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HomeMy WebLinkAbout07 1220 min158 The Cit~ Council met on December 20, 2007, at the Plainview Convention Center, 2902 West 4t Street, Plainview, Texas. The agenda for this meeting was posted in City Hall at 11:00 a.m. on December 17, 2007. Mayor John C. Anderson presided. Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner-District 2, Belinda Pena-District 3, John N. Bertsch-District 4, Wendell Dunlap-District 6 and Roland Nash-District 7. Councilmember Ron Trusler-District 5 was absent. Staff members present were: Greg Ingham-City Manager, Jack Keller-Budget Manager, Will Mull-Police Chief, Dale Simpson-Civil Service Director, John Castro- Director of Community Services, John Berry-Director of Public Works and Belinda Hinojosa-City Secretary. News Media Representative: Richard Orr-Plainview Daily Herald Councilmember Belinda Pena delivered the invocation. Councilmember Ron Trusler was granted an excused absence. Mayor Anderson presented for consideration upon second reading Ordinance No. 07- 3493, an Ordinance Creating Chapter 17, Article III, Juvenile Curfews of the Code of Ordinances of the City of Plainview, Texas Defining Terms; Providing Curfew Hours for Juveniles; Offenses and Defenses for Juveniles; Penalty for Violation of the Curfew Ordinance by Juveniles, their Parents or Guardians, and Owners, Operators and Employees of Business Establishments of a Fine Not to Exceed $500; Repealer; Severability Clause; Cumulative- Ness Clause; Conflicts Clause; Effective Date; and Providing for Publication and Enforcement of such Ordinance. Since this was the second of two readings, the Council chose to forego the staff briefing and asked for public comment. There was no public comment. Councilmember Tipton moved to approve Ordinance No. 07-3493 upon second reading. The motion was duly seconded by Councilmember Bertsch and carried by unanimous vote. Mayor Anderson presented for consideration upon second reading Ordinance No. 07- 3494, an Ordinance of the City Council of the City of Plainview, Texas, ("City") Approving A Settlement Agreement Between the City and Atmos Energy Corp., West Texas Division ("Atmos West Texas" or "The Company") With Regard to the Company's Proposal to Implement Interim GRIP Rate Adjustments For Gas Utility Investment in 2006 Filed on July 27, 2007; Adopting a Tariff That Reflects an Interim GRIP Rate Adjustment Consistent With the Settlement Agreement; Adopting a Savings Clause; Determining That This Ordinance Was Passed in Accordance With the Requirements of the Texas Open Meetings Act; Declaring An Effective Date; And Requiring Delivery of This Ordinance to the Company and Legal Counsel. Since this was the second of two readings, the Council chose to forego the staff briefing and asked for public comment. There was no public comment. Councilmember Dunlap moved to approve Ordinance No. 07-3494 upon second reading. The motion was duly seconded by Councilmember Pena and carried by unanimous vote. Mayor Anderson presented for consideration upon second reading Ordinance No. 07- 3495, an Ordinance Granting to Atmos Energy Corporation, West Texas Division, a Texas and Virginia Corporation, its Successors and Assigns, a Franchise to Furnish, Transport and Supply Gas to the General Public in the City of Plainview, Hale County, Texas, For the Transporting, Delivery, Sale, and Distribution of Gas In, Out Of, and City Council Minutes December 20, 2007 Page 1 of 3 159 Through Said Municipality for all Purposes; Providing for the Payment of a Fee or Charge for the Use of the Streets, Alleys, and Public Ways; Repealing all Previous Atmos Energy Gas Franchise Ordinances; Providing That it Shall be in Lieu of Other Fees and Charges, Excepting Ad Valorem Taxes; Prescribing the Terms, Conditions, Obligations and Limitations Under Which Such Franchise Shall be Exercised; a Most Favored Nations Clause, and a Severability Clause; and Providing an Effective Date. Since this was the second of two readings, the Council chose to forego the staff briefing and asked for public comment. There was no public comment. Councilmember Nash moved to approve Ordinance No. 07-3495 upon second reading. The motion was duly seconded by Councilmember Waggoner. Councilmember Bertsch asked for the definition of "Most Favored Clause". Mr. Ingham stated that if someone gets a better deal, we are entitled to have that part of our franchise changed. Mayor Anderson asked for a vote on the matter. The motion carried unanimously. John Castro, Director of Community Services presented for consideration to approve the appointment of Dr. Bryan Peeler to serve as the Health Authority for the Plainview/ Hale County Health Department in accordance with Chapter 85, Subchapter A, Rule §85.1(b)(2) of the Texas Administrative Code for a period of two (2) years beginning January 1, 2008. He stated the health department works under the license of the health authority. He stated this appointment should be made every two years and he had failed to get this reappointed, but such would be on track to reappoint every two years. Mayor Anderson asked for public comment. There was no public comment. Councilmember Tipton moved to appoint Dr. Bryan Peeler to serve as the Health Authority. The motion was duly seconded by Councilmember Dunlap. Councilmember Waggoner asked if someone else wanted to serve if they could get a chance and if Dr. Turner had quit and if there was a problem. Mr. Castro stated it was decided not to reappoint Dr. Turner. Councilmember Tipton asked what type of job Dr. Peeler does. He was advised that the following are a list of the basic duties of the Health Authority: • Review of charts (STD & consultations) • Review of Jail clients charts (Jail sick call clinic) • Consultations with School nurses, Jailers, Mayor, City Manager, Personnel Specialist • Review of emergency response duties • Maintains communications with Region 1, Texas Department of State Health Services • Annually reviews all policy, procedures and protocols used at the Health Department • Signs for all rabies vaccine for ACO • Consults with health department staff on all exposures. • Health cards issued under his name • RN & LVN's work under his license City Council Minutes December 20, 2007 Page 2 of 3 160 • Supervision of Vaccine for Children Program (immunizations ordered under his license) • Controls the allocation and distribution of vaccine under the VFC program • Authorizes vaccine for all county and city employees HIPAA (Health Insurance Portability Accountability Act) has brought some changes to the manner in which these matters are handled. Mayor Anderson asked for a vote on the matter. Mayor Anderson, Councilmember Tipton, Pena, Bertsch, Dunlap and Nash voted "for" the motion. Councilmember Waggoner voted "against" the motion. The motion carried. There being no further business, Mayor Anderson adjourned the meeting at 12:05 p.m. Belinda Hinojosa City Secretary City Council Minutes December 20, 2007 Page 3 of 3