| The City of |
| Hilshire
Village |
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TUESDAY, May 19, 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 7:05 P.M. at 8301 Westview, Houston, Texas 77055. Invocation was given by Council Member Wolfe.
1.2. Present were Mayor Robin Border, Mayor Pro Tem Connie Castro and Council Members Cheryl Wolfe and Shannon Whiting. Council Member Denninger and Anderson were not present. Also present were Efrain Him, P.E., of Claunch & Miller, Inc., Engineer for the City; Chief Gary Finkelman, Spring Valley Police Department; David Labbe’, Alternate Fire Commissioner and Ted Lazarides, Building Official.
1.3 Canvas of Election: Mayor Pro Tem Castro moved to approve Ordinance No. 630, Canvassing the General Election for the City of Hilshire Village, Texas held May 9, 2009 for the purpose of electing three (3) Council Members for a full term of two years, seconded by Council Member Wolf. A vote was taken to approve the ordinance canvassing the General Election held on May 9, 2009 for the purpose of electing three (3) Council Members with the highest number of votes (Bill Bristow, Edward Davis and Shannon Whiting). The vote passed unanimously.
Council Member Total Votes Received Zandra Anderson 94 Bill Bristow 132 Edward Davis 183 John Denninger 125 Shannon Whiting 175
AN ORDINANCE OF THE CITY OF HILSHIRE VILLAGE, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 9, 2009, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR A FULL TERM OF TWO YEARS
1.4 Oath of Office for three (3) Council Members. Mayor Robin Border swore in Shannon Whiting, Bill Bristow and Edward Davis as Council Members of the City of Hilshire Village. City Secretary Blevins had the new Council Members sign their oaths and gave them a Statement of Office.
2. CITIZENS COMMENTS: Grady Farris, 1138 Glourie, requested his speaking notes be part of the minutes. He stated he has been flooded six (6) times since construction at 1134 Glourie began eighteen (18) months ago. He was assured by Ted Lazarides and Harry Walker after completion of the home at 1134 Glourie the drainage system would prevent any problem with flooding. Mr. Fink, 1134 Glourie, was required to install a generator and sump pump. However, the generator did not work so the drainage system also did not work. Mr. Farris stated he has lived at this address for 35 years and he had never experienced flooding prior to the construction. A man made swale allowed his yard to drain on 1134 Glourie. The Fink’s altered the swale causing $34,000.00 worth of damage. Mr. Farris gave Ted Lazarides five (5) questions to be answered.
The Mayor stated he had already met with Mr. Farris for 70 minutes prior to the current Council Meeting and would like to set up a Special Council Meeting to discuss this issue and see what part the City can play if any. A meeting was set for 7:00 P.M. on May 26, 2009.
Paul Maddock, 8 Hilshire Oaks Court, stated approving rocks in the drainage area is nice but there are other problems that are more important that need to be addressed. Mr. Maddock stated there was a blue house on 1011 Ridgeley has been abandoned and has not been cleaned up since the Hurricane. He requested the Village get with the owner and get this rectified. He stated the sewer system across from the area has a rotten smell which comes out of the manhole. Also, there is a rut that holds water for eight (8) days. Further east there is a sewer drain that has a pot hole. Helen DiBona had requested to putting irrigation in the City’s Right-of-way and never received a response.
Mayor Border stated the storm sewer at the corner of Wirt and Ridgeley was on AAA’s punch list as well as the ruts. He also stated the sewer issue was a sanitation sewer and they smell.
Don Detata, 1314 Bridle Spur Lane, stated Bridle Spur has been open to the public for over 50 years and that it is a mess. “It is a public road by necessity”. The Texas laws state if 80% of the property owners agree to make it a public road then it is a public road. He suggested David Olson should check this state law. Therefore, Bridle Spur is a public road and should be fixed by the City.
