CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

NOVEMBER 17, 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/Director of Finance           

Councilwoman Cooky Mays                                                    Steve Smith, Director of Public Works                                   

Councilwoman Susan Schwartz                                               Tom Ramsey, City Engineer               

Councilman Jay Smyre                                                                       

II.                MAYOR’S REPORT

A.        NOVEMBER 23, 2009 SCHEDULED MEETING WITH THE DRAINAGE TASK FORCE

Mayor Essary reported he has another meeting with primarily the neighborhood surrounding W151 on Monday morning.  He said he would discuss what the city’s plans are regarding W151.

B.   JANUARY 2010 STATE OF THE CITY MEETING WITH BOARDS AND COMMISSIONS

      The mayor said there will be another workshop in January regarding drainage and public safety with city council, boards, and commissions.

III.             PUBLIC HEARING – REQUEST TO JOIN THREE LOTS INTO ONE RESIDENTIAL LOT.  THE LOTS ARE DESCRIBED AS 2.984 ACRES OF LAND SITUATED IN THE JOHN D. TAYLOR SURVEY, ABSTRACT NUMBER 72, TRACT 29, TRACT 31 AND TRACT 33

Mayor Essary opened the public hearing at 5:01 p.m.

Comments:

Public Works Director Steve Smith said a resident is wanting to join those three tracts into one.   The reason for joining the tracts is so the resident can treat it as one for the purpose of mowing, fencing and etc.

Mayor Essary closed the public hearing at 5:03 p.m.

IV.              ADJOURN PUBLIC HEARING

V.                 DISCUSSION AND POSSIBLE ACTION REGARDING PROPERTY OWNERS REQUEST TO JOIN THREE LOTS INTO ONE RESIDENTIAL LOT.  THE LOTS ARE DESCRIBED AS 2.984 ACRES OF LAND SITUATED IN THE JOHN D. TAYLOR SURVEY, ABSTRACT NUMBER 72, TRACT 29, TRACT 31 AND TRACT 33

Motion was made by Councilman Brown and seconded by Councilman Ellis to approve the property owners request to join the three lots into one residential lot as proposed.  Motion carried 5-0.

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

Public Works Director Steve Smith said we still do not have approval from TCEQ.  Mayor Essary said he will get with John Davis next week and press to get a package so we can send it out for bid.

VII.           KLOTZ ASSOCIATES, INC. – REPORT ON W151 DRAINAGE IMPROVEMENTS

Mayor Essary spoke about the challenges with W151 and gave a brief overview.  Gary Struzick and Tom Ramsey, with Klotz Engineering proposed two plans for drainage improvements relating to W151.  Plan A is the deepening and widening of the channel and creating a 50 acre detention feed north of the channel.   Harris County Flood Control (HCFC) said the cost for Plan A is approximately 41.7 million dollars and does not have the funds to do the project.   This would be a regional solution that would benefit all surrounding entities.

If we don’t get a partner for Plan A to aid with the cost, an alternate plan might be a solution.  The alternate plan, Plan B, would be to put a storm sewer down Strey Lane to Pebble Hill.  Also put in gates on storm sewers from Bunker Hill Village that would close going into W151.  This is not a regional solution but it will take care of Bunker Hill Village in regards to drainage issues.

Councilman Ellis said Plan B is not the right answer but maybe the only answer Bunker Hill Village has.  Mayor Essary said he hoped that Bunker Hill Village could get an agreement with HCFC that stipulates that the throttling device stay in place and does not increase in size north of Bunker Hill Village.  He said it’s a big project in terms of forty million dollars and most of it is in detention north of our water shed and we don’t know if it will ever be built.  The mayor went on to say if we can’t get that agreement from HCFC, Bunker Hill Village will go down Strey Lane.  He stated we are not going to spend one dollar of Bunker Hill’s money to increase the size of W151 so that someone else can drain through use.

VIII.        DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF PLANS AND AUTHORIZATION TO PROCEED WITH BIDDING DRAINAGE IMPROVEMENTS ON CAROLANE TRAIL

This project was to improve how the water gets out of Carolane Trail when there is a major rainfall event.  The decision is to wait until W151 drainage improvements have been decided upon before finalizing Carolane Trail.

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to table item VIII.  Motion carried 5-0.

IX.              CITIZEN’S COMMENTS

Mr. Wukoson, attorney for Stephanie Christison Marx, spoke in regards to the building permit issues at 57 Carolane Trail.

