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Council Meeting, July 20, 2010
TUESDAY, July 20, 2010
REGULAR COUNCIL MEETING  
6:00 P.M.
 
 
1. CALL TO ORDER: Mayor Robin Border called the City of Hilshire Village Council
Meeting to order at 6:00 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 Shannon Whiting, Stephanie Post, Edward Davis and Bill Bristow.  Also
present were Chief Gary Finkelman, Spring Valley Police Department, Efrain Him, P.E.,
Claunch & Miller, Inc., Engineer for the City, Manisha Patel, City Treasurer, Ted
Lazarides, Building Official and David Olson, City Attorney, Olson & Olson.  
 
2. CITIZENS COMMENTS:
 
Cathy Shannon, 7914 Hilshire Green Drive, asked Council to assist in getting the yard
at 7919 Hilshire Green cleaned up.  City Secretary Blevins said she had sent a letter and
had a conversation with the owner.  She said she was told they were in the middle of
remodeling and cleaning up so the house could be sold.  Council asked the City
Secretary to send a certified letter requesting they abide by the ordinances.  
 
Diane Rager, 8213 Mallie Court, thanked Spring Valley Police for their success in
removing the homeless people from the intersection of I-10 and Wirt Road.     
 
Grady Farris, 1138 Glourie Drive, stated that no resident is entitled to receive
preferential treatment regarding the ordinances.  He said one of the examples of the
numerous instances wherein the City failed to require specific compliance was the
damage of his tree due to construction at 1134 Glourie.  Mr. Farris stated he has
repeatedly notified the City that his 75 year old water oak tree was fatally damaged in
2007 by the installation of the underground sump pump system installed at 1134 Glourie.  
He stated that by ignoring the killing of his tree the City has failed to enforce the Hilshire
Village Tree preservation ordinance.  
 
3. REPORTS TO COUNCIL:   
 
 3.1 Police: Chief Finkelman said during the month of June there was one (1) arrest
for a suspicious person near the church on Westview and Wirt in which the gentlemen
had outstanding warrants.  Chief Finkelman also stated so far this month they have
arrested one (1) solicitor going door to door and they also had a warrant for their arrest.  
The Chief stated Spring Valley Police arrested two (2) men in Spring Valley for theft of
tires.  The thieves were using GPS systems to mark the houses during the daytime and
then going back at night to remove the tires. Chief Finkelman stated that with the help of
the District Attorney’s Office, cooperation of TXDOT who put signs up and several
arrests, they had removed the homeless people from the Intersection of I-10 and Wirt.   
 
 3.2 Fire Commissioner:  Mayor Border reported that Chief Berousek put together a
narrative on the previous month’s activities and he will leave a copy at the City office for
any interested parties.  He stated the Fire Department was hit by lightning again.  The
loss in ‘09 was $10,000 and in ‘08 $12,000.  Hedwig Village and Village Fire Department
are looking into lightning protection.  The Mayor stated he would like for the other
Villages to be included. The commissioners passed a motion to change the day of the
meetings from the 3rd Monday to the 4th Wednesday of the month which will give the
Villages a few days to instruct their representatives on how they would like them to vote.  
The meetings will be held at Hedwig Village going forward.  The Mayor stated a
generator on the ladder truck burned up.  The Fire Department hired two (2) new firemen
from 80 applicants for the positions.   
 
 3.3 City Secretary:  City Secretary Blevins said the two drainage issues on the
complaint log have been reported to the City Engineer.  Council Member Whiting stated
that Royal Trash was combining garbage and trash together.  City Secretary Blevins
stated there should be three (3) trucks, one for garbage, one for recycling and one for
leaves.  City Secretary said she would discuss this issue with Royal.  Council Member
Post questioned the brown water complaints and asked if the City had followed up with
the residents on these issues.  City Secretary Blevins stated that from now on the
residents would be told that the City is aware of the problem and has done extensive
studies to assure the water was safe.  The brown water was unfortunately a nuisance
but was not a health issue.  The problem is caused by the combination of old iron pipes
and the chlorine that was required by TCEQ. She would advise the residents that some
residents have eliminated the problem by using a filtration system.  
 
City Secretary Blevins stated she will give Council a breakdown of the VFD’s audit
monthly.  She stated to date Hilshire Village’s cost was $322.50.   
 
City Secretary Blevins asked Council’s advice on how to resolve an issue regarding
1035 Ridgeley with an overcharge of water usage from 2009.  She stated the problem
existed prior to Severn Trent taking over the reading and billing of the water meters.  
Mayor Border stated that typically meters do not read over usage. They usually show
under usage. City Secretary stated that the City has replaced the meter at this address.
After discussion Council asked the City Secretary to put this problem on the Agenda as
an action item next month.   
 
