| The City of |
| Hilshire
Village |
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COUNCIL MEETING APRIL 15, 2008
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. Invocation was given by Council Member Castro.
1.2. Present were Council Members John Denninger, Shannon Whiting and Mayor Pro-tem Connie Castro. Also present were Efrain Him, P.E., of Claunch & Miller, Inc., (CMI) Engineer for the City and Mario Del Osso, Olson and Olson, Attorney for the City. Council Member Brian Henault was not in attendance.
1.3. Approval of minutes of Regular Meeting of March 18, 2008: It was moved by Council Member Anderson and seconded by Council Member Castro that the minutes be approved with the following addition from Council Member Anderson: Add to 3.8, 2nd sentence, “because the report was for compliance purposes, not to show non compliance on the part of the resident”. A vote was taken to approve the minutes with the above changes. The vote passed unanimously.
2. CITIZENS COMMENTS: Richard Linder, 13 Pine Creek Lane, said that he would like for council to have the owner of 12 Pine Creek Lane fill the empty pool that has been empty and unfinished for 16 years.
Dave Matthiesen, Chairman of the Board of Monarch School; Dr. Marty Webb, Head of Monarch School and Roxy Vernon from Mennonite Church were present. Dave Matthiesen asked City Council to extend the schools Specific Use Permit from July 2008 until July 2009. The extension is needed because their new school is in the process of being built and will not be completed until February or March of 2009. He would like to stay in the temporary buildings that they rent from the Mennonite Church until the end of the school year. That is why they would like Council to provide them permission to extend the permit. Mennonite Church has already agreed to continue the lease. Mayor Border told the representatives from Monarch School that this would be on the agenda next month for Council to discuss and vote on.
Steve Samuel, 1209 Pine Chase Drive, stated that the Outfall Project is on his property. Mr. Samuel brought expenses to submit to Council for reimbursement due to his backyard flooding on March 26, 2008. He stated that Marco’s Lawn Service left the water on and the valve opened which caused his yard to flood. Mr. Samuel stated that his water bill was twice as high as the prior months. He also had to call another sprinkler company who charged him for their service. Also, he would like reimbursements for an arborist and kennel charges along with the sprinkler company. Mr. Samuel stated that the City needs to check the background of any contractors that are hired before using them.
Greg Whiting, 1319 Pine Chase Grove, had a few comments related to communications. He stated communications is important within the City but context is very important especially if written. People in the community expect elected officials to have a higher level of understanding of city business and be able to express them appropriately without prejudice which allows citizens to make an informed decision on there own.
Steve Tacconelly, 8013 Anadel, would like to state that he doesn’t necessarily agree with everything that Council Member Anderson says but he appreciates what she does. Mr. Tacconelly does not agree with how the Mayor has treated Council Member Anderson on certain situations. He appreciates hearing a different view and a different side and applauds Council Member Anderson for her approach.
3. REPORTS TO COUNCIL: 3.1. Police: Chief Gary Finkelman discussed his written report to Council and citizens. Chief Finkelman stated that it has been a quiet March with the exception of the felony theft of two wave runners on Hickory Shadows. He acknowledged the fact that because of construction the traffic on Ridgeley has been different and that the police have issued many warnings and asked for citizens to give feedback.
3.2. Fire Commissioner: No Report
3.3. Treasurer: Manisha Patel stated that the financials have been presented to Council and that she and City Secretary Blevins are working on the manner in which they are presented.
