December 14, 2015REG6liLAR MEETING OF THE CITY 4(--Ot.J1NCIL OF THE
CITY OF NEOERLANO
4:30 p.m. December 14, lois
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.
2. ZN VOCATION ANO PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Chris Duque, City Manager.
3. CONCENT /►GEP#"A - A11 consent agenda ltems 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 counciimember 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 secc>nded 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 — C>ecember 7, 2015 regular meeting
b. Consider action approving Resolution No. 2015-13, ratifying the action of the
Nederland Economic development Corporation Board of Directors in regards to the
incentive offered to Tri -city Ventures, L.L.C.
c. Payments=
• Schaumburg 8t Polk, Inc. - $3,504.13, 2015 Asphalt Street Rehabilitation
project
Schaumburg 8c Polk, Inc. - $624.00, South Stt Street Water Tower
Rehabilitation project
+ Schaumburg 81 Polk, Inc. - $2,493.50, South 12-t- Street Waterline
Rolocation project
+ Schaumburg 8c Poik, Inc. - $2,800.00, Renewal Application of the Texas
Pollutant C>ischarge Elimination System Permit No. 10483-002
4. REGULAR AGENDA
a. A motion was made by Counciimember Neai and seconded by Mayor Pro Tem
Albanese to approve a proclamation recognizing the Nederland Bulldogs for winning
the 2015 Sum Phillips Bowl. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Beiaire.
Noes: None_
Minutes Continued, December 14, 2015
b. Angela Fanette, Parks Director, presented plaques to Tracey Tatum, Dean Nelson,
and Lori Cappel for their support of community events sponsored by the City of
Nederland.
c. Recognition of retiree: James Kevin Dozier (Streets Heavy Equipment Operator).
The meeting was recessed from 4:47 p.m. - 4:56 p.m. to allow for cake and
congratulations for Mr. Dozier.
d. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to accept a donation from Phillips 66 to be utilized as a match payment to the
2014 Port Security Grant projects. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve an agreement with Election Systems & Software, L.L.C. for
the rental of election equipment for the May 2016 election. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
f. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve, pending final legal review and approval, a Pipeline Easement
Agreement between the City of Nederland and Phillips 66 Pipelines, L.L.C.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
g. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember
Austin to amend, pending final legal review and approval, the Nederland Personnel
Policy Manual in regards to House Bill 910. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
h. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve, pending final legal review and approval, Resolution No. 2015-
14, regulating the carrying of handguns in city facilities in accordance with House
Bill 910. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
S. EXECUTIVE SESSION
The regular meeting was recessed at 5:15 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 5:43 p.m. by Mayor Nugent.
Minutes Continued, December 14, 2015
A motion was made by Cound|mamber Neal and seconded by Cpumj|memberAustin
to give the City Attorney authority to seek outside legal counsel to file a brief with the
court system regarding a matter pending between the City of Port Neches and the City
of Port Neches' Zoning Board of Adjustments on a proposed housing development
within the city limits of Port Neches.
7. COMMUNICATION
City Manager's Report:
e. Holiday Closures - Dec. 24mand Dec. 25m (Christmas Eve and Ch and
Jan. 1st (New Year's Day)
b. LanghamnSingers- Dec. 17 th @ City Hall
c. Miscellaneous
w Ernp|oyeeChristnnasParty- Dec. 16 m @ 11:30a.rn.
* Storytirne at the Library - Dec. 16'»
S. ADJOURN
There being no further business e motion was made by Counc|rnernber Neal and
seconded by Cound|rngrnberAusUn to adjourn the meeting at 5:47 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Counc||rnernbersAuStin, Neal, Albanese, and Be|aina.
Noes: None.
