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COUNCIL MEETING JANUARY 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.

 

            1.2. Present were Council members Brian Henault, John Denninger, Shannon Whiting, Zandra Anderson and Mayor Pro-tem Connie Castro. Also present were

Efrain Him, P.E., of Claunch & Millers, Inc., (CMI) Engineer for the City.

 

            1.3. Approval of minutes of Regular Meeting of December 18, 2007: It was moved by Whiting, seconded by Anderson that the minutes be approved with the following changes: Castro wanted Section 4A Second Paragraph, to read “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.” Anderson wanted Section 4.2 to read that Anderson was in favor of expenditures. Vote was taken. Motion carried unanimously.

 

2. CITIZENS COMMENTS: Cheryl Wolfe (1314 Pine Chase) is concerned about the proposal to have backdoor pick-up of yard debris and assessing each household with a $10.00/month fee. She would like for council to consider the needs of the citizens and what is fair to all citizens. Residents already have 3 ways to comply with our ordinances. Nancy Friedman Taub (1313 Pine Chase) wanted to speak against the proposed ordinance. It is unfair to fine those who dispose of the trash properly for what other people do not do. Mark Taub (1313 Pine Chase) voiced his objection; he said when he goes down the street he sees 13 or 14 bags of lawn waste. He finds it heartbreaking to fill up the landfill with valuable material. Do not ask him to pay for that bad behavior. Bitsy Brown (1031 Ridgeley) said she has been a resident for 40 years. She wishes we could retain the country feel with our actions. The office should go back to shorter office hours.

 

3. REPORTS TO COUNCIL:

 

            3.1. Police: Detective Gary Finkelman discussed his written report to Council and citizens. Total calls for service numbered 93, including 10 alarm calls. The five motor vehicle burglaries involved unlocked vehicles. They only took small items so their theory was that it was pedestrians. Seven nights later they stopped four pedestrians around midnight. There were no more incidents after that. He urges everyone to lock everything. Their was an arrest for public intoxication. Halfway through January there has been no crime reported in Hilshire Village. The police will do there best to keep it that way.

 

            3.2. Fire Commissioner: The Commissioner was not present. We will have two reports next month.        

 

            3.3. Treasurer: Tricia Fowler, Treasurer, was absent and will not be able to continue as Treasurer. We need to look for a new Treasurer. A meeting with the Auditors will be on Wednesday regarding our budget. There will be no financials for three months.

 

3.4. Engineers: Efrain Him of CMI gave his report on the Ridgeley Drive Reconstruction Project (aka Package 1-sewer rehabilitation). PM Construction has finished the entire pipe bursting last week. This week they will be working on the manhole covers. Once the manholes are rehabilitated they will conduct the post-TV inspection of the new lines and the cleaning/restoration work. We have received application for payment. Two complaints were received on this contractor. Ms. Shields reported that the contractor had closed Glourie Drive near Ridgeley Drive by laying a pipe across the road and did not provide proper road closure signs. The second complaint was made by Ms. Wourms stating that the Contractor was parking their heavy equipment on Ridgeley Drive’s west embankment to the south of Burkhart Road and were damaging the trees. Both incidents have been taken care of.

 

Utility Improvements (Package 2) Metro Cities. Water lines have been installed on Ridgeley Drive and Bromley Road including fire hydrants, valves and other appurtenances. Within the next week the contractors will perform pressure testing.   

