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HomeMy WebLinkAbout14 1218 Council minutes394 The Plainview City Council met on December 18, 2014 at 11:34 a.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 11:31 a.m. on December 15, 2014. Mayor Wendell Dunlap presided. Councilmembers present were: Charles Starnes -District 1, Larry Williams - District 2, Norma Juarez -District 3, Teressa King -District 4, Susan Blackerby-District 5, Lionel Garcia -District 6 and Eric Hastey-District 7. Staff members present were: Jeffrey Snyder -City Manager, Leslie Spear -City Attorney, Mike Gilliland -Director of Public Works, Ken Coughlin -Police Chief, Rusty Powers -Fire Chief, lsauro Gutierrez -Information Technology Specialist, Andrew Freeman -Assistant City Manager, Dennis Harkins -Police Captain, Arthur Wall -Street Superintendent, Sarianne Beversdorf-Director of Finance, and Belinda Hinojosa-City Secretary. News Media Present: Homer Marquez -Plainview Herald, Caleb Hatch -Plainview Radio, and Josephine Musico -Lubbock Avalanche Journal Guests Present: Mike Fox, Stacie Hardage, John Hamilton, Crystal Davenport, Sandra Moya, Charlene Jones, Alvin R. Millican, (Castillo), Donna L. Reyna, and Rene Castillo Councilmember Charles Starnes delivered the invocation and led in the pledge of allegiance. Jeffrey Snyder, City Manager announced there would be no meeting on December 23rd Mr. Snyder introduced John Hamilton with Parkhill, Smith & Cooper. Mr. Hamilton reviewed the airport master plan. Mayor Pro Tem King asked if it was reconsidered to move Southwest 3rd. Mr. Hamilton stated it was one of the options but because of the ownership of the land it was decided to shift southwest. Mrs. King also asked if the plan was posted online. She was advised that it would be posted on city website once it was finalized. Councilmember Garcia asked if local expenses were budgeted. He was advised that this was in the 2014-2015 budget. Mr. Garcia also asked if individuals paid a fee that used the airport. He was advised that money was made through payment of a flowage fee on fuel. Mr. Hamilton added that the fixed based operators will have to pay to have their business at the airport. There is a 10% match on these big projects. Contractors buy materials locally and use local restaurants. Councilmember Williams asked if we would be purchasing buildings on property and then leasing right back to individuals. He advised that owning property was a leverage for tax dollars. He advised this was early in discussions. Councilmember Hastey stated if this needed to happen to be able to receive grant money. He was advised yes. City Council Minutes December 18, 2014 Page 1 of 6 i.. Smith & Cooper. The motion was duly seconded by Councilmember Blackerby. Councilmember Blackerby asked about hangar purchases. She was advised that best option would be for all structures to be publicly owned. Consultant in Bastrop, Texas would look at all and evaluate. Ms. Blackerby also asked if Blakney Blvd would be open for businesses. He stated that businesses that compliment aviation could be brought in but that decision would be up to City and County, with FAA having the final say. Mayor Pro Tem asked if there would be problems with 3rd Street. The City owns the runway protection zone. Councilmember Garcia asked about the close call in the news with an airplane. Mr. Hamilton stated there is a safety plan involving all of this. This plan addresses the new FAA rule changes. Mayor Dunlap introduced for consideration and to take necessary action regarding Agreement for Professional Services regarding a Plainview/Hale County Airport Appraisal at the Plainview/Hale County Airport, Plainview, Hale County, Texas. Mr. Hamilton stated this is project A-2. The purpose of this project is to have a third party expert come in and evaluate existing above ground assets that are privately held at the airport and determine a fair market value for those assets. This has been requested by TxDOT. This Agreement will address that request and will help us move forward on that project. The total cost is $39,000. There was no public comment. Councilmember Williams move to take necessary action to go into contract with Parkhill Councilmember Garcia asked if this was to get an appraisal on the property. Mr. Snyder stated that is correct. TxDOT recommended to go thru this process to get a value. We will be reimbursed 90/10 on this project. Councilmember Blackerby asked if the appraisal included Rocket Aviation. She was advised that it included all privately owned structures. Mayor Pro Tem King asked about cost listed for A2 at $495,000 with $50,000 local contribution. Mr. Hamilton