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MINUTES CITY OF BUNKER HILL VILLAGE, TEXAS REGULAR MEETING NOVEMBER 20, 2007
Mayor Pro Tem Essary called the regular meeting of the City Council of the City of Bunker Hill Village to order at 5:00 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, Houston, Texas.
I. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE Present: Mayor Pro Tem Derry Essary Also in Attendance: Councilman Keith Brown Ruthie Sager, City Administrator Councilwoman Susan Schwartz Steve Smith, Director of Public Works Councilman Dave Ellis Kelly Johnson, City Secretary Councilman Jay Smyre
Mayor Pro Tem Essary asked Joe Steakley, a 9th grade student working on his Eagle Scout Badge, to lead the audience in the pledge of allegiance. II. GREET GUESTS, MAYOR PRO TEM’S REPORT A. NOTICE OF HARRIS COUNTY MAYORS’ & COUNCILS’ ASSOCIATION ADOPTION OF A RESOLUTION HONORING MAYOR BILL MARSHALL Mayor Pro Tem Essary reported that he had accepted a Resolution, in honor of Bill Marshall, at the monthly meeting of the Harris County Mayors’ and Councils’ Association Dinner. B. DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FROM THE CITY OF PINEY POINT VILLAGE FOR BUNKER HILL TO PARTICIPATE IN THE ANNUAL CAROL TREE CELEBRATION BY FUNDING PARTIAL PAYMENT FOR SNOW IN THE AMOUNT OF $1,000 Motion was made by Councilman Ellis and seconded by Councilman Brown to appropriate $1500, as requested by Piney Point Village, as partial payment for snow at the Winter Festival scheduled for Sunday, December 9, from 3 to 5 p.m. at the Memorial Drive Baptist Church. Motion carried 5-0. C. DISCUSSION AND POSSIBLE ACTION REGARDING CANCELLATION OF DECEMBER 2007 COUNCIL MEETING Motion was made by Councilwoman Schwartz and seconded by Councilman Brown to cancel the December, 2007 regular council meeting. Motion carried 5-0. D. MANAGEMENT LETTER FROM NULL LAIRSON REGARADING 2006 FINANCIAL AUDIT Mayor Pro Tem Essary reported that there were a number of issues pointed out in the 2006 audit management letter from Null Lairson. These issues have been addressed by the financial committee. They are also considering hiring a person, on a quarterly basis, to review accounting functions. Mayor Pro Tem Essary stated there was nothing regarding mismanagement of cash or irregularities in the financials. E. COUNCIL/STAFF RETREAT HELD OCTOBER 30 & 31, 2007 Mayor Pro Tem Essary thanked the members of city council who attended the retreat. He stated it was very productive in terms of challenges that fare facing the council. F. MEETING SCHEDULED WITH HARRIS COUNTY FLOOD CONTROL DISTRICT REGARDING IMPROVEMENTS TO W151 Mayor Pro Tem Essary reported that he and Councilman Ellis will attend a meeting at the Harris County Flood Control District with Mike Talbott and Steve Fitzgerald to get an update on the implementation stage of the W151 study. III. CONSENT AGENDA “ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION, THERE WILL NOT BE SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.” A. MINUTES OF THE FOLLOWING MEETINGS: 1. OCTOBER 16, 2007 REGULAR COUNCIL MEETING 2. OCTOBER 30 & 31, 2007 RETREAT B. OCTOBER 2007 FINANCIAL REPORT C. CALCO CONTRACTING, LTD., PAY ESTIMATE NO 10, CUT OFF DATE NOV 1, 2007 D. GEOTEST ENGINEERING, INC, INVOICE NUMBER 18560, DATED OCTOBER 28, 2007 IN THE AMOUNT OF $5,297.75 FOR BUNKER HILL RD DRAINAGE IMPROVEMENTS E. KLOTZ ASSOCIATES, INVOICE 1007022, DATED OCTOBER 19, 2007 IN THE AMOUNT OF $2,149.96 FOR ENGINEERING SERVICES FROM SEPTEMBER 16, 2007 TO OCTOBER 15, 2007 IN CONNECTION WITH ON-CALL CONTRACT: BRANCH BEND MEDIANS F. KLOTZ ASSOCIATES, INVOICE 1007034, DATED OCTOBER 23, 2007 IN THE AMOUNT OF $2,028.13 FOR ENGINEERING SERVICES FROM SEPTEMBER 16, 2007 TO OCTOBER 15, 2007 IN CONNECTION WITH BUNKER HILL ROAD/MEMORIAL DRIVE SIDEWALK AND DRAINAGE IMPROVEMENTS G. KLOTZ ASSOCIATES, INVOICE 1007039, DATED OCTOBER 23, 2007 IN THE AMOUNT OF $1,575.00 FOR ENGINEERING SERVICES FROM SEPTEMBER 16, 2007 TO OCTOBER 15, 2007 IN CONNECTION WITH WILLIAMSBURG LANE STORM WATER IMPROVEMENT PROJECT – PROPOSAL STAGE H. CONSOLIDATION OF BANK ACCOUNTS