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February 27, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF 1.41EI10ERLAN10 4:30 P_m_ February 27, 2017 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: "PIJRSIIANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE 1-1101_10ER WITH AN OPENLY CARRIES HANOGUN), A PERSON LICENSE04 IJN10ER SUBCHAPTER H, CHAPTER 411, GOVERNMENT COrsE cHANraGUN LICENSING LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANOGIJN THAT IS CARRIES OPENLY_" 2_ INVOCATION ANC/ P1_E10GE OF ALLEGIANCE The invocation and the Pledge of Allegiance were led by Gay Ferguson, City Clerk. 3. CONSENT AC+ENmaA - 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 Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve the Consent Agenda Items a-d as presented. MOTION CARRIEC._ Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Belaire_ Noes: None. a. Minutes — February 13, 2017 regular meeting b. Consider approving a correction to the City Council minutes of January 9, 2017_ c. January 2017 Departmental Reports d. Payments: UA Engineering, Inc. - $596.83, Phase II MS4 Permit Implementation Services Bruce's General Construction - $107,167.87, Nederland Service Center Schaumburg E. Polk, Inc. - $135,519.91, Concrete Sewer Line Evaluation project 4. REGULAR AGENDA a_ Scott Ferguson, President of Adaptive Sports for Kids, Inc., made a presentation to City Council regarding the upcoming Opening Day of baseball season. T-shirts were presented to Council by athletes. .r■► Minutes Continued, February 27, 2017 b. A motion was made by Councilmember Neal and seconded by Councilmember Austin to declare various city equipment surplus. Equipment consists of obsolete computers, monitors, etc. from the Marion & Ed Hughes Public Library as well as the 120' communications tower which was located at 1400 Boston Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to accept the Racial Profiling Report from the Nederland Police Department in accordance with Article 2.132(b)(7) of the Texas Code of Criminal Procedure. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve Resolution No. 2017-04, authorizing the submittal of a State Homeland Security Program grant application and recommending additional planning funds from the 2016 L.E.T.P.A. grant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. Chris Duque, City Manager, informed an appeal was received by John Gannon, Inc. (JGI) following a denial of a billboard permit by George Wheeler, Building Official. A billboard permit was issued to McLain Investments, LLC and Lockridge Outdoor Advertising on January 19, 2016 for a billboard to be placed at 3316 Highway 365. This permit had an expiration date of July 19, 2016. In June, JGI purchased the lease from McLain Investments, LLC but was delayed in construction due to weather. Mr. Duque reminded council the billboard sign ordinance was amended on February 22, 2016 to include a requirement that billboards be at least 1,500 feet apart. When Lockridge secured their permit last January, the new billboard regulations were not in effect. Once Lockridge's permit expired on July 19th the new billboard regulations were in effect. Since another billboard is approximately 950 feet from the proposed billboard, Mr. Wheeler denied JGI's permit application. JGI is requesting a waiver of the spacing variance so a billboard permit can be issued. Wendi Acosta with JGI stated JGI had been approached by a gentleman who buys and sells leases once the permit is obtained. He did not inform them the change had been made to the billboard sign ordinance when they purchased the lease. They proceeded in good faith to erect the billboard however due to flooding in June, July, and August they were unable to begin work. When it dried up in September they went to renew the permit and were informed about the amendment to the billboard sign ordinance. She said they only are asking for the opportunity to build as in the previous agreement. Brian McLain was in attendance to support JGI in their appeal. He confirmed they were unaware of the billboard ordinance amendment. He also reported construction remodeling work at Zen City had dumpsters blocking the location where the sign were to be placed which also prevented construction of the billboard. MM. Minutes Continued, February 27, 2017 Mr. Duque recommended making a decision after discussing it in Executive Session with the City Attorney. f. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to authorize the solicitation of bids for Employee Group Benefits (Dental and Vision Insurance). 