MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

MAY 20, 2008 – 5:00 P.M.

I.                   CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE

Mayor Essary called the meeting to order at 5:00 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, Houston, Texas.

Present:                                                                                                                        Also in Attendance:

Mayor Derry D. Essary                                                                                                Ruthie Sager, City Adminstrator

Councilman Keith Brown                                                                                            Loren Smith, City Attorney

Councilwoman Susan Schwartz                                                                               Gary Struzick, P.E., Klotz Associates, Inc.

Councilman Dave Ellis                                                                                               Kelly Johnson, City Secretary

Councilwoman Cooky Mays                                                                                      Steve Smith, Director of Public Works

Councilman Jay Smyre

Collin Leisy a sixth grader at Kincaid School and Will Radney an eighth grader at Memorial Middle School, both boy scouts, were asked to lead the Pledge of Allegiance.

II.                GREET GUESTS, MAYOR’S REPORT

A.     RECOGNITION OF EUROCRAFT HOMEBUILDERS FOR AN AWARD RECEIVED ON A HOUSE THEY BUILT IN BUNKER HILL VILLAGE

Mike Nedic with Eurocraft came forward and explained that the house at 12022 Winwood Lane, built by Eurocraft Homes, won the Prism Award for Best Front Elevation in highest bracket of two and a half million plus, and was runner up for Custom Home of the Year in the same category.

B.     MEETING WITH DREW MASTERSON, FINANCIAL CONSULTANT, REGARDING DOWNGRADING OF THE INSURER OF THE CITY’S BONDS

Mayor Essary stated he and Ms. Sager flew to Dallas a few weeks ago to meet with First Southwest in regards to what exposure the city bonds have.  Mayor Essary stated there was practically no exposure.  Also in the meeting it was discussed about the city’s insurer being downgraded and the possibility of the bonds being called.  Mayor Essary stated that the types of bonds the City have are not callable.

C.     MEETING AT CITY HALL HELD ON APRIL 30, 2008 WITH HARRIS COUNTY FLOOD CONTROL DISTRICT FOR AN UPDATE ON UPGRADES TO W151

The City had a joint meeting with Ms. Sager, Mr. Smith, Mayor Essary, Councilman Brown, TIRZ 17, Klotz and Harris County Flood Control District.  Councilman Brown stated he was concerned with the quality of data in which Harris County Flood Control was using.  Councilman Brown also stated from what City of Houston and Harris County Flood Control District had said there is little Bunker Hill Village can do about flooding upstream.  Also, one of the proposed plans is to put a new culvert under the existing creek level just south of Memorial.

Mayor Essary stated three things need to be done.  First, retention in place and additional channel work needs to be done.  Second, the channel improvements they are talking about are to deepen and take the curves off of W151 north of Memorial.  Third, who pays for it?

Next step is to meet in July.

D.     MEETING WITH WINSHIRE HOMEOWNERS ASSOCIATION ON MAY 18, 2008

Mayor Essary stated he met with Winshire Homeowners Association on Sunday and they had many questions about the Passionist Community Development regarding the drainage.  Ms. Sager has scheduled a meeting, to be held next week, with some of the residents to address their concerns.

E.      MEETING WITH PRESIDENT OF TEALWOOD HOMEOWNERS ASSOCIATION

Mayor Essary, Ms. Sager and Mr. Smith all met with Tealwood Homeowners Association and put forward their first proposal in terms of the new signs.  Mayor Essary stated he heard back from them today and they want to meet again tomorrow.  

III.             PRESENTATION OF ANNUAL FINANCIAL AUDIT FOR THE YEAR ENDED DECEMBER 2007

Robert Belt with Sandersen, Knox and Belt made the presentation of the Annual Financial Audit ending December 31, 2007.  Mr. Belt stated the city has a healthy fund balance and is in good standing. 

Mr. Belt also stated because of new standards the Management Letter has change.  Mayor Essary stated as a result of the changes and a request from the auditor he attended a fraud meeting last week with city staff.  Councilwoman Schwartz had questions about utility billing concerns noted in the Management Letter.

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to accept the

Financial Statements as presented by Sandersen, Knox and Belt.  Motion carried 5-0.

IV.              CITY ENGINEER’S REPORT

A.     DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF CONTRACT TO LOWEST AND BEST BIDDER FOR INSTALLATION OF THE LEFT TURN LANE ON GESSNER AND OVERLAY OF MEMORIAL DRIVE

Rebecca Remke, P.E. with Klotz Associates reviewed the bids and found errors in some of the calculations.  After final review the low bidder was AAA Paving at $756,180.

