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, March 8, 2004

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

3:00 p.m. March 8, 2004
  1. MEETING

    The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel 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 Sawyer and seconded by Mayor Nagel to approve the minutes of the Special Meeting of February 23, 2004 and the Regular Meeting of February 23, 2004 as written. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  3. REQUEST

    Andre Wimer, City Manager, stated that representatives from Sunoco Partners Marketing & Terminals L.P. are requesting an ad valorem tax abatement on a new electrical substation that will be constructed at their Nederland terminal. The estimated value is $1.7 million.

    Randy Hutchinson, Tax Manager of Sunoco Partners Marketing & Terminals L.P., addressed the Council relative to their request for a tax abatement. He explained that this new electrical substation will double the existing substation's capacity and will be able to supply expansion projects as well as future development. In the event of a power outage the additional power source will enable them to continue to provide service to their customers. Mr. Hutchinson further explained that the project is still in the bidding stage with bids due March 19th. It is their hope that the project be completed by the 4th quarter of this year.

    Mayor Nagel asked if the project would utilize local labor where possible. Mr. Hutchinson stated that there are eight bidders and the closest one is in Houston. Sunoco tries to use as much local labor as possible on all their projects and would ask the contractor to continue this practice.

    A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to approve the request from Sunoco Partners Marketing & Terminals L.P. for a tax abatement, contingent upon a letter of agreement being signed setting out criteria to be followed for the project. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  4. COMMENTS

    Kirk Gillespie, 803 Hunter Ridge, addressed the Council relative to his recent rezoning request that was denied for the property at 504 South 28th Street. Mr. Gillespie asked the Council if they had any advice or suggestions on how he could develop this property. He did not want to ask for the rezoning, but under the City's current ordinance that was the only alternative he had in order to build the duplexes. The City's elimination of private driveways and minimum width standards for roads was the reason for the rezoning request. Mr. Gillespie added that he first had asked for a variance but was told one could not be granted for this type of request.

    After a lengthy discussion the City Manager stated that he and staff would research the issue and contact other cities to see if they have addressed a situation such as this. Mr. Wimer added that they will report back to Council as soon as information has been collected.

  5. WAIVER

    A motion was made by Mayor Pro Tem Nugent and seconded by Councilmember Neal to authorize the Jefferson County Mosquito Control District to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the City limits of Nederland. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  6. CONTRACTS/AGREEMENTS

    A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve an Interlocal Agreement with Jefferson County and Hardin County for the Jefferson County Narcotics Task Force. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to appoint Edgar, Kiker & Cross, PC to perform the City's audit for FY 2003-2004 in the amount of $28,900 if Single Audit Act requirements are not necessary and $31,400 if Single Audit Act requirements are necessary. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  7. ORDINANCE

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve an Amendment to Ordinance No. 107, regulation of traffic in school zones. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  8. BIDS/PROPOSALS

    A motion was made by Mayor Pro Tem Nugent and seconded by Mayor Nagel to award bids received for a Breathing Air Compressor System and Self Contained Breathing Apparatus Filling Station for the Fire Department to Lone Star Air Compressor Company, Beaumont, TX, in the amount of $42,658.45. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

    A motion was made by Councilmember Neal and seconded by Mayor Nagel to award proposals for Fire Station repairs to Mc-O Construction, Orange, TX, in the amount of $6,608.00. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

    A motion was made by Mayor Pro Tem Nugent and seconded by Mayor Nagel to approve the purchase of portable radios for the Fire Department from Kay Electronics with HGAC pricing in the amount of $16,186.70. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  9. HEALTH INSURANCE

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize the advertisement of bids for employee group health benefits to be received April 27, 2004 at 2:00 p.m. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

    A motion was made by Councilmember Neal and seconded by Mayor Nagel to appoint Terry Hale of Hale Benefits Analysis, Ltd. (HBAS) as the agent of record for the purpose of managing the competitive bid process for employee group health benefits. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  10. GRANT

    A motion was made by Mayor Pro Tem Nugent and seconded by Mayor Nagel to authorize the submission of an Emissions Reduction Incentive Grant application to the Texas Commission on Environmental Quality (TCEQ). MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  11. SURPLUS

    A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to declare certain City property as surplus and authorize its disposal. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  12. PAYMENTS

    A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to authorize payments to d.p. Consulting Engineers, Inc. as follows: $4,750.00, Allan Meadows drainage study; $1,432.00, Boston Avenue pavement rehabilitation project; and, $1,523.00, upper Main "C" drainage improvements. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

    A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to authorize payment to Excavators & Constructors, Inc. in the amount of $100,309.29, drainage improvements, Area 3. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to authorize payment of the bills for the month of February. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  13. EXECUTIVE SESSION

    A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to postpone the Executive Session. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

  14. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, reported that City staff is busy with Heritage Festival activities this week.

    Mayor Pro Tem Nugent announced that he will be filing to run for Mayor immediately following today's meeting. In accordance with the City Charter this will be an automatic resignation of his council position effective today. He thanked everyone for their support.

  15. ADJOURN

    There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 4:20 p.m. MOTION CARRIED.
    Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
    Absent: Councilmember Radcliff.

END Meeting Minutes from Monday, March 8, 2004


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