City Council Minutes

REGULAR MEETING AUGUST 21, 2007

1. CALL TO ORDER: Mayor Robin S. Border called the regular meeting of the City of Hilshire Village to order at 7:30 P M at 8301 Westview, Houston, Texas. Invocation was given by Zandra Anderson. Present were Council members Connie Castro, Brian Henault, Zandra Anderson, John Denninger and Shannon Whiting. Also present were Mario Dell’Osso of Olson & Olson, Attorneys for the City and Efrain Him and Harry Walker of Claunch & Miller, Inc., (CMI) Engineers for the City.

Mayor Border presented the minutes of the July 17, 2007, regular meeting. Change to Paragraph 4.8: The new water rate will appear on the “September 2007” billing from City of Houston. The protest for new water rate will be to “TCEQ”. It was moved by Anderson, seconded by Castro that minutes be approved with changes, and motion carried unanimously. The Special Meeting minutes of July 31, 2007 were presented. In Paragraph 2.1. motion was seconded by “Denninger”. In Paragraph 2.2., Whiting wished to add the name of Karen Rogers, Landscape Architect, of M2L Company that attended the Ridgeley Project committee meeting prior to the regular council meeting. It was moved by Whiting, seconded by Castro that minutes be approved with addition, and motion carried unanimously.

2. CITIZENS COMMENTS/PUBLIC FORUM: Bill Bristow (1233 Pine Chase) is in favor of changing the meeting time and he is against a long-time contract with Spring Valley Police Department. Greg Whiting (1319 Pine Chase) felt that an anticipation note listed in 4.4 of the agenda could improve the infrastructure (water, sewer and streets) making Hilshire Village a better place to live and increase property value. Steve Tacconelly (8013 Anadell) wanted to thank Zandra Anderson and John Denninger for their concern of the welfare of Hilshire Village. He wanted Council to put off the vote tonight (for the anticipation note) until all facts are known. Don DeTata (1314 Bridle Spur) delivered a packet to Council that voiced his concerns about additional information for Bridle Spur street dedication. He felt that the city has added on and changed survey requirements and he feels that the cost should be to the City’s account, not private property owners account.

3. REPORTS TO COUNCIL:

3.1 Police : Detective Gary Finkelman distributed his written report to Council and citizens. Total calls for service numbered 53, including 41 miscellaneous and 11 alarm calls. The one arrest was for intoxication at 1 A M at a church. There were four municipal tickets issued.

3.2 Fire Commissioner: Tom Archer, Fire Commissioner, distributed his written report of the August 20th meeting of the Fire Department. An alternative insurance co-op is being investigated, as Bunker Hill, Piney Point and Memorial Village Police decided not to accept the insurance choice this year. Previously the co-op consisted of Bunker Hill, Hedwig, Hunters Creek, Piney Point, Spring Valley, Memorial Village Police, Memorial Village Water Authority and the Village Fire Department. Mike Warner and Associates will do a complete audit at a cost not to exceed $4200 for internal controls. Existing software will be updated to work with Microsoft Systems.

3.3 Treasurer: Tricia Fowler, Treasurer, read the financial statements previously distributed. Year to date actual revenues in General Fund were $669,852.63, with expenses of $660,319.13. The Utility Fund reflected $212,960.25 actual revenues with $226,646.68 in expenses.

3.4 Engineers: Efrain Him, P. E. of CMI discussed his previously written distributed report. Mr. Steve Samuel, property owner, at 1209 Pine Chase, informed CMI that a 24 inch oak tree, located within the city’s drainage easement, was damaged due to construction activities. Mayor Pro-tem Castro visited the site and authorized Flores Tree Company to remove the tree for safety reasons. J&V Utilities redistributed the rip-rap and installed three-inch rocks at outfall. Re-grading and sodding will be done. In regard to Ridgeley Drive Paving and Utilities Project, design has been completed and bids will be opened on August 31st. CMI met with Harris County Flood Control District (HCFC) and they stated no traffic rails necessary for crossing A-North Ridgeley, but CMI is concerned about safety issues and will ask Council for reconsideration. HCFC is requiring an impact analysis for this crossing to evaluate the impact downstream in Spring Branch Creek and Buffalo Bayou

3.5 Building Official: Ted Lazarides, Building Official, read his previously distributed report. He had assisted the homeowner with complying with pool equipment placement at 1229 Ridgeley. He assisted the prospective homeowner with questions regarding office use within the City and met with FEMA representative regarding requirements for elevation certificates on surveys prior to issuing building permits. Regarding drainage approval for 8108 Bromley: this was issued at a time when submission of a drainage plan had to accompany the building plans before a permit was issued. A separate drainage permit was not required. He requested Council to consider expediting drainage permit process for small jobs, as an engineer’s approval would sometimes cost as much as the drainage construction itself.

