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, June 28, 2004

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. June 28, 2004
  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 Radcliff and seconded by Councilmember Rogers to approve the minutes of the June 14, 2004 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  3. REQUEST

    Andre' Wimer, City Manager, gave a brief history of the development of Pirate's Cove Subdivision (which consists of a private street) and explained that Harry Wiltz is requesting that the City continue to pay for the street lights. Mr. Wimer stated that the subdivision was constructed in the early 1990's and the street did not meet City standards in terms of the cul-de-sac turning radius and, therefore, was never accepted as a dedicated right-of-way. The original developer requested Entergy to install three (3) street lights during the initial construction. Entergy recently completed an audit of their street light inventory and provided maps to the City which included the Pirate's Cove street lights. It appears that the City has been paying for the street lights only since the completion of the audit by Entergy and prior to that no one was being billed for them. Mr. Wimer added that when this was discovered he contacted Mr. Wiltz to inform him that the City does not pay for street lights on private property. At that time Mr. Wiltz submitted a request to be included on the agenda to seek Council approval to continue paying for the street lights.

    Harry Wiltz, 712 Pirates Cove, addressed the Council to request that the City continue to pay for the street lights. He added that they had contacted Entergy to have one of the lights removed, but as of today that has still not been done. He is the new developer of the subdivision and feels that the added tax base should warrant the City's continued payment of the lights.

    Richard Hughes, City Attorney, responded that under State statutes the City cannot legally expend public funds on private property and there was no legal authority for the Council to approve this request. He recommended that the Council deny the request.

    A motion was made by Mayor Nugent and seconded by Councilmember Rogers to deny the request from Harry Wiltz for the City to pay for the costs associated with street lights on Pirate's Cove, which is a private street. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  4. PUBLIC HEARING

    The regular meeting was recessed and a Public Hearing was called to order at 6:24 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following locations: 2803 Avenue H, Sp. 5; 2803 Avenue H, Sp. 8; 702 South 9th Street; and, 421 South Hwy. 69.

    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.

    Mr. Hatch recommended 60 days for the removal or relocation of both trailer houses at 2803 Avenue H. The owner of the park, Richard Mitchell, is the owner of the trailer located on Space 5. Mr. Mitchell did accept the first notification mailed to him, but refused the second notice informing him of this Public Hearing. Mr. Mitchell informed Mr. Hatch that Kurt Norris was the owner of the trailer on Space 8 and that he had vacated the trailer and left no forwarding address. Mr. Norris has not accepted either notification from the City. Mr. Hatch recommended that Mr. Mitchell be notified that he will be given 60 days to remove both structures.

    The structure located at 702 South 9th Street is owned by Jolei Shipley and was found to have mold throughout. An insurance claim was filed by Mrs. Shipley and the claim was paid over a year ago, but no improvements have been made. Mr. Hatch informed Council that Mrs. Shipley did obtain a demolition permit last week and expects to begin the process during the week of July 5th. He recommended that Mrs. Shipley be notified that she will be given 60 days to remove the structure.

    Mr. Hatch reported that Deidre Bell Wood, owner of the structure located at 421 South Hwy. 69 had obtained a demolition permit in October of 2003, but because of major health problems has been unable to proceed with the demolition. Ms. Wood was notified of the Public Hearing. Mr. Hatch recommended that she be given 60 days to remove the structure.

  5. RECONVENE

    There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:39 p.m. by Mayor Nugent.

