July 11, 2016REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p_m. July 11, 2016
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 TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE CHANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY_"
2_ INVOCATION AND PLEDGE OF ALLEGIANCE_
The invocation and pledge of allegiance were led by Chris Cluque, 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 ncilmem ber so requests, in which event the item
will Be removed from the Consent Agenda and considered separately_
A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese
to approve the Consent Agenda Items a -b as presented. MOTION CARRIED_
Ayes: Mayor Nugent, Councilmembers Neal, and Albanese_
Noes: None.
Absent: Councilrnm rnbers Austin, and Belaire_
a. Minutes — June 27, 2016 regular meeting
ID. Payments:
• Bruce's General Construction. - $22,860.00, Nederland Service Center
project
4. REGULAR AGENDA
a. ' motion was made by Mayor Pro Tem Albanese and seconded by Cou ncilmem ber
Neal to approve Resolution No. 2016-08, ratifying the action of the Nederland
Economic development Corporation related to the incentive offered to Ashley
Furniture Home Store. MOTION CARRIED_
Ayes: Mayor Nugent, Cou ncilmembers Neal, and Albanese_
Noes: None_
Absa-t: Cou ncilmem tiers Austin, and Belaire_
Minutes Continued, July 11, 2016
b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Albanese to approve Resolution No. 2016-09, authorizing the submittal of a State
Homeland Security Program grant application and recommending additional
planning funds from the 2015 L.E.T.P.A. grant. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, and Albanese.
Noes: None.
Absent: Councilmembers Austin, and Belaire.
c. Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2016 Drinking
Water Quality Report (Consumer Confidence Report). In accordance with EPA
regulations all water suppliers are required to issue the CCR to all its customers on
an annual basis. He said this is a standard report and no violations were found.
S. COMMUNICATION
City Manager's Report:
a. Construction Project Report - Steve Hamilton gave a reporting for on-going
construction projects:
• 2016 Hot Mix Asphalt Overlay - Subcontractor is installing root barrier on
17th Street and the milling machine has been delivered to 17th street. With
project bids coming in under budget, staff will be recommending the
addition of Atlanta between 17th and 21St and surfacing the parking lot at
the Bob Henson Building.
• Nederland Service Center - select fill has been completed and the
foundation piers are being installed.
• Bob Henson Building - BASCO is developing the punch list and city
employees are beginning work on the parking lot improvements.
b. Miscellaneous:
• The Chamber Coffee will be tomorrow morning at 8:00 a.m. at Neches
Credit Union
• Mr. Duque congratulated and thanked staff for the successful 4th of July
Fireworks Extravaganza. He said everyone did a great job and it was a
good team effort.
• Mr. Duque reported he will be on vacation from Wednesday through
Monday.
6. ADJOURN
There being no further business a motion was made by Mayor Pro Tem Albanese and
seconded by Councilmember Neal to adjourn the meeting at 5:45 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Neal, and Albanese.
Noes: None.
Absent: Councilmembers Austin, and Belaire.
R. A. Nugent, ayor
City of Nederl nd, Texas
Minutes Continued, July 11, 2016
ATTEST:
Gay FergL%on, City C rk
City of Nederland, Texas
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
Don Albanese Council Member —Ward III
Craig Belaire Council Member—Ward IV
Chris Duque City Manager
Gay Ferguson City Clerk V
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance V
Darrell Bush Police Chief V
Gary Collins Fire Chief
Steve Hamilton Director of Public Works V
George Wheeler Building Official V
Victoria Klehn Librarian V
Holly Guidry Human Resources Director Y
Joni Underwood Executive Secretary
Angela Fanette Parks Director
July 11, 2016
Date
RESOLUTION 2416-08
A RESOLUTION OF THE CITY OF NEDERLAND
RATIFYING THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS, the present and prospective right to gainful employment and general welfare
of the people of Nederland require as a public purpose the promotion and development of new and
expanded business enterprises; and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments, welfare,
and prosperity of its citizens; and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic
development are in the public interest and serve a public purpose in promoting the welfare of the
citizens of the City economically by the securing and retaining of business enterprises and the
resulting maintenance of a higher level of employment, economic activity, and stability; and
WHEREAS, the citizens of the City of Nederland provided for the creation of the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described; and
WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law, its charter, bylaws and by board approval, to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the action of the Board of Directors of the Nederland Economic Development
Corporation ("Board") relating to project costs associated with Ashley Furniture Home Store, in
an aggregate maximum amount of not more than Seventy -Five Thousand dollars ($75,000.00), in
accordance with the terms and conditions as prescribed by the Board, is hereby ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS this 27th day of June , 2016 at which meeting a
quorum was present and voting.
A"4WX--
R. A. Nugen6Mayor
City of Nederland, Texas
ATTEST:
Gay Fergukbn, City Cler
City of Nederland, Texas
APPROVED TO FORM AND LEGALITY:
Jes Bram ity Attorney
Ci of derland, Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND, TEXAS this I6day of 2016 at
which meeting a quorum was present and voting.
R. Alof
ugent, yor
CityNederl d, Texas
ATTEST:
y er son, City C rk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse ranick, Attorney
City f Neder d, Texas
RESOLUTION NO. 2016-09
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
2016 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
$16,984.
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 11th
day of July, 2016.
dw�
R. A. Nugent, Mayor
City of Nederland, Texas
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
Je4Bra ity Attorney