City Council Minutes

TUESDAY, March 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 7:07 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, Shannon Whiting, Edward Davis and Bill Bristow. Also present
were Efrain Him, P.E., Claunch & Miller, Inc., Engineer for the City, Ted Lazarides,
Building Official and City Attorney, David Olson, Olson & Olson. Manisha Patel, City
Treasurer was absent.

2. CITIZENS COMMENTS: Russell Post, 8014 Bromley Drive, advised Council he
has a proposal for the City concerning local flood issues. Mr. Post is in the process of
examining rebuilding their home after it was flooded during Hurricane Ike. He stated
he thought it would be beneficial for him and the City for him to build an elevated
foundation that would not displace permeable ground. It has come to his attention that
there is a provision of the National Flood Insurance Policy for supplemental insurance for
those who rebuild with elevated foundations. The city has adopted, under Article 3.300
of the City Code, the Federal Flood Drainage Plan. However, it does not deal with
local flood issues. Hilshire Village does have some flood hazards for houses with the
same elevation as the street level. The proposal he is making would require homes
to be rebuilt one (1) foot above the highest grade level if they meet the following criteria:
1. Home was designated high risk by the official survey (red houses).
2. If previously flooded, the home had suffered damage that would cost over 50% of
the market value of the home to repair.
3. If both previous conditions are met, the homes are to be demolished and rebuilt.
This would be a good policy for the City as it would mitigate flood hazards and also the
home owners would qualify for subsidized insurance payments to help them rebuild.

Alan Wolfe, 1314 Pine Chase Drive, stated he was opposed to the subdividing of any
properties within Hilshire Village, the segregation of the proposed Pine Chase property,
the alteration of any natural land force as they exist, anything that leads to the density of
residential structure in Hilshire Village and the construction of excessively large homes
on smaller lots. He encourages the City to have additional studies made on the ravine
on Pine Chase and that it should be returned to its natural state. He also complained
about the construction and lawn mowing that goes on in the City during restricted hours.

3. REPORTS TO COUNCIL:

3.1 Police: Mayor Robin Border read Chief Finkelman’s report stating there were no
major incidents in February. He stated there were two (2) arrests resulting from a single
traffic stop where the driver was arrested on a traffic violation and a passenger was
arrested on outstanding warrants with the Harris County Constable’s Office and the
Pearland Police Department.

3.2 Fire Commissioner: Mayor Border reported there would not be a report and Fire
Commissioner Archer and Alternate Fire Commissioner Labbe’ gave their resignation to
the City.

     3.3 Auditors Review 2008-2009 Financials:   Nathan Krupke from Belt Harris &
Associates. Mr. Krupke advised Council that page one of the report gives the City an
unqualified clean opinion which is the highest level of assurance stating the financials
were free from material mistakes and contained all required disclosures under GAAP.
Page 21 of the report showed the Income Statements for different funds. The General
Fund financials showed an ending balance of $230,000 which is approximately three (3)
months worth of expenditures so the City is in a good position at the year end. The City
is aware and does look at taking care of costs. Page 22 shows the Income Statement
for the Water/Sewer Fund. The ending balance was a loss of $25,000 and that was
directly related to depreciation – a non cash item. Depreciation is calculated on the
assets associated with the City and an annual amount is shown on the books each year.
The Council needs to keep the depreciation in mind during the budget as the
depreciation will need to eventually be recovered as the assets (utility lines) will need to
be replaced at some point. Mayor Border informed Nathan and the audience that this
was the reason the City increased their water rates so the funds could be put in reserve
for repairs. The rest of the report was updated with current year information.

3.4 City Secretary: City Secretary Blevins reported Severn Trent delivered red tags
to 14 houses and out of the 14 two houses had their water shut-off for lack of payment.
She reported none of the Council candidates were contested and she will be canceling
the election with Harris County and would have the appropriate ordinance for Councils
approval next month. City Secretary Blevins attended a Public Information Act Seminar
put on by Olson and Olson and David Olson reminded Council that facebook and twitting
should be treated the same as email correspondence and copies should be kept in the
City records. She updated Council on the cost of the Farris lawsuit. Actual cost to date
was $19,753.70. City Secretary Blevins said the ordinance in the Consent Agenda was
to balance the budget after the auditors had completed their audit. She asked Council to
add the Amegy Bank expenditure of $191.23 to the Consent Agenda. City Secretary
Blevins reported she sent out an email to the residents reminding them of the
importance of the Census. She also stated the paperwork on 1209 Pine Chase was
preliminary replat information and David Olson said the re-platting company just wanted
feedback if any, from Council.

