June 26, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEC,ERLANC,
4:30 P.m. 70rDe 26, 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:
"PURSUANT TO SECTION 30.07, PENAL CODE CTRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIE0 HANC,GIJ43, A PERSON LICENSEC, UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT COC,E (HANCOGUN LICENSING
LAWS, MAY NOT ENTER THIS PROPERTY WITH A MANC,GUN THAT IS CARRIED
OPENLY."
2_ INVOCATION ANC, PLEDGE OF ALLEGIANCE
The invocation and the 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 Mayor Pro Tem Albanese and seconded by Councilmember
Austin to approve the Consent Agenda Items a-e as presented. MOTION CARRIEC,.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire_
Noes: None.
a. Minutes — June 12, 2017 regular meeting
b. May 2017 Oepartmental Reports
c. Tax Assessor Collection Report - May 2017
d. Requests:
Consider a request from Crossroads Fellowship Baptist Church to utilize
Ooornbos Park for the backyard Bible Camp.
▪ Consider a request from Tommy Olesky to utilize Ooornbos Park and the
Nederland Recreation Center for a cross country meet and the waiver of
associated fees.
e. Payments:
• Schaumburg 8c Polk, Inc. - $4,415.00, 2017 Hot Mix Overlay project
▪ Action Civil Engineers, PLLC - $17,500.00, Nederland Avenue - Orainage Study
▪ Miller Electric - $36,180.00, Homer E. Nagel Public Safety Complex lighting
repairs/upgrades
Minutes Continued, Rune 26, 2017
4. REGULAR AGENDA
a. Chris Duque, City Manager, advised he received a request by Billy Wayne Doornbos
to reduce or waive the lien and/or mowing costs on property described as Lot 4,
Airport Plaza 1.13 AC. In accordance with the city ordinance governing weedy lots,
Mr. Doornbos was sent notification of the lot being out of compliance. Since the
property was owned by the Doornbos family, Mr. Duque attempted to send a
courtesy reminder to Mr. Doornbos but was emailed incorrectly. Mr. Duque said
the courtesy email was not required by ordinance and is normally not done for any
other property owner. After a couple of weeks, the Code Enforcement Officer had
the property mowed. The lien amount placed on the property was a total of
$543.94 ($491.94 for mowing and $52.00 for administrative costs). Mr. Doornbos
inquired what could be done to take care of this lien other than paying the total
lien amount. Research showed past practice/policy for lien waiving was waiver of
portion of the lien, usually the penalty and interest portion, not the actual cost of
mowing. Mr. Duque added courtesy calls had previously been made in the past to
the Doornbos' offices to resolve the same issue before the property was mowed by
the city's contracted mower, and he felt the City has extended a courtesy to the
property owner much greater than any other property owner in Nederland.
Billy Wayne Doornbos, 1148 Helena Avenue, thanked council for keeping prayer to
open city council meetings, thanked all councilmembers for serving the community,
and was happy to see Doornbos Park being utilized.
Mr. Doornbos acknowledged a letter was sent to his office in August of 2016,
however, he could not find the letter or find receipt that it was received by his
office. He said in the past his office would receive a call from the city saying the
lot needed to be mowed and they would take care of it within 2 days of the call at
a cost of$90 for the acre-lot. Mr. Doornbos feels the cost of$491.94 is excessive.
He contacted the City Manager for some relief to the high cost of the mowing of
his property and was disturbed to find out a lien had been placed on the property
while he and the city manager were working on a solution. He said after a couple
of weeks after he contacted the city manager, he received an email saying this
would be on the city council agenda for tonight.
The City Manager clarified that all standing policies and ordinances were followed
and that in the past Mr. Doornbos was handled differently because of his family
name since this is not the first time the property has been in violation. The City
Manager did not recommend adjusting the lien amount since the City was out that
cost at no fault of the City. The City Manager agreed to review the lien filing
process with staff and consider getting new quotes for the mowing due to Council's
concerns. After lengthy discussion among the Mayor and councilmembers, the
consensus was to review the ordinance regarding high grass and consider re-
bidding the contract for mowing services especially for dealing with larger lots.
