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Home My WebLink About13 0709 min216 The Plainview City Council met on July 9, 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 3:45 p.m. on July 5, 2013. Mayor Wendell Dunlap presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner - District 2, V. O. Ortega- District 4, and Lionel Garcia - District 6. Councilmembers David Garcia - District 3, Shane Martinez - District 5, and Eric Hastey- District 7 were 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, Mike Gilliland- Director of Public Works, Rusty Powers -Fire Chief, and Belinda Hinojosa -City Secretary. News Media Present: Homer Marquez - Plainview Herald Councilmember Lionel Garcia delivered the invocation and led in the pledge of allegiance. Councilmember Ortega moved to adopt the consent calendar. The motion was duly seconded by Mayor Pro Tem Cathy Waggoner and carried by unanimous vote. Items approved on the consent calendar included approval of the minutes of June 25, 2013; the granting of excused absences to Councilmembers David Garcia - District 3, Shane Martinez- District 5, and Eric Hastey- District 7. Greg Ingham presented information on the backflow prevention program. Earlier in the year staff informed the Council that the Texas Commission on Environmental Quality (TCEQ) had determined that the City's backflow prevention program was not adequate and that there were also a couple of lesser issues that needed to be corrected. An agreed order to resolve these problems was approved by the Commission on May 22, 2013. As part of that the City agreed to perform a supplemental environmental project. The City committed funds to fund a household waste collection program which will come about in the near future. Since the City has been working to upgrade its Backflow and Customer Service Inspection programs to assure that they are in full compliance with TCEQ Rules and meet the terms of the Agreed Order, Cthought it would be beneficial to make the public more aware of the importance of preventing cross connections. At this time we are focusing on facilities that are potentially high hazards — primarily commercial, health, industrial, and other business type facilities. We believe it will be helpful for the public to have a better understanding of what is involved in this process. We have been working with Hardin and Associates who is an expert in this area. We have asked Byron Hardin to come tonight to speak with the Council. The requirements to control cross - connections in Texas were passed into law in 1996. The City of Plainview had implemented a program to comply with that cross connection /backflow requirements at that time and it had been found to be adequate until recent years. Now our goal is to bring the program back into compliance. He introduced Jeff Birtle, TCEQ Regional Director and Gary Shipp, Section Manager who are present if Council has any questions. City Council Minutes July 9, 2013 Page 1 of 4 He turned it over to Byron Hardin with Hardin and Associates. He stated that the main thing he wants to leave tonight is that this is a public health program designed to protect our potable water supply. TCEQ has placed a lot of emphasis on protection of that water supply. The Safe Drinking Water Act of 1974 established national standards for safe drinking water. States are responsible for enforcement of these standards and the water purveyor, which in this case is the City, is held responsible for compliance to the Safe Drinking Water Act. Cross - connection control law became effective in Texas on January 1, 1996. All public water systems are required to implement cross - connection control programs. The program has two parts — Backflow Prevention Device Testing and Customer Service Inspections. All backflow prevention assemblies shall be tested upon installation by an approved TCEQ tester. All high hazard assemblies shall be tested at least annually. All test reports shall be kept three years. No water connection from any public drinking water supply system shall be allowed to any residence or establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination. At any residence or establishment where an actual or potential contamination hazard exists and an adequate internal cross - connection control program is in effect, backflow protection at the water service entrance or meter is not required. An adequate internal cross - connection control program shall include an annual inspection and testing by a certified backflow prevention assembly tester on all backflow prevention assemblies used for health hazard protection. It is the responsibility of the water purveyor to ensure that these requirements are met. Customer Service Inspections shall be completed prior to providing continuous water service to new construction, on existing services, material improvement, correction, addition to the private plumbing facilities, or when the water purveyor has reason to believe that cross - connections exist. The customer service inspection looks for actual or potential cross - connections; pipe or pipe fitting which contains more than 8.0% lead; and solder or flux which contains more than 0.2% lead. The CSI form must be kept on file for five years. Public water systems must adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to insure that neither cross - connections nor other unacceptable plumbing practices are permitted. As potential contaminant hazards are discovered, they shall be promptly eliminated to prevent possible contamination of the water supplied by the public water system. The existence of a health hazard shall be considered sufficient grounds for immediate termination of water service. Service can be restored only when the health hazard no longer exists, or until the health hazard has been isolated from the public water system. City Council Minutes July 9, 2013 Page 2 of 4 217 218 Mayor Dunlap asked for public comment. There was no public comment. Councilmember Starnes asked if a homeowner went out and decided to install the devices at their house, would that require an inspection. Mr. Hardin stated that if there is no hazard present, then no backflow protection is warranted. Councilmember Starnes then reiterated that a homeowner would not be required to comply with anything at that point. Mr. Hardin agreed. Councilmember Starnes asked if there is a state mandated fee for the annual inspection. Mr. Hardin stated there is not a state mandated fee; however, there is a very heavy administrative burden placed on staff. One of things that the council needs to consider is how do you move forward with this. There is a very significant administrative burden. Council needs to look as to how to fund all this. Councilmember Lionel Garcia asked if he lived next to a business that he doesn't know if they have a backflow device; is there a number he can call? Mr. Hardin stated the program is set up to contact the Public Works department to report and they would need to determine if there is a potential cross contamination at that site. Mr. Hardin stated the state rules and regulations clearly state that if there is no cross - connection hazard then you don't need backflow protection. You are not having to put backflow devices at every single meter throughout the city; that is not the intent. The intent is to protect against those facilities that are placing a potential cross - connection hazard to your system. Those are the facilities that are going to have to put in the mechanical backflow devices. Mayor Dunlap stated that he had a sprinkler system and he had his tested. What about individuals that have old sprinkler systems in place? Mr. Hardin stated if there is a connection that poses a potential risk or backflow prevention hazard then backflow prevention is required. The next thing that needs to be evaluated is what is that degree of hazard? There are two degrees of hazard classifications: health or nonhealth. Next thing you evaluate is what type of backflow condition — back syphonage or back pressure? These determine what needs to be put in. If there is no cross - connection hazard present; backflow protection is not required. Councilmember Lionel Garcia asked about old buildings built in the 1920's or 1930's, what if they don't meet the required limits of the lead on those plumbing pipes? RG206 states that only facilities built after 1988 would have the requirement to have the lead validation. Todd Kennemer, Community Development Manager presented for consideration to authorize Mayor to sign License to Encumber Public Right of Way to Plainview Masonic Lodge. This is to encumber portion of right of way to install flag pole in front of lodge. The City has received the insurance, utilities continue as is and it requires them to remove pole if they cease to continue to use. Mayor Dunlap asked for public comment. There was no public comment. City Council Minutes July 9, 2013 Page 3 of 4 Councilmember Starnes moved to authorize Mayor to sign License to Encumber Public Right of Way to Plainview Masonic Lodge. The motion was duly seconded by Councilmember Lionel Garcia and carried by unanimous vote. There being no further business, Mayor Dunlap adjourned the meeting at 8:05 p.m. Belinda Hinojosa City Secretary City Council Minutes July 9, 2013 Page 4 of 4 219