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August 27, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEcoERLANC. 4:30 p.m_ August 27, 2018 1_ MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 1_2x" Street, Nederland, Texas. See attached for quorum. The following statement was posted: ""PURSUANT TO SECTION 30_07, PENAL COCIE (TRESPASS BY LICENSE HOLEPER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICEN5EC0 UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HAN0GIJN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HAN UGUN THAT IS CARRIED OPENLY." 2. INVOCATION ANC) PLEC/GE 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 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 as-e as presented. MOTION CARRIED_ Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — August 13, 2018 regular meeting b. July 2018 departmental Reports c. Tax Assessor Collection Report - July 2018 d. Consider action authorizing the submittal of a 201_8 grant application to the Wilton and Effie Mae Hebert Foundation. e. Requests: Consider action regarding a request from Brian English to utilize the Nederland Recreation Center gymnasium for a basketball league and tournament. Consider action authorizing the closure of various city streets for the fourth annual Kristin Raye Paris 1-Mile Run/Walk event. 4_ REGULAR AGENDA a_ Lynell Smith, teacher at NISC>, presented a request to City Council for her students to paint the following utility boxes: 27« and Helena Avenue across from CO Wilson till Minutes Continued, August 27, 2018 Middle School, Helena Avenue in front of Helena Park Elementary, Spurlock Road near the U-Haul rental store, 27th and Nederland Avenue near the empty lot, 27th and Avenue H in front of Hillcrest Elementary, Nederland Avenue and 21St Street in front of the First Assembly of God church, and Boston Avenue and 14th Street. This project is similar to the artwork project in the City of Beaumont; however, no financial assistance has been requested from the City. The only concern the City may have is with any damage that may be caused to the electronics inside the utility box. Bethany Burkhalter, art student, said she wants to put her artistic mark on the city before leaving for college. She is interested in painting the Abbey Road Album Cover on one of the utility boxes. No action was required. b. Rob Woods, Director of Public Works; and Rick Bourque, Schaumburg & Polk, Inc., provided an update on the Nederland Avenue Paving and Drainage project. They said the base repairs on the first segment of the Nederland Avenue project have been completed. Milling of the second segment of the roadway will begin September 4th. The work will be done during the nighttime. The asphalt overlay on the section of roadway from Twin City Highway to 23rd Street will begin September 17th and be completed by Oct. 4th. The entire project is scheduled for completion around Thanksgiving. An updated project work schedule will be given out at the council meeting this Friday. Note: Mayor Nugent was not feeling well and asked Mayor Pro Tern Albanese to take over running the meeting. c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Change Order No. 2 of the 2018 Asphalt Street Rehabilitation project which adds the hot mix overlay of 22nd Street to Helena Avenue at an additional cost of $59,457.06. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Resolution No. 2018-11, renaming a portion of North 12th Street to Veterans Lane. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Belaire and seconded by Mayor Nugent to approve Resolution No. 2018-12, designating the MCML Central Dispatch Center as the Billy Neal Dispatch Center. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Resolution No. 2018-13, nominating Terry Schwertner as a candidate for the Board of Directors of the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, August 27, 2018 g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2018-22, amending the fiscal year 2017-2018 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Austin and seconded by Mayor Nugent to declare surplus the Nederland Fire Department's 1991 Pierce Pumper (Engine 13). MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. i. A motion was made by Councilmember Austin and seconded by Mayor Nugent to approve the purpose of a pumper truck for the Nederland Fie Department via HGAC, Buy Board or other state-approved contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. j. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve the Five-Year Capital Improvement Program 2018-2023. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. k. Fiscal Year 2018-2019 Budget: i. A motion was made by Councilmember Neal and seconded by Councilmember Austin to set the Mayor's compensation at $333.33/month ($4,000.00/year) and each member of the City Council's compensation at $300.00/month ($3,600.00/year). MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. ii. The regular meeting was recessed and Public Hearing was called to order at 5:16 p.m. by Mayor Pro Tern Albanese for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year 2018-2019 Annual Budget. Chris Duque, City Manager, said it is necessary to conduct a public hearing on the proposed Fiscal Year 2018-2019 Annual Budget. As with any public hearing, interested persons will be given the opportunity to comment on the budget. A copy of the budget is available at the City Clerk's office and on the City's website. The ordinance adopting the FY 2018-2019 Annual Budget