Mayor Essary stated the City received from Metro $1,372,100 to do the Memorial Drive Overlay.  The total bid cost from AAA Paving came in at $756,180 with the Gessner Left Turn Lane included, leaving a $615,920 savings.

Councilman Ellis stated he wanted a sidewalk put in to connect up at Norvell Court.

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to accept and approve the bid from AAA Asphalt.  Motion carried 5-0.

V.                 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 APRIL 15, 2008 REGULAR COUNCIL MEETING

B.      FINANCIAL REPORTS FOR APRIL 2008

C.      AMANI ENGINEERING, INC, INVOICE #ES 70213-2 DATED DECEMBER 18, 2007 IN THE AMOUNT OF $2,940.00 FOR WATER LINE ADDITION TO THE CITY OF HOUSTON’S SANDALWOOD WATER LINE PROJECT

D.      AUTHORIZATION TO ADD LULA (COOKY) MADDOX MAYS AS AN AUTHORIZED SIGNATURE TO ALL THE CITY OF BUNKER HILL VILLAGE AMEGY BANK ACCOUNTS

E.       NOTICE THAT ADMINISTRATAIVE STAFF AND THE MAYOR MET ON MONDAY, MAY 12, 2008 REGARDING RECOMMENDATION IN THE 2007 DRAFT AUDIT TO SPECIFICALLY DISCUSS KEY CONTROLS TO MITIGATE RISKS

F.       KLOTZ ASSOCIATES, INC. FOR ENGINEERING SERVICES RENDERED IN CONNECTION WITH THE FOLLOWING PROJECTS:

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve all items on the consent agenda.  Motion carried 5-0.

VI.              CITIZENS’ COMMENTS

None

VII.           REPORT FROM BILL PURIFOY, CHAIRMAN OF THE PLANNING AND ZONING COMMISSION, REGARDING ACTION ON FINAL PLATS LISTED BELOW

Bill Purifoy stated that the Planning and Zoning Commission recommended both the 10.01 acres and the 10.79 acres plats to be approved.

VIII.        DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FOR final PLAT APPROVAL OF THE 10.01 ACRES OUT OF THE 20.80 ACRES, LOCATED AT 430 BUNKER HILL, KNOWN AS THE HOLY NAME RETREAT

Mr. Smith discussed the drainage issues regarding the property known as Holy Name Retreat.  He stated that currently all the drainage is draining into an 18 inch line owned by Harris County Flood Control located to the east of the property.  With the proposed development the drainage will be split between the east and west side of the property.

The developer is to put a detention system under the pavement with the outfall to drain to the western portion of the property into Bunker Hill’s storm sewer.  Mr. Smith stated that the recently rehabilitated storm sewer line that runs to the west of the property will handle the drainage.  There will be no net increase in impact to the existing Bunker Hill drainage system.  Mr. Smith stated that the proposed drainage exceeds the standards that Bunker Hill outlined.  Mr. Smith also stated the onsite system is designed for a 100 year flood event.

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to approve the final plat as recommended by Planning Zoning Commission.  Motion carried 5-0.

IX.              DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FOR FINAL PLAT APPROVAL OF GREYTON PLACE SUBDIVISION WHICH CONSISTS OF 10.79 ACRES OUT OF THE 20.80 ACRES LOCATED AT 430 BUNKER HILL ROAD, KNOWN AS THE HOLY NAME RETREAT.  THIS TRACT IS PROPOSED TO BE SUBDIVIDED INTO NINETEEN LOTS OF AT LEAST 20,000 SQUARE FEET

Mr. Smith continued with the drainage discussion and stated that the proposed subdivision will have a retention system.  Mr. Abercrombie stated that part of the deed restrictions for the subdivision will require that each lot have drainage tied into a box culvert.

Mr. Abercrombie also stated that they have put in a lot of money into the development for both drainage and tree protection.

Mr. Purifoy said that Planning and Zoning Commission had no problem with the plat and recommend approval.

Motion was made by Councilwoman Mays and seconded by Councilwoman Schwartz to approve final plat of Greyton Place Subdivision at 430 Bunker Hill Road.  Motion carried 5-0.

X.                 DISCUSSION AND POSSIBLE ACTION REGARDING ENGAGEMENT LETTER FROM SANDERSEN, KNOX & BELT L.L.P. TO CONDUCT THE 2008 ANNUAL FINANCIAL AUDIT IN THE AMOUNT OF $14,050 AND IMPLEMENTATION OF NEW RISK ASSESSMENT STANDARDS IN THE AMOUNT OF $2,810

Robert Belt with Sandersen Knox and Belt stated a new set of risk auditing standards went into effect January 1, 2007.  The new standards increase the audit time by 25%.

