June 13, 2016REGULAR MEETING OF THE CITY COUNCIL by THE
CITY OF NEDERLAND
4:30 p.m. June 13, 2016
X. 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:
PURSIJANT TO SECTION 30_07, PENAL CODE TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW)I, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY."
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk_
3_ CONSENT AGENDA - Ail 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 cou ncilmember so requests, in which event the item
will be removed from the Consent Agenda and considered separately -
.A motion Was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese
to approve the Consent Agenda Items a -b as presented. MOTION CARRIED_
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Belaire.
Noes: None.
a. Minutes — May 23, 2016 regular meeting, May 16, 2016 workshop and May 16,
2016 special meeting
b_ Payments:
Gulf States Protective Coatings, Inc_ - $49,967.15, South S« Street Water
Tower Rehabilitation project
4. REGULAR AGENDA
a_ A motion was made by Cou ncilmember Austin and seconded by Mayor Pro Tem
Albanese to approve Ordinance No. 2016-16, revising Chapter 76 of the City Code
of Ordinances, prohibiting the use of smoking and electronic -aping devices at City
parks and park facilities_ MOTION CARRIED_
Ayes: Mayor Nugent, Cou ncilmembe rs Austin, Neal, Albanese, and Balaire.
Noes: None.
Minutes Continued, June 13, 2016
b. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to approve a collective bargaining agreement with the Nederland Police
Officers' Association. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve a collective bargaining agreement with the International
Association of Firefighter, Local 3339. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
S. EXECUTIVE SESSION
The regular meeting was recessed at 4:42 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 5:10 by Mayor Nugent. He announced the
Executive Session was held for informational purposes only and no action is necessary.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous -
• Chamber Coffee is June 14th, 8:00 a.m. at Gulf Credit Union
• Chamber Boots and Bulls will be Sept. 8th at Broussard's Farm
• Chris Duque thanked Holly Guidry and Larry Watts for their work on the
Police and Fire negotiations this year. Mayor Pro Tern Albanese also
commended staff for the speedy process of the negotiations.
There being no further business a motion was made by Mayor Nugent and
seconded by Mayor Pro Tern Albanese to adjourn the meeting at 5:11 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
ayl
R. A. Nugent ayor
City of Neder and, Texas
Minutes Continued, June 13, 2016
ATTEST:
Payergu n, City C er4
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
R. A. Nugent
Mayor
V
Talmadge Austin
Council Member -Ward I
Billy Neal
Council Member -Ward II
Don Albanese
Council Member -Ward III
Craig Belaire
Council Member -Ward IV
V
Chris Duque
City Manager
Gay Ferguson
City Clerk
V
Jesse Branick
City Attorney
Cheryl Dowden
Director of Finance
Darrell Bush
Police Chief
Gary Collins
Fire Chief
V
Steve Hamilton
Director of Public Works
George Wheeler
Building Official
V
Victoria Klehn
Librarian
Holly Guidry
Human Resources Director
Joni Underwood
Executive Secretary
v
Angela Fanette
Parks Director
M_46va,0
R. A. Nuge or
q�rj / ]",at 1919 M
y r u n, ity C er
June 13, 2016
Date
ABSENT
ORDINANCE NO. 2016-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS REVISING CHAPTER 76 (PARKS AND
RECREATION), OF THE CITY CODE OF ORDINANCES;
PROHIBITING SMOKING AND THE USE OF ELECTRONIC
VAPING DEVICES AT CITY PARKS AND PARK FACILITIES;
PROVIDING FOR THE PLACEMENT OF SIGNS; PROVIDING
FOR A PENALTY OF FINE; PROVIDING FOR REPEAL OF
ALL ORDINANCES AND POLICIES IN CONFLICT OR PARTS
OF ORDINANCES AND POLICIES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Nederland City Council is concerned about the impact of the
use of tobacco products and electronic vaping devices in public places where adults
and children gather for the purpose of enjoying parks and recreation in Nederland;
and
WHEREAS, it is a generally accepted principle that the use of cigarettes,
second-hand smoke, and other tobacco products constitute a hazard to a person's
health; there is no safe level of exposure to secondhand smoke; and
WHEREAS, hundreds of communities in the United States, plus numerous
states, including Texas, have enacted laws requiring workplaces, restaurants, bars,
and other public places to be smoke-free; and
WHEREAS, the Nederland City Council desires to prohibit the smoking of
tobacco products and use of electronic vaping devices in certain public places to
protect the public's health; and
WHEREAS, the Nederland Parks and Recreation Board has recommended
revisions to the City's policies and procedures to prohibit smoking and the use of
electronic vaping devices in City parks and park facilities; and
WHEREAS, the City Council deems it necessary and in the interest of public's
health, safety, and welfare to amend Chapter 76 (Parks and Recreation) of the Code
of Ordinances, as set forth herein below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS THAT:
Section 1. Chapter 76 (Parks and Recreation) of the Code of Ordinances of
the City of Nederland is amended to include Sections 2, 26, and 28 and shall read as
follows:
Sec. 76-2. Recreation center—Fees.
