City Council Minutes

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, Fire
Commissioner, David Labbe’, Alternate Fire Commissioner, Ted Lazarides, Building
Official and City Attorney, David Olson, Olson & Olson.

Mayor Border brought Council and attending residents up to date regarding 1209 Pine
Chase. He stated there would not be a vote taken because there had not been any
paperwork turned in nor had there been a public hearing. The Mayor stated he met with
the City’s Engineer, Harry Walker, and the engineers for 1209 Pine Chase. Mayor
Border told the engineers for the developer he was not speaking for City Council but had
concerns with the drainage on this lot. He told the engineers he was not concerned with
the subdivision of the property; however, had concerns with the outfall (receiving end of
the two pipes), the collection area (ditch or ravine between Pine Chase Drive and the
start of the two pipes) and the Pine Chase/Glourie loop which was engineered with an
impervious ratio of 55%. Mayor Border stated he asked the engineers to assume that all
the affected properties in excess of 10 years old would be re-developed and a system
should be built that could handle the rain water.   The engineers left the meeting and
produced a memo stating everything that was discussed. Mayor Border said this City
Council will not take action until all drawings, reports and a drainage system have been
approved by the City’s engineers.

2. CITIZENS COMMENTS: John Cooper, 1214 Ridgeley, stated his home backs up
to1209 Pine Chase. He wants to make sure the drainage is looked at in regards to the
Pine Chase side and the effects of the drainage downstream because if the water
speeds up the erosion will be greater.

June Sommer, 1114 Guinea Drive, said the drainage has worked in the past. She
thinks if they have to build two homes they should shift the houses to the left, which
would still give them plenty of room and leave the ditch to the side of the house. She
stated many houses have ravines in their yard. She said the drainage should be left
alone.

Zandra Anderson, 8214 Mallie Court, stated Ordinance Article 7.400 does not allow
the City to give up a drainage easement. She stated it was a Class “C” misdemeanor for
anyone to change or place any material in a public right-of-way or drainage area.
Zandra Anderson reminded the City there would have to be a public hearing and the City
needs to give notice to any home owners affected within 200 feet prior to the hearing.
She said there would be a lot of people affected. Zandra Anderson stated the City
needs to be careful because it will be setting precedence for other developers and they
would also want a variance. She also believes the engineers have caused problems in
the City and the best engineer is Mother Nature. She said the City’s engineers have
increased the flow of water and one resident contacted her to say they wanted to put a
bulk head on their property to stop erosion.

Robert Wolf, 1205 Pine Chase, stated there are two (2) culverts at 1209 Pine Chase
that accumulate drainage from both sides of Pine Chase Drive, Glourie, Anadell and
Bromley which affects about forty to fifty homes. The water accumulates in the ravine
which acts as a holding area and then the water flows through two underground pipes to
the rear of 1209’s open ravine. He stated there have been three (3) occasions (during
Ike and Katrina) when the water has accumulated. He stated he attended the meeting
between the developer’s engineers and seven or eight residents. A proposed plan was
distributed showing a rerouting of the easement and a new 48” underground pipe with
two sharp turns extending from Pine Chase Drive to the rear of 1209’s discharge ravine
in the past three (3) years when the open ravine rose over the entrance of the two pipes.
Mr. Wolf strongly urged the design of an open ravine which could be relocated near the
proposed pipe route without the two sharp turns. This would be less susceptible to
blockage, much easier to maintain and have longevity well into the future. He also
stated Harris County Flood Control also supported the open ravine concept over an
underground pipe.

Walter Gilbert, 1226 Glourie Drive, was concerned with the changing of the direction of
the ravine underground pipe which acts as a retention pond. He stated the City was
making decisions that would affect at least 50 homes upstream. Walter Gilbert also
reminded the City they needed to have a public hearing. He stated an environmental
study needed to be done. He then submitted a petition against the changing of the
drainage system signed by 43 Hilshire Village residences that were directly affected up
and down stream of the said property. This petition was given to the City Secretary.