X.                 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 OCTOBER 20, 2009 REGULAR COUNCIL MEETING

B.   OCTOBER 2009 FINANCIALS

C.   CALCO CONTRACTING, LTD., INVOICE #1 & #2, DATED NOVEMBER 10 AND NOVEMBER 11, 2009, IN THE AMOUNT OF $3,530.59 FOR EMERGENCY REPAIRS TO SANITARY SEWER LINE ON CAROLANE TRAIL

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

XI.              VILLAGE FIRE COMMISSIONER’S REPORT

A.        SUCCESSION PLAN FOR THE POSITION OF FIRE CHIEF

Councilman Brown reported that we have to start the search for a new Fire Chief.  The consensus of the commission is to retain a search firm to aid in finding a new Fire Chief.  The cost for a search firm would be approximately $25,000 to $30,000 and it’s not in the 2010 budget.  Councilman Brown also said we have to decide when we want the new Fire Chief to start.  He stated we do not have money in the 2010 budget for a new Fire Chief.  Councilman Brown stated that the acting Fire Chief, Rick Porier, said he felt comfortable acting in that capacity until January 2011.  Councilman Brown’s recommendation was to have a new Fire Chief start January 2011. 

B.         2010 BUDGET

            Comments were made under item XI (A).

C.   DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL FOR THE CITY TO PAY A PORTION OF THE INVOICE FOR PREPARATION OF THE SEPARATION AGREEMENT FOR THE VILLAGE FIRE CHIEF

      The mayor said when we negotiated the agreement with Chief Calagna we retained the services of a labor lawyer.  He said the cost to Bunker Hill Village would be $200 - $300.

Motion was made by Councilwoman Schwartz and seconded by Councilman Smyre to give the mayor the authority to pass along the invoice for the separation agreement per fire chief to the fire department along with paying Bunker Hill Village’s portion of that invoice.  Motion carried 5-0.

D.  DELTA ALERT EMERGENCY AND MASS NOTIFICATION SYSTEM

      Councilman Brown said he thought the Delta System was essentially the same as a reverse 911 system.  He also stated the people doing the Delta System are currently doing the  ambulance service for the fire department.  The new system is suppose to be at no charge to the villages.  Councilman Brown said he did not fully understand the system and asked Ruthie Sager to investigate.

E.   FIRE COMMISSION STRUCTURE/INTERLOCAL AGREEMENT

      Councilman Brown stated that everyone seems happy with the interlocal agreement.

XII.           MEMORIAL VILLAGES POLICE COMMISSIONER’S REPORT

A.        OCTOBER 2009 POLICE ACTIVITY

Commissioner Slot said no burglaries or robberies to report.

B.         PURCHASE OF TWO DIGITAL IN-CAR CAMERA SYSTEMS

Commissioner Slot said the commission approved the purchase of new vehicles and equipment to go along with it.   Commissioner Slot said the police department is going back to purchasing Crown Victorians instead of the Chargers.  He said there has been some maintenance issues with the Chargers.  Chief Byre said the maintenance on the Chargers were not what was promised and they are not getting the gas mileage as expected.

XIII.        DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS BY DELETING (5) OF SECTION 16-26 OF ARTICLE II OF CHAPTER 16 THEREOF AND SUBSTITUTING THEREFOR A NEW (5) OF SECTION 16-26 ESTABLISHING RATES TO BE CHARGED BY THE CITY FOR SOLID WASTE SERVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY  (THE  CHANGE INCREASES THE RATE FOR BI-MONTHLY SERVICE FROM $55.27 TO $58.00)

Motion was made by Councilman Ellis and seconded by Councilman Brown to adopt the ordinance as read by the mayor covered under item XIII in the agenda.  Motion carried 5-0.

XIV.    DISCUSSION AND POSSIBLE ACTION REGARDING A RESOLUTION OF THE CITY OF BUNKER HILL VILLAGE, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS (CENTERPOINT) REQUESTED INCREASES TO ITS NATURAL GAS RATES AND CHARGES WITHIN THE CITY SHOULD BE DENIED; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; RESOLVING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL

Councilman Brown said this is in support of the rate dispute case.  City Administrator Ruthie Sager said Centerpoint Energy Entex has asked for a 25.4 million dollar increase.  She also stated that the coalition has recommended not only to deny the 25.4 million dollar increase but a decrease of 11 million dollars.

Motion was made by Councilman Brown and seconded by Councilman Smyre to approve the resolution 11-17-09.  Motion carried 5-0.

Mayor Essary said this our permitting fee for a water well.  Public Works Director Steve Smith stated we cannot prohibit wells under state law.

Motion was made by Councilman Ellis and seconded by Councilman Brown to adopt the ordinance as read by the mayor and covered under item XV in the agenda.  Motion carried 5-0.

City Administrator Ruthie Sager said the drilling and operation of water wells has been added to the schedule.

