HomeMy WebLinkAbout11 1108 min56
The Plainview City Council met on November 8, 2011 at 7:00 p.m. in the City Council
Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting
was posted in City Hall at 12:30 p.m. on November 4, 2011. Mayor John C. Anderson
presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner -
District 2, David Garcia - District 3, V. O. Ortega- District 4, Ron Trusler- District 5,
Wendell Dunlap- District 6 and Roland Nash - District 7.
Staff members present were: Greg Ingham -City Manager, Jeffrey Snyder- Assistant City
Manager, Leslie Pearce -City Attorney, Mike Gilliland- Director of Public Works, Will Mull -
Police Chief, Rusty Powers -Fire Chief, Daniel Born - Information Technology Specialist,
Sarianne Beversdorf- Director of Finance and Belinda Hinojosa -City Secretary.
News Media Present: Jessica Thornton - Plainview Herald
Guests Present: Ashley Ann Maciel and Raymond Maciel
Councilmember Cathy Waggoner delivered the invocation and led in the Pledge of
Allegiance
Mayor Anderson recognized Jessica Thornton on her 23 birthday.
Councilmember Trusler moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Ortega and carried by unanimous vote. Items approved
on the consent calendar included the approval of the minutes of September 27, 2011
and November 3, 2011; approval of Resolution R11 -253, a Resolution of the City
Council of the City of Plainview, Texas, Approving the Request of the Plainview
Chamber of Commerce to Host the 2011 Annual Plainview Chamber of Commerce
Christmas Parade; Authorizing the Filing of the Agreement for the Temporary Closure of
State Right -Of -Way with the Texas Department of Transportation for this Annual
Parade; Declaring that the Event Serves a Public Purpose; and Agreeing to Comply
with Regulations; approval of Resolution R11 -254, a Resolution of the City Council of
the City of Plainview, Texas, Approving the Request of Plainview YMCA to Host the
"YMCA 5k Road Race "; Authorizing the Filing of the Agreement for the Temporary
Closure of State Right -Of -Way with the Texas Department of Transportation for this
Road Race; Declaring that the Event Serves a Public Purpose; and Agreeing to Comply
with Regulations; and authorize Mayor to sign License to Encumber Public Right -of-
Way to Plainview Christian Academy.
Greg Ingham, City Manager presented for consideration and to take necessary action to
authorize Mayor to sign Agreement between the City of Plainview and Parkhill, Smith &
Cooper, Inc. for Professional Services. City staff has been working with Parkhill, Smith
& Cooper on the development of the project to build two new water towers. The City
issued certification of obligations on this some time back. This project is now ready to
move forward. On projects of this size we normally develop a project specific
professional services agreement defining the terms and costs involved, rather than
handling it with hourly billing.
Parkhill, Smith & Cooper will handle the engineering services for the Design Phase, the
Bidding and Negotiating Phase, and the construction phase for the projects. Additional
City Council Minutes
November 8, 2011 Page 1 of 3
services such as the Resident Project Representative, surveying, and testing services
for these projects will also be provided through this agreement. Staff recommends
approval of this agreement
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to authorize Mayor to sign Agreement between the City of
Plainview and Parkhill, Smith & Cooper, Inc. for Professional Services. The motion was
duly seconded by Councilmember Waggoner and carried by unanimous vote.
Mr. Ingham presented for consideration on first reading, Ordinance No. 11 -3565, an
Ordinance Amending Chapter 23, Taxation, of the City of Plainview Code of Ordinances
to Tax Tangible Personal Property in Transit Which Would Otherwise be Exempt
Pursuant to Texas Tax Code, Section 11.253; Cumulativeness Clause; Conflicts
Clause; Severability Clause; and Effective Date. In 2001 a Texas constitutional
amendment was passed that would allow certain tangible personal property or "Goods
in Transit" to be exempted from property taxes. There has been a lot of legislative
activity regarding the actual implementation of this exemption over the last ten years. In
2007, the Texas Legislature passed Tax Code Section 11.253. This was very broadly
written and most taxing entities across the State passed Ordinances or other
appropriate legislation to continue taxing goods -in- transit.
But during the 2011 Special Session, in Senate Bill 1, (the State finance bill), the
Legislature passed revised rules implementing the goods -in- transit exemption which
they indicated limited the applicability of Section 11.253. The stated purpose of the law
is to make Texas warehouses more competitive with New Mexico warehouses.
The City of Plainview does currently tax tangible personal property in transit. While this
new legislation does not impact the property currently being stored in company owned
warehouses, we feel that the City still needs to adopt a policy of taxing any tangible
personal property in transit in case conditions may change.
Councilmember Trusler moved to open a public hearing on Ordinance No. 11 -3565.
The motion was duly seconded by Councilmember Dunlap and carried by unanimous
vote.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Ortega moved to close the public hearing. The motion was duly
seconded by Councilmember Garcia and carried by unanimous vote. Mayor Anderson
closed the public hearing at 7:08 p.m.
Councilmember Dunlap moved to adopt Ordinance No. 11 -3565 on first reading. The
motion was duly seconded by Councilmember Trusler and carried by unanimous vote.
Mr. Ingham, City Manager presented for consideration on first reading, Ordinance No.
11 -3566, an Ordinance Amending Chapter 11, Fire Protection and Prevention, of the
City of Plainview Code of Ordinances and Clarifying the Certification Pay and
Assignment Pay in the Fire Department and the Fire Marshal's Office; Cumulativeness
Clause; Conflicts Clause; Severability Clause, and Effective Date. We have been
City Council Minutes
November 8, 2011 Page 2 of 3
57
58
working to get firefighters and EMT's certified. In the 2011 -2012 budget, the Council
approved an increase to the EMS certification pay for an EMT - Intermediate from
$200.00 per month to $240.00 per month and the Certification pay for an EMT -
Paramedic from $400 per month to $480 per month. This is a step in the right direction
to encourage obtaining certification.
Since the Fire Department is Civil Service under Section 143, we need to formally set
these new pay rates by Ordinance. These adjustments are retroactive to October 1,
2011.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Trusler moved to adopt Ordinance 11 -3566 on first reading. The
motion was duly seconded by Councilmember Starnes and carried by unanimous vote.
Mr. Ingham presented for consideration to take necessary action to authorize Mayor to
sign Texas Department of Agriculture Contract No. 711371 for Community Development
Programs. This Agreement will approve the Contract with the Texas Department of
Agriculture in the amount of $275,000 with matching $55,400 in city funds. This will be
used to replace approximately 4,300 linear feet of water distribution line in the
northeastern section of the City.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Starnes moved to authorize Mayor to sign Texas Department of
Agriculture Contract No. 711371 for Community Development Programs. The motion
was duly seconded by Councilmember Waggoner and carried by unanimous vote.
There being no further business, Mayor Anderson adjourned the meeting at 7:13 p.m.
Belinda Hinojosa
City Secretary
City Council Minutes
November 8, 2011 Page 3 of 3