Vernon Kahanek, 8006 Bromley, stated “when the City has a six to eight inch rain we
will have a disaster”. He is against the pipes in the drainage system. The City needs to
go back to an open ravine.

Jean Bravenec, 8010 Burkhart, stated the drainage pipe was there when they moved
here in 1968. She stated the engineers talked about a 60” pipe and she could not
imagine what kind of erosion problems that would cause. She stated they had a small
ravine that runs in the middle of her yard and continues into Mrs. Kemper’s yard and
then into the one on 1209 Pine Chase. She said there was no flooding until recent years
which has been caused by the newer large homes. She stated if the City allows this
change then she wanted an agreement in writing that when she goes to sell her property
she would be able to fill in her ravine so she could have a larger building area and could
make more money. Mrs. Bravenec said the City should not be responsible for any
lawyer or engineering fees for subdividing property at 1209 Pine Chase. She stated
section 9.117 states the developer is to pay engineering costs.

3. REPORTS TO COUNCIL:

     3.1 Police: Chief Finkelman stated in December there were two arrests due to traffic
stops. There was one (1) motor vehicle burglary and two (2) felony thefts. Council
Member Bristow stated he would like the citizens to be alerted on burglaries. Chief
Finkelman stated that could be discussed.

     3.2 Fire Commissioner: Commissioner Archer stated an agenda item was left off
the Fire Department’s agenda where two (2) of the Mayors wanted an audit to be
performed on the Village Fire Department by the McGrath Consulting Group. The Mayor
stated he did not think they wanted a financial audit but was more of a management
audit. Commissioner Archer said they were questioning if the Villages needed a Fire
Department, if the VFD had too many employees and were they top heavy.
Commissioner Archer stated that to get the discount on home owners insurance you
have to have a fire department and a ladder truck. Archer said the two (2) Mayors said
they would pay for the audit. Commissioner Archer stated he personally did not feel they
needed an audit because they were using the McGrath Consulting Group with the hiring
of a Fire Chief and they will let them know if any changes are needed in the running of
the department.

Fire Commissioner Archer said there was some discussion as to the Fire Chief
answering to the Mayors because some of the active Mayors are requesting different
things from the Chief. He stated the way the Interlocal and the bylaws are written the
Fire Chief reports to the Commissioners and then Commissioners report to the Mayors
and Council. Archer believes there should be open communication between all parties.

Fire Commissioner Archer said a meeting was being set up with the McGrath Consulting
Group at the first of February. Mayor Border asked about the time line for hiring a Fire
Chief. Archer said they were putting together the qualifications for the new Fire Chief
and that would be put out on the internet by mid February. They will then allow 60 days
for resumes to come in. Then there will be a minimum of about 3 ½ months from today
before the assessment (where they bring in four (4) to five (5) candidates for testing).
The assessment team then puts together their recommendations in a one (1) to three (3)
order with reasons for their recommendation. Then the Commissioners can either accept
one of the applicants or they can request McGrath Consulting to go back and make
other recommendations.

Mayor Pro Tem Castro stated she had talked to the Fire Marshal regarding whether or
not the City’s water pressure was adequate to run a fire sprinkler system which was
brought up by one of the residents last month.   Mayor Pro Tem Castro stated she was
told by Village Fire Department’s Fire Marshal that the minimum psi to operate a fire
system was between 7 and 20 psi and the typical pressure requirement starting at the
water meter is between 25 and 40 psi depending on the head type and head coverage.
She said there are several variables that come into play but at this time no auxiliary
pump has been required in the Village. It appears at this time our water pressure is
adequate for a fire sprinkler system.


        3.3 City Secretary: City Secretary Blevins reported she was working with Severn
Trent on cleaning up the water bills. She stated Compass Bank debited the City’s
checking account for a $100.00 set-up fee and she asked Severn Trent to refund the
money because the agreement was the City would not be charged any set-up fees. City
Secretary Blevins stated the City has hired Mina Graham as the new City Clerk.

