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, October 22, 2007

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. October 22, 2007
  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 Sawyer and seconded by Councilmember Neal to approve the minutes of the regular meeting of October 8, 2007 and the special meeting of October 16, 2007 as written.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  3. REQUESTS

    Andre' Wimer, City Manager, explained that Michael Rooney has requested that the demolition order previously issued by City Council on July 9, 2007, be rescinded. Mr. Rooney has demolished the garage and begun making necessary repairs to the remaining structure; specifically, he has been working to level the building and repair the front porch. Mr. Wimer added that Rod Hatch, Building Official, has indicated that additional work is still necessary and that Mr. Rooney appears committed to correcting all deficiencies. The remaining improvements involve removing the materials from the demolished garage, painting, replacement of rotted wood, and roof repairs.

    A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Rogers to approve a request from Michael Rooney to rescind the previous decision of the City Council to order demolition of the structure at 2703 Avenue D.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

    Andre' Wimer, City Manager, explained that Matthew and Dina Shipman are requesting that the utility bill for 2017 Avenue F be waived as they, in their opinion, did not request water service for this residence. This property is rental property and when the previous tenants moved, utility services were discontinued on September 4, 2007. On September 11, 2007, the Shipman's contacted the City by phone regarding replacement of the garbage container. At that time, staff reinitiated service to this address as water, sewer, and garbage utilities are provided as a whole; a single service, garbage collection, cannot be provided without water and sewer. Staff, operating within the City's policy, believed that the Shipman's were requesting that all services be restored. The Shipman's, however, contend that they were simply requesting that the old garbage container, which was full of garbage, be removed. Apparently, there was a toilet leak at the residence which resulted in a large bill for 30,000 gallons which totaled $178.24. The Shipman's were first aware that the utility services were restored when they received their bill on October 7, 2007. At that time, water service was disconnected and no water has been used since this date.

    A motion was made by Mayor Pro Tem Rogers and seconded by Mayor Nugent to approve a request from Matthew and Dina Shipman regarding waiver of a utility bill for 2017 Avenue F in the amount of $178.24.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  4. STREETS AND SIDEWALKS

    A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to authorize the closure of Franklin Avenue, between 12th and 13th Streets, on October 25, 2007 from 3:00 p.m. - 9:00 p.m. for Langham Elementary School's Annual Fall Carnival.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  5. PUBLIC HEARING

    The regular meeting was recessed and a Public Hearing was called to order at 6:10 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding HB 621 and Section 11.253 of the Property Tax Code.

    Andre' Wimer, City Manager, explained that in the last legislative session, HB 621 was adopted that created an exemption for "goods-in-transit" which is personal property that is acquired or imported into Texas, detained in Texas, and subsequently transported to another location. Prior to this legislation, all such goods were subject to taxation. However, the legislation now automatically exempts such goods unless action is taken by a taxing jurisdiction to tax these goods.

    There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:12 p.m. by Mayor Nugent.

  6. ORDINANCES

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to approve Ordinance No. 2007-13, taxation of goods in transit.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  7. UTILITY RATE

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve Ordinance No. 2007-14, Texas Gas Service rate request settlement. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  8. RESOLUTIONS

    A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve the second and final reading of Resolution No. 2007-19, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to The Candle Cottage.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  9. ELECTION

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to appoint Mayor Nugent and Councilmember Sawyer to canvass the election results from November 6, 2007 Special Election.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

    A motion was made by Mayor Nugent and seconded by Councilmember Sawyer to postpone setting a date for a Special Meeting to canvass the election results from the November 6, 2007 Special Election.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  10. BIDS/PROPOSALS

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to award a proposal for demolition of structures previously approved for removal by the City Council to Thomason Enterprise, Port Arthur, TX, in the amount of $14,300.00.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

    A motion was made Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to award bids received for banking services to Wells Fargo for two years with an option to renew for three additional years if satisfactory service is provided.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to award bids received for water and sewer inventory items to Rural Pipe and Supply, Jasper, TX, in the amount of $115,147.14.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  11. STREET LIGHTS

    A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Rogers to authorize the installation of a street light at the corner of 34th Street and Omaha Avenue.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  12. BOARDS AND COMMISSIONS

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to appoint Lanny Howell to the Zoning Board of Appeals to fill the unexpired term of Barney Green.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  13. WAGE AND CLASSIFICATION PROGRAM

    Andre' Wimer, City Manager, stated that James Alexis, Park Maintenance Supervisor, is retiring October 31, 2007, and he would like to propose a change in the structure of the Parks Department. Currently the Parks and Recreation Department includes three full time positions - Recreation/Aquatic Supervisor, Parks Maintenance Supervisor, and Recreation/Aquatic Assistant. The two supervisor positions report directly to the City Manager and the Recreation/Aquatic Assistant reports to the Recreation/Aquatic Supervisor. Mr. Wimer suggested eliminating both supervisor positions and creating a Parks and Recreation Supervisor (previously the Recreation/Aquatic Supervisor) that would be responsible for the overall operation of the Parks and Recreation Department; this position would report directly to the Director of Public Works. The Parks Maintenance Supervisor would be reclassified as a Maintenance Worker position. In moving the Parks and Recreation Department under the umbrella of the Public Works Department the upkeep and maintenance of parks will be improved. There will be better coordination of labor, prisoner crews, and equipment in that the Director of Public Works and other Public Works Supervisors will be aware of any required assistance for Parks and Recreation. Additionally, the Maintenance Worker assigned to Parks and Recreation will then be available to assist other Public Works functions during certain times of the year.

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to approve the elimination of the existing Recreation/Aquatic Supervisor position; create a Parks and Recreation Supervisor position, pay grade 112; eliminate the Parks Maintenance Supervisor position; and, create a Maintenance Worker position to be assigned to the Parks and Recreation Department, pay grade 105.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to reclassify the pay grade of the Recreation/Aquatics Assistant position, pay grade 105.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to reclassify the pay grade of the Library Assistant position, pay grade 103 MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  14. PAYMENTS

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a payment to ALLCO, Inc. in the amount of $17,704.77, 2007 Sewer Rehabilitation Project, Payment Request No. 5.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

  15. EXECUTIVE SESSION

    The regular meeting was recessed at 6:41 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; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; City of Nederland v. Aqua Texas, Inc.; and, consultation with City Attorney.

  16. RECONVENE

    The regular meeting was reconvened at 7:32 p.m. by Mayor Nugent. He announced that the Executive Session was held for information purposes only.

  17. OFFICIALS' COMMENTS

    Andre' Wimer, City Manager, reported that the City has been notified that it will again receive a Certificate of Achievement from the Government Finance Officers Association for the City's Comprehensive Annual Financial Report (the audit) for FY 05-06. This award is a direct result of the work performed by Cheryl Dowden and her staff. He added that the City was notified that the Federal government has denied issuing a Disaster Declaration for Hurricane Humberto. However, Governor Rick Perry has filed an appeal. If a Disaster Declaration is not ultimately issued, none of the expenses incurred to remove green waste will be reimbursed. Mr. Wimer also reported that the City received notice that it has been awarded $156,665.02 in Homeland Security grant funds. Of this amount, the Police Department will receive $68,000 for the purchase of police car cameras and related video equipment. The Fire Department will receive $88,065.02 for the purchase of laptop computers for fire trucks and rescue training expenses.

  18. ADJOURN

    There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 7:35 p.m.
    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers.
    Noes: None. Absent Councilmember Griffin

END Meeting Minutes from Monday, October 22, 2007


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