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October 10, 2016 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDE RLAND 4:30 p.m_ October 10, 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. 1201 Street, Nederland, Texas. See attached for quorum. The following statement was posted: "P.IJRSIIANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGIJN3, 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 AND 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 — September 26, 2016 regular meeting b. Street Closures: • Consider action authorizing the closure of Boston Avenue from 150^ Street to the Entergy ROW on Monday, October 3150 for the Nederland Chamber of Commerce's "Trunk-R.-Treat" event. • Consider action authorizing the closure of 7.. Street from Nederland Avenue to Atlanta Avenue on Monday, October 3150 for the Seventh Street Baptist Church's "Block Party". • Consider action authorizing the closure of Franklin Avenue between 120" and 130. Streets on Thursday, October 280^ for the Langham Elementary "Fall Carnival"_ c. Payments: • Bruce's General Construction - $156,258.00, Nederland Service Center project Minutes Continued, October 10, 2016 4. REGULAR AGENDA a. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve a proclamation in regards to the Knights of Columbus' Family Week. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to set a Public Hearing date of October 24, 2016 at 4:30 p.m. to discuss the Neighborhood Empowerment Zone Incentive Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to amend Ordinance 164, setting the calendar for regular City Council meeting in November 2016. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Resolution No. 2016-12, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Newtron Beaumont, LLC. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to authorize a request for qualifications for the procurement of an engineer to perform work on the Texas Community Development Block Grant program. 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 Austin to accept a donation from Phillips 66 for the Nederland Fire Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2016-24, amending the Fiscal Year 2016-2017 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve a Maintenance Worker - Plant Operator Trainee Program Standard Operating Procedure. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, October 10, 2016 i. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve final payment and release of retainage to Basco Construction, Inc. for the Bob Henson Building Repairs/Improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. j. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve a request from Mr. and Mrs. Duplechin for sewer service outside the city limits at 8030 Holmes Road, pending written consent from Aqua Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. k. A motion was made by Councilmember Austin and seconded by Councilmember Neal to accept the water line installed following Greg Corkran's request for water service to a climate control storage unit business located along the north bound access road of Highway 69 in the City's ETJ. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. COMMUNICATION: City Manager's Report: a. Miscellaneous: • Chamber Coffee is tomorrow at 8:00 a.m. at Sombreros • Chris thanked the Police Department, Fire Department and Parks Department for a successful National Night Out and thanked the Chamber of Commerce and the Economic Development Corporation for their participation. • Oct. 22nd there are 2 events planned: Fall Market from 10-4 on Boston Avenue and Monsters in the Park beginning at 5:30 at Doornbos Park. • Oct. 31St the Chamber will host the annual "Trunk R Treat" 9. 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 5:03 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. il R. A. Nugent, I or City of Nederl d, Texas Minutes Continued, October 10, 2016 ATTEST: P/1 a . Gay Fergu n, City Cler 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 ✓ Billy Neal Council Member—Ward ll ✓ Don Albanese Council Member—Ward III v Craig Belaire Council Member—Ward IV Chris Duque City Manager ✓ Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works ✓ George Wheeler Building Official ✓ Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary \1/Angela Fanette Parks Director 2)19 1 R.A. Nug t, Ma!•r if, ay Ferg on, ity 1 k October 10, 2016 Date AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 9, 2016 THROUGH APRIL 24,2017. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland,Texas. All of the below regular meeting shall begin at 4:30 p.m. on each of the following dates: May 9 and 23,2016 June 13 and 27,2016 July 11 and 25, 2016 August 8 and 22, 2016 September 12 and 26,2016 October 10 and 24, 2016 November 7 and 14, 2016 December 5 and 12,2016 January 9 and 23, 2017 February 13 and 27,2017 March 13 and 27, 2017 April 10 and 17, 2017 ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this 10th day of October, 2016. / - R.A. Nu•ent,`�i ayor City of Neder-nd,Texas ATTEST: (r N>sA J� Gay Ferg on, City Cle City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Je a Bra r is , City Attorney Ci of derland,Texas ORDINANCE NO.2016-24 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 10th DAY OF OCTOBER,2016. /' r A / / R.A.Nugent,rrayor City of Neder and,Texas ATTEST: Td(Z:l4fiA— ay Ferguso City Clerk APPROVED AS TO FORM ANIZ,LEGALITY: j, � R444-, C — Je• e Bra •ck,City Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2016-2017 DATE: October 10, 2016 DEPARTMENT: Fire(2200) FUND: Fire Department Special(24) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 24-2200-6742 Motor Vehicle - 75,000 75,000 TOTAL - - - JUSTIFICATION Donated funds from Phillips 66 are allocated for the purchase of a new Rescue Truck. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of