3.4 Building Official:  Ted Lazarides stated there were twelve (12) permits issued
(included 1241 Archley) and nine (9) inspections completed in the month of June.  He
wanted to bring to the attention of Council a couple of issues.  One being that over time
landscaping has a tendency to grow and home owners raise their sprinkler heads to
accommodate the growth.  He stated if the backflow preventer is not raised it eventually
becomes ineffective and may lead to contamination of the potable water supply.  Ted
said the second issue is in regards to sewer lines in older homes that are being
remodeled. The sewer lines may be leaking and need to be tested to make sure raw
sewage is not leaking into the aquifer.  He wanted Council to be aware and advise him
on how they wanted testing enforced.  David Olson stated the 2009 Building Codes in
which the City has adopted gives the Building Official the authority to test and enforce
these issues.  
 
Back flow Prevention device:  Council discussed and it was decided that when the
inspector is on a jobsite for any reason, if accessible, he will check to see if the back flow
preventer for the irrigation system is more than “12” above the tallest sprinkler head”.  If
the back flow preventer is not the right height the inspector will note it on his inspection
sheet and the City office will send a letter to the home owner requesting the problem be
corrected and a back flow preventer pre-installation test be performed by a licensed
contractor.  The certification will need to be returned to the City or a citation would be
issued.  The City already enforces the need for vacuum breakers to be installed on all
outside hose bibs.
 
Sewer lines on homes being remodeled:  Ted stated that if a home is being
remodeled and if the home owner is replacing more than 60% of the plumbing fixtures or
the house is 25 years or older he would recommend that the plumbing contractor  
perform a sewer test inspection by the City inspector to ensure the integrity of the
system.  Ted stated when the plumbing inspector inspects the sewer he is certifying that
the sewer line holds water for its entire length (up to the sewer line tap).  He suggested
that the test be performed by having a 2” pipe with a 6’ – 8’ head of water compared to
new construction where you use a 4” pipe with a 10’ head of water.  After discussion
Council agreed with Ted’s recommendation.  
 
 3.5 Treasurer’s Report:  Manisha Patel presented the financial statements.  She
stated she was working with Amegy Bank in regards to transferring the $200,000 sitting
in the checking account that belongs to Metro into a CD. Mayor Border stated the City
needed to be aware that the City of Houston is drastically increasing the waste water
fees.  Spring Valley received their increase on sewer rates and they almost doubled.  
City Secretary Blevins said she had completed a comparison and if Hilshire Village gets
the same type of increases it would be devastating.  Mayor Border said the City of
Hilshire would have to pass on any increases to the residents.   
 
 3.6 Engineer’s Report:  Efrain Him of HDR/CMI stated he wanted clarification from
the City as to if the City wanted to purchase a 20kW or a 45 kW generator. He stated it
would be less expensive for the City to purchase a commercial generator than a
residential generator through the grant program.  Mayor Border stated it would cost the
City $8,750.00 through the HMGP grant for a commercial generator and it would cost the
City $8,900 for a residential generator.  Efrain stated the lifespan for a commercial
generator should be longer; however, it would need to have quarterly maintenance
performed.  Mayor Pro Tem Castro was concerned over the size and noise of a
commercial generator.   
 
Efrain stated he was reviewing the contract the City received from the Texas Department
of Rural Affairs (TDRA).  He stated the funding allocation for the City under this program
was $204,682.  Efrain stated that TDRA will contract directly with GrantWorks, the grant
administrator and HDR will provide the engineering services for the Pine Chase &
Glourie Drives Drainage Improvements.
 
Efrain stated he reviewed the agreement for Energy Efficiency and Conservation Block
Grant in which the City executed the documents on June 24, 2010.
 
HDR received the field information for the water valve inventory collected by Severn
Trent and is currently updating the City’s utility maps.   
 
Efrain stated he had been working with TCEQ regarding the City’s Emergency
Preparedness Plan and has requested a new contract from the City of Houston with the
required language in the City’s contract to meet TCEQ’s requirements.
 
Efrain stated the drainage plans for 1241 Archley were approved on June 16, 2010.
He also stated that the drainage plans for 1209 Pine Chase Drive were approved on July
7, 2010.  Efrain stated that he is working with the engineers for 8014 Bromley on
corrections to their drainage plans.  He also requested that 8209 Mallie Court’s drainage
plans be revised and resubmitted.  
 
Efrain stated that he included an up to date expenditure sheet on all grants in his report.
 
The Mayor stated he wanted to discuss the drainage pipe at 1209 Pine Chase and
would put it on the agenda for next month.  The Mayor said the majority of the water will
be flowing to the front of the property.  Efrain stated that each lot has their own individual
drainage system.
 