A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to approve a request from Billy Wayne Doornbos to waive the administration
cost ($52.00) of a lien placed on property described as Lot 4, Airport Plaza 1.13
AC. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, June 26, 2017
b. Mark Mann with Schaumburg & Polk, Inc. reported they are making good progress
with the surveying on Nederland Avenue. They are surveying curb, gutter, street
payments, inlets, etc. and it is estimated the street work will begin early March.
Will Larrain with Acton Civil Engineers reported most of the field work, being
performed by Soutex Surveyors, is nearing completion. The line work and profile
are begin generated in his office. He advised the field work, corresponding line
work, and base drawing above and below ground is estimated to be completed by
the end of the month. The general specifications for storm water are underway
and Mr. Larrain anticipates the solicitation of bids by August.
Rob Woods, Director of Public Works, added the property owners will know the
schedule of construction before the work begins.
No action was necessary.
c. Chris Duque, City Manager, reported the City engaged Schaumburg & Polk, Inc. to
complete a Wastewater Line Evaluation and TV inspection of approximately 29,400
linear feet of concrete sewer lines and flow monitoring with a pipe diameter of 15"
or greater in November 2016. On April 26, 2017, Schaumburg & Polk, Inc.
presented their report with no action taken. Schaumburg & Polk estimated the
combined cost of all segments identified in their report was approximately
$10.25M. The City's financial advisor, US Capital Advisors, calculated the project
bonds using 20-year scenario and 30-year scenario. Either scenario will result in
a noticeable increase in the utility rates. Schaumburg & Polk do not anticipate a
long time necessary to draft bid specifications; however, they did note there may
be significant delays securing KCS and TxDOT's approval of crossing Avenue H near
the railroad tracks and Twin City Highway. Mr. Duque recommended issuing
certificates of obligation for a period of 30 years and wait until the first of the
calendar year. No action was necessary.
d. Appointments:
i. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Austin to re-appoint Emmitt Hollier to the Zoning Board of Appeals
& Board of Appeals for a four-year term ending June 30, 2021. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
ii. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Austin to re-appoint Steve Gentile, Ron Minaldi, Boyd Meier, and
Danny Delahoussaye to the Construction Appeals Board for two-year terms ending
June 30, 2019. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
iii. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Austin to re-appoint Gene Shaw to the Firefighters' Civil Service
Commission for a three year-term ending June 30, 2020. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, June 26, 2017
e. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve Resolution No. 2017-19, approving the Jefferson County Hazard
Mitigation Plan update. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve Resolution No. 2017-10, authorizing the city manager and
finance director as account signers for the City's Texpool Investment Account.
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. 2017-12, amending the fiscal year 2016-2017
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
h. Chris Duque, City Manager, stated the City Council instructed Mr. Waleed Kahn to
attend today's meeting to provide an update on his plans to resolve the issues
identified at the last city council meeting on property located at 2423 Nederland
Avenue. The five-year history including memorandums, minutes, letters, etc. were
included in the city council agenda package. Mr. Duque recommended discussing
this in executive session prior to taking any action.
Mr. Waleed Kahn was in attendance and reported some of the trash and the trailer
had been removed from the property and the grass had been cut. He said he also
was continuing to work with his attorney regarding his father's will. He requested
funding be borrowed from the city to complete the construction work and he would
pay the city back.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:50 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 and Chapter 551.074, Discuss Personnel
Appointments: City Clerk, Director of Finance, Police Chief, City Attorney, and City
Judge(s).
6. RECONVENE
The regular meeting was reconvened at 6:31 by Mayor Nugent.
No action was taken regarding property located at 2423 Nederland Avenue; however,
Mayor Nugent encouraged Mr. Kahn to work with his attorney in order to probate his
father's will so the construction work can move forward. He also requested the
remaining trash be removed and the weeds around the trash be cut. Mayor Nugent
advised Mr. Kahn the city did not make loans to property owners and recommended
he talk to the Nederland Economic Development Corporation to see if they had any
Minutes Continued, June 26, 2017
programs which may fit his needs. Mayor Nugent asked Mr. Kahn to return to the first
council meeting in July to give an update.
