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, February 14, 2005

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

3:00 p.m. February 14, 2005
  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 Neal to approve the minutes of the January 24, 2005 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  3. REQUEST

    Randy Hutchinson, Manager of the State and Local Taxes Division of Sunoco, Inc., addressed the Council relative to a request for an ad valorem tax abatement. In accordance with the industrial district agreement signed in 2004 all tax abatement requests are to be submitted to the City Council for consideration. Mr. Hutchinson stated that they are planning to construct a new 400,000 barrel tank which will increase the Terminal's revenue generating capacity to store crude oil and petroleum products for their customers. The bid process is underway and the contract specifications with the successful bidder will encourage use of local subcontractors and materials suppliers to the greatest extent possible. The estimated project cost is $4.2 million. The project should be completed in the 4th quarter of 2005.

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve a request from Sunoco Partners Marketing & Terminals, L.P. for an ad valorem tax abatement. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  4. AUDIT

    Brad Brown, Edgar, Kiker and Cross, PC, reviewed the FY 2003-2004 audit. Mr. Brown stated that they issued an "unqualified opinion" which is the highest possible. He commended Cheryl Dowden, Director of Finance, and City staff for their assistance in conducting the audit.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to accept the FY 2003-2004 audit as prepared by Edgar, Kiker & Cross P.C. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  5. INVESTMENT REPORT

    Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending December 31, 2004.

    A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to accept the Quarterly Investment Report as presented by the Finance Department. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  6. STREETS AND SIDEWALKS

    A motion was made by Councilmember Radcliff and seconded by Mayor Nugent to authorize the closure of various City streets for Nederland Heritage Festival activities. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  7. CONTRACTS/AGREEMENTS

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve amending the Lease Agreement for use of a City building located at 908 Boston Avenue. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  8. LIBRARY

    A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to authorize the hiring of a consultant to evaluate the Marion & Ed Hughes Public Library. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  9. DONATION

    Philip Klein, Chairman of the Audit/Legal Committee of the Nederland Volunteer Department, thanked the Council for agreeing to accept the rescue truck from their organization. He added that although the passed year has been difficult they are eager to move forward and continue their efforts to assist with the protection of the community. Mr. Klein added that the NVFD will have an item on their agenda for the April meeting to retain their 501(c)3 status.

    Richard Hughes, City Attorney, advised that the acceptance of the vehicle is to be a part of the settlement for the pending litigation of the NVFD. He suggested that the Council accept the vehicle contingent upon receiving documentation of the settlement agreement and attorney fees.

    A motion was made by Councilmember Rogers and seconded by Mayor Nugent to accept a 2003 Ford F-550 Super Duty rescue truck from the Nederland Volunteer Fire Department contingent upon receipt of written settlement agreement between the City of Nederland and the Nederland Volunteer Fire Department. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  10. GRANT

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Radcliff to authorize the submission of an application to the Federal Emergency Management Administration/Department of Homeland Security for the 2005 Assistance to Fire Fighters Grant. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  11. CHANGE ORDER

    A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve Change Order No. 1 in the amount of $49,760.00 with Brystar Contracting, Inc., sewer line replacement. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  12. STREETS AND SIDEWALKS

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to authorize the installation of a street light on South 15th Street between Avenue K and Avenue M. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  13. POLICIES AND PROCEDURES

    Andre Wimer, City Manager, stated that he placed the discussion of special events, street closures, and requests for city services and equipment on the agenda in the event that anyone had suggestions. No directions were given to the City Manager at this time for a proposed policy, therefore, he asked that they continue to review it and offer suggestions.

  14. PAYMENTS

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

  15. EXECUTIVE SESSION

    The regular meeting was recessed at 4:05 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - James Harvey; and discuss personnel - Mike Lovelady; 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; and, consultation with City Attorney.

  16. RECONVENE

    The regular meeting was reconvened at 6:25 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only.

  17. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, noted that the Fire Department received a donation from Sunoco to be used for training. He added that the agreement for the purchase of the electronic meters with the City of Pearland will be on their agenda today and the City's financial advisor, Jim Gilley, has recommended that we use tax notes to fund the project. The duration of the notes will be seven years with an annual payment of approximately $260,000. This will be on the next agenda for Council consideration. Revenues are expected to increase with the electric meters and should provide for the annual payment.

  18. ADJOURN

    There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 6:38 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

END Meeting Minutes from Monday, February 14, 2005


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