October 26, 2015REGULAR MEETING OF THE CITY COUNCIL OP THE
CITY OF NEK31EMLAN13-
4:30 p_m_ October 26, 2015
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City
Office Building, 207 N_ 12th Street, Nederland, Texas. See attached for quorum.
2. INVOCATION ANO PLEDGE OF ALLEGIANCE
The invocation and 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 Cou ncilmember Austin and seconded by Cou ncilmember Neal
to approve the Consent Agenda Items 3 a -f as presented_ MOTION CARRIES.
Ayes: Mayor Nugent, Cou ncilmem bars Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
a. Minutes — October 12, 2015 regular meeting
U- September 2015 E>epartmental Reports
c. Tax Assessor Collection Report - September 2015
d. Consider action authorizing the closure of 7- Street from Nederland Avenue to
Atlanta Avenue on Saturday, October 31- for the Seventh Street Baptist Church
Block Party.
e. Requests:
• Consider action approving a request from Adaptive Sports for Kids to utilize
the C�oornbos Park and the Nederland Recreation Center for various sports -
related leagues and the waiver of associated Fees.
Consider action approving a request from Little dribblers to utilize the
Nederland Recreation Center for routine practices and the waiver of
associated fees_
f. Payments:
Schaumburg 8, Polk, Inc_ - $2,535.00, South 5th Street Water Tower
Rehabilitation project
Schaumburg 8t Polk, Inc_ - $18,979.50, Nederland Avenue Study
Schaumburg 8, Polk, Inc. - $4,160.20, 2015 Asphalt Street Rehabilitation
project
Schaumburg 8t Polk, Inc. - $2,912.00, South 12th Street Waterline
Relocation project
La Biche Architectural Group, Inc. - $1,680.00, Nederland Service Center
project
Trac-N-Trol - Inc_ - $93,698.98, SCALA Improvements 2015 project
Minutes Continued, October 26, 2015
4. REGULAR AGENDA
a. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to accept the Hotel Occupancy Tax fund quarterly report from the
Nederland Chamber of Commerce. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
b. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to amend Ordinance No. 164, setting regular dates for the Nederland City
Council meetings to amend the November 2015 meeting dates. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to authorize the installation of a street light at/near 604 North 101h Street.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to approve the Final Plat of Sterling Ridge Gardens. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to approve and accept the constructed water and sewer system
improvements for Sterling Ridge Gardens. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
f. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember
Austin to approve a request from Greg Corkran for water service at three existing
homes and a planned climate controlled storage unit business located along the
north bound access road of Highway 69 in the City's Extraterritorial Jurisdiction.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to award a bid to Gulf States Protective Coatings, Inc. in the amount of
$556,213.00 for the South 5th Street Water Tower Rehabilitation project. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
Minutes Continued, October 26, 2015
h. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to approve Ordinance No. 2015-22, amending the Fiscal Year 2015-2016
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to approve Change Order No. 1 in the amount of $80,824.50 on the 2015
Asphalt Street Rehabilitation project to expand S. 9th Street re -surfacing to include
Avenue E to Nederland Avenue and the installation of a 48" drainage box on S. 12th
Street adjacent to the DD7 ditch that will later tie-in to the Nederland Avenue
project(s). MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
j. Chris Duque, City Manager, gave a brief summary of the Parks Special Funds in
regard to its financial status and purpose as requested by Councilmember Neal at
the October 12th city council meeting.
Initially the Parks Special Fund was created to fund the swimming pool repairs
project in 2009. To continue the improvements to the Parks Systems that were
necessary due to state of disrepair at Doornbos Park (broken and unsafe
playground equipment, the softball field repairs for Adaptive Sports for Kids
(A.S.K.), concrete repairs, etc.) and other city parks, the Parks Special Fund is
utilized to easily track parks projects and community event expenses (Christmas
on the Avenue, 4th of July, etc.) versus the normal operating expenses of the
department. The Parks Special Fund easily allows the allocation of carryover funds
for projects not completed at the end of the fiscal year. As of September 30, 2015,
there was a balance in this account of $713,022.65.
The FY 2014-2015 Park Special Fund included the following projects:
$250,000.00 for splash pad, pool re -surfacing and UV system
$100,000.00 for pool fencing replacement
$ 15,000.00 for sidewalk repairs at Doornbos Park
$100,000.00 for Nederland Veterans' Park
$ 78,000.00 for sundeck project at Doornbos Park
$ 15,000.00 for pool design.
Of these capital projects, $0 has been spent on the pool projects (improvements
and fence) leaving $350,000 in the Parks Special Fund fund balance; $0 was spent
on the concrete replacement with the Parks budget in the General Fund covering
that cost leaving $15,000 in the Parks Special Fund fund balance; $25,277.33 was
spent on Veterans Park leaving $74,722.67 in the Parks Special Fund fund balance
(the awarded bid project was a combined $169,678.40, which was noted during
the bid award agenda item referencing utilizing Parks Special Fund fund balance to
cover the overage); $23,000 was spent on the sundeck project leaving $55,000
in the Parks Special Fund fund balance (the awarded bid project is $61,515 which
was noted during the bid award agenda item referencing utilizing Parks Special
Fund fund balance to cover the overage). Thus $494,722.67 represents unspent
funds that have been authorized via City Council action (adoption of budget, Capital
Minutes Continued, October 26, 2015
Improvement Program 2013-2018, budget amendment, etc.); with the projects
over the original project budget, an additional $76,193.40 will be spent on
Veterans' Park and the sundeck; this accounts for $570,916.07 of the $713,022.65
leaving a balance of $142,106.58. Those funds are reserved for future park
projects, such as the planned additional baseball field at Doornbos Park for A.S.K.