shall be placed on the September 10, 2018 at 4:30 p.m. agenda for consideration. No action was necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:17 p.m. by Mayor Pro Tern Albanese. iii. The regular meeting was recessed and a Public Hearing was called to order at 5:17 p. m. by Mayor Pro Tern Albanese for the purpose of receiving comments regarding the proposed tax rate of $0.609578 per $100 assessed valuation for the Fiscal Year 2018-2019. Minutes Continued, August 27, 2018 Mr. Duque stated the public hearing is being held to discuss the proposed Fiscal Year 2018-2019 tax rate. At the August 13, 2018 meeting, the Council unanimously voted to maintain the current tax rate of 0.609578 per$100 assessed valuation for the fiscal year beginning October 1, 2018 and ending September 30, 2019. Mayor Nugent announced the City Council will vote on the tax rate on Monday, September 10, 2018 at 4:30 p.m. at the Nederland City Hall Chamber located at 207 N. 12th Street. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:18 p.m. by Mayor Pro Tem Albanese. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:18 p.m. by Mayor Pro Tem Albanese 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 5:39 p.m. by Mayor Pro Tem Albanese. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • Special Council Meeting will be held August 31st at 9:00 a.m. • City Offices will be closed next Monday for Labor Day. Garbage will run 1 day behind normal schedule. • The Pool officially closes next Monday at 6:00 p.m. 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Austin to adjourn the meeting at 5:40 p.m. MOTION +`111��������' CARRIED. ���'�0 �D a� es: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. �;. N ' s: None.,.. .1„,' :5-7:;„`;-4- \.i•.‘rx--."--• N , ,..„..„. . . EF. z:_ ___,• _1i .w= R. A. Nugent, •yor v-: `•�' 7 'ct` City of Nederew d, Texas "n, 1 G-y Fergus' ,''it - lerk I 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 v Billy Neal Council Member-Ward II V Don Albanese Council Member-Ward III V Council Member-Ward IV Craig Belaire V Chris Duque City Manager Gay Ferguson City Clerk " Jesse Branick City Attorney Cheryl I Dowden Director of Finance Gary Porter Police Chief Terry Morton Acting Fire Chief Robert Woods Director of Public Works v George Wheeler Building Official V Victoria Klehn Librarian V Holly Guidry Human Resources Director Joni Underwood Executive Secretary V Angela Fanette Parks Director gar100/R.A. Nugent, or laa. /1 i1/( ..�i PAt c ay Ferguso , City Clerk August 27, 2018 Date ALLISON NATHAN GETZ ''ii 1,` ' I TERRY WUENSCHEL TAX ASSESSOR COLLECTOR \ ; , �� CHIEF DEPUTY *TEXA�*/ 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 $75,010.04, represents all taxes collected for CITY OF NEDERLAND during the month of July 2018. aZaiik-YAJA 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 CITY OF NEDERLAND RESOLUTION NO.2018-13 STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City Council of the City of Nederland, Texas at its regularly scheduled meeting of August 27,2018, in accordance with the Property Tax Code of the State of Texas, hereby nominates Terry Schwertner as a candidate for the Board of Directors of the Appraisal District established for Jefferson County for a two-year period term to expire December 31, 2019. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15, 2018, in accordance with said Statute. PASSED AND APPROVED AND ADOPTED this 27th day of August , 2018. R.A. Nuge Mayor City of Ned- land,Texas ri• Ibanese, Mayor Pro Tern Talmadge Austin, Council Member Ward I 1��, I;' ,uncil Member ClVard II Craig Belaire, Council Member Ward IV /0/:;73I7'...qP% atiFergd ' n, City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jes-.e Bra city Attorney Ci of N .erland,Texas RESOLUTION NO.2018-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, DESIGNATING THE MCML CENTRAL DISPATCH CENTER LOCATED AT 1400 BOSTON AVENUE AS THE "BILLY NEAL DISPATCH CENTER" WHEREAS, Billy Neal's life is one of dedicated and self-less service to his community. For over 43 years, he served in the Nederland Police Department including 41 years as Chief of Police,and for the past 16 years, he has served as a Nederland City Councilmember; and WHEREAS,in 1971 during his tenure as Chief of Police,the Mid County Municipal League Central Dispatch center was established, providing dispatch services to the communities of Nederland, Port Neches, Groves, Pear Ridge, and Griffin Park. Central Dispatch operates under the supervision of the Chief of Police; and WHEREAS, in 1977 during his tenure as Chief of Police,a new police station was constructed. In 2014 during his tenure as City Councilmember,the police and fire station and the former city hall were renovated and named the "Homer E. Nagel Public Safety Complex,"which included the Central Dispatch center; and WHEREAS,the Central Dispatch center has completed a recent remodeling. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section I. Councilman Billy Neal is an exemplary public servant with the highest level of integrity, who worked tirelessly to serve the citizens of Nederland and is dedicated to the men and women of the Nederland Police Department. Section II. In 2018,Councilman Billy Neal reached his 60th year of service to the City of Nederland. Section III. The Central Dispatch center located at the Homer E. Nagel Public Safety Complex shall forever be known as the "Billy Neal Dispatch Center". PASSED AND APPROVED by the City Council of the City of Nederland, Texas,this the 2D"day of August 2018. _ .A. Nugent,Mayor City of Nederland,Texas - �G 1111111 Gay Fergus , City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jess- Brani ity Attorney City of N.