stated that was just a placeholder since we don't have an appraisal done to establish that number. She asked if there was an RFP done. He stated they have a five year agreement for professional services. This is a trusted sub consultant. TxDOT recommended two individuals who were both contacted and we felt like this firm was the best. Councilmember Hastey asked if the County was going to share in the costs. He was advised they had already approved the agreement. Mayor Dunlap asked for a vote. The motion carried by unanimous vote. Mayor Dunlap moved to item number 7, Resolution R14-328, 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 City Council Minutes December 18, 2014 Page 2 of 6 395 396 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; Supporting the Efforts of Warriors Against Synthetic Pot (WASP); and Providing for an Effective Date for Such Resolution. Leslie Spear, City Attorney introduced Ken Coughlin, Police Chief. He showed a video on an individual affected by synthetic marijuana. If it is one of the banned substances, we can arrest for possession. We can charge them with a Class B misdemeanor if there is some indication they are going to use it for what it was not intended for. We have had 22 arrests when we found that combination. We have a lot of cases where we cannot charge them with a Class B. In Plainview, Texas, from 2013 to 2014, we have seen about a 35% increase in synthetic marijuana arrests. They have filed 22 cases to date in 2014 and 13 in 2013 for synthetic violations. They have made numerous other arrests involving synthetic marijuana where elements of synthetic charge were not met. There is new legislation being proposed — Senate Bill 199 — Charles Perry and Senate Bill 173 — Joan Huffman. It adds language intended to address any other similar substance which has either a similar structure of similar effect to a substance already banned. Rusty Powers, Fire Chief also spoke on the subject. Common medical effects of synthetic marijuana are: (1) effects are extremely inconsistent from use to use; (2) hallucinations and paranoia that leads to agitation and aggression; (3) rapid heart rate — sometimes to dangerous levels; and (4) suicidal thoughts and behavior and seizures. The main focus is to calm the patient; however traditional medications have been ineffective and even deadly. With the ingredients unknown, even at the ER, the most common course of treatment is to sedate the person and keep them stable until the drug runs its course. Mr. Powers added that our firefighters and police officers are facing dangerous situations dealing with these individuals and these substances need to be removed. Leslie Spear, City Attorney also presented information. She thanked WASP and the Chiefs for their work. She advised the Council that the store that was selling in Plainview had stopped selling. She had visited with the Attorney General's office for assistance. They sent a letter to the company asking them to cease operations or face a hefty fine. She encouraged the Council to vote for this Resolution. Mayor Dunlap asked for public comment. Crystal Davenport, Founder of WASP Plainview of 3102 Canyon expressed support for this resolution. They have joined forces with DARE program and are now educating children in grades 5th — 12th grade. City Council Minutes December 18, 2014 Page 3 of 6 Sandra Moya of 910 W. 28th stated she wants this Resolution passed. She has experienced first-hand the effects of synthetic marijuana through her son. Councilmember Starnes moved to adopt Resolution R14-328. The motion was duly seconded by the rest of the Council. Councilmember Garcia thanked all the people that have worked so hard. Mayor Pro Tem King asked if any cities statewide are passing similar resolutions. Ms. Spear stated we are encouraging cities to pass similar Resolutions. All City attorneys she has spoken to are very serious about trying to get them off their shelves. Councilmember Starnes complemented Crystal Davenport for her energy on this. Mayor Dunlap asked for a vote. The motion carried by unanimous vote. Mr. Jeffrey Snyder, City Manager presented for consideration Resolution R14-330, a Resolution By the City of Plainview, Texas ("City") Suspending Southwestern Public Service Company's Proposed Effective Date In Connection With Its Statement Of Intent Submitted On About December 8, 2014; Authorizing The City To Join With Other Cities In The Alliance Of Xcel Municipalities ("AXM") To Direct The Activities Of Lawyers And Consultants; Authorizing The Hiring Of Attorneys And Consultants; Requiring Reimbursement Of Reasonable Legal And Consultant Expenses; Requiring Proof Of Notice; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date. On about December 8, 2014, Southwestern Public Service Company filed an application to increase its base rates by approximately $64.8 million in annual revenue, which represents an increase in base revenue of about 12.6%. SPS' application requests an effective date of January 12, 2015 for its proposed increase in rates. We just went through a similar process. SPS has been making lots of improvements. He is asking Council to suspend those rates. If we don't take action by January 12th, they go into effect. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Blackerby moved to approve Resolution R14-330. The motion was duly seconded by Councilmember Hastey. Councilmember Starnes stated the last rate case that just got resolved started about four years ago. Mr. Snyder stated we are seeing it more constant. This one probably won't linger as long. They are asking for something a little bit different. We are evaluating both. We do want to have a healthy utility company. We have to balance with actual costs that impacts city and our citizens. Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote. Chief Coughlin presented for consideration Resolution R14-329, a Resolution of the City Council of the City of Plainview, Texas, Approving the Interlocal Agreement Between the Lubbock Emergency Communication District and the City of Plainview, Texas; City Council Minutes December 18, 2014 Page 4 of 6 397 398 Authorizing the Signing of the Agreement Providing for Enhanced 911 Emergency Services to its Citizens; Declaring that the Agreement Serves a Public Purpose; and Agreeing to Comply with the Provisions of the Agreement. We have had an agreement from back in the 80's. This is basically 911 Lubbock to provide 911 services to us at no additional cost. This is funded through a charge placed on our phone bills. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Starnes moved to adopt Resolution R14-329. The motion was duly seconded and carried by unanimous vote. Arthur Wall, Street Superintendent presented for consideration to authorize purchase of Tymco regenerative air street sweeper through Buy Board Cooperative Purchasing Contract No. 420-13. We are asking to consider purchase of a Tymco regenerative air street sweeper in the amount of $212,742. This is replacing a 2007 model that is currently inoperable and we cannot get parts and service. This amount is budgeted in 2014-2015 budget in the equipment replacement fund. Staff recommends approval. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Starnes moved to authorize purchase of Tymco regenerative air street sweeper through Buy Board Cooperative Purchasing Contract No. 420-13 in the amount of $212,742. The motion was duly seconded by Councilmember Juarez. Councilmember Williams asked if the new one is the same brand as the 2007. He was advised no; that contractor went out of business. Mayor Pro Tem King asked if we have another one. We have a 2013 Elgin. Ms. King mentioned that she would like more information on the equipment replacement account. Councilmember Hastey was advised it is competitively bid through BuyBoard purchasing cooperative and this meets state law requirements. Councilmember Garcia asked about scheduled maintenance. We have a regular routine maintenance schedule. We replace parts on a regular basis due to hours and time. Discussion was had on lack of service center and if maintenance schedules have been kept up. Mr. Gilliland stated that maintenance is done on a schedule. Superintendents are keeping an hourly schedule. We have this on record that we are doing on time. We are also working on the service center issue. Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote. Councilmember Blackerby moved to go into closed session to deliberate the purchase, exchange, lease or value of real property, the public discussion of which would not be in the best interest of the City's bargaining position with third parties, in accordance with Tex. Gov't Code, Section 551.072. The motion was duly seconded by Councilmember Hastey and carried by unanimous vote. Mayor Dunlap recessed the meeting at 2:03 p.m. Mayor Dunlap called the meeting back in open session at 2:37 p.m. City Council Minutes December 18, 2014 Page 5 of 6 399 Councilmember Starnes moved to authorize City to purchase 3601 N. 1-27 according to the terms of the contract and authorize Mayor to sign contract. The motion was duly seconded by Councilmember Juarez and carried by unanimous vote. There being no further business, Mayor Dunlap adjourned the meeting at 2:41 p.m. Belinda Hinojosa City Secretary City Council Minutes December 18, 2014 Page 6 of 6