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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