A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to authorize the following appointments: Gay Ferguson, City Clerk; Cheryl
Dowden, Director of Finance, Darrell Bush, Police Chief. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to reappoint Larry Dowden for a 2-year term as City Judge and increase the
salary for City Judge from $1,700.00 to $1,900.00 monthly effective July 1, 2017.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal
to reappoint Jesse Branick as City Attorney and increase the salary for City Attorney
from $4,225.00 to $4,310.00 monthly effective July 1, 2017. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
7. COMMUNICATION:
City Manager's Report:
a. July 4th - City offices will be closed in observance of Independence Day.
b. July 4th - Fireworks Extravaganza at Doornbos Park
c. Miscellaneous - Work on Holmes Road has been postponed until the week
after 4th of July due to rain.
8. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Austin to adjourn the meeting at 6:37 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
' ' i L i___/ ,
R. A. Nugen , M•r•r
City of Nederlan•, Texas
ATTEST:
742/17
ay Fergu,.s n, Ci y Clerk
City of Nes erland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
R.A. Nugent Mayor
Talmadge Austin Council Member-Ward I 1
Billy Neal Council Member-Ward II v
Don Albanese Council Member-Ward III V
Craig Belaire Council Member-Ward IV V
Chris Duque City Manager V
Gay Ferguson City Clerk V
Jesse Branick City Attorney
Cheryl Dowden Director of Finance
—Darretl-Bus101 ail �"` , Police Chief
P
Gary Collins Fire Chief
Robert Woods Director of Public Works V
George Wheeler Building Official v
Victoria Klehn Librarian
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary
Angela Fanette Parks Director V
AaA..., .;,
R. •. Nugent, Mayo
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ay Fergu j. , Ci' e$ lf
June 26, 2017
Date
4SONOG
/ ; Ay
ALLISON NATHAN GETZ `` " 1_ '„ , TERRY WUENSCHEL
TAX ASSESSOR COLLECTOR " * CHIEF DEPUTY
_/
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STATE OF TEXAS
COUNTY OF JEFFERSON
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 $86,831.07, represents all taxes collected for CITY OF NEDERLAND
during the month of May 2017.
n
:,16Q443,4614- 6
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
RESOLUTION NO.2017-09
APPROVAL OF HAZARD MITIGATION PLAN UPDATE
WHEREAS,natural hazards in the City of Nederland area historically have caused
significant disasters with losses of life and property and natural resources damage;and
WHEREAS,the Federal Disaster Mitigation Act of 2000 and Federal Emergency
Management Agency(FEMA)require communities to adopt a hazard mitigation action plan to
be eligible for the full range of pre-disaster and post-disaster federal funding for mitigation
purposes;and
WHEREAS, FEMA requires that communities update hazard mitigation action plans
every five years in order to be eligible for the full range of pre-disaster and post-disaster federal
funding for mitigation purposes;and
WHEREAS,the City of Nederland has assessed the community's potential risks and
hazards and is committed to planning for a sustainable community and reducing the long-term
consequences of natural and man-caused hazards;and
WHEREAS,the Jefferson County Hazard Mitigation Plan Update outlines a mitigation
vision,goals and objectives;assesses risk from a range of hazards;and identifies risk reduction
strategies and actions for hazards that threaten the community.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS,THAT:
1. The Jefferson County Hazard Mitigation Plan Update is approved in its entirety;
2. The City of Nederland will pursue available funding opportunities for implementation of
the proposals designated therein,and will,upon receipt of such funding or other
necessary resources,seek to implement the actions contained in the mitigation strategies;
3. The City of Nederland vests with the Mayor the responsibility,authority,and means to
inform all parties of this action;assure that the Hazard Mitigation Plan Update will be
reviewed at least annually;and that any needed adjustments will be presented to the City
Council for consideration;and
4. The City of Nederland agrees to take such other action as may be reasonably necessary to
carry out the objectives of the Plan and report on progress as required by FEMA and the
Texas Division of Emergency Management(TDEM).
