| The City of |
| Hilshire
Village |
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REGULAR MEETING SEPTEMBER 18, 2007 1. CALL TO ORDER: Mayor Robin S. Border called the regular meeting of the City of Hilshire Village to order at 7:15 P M at 8301 Westview, Houston, Texas 77055. Meeting was delayed due to the Public Hearing on the Budget held prior to this meeting. Invocation was given by Connie Castro. 1.2 Present were Council members Connie Castro, Brian Henault, Zandra Anderson, John Denninger and Shannon Whiting. Also present were Mario Dell’Osso of Olson and Olson, Attorneys for the City, and Efrain Him and Harry Walker of Claunch & Miller, Inc., Engineers for the City. 1.3. Approval of Minutes of Regular Meeting of August 21, 2007; Special Meeting of September 5, 2007. See below (After Citizens Comments). OUT OF ORDER OF AGENDA: 2. CITIZENS COMMENTS/Public Forum: Constance Hoffacker (1011 Ridgeley Drive) distributed to Council a request that an exception be made to having an estate sale as she is moving to an apartment and “it would incur severe hardship, financial and physical, to move a sizeable inventory out of her house.” She asked Council to consider an amendment to the ordinances to give every household in the Village a one-time opportunity to conduct an estate sale to be held when vacating the property in case of death, downsizing, medical emergency or other reason at the discretion of the Council and asked that Council make a timely decision as she has to make arrangements soon. Grady Farris (1138 Glourie) said he had repeated flooding problems due to swimming pool construction next door. It should not be permitted to happen again and he wanted a solution. His written statement presented before Council is on file at the office. (Note: Mr. Farris had addressed Council at the special meeting on September 5, 2007 about this problem previously). Council member Anderson read a complaint from Regina Giovannini (1321 Glourie Drive) about construction activity on Sundays, and said code of ethics should have mandated conflict/ relationship disclosures. Mayor Border read letter from Gary Kirby (1225 Ridgeley Drive) who was experiencing flooding on his property. There is an existing catch basin located outside his property on the south side of the brick wall at the corner of Ridgeley and Archley that cannot handle the volume of water which backs water into his yard and into the swimming pool. The drainage ditches on his side of Archley are so overgrown that it re-directs the water. “The problem would not exist if the ditches were re-trenched around the entire Ridgeley/Archley loop.” 1.3. Approval of Minutes: (out of order of agenda) Mayor Border presented the minutes of the regular meeting of August 21, 2007 for approval. Anderson had addition on Page 3, paragraph 4. “Anderson said “we are getting the cart before the horse before getting bids”. Anderson had deletion on page 5 of sentence: “Anderson questioned the Tribble building permit at 8701 Mallie Court. She felt that the City could go back on Tribble.” It was moved by Anderson, seconded by Castro that minutes be approved with changes, and motion carried unanimously. Mayor Border presented the minutes of the Special meeting of September 5, 2007 for approval, and it was moved by Castro, seconded by Whiting that minutes be approved, and motion carried unanimously. 2. Mayor Border asked if there were more CITIZENS COMMENTS: Richard Fink (1310 Bridle Spur) said excavation had been moved at 1238 Glourie and he will facilitate additional drainage. His letter is on file at the office. Don DeTata (1314 Bridle Spur) asked why the price went up on surveying Bridle Spur. It was $1400 in February 2006 and increased to $4500 in 2007. He said survey of entire subdivision did not need to be made. He felt that 1951 plat would suffice. Whiting explained that engineers believed survey should be updated from the original one of 1951 to reflect any changes. 3. REPORTS TO COUNCIL: 3.1. Police: Detective Gary Finkelman distributed his written report to Council and citizens. Total calls for service numbered 57, including 18 alarm calls and 38 miscellaneous. Three municipal tickets were issued. There was one car burglary on Archley. Not included in this report was a burglary of a residence last week on Glourie at about 10:00 A M of a small TV set. A back door had been forced open. Alarm Company called Spring Valley Police eleven minutes later. 3.2. Fire Commissioner: David Labbe, Alternate Fire Commissioner, distributed his written report. The August financial statement shows the department is 5.04% under budget. The new ADP software has been unable to satisfy all requirements the department has. ADP has been unwilling to spend the man hours to modify their software. In response to this, VFD purchased a newer version of Filemaker software to continue the payroll and timekeeping function. “The Commission instructed the Chief to evaluate another software package from Chronos which may be able to take over computer functions being performed by firemen.” VFD has installed updated 911 equipment. The September 11th tribute was well attended and the VFD received good newspaper coverage in the newspapers. 3.3. Treasurer: Trish Fowler, Treasurer, sent her written report. Year to date revenues for General Fund were $745,088.22, with expenses of $837,688.74. In the Utility Fund year to date revenues were $212,850.07, with expenses of $245,870.74. 