February 27, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF 1.41EI10ERLAN10
4:30 P_m_ February 27, 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. 12th Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
"PIJRSIIANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE 1-1101_10ER
WITH AN OPENLY CARRIES HANOGUN), A PERSON LICENSE04 IJN10ER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT COrsE cHANraGUN LICENSING
LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANOGIJN THAT IS CARRIES
OPENLY_"
2_ INVOCATION ANC/ P1_E10GE OF ALLEGIANCE
The invocation and the Pledge of Allegiance were led by Gay Ferguson, City Clerk.
3. CONSENT AC+ENmaA - 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 Mayor Pro Tem Albanese and seconded by Councilmember Neal
to approve the Consent Agenda Items a-d as presented. MOTION CARRIEC._
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Belaire_
Noes: None.
a. Minutes — February 13, 2017 regular meeting
b. Consider approving a correction to the City Council minutes of January 9, 2017_
c. January 2017 Departmental Reports
d. Payments:
UA Engineering, Inc. - $596.83, Phase II MS4 Permit Implementation Services
Bruce's General Construction - $107,167.87, Nederland Service Center
Schaumburg E. Polk, Inc. - $135,519.91, Concrete Sewer Line Evaluation
project
4. REGULAR AGENDA
a_ Scott Ferguson, President of Adaptive Sports for Kids, Inc., made a presentation
to City Council regarding the upcoming Opening Day of baseball season. T-shirts
were presented to Council by athletes.
.r■►
Minutes Continued, February 27, 2017
b. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to declare various city equipment surplus. Equipment consists of obsolete
computers, monitors, etc. from the Marion & Ed Hughes Public Library as well as
the 120' communications tower which was located at 1400 Boston Avenue.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to accept the Racial Profiling Report from the Nederland Police
Department in accordance with Article 2.132(b)(7) of the Texas Code of Criminal
Procedure. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to approve Resolution No. 2017-04, authorizing the submittal of a State
Homeland Security Program grant application and recommending additional
planning funds from the 2016 L.E.T.P.A. grant. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
e. Chris Duque, City Manager, informed an appeal was received by John Gannon, Inc.
(JGI) following a denial of a billboard permit by George Wheeler, Building Official.
A billboard permit was issued to McLain Investments, LLC and Lockridge Outdoor
Advertising on January 19, 2016 for a billboard to be placed at 3316 Highway 365.
This permit had an expiration date of July 19, 2016. In June, JGI purchased the
lease from McLain Investments, LLC but was delayed in construction due to
weather. Mr. Duque reminded council the billboard sign ordinance was amended
on February 22, 2016 to include a requirement that billboards be at least 1,500
feet apart. When Lockridge secured their permit last January, the new billboard
regulations were not in effect. Once Lockridge's permit expired on July 19th the
new billboard regulations were in effect. Since another billboard is approximately
950 feet from the proposed billboard, Mr. Wheeler denied JGI's permit application.
JGI is requesting a waiver of the spacing variance so a billboard permit can be
issued.
Wendi Acosta with JGI stated JGI had been approached by a gentleman who buys
and sells leases once the permit is obtained. He did not inform them the change
had been made to the billboard sign ordinance when they purchased the lease.
They proceeded in good faith to erect the billboard however due to flooding in June,
July, and August they were unable to begin work. When it dried up in September
they went to renew the permit and were informed about the amendment to the
billboard sign ordinance. She said they only are asking for the opportunity to build
as in the previous agreement.
Brian McLain was in attendance to support JGI in their appeal. He confirmed they
were unaware of the billboard ordinance amendment. He also reported
construction remodeling work at Zen City had dumpsters blocking the location
where the sign were to be placed which also prevented construction of the
billboard.
MM.
Minutes Continued, February 27, 2017
Mr. Duque recommended making a decision after discussing it in Executive Session
with the City Attorney.
f. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to authorize the solicitation of bids for Employee Group Benefits (Dental
and Vision Insurance). MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve a work authorization with Schaumburg & Polk, Inc. for the
2017 Hot Mix Overlay project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
h. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Austin to approve a work authorization with Action Civil Engineer, PLLC for the
Nederland Avenue drainage project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve Resolution No. 2017-05, authorizing the publication of the
Notice of Intent for certificates of obligation to fund the Nederland Avenue project.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese.
Noes: None.
Abstain: Councilmember Belaire.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:14 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 5:14 by Mayor Nugent to allow further
comments from Ms. Acosta. She wanted to let City Council know her company pays
taxes on property their signs are located on.
7. EXECUTIVE SESSION
The regular meeting was recessed at 5:15 by Mayor Nugent for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.071 - Consultation with City Attorney.
dIL
APPROVAL OF CONTRACT CHANGE
Change Order No.I
Date:March 6.2017
Project: Boston Avenue Sidewalk Rehabilitation
Owner: City of Nederland
1903 Atlanta Avenue
Nederland,Texas 77627
Contractor: Brystar Contracting,Inc.
8385 Chemical Road
Beaumont,Texas 77705
To the Owner: Approval of the following contract change is requested.