(Capital Improvement Program) to minimize the financial burden to the General
Fund. As previously noted, funds have been allocated in the Parks Special Fund
through the adoption of budgets and budget amendments that have all been
approved by the City Council; the previously listed capital projects (pool and
Veterans' Park) were part of a $1.5 million drawdown of the General Fund balance
with $1.1 million allocated to the Street Improvement Fund and $400,000 to the
Parks Special Fund.
The second question Councilman Neal asked addressed the annual operating
expenses of the Parks Department.
GENERAL FUND - PARKS DEPARTMENT (01-51)
FY 2013-2014 FY 2014-2015
TOTAL BUDGET $487,060 $597,508
The majority of the increase from one fiscal year to the next is salaries (a part-
time Recreation Assistant was upgraded to full-time status, adjusting the salary of
a Parks Maintenance Worker, and the 3% COLA), the concrete repairs at Doornbos
Park, other minor repairs/improvements, and greater chemical costs due to the
pool utilization and weather.
In regards to the revenue raised by the Parks Departments:
GENERAL FUND - PARKS DEPARTMENT (01-51)
FY 2013-2014 FY 2014-2015
Pool & Recreation $92,457 $109,566
Building Fees
k. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to accept an anonymous donation for the Nederland Veterans' Park phase
II statute. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
S. COMMUNICATION
City Manager's Report:
a. Trunk -R -Treat - Saturday, October 315t
b. Veterans' Day Program - Wednesday, November 11th
Minutes Continued, October 26, 2015
6. AD30URN
There being no further business a motion was made by Councilmember Neal and
seconded by Mayor Pro Tern Albanese to adjourn the meeting at 5:44 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: None.
Absent: Councilmember Belaire.
R. A. Nuge&;nayor
City of Nede Oland, Texas
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE
R. A. Nugent
Mayor
Talmadge Austin
Council Member —Ward I
Billy Neal
Council Member —Ward II
Don Albanese
Council Member— Ward III
Craig Belaire
Council Member—Ward IV
Chris Duque
City Manager
Gay Ferguson
City Clerk
Jesse Branick
City Attorney
Cheryl Dowden
Director of Finance
Darrell Bush
Police Chief
Gary Collins
Fire Chief
Steve Hamilton
Director of Public Works
George Wheeler
Building Official
Victoria Klehn
Librarian
Holly Guidry
Human Resources Director
Joni Underwood
Executive Secretary
Angela Fanette
Parks Director
R. A. Nugentayor
G y erg on, City CI
October 26, 2015
Date
PRESENT
V
V
V
ABSENT
V
ALLISON NATHAN GETZ
TAX ASSESSOR -COLLECTOR
STATE OF TEXAS
COUNTY OF JEFFERSON
TERRY WUENSCHEL
CHIEF DEPUTY
I, 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 $18,155.24, represents all taxes collected for CITY OF NEDERLAND
during the month of September 2015.
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
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR
COUNCIL MEETINGS TO BE HELD IN THE MONTH
OF NOVEMBER 2015
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
THAT the following dates will be and are hereby regular meeting dates for
the meetings of the City Council of the City of Nederland, Texas. All of the below
regular meetings shall begin at 4:30 p.m. on each of the following dates:
November 2 and 16, 2015
ANY AND ALL ordinances of the City of Nederland, Texas which conflict
with any provisions of this amendment are hereby expressly repealed.
PASSED AND APPROVED by the City Council at a regular meeting this
26th day of October, 2015.
R. A. Nug t, Mayor
City of Ne erland, Texas
ATTEST:
h- k2E�14aaljpA—
ay Fer son, City 1716rk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
JessAfderland,
�ttorney
City
Texas
ORDINANCE NO. 2015-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2015-
2016 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS, the City Council previously approved Ordinance No. 2015-16, which adopted
the Fiscal Year 2015-2016 City Budget; and,
WHEREAS, the City Council deems it necessary to amend the current budget to adjust
revenues and expenditures as set out in Attachment "A" attached hereto; and,
WHEREAS, the 2015-2016 City budget states `That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2016 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2015 and ending September 30, 2016, and such funds are hereby appropriated as a City Council
Contingency Account for purposes approved by the City Council; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2015-2016 is amended to allow for adjustments in
revenues and expenditures as set out in Attachment "A."
THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed.
THAT the City Clerk shall file a true copy of this ordinance and said budget amendment
with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the
Local Government Code.
THAT, this being an ordinance not requiring publication, it shall take effect and be in force
from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
REGULAR MEETING THIS THE 26th DAY OF OCTOBER, 2015.
v�
R. A.'NugentyAayor
City of Nederland, Texas
ATTEST:
WIk2U1 4X- ZX I L==
ay Ferg son, City Cle
APPROVED AS TO FORM AND LEGALITY:
Jes Bra i , City Attorney
� i 1 i
:111 i ! Ji I =1 0 1 a - @ -
FISCAL. YEAR: 2015-2016
DATE: October 26, 2015
DEPARTMENT: Various
FUND: Street Improvement (39)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
39-0000-6730 Street Improvements 575,000 820,000 1,395,000
39-0000-6393 Contractual Services 50,000 25,000 75,000
TOTAL 625,000 845,000 1,470,0001
JUSTIFICATION
It is necessary to allocate funds for carry-over projects (2015 Hot Mix Overlay and 2015 Concrete Street Rehab) that
were not completed by September 30, 2015. In addition, the engineering of these two projects and the Nederland Avenue Study
were not completed by September 30, 2015 so funds must be allocated in the contractual services line -item.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
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