Grady Farris, 1138 Glourie, would like for Ted Lazarides to answer his five (5) questions at this session. The Mayor said he did not feel there was time to do it. There will be a special meeting where he can answer the questions. The Mayor and Attorney David Olson stated the City was advising Ted Lazarides not to answer these questions until the staff has had time to discuss these questions.
Robert Byrne, 1305 Bridle Spur, wanted to know if David Olson was the City Attorney or a Council Member.
2.1 Mayor and Council Comments:
Mayor Robin Border wanted to thank Council Member Denninger for twenty (20) years of service and Council Member Anderson for her four (4) years of service to the City. He wanted to welcome new Council Members Bristow, Davis and Whiting.
Council Member Whiting thanked the Donovan and Post families for labeling the sanitary sewer drains. The labels were provided by Harris County.
Council Member Bristow wanted to welcome the Hilshire Village Citizens to the Council Meetings. He stated your attendance is appreciated and your votes in City elections will ensure the City’s future.
Council Member Davis appreciated the votes that were cast for him and will do his best to honor the residents in a sensible and reasonable manner.
3. REPORTS TO COUNCIL
3.1 Police: Chief Finkelman gave his report. He stated there were no burglaries, thefts, robberies or assaults. There was one (1) arrest for public intoxication and one (1) for a solicitor selling books without a permit. He knew he needed a permit; however, he was told by the company he worked for if he saw a Spring Valley Police Office he was instructed to run across the street to the City of Houston). The Chief said they were watching to make sure the stop signs were being obeyed.
3.2 Fire Commissioner: Alternate Commissioner Labbe’ reported April was a quiet month with only one (1) ambulance call. The financial report showed the Village Fire Department was one quarter (¼) of a percent over budget. The 2010 Budget was discussed regarding net zero increases. The Firefighters had a lot of questions regarding their retirement plans. Commissioner Labbe’ stated there would be another budget review on June 1st at 7:00 pm. He stated the Fire Chief was worried the Fire Department would lose good men to the City of Houston.
Mayor Border stated five of the six Mayors have met on several occasions and asked for several items in the new budget and these items will be in the resolution presented tonight.
3.3 Engineer’s Report: Efrain Him of HDR/CMI gave his report regarding Ridgeley Drive Paving and Drainage Improvements (Package 3). He stated Claunch and Miller and several Council Members had a walkthrough with AAA in regards to their substantial completion of the job. A punch list of outstanding items has been compiled for the Contractor to correct prior to final acceptance of the project.
Mayor Border requested Efrain look into Mr. Farris’s suggestion regarding the culvert at Glourie and Burkhart. Mr. Farris had suggested moving the culvert to the south side of the intersection and making it larger which would help to eliminate flooding at 1138 Glourie.
A proposal from AAA has been requested to repair the existing storm sewer culvert and asphalt pavement at the Burkhart Road and Glourie Drive intersection and removal and replacement of the existing drainage inlet near the intersection of Archley South and Ridgeley Drive.
On May 8, Claunch and Miller had a special meeting regarding the erosion issues upstream of Channel Crossing D (Mallie Court). Efrain stated there were approximately 12 to 18 inches of erosion within a 30 to 40 ft section of the gully and this was outside the Ridgeley Drive Paving and Drainage Improvement Project. HDR/C&M recommends a segment of the gully be filled, re-grated and compacted to a flatter slope to minimize and reduce the water velocity through this section of gully and installation of crushed concrete rip rap material along the embankment.
Efrain Him stated AAA will not submit a Pay Application for this month.
A survey of the fire hydrants was turned into the City and at this time one fire hydrant has been replaced. Efrain Him will get with the City of Houston to discuss possible improvements to the water system to increase the City’s water pressure.
Efrain Him stated Mayor Border had requested, upon approval by City Council HDR conduct a survey of existing water valves in the City to determine their opening and closing directions and to update the water system maps.
3.4 Seven Trent’s Report: The Mayor discussed the water issues in the 1100 block of Glourie and stated he would be asking Council to authorize the scouring of the water lines to correct the problems. Council Member Whiting stated this should be put on the Agenda for the Special Council Meeting.