3.5 Building Official: Ted Lazarides stated it was very quiet in the permitting area.
There were three (3) permits and five (5) inspections. He stated he and City Secretary
Blevins had prepared the paperwork for the ISO ratings and would be having a meeting
with their representatives next week. Ted reported he had met with several other
Building Officials from the other Villages and they all were proposing the adoption of the
2009 ICC Codes instead of the 2006. He suggested appropriate modifications be
adopted at a later date.

3.6 Treasurer’s Report: City Secretary Blevins reported Treasurer, Manisha Patel, was
not able to attend but she had prepared a report stating she was going to supply a report
monthly showing any large variances from actual finances to the budget. Her report this
month states Franchise and Sales Tax income was under budget and the City Secretary
would be investigating why Verizon’s quarterly checks were so low. Manisha reported
Building Permit Income was low and Utility Billing Interest Income was low. City
Secretary Blevins stated the Utility interest income would continue being under budget
since we were cutting water off when residents did not pay their bill. Manisha’s report
also stated she and City Secretary Blevins met with Amegy Bank to see if more interest
could be made. The conclusion was nothing could be done about the interest but the
City could move their money around so the service charges would be less. City
Secretary Blevins stated she had received a letter from the State Comptroller’s Office
stating the City’s sales tax income was low this month due to a refund to a customer who
had paid taxes to the wrong city. Mayor Border requested an audit be done on the sales
tax customers.

3.7 Engineer’s Report: Efrain Him of HDR/CMI stated he had prepared a supplemental
information package to address additional requirement by FEMA on February 26, 2010.
He requested a proposal from Dabhi Engineering for electrical and plumbing engineering
services associated with the emergency generator at City Hall and he was proposing
Council approve the cost of these services. Efrain stated he prepared the City’s
Emergency Preparedness Plan and submitted it to TCEQ on March 1, 2010. He is
expected to receive a waiver regarding requirements from TCEQ due to the fact the
Cities gets their water directly from the City of Houston.

Efrain has furnished electronic and hard copies of the Ridgeley Drive Reconstruction
Projects to Severn Trent Services and copies of the Comprehensive Underground Utility
Assessment study that was conducted in 2004 to help with the location of the water
valves.

He reviewed the Bridal Spur survey and right-of-way documents on February 19, 2010.
He also provided recommendations on the planting of trees and shrubs in the storm
water channel crossings. He also provided electronic copies of recorded drawings from
the Ridgeley Drive Reconstruction Projects showing the location and depths of the
existing and new utilities in these areas.

Efrain met with AAA Asphalt and they have made all warranty repairs that he had
requested.

Mayor Border requested City Secretary Blevins to supply Council with a breakdown of
how much money has been spent to apply for the various grants. Council Member
Davis said he would like a breakdown of what the grants are and for how much money
they are for.

4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):

4.1 A motion was made by Mayor Pro Tem Castro to proceed with electrical
engineering services associated with the City Hall Generator by Dabhi Engineering, Inc.
(Sub consultant to HDR/CMI) for a total cost $5,500 ($5,000.00 for Dabhi Engineering +
10% administrative mark-up for HDR/C&M), seconded by Council Member Davis. A
vote was taken to approve the motion to authorize HDR/CMI to proceed with
electrical engineering services associated with the City Hall Generator by Dabhi
Engineering, Inc., (Sub consultant to HDR/CMI) for a total cost $5,500 ($5,000
Dabhi for Engineering + 10% administrative mark-up for HDR/C&M). The vote
passed unanimously.