PASSED AND APPROVED by the Nederland City Council this the 26th day of June,
°�NEMER '''' /
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•- R_,
;OW � .� � R.A.Nugent,Mayor
V.):..0 0 (� �,:c5),...7; / City of Nederland,Texas
oG
ilLT-alf"--
Gay Fergus n,City Clerk
APPROVED AS TO FORM AND LEGALITY:
AK di c...—
Jessdip
,iP Attorney
RESOLUTION NO. 2017-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS, AUTHORIZING ACCOUNT
SIGNERS FOR THE CITY OF NEDERLAND'S
TEXPOOL INVESTMENT ACCOUNT
WHEREAS,the City of Nederland is a local government of the State of Texas and is empowered to
delegate to a public funds investment pool the authority to invest funds and to act as custodian of
investments purchased with local investment funds;and
WHEREAS,it is in the best interest of the City of Nederland to invest local funds in investments
that provide for the preservation and safety of principal, liquidity,and yield consistent with the Public
Funds Investment Act;and
WHEREAS, the Texas Local Government Investment Pool ("Texpool/Texpool Prime"), a public
funds investment pool,were created on behalf of entities whose investment objective in order of priority
are preservation and safety of principal,liquidity,and yield consistent with the Public Funds Investment
Act.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,
THAT:
Section 1. The City's investment officers (city manager and finance director) are authorized
representatives of the participant and are each hereby authorized to transmit funds for
investment in Texpool/Texpool Prime and are each further authorized to withdraw funds from
time to time,to issue letters of instruction, and to take all other actions deemed necessary or
appropriate for the investment of local funds.
Section 2. An authorized representative of the City may be deleted by a written instrument signed
by two remaining authorized representatives provided that the deleted authorized representative
(1)is assigned job duties that no longer require access to the participant's Texpool/Texpool Prime
account or(2)is no longer employed by the City.
Section 3. The City may by amending the resolution add an authorized representative provided
the additional authorized representative is an officer,employee,or agent of the City.
Section 4. The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Open Meetings Act,Texas Government Code,Chapter 551.
Section 5. This resolution shall become effective from and after its passage.
PASSED AND APPROVED by the Nederland City Council this the 26TM day of June,2017.
4E.ERL4
c�;�c.�`��`j�:�� R. A. Nugent, Mayor
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� City of Nederland, Texas
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lit , i // moi, 141
Gay Fergu!•n, City Cler
APPROVED AS TO FORM AND LEGALITY:
Je .ni d'City Attorney
d
ORDINANCE NO.2017-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2016-
2017 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2016-20,which adopted
the Fiscal Year 2016-2017 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 2016-2017 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2017 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2016 and ending September 30,2017,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 2016-2017 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 JUNE,2017.
Ot Z.:1
wl, 4 •h R. .Nugent, .yor
't� City of Neder . d,Texas
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ay Ferg on,City Cle
APPROVED AS TO FORM AND LEGALITY:
4626C
Ara
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Je e Brani'.rCity Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2016-2017
DATE: June 26,2017
DEPARTMENT: Various
FUND: General (01)and Nederland Ave(30)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-9000-6930 Transfer to Nederland Avenue Fund -
1,000,000 1,000,000
30-0000-4610 Interest Income - 1,000 1,000
30-0000-4901 Transfers In - 1,000,000 1,000,000
30-0000-4800 Other Financing-Bond Proceeds - 4,975,000 4,975,000
30-0000-4802 Other Financing Source-Prem - 624,206 624,206
30-0000-6800 Bond Issuance Costs - 79,555 79,555
30-0000-6805 Other Financing Uses-OID - 14,008 14,008
30-1000-6310 Engineering Fees - 538,000 538,000
30-1000-6337 Advertising/Publication - 2,000 2,000
30-1000-6393 Contractual Services 25,000 25,000
30-1000-6730 Street Improvements - 4,749,643 4,749,643
30-2000-6310 Engineering Fees - 115,000 115,000
30-2000-6310 Advertising/Publication - 2,000 2,000
30-2000-6737 Drainage Improvements - 1,075,000 1,075,000
TOTAL - 14,200,412 14,200,412
JUSTIFICATION
Funds are allocated for the Nederland Avenue project-road re-surfacing and drainage. Certificates of obligation
is recognized and the General Fund fund balance is drawn down by$1M and transferred to the Nederland Avenue Fund.
Dept.Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
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