3.4. Engineers: Efrain Him of CMI gave his report, stating that Sanitary Sewer Rehabilitation Package One has been completed. In regards to the Utility Improvement Package Two, the water line portion of the work has been substantially completed and a punch list has been compiled. Metro City had informed CMI via email today that the lift station vendor had acknowledged that the miscommunication was their fault and they have expedited the lift station equipment, the pump and hatches, and they will be delivered tomorrow. The Mayor asked if we could expect some action from Metro City and Efrain stated “yes”. Efrain stated that on the Paving and Drainage Improvement Package Three, AAA has adjusted the driveway culverts along Mallie Court and Ridgeley Drive from Wirt Road to Burkhart Road. AAA has installed the water line and appurtenances along Mallie Court and across Channel Crossing E. The lines have passed both the pressure and disinfection test. The concrete headwalls and footings on the upstream and downstream of Channel Crossing D have been constructed. AAA has begun the pavement milling operation on the South/East bound lanes of Ridgeley Drive to Mallie Court. After complaints were received additional signage has been put up showing one way, detours and traffic flow. Efrain stated there will be several layers of surface. The road will be approximately six to eight inches lower and the section to Wirt will be deeper matching the road with a gradual incline. Channel Crossing D culvert will also be a little deeper in order to pass the 100 year event. CMI recommends that we pay AAA for Application Number Two. Mr. Marcus Almeida from Marco’s Lawn and Landscape Company told Council that they were hired by Claunch and Miller to repair the sprinkler system at 1209 Pine Chase. His company did the repairs and then found out that Mr. Samuel had sent emails stating that his company did poor quality work. When he completed the work he went over and above his contract to check the system to see if it was working properly. That is when he found out that Mr. Samuel had a problem with his sprinkler system. He offered his services to fix the problem, if Mr. Samuel wanted to hire him. He told Mr. Samuel that he should not use the sprinkler system until the repairs were done. He completed his work and then left having never touched the controller. Mr. Almeida submitted his bill to Mr. Samuel, but it was a month later before Mr. Samuel paid and then he deducted money for his water bill. Mr. Samuel’s system is very old and if Mr. Samuel was not happy with his services he should have contacted him and let him make the repairs. He should not have called another company to make these repairs. If the City reimburses Mr. Samuel for any expenses, it really should come to his company since Mr. Samuel did not pay his bill in full. Efrain stated that Mr. Samuel did find another end of his sprinkler system that was not connected. Efrain stated that this is at least 50 to 60 feet from where the construction was done.
3.5: Building Official: Ted Lazarides, Building Official, had previously distributed his written report. Ted also stated that there was one pool permit in March but that April may be more active. Ted stated he would also like to resolve the issue of the parking pad at 8108 Bromley.
3.6. Mayor and Council: Mayor Border wanted Council to know he had scheduled a meeting with Mike Talbot with the Harris County Flood District where he plans to appeal to Harris County Flood District for financial assistance on crossing A. The Mayor also has a scheduled meeting with State Senator Dan Patrick and approximately 14 other cities to talk about issues of mutual interest. The Mayor also has a meeting scheduled with the other cities and the City of Houston regarding water issues. This meeting will be discussing the rate increases with Mayor White to see if anything can be done to reduce the projected increases.
Whiting: Bridle Spur update: Title work has been completed and all ten lots were searched and the packets were delivered to Olson and Olson for their review of the Title Work Search. Two of the properties may have encumbrancies on them and Olson and Olson was asked what the next appropriate steps should be. The City wants to make sure all titles are clear before the survey begins.
3.7. HVCEFFC (Conduit bonds): Nothing was submitted.
3.8. City Secretary: The HVCEFFC balance was $55,976.71 as of March 31, 2008. A check was written to the City in the amount of $53,834.07 which has not cleared the bank as of this date. City Secretary Blevins will be attending an Election Equipment seminar and a luncheon for the Salt Grass Chapter of TMCA. An alarm system has been installed at the City that includes fire and burglary along with a panic button. The City is having an election on May 10, 2008, and early voting starts April 28, 2008. The City Secretary cancelled the bond for Tricia Fowler and had one issued for Manisha Patel. The bond company told the City Secretary that she should also have a bond on herself. A list of citizens concerns was submitted to Council. There were one new move-in and one move-out. The City Secretary reminded Council Members that they need to send copies of their emails for last year and this year to the City. A breakdown of Ridgeley construction utility accounts was given to Council.