4.  ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):  
 
 4.1 A motion was made by Mayor Pro Tem Castro to approve a resolution authorizing
designated signators for the Texas Community Development Block Grant Program
Disaster Recovery Contract, seconded by Council Member Whiting.   Mayor Border
stated the resolution was a requirement of the CDBG Grant and it authorized Mayor Pro
Tem Castro, City Secretary Blevins and himself as signators of the grant.  A vote was
taken to approve a motion approving a resolution authorizing designated
signators for the Texas Community Development Block Grant Program Disaster
Recovery Contract.  The vote passed unanimously.
 
 4.2 A motion was made by Council Member Whiting to approve a resolution
establishing rules and regulations regarding the use of excessive force during nonviolent
civil rights demonstrations, including physically barring entrance to a facility or location
which is the subject of such demonstration and providing penalties for violations thereof
in the City of Hilshire Village, seconded by Council Member Bristow.   Mayor Border
stated the resolution was also a requirement of the CDBG Grant.  A vote was taken to
approve the motion approving a resolution establishing rules and regulations
regarding the use of excessive force during nonviolent civil rights
demonstrations, including physically barring entrance to a facility or location
which is the subject of such demonstration and providing penalties for violations
thereof in the City of Hilshire Village.  The vote passed unanimously.   
 
 4.3   A motion was made by Council Member Whiting to approve the selection of
either a 45 kW commercial or a 20kW residential emergency generator for City Hall,
seconded by Council Member Bristow.   Mayor Pro Tem Castro would like to know what
the maintenance cost would be for a commercial generator compared to a residential
generator, Council Member Whiting was concerned with the noise factor and Mayor
Border wanted to know if there would be additional engineering cost for the commercial
generator.  Efrain stated the residential unit would not require as much maintenance as
a commercial generator and when the City goes out for bids one of the requirements
would be a generator with low sound decibels.  He stated there would be a final report
required for the grant.  Council Member Davis stated he felt the quality of a commercial
generator would be better than a residential unit and the cost would be less.  Council
Member Whiting amended her motion to approve the selection of a 45 kW commercial
emergency generator for City Hall, seconded by Council Member Bristow.  A vote was
taken to approve the motion approving the selection of a 45 kW commercial
emergency generator for City Hall.  The vote passed 4-1.  Council Members, Post,
Davis, Bristow and Whiting voting for the motion and Mayor Pro Tem Castro voted
against the motion.  
 
The City Engineer was excused at this time.
 
 4.4 A motion was made by Mayor Pro Tem Castro to approve a change to the Fee
Schedule for generator permits, seconded by Council Member Bristow.  City Secretary
Blevins stated the electrical inspector did not feel the City required the appropriate
inspections for an installation of a generator.  She stated in the past the City did not
inspect the location of the generator until after the fact and did not have a ground
inspection for electrical and plumbing.  Council felt the permit cost for a generator was
extreme.  Council discussed alternatives to lower the cost.  Mayor Pro Tem Castro
amended the motion to approve a change to the Fee Schedule for Generator Permits.  
The new fees for a generator would be:   building permit $25, issuance fee $25 plus two
(2) inspections if pouring a slab and one (1) inspection if using a prefab pad.  Electrical
permit $25, issuance fee $25 plus two inspections and plumbing permit $25, issuance
fee $25 plus two inspections. A vote was taken to approve the motion to approve a
change to the Fee Schedule for Generator Permits.  The new fees for a generator
would be building permit $25, issuance fee $25 plus two (2) inspections if pouring
a slab and one (1) inspection if using a prefab pad.  Electrical permit $25, issuance
fee $25 plus two inspections and plumbing permit $25, issuance fee $25 plus two
inspections. The vote passed unanimously.   
 
The Building Official was excused at this time.
 
 4.5 A motion was made by Council Member Davis to approve a resolution of the City
of Hilshire Village approving the cooperation with the Gulf Coast Coalition of Cities to
review CenterPoint Energy Houston Electric LLC’S requested rate change, hire legal
and consulting services and to negotiate with the company and direct any necessary
litigation and appeals; finding that the meeting at which this resolution is passed is open
to the public as required by law; requiring notice of this resolution to the company and to
legal counsel, seconded by Mayor Pro Tem Castro. Mayor Border explained that he met
with Thomas Brocato with Lloyd Gosselink and they proposed the City adopt a resolution
joining the Gulf Cost Coalition of Cities to intervene in the PUC proceedings.  David
Olson did not believe the City had the right resolution.  City Secretary Blevins stated she
discussed the two resolutions with Thomas Brocato and he stated to use the resolution
presented to Council because the City had ceded exclusive original jurisdiction to the
Commission.  David said for Council to vote on the resolution that was presented and he
would call Thomas Brocato and confirm the information.  He stated the City could join
the coalition regardless if they had original jurisdiction.  A vote was taken to approve
the motion approving a resolution of the City of Hilshire Village approving the
cooperation with the Gulf Coast Coalition of Cities to review CenterPoint Energy
Houston Electric LLC’S requested rate change, hire legal and consulting services
and to negotiate with the company and direct any necessary litigation and
appeals; finding that the meeting at which this resolution is passed is open to the
public as required by law; requiring notice of this resolution to the company and
to legal counsel.  The motion passed unanimously.
 
