CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

APRIL 21, 2009 – 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 Administrator

Councilman Keith Brown                                                       Loren Smith, City Attorney

Councilman Dave Ellis                                                           Kelly Johnson, City Secretary 

Councilwoman Cooky Mays                                                  Steve Smith, Director of Public Works

Councilman Jay Smyre            (left at 6:20 p.m.)

Absent:

Councilwoman Susan Schwartz

Travis and Cameron Haltom, both of whom belong to Boy Scout Troop 641 and attend Spring Branch Middle School, lead the Pledge of Allegiance.

II.                PRESENTATION OF THE ANNUAL FINANCIAL AUDIT FOR THE YEAR ENDED DECEMBER 31, 2008

Nathan Krupke with Belt Harris & Associates presented the Annual Financial Audit ending December 31, 2008.

III.             JOHN DAVIS, P.E., LANGFORD ENGINEERING

A.        STATUS OF THE SURFACE WATER LINE CONNECTION AT CITY HALL

John Davis with Langford Engineering said the plans on the surface waterline are approximately 75% complete.  The surface waterline will run from Valley Star down Stoney Creek to the water plant.  Mr. Davis said it will be a 12” waterline in about an 18” casing if using a HTPE pipe.  Mr. Davis stated that City of Houston will maintain control of the waterline up to the metering point.  He stated the estimated cost for the project including SCADA and engineering would be $475,000.

IV.              Consideration and approval of an ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE, SALE AND DELIVERY OF CITY OF BUNKER HILL VILLAGE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009 WITHIN CERTAIN PARAMETERS;  DELEGATING TO AUTHORIZED REPRESENTATIVES THE AUTHORITY TO APPROVE THE AMOUNT, INTEREST RATES, PRICE AND TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING OBLIGATIONS; AND MAKING OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO

Drew Masterson with First Southwest said what he was presenting was refinancing of existing bonds of just under $5,000,000 because of lower interest rates.  He stated he hoped to lock in rates next week with an estimated savings of $420,000. 

Motion was made by Councilman Brown and seconded by Councilman Ellis to approve an ordinance authorizing and ordering the issuance, sale and delivery of City of Bunker Hill Village, Texas, General Obligation Refunding Bonds, Series 2009 within certain parameters; delegating to authorized representatives the authority to approve the amount, interest rates, price and terms thereof and certain other procedures and provisions related thereto; authorizing the redemption prior to maturity of certain outstanding obligations; and making other provisions regarding such bonds and matters incident thereto.  Motion carried 4-0.

V.                 MAYOR’S REPORT

A.  PROPOSAL FROM WHISPERING OAKS HOMEOWNERS’ ASSOCIATION TO PAY FOR A PARKING PAD ON THE SOUTH SIDE OF MEMORIAL DRIVE, EAST OF THE PLANTATION TRAFFIC SIGNAL.  UTILITY VEHICLES PARK AT THIS LOCATION FOR ROUTINE EQUIPMENT MAINTENANCE OF AT&T, COMCAST AND THE TRAFFIC SIGNAL FACILITIES

      Mayor Essary said utility trucks visit this location frequently creating an unsightly problem. Bunker Hill Village along with the Whispering Oaks Homeowners Association are looking at ways to resolve the problem.

B.   ISSUES RELATED TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS)

1.   VILLAGE MAYORS’ MEETING WITH TMRS EXECUTIVE DIRECTOR, ERIC HENRY

Mayor Essary said that Mr. Henry with TMRS met with the six memorial villages mayors, or their representative, and the mayors from Bellaire and Missouri City.  Mr. Henry explained the upcoming legislation that would guarantee certain accounts 5% interest.

2.   VILLAGE MAYORS’ MEETING AFTER VISITING WITH ERIC HENRY

      Mayor Essary reported that the village mayors came to a decision that all needed to be uniform across the six villages, Village Fire Department and the Memorial Village Police Department.  Mayor Essary said uniformity in terms of what is contributed, COLAs, service credits, and etc.  Mayor Essary said the village mayors are now discussing it and hopefully in a short period of time will come forward with a recommendation.

3.   REPORT ON BUNKER HILL VILLAGE MAYOR’S MEETING WITH THE POLICE AND FIRE COMMISSIONERS FOR BUNKER HILL

      Mayor Essary said he had spoken to both commissions and given them an update on TMRS in terms of what implication this might have.

C.   RESPONSE TO EMAILS CONCERNING REPLACING OUR STREET SIGNS

      Mr. Smith reported to replace Bunker Hill Village’s street signs to look like Piney Point Village’s would cost an estimated $128,000.  Mayor Essary said with everything that needs to be done in the city, from John Davis telling us about the water issues and what city council is asking employees to do, he couldn’t in good conscious make a recommendation to spend $128,000 on street signs.