R. . X�Nugent e ayor
JL
da -y Fergus, P,City Clerk J
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT ABSENT
v
R. A. Nugent
Mayor
Talmadge Austin
Council Member - Ward I
v
Billy Neal
Council Member - Ward II
V
Don Albanese
Council Member -Ward III
Craig Belaire
Council Member -Ward IV
Chris Duque
q
Cit Manager
Y 9
v
Gay Ferguson
City Clerk
fJesse Branick
City Attorney
Cheryl Dowden
Director of Finance
Darrell Bush
Police Chief
Gary Collins
i
Fire Chief
i Steve Hamilton
Director of Public Works
`George Wheeler
Building Official
Victoria Klehn
Librarian
I Holl Guidry
Y ry
Human Resources Director
Joni Underwood
Executive Secretary
LAnoela
V
Fanette
Parks Director
R. A. Nug4nt, WPor
Feroson,
December 14, 2015
Date
RESOLUTION 2015-13
A RESOLUTION OF THE CITY OF NEDERLAND
RATIFYING THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS, the present and prospective right to gainful employment and general welfare
of the people of Nederland require as a public purpose the promotion and development of new and
expanded business enterprises; and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments, welfare,
and prosperity of its citizens; and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one-quarter (1/4) of one percent (10/6) sales tax for economic
development are in the public interest and serve a public purpose in promoting the welfare of the
citizens of the City economically by the securing and retaining of business enterprises and the
resulting maintenance of a higher level of employment, economic activity, and stability; and
WHEREAS, the citizens of the City of Nederland provided for the creation of the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described; and
WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law, its charter, bylaws and by board approval, to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the action of the Board of Directors of the Nederland Economic Development
Corporation ("Board") relating to project costs associated with Tri -City Ventures, LLC, in an
aggregate maximum amount of not more than Twenty -Five Thousand dollars ($25,000.00), in
accordance with the terms and conditions as prescribed by the Board, is hereby ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS this 7th day of December . 2015 at which
meeting a quorum was present and voting.
Aw' --�� S
R. A. Nugent, yor
City of Nederland, Texas
ATTEST:
T��erk
�ay Feruson, City
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Grwwoel-'_
Jes Brand ,City Attorney
Ci ederland, Texas
PASSED AND APPROVED ON THE SECOND RE BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND, TEXAS this J- !ky of ���, 2015 at
which meeting a quorum was present and voting.
R k Nugen yor
City of Neder d, Texas
ATTEST:
9bika, 0A,23'e'&14-
ay Fer on, City Cl
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
4Branicty Attorney
, Texas
RESOLUTION NO. 2015-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND FOR THE PROHIBITION OF A HANDGUN
LICENSE HOLDER FROM CARRYING A HANDGUN ON THE
FOLLOWING PREMISES: (1) A POLLING PLACE ON THE
DAY OF AN ELECTION OR WHILE EARLY VOTING IS IN
PROGRESS, (2) ANY GOVERNMENT COURT OR OFFICES
UTILIZED BY THE COURT, UNLESS PURSUANT TO
WRITTEN REGULATIONS OR WRITTEN AUTHORIZATION
OF THE COURT, AND (3) DESIGNATED AREAS USED FOR
PUBLIC MEETINGS SUBJECT TO THE OPEN MEETINGS
ACT; AND AFTER PROPERLY POSTING SUCH NOTICE AS
REQUIRED UNDER TEXAS PENAL CODE §46.035, §30.06 &
§30.07 STATING THAT DOING SO IS PROHIBITED.
WHEREAS, HB 910 or the Open Carry Law approved by the Texas State
Legislature and signed by Governor Abbott specifies locations a municipality may prohibit
the carrying of handguns through proper notice; and
WHEREAS, the Nederland City Council supports the 2nd Amendment of the U.S.
Constitution, but deems it necessary to utilize the prohibitions provided by state statute.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the City Council of the City of Nederland, Texas prohibits entry of persons
with handguns into the following premises: (1) a polling place on the day of an election or
while early voting is in progress, (2) any government court or offices utilized by the court,
unless pursuant to written regulations or written authorization of the court, and (3)
designated areas used for public meetings subject to the Open Meetings Act, and after
properly posting notice as required under Texas Penal Code § 46.035, 30.06, and 30.07
stating that doing so is prohibited.
PASSED AND APPROVED AND ADOPTED this 14th day of December , 2015.
kA 4z 6 9v 6
R. A. Nugen , M -r
'-
City of Nederlan , Texas
ATTEST:
ay Ferg iS6f, ,City Ce� v
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Jes a Bra 'ck, City Attorney
Ci of Berland, Texas