 

Efrain Him met with representatives of Metro Cities to discuss their official request for extra finances on the lift station. He reviewed the information and asked them to go back and review some of their quotes because some of them were high. Council Member Anderson asked if the item was tabled. Efrain stated that he believed that was the Mayor’s intent. Council Member Henault asked how he came up with $36,000. Efrain stated that it came from the initial information and looking at what the other contractors had turned in. The difference between what Metro bid and the sub contractors turned in was approximately $36,000.00

 

We received three complaints: One complaint was from Ms. Wourms indicating that the Contractor was dumping trash. Second complaint was from Mayor Border who received a call from Bill Bristow reporting a water line rupture on Bromley Road. There was also a second line ruptured on Bromley. Council Member Henault asked whose “nickel” was the repairs on. Efrain stated that Metro Cities fixed the problem. Council Member Henault had questions regarding the fire hydrants. It was explained that nothing is tied to the new hydrants until everything is pressured tested. Council Member Anderson questioned the tie in at each home. Efrain said each resident that it affected will get a note on their door telling them when they will be connecting the water to new lines. Efrain said that increasing the water lines should help the water pressure to these houses on Pine Chase and Ridgeley. The Mayor asked if there is a practice that once the connection is made does the resident need to open the hose bibs. Efrain stated that the contractor will do this but each resident will need to open the faucets in the house. The third complaint was from Mayor Border notifying CMI that his neighbor, Mr. Traux

 

 

observed that the Contractor was not following proper trench safety procedures. All the problems have been taken care of by the contractors.

 

Council Member Anderson stated it would be extremely helpful if the street could be washed every day. Efrain said Mr. Bristow also requested this and he has talked to the contractor about doing this. Council Member Anderson stated that the road on Ridgeley was blocked with no flags or anyone directing traffic. Council Member Whiting stated the signage was incorrect. Ms. Wourms stated that she was almost killed by a steel plate. No one flagged her. It was around 7:00 P.M. and foggy. Efrain said he would talk to the contractor again.

 

Package 3 Paving & Drainage Improvements: Efrain stated that he and AAA had the preconstruction meeting and they anticipate starting January 21 with 9 months to complete the job. Council Member Anderson wanted to know where they would start at. The Mayor asked if everyone received his letter explaining the status of the construction. .

1209 Pine Chase Drainage Outfall Improvements: Efrain stated that they had not heard anything back from him.

 

Restoration work at 1209 Pine Chase Drive Efrain stated that the work that was authorized by City Council at the last meeting including the budget for the elm tree and jasmine ground cover was completed and they were able to secure them in smaller plants. Marco’s Lawn Service completed this work on 7th & 8th of January. Resident, Mr. Samuel was invited to the final inspection of the work. He stated that three of his hose bibs in his back yard did not work. He claims they were working before construction. Efrain showed pictures showing the hose bibs. Efrain stated he received a quote to repair the bibs for $235.00. Council Member Henault said he would talk to Mr. Samuel.

 

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 the ditch be re-grated and lowered to the proposed inlet throat to allow leaves to flow into the inlet.”

 

 

 

 

            3.5: Building Official: Ted Lazarides, Building Official, had previously distributed his written report. The certificate of occupancy was issued to the Fink residence at 1134 Glourie in December. Ted has a meeting with Steve Tacconelly regarding his footbridge. Mr. Tacconelly will get a permit so that we have proper documentation. Ted asked Efrain to write a letter to Terrace United Methodist Church asking them to do some drainage repairs. Ted stated that a new plan check list has been developed. Council member Anderson requested information regarding: 1) an un-permitted sidewalk that was built on Bromley and the letter requesting that it be removed. 2) Piles of dirt on 8213 Mallie Court. 3) Since heavy construction is over when are they going to remove the temporary culverts? Ted will report at next council meeting regarding these items. Council member Anderson questioned the check list regarding sidelines. Mayor Border stated that it was in the check list but not written correctly. It should be “3:5 instead of 3.5”. 2. She would also like something added for ditches, walkways and driveways regarding the correct size under the new ordinance and the usage of accessory buildings. Council Member Denninger stated that # 19 should be “perimeter” instead of “parameter”. The mayor said he would send his redlines to the office.

