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Home My WebLink About13 0625 min212 The Plainview City Council met on June 25, 2013 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 3:30 p.m. on June 21, 2013. Mayor Wendell Dunlap presided. Councilmembers present were: Cathy Waggoner- District 2, David Garcia - District 3, V. O. Ortega- District 4, Shane Martinez- District 5, Lionel Garcia - District 6 and Eric Hastey- District 7. Councilmember Charles Starnes - District 1 was absent. Staff members present were: Greg Ingham -City Manager, Jeffrey Snyder- Assistant City Manager, Leslie Pearce -City Attorney, Todd Kennemer - Community Development Manager, William Mull- Police Chief, Daniel Born - Information Technology Specialist, Sarianne Beversdorf- Director of Finance, Rusty Powers -Fire Chief, and Belinda Hinojosa -City Secretary. News Media Present: Homer Marquez - Plainview Herald Councilmember V. O. Ortega delivered the invocation and led in the pledge of allegiance. Mayor Pro Tem Waggoner moved to adopt the consent calendar. The motion was duly seconded by Councilmember David Garcia and carried by unanimous vote. Items approved on the consent calendar included approval of the minutes of June 11, 2013 and June 20, 2013; the granting of excused absences to Councilmember Charles Starnes.; approval of financial reports; and approval of Resolution R13 -287, a Resolution of the City Council of the City of Plainview, Texas, Approving the Request of Plainview / Hale County Crime Stoppers to Host the "Color Fun Freedom Run "; Authorizing the Filing of the Agreement for the Temporary Closure of State Right -Of- Way With the Texas Department of Transportation for This Event; Declaring that the Event Serves a Public Purpose; and Agreeing to Comply with Regulations. Mr. Jeffrey Snyder, Assistant City Manager presented for consideration to award bids for One New and Unused 3 / -ton Heavy Duty, Regular Cab, LWB Pickup Chassis with No Cargo Bed. This bid is for a new animal control vehicle. This is to replace a 2006 Chevrolet Van with over 143,000 miles. Three bids were received as follows: 1) Caldwell Country Chevrolet — 2014 Chevrolet Silverado 2500 HD Ref Cab Chassis - $20,358; 2) Caldwell Country Chevrolet — 2013 Chevrolet Silverado 2500 HD Reg Cab - $20,557; 3) Randall Reed's Prestige Ford — 2014 or 2013 Ford F250 - $20,960. Staff recommends the bid be awarded to the low bidder, Caldwell Country Chevrolet in the amount of $20,358. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Ortega moved to award the bid to the low bidder, Caldwell Country Chevrolet in the amount of $20,358. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. City Council Minutes June 25, 2013 Page 1 of 4 Mr. Snyder presented for consideration to authorize Mayor to sign the contract between the City of Plainview and HMS Equipment Company for the Animal Shelter Kennel Replacement Project. The Council in the previous meeting awarded the bid to HMS Equipment Company for the kennel. Laura Steen and the Humane Society raised over $35,000 through donations from the Mayer Foundation, Joachim Foundation and Plainview Area Endowment to put towards this project. The City has budgeted funds to match that amount to help complete the project. The project is expected to take 60 days. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Martinez moved to authorize Mayor to sign the contract between the City of Plainview and HMS Equipment Company for the Animal Shelter Kennel Replacement Project. The motion was duly seconded by Councilmember Ortega and carried by unanimous vote. Mr. Snyder presented for consideration to award Proposal for the HOME HRA Professional Consultant Services and authorize Mayor to sign the Interlocal Governmental Cooperation Contract for Administrative Services between the City of Plainview and SPAG to administer the Plainview HOME HRA Program. In October 2012, the City approved an agreement to participate in the Homeowner Rehabilitation Assistance Program - Reservation System through the Texas Department of Housing and Community Affairs. This program allows the City to rehabilitate /reconstruct single - family residences owned and occupied by low- income households. The City has participated in this program before and reconstructed 5 homes. This would allow SPAG to administer this part of the grant. Staff recommends award of the proposal to SPAG. Mayor Dunlap asked for public comment. There was no public comment. Mayor Pro Tem Waggoner moved to award proposal for the HOME HRA Professional Consultant Services and authorize Mayor to sign the Interlocal Governmental Cooperation Contract for Administrative Services between the City of Plainview and SPAG to administer the Plainview HOME HRA Program. The motion was duly seconded by Councilmember Ortega. Councilmember Ortega asked what funds the city has to put up and Mr. Snyder stated there is no match required for this program. Mayor Dunlap asked if five homes would be constructed. Mr. Snyder stated that this program is different; we are in the reservation program and can construct up to ten homes if funding is available. Councilmember Lionel Garcia asked if SPAG has an office in Plainview. Mr. Snyder advised that they are in Lubbock but they would come here and people could pick up packets here. Councilmember Hastey asked if we would advertise in the Herald. Mr. Snyder said yes and that we would have some type of outreach. Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote. City Council Minutes June 25, 2013 Page 2 of 4 213 214 Councilmember Lionel Garcia moved to go into cloAed session pursuant to Section 551.071 to consult with attorney on a matter in which the attorney's duty to the government body under the Texas Disciplinary Rules of Professional Conduct conflicts with the open meeting statutes and about pending or contemplated litigation or settlement of same relating to Synthetic Marijuana. The motion was duly seconded by Councilmember Hastey and carried by unanimous vote. Mayor Dunlap recessed the meeting at 7:17 p.m. Mayor Dunlap called the meeting back in open session at 8:04 p.m. William Mull, Police Chief presented for consideration Resolution R13 -289, a Resolution of the City Council of the City of Plainview, Texas, Calling Upon the United States Congress and the Texas Legislature to Enact the Following to Protect the Citizens Residing Within their Boundaries: (1) Criminal Sanctions for the Manufacture, Sale, Delivery and Possession of Synthetic Marijuana and Other Substances Marketed to Imitate the Effects of Illegal Substances And Prohibiting the Misbranding or False Labeling of Said Substances; and (2) Civil Liability for Sellers, Retailers, Distributors, and Manufacturers of Such Substances that Cause Harm Or Death to a Consumer; and Providing for an Effective Date for such Resolution. Chief Mull stated he would like to see Council approve the resolution to United States Congress, Texas House and Senate asking them to review issue of synthetic marijuana. We need to have packaging label listing elements and warning labels stating what effect this product will cause the human body. Mayor Dunlap asked for public comment. There was no public comment. Mayor Pro Tem Waggoner moved to adopt Resolution R13 -289. The motion was duly seconded by Councilmember David Garcia. Councilmember Lionel Garcia stated this resolution is to let our state and national officials know the importance of trying to control synthetic marijuana and all the chemicals that go into it. By doing so, hopefully something more will come out of this. One thing he would like for us to do is to have our police department enforce the laws that are on the books now and increase the process of education for the citizens of Plainview and in our area. Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote. Mayor Dunlap added that our police department has been enforcing state and federal laws. The Council is of the opinion they are adequate and there is nothing we can do to enhance what is already on the books. He is disappointed that state and federal guidelines aren't as strict, especially when it comes to branding or mislabeling of substances. This is very serious and we are taking it serious and it doesn't mean we are not working state and federal laws. City Council Minutes June 25, 2013 Page 3 of 4 There being no further business, Mayor Dunlap adjourned the meeting at 8:10 p.m. Belinda Hinojosa City Secretary City Council Minutes June 25, 2013 Page 4 of 4 215