3.4. Engineers Report: Efrain Him of CMI discussed his previously written report. In regard to 1209 Pine Chase outfall improvements, CMI performed a substantial completion inspection on August 21st. A final completion walkthrough was done on September 13, 2007, with a punch list. Most of these items have been corrected or will be before final payment. Ridgeley Drive Paving and Utilities re-bids will be discussed at 4.2. Section below. As requested by the Mayor, CMI is currently evaluating the east ditch of 1100 block on Glourie and Terrace Methodist Church back ditch. CMI performed limited topographic surveying around these areas and will report to Council. (See 4.1 below.) 3.5. Building Official: Ted Lazarides, Building Official, read his previously distributed report, with permit log and inspection report are attached. He had received several letters from Grady Farris regarding drainage problems at his home. He had made two separate site visits to 1138 Glourie on the 2nd and 9th of August. “I will ensure the drainage system to be installed at 1138 Glourie accommodates runoff from 1134 Glourie and I will not issue a Certificate of Occupancy unless the drainage issue is resolved. I trust Council understands my resolve to remedy the flooding situation better than Mr. Farris.” Mr. Lazarides says he is reluctant to request new ordinances but because of the above problem, he suggests that Council consider implementing an ordinance used that other municipalities currently have regarding drainage during construction. The intent of such ordinance is to preclude flooding problems by requiring the builders to install temporary systems prior to construction. 3.6. Mayor and Council Report: None 3.7. HVFCEFFC (Conduit Bonds): Bank balance as of August 31, 2007 is $54,604.06. 3.8. City Secretary: See list of permits and inspections issued under Building Official report. Mr. Kahanek has ordered defective water meters replaced at 1222 Ridgeley, 8210 Mallie Court and #2 Hickory Shadows. There was one new move-in at Hickory Shadows. Notices about budget hearing and tax rates have been prepared and will be put on website as well as being advertised. 4. CONSIDERATION AND POSSIBLE ACTION: 4.1. Authorizing the use of Metro funds for the realignment of the east ditch along approximately 500 feet of the 1100 block of Glourie and replacing one driveway culvert at an estimated total cost of less than $15K. Efrain Him (CMI) said at the special meeting this item was tabled because he wanted to look at Terrace Methodist Church drainage flow. He had presented at that time a proposal for routing the flow at a cost of $10,855, but upon review of the different properties involved, CMI believed best and cheapest solution would be re-route to north for an estimated amount of $5,435. Whiting said that would be a “gravity grade ditch”. It was moved by Denninger, seconded by Whiting that this be approved and vote was taken. Motion passed 4-1 with Henault opposed. 4.2. Authorizing CMI to rebid Ridgeley Rehabilitation project. The only bid received was presented at Special Meeting of September 5, 2007 and rejected and tabled for later action. It was moved by Whiting, seconded by Castro that Ridgeley Drive Rehabilitation project be re-bid, and motion carried unanimously. The Mayor said we have options in the re-bidding package and recommendations by CMI. We can split it, trim it, and bid them any way we think will be beneficial to the City. We will take a break and after the break Harry Walker will give his recommendations. RECESS AT 8:45 P M RESUME MEETING AT 9:00 P M. Harry Walker (CMI) had previously presented Council with re-packaging recommendations. He recommended three separate construction packages: (1) Sanitary sewer rehabilitation (pipe bursting) - this package would include all of the specialty work for sewer rehabilitation. (2) Utility package including lift station reconstruction, sanitary force main, and water line replacement. (3) Paving and Drainage Package-including all drainage and culvert work, all paving work and certain limited utility items. With three separate construction contracts, it will be necessary to control the construction sequence. He recommends that the projects be bid separately during October and November with the sanitary sewer rehab package being advertised immediately with a bid opening prior to the October 16th regular council meeting. The utility package should be approximately two weeks after the sanitary sewer rehab package, and the paving and drainage package would be opened prior to the November regular meeting (November 30). A special meeting may be needed for the award of the utility package. This schedule allows the three projects to begin approximately 30 days apart and have all bids received and awarded prior to the start of the holiday season. If the bid dates fall between Thanksgiving and Christmas, it will be difficult to attract bidders. Council reviewed the bid packages as presented by CMI as follows and made the following approvals: Sanitary Sewer Rehab Package: No reductions in the scope of work. If necessary to reduce the scope of work, changes could be done by Change Order. Utility Package: c, d, and e can be reduced by Change Order if necessary Water: a. Rejected b. Replace the portions of the existing two-inch lines on Mallie and Burkhart that are removed for the channel crossings with 6-inch lines as far as needed for fire protection, and 4-inch to the right of way. c. Delete the proposed interconnect between the 12-inch and 6-inch lines on Pine Chase. d. Delete the proposed 10-inch water line on Bromley. e. Delete the proposed water line replacement on Ridgeley between Guinea and Wirt Lift station: No reductions are proposed, due to the nature of work. Force Main: Delete the replacement of the 6-inch force main from the lift station to the City of Huston discharge point-by Change Order. Paving and Drainage Package: Item 3 and 4 by change order if needed 1) Reduce the length of driveway replacement to only the area needed for the driveway culvert replacement and to establish a standard driveway grade based on the new pavement elevation-prior to bidding. 