TUESDAY, December 15, 2009

COUNCIL MEETING

7:00 P.M.

 

 

1. CALL TO ORDER: Mayor Robin Border called the City of Hilshire Village Council Meeting to order at 7:00 P.M. at 8301 Westview, Houston, Texas 77055.

Invocation was given by Mayor Pro Tem Castro.

 

1.2. Present: were Mayor Robin Border, Mayor Pro Tem Connie Castro and Council Members Cheryl Wolfe, Edward Davis, Shannon Whiting and Bill Bristow. Also present were Efrain Him, P.E., Claunch & Miller, Inc., Engineer for the City, David Labbe’, Alternate Fire Commissioner, Ted Lazarides, Building Official, City Attorney, David Olson, Olson & Olson and Vernon Kahanek.

 

1.3 Presentation of Award: Mayor Robin Border presented Vernon Kahanek an award for thirteen (13) years of service. The Mayor thanked him for everything he had done for the City and stated he hoped Vernon would still be available when the City was in a bind and needed his expertise.

 

2. CITIZENS COMMENTS: Bill Swan, 1302 Bridle Spur Lane, asked the Council as they make their decision on the acceptance of the conveyance of Bridle Spur, to take in account that the residents have gone to considerable expense doing everything Council has requested of them. He suggested the City do a superficial repair to the road at the beginning. Mr. Swan felt like the road was overall in good condition.

 

Judy Shields, 1302 Glourie, stated the City requires new construction to have a fire suppression system. The City needs to look into the fact that the water pressure in the City is currently not sufficient to run a fire suppression system.

 

3. REPORTS TO COUNCIL:

 

3.1 Police: Chief Finkelman stated in his report there was a burglar who took an item out of a car. A felony occurred at a new construction site and there were two (2) arrests for intoxications. He stated this month there had been two (2) cars that were jacked up in which there were tires stolen and also a car was stolen.

 

3.2 Fire Commissioner: Alternate Commissioner Labbe’ stated VFD’s runs to Hilshire Village were down about 25%. Village Fire Department expenses were 3.51% under budget for the year. Labbe stated there was an employee with a long term disability issue. He is a 21 year veteran firefighter who has become permanently disabled in an unrelated incident to his employment by the VFD. The employee has asked the VFD to assist him in receiving long term disability benefits. He stated eligible firefighters had agreed to work his shift until May 1^st when he is eligible for retirement. The commissioners allowed this because the VFD would have to pay 65% of his COBRA if he was not working.

 

Alternate Commissioner Labbe’ stated a draft of a new investment policy was presented to the commission allowing the placement of funds in guaranteed accounts outside of banks as long as it meets all other criteria. He also stated Tom Archer was selected as the VFD’s representative to the Village Mutual Insurance Cooperative Board. A donation was made by Hedwig Village to repair the front apron drive at the fire station. The Commission approved the purchase of a new chief’s vehicle for $19,567. The VFD received nearly $500,000 in grants from various entities since 2003.

 

Alternate Commissioner Labbe’ stated the commissioners voted to employ McGrath Consulting Group, Inc. to engage in a search for a new fire chief. Council Member Bristow questioned this vote. City Council reminded Labbe’ this City Council’s consensus was not to hire a search firm because they wanted to hire within. Mayor Border stated since it was the opinion of this Council to not hire a search firm he wanted to know how the City’s Commissioner voted. Alternate Commissioner Labbe’ stated the vote was unanimous to hire the firm.

 

3.3 City Secretary: City Secretary Blevins reported the City was looking for a replacement for the City’s Clerk position. She stated she had received approximately 15 calls regarding outrageous bills and accounts that were not cleared from the previous month’s billing. City Secretary Blevins said she was referring all calls to Severn Trent. She stated there had been complaints that the wait was too long to discuss their problems. City Secretary Blevins stated there was one (1) new move-in and one (1) move out.

