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, August 23, 2004

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. August 23, 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 Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve the minutes of the August 9, 2004 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  3. REQUESTS

    Andre Wimer, City Manager, stated that Rod Hatch, Building Official, had met with Mr. Ricky Mitchell regarding the mobile home at 2803 Avenue H #5 that the Council had issued a demolition order. Mr. Hatch indicated that significant repairs have been made to the structure and he feels it is now habitable.

    A motion was made by Councilmember Radcliff and seconded by Councilmember Neal to rescind the demolition order for the mobile home located at 2803 Avenue H, #5. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    Basil Hortman, 3934 Village Oak, Kingwood, TX, addressed the Council relative to a grass lien that was placed on property he owns at 619 South 13th Street. Mr. Hortman stated that he was unaware of this lien that a lien was placed on the property in 1973. He feels that he never received notification from the City, therefore, he is requesting that the penalty and interest be waived. The lien was discovered while he was trying to sell the property. The original fee that the City was charged to have the property cleaned was $50.00, the total with penalty and interest is $205.40.

    A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to waive the penalty and interest on the grass lien at 619 South 13th Street and to release the lien contingent upon payment of the original fee of $50.00 plus a $22.00 service charge. 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 6:13 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding the submission of an application to the Office of Rural Community Affairs for a Texas Community Development Program (TCDP) grant.

    Leslie Waxman, David J. Waxman, Inc., briefly reviewed the TCDP program and how it works. The maximum funding amount is $250,000. Ms. Waxman gave a list of eligible projects and added that water and sewer facilities typically score higher than some other activities. The purpose of the program is to improve the quality of life for low-to-moderate income level persons. She added that the City of Nederland has received funding in the past and the last project was for water and sewer lines in the Atllanta Avenue/Gage Avenue neighborhood. This project still has some needed improvements and since the City was unsuccessful during the last funding cycle this would be an excellent area to be submitted. The deadline for submission is November 5, 2004.

    Andre Wimer, City Manager, added that the City was only one point short of receiving the grant during the last funding cycle. He recommended that the Atlanta Avenue/Gage Avenue project be submitted.

    There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:25 p.m. by Mayor Nugent.

  5. WATER TREATMENT

    Robert Sangster, Water Treatment Plant Supervisor, addressed the Council relative to water treatment standards and requirements. The City of Nederland recently mailed a mandatory notification to all water customers concerning violations of Haloacetic Acids and Trihalomathanes quality standards. This was a result of levels above the maximum standards set by the Environmental Protection Agency. Mr. Sangster added that the standards were reduced by the EPA and that reduction resulted in our samples being slightly above the minimum allowable levels. The Texas Commission on Environmental Quality administers the EPA guidelines and they collect quarterly samples from all surface water treatment plants throughout Texas. These samples are then averaged to obtain the levels of contaminants. With the reduced standards the City is in the process of obtaining approval from the TCEQ for a new treatment method to avoid any further violations. Mr. Sangster informed the Council that research has shown that the test results are not considered an emergency and that to be harmful a person would have to drink over a gallon of water daily for seventy years.

  6. RESOLUTION

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve Resolution No. 2004-07, implementing the National Incident Management System (NIMS) in the City of Nederland as initiated by the Department of Homeland Security. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  7. POLICIES/PROCEDURES

    A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to approve a Fraud Prevention Policy as recommended by Edgar, Kiker & Cross, PC. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  8. BIDS/PROPROSALS

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to authorize the advertisement of bids for City property on South 16th Street to be received September 20, 2004. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  9. ORDINANCE

    A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve Ordinance No. 2004-07, utility regulations and rates, except Section 15.5 regarding Insufficient Funds Checks, in order that the City Attorney may further review that section; if approved by the City Attorney this section will remain a part of the ordinance, if not approved this section will be deleted. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  10. BUDGET

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve Ordinance No. 2004-08, an appropriation ordinance adopting a budget in accordance with Article VII in the Charter of the City of Nederland. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  11. TAX RATE

    A motion was made by Councilmember Radcliff and Councilmember Rogers to table action on adoption of a proposed tax rate and establishing a date and time for approval; table action regarding the proposed tax rate and establishing a date and time for a Public Hearing; and to approve Ordinance No. 2004-09, adopting a tax rate of $.658903 per $100 valuation for fiscal year beginning October 1, 2004 and ending September 30, 2005. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  12. CAPITAL IMPROVEMENT PROGRAM

    A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve the Five Year Capital Improvement Program. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  13. PAYMENTS

    A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to approve payments to Schaumburg & Polk, Inc. as follows: $18,280.00, 2005 collection system rehabilitation; and, $841.62, 2002-2003 collection system rehabilitation. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  14. EXECUTIVE SESSION

    The regular meeting was recessed at 7:01 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.

  15. RECONVENE

    The regular meeting was reconvened by 7:45 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only.

  16. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, reported that the Boston Avenue rehabilitation project may be completed by the end of this week. They will begin with the street striping on Tuesday, August 24th. Mr. Wimer stated that the SSES project which began 5-6 years ago has been approved by the EPA and the file has officially been closed. He also reported that Chief Lovelady had indicated that the City was unsuccessful in obtaining the grant that would have been used for the ladder truck refurbishment.

  17. ADJOURN

    There being no further business, a motion was made by Councilmember Neal and seconded by Councilmember Radcliff to adjourn the meeting at 7:49 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

END Meeting Minutes from Monday, August 23, 2004


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