2) Replace only the portions of the paving and drainage at Mallie and Burkhart that are affected by the construction of the channel crossings, prior to bidding 3) Delete the proposed headwalls on Channel Crossings B, C and D and substitute additional pipe length and 3/1 sloped end sections, prior to bidding. 4) Delete the paving and drainage improvements on Ridgeley between Guinea and Wirt, by Change Order. Landscaping and Architectural Enhancements: Council says to place a Hold on bidding 1) Delete all landscape enhancements and substitute a Cash Allowance for a specified amount for implementation of a landscaping plan, prior to bidding. 2) Delete tree replacement from the project; and implement tree replacement through other sources by Change Order. It was moved by Denninger, seconded by Whiting that all three packages go out for bids, with landscaping later. Vote was taken, and motion carried 4-1, with Anderson opposed. 4.3. Authorizing per homeowners request that the City pay for incremental surveying cost for utility right of way for Bridle Spur Lane to locate public utilities. (Whiting): Whiting said she did not have enough information, and made motion to table. Castro seconded the motion, and motion to table passed. OUT OF ORDER OF AGENDA: 4.11. Authorizing the Mayor to execute a three-year police contract with Spring Valley Village and limiting annual increases. This attachment was an amendment to original interlocal cooperation agreement of December 31, 1987, listing the changes. Council was not furnished a copy of this agreement. Mario Dell’Osso of Olson & Olson apologized for omission. Dell’Osso suggested “vote on it, subject to changes.” The primary change was the fee of $282,561.00 for 2007-08 fiscal year; $295,558.81 for 2008-09; and $309.154.51 for FYE 2009-10. Anderson made motion to approve contract subject to changes, seconded by Denninger. Vote was taken, and motion carried 3-2, with Henault and Whiting opposed. Dell’ Osso will mail Council the original contract for review and it can be changed at next meeting if necessary. 4.12. (a) Amend the budget for the fiscal year ending September 30, 2007, for balance purposes: Dell’Osso furnished Council with an ordinance that provided for transfers of certain funds as an amendment to budget: These transfers would reflect actual revenues and expenses to better assist preparation of next year’s budget. It would not be an increase in budget. AN ORDINANCE AMENDING CITY OF HILSHIRE VILLAGE, TEXAS ORDINANCE No____PASSED AND APPROVED _________, SAME BEING AN ORDINANCE APPROVING AND ADOPTING THE CITY’S GENERAL BUDGET FOR THE FISCAL YEAR 2006-2007, BY APPROVING BUDGET AMENDMENT No.1 to THE ORIGINAL GENERAL BUDGET OF THE CITY OF HILSHIRE VILAGE FOR THE FISCAL YEAR 2006-2007; PROVIDING FOR SUPPLEMENTAL APPROPRIATION AND/OR TRANSFER OF CERTAIN FUNDS; PROVIDING FOR SEVERABILITY AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT. Trish Fowler, Treasurer, is making adjustments to various accounts to reflect these changes, and the changes will be filed at Harris County with the ordinance. It was moved by Denninger, seconded by Whiting, and motion passed unanimously. 4.12 (b) Approval of Budget for the fiscal year October 1, 2007 –September 30, 2008. Mayor Border reviewed the budget figures with Council as he had presented. Council made suggestions as to changes. One change included furnishing a phone for Mayor that City would pay for and transfer to next Mayor. Border said that what we pass tonight may have to be changed in October regarding property taxes. Total budget for General Fund was $674,861. Total Budget for Utility Fund was $1,489,965, including transfer from anticipation note of $1,000,000 for water, sewer repairs and upgrades. Budget will be posted on website and on file in office, and attached to these minutes for record. It was moved by Whiting, seconded by Henault that budget be approved as changed and motion carried unanimously. 4.13. Approval of the Hilshire Village Civic Club’s request for a limited street blockage of 1200 Archley Drive on Wednesday October 31st from 5PM to 8 PM for a Children’s Event. Traffic cones furnished by Spring Valley Police to be placed by HVCC and removed by HVCC. (April Hill). It was moved by Whiting, seconded by Castro that this request be granted, and motion carried unanimously. 