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Home My WebLink About05 0111 minThe Plainview City Council met on January 11, 2005 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 5:20 p.m. on January 7, 2005. Mayor John C. Anderson presided. Councilmembers present were: Kelvin Tipton-District 1, Mary Jane Shanes- District 2, Belinda Pena-District 3, John N. Bertsch-District 4, Ron Trusler-District 5, Wendell Dunlap-District 6 and Roland Nash-District 7. Staff members present were: Greg Ingham-City Manager, John Castro-Director of Community Services, John Sigwald-Librarian, Dale Simpson-Director of Civil Service, Gary Glass-Fire Chief, Will Mull-Police Chief and Belinda Hinojosa-City Secretary News Media Representative: Richard Orr-Plainview Daily Herald Guests present were: Brent Hamilton, Tom Aday, Rev. Roger Foote, David Isaacson, Kristen Lopez, Sonya Ortiz and Stefhanie Fulton R, ev. Roger Foote, Northside Baptist Church delivered the invocation. Kristen Lopez, Sonya Ortiz and Stefhanie Fulton of Girl Scout Troop 805 led in the Pledge of Allegiance. Councilmember Nash moved to adopt the consent calendar. The motion ,was duly seconded by Councilmember Shanes. Mayor Anderson, Councilmembers Tipton, Shanes, Pena, Bertsch, Dunlap and Nash voted "for" the motion and Councilmember Trusler abstained due to a conflict of interest on item (g). The motion carried. Items approved on the consent calendar included approval of the minutes of December 14, 2004 and January 6, 2005. The Council approved the appointment of Irene Favila to the Coordinating Board of Economic Development as the District 2 representative. The Council awarded the bids for a combination sewer vac. to the lone bidder Municipal Industrial Supply in the amount of $70,950. The Council approved the contract with Parkhill, Smith & Cooper for miscellaneous engineering services. The Council approved authorizing the Mayor to sign the Texas Department of State Health Services Grant Change #4 for immunization services provided by the Plainview/Hale County Health Department. The Council approved authorizing the Mayor to sign a Memorandum of Understanding between Central Plains and the City of Plainview for counseling services to be provided at shelters operated by the City and the Red Cross in case of an emergency. The Council approved authorizing the Mayor to sign a Memorandum of Understanding between the American Red Cross and the City of Plainview for providing shelter and mass care for the members of the public in case of an emergency. Greg Ingham, City Manager presented for consideration request for operations and maintenance funding per Chapter 351 Texas Tax Code from Plainview Convention Center. Mr. Ingham advised that the convention center plays an important role in bringing people to the community. The City has budgeted $25,000 in hotel/motel tax dollars for this. Mayor Anderson asked for public comment. 345 City Council Minutes January 11, 2005 Page 1 of 4 34'6 Brent Hamilton of Box 1322, FM 400, Plainview presented to the Council figures that documented costs for the Convention Center. They are requesting $50,000, $25,000 from the Convention & Visitors Bureau and $25,000 from the Council. He stated the Tax Code statutorily prescribes that such monies be used for operation and maintenance. Mr. Hamilton thanked the Council for last year's contribution and expressed continued need. He advised this is a great facility for our community. There was no other public comment. Councilmember Bertsch stated he wanted to clarify that there are two entities, the Country Club which is self-sUpporting and the Convention Center. Mr. Hamilton reiterated that these dollars are strictly for maintenance and operation of the Convention Center. The Convention Center is open to anyone from the public. Mayor Anderson reviewed the Center's financials and stated that the actual loss was $93,000. He stated he was amazed at how many meetings take place and how fortunate we are, to have the Convention Center. He expressed appreciation to Mr. Hamilton and Mr. Aday and the board for the great job that they do. Mayor Anderson moved to allocate $25,000 to the Plainview Convention Center from the hotel/motel tax fund. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. Mr. Ingham presented for consideration and to take necessary action regarding letter to the Office of Rural Community Affairs regarding proposed amendments to the 2005 Action Plan and the 2005-2009 Consolidated Plan. He stated the Office of Rural Community Affairs ("ORCA") asked for comments regarding changes they would like to make to the community development program. In the TCDP infrastructure program one-third of the applicants are funded. ORCA is wanting to go to, the TCDP program and pull out 15% for its educational pilot program. It his recommendation that a letter be sent to ORCA asking them to leave the program as currently stands. There was no public comment. Councilmember Dunlap moved to approve the letter and send to ORCA with the Mayor's signature. The motion was duly seconded by Councilmember Tipton and carried by unanimous vote. John Sigwald, Librarian presented for consideration Ordinance No. 05-3438, an Ordinance amending Chapter 14, Library, of the City of Plainview Code of Ordinances, cumulativeness clause; conflicts clause; severability clause, and effective date. Mr. Sigwald stated that at the last advisory board meeting, it was discussed to bring the current ordinance up to date. This ordinance would increase the maximum overdue fee for books or audio and videos from $5.00 to $10.00 or half the value of the item whichever is less. A statement was also added to state lost material would incur a charge of the listed retail price of the item plus