3.4 Building Official: Ted Lazarides stated there were 11 permits issued in October and 31 inspections were performed. He stated he had a discussion with the Inspector, Joe Garrett, regarding inconsistencies with the building codes. Ted stated the inconsistencies were very minor and only with the plumbing code. Council Member Wolfe stated the contractors on 1309 Glourie were not abiding by the City’s ordinance on working hours.

The Building Official was excused at this time.

 

3.5 Engineer’s Report: Efrain Him of HDR/CMI stated he inspected the contractors work at Hilshire Oaks Subdivision roadway entrance and recommended payment to AAA Asphalt Paving, Inc.

 

Efrain stated he inspected the asphalt pavement near the Channel Crossing “D” on Mallie Court. It appears to him the 60” diameter RCP culvert has caused the subgrade and base layers to shift, thus creating the cracks on the asphalt layer. He also felt the extreme summer and winter temperatures experienced this year also may be a contributing factor. Efrain also inspected new cracks at 1226 Ridgeley Drive. He stated these cracks are a result of either a poor base or a lack of shoulder support in conjunction with the extreme temperatures experienced this year. Efrain stated he has contacted AAA Asphalt Paving to address and correct these issues under the one (1) year warranty.

 

Efrain researched the City’s files to determine if there were any forms of agreement or guarantee from the City of Houston to deliver a minimum pressure of 75 psi. He stated there was no information found. Efrain stated that TCEQ requires the City of Houston to deliver 45 PSI at the City’s meter and they are delivering that amount or more. Hilshire Village’s option is to boost the pressure by installing a pressurized system which could cost approximately $1,000,000. Council Member Bristow asked if there was anything an individual home could do and Efrain stated they could install a household pressure system for a couple of thousand dollars.

 

4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):

 

4.1 A motion was made by Council Member Davis to accept the project and approve payment of AAA Asphalt Paving, Inc.’s work related to the entrance at Hilshire Oaks Subdivision in the amount of $4,404, seconded by Mayor Pro Tem Castro. Council Member Bristow asked if the residents were satisfied with the work. Paul Maddock, 8 Hilshire Oaks, thanked Council for the project and reported the residents were satisfied; however, on the west side of Hilshire Oaks Court at Ridgeley there was standing water. Efrain Him stated he personally visited the construction site twice after the rain and the construction site was draining properly. He stated the west side of Ridgeley does not have ditches for the water to drain into so it takes longer to drain. A vote was taken to approve payment of AAA Asphalt Paving, Inc., in the amount $4,404 for work related to the entrance at Hilshire Oaks Subdivision. The vote passed unanimously.

 

The City Engineer was excused at this time.

 

4.2 A motion was made by Council Member Davis to approve the change of the City’s electric provider from Reliant Energy to StarTex Power, seconded by Council Member Whiting. Council Member Whiting stated she asked Council last month if they would be interested in changing providers to save money. Since it was the consensus that the City would like to save money she invited Kathy Malone, an energy broker to check out various rates. Kathy Malone provided Council with information showing StarTex with the lowest rates. Mayor Border questioned the contract because he was not familiar with commercial contracts. He wanted to know what extras there would be other than what was being shown in her contract. Kathy Malone stated there were no hidden charges. The extra charges are all passed through without a mark up. The only variable among providers is the energy rate. The Mayor asked if changes could be made to the contract. Representatives from StarTex stated they were flexible but all changes would have to be approved by management. After discussion it was decided Mayor Border would negotiate the contract. A vote was taken to change the City’s electric provider from Reliant Energy to StarTex Power. The vote passed unanimously.

