| The City of |
| Hilshire
Village |
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COUNCIL MEETING June 17, 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 Cheryl Wolfe, John Denninger, Shannon Whiting and Mayor Pro-tem Connie Castro. Also present were Efrain Him, P.E., of Claunch & Millers, Inc., (CMI) Engineer for the City and David Olson of Olson and Olson, Attorney for the City and Fire Chief Calagna.
1.3. Approval of minutes of Regular Meeting of May 20, 2008: Minutes are not available.
CITIZENS COMMENTS: Jim Scott, (1331 Friar Creek), also owns the property at 8218 Mallie Court. He is concerned about how the City looks. He stated that the ordinances were put together to preserve the beauty of the City and he believes that the owners of 8213 Mallie Court are trying to put too much cement in their front yard.
3. REPORTS TO COUNCIL:
3.1. Police: Chief Gary Finkelman was not present. The mayor read a letter from the Chief regarding a recent burglary at 1310 Ridgeley. The Chief stated that Sergeant Bond commends Officers Flores and Gallo for their quick response and handling of the incident in which the suspect was arrested and charged with Burglary of a Building.
3.2. Fire Commissioner – Out of order
3.3. Treasurer: Manisha Patel stated that she did not have a report due to the fact that every time she comes into the office to work with the City Secretary she is too busy taking care of phone calls to discuss the City’s finances.
3.4. Engineers: Efrain Him of CMI gave his report on the Utility Improvements (Package 2). Efrain stated that Metro City Construction Company has constructed the valve vault and installed the piping, valves, pumps, pump guide rails and hatches associated with the wastewater lift station. The electrical subcontractor has installed the control panel, breaker and conduits and it has been inspected by Dennis Adams, the City’s Electrical Inspector. Efrain reported on the Paving & Drainage Improvements (Package 3) stating that AAA Asphalt Paving, Inc. has completed the sub grade and base course work on Ridgeley Drive’s north/west bound lane from Wirt to and including Mallie Court and has restored the driveways on the north and east sides of Ridgeley from Wirt Road to Mallie Court. Efrain requested that the City make payment to AAA Asphalt for Pay Application No.4 in the amount of $111,592.24. He also stated that he would like Council to approve the invoice but to hold the check until AAA shows proof of payment to their vendors because of the fact that the City received a notice from one of AAA’s vendors stating that they had not been paid.
3.5: Building Official: Ted Lazarides, Building Official, had previously distributed his written report. Ted stated that there was one major remodeling job approved at 1102 Glourie. He also stated that he had looked at the swimming pool at # 12 Pine Creek and it does not appear to be a health issue. There was no water under the pool cover.
3.6. Mayor and Council: Mayor Border stated that he hoped council would give him approval to execute a contract with Harris County Flood District to provide funding of approximately $110,000 for culvert A. Council Member Whiting stated that the Bridle Spur Committee was still working with one Mortgage Company. Whiting also stated that the Ridgeley Citizens committee had not yet met on the esthetics. Whiting also stated that one of the committee members, Alicia Cook, was moving and Stephanie Post had agreed to take her place. Ted Lazarides stated he had forgotten to discuss the fact that the City Office should not be in a position with only one person being so indispensable. He also stated that Joe Garrett, City Inspector, would like to discuss this issue. Joe Garrett stated that while the City Secretary was on vacation he was put in a predicament. An emergency came up with the Mennonite Church and he had to do some inspections without approval. The church had failed the inspection which required additional payment by the contractor. Now is the contractor was asked to pay with a check to the City but instead left cash behind the permit. Garrett was not comfortable with this. Garrett also stated that it took 3 hours to get the City Secretary debriefed on all the situations that happened while she was absent. Joe Garrett stated that for liability reasons someone needs to be in the office.
Out of Order 4. CONSENT AGENDA: A motion was made by Council Member Whiting to approve the agenda as presented, seconded by Castro. A vote was taken to approve the agenda and was unanimously approved.
3.7. HVCEFFC (Conduit bonds): City Secretary Blevins stated that there was $2,155.20 in the bank at this time.
3.8. City Secretary: A list of citizens concerns was submitted to Council. There was one new move-in and one move-out. City Secretary Blevins stated that it took her two days to get all the inspections and permits done before leaving on her vacation and two days to clean up all the paperwork on the inspections when she came back. Mayor Border asked about all the trash complaints and stated that after reading in the paper about all the garbage increases around all the Villages and he felt the City should prepare for an increase. Council Member Whiting asked about the time constrains on utility billing and what was going to be done to solve this issue. City Secretary Blevins stated that she would have Vernon Kahanek read the meters a couple of days early so that there would be time to review the readings and ask for a meter re-read if necessary. Mayor Border also stated that there have been a lot of complaints on the bills being too high, including his own. He also stated some type of solution needs to be found. City Secretary Blevins said too many hands involved in the process.