OUT OF ORDER:

5. DISCUSSION ITEMS:

5.2 Water issues, 1100 Block of Glourie: Council Member Davis said it is the
reaction between the chemicals that clean the City’s water and the City’s cast iron pipes
that produces rust. One question is why the problem exists primarily in the 1100 Block
of Glourie and what can be done about it. He stated the water is bought and delivered to
the City by the City of Houston at a location by the new park. The water comes to us
treated and ready to drink. The City does not have a storage tank where it could be
pressurized. The only thing that happens to the water while it is in the City’s possession
is that rust accumulates in parts of the pipes in Hilshire Village. It is not dangerous but it
is annoying. The only thing the City could do is to get rid of all the cast iron pipes in the
Village. Council Member Davis believes if the City was to reverse the flow of water in
the individual pipes it might help the situation. He spoke to the Fire Chief who stated he
would be doing their annual flushing of the fire hydrants next month. The flushing might
cause an outbreak of red water. It is possible to use the flushing and manipulation of the
valves in the system to artificially produce a flow reversal. This is not what the Fire
Department does. They check the fire hydrants physically. Council Member Davis said
we need to have a crew to help with the blocking of the valves but the City does not
have its own water crew.

The City Engineer was excused at this time.

4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):

4.2 A motion was made by Mayor Pro Tem Castro to approve a resolution showing
Council’s support of the Village Fire Department and the Interlocal Agreement, seconded
by Council Member Wolfe. A vote was taken to approve the motion to approve a
resolution showing Council’s support of the Village Fire Department and the
Interlocal Agreement. The vote passed unanimously.

4.3 A motion was made by Council Member Whiting to approve an ordinance
adopting 2009 Building Codes, seconded by Mayor Pro Tem Castro.   The Building
Official, Ted Lazarides, stated fire protection is addressed in the 2009 Building Codes
and the Fire Department has recommended that the City pass these new codes. Ted
made some suggestions to David Olson for exceptions to the codes. David Olson stated
this will update us to the most recent codes. He stated the ordinance is written in a
matter that whichever is the more restrictive, the City’s Ordinances or the 2009 ICC code
will prevail. A vote was taken to approve an ordinance adopting the 2009 Building
Codes. The vote passed unanimously.

The Building Official was excused at this time.

OUT OF ORDER:

7.3 A motion was made by Council Member Davis to approve the Mayor to sign a
contract with DeltAlert Systems for Resident Notification of Emergencies, Special
Situations between the City of Hilshire, Village Fire Department and the other Memorial
Cities, seconded by Council Member Whiting. David Olson pointed out this is approving
a contract between DeltAlert, City of Hilshire and the other Villages. It does not include
the Village Fire Department as part of the contract. He believes this agreement should
be approved by the Commissioners not the City. He does not believe the contract spells
out all the conditions properly. Mayor Pro Tem Castro made a motion to table the
motion, seconded by Council Member Bristow. A vote was taken to table the motion
to approve the Mayor to sign the DeltAlert Systems for Resident Notification of
Emergencies, Special Situations between the City of Hilshire, Village Fire
Department and the other Memorial Cities. The vote passed unanimously.

7.4 A motion was made by Council Member Wolfe to approve the Mayor to sign a
contract with DeltAlert System for Resident Notification of Emergencies and Special
Situations between the City of Hilshire Village, seconded by Council Member Whiting.
David Olson said he did not have a problem with the Mayor signing this contract. He
said there was not a risk in signing the contract. David Olson made some minor
changes which was included in Councils packet. A vote was taken to approve the
Mayor to sign a contract adding the changes stated by David Olson, with
DeltAlert System for Resident Notification of Emergencies and Special Situations
between the City of Hilshire Village. The vote passed unanimously.

7.5 A motion was made by Council Member Whiting to approve an ordinance
amending the FYE 2009 Budget, seconded by Council Member Wolfe. Mayor Border
stated the budget was not short but this was to balance the budget. The ordinance was
transferring line items as a result of the audit. A vote was taken to approve an
ordinance amending the FYE 2009 Budget. The vote passed unanimously.

