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October 16, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. October 16, 2017 1_ MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 1_2i^ Street, Nederland, Texas. See attached for quorum. The following statement was posted: "F.IJRS IJANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGIJNj, A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANUGUN LICENSING LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY_" 2_ INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. Z. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve the Consent Agenda Items a-d as presented. MOTION CARRIED_ Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire_ Noes: None. a. Minutes — October 9, 2017 regular meeting b. September 2017 'Departmental Reports c. Tax Assessor Collection Report - September 2017 d. Consider action authorizing the closure of Boston Avenue between Twin City Highway and 12« Street on Saturday, November for Boss Burger's Block Party. 4_ REGULAR AGENDA a. The regular meeting was recessed and a Public Hearing was called to order at 4:32 p.m. by Mayor Nugent for the purpose of receiving comments regarding the rehabilitation or condemnation and demolition of abandoned and/or dilapidated structures at the following address: 3022 Canal Avenue, Lot 2, Block 1B1, Tract 4, FALCO. Minutes Continued, October 16, 2017 Chris Duque, City Manager, stated the public hearing is being held to receive comments regarding the Construction Board of Appeals recommendation for demolition on property located at 3022 Canal Avenue. This is a dilapidated, residential mobile home structure. Atttorney Jim Wimberly stated the structure has owhership by either Mike Stelly or Eric and Patricia Kimball. It is a danger to public health and safety and considered to be substandard and unfit for human habilitation. A notice of the public hearing was published and all referenced property owners were sent notification via certified mail. Mr. Duque said the existing park and structures are classified as non-conforming per the city zoning ordinance, the basic criteria utilized by Mr. Wheeler when determining whether a building should be demolished or repaired. This involves the value of the necessary repairs versus the appraised value of the structure. If the cost of the repairs exceeds 50% of the appraised value of the structure, the building is considered eligible for demolition. George Wheeler, Building Official, stated he researched county records and found the mobile home is registered to Eunice Tyson who is deceased. He noticed some work had been performed after the demolition order had been sent. He also informed Mr. Wimberley other work had been performed inside the structure. Mr. Wheeler stated the work was performed without a permit. He visited the mobile home several times and knocked on the door without any response. A stop work order was issued and posted on the door. Mr. Wheeler notified the property owner, Eric and Patricia Kimball, of the scheduled meeting before the Construction Board of Appeals meeting regarding the demolition of the mobile home. Mr. Wheeler received certain information from them stating whom they believe is the owner of the structure. They stated Mr. Mike Stelly had purchased the structure for his sister-in-law but failed to state the name of the sister-in-law. This information was submitted to the City 5 days prior to the meeting. Proof of ownership has been requested several times but has not been received. Mr. Duque, reported a letter was received around 3:00 p.m. today from an attorney representing the Kimball's. The letter states the mobile home was sold to Vanya Marie Rhodes, who is legally blind. Jim Wimberley, an attorney representing the Kimball's said Mike Stelly purchased the mobile home with a Bill of Sale. He sold it to Ms. Rhodes who is his sister-in- law. He sold it to her because there was a possibility of assistance for her to live there. She does need assistance from time to time and needs to live near someone who can take care of her. He said he has been inside the mobile home and it is habitable even though the outside looks bad. Jesse Branick, City Attorney, suggested action regarding this property be postponed until proper notification can be provided to the true owner of the mobile home. Stephanie Gallagher, 720 S. 3 'h Street, owns property adjacent to the mobile home and wished to voice her concerns. She said in 2010 the Zoning Board and City Council declared this mobile home park as non-conforming since there was no way the property could be in compliance with the new zoning ordinance. She said the property where these mobile homes sit have been in contention since 2010, and the consensus was that once the mobile homes became condemned, they would be moved out. Minutes Continued, October 16, 2017 There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:52 p.m. by Mayor Nugent. b. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to postpone action regarding the rehabilitation or condemnation and demolition of the abandoned and dilapidated structure at 3022 Canal Avenue being Lot 2, Block 181 Tract 4, PALCO. Mr. Wheeler was instructed not to issue any building permits on this property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Resolution No. 2017-13, approving the 2017 tax roll as certified by the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:58 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney. 6. RECONVENE The regular meeting was reconvened at 5:12 by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous - Mr. Duque reported the final pass for debris clean-up will begin on Monday, Oct. 23rd, and should take 2-3 weeks to complete. Notice went out to the public so they could have two weekends to finish cleaning out. Hopefully within 30days we will be back on regular trash pickup. b. The homecoming parade will be this Friday at 4:00 p.m. c. Monsters in the Park will be Friday, Oct. 27th d. Fall Market Day will be Saturday, Oct. 28th e. Veterans Day program will be Friday, Nov. 10th f. Next council meeting will be Monday, Nov. 13th 8. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:15 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, October 16, 2017 ,011%UI 111111/,4 °\F NEMER O. . •„HN 2 j: •%• -r." I; z- R. A. Nugent, Payor ca�� }j � 1 City of Nederl-nd, Texas • itarj. A A A -64—Clyt/VAJAA G•y Ferguso f City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Talmadge Austin Council Member—Ward I Billy Neal Council Member—Ward II V Don Albanese Council Member—Ward III Craig Belaire Council Member—Ward IV I" Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director V R.Ai ugent, May % qgLL , ��_ JJ G: Ferguso f ity Clerk / October 16, 2017 Date 4,SOIV COG ALLISON NATHAN GETZ > � . '' -e` TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR 4t /\ .' CHIEF DEPUTY *TEXAS* STATE OF TEXAS COUNTY OF JEFFERSON I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and also,by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under oath, that this amount $19,648.67, represents all taxes collected for CITY OF NEDERLAND during the month of September 2017. Allison Nathan Getz, P.C.C. JEFFERSON COUNTY COURTHOUSE •P.O. BOX 2112 •BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 4SON c0D ALLISON NATHAN GETZ �;, ;�� TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR CHIEF DEPUTY *TEXP� * October 3,2017 City of Nederland Cheryl Dowden P. O. Box 967 Nederland, Texas 77627 Dear Cheryl, Enclosed are the Year End Reports as listed below. 1. Deposit Distribution(298-D Breakdown of Net Tax Collections) 2. Deposit Distribution(298-D-RF Refunds Only) 3. Tax Collector Report(TC 168 for Fiscal Year) Rendition Penalties collected are$0.00. If you have any questions, please call me(409) 835-8714. Sincerely, Cindy Savant PCC Director of Finance Jefferson County Enclosures cs JEFFERSON COUNTY COURTHOUSE•P.O. BOX 2112 •BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 CITY OF NEDERLAND RESOLUTION NO.2017-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2017 TAX ROLL. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT pursuant to the Texas Property Tax Code,Section 26.09,the City Council of the City of Nederland hereby approves the attached 2017 tax roll. PASSED AND APPROVED this the 16th day of October, 2017. o.,�� , v, .A. ug- t, Mayor %c- *ie` City of Ne•erland,Texas J'\.14 Vii.' • • ccs pUNT`1� �''`` Gay Fergu��n, City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: • /I_ Jes e Bra'is , City Attorney Ci o ederland, Texas 10/09/2017 02:19 pm Tax Collection System-JEFFERSON COUNTY tc502juris summary.repv1.12 Certified Roll Jurisdiction Summary Page 16 of 33 Request Seq.:2836422 Processing For Tax Year:2017 County Code:ALL Tax Unit:ALL Jurisdiction: 31 CITY OF NEDERLAND Total Parcels: 9,349 Tax Rate: 0.6095780 Market Value: 1.202.790.684 State 11om: 0 Opt atom: 0.000 0(0 State 065: 0 Opt 065: 15,000 Disabled: 15,000 Opt Disabled: 0 , AG Exclusion Count: 0 AG Exclusion Amt: 0 Timber Exclusion Count: 0 Timber Exclusion Amt: 0 HS Capped Count: 112 HS Capped Amt: 508,959 Assessed Value: 1,202,281.725 Prorated-Exxv Count/Amt: 155 81289,120 Pro Mist Exempts Count/Aunt: 2 190,240 100%Exempt Vet Count/Amt: 24 3,082,250 Pro Schools Count/Amt: 8 2,890,460 Prorated-Exxl Count/Amt: 1 168,450 Pro Youth Associations Count/Amt: I 43,190 Pro Charitable Functions Count/Amt: 3 362,400 Hb366 Count/Amt: 38 9.030 State Homestead Count: 4,595 State Homestead Amt: 0 Local Homestead Count: 0 Local Homestead And: 0 State Over 65 Count: 0 StateOver-65 Ann: 0 Local Over 65 Count: 1,639 Local Over 65 Amt: 24,190.027 Surviving Spouse Count: 9 Surviving Spouse Amt: 135,000 State Disabled Count: 0 State Disabled Amt: 0 Local Disabled Count: 146 Local Disabled Mull: 2,124.050 Total VET Count: 104 Total VET Amt: 1,114.500 *VET Surviving Spouse Count: I 'VET Surviving Spouse Amt: 12,000 "Included In the Total‘'ET Count/Amt Partial Exempt Values: 27,563,577 Taxable Value: 1,086,683,008 Total Levy Amt: 6,628,308.29 Late Rendition Penalty Count: 294 Late Rendition Penalty Amt: 4,127.89 Frozen Account Count: 0 Frozen Homesite Value: 0 Frozen Taxable Value: 0 Unfrozen Levy Amt: 0.00 Frozen Levy Amt: 0.00 Frozen Levy Loss Amt: 0.00 Total Non-Exempt Parcel Count: 9,349