August 27, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEcoERLANC.
4:30 p.m_ August 27, 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. 1_2x" Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
""PURSUANT TO SECTION 30_07, PENAL COCIE (TRESPASS BY LICENSE HOLEPER
WITH AN OPENLY CARRIED HANDGUN), A PERSON LICEN5EC0 UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HAN0GIJN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HAN UGUN THAT IS CARRIED
OPENLY."
2. INVOCATION ANC) PLEC/GE 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 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 as-e as presented. MOTION
CARRIED_
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
a. Minutes — August 13, 2018 regular meeting
b. July 2018 departmental Reports
c. Tax Assessor Collection Report - July 2018
d. Consider action authorizing the submittal of a 201_8 grant application to the Wilton
and Effie Mae Hebert Foundation.
e. Requests:
Consider action regarding a request from Brian English to utilize the Nederland
Recreation Center gymnasium for a basketball league and tournament.
Consider action authorizing the closure of various city streets for the fourth
annual Kristin Raye Paris 1-Mile Run/Walk event.
4_ REGULAR AGENDA
a_ Lynell Smith, teacher at NISC>, presented a request to City Council for her students
to paint the following utility boxes: 27« and Helena Avenue across from CO Wilson
till
Minutes Continued, August 27, 2018
Middle School, Helena Avenue in front of Helena Park Elementary, Spurlock Road
near the U-Haul rental store, 27th and Nederland Avenue near the empty lot, 27th
and Avenue H in front of Hillcrest Elementary, Nederland Avenue and 21St Street
in front of the First Assembly of God church, and Boston Avenue and 14th Street.
This project is similar to the artwork project in the City of Beaumont; however, no
financial assistance has been requested from the City. The only concern the City
may have is with any damage that may be caused to the electronics inside the
utility box.
Bethany Burkhalter, art student, said she wants to put her artistic mark on the city
before leaving for college. She is interested in painting the Abbey Road Album
Cover on one of the utility boxes.
No action was required.
b. Rob Woods, Director of Public Works; and Rick Bourque, Schaumburg & Polk, Inc.,
provided an update on the Nederland Avenue Paving and Drainage project. They
said the base repairs on the first segment of the Nederland Avenue project have
been completed. Milling of the second segment of the roadway will begin
September 4th. The work will be done during the nighttime. The asphalt overlay
on the section of roadway from Twin City Highway to 23rd Street will begin
September 17th and be completed by Oct. 4th. The entire project is scheduled for
completion around Thanksgiving. An updated project work schedule will be given
out at the council meeting this Friday.
Note: Mayor Nugent was not feeling well and asked Mayor Pro Tern Albanese to take
over running the meeting.
c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve Change Order No. 2 of the 2018 Asphalt Street Rehabilitation
project which adds the hot mix overlay of 22nd Street to Helena Avenue at an
additional cost of $59,457.06. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Resolution No. 2018-11, renaming a portion of North 12th Street
to Veterans Lane. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
e. A motion was made by Councilmember Belaire and seconded by Mayor Nugent to
approve Resolution No. 2018-12, designating the MCML Central Dispatch Center
as the Billy Neal Dispatch Center. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
f. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve Resolution No. 2018-13, nominating Terry Schwertner as a
candidate for the Board of Directors of the Jefferson County Appraisal District.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, August 27, 2018
g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve Ordinance No. 2018-22, amending the fiscal year 2017-2018
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
h. A motion was made by Councilmember Austin and seconded by Mayor Nugent to
declare surplus the Nederland Fire Department's 1991 Pierce Pumper (Engine 13).
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
i. A motion was made by Councilmember Austin and seconded by Mayor Nugent to
approve the purpose of a pumper truck for the Nederland Fie Department via
HGAC, Buy Board or other state-approved contract. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
j. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve the Five-Year Capital Improvement Program 2018-2023.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
k. Fiscal Year 2018-2019 Budget:
i. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to set the Mayor's compensation at $333.33/month ($4,000.00/year) and
each member of the City Council's compensation at $300.00/month
($3,600.00/year). MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
ii. The regular meeting was recessed and Public Hearing was called to order at
5:16 p.m. by Mayor Pro Tern Albanese for the purpose of receiving comments
regarding the proposed City of Nederland Fiscal Year 2018-2019 Annual Budget.