a $5.00 processing fee. Patrons returning previously lost materials which were paid for, along with the receipt, within 3 months of the original due date will be reimbursed the original cost of the item less the processing fee. Lost materials remain the property of the City of Plainview. City Council Minutes January11,2005 Page 2 of 4 There was no public comment. Councilmember Tipton questioned how many losses per year. Mr. Sigwald advised that 3,000 losses in-the last ten years, roughly 300 per year. Councilmember Shanes stated to Mr. Sigwald, "We have a wonderful library, you and your staff do a great job." Councilmember Tipton moved to approve Ordinance No. 05-3438 upon first reading. The motion was duly seconded by Councilmember Shanes and carried by unanimous vote. Mr. Ingham presented for consideration Resolution R05-143, a Resolution of the City Council of the City of Plainview, Texas creating the Main Street Coordinating Board. He stated we are moving forward with rebuilding the main street program. One recommendation was to create a broad based board appointed by the Council. This resolution creates that board. Mr. Ingham emphasized that this board will not take place of the Downtown Association. The Plainview Downtown Association is an integral part of Main Street which has a specific focus on business interest and will provide support. He thanked the Plainview Downtown Association for what they've done. Councilmember Trusler moved to approve Resolution R05-143. The motion was duly seconded by Councilmember Pena and carried by unanimous vote. Mr. Ingham presented for consideration appointment of Main Street Coordinating Board. Mr. Ingham stated at the request of Council, he contacted several people. All the individuals contacted, except for Willis McCutcheon expressed an interest in serving. Mr. McCutcheon had made a commitment to another board and felt he could not serve on this board also. The following have expressed interest in serving: Deliece Harrison, Jack Oswald, Vernah Ramsower, Rodney Watson, Sharon Wright, G. K. Reddy, Chamber of Commerce President or their designee (currently Randy Kaufman) and Bill Cross. There will be one vacant position for an individual from a financial institution which can be filled at a later date. Councilmember Shanes moved to appoint those named to the Main Street Coordinating Board. The motion was duly seconded by Councilmember Nash and carried by unanimous vote. Mr. Ingham presented for consideration authorizing payment regarding EPA Consent Decree. He stated it has been a long journey for the City which goes back to the prior treatment facility. In the 1990's, EPA lowered the discharge level for ammonia. In order to meet this new requirement, the City tried different things without building a new plant. The EPA found the City in violation and filed a complaint against the City. The allegations of the complaint are that (1) the City violated the Clean Water Act by discharging pollutants into the receiving waters that exceeded its effluent limitations; (2) the City violated the Act by failing to achieve compliance with the final effluent limitations for Ammonia-Nitrogen no later than three years after the effective date of the permit; and (3) the City violated its NPDES permit and that Act by failing to operate and maintain the facilities and systems of treatment at its wastewater treatment plant. The 347 City Council Minutes January 11, 2005 Page 3 of 4 348 City has been working for well over a year on this. The fines could be as high as $23,000 per day. City staff, the City Attorney and legal counsel in Austin have negotiated the civil penalty down to $75,000. Under the terms of the Consent Decree the City is required to comply with the Clean Water Act and terms of its TPDES permit and prepare and implement a POTVV management operation and preventive maintenance program within 3 months of the Consent Decree to be approved by EPA. The compliance time will be for 18 months. The City also negotiated an act of God clause and other factors that did not relate to our plant. There was no public comment. Mayor Anderson stated this all happened before the new wastewater treatment plant. Since 2003, when the plant came on line, the City has met every requirement and has had good reports. Mayor Anderson moved to authorize payment regarding EPA Consent Decree. The motion was duly seconded by.Councilmember Nash and carried by unanimous vote. Mr. Ingham presented for consideration Ordinance No 05-3439, an Ordinance of the City of Plainview amending Ordinance No. 04-3425 to appropriate funds from the Water & Sewer Fund Reserves to account 019-03-6572; cumulativeness clause; conflicts clause; severability clause; effective date. Mr. Ingham stated the-'City had not budgeted funds for the penalty in the EPA Consent Decree. This ordinance authorizes funds to be approved to pay $75,000 penalty from reserves. Councilmember TJpton moved to adopt Ordinance No. 05-3439 upon first reading. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. Mayor Anderson moved to go into a closed meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee. [Tex. Gov't. Code Section 551.074]. City Attorney. The motion was duly seconded by Councilmember Shanes and carried by unanimous vote. Mayor Anderson recessed the meeting at 7:47 p.m. The Council resumed in open session at 8:22 p.m. Mayor Anderson announced that no action would be taken at this time regarding City Attorney. Mayor Anderson moved to adjourn the meeting. The motion was duly seconded by Councilmember Shanes and'carried by unanimous vote. There being no further business, Mayor Anderson adjourned the meeting at 8:24 p.m. Belinda Hinojosa City Secretary City Council Minutes January11,2005 Page 4 of 4