CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

APRIL 20, 2010 – 5:00 P.M.

I.                   CITIZENS’ COMMENTS

Mayor Essary called the meeting to order at 5:05 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                                                                      Kelly Johnson, City Secretary/Director of Finance           

Councilman Dave Ellis                                                                          Steve Smith, Director of Public Works                                   

Councilwoman Cooky Mays                                      

Councilwoman Susan Schwartz          

Councilman Jay Smyre

Will Ottens from St. Francis Episcopal Day School, Davis Jackson from Rummel Creek Elementary School, and Kevin Bradshaw from West Brown Middle School, all boy scouts, were asked to lead the Pledge of Allegiance.

II.                MAYOR’S REPORT

A.        MULTI-CITY MAYORS MEETING WITH HARRIS COUNTY JUDGE EMMETT

Mayor Essary stated the fourteen small city mayors met with County Judge Emmett regarding METRO funding.  Mayor Essary said the longevity of the money Bunker Hill Village received in past is highly unlikely to continue in the future.  He said he believes it will be diverted to the rail lines.

B.         MEETING WITH TIM MCGRATH REGARDING FIRE DEPARTMENT ISSUES

Mayor Essary said the mayors met with McGrath Consulting and a 30 year fire chief that works for a group of seven villages in the Chicago area that is very similar to the Village Fire Department.  The mayor said we have 21-23 candidates for the fire chief position and it appears to be a substantial group of highly confident fire chiefs.  He also stated we have a very expensive fire department.

Mayor Essary said from the meeting there are several things we need to focus on.  He said the governance process needs to be fixed, the new chief needs to be installed as soon as possible, and there needs to be a performance review of the department.

C.         MEETING WITH TOM RAMSEY, P.E. REGARDING W151 DRAINAGE ISSUES

Mayor Essary said he has met with Tom Ramsey, City Engineer, in regards to the drainage issues along W151 and W146.  Tom Ramsey urged the Mayor to write a letter to the chairman of the TIRZ 17 requesting to meet and discuss the possibility of joint funding on what’s happening on W151.

D.        LETTER TO CHAIRMAN OF TIRZ 17

The mayor referred council to the letter in their packets.  Councilman Ellis suggested changing the last paragraph to no longer being in a position to financially participate.

E.         ALTERNATIVES ON W146 DRAINAGE SYSTEM

Mayor Essary said that Mr. Tom Ramsey, City Engineer, discussed the possibility of looping W146 through the Bunker Hill System into the big box culverts at Greyton Lane as retention in place before it gets out through W146 or the Bunker Hill System.

Mr. Ramsey said we are looking at some alternatives to address some very specific flooding impacts on W146.  Mr. Ramsey said the water sheds are so closely aligned, Bunker Hill System and W146 and asked if there is any way to take some pressure off of W146 because there is spot flooding along W146.

F.         UPDATE ON THE 2010 VILLAGES INDEPENDENCE FESTIVAL

The mayor said he is the ceremony chair for 2010 Villages Independence Festival.  He stated the biggest challenge so far is the Village Fire Department is no longer cooking so the festival has to make other arrangements. 

G.  MEETING WITH KLOTZ ENGINEERING, INC REGARDING CROSSWALK AT BUNKER HILL ROAD AND MEMORIAL

Mr. Manu Isaac, P. E., with Klotz Engineering, stated the city asked them to evaluate the cross walk section at Eaton Court and Memorial Drive.  Mr. Isaac presented four different options that run between $4,500 and $35,000.  The four options to improve the intersection are; striping and signage, intersection improvements to reconfigure the crosswalk, to install pedestrian activation signs, and to install roadway warning lights.  He stated the cost goes up with effectiveness.

The mayor said this was not an action item but to answer questions that came up in the last council meeting. 

H.  KELLY JOHNSON PRESENTATION ON INTERNAL CONTROLS AT THE GOVERNMENT FINANCE OFFICERS CONFERENCE IN AUSTIN

Mayor said he got a very complimentary letter from the city’s auditor, Robert Belt, that Kelly Johnson, the Finance Director, did an excellent job at a recent small city governmental control presentation for roughly 150 small city financial directors / staff.

I.    MEETING WITH NATHAN KRUPKE, SENIOR AUDITOR AT BELT HARRIS & ASSOCIATES REGARDING DRAFT OF 2009 FINANCIAL AUDIT

Mayor Essary said that we got our first look at the December 31, 2009 audit this afternoon.  The mayor said he did not expect any surprises.  We have the same control issues that other small cities are having.

