REGULAR COUNCIL MEETING DECEMBER 18, 2007

TUESDAY, November 17, 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 Council Member Wolfe.

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, Tom Archer, Alternate Fire Commissioner, Ted Lazarides, Building Official and City Attorney, David Olson, Olson & Olson.

2. CITIZENS COMMENTS: Don Detata, 1314 Bridle Spur, gave a historical briefing on Bridle Spur Subdivision from 1955 to present. He stated the residents have been trying to prepare their paperwork for the conveyance of the Bridle Spur Street as a public right-of-way since 1973. Mr. Detata said all the proper paperwork had been turned into the City by all ten (10) residents.

3. REPORTS TO COUNCIL:

3.1 Police: Mayor Border read Chief Finkelmanís report. The Chief stated in his report there were no major incidents during October with the exception of one motor vehicle burglary wherein a purse was stolen out of a parked vehicle at the School of the Woods. There was one arrest as a result of officers checking on two suspicious persons who were soliciting on Hilshire Oaks. One of the solicitors has an outstanding warrant for theft in Callahan County.

3.2 Fire Commissioner: Alternate Commissioner Archer stated there were 4 calls during the month of October. He stated during the October Meeting there were lengthy discussions on the 2010 budget with concerns on the increase in health insurance. The Fire Department had budgeted for a 15% increase and the quote came in at a 39% increase. The decision was made to reduce benefits for the department. Fire Commissioner Archer stated Fire Chief Calagna retired effective October 1, 2009 but was being paid through August 2010 due to his sick time and vacations. He stated Assistant Fire Chief Poirier had assumed the responsibilities of fire chief until the new fire chief is appointed. He asked Council for their opinion regarding hiring a new fire chief and the process in which to hire a new chief. Mayor Border thought that it was a good idea to hire a search firm. However, he felt that if Assistant Fire Chief Poirier comes in and does a good job it would not be fare to him if the VFD was not considering him for the job. City Councilís overall view was to promote within if possible and to do so as soon as possible.

3.3 City Secretary: City Secretary Blevins reported Judy Allan, the Cityís Clerk, had resigned due to health issues. City Secretary Blevins stated she and the Mayor met with Severn Trent to discuss billing and meter readings and that a report would be given under 4.3 action items. She also reported the online payment for utilities is still on hold due to Compass Bankís legal department delaying the approval. City Secretary Blevins and the Mayor also worked on a grant from EECBG and a resolution was in the packet for Councilís approval. There was $20,000.00 allotted to the City and it could be used to update street lighting. She reported the City would need to collect sales tax on the fee to residents for trash pickup. City Secretary Blevins worked with the Village Fire Department and HDR to complete the Local Mitigation Action Plan which was required by Harris County. She reported Center Point Energy would start replacing meters in the City starting in December and continue into February. The crew replacing the meters would be in uniform and their trucks would be marked. The crew will only need access to the residentís back yards. Door hangers would be placed on residents doors prior to commencement of this work. City Secretary Blevins reported residents are already paying for this work on their electric bill in the form of a surcharge in the amount $3.42.

3.4 Building Official: Ted Lazarides stated there were 19 permits issued in October and 29 inspections were performed. He stated the City was having problems with the contractor at # 4 Pine Creek getting proper permits and inspections.

The Building Official was excused at this time.

3.5 Engineerís Report: Efrain Him of HDR/CMI stated he attended a workshop regarding CDBG Disaster Recovery Census/Surveys. He stated he assisted City Secretary Blevins in updating the Cityís Local Mitigation Plan to be incorporated in the Harris County LMP. Efrain reported he went over the U.S. Department of Energy/State Energy Conservation Block Grant with the Mayor. He stated Hilshire Village had been allocated $20,000.00 with no City cost sharing requirements. Efrain stated AAA Asphalt Paving Inc. performed the Hilshire Oaks roadway entrance improvements as authorized by City Council; however, after inspection he found it to be deficient. He stated after discussion with AAA, they will send a crew back to correct all issues.

Efrain stated DonMar Grading, Inc. performed 250 LF of ditch cleaning/re-grading and re-sodding along the western 1200 block of Pine Chase Drive. DonMarís original proposal was for a minimum of 400 LF of ditch cleaning/re-grading work; however they waived the minimum footage requirement due to the fact they did not inform HDR/CMI before they began the job. Efrain completed and submitted to City Secretary Blevins the Channel Crossing ìAî record drawings. He stated he had coordinated with AAA Asphalt the corrective work associated with the water ponding at the intersection of Archley North and Ridgeley Drive and the asphalt pavement crack near the edge of Ridgeley Driveís Eastbound lane. The work was performed under the one year warranty period for the Ridgeley Project. Efrain stated he inspected the work and found the issue had not been completely addressed and AAA would send a crew back to correct the issues.

4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):

4.1 A motion was made by Mayor Pro Tem Castro to table the motion to approve payment of AAA Asphalt Paving, Inc. for work related to the entrance at Hilshire Oaks Subdivision, seconded by Council Member Whiting. A vote was taken to table the motion to approve payment of AAA Asphalt Paving, Inc. for work related to the entrance at Hilshire Oaks Subdivision. The vote passed unanimously.