•errand,Texas RESOLUTION NO. 2018-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, IN SUPPORT OF RE-NAMING NORTH 12TH STREET AT THE ATLANTA AVENUE INTERSECTION AS "VETERANS LANE" WHEREAS, in November 2015, construction of Nederland Veterans Park was completed; the Park is by the North 12th Street/Atlanta Avenue intersection; and WHEREAS, the Nederland City Council desires to continue displaying its commitment to honoring veterans; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT North 12th Street at the Atlanta Avenue intersection be renamed "Veterans Lane" PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 27th day of August, 2018. N ' • _ �\ . ..-'i^:,:: :,�_ City of N=�er'land,Texas ayor 1//1111111144 3:6/11)(1"--- ay Fergu 4on, City CTe City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes - Br- i , City Attorney Ci of ederland,Texas ,r. ORDINANCE NO.2018-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2017- 2018 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2017-19,which adopted the Fiscal Year 2017-2018 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 2017-2018 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2018 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2017 and ending September 30,2018,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 2017-2018 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. ?A SED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A RF$% JIG THIS THE 27th DAY OF AUGUST,2018. A�. R.A.Nugen ayor '� City of Nederland,Texas ilit A1. Iri� ay Ferg $.n,City Clerk S APPROVED AS TO FORM AND LEGALITY: c- -- C - Je .e Brani ity Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2017-2018 DATE: August 27, 2018 DEPARTMENT: Various FUND: General (01), Fire Dept Special (24) Equip. Rep-General (34) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-9000-6908 Transfer to Equipment Replacement 175,000 500,000 675,000 24-9000-6908 Transfer to Equipment Replacement - 100,000 100,000 34-0000-4910 Transfer In 180,650 600,000 780,650 34-0000-6742 Motor Vehicles 105,000 729,257 834,257 TOTAL 460,650 1,929,257 2,389,907 JUSTIFICATION In the General Fund, $500,000 is transferred out to the Equipment Replacement Fund-General to fund the purchase a new pumper for the NFD. In the Fire Dept Special Fund, the previously donated$100,000 is transferred out to the Equip Rep Fund-General for the new pumper purchase. In the EquipRep Fund-General, the transfers-in from the General and Fire Special Funds are reflected. The remaining balance for the purchase is from unspent FY 17-18 funds and reserve funds. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of ORDINANCE NO. 2018-23 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, SETTING THE MONTHLY STIPEND FOR THE MAYOR AND MONTHLY COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL; FINDING AND DETERMINING THAT THE MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND THE REPEAL OF ALL OTHER INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT WHEREAS,the City Council of the City of Nederland,Texas,now desires to increase the compensation for the Mayor and City Council members;and WHEREAS,the City of Nederland Home Rule Charter provides, in SECTION 3.04- COMPENSATION, that"compensation of the Mayor and each of the Councilmembers for allowances and expenses incurred in connection with the discharge of their duties while within Jefferson County shall be set by ordinance but may not be increased during the current term of the Mayor and Councilmember enacting such ordinance"and WHEREAS, Local Government Code, Vemon's Texas Codes Annotated, Section 141.004.,entitled"Officers in Home Rule Municipalities",states: "The governing body of a Home Rule municipality may set the amount of compensation for each officer of the municipality." NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: SECTION 1. Compensation. (1) The monthly stipend for the Mayor shall be$333.33 per month. (2) The monthly stipend for members of the City Council shall be$300 per month. (3) The Mayor and members of the City Council shall also be reimbursed for actual expenses incurred while on official City business. (4) Compensation shall be reviewed annually for budget adjustments. SECTION 2. Severability. In the event any section,paragraph,subdivision,clause,phrase,provision,sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Nederland,Texas,declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,or whether there be one or more parts. SECTION 3. Open Meetings It is hereby found and determined that the meeting at which this ordinance was passed were open to the public,as required by Chapter 551 of the Texas Government Code, and that advance public notice of time, place,and purpose of said meeting was given. SECTION 4. Repeal All ordinances in force when this ordinance becomes effective and which ordinances are inconsistent or in conflict with this ordinance are hereby repealed, insofar as said ordinances are inconsistent or in conflict with this ordinance. PASSED AND APPROVED by the City Council of the City of Nederland,Texas on this the 27th day of August,2018. SQL, ,y , lqa __o: i P\ R.A. NugeMayor �'• ; O` City of Ne rland,Texas ATTE3COUN '�\S Tolin "ay Fergus n, City C er! City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Je -e Brat r!City Attorney C. of N=•erland, Texas