Council Meeting recessed at 8:15 P.M.
 
Council Meeting reconvened at 8:27 P.M.
 
 4.6 A motion was made by Council Member Davis to approve the Village Fire
Department’s 2009 Intra Budgetary Transfers, seconded by Council Member Bristow.  
City Secretary Blevins stated this was the Fire Departments transfers to balance the
budget at year end.  A vote was taken to approve the motion approving the Village
Fire Department’s 2009 Intra Budgetary transfers.  The vote passed unanimously.
 
 4.7 A motion was made by Council Member Davis to approve the Village Fire
Department 2011 budget as presented, seconded by Mayor Pro Tem Castro.  Mayor
Border stated the budget proposed was $13,235 under last year’s budget.  He stated the
general fund increased by 1.87% and there was no contribution to the capital
replacement fund.  The Mayor stated this proposed budget was the best they could do to
maintain the quality of service the Cities have at this time.  A vote was taken to
approve the motion to approve the Village Fire Department’s 2011 budget as
presented.  The vote passed unanimously.
 
 4.8 CLOSED EXECUTIVE SESSION:  NONE
 
 
5. DISCUSSION ITEMS:
 
 5.1 Amending Ordinance 364 (Ref Article 9.100 Subdivision Regulations Section
9.117) to require property developers to reimburse the City for contracted service
costs applicable to the development.  City Secretary Blevins stated Council requested
that she recoup all cost related to the subdividing of 1209 Pine Chase.  She stated she
was only able to collect reimbursement for the engineering fees because of the way
Ordinance 364 was written.  David Olson stated that if Council would like, the City
Secretary can bring forth this item next month with a public hearing and then Council can
vote on the amendment to the ordinance.  David stated that a public hearing is required
but it does not need to be a public notification in the paper.  It just needs to be posted.  
Council agreed they would like to see this on next month’s agenda.   
 
 
The City Attorney was excused at this time.
 
6. REPORTS TO COUNCIL
 
 6.1 Mayor and Council:  
 
 Mayor:     Mayor Border stated the Mayor from Hunters Creek hosted a dinner for
Chief David Berousek and the Villages Mayors and their wives. Mayor Border thinks
Chief Berousek is doing a wonderful job and he is not costing the Villages any money.  
He comes with the audit.  Chief Berousek has started making changes.  He is evaluating
the department and will submit his plan.   
 
Mayor Border also stated he talked with Jeremy Phillips with Harris County regarding the
Debris Management Services Interlocal Agreement.  Mayor Border stated Harris County
wanted to know if Hilshire Village would like to be a member to the agreement again.  
Mayor Border stated he told them the City would like to participant again.  Mayor Border
reminded Council this agreement saved the City an enormous amount of money during
Hurricane Ike.  He stated the item would be on next month’s agenda.
 
 Whiting:   
       Bridle Spur:  NONE
 
          Ridgeley Improvement Committee:  NONE
 
Mayor Border told Council Member Whiting that he needed to know what expenditures
would be needed to finish the beautification project.  City Secretary Blevins stated if at all
possible the project needed to be completed prior to the next fiscal budget.   
 
7. CONSENT AGENDA:   
 
 7.1 A motion was made by Council Member Whiting to accept the consent agenda,
including Minutes of the Council Meeting of June 15, 2010, and the resolution adopting
the Harris County All Hazard Mitigation Plan, seconded by Council Member Post. A vote
was taken to approve the motion accepting the consent agenda, including Minutes
of the Council Meeting of June 15, 2010 and the resolution adopting the Harris
County All Hazard Mitigation Plan. The vote passed unanimously.
 
8. ADDITIONAL CITIZENS COMMENTS:    
 
Grady Farris, 1138 Glourie, stated Council previously discussed back flow prevention
and he agreed it was a critical element.  He stated that Ted Lazarides allowed an
underground sump pump system to be installed at 1134 Glourie without a back flow
preventer.  Mr. Farris stated when the Glourie Drive ditch is full of water; the runoff water
is allowed to backup in the sump pump system and then incapacitates the drainage
system.  He stated “for the record his back yard is still holding standing water after
prolonged rain fall and his property is still being adversely affected by the elevation
changes at 1134 Glourie Drive”.   
 
9.  ANNOUNCEMENTS:  NONE  

 
10. ADJOURNMENT: Council Member Whiting moved to adjourn, seconded by all of
Council.  The meeting was adjourned at 8:47 P.M.
 
                                                                                                                                                                           
 
       ____________________
       Mayor Robin Border                    
ATTEST:
 
__________________________
Susan Blevins, City Secretary