Councilman Ellis said it’s an unqualified opinion and the numbers are in great shape.  The reserves and the way the auditors judge how we run the city is thumbs up.  The issues are the same, segregation of duties in cities with our same size staff.  Councilman Ellis said it’s a reporting requirement to disclose the staffing issues under GASB.

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 CONSIDERED SEPARATELY.”

A.  MINUTES OF THE MARCH 16, REGULAR MEETING

B.   MINUTES OF THE APRIL 13, 2010 PUBLIC HEARING AND SPECIAL MEETING

C.   MARCH 2010 FINANCIALS

D.  KINGSLEY CONSTRUCTORS, INC PAY ESTIMATE NO 1 FOR THE PERIOD MARCH 17 THRU MARCH 31, 2010 IN THE AMOUNT OF $75,155.40

E.   LANGFORD ENGINEERING, INC., INVOICE NUMBER 14924 DATED MARCH 9, 2010 IN THE AMOUNT OF $11,807.07 FOR PROJECT 200-011 SURFACE WATER SUPPLY TO WATER PLANT AT CITY HALL

F.   LANGFORD ENGINEERING, INC., INVOICE 14925, DATED MARCH 9, 2010 IN THE AMOUNT OF $2,100.56 FOR CITY’S EMERGENCY PREPAREDNESS PLAN REQUIRED BY TCEQ

G.  LANGFORD ENGINEERING, INC., INVOICE 14989, DATED APRIL 9, 2010 IN THE AMOUNT OF $14,834.95 FOR TCEQ CHLORAMINE APPROVAL

H.  TEXAS COMMISSION ON ENVIRONMENTAL QUALITY NOTICE OF THAT THE RECENT WATER PLANT FACILITIES WORK GENERALLY MEETS THE MINIMUM REQUIRMENTS OF CHAPTER §290 – RULES AND REGULATIONS FOR PUBLIC WATER SYSTEMS

I.    BLALOCK ROAD RESURFACING

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

IV.              DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL TO CLEAN STREET SIGNS AS AN EAGLE SCOUT PROJECT

Mayor Essary said the Eagle Scout has come back with how he would do the project.  He will simply use a bucket and a brush.  The mayor said we can cover him under the city’s insurance as a volunteer.

Motion was made by Councilwoman Schwartz and seconded by Councilman Brown to approve the scout project to clean street signs in Bunker Hill Village.  Motion carried 5-0.

V.                 DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, SAID CHAPTER 7 BEING THE FLOOD DAMAGE PREVENTION REGULATIONS, AS AMENDED, BY AMENDING SECTION 7-71 OF ARTICLE IV, FLOOD HAZARD REDUCTION, STANDARDS APPLICABLE TO ALL RESIDENTIAL CONSTRUCTION, TO CLARIFY THE APPLICATION OF SLAB ELEVATION REQUIREMENTS TO HOMES BEING REMODELED OR RECONSTRUCTED; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY (This ordinance can be acted upon and become effective immediately)

Steve Smith, Public Works Director/ Building Official, stated the Planning and Zoning Commission did meet to consider the concept of delineating remodeling projects from new construction projects.  As part of that discussion is the idea that new construction and/or a substantial remodel project that the entire house including the slab elevations needs to be at the current city requirements for new construction.  

Mr. Smith said they are requesting that we look at this in two parts.  One part is a planning and zoning issue and the other part is a building code issue.  Mr. Smith said under the current ordinance if it’s a new construction situation the slab must be at least 12” above the center of the street on which the lot fronts and 12” inches above the nearest sanitary sewer mainhole. 

What is proposed in this provision is providing an exemption certificate.  Mr. Smith asked the question, what does that mean?  If a homeowner is doing a project and it falls into the guidelines of new construction and their slab does not meet the requirements of the slab elevation for new construction they can fill out an exemption certificate.  The exemption certificate needs to acknowledge that the slab does not meet the requirements of new construction and it has the potential for flooding and they are okay with it.

The mayor said he did not believe it would be prudent to approve this ordinance change without approving the next item.  He stated they need to be done in tandem.  He asked to table this item for tonight and wait for the public hearing to discuss the next time.

Motion was made by Councilman Ellis and seconded by Councilman Smyre to table this item until the next meeting.  Motion carried 5-0.

