City Council Minutes

REGULAR MEETING NOVEMBER 20, 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. The public hearing for amending the code of ordinances of the City of Hilshire Village by adding a new Article 4.700 to continue to tax certain goods-in-transit was held at 6:30
P M previously. Invocation was given by Connie Castro.

            1.2. Present were Council members Brian Henault, Zandra Anderson, Shannon Whiting and Mayor Pro-tem Connie Castro. Absent was Council member John Denninger. Also present were Mario Dell’Osso and David Olson of Olson and Olson, Attorneys for the City and Efraim Him, P.E. of Claunch & Miller, Inc. (CMI) Engineers for the City.

            1.3. Approval of minutes of Regular Meeting of October 16, 2007: Additions/changes were made as follows: Page 3, first paragraph: Re: Bridle Spur: “The easement would be 30 foot right-of-way with a ten foot utility easement on each side of road.” Same paragraph, trash collection should be $14.96 per customer. In paragraph 4.1., motion carried 4-1. On page 6, in paragraph 4.9, motion failed 3-2. It was moved by Henault, seconded by Whiting that minutes be approved with changes, and motion carried unanimously.

Special Meeting of October 30, 2007: It was moved by Anderson, seconded by Castro that minutes be approved, and motion carried with Castro, Henault and Whiting approving and Anderson abstained.

Special Meeting of November 7, 2007: It was moved by Castro, seconded by Anderson that minutes be approved, and motion carried unanimously.

2. CITIZENS COMMENTS/PUBLIC FORUM: Mike Weltzien (1107 Glourie) reported that a carpenter he was using for kitchen cabinetry was cited by Spring Valley Police Department for working before 9 AM on Saturday. Joe Teas (1202 Ridgeley) said he would like back-door pick-up for lawn bags. John Cooper (1214 Ridgeley) would like back door pick up. Steve Samuel (1209 Pine Chase Drive) is still concerned about the completion of the damage repairs to his property after Pine Chase outfall contractor defaulted on his contract. Robert Belt (1202 Glourie) said he had served as Election Judge for November state election at Terrace Methodist Church. He had not realized the work involved. Hilshire Village had a turn-out of 28.55%. David McDuffie (1335 Friarcreek) said one garbage pick-up per week was not enough, and he would like back-door service. He said his utility easement was five feet total and NOT five feet each side. Trees can only be trimmed in easement.

3. REPORTS TO COUNCIL:

            3.1. Police: Detective Gary Finkelman distributed his written report to Council and citizens. Totals calls for service numbered 55, including 12 alarm calls. There was one burglary of an unlocked motor vehicle on Wirt Road and one assault. It was a domestic disturbance call but no charges were filed. There were seven municipal tickets issued.

            3.2. Fire Commissioner: Tom Archer, Fire Commissioner, distributed his written report. Fire Commission had met the previous night. Hilshire Village had three calls in October, with a total of 34 year to date. Fire Department is under budget 5.1%.
A procedures audit was conducted and score was 9 to 9.5 out of 10. Insurance Co-op picked Aetna for their insurance coverage for 2008. Chief Poirier spoke of foundation repairs needed for back building. Software update was approved by Commissioners.

            3.3. Treasurer: Tricia Fowler, Treasurer, said that Peachtree 2008 software has been installed, and she is in process of reviewing accounts for the yearly audit. General Fund reflects $114,579.43 in revenues and $54,416.97 in expenses for October 2007.

            3.4. Engineers Report: Efrain Him of CMI discussed his report. Sanitary sewer rehabilitation (Package 1) (PM Construction Company) is scheduled to commence construction December 3rd. Lift station construction (Metro City) is scheduled to commence November 26th. Paving and drainage improvements, (Package 3), drainage bids were received November 15th. The 1209 Pine Chase outfall work was completed.
Flooding and drainage issues were investigated for 1201 Pine Chase and 1225 Ridgeley.

            3.5. Building Official: Ted Lazarides, Building Official, was not present but sent his written report. There were 39 inspections in October. There were numerous letters and phone calls with Grady Farris. The first construction project that will have pre-construction drainage requirements will probably 1225 Pine Chase.

            3.6. Mayor and Council: Border said Metro had sent the $2,236,000 payment for the Ridgeley Drive paving project. He also wanted to thank Detective Finkelman for the frequent visible Police patrols recently. Whiting said seven homeowners had signed dedication letters for Bridle Spur. She said that there should be a time limit imposed for dedication, as it had been 14 months since she became involved with Bridle Spur easement dedications.

            3.7. HVCEFFC: Balance of bank account is $55,054.16

            3.8. City Secretary: Invoices were sent to homeowners for new water meters. The 8006 Anadell resident paid his already. Ridgeley Drive Paving Project bids were received November 15th. A new bank account has been set up for the anticipation note, and Laurie Payton, Tax Collector, will be depositing the anticipation note revenues in this account, which is separate from the tax revenues collected. There was new move-in on Anadell. Burglar alarm renewals were prepared and sent out.

4. CONSIDERATION AND POSSIBLE ACTION:

OUT OF ORDER OF AGENDA:
            4.2. Consideration and possible action on allowing Centerpoint Energy to continue tree work in the utility right-of-way under Centerpoint’s current practices
(Anderson)( Tabled 11/7/07): Tree trimming had been stopped because of the citizens complaints at such “aggressive” trimming on the trees. Questions had arisen as to interpretation as to the wording on the various plats regarding utility easements. Anderson read a letter from Jerel J. Hill, a board certified real estate attorney, addressed to Robert Thweatt of 1213 Archley. It said:

             “ The subdivision plat recorded in Volume 34, page 21 of the Harris County Map Records provides for an aerial easement across lot 59 five feet wide from a plane twenty feet above the ground. It is my opinion that this creates an easement five feet in width, not ten feet wide. HL&P had so construed similar language in my experience. I have been an attorney in the title business since 1979.”