Chris Duque, City Manager, said it is necessary to conduct a public hearing on the
proposed Fiscal Year 2018-2019 Annual Budget. As with any public hearing,
interested persons will be given the opportunity to comment on the budget. A copy
of the budget is available at the City Clerk's office and on the City's website. The
ordinance adopting the FY 2018-2019 Annual Budget shall be placed on the
September 10, 2018 at 4:30 p.m. agenda for consideration. No action was
necessary.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 5:17 p.m. by Mayor Pro
Tern Albanese.
iii. The regular meeting was recessed and a Public Hearing was called to order at
5:17 p. m. by Mayor Pro Tern Albanese for the purpose of receiving comments
regarding the proposed tax rate of $0.609578 per $100 assessed valuation for the
Fiscal Year 2018-2019.
Minutes Continued, August 27, 2018
Mr. Duque stated the public hearing is being held to discuss the proposed Fiscal
Year 2018-2019 tax rate. At the August 13, 2018 meeting, the Council
unanimously voted to maintain the current tax rate of 0.609578 per$100 assessed
valuation for the fiscal year beginning October 1, 2018 and ending September 30,
2019.
Mayor Nugent announced the City Council will vote on the tax rate on Monday,
September 10, 2018 at 4:30 p.m. at the Nederland City Hall Chamber located at
207 N. 12th Street.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 5:18 p.m. by Mayor Pro
Tem Albanese.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:18 p.m. by Mayor Pro Tem Albanese 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 5:39 p.m. by Mayor Pro Tem Albanese.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• Special Council Meeting will be held August 31st at 9:00 a.m.
• City Offices will be closed next Monday for Labor Day. Garbage will run 1
day behind normal schedule.
• The Pool officially closes next Monday at 6:00 p.m.
9. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Councilmember Austin to adjourn the meeting at 5:40 p.m. MOTION
+`111��������' CARRIED.
���'�0 �D a� es: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
�;.
N ' s: None.,.. .1„,' :5-7:;„`;-4- \.i•.‘rx--."--• N
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EF. z:_ ___,• _1i .w= R. A. Nugent, •yor
v-: `•�' 7 'ct` City of Nederew d, Texas
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G-y Fergus' ,''it -
lerk I
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
R.A. Nugent Mayor \ /
Talmadge Austin Council Member-Ward I v
Billy Neal Council Member-Ward II V
Don Albanese Council Member-Ward III V
Council Member-Ward IV
Craig Belaire V Chris Duque City Manager
Gay Ferguson City Clerk "
Jesse Branick City Attorney
Cheryl I Dowden Director of Finance
Gary Porter Police Chief
Terry Morton Acting Fire Chief
Robert Woods Director of Public Works v
George Wheeler Building Official V
Victoria Klehn Librarian V Holly Guidry Human Resources Director
Joni Underwood Executive Secretary V
Angela Fanette Parks Director
gar100/R.A. Nugent, or
laa. /1 i1/( ..�i PAt
c ay Ferguso , City Clerk
August 27, 2018
Date
ALLISON NATHAN GETZ ''ii 1,` ' I TERRY WUENSCHEL
TAX ASSESSOR COLLECTOR \ ; , �� CHIEF DEPUTY
*TEXA�*/
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 $75,010.04, represents all taxes collected for CITY OF NEDERLAND
during the month of July 2018.
aZaiik-YAJA
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
CITY OF NEDERLAND
RESOLUTION NO.2018-13
STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City Council of the City of Nederland, Texas at its regularly
scheduled meeting of August 27,2018, in accordance with the Property Tax Code of the
State of Texas, hereby nominates Terry Schwertner as a candidate for the Board of
Directors of the Appraisal District established for Jefferson County for a two-year period
term to expire December 31, 2019.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS:
THAT the City Manager is hereby directed to present this nomination to the Chief
Appraiser of the Jefferson County Appraisal District on or before October 15, 2018, in
accordance with said Statute.