VI.              DISCUSSION AND POSSIBLE ACTION REGARDING SETTING A DATE FOR A PUBLIC HEARING CONCERNING A PROPOSED ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, SAID APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AS AMENDED, BY AMENDING SECTIONS 9.05D, 9.07B, AND 9.08, OF ARTICLE IX, NONCONFORMING USES, TO CLARIFY METHOD OF CALCULATING THE APPRAISED VALUE OF A STRUCTURE IN THE EVENT A BUILDING IS PARTIALLY DESTROYED; AMENDING REGULATIONS CONCERNING THE REPAIR AND MAINTENANCE OF NONCONFORMING BUILDINGS OR STRUCTURES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY  (This ordinance is a change in zoning and requires a public hearing before becoming effective)

Mr. Smith, Public Works Director / Building Official, stated this is a zoning issue therefore we are required to have a public hearing.  Mr. Smith said this ordinance will define when a major remodel turns into a new home.  Council agreed to have the public hearing on May 12, 2010 at 5:00 p.m.

Motion was made by Councilman Brown and seconded by Councilwoman Schwartz to set a public hearing on May 12, 2010, at 5:00 p.m.  Motion carried 5-0.

VII.           DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM HARRIS COUNTY PUBLIC LIBRARY TO ENTER INTO AN AGREEMENT BETWEEN THE CITY AND THE COUNTY TO PARTICIPATE IN FUNDING CERTAIN LIBRARY MATERIALS AT THE SPRING BRANCH MEMORIAL LIBRARY FOR THE BENEFIT OF THE RESIDENTS OF THE CITY AND OTHER COUNTY RESIDENTS

Ruthie Sager, City Administrator, said for the past several years Bunker Hill Village has funded $1,500.00 to purchase materials for the Spring Branch Memorial Library. 

Motion was made by Councilwoman Schwartz and seconded by Councilman Smyre to approve $1,500 to the Harris County Public Library.  Motion carried 5-0.

VIII.        DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FOR CHANGE ORDER NO. 1 FROM KINGSLEY CONSTRUCTORS, INC IN THE AMOUNT OF $6,900.00 TO CONNECT TEN NEW WATER METER SERVICE LINES TO HOUSES ON STONEY CREEK

Mr. Smith, Public Works Director / Building Official, said as part of our current construction project we are extending and upsizing the water line on Stoney Creek.  We currently have a 2”water line and we are replacing it with a 6” water line.  This change order is for those residents along Stoney Creek to connect to the new water line.

Motion was made by Councilman Ellis and seconded by Councilwoman Mays to approve the request for change order #1 in the amount of $6,900.00 to connect ten new water meter service line to houses on Stoney Creek. Motion carried 5-0.

IX.              DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FOR CHANGE ORDER NO 2 FROM KINGSLEY CONSTRUCTIONS, INC., IN THE AMOUNT OF $23,260.00 TO REPLACE A SECTION OF STONEY CREEK DRIVE PAVEMENT

Mr. Smith, Public Works Director / Building Official, said where the new service line crosses and attaches on the Westside of Stoney Creek a section of pavement needs to be removed to make the connection.  When the contractor made the cut the concrete basically disintegrated, there was no steel reinforcement.  Mr. Smith said this change order is to go in and repave that section of concrete.  Mr. Smith stated it’s a 40 foot section of pavement. 

Council discussed and agreed to delete from the change order $4,000 for the speed hump.

Motion was made by Councilman Brown and seconded by Councilwoman Mays to approve change order #2 except item number #8, replace asphalt road hump including striping.  Motion carried 5-0.

X.                 FIRE COMMISSIONER’S REPORT

A.  DISCUSSION REGARDING 2011 PROPOSED VILLAGE FIRE DEPARTMENT’S BUDGET

Councilman Brown said they had their monthly meeting last night and received the draft audit for 2009.  Also discussed at the meeting was the approaching 2011 budget.  A salary survey was presented to the commission comparing to Bellaire, West University, Conroe, and the City of Houston.   Councilman Brown stated that 90% on the VFD budget is personnel costs. 

Councilman Brown said they discussed at their monthly meeting long term equipment replacement costs.  In the discussion of equipment came up that some cities have mutual assistant contracts vs. what we have at the Village Fire Department, a contract for mutual aid.  The difference between the two agreements is the response time.