4.2 A motion was made by Council Member Whiting to approve final payment of DonMar Grading, Inc.ís Pay Application No. 1 for work related to ditch cleaning along the 1200 block of Pine Chase Drive in the amount of $2,650, seconded Council Member Davis. A vote was taken to approve the motion authorizing payment to DonMar Grading, Inc. in the amount of $2,650.00. The vote passed unanimously.

The City Engineer was excused at this time.

4.3 A motion was made by Council Member Davis to approve the hiring of Severn Trent to read the water meters, provide services for all billing, collections and customer relations, including billing for trash collection on a monthly basis, collecting fines, etc. effective October 1, 2009 for the October/November 2009 cycle, seconded by Mayor Pro Tem Castro. City Secretary Blevins stated she was for Severn Trent taking over the complete process of utility billing. She stated there were too many ways that mistakes could be made in the process the City was currently using. City Secretary Blevins stated allowing Severn Trent to handle everything would be the smart way to go because it would eliminate City personnel from making decisions to cut residentís water off. Severn Trent would send out delinquent letters put notices on the doors and cut the water off when payment is not received. The City has lost income due to delays in this process. City Secretary Blevins was for monthly billing because it would bring income into the City quicker, it would help residents remember to pay their bill and to budget their money easier. Mayor Pro Tem Castro stated she was for Severn Trent handling the whole process but she was not in favor of monthly billing due to the cost. She said there would be a cost savings to the City if Severn Trent takes over all the billing and reading duties. Severn Trentís Manager, Joe Williams, stated the City has to pay for water and sewer monthly but will not collect the money to cover the charges for three (3) months. Council discussed the issue and felt at this time the City should stay with bi-monthly billing. Council Member Davis amended the motion to approve the hiring of Severn Trent to read the water meters, provide services for all billing, collections and customer relations, including billing for trash collection on a bi-monthly basis, seconded by Mayor Pro Tem Castro. The vote passed unanimously.

4.4 A motion was made by Council Member Davis to approve an ordinance amending Appendix ìAî Fee Schedule to establish new water, sanitary sewer and solid waste collection rates, seconded by Council Member Whiting. City Secretary Blevins stated Council had discussed a $250.00 deposit but had not voted on the issue. She also stated if a residentsí service will be disconnected if they do not have a deposit on record. After disconnection the resident will then need to place a deposit or bring the deposit amount up to $250.00. The final bill will reflect the deposit on hand. Kendra Pratt and Joe Williams with Severn Trent explained the procedures they normally perform and the rates that go with it. David Olson stated in the future all new services will have to pay a deposit regardless if they are a longtime resident. Council discussed the fact that sometimes a resident might not have received his bill or was out of town that Severn Trent should take history into account when accessing fees. It was decided to let Severn Trent use their discretion when it comes to those matters. City Secretary Blevins recommended the City to pay Vernon Kahanek to walk the route with Severn Trent to show them where all the meters are. Council agreed. The motion was amended to approve an ordinance establishing a trash collection fee plus sales tax, new water and sewer rates, a $250.00 deposit be collected and establishing fees for delinquent accounts (delinquent letter charge of $10.00 giving resident five (5) business days from the date the delinquent letter is issued to pay all delinquent bills). Red tag fee $20.00, turn off fee $50.00, reconnect fee $50.00, removal of meter due to unauthorized usage after turn off $100.00, fees to be paid in person or online to Severn Trent, no personal checks or AMEX. A vote was taken to approve the amended motion. The vote passed unanimously.

4.5 A motion was made by Mayor Pro Tem Castro to approve the concept and practice that the full amount of the garbage fee funds are deemed to be collected in the water bill and that amount shall be transferred from the collecting entity (currently Compass Bank) to the General Fund checking account at Amegy Bank on a monthly basis, seconded by Council Member Davis. Mayor Border stated last month Council designated that no money be transferred from the Utility account and now the City needs to amend it so Garbage Fees that are collected in the Utility account can be transferred to the General Fund Account. This money should be transferred for the full amount upon billing regardless of the amount collected. Mayor Pro Tem Castro amended the motion to exclude the phrase ìon a monthly basisî, seconded by Council Member Davis. A vote was taken to approve the motion to approve the concept and practice that the full amount of the garbage fee funds are deemed to be collected in the water bill and that amount shall be transferred from the collecting entity (currently Compass Bank) to the General Fund checking account at Amegy Bank. The vote passed unanimously.

Council recessed at 9:09 P.M.

Council reconvened at 9:21 P.M.

4.6 A motion was made by Council Member Whiting to approve a resolution recognizing the American Recovery and Reinvestment Actís funding of the Energy Efficiency and Conservation Block Grant, seconded by Mayor Pro Tem Castro. A vote was taken to approve a resolution recognizing the American Recovery and Reinvestment Actís funding of the Energy Efficiency and Conservation Block Grant. The vote passed unanimously.

