City Council Minutes

Council Meeting, February 16, 2010
TUESDAY, February 16, 2010
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, Shannon Whiting and Bill Bristow. Also present were Efrain
Him, P.E., Claunch & Miller, Inc., Engineer for the City, Tom Archer, Fire Commissioner,
Chief Gary Finkelman, Chief of Police, and Ted Lazarides, Building Official. Council
Member Edward Davis, Manisha Patel, City Treasurer and City Attorney, David Olson,
Olson & Olson were absent.

2. CITIZENS COMMENTS: Dennis Gerlich, 1111 Glourie Drive, voiced his concerns
about the quality of the City’s water. He reported his water was cloudy today; however,
some days there is dirt in the water. Mr. Gerlich stated that it has been said that
individuals should purchase their own water filters. He believes this is a City problem.
Mr. Gerlich said he knows the fix is probably expensive and the City does not have the
money to make the repairs; however, he believes the City is setting themselves up for
several lawsuits. He believes the City does not give the homeowners enough feedback.

Walter Tomlinson, 1106 Glourie Drive, stated he brought the dirty water situation to
Council’s attention over a year ago and he wanted Council to know the problem still
exists. He brought samples of the water taken from his house and showed it to Council
and the audience. Mr. Tomlinson stated the lack of formal communication from this
governing body makes one believe nothing is being done to remedy the problem.

Vernon Kahanek, 8006 Bromley, stated “the culvert on the property at1209 Pine Chase
needs to be removed. The hurricanes that will develop in the future due to the warming
of the Atlantic will be a category 5. Trees will go down and the culvert will fill up with
debris and houses will flood. This will affect the residents insurance and the ability to
sell houses.”

Ronnie Ralston, 1206 Pine Chase, stated that the pipes at 1209 Pine Chase were put
in illegally and need to come out so that the water flows better. He stated he does not
want to take a risk just because someone wants to make a profit. Mr. Ralston does not
think the City needs to take this risk by allowing the moving or filling of the drainage
ditch. He also says his water smells and tastes bad.

Zandra Anderson, 8214 Mallie Court, stated that if 1209 Pine Chase is allowed to
move the drainage it would violate City Code Number 7.40 and the Texas Water Code.
She said the owners of the property are not the only ones affected. The move of the
easement would cause problems not only for Mrs. Kemper and the Bravenec’s but other
residents further downstream. The best solution would be to remove the fill-in that was
made in 1960 and leave it as an open ditch. She suggested that the City do a study on
the cost the City would incur to put in utilities for the new lot proposed by the subdividing
of the property.

Steve Tacconelly, 8013 Anadell, wanted to add to some of the points already made by
stating in the last storm several residents had to clear the debris in the existing culverts
and he believes that Vernon’s suggestion of reverting 1209 Pine Chase back to an open
ditch is an excellent idea. The larger the houses that are built in the City the less green
space the City has and the more flooding occurs.

Donna Archer, 1307 Friarcreek, stated she had a plumber come out and he had to
change out a relatively new filter because of debris in the system. The plumber told her
that her dirty water problems will cause problems with all her appliances including her
water heater, washing machine, refrigerator, etc. She wanted to bring this to the
attention of Council.

Mike Weltzien, 1107 Glourie, stated he had a conversation with Council Member Davis
regarding the City’s water issues. He said the chlorine that the City is required to put in
the water is reacting with the iron pipes which are causing the red water. Mike Weltzien
stated if a filter on each house is a solution the City needs to tell the residents.

Ronnie Ralston said he also was also having problems with dirty water and low water
pressure.

Mayor Border said that public announcements come in the form of City Council
Meetings and the water issues have been on the Agenda for years. He stated the City
will try to send reports out via emails regarding the water problems. The Mayor told the
citizens that the City had hired Severn Trent to water scour the pipes on Glourie and it
only temporarily solved the problem. The Mayor stated the City has had numerous
meetings with the City of Houston regarding water pressure and learned several things.
He stated the City of Hilshire Village learned there was not anything that could be done
to increase the water pressure because the water comes straight from the City of
Houston and then goes into a backflow preventer which was required by the Texas
Commission on Environmental Quality. The only solution would be for the City to build a
water tower and put in a system that keeps the water pressurized. The pot of money
that the City has in the Utility funds is paltry. If the City went in to replace the iron pipes
at the 1100 block of Glourie the problem would come back unless the pipes are replaced
all through the Village and it would only be a temporary fix.