Motion was made by Councilman Smyre and seconded by Councilwoman Mays to accept the Engagement Letter.  Motion carried 5-0.

XI.              CITY ADMINISTRATOR’S REPORT

A.      NOTICE OF ANNUAL RECEPTION AND DINNER FOR MEMBERS OF THE GOVERNING BODY WITH THE MEMORIAL VILLAGES WATER AUTHORITY

Ms. Sager stated that in 1985 the city agreed to pay Memorial Village Water Authority 18.2% of the cost of construction of the waste water plant.  She also stated that the city pays 1/12 of the annual overhead costs associated to operating and maintaining the plant.

Ms. Sager stated each year the Water Authority hosts a dinner to give an update on the operations.  That meeting will be tomorrow night at 6:30 p.m.

B.      APRIL 22 MEETING WITH SHELLEY WEISKE WHO RUNS THE REBATE GROUP FOR FIRST SOUTHWEST IN DALLAS

Drew Masterson recommended that Ms. Sager and Mayor Essary meet with Shelly Weiske in Dallas regarding the arbitrage rebate.  Ms. Sager stated the Ms. Weiske advised the city that the 2005 certificates are considered a small issue, under $5,000,000 and the proceeds of the certificates will not be used in a manner that would cause any of them to be arbitrage bonds.

C.      WATERLINE REPLACEMENT ON LAZEE TRAIL

Ms. Sager stated that Lazee Trail is a private street, approximately 400 feet in length, with the water line easement in the back of the three lots.  She also stated that the existing two-inch water line was replaced with a 4 inch line to allow adequate water supply for fire protection at a cost of approximately $6,000.

D.      UPDATE ON STORMSEWER INSTALLATION AND OVERLAY ON RIP VAN WINKLE

Ms. Sager stated one resident complained about the storm sewer and overlay project on the street.  Ms. Sager spoke with all the other residents and all indicated that they were in favor of the project.

XII.           FIRE COMMISSIONER’S REPORT

A.     FIRE DEPARTMENT ACTIVITIES

Councilman Brown stated the Fire Department has a new budget which will be ready to present in June.  He also stated that the Fire Department had their annual Shrimp Boil Saturday and it was a big success. 

Councilman Brown stated the Fire Department is doing their annual inspection of fire hydrants.

Keith reviewed the activity for the year.

B.     DISCUSSION AND POSSIBLE ACTION REGARDING 2007 INTRA-BUDGETARY TRANSFERS SUBMITTED FOR APPROVAL

Councilman Brown stated that the adjusted budget ends up being the actual budget.

Councilman Smyre questioned the contingency of $20,000.

Motion was made by Councilman Brown and seconded by Councilwoman Schwartz to approve the request from the Village Fire Department to approve the 2007 Intra-Budgetary Transfer based on the audit draft that was in their packets.  Motion carried 5-0.

XIII.        POLICE COMMISSIONER’S REPORT

A.        POLICE DEPARTMENT ACTIVITIES

Councilman Ellis stated the importance of working with other agencies.  With the help of Hedwig Village, Memorial Villages Police Department was able to make an apprehension.

B.     FUNDING OF CRIME PREVENTION STRATEGIES

Councilman Ellis stated he asked the Police Department to prioritize their wish list.  The top four included in-car lap tops with an estimated cost of $78,000, subdivision camera’s with the cost being paid by subdivisions, infra-red radar units with an estimated cost of $27,000, and in-car driver’s license recognition systems.

XIV.        DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, BY DELETING ALL OF PARAGRAPH 2 OF SECTION 7-71 AND ADDING A NEW PARAGRAPH (2) REQUIRING THE INSTALLATION OF UNDERGROUND DRAINAGE SYSTEMS WITH A MINIMUM PIPE SIZE OF NOT LESS THAN 6” IN DIAMETER; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY

Mr. Smith stated the proposed ordinance will improve our existing minimum requirements for underground drainage.

Motion was made by Councilman Ellis and seconded by Councilman Brown to approve as recommended by staff.  Motion carried 5-0.

XV.           ADJOURN

Motion was made by the City Attorney, Loren Smith and seconded by Councilman Smyre to adjourn the meeting at 6:55 p.m.

Approved and accepted on June 17, 2008.

_______________________________________

DERRY D. ESSARY, Mayor

ATTEST:

_______________________________________

Kelly Johnson, City Secretary