Out of Order: 6.1 The future disposition of the 8108 Bromley (Mayes property) parking pad in the city right-of-way. A motion was made by Council Member Whiting and seconded by Council Member Castro to determine the future disposition of the parking pad in the City right-of-way at 8108 Bromley. Mario Del-Osso stated that the general law of municipality has exclusive control over streets and alleys. Municipalities may abate or remove encroachments or obstructions. He also stated that the City does not have a clear guideline in its ordinances for these situations. The City does not have any ordinances in regards to what you can or can not do. Mario stated that he thought the City in the past has had a rule of reason. Regardless, Mario stated that the City has the complete control in regards to the City’s right-of-way. He stated that when the City goes out to make an improvement it can remove landscaping, driveway and anything in the right-of-way. He stated that the City has other driveway pads and the City allows driveway access to its citizens. The second question is “should the Building Official be expected to decide what is reasonable or unreasonable?” There is not a right answer. He stated two thoughts. First the City absolutely rules the right-of-ways. Secondly if the City should need to regulate what is put in the right-of-way they can do so by a case by case basis or by ordinance as general or specific as may seem fit. Or, you can continue as you have in the past as long as you are reasonable about it. Mayor Border stated that he met earlier with the City Attorney and the City Official and that in the future Council may want to put some type of guideline together to put this sort of issue in the hands of the Building Official. Council needs to decide if they want to hear every occurrence as they arise. At this time Council needs to decide if the parking pad that has already been built can remain or if it needs to be taken out.
James Mayes, 8108 Bromley, stated that he was under the assumption that he had a permit for the parking pad. His builder had the pad inspected before he poured the cement and it had failed because it was not six inches thick at the landing. A second inspection was called and was approved by Charlie Ehrlund. Mr. Mayes said he was not aware of a problem until he received the letter from Ted Lazarides. He was not aware that his builder had signed a letter to the City until he acquired a copy from City Secretary Blevins. Mr. Mayes said he never met with his builder and Mr. Lazarides and that he did not agree to have the concrete removed. As far as he knows nothing was tied to the Certificate of Occupancy.
Ted Lazarides stated he remembers standing on the pad with Mr. Mays and the builder discussing who was going to pay to remove the pad. Ted stated that he would have never issued the Certificate of Occupancy without the signed letter from the contractor. He believes Mr. May’s confusion came from having an approved sidewalk plan. They received approval for an irrigation system which had a different pad set up. Ted stated that he did not have a problem with the pad staying because it was not a hazard. There is neither a drainage issue nor a safety problem. However; it would not be replaced if the city had to remove it because it was in the City’s right-of-away.
Mario Del-Osso stated that the Building Official does not have latitude in what he approves or disapproves. That is the Council’s function. Council stated that Ted Lazarides, the City’s Building Official, handled everything properly. A motion was made by Council Member Denninger and seconded by Council Member Whiting to take no action in regards to the disposition of the 8108 Bromley (Mayes property) parking pad in the city right-of-way. A unanimous vote was to take no action in regards to the disposition of the parking pad.
Meeting adjourned for a break at 8:30 P.M. Meeting reconvened at 8:40 P.M
4. CONSENT AGENDA: A motion was made by Council Member Anderson and seconded by Council Member Whiting to approve the agenda as presented with the exception of 4.4 and to change Olson and Olson’s invoice to be under the General Fund. A vote to approve the consent agenda excluding 4.4 was unanimous.
4.4 A motion was made by Council Member Anderson and seconded by Council Member Whiting to authorize the Mayor to acquire a credit card for use by the City Secretary when ordering merchandise or service (the credit card will have a limit of $1,000.00). A vote to acquire a credit card with a $1,000.00 limit and a billing due date to be set for after monthly council meetings was unanimous.