  6. BUILDING AND BUILDING REGULATIONS

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to set a 60-day time period for Richard Mitchell to comply with the demolition and removal of the structure located at 2803 Avenue H, Space 5, and in the event that the structure is not removed 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 Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Councilmember Radcliff and seconded by Mayor Nugent to set a 60-day time period for Richard Mitchell to comply with the demolition and removal of the structure located at 2803 Avenue H, Space 8, and in the event that the structure is not removed 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 Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Radcliff to set a 60-day time period for Jolei Shipley to comply with the demolition and removal of the structure located at 702 South 9th Street, and in the event that the structure is not removed 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 Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem sawyer to set a 60-day time period for Deidre Bell Wood to comply with the demolition and removal of the structure located at 421 South Hwy. 69, and in the event that the structure is not removed 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 Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  7. GRANT

    Andre Wimer, City Manager, reported that the South East Texas Regional Planning Commission has recently issued a Request for Proposals for solid waste grants. The SETRPC receives funding from the State for distribution to governmental entities; this year, $121,555 is available for disbursement in this area. He reminded Council that each year the Cities of Nederland, Port Neches, and Groves have jointly submitted a grant and this year the City of Groves will be preparing the application for all three cities. The application will request funding for printing and mailing of solid waste instructions/informational literature to citizens, the publication of solid waste information in newspapers, purchasing composting bins for distribution to residents, and obtaining signs for the old landfill site.

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to authorize the submission of a grant application to the South East Texas Regional Planning Commission for a Solid Waste project. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  8. ORDINANCE

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve Ordinance No. 2004-04, amending the 2003-2004 budget. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  9. PAYMENTS

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve payments to Brystar Contracting, Inc. as follows: $122,694.95, South 5th Street trunk line replacement; and, $39,557.62, South 5th Street trunk line replacement, partial release of retainage. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  10. APPOINTMENTS

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to appoint Councilmember Bert Rogers as an alternate representative to the South East Texas Regional Planning Commission Executive Committee. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Councilmember Radcliff and seconded by Mayor Nugent to appoint Charlana Russell as the Lay Representative and Sonya Willis as alternate to the Houston Area Library System (HALS) beginning September 1, 2004 and ending August 31, 2006. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Councilmember Rogers and seconded by Mayor Nugent to appoint Rick Williams to the Firefighters' Civil Service Commission for a three-year term. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve the following appointments to the Planning and Zoning Commission for a two-year term beginning July 1, 2004 and ending June 30, 2006: C. J. Schexnaider, Jack Porter, Mark Griffin, Tim Sheffield, and Homer Nagel. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to appoint Bill Cummins and Barney Green to the Zoning Board of Appeals/Trailer Park Board of Appeals for a four-year term beginning July 1, 2004 and ending June 30, 2008. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve the following appointments to the Construction Board of Appeals: Jackie Miller, Bob Smith, Mike Spell, and, Bill Wills for a two-year term beginning July 1, 2004 and ending June 30, 2006; and, Danny Delahoussaye for a one-year term beginning July 1, 2004 and ending June 30, 2005. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  11. EXECUTIVE SESSION

    The regular meeting was recessed at 6:59 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, personnel appointments - City Clerk, Director of Finance/Assistant City Manager, Fire Chief/Fire Marshal, Police Chief, City Judge, City Attorney, Emergency Management Coordinator, and Assistant Emergency Management Coordinator; 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.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; and, consultation with City Attorney.

  12. RECONVENE

    The regular meeting was reconvened at 7:10 p.m. by Mayor Nugent. He announced all items were for informational purposes only, except personnel appointments which will be voted upon in open session.

  13. PUBLIC OFFICIALS'

    A motion was made by mayor Nugent and seconded by Councilmember Radcliff to authorize the following appointments: LaDonna Floyd, City Clerk; Cheryl Dowden, Director of Finance/Assistant City Manager; Mike Lovelady, Fire Chief/Fire Marshal; Darrell Bush, Police Chief; John Borne, City Judge; Richard Hughes, City Attorney; Mike Lovelady, Emergency Management Coordinator; and, Darrell Bush, Assistant Emergency Management Coordinator. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  14. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, reported that Consumer Confidence Report was mailed to each water customer today and that the public comment requirement will be placed on the next agenda.

    Mayor Nugent stated that a letter was written to Congressman Lampson regarding the Nederland Post Office - in particular the size of the building and parking area. He feels that the post office is not of adequate size to handle the number of customers it serves.

  15. ADJOURN

    There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 7:18 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

END Meeting Minutes from Monday, June 28, 2004


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