 

4.3 A motion was made by Council Member Davis to approve the conveyance of Bridle Spur as a public right of way, seconded by Mayor Pro Tem Castro. David Olson stated he has examined the documents submitted by Bridle Spur. He then went through the lots and told Council what was needed for each lot. He stated he would put these items in writing and submit them to the homeowners. He would like to see the letter of intent or a similar document signed, notarized and submitted to the City. David Olson stated he wanted a copy of the survey. He recommended Council wait to vote on this item until all the paperwork is cleared up. Mayor Border stated he was checking into different means to repair the street. Council Member Davis made a motion to table the motion until next month, seconded by Mayor Pro Tem Castro. A vote was taken to table the motion. The vote passed unanimously.

 

4.4 A motion was made by Council Member Whiting to approve readopting Ordinance Number 636 adding additional service fees, seconded by Council Member Davis. City Secretary Blevins stated the City needed to add a return check fee of $25, a meter verification/re-read fee of $20 and service account transfer fee of $15 when a resident moves from one address to another so the records follow the resident. Mayor Border stated these items needed to be included in the ordinance so residents know what all the City’s fees were. A vote was taken to approve the motion to readopt Ordinance Number 636 with additional fees of $25 return check fee, $20 meter verification/re-read fee and $15 service account transfer fee. The vote passed unanimously.

 

5. DISCUSSION ITEMS:

 

5.1 Subdividing and relocation of drainage easement at 1209 Pine Chase:

Mayor Border stated1209 Pine Chase was the single largest lot in the Village and the homeowner is requesting the lot to be subdivided. The Mayor wanted to get this information out in the open and that is why it is a discussion item. David Olson said the home owner would need to fill out an application and would have to abide by the City’s ordinances. He also stated Council would have the final decision and would have 30 days to make the decision after receipt of application. David Olson advised Council that Statute No. 212 of the Local Government Code controls this type of request and the statute states that if the homeowner meets the City’s conditions then Council cannot arbitrarily deny the subdivision. David Olson said the only reason the City would need to have a public hearing is if the property is re-platted. Health and safety is the only reason Council could deny the subdivision.

 

Brian Thompson, contractor for 1209 Pine Chase homeowner, said they would be following the rules. He stated they will do everything that is required of them to subdivide the property.

 

Council Member Bristow had concerns regarding drainage. Brian Thompson said they would be hiring an engineer to engineer the drainage and then it would have to be approved by HDR-Claunch & Miller. Mayor Border said the City is planning on making some improvements on the drainage and would need to work closely with their engineers. Council Member Whiting brought to the attention of Brian Thompson that the ditches would need to be kept open.

 

Frank Bravenec, 8010 Burkhart, stated he lives on the south side of the 1209 Pine Chase property and he has concerns about the surface water draining into his lot. He does not want the land altered, changing the flow of water. Jean Bravenec stated her concerns were that 1205 Pine Chase was supposed to have an extensive drainage system which still has not been installed. She stated drainage water is coming down the ravine on her property twice as fast as before. Jean Bravenec stated the southeast corner of the 1209 Pine Chase property is low and if it is filled with dirt it will cause her property not to drain. She stated there was already a problem at 8014 Burkhart with water draining too fast onto the property. Jean Bravenec also stated the City needs to find a different method of digging ditches because the ditch in front of her house is already too steep to mow.

Zandra Anderson, 8214 Mallie Court, requested the City have another hearing on this matter with proper notification. She said the agenda item was not properly written. The agenda item should have said “subdividing property and relocation of drainage easement at 1209 Pine Chase” instead of just “subdividing and relocation of drainage easement at 1209 Pine Chase” to clarify the item being discussed.

 

5.2 Water issues, 1100 Block of Glourie: Council Member Davis presented Council with samples of water taken from his house on Glourie. One was from the discharge from his hall bath which looked similar to Tang orange juice. He also presented pictures of 4 glasses showing water filled from the faucets in his house. Council Member Davis stated there was something in the water system on the 1100 block of Glourie. The homeowners need to let the City know if the problem exists in other areas. Council Member Davis stated he has been talking with HDR and other associates trying to determine the problem. He pulled a sample and it has been submitted to Severn Trent to analyze and find out what solids were in the water. City Secretary Blevins stated the City was informed by Severn Trent there was no bacteria in the water in Hilshire Village. Council Member Davis said a lot of the problems have come about due to the City flipping the valves and sediment accumulated. Mayor Border stated Council Member Davis and the City would continue to work on this problem. Council Member Bristow stated when he had the same problem years ago. The City did not have a solution so he went out and purchased a filter system for his house and that solved the problem.

