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, September 13, 2004

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

3:00 p.m. September 13, 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 Councilmember Rogers and seconded by Councilmember Radcliff to approve the minutes of the August 23, 2004 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  3. PRESENTATION

    Floyd and Gene Jiminez, Crowley, TX, formerly of Nederland and members of the Texas Vietnam Veterans, presented a plaque to the City depicting the names of Nederland residents who were killed in the line of duty during the Vietnam War. The plaque is made from rubbings off the Vietnam War Memorial in Fort Worth, Texas.

    Mayor Nugent thanked them for their donation and feels the individuals who sacrificed their lives in defense of our country should be memorialized.

  4. UTILITIES

    Don Pumphrey, Entergy, Inc., stated that Entergy's rates have not increased since 1991. The only increases have been with fuel costs which have been passed through to customers. The rate increase is being proposed in order to recoup some of the expenses associated with recent system upgrades.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Radcliff to approve Resolution 2004-08, authorizing participation with other Entergy service area cities in matters by Entergy at the Public Utility Commission of Texas. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  5. SANITARY SEWER EVALUATION SURVEY

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to accept Years 4 & 5 collection system improvements constructed by Brystar Contracting, Inc. and authorizing release of retainage. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  6. BIDS/PROPROSALS

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to authorize the advertisement of bids for Year 1 sewer line replacement. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  7. ORDINANCE

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve Ordinance No. 2004-10, parks regulations. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  8. PROPERTY

    A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to rescind Easement Agreements with the following seven property owners, and to approve an Easement Agreement dated September 13, 2004 with each of the seven: Calvin J. and Jennie L. Breaux; Dale A. Breaux and Calvin J. Breaux, Jr.; George C. and Marian K. Peterman; Anthony P. and Shanna L. Ferro; Blair Investments, L.P.; Kenneth E. and Nancy L. Wines; and Texas State Bank. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  9. APPOINTMENTS

    A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to appoint Billy Neal as the Ward II representative to the Nederland Economic Development Corporation Board of Directors to fill an expired term; and, reappoint Paul Baker and Nicholas Phillips to another term on the NEDC Board of Directors. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  10. CONTRACTS/AGREEMENTS

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve a Collective Bargaining Agreement with the International Association of Fire Fighters Local 3339. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to approve a Collective Bargaining Agreement with the Nederland Police Officers' Association. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  11. PAYMENTS

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve payments to Excavators & Constructors, Inc. as follows: $192,622.82, drainage improvements, Area 3; and, $16,617.54, drainage improvements, Area 3. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve payments to Brystar Contracting, Inc. as follows: $14,962.50, wastewater collection system improvements, Year 4 & 5; and, $109,192.52, wastewater collection system improvements, Year 4 & 5, final. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

    A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to approve payments to Schaumburg & Polk, Inc. as follows: $3,254.70, 2002-2003 collection system rehabilitation; and, $9,880.00, 2005 collection system rehabilitation. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

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

  12. EXECUTIVE SESSION

    The regular meeting was recessed at 3:44 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, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; IRS issues presented by the Nederland Volunteer Fire Department, Inc.; and, consultation with City Attorney.

  13. RECONVENE

    The regular meeting was reconvened at 4:17 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only.

  14. NEDERLAND VOLUNTEER FIRE DEPARTMENT, INC.

    Richard Hughes, City Attorney, addressed the Council relative to the bank account that was opened by Fire Chief Lovelady. The account was opened under the Volunteer Fire Department's name and tax identification number in order to seek donations to be used to refurbish the "Command Van" that was donated by Goldstar EMS. The Volunteers have publicly noted that they had no knowledge of the account and did not authorize this account to be opened. Chief Lovelady maintains that he had obtained verbal approval from the former president of the Volunteers to open the account for donations. The Volunteers felt this account would jeopardize their 501(3)c non-profit status and requested that it be closed immediately. Mr. Hughes met with the Keith Stanley, legal counsel for the Volunteers, and Bob Brammer, and independent CPA regarding the account. Mr. Brammer indicated that the account should not present a problem with their non-profit status and that the City could give the funds to the Volunteers. Mr. Hughes added that the Volunteers stated that they would take over the account but that they did not want to be involved with the Command Van project. The City Attorney recommends that the City close the account and place the funds in a separate City of Nederland account and notify all the donors asking them if they would be willing to have their donation be to the City instead of the Volunteers, or if they would prefer a refund. All funds will be used for the Command Van project.

    A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem sawyer to close the Nederland Volunteer Fire Department, Inc. "Command Van Account" #795-0165162 and to transfer the funds into a separate City of Nederland account; and, to notify all donors in writing regarding their donation being made to the City or refund the donation. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

  15. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, reported that City staff met with representatives of TxDOT and the contractor on the Boston Avenue rehabilitation regarding excess funds. It was suggested that the sidewalks be bricked if enough funds are available. The contractor will be providing an estimate of the cost. If funds are available then a meeting will be held with all the merchants to obtain their thoughts on the sidewalk upgrade.

  16. ADJOURN

    There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Radcliff to adjourn the meeting at 4:32 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Radcliff, and Rogers.
    Noes: None. Absent: Councilmember Neal.

END Meeting Minutes from Monday, September 13, 2004


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