3.6 Mayor and Council Report: Border: police contract issues for budget consideration: Mayor Border has researched other alternatives for police services, including Harris County Constables and Harris County Sheriffs Department to compare costs with other agencies. Spring Valley Police and Municipal Court Services’ contract last fiscal year was $270,000 and they are contemplating increasing price. Mayor Border is negotiating with this item now.

3.7 HVCEFFC (Conduit Bonds) : Balance in bank account is $54,366.76.

3.8 City Secretary: Construction noise before 9 AM Saturday was addressed. Our permits issued have contractor sign form about construction hours- 7AM to 7PM during weekdays and 9 to 6 on Saturdays and Sundays. Contractor called complainant and apologized. June/July utility billings went out. We had seven new move-ins during June and July.

4. CONSIDERATION AND POSSIBLE ACTION ON:
(Out of order of agenda)
    4.4. Consideration and approval of an Ordinance: (No.605)

AN ORDINANCE authorizing the issuance of “City of Hilshire Village, Texas Tax Anticipation Note, Series 2007”; specifying the terms and features of said Notes, levying a continuing direct annual ad valorem tax for the payment of the principal of and interest on said Notes and resolving other matters in connection therewith:

Mr. Neil Thomas of Fulbright & Jaworski, Attorneys, is representing Hilshire Village as bond counsel. He explained what the passing of the ordinance indicated. If the ordinance is passed, the note would be a seven-year note of $1,000,000 with stated interest and principal of approximately $160,000 paid annually. The ordinance would levy a tax when passed. It would be a “mandamus” action that would pay and force a tax levy. It would promise to satisfy the IRS and would set projects for street, water and sewer. Mr. Joe Morrow of First Southwest Company, investment banker, had put the note out for bids, and the rate ranged from $3.861782 % from JPMorgan Chase to 4.695126% from Wells Fargo Brokerage Services. The account would have to be audited. The market is volatile at present, so the 3.77% interest for a seven year note is a good opportunity. Prices could escalate. Hilshire Village would have three years to spend the $1,000,000. Denninger said he preferred that Hilshire Village get bids, then get the money, and then award the bids. Whiting said it was a good yield. If ordinance passed, it would be sent to Attorney General for approval in about 20 days, then in about 30 days would have $1,000,000 for streets, water, sewer and debt service. Anderson said it was like “getting the cart before the horse” before getting bids.

After further discussion, it was moved by Henault, seconded by Castro that ordinance be passed, and motion carried 4-1, with Anderson voting nay.

       4.1 Authorizing CMI to complete the Pine Chase Outfall Project. (CMI):
As a result of TEK Holdings, the original contractor for this 1205 Pine Chase outfall project defaulting, CMI will have to get bids for completion of this project. CMI distributed a spreadsheet showing these items. It was moved by Whiting, seconded by Anderson that bids be taken, and motion carried unanimously.

Mayor asked for recess at 9:25.P M.
Meeting resumed at 9:35 P M

      4.2 Establishing guidelines and procedures addressing the treatment of obstacles in the Ridgeley drive right-of-way during construction process, and setting a Special City Council Meeting date of 6 Sep 07 to award construction bids. (CMI). It was moved by Whiting, seconded by Castro that special meeting be held on Wednesday. September 5, 2007 at 7 P M and motion carried unanimously. Harry Walker of CMI Council discussed the guidelines and procedures as outlined by CMI. .After Council agrees and before construction commences, letters and “doorhangers” would be distributed to residents impacted. It would list contact names and numbers.

For decorative driveways and sidewalks, CMI recommended that HV pay for plain concrete or asphalt, depending on type of driveway, and if owner wanted a more elaborate driveway, that payment for the upgrade in materials would be made by the homeowner directly to the contractor. This approach allows the homeowner to maintain the type of driveway and sidewalk improvement that they already have, while minimizing the City’s cost. Parallel Parking areas built by the residents within the City’s current ordinance should be grandfathered to the extent if they are to be removed, they not be replaced. Large masonry mailboxes: Mailboxes must be located within the street right of way, so contractor would make an effort to protect them but everyone agreed City would not replace super ornate mail boxes if damaged. Contractor will NOT be responsible for damage to mailboxes. Landscaping improvements: It was agreed that no replacement of landscaping be borne by City. Council agreed that sprinkler systems would not be replaced by City, but capped off instead.

