CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

OCTOBER 21, 2008 – 5:00 P.M.

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

Mayor Pro Tem Ellis called the meeting to order at 5:02 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, Houston, Texas.

Present: Also in Attendance:

Mayor Pro Tem Dave Ellis Ruthie Sager, City Administrator

Councilman Keith Brown Loren Smith, City Attorney

Councilwoman Cooky Mays Kelly Johnson, City Secretary

Councilwoman Susan Schwartz Steve Smith, Director of Public Works

John Davis, P.E., Langford Engineering, Inc.

Absent:

Mayor Derry D. Essary

Councilman Jay Smyre

Nathaniel Lyon, Ethan Lyon, Ryan Wilson, Carl Steuwer, Ryan Ogilvie, Kevin Bradshaw, Logan Smith, Murphy Brennan, and Cameron Seeby all boy scouts from troop 993 lead in the Pledge of Allegiance.

II. GREET GUESTS, MAYORS’ REPORT

A. LETTER TO FROSTWOOD ELEMENTARY PRINCIPAL AND PTA PRESIDENT REGARDING TRAFFIC ISSUES

Mayor Pro Tem Ellis stated the letter to Frostwood Elementary has gone out.

B. LETTER TO BRAD TUTUNJIAN, CENTERPOINT ENERGY SERVICE AREA DIRECTOR

Mayor Pro Tem Ellis stated that a letter was mailed thanking Brad and Centerpoint for their efforts during the storm.

C. LETTER TO STATE REPRESENTATIVE SYLVESTER TURNER REGARDING OUR RESPONSE TO A HOUSE SELECT COMMITTEE ON HURRICANE IKE STORM DEVASTATION TO THE TEXAS GULF COAST. THE COMMITTEE IS CHARGED WITH REVIEWING THE STATE AND LOCAL GOVERNMENT RESPONSE TO THE HURRICANE AND IDENTIFYING ISSUES FOR THE LEGISLATURE TO ADDRESS AND PREPARE FOR FUTURE DISASTERS AND THEIR AFTERMATH.

Mayor Pro Tem Ellis said a letter was mailed from the Mayor to Representative Sylvester Turner stating what went well during the storm and what could have been done better.

D. DISCUSSION REGARDING PROPOSAL TO SEND A LETTER TO THE FIRE AND POLICE DEPARTMENTS REGARDING MINIMAL INCREASES IN THEIR 2010 BUDGETS

Mayor Pro Tem Ellis said the intent of this item is so the commissioners of these departments know the intentions of council in regards to the budget for these departments. Mayor Pro Tem Ellis went on to say if the departments want to deviate from a flat budget the departments must be prepared to present adequate justification.

E. LANDSCAPE DESIGN AND SIGNAGE FOR THE GESSNER ROAD PARK

This is an item the Mayor is working on and with the absence of the Mayor there was no discussion.

F. MEETING SCHEDULED FOR NOVEMBER 5, 2008 REGARDING HARRIS COUNTY FLOOD CONTROL DISTRICT W151 DRAINAGE STRUCTURE WHICH IS LOCATED WEST OF STREY LANE

Ruthie Sager said the meeting will take place at City Hall from 9:00 a.m. – 11:00 a.m. Councilman Brown said he could attend the meeting. Mayor Pro Tem Ellis stated he thought the meeting was going to be on the funding of W151.

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) SEPTEMBER 16, 2008 REGULAR COUNCIL MEETING

2) OCTOBER 3, 2008 PUBLIC HEARING

3) OCTOBER 9, 2008 PUBLIC HEARING

B. SEPTEMBER 2008 FINANCIAL REPORT

C. THIRD QUARTER INVESTMENT REPORT

D. DELINQUENT TAX ROLL

E. KLOTZ ASSOCIATES, INVOICE 908027 DATED SEPTEMBER 23, 2008 IN THE AMOUNT OF $238.10 FOR ADJUSTING SIGNAL TIMING

F. AAA ASPHALT APPLICATION FOR PAYMENT #4 DATED 10/08/08 IN THE AMOUNT OF $47,035.11 FOR MEMORIAL DRIVE IMPROVEMENTS

Motion was made by Councilwoman Mays and seconded by Councilman Brown to approve the consent agenda as presented. Motion carried 4-0.

IV. CITIZENS’ COMMENTS

A. SUZI GERSTENHABER – REPLANTING TREES PROJECT IN BUNKER HILL IN CONJUNCTION WITH TREES OF HOUSTON, A NON-PROFIT ORGANIZATION

Ms. Gerstenhaber stated with the loss of 1,000 trees after Hurricane Ike, she thought about the non-profit group Trees of Houston. Mr. Barry Ward with Trees for Houston, explained he would like to get with a committee to get direction on what Bunker Hill Village would want. Mr. Barry said Trees of Houston is a resource and they will not force anything and the cost to the city would be zero. Mayor Pro Tem Ellis asked Councilwoman Mays if she could work with the staff and Suzi Gerstenhaber to see if they could come up with a plan.