 

Out of Order

 

6.1 Treasurer: Manisha Patel stated the financial report has been changed and it now shows the balancing account. She stated the financials will show two (2) months actual. Mayor Border stated the financials are set up just like the budget.

5.3 CLOSED EXECUTIVE SESSION:

Council recessed the Council Meeting at 9:12 P.M. and went into a closed executive session.

 

Council reconvened at 9:27 P.M.

 

6. REPORTS TO COUNCIL:

 

6.2 Mayor: NONE

 

Whiting: Ridgeley Project Citizens Committee: NONE

 

6.3 HVCEFFC (Conduit Bonds): NONE

 

7. CONSENT AGENDA:

 

7.1 A motion was made by Council Member Davis to accept the consent agenda, adding a disbursement to Amegy Bank in the amount of $662.22 and removing the minutes of the Council Meeting of November 17, 2009, Severn Trent and Salt Grass Chapter’s invoice, seconded by Council Member Whiting. A vote was taken to approve the motion to accept the consent agenda including a disbursement to Amegy Bank for $662.22 less Severn Trent and Salt Grass Chapter’s invoice and agenda item 7.2 minutes of the Council Meeting of November 17, 2009. The motion was passed unanimously.

 

A motion was made by Council Member Davis to approve the disbursement to Severn Trent in the amount of $2,920.15, seconded by Council Member Whiting. Council Member Whiting questioned the overtime hours Severn Trent was charging due to routine maintenance. Council asked Secretary Blevins to talk to Mondre Jackson with Severn Trent regarding this issue. A vote was taken to approve the motion to accept the disbursement of Severn Trent’s invoice in the amount of $2,920.15. The motion was passed unanimously.

 

A motion was made by Council Member Davis to approve the disbursement to Salt Grass Chapter in the amount of $35.00, seconded by Council Member Whiting. Council Member Wolfe questioned what the dues were for. City Secretary Blevins explained it was dues for membership of the local chapter for City Secretaries. A vote was taken to approve the motion to accept the disbursement of the Salt Grass Secretary Chapter invoice in the amount of $35.00. The motion was passed unanimously.

 

7.2 A motion was made by Council Member Davis to approve the minutes of the Council Meeting of November 17, 2009, seconded by Mayor Pro Tem Castro. Mayor Pro Tem Castro requested Council’s response be added to paragraph 3.2 regarding Fire Commissioners request for Council’s opinion regarding hiring a new fire chief. Mayor Pro Tem Castro stated the majority vote from Council was to hire within and not to hire a search agent. She also commented she did not understand why the Fire Commissioner did not vote according to Council’s request. Mayor Pro Tem Castro also stated 4.3 does not show who seconded the motion. She also wanted to add her statement regarding a cost savings to the City if Severn Trent takes over all the billing and reading duties. Council Member Whiting requested the word “residents” replace the word “residence” and “assessed” replace “accessed” under section 5.2. A vote was taken to approve the minutes of the Council Meeting of November 17, 2009, with the requested changes to 3.2, 4.3 and 5.2. The motion was passed unanimously.

 

8. ADDITIONAL CITIZENS COMMENTS: NONE

 

 

 

 

9. ANNOUNCEMENTS: NONE

 

10. ADJOURNMENT: Council Member Whiting moved to adjourn, seconded by Council Member Davis. The meeting was adjourned at 10:14PM.

 

 

                                                                                    ____________________

                                                                                    Mayor Robin Border

ATTEST:

 

__________________________

Susan Blevins, City Secretary