 

            3.6. Mayor and Council: No Comments

 

            3.7. HVCEFFC (Conduit bonds): Nothing was submitted

 

            3.8. City Secretary: A list of citizens concerns was submitted to Council. There were two new move-ins and two move-outs. Council Member Castro commented on all the anonymous complaints the city has received, wanting to know if it was the city’s policy to accept anonymous complaints? She states that anyone who calls in a complaint should register their name. Council member Anderson stated that was not what the mayor said. Mayor will comment on this at a later date. Council Member Henault wanted to know what “dogs at large” meant. Council member Anderson explained that it means any dog that is not properly restrained.

 

4. CONSIDERATION AND POSSIBLE ACTION:

 

4.1 Approving payment of Marco’s Lawn & Landscape Co., Inc., for restoration work at 1209 Pine Chase Drive. The motion was made by Council Member Henault and seconded by Council Member Anderson to pay Invoice # 12571 in the amount $2,997.55. Motion passed unanimously.

 

4.2 Approving payment of PM Construction’s Pay Application No. 1

for work related to the Ridgeley Drive Sanitary Sewer Rehabilitation Project (Package 1) The motion was made by Council Member Henault and seconded by Council member Whiting to pay invoice # 1 in the amount of $72,525.60. Motion passed unanimously.

 

4.3 Approving payment of Metro City Construction’s Pay Application No. 1 for work related to the Ridgeley Drive Utility Improvements Project (Package 2). Motion was made by Council Member Henault and seconded by Council Member Whiting to pay the invoice in the amount of $235,408.29. Motion passed unanimously.

 

4.4 Authorizing additional expenditures of approximately $36,000 to Metro City contractor for work on the Lift Station Mayor Border stated he would not ask for a motion. No Motion was made.

 

4.5 Authorizing the Mayor to execute a new waste disposal contract to cover

a.) back door pick-up of household waste and yard debris while

b.) assessing a $10.00/month fee per household/location to partially defray costs of this rising cost element. Motion was made by Council Member Castro and seconded by Council Member Henault for all back door pick up with a $10.00 assessed fee. Council Member Castro stated that due to rising waste disposal cost, the City had cut service by having yard debris moved to curb side and putting time restraints in place, but that has not worked. We would have to have a trash inspector to enforce the ordinance. In order to get premier service we as home owners will have to pay for that service either through taxes or a fee. Back door service can be provided for approximately $17-$24. Currently the city is paying about $20.00 per household per month for yard debris curb service. Council Member Anderson stated that she took a survey on Sunday to record the violations. Only 7.6% of the residents were in violation. The ordinance is brand new and the letter needs to be beefed up. The company we are using at this time is a very good contractor and we will lose them if we go to back door service. The ordinance should be given a chance to work. Council Member Whiting stated that the tally needs to be taken over four trash cycles. Council Member Denninger stated that to do an assessment would not be a practice that should be started. The cost should be covered in the taxes. Mayor Border said that it is the City’s responsibility to enforce the ordinance. Mayor Border asked if there are any questions. Council Member Whiting asked if we have a contract or are we under any time constraint to renegotiate at this time. Assistant City Secretary Blevins stated that we do not have a signed contract at this time. Council Member Anderson asked if the motion could be amended to give the Mayor authorization to sign the contract with Charles Gregory, Royal Trash, as is. The Mayor said he did not believe we needed to do that. The city is under a three year contract with the option to increase the price. A Vote was taken on 4.5a, and the motion was denied 4-1 with Council Member Castro voting for the authorization. A vote was taken on 4.5b, and the motion was denied 4-1 with Council Member Castro voting for the authorization.

 

4.6 PROCLAMATION: Proclamation to declare March as Youth Art Month in Hilshire Village on behalf of Texas Art Education Association and the Spring Branch ISD. A motion was made by Council Member Whiting and Council Member Anderson seconded, that the city declare March as Youth Art month. A vote was made and the motion carried unanimously.