Don McCrory at 11714 Timberknoll spoke to council about the construction on his street and behind him. He is concerned with the construction, drainage issues, and noise and ask if council could aid in doing something about it.

Tom Snyder at 11702 Brokenbaugh Circle congratulated the city on how well they handled things during Hurricane Ike.

V. JOHN DAVIS, P.E., LANGFORD ENGINEERING, INC.

A. PROGRESS REPORT ON SECOND SURFACE WATER LINE CONNECTION

Mr. Davis reported that the survey is done. Mr. Davis said he expects to sit down with Steve Smith and start to go over the design around Thanksgiving. Mayor Pro Tem Ellis asked Mr. Davis if realistically we could have the project completed by summer and the response was yes.

B. REHABILITATION OF WATER WELL BEHIND CITY HALL

Mr. Davis reported Weisinger is working on the well and the pump should be in early next week. Mr. Davis estimated the completion date to be early November. Mayor Pro Tem Ellis asked Mr. Davis if the project was on budget and the response was yes.

VI. DISCUSSION AND POSSIBLE ACTION REGARDING THE FOLLOWING ITEMS:

A. AN ORDINANCE APPROVING AND ADOPTING THE CITY OF BUNKER HILL VILLAGE, TEXAS GENERAL BUDGET FOR THE YEAR 2009; MAKING APPROPRIATIONS FOR THE CITY FOR SUCH YEAR AS REFLECTED IN SAID BUDGET ESTABLISHING THE PROCEDURE FOR INTRA-BUDGET TRANSFERS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.

Motion was made by Councilman Brown and seconded by Councilwoman Schwartz to approve and adopt the budget ordinance as presented for the budget year 2009. Motion carried 4-0.

B. APPROVING AN AD VALOREM TAX OF $0.167015 FOR MAINTENANCE AND OPERATION EXPENDITURES

Motion was made by Councilwoman Mays and seconded by Councilwoman Schwartz to approve the Ad Valorem Tax of $0.167015 for maintenance and operation expenditures. Motion carried 4-0.

C. APPROVING AN AD VALOREM TAX RATE OF $0.110924 FOR DEBT SERVICE

Motion was made by Councilwoman Schwartz and seconded by Councilwoman Mays to approve the Ad Valorem Tax of $0.110924 for debt service. Motion carried 4-0.

D. AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, FOR THE YEAR 2008; PROVIDING THE DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE; PROVIDING FOR PENALTY AND INTEREST ON ALL TAXES NOT TIMELY PAID; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH

Motion was made by Councilman Brown and seconded by Councilwoman Schwartz to approve the ordinance providing for the levy and collection of Ad Valorem taxes of the City of Bunker Hill Village, Texas, for the year 2008: providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; providing for severability; and repealing all ordinances or parts of ordinances inconsistent or in conflict herewith. Motion carried 4-0.

Motion was made by Councilwoman Mays and seconded by Councilwoman Schwartz to approve and ratify the adoption of the tax rate of .277939 pursuit to the budget adoption of item 6A.

VII. DISCUSSION AND POSSIBLE ACTION REGARDING AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BUNKER HILL VILLAGE FOR ADMINISTRATION AND IMPLEMENTATION OF A REGIONAL WATERSHED PROTECTION EDUCATION PROGRAM AT A COST OF $1,992.27 (PAYABLE TO HARRIS COUNTY)

Ms. Sager stated that we are required by the Environmental Protection Agency to show that all the runoff from Bunker Hill Village that goes into the bayou is clean. She stated we are proposing to participate with Harris County in the amount of $1,992.27 to be in compliance with that law. Harris County will provide literature, newspaper articles, stickers, and templates for other literature. Ms. Sager said it’s much less expensive if we participate with Harris County than if we did it as an individual city.

Motion was made by Councilwoman Schwartz and seconded by Councilwoman Mays to approve and ratify the agreement between Harris County and the City of Bunker Hill Village. Motion carried 4-0.

VIII. DISCUSSION REGARDING PROPOSED INCREASE IN WATER RATES

Mr. Davis said Bunker Hill Village is required to convert to surface water by the Harris Galveston Coastal Subsidence District. Mr. Davis says it means that Bunker Hill Village must buy water from City of Houston. Currently Bunker Hill is taking 6,000,000 gallons a month from City of Houston and is forecasted to increase to 9,000,000 in 2009. Mr. Davis said buying water from City of Houston will cause Bunker Hill Village to increase their rates.