Code of Conduct
A resident is considered any person that leases, rents or owns property within the city limits
of Nederland. Proof of residency is required. This includes a valid Texas Driver's License or ID
card issued by the Texas Department of Public Safety which shows and current address and
proof of current address is also required and includes a water bill or utility bill. These items
must be dated within the most recent 30 days. Failure to comply will result in non-resident
fee payment for services.
Active members of the United States Armed Forces, with valid military I.D., will be given
resident status for facility use and rental fees.
• Neither alcoholic, tobacco products of any kind, nor electronic vaping devices are allowed in
building, no exceptions. Smokers are required to be at least 50 feet from recreational facility
entrances.
• Only residents are allowed reserve racquetball courts. Non-resident must be with resident to
play racquetball, unless a non-resident membership is purchased. Minimum age for
racquetball participants without adult supervision is 16 -years -old.
• No children under the age of 12 will be allowed in the facility without adult supervision.
Swimming Pool Code of Conduct:
• The normal swim season is from Memorial Day to Labor Day.
• Rental applicants are required to provide all pertinent information relating to function at time
of application. The deposit amount must be submitted with application before any party slot
is reserved. All reservations must be made in person, no dates will be held without application
and deposit.
• Rental applicants are responsible for the behavior of all guests using the facility.
• Renter of any facility of the city parks and recreation department must be on site at all times,
otherwise deposit will be forfeited and the party will be asked to leave the premises.
• No private parties are allowed during public swim hours.
• Neither alcoholic, tobacco products of any kind, nor electronic vaping devices are allowed on
premises, no exceptions. Smokers are required to be at least 50 feet from recreational facility
entrances.
• No glass containers of any sort, kind or variety allowed; no exceptions.
• Public swim patrons are allowed to bring hydrating -style beverages — such as bottled water,
tap water in exercise -style personal drinking bottle, sports drinks, etc. — all of which are
subject to pool management and staff inspection.
• No outside food allowed, except for family night and private rental events. No cooking or
open flame allowed on pool grounds or within 50 feet of facility entrances.
• No re-entry — once a patron leaves the pool, they must pay another admission fee to re-
enter.
• One parent, grandparent, or guardian per family regardless whether a resident or non-
resident may enter the facility free of charge to supervise their minor child(ren) if the parent,
grandparent, or guardian shall not swim. If the parent, grandparent, or guardian who entered
the facility free of charge leaves the facility, then they shall not be allowed re-entry without
payment.
Sec. 76-26. - Definitions.
In this article:
Electronic vagina device shall mean any electronically powered or battery powered device
designed to simulate the smoking of tobacco, cigarettes, pipes or cigars. An electronic vaping
device includes personal vaporizers, electronic cigarettes (e -cigarettes), electronic pipes (e -pipes),
electronic cigars (e -cigars) and any other type of electronic nicotine delivery system or any part
thereof.