5. DISCUSSION ITEMS:

OUT OF ORDER:

5.3 Proposed amendment to the Flood Control Ordinance: Council Member
Wolfe commented on Section 3.340 B where it states the structure will be elevated to
one (1) foot above the highest adjacent grade. Mr. Post discussed one (1) foot above
the foundation of the house. She wants to make sure the ordinance is clear that it is the
foundation of the house that is elevated. Mayor Border stated the City Engineer wanted
the ordinance abbreviation of FF to state “finish floor”. Council Member Wolfe also
thought clarification should be made on who is eligible. David Olson advised Council to
be careful of defining who is classified as high risk. He stated it is a Flood Insurance
issue. Council Member Whiting stated she would like the City’s attorney to look into the
matter.

5.1 Hilshire Village Police Contract: Council Member Bristow wanted clarification
of Section III. Mayor Border stated this is just a discussion and the contract amount has
not been given to the City at this time. He is assuming the increase will probably be a
6% increase of last year’s cost of ($309,000) which will be approximately $336,000.
David Olson said he did not have a problem with the City signing the contract once the
contract amount was agreed upon. Mayor Border said it was a three (3) year contract
renewable each year. Council Member Bristow said he would like to see a police officer
at each Council Meeting.

4.4 A motion was made by Council Member Whiting to approve the expenditures for
possible piping, meter vault and security cover at 1003 Wirt Road not to exceed
$4,000.00, seconded by Mayor Pro Tem Castro. Mayor Border stated the meter box is
in terrible shape, the box is crumbling, water is leaking and it is a serious safety issue,
especially when the park opens. A vote was taken to approve the expenditures for
possible piping, meter vault and security cover at 1003 Wirt Road with a not to
exceed amount of $4,000.00. The vote passed unanimously.

4.5 A motion was made by Council Member Whiting to approve the use of Metro
funds for purchasing and planting trees and shrubs at culvert crossings along Ridgeley
Drive as part of the Ridgeley Improvement Project and not to exceed $30,000.00,
seconded by Council Member Davis. Council Member Whiting stated Council originally
had earmarked $40,000.00 for Ridgeley Improvement. She was asking Council for a not
to exceed $30,000.00 amount because the cost estimates she has for trees and
watering was $18,000.00 but the cost does not include shrubs. Council Member Whiting
stated the committee is recommending native selections of trees and shrubs that will
withstand the City’s climate swings and be self sustaining after an initial period of
irrigation. She stated the committee is proposing to contract out the watering under a
two year contract wherein the trees planted will be watered for that period of time.
Mayor Border asked if the Committee thinks they could have everything done for
$25,000.00. Council Member Whiting amended her motion to add a not to exceed
amount of $25,000.00, seconded by Council Member Davis   A vote was taken to
approve the use of Metro funds for purchasing and planting trees and shrubs at
culvert crossings along Ridgeley Drive as part of the Ridgeley Improvement
Project not to exceed $25,000.00. The vote passed unanimously.

4.6 A motion was made by Mayor Pro Tem Castro to appoint City Council Members to
the Board of Commissioners for the Village Fire Department, seconded by Council
Member Whiting. Mayor Border stated both Commissioners verbally resigned from their
positions. He stated in the coming year it will be Hilshire Village’s turn to Chair the Fire
Commission and have the responsibility of putting the budget together. Mayor Border
stated to his knowledge all the other Villages will have a Council Member as a
Commissioner. His thoughts were for him to fill the Fire Commissioners seat temporarily
until the budget and the hiring of a new Chief has been completed. He also thought
Mayor Pro Tem Castro should fill the alternate position. Mayor Border stated the Fire
Commissioner needs to do what his City Council wants as best for the City. Council
Member Bristow thought it was a good idea for Mayor Border to handle the budget
because he has the experience needed. He would also like the Commissioner’s report
to be more thorough. Council Member Wolfe did not think it was good idea for the
Mayor to be the Commissioner due to all the political conflicts. She stated there was
already a morale problem. Mayor Border stated he did not foresee any problems and
everyone wanted the same results. He confirmed with the other Cities to make sure
there were not any other Mayors that would be on the Commission. Council Member
Bristow encouraged Council and citizens to attend the meeting. Council Member
Whiting stated she understood Council Member’s Wolfe’s concerns; however, she knew
the Mayor was the best choice for developing the budget. She encouraged the Mayor to
be open minded, to be a facilitator and to try to help the Commission work more
efficiently. Mayor Border stated he also wanted Council to know there was a provision in
the Fire Departments benefit package to pay out to anyone that has 20 years and a day
service and is at least 55 years and a day old and if they take retirement the provision is
that VFD will pay 100% of the employee’s medical health care special policy bills until
they are 65. He has asked Robert Belt to see if that is going to be another un-funded
issue. Mayor Pro Tem Castro amended her motion to read “to appoint Mayor Robin
Border as the Fire Commissioner and herself as the Alternate Commissioner”, seconded
by Council Member Whiting. A vote was taken to appoint Mayor Robin Border as
the Fire Commissioner and Mayor Pro Tem Castro as Alternate Commissioner.
The vote passed 4-1, Council Members Whiting, Bristow, Davis and Mayor Pro
Tem Castro voted for the motion and Council Member Wolfe against the motion.

