City of Nederland Logo
City of Nederland R. A. "Dick" Nugent, Mayor
Billy Neal, Mayor Pro Tem
Talmadge Austin, Councilmember
Craig J. Belaire, Councilmember
Vacant, Councilmember
Christopher Duque, City Manager

P.O. Box 967 * Nederland, Texas 77627 * 409.723.1503 * Fax 409.723.1550
 

Meeting Minutes from Monday, September 27, 2004

REGULAR MEETING OF THE CITY COUNCIL OF THE

CITY OF NEDERLAND

6:00 p.m. September 27, 2004
  1. MEETING

    The meeting was called to order at 6:00 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 September 13, 2004 meeting as written. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  3. PROCLAMATION

    Mayor Nugent presented a proclamation to Mike Lovelady, Fire Chief, declaring October 3-9, 2004 as "Fire Prevention Week" in Nederland. Chief Lovelady thanked the Mayor and Council for their continued support.

    A motion was made by Mayor Nugent and seconded by Councilmember Radcliff to approve a proclamation declaring October 3-9, 2003 as "Fire Prevention Week" in Nederland, Texas. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  4. STREETS AND SIDEWALKS

    A motion was made by Councilmember Sawyer and seconded by Councilmember Rogers to authorize the closure of 14th Street, from Boston Avenue to Chicago Avenue, on October 5, 2004, from 5:00 p.m.-9:00 p.m. for Fire Prevention Week activities. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

    A motion was made by Councilmember Rogers and seconded by Councilmember Neal to authorize the closure of 13th Street from Atlanta Avenue to Nederland Avenue, on October 23, 2004, from 7:00 a.m.-5:00 p.m. for First United Methodist Church Harvest Festival activities. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  5. DONATION

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to accept a 1996 Ford Aerotech from Gold Star EMS. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  6. RESOLUTIONS

    A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve Resolution 2004-09, adopting the Southeast Texas Regional Hazard Mitigation Plan for Jefferson County as the official Plan of the City of Nederland. 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 Resolution 2004-10, authorizing the submission of a Texas Community Development Program Application to the Office of Rural Community Affairs for the community development project fund. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  7. POLICIES/PROCEDURES

    Andre Wimer, City Manager, stated that an annual review of the City's Investment Policy is required by State statute. He added that Cheryl Dowden, Director of Finance, has indicated that there are no proposed modifications to the Policy. The existing Investment Policy will remain effective.

  8. BUDGET

    A motion was made by Councilmember Rogers and seconded by Councilmember Radcliff to approve amendments to the FY 2003-2004 budget (see attached). 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 Ordinance No. 2004-12, amending the FY 2003-2004 budget. 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 Councilmember Rogers to approve Ordinance No. 2004-13, declaring certain utility accounts as uncollectible. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  9. STREETS AND SIDEWALKS

    A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to authorize the installation of a street light at 823 Boston Avenue. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  10. REQUEST

    A motion was made by Councilmember Radcliff and seconded by Councilmember Rogers to approve a request from the Nederland Little Dribblers to utilize the Nederland Recreation Center gym and to waive rental fees. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  11. PAYMENTS

    A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve a payment to d.p. Consulting Engineers, Inc. in the amount of $1,035.00, upper Main "C" drainage improvements. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  12. EXECUTIVE SESSION

    The regular meeting was recessed at 6:35 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 7:43 p.m. by Mayor Nugent.

    Richard Hughes, City Attorney, recommended to the Council that the City of Nederland participate with the Cities of Port Neches and Groves in the appeal of the Texas Gas Service Company rate case. He added that Port Neches City Attorney Harry Wright has agreed to represent all three cities in the appeal.

    A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to participate in the appeal of the rate case of Texas Gas Service Company as recommended by the City Attorney. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

  14. NEDERLAND VOLUNTEER FIRE DEPARTMENT, INC.

    Richard Hughes, City Attorney, reported that the action taken at the September 13, 2004, meeting regarding the bank account has progressed and letters will be sent to all donors regarding their donation. He recommended that the Command Van project be halted until we received the final total of funds available.

  15. OFFICIALS' COMMENTS

    Andre Wimer, City Manager, reported that there does appear to be funds remaining from the Boston Avenue project and we are waiting for TxDOT to give an exact amount. Once the final figures are determined we will be able to make a decision on the proposed sidewalk project. Mr. Wimer also reported that he and Steve Hamilton met with representatives of Drainage District No. 7 to discuss upcoming projects for the Main "B" canal in Nederland. The installation of an additional box culvert at the Avenue H crossing is scheduled for Summer 2005. Widening and/or deepening work between Avenue H and Twin City Highway is scheduled for FY 05-06. For this project, it is likely that the City will be required to lower and/or relocate sewer and water lines. Lastly, Mr. Wimer reported that staff met with the City of Pearland regarding the proposed meter replacement program and their experience with this type of system. We are waiting on a more detailed cost estimate regarding this project. With the more accurate readings the City should be able to recoup some of the initial costs fairly quickly.

  16. ADJOURN

    There being no further business, a motion was made by Mayor Nugent and seconded by Councilmember Radcliff to adjourn the meeting at 7:55 p.m. MOTION CARRIED.
    Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Radcliff, and Rogers.
    Noes: None.

END Meeting Minutes from Monday, September 27, 2004


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