March 25, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. March 25, 2019
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 HANDGUN), 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 Mayor Pro Tern Neal and seconded by Councilmember Austin
to approve the Consent Agenda Items a-c as presented. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
a. Minutes - March 11, 2019 regular meeting
b. February 2019 Departmental Reports
c. Tax Assessor Collection Report - February 2019
4. REGULAR AGENDA
a. Recognition of Retiree: Police Sergeant Nicky Matt. The meeting was recessed at
4:32 until 4:42 in order to congratulate Sergeant Matt.
b. A motion was made by Councilmember Austin and seconded by Councilmember
Belaire to approve a specific use permit for the property located at 2826 Avenue H
to operate a tattoo parlor in a C-2 (neighborhood retail) zoning district. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Minutes Continued, March 25, 2019
c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve Change Order #3 in the amount of $14,529.45 for final quantities
on the 2018 Asphalt Street Rehabilitation project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, & Belaire.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve final payment and release of retainage for the 2018 Asphalt Street
Rehabilitation project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to authorize the submission of a SAFER grant application to the U. S.
Department of Homeland Security. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
f. Chris Duque, City Manager, reported on the prisoner program which utilized
prisoner labor to assist the city with mowing of city parks, facilities, and other
locations within the city limits. This use of prisoner crews commenced with state
prisoner crews. Over time, this program became undependable; prisoner crews
would not be released when the prisoner guard was required to remain at the
prison. The City transitioned to utilizing federal prisoner crews; they were utilized
for four to five years with an average of 6 prisoners divided between Parks and
Police. In early 2018, federal prisoner crews were abruptly not available. The City
was informed extensive changes to the prisoner labor program were being made.
Since these changes were implemented, one federal prisoner was made available
and only lasted approximately 2 months and the availability was sporadic.
Realizing the prisoner crews were not available and needing to keep up with the
grass mowing last summer, the City utilized extensive overtime. This led to the
City parks, facilities, and properties, as well as ditches being less manicured than
previous years and the time between mowing being extended beyond normal
schedule.
Staff does not anticipate federal prisoner crews being available this spring and
summer. Therefore, it is necessary to reassess managing the mowing of City
properties. After discussion with the Parks and Public Works Directors, the mowing
will be done via the creation of four seasonal full-time positions, contractual
mowing, and overtime. These 4 employees will work closely with the two full-time
Parks Maintenance workers to keep up with the mowing of the majority of parks,
facilities, and properties. It will be necessary to utilize contract mowing to mow
the lift stations and along Canal Avenue from Twin City Highway to the 2300 block
of Canal. It will also be necessary to offer overtime to current employees on an
as-needed basis until the seasonal employees can be hired.
g. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Austin to approve Ordinance No. 2019-10, amending the fiscal year 2018-2019
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
Minutes Continued, March 25, 2019
h. Pat O'Neill and Jeremy Triska, Wathen, DeShong & Juncker, LLP were present to
review the Comprehensive Annual Financial Report (audit) for the fiscal year ending
September 30, 2018. He summarized the auditor's report and stated it was a clean
audit opinion. He said there were no disagreements with management and the
management letter with suggestions remained the same as they were in last year's
report.
A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern
Neal to accept the Fiscal Year 2017-2018 audit as prepared by Wathen, DeShong
&Junker, L.L.P. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:17 p.m. 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 5:33 p.m. by Mayor Nugent. He announced
the Executive Session was held for informational purposes only and no action was
necessary.
7. COMMUNICATION
a. Trash Bash - April 6th
8. ADJOURN
There being no further business a motion was made by Councilmember Belaire and
seconded by Councilmember Austin to adjourn the meeting at 5:35 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire.
Noes: None.
#7)4
R. A. Nugent, M r
City of Nederlan , Texas
ATTEST:
Gay Ferguson, City Clerk
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 V
Billy Neal Council Member-Ward II
Vacant Council Member-Ward III
Craig Belaire Council Member-Ward IV 1/
Chris Duque City Manager
Gay Ferguson City Clerk
Jesse Branick City Attorney
Cheryl Dowden Director of Finance
Gary Porter Police Chief v
Terry Morton Fire Chief
Robert Woods Director of Public Works
George Wheeler Building Official
Victoria Klehn Librarian \ /
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary
Angela Fanette Parks Director
de
R. . Nugent,
cay Fergus. , ity e
March 25, 2019
Date
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4�4,SUN Cod,
ALLISON NATHAN GETZ !;; "�� . ', e TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR '
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�\ • _ CHIEF DEPUTY
EXA
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 $622,666.55, represents all taxes collected for CITY OF NEDERLAND
during the month of February 2019.
0,UA21,;VgiLtAA'
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
ORDINANCE NO.2019-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2018-
2019 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2018-25,which adopted
the Fiscal Year 2018-2019 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 2018-2019 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2019 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2018 and ending September 30,2019,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 2018-2019 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
�o Y ,"V,MEETING THIS THE 25th DAY OF MARCH,2019.
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Cit of Neder:nd,Texas
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Gay Fergus ,City Clerk
APPROVED AS TO FORM AND LEGALITY:
Je se Bra c ,City Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2018-2019
DATE: March 25, 2019
DEPARTMENT: Various
FUND: General (01)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-0000-4120 Industrial In Lieu of Taxes 1,781,500 20,350 1,801,850
01-2101-6111 Overtime - 4,000 4,000
01-2101-6115 Extra Help 17,500 6,980 24,480
01-2101-6126 Social Security 1,339 534 1,873
01-2101-6128 Worker's Compensation 517 (64) 453
01-2101-6222 Motor Vehicle Fuel 6,200 (3,100) 3,100
01-2101-6236 Foods 1,000 (1,000) -
01-2101-6265 Supplies/Minor Tools&Equipment 3,000 (1,500) 1,500
01-2101-6393 Contractual Services - 11,500 11,500
01-3000-6115 Extra Help - 3,000 3,000
TOTAL 1,811,056 40,700 1,851,756
JUSTIFICATION
In the Prisoner Extra Help Dept., expenditures are adjusted to reflect utilizing 4 seasonal full-time employees and
contractual mowing, as well as various line-item adjustments. In the Public Works Admin Dept, $3000 is allocated
in Extra Help for an intern to work on the Street Lights Program. Industrial in lieu of taxes revenue is increased to
offset the total expenditure increase.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
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