3. REPORTS TO COUNCIL:

3.1 Police: Chief Finkelman said there was one (1) burglary of a residence and
two (2) motor vehicles. In these instances the house and the vehicles were left
unlocked. They believe that the incidents could have come from a homeless man to
whom the Police Department gave a geography lesson. Since the gentlemen left the
area the burglaries stopped.

OUT OF ORDER

5. DISCUSSION ITEMS

     5.2 Water issues, 1100 Block of Glourie: Mayor Border wanted to let everyone
know that our water is tested on a daily basis and special testing has also been done
and the reports state that the water is safe; it might not be pretty but it is safe. The
Mayor read Councilman Davis’ report stating the red particulate matter that appears in
the City’s water is in fact iron oxide. The purification chemicals (a mixture of
chloramines and ammonia) used by the City of Houston reacts with the iron in the City’s
cast iron pipes and produces particles of iron oxide too small to be viewed by the human
eye. Council Member Davis’ report states that red water does not pose a health hazard.
He stated he has not found any immediate action that would eliminate “red water”.
There are steps that can better manage the occurrences. One step would be to develop
a plan for the annual flushing of the fire hydrants (a copy of Council Member Davis’
report can be found at City Hall). The Mayor stated several residents have installed
water filters and reported that it does solve the red water problem. Mayor Border did not
suggest that everyone go out and purchase a filter system. He was just letting everyone
know what some residents have done to solve the problem.

Council Member Whiting wanted to let the residents know that City Council has been
studying the red water situation for many years and she has personally discussed this
issue with several residents. She said several reports have been printed in the Civic
Club’s news letter. Council Member Whiting said the City is following the TCEQ’s
mandatory guidelines and that health and welfare is the main concern of the City. She
said for residents to feel free to call and discuss the issue with her.

Council Member Bristow also stated he would be glad to share information with
anyone regarding how he solved his particular water issues.

Council Member Wolfe wanted residents to know she has also experienced the same
water problems.

Mayor Pro Tem Castro said the City will continue to work on the water problem and for
residents to be assured the City has tried many different methods to resolve the issue.
Mayor Pro Tem Castro said regarding the 1209 Pine Chase issue, Council is obligated
to take all requests under consideration; however, at this time the City has not received
any formal request from the home owner.

Ronnie Ralston asked a question regarding the pressure of the water coming into the
City? Mayor Border explained that the water comes into Hilshire Village at
approximately 40 pounds of pressure. He stated TCEQ requires that when one water
authority joins another water authority a back flow prevention device must be put in
place. The back flow preventer drops the water pressure by 10 to 15 pounds and a
mandated water filter also drops the pressure. Hilshire Village’s water pressure has then
been reduced to 25 pounds before it leaves the water vault. Mayor Border stated if the
citizens wanted increased water pressure then the City could install a water tower and it
would cost approximately one million dollars the first year and then the cost of
maintenance thereafter. He also stated that some residents who wanted better water
pressure have had success by installing individual water pressure tanks.

OUT OF ORDER

REPORTS TO COUNCIL:

     6.1 MAYOR: Low Impact Drainage Challenge: Mayor Border stated that he and
Council Member Whiting attended a contest sponsored by Harris County and various
Engineering Firms. The different teams presented how low impact development (LID)
methods can be applied to minimize the impact on drainage in areas of new
development. The Mayor said you could reduce the footprint of a house and then give
back some credits to a prospective builder if they could improve the permeability of the
property. Examples of how to improve permeability include installing pervious
driveways, walkways and patios, tilling of the soil after construction, eliminating pipes
coming off gutter systems by draining directly into ditches and replacing with pervious
material. The methods from the Low Impact Development “tool box” presented at this
LID Challenge can be very beneficial to the City. Mayor Border, Council Member
Whiting and Ted Lazarides met with the organizers of the contest to see how this
information could be useful to the City. The Mayor said the City can establish some of
these principles in the existing ravines and insist on these elements at 1209 Pine Chase.
Council Member Whiting said the purpose is to maximize the availability of your drainage
space and to make it work more efficiently than nature. The organizer drove through the
City and said Hilshire Village was an ideal candidate for using these methods because of
our existing open ditch drainage infrastructure.