Enter means to intrude any part of the body or any physical object connected with the body.
Intentionally, knowinaly and recklessly have the meaning assigned to each term as set forth in
V.T.C.A., Penal Code § 6.03 (Culpable Mental State).
Law means the constitution or statute of this state or of the United States, a written opinion of a
court of record, or a municipal ordinance.
Motor vehicle means a device in, on, or by which a person or property is or may be transported
or drawn on a highway.
Motorized vehicle means a device, not defined as a motor vehicle by state statute, which is
propelled by any motor such as, but not limited to, motor scooters, quad -wheeled cycles, dirt
bikes, etc.
Notice means: (a) oral or written notice by the city or someone with apparent authority to act for
the city; or (b) a sign or signs posted in the park or at the entrance to any building or facility,
reasonably likely to come to the attention of a person, indicating the hours that the park is closed
to the public.
Park or city nark means any property owned and/or leased by the City of Nederland, which is
designated for recreational purpose, or public property used by the city for recreational purposes,
including all parks in the City of Nederland as named: C. Doornbos Heritage Park, Rienstra Family
Park, Tex Ritter Historical Park, Carl "Cropo" LeBlanc Neighborhood Park and South 5u Street
Neighborhood Park.
Peace officer means a person elected, employed, or appointed as a peace officer under V.T.C.A.,
Criminal Procedure Code Article 2.12, V.T.C.A., Education Code § 51.212 or 51.214, or other law.
Possess means actual care, custody control, or management.
Sins means any authorized posting, as determined by the city council and/or the city manager
or his/her designee, within or near any city park or property adjacent to any city park.
Swimmina facility means any property owned and/or leased by the City of Nederland, which is
designated for aquatic recreational purpose, or public property used by the city for aquatic
recreational purpose.
Walking path means any footpath or sidewalk constructed of concrete or other materials located
within any city park.
Sec. 76-28. - Unlawful conduct in city parks.
(a) Behavior. A person commits an offense if in a city park, the person intentionally, knowingly,
and recklessly:
(1) Possesses or consumes an alcoholic beverage;
(2) Builds or attempts to build a fire, except for a fire used for cooking in a pit, grill or other
container manufactured for cooking with open flames;
(3) Swims, wades, or otherwise enters in or upon any body of water, other than a swimming
facility;
(4) Rides, drives, or uses a bicycle, skateboard, scooter, rollerblades or skates, or any other
motor or motorized vehicle on any walking path;
(5) Possess a dog or other domesticated animal that is unleashed or on a leash of insufficient
strength to restrain the animal;
(6) Fails to deposit in a receptacle or container provided by the city for waste disposal any
defecation from a dog or any domesticated animal in his/her possession;
(7) Interferes with, disrupts or prevents the orderly conduct of any city sponsored, hosted or
approved community event, athletic event, league or tournament program;
(8) Disregards, fails to observe, or otherwise violates any prohibition or direction appearing
upon any sign in a city park;
(9) Enters or remains in a city park when the park is closed to the public and the person had
notice that the park was closed to the public or received notice to depart but failed to do so;
or
(10)Remains in a city park after being ordered to depart by a parks and recreation department
employee or peace officer of the city acting in the scope of their employment, when the
person has interfered with, disrupted, or prevented the orderly conduct of any city sponsored,
hosted or approved community athletic, league or tournament event, or has violated any
state or federal law, or any city ordinance, while in the park.
11)Smoke tobacco products or utilize an electronic vaping device at any City park or parks
facility owned by the City of Nederland during or at the following community events: Hooked
on Fishing, Not on Drugs, Art in the Park, the 0 of July Fireworks Show, Monsters in the Park,
Christmas on the Avenue, and any other event declared "smoke-free" by the Nederland City
Council.
12)Smoke tobacco products or utilize an electronic vaping device at any City park within 10
feet of a playground area.