      It was agreed by council to keep the continuity of Bunker Hill street signs. 

D.  UPDATE ON W151 (DRAINAGE STRUCTURE LOCATED WEST OF STREY LANE)

      Councilman Brown stated from a 5” inch rain event on Saturday W151 had over 9’ of water in it.  Councilman Ellis stated with an intense rain event of any magnitude we are going to see flooding along the east bank of W151. 

Mayor Essary stated we still have not heard from Mr. Fitzgerald with Harris County Flood Control regarding a meeting.  Mayor Essary instructed Ms. Sager to go above Mr. Fitzgerald and see if she can schedule a meeting.

Councilman Brown wanted to explore any legal action the City might have against upstream property owners.  Mayor Essary requested Mr. Loren Smith and Councilman Brown to get together before the next council meeting to see if there is something Bunker Hill Village can do legally.

E.   REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES

      Mayor Essary stated that the request for qualifications were ready to go out to Cobb Fedley, Klotz Associates, LJA Engineering & Surveying, Inc., Schaumbrug & Polk, Inc., and Terra Associates, Inc.  Mayor Essary asked Councilman Ellis and Councilman Brown to serve on the committee and review the request for qualifications. 

F.   UPDATE ON GESSNER ROAD MEDIAN PARK

      Mayor Essary said the contract has started on Phase II of the park.  Mayor Essary asked the city attorney to move forward on designating it as a park.

G.  VILLAGE MAYORS’ MEETING HOSTED BY JOHN CULBERSON, UNITED STATES REPRESENTATIVE, DISTRICT 7

      Councilman Ellis said that most of the discussion was about reimbursement from Hurricane Ike.

H.  TELEPHONE CONFERENCE CALL WITH STANDARD & POOR’S AND MOODY’S

      Mayor Essary, Ms. Sager, Ms. Johnson, and Mr. Smith had two conference phone calls regarding updating Bunker Hill Village’s bond rating.

VI.              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 MARCH 17, 2009 COUNCIL MEETING

B.   MARCH 2009 FINANCIALS

C.   LANGFORD ENGINEERING, INC, INVOICE NO. 14164, DATED MARCH 19, 2009 IN THE AMOUNT OF $546.09 FOR SURFACE WATER SUPPLY TO WATER PLANT AT CITY HALL

D.  AAA ASPHALT PAVING, INC, FINAL PAY REQUEST DATED MARCH 24, 2009 IN THE AMOUNT OF $69,539.72 FOR MEMORIAL DRIVE OVERLAY IMPROVEMENTS

E.   BELT HARRIS & ASSOCIATES, LLP, INVOICE #1282 IN THE AMOUNT OF $16,860 FOR 2008 AUDIT OF THE CITY’S FINANCIAL STATEMENTS AND PROFESSIONAL SERVICES RELATED TO RISK ASSESSMENT

Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve the Consent Agenda.  Motion carried 4-0.

VII.           DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF DEPOSITORY BID

Mayor Essary requested for next month’s meeting a summary page that shows the five bank accounts and the retention level for the investments. 

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to extend the current Depository Contract through May 31, 2009. Motion carried 4-0.

VIII.        DISCUSSION AND POSSIBLE ACTION REGARDING GREYTON PLACE AMENDING PLAT DUE TO AN APPROXIMATE THREE-FOOT SURVEY DISPUTE ON THE EASTERN BOUNDARY OF THE SUBDIVISION

Mr. Smith stated that the original plat was filed last year.  What is being proposed is an amended plat.  The correction is to the east side of the plat where Harris County Flood Control Easement is.  The original survey was simply in error.

Motion was made by Councilman Brown and seconded by Councilwoman Mays to approve the amended plat.  Motion carried 3-0.

IX.              DISCUSSION AND POSSIBLE ACTION REGARDING REPLACEMENT OF FOOT BRIDGE AT BLALOCK ROAD AND GREENBAY

Mr. Smith said there are two major waterlines running under the bridge which limits Bunker Hill Village on how to replace the bridge.  He stated because of waterlines the structure would have to be some kind of span bridge. 

Mr. Smith said the foot bridge was utilized by Spring Branch School District as a route to drop children off on Blalock to be delivered to Greenbay and Flintdale.  A suggestion was made by Ms. Johnson to pay for the bridge from Child Safety Funds.

Mayor Essary said a group of boy scouts are requesting as a project to do the landscaping and approach path outside the design of the bridge.

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to authorize the Mayor to contract and replace the bridge in an amount not to exceed $17,000 as well as work with the various scout troops on the landscaping and the approach path to such bridge.  Motion carried 3-0.

