City Council Minutes

REGULAR COUNCIL MEETING DECEMBER 18, 2007

1. CALL TO ORDER: Mayor Robin S. Border called the regular meeting of the City of Hilshire Village to order at 7:00 P M at 8301 Westview, Houston, Texas 77055.

    1.2. Present were Council members Brian Henault, John Denninger, Shannon Whiting, Zandra Anderson and Mayor Pro-tem Connie Castro. Also present were David Olson of Olson and Olson, Attorneys for the City, and Harry Walker, P. E., and Efrain Him, P.E., of Claunch & Millers, Inc., (CMI) Engineers for the City.

    1.3. Approval of minutes of Regular Meeting of November 20, 2007: It was moved by Whiting, seconded by Castro that minutes be approved with the following changes: Section 4.2., Second Paragraph, motion made by “Whiting”; change “representatives” to “representation”. Motion carried unanimously.

2. CITIZENS COMMENTS/ PUBLIC FORUM: None. Then Mayor Border asked
Ted Lazarides, the Building Official, to introduce Joe Garrett. Mr. Garrett will be an additional inspector for Hilshire Village. Charlie Ehrlund had asked to be relieved of some of his duties as he had so many inspections for other municipalities.

3. REPORTS TO COUNCIL:

    3.1. Police: Detective Gary Finkelman distributed his written report to Council and citizens. Totals calls for service numbered 144, including 26 alarm calls. There were more calls this month that were originated by officers on routine patrol, i.e. suspicious vehicles, etc. Thirty-five traffic tickets were issued, including 11 warnings. There was one burglary of a motor vehicle on Hilshire Green. Finkelman reminded citizens to call for a “vacation watch” if going out of town. There was a major accident in the 8300 block Westview, which was handled by City of Houston.

    3.2. Fire Commissioner: David Labbe’, Alternate Fire Commissioner, was not present but sent his written report of the Fire Commission meeting. There were three ambulance calls, one service call and one automatic alarm. Presentations were heard from insurance providers, and the Fire Commission voted to select Key and Piskuran Insurance Agency for workers compensation and Frank Comiskey for property/casualty. The fire station recently had repairs to the foundation, and in so doing discovered a plumbing leak due to soil movement. Bids will be taken for this repair. A garage door was damaged when a malfunction occurred in the automatic door closer and cost to repair was $4393. The above amounts together with expenses in the building maintenance expenses made it necessary for the Commission to vote to use money from the Contingency Fund.



    3.3. Treasurer: Tricia Fowler, Treasurer, was absent. Annual audit is being done now and final figures will be presented to Council upon completion of adjusting entries.

             3.4. Engineers: Efrain Him of CMI gave his report. The Ridgeley Drive Reconstruction Project (aka Package 1-sewer rehabilitation). PM Construction, Contractor, transmitted copies of project schedule, and contact information to the City and Whiting, Chair of the Ridgeley Citizens committee. They then televised inspection of sanitary sewers to CMI and CMI made recommendations on December 11th to PM Construction. Construction work begins December 17th. Based on schedule, work should be completed within four weeks.

TEK Holdings (the default contractor) of 1209 Pine Chase outfall improvements had sent a letter to the City and Fort Bend District Attorney requesting payment for materials and work. This item will be addressed tonight in Executive Session.

Restoration work bids were received as per request of Council meeting of November. There were three bids received. CMI also requested proposals from licensed irrigators to replace crepe myrtle, elm tree, asian jasmine ground cover and drain inlet. Total bid from
Marco’s Lawn was $4,022.55 and Jovi Landscapes was $5,744.00. F & G bid of $1,785.00 was for sprinkler system repair only. (See Item under Addendum to Agenda for discussion and action).

1202 Ridgeley/8014 Burkhart Drainage issues: Residents at 1202 Ridgeley and 8010 Burkhart had a drainage complaint that CMI investigated. The ditch and drain inlet appeared to be 2 inches higher than the ditch invert elevation. This causes the water to pond along a 20-foot section. Pictures were taken and submitted with this report. It was
suggested that perhaps a hole could be cut from the top, or a small hole on the side, but this would probably get blocked over a period of time. CMI recommends the drain inlet be lowered.

