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 13, 2007

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

3:00 p.m. August 13, 2007
  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 Rogers and seconded by Councilmember Griffin to approve the minutes of the July 23, 2007 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  3. PRESENTATION

    Victoria Klehn, Director of Library Services, explained that the library received a grant in the amount of $1,000.00 from Entergy to be used to purchase prizes for the Teen Summer Reading Program. She added that in this first year of the Teen Summer Reading Program there were approximately 75 participants.

  4. REQUEST

    Andre' Wimer, City Manager, explained that the South County Breakfast Lions Club has requested to have fees waived to reserve the Recreation Center. The club will be sponsoring a social event for club members and their families in the park on September 15, 2007, and would like to have the building reserved in the event of inclement weather. He added that the City's ordinance requires Council approval to waive any fees.

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to approve a request from the South County Breakfast Lions Club to waive fees associated with rental of the Recreation Center.

    MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  5. CITY SERVICES

    A motion was made by Councilmember Neal and seconded by Councilmember Sawyer 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, Griffin, and Rogers.
    Noes: None.

  6. BUDGET

    Andre' Wimer, City Manager, explained that the Council can approve the proposed budget as is, or if they choose to consider the request of Chief Darrell Bush to add three new police officer positions they should postpone approval until the next meeting to allow staff to make necessary changes. The Council discussed the request and its effect on the proposed tax rate. In order to adopt a tax rate it would be necessary to know the number of police officers that may be added in order to fund their salaries/benefits, etc. Councilmember Sawyer stated that he would be agreeable to fund one additional officer at this time so that a tax increase would be minimal. Mayor Pro Tem Rogers agreed with Councilmember Sawyer and added that although he feels the need for three police officers can be justified he would like to see the positions phased in rather that funded in one year. Councilmember Griffin suggested that two positions be added. Mayor Nugent and Councilmember Neal agreed with Councilmember Griffin.

    A motion was made by Councilmember Griffin and seconded by Mayor Pro Tem Rogers to postpone approving Ordinance No. 2007-06, 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, Griffin, and Rogers.
    Noes: None.

  7. TAX RATE

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to postpone approving Ordinance No. 2007-07, adopting a tax rate for the fiscal year beginning October 1, 2007 and ending September 30, 2008. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to adopt the tax rate at 3:00 p.m., September 10, 2007. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Councilmember Neal and seconded by Councilmember Griffin to authorize two Public Hearings, one to be held at 3:00 p.m., Thursday, August 23, 2007 and the other at 6:00 p.m., Monday, August 27, 2007 to receive questions and/or comments regarding the proposed tax rate. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  8. CAPITAL IMPROVEMENT PROGRAM

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

  9. BIDS/PURCHASES

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Griffin to authorize a Request for Proposals for banking services to be received at 2:00 p.m., Tuesday, September 25, 2007. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to authorize a Request for Proposals for engineering services associated with the installation of a generator (Hurricane Rita Disaster Recovery) to be received at 2:00 p.m., Thursday, September 6, 2007. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  10. ELECTION

    Andre' Wimer, City Manager, explained that Ordinance No. 2007-08 authorizes a street maintenance sales tax election to be conducted on November 6, 2007 for the purpose of reducing the current half-cent economic sales tax to one-fourth cent and establishing a one-fourth cent street maintenance sales tax. He added that, if approved by the voters, the tax could generate approximately $425,000 to $450,000 annually. The sales tax monies would likely be utilized for contracted street repairs as City crews, due to manpower and time, are limited in how much additional work could be performed. As envisioned, such additional maintenance would involve asphalt overlay and concrete repairs. Conversely, large rebuilding/expansion projects would require the use of long term financing in conjunction, possibly, with fund balance. As the street maintenance sales tax must be reauthorized every four (4) years, it does not provide a viable revenue source for the payment of long-term debt.

    Larry Ducharme, Nederland Economic Development Corporation President, stated that as a citizen he was not happy that the NEDC would lose over $400,000 per year, he does see the need for major street repairs. The NEDC has a fund balance of $3.6 million to help with incentives.

    Rick Williams, 510 Carriage Lane and former Executive Director of the NEDC, stated that he sees the work of the NEDC all over Nederland and he is not totally convinced that the City cannot find an alternative method to repair streets. He added that he is concerned with the potential decrease in funds for economic development and the impact it will have on new businesses. He asked that the City Council consider allowing the NEDC to research other avenues to generate money to be used for street repairs rather than decrease their budget.

    A motion was made by Councilmember Griffin and seconded by Mayor Pro Tem Rogers to approve Ordinance No. 2007-08, authorizing a Street Maintenance Sales Tax election to be conducted on November 6, 2007. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to approve a contract with Diebold Election Systems, Inc. for election related services associated with the Street Maintenance Sales Tax election to be held on November 6, 2007. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  11. BOARDS AND COMMISSIONS

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to appoint Mark Byars to the Planning and Zoning Commission to fill the unexpired term of Robert Sawyer. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  12. RESOLUTIONS

    A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to approve the final reading of Resolution No. 2007-12, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Jazz Etc., Inc. dba Rad Graphics. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to approve the first reading of Resolution No. 2007-13, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to All Pro Audio, Inc. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  13. STREET LIGHTS

    A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to authorize the installation of street lights at Franklin Avenue and 13th Street; 723 - 13th Street; and, Helena Avenue and 13th Street. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  14. CONTRACTS/AGREEMENTS

    A motion was made by Councilmember Griffin and seconded by Mayor Pro Tem Rogers to approve a contract with Diebold Election Systems, Inc. for election related services associated with the May 10, 2008 General Election. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

    A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to approve an Agreed Order with the Texas Commission on Environmental Quality regarding the Wastewater Treatment Plant. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  15. PAYMENTS

    A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a payment to ALLCO, Inc. in the amount of $125,364.66, 2007 Sewer Rehabilitation Project, Payment Request No. 3. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

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

  16. EXECUTIVE SESSION

    A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

  17. OFFICIALS' COMMENTS

    Andre' Wimer, City Manager, reported that the City will begin taking credit card payments for water bills within the week. He added that credit card payments would also be accepted for building permits and traffic fines soon.

  18. ADJOURN

    There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Rogers to adjourn the meeting at 4:15 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers.
    Noes: None.

END Meeting Minutes from Monday, August 13, 2007


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