CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

August 18, 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                                                                                              John Hightower, City Attorney

Councilman Dave Ellis                                                                                                  Kelly Johnson, City Secretary/Director of Finance           

Councilwoman Cooky Mays                                                                                          Steve Smith, Director of Public Works

Councilwoman Susan Schwartz                                                                                     Tom Ramsey, City Engineer

Councilman Jay Smyre           

Jason Walker a boy scout in Troop 641 and a seventh grader at Memorial Middle School, lead  the pledge of allegiance.

II.                MAYOR’S REPORT

A.        AUGUST 11, 2009 - MEETING WITH RESIDENTS ON CAROLANE TRAIL

Mayor Essary said there is not a unanimous decision among residents to correct Carolane Trail.  There are concerns about the width of the street, the number of trees being lost, and drainage to Taylorcrest being effective.  Mayor Essary stated in the 2010 Proposed Budget council will see a significant amount of money to correct the drainage and paving on Carolane Trail. 

B.         AUGUST 11, 2009 - MEETING WITH RESIDENTS ON ARBORDALE

Mayor Essary stated what had been proposed on Arbordale was to open the ditches.  A group of residents on Arbordale requested the city find out the cost for each resident to replace the drainage pipe and re-cover the ditches with the city only paying to open the ditches.  Mayor Essary said the thought is not universal, there are some residents on the street that want the open ditches.  

C.         SCHEDULE BUDGET WORKSHOP

            First Budget Workshop scheduled for September 1, 2009 at 3:00 p.m.

D.  DRAINAGE MEETING – 6:30 P.M. AUGUST 20, 2009 AT HEDWIG VILLAGE CITY HALL.  BUNKER HILL, HUNTERS CREEK, HEDWIG AND SPRING VALLEY HAVE ARRANGED A DRAINAGE MEETING WITH THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND OTHER ENTITIES TO DISCUSS DRAINAGE AND FLOODING PROBLEMS IN OUR AREA.  RESIDENTS ARE URGED TO ATTEND

      Mayor Essary said that Fred Garcia with Harris County Flood Control, a representative with TXDOT, and a representative with the Army Corp of Engineers will be at the meeting.  The mayor stated it will be a repeat of a lot of stuff council has already heard in terms of the rain event on April 28^th.

III.             JOHN DAVIS, P.E., LANGFORD ENGINEERING, STATUS OF THE SURFACE WATER LINE CONNECTION AT CITY HALL

John Davis said they have submitted all the documents to TCEQ.  TCEQ has come back and said they have no records of previous submittals concerning Water Plant #1 and #2.  TCEQ has denied the submittal for the proposed surface water line.  Mr. Davis said they are working on a response to the denial.  Once they get the information together they will go to TCEQ in Austin. 

IV.              DISCUSSION AND POSSIBLE ACTION REGARDING SELECTION OF CITY ENGINEERING FIRM

A committee consisting of Ruthie Sager, Councilman Brown, and Councilman Ellis reviewed four engineering firms.  The committee came to a unanimous conclusion to recommend to council to continue with Klotz Engineering.

      Motion was made by Councilman Brown and seconded by Councilman Ellis to retain Klotz Engineering as the City Engineers.            Motion carried 5-0.

V.                 DISCUSSION AND POSSIBLE ACTION REGARDING RECOMMENDATION FOR TWO YEAR APPOINTMENTS TO THE FOLLOWING POSITIONS:

A.        ONE MEMBER TO SERVE ON THE PLANNING AND ZONING COMMISSION

            Mayor Essary recommended Andrew Newton

B.         ONE MEMBER TO SERVE AS ALTERNATE ON THE BOARD OF ADJUSTMENT

            Mayor Essary recommended Gregory Nelson

      Motion was made by Councilman Ellis and seconded by Councilwoman Mays to accept the mayors recommendations.             Motion carried 5-0.

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 JUNE 16, 2009 REGULAR COUNCIL MEETING

B.   MINUTES OF THE JULY 21, 2009 SPECIAL COUNCIL MEETING

C.         JULY 2009 FINANCIALS

D.  AUTHORIZE R.P. SAGER, RTA TO CALCULATE AND PUBLISH THE 2009 EFFECTIVE AND ROLLBACK RATES

E.   SECOND QUARTER INVESTMENT REPORT

Motion was made by Councilman Ellis and seconded by Councilman Brown to accept as presented.  Motion carried 5-0.