 

4.7 Authorizing the Mayor to use existing funds for an employee Incentive Bonus for this fiscal year. A motion by Council Member Whiting and seconded by Council Member Castro was made to authorize the mayor to pay employee incentive bonuses. Council Member Denninger wanted to know what existing funds? In the budget we called for a 3% increase. Council Member Whiting stated that the city prorated the merit increase to begin January 1st. Mayor Border liked the incentive plan because it acknowledges excellent performance and maintains some control over salary level rises. Motion carried 3-2 with Council Member Henault and Denninger opposing the incentive bonus.

 

4.8 Clarifying the duties of the salaried City Hall office staff to include

attendance at City Council meetings. Mayor Border stated that he had queried other city secretaries about being paid to attend city council meetings. Each one stated that the city secretaries have established themselves as professionals and the state legislature has recognized this. They are salaried and they think that it would be a big mistake if the city did something contrary to that. The Mayor stated it needed to be clear that the City Secretary and the Assistant City Secretary were considered salaried professional administrative positions, exempt from overtime payroll considerations. Additional compensation for special projects would be paid if authorized by the Mayor or City Council. The City Secretary or the City Secretary’s designate has to be at all city council meetings by state statue. The salary should cover this duty. Council Member Anderson said that the City Secretary’s salary should reflect the hours put in at all the council meetings. Council Member Denninger stated that Attorney, Brian Begle’s letter seemed to suggest that it should be a managerial or professional exemption. Council Member Denninger was not satisfied with that explanation and still believes these people need to be paid for attending the meetings. Council Member Henault trusted the Mayors judgment with the consultation with the city attorney regarding the City Secretaries being salaried professional administrative positions exempt from overtime and has no problems with the rest. Council Member Anderson stated the fact that the City Secretaries salary should reflect the number of hours worked and the amount of hours attending council meetings. Council Member Whiting reminded council that the motion on the table was clarifying the duties of the salaried city Hall office staff to include attendance at city council meetings. Discussion was made on amending the motion. Mayor Border asked that the motion be amended to read “clarifying the duties of the salaried City Hall office staff to include attendance at City Council meetings and that these persons are compensated through the salary structure for this effort”. The mayor asked for a vote and the motion was approved 3-2 with Council Members Anderson and Denninger opposed. However, no motion was on table. Agenda item will be on February 19, 2008 agenda.

 

5. DISCUSSION: None

 

6. CONSENT AGENDA: A motion was made by Council Member Denninger to approve the agenda as presented, seconded by Castro. Council Members Anderson and Whiting questioned the Sanderson Knox Belt bill stating there was no substantiation for that bill. They were reminded that it was a quoted price and council had already approved it. Council Member Henault asked if the current Severn Trent invoice had been approved by Vernon Kahanek and questioned the status of the older Severn Trent invoice. Assistant City Secretary Blevins stated that the Severn Trent invoice would not be sent out until Mr. Kahanek had approved it and that the old invoice has not been justified at this time. Henault said that he wanted to make sure that any bills that the construction contractor causes should be paid by the contractor. Assistant City Secretary stated that the check for Lazarides should have been $2,588.75. Council Member Henault questioned the invoice to Ethelene Bucy. It was explained that these expenses are to reimburse the City’s Animal Control Officer to cover quarantine expenses for a stray cat that bit a resident. The Mayor asked if everyone was in favor of the consent agenda with the change of Mr. Lazarides’ invoice from $2,651.00 to $2,588.75. The motion passed unanimously.

 

7. MAYOR AND COUNCIL COMMENTS: None

 

8. ADDITIONAL CITIZENS COMMENTS: Vernon Kahanek stated that after Christmas you have a lot of garbage and some new people that have moved in do not know the rules. There was a resident on Pine Chase that had 34 sacks of leaves stacked 3 levels high. The people need to be educated.

 

9. ANNOUNCEMENTS: None

 

10. ADJOURNMENT: It was moved by Council Member Whiting and Henault, and seconded by Council Member Castro and Anderson to adjourn.

 

 

                                                                                    ____________________

                                                                                    Robin S. Border, Mayor

ATTEST:

 

__________________________

Susan Blevins, Assistant City Secretary