May 23, 2016REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p_m_ May 23, 2016
1. MEETING
The meeting was called to order at 4:30 p_m_ by Mayor Nugent at the Nederland City
Office Buildin(g, 207 N_ 12th Street, Nederland, Texas. See attached for quorum.
The Following statement was posted:
-F-URSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE "OLDER
WITH AN OPENLY CARRIED "ANDGUN:), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE C"ANDGUN LICENSING
LAWS, MAY NOT ENTER THIS PROPERTY WIT" A HANDGUN THAT IS CARRIED
OPENLY."
2_ INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Chris Duque, City Manager.
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 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 Austin and seconded by Councilmember Neal
to approve the Consent Agenda Items a -e as presented. MOTION CARRIED.
Ayes: Mayor Nugent, Cou ncilmem bars Austin, Neal, Albanese and Belaire.
Noes: None.
a. Minutes — May 9, 2016 regular meeting, April 18, 2016 special meeting and May
S, 2016 special meeting
U. April 2016 departmental Reports
c. Tax Assessor Collector Report - April 2016
d. Requests:
Consider a request from Keith Barrow to utilize Hoorn bos Park for a summer
soccer camp
Consider a request from Carl burden/Crossroads Fellowship Baptist Church
to utilize O000rnbos Park for a backyard Bible camp
Consider a request from the Nederland Independent School E>istrict to utilize
the Nederland Swimming Pool for a summer recreation swim day
Consider a request from Lance Howell/Hillcrest Baptist Church to utilize
Cropo LeBlanc Park, [:>oornbos Park, and Rienstra Park for a summer fun
camp
Minutes Continued, May 23, 2016
° Consider request from Torey Gomez to utilize the Nederland Swimming
Pool for Hillcrest Intramural students swim day
a. Payments:
• Schaumburg & Polk, Inc' - $7,440'40, South Sm Street Water Tower
Rehabilitation project
• Schaumburg &Po|k, Inc. ' $6,026.80/ Nederland Avenue Study
• Schaumburg &Po|k� Inc. - $25,632.50, 2016 HMACRehab|Ubation project
° L]/4 Engineering, Inc. - ¢1,354.17, Phase Il MS4 Permit Implementation
Services (Year 3, FY 2015-2016)
4. REGULAR AGENDA
a. Chris Duque, City Manager, reported onproblems with the recycling program which
resumed operation in the fall of 2011. Waste Management is contracted to three
times a week pickup for the dunnpstens located at the Market Basket parking lot.
Mr. Duque explained that while there have been occasional problems with illegal
dumping atthe location, recently the problems have escalated. The ITDepartment
has been directed to install a camera to facilitate filing charges on the individuals
who are illegally dumping. If the problems continue, Mr. Duque said he would
recommend suspending the program or relocating the drop-off location to the new
Service Center on Mandy' No action was necessary.
b. A motion was made by Counc||rnennberAustin and seconded by Mayor Pro Tern
Albanese to postpone action on Ordinance No. 2016-16, revising Chapter 76 of the
City Code of Ordinances/ prohibiting the use of smoking and electronic vaping
devices at City parks and park facilities. MOTION CARRIED.
Ayes: Mayor Nugent, Counc||rnernbensAustin, Neal, Albanese, and Be|aime.
Noes: None.
x. A motion was made by Counc|nnenlberAusUn and seconded by Mayor pro Tenn
Albanese to approve Change Order No. 1 of the SCADA Improvements 2015 project
bvcadding 3Odays tothe contract with TraC-n-trn|. MOTION CARRIED.
Ayes: Mayor Nugent, Cound|rnernbersAustin, Neal, Albanese, and Be|aine.
Noes: None.
d. A motion was made by Cound|rnernberAusUn and seconded by Mayor Pro Tern
Albanese toapprove Change Order No. 3¢fthe 3O15Asphalt Street Rehabilitation
project which neduc$sthe contract costs by $56,301.85 after final quantities have
been resolved. MOTION CARRIED.
Ayes: Mayor Nugent, Cound|mnernbersAustin, Neal, Albanese, and Be|aire.
Noes: None.
w. Mr. Duque, City Manager, stated the 2O1SAsphalt Street Rehabilitation project was
awarded to LD Construction in the amount of $1,008,835.50 on March 30, 2015.
