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

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

Meeting Minutes from Monday, July 9, 2007

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

3:00 p.m. July 9, 2007
  1. MEETING

    The meeting was called to order at 3:00 p.m. by Mayor Pro Tem Bert Rogers 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 to approve the minutes of the June 23, 2007 meeting as written. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

  3. PUBLIC HEARING

    The regular meeting was recessed and a Public Hearing was called to order at 3:02 p.m. by Mayor Pro Tem Rogers for the purpose of receiving comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses:

    2703 Avenue G
    804 South Twin City Highway
    1208 South Twin City Highway
    2108 Helena Avenue Space 25
    2108 Helena Avenue Space 7
    1128 Franklin Avenue
    311 South 3 Street
    207 - 31 Street
    2506 Avenue H

    Rod Hatch, Building Official, gave a brief report on each structure. He stated that all would require more than 50% of the fair market value to rebuild or make habitable. Mr. Hatch added that all structures meet the demolition requirements of Ordinance No. 2001-07. He recommended that if any of the structures are not repaired or removed by the deadline imposed by the Council that they be demolished.

    Teri Erwin, 6571 - 39th Street, Groves, TX, stated that the structure located at 1128 Franklin was owned by her deceased aunt and was left to her father. The property has been listed with a real estate agent and they feel it will be sold soon. Ms. Erwin asked for a 90-day extension in order to give them more time to sell the property.

    Patsy Sedtal, 307 South 3 Street, spoke on behalf of the neighbors in the area of 311 South 3 Street. She indicated that this property is being used for a junk yard and has been vacant for several years. There is no electricity or services to the structure. She added that the property owner is seen at the location approximately once per week or less. They would like to see this structure demolished as soon as possible.

    Tuyett Ngyuen, 1002 Avenue B #79, stated that she bought the property at 2506 Avenue H and wants to have the structure demolished in order to construct a new home at this location. She is currently trying to obtain bids for the demolition.

    There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:17 p.m. by Mayor Pro Tem Rogers.

  4. ABANDONED AND DILAPIDATED STRUCTURES

    A motion was made by Councilmember Griffin and seconded by Councilmember Neal to set a 60-day time period for Michael Rooney to comply with the demolition and removal of the house and garage located at 2703 Avenue G, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tem Rogers to postpone action regarding the rehabilitation or condemnation of abandoned and dilapidated structure at 807 South Twin City Highway due to a typographical error on the agenda. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to set a 60-day time period for Sol Arkeen Enterprises to comply with the demolition and removal of the structure located at 1208 South Twin City Highway, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Councilmember Sheffield and seconded by Councilmember Griffin to set a 60-day time period for Johnny Campez to comply with the demolition and removal of the structure located at 2108 Helena Avenue Space 25, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sheffield to set a 60-day time period for Susan Shirley to comply with the demolition and removal of the structure located at 2108 Helena Avenue Space 7, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Councilmember Griffin and seconded by Councilmember Neal to set a 60-day time period for the Estate of June Dunnington to comply with the demolition and removal of the structure located at 1128 Franklin, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tem Rogers to set a 60-day time period for Donnell Dennis to comply with the demolition and removal of the structure and debirs located at 311 South 3 Street, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember sheffield to set a 30-day time period for Cleve G. Samford to comply with the demolition and removal of the storage building located at 207 - 31 Street, and in the event that the structure is not demolished within the 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to set a 60-day time period for Tuyet Nguyen to comply with the demolition and removal of the structure located at 2506 Avenue H, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

  5. AGREEMENT

    A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve an agreement with Merrick Bank/ETS Corporation for credit card processing services. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

  6. ORDINANCE

    A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Ordinance No. 2007-04, establishing processing fees for credit card payments. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

  7. PAYMENTS

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Griffin to approve a payment to Carroll & Blackman, Inc. in the amount of $2,997.00, 12th Street and Avenue H sewer line relocation. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve payments to ALLCO, Ltd. As follows: $36,518.00, 2007 Emergency Sewer Rehabilitation, Pay Request No. 1; and, $110,554.54, 2007 Emergency Sewer Rehabilitation, Pay Request No. 2. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

    A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve payment of the bills for the month of June, 2007. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

  8. BUDGET

    André Wimer, City Manager, gave a brief overview of the proposed 2006-2007 budget and announced that the Public Hearing will be held at 6:00 p.m., July 23rd. The proposed budget for all funds totals $17,866,730. The budget includes projected revenues of $7,266,709 and anticipated expenditures of $7,666,709. Fund balance, as a result of a temporary increase in sales tax collections, in the amount of $400,000 will be utilized to offset this difference which reflects a transfer to the Equipment Replacement Fund-General Fund.

    Mr. Wimer added that based upon information received from the Jefferson County Appraisal District, it appears that there will be a substantial increase in taxable values. Due to the amount of the increase a tax rate has not been projected at this time. The tax roll will be certified on or near July 25, 2007. At that time, it will be possible to then propose a tax rate for FY 2007-2008.