       3.4 Building Official: Ted Lazarides stated there were 5 permits issued in
December and 29 inspections were performed. He stated he had signed one Certificate
of Occupancy for the Mennonite Church’s portable building.

The Building Official was excused at this time.

    3.5 Treasurer’s Report: Manisha Patel told Council the financials show two
consecutive months. No questions were presented.

    3.6 Engineer’s Report: Efrain Him of HDR/CMI stated he had completed and
submitted the information requested by the Texas Department of Rural Affairs in regards
to the Pine Chase/Glourie drainage improvement.

Efrain Him also stated he prepared an EECBG application requesting funding for City
Hall HVAC and City Street lighting upgrades. He also requested an extension for
information in regards to Hazard Mitigation Grant Program for Pine Chase/Glourie
Drainage & Paving Improvements Project due to the fact there was a mix-up on the
State side and the request was not delivered promptly.

Efrain stated the City has received funding approval from the State’s DEM to install a
new emergency generator at City Hall. He is currently coordinating the preparation of
contract documents for the installation of the emergency generator and the project
should be completed in six (6) to eight (8) weeks.

Efrain stated Harris County Flood Control District has requested the City sign a
Memorandum of Understanding between the City and the District. This understanding
will ensure the long term integrity of the map product, computer models and supporting
data prepared by HCFCD and FEMA in regards to new flood insurance rates.

Efrain reported there were some issues at the lift station over the weekend. A dish rag
had clogged one (1) of the pumps. Also, one of the level floats and the auto dialer were
not working. He reported Severn Trent unclogged the pump and reset the auto dialer.
Efrain has contacted Severn Trent and Pump & Power Equipment Company to
determine which level float failed and to find out why the auto dialer did not work.

Efrain reported AAA Asphalt has sealed the cracks on the asphalt pavement at Mallie
Court and 1226 Ridgeley Drive near Channel Crossing D. He stated the work was
performed under the one (1) year contract. Council Member Whiting confirmed that this
was only a temporary repair.

Efrain stated Harry Walker from HDR met with the Mayor and the engineers for 1209
Pine Chase regarding general issues on the drainage.

Mayor Pro Tem Castro said Council needed to decide what to do with the existing
portable generator the City owns.

4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):

     4.1 A motion was made by Mayor Pro Tem Castro to authorize the Mayor to execute
the Memorandum of Understanding between the City of Hilshire Village and Harris
County Flood Control District, seconded by Council Member Whiting. A vote was taken
to approve the motion to authorize the Mayor to execute the Memorandum of
Understanding between the City of Hilshire Village and Harris County Flood
Control District. The vote passed unanimously.

     4.2 No motion was made by Council to approve the final replat, subdividing the
property at 1209 Pine Chase and the relocation of the dedicated drainage
easement. There were no applications or replat turned into the City prior to the meeting
so a public hearing could not be scheduled. Council decided to discuss the issue.

Mayor Pro Tem Castro stated the natural retention pond was the best drainage system
and she would have liked to ask the 1209 Pine Chase engineers some questions before
they left. David Olson stated the developer does not have the authority to change the
drainage system. Council was the only one that has authority to change a drainage
easement. Mayor Border said Council could grant them the right to move the drainage if
they desired. The Mayor said the 1209 Pine Chase engineers had not discussed a 48”
pipe with the City. Council Member Davis stated Council did not have anything to
discuss until a plan was submitted. David Olson confirmed to Council Member Bristow
that the City owns the easement.

Council Member Whiting said she was going to go ahead and speak for Council and
state “this Council will not make any decisions until the proper paperwork and public
hearings are done”. She also stated the City owes the resident the opportunity to
present their proposal just like the City has allowed the Bridle Spur residents to submit
their proposal.

Council Member Wolfe said she appreciated everyone’s comments because the attorney
had said the City would have to pass the replat and she thinks this issue might have
passed.

Mayor Pro Tem Castro said Council has not been presented anything concrete to vote
on so this proposal would not have passed. She also stated the City has to look at both
sides.