TO STREAMLINE OPERATIONS AND TO OBTAIN A HIGHER INTEREST RATE Motion was made by Councilman Ellis and seconded by Councilman Brown to approve all items on the consent agenda. Motion carried 5-0. IV. CONSIDERATION AND POSSIBLE ACTION REGARDING APPOINTMENT OF MAYOR TO FILL THE UNEXPIRED TERM OF BILL MARSHALL Motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to appoint Derry D. Essary to fill the unexpired term of former Mayor William H. Marshall. Motion carried 4-0. John Olson administered his Oath of Office. V. CONSIDERATION AND POSSIBLE ACTION REGARDING POSITION OF MAYOR PRO TEM Motion was made by Councilwoman Schwartz and seconded by Councilman Smyre to appoint Dave Ellis to the office of Mayor Pro Tem. Motion carried 4-0. VI. DISCUSSION AND POSSIBLE ACTION REGARDING SELECTION OF FIRM TO CONDUCT THE 2007 ANNUAL FINANCIAL AUDIT Motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to approve the proposal submitted by Sanderson, Knox and Belt to conduct the 2007 financial audit in an amount not to exceed $12,950. The option to conduct the 2008 audit in an amount not to exceed $13,727 was approved subject to the funds being appropriated in the 2009 budget. Robert Belt gave a brief overview of their firm and offered to answer any questions. Mayor Essary stated that the audit committee had met with Mr. Belt and recommended the firm for the 2007 & 2008 audits. Motion carried 4-0. (Derry Essary, as Mayor of Bunker Hill Village, can only vote in the case of a tie vote.) VII. CITIZENS’ COMMENTS The following spoke regarding their opposition to installation of a left turn lane at the Memorial Gessner intersection: Sally Curtis, Ed Hanson, Andrea Hite and Barbara J. Van Hook. VIII. DISCUSSION AND POSSIBLE ACTION REGARDING MEMORIAL GESSNER INTERSECTION A. COMMITTEE REPORT Councilman Ellis presented the attached committee report which is made a part of the official minutes of the November 20, 2007 council meeting. After a lengthy discussion regarding the traffic congestion at the Memorial Gessner intersection, motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to table this item until January, 2008. Motion carried 4-0. IX. DIRECTOR OF PUBLIC WORKS REPORT A. FINAL REPORT ON BUNKER HILL ROAD DITCH ENCLOSURE PROJECT Steve Smith reported that the Bunker Hill Road Project, including change orders, is complete. B. PROGRESS ON TAYLORCREST SIDEWALK PROJECT Taylorcrest Sidewalk Project was a change order to the Bunker Hill Road Project and is now complete. C. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) REQUIREMENTS FOR STORMWATER RUNOFF PROTECTION Steve Smith reported that the city will soon be required by the TCEQ to manage the storm water that runs off of our lots and into the bayou. Mayor Essary advised that as a part of the requirement, all pools will be required to tie into the sanitary sewer system. John Olson stated that Michelle Belco is an expert on the subject and has been very helpful in preparation of the permit for the city. X. CITY ADMINISTRATOR’S REPORT A. INFORMATION PROVIDED BY SANDALWOOD HOMEOWNERS ASSOCIATION REGARDING PROPOSED LANDSCAPE ISLAND TO BE LOCATED AT MEMORIAL AND SANDALWOOD Ms. Sager reported that Bradley Freels, a Sandalwood resident, advised that they are ready for the island to be installed at Sandalwood as soon as Klotz Associates obtains the necessary permits from the City of Houston. B. HOLY NAME RETREAT CENTER PLANS Beverly Erickson, VP of Plante & Moran is working with the Retreat Center regarding the development of approximately 9 acres of their property on Bunker Hill Road. She stated that they expect to have a developer selected by the end of the year. C. MEMORIAL DRIVE OVERLAY PROJECT Ms. Sager stated that the City of Houston does not plan to do a complete overlay of their portion of Memorial Drive. XI. DISCUSSION AND POSSIBLE ACTION REGARDING VACANCY ON THE BOARD OF ADJUSTMENT Motion was made by Councilwoman Schwartz and seconded by Councilman Smyre to approve the recommendation of Mayor Essary to appoint Michelle Belco to the Board of Adjustment. Motion carried 4-0. XII. DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSAL FROM KLOTZ ASSOCIATES FOR PROFESSIONAL ENGINEEREING SERVICES REQUIRED FOR THE MEMORIAL DRIVE OVERLAY Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve the proposal from Klotz Associates in an amount not to exceed $18,300 for engineering services required for the Memorial Drive Overlay Project. Motion carried 4-0. XIII. FIRE COMMISSIONER’S REPORT A FIRE DEPARTMENT ACTIVITIES Alternate Fire Commissioner Brown reported that the Commission reviewed and approved the procedures audit. He reported that the department is operating at approximately 5% over budget due to personnel issues. He stated the fire department building has problems with the foundation. The medical, dental, life, and AD&D insurance coverage’s for employees were approved. XIV. POLICE COMMISSIONER’S REPORT A. POLICE DEPARTMENT ACTIVITIES Chief Brye reported that the department is operating at approximately $150,000 under budget. They have hired two officers and will fill the newly created traffic officer position in January 2008. The Commission approved the employee medical insurance coverage and equaled out the increase in cost between the employee and employer. No action was taken on hiring an outside consultant. XV. DISCUSSION AND POSSIBLE ACTION REGARDING EMPLOYEE’S INSURANCE COVERAGE Motion was made by Councilman Ellis and seconded by Councilman Smyre to accept the recommendation of staff and the police department by approving Aetna PPO as the base for the employee medical coverage for 2008. Employees have the option for a buy-up HMO. Competitive bids were obtained through the Memorial Villages Police Department. Motion carried 4-0. XVI. DISCUSSION AND POSSIBLE ACTION REGARDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUNKER HILL VILLAGE CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT Motion was made by Councilman Brown and seconded by Councilwoman Schwartz to approve a Resolution casting its vote for Ed Heathcott to fill the position on the Board of Directors of Harris County Appraisal District. Councilwoman Schwartz stated that she has met Mr. Heathcott and recommends his appointment. Motion carried 4-0. XVII. DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, BY DELETING FROM ARTICLE IV OF CHAPTER 7 THEREOF ALL OF SUBSECTION (B) OF SECTION 7-71, AND BY ADDING TO SUBSECTION (A) OF SAID SECTION 7-71 A NEW PARAGRAPH (3); ESTABLISHING MINIMUM SLAB ELEVATIONS FOR RESIDENTIAL CONSTRUCTION; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY Motion was made by Councilman Smyre and seconded by Councilwoman Schwartz to approve an Ordinance amending the Code of Ordinance of the City of Bunker Hill Village, Texas, by deleting from Article IV of Chapter 7 thereof all of Subsection (b) of Section 7-71, and by adding to Subsection (a) of said Section 7-71 a new paragraph (3); establishing minimum slab elevations for residential construction; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Motion carried 4-0. XVIII. DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF BUNKER HILL VILLAGE TEXAS, TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253 Motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to approve an Ordinance of the city of Bunker Hill Village, Texas, to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. Motion carried 4-0. XIX. DISCUSSION AND POSSIBLE ACTION REGARDING CENTERPOINT ENERGY FRANCHISE John Olson again recommended that the city not enter into the franchise agreement prepared by CenterPoint. He stated that their firm is working with CenterPoint on an agreement that he will recommend the city adopt. He further stated that the franchise with CenterPoint expires in December 2007 but fully expects them to honor the current agreement. XX. ADJOURN Motion was made by Councilman Ellis and seconded by Councilman Brown to adjourn the meeting at 7:15 p.m. Motion carried 4-0. Approved and accepted on January 15, 2008.
______________________________________ DERRY D. ESSARY, Mayor
ATTEST:
______________________________________ Kelly Johnson, City Secretary
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