REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND. 4:30 p.m. August 20, 2012

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1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 20, MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 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 Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a-f as presented. MOTION CARRIED. a. Minutes August 6, 2012 regular meeting b. July 2012 Departmental Reports c. Tax Assessor Collection Report July 2012 d. Consider action authorizing the installation of a street light on 2512 Avenue D. e. Requests: Consider action regarding a request from the Mid-County Noon Optimist Club to waive fees associated with the scheduled Cross Country Meet at Doornbos Park. Consider action regarding a request from Brian English to utilize the Recreation Center gymnasium for a high school basketball league and a Fall tournament. Consider action approving a request from Ridgewood Christian School to have a Bike-A-Thon at Doornbos Park. Consider action approving a request from Twirl America to utilize the Recreation Center classroom for twirling classes. Consider action approving a request from the Boy Scouts of America and the HAM Radio Club of Nederland for a Jamboree on the Air event at Cropo LeBlanc Park. Consider action approving the street closure of N. 13 th Street from Nederland Avenue to Atlanta Avenue for a Back to School Bash. f. Payments: Carroll & Blackman, Inc. - $1,187.81, Phase II MS4 Permit Implementation Services

2 4. REGULAR AGENDA a. Mayor Nugent presented a Proclamation to Amanda Yarborough, Gift of Life, recognizing the month of September 2012 as Ovarian Cancer Awareness Month in Nederland. Ms. Yarborough thanked the council for their time to issue this proclamation and getting the word out regarding Ovarian Cancer and awareness. A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Albanese to approve a Proclamation recognizing September 2012 as Ovarian Cancer Awareness Month. MOTION CARRIED. b. Receive comments from Alyssa Rutty in regards to social media s impact on the community. Alyssa Rutty of 3159 Fellswood Lane in Port Neches requested to address the City Council regarding concerns of posts and comments on FaceBook. She stated that she is a business owner with 2 snow cone stands in Nederland and that comments on a FaceBook page titled Good, Bad and Ugly were made about her in a negative way. She went on to add that she was not allowed access to this page in order to defend herself. Mayor Nugent thanked her for coming to the meeting and expressing her concerns but City Council did not have control over free speech or any remarks on FaceBook. The City Attorney confirmed the Mayor s opinion. Chris Duque, City Manager, informed her that this was a private matter and she should seek legal counsel. c. Wanda Hollier, Nederland Heritage Festival, presented grants from the Heritage Festival to the Parks & Recreation and Police Department. Mrs. Hollier thanked the City and commended the Police Department for the excellent service it provides during the Festival. She also commended the Parks Department for all the events being provided to the citizens. Chief Bush and Angela Fanette thanked Ms. Hollier for the generous donations. d. Chris Duque, City Manager, explained that Sunoco Partners Marketing & Terminals requested an adjustment on their utility bill due to a water leak. He reported that staff provided a leak adjustment of $5,325 on July 5 th and on July 27 th he authorized waiving the late fee of $2, since Sunoco requested to come before Council for additional relief. Wayne Turner, Nederland Terminal Manager, petitioned relief from the sewer portion of the bill. He stated that a leak was found and they have no problem paying for the water. The leak was found at dock #5 which is near the river. Mr. Duque stated that this was a unique situation in that the leak was near the river, and the water leaked into the river and not through the city s sewer system. He advised if council should grant an additional adjustment, it should be only for industrial facilities. The item was tabled until Cheryl Dowden, Director of Finance, could research past bills for Sunoco.

3 e. A motion was made by Councilmember Rogers and seconded by Councilmember Austin to approve Resolution No , supporting a settlement in principle regarding the transfer of operational control of Entergy s transmission system to the Midwest Independent Transmission System Operator, Inc. in Public Utility Commission Docket No MOTION CARRIED. f. A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Austin to authorize a work authorization with Carroll & Blackman, Inc. in regards to the Phase II MS4 Permit Implementation Services. MOTION CARRIED. d. Mrs. Dowden researched past water bills for Sunoco and found the highest bill over a 6 month period was $3, Mr. Duque suggested if City Council wished to grant an additional adjustment to Sunoco, they take the difference between Sunoco s adjustment request and the highest sewer bill from the last 6 months and waive that amount. A motion was made by Councilmember Rogers and seconded by Councilmember Austin to authorize an additional leak adjustment to Sunoco, only applicable for industrial customers in a unique situation. MOTION CARRIED. g. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to receive the Quarterly Investment Report from the Finance Department. MOTION CARRIED. h. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Neal to authorize issuance of a Request for Proposals for the city bank depository services. MOTION CARRIED. i. The regular meeting was recessed and a Joint Public Hearing was called to order at 5:16 by Mayor Nugent for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year Annual Budget. There being no further questions and/or comments, the Public Hearing was adjourned and the regular meeting was reconvened at 5:17 by Mayor Nugent. j. The regular meeting was recessed and a Joint Public Hearing was called to order at 5:17 by Mayor Nugent for the purpose of receiving comments regarding the proposed tax rate of $ /$100 assessed valuation for the fiscal year Mayor Nugent announced the budget and tax rate will be approved on September 10, 2012 at 4:30 p.m. There being no further questions and/or comments, the Public Hearing was adjourned and the regular meeting was reconvened at 5:20 by Mayor Nugent.

4 k. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Ordinance No , utility rates and regulations. MOTION CARRIED. l. A motion was made by Councilmember Austin and seconded by Councilmember Albanese to approve a work authorization with the LaBiche Architectural Group, Inc. for a city facility project. MOTION CARRIED. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:25 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter , Consultation with City Attorney; and Chapter , Deliberation Regarding Economic Development Negotiations. 6. RECONVENE The regular meeting was reconvened at 6:18 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATIONS City Manager s Report: a. Construction Project Update. Mr. Hamilton reported the contractor is working on the MCC unit, pouring concrete for the vault and is in the process of making the final, temporary tie-in. The sewer project is complete and final paperwork is in process. Asphalt overlay on Avenue H is complete. The County has started chip sealing the streets which were previously approved. Asphalt overlay began on S. 29 th Street between Avenue H and Highway 365 and will be completed by the end of the fiscal year. 8. ADJOURN There being no further business a motion was made by Councilmember Austin and seconded by Councilmember Neal to adjourn the meeting at 6:35 p.m. MOTION CARRIED. R. A. Nugent, Mayor City of Nederland, Texas

5 ATTEST: Gay Ferguson, City Clerk City of Nederland, Texas