4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION ON):
4.1 A motion was made by Council Member Whiting to approve the Village Fire Department’s Intra-budgetary transfers as presented, seconded by Mayor Pro Tem Castro. A vote was taken to approve the motion approving the Village Fire Department’s Intra-budgetary transfers as presented. The vote passed unanimously.
4.2 A motion was made by Mayor Pro Tem Castro to authorize removal and replacement of the drainage inlet near Archley South and Ridgeley Drive intersection and tabling the repair of the existing storm culvert and asphalt pavement at Burkhardt Road, seconded by Council Member Whiting. A vote was taken to approve the motion authorizing removal and replacement of drainage inlet near Archley South and Ridgeley Drive intersection and to table the repair of the existing storm culvert until the Special Council Meeting. The vote passed unanimously.
4.3 A motion was made by Council Member Whiting to authorize additional erosion control work in Channel Crossing D (Mallie Court) by using existing bid items in AAA Asphalt Paving, Inc.’s, Ridgeley Drive Paving & Drainage Improvements Project (Package 3), seconded by Council Member Wolfe. Efrain Him recommended this improvement be made. A vote was taken to approve the motion to authorize erosion work in Channel Crossing D (Mallie Court). The vote passed unanimously.
4.4 No motion was made to authorize the replacement of the full driveway culvert at 8202 Burkhart (Christine Reel) was installed during the Ridgeley Rehab and then erroneously removed at Council's direction.
4.5 A motion was made by Council Member Whiting to approve the drainage and placement of 3” flat small rocks in the City’s Right of Way at 1023 Ridgeley, seconded by Mayor Pro Tem Castro. Mayor Border stated the City’s Engineer reminded the City the City does not allow any additions to the City’s Right-of-Way. A vote was taken to approve the motion to allow placement of 3” flat small rocks in the City’s Right-of-Way at 1023 Ridgeley, the vote failed unanimously.
4.6 A motion was made by Council Member Whiting to authorize the repairs to 1110 Glourie Drive culvert, Margaret Lodge’s residence, seconded by Council Member Wolfe. City Engineer Him recommended the replacement of the culvert because it is set too low and erosion has started which might cause the culvert to collapse. Council Member Davis also recommended the replacement of the culvert. Mayor Pro Tem Castro asked the cost of the replacement. Efrain Him stated the cost would e $3,460.00. A vote was taken to approve the motion to replace the culvert at 1110 Glourie Drive and the vote passed unanimously.
The City Engineer was excused at this time.
4.7 A motion was made by Mayor Pro Tem Castro to approve a resolution stating the Council’s belief that rising pension costs in the Village Fire Department must be brought under control and directing the City’s Fire Commissioners to take specific actions to adjust the level of pension benefits as the first step to bringing those costs under control, seconded by Council Member Whiting. The Mayor said two of the other Cities had passed this resolution. The resolution was put together by the Memorial Village Mayors for approval by Council. The recommendations are to set guidelines for the fire commissioners in controlling unfunded liabilities. The Mayor stated he was not an expert on TMRS because Hilshire Village does not have any employees that belong to TMRS like the rest of the Cities. The Mayor stated in 2008 TMRS was recognized as the best retirement system in the Country and up to this year less than five (5) percent of their investments were in equities. He also stated TMRS has gone to the legislature to request the Cities guarantee a five (5) percent return to the employee’s investment. They also requested the approval for TMRS to expand their participation into equities. This legislation would require the Cities to pay the five (5) percent regardless of what was actually earned. The Mayor stated the City also pays Social Security on these employees. He stated the Mayors requested the Fire Department to match their employee’s investments by one and one/half (1½) instead of two to one (2-1) and the following pay increase of five (5) percent for EMS, four and one half (4½) percent for lieutenants, three and one half (3½) for Captains and for everyone else a two (2) percent increase. He stated was not what the City received. Mayor Border has a lot of concerns on the budget and the unfunded liabilities based on the City’s checkbook. Council Member Whiting asked if this was too stringent of a reaction at this time and if time was allowed would this situation work out. Council Member Wolfe stated some of these issues are not likely to happen. Council Member Davis said the resolution only states what the City’s position is to the Fire Commissioners. A vote was taken to approve the motion to approve a resolution stating the Council’s belief rising pensions costs in the Village Fire Department be brought under control with the help of the City’s Fire Commissioners, the vote passed unanimously.