5. DISCUSSION: 5.1 Discussing reimbursement to Russ Bourquein, 1327 Glourie, for water used to irrigate the City entry marker and flower bed at Westview and Glourie. Mayor Border met with the resident and Vernon Kahanek this morning. Mr. Bourquein believes that he has been providing water for the City’s flower beds for the last seven years. After researching the water meters and the sprinkler system, the Mayor and Vernon were able to prove to the home owner that the water was not coming out of the homeowner’s meter.
5.2 Discussing an Ordinance governing the size and number of driveways and sidewalk crossings of the City Right-of-Way for each residential lot. Council Member Anderson stated that the permitted driveway, and pedestrian right-of-way and drainage issue came up a long time ago. She stated that she was just trying to clarify the reading of the ordinance regarding the concept of open ditches. We do not have an ordinance for permitting a walkway over the right-a-way. She is trying to get that added. The size of the driveway was set by Ted Lazarides. Walkway should be four feet. A driveway should be 10 feet minimum and 14 feet maximum. A circular driveway is not to exceed a total of 20 feet in width. Council Member Wolfe asked what was the allowed size of a double wide garage? Ted Lazarides told her 28 feet. Council Member Wolfe asked if this ordinance would not allow a double wide driveway to the street. She was told she was correct. Council Member Whiting stated that we need to address cul-de-sacs and corner lots in this ordinance. Council Member Whiting thought 14 feet was a little narrow. Mayor Border stated you need to note that the measurement is where the property right of way meets the paved street. Council Member Denninger stated that on page two of the ordinance should read the length of the culvert and not the width of the culvert. Also, Council Member Denninger had a problem with the 50% allowance. Mayor Border stated that you need to be looking at long term on this measurement. New construction that comes in here is not the same square footage or styles. The houses are bigger and the owners have more children. Where are these kids going to park, in the street or in the driveways? Council Member Wolfe asked about having a double driveway instead of a circular driveway. Mayor Border said we need to add a radius provision. David Olson stated the ordinance needs to address 100% of the lots or put a provision in it so that the residences have a way out if it causes a hardship. A vote was taken to place the ordinance governing the size and number of driveways and sidewalk crossings of the City Right-of-Way on the Agenda next month as an action item and the Motion carried 3-2 in favor. Council Members, Anderson, Denninger and Wolfe voted in favor of the motion and Council and Council Members Castro and Whiting voted against the motion.
The Mayor requested that council members go through him before speaking to keep order and to be able to hear everyone on the recorder.
Out of order 3.2 Fire Commissioner’s Report. David Labbe stated that everyone has the fire department’s report and if there are no questions he will go straight to the Budget. At the Mayors’ Workshop the main question was on the retirement fund. Council Member Whiting asked about the compensation pay. The Chief said it was an old policy which pays for acculmutive vacation and sick time. The Chief stated that the old employees still receive this. Council Member Whiting asked what the Board money was for. The Chief stated it was money to pay other fireman so they did not have to pay overtime, but they are using it to pay for an inspector. Mayor Border asked what a $15,000 copier does. He was informed by several people that this amount was not out of order. Out of Order 6.3 It was moved by Council Member Anderson to approving the Village Fire Department’s proposed 2009 budget as presented, seconded by Council Member Wolfe. A vote was taken to approve the Village Fire Departments proposed budget and the Motion carried unanimously.
5.3 Discussion of revised Ethics Code Ordinance. Council Member Anderson stated that the financial disclosure was required for elected city officials only. The filing should be made on July 31 and January 31 every year. David Olson stated the difference in what the state requires and what this requires is that Council Member Anderson is asking for it twice a year. The Mayor asked why this does not apply to the City Secretary. David Olson said that he agreed with Council Member Anderson that it did not need to apply to the City Secretary. Council Member Denninger said he could not imagine asking his siblings and aunt and uncles to disclose their information. Council Member Whiting asked what the purpose of this ethics ordinance was. David Olson said it would just be for clarification. It was moved by Council Member Anderson to put the Ethics Code Ordinance on the Agenda next month as an action item, seconded by Council Member Denninger. A vote was taken to put the Ethics Code Ordinance on the Agenda next month as an action item and the Motion carried 3-2 in favor. Council Member’s Anderson, Denninger and Wolfe voted in favor of the motion and Council Member’s Whiting and Castro voted against the motion.
6. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION ON):
6.1 A motion was made by Council Member Denninger to authorize payment to AAA Asphalt Paving, Inc. for Pay Application No. 4 for work related to the Ridgeley Drive Paving & Drainage Improvements Project in the amount of $111,592.24 (Package 3) contingent on CMI’s written verification of payment and seconded by Council Member Whiting. A vote was taken to pay AAA Asphalt, and the motion passed unanimously.
6.2 Diane Rager, 8213 Mallie Court, appealed the decision of the City Official to stop work on the culverts and driveway in which he revoked the permit because he changed his mind. Mrs. Rager stated that culvert 1 was installed in 2007. Mrs. Rager said that if their driveway was permitted to be built it would look similar to Mr. Kahanek’s driveway. On April 2, 2008 a new driveway drawing was turned in and was approved by the City Official. This culvert would be Culvert # 2. They paid all the appropriate fees. Claunch and Miller was called and asked to approve the driveway and culverts. C&M made a drawing showing where the culverts needed to be. On May 30th Culvert 1 was removed and a new hole was dug for Culvert # 2. Mr. Lazarides came out to inspect the property. Mr. Lazarides helped with the positioning of the culvert. The second inspection was passed. On June 2, Mr. Lazarides stated that he was revoking the permit and all work to be stopped. Mrs. Rager stated that they had invested $9,000.00 into culvert and driveway and could not believe their permit had been revoked. Ted Lazarides stated the original plans had a very narrow driveway. He said that he had in writing that Culvert # 1 was temporary and had to be removed. Ted Lazarides said he made a mistake and should not have approved the driveway and culvert. He said that the City wanted to have open ditches and he should not have approved the permit. Council Member Anderson asked the openings sizes. Ted stated 3’, 6’-8’, 4-6’. Council Member Castro stated that there was no ordinance that would prohibit the plan as it was approved. Council Member Denninger asked what Ted thought his mistake was. Ted Lazarides stated that his mistake was not requiring open ditches. Council Member Whiting asked if his objection was the center area in the driveway should not be a culvert it should be an open ditch. Council Member Anderson stated that the original10 feet wide driveway was approved 5/31/07. In May, Mr. Casada, Ted and Council Member Anderson had a conversation about temporary culverts that would go from the driveway to the west so that vehicles could go over and that it might save trees. It was represented that these culverts would be removed before the certificate of occupancy. The permanent placement of the culverts was denied by Ted Lazarides on 5/31/07 as noted on the 5/14 letter requesting to be permitted. Now they want the culverts to be permanent and Ted said no. After a long conversation, Mayor Border asked Mrs. Rager would she accept Ted Lazarides proposed driveway. Mrs. Rager stated “no they wanted the driveway and culvert that was approved by Ted Lazarides on 4/2/08”. Council Member Whiting asked what transpired between the tree days when the culvert was inspected and when the permit was revoked, May 30th and June 2nd, respectively. Ted responded that was when Council Member Anderson contacted him to review the permit again for validity.” A motion was made by Council Member Castro to grant an Appeal requested by the owners of the property at 8213 Mallie Court concerning the number and width of driveway and sidewalk access across the City right-of-way. It was seconded by Council Member Whiting. A vote was taking to grant the appeal and was denied 3-2. Council Member’s Anderson, Wolfe and Denninger were against the appeal and Council Member’s Castro and Whiting were in favor of the motion.
6.4 Council Member Anderson made a motion to accept a clerk on a temporary basis for 14 weeks left in the fiscal year at a rate of $10.00 an hour for 20 hours equaling $2800.00 and to be revisited after this time. It was seconded by Council Member Whiting. Council Member Denninger stated that there would be no vacation or holiday pay. City Secretary Blevins stated that the reason we need to hire someone is because she is unable to do her job because of the work load due to permits and inspections. Council Member Castro said that she does not want to see the office closed again. Council Member Wolfe asked for a description of the work that is required to be done by City Secretary. A vote was taken to hire a part time clerk at a rate of $10.00 an hour for 20 hours a week and the motioned passed unanimously.
6.5 Council Member Whiting made a motion to authorize the Mayor to enter into an Interlocal Agreement with Harris County Flood Control District (HCFCD) under which HCFCD provides approximately $110,000 of funding for Culvert “A” in the Ridgeley Drive Project and seconded by Council Member Castro. A vote was taken to authorize the Mayor to enter into a contract with HCFCD and the motioned carried unanimously. Council Member Castro wanted to thank Mayor Border for all his hard work in getting this contract.
7. MAYOR AND COUNCIL COMMENTS: None
8. ADDITIONAL CITIZENS COMMENTS: None
9. ANNOUNCEMENTS: None
10. ADJOURNMENT: It was moved by Council Member Anderson and seconded by Council Member Wolfe to adjourn.
____________________ Robin S. Border, Mayor ATTEST:
__________________________ Susan Blevins, City Secretary
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