Motion was made by Councilman Brown and seconded by Councilwoman Schwartz to approve the resolution as read by the mayor relating to the adoption of the certain schedule of fees and charges under tab XV1.  Motion carried 5-0.

City Administrator Ruthie Sager said the American Recovery and Reinvestment Act of 2009 included a 3.2 million dollar amount funding energy efficiency.  The government has gone through and set aside funds for small cities under a certain population.  Bunker Hill Village qualifies for a $20,000 grant.  Ms. Sager stated all we have to do is submit a notice of intent and meet the state’s criteria in order to receive the money.  Ms. Sager said we plan on using the money to update our SCADA system.

Motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to approve the resolution as outlined in item XVII.  Motion carried 5-0.

Mayor Essary said our candidate is Ed Heathcott.

Motion was made by Councilwoman Schwartz and seconded by Councilman Brown to cast Bunker Hill Village’s ballot for the election of Ed Heathcott to the Board of Directors of the Harris County Appraisal District.  Motion carried 5-0.

City Administrator Ruthie Sager said our new carrier will be Blue Cross & Blue Shield.  She said that the PPO plan will be our base plan.  She recommended that city council follow what the police commission approved for health care coverage in the police department.  Ms. Sager said the commission approved for the H.S.A.  an incentive to put in the employees account $1,200 for employee only and $1,800 for employee plus dependent (s).

Motion was made by Councilman Brown and seconded by Councilman Smyre to adopt the 2010 Health Care Premium Schedule as presented.  Motion carried 5-0.

Mayor Essary said with Bunker Hill Village proposing to cut back their contribution rate from 2 to 1.5 it will reduce Ms. Sagers retirement from $9,000 to $8,000 a month.  The mayor said it simply does not make sense.  He said he has written TMRS a letter asking for an explanation. 

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to table item XX.  Motion carried 5-0.

A.        STATUS OF STORMWATER PERMIT

Public Works Director Steve Smith stated that we did turn in our Annual Storm Water Report this past week.

B.         SANITARY SEWER EMERGENCY REPAIR ON CAROLANE TRAIL

Public Works Director Steve Smith stated two Fridays ago we had a sanitary sewer blockage.  He said they located a very large sink hole at 17 Carolane Trail.  They proceeded with the emergency repair and fixed the problem.  Mr. Smith said he wanted everyone to know this  was a band-aid fix.  The line is a concrete line that is very, very thin and needs to be repaired and/or replaced.

C.   DISCUSSION AND POSSIBLE ACTION REGARDING BUILDING PERMIT VIOLATION AT 57 CAROLANE TRAIL

      Public Works Director Steve Smith said that we did issue a building permit for 57 Carolane Trail for a specific project.  After performing an inspection it was found that the actual construction on the ground did not match what was approved on the plans.  Mr. Smith said he has issued a stop work order for that address.  He also said he has met with legal counsel for that address and has outlined a number of items that need to be corrected to come back to what has been originally permitted.

      The items that were out of compliance:

            1.  Originally permitted for a two story structure and is now a three story structure

            2.  Garage has been converted into living space

            3.  Contractors doing work without permits

      Mr. Smith said the next step is to issue a citation.

A.        CENTERPOINT ENERGY SMART METER PROGRAM

City Administrator Ruthie Sager said Centerpoint plans to have the smart meters installed in Houston mid 2012.  They will notify residents with a door hanger when they are going to switch out the meters.  She said the notices state it’s about a ten minute interruption in service.

Ms. Sager said the smart meters can be read remotely.  She said the meters will enable homeowners to better manage their electricity more efficiently.

B.         FRAY RIVERA RETIREMENT EFFECTIVE OCTOBER 31, 2009

City Administrator Ruthie Sager said Fray Rivera, a 25 year employee, retired October 31, 2009.

C.   CLEARWIRE AND VERIZON WIRELESS ARE ENTERING INTO AN AGREEMENT FOR CLEARWIRE TO PROCEED WITH THEIR ZONING APPLICATION FOR A SPECIFIC USE PERMIT WITH THE CITY OF BUNKER HILL VILLAGE TO PLACE THREE SECTOR ANTENNAS AND MICROWAVE DISHES TO BE MOUNTED ON AN EXISTING VERIZON TOWER LOCATED AT THE REAR OF THE BUNKER HILL VILLAGE CITY HALL SITE

      City Administrator Ruthie Sager said she has given the application to Loren Smith to review and find out what Bunker Hill Village’s next step is.

Motion was made by Councilman Brown and seconded by Councilwoman Mays to adjourn the meeting at 7:20 p.m.  Motion carried 5-0.