5. DISCUSSION: 5.1 Presentation and discussion with City Attorneys re: emails and public business of the City. Mario Del-Osso stated that there is only one code of ethics, one set of rules – those rules of individual behavior which apply to everyone alike – doing what is right. Everyone wants to be treated fairly. He stated that the laws and rules governing public officials and employees are to make the government accessible to the people; all meetings must be open to the public. He stated that a governmental entity must act as a body. That all meetings must have an agenda and must be posted 72 hours in advance and you must have a quorum during which public business is discussed or considered or a formal action is taken. He stated that a Council Member could go to jail or could be fined for acting in numbers less than a quorum. Mario stated that every email a council member or employee sends from any computer related to City business should be treated as if it was sent on City letterhead and a copy should then be sent to the City. The goal for all elected officials is to avoid addressing public business by email. A Council Member should not provoke another City Council member to respond to an email. A Council Member that has been provoked should answer through the Agenda. Council Member Anderson asked about “walking quorums”. Mario stated under no circumstance should one Council Member or the Mayor discuss a topic related to City business with another Council Member with the intent to circumvent the act. Mario stated “Do not deliberate outside a public forum”.
5.2 Address by Mayor Border re: Council Member Anderson’s email circulated by Council Members: Attached are Mayor Border’s comments. Address by Mayor Pro tem Castro re: Council Member Anderson emails dated 26 Feb and 18 Mar 2008: Attached are Mayor Pro tem Castro’s comments. Address by Council Member Whiting re: Council Member Anderson’s emails: Attached are Council Member Whiting’s comments. Council Member Anderson stated that she stands behind her transcript that she had prepared earlier. She stated that a long time ago she sent out an email regarding the ravines. After she sent out the email a lot of citizens came to the council meeting. After the meeting the Ridgeley Project Committee was established and she was denied the right to be put on the committee. It did not matter because the committee’s actions were not considered due to lack of funding. Council Member Anderson stated that from Mario’s comments she learned that everyone has the right to complete information about government, to be treated fair, and to have access to information. She did not feel she was given adequate time to review the Ridgeley Project prior to voting since she and Council Member Denninger did not receive their book and the other Council Members would not delay voting on the project until they had time to review. Also, Council Member Anderson does not believe that all information is given in the Civic Club letters. She stated that she will continue to distribute information to everyone.
6. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION ON): 6.2 It was moved by Council Member Whiting and seconded by Council Member Denninger to authorize the City to recoup the latest COH water rate increase. The Mayor stated that the increase by the City of Houston was only 1.8% at this time but more than likely will increase again this year. The Utility Fund has approximately $140,000 but he stated that everyone is aware of the cost to replace or repair infrastructure. A vote to decline the increase at this time was unanimous.
7. MAYOR AND COUNCIL COMMENTS: Council Member Whiting wanted to see where the City stood on the Ridgeley Projects in regards to expenses and would like to see it put on next month’s agenda to discuss left over funds.
8. ADDITIONAL CITIZENS COMMENTS: Mary Border, 1320 Pine Chase Drive, stated that she talked to Mario Del Osso because she had concerns that every time she and the Mayor talk to their neighbor/friend Shannon Whiting it might be misconstrued as talking about City business.
Jim Cullen, 1315 Pine Chase Drive, stated that he has lived in the Village around fourteen years. He believes this City Council is doing a great job and they are very passionate about what they do. However, the discussion about emails stresses him. He would like to see this same passion go towards the short/long term development of the community in a positive way. He hopes Council can move forward for the sake of the community. His second concern is the financial status or financial stability of the City. He knows the City has a deficit because of the tax loss from the I-10 Building becoming the “green area”. He believes we need new growth to increase the City’s tax base and he recognized the fact that we might lose a few trees, increase sewage and have to make improvements to the City. He also reviewed the City’s cost for legal fees and wanted to know if everything goes through the Mayor before going to the lawyers. The Mayor stated that it usually does but not in all cases.
9. ANNOUNCEMENTS: None
10. ADJOURNMENT: It was moved by Council Member Whiting, and seconded by Council Member Denninger to adjourn.
____________________ Robin S. Border, Mayor ATTEST:
__________________________ Susan Blevins, City Secretary |