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October 24, 2016 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P-m. October 24, 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: "PIJRSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANT5GIJN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAWS, 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-e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Belaire_ Noes: None. a. Minutes — October 10, 2016 regular meeting and October 10, 2016 workshop b. September 2016 C.epartmental Reports c. Tax Assessor Collection Report - September 2016 d. Consider action approving Resolution No. 2016-12, ratifying the action of the Nederland Economic development Corporation related to the incentive offered to Newtron Beaumont, LLC. e. Payments: • UA Engineering, Inc. - $1,946.83, Phase II MS4 Implementation Services• i Schaumburg 8Polk, Inc. - $2,598.70, 2016 HMAC Rehabilitation Services• Schaumburg 8� Polk, Inc. - $8,265.00, Holmes Road Rehabilitation project • Schaumburg Polk, Inc. - $17,670.00, Nederland Avenue Study project • La Biche Architectural Group, Inc. - $4,174.80, Nederland Service Center Minutes Continued, October 24, 2016 4. REGULAR AGENDA a. The regular meeting was recessed and a Public Hearing was called to order at 4:33 p.m. by Mayor Nugent for the purpose of discussing the Neighborhood Empowerment Zone (NEZ) Incentive Policy. Chris Duque, City Manager, reported the State of Texas via Section 378 of the Texas Local Government Code has provided municipalities a framework and authorization to provide certain incentives to both residential and commercial property owners, with the goal of achieving re-development of targeted areas by the creation of the NEZ. The proposed NEZ policy has two purposes: i. Provide a mechanism to offer a city-incentive to the airport development, as discussed earlier this year. The policy would provide a 10-year property tax abatement; the abatement would only apply to the improvements since the land is owned by Jefferson County. ii. Provide a mechanism to re-develop older neighborhoods, specifically the area north of Nederland Avenue, east of Twin City Highway and bound by the city limits. Tax abatement and fee waiver incentives are available for new construction and rehabilitation of older homes with the caveat the property cannot become rental property. Mr. Duque explained the areas for designation can be expanded by City Council in the future, if this policy is working well. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:39 by Mayor Nugent. b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve Resolution No. 2016-13, approving the 2016 tax roll as certified by Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve an agreement with Election Systems & Software, LLC for the rental of election equipment for the May 2017 election(s). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve a request by Rosa McCloney in reference to liens filed against property located at 2003 Queens and 1807 19th Street by reducing the interest portion of the lien by half. The motion included restricting this precedent to this limited circumstance with the requirement that the property be undeveloped to facilitate future development. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, October 24, 2016 e. Grants: i. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the acceptance of the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice for an interoperable and data sharing project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to authorize the acceptance of the Homeland Security Grant from the U.S. Department of Homeland Security via the Texas Office of the Governor - Homeland Security Grants Division for an emergency interoperable communications sustainability project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. Purchase/Bids: i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to authorize the purchase of vehicles via HGAC, BuyBoard, or other state- approved contract for the Nederland Police Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. H. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to authorize the purchase of vehicles via HGAC, BuyBoard, or other state- approved contract for the Nederland Public Works Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to authorize the expenditure of funds, up to $48,720.00, for the rehabilitation of seven multi-stage blowers at the Wastewater Treatment Plant in accordance with the City's Purchasing Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iv. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to award a bid for windstorm insurance to Victor O. Schinnerer &Co., Inc with an annual premium of $104,559.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. v. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the solicitation of bids for the Nederland Recreation Center Roof/Exterior Metal Repairs/Improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, October 24, 2016 g. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve Ordinance No. 2016-25, 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 Austin and seconded by Councilmember Neal to amend the day city offices will be closed for the Christmas Eve 2017 holiday. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve a Friends Helping Family standard operating procedure. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION Mayor Nugent announced the executive session was not necessary. 6. COMMUNICATION: City Manager's Report: a. Construction Project Update: Steve Hamilton reported the Service Center is progressing nicely. Framing of the walls will begin next week. He also advised discussions are continuing on Holmes Road and the sewerline projects. b. Veterans Day Ceremony - November 11th at 9:00 a.m. c. Mr. Duque reported on 2 very successful events that took place on Saturday. They were the Fall Market and Monsters in the Park. He also reported city staff is seeing more waterline breaks than usual due to the dry weather we have been having. 7. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Albanese to adjourn the meeting at 5:26 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugent, Ma f r City of Nederland, Texas Minutes Continued, October 24, 2016 ATTEST: � ' 'ay Fergu n, City Cler , City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. NugentA. Mayor V Talmadge Austin Council Member-Ward I V BillyNeal Council Member-Ward II V / Don Albanese Council Member-Ward III ✓ Craig Belaire Council Member-Ward IV V / Chris Duque City Manager V Gay Ferguson City Clerk Jesse Branick City Attorney 1 . Cheryl Dowden Director of Finance 1/ Darrell Bush Police Chief 17- Gary Collins Fire Chief V Steve Hamilton Director of Public Works V Building Wheeler Official Victoria Klehn Librarian Holly Guidry Human Resources Director 1/ Executive Secretary Joni Underwood Angela Fanette Parks Director R.A. Nugent, for 14aay , � /i i /MiA ay Ferg Ton, City Cl- k October 24, 2016 Date el 0 w/ "4 ALLISON NATHAN GETZ ; - TERRY WUENSCHELCHIEF DEPUTY TAX ASSESSOR-COLLECTOR �c\ j TEX 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 $28,043.39, represents all taxes collected for CITY OF NEDERLAND during the month of September 2016. 1 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 4 �,S0N CSG ti ALLISON NATHAN GETZ ,i �1� , ';:- TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR �� CHIEF DEPUTY TEXT October 4,2016 City of Nederland Cheryl Dowden P. O.Box 967 Nederland,Texas 77627 Dear Cheryl, Enclosed are the Year End Reports as listed below. 1. Deposit Distribution(298-D Breakdown of Net Tax Collections) 2. Deposit Distribution(298-D-RF Refunds Only) 3. Tax Collector Report(TC 168 for Fiscal Year) Rendition Penalties collected are$36.79. If you have any questions, please call me(409) 835-8714. Sincerely, geeit .Qs�xc�d Cindy Savant,PCC Director of Finance Jefferson County Enclosures cs JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112 •BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 I RESOLUTION 2016-12 A RESOLUTION OF THE CTIi'Y OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS,the present and prospective right tp 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 1 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 Newton Beaumont, LLC, in an aggregate maximum amount of not more than One Hundred Thousand dollars($100,000.00),in accordance with the terms and conditions as prescribed by the Board,is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this 10th day of October ,2016 at which meeting a quorum was present and voting. R.A. ugent, 0,or City of Nederl. d,Texas ATTEST: .114A A 1 pitill,(A- ___ •ay Fergus.',City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: II/ 4YZ/de-- Jesse : , ty Attorney City . -.erland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this aikday of Q3a4 of _,2016 at which meeting a quorum was present and voting. R.A.Nugent,Mr r City of Nederlan s,Texas ATTEST: VW 6/e G y Fer on,City lerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: /4, -,-1.,..__ c_______ Je:se Bran k,City Attorney S ty of ederland,Texas CITY OF NEDERLAND RESOLUTION NO. 2016-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2016 TAX ROLL. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT pursuant to the Texas Property Tax Code,Section 26.09,the City Council of the City of Nederland hereby approves the attached 2016 tax roll. PASSED AND APPROVED this the 24th day of October, 2016. „,,..,--- R.A. Nu nt, ayor City of Nede nd,Texas ATTEST: 0 I il L ay Fer son, City to erk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Arift J= se Bra ick;CityAttorney •ity of -derland,Texas 0 ,\ ALLISON NATHAN GETZ , I TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR 1\ - CHIEF DEPUTY PEXN$ October 13, 2016 City of Nederland Cheryl Dowden P 0 Box 967 Nederland, TX 77627 Dear Ms. Dowden: Attached is the 2016 Certified Tax Roll Summary. Pursuant to the Texas Property Tax Code, Section 26.09, this certified tax roll summary should be approved by your Council at your City Council Meeting. After the approval, please return your resolution for retention in the Tax Office. If you should have any questions or require further information, please feel free to call. Sincerely, 1 ( 410 1 le 4 / ALLISON NATHAN GETZ, PCC Assessor-Collector of Taxes Jefferson County, Texas ANG:db Attachment cc: Christopher Duque grandrcp.ltr.16 JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 v M W 0 r O 04 a. 0 0O O O O O O " O 0 O O O O 7 O en N N —. C 0,00 N en es < G. ^ N 'O u N a O so Q. O. O. 0 0 0 ON Cs ,� M .y H O a Z• E Q 00 O O 00 O O N •• O O O 00 O O N O a�0 O0O .6 p O E CT O V1 — O E 0 .r N < so h tn p N P4 = V N E v— 00G `0.. w 0 c < B N en - w r. we " ate N .-, m 0 E o L .Pen a C .D ao. o E 0 „ _ r 0 E oa . �� N V x < 7 E < C 0 i CJ •• O w O V .. .. H 'E 2ti �" � < i ORDINANCE NO.2016-25 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 24th DAY OF OCTOBER,2016. R. . ugent, ayor City of Nederland,Texas ATTEST: ay Ferg on,City Clerk APPROVED AS TO FORM AND LEGALITY: Jes - c . ck,City Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2016-2017 DATE: October 24, 2016 DEPARTMENT: Various FUND: Police Narcotics(20) FUND: Equipment Replacement-W/S (36) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 20-0000-4355 State Grant Revenue - 12,882 12,882 20-2100-6274 Safety Requipment 50,000 25,000 75,000 36-0000-6744 Miscellaneous Equipment 9,000 48,720 57,720 TOTAL 59,000 86,602 145,602 JUSTIFICATION In the Narcotics fund, state grant revenue is reflected, and funds are allocated to purchase body cameras with the grant funding. In the Equipment Replacement Fund -Water/Sewer,funds are allocated to for the 7 multi-stage blowers at the WasteWater Treatment Plant. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of