Reason for Change:To reconcile quantities added/deleted during sidewalk rehabilitation.
ORIGINAL CONTRACT AMOUNT: S129,025.00
CHANGE ORDER No's. $0.00
THIS CHANGE ORDER:
Description Unit Md Subtract Net Change
REMOVE
Item 8-Pavement Makings(S3.00/LF) LF 115.00 (5345.00)
Item 7-Brick Pavers(524.00/SF) SF 3 572.00
NEW ITEMS
Item 10-Brick Paver Repair(Roadway)(S1,134.00/LS) LS 1 51,134.00
Item II-Street Light Globe(S645.00/EA) EA I (S645.00)
•
TOTAL AMOUNT OF THIS CHANGE ORDER: $216.00
TOTAL REVISED CONTRACT AMOUNT INCLUDING $129,241.00
THIS CHANGE ORDER:
Calendar Days
Original Contract Time plus inclement weather days allowed to date 120
Additional Time Requested this Change Order 0
!Total Revised Contract Time Including this Change Order 120
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of,and the lime required to perform the entire work under
the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver
constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon
adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommend by Appro d r -A •epted b
‘04e-/-4 ir 111
Schmburg&Polk,Inc Ci y of Nederland Brystar Contracting,inc.
Engineer
Owner r /✓/ Contractor
Date: . 7-7`17 Date: r �((3 "/ / Date: 3.
Minutes Continued, February 27, 2017
8. RECONVENE
The regular meeting was reconvened at 5:46 by Mayor Nugent. Mayor Nugent called
for a motion regarding the appeal of the billboard sign denial by Building Official
Wheeler. After requesting a motion 3 times, the item died for lack of a motion.
9. COMMUNICATION:
City Manager's Report:
a. Trash Bash - Saturday, March 4th
b. Miscellaneous - Steve Hamilton reported the final walk-through has been
done on the Service Center and the substantial completion has been received.
The ADA inspection will be done at the end of this week. Furniture is being
delivered and the Service Center is now secure.
Mr. Duque reported the draft report on the sewer line assessment should be
delivered next month. He stated a council work session may be scheduled to
go over the draft report which is expected to be extensive.
10. ADJOURN
There being no further business a motion was made by Councilmember Neal and
seconded by Councilmember Austin to adjourn the meeting at 5:51 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
R. A. Nugent, yor
City of Nederl d, Texas
ATTEST:
GFerguvn, City Clerk
U
Y
City of Nederland, Texas
Ili
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRES 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 V Craig Belaire Council Member—Ward IV
Chris Duque City Manager v
Gay Ferguson City Clerk V
Jesse Branick City Attorney
Cheryl Dowden Director
ry of Finance V
Darrell Bush Police Chief V
V
Gary Collins Fire Chief V Steve Hamilton Director of Public Works
George Wheeler Building Official y
V
Victoria Klehn Librarian
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary /
Angela Fanette Parks Director
tif/A t /i.12--------
R. '. us en ayor
1411)/L-
G y Fergus�►n Ci Cler
February 27, 2017
Date
RESOLUTION NO. 2017-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,AUTHORIZING THE SUBMITTAL OF A STATE
HOMELAND SECURITY PROGRAM GRANT APPLICATION AND
RECOMMENDING ADDITIONAL PLANNING FUNDS FROM THE
2017 LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES
GRANT TO THE CITY OF NEDERLAND, TEXAS FOR PLANNING
ACTIVITIES.
WHEREAS, the South East Texas Regional Planning Commission Emergency
Management Planning Advisory Committee (EMPAC) historically has determined this
project to be a high priority activity in the region; and
WHEREAS, the EMPAC sees the value in setting aside additional planning grant
funds to fund the City of Nederland, Texas staff activities that support local jurisdictions
in the region; and
WHEREAS, the EMPAC approved the additional planning grant funds for the City of
Nederland staff for the sole purpose of regional planning performed on behalf of local
jurisdictions;
WHEREAS,the Nederland City Council deems it necessary to apply for SHSP/LETPA
grant funds for the Nederland Police Department Emergency Interoperable
Communications Sustainability project.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:
Section 1. The Nederland Police Department is authorized to submit a State
Homeland Security Program grant application in the amount of
$24,678.30.
Section 2. These funds will be allocated for the Nederland Police Department
Emergency Interoperable Communications Sustainability project.
Section 3. The City of Nederland agrees to allocate necessary matching funds and
in the event of loss or misuse of grant funds, shall return all grant
funds to HSGD.
Section 4. The City Manager is authorized to apply for, accept, reject, alter or
terminate this grant.
PASSED AND APPROVED by the City Council of the City of Nederland this the 27th
day of February, 2017.