PASSED AND APPROVED AND ADOPTED this 27th day of August , 2018.
R.A. Nuge Mayor
City of Ned- land,Texas
ri• Ibanese, Mayor Pro Tern Talmadge Austin,
Council Member Ward I
1��, I;' ,uncil Member ClVard II Craig Belaire, Council Member Ward IV
/0/:;73I7'...qP%
atiFergd ' n, City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jes-.e Bra city Attorney
Ci of N .erland,Texas
RESOLUTION NO.2018-12
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS,
DESIGNATING THE MCML CENTRAL
DISPATCH CENTER LOCATED AT 1400
BOSTON AVENUE AS THE "BILLY NEAL
DISPATCH CENTER"
WHEREAS, Billy Neal's life is one of dedicated and self-less service to his
community. For over 43 years, he served in the Nederland Police Department including
41 years as Chief of Police,and for the past 16 years, he has served as a Nederland City
Councilmember; and
WHEREAS,in 1971 during his tenure as Chief of Police,the Mid County Municipal
League Central Dispatch center was established, providing dispatch services to the
communities of Nederland, Port Neches, Groves, Pear Ridge, and Griffin Park. Central
Dispatch operates under the supervision of the Chief of Police; and
WHEREAS, in 1977 during his tenure as Chief of Police,a new police station was
constructed. In 2014 during his tenure as City Councilmember,the police and fire station
and the former city hall were renovated and named the "Homer E. Nagel Public Safety
Complex,"which included the Central Dispatch center; and
WHEREAS,the Central Dispatch center has completed a recent remodeling.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS:
Section I. Councilman Billy Neal is an exemplary public servant with the highest
level of integrity, who worked tirelessly to serve the citizens of
Nederland and is dedicated to the men and women of the Nederland
Police Department.
Section II. In 2018,Councilman Billy Neal reached his 60th year of service to the
City of Nederland.
Section III. The Central Dispatch center located at the Homer E. Nagel Public
Safety Complex shall forever be known as the "Billy Neal Dispatch
Center".
PASSED AND APPROVED by the City Council of the City of Nederland,
Texas,this the 2D"day of August 2018.
_ .A. Nugent,Mayor
City of Nederland,Texas
- �G
1111111
Gay Fergus , City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jess- Brani ity Attorney
City of N.•errand,Texas
RESOLUTION NO. 2018-11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS, IN SUPPORT OF
RE-NAMING NORTH 12TH STREET AT THE
ATLANTA AVENUE INTERSECTION AS
"VETERANS LANE"
WHEREAS, in November 2015, construction of Nederland
Veterans Park was completed; the Park is by the North 12th
Street/Atlanta Avenue intersection; and
WHEREAS, the Nederland City Council desires to continue
displaying its commitment to honoring veterans;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS:
THAT North 12th Street at the Atlanta Avenue intersection be
renamed "Veterans Lane"
PASSED AND APPROVED by the City Council of the City of
Nederland, Texas, this the 27th day of August, 2018.
N ' •
_ �\ . ..-'i^:,::
:,�_ City of N=�er'land,Texas ayor
1//1111111144
3:6/11)(1"---
ay Fergu 4on, City CTe
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Jes - Br- i , City Attorney
Ci of ederland,Texas
,r.
ORDINANCE NO.2018-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2017-
2018 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2017-19,which adopted
the Fiscal Year 2017-2018 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 2017-2018 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2018 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2017 and ending September 30,2018,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 2017-2018 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.
?A SED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
RF$% JIG THIS THE 27th DAY OF AUGUST,2018.