1225 Ridgeley Drive Flooding/Drainage issues: CMI recommends “that a 36-inch long x 8-inch high throat be saw cut on the north side of the existing drain inlet at 1225 Ridgeley and ditch be regraded and lowered to the proposed inlet throat to allow leaves to flow into the inlet.”

Mayor Border asked CMI about the forthcoming Ridgeley drainage and paving project by AAA Asphalt. CMI said it would be take approximately nine months to complete. It might be possible the drainage issues on Ridgeley and Burkhart in question could be addressed at time of this paving construction project.

    3.5: Building Official: Ted Lazarides, Building Official, had previously distributed his written report. There were five permits issued and 18 inspection requests. A certificate should be issued in December for Fink residence at 1134 Glourie. There was a drainage problem that appears to be resolved. He had introduced Joe Garrett as another inspector he would use. Charlie Ehrlund had requested a reduction of his inspection work due to increasing commitments at other municipalities. Ehrlund will continue to inspect for Hilshire Village as needed. Plan review requests by citizens will be conducted in Council Room only.

    3.6. Mayor and Council: Mayor Border had given Council copy of claims letter from TEK Holdings arising from their abandonment of work on 1209 Pine Chase outfall project. Whiting would discuss Bridle Spur under Section 4.1. Anderson said that it appeared that all tree trimming by Centerpoint had been completed.

    3.7. HVCEFFC (Conduit bonds): Balance of bank account on November 30 is $55,264.63.

    3.8. City Secretary: A list of citizens concerns submitted to Council. The October/November billings went out; some water service deposits were returned. Laura Payton, Tax Collector, has begun depositing anticipation note debt proceeds from property tax collection. There were three new move-ins: Pine Chase, Anadell, and Friar creek. Annual audit has begun and office has been busy supplying data, due to anticipation note and new Metro funds.

ADDENDUM TO AGENDA posted December 14, 2007 at 1:30 P M.

4. CONSIDERATION AND POSSIBLE ACTION:

4A. Authorizing approval of restoration work for the sprinkler, tree, landscaping and drainage for 1209 Pine Chase outfall project (CMI): Bids had been taken by CMI as reported in Engineers Report. TEK Holdings (the default contractor) felt that City had breached the contract. Marco’s Lawn and Landscape was low bidder for $4,022.55. This included:

    Sprinkler system repair        $1,650.00
    One 45 gal crepe myrtle             315.00
    One 100 gal. Elm tree                               900.00
    250 s.f. jasmine ground cover                  925.00
            One 8-inch drain & drain grate                232.55
                                                                          =======
                                                                         $4,022.55
Mayor Border asked for a motion to approve restoration. Henault made that motion, and Anderson seconded it. Discussion followed. Denninger said previous owner had installed the drain. Denninger felt that the elm tree should not be replaced as it was on City easement and Castro agreed. Castro said City did have a damaged tree taken down that was in right-of-way as it might fall on a resident’s house. We could request a smaller size tree. Castro wished to limit cost of elm and crepe myrtle to no more than $400 each. Anderson said if it was represented to present owner (Samuels) that they would be replaced then we should replace them. Henault amended his motion to limit cost of tree replacement to no more than $400 each, seconded by Anderson. A vote was taken, and Henault, Castro, Denninger, Anderson were for restoration with the limit and Whiting opposed. Motion carried 4-1.

    4.1. Adopting a time limit for Bridle Spur residents to sign and present to the City each property owner’s easement dedication associated with water, sewer and roadway improvements. It was moved by Whiting, seconded by Anderson that a time limit be imposed. Mrs. Hazel Denson’s will (1317 Bridle Spur) was going to be probated soon, and that property belonged to one of the three remaining residents who had not filed their easement dedications. Others were waiting for mortgage company subordinations. Whiting reminded Council that money had been set aside for Bridle Spur improvements in the budget. Time limit should be July 15, 2008 when budget review would commence. Whiting amended her motion for time limit to be July 15, 2008, seconded by Henault. Mayor asked for vote. All were opposed to setting a time limit.
No time limit set.