(b) Treatment of park property. A person commits an offense, if in a city park, the person
intentionally, knowingly or recklessly:
(1) Marks, defaces, disfigures, injures, tampers with, displaces or removes any building,
structure, monument, fountain, wall, fence, bridge, railing, vehicle, paving, bench, sign or
other property or material located in any park;
(2) Cuts, breaks, defaces or in any way injures the trees, shrubs, plants, grass or turf within
any park; or
(3) Fishes from any structure, gazebo, pavilion, sundeck, table, bridge or railing adjacent to
the pond at Doornbos Park. Otherwise, fishing is allowed under Texas State Parks and Wildlife
Department law and regulations.
(c) Treatment of animals. A person commits an offense, if in a city park, the person intentionally,
knowingly or recklessly:
(1) Abandons, leaves unattended, or deserts any animal, waterfowl or bird in any park;
(2) Rides any cow, horse, mule, fowl or domesticated animal in any park,
(3) Tethers or pastures, or allows or causes to be tethered or pastured any cow, horse, mule,
fowl or domesticated animal in or upon any park; or
(4) Uses a cast net for fishing purposes.
(d) Littering and dumping. A person commits an offense, if in a city park, the person
intentionally, knowingly or recklessly:
(1) Deposits paper, glass, broken glass, metal, litter, cigarette or cigar butts, or trash of any
description in park property in any place, other than in receptacles or containers provided by
the city for waste disposal;
(2) Uses any park property as a dumping site for any bottle, broken glass, ashes, paper boxes,
cans, dirt, grass, weeds, branches, rubbish, waste, garbage, refuse, litter or trash of any other
description brought into any park property for the primary purpose of dumping, depositing,
leaving, unloading, discharging, or disposing of such items.
(3) Throws, discharges or otherwise places or causes to be placed in the waters of any
swimming facility, pond, storm sewer, ditch or drain flowing into such waters, any substance,
matter or thing, liquid or solid, which will or may result in the pollution of the water, or dumps,
deposits or leaves any bottle, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste,
garbage, refuse, litter or trash of any other description in any such waters of any city park.
(e) Traffic and parking regulations. A person commits an offense, if in a city park, the person
intentionally, knowingly or recklessly:
(1) Operates or drives any motor or motorized vehicle at a speed in excess of ten miles per
hour;
(2) Fails to observe any traffic sign indicating speed, direction, caution, stopping or parking
and any other sign posted for proper control and to safeguard life and property;
(3) Fails to obey any peace officer or city employee authorized to direct parking in the park.
(4) Parks a motor or motorized vehicle in other than a designated parking area, or contrary
to the direction signs, or contrary to the verbal instructions of any city employee;
(5) Double-parks a motor or motorized vehicle on or adjacent to any roadway or parking area
unless directed by city employees or parks any motor vehicle in a manner that blocks any
roadway or walkway within a park;
(6) Drives or operates a motor or motorized vehicle on any area outside a paved road or
parking area or in any area where a "No traffic" sign has been posted, unless authorized by
parks and recreation department personnel; or
(7) Leaves unattended, neglects or abandons a motorized vehicle in any city park, when the
park is closed to the public, unless prior authorization from parks and recreation department
personnel has been given.
Section 2. Signage notifying the public that the City's parks and park facilities
are smoke-free shall be posted at each entrance of each location.
Section 3. All ordinances, or parts of ordinances, or policies or parts of policies
in conflict with this ordinance, are hereby repealed, to the extent of conflict only.
Section 4. If any section, subsection, sentence, clause or phrase of this
Ordinance, or the application of same to a particular set of persons or circumstances
should for any person be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various portions and
provisions of this Ordinance are declared to be severable.
Section 5. The meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code Chapter 551.
Section 6. This ordinance shall become effective from and after its passage
and publication as provide by law.
PASSED AND APPROVED by the City Council of the City of Nederland this
the 13th day of June, 2016.
Mo�—
R. A. N , Mayor
City of Ne erland, Texas
r_v■1*-1Nq
FAIIN,M. -
APPROVED AS TO FORM AND LEGALITY:
Jes Bra is ,City Attorney