City of Nederland Logo
City of Nederland R. A. "Dick" Nugent, Mayor
Billy Neal, Mayor Pro Tem
Talmadge Austin, Councilmember
Craig J. Belaire, Councilmember
Vacant, Councilmember
Christopher Duque, City Manager

P.O. Box 967 * Nederland, Texas 77627 * 409.723.1503 * Fax 409.723.1550
 

Meeting Minutes from Monday, November 14, 2005

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

3:00 p.m. November 14, 2005
  1. MEETING

    The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.

  2. APPROVAL OF MINUTES

    A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tem Neal to approve the minutes of the regular meeting of October 24, 2005, and the special meeting of November 3, 2005. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  3. PROCLAMATION

    Mayor Nugent presented a proclamation declaring November 14, 2005 as "NHS Varsity Volleyball Day" in Nederland to their head coach, Toni Leach. Coach Leach thanked the City of Nederland for their support and the honor of having a day named for the team. She then introduced all the members of the team.

    A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to approve a proclamation declaring November 14, 2005 as "NHS Varsity Volleyball Day" in Nederland, Texas. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  4. PRESENTATION

    Mike Bransford, U. S. Army Corps of Engineers, gave an update on the debris removal process. He reported that there was a lull in between the time they took over the debris removal operation from FEMA due to locating debris disposal a sites and certifying contractors to perform the work. He added that they will be operating seven days a week and will concentrate on woody debris in the beginning then add construction and demolition materials, and finally pick up trunks on the final pass through the City. Weather permitting the process should speed up. Jefferson County is divided into zones and Nederland is included in three of the zones. Mr. Bransford announced that the number of trucks per zone will increase.

    Mayor Nugent asked if they could attend the next Council meeting with an update. Mr. Bransford agreed to the request.

  5. REQUESTS

    A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve the following requests for an exception to the City of Nederland water billing policy due to circumstances associated with Hurricane Rita by allowing a six month average for water and sewer: Louise Grossman, 315 - 4th Street, revised billing amount from $171.17 to $32.12; John Wise, 203 - 15th Street, revised billing amount from $155.72 to $42.42; Michael W. Johnson, 316 - 15th Street, revised billing amount from $256.70 to $81.60; Melody Gilbert, 2704 Avenue M, revised billing amount from $186.62 to $57.87; Jeffrey Campbell, 720 - 15th Street, revised billing amount from $242.00 to $69.90; and, A. O. Zarate, 3503 Avenue D, revised billing amount from $150.57 to $37.27. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

    Andre' Wimer, City Manager, stated that Gregory and Patricia Martin, 704 Chicago Avenue, are requesting that the City abandon 96'8" of the right-of-way at the dead end of 7th Street, however, in accordance with State statutes the requesting party must have a survey and appraisal done and all abutting property owners must be in agreement. At this time Mr. Wimer is requesting that Council advise if they would be agreeable to abandon the property in question before Mr. and Mrs. Martin proceed with the requirements of the statutes.

    A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to authorizes Gregory and Patricia Martin, 704 Chicago Avenue, to proceed with obtaining the survey and appraisal of the 96'8" right-of-way at the dead end of 7th Street in order to request that it be abandoned by the City. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

    Mr. Steve Hogg, 1419 Avenue E, addressed the Council relative to the condition of the property at 1423 Avenue E. He stated that this problem has been ongoing for over a year. The house is vacant and in disrepair. The owners have informed him that they are working on the house in order to move in to it, but there are not much signs of progress. There are nine cats living in the house, high weeds, debris, and a swimming pool with no fence around it. Mr. Hogg asked if there is anything the City can do to address the issue of animals living in a vacant house.

    Andre' Wimer, City Manager, stated that the City has initiated a clean-up notice and if the property owners do not comply the City will do the work and bill them for the cost. If they do not pay then a lien will be placed on the property.

    Mayor Nugent stated that City staff will research the issue regarding animals living in vacant houses, as well as, other steps that can be taken to get the property cleaned up.

  6. EXECUTIVIE SESSION

    The regular meeting was recessed at 4:00 p.m. by Mayor Nugent for the purpose of conducting an Executive Session in accordance with Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; appeal of CenterPoint Energy Entex from ratesetting actions of the City of Nederland; and, consultation with City Attorney.

  7. RECONVENE

    The regular meeting was reconvened at 4:23 p.m. by Mayor Nugent.

    A motion was made by Councilmember Rogers and seconded by Mayor Nugent to further appeal the decision of the the District Court, contingent upon the Cities of Port Neches and Groves joining in the appeal, in the Texas Gas Service Company ratesetting case. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  8. REQUESTS (continued)

    Shirley LeDoux, 1207 South 14th Street, addressed the Council relative to the possible enactment of an ordinance governing registered sex offenders. Mrs. LeDoux stated that she has researched other ordinances and found that some ciites are placing restrictions that would not allow a registered sex offender from living within 1,000 feet of places where children "gather." She added that she began this research after a registered sex offender moved across the street from her residence. She is fearful of letting her grandchildren play in her yard.

    Councilmember Sheffield suggested that the City place a link to the registered sex offender database on our website.

    The Council was supportive of further investigation regarding what types of ordinances can legally be adopted.

    A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to direct the City Attorney to further review the feasibility of such an ordinance and to potentially draft an ordinance regulating registered sex offenders. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  9. PERMITS

    A motion was made by Councilmember Griffin and seconded by Mayor Pro Tem Neal to authorize a permit for StatCare EMS to operate within the City of Nederland. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  10. RESOLUTIONS

    A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve Resolution No. 2005-19, casting all votes for Charles Lankford to the Jefferson County Appraisal District Board of Directors. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tem Neal to approve Resolution No. 2005-20, approving the 2005 tax roll as certified by the Jefferson County Tax Office. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  11. WAIVERS

    A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Rogers to authorize the waiver of penalty and interest on Tax Account No. 862181-004000 and Tax Account No. 862181-004100. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  12. BIDS/PROPOSALS

    A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to authorize the advertisement of bids for roof and structural repairs to City of Nederland buildings as a result of Hurricane Rita. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Mayor Nugent and seconded by Councilmember Rogers to authorize the advertisement of bids for interior repairs to City of Nederland buildings as a result of Hurricane Rita. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  13. HURRICANE RITA DEBRIS REMOVAL ASSISTANCE

    A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tem Neal to authorize that the City of Nederland request that Direct Federal Assistance for Hurricane Rita debris removal be assigned to the U. S. Army Corps of Engineers. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  14. PAYMENTS

    A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to approve a payment to Schaumburg & Polk, Inc. in the amount of $120.00, Beauxart Garden Road improvements. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Neal to approve payment of the bills for the month of October. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  15. OFFICIALS' COMMENTS

    None.

  16. ADJOURN

    There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 5:04 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

END Meeting Minutes from Monday, November 14, 2005


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