X.                 KELLY JOHNSON, FIRST QUARTER FINANCIAL UPDATE

Ms. Johnson gave a brief overview of the financials ending March 31, 2009.   

XI.              CITIZENS’ COMMENTS

Ms. My-Hoa Steger discussed the Homeowners and Bank Protection Act of 2008

XII.           DISCUSSION AND POSSIBLE ACTION REGARDING AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BUNKER HILL VILLAGE FOR THE CITY TO PROVIDE $1500.00 FOR PURCHASE OF LIBRARY MATERIALS, FURNISHINGS, EQUIPMENT OR SHELVING

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to approve the agreement.  Motion carried 3-0.

XIII.        CITY ADMINISTRATOR’S REPORT

A.  2009 ANNUAL FRANCHISE PAYMENT CALCULATION FROM CENTERPOINT ENERGY

      Ms. Sager said Bunker Hill Village’s franchise payment is based on 2005 kilowatt usage.  Currently Bunker Hill Village is at 93% usage as compared to 2005.  Ms. Sager reported that Bunker Hill Village’s Centerpoint Franchise Payment for 2009 will be $184,423.59.

B.   TWO MEMBERS OF COMMISSIONS HAVE ASKED NOT TO BE REAPPOINTED, ONE EACH ON PLANNING AND ZONING AND BOARD OF ADJUSTMENTS

      Ms. Sager said that letters were sent to the Municipal Judges and Prosecutor, Planning and Zoning Commission,  Board of Adjustment, and Police and Fire Commissioners.  She stated from all that have responded back,  two have requested not to continue on their board or commission.  She stated that in the May’s council meeting is when the revised list will be presented for approval.

C.   CITY OF HOUSTON NOTIFICATION OF SURFACE WATER RATE ADJUSTMENT UPWARD BY 5.09%.  EFFECTIVE APRIL 1, 2009 BUNKER HILL WILL BE PAYING $1.88 PER 1,000 GALLONS

      Ms. Sager said on May 1, 2009 Bunker Hill Village will increase taking water from City of Houston from 9,000,000 gallons per month to taking 12,000,000 per month.  With the increase in taking water and the CPI index, the additional cost increase will be a minimum of $77,000.

XIV.        MEMORIAL VILLAGES POLICE COMMISSIONER’S REPORT

A.        MARCH 2009 POLICE ACTIVITY

Chief Brye stated that on April 14^th an officer noticed a suspicious vehicle off of Blalock Lane driving backwards down a street with its lights off.  The officer stopped the vehicle.  Based on the investigation that took place the occupant in the vehicle was arrested for burglary and had a shot gun in his possession including extra bullets in his pockets.  Two other suspects had already been let out of the vehicle and with the help of Hedwig Village Police Department they were able to locate the suspects.  Chief Brye said they were able to catch all three suspects and arrest them for burglary.

B.   LP SERVICES INVOICE FOR REPORT ON TEXAS MUNICIPAL RETIREMENT SYSTEM

      The Police Commission authorized the Memorial Villages Police Department to pay the invoice to LP Services.

C.   2010 BUDGET ISSUES

      Councilman Ellis stated the instructions were clear to come back with a flat budget.

D.  TEXAS MUNICIPAL RETIREMENT SYSTEM EMPLOYEE BENEFITS PACKAGE

      Councilman Ellis said that Memorial Village Police Department employees are quite concerned about TMRS benefits.  Councilman Ellis also said that he hoped the police department employees trusted that city council would have their best interest at heart recognizing the fiscal responsibilities.

XV.           VILLAGE FIRE DEPARTMENT COMMISSIONER’S REPORT

A.  COMPENSATION COMMITTEE RECOMMENDATIONS REGARDING THE PROPOSED 2010 BUDGET AND POSSIBLE TMRS ALTERNATIVES

      Councilman Brown stated that the 2010 budget will be flat.  He stated the Fire Commission was presented with five different TMRS plans.  Mayor Essary said that the mayors are getting together and will make a recommendation on a plan for TMRS.

      Councilman Brown stated on May 4^th the commissioners will vote on approving the budget and try to meet with the mayors on May 18^th.

B.   PRO-RATA SHARE OF EXCESS REVENUES OVER EXPENDITURES FOR 2008

      Councilman Brown stated that $193,000 is being sent back to the villages. 

C.   MARCH 2009 FIRE DEPARTMENT ACTIVITY

      Fire Commissioners’ Officers rotate next month and Hunter’s Creek will become chairman.

XVI.        ADJOURN

Motion was made by Mr. Loren Smith and seconded by Councilman Ellis to adjourn the meeting at 7:25 p.m.

Approved and accepted on May 19, 2009.

_______________________________________

DERRY D. ESSARY, Mayor

ATTEST:

_______________________________________

Kelly Johnson, City Secretary