     3.2 Fire Commissioner: Commissioner Archer stated he did not have a monthly
report because the Fire Commissioner’s meeting will not be held until Thursday. He
stated the McGrath Consulting Firm would be in Houston on Thursday to go over the
requirements needed for the new fire chief.

3.3 City Secretary: City Secretary Blevins reported that Severn Trent sent out the bi-
monthly billing and she was working with them to correct any outstanding problems. She
reported that there was an invoice in the Consent Agenda from TML for the deductible
from the Farris law suit. The deductible was $10,000.00 and the City would be billed up
to that amount as the cost was incurred. City Secretary Blevins stated she had
completed her portion of the audit and the auditors should present the audit at the next
Council meeting. She stated election packets were available and the State has
mandated if a candidate is not contested their name will not be put on the ballot. Their
name would be in a box stating they were uncontested. City Secretary Blevins brought
to the attention of Council that she has color coded the invoices in the Consent Agenda
to make the invoices easier to find.

3.4 Building Official: Ted Lazarides stated there were three (3) permits issued in
January and 25 inspections. He stated City Secretary Blevins, the Mayor and he have
been working on the ISO forms. Ted stated he and Secretary Blevins visited the City of
Spring Valley and reviewed their permitting system. He stated the permitting system
would come in very handy filling out forms like the ISO but it cost between $30 and $40
thousand dollars. Ted stated the permitting software company suggested the City see if
HCAD would help fund the software. Ted Lazarides suggested Council adopt the 2006
building codes and he would put together recommendations for the next Council
meeting.

The Building Official was excused at this time.

3.5 Treasurer’s Report: City Secretary Blevins gave a report to City Council. She
stated she will get with Manisha Patel regarding how the budget numbers were
calculated and other matters. Council Member Wolfe questioned the savings transfer
number and she asked if the garbage income and recycle & trash fees were the same.

3.6 Engineer’s Report: Efrain Him of HDR/CMI stated a draft method of distribution
has been issued showing the second round of CDBG funding and it would be released
by the Houston-Galveston Area Council. The allocation is based on the City’s share of
total low-moderate income population. Since Hilshire Village has none he recommends
the City not pursue this grant money.

Efrain stated he is in the process of submitting the additional information requested by
FEMA regarding the Pine Chase and Glourie Drive Drainage and Paving Improvements
Project under the Hurricane Ike Hazard Mitigation Grant Program and will turn it in by the
February 25, 2010 deadline.

Efrain stated he was working on resizing the generator for City Hall under the HMGP
Grant Program. He reported he has conflicting analysis between engineers on the
amount of KW needed.

Efrain stated he was currently reviewing the Bridle Spur survey and right-of-way
documents and he has relayed some of the problems found to Council Member Whiting.
One of the problems is there is not a definition of the meets and boundaries on the
survey and that the survey already shows Bridle Spur with a right-of-way.

Efrain reported he has been working with Severn Trent on the water valves inventory
and assessment for the City’s water distribution system. He stated the assessment
identified ten (10) valves that could not be located in the field. Efrain believes Severn
Trent was not using an up-to-date drawing and he would go over the missing valves with
them. He stated there were two (2) valves that could not be actuated and he would
make recommendations to the City to replace these valves. Efrain stated Joe Williams
was here to advise Council where Severn Trent was with their expenditures. He stated
Severn Trent would still be able to complete locating the valves for the allotted amount
approved by Council. He could not give a quote on how much it would cost to replace
the valves until they knew which valves needed replacing so they would know how it
would be excavated.

Efrain stated 1309 Glourie had asked for a variance regarding the acceptance of using a
pervious product for their driveway in exchange for the patio. They wanted to use a new
product on the driveway that they felt should not be counted as pervious. Mayor Border
said he had a conversation with Ted Lazarides on the new product and it was something
Council would need to check out in the future because it could help the drainage issue
on new homes. City Secretary Blevins stated 1309 Glourie did not ask for a variance,
that they had applied for a change in their plans and that was the reason it was referred
by Ted Lazarides to Efrain instead of the Board of Adjustments.

