April 23, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. April 23, 2018
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:
"Pl 1551LJANT 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), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY."
2. INVOCATION AMC* PLEDGE OF ALLEGIANCE
The invocation and 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 Councilmember Austin and seconded 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 — April 9, 2018 regular meeting
ID. March 2018 C>epartmental Reports
c. Tax Assessor Collection Report - March 2018
4. REGULAR AGENDA
a_ A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to approve the quarterly Hotel Occupancy Tax Fund financial report from
the Nederland Chamber of Commerce. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, April 23, 2018
b. Chris Duque, City Manager said the joint public hearing was being held to receive
comments regarding amending Appendix A - Zoning of the Nederland Code of
Ordinances, amending the minimum lot size for duplex and townhome use,
townhome requirements, and various other sections. State law requires a 15-day
period from the first advertisement of the public hearing so he recommended
postponing the public hearing until Monday, May 7th at 4:30 p.m.
A motion was made by Councilmember Austin and seconded by Councilmember
Neal to postpone action, until May 21St, regarding a joint public hearing for the
purposes of receiving comments regarding amending Appendix A - Zoning of the
Nederland Code of Ordinances, amending the minimum lot size for duplex and
townhome use, townhome requirements, and other various sections. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
c. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern
Albanese to postpone action, until May 21St, regarding the re-plat request of 1604
Elgin Avenue, which includes 603 16th Street, both being located on Lot 8, Block 7,
Koelemay Addition. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to postpone indefinitely a request to approve and accept the water line
and easement at 4900 Bourque Road. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
e. Rob Woods, Public Works Director gave an update on Nederland Avenue Paving
and Utility Improvements project. The Notice to Proceed will be given to the
contractor on April 30th and work will begin. The completion time is 180 days with
days added for rain. Mobilization will begin the first 2 weeks in May and the milling
work is scheduled for May 14th which will be performed at night. Forms will be
given to businesses along Nederland Avenue requesting their contract information
to keep them updated on the construction. No action was necessary.
f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to authorize the solicitation of bids for the 2018 Hot Mix Overlay project.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Albanese to approve payment to Republic Services for Hurricane Harvey debris
disposal services (landfill). MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
h. Chris Duque, City Manager, reported the City completed the third and final pass on
debris removal following Hurricane Harvey on November 10, 2017. In mid-
December, recognizing some Harvey-affected property owners were still continuing
to demolish their wall, flooring, etc. and re-construction and repairs were on-going,
amw
Minutes Continued, April 23, 2018
the City decided to continue collecting debris from impacted homes. There has
been additional cost to customers. The costs to the City are mainly the landfill
costs and the wear and tear on city vehicles. There has not been overtime paid
for this service. In recent weeks, the amount of reconstruction debris being placed
on the curb has declined. Mr. Duque recommended the City cease this service at
the end of April and further requests be made on a case-by-case basis.
A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to suspend Hurricane Harvey debris and reconstruction debris collection
and disposal services as of April 30, 2018 and any additional collection will be
considered on a case-by-case basis. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
i. Chris Duque, City Manager, stated at the December 11, 2017 meeting, City Council
unanimously voted to approve issuing a building permit for exterior repairs on
property located at 2423 Nederland Avenue, requiring the exterior of the building
to be brought into compliance with city codes and regulations no later than March
31, 2018 and for progress reports to be made to the Building Official every other
Friday beginning in January 2018. No progress reports were filed and no work was
done to the property as of the March 31, 2018, deadline so the structure was
scheduled to be disassembled and the lot cleared on Monday, April 2, 2018. The
property owner's attorney filed a Temporary Restraining Order on March 29, 2018.
The City Attorney requests to discuss this matter in Executive Session prior to any
action being taken tonight.
j. Chris Duque, City Manager, advised representatives from Wathen, DeShong &
Juncker, LLP are present to review the Comprehensive Annual Financial Report
(audit) for the fiscal year ending September 30, 2017.
A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to approve the FY 2016-2017 audit. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:26 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
- Deliberations of the Appointment, Employment, and Duties of a Public Officer or
Employee - Chief of Police
6. RECONVENE
The regular meeting was reconvened at 6:51 p.m. by Mayor Nugent.
i. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem
Albanese to postpone action, until May 21, 2018, regarding the rehabilitation or
condemnation and demolition of the abandoned and dilapidated structure at the
Minutes Continued, April 23, 2018
following address: 2423 Nederland Avenue being Lots 10-12, Block 2, Hillcrest
1st. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• Relay for Life - April 28, 2018 from noon to midnight
• National Day of Prayer - May 3, 2018
6. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Mayor Pro Tem Albanese to adjourn the meeting at 6:54 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
R.A. Nugent Mayor V
Talmadge Austin Council Member—Ward I ` /
Billy Neal Council Member—Ward II V
Don Albanese Council Member—Ward III V
Craig Belaire Council Member—Ward IV
Chris Duque City Manager V
Gay Ferguson City Clerk
Jesse Branick City Attorney v
Cheryl Dowden Director of Finance V
Darrell Bush
Police Chief V
Gary Collins Fire Chief v
Robert Woods Director of Public Works
George Wheeler Building Official V
Victoria Klehn Librarian v
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary V
Angela Fanette Parks Director
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R.A. Nugent,' ir
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April 23, 2018
Date
4�$ONCOG
ALLISON NATHAN GETZ TERRY WUENSCHEL
TAXASSESSOR-COLLECTORj °'; %\
CHIEF DEPUTY
E X NS,
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 $147,294.11, represents all taxes collected for CITY OF NEDERLAND
during the month of March 2018.
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