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, July 24, 2006

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. July 24, 2006
  1. MEETING

    The regular 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 Mayor Pro Tem Griffin to approve the minutes of the July 10, 2006 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  3. REQUEST

    Laura Murray, 210 South 14 1/2 Street, addressed the Council regarding sewer line repairs made under her driveway. Ms. Murray stated that her asphalt driveway was dug up in order to make repairs to the sewer line and the City replaced the asphalt with sand and limestone base. As a result of heavy rains the base settled resulting in the front tires of her car sinking into the previously excavated area. Ms. Murray added that she had to call a tow truck to remove her car from the area that resulted in some minor damage to the vehicle, however, that the tow truck company reimbursed her for that damage. While her vehicle was being repaired she had to rent a vehicle for three (3) days. She asked that her driveway be replaced with asphalt to prevent this occurring again.

    André Wimer, City Manager, explained to Ms. Murray that it is the City's practice that when limestone base is used that enough time elapse to insure that it is completely settled prior to replacing the asphalt. Ms. Murray was not aware that the asphalt would be replaced, but was pleased that it would be. She thanked the Council for their time.

  4. BIDS/PURCHASES

    A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve the purchase of a zero turning radius lawnmower for the Parks Department through BuyBoard in the amount of $8,079.20. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  5. INVESTMENT REPORT

    Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending June 30, 2006.

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

  6. STREETS AND SIDEWALKS

    André Wimer, City Manager, reported that the Texas Department of Transportation (TxDOT) is considering improvements to the FM 365 and Highway 69 intersection in order to alleviate traffic congestion. As noted in their proposed plans, however, a concrete medium would be constructed which would prevent traffic from turning left off of S. 37th Street onto FM 365. It would appear that this construction would negatively impact The Plaza shopping area and adjoining businesses by restricting ingress and egress; conversely, it would appear to benefit commercial development in Port Arthur. TxDOT has requested comments/concerns from the City.

    Stavros Megas, The Plaza, indicated that they are opposed to the proposed work because it will prevent eastbound traffic on Hwy. 365 from entering The Plaza. They would like the crossover to remain open or an alternate revision suggested. It was suggested that they contact State Representative Allan Ritter's office to officially voice their concerns with the proposed plan.

    A motion was made by Mayor Pro Tem Griffin and seconded by Councilmember Rogers to send written comments to TxDOT opposing the proposed closure of the crossover at South 37th Street and Hwy. 365, and that an alternate plan be offered that would not limit access to The Plaza. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  7. PAYMENTS

    A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve payments to N & T Construction Co., Inc. as follows: $33,090.04, Hurricane Rita renovations of the Recreation Center and Hughes Library; and, $20,337.35, Hurricane Rita renovations of the Fire Station. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  8. PUBLIC HEARING

    The regular meeting was recessed and a Public Hearing was called to order at 6:26 p.m. for the purpose of receiving questions and/or comments regarding the proposed City of Nederland Fiscal Year 2006-2007 Annual Budget.

    André Wimer, City Manager, stated that in accordance with the City Charter a Public Hearing must be conducted prior to August 15th of each year on the proposed annual budget. The Public Hearing gives interested persons the opportunity to comment on the budget. The City Council retains the authority to modify the proposed budget as deemed necessary. He added that the biggest change in the proposed budget is the addition of an employee for Mid-County Central Dispatch. The certified tax roll and the effective tax rate should be available sometime this week.

    There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:29 p.m.

  9. CAPITAL IMPROVEMENT PROGRAM

    André Wimer, City Manager, briefly reviewed the Five Year Capital Improvement Plan, adding that it totals almost $3.5 million.

  10. EXECUTIVE SESSION

    The regular meeting was recessed at 6:31 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; consider potential litigation against Galveston Wireless, L.L.C.; and, consultation with City Attorney.

  11. RECONVENE

    The regular meeting was reconvened at 6:51 p.m. by Mayor Nugent.

    A motion was made by Mayor Nugent and seconded by Councilmember Rogers to authorize the City Attorney to solicit an installment agreement with Galveston Wireless, L.L.C. and in the event they default a lawsuit will be filed. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

  12. CITIZEN COMMENTS

    Mark LeGrande, 1515 Nederland Avenue, asked to address the Council relative to the 90-day repair order issued by the City Council on March 27, 2006.

    André Wimer, City Manager, explained to Mr. LeGrande that the Council could not take any action because this item was not a part of the agenda. Mr. LeGrande added that he wanted to ask for additional time to make the necessary repairs and to review the details of the March 27th Public Hearing. Mr. Hughes, City Attorney, again explained that the Council cannot engage in conversation with him on this matter but can only listen to his comments. Mr. Wimer added that due to a publication error those orders authorized by the Council at that Public Hearing will once again be reviewed during another Public Hearing on August 28th, and that prior to that meeting no action will be taken by the Building Official.

  13. PUBLIC OFFICIALS' COMMENTS

    André Wimer, City Manager, reported that the City of Port Arthur has agreed to release a portion of its ETJ west of Holmes Road to the City of Nederland. Dr. Rao intends to construct a large subdivision on this approximately 90-acre tract. An item to amend the City's ETJ ordinance should appear on the next agenda for approval. Mr. Wimer added that the traffic signal program provided by TxDOT has changed dramatically going from basically 100% funded to now being approximately $75,000 per intersection. Due to the increase to the City these may now be done in-house. Finally, Mr. Wimer indicated that the City's $500,000 request for Hurricane Rita CDBG disaster relief funds may be in jeopardy due to proposed changes in allowable expenditures by the State. This change would impact all cities that have requested funding. The SETRPC and David Waxman are monitoring this situation.

  14. ADJOURN

    There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Sheffield to adjourn the meeting at 7:08 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers.
    Noes: None.

END Meeting Minutes from Monday, July 24, 2006


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