REGULAR COUNCIL MEETING FEBRUARY 20, 2007

1. CALL TO ORDER: The regular meeting of the City of Hilshire Village was called to order at 7:30 P M by Mayor Robin S. Border at 8301 Westview, Houston, Texas. Invocation was given by Zandra Anderson. Present were Council members Connie Castro, Brian Henault, Zandra Anderson, Mayor Pro-tem John Denninger and Shannon Whiting. Also present were Efrain Him of CMI, Engineers, and Alison Holland, of Olson and Olson, Attorneys.

Mayor Border presented the minutes of the meeting of January 16, 2007 for approval. Whiting made motion to accept minutes as presented, seconded by Henault, and motion carried unanimously.

2. CITIZENS COMMENTS: Bill Bristow (1233 Pine Chase) did not like wording on agenda that said “Council reserves the right to hold an executive session”; did not understand word “discretely presented component unit” as applied in Audit to be presented tonight. Border said Robert Belt of Sanderson, Knox and Belt, Auditors, would be available for questions later in evening. Don DeTata (1314 Bridle Spur) presented a history of Bridle Spur subdivision to Council and gave copy to Robert Byrne (1305 Bridal Spur). Byrne said that meeting with Bridle Spur residents on February 1, 2007 was positive and all residents wished to proceed with dedication of street to the City. Lawrence Dean (1306 Bridle Spur) was concerned about the street dedication process. Vernon Kahanek (8006 Bromley) was concerned about culvert at 1202 Glourie. Robert Derr (1225 Pine Chase) was concerned about how the Glourie culvert would affect drainage.

OUT OF ORDER OF AGENDA:

(Due to conflict of appointments of auditor)

4.9. Presentation of Audit for Financial Year October 1, 2005 through September 30, 2006 by Sanderson, Knox and Belt (Robert Belt): Robert Belt had presented Council previously with copies of audit. This present audit includes the Hilshire Village Cultural and Educational Finance Committee earnings last year of $18,000. Belt explained that “discrete” in the auditor’s language meant “separate” to answer a citizen’s inquiry. Whiting inquired about difference in sales tax receipts with the budget, and Border explained that Sanderson, Knox and Belt had done an audit of sales tax receipts (without charge) so it was corrected by State Treasurer. Beginning fund balance was $1,354,710 and ending fund balance was $1,513,339. Copies of this audit are on file for public view.

3. REPORTS TO COUNCIL:

3.1. Police: Detective Gary Finkelman presented the January Report. Total calls for service numbered 40. There was one assault (domestic violence at a church) that did not involve Hilshire Village residents. There were 5 alarm calls.

3.2. Fire Commissioner: Tom Archer, Fire Commissioner, said that Commission meeting was postponed to next week. He will give the February report in March.

3.3 .Treasurer: Tricia Fowler, Treasurer, presented the balance sheets and income statement as set up by Peachtree accounting system. She is in process of changing format so that other information, i.e. fund balances, may be depicted in greater detail. Year to date actual revenues for General Fund were $486,551.32, with expenses of $200,986.56.

3.4. Engineers Report: Efrain Him of CMI (Engineers for the City) distributed his written report. (1) There were six bids received for the 1209 Pine Chase drainage outfall improvements. Low bid was TEK Holdings for $23,987.50, and CMI recommends awarding the contract to TEK. (2) Electrical service at vaults under-way. (3) Ridgeley Drive Paving and utility project in process. Surveys delayed due to wet weather and CMI requests an extension of 45 days to complete preliminary engineering project. (See D&A, Item 4.3). (4) CMI is coordinating with Olson & Olson on the title search to determine ownership of “island” in Hilshire Woods subdivision. CMI reviewed and approved drainage plan for 1119 Glourie as requested by Ted Lazarides. CMI performed field trip with Mayor Border to address issues relating to erosion of Spring Branch Creek’s east bank allegedly due to Home Depot’s drainage outfall.

3.5. Building Official: Ted Lazarides, Building Official, read his previously distributed report. Several ordinances were reviewed that needed clarification. The building permit log is being attached now to his report to show permits issued. There were seven permits issued in January.

3.6. Mayor and Council Report: Border said 1119 Glourie culvert is under review. He appointed Denninger to review ordinances regarding “private culverts in ditches” so that it might be clarified. Ridgeley Circle ownership is still under investigation. Henault had submitted information that interviews for assistant City Secretary were still being conducted.