Councilman Brown thought we could maintain the same excellent service and keep a flat budget.  He wanted some guidance from council on their wishes on the 2011 budget.

B.   DISCUSSION ON THE HIRING PROCESS FOR A NEW FIRE CHIEF

Discussed under item II B.

XI.              POLICE COMMISSIONER’S REPORT

A.        POLICE DEPARTMENT ACTIVITIES

Peter Slot, Police Commissioner, said during their Police Commissioners’ meeting last night it was discussed that a couple officers are seeking a grant from Homeland Security in the amount of $120,000 to update some vehicles.  Mr. Slot also said at the meeting that Hunters Creek asked to join our health benefit program.  Councilman Ellis said it was his recommendation that we show Hunters Creek the health benefit program.  The commission also approved the replacement/purchase of a new vehicle.

B.   DISCUSSION AND POSSIBLE ACTION FOR APPROVAL OF THE 1^ST INTER-BUDGET TRANSFER FOR THE 2009 MEMORIAL VILLAGES POLICE DEPARTMENT M&O BUDGET

Motion was made by Councilman Ellis and seconded by Councilwoman Schwartz to approve the 1^st Inter-Budget Transfer for the 2009 Memorial Villages Police Department M&O Budget.  Motion carried 5-0.

XII.           DIRECTOR OF PUBLIC WORKS REPORT

A.        UPDATE ON CAROLANE TRAIL PROJECT

Steve Smith, Public Works Director / Building Official, said the project is underway.  He said we have not had any complaints from the residents.

B.         UPDATE ON INSTALLATION OF SURFACE WATER LINE PROJECT

Steve Smith, Public Works Director / Building Official, said the project has moved forward incredibly well.  He said the Surface Water Line is connected down at Valley Star up to our water plant.  Mr. Smith predicted they would be off of Stoney Creek by the end of next week.

John Davis, Langford Engineering, said the completion date for this project is July 1.

C.         UPDATE ON REPLACEMENT OF WATER MAIN ON STONEY CREEK

Mr. Smith said this was part of the Surface Water Line Project Change Order #2, adding new water meters.

D.  REQUEST THAT THE CROSSWALK AT THE INTERSECTION OF RIEDEL AND TAYLORCREST BE REPAINTED

Mr. Steve Smith, Public Works Director / Building Official, said we’ve received a request from a resident that the intersection of Riedel and Taylorcrest be repainted.  It is the city’s policy not to put cross walks in the middle of the street.  Council discussed the pedestrian traffic at that intersection.  Council requested Mr. Smith to find out how many students cross at that intersection.

XIII.        DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM A RESIDENT ON RAYDON LANE TO REPLACE THE STREET POLE, AT THE EXPENSE OF THE HOMEOWNERS IN THE SUBDIVISION, WITH THE EXACT SAME BLACK POLE AS THE ONE ON GREYTON LANE.  THE STREET POLE WILL ACCOMMODATE THE STANDARD BUNKER HILL STREET SIGN CURRENTLY IN PLACE

Mr. Steve Smith, Public Works Director / Building Official, said the residents on Raydon Lane have requested they would like to install one of the decorative street sign poles like on Greyton Lane.  He said given that the street signs are city property they have to have council approval.

Mayor Essary stated we will set as policy at the next council meeting if homeowners would like to replace their street pole with the same design as on Greyton Place at their own expense, to have council approval.

Motion was made by Councilman Brown and seconded by Councilman Smyre to approve the residents on Raydon Lane to replace the street pole, at the expense of the homeowners.  Motion carried 5-0.

XIV.        DISCUSSION AND POSSIBLE ACTION REGARDING AN AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BUNKER HILL VILLAGE RELATING TO AN ELECTION AND THE SUBSEQUENT RUN OFF TO BE HELD ON MAY 8, 2010.  (THIS ITEM RELATES TO USE OF THE COUNTY’S VOTING SYSTEM EQUIPMENT)

Motion was made by Councilwoman Mays and seconded by Councilman Smyre to ratify the agreement between Harris County and the City of Bunker Hill Village for voting equipment. Motion carried 5-0.

XV.           ADJOURN

Motion was made by Loren Smith and seconded by Councilman Brown to adjourn the meeting at 7:02 p.m.  Motion carried 5-0.

Approved and accepted on May 18, 2010.

_______________________________________

DERRY D. ESSARY, Mayor

ATTEST:

_______________________________________

Kelly Johnson, City Secretary