    The City Manager reviewed the significant changes in the General Fund. Expenditures in the Legal Department have increased by $9,020 primarily as a result of an increase in monthly legal fees; Contractual Services increased by $13,000 due to anticipated additional costs paid to the Jefferson County Appraisal District; $19,200 increase for the purchase of nine (9) self-contained breathing apparatus air bottles and four (4) sets of bunker gear in the Fire Department; $3,200 for the purchase of four (4) tasers in the Police Department; $63,044 increase in overtime in the Police Department; $4,000 increase for Extra Help in Police-Prisoners due to the establishment of an increased and more routine use of inmate labor; $25,000 increase in Public Works Administration for the implementation and enforcement of Federal and State stormwater regulations; $175,000 for major street repairs; $14,800 total increase in all departments for electricity; $9,000 total increase in all department for fuel costs; and various Extra Help line items throughout the General Fund reflect increases due to the scheduled increase in the minimum wage in accordance with Federal regulations.

    The City Manager reviewed the significant changes in the remaining funds. The budget for Water Treatment reflects significant increases for chemicals, $12,100, and electricity, $10,000, both of which are due to current market conditions. Mr. Wimer added that $90,000 has been included for repair and rehabilitation of the Canal Avenue water tower and $10,000 for painting the water filter room at the Water Treatment Plant. The Wastewater Treatment Plant budget includes $20,000 for electricity costs in addition to amount allocated within the operations agreement with Severn Trent Environmental Services, Inc.

    The Solid Waste Fund includes a transfer to the Equipment Replacement Fund-Solid Waste Fund in the amount of $172,319 due to the significant increase in cost for both garbage and trash trucks. The proposed budget reflects an increase of $14,000 for fuel expenditures. Also included is $7,000 for the purchase of GPS hardware and software for Solid Waste Department vehicles, and video equipment to monitor unauthorized trash dumping.

    The Equipment Replacement Fund- General Fund includes $63,000 for the purchase of one (1) police car, one (1) car for the Inspections Department, and one (1) 3/4 ton pickup truck for the Shop. The Equipment Replacement Fund-Water and Sewer Fund includes $22,000 for a 3/4 ton pickup truck for the Water Distribution/Sewer Collection Department, and the Solid Waste Fund includes $195,000 for the purchase of a garbage truck.

    The budget for Central Dispatch includes the creation of one (1) additional Telecommunications Operator position; a Contingency amount of $25,000 as a means of attempting to increase the available fund balance; and a $10,000 transfer to General Fund to reimburse the City for administrative costs incurred in the operation and oversight of Central Dispatch. In order to fund these proposed expenditures the contribution to Central Dispatch will be based upon $1.19 per capita, which will increase Nederland's portion by $13,999.

    Total debt service requirements for FY 07-08 total $2,043,925.

    With regard to personnel issues Mr. Wimer added that the budget includes a three and one half percent (3.5%) cost of living increase for employees. He added that the proposed budget attempts to maintain sufficient levels of reserve funds, while allocating estimated revenues for operational expenses.

    A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Resoltuion No. 2007-11, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2007 and ending September 30, 2008, and calling for a Public Hearing to be held at 6:00 p.m., July 23, 2007, for the purpose of discussing the proposed budget as per Article VII of the City Charter. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

  9. CAPITAL IMPROVEMENT PROGRAM

    André Wimer, City Manager, reviewed the proposed Five Year Capital Improvement Program for the years 2008-2012 which identifies capital expenditures/projects totaling $3,812,500. He added that the CIP is intended to act as a guide for future capital expenditures and provide a framework for identifying capital requirements, scheduling projects, coordinating selected projects, and identifying fiscal impacts. He reviewed each category of the CIP, which includes Water Treatment and Storage, Water Distribution System, Wastewater Treatment, Wastewater Collection System, Street Improvements, and Facility Improvements.

  10. EXECUTIVE SESSION

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

  11. OFFICIALS' COMMENTS

    André Wimer, City Manager, reported that it is anticipated that Texas Gas Service will be filing a rate increase within the next few days. He added that the City's bomag has been repaired and the cost was approximately $20,000. Mr. Wimer stated that he and LaDonna Floyd, City Clerk, would be attending the Jefferson County Elections Committee meeting on Wednesday at the Courthouse.

    Councilmember Sheffield announced that he will be moving out of the City, therefore, will be ineligible to serve out the remainder of his term. He regrets that he will be unable to continue his service but he enjoyed his time serving the citizens of Nederland. Councilmember Sheffield indicated that this would be his last meeting. He then suggested that the remaining members of the City Council appoint former Councilmember Sawyer to his unexpired term.

    Mr. Wimer stated that the City Charter requires a replacement be appointed within 30 days. Mr. Hughes, City Attorney, added that if the Council does not accept Councilmember Sheffield's resignation today it would automatically become effective in eight days. Mayor Pro Tem Rogers suggested that a special meeting be called for later in the week to appoint a replacement. Councilmember Neal stated that he would like to wait until the next regular meeting to make a final decision in order to give all citizens in Ward I an opportunity to submit their name for consideration.

    After a lengthy discussion the City Attorney was instructed to review State law and the City Charter to determine the proper procedure to appoint someone for the unexpired term of Councilmember Sheffield.

  12. ADJOURN

    There being no further business a motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Griffin to adjourn the meeting at 5:22 p.m. MOTION CARRIED.
    Ayes: Mayor Pro Tem Rogers, Councilmembers Sheffield, Neal, and Griffin.
    Noes: None. Absent: Mayor Nugent.

END Meeting Minutes from Monday, July 9, 2007


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