3.7. HVCEFFC (Conduit bonds): David Cheadle, President, said Hilshire Village had approved issuance of a tax-exempt loan to South Texas School of Law in the amount of $1,800,000. The transaction closed February 1, 2007 and HV will receive $15,000. South Texas Campus Sports Association (non-profit) is a new prospect. The loan would be for expansion and improvement of a multi-sports complex to be located at 10001 Stella Link The fee being offered to HVCEFFC is $15,000.

3.8. City Secretary: A log of permits issued was attached to Building Official’s Report. Utility bills for December/January have been mailed and late pay letters mailed as reminders. Earl Baker (8006 Anadell) complained of rusty water. He appears to be at the end of the line. It was suggested that he come in and view the water system as installed and any new proposed changes in lines.

CONSIDERATION AND POSSIBLE ACTION:

(Out of order of Agenda)

4.1. See below

4.2. To receive bids and award construction contract for 1205 Pine Chase outfall.

CMI had listed various bids and recommendation in their Report. It was moved by Whiting, seconded by Castro that contract be awarded to TEK Holding for $23, 987.50.

This motion was carried unanimously.

4.3. To allow CMI a 45 day extension of the delivery of the Preliminary Engineering Report (CMI). Due to wet weather, surveying could not be done as planned, so CMI was requesting a 45 day extension. It was moved by Anderson, seconded by Denninger that extension be granted, and motion carried unanimously.

Efraim Him of CMI was excused from meeting.

4.1. To authorize Councilwoman Whiting to coordinate with City attorneys and engineers to convey right of way for public use of Bridle Spur Lane (Whiting):

Whiting and the current residents met on February 1, 2007 and all ten have verbally agreed to move forward with the process to convey the right of way for public use. “They are eager to have their roadway improved and their utilities and drainage rehabilitated.” It was moved by Whiting, seconded by Anderson that Council authorize Whiting to author and execute deeds of dedication. Motion passed unanimously.

4.4. To set a date for Public Hearing on certain changes in Chapter 12, Zoning Ordinance changes: This was set for 7:00 P M on March 20, 2007 before regular Council meeting. See Item 7 under Discussion for listing of these items.

4.5. To authorize budgeted expenditures for City Hall computer and speaker systems upgrading (Henault). A written report was submitted by Henault of estimates of cost, but he believed that the City (with volunteer help) could purchase and install system for less than the outside $7,700. This item had been budgeted for fiscal year ending September 30, 2007 for $7,000. His estimate was about $1800 for microphones, speaker, etc. and about $3500 for network equipment for computers. It was moved by Whiting, seconded by Anderson that this work proceed, and motion carried unanimously.

4.6. To authorize to execute an employment contract for an assistant city secretary:

Mayor Border pointed out that the agenda is mistitled in that this will be an employee position, not a contract position. He argued that responsible management dictates that the most critical job in the City be covered by more than one person. Many citizens desired to have the City office open from 9 A M to 5 P M. The city office had been originally set up as regular hours from 9 to Noon for volunteers. It was moved by Castro, seconded by Anderson that Mayor extend an offer for an assistant city secretary. Discussion followed. The Mayor believed that there should be a back-up person. A vote was taken and motion carried 4-1, with Anderson opposed.

4.7. To amend Ordinance Chapter 3, Section 3.603 to add “right-of-way, easement” to the language. (Castro): This ordinance amendment was brought about by so much damage to street, so wanted to add “easement or any city right of way” during construction...” It was moved by Henault, seconded by Whiting that attorney prepare this ordinance and motion carried unanimously.

4.8. To amend Ordinance, Chapter 3, Section 3.608 to describe depth to which cables must be buried. (Castro): A section to be added, section 3.608 which shall read:

Cable: Telephone and coaxial cable shall be buried six inches in a PVC conduit. After some questioning, motion was made by Castro, seconded by Anderson that cable should be buried a minimum of six inches in PVC conduit, and motion carried unanimously.

4.9. Presentation of Audit: See page one (out of order of agenda)

5. RESOLUTION: Consideration and possible action:

Proposed Resolution (2-20-07) adopting Personnel Policy for the City, repealing all resolutions or parts of resolutions inconsistent or in conflict therein. The Personnel Policy was distributed previously to Council. It had been prepared by Olson and Olson, attorneys .There were several items in policy that needed to be revised as per comments by Council. This item tabled till revisions incorporated.