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 a work authorization with Schaumburg & Polk, Inc. for the 2017 Hot Mix Overlay project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Austin to approve a work authorization with Action Civil Engineer, PLLC for the Nederland Avenue drainage project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Resolution No. 2017-05, authorizing the publication of the Notice of Intent for certificates of obligation to fund the Nederland Avenue project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Abstain: Councilmember Belaire. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:14 by Mayor Nugent 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 5:14 by Mayor Nugent to allow further comments from Ms. Acosta. She wanted to let City Council know her company pays taxes on property their signs are located on. 7. EXECUTIVE SESSION The regular meeting was recessed at 5:15 by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071 - Consultation with City Attorney. dIL APPROVAL OF CONTRACT CHANGE Change Order No.I Date:March 6.2017 Project: Boston Avenue Sidewalk Rehabilitation Owner: City of Nederland 1903 Atlanta Avenue Nederland,Texas 77627 Contractor: Brystar Contracting,Inc. 8385 Chemical Road Beaumont,Texas 77705 To the Owner: Approval of the following contract change is requested. Reason for Change:To reconcile quantities added/deleted during sidewalk rehabilitation. ORIGINAL CONTRACT AMOUNT: S129,025.00 CHANGE ORDER No's. $0.00 THIS CHANGE ORDER: Description Unit Md Subtract Net Change REMOVE Item 8-Pavement Makings(S3.00/LF) LF 115.00 (5345.00) Item 7-Brick Pavers(524.00/SF) SF 3 572.00 NEW ITEMS Item 10-Brick Paver Repair(Roadway)(S1,134.00/LS) LS 1 51,134.00 Item II-Street Light Globe(S645.00/EA) EA I (S645.00) • TOTAL AMOUNT OF THIS CHANGE ORDER: $216.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING $129,241.00 THIS CHANGE ORDER: Calendar Days Original Contract Time plus inclement weather days allowed to date 120 Additional Time Requested this Change Order 0 !Total Revised Contract Time Including this Change Order 120 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the lime required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommend by Appro d r -A •epted b ‘04e-/-4 ir 111 Schmburg&Polk,Inc Ci y of Nederland Brystar Contracting,inc. Engineer Owner r /✓/ Contractor Date: . 7-7`17 Date: r �((3 "/ / Date: 3. Minutes Continued, February 27, 2017 8. RECONVENE The regular meeting was reconvened at 5:46 by Mayor Nugent. Mayor Nugent called for a motion regarding the appeal of the billboard sign denial by Building Official Wheeler. After requesting a motion 3 times, the item died for lack of a motion. 9. COMMUNICATION: City Manager's Report: a. Trash Bash - Saturday, March 4th b. Miscellaneous - Steve Hamilton reported the final walk-through has been done on the Service Center and the substantial completion has been received. The ADA inspection will be done at the end of this week. Furniture is being delivered and the Service Center is now secure. Mr. Duque reported the draft report on the sewer line assessment should be delivered next month. He stated a council work session may be scheduled to go over the draft report which is expected to be extensive. 10. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Austin to adjourn the meeting at 5:51 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugent, yor City of Nederl d, Texas ATTEST: GFerguvn, City Clerk U Y City of Nederland, Texas Ili CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRES T ABSENT R.A. Nugent Mayor Talmadge Austin Council Member—Ward I V 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 V Jesse Branick City Attorney Cheryl Dowden Director ry of Finance V Darrell Bush Police Chief V V Gary Collins Fire Chief V Steve Hamilton Director of Public Works George Wheeler Building Official y V Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary / Angela Fanette Parks Director tif/A t /i.12-------- R. '. us en ayor 1411)/L- G y Fergus�►n Ci Cler February 27, 2017 Date RESOLUTION NO. 2017-04 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 2017 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 $24,678.30. 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 27th day of February, 2017. / R. A. Nugent, Mayor City of Nederland,Texas ATTEST: vtt_d_a, oxboilfr•--- Gay Ferg son, City Cle APPROVED AS TO FORM AND LEGALITY: Jesse .ranick, °Attorney RESOLUTION NO.2017-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION WHEREAS,the City Council of the City of Nederland,Texas (the"Issuer"), deems it advisable to issue Certificates of Obligation to fund construction of public works, to-wit: (1) rehabilitation and improvement of streets and roads within the City, (2) drainage improvements throughout the City;and(3)certain other costs related and incidental thereto,in accordance with the Notice hereinafter set forth,now therefore, * * * * * * * BE IT ORDAINED BY THE NEDERLAND CITY COUNCIL: Section 1. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. Section 2. The City Clerk is hereby authorized and directed to cause to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the form attached hereto as"Exhibit A"and made a part hereof. Section 3. The notice set forth in"Exhibit A"to this Resolution shall be published once a week for two consecutive weeks in a newspaper of general circulation in the Issuer,the date of the first publication to be before 30 days prior to the date set in said notice for the issuance of Certificates of Obligation. Section 4. The Mayor,City Clerk,City Manager,and other officers of the Issuer are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Resolution. Section 5. This Resolution shall take effect immediately upon its passage. PASSED,APPROVED,AND ADOPTED this 27TH day of February,2017. 14 VV A.Nugent,Mayor ftty of Nederland,Texas ATTEST: piou gook.o-p•--- ay Fergu n,City Cle City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse B 'ck,C Attorney City of I ede d,Texas EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Nederland, Texas (the "City"), shall convene at 4:30 p.m. on Monday, February 27, 2017 at its regular meeting place in the Nederland City Hall, 207 North 12th Street, of said City and during such meeting, such City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $6,500,000 for the purpose of paying contractual obligations to be incurred to fund construction of public work, to-wit: (1) rehabilitation and improvement of streets and roads within the City, (2) drainage improvements throughout the City; and (3) certain other costs related and incidental thereto. The certificates of obligation will be payable from the levy of an annual ad valorem tax, within the limits prescribed by law, upon all taxable property within the City and from a pledge of certain available net revenues derived from the operation of the City's water and sanitary sewer system. The certificates of obligation are issued,and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Section 271.049,as amended. R.A. "Dick" Nugent, Mayor City of Nederland,Texas Nederland Police Department Report to Nederland City Council February 17,2016 The following information summarizes the activity of the Nederland Police Department as it relates to the requirements of Articles 2.131 — 2.138 of the Texas Code of Criminal Procedure. The Nederland Police Department collects data concerning traffic citations and arrests due to both traffic and pedestrian stops. This report fulfills the statutory requirements of the Nederland Police Department to report contacts and racial/ethnic breakdowns to the Nederland City Council by February 27,2017. NUMBER OF MOTOR VEHICLE/PEDESTRIAN STOPS Citations Only 1313 Arrest Only 2 Citations and Arrest 15 TOTAL 1330 RACE OR ETHNICITY African American 159 Asian 35 Caucasian 967 Hispanic 149 Middle Eastern 13 Native American 7 TOTAL 1330 RACE OR ETHNICITY KNOWN PRIOR TO STOP Yes 61 No 1269 TOTAL 1330 SEARCH CONDUCTED? Yes 90 No 1240 TOTAL 1330 SEARCH CONSENTED: Yes 31 No 59 TOTAL 90 The Nederland Police Department has adopted detailed written policy on racial profiling. Our policy: (1) clearly defines acts constituting racial profiling; (2)strictly prohibits peace officers employed by the Nederland Police Department from engaging in racial profiling; (3) implements a process by with an individual believes that a peace officer employed by the Nederland Police Department has engaged in racial profiling with respect to the individual; (4) provides public education relating to the agency's complaint process; (5)requires appropriate corrective action to be taken against a peace officer employed by the Nederland Police Department who,after an investigation,is shown to have engaged in racial profiling in violation of the Nederland Police Department's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relations to (A)the race or ethnicity of the individual detained; (B)whether a search was conducted, and if so,whether the individual detailed consented to the search;and(C)whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual;and(7)require the chief administrator of the agency,regardless of whether the administrator is elected,employed,or appointed,to submit and annual report of the information collected under Subdivision(6)to:(A)the Commission on Law Enforcement Officer Standards and Education;and(B)the governing body of each county of municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. I certify these policies are in effect. alAll 1 1... Chief of Police Nederland Police Department