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, January 23, 2006

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. January 23, 2006
  1. MEETING

    The meeting was called to order at 6:00 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 Rogers and seconded by Councilmember Griffin to approve the minutes of the January 9, 2006 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  3. HURRICANE RITA

    Bob Smiley, United States Corps of Engineers, gave a brief update on the Hurricane Rita debris removal. Mr. Smiley reported they are making substantial progress and within the next few days should be 90-95% complete, excluding stumps. With the additional crews being added he feels that Nederland should be completed within the next two weeks. He added that to date they have removed approximately 78,000 cy of debris.

    On behalf of the City Council and the citizens of Nederland the City Manager thanked Mr. Smiley for the work performed by the Corps. Their service to Nederland has saved a tremendous amount of tax dollars that otherwise would have been used by City staff.

  4. STREETS AND SIDEWALKS

    A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tem Neal to authorize the closure of various City street for Heritage Festival activities (see attached). MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  5. WAIVER

    A motion was made by Councilmember Griffin and seconded by Mayor Nugent to authorize the Jefferson County Mosquito Control to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the City limits of Nederland. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  6. HAZARD MITIGATION PROJECTS

    A motion was made by Mayor Nugent and seconded by Councilmember Rogers to not submit potential projects to the Division of Emergency Management Hazard Mitigation Grant Programs as recommended by staff. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  7. INVESTMENT REPORT

    A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tem Neal to accept the Quarterly Investment Report as presented by Cheryl Dowden, Director of Finance (see attached). MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  8. RESOLUTION

    A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Griffin to approve Resolution No. 2006-01, adopting the Regional Hazard Mitigation Action Plan and the Jefferson County Hazard Mitigation Action Plan. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  9. DISCUSSION

    Richard Hughes, City Attorney, gave an update on his research regarding the possible ordinance regarding the residence requirements of registered sex offenders. He stated that this is a subject that is new idea and is quickly growing throughout Texas as well as other states. Mr. Hughes added that he has reviewed several ordinances of other cities outside Texas and most of them only regulate residence with regard to proximity to public schools and public places such as parks, etc. He stated that the City could not legally adopt an ordinance that would potentially eliminate all areas of the City. There is currently a Texas state law that prohibits convicted child molesters while on probation from going within 1,000 feet of public schools, day cares, parks, etc. If the City were to adopt an ordinance he would suggest that we adopt the same language that is in that law and only make it applicable to registered sex offenders who were convicted of crimes against children. Mr. Hughes feels that the City could adopt an ordinance but the regulations should be carefully considered.

    Shirley LeDoux, 1207 South 14 Street, stated that although she asked the Council to adopt such an ordinance she would not want them to be taken to court over legalities. She agreed that the registered sex offender against children would probably be the way to write a proposed ordinance.

    After a brief discussion the Mayor and Council directed the City Attorney to draft a proposed ordinance for Council review at a later date.

  10. PAYMENTS

    A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve a payment to The LaBiche Architectural Group in the amount of $15,342.01, Hurricane Rita restoration of City buildings. 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 a payment to Neches Engineers in the amount of $9,431.79, Hurricane Rita roof repairs to City buildings. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  11. EXECUTIVE SESSION

    The regular meeting was recessed at 6:50 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; 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; and, Chapter 551.087, economic development negotiations.

  12. RECONVENE

    The regular meeting was reconvened at 7:12 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only.

  13. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, reported that the City has rented a vacuum truck in order to help clear hurricane related debris from drainage inlets. He also reported that the intersection projects that are normally 100% funded by the Texas Department of Transportation will now be an 80/20 split, therefore, he suggested that we may only want to apply for two out of the three this year. He recommended that 14th Street @ Nederland Avenue and 21st Street at Nederland Avenue be considered.

    LaDonna Floyd, City Clerk, suggested that the City use the iVotronic Direct Recording Equipment (DRE) voting system for early voting and Election Day during the upcoming May 13th General Election. She added that the City leases the equipment from Jefferson County and feels it would be easier for the voters to only utilize the one system rather that operating the DRE and the optical scan. The Council agreed to the suggestion of the City Clerk.

  14. ADJOURN

    There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 7:20 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

END Meeting Minutes from Monday, January 23, 2006


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