David Olson reminded Council that there are two different issues being presented. The
drainage issue is one and the subdividing of the property is another. They need to be
voted on as two separate issues. He stated it is the subdividing of the property that
there should be no reason not to allow, if it meets the City’s ordinance and is not a
health and welfare issue.

    4.3 A motion was made by Council Member Whiting to table the motion to accept the
dedication of Bridle Spur as a public right-of- way, seconded by Council Member Davis.
David Olson stated the City has requested additional information from several of the
home owners and this information needs to be turned into the City prior to a vote. A
unanimous vote was made to table the motion to accept the dedication of Bridle
Spur as a public right-of-way.

5. DISCUSSION ITEMS:

     5.1 Water issues, 1100 Block of Glourie: Council Member Davis stated he was
working on the issue. He had a lengthy discussion with HDR’S expert on water issues.
Council Member Davis stated he has been looking into cast iron pipes. He said the
chlorine the City is mandated to put in the water sometimes develops brown water in
cast iron pipes. The brown water is harmless but looks disgusting. Also, low pressure is
also an issue that causes red water and is probably the reason the problem is
intermittent and not throughout the City. Council Member Davis said there are still water
valves that Severn Trent has not found and they might be causing some of the
problems. He said the good news is we are starting to understand the problem but no
solutions have been found at this time. Council Member Davis said he will continue to
work on the problem.

The City Engineer was excused at this time.

The City Attorney was excused at this time.

6. REPORTS TO COUNCIL:

    6.2 Mayor: NONE

    Whiting: Ridgeley Project Citizens Committee: Mayor Border asked Council
Member Whiting to check with Harris County if trees were not available through Trees of
Houston.

     6.3 HVCEFFC (Conduit Bonds): Mayor Pro Tem Castro requested Council be
updated on whom the Board Members are. Mayor Border stated the Board recently
voted on the positions and they were currently re-filing paperwork with the state to get
the Corporation reinstated.

7. CONSENT AGENDA:

     7.1 A motion was made by Council Member Wolfe to accept the consent agenda
including Minutes of the Council Meeting of December 15, 2009 and appointment of
Harley C. Robinson as a board member of the Subsidence District, seconded by Mayor
Pro Tem Castro. Council Member Wolfe questioned a reimbursement to the Mayor for a
breakfast.   A vote was taken to approve the motion to accept the consent agenda
7
Council Meeting, January 19, 2010
including Minutes of the Council Meeting of December 15, 2009 and appointment
of Harley C. Robinson as a board member of the Subsidence District. The motion
was passed unanimously.

8. ADDITIONAL CITIZENS COMMENTS:

Robert Wolf, 1205 Pine Chase, stated he talked to Fred Garcia from the Harris County
Flood District and determined Hilshire Village inherited the 1209 Pine Chase easement
in 1955. Harris County relinquished control at that time. Robert Wolf said Harris County
said they would have concerns if the water flow was increased.

June Sommer, 1114 Guinea Drive, said in the past there has not been any flooding.
Mayor Border stated that was incorrect. Several homes on Pine Chase have had water
in them. Mayor Border said he would like to see a system that would improve the
drainage for the Pine Chase/Glourie Loop.

Paul Maddock, 8 Hilshire Oaks, stated on Ridgeley during Hurricane Ike a 24” pipe did
block and it did flood. He stated three (3) residents dug the debris out. Mayor Border
stated there were a lot of heroic residents during the hurricane.

Council Member Whiting said regardless if you have open or closed drainage systems
you still have to maintain them and that costs money. She said both types of systems
have their own set of issues.

9. ANNOUNCEMENTS: NONE

10. ADJOURNMENT: Mayor Pro Tem Castro moved to adjourn, seconded by Council
Member Wolfe. The meeting was adjourned at 9:05 PM.



       ____________________
       Mayor Robin Border
ATTEST:

__________________________
Susan Blevins, City Secretary