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, August 9, 2004

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

3:00 p.m. August 9, 2004
  1. MEETING

    The meeting was called to order at 3:00 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 Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve the minutes of the July 26, 2004 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  3. REQUEST

    Andre Wimer, City Manager, explained that Ricky Mitchell, owner of a mobile home at 2803 Avenue H, has requested to address the Council relative to the demolition order that was approved at the June 28, 2004 meeting. A public hearing was conducted on that date and the Council gave 60 days to have the structure removed by the owner, or the City would remove it and a lien placed on the property.

    Ricky Mitchell, 1314 Pine Lane, Port Neches, TX, stated that he feels there has been some miscommunication between him and the City. He stated that he did receive the first notice from Rod Hatch, Building Official, informing him that the mobile home was inhabitable. However, Mr. Mitchell was under the impression that he would be allowed to make necessary repairs rather than have it removed. He added that he never received the notices informing him of the Public Hearing and the Council's subsequent action to have it removed. Mr. Wimer indicated that the Post Office had attempted delivery of the certified mail four (4) times to Mr. Mitchell and notice of the Public Hearing had been published in the Mid County Chronicle; as such, staff believes sufficient notice was provided. Since that time he has made approximately $2,500 in repairs and would like to request the Council rescind their removal order.

    Mr. Wimer added that the contractor that Mr. Mitchell hired to do the repairs did not obtain any permits, therefore, Mr. Hatch was unaware that any work was being done on the mobile home. Mr. Hatch looked at the outside of it today and indicated that skirting has been added, siding has been repaired and/or replaced, and the water lines have been repaired. He also stated that there are other mobile homes in the park that are in need of repairs.

    Richard Hughes, City Attorney, researched the legality of whether the Council can legally rescind the order and could find no mechanism to change the action, but feels it can be voided if Council desires. If the Council does void the action and sets a time limit to complete repairs and they are not completed within the time frame the entire process for demolition would have to be started again. He added that if repairs are made then the Council should be certain that the structure is in compliance with the Code. The ordinance states that structures shall be in compliance with the Code that was in effect at the time of construction.

    Mayor Pro Tem Sawyer suggested that Mr. Hatch conduct a thorough inspection and that he report back to Council prior to any decisions being made. Mr. Hughes agreed that no action be taken today and allow Mr. Hatch and Mr. Mitchell to further discuss the property and report back to Council with a recommendation. Mr. Wimer added that Mr. Mitchell should pay any expenses that may be incurred by the City if the process has to start over.

    A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone action regarding a request from Ricky Mitchell concerning his mobile home at 2803 Avenue H #5. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  4. PUBLIC HEARING

    The regular meeting was recessed and a Public Hearing was called to order at 3:25 p.m. for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year 2004-2005 Annual Budget.

    Andre 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 tax roll has not yet been certified and, as such, the proposed tax rate remains preliminary. The total preliminary taxable value is $613,272,490 which represents a 4.02% increase over the current year amount of $589,567,833. The certified tax roll should be received on Tuesday, August 10th.

    There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:30 p.m. by Mayor Nugent.

  5. EXECUTIVE SESSION

    The regular meeting was recessed at 3:30 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, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney.

  6. RECONVENE

    The regular meeting was reconvened at 4:40 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only.

  7. RESOLUTION

    A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to approve Resolution No. 2004-06, authorizing the execution of a Memorandum of Understanding between the City of Nederland and the Nederland Independent School District. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  8. GRANT

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to authorize the submission of a grant to the Hebert Foundation for the Marion & Ed Hughes Public Library. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  9. CITY SERVICES

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  10. CHANGE ORDER

    A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Sawyer to approve Change Order No. 1 and Final with Jerry Walley Construction, L.P. in the amount of -$1,250.00, for storm sewer system improvements, Allan Meadows Subdivision. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  11. PAYMENTS

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve payments to d. p. Consulting Engineers, Inc. as follows: $760.00, Boston Avenue Pavement Rehabilitation Project; $1,866.60, upper Main "C" drainage improvements; and, $578.80, Allan Meadows drainage study. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve a payment to Brystar Contracting, Inc. in the amount of $219,470.90, wastewater collection system rehabilitation (Years 4 & 5). MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve a payment to Jerry Walley Construction, L.P. in the amount of $653.63, Allan Meadows drainage project, final. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve payment of the bills for the month of July. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  12. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, reported that the new traffic signals at the intersection of 27th Street and Helena Avenue should be working tomorrow.

    Councilmember Neal reported that he received a complaint from Dale Rienstra, Bedroom Basics, relative to parking in front of his business on Boston Avenue. It appears that due to the trees and handicap parking he is losing several parking spaces. Mr. Wimer stated that staff will meet with the engineers regarding this problem.

  13. ADJOURN

    There being no further business, a motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to adjourn the meeting at 5:03 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

END Meeting Minutes from Monday, August 9, 2004


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