/\ total of 3 Change Orders were issued to increase the contract cost to
$1,033,312.71' A final invoice of $96,968.05 has been submitted from the
contractor. Included in Change Order #2, which was approved on January 11,
2016, was a provision for liquidated damages if the work exceeded the contract
end date of February S, 2018. The actual date construction was completed was
March 12, 2018. To further complicate matters, the change orders and additional
time bythe contractor have caused an increase to the project engineer's cost by
Minutes Continued, May 23, 2016
approximately $12,000.00. Mr. Duque recommended the assessment of liquidated
damages in the amount of $12,000.00 reducing the final payment and release of
retaining to $84,968.05.
A motion was made by Councilmember Belaire and seconded by Councilmember
Austin to approve the final payment and release of retainage, in the amount of
$84,968.05, to LD Construction for the 2015 Asphalt Street Rehabilitation project.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to approve payment to Schaumburg & Polk, Inc. in the amount of $11,608.88
for the 2015 Asphalt Street Rehabilitation project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
g. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Austin to approve Ordinance No. 2016-17, amending the Fiscal Year 2015-2016
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
h. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve engaging the RWL Group for consultant services relating to the bid
for windstorm insurance. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers; Austin, Neal, Albanese, and Belaire.
Noes: None.
i. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to authorize the solicitation of bids for windstorm insurance. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
j. Bids:
1. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to award a bid for the Nederland Service Center to Bruce's General
Construction in the amount of $1,065,000.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
ii. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to award a bid for the 2016 Flexible Pavement Rehabilitation project to LD
Construction in the amount of $431,292.00. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
iii. A motion was made by Councilmember Belaire and seconded by Mayor Pro
Tern Albanese to authorize the solicitation of Requests for Proposals for the City's
fiscal year ending September 30, 2016 audit. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, May 23, 2016
S. EXECUTIVE SESSION
Mayor Nugent announced the Executive Session was not necessary.
6. COMMUNICATION
City Manager's Report:
a. Memorial Day - City offices closed on Monday, May 30th. Solid Waste will be
delayed by one day.
7. AD3OURN
There being no further business a motion was made by Councilmember Neal and
seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:22 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
R. A. Nugen Mayor
City of Nede land, Texas
ATTEST:
PayFerguson, City Cler
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
f TITLE
PRESENT ABSENT
(
R. A. Nugent
Mayor
I
{
Talmadge Austin
Council Member -Ward I
( d
Billy Neal
Council Member- Ward II
Don Albanese
Council Member- Ward III
V/
Craig Belaire
Council Member - Ward IV
Chris Duque
City Manager
V
Gay Ferguson
City Clerk
i/
Jesse Branick
City Attorney
IS
Cheryl Dowden
Director of Finance
i
Darrell Bush
Police Chief
V
Gary Collins
Fire Chief
V
Steve Hamilton
Director of Public Works
( V
George Wheeler
Building Official
I
Victoria Klehn
Librarian
Holly Guidry
Human Resources Director
Joni Underwood
Executive Secretary
i
Angela Fanette
Parks Director
V
Mav 23.2416
Date
ALLISON NATHAN GETZ
TAX ASSESSOR -COLLECTOR
STATE OF TEXAS
COUNTY OF JEFFERSON
TERRY WUENSCHEL
CHIEF DEPUTY
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 $48,199.78, represents all taxes collected for CITY OF NEDERLAND
during the month of April 2016.
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
ORDINANCE NO. 2016-17
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 23rd DAY OF MAY, 2016.
R. A. Nuger�' Mayor
City of Nederland, Texas
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
SLG
Je a Brani k, ty Attorney
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2015-2016
DATE: May 23, 2016
DEPARTMENT: Various
FUND: General (01), Capital Outlay (31)
TOTAL 1,924,824 1,015,000 2,939,824
JUSTIFICATION
Funds from the General Fund fund balance are utilized to fund the Service Center project; these are excess funds
from the FY 14-15 fund balance. Funds are transferred to the Capital Outlay Fund and the construction project is
allocated funds. Finally, funds from the contractual services are transferred to the capital line item.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
AMOUNT
CURRENT
INCREASE
PROPOSED
ACCOUNT NO.
ACCOUNT TITLE
BUDGET
(DECREASE)
BUDGET
01-9000-6907
Transfer to Capital Outlay
317,412
200,000
517,412
31-0000-4901
Transfers In
797,412
200,000
997,412
31-0000-6393
Contractual Services
25,000
(25,000)
-
31-0000-6720
Bldgs, Fixtures & Grounds
785,000
640,000
1,425,000
TOTAL 1,924,824 1,015,000 2,939,824
JUSTIFICATION
Funds from the General Fund fund balance are utilized to fund the Service Center project; these are excess funds
from the FY 14-15 fund balance. Funds are transferred to the Capital Outlay Fund and the construction project is
allocated funds. Finally, funds from the contractual services are transferred to the capital line item.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of