VII.           CITIZENS’ COMMENTS

No comments

VIII.        DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL TO OPEN A BANK ACCOUNT AT BBVA COMPASS BANK

Ms. Johnson mentioned this was a following up on what council had requested in previous meetings to diversify city funds. 

      Motion was made by Councilwoman Schwartz and seconded by Councilwoman Mays to authorize opening a new bank account at BBVA Compass Bank.  Motion carried 5-0.

IX.              DISCUSSION AND POSSIBLE ACTION REGARDING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BUNKER HILL VILLAGE AND THE CITY OF PINEY POINT VILLAGE FOR THE PEDESTRIAN BRIDGE OVER THE DRAINAGE DITCH ON THE WEST SIDE OF BLALOCK ROAD AT THE INTERSECTION OF GREENBAY LANE

Mayor Essary said the bridge is installed.

      Motion was made by Councilman Ellis and seconded by Councilman Smyre to approve the Interlocal Agreement as presented.          Motion carried 5-0.

X.                 DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF AN IDENTITY THEFT PREVENTION PROGRAM DESIGNED TO DETECT, PREVENT AND MITIGATE IDENTITY THEFT IN CONNECTION WITH THE OPENING OF A COVERED ACCOUNT OR AN EXISTING COVERED ACCOUNT AND TO PROVIDE FOR CONTINUED ADMINISTRATION OF THE PROGRAM IN COMPLIANCE WITH PART 681 OF TITLE 16 OF THE CODE OF FEDERAL REGULATIONS IMPLEMENTING SECTIONS 114 AND 315 OF THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA) OF 2003

Ms. Sager stated we are required to implement a policy to prevent personal identification and financial information from illegally being provided.  Ms. Johnson said that any entity or business that has open accounts that require payment after services are rendered is required to adopted a policy.

      Motion was made by Councilwoman Schwartz and seconded by Councilman Brown to adopt the Identity Theft Program.  Motion carried 5-0.

XI.              CITY ADMINISTRATOR’S REPORT

A.  NOTICE OF FORMAL ACTION REQUIRED, PRIOR TO OCTOBER 14, 2009, TO NOMINATE A CANDIDATE TO SERVE ON HARRIS COUNTY APPRAISAL DISTRICT’S BOARD OF DIRECTORS

      Ms. Sager introduced Mr. Ed Heathcott who is currently serving on the Harris County Appraisal District Board.  Mr. Ed Heathcott asked that in the September Council Meeting to be put on the agenda to submit his name on the ballot for re-election to the Harris County Appraisal District Board.

B.   DELINQUENT TAX ROLL AS OF JULY 9, 2009

      Ms. Sager stated we do very well in delinquent taxes with the help of Spring Branch Tax Office.  She stated that most of our delinquent taxes are quarterly payments. 

C.   MEMORIAL DRIVE LUTHERAN CHURCH IS REQUESTING A SPECIFIC USE PERMIT TO ALLOW PLACEMENT OF AN ADDITIONAL SIGN FOR THE KOREAN TRUE PRESBYTERIAN CHURCH

      Ms. Sager wanted to make council aware that the Memorial Drive Lutheran Church is asking for a sign identifying a Korean Church holding services at the church.  She stated the sign application would be going to Planning and Zoning sometime in September.

XII.           DISCUSSION AND POSSIBLE ACTION REGARDING A CONTRACT BETWEEN SPRING BRANCH INDEPENDENT SCHOOL DISTRICT TAX OFFICE AND THE CITY OF BUNKER HILL VILLAGE FOR THE DISTRICT TO ASSESS AND COLLECT AD VALOREM TAXES FOR THE CITY AT AN ANNUAL COST OF $8,000

Motion was made by Councilwoman Mays and seconded by Councilwoman Schwartz to approve the contract between Spring Branch Independent School District Tax Office and the City of Bunker Hill Village for the district to assess and collect Ad Valorem Taxes for the City at an annual cost of $8,000.  Motion carried 5-0.

XIII.        DISCUSSION AND POSSIBLE ACTION CONCERNING A RESOLUTION OF THE CITY OF BUNKER HILL VILLAGE SUSPENDING THE SEPTEMBER 4, 2009 EFFECTIVE DATE OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS' (CENTERPOINT) REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH OTHER CITIES IN THE CENTERPOINT AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; RATIFYING THE SELECTION OF LLOYD GOSSELINK AS LEGAL COUNSEL; REQUIRING REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL

Mr. Robinson with Centerpoint Gas Operations said he delivered information to staff on July 31, 2009 regarding the proposed rate increase.  He said the rate increase was made up of two components, a purchase gas adjustment and a base rate.  Mr. Robinson said the reduction in the purchase gas adjustment is approximately  12.2%.  The second component is the base rate and they are proposing an increase of 8.3%.  He said with both components an average residential bill would see a small decrease of $2.00.