4.8 A motion was made by Council Member Davis to authorize the Mayor to sign a three (3) year engagement letter with the City’s auditors, Belt Harris & Associates, to receive discounted rates, seconded by Mayor Pro Tem Castro. The Mayor said we have a three (3) year contract with two (2) years remaining with rates that are higher than the new proposed rates. He stated the difference is we are starting over with a three (3) year contract and we will receive a discount for signing this contract. Council Member Bristow asked if Council should address checking into auditor rotation. Council member Wolfe stated that she checked the numbers last year and Belt Harris was less expensive. A vote was taken to approve the motion to authorize the Mayor to sign a new three (3) year engagement letter with the City’s auditors, Belt Harris & Associates, the vote passed unanimously.
4.9 A motion was made by Council Member Whiting to authorize the issuance of a Specific Use Permit for a portable building to be used as an office at 1231 Wirt Road for the Houston Mennonite Church with an end date of five years and to bring the building to 2006 International building codes, seconded by Council Member Wolfe. City Building Official, Ted Lazarides, brought to the attention to City Council the overgrown area behind the Church needs to be addressed. Mr. Wien stated he thought Hilshire Village was for tree growth and natural growth. Mayor Pro Tem Castro stated this complaint had nothing to do with the Specific Use Permit. Mayor Pro Tem Castro stated she personally did not want to see portable buildings in the City. She stated the building was on blocks. Mr. Wien said that the building was skirted. Council Member Whiting was concerned with the time frame of the commitment. Mr. Wien stated the Church would require at least a five (5) year commitment. The Mayor stated the Church would have to bring the building up to code. Mr. Wien said if the City approves the Specific Use Permit, the Church’s next step would be to check on the cost to bring the building up to code before they start on the repairs. A vote was taken to approve the motion authorizing the issuance of Specific Use Permit for a portable building to be used as an office at 1231 Wirt Road for the Houston Mennonite Church with an end date of five years and to bring the building to current International Building Codes. The vote passed 4-1, Council Members Wolfe, Davis, Bristow and Whiting for the motion and Mayor Pro Tem Castro against the motion.
4.10 A motion was made by Council Member Whiting to appoint a third signatory for the City Bank Accounts, seconded by Mayor Pro Tem Castro. Mayor Pro Tem Castro stated it should be moved down the seniority level and she believes it should be Council Member Whiting. A vote was taken to approve the motion to authorize Shannon Whiting to be appointed as a third signatory for the City’s Bank accounts. The vote passed unanimously.
The City Attorney was excused at this time.
5. REPORTS TO COUNCIL
5.1 Building Official: Ted Lazarides stated there was a minimal amount of permits issued in April. The number of inspections continued to be at a low level. Ted stated he met with the Mennonite Church and informed them he could not request any modifications or updating of the facilities until an application for a building permit was submitted.
The City Building Official was excused at this time.
5.2 Treasurer: Manisha Patel stated funds will be transferred next week into a TEXPOOL account. She stated the rates are better than the T Bills that the City had.