Mayor Pro Tem Castro asked Efrain what he had found out regarding the problems at
the lift station last month. Efrain stated the low water float had failed and was replaced.
He stated it was unknown why the auto dialer did not work. He can only assume that it
must have shutdown during a power surge and failed to restart. Efrain stated the auto
dialer was working now.

4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):

4.1 A motion was made by Council Member Whiting to authorize HDR/CMI to perform
a study to reveal the order in which fire hydrants should be flushed by the Village Fire
Department during their annual flushing, seconded by Council Member Wolfe. Mayor
Border thought guidelines could be given to the Fire Department without a cost to the
City. Efrain said there was a model done in 2003 which could be updated and could
help with deciding which order to flush the hydrants. He said if the fire hydrants were
flushed in a correct order it would just minimize the effect of reverse flushing and it would
not solve the problem. Efrain stated it would cost approximately $8,000.00. A vote was
taken to approve the motion to authorize HDR/CMI to perform a study to reveal the
order in which fire hydrants should be flushed by the Village Fire Department
during their annual flushing. The vote unanimously failed 0 – 4.

4.2 A motion was made by Mayor Pro Tem Castro to authorize HDR/CMI and Severn
Trent to locate missing water valves, seconded by Council Member Wolfe. The Mayor
asked for an approximate cost from Severn Trent. Joe Williams said there were
approximately 10 valves. He stated it could take up to an hour each to dig up and locate
some of the valves. Efrain stated he thinks some of the 10 valves do not exist and he
will go over the drawings with Severn Trent. After discussion the motion was amended
by Mayor Pro Tem Castro to read “authorizing HDR/CMI and Severn Trent to locate
missing water valves not to exceed $2,500.00”, and Council Member Wolfe seconded
the motion. A vote was taken to approve the motion to authorize HDR/CMI AND
Severn Trent to locate missing water valves not to exceed $2,500.00. The vote
passed unanimously.

The City Engineer was excused at this time.

Mayor Border asked Joe Williams with Severn Trent about the invoice in the consent
agenda. The Mayor stated there were 17 hours of flushing. He wanted to know if the
City should put a meter on the fire hydrants. Joe Williams said they have charts for
estimating the water being flushed. He said it was approximately 53,000 gallons of
water. Joe Williams said the City has to flush approximately once a month and it takes
several days for the process. Joe said the City might want to adjust their minimum
usage number (taker pay) with the City of Houston. Joe said he will give the City an
estimate for the last couple of years that the City has actually billed out in water. Joe
said that on Work Order 30688 Mondre had shut down several residents water who had
frozen pipes and were not home to cut their water off.

4.3 A motion was made by Mayor Pro Tem Castro to approve the DeltAlert System for
Resident Notification of Emergencies and special situations system, seconded by
Council Member Whiting.   The Mayor stated the system is a telephone, email, text, fax,
alert system typically used for emergencies. This is a system that will be given to the
City at no cost unless we use over a million messages. It will be administered from the
City’s office. The tools will be given to the City. Each of the six (6) Memorial Villages is
looking at this. If the Council gives permission he will have the attorney look over the
contract. There will be two systems; one for our City and one with all the Villages and
the Village Fire Department. The Mayor said this will reduce the amount of calls to the
City when something like the water and gas is being shut off. Council Member Bristow
stated he was not comfortable voting on something that he had not reviewed and felt the
motion should be tabled. A motion was revised to table the motion to approve the
DeltAlert System by Mayor Pro Tem Castro, seconded by Council Member Whiting. A
vote was taken to table the motion to approve the DeltAlert System and was tied.
Council Member Wolfe and Bristow voted for the motion and Mayor Pro Tem Castro and
Council Member Whiting against the motion. Mayor Border then voted against the
motion and the motion failed 2-3. A new motion was made by Mayor Pro Tem Castro to
approve the DeltAlert System for Resident Notification of Emergencies and special
situations system, seconded by Council Member Whiting.   A vote was taken to
approve the motion to approve the DeltAlert System for Resident Notification of
Emergencies and special situations. The vote passed 3 -1. Mayor Pro Tem
Castro, Council Member Wolfe and Council Member Whiting voted for the motion
and Council Member Bristow voted against the motion. Mayor Border said he
would leave all the information at the City office for review.