Mayor Pro Tem Ellis said with the increase from City of Houston and what Bunker Hill Village is required to take by law, Bunker Hill Village is going to have to raise rates or go into the red. Mayor Pro Tem Ellis went on to say if Bunker Hill Village does nothing with rates we are projected to go in the red by $80,000. Mayor Pro Tem Ellis stated that the proposed rates show an increase of 20% on residential rates using 40,000 gallons or less. If a residential user uses more than 40,000 gallons a 40% increase is proposed. A 40% increase is also proposed for all non-residential users

Councilman Brown asked about a tax rate to support the water and wastewater rates. Mayor Pro Tem Ellis said he preferred to have the Utility Fund stand on its own and hold the users accountable for their usage. Mayor Pro Tem Ellis also said that we have to make sure that the tax exempt properties pay their full share.

IV. DISCUSSION REGARDING CONTINUING TO OPERATE THE CITY WATER WELLS

Mayor Pro Tem Ellis said given the cost to operate the city’s water wells and the mandate to take more surface water he asked what’s the right answer looking forward. Mayor Pro Tem Ellis said Mayor Essary wanted to revisit if a complete or partial merger with Memorial Villages Water Authority is something worth looking at.

X. CITY ADMINISTRATOR’S REPORT

A. RECOVERY FROM HURRICANE IKE

Ms. Sager stated during the storm Bunker Hill Village never lost water or water pressure. Ms. Sager also said that the offices remained open during regular hours during the storm. She stated that city staff did a wonderful job and answered many phone calls from angry residents that had lost power and residents that wanted debris picked up.

Ms. Sager said that most of the debris has been picked up. Ms. Sager went on to say she just learned today regarding the debris pickup the next process is a bucket truck will go down every street trimming limbs that are still hanging in the right of ways. Another truck will follow to pick up the fallen limbs. Ms. Sager said there is still the big trunks in yards and the debris company will continue to pick that up through October 26^th. After October 26^th the city will have to pay 25% on the pickup cost.

Ms. Sager said that we have already submitted reports to FEMA for reimbursement and they are being reviewed.

XI. FIRE COMMISSIONER’S REPORT

A. STATUS OF NEW EQUIPMENT PURCHASE

Councilman Brown said the new pumper is here and he encouraged all to go and look at it.

B. ISSUES RELATED TO HURRICANE IKE

Councilman Brown said during the weekend of Hurricane Ike from 2:16 a.m. to 9:30 a.m. on Saturday morning the Fire Department was shut down and could not respond to anyone. Winds were over 60 miles an hour and with the high profile vehicles they could not respond. Bunker Hill Village had one call during this time and fortunately the Memorial Village Police Department was able to respond and carried the people from their house to Memorial City Hospital.

C. DISCUSSION REGARDING PROCESS FOR REPLACEMENT WHEN CURRENT FIRE CHIEF RETIRES

Councilman Brown said that Chief Calagna’s intent was to retire in two years. Councilman Brown said there is not a set procedure to replace him. Councilman Brown said his opinion was that we needed to hire an outside consulting agency to find his replacement. Councilman Brown said he was very open for suggestions on the process.

XII. POLICE COMMISSIONER’S REPORT

A. SUMMARY OF HEALTH CARE BIDS FOR THE DEPARTMENT

Police Commissioner Peter Slot said the police department budgeted a 9%-10% increase and the bids came back in at a 4% increase. Mr. Slot also said they are looking at options like a health savings plan.

Mayor Pro Tem Ellis stated that the police commission is recommending that the police department try and get a third option. Currently the police department has an HMO and a PPO plan. Mayor Pro Tem Ellis stated the third option being a health savings plan. Mayor Pro Tem Ellis said one thing the city is going to have to decide is how much if any to contribute to each employee’s savings account. Mayor Pro Tem Ellis also stated that the police department is still looking at what dollar amount to put in each employee’s account. Chief Brye said they hoped to have the rates that include the health savings plan in by the end of the week.

B. HURRICANE IKE RESPONSE ISSUES

Chief Brye stated that during the hurricane crime was almost non-existent.

XIII. EXECUTIVE SESSION FOR THE PURPOSE OF CONSULTATION WITH THE CITY ATTORNEY REGARDING CONTEMPLATED LITIGATION, CONCERNING DRAINAGE IMPROVEMENTS ON WILLIAMSBURG LANE, AS PERMITTED BY THE OPEN MEETINGS ACT, CHAPTER 551.071 OF THE GOVERNMENT CODE

Mayor Pro Tem Ellis called to go into Executive Session at 6:23 p.m.

Mayor Pro Tem Ellis returned and adjourned Executive Session at 6:40 p.m.

XIV. DISCUSSION AND POSSIBLE ACTION REGARDING EXECUTIVE SESSION

No discussion

XV. ADJOURN

Motion was made by Councilwoman Mays and seconded by Councilwoman Schwartz to adjourn the meeting at 6:41 p.m. Motion carried 4-0.

Approved and accepted on November 18, 2008.

_______________________________________

DERRY D. ESSARY, Mayor

ATTEST:

_______________________________________

Kelly Johnson, City Secretary