    4.2. Authorizing expenditures to perform more rigorous background checks on City contractors than is currently the practice of the City engineers. Discussion shall involve the value of additional checking, the extent to which Council wishes to take the process and which entities we entrust the review. It was moved by Henault, seconded by Anderson that a review be made. The Mayor pointed out that part of the job he does in refineries requires a ten year background check (due to Homeland Security measures). The Spring Valley police could run some background checks, and it might be free. If Olson and Olson were to do it, it would require a fee. Anderson says normally a company should be qualified to know there are no lawsuits. A “state wide search is less than $100.” Harry Walker says in his thirty years experience in construction engineering no background checks are done in that depth. The only entity that does criminal background is the airports for security reasons. The bonding company would verify financial records for performance bonds so that City is protected that way. Henault wanted to know who would analyze it. David Olson of O & O said “there is a provision in state law” for protection. You do not have to have a direct policy. It was moved by Anderson that background check expenditures be authorized. A vote was taken, with Castro, Henault, Whiting, and Denninger against expenditures and Anderson in favor. No expenditures authorized.

    4.3. See this item after Executive Session, page 5.

    4.4. Authorizing the Mayor to execute a new trash collection contract effective on 1 January, 2008 reducing the number of collection days from twice per week to once per week (preferably Monday), increasing the number of containers from 8 to unlimited at back door, increasing number of curbside yard waste containers from 10 to unlimited (providing that these containers originate with the homeowner), and reducing the trash fee from $17.35 to $14.96. The recycle fee will remain at $1.65 per household. The new total cost per household will be reduced from $19.00 to $16.61. The Mayor had received many calls from citizens saying they wanted more than one pick-up per week, even if they had to pay extra for it. There were comments about changing date of pick up. The Mayor asked for a motion. Castro moved that one day pick up be used, seconded by Anderson. Castro, Henault, Denninger and Whiting were against one pick up per week; Anderson was in favor of one pick up. Motion carried 4-1 that Council was opposed to once per week trash pick up.

This trash collection contract will be presented in January meeting.

MAYOR CALLED FOR RECESS AT 8:20 P M, WITH EXECUTIVE SESSION TO BEGIN AT 8:30 P M.

EXECUIVE SESSION ENDED AT 10:37 P M

REGULAR COUNCIL MEETING RESUMED AT 10:40 P M.
Out of order of agenda
    4.3. Authorizing the Mayor to administer possible staff changes, including but not limited to job duties, work hours, time worked and salaries of City Secretary and Assistant City Secretary (Border): Henault so moved. Denninger wanted motion to state “that the Mayor be authorized to administer job duties and merit increases of the City Secretary and Assistant City Secretary.” This amendment was seconded by Anderson, and motion carried unanimously.

5. DISCUSSION: None

6. CONSENT AGENDA: Henault moved that consent agenda be approved as presented, seconded by Castro. Denninger said remove check for Border for reimbursement. The Mayor asked for vote if everyone in favor of consent agenda less Mayor’s expense, and motion carried 4-1 with Anderson opposed. Consent agenda approved less Mayor’s reimbursement. Mayor’s reimbursements were discussed. Denninger objected that 90% of expenses was phone usage. It could not be proved. The Mayor asked if all approved reimbursement payment. All approved except Denninger.   Motion carried 4-1 for reimbursement to Mayor,

7. MAYOR AND COUNCIL COMMENTS: Whiting said she was going to send e-mails to citizens about paving project commencement and it should be posted on website.

8. ADDITIONAL CITIZENS COMMENTS: None

9. ANNOUNCEMENTS: None

10. EXECUTIVE SESSION: See above.

11. ADJOURNMENT: It was moved by Whiting, seconded by Henault that meeting be adjourned. Meeting adjourned at 10:50 P M.

                            ____________________
                            Robin S. Border, Mayor
ATTEST:

__________________________
Susan Blevins, Assistant City Secretary