5. DISCUSSION ITEMS:

5.4 Proposed subdivision of 1209 Pine Chase into two lots, while leaving
drainage easement unchanged: Mayor Border stated both lots would meet all building
requirements. He also stated the City will have thirty (30) days to make a decision after
the developer presents his package to the City. City Secretary stated the builder said all
paperwork would be turned in prior to the next Council Meeting. Council Member
Bristow asked if the City could have the developer take the pipe out of the easement.
Mayor Border stated the City could take the pipe out at anytime if they decided to do so.
He did not believe the developer would pay to remove the pipe since the developer has
been against the open ditch concept from the beginning. Council Member Wolfe was
against the subdividing of the property because of the cost to the City for utilities.

6. REPORTS TO COUNCIL:

Mayor Border: Hickory Shadows County Park: Mayor Border stated he was
pleased to announce the County had named the park “Hickory Shadows County Park”.
Mayor Pro Tem Castro said the Civic Club, the City and Harris County would officially
have the opening of the Park on May 1st from 1:00 PM to 3:00 PM with an ice cream
social. The official ribbon cutting will be at 1:30 PM.

Centerpoint Energy Gas Rate Case Decisions: Mayor Border stated he was
pleased that Centerpoint received a $5,000,000 rate increase instead of the $25,000,000
for which they were asking. Unfortunately, the residential customers would incur the
biggest part of the increase because they lowered the commercial rates. He stated this
should increase the City’s franchise tax.

Whiting: Bridle Spur: No Report

6.3 HVCEFFC (Conduit Bonds): No Report

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 February 16, 2010, and adding the invoice to
Amegy Bank in the amount of $ 191.23, seconded by Council Member Davis.   A vote
was taken to approve the motion to accept the consent agenda including Minutes
of the Council Meeting of February 16, 2010, and the addition of the invoice to
Amegy Bank in the amount of $191.23. The motion was passed unanimously.

8. ADDITIONAL CITIZENS COMMENTS:

Alan Wolfe, 1314 Pine Chase Drive, stated it was unclear what purpose the meter vault
at 1003 Wirt serves. Also, there have been several discussions and comments on
impervious versus pervious drainage. He said the use of black star gravel does not
mean we have created pervious drainage conditions. If the backer for the gravel is
wrong, then a dam effect may have been created. One option is to take out concrete to
slow the velocity of water flow and increase permeable area. The Arboretum has a good
example in the bird observation area. Alan said conversations with citizens on drainage
have contained comments about state laws and how they pertain to the alteration of
water flow across natural land. Indications on items read would support the fact that
water flow is part of drainage and alteration of natural water flow would violate state law.
He stated the City needs to be aware of the cost of utilities at 1209 Pine Chase.

9. ANNOUNCEMENTS: None

10. ADJOURNMENT: Council Member Bristow moved to adjourn, seconded by Mayor
Pro Tem Castro. The meeting was adjourned at 10:52 PM.



       ____________________
       Mayor Robin Border
ATTEST:

__________________________
Susan Blevins, City Secretary