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July 24, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m_ July 24, 2017 1_ MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12.^ Street, Nederland, Texas. See attached for quorum. The following statement was posted: "PURSUANT TO SECTION 30_07, PENAL CODE CTRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGIJN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY." 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and the Pledge of Allegiance were led by Gay Ferguson, City Clerk. 3_ CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve the Consent Agenda Items a-c as presented. MOTION CARRIED_ Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire_ Noes: None. a. Minutes — July 10, 2017 regular meeting and July 11, 2017 workshop b. June 2017 Departmental Reports c. Tax Assessor Collection Report - June 2017 4_ REGULAR AGENDA a. Recognition of retiree: Joey Mitchell, Water Plant Operator. The meeting was recessed between 4:35 p.m. and 4:45 p.m. to allow for cake and congratulations to Mr. Mitchell. b_ A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve an Emergency Notification System Interlocal Agreement with the South East Texas Regional Planning Commission related to the regional Emergency Notification project utilizing Swift Reach 911_ MOTION CARRIED_ CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESE T ABSENT R.A. Nugent Mayor \/ Talmadge Austin Council Member-Ward I V Billy Neal Council Member-Ward II Don Albanese Council Member-Ward III Vi Craig Belaire Council Member-Ward IV Chris Duque City Manager q J Gay Ferguson City Clerk V Jesse Branick City Attorney Cheryl Dowden Director of Finance V Darrell Bush Police Chief Gary Collins Fire Chief v Robert Woods Director of Public Works V George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director V Joni Underwood Executive Secretary Angela Fanette Parks Director V I i N , /l A; R. A. Nuge` , if� or .44 .\' . I a Ai. 4./ G. erguso/City C erk July 24, 2017 Date a Minutes Continued, July 24, 2017 Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. Re-Plat Requests: i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve the re-plat request of Lots 11 & 12, Block 10 of Johnson Addition to create three tracts, Tract 11-A, Tract 11-B, and Tract 11-C. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve the re-plat request of Lots 4 & 5, of Becerra Place to create two tracts, Tract 4-A, and Tract 4-B. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve the re-plat request of 41-B of Pleasant Home Addition to create two tracts, Tract 41-B-1, and Tract 41-B-2. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iv. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve the re-plat request of part of Lot 2, Block 16 Range E of Port Arthur Land Company to create two tracts, Tract 2-A, and Tract 2-B. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. v. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve the re-plat request of Lot 14, Block 1 of Hillcrest Second Addition Acres to create three lots, Lot 1, Lot 2, and Lot 3. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve an Interlocal Contract with the South East Texas Regional Planning Commission related to the Planning, Development, Operation, and Provision of 9-1-1 service and the use of 9-1-1 funds. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. Chris Duque, City Manager, reminded council of the TCEQ's Customer Service Inspection (CSI), which is an unfunded mandate from the state, Mr. Wheeler mentioned at the Budget Workshop. During this year's water plant inspection, the TCEQ inspector noted violations concerning the retention of backflow test reports and/or TCEQ Customer Service Inspections on TCEQ forms for certain business types. The Water Plant Supervisor and Mr. Wheeler met with TCEQ staff and were informed 93 locations require a backflow device or CSI. Since Mr. Wheeler's employment in 2009, he has required new construction permits have the proper Minutes Continued, July 24, 2017 forms filled out and recorded in each property file. The 93 locations are businesses built prior to 2009 that did not have a CSI and/or backflow test because these businesses were built prior to the implementation of these requirements. All 93 locations do not currently have a CSI or backflow device and must be brought up to code by requiring the businesses to either hire a plumber to perform a CSI on TCEQ forms and/or require the businesses to hire a plumber to install the device and hire a certified tester to test the device and log the test information on TCEQ forms that will be submitted to the City for TCEQ review. No action is necessary. f. Chris Duque, City Manager, said last month a discussion item on the agenda provided general direction on the proposed main sewerline repairs/improvement project. In November 2016, the City engaged Schaumburg &Polk, Inc. to complete a Wastewater Line Evaluation and TV inspection of approximately 29,400 linear feet of concrete sewer lines 15" or greater in diameter and flow monitoring. On April 24th, SPI presented their report with no action taken. Combined, SPI estimated the cost for all six priority segments was approximately $10.25M. Staff recommended the City undertake the entire project at one time and City Council did not object to this approach. Mr. Duque went on to say he and the Finance Director met with the City's financial advisor, US Capital Advisors, to calculate the costs of certificates of obligation (CO). Under the "wrapped debt service" 30-year scenario, funding $10M in COs, the total cost (principal plus interest) is $17.99M. During the 30-year term, utility rates would have to increase by $5.00 to $5.10 a month. Under the "level debt service" 30-year scenario, funding $10M in COs, the total cost (principal plus interest) is $16.57M. During that 30-year term, utility rates would have to increase by $2.90 to $6.67 with nearly 13 years of that with an increase of at least $6.00 per month. Due to the Nederland Avenue COs, the issuance of this debt will be divided into two issuances, one in late 2017 and one in early 2018. Either scenario will result in a noticeable increase in utility rates. While the "level debt service scenario results in a greater monthly increase over a 13-year period, the City saves over 1.4M compared to the "wrapped debt service" scenario and the City would have greater financial flexibility beginning in 2032 to issue debt for any future potential water/sewer infrastructure projects that become necessary. Mr. Duque said staff will develop different utility rate adjustment methods to raise the necessary revenue for the new debt bond payment amount, which will likely require adjusting the sewer base rate and the sewer maintenance fee structure. He anticipates presenting the utility rate ordinance at the August 28th Council meeting. No action was necessary. g. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve a request from Sunoco Partners Marketing Terminals, L.P. to waive utility charges in the amount of $18,809.38 associated with a water leak. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. Chris Duque, City Manager, reported Waleed Kahn is unable to attend the Council meeting and recommended council go into Executive Session before considering action on property located at 2423 Nederland Avenue. i. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve an appeal of the denial of a billboard permit to be located at 1224 S. Twin City Highway. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Minutes Continued, July 24, 2017 Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:30 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney. 6. RECONVENE The regular meeting was reconvened at 5:51 p.m. by Mayor Nugent. h. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to take no action. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 7. COMMUNICATION: City Manager's Report: a. Miscellaneous - Robert Woods, Public Works Director gave a construction update: • Holmes Road is through the curing process and still has some issues. They will go back and remove material that didn't pass inspection and use more conventional materials to stabilize the road. This will overrun the project budget by approximately 13% or $23,000.00. • 20th Street and Atlanta asphalt overlay has been completed. The contractor was a new contractor to Nederland, and staff was happy with the process and product. Work was completed within a week. b. Mr. Duque reported the certified values for Nederland were received and are up 2.93% which is over $30M. He said the tax rate should be received by early next week. c. Mr. Duque said he will be on vacation next week until August 4th and Cheryl Dowden will be in charge. 8. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:59 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. '11044. R. A. Nugent, 'or City of Nederl.rd, Texas \\\`�\\\1111111f11///l�// �� �pERCqo, '•_,. yteContinued, July 24, 2017 G.y Fergus: , City Clerk City of Nederland, Texas %4'gON C� ALLISON NATHAN GETZ �1. TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR �5 ,y. CHIEF DEPUTY STATE OF TEXAS COUNTY OF JEFFERSON 1, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and also,by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under oath, that this amount $66,771.69, represents all taxes collected for CITY OF NEDERLAND during the month of June 2017. c'! Allison Nathan Getz, P.C.C. JEFFERSON COUNTY COURTHOUSE •P.O.BOX 2112•BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589