6. ORDINANCE:

AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF HILSHIRE VILLAGE, TEXAS, BY DELETING FROM CHAPTER 6 ALL OF ARTICLE 6.200 THEREOF AND SUBSTITUTING THEREFOR A NEW ARTICLE 6.200, REGULATING THE DISPOSAL OF GARBAGE, TRASH, RUBBISH AND JUNK; PROVIDING DEFINITIONS; PROVIDING SPECIFICATIONS FOR RESIDENTIAL WASTE COLLECTIONS; PROVIDING SPECIFICATIONS FOR DUMPSTERS, REGULATING THE LOCATION OF DUMPSTERS; REQUIRING DUMPSTERS TO BE SCREENED FROM VIEW; PROVIDING AN EXEMPTION; PROVIDING STANDARDS FOR THE MAINTENANCE OF DUMPSTERS; PROVIDING FOR THE REPLACEMENT OF DUMPSTERS UPON NOTICE; PROHIBITING THE BURNING AND BURYING OF GARBAGE, RUBBISH, TRASH AND JUNK; PERMITTING COMPOSTING; PROVIDING FOR THE ASSESSMENT OF A FEE; PROVIDING FOR A PENALTY IN AN AMOUJNT NOT TO EXCEED $2,000; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.

Council members made suggestions about changes to ordinance, namely Section 6.204b in regard to time restriction for curbside pickup; 6.205a-location of dumpsters, and deletion of 6.210 Fee. Castro made the motion to incorporate these changes, seconded by Anderson, and motion carried unanimously.

B. General and Special Election/Order of Election

AN ORDINANCE OF THE CITY OF HILSHIRE VILLAGE, TEXAS PROVIDING FOR THE HOLDING OF A GENERAL AND SPECIAL ELECTION ON MAY 12, 2007 FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEMBERS FOR A TERM OF TWO (2) YEARS AND ONE (1) COUNCILMEMBER FOR AN UNEXPIRED TERM ENDING MAY 2008; AND PROVIDING DETAILS RELATING TO THE HOLDING OF SUCH ELECTIONS.

It was moved by Whiting, seconded by Henault that ordinance be approved, and motion

carried unanimously.

The Mayor then called for a recess. Time: 10:40 P M

The Mayor reconvened the meeting at 10:50 P M.

7. DISCUSSION: The following items were listed to be discussed at the public hearing at 7:00 P M prior to regular Council meeting on March 20, 2007:

Ord. Chap. 12, Sec. 11.04.02 to limit the size of garage to 1,000 square feet

Ord. change to eliminate conflict between Chapter 12, Sec. 02:C-03 car port and 02:P-04 porte-cochere

Ord. Chapter 12, Section 11:01:05: Amend language to add “detached” to describe the garage

Ord. Chapter. 12, Section 11.01.07 to add language requiring permit holder to furnish drainage plans stamped by a professional drainage engineer.

8. CONSENT AGENDA: Disbursements, deposits; professional service invoices. It was moved by Henault, seconded by Castro that consent agenda be approved, and motion carried unanimously.

9. MAYOR AND COUNCIL COMMENTS: Whiting said a resident was requesting that the City or Civic Club write a letter to post office stressing that mail service was erratic, and could it be improved.

10. ADDITIONAL CITIZENS COMMENTS: Bill Bristow(1233 Pine Chase) said a light was needed at front door of building so that agenda could be seen. The lights at walkway were insufficient. He also commented the acoustics were bad in this building.

11. ANNOUNCEMENTS: Mayor Border said that a 30-foot long gooseneck trailer, called “Hazmobile” specially designed to haul household hazardous wastes was introduced by the County. It is designed to haul household hazardous waste such as lawn and garden chemicals, paint products, household chemicals, etc. The first pick-up will be at Leon Grayson Community Center, 13828 Corpus Christi Street, Houston, Texas 77015 on Saturday, February 10^th from 9Am to Noon. After this, the Hazmobile will be available for collection events to Harris County Groups such as civic clubs and churches.

12. ADJOURNMENT: It was moved by Denninger, seconded by Whiting that meeting be adjourned. Meeting adjourned at 11:20 P M.

_____________________

Robin S. Border, Mayor

ATTEST:

_______________________

Claudia Bammel, City Secretary