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, July 12, 2004

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

3:00 p.m. July 12, 2004
  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 Radcliff to approve the minutes of the June 28, 2004 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  3. ENVIRONMENT

    Andre Wimer, City Manager, reviewed the 2003 Drinking Water Quality Report (Consumer Confidence Report) which was recently mailed to all customers. In accordance with EPA regulations all water suppliers are required to issue the CCR to all its customers on an annual basis. He added that the report shows that Nederland's water quality does not exceed maximum allowable levels for any contaminates.

  4. ORDINANCE

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve Ordinance No. 2004-05, regulating ambulance and emergency medical services within the City of Nederland. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  5. CONTRACTS/AGREEMENTS

    A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to approve an amendment to the contract with Jefferson County for tax collection and assessment services. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  6. PAYMENTS

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve payments to d.p. Consulting Engineers, Inc. as follows: $1,488.60, Allan Meadows drainage study; $1,734.00, Upper Main "C" drainage improvements; and, $1,140.00, Boston Avenue rehabilitation project. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to approve payments to Schaumburg & Polk, Inc. as follows: $987.02, South 5th Street sewer line rehabilitation; $498.52, west annexation area water and sewer improvements; $2,533.56, 2002-2003 collection system rehabilitation (Year 5); and, $345.00, wastewater system improvements (Wastewater Treatment Plant). MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve payment to Jerry Walley Construction in the amount of $12,418.87, Allan Meadows drainage improvements. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve payment to Excavators & Constructors, Inc. in the amount of $108,690.17, Area 3 drainage improvements. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve payment of the bills for the month of June, 2004. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  7. BUDGET

    Andre Wimer, City Manager, explained that due to changes in State statutes, which allows taxpayers additional time to appeal appraisals, the certified tax rolls will not be issued until early to mid August. The tax rate included in the proposed budget remains at $.66 per $100 valuation, however, this could change depending on the figures received from the Appraisal District. Due to these changes the proposed budget being submitted will have some unknowns. Mr. Wimer reminded Council that at the time WalMart closed it was decided that reserves would be used to balance the budget for approximately 5 years.

    Andre Wimer, City Manager gave a brief overview of the proposed 2004-2005 budget and announced that the Public Hearing will be held at 3:00 p.m., August 9th. The General Fund proposed budget includes projected revenues of $6,375,942 and anticipated expenditures of $6,600,942. Fund balance in the amount of $225,000 will be utilized to offset this difference.

    Mr. Wimer reviewed the significant changes in the remaining funds. In the Water and Sewer Fund the budget reflects the anticipated change to radio-read water meters, with only six (6) months of meter reading services budgeted. The Solid Waste Fund remains fairly consistent with those included in the current fiscal year. He added that contributions from the cities of Nederland, Port Neches, and Groves are based upon $.91 per capita; the current year rates if $.85 per capita. This expenditure for Nederland reflects an increase in the amount of $12,544 over the previous year. Total debt service requirements for FY 04-05 total $1,874,714.

    With regard to personnel issues Mr. Wimer added that the budget includes a two percent (2%) cost of living increase for employees. Mr. Wimer stated that the proposed budget attempts to maintain sufficient levels of reserve funds, while allocating estimated revenues for operational expenses.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve Resolution 2004-05, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2004 and ending September 30, 2005, and calling for a Public Hearing to be held at 3:00 p.m., August 9, 2004 for the purpose of discussing the proposed budget as per Article VII of the City Charter. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  8. CAPITAL IMPROVEMENT PROGRAM

    Andre Wimer, City Manager, reviewed the proposed Five Year Capital Improvement Program for the years 2005-2009 which identifies capital expenditures/projects totaling $3,634,900. He added that the CIP is intended to act as a guide for future capital expenditures and provide a framework for identifying capital requirements, scheduling projects, coordinating selected projects, and identifying fiscal impacts. He reviewed each category of the CIP which included Water Treatment and Storage, Water Distribution System, Wastewater Treatment, Wastewater Collection System, Street Improvements, and Facility Improvements.

  9. EXECUTIVE SESSION

    The regular meeting was recessed at 3:55 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, Entergy, 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.

  10. RECONVENE

    The regular meeting was reconvened at 4:20 p.m. by Mayor Nugent.

    At this time Richard Hughes, City Attorney, reported on the Texas Gas Service Company appeal regarding the rate case. At the meeting of the Texas Railroad Commission last week the hearing examiner recommended a smaller rate increase. Mr. Hughes reminded Council that when this case was first filed only the three Mid-County cities were involved and the City of Port Arthur declined to join in the case. The City of Port Arthur made their own deal directly with Texas Gas Service Company by accepting the rates and agree not to participate in the appeal, however, if the other three cities were successful then they would realize the benefits of the lower rates and not be included in the expenses of the rate case. Hopefully the Commissioners will review this arrangement and not force these expenses to be passed on only to the Mid-County customers. The next meeting of the Railroad Commission is scheduled for Thursday, July 22nd, at which time three issues should be discussed and/or ruled on, the rates, the Examiner's recommendation, and the issue of one City not participating in the case but recognizing the benefits.

  11. ORDINANCE

    A motion was made by Councilmember Rogers and seconded by Councilmember Neal to reconsider Ordinance No. 2004 -05 approved earlier in the meeting. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    Mr. Hughes stated that he felt some changes to the wording of Ordinance No. 2004-05 should be changed. On page 4 Sec. 38-37 should be changed to Sec. 38-27; Sec. 38-28 on page 5 should reflect the Fire Chief may permit "two (2) EMS Providers" rather than one; and, the acronym on page 9 in Sec. 38-33(a) should read (PSAP).

    A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Sawyer to approve Ordinance No. 2004-05, regarding ambulance and emergency medical services within the City of Nederland, contingent upon the changes recommended by the City Attorney being included. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  12. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, reported that citizens of Nederland, Port Neches, and Groves will be able to dispose of green waste at the old landfill site on Saturday, July 17th.

    Councilmember Neal stated that due to the increase in gasoline prices he suggested that the City adopt the allowable rates set by the Internal Revenue Services for reimbursement of mileage for City related travel. It was the consensus of the Council that this should be the policy for travel.

  13. ADJOURN

    There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Radcliff to adjourn the meeting at 4:42 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

END Meeting Minutes from Monday, July 12, 2004


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