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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 |