5. DISCUSSION ITEMS:

5.1 Selection and hiring of a new fire chief and the use of a consultant
(McGrath) to assist in the process. Mayor Border stated he would like to entertain any
thoughts, issues or concerns that Council would like McGrath to check out. He stated
there has been a myriad of concerns already brought to them by the Commissioners and
other Mayors. Mayor Border stated Bunker Hill and Hunters Creek were prepared to pay
for a fire department management audit by McGrath ($38,000.00) by themselves. He
said he personally felt an internal audit could be done at no cost.

Mayor Border said there were two fires last week simultaneously, one (1) in Hunters
Creek and one (1) in Spring Valley. The one (1) in Hunters Creek burned to the ground.
Village Fire Department had to have the assistance of the City of Houston. Some of the
other Mayors have questioned why we have our own fire department. Mayor Border
stated if you take the fire department out of the equation, the ISO rate will drop and the
home owners insurance will rise at least 10% for each resident. The Mayor discussed
general problems going on between the Commissioners and the Mayors. He asked
Council what their opinion was on paying the City’s 3% of the cost of a management
audit. None of Council wanted to pay for the audit.

6. REPORTS TO COUNCIL:

Whiting: Ridgeley Project Citizens Committee: Council Member Whiting reported
she is setting up a meeting with the Committee where they can walk the area. She is
hoping for a report next month.

Bridle Spur: Two residents still have lien issues to resolve.

6.3 HVCEFFC (Conduit Bonds):

7. CONSENT AGENDA:

7.1 A motion was made by Mayor Pro Tem Castro to accept the consent agenda
including Minutes of the Council Meeting of January 19, 2010 and approving the
ordinance providing for the holding of a general election on May 8, 2010, but pulling the
invoice to Texas Municipal League, seconded by Council Member Wolfe.   A vote was
taken to approve the motion to accept the consent agenda including Minutes of
the Council Meeting of January 19, 2010 and approving the ordinance providing
for the holding of a general election on May 8, 2010, but pulling the invoice to
Texas Municipal. The motion was passed unanimously.

A motion was made by Mayor Pro Tem Castro to approve the payment for Texas
Municipal League’s invoice, seconded by Council Member Wolfe. Mayor Pro Tem
Castro asked what the Patel claim was and what was the $60,000.00 amount on Grady
Farris? Council Member Whiting said she remembered Vimal Patel coming to Council
requesting the City pay for plumbing repairs when the City’s sewer line had backed up
into his house. City Secretary Blevins stated that the City did not agree to pay for these
fees so Vimal Patel made a claim against our insurance; however, no money was paid
out. City Secretary Blevins stated the $60,000.00 was the amount of money that the
insurance company has in reserve to defend the lawsuit. She stated the City’s
deductible was $10,000.00 and the amount of $2,956.40 was the amount that had
occurred so far and in which   TML was asking reimbursement. A vote was taken to
approve the motion to approve the payment of the Texas Municipal League
invoice. The motion was passed unanimously.

8. ADDITIONAL CITIZENS COMMENTS:

Don Detata, 1314 Bridle Spur, wanted to know if someone from Bridle Spur knew what
was still required by the residents on Bridle Spur. Council Member Whiting stated Dottie
Swan has been updated on all requirements still needed by the City.

9. ANNOUNCEMENTS: The Mayor said he wanted to make aware to Council the
statement that HCAD will complete its 2010 appraisal work in April and any appraised
values being used now were calculated 12 months ago. HCAD is scheduled to issue
certified estimates to cities as of April 30 as to what the certified tax roll should be in
August 2010. He had no idea they were this far behind and he was worried about the
City’s budget.

10. ADJOURNMENT: Mayor Pro Tem Castro moved to adjourn, seconded by Council
Member Wolfe. The meeting was adjourned at 10:31 PM.



       ____________________
       Mayor Robin Border
ATTEST:

__________________________
Susan Blevins, City Secretary