Anderson had met with Scott Doyle of Centerpoint previously. She said topping was not acceptable and that 20 feet down was unacceptable. Mr. Doyle answered various questions that Council asked in regard to their “current practices”. It was moved by Whiting, seconded by Anderson that Centerpoint be allowed to continue. Discussion followed. Whiting then amended the motion to read: Allow Centerpoint Energy to continue tree work in the utility right of way in a less aggressive manner and executed according to Scott Doyle’s representation as presented at the November 20, 2007 meeting. Castro pointed out that if performance is not satisfactory then Hilshire Village could stop Centerpoint again. A vote was taken and Whiting, Anderson, and Castro voted for the amended motion and Henault against. Motion carried 3-1.

MAYOR CALLED FOR A RECESS. Recessed 9:25 P M.
Mayor called meeting to order 9:40 P M.

            4.1. Accepting bid for Ridgeley Drive Project Package 3-Paving and Drainage Improvements(CMI) (Bid opening November 15th): Efrain Him of CMI distributed to Council a summary and recommendation of bids received for this project. Three firms participated in this bidding process. Each bid was checked for mathematical errors, references checked, financial statements reviewed and a qualification statement. The three bids were received:

                        AAA Asphalt Paving, Inc.                     $2,198,998.00
                        D. L. Elliot                                            $2,363,196.00
                        Metro City Construction                       $2,745.922.44
Based on documents provided, CMI recommends that AAA Asphalt Paving, Inc. be awarded the Ridgeley Drive Paving & Drainage Improvement Project (Package 3) for the total base bid of $2,198,998.00. The Mayor asked for a motion. Henault moved AAA Asphalt Paving Inc. be awarded the contract, seconded by Castro. Vote was taken. Henault, Castro, and Whiting for award, and Anderson against. Motion carried 3-1.

            4.3. Approving a treatment for exemption of “goods-in-transit” local tax option. Mayor Border explained that this was for goods brought in and assembled and then shipped out. We do not have such a situation like that in Hilshire Village at present but we might in the future, so it was recommendation that this ordinance be passed. It was moved by Henault, seconded by Anderson that this ordinance be approved, and motion carried unanimously.

            4.4. Authorizing the Mayor to execute a new trash collection contract effective on 1 December 2007 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.

Several citizens had expressed opinion that once a week would be insufficient. Most wanted back door pick-up for appearances sake. Castro opposed lawn debris being placed at curb. Perhaps a fee could be assessed for back door pick up. To prevent other people placing lawn bags from other cities, HV could supply bags. Whiting wants more than one pick up per week. After additional discussion, it was moved by Anderson, seconded by Whiting that this item be tabled. Motion to table carried with Henault opposed. Anderson will verify cost of pick up at back door and report to Council.

            4.5. Authorizing telecom expenses and charges submitted by Mayor (Budgeted amount $1500) (Tabled from October) (Whiting). Whiting had reviewed expenses submitted and presented Council with spread sheet for verification. It was moved by Anderson, seconded by Castro that this expense summary be accepted, and motion carried unanimously.

            4.6. Authorizing purchase of new computer for City Secretary as budgeted
including installation ($1500). It was determined by Henault that a Hewlett Packard basic desktop computer be purchased for approximately $677.00 with software of $338.00. The computer in use at present will not “communicate” with the servers and other equipment. It lacks sufficient memory. It was moved by Whiting, seconded by Henault that purchase be made and motion carried unanimously.

            4.7. Reviewing Investment Policy and accepting Resolution for same (Annual Review): Ordinances require that this policy be reviewed every year. There were no changes. It was moved by Whiting, seconded by Henault that resolution be approved and motion carried unanimously.

            4.8. Approving educational/certification master plan for Assistant City Secretary. A brochure from the Texas Municipal Clerks Certification Program was previously distributed to Council. The certification course takes four years. Membership in the Texas Municipal Clerks is $85.00 per year. Courses, books, test materials, seminars, meals and hotel estimated at $1,695 for 2008, $1,451.,00 for 2009; $1,435.00 for 2010 and $ 1,125,00 for 2011. Grand total estimate is $5,706. It was moved by Henault, seconded by Whiting that this certification plan be approved, and motion carried unanimously.

            4.9. Certifying for Ballot for Ed Heathcott for Harris County Appraisal District.(Resolution): Council had previously nominated Mr. Heathcott for Board of Directors, and he was placed on the ballot. This certification for ballot confirms that Hilshire Village Council votes for Heathcott. It was moved by Henault, seconded by Whiting that this resolution/certification be approved, and motion carried unanimously.

5. DISCUSSION: None

6. CONSENT AGENDA: The amount of $655.00 was thought to be excessive for Illumascape’s work on city hall light fixture work. This item was withdrawn from consent agenda. It was moved by Whiting, seconded by Henault that all be paid with exception of Illumascape, and motion carried unanimously.
7. MAYOR AND COUNCIL COMMENTS: None

8. ADDITIONAL CITIZENS COMMENTS: None

9. ANNOUNCEMENTS: None

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

                                                                                    ____________________
ATTEST:                                                                     Robin S. Border, Mayor

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Claudia Bammel, Secretary