5. DISCUSSION ITEMS:

5.1 CLOSED EXECUTIVE SESSION: NONE

5.2 Conveyance of Bridle Spur as a public right of way: Council Member Whiting stated she had been working with Bridle Spur Residents for the last three (3) to four (4) years. On June 17, 2007 the City requested that the Bridle Spur Residents provide to the City up-to-date title information, current survey and an instrument of dedication. Council Member Whiting said all requested documentation had been turned into the City Secretary. She said Bridle Spur residents would have to convey 25 feet of right of way on each side of the street. Council needs to decide if they want to accept the conveyance of Bridle Spur in its poor condition. Normally cities accept conveyance of streets after they have been put in good condition. In behalf of the Bridle Spur residents they had taken a good faith expectation that the City would accept the street in its current condition. She stated Bridle Spur residents are consistent tax payers. Council Member Whiting said there was no money in the current budget to make repairs to the street. Mayor Pro Tem Castro said this has been discussed for many years and the previous Council was prepared to accept the street in its current condition if all the documentation was submitted to Council. Mayor Border asked if the City was obligated to a time frame to take the conveyance of the street. David Olson said if the City takes the street over it needs to make the repairs in a timely manner. Council Member Whiting said sewer and water would not have to be done at the same time as repairs to the street. Mayor Border said Council could amend the budget if they choose to accept the conveyance of the road. Council Member Whiting stated no promises were made that the City would accept the conveyance immediately upon receipt of the documentation. Council Member Davis asked if anyone had talked to Harris County to see if they would help with the road construction. Mayor Border said that was a good idea. Council Member Bristow asked if the Fire Department has assessed the street. Mayor Border said VFD has requested a larger turnaround but they could back the fire truck out if they had to. He also stated a fire hydrant would need to be installed. Council Member Wolfe asked if the City takes this 30 year problem what will that do to the people who are waiting to fix the flooding issues. Mayor Border stated he was going to discuss that in item 6.2. Council Member Whiting said the City needs to prioritize the projects. Council Member Whiting said she would review the documents and forward them to David Olson for his review and she would look into the options the City may take.

Constantine Fernandez, husband to partial owner of 1306 Bridle Spur, stated the residents have expended a lot of money with surveys and legal cost. That it has taken a very long time to get all the homeowners in agreement and if too much time is taken a homeowner might sell their property and then the new homeowner might not be in agreement and then they would have to start all over.

6. REPORTS TO COUNCIL:

6.1 Treasurer: City Secretary said the financials were prepared in a different format this month. She wanted Council to know the General Fund is very low at this time. Mayor Border said we need to get the trash fund collected as soon as possible. The City does not have any tax revenues from October through December.

6.2 Mayor: City Hall Parking – Mayor Border wanted Council to be aware he has had conversation with the mothers of Valley Oaks Elementary children requesting them not to park in the Cityís parking lot during working hours. Mayor Pro Tem Castro stated the no parking sign is not placed in the correct location.

Capital Project financing and prioritizing – Mayor Border wanted Council to be aware he has taken a strong action looking for grant money. He stated the Pine Chase Glourie Drainage and Paving project started out with CDBG funding of $200,000. The City now has total grant money of $3,500,000 available. The City has $ 375,000 in the utility account. If everything comes together the project is feasible. Mayor Border said the timing is good for these types of projects because construction cost is down.

Other grant money available to the City at this time is $35,000.00 generator money for City Hall and $20,000.00 EECBG for energy savings.

Castro: Mayor Pro Tem Castro stated she gave a report at the last Council Meeting describing the TxDOTís plan for the green area. Since the meeting TxDOT has decided to go with an agreement with Harris County instead of Hilshire Village. Mayor Border met with TxDOT and Harris County and believes overall it will be a much better plan for Hilshire Village. Mayor Border said the County would assume all liability which is a plus. Mayor Pro Tem Castro stated Harris County would fence the property and maintain the property which is a plus and they will commence the project immediately.

Whiting: Council Member Whiting wanted to know if the City wanted to entertain changing electric providers to save money. Mayor Border said to provide a spread sheet showing the savings the City would obtain.

Ridgeley Project Citizens Committee: NONE

6.4 HVCEFFC (Conduit Bonds): NONE

7. CONSENT AGENDA:

A motion was made by Council Member Davis to accept the consent agenda adding payment to Texas Commission on Environmental quality in the amount of $651.45, seconded by Council Member Whiting. A vote was taken to approve the motion to accept the consent agenda including a disbursement to TCEQ in the amount of $651.45, the minutes of the Council Meeting of October 20, 2009, approval of a resolution stating Center Point Energyís requested increases to its natural gas rates and charges within the City should be denied. The motion was passed unanimously.

8. ADDITIONAL CITIZENS COMMENTS: None

9. ANNOUNCEMENTS: None

10. ADJOURNMENT: Mayor Pro Tem Castro moved to adjourn, seconded by Council Member Davis. The meeting was adjourned at 10:45 PM.

____________________

Mayor Robin Border

ATTEST:

__________________________

Susan Blevins, City Secretary