4.14. Requesting that the Board of Adjustment review the issue of detaching the garage an inch or minute amount as is sought by land owner at 8201 Mallie Court. (Anderson): Dell’Osso had written a letter on June 22, 2007, addressing a number of items regarding the Tribble property at the June 19th Council meeting regarding garage and setbacks. The letter stated the Council “acknowledged these were zoning matters, and that review of them, if any, would be through the Board of Adjustment. To avoid any misconception, however, the Council’s discussing them does not place them before the Board for consideration. The Board only has authority over such zoning matters if an appeal is filed within a reasonable time, and as provided by the Rules of the Board.” The time line is 45 days from date of decision of the building official. The timing is not right. It was moved by Henault, seconded by Whiting that request not be done, and vote taken. Motion carried 4-1 with Anderson abstaining. MAYOR BORDER THEN CALLED FOR A RECESS AT 10:35 P M. MEETING RESUMED AT 10:45 P M. 4.4. Amending the Procedure for Burglar Alarm Registration and Change of Fees received from City of Spring Valley Village for review and possible future action: Spring Valley Police Department got a new software program and is initiating a new procedure for burglar alarm registration. In November 2007, the “old” registration form will be mailed to alarm holders and asked to send in changes ONLY. In prior years, the Police Department required NEW forms every year. All alarms renew on a calendar year of January 1st. In addition, Spring Valley had included their new ordinance specifying a change in fees at Spring Valley. If the residents or businesses that do not complete the renewal permit and pay the renewal fee by January 31st they will have their permits revoked and be so notified by letter. Should they then register their alarm, it will be considered an original registration and the fee for new registration applies. After some discussion, Henault moved that new procedure be adopted, and fee for registration for businesses be changed to $50.00 and $25.00 for residences, with $10.00 renewal for residences and $25.00 for businesses. This motion was seconded by Whiting. A vote was taken, and motion carried unanimously. 4.5. Contract with Spring Branch Independent School District to collect ad valorem taxes (2 year contract). $1,200 each year). It was moved by Denninger, seconded by Henault that contract be approved, and motion passed unanimously. 4.6. Authorizing the addition of a fee to the Utility bill (not yet determined) to underwrite Trash collection and/or the establishment of an ongoing Utility Fund for capital projects. As information is still being collected from other trash companies, Anderson moved this item be tabled till we get a written proposal from present trash company (Royal Disposal Company) and compare it with other companies. Whiting seconded and motion carried to table it. 4.7. Authorization of expenditure of $100 to the Chapelwood Foundation for a Scholarship Fund to be set up as a memoriam to Bunker Hill Mayor Bill Marshall: Mr. Marshall had died last week from cancer, and Mayor Border expressed his wish for a memoriam. It was moved by Anderson that such a fund be established, but there was NO second, so motion failed. 4.8 Nominating a Board of Directors Member to Harris County Appraisal District (tabled from August. Harris County Appraisal District sent a memorandum to the City regarding appraisal district members. Six members serve two-year terms and all of the members’ terms expire December 31, 2007. Each city may nominate one member for a two year term beginning January 1, 2008. Mr. Ed Heathcock visited with Robin Border sometime ago at the City Hall. Another city has proposed Heathcock also. It was moved by Whiting, seconded by Henault, that Ed Heathcock be nominated for this position, and motion carried unanimously. 4.9. Establish a procedure for review and approval of expenses and expense reports submitted to the City for reimbursement (Denninger) 4.10. Establish guidelines setting out the exact nature of expenses which can be reimbursed with City funds. (Denninger) It was moved by Denninger, seconded by Whiting that both items 4.9. and 4.10 items be tabled for review, and motion carried unanimously. ITEMS 4.11 THROUGH ITEM 4.14 SEE ABOVE. 4.15. Changing the construction hours to exclude all work on Sundays Sec 3.108 Construction Hours (Anderson): Our present ordinances call for outside construction work to be from 7A M to 7 P M during week days, and 9 A M to 6 P M on Saturdays, Sundays and Holidays observed by the City. All contractors get a notice of these hours when getting permit. It was moved by Anderson, seconded by Denninger that all work outside be excluded on Sundays. A vote was taken, and Castro, Whiting and Henault voted against the motion, with Denninger and Anderson voted for exclusion. Motion failed 3-2. 4.16. Adopting an expanded code of ethics which more clearly sets out the ethical responsibilities of elected officials and employees of the City and which includes financial interest disclosure provisions. Article 1.1600 Code of Ethical Conduct (Anderson).: Anderson pointed out that Council had not had sufficient time to study this code of ethics copied from Spring Valley, so she moved to table it. Castro seconded the motion, and motion carried unanimously to table it. 5. DISCUSSION: None 6. CONSENT AGENDA: Disbursements/deposits: It was moved by Anderson, seconded by Whiting that agenda be approved, 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 12:20 P M. __________________ ATTEST: Robin S. Border, Mayor __________________________ Claudia Bammel, City Secretary |