City of Nederland Logo
City of Nederland Don Albanese, Mayor
Billy Neal, Mayor Pro Tem
Talmadge Austin, Councilmember
Emmett Hollier, Councilmember
Sylvia Root, Councilmember
Christopher Duque, City Manager

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

Meeting Minutes from Monday, February 27, 2006

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. February 27, 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 Sheffield and seconded by Councilmember Rogers to approve the minutes of the February 13, 2006 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  3. PROCLAMATION

    Mayor Nugent presented a proclamation to Reagan Hawkins, President Elect, Nederland Teachers Association, declaring February 28, 2006 as "Read Across America Day" in Nederland. Mr. Hawkins thanked the City Council for their support.

    A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve a Proclamation declaring February 28, 2006 as "Read Across America Day" in Nederland, Texas. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  4. PUBLIC HEARING

    The regular meeting was recessed and a Public Hearing was called to order at 6:04 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding the Application and/or Resolution in regards to the Office of Rural Community Affairs Hurricane Disaster Relief Fund.

    Andre Wimer, City Manager, stated that it may be possible for the City to qualify for and receive ORCA funds to pay for hurricane-related expenditures that are not reimbursed by either the City's insurance or FEMA. The maximum amount available would be $350,000. The Public Hearing is the first step in the application process for these potential funds.

    Randy Blanks, David J. Waxman, Inc., added that the City Council will need to approve the actual project sometime in the near future.

    There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened by Mayor Nugent at 6:05 p.m.

  5. DISCUSSION

    Richard Hughes, City Attorney, presented a proposed ordinance that would place restrictions on registered sex offender's residency by prohibiting them from residing within 1,000 feet of a school, day-care facility, or public parks within the City limits. He stated that he is reluctant from including playgrounds and arcades because he is fearful that it would encompass the entire City. He only included those sex offenders that have been convicted or or placed on deferred adjudication for a sexual offense involving a child for which the individual is required to register as a sex offender. Mr. Hughes discussed the definition he included for "residence" which states that it is where a person resides for a period of four or more days, but he added that the City Council could change that time frame to whatever they deemed appropriate. Sex offenders who currently reside in the City would be "grandfathered" under the ordinance. A map showing the areas of the City that are within the proposed 1,000 feet was available for viewing.

    Mr. Wimer added that the proposed ordinance did not include area churches that provide Mother's Day Out care facilities. Mr. Hughes stated that these types of day cares could be added to the definition.

    Councilmember Rogers asked if the distance is measured from the easement or property line. Mr. Hughes responded that it is from the property lines and he is suggesting that the measurement criteria needs to be fined tune to clearly state the procedure used.

    Mr. Wimer stated that no action will be taken today and asked that the Council continue to review the proposed ordinance and report back to him with any comments and/or suggestions. He added that he will have the map updated to include the Mother's Day Out facilities.

  6. STREET PROGRAM

    A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Rogers to approve the 2006 Street Program (see attached). MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  7. WATER AND SEWER

    A motion was made by Councilmember Griffin and seconded by Councilmember Sheffield to accept two (2) easements from the Nederland Economic Development Corporation; and, to accept a sewer line; a water line and fire hydrant, and a water line from the Nederland Economic Development Corporation. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  8. BIDS/PURCHASES

    A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tem Neal to award bids received for repairs to the Fire Station to Daniels Building and Construction, Beaumont, TX, in the amount of $143,702.00. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  9. CONTRACTS/AGREEMENTS

    A motion was made by Mayor Pro Tem Neal and seconded by Mayor Nugent to approve an agreement with DSR & Associates for inspection of the Hardy Avenue water tower. 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 an agreement with DSR & Associates for hurricane-related repairs to the South 5th Street and Canal Avenue water towers. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

    A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve a contract with the Houston Area Library Automated Network (HALAN) for an integrated library operating system. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

    A motion was made by Councilmember Griffin and seconded by Councilmember Sheffield to approve a contract with d.p. Consulting Engineers, Inc. in the amount of $52,000.00 for engineering services associated with the City's FY 2006 Texas Community Development Program Grant contingent upon final approval by the City Attorney. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  10. TEXAS COMMUNITY DEVELOPMENT PROGRAM

    A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve Resolution No. 2006-05, designating signatories for the City's FY 2006 Texas Community Development Program Grant project. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  11. PAYMENTS

    A motion was made by Mayor Pro Tem Neal and seconded by Mayor Nugent to approve a payment to Neches Engineers in the amount of $1,104.14, Hurricane Rita roof repairs to 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 Nugent to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $6,252.50, 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 Sheffield and seconded by Mayor Nugent to approve a payment to Galveston Wireless L.L.C. in the amount of $28,578.50, communications tower, contingent upon City staff satisfaction with the project. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  12. EXECUTIVE SESSION

    A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to postpone the Executive Session. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

  13. OFFICIALS' COMMENTS

    None.

  14. TRAINING

    To satisfy the requirements of Senate Bill 286 the Mayor, City Council, City Manager, City Attorney, and City Clerk viewed the Texas Attorney General's Open Meetings Training video. Also in attendance were two members of the Firefighters' Civil Service Commission: Jerry McNeill and George Eisenmann; and one member of the Planning and Zoning Commission: Homer Nagel.

  15. ADJOURN

    There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 6:45 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin and Rogers.
    Noes: None.

END Meeting Minutes from Monday, February 27, 2006


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