A�. R.A.Nugen ayor
'� City of Nederland,Texas
ilit
A1. Iri�
ay Ferg $.n,City Clerk S
APPROVED AS TO FORM AND LEGALITY:
c- -- C -
Je .e Brani ity Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2017-2018
DATE: August 27, 2018
DEPARTMENT: Various
FUND: General (01), Fire Dept Special (24)
Equip. Rep-General (34)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-9000-6908 Transfer to Equipment Replacement 175,000 500,000 675,000
24-9000-6908 Transfer to Equipment Replacement - 100,000 100,000
34-0000-4910 Transfer In 180,650 600,000 780,650
34-0000-6742 Motor Vehicles 105,000 729,257 834,257
TOTAL 460,650 1,929,257 2,389,907
JUSTIFICATION
In the General Fund, $500,000 is transferred out to the Equipment Replacement Fund-General to fund the
purchase a new pumper for the NFD. In the Fire Dept Special Fund, the previously donated$100,000 is
transferred out to the Equip Rep Fund-General for the new pumper purchase. In the EquipRep Fund-General, the
transfers-in from the General and Fire Special Funds are reflected. The remaining balance for the purchase is
from unspent FY 17-18 funds and reserve funds.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
ORDINANCE NO. 2018-23
AN ORDINANCE OF THE CITY OF NEDERLAND,
TEXAS, SETTING THE MONTHLY STIPEND FOR
THE MAYOR AND MONTHLY COMPENSATION
FOR THE MAYOR AND MEMBERS OF THE CITY
COUNCIL; FINDING AND DETERMINING THAT
THE MEETINGS AT WHICH THIS ORDINANCE IS
PASSED ARE OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND THE REPEAL OF ALL
OTHER INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; AND
PROVIDING OTHER MATTERS RELATED TO THE
SUBJECT
WHEREAS,the City Council of the City of Nederland,Texas,now desires to increase
the compensation for the Mayor and City Council members;and
WHEREAS,the City of Nederland Home Rule Charter provides, in SECTION 3.04-
COMPENSATION, that"compensation of the Mayor and each of the Councilmembers for
allowances and expenses incurred in connection with the discharge of their duties while
within Jefferson County shall be set by ordinance but may not be increased during the
current term of the Mayor and Councilmember enacting such ordinance"and
WHEREAS, Local Government Code, Vemon's Texas Codes Annotated, Section
141.004.,entitled"Officers in Home Rule Municipalities",states:
"The governing body of a Home Rule municipality may set the amount of
compensation for each officer of the municipality."
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS THAT:
SECTION 1. Compensation.
(1) The monthly stipend for the Mayor shall be$333.33 per month.
(2) The monthly stipend for members of the City Council shall be$300 per month.
(3) The Mayor and members of the City Council shall also be reimbursed for
actual expenses incurred while on official City business.
(4) Compensation shall be reviewed annually for budget adjustments.
SECTION 2. Severability.
In the event any section,paragraph,subdivision,clause,phrase,provision,sentence,
or part of this Ordinance or the application of the same to any person or circumstance shall
for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of
provision hereof other than the part declared to be invalid or unconstitutional; and the City
Council of the City of Nederland,Texas,declares that it would have passed each and every
part of the same notwithstanding the omission of any such part thus declared to be invalid
or unconstitutional,or whether there be one or more parts.
SECTION 3. Open Meetings
It is hereby found and determined that the meeting at which this ordinance was
passed were open to the public,as required by Chapter 551 of the Texas Government Code,
and that advance public notice of time, place,and purpose of said meeting was given.
SECTION 4. Repeal
All ordinances in force when this ordinance becomes effective and which ordinances
are inconsistent or in conflict with this ordinance are hereby repealed, insofar as said
ordinances are inconsistent or in conflict with this ordinance.
PASSED AND APPROVED by the City Council of the City of Nederland,Texas on
this the 27th day of August,2018.
SQL, ,y ,
lqa
__o: i P\ R.A. NugeMayor
�'• ; O` City of Ne rland,Texas
ATTE3COUN '�\S
Tolin "ay Fergus n, City C er!
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Je -e Brat r!City Attorney
C. of N=•erland, Texas