4.3 Adopting an Ordinance permitting driveway & pedestrian access. (Anderson). Anderson said Olson & Olson did not bring paperwork, so Henault voted to postpone, seconded by Anderson that this item be tabled. Motion carried.

      4.4 Awarding the bid for and approving an Ordinance providing for debt repayment of a $1,000,000 Tax Note: Out of order of agenda. See page 3.

       4.5 Establishing an effective date by which time City email addresses will be used for communication. (Henault). Henault said all City Council members should be using the City’s email for its records, and moved that October 1st it should be official, seconded by Whiting. Vote was taken, with Anderson and Denninger opposed, and Castro, Henault and Whiting approved. Motion carried 3-2.

       4.6 Changing the starting time of regular City Council Meetings to 6 o’clock PM. (Henault): After some discussion, it was moved by Henault, seconded by Anderson that regular City Council meetings start at 7:00 P M, and motion carried unanimously. An amendment to the present ordinance (Ordinance 552/ 3/18/03) will be written and published..

       4.7 Amending the definitions for Detached Garages and Accessory Buildings in the City Code (Anderson): Anderson had distributed proposed ordinance changes in bold type requesting a definite amount of distance from a detached garage to the outside wall of the main building and the amount of distance of an accessory building from the main building. Denninger said Ted Lazarides, the building official, had requested this clarification as present ordinance did not specify proximity. Some wanted three feet, others did not agree. Whiting said corner lots had a different application. It was moved by Anderson, seconded by Castro that this item be three feet separation. Whiting was opposed. Motion carried 4-1.   Denninger said if other changes are needed that it be done at the same time at the same public hearing.

Whiting said “do you change an ordinance and then try to hold resident accountable?” Anderson wants this item to go on a future agenda. Anderson felt that it needed a variance hearing.

    4.8. Reviewing the Preliminary City Budget FYE 2008 and setting date for Budget Workshop (Border): Council had received copies of preliminary budget. It was moved by Whiting, second by Anderson that workshop be set for September 5 after Special Meeting closes, and motion carried unanimously. More information may be available by then as to police contract and garbage contract.

    4.9. Setting a new water rate commensurate with COH ( City of Houston) increase effective September 1st.(Henault): It was moved by Henault, seconded by Denninger that water rate be changed to $3.507 per 1000 gallons up to 10,000 gallons, and then $3.51 for over 10,000 gallons usage, increase the sewer charge to $54.30 bi-monthly. The maintenance fee of $20.00 bi-monthly would remain the same. A vote was taken, and motion carried unanimously. The minimum bill for the two month period would then be $109.37.

    4.10. Authorizing the Mayor to execute a three year police contract with Spring Valley and limiting annual cost increases. (Border) This item tabled as no letter received from Spring Valley.

    4.11. Authorizing the Mayor to execute an agreement with Sanderson, Knox and Belt for conducting the Fiscal Year Audit for the City. It was moved by Denninger, seconded by Whiting that the contract be approved, and motion carried unanimously. Contract amount will be $ 7800 for audit of FYE September 30, 2008.

5. DISCUSSION:
    5.1 Selection of ONE member of Board of Directors of Harris County Appraisal District ( December 17th deadline.) This item tabled at this time.

6. CONSENT AGENDA: Disbursements, Invoices, City Operations: It was moved by Henault, seconded by Anderson that consent be approved and motion carried unanimously.

7. MAYOR AND COUNCIL COMMENTS: None

8. ADDITIONAL CITIZENS COMMENTS: Steve Samuel (1209 Pine Chase) was upset about handling of contract for the outfall. CMI had promised certain fulfillments for repairing of damage to his property. Anderson wanted to know if he could write a letter to the City Secretary and list his concerns so City could respond accordingly.

9. ANNOUNCEMENTS: None

10: ADJOURNMENT: It was moved by Henault, seconded by Anderson that meeting be adjourned. Meeting adjourned at 11:35 P M.

                                ____________________
                                Robin S. Border, Mayor

ATTEST:

__________________________
Claudia Bammel, City Secretary