Mr. Robinson said there are three options the city can take.  He said the first option is to take no action and the proposed rates would go into effect.  He said anytime you do that if any other city protests or denies the proposal it automatically goes to hearing.  By taking no action the City would take advantage of the outcome without any direct cost to the city.

The second option is a denial ordinance.  If the city chooses that option the city’s denial goes to Austin with all the other denials to be heard.

The third option is a suspension, which gives the city 90 more days to review the proposal.  Ms. Sager stated she felt Bunker Hill Village had two options, joining the City of Houston coalition or joining Lloyd Gosselink coalition.  She recommended to suspend the rates for at least 90 days and join the Lloyd Gosselink coalition. 

      Motion was made by Councilman Ellis and seconded by Councilman Brown to approve the resolution of the City of Bunker Hill Village suspending the September 4, 2009 effective date of Centerpoint Energy Resources Corp., D/B/A Centerpoint Energy Entex and Centerpoint Energy Texas Gas’(Centerpoint) requested rate change to permit the city time to study the request and to establish reasonable rates; approving cooperation with other cities in the Centerpoint area to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals; ratifying the selection of Lloyd Gosselink as legal counsel; requiring reimbursement of cities’ rate case expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel.        Motion carried 5-0.

XIV.        DISCUSSION AND POSSIBLE ACTION AUTHORIZING DISPOSAL OF EQUIPMENT PER SCHEDULE (OLD COMPUTERS, PRINTERS AND HANDHELDS)

Ms. Sager stated we have old equipment that we need to dispose of.  Ms. Sager said the only thing that was really worth anything was the three hand held meter readers.  She also said we do expect some revenue from the sale of those three hand held’s.

      Motion was made by Councilman Smyre and seconded by Councilwoman Mays to authorize staff to dispose of equipment as presented.  Motion carried 5-0.

XV.           MEMORIAL VILLAGES POLICE COMMISSIONER’S REPORT

A.  DISCUSSION AND POSSIBLE ACTION REGARDING MEMORIAL VILLAGE POLICE DEPARTMENT PROPOSED 2010 BUDGET IN THE AMOUNT OF $4,081,014.96.  BUNKER HILL VILLAGE PORTION (1/3) OF THE BUDGET IS $1,360,338.32

      Councilman Ellis said the 2010 budget was a very difficult budget process.  Councilman Ellis stated that the police department was given a mandate for the 2010 budget to come in as a flat budget.  The 2010 proposed budget came in $176,000 under the 2009 budget.  In the 2010 proposed budget there are no raises and the retirement benefits are 2 to 1 match with no updated service credits and no COLA’s. 

      Motion was made by Councilman Ellis and seconded by Councilman Brown to approve the 2010 Memorial Villages Police Department Budget as submitted.              Motion carried 3-2 (Councilman Brown and Councilman Smyre opposed)

XVI.        VILLAGE FIRE DEPARTMENT COMMISSIONER’S REPORT

A.  DISCUSSION AND POSSIBLE ACTION REGARDING VILLAGE FIRE DEPARTMENT PROPOSED 2010 BUDGET IN THE AMOUNT OF $5,123,098.  BUNKER HILL VILLAGE ANNUAL ASSESSMENT $973,388.62, WHICH IS 19% OF THE TOTAL BUDGET

      Mayor Essary said the 2010 Proposed Village Fire Department Budget came is as a flat budget with TMRS at 1.5 to 1 and no updated service credits and no COLA’s.  Also included in the budget were raises for personnel. 

      Motion was made by Councilman Brown and seconded by Councilman Ellis that the 2010 proposed budget in the amount of $5,123,098 of which Bunker Hill’s assessment of $973,388.62 be approved.  Motion carried 4-1 (Jay Smyre opposed)

XVII.     ADJOURN

Motion was made by Councilman Ellis and seconded by Councilman Smyre to adjourn the meeting at 7:05 p.m.

Approved and accepted on September 15, 2009.

_______________________________________

DERRY D. ESSARY, Mayor

ATTEST:

_______________________________________

Kelly Johnson, City Secretary