/ R. A. Nugent, Mayor
City of Nederland,Texas
ATTEST:
vtt_d_a, oxboilfr•---
Gay Ferg son, City Cle
APPROVED AS TO FORM AND LEGALITY:
Jesse .ranick, °Attorney
RESOLUTION NO.2017-05
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS AUTHORIZING
THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
WHEREAS,the City Council of the City of Nederland,Texas (the"Issuer"), deems it
advisable to issue Certificates of Obligation to fund construction of public works, to-wit: (1)
rehabilitation and improvement of streets and roads within the City, (2) drainage improvements
throughout the City;and(3)certain other costs related and incidental thereto,in accordance with
the Notice hereinafter set forth,now therefore,
* * * * * * *
BE IT ORDAINED BY THE NEDERLAND CITY COUNCIL:
Section 1. The facts and recitations contained in the preamble of this Resolution are hereby
found and declared to be true and correct.
Section 2. The City Clerk is hereby authorized and directed to cause to be published in the
manner required by law a notice of intention to issue Certificates of Obligation in substantially the
form attached hereto as"Exhibit A"and made a part hereof.
Section 3. The notice set forth in"Exhibit A"to this Resolution shall be published once a
week for two consecutive weeks in a newspaper of general circulation in the Issuer,the date of the
first publication to be before 30 days prior to the date set in said notice for the issuance of
Certificates of Obligation.
Section 4. The Mayor,City Clerk,City Manager,and other officers of the Issuer are hereby
authorized and directed to do any and all things necessary or desirable to carry out the provisions
of this Resolution.
Section 5. This Resolution shall take effect immediately upon its passage.
PASSED,APPROVED,AND ADOPTED this 27TH day of February,2017.
14
VV A.Nugent,Mayor
ftty of Nederland,Texas
ATTEST:
piou
gook.o-p•---
ay Fergu n,City Cle
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse B 'ck,C Attorney
City of I ede d,Texas
EXHIBIT A
NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
TAKE NOTICE that the City Council of the City of Nederland, Texas (the
"City"), shall convene at 4:30 p.m. on Monday, February 27, 2017 at its regular meeting
place in the Nederland City Hall, 207 North 12th Street, of said City and during such
meeting, such City Council will consider the passage of an ordinance authorizing the
issuance of certificates of obligation in an amount not to exceed $6,500,000 for the
purpose of paying contractual obligations to be incurred to fund construction of public
work, to-wit: (1) rehabilitation and improvement of streets and roads within the City, (2)
drainage improvements throughout the City; and (3) certain other costs related and
incidental thereto. The certificates of obligation will be payable from the levy of an annual
ad valorem tax, within the limits prescribed by law, upon all taxable property within the
City and from a pledge of certain available net revenues derived from the operation of the
City's water and sanitary sewer system. The certificates of obligation are issued,and this
notice is given, under and pursuant to the provisions of Texas Local Government Code,
Section 271.049,as amended.
R.A. "Dick" Nugent, Mayor
City of Nederland,Texas
Nederland Police Department Report to Nederland City Council
February 17,2016
The following information summarizes the activity of the Nederland Police Department as it relates to the requirements
of Articles 2.131 — 2.138 of the Texas Code of Criminal Procedure. The Nederland Police Department collects data
concerning traffic citations and arrests due to both traffic and pedestrian stops. This report fulfills the statutory
requirements of the Nederland Police Department to report contacts and racial/ethnic breakdowns to the Nederland City
Council by February 27,2017.
NUMBER OF MOTOR VEHICLE/PEDESTRIAN STOPS
Citations Only 1313
Arrest Only 2
Citations and Arrest 15
TOTAL 1330
RACE OR ETHNICITY
African American 159
Asian 35
Caucasian 967
Hispanic 149
Middle Eastern 13
Native American 7
TOTAL 1330
RACE OR ETHNICITY KNOWN PRIOR TO STOP
Yes 61
No 1269
TOTAL 1330
SEARCH CONDUCTED?
Yes 90
No 1240
TOTAL 1330
SEARCH CONSENTED:
Yes 31
No 59
TOTAL 90
The Nederland Police Department has adopted detailed written policy on racial profiling. Our policy: (1) clearly defines
acts constituting racial profiling; (2)strictly prohibits peace officers employed by the Nederland Police Department from
engaging in racial profiling; (3) implements a process by with an individual believes that a peace officer employed by the
Nederland Police Department has engaged in racial profiling with respect to the individual; (4) provides public education
relating to the agency's complaint process; (5)requires appropriate corrective action to be taken against a peace officer
employed by the Nederland Police Department who,after an investigation,is shown to have engaged in racial profiling in
violation of the Nederland Police Department's policy adopted under this article; (6) require collection of information
relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including
information relations to (A)the race or ethnicity of the individual detained; (B)whether a search was conducted, and if
so,whether the individual detailed consented to the search;and(C)whether the peace officer knew the race or ethnicity
of the individual detained before detaining that individual;and(7)require the chief administrator of the agency,regardless
of whether the administrator is elected,employed,or appointed,to submit and annual report of the information collected
under Subdivision(6)to:(A)the Commission on Law Enforcement Officer Standards and Education;and(B)the governing
body of each county of municipality served by the agency, if the agency is an agency of a county, municipality, or other
political subdivision of the state.
I certify these policies are in effect.
alAll 1 1...
Chief of Police
Nederland Police Department