5.3 Mayor and Council:
Mayor Border stated he went to the County Commissioners Office with the hopes of asking for more money from CDBG. However, it was not an appropriate time so he ended up thanking them for the $200,000 out of $4,000,000 they had approved. He was told there would be a chance to request more funds at a later date. Eagle Scout Project: Mayor Border wanted to thank Will Carey for choosing the improvement of the City’s signs as his Eagle Scout Project. Will Carey will be giving the Mayor a survey of signs that need to be replaced. Whiting: Bridle Spur: There is still one resident who has not turned their paperwork in due to the fact that their mortgage had been bought out. She also said she has never been informed by Council the City did not need one hundred (100) percent agreement as suggested by Mr. Detata. Ridgeley Project Citizens Committee: Council Member Whiting stated she did not have anything to report. Wolfe: Utilities Committee Update: Council Member Wolfe stated City Secretary Blevins requested data from Severn Trent and she is waiting to see what the data format will be.
5.4 HVCEFFC (Conduit Bonds): The Mayor would like to look at appointing new members and he would be happy to take names of any suggested people. City Secretary Blevins stated there was a balance in the checking account of $1,049.76.
5.5 City Secretary: Complaint Log: Council Member Davis stated he liked the City’s new procedures. Utilities: City Secretary Blevins stated letters were sent out to residents who were behind on their water bills. There were over $7,000.00 in past due accounts. Elections: City Secretary Blevins wanted to thank Robert Sommer and his committee for their contribution to the City’s election. Child Safety Program: City Secretary Blevins stated she had talked to the Texas Department of Public Safety and has guidelines for the use of the money.
6. CONSENT AGENDA
6.1 A motion was made by Mayor Pro Tem Castro to accept the consent agenda deleting 6.6, seconded by Council Member Whiting. A vote was taken to approve the motion to accept the consent agenda including Council Meeting minutes of April 21, 2009, authorization of a donation to the Civic Club of $500.00 for the float for the 4th of July Parade and a $750.00 donation to the Village Independence Festival, the vote was passed unanimously.
7. ADDITIONAL CITIZENS COMMENTS:
Grady Farris, 1138 Glourie Drive, wanted the Council’s personal assurance by a raise of hands that they will read all pertinent information given to them tonight. Mayor Pro Tem Castro stated Council was not in high school. Mr. Farris also wanted to know why the minutes of the Board of Adjustment did not show Ted Lazarides had resigned as the City’s Building Official. Mayor Border stated he did not accept his resignation and that the minutes for that meeting were not the responsibility of the City. Grady Farris stated the City’s representatives, Ted Lazarides and HDR/CMI, assured him verbally and in writing the City’s ordinance would not be violated by 1134 Glourie Construction. After both Cities’ representatives were informed that his property at 1138 Glourie had flooded they still signed off on the drainage plan and Certificate of Occupancy. He is now being forced to sue his neighbor for something Ted Lazarides and Claunch and Miller were responsible from keeping this type of thing from happening.
8. MAYOR AND COUNCIL COMMENTS:
Council Member Whiting stated the things that happened were not intentionally done to harm him or his property. The agents for the City did not do any of these things intentionally. She was truly sorry that this has happened. She did not know his property had flooded six (6) times until tonight. Council Member Whiting said she felt like she was being accused of purposely denying the right for his property to drain the proper way in accordance with the City’s Ordinances. She did not want anyone to have to sue their neighbor. Council Member Whiting stated you can look at plans on paper and in theory they should work but in practice they do not always do so. She would like to see some type of a reasonable resolution.
Mr. Grady apologized for suggesting Council had intentionally set out to harm him or his property. However, Grady Farris stated all members of Council were sent certified letters. He asked how many times he needed to tell the City there was a problem.
Council Member Whiting asked if the Board of Adjustment was looking into the Zoning Ordinances. The Mayor stated he would encourage them to get started now that the new Council was in place.
ADDITIONAL CITIZENS COMMENTS:
Robert Byrne, 1305 Bridle Spur, wanted to thank Council for their patience but they are still trying to get their ten (10) people to sign the release.
9. ANOUNCEMENTS: NONE
10. ADJOURNMENT:
____________________ Mayor Robin Border
ATTEST:
__________________________ Susan Blevins, City Secretary
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