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February 24, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 24,2025 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese 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 was led by Mayor Pro Tem Sonnier. 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 Guillot and seconded by Councilmember Root to approve the Consent Agenda Item"a thru c" as presented. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. a. Minutes—February 10, 2025 regular meeting b. January 2025 Departmental Reports c. Tax Assessor Collection Report—January 2025 4. REGULAR AGENDA a. Todd Perkins, 146 Nederland Avenue, inquired as to who approved the $5M Nederland Avenue Drainage project contract with LJA Engineers and stated there is still flooding in this area. City Manager, Chris Duque, stated that the contract was approved by council. Rob Woods, Director of Public Works, stated this area has shown improvements in the drainage since the work was completed. Mr. Perkins stated he would send video of the ongoing drainage issues to the city. b. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to approve Resolution No. 2025-02, ratifying the action of the Nederland Economic Development Corporation Board of Directors in regard to the incentive offered to Sorella's Wine Bar (1217 Boston Avenue). MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root, Sonnier, and Guillot. Minutes continued, February 24, 2025 NOES: None. Kay DeCuir, Executive Director of Nederland Economic Development Corporation, distributed a flyer on the Nederland Economic Development Forum event and also an invitation to the Off Boston Open House event. She stated Off Boston does not have a 'new street,' Atlanta Avenue and the alleyway have been in existence and will be resurfaced. The Change Order for this resurfacing work was approved last September. Ms. DeCuir thanked Council for the road work done and stated the businesses have appreciated it as this is a high-traffic area for their delivery trucks. c. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern Sonnier to approve a request from Buckstin Brewery to operate a beer garden from March 12th to March 15th. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Stephan Oubre, Operations Manager, stated all alcohol will be contained in the designated boundaries of the beer garden area. This event was held in 2022 and 2023 without any issues being reported to the Nederland Police Department. d. A motion was made by Councilmember Root and seconded by Councilmember Guillot to receive the Quarterly Investment Report from the Finance Department. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to receive the "Racial Profiling Report" from the Nederland Police Department in accordance with Article 2.131 — 2.138 of the Texas Code of Criminal Procedures. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. f. A motion was made by Councilmember Guillot and seconded by Councilmember Root to award bid for the Operation of the Nederland Swimming Pool to the YMCA of Southeast Texas, in the amount of$88,000. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. g. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to approve Ordinance No. 2025-03, amending the fiscal year 2024-2025 budget. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. h. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Duplant to amend the 2024-2025 Wage & Classification Plan — establishing the compensation for an"Assistant Building Official"position. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Minutes continued, February 24, 2025 Jeff Darby, 1515 N. 26t" St., inquired about the percentage of secretarial duties involved for this position and what the previous pay grade was. Chris Duque stated this new position will be 50% secretarial duties and 50% training/inspection duties. This position will, be reassessed ata later date to determine if a secretarial position will be reinstated to this department. i. A motion was made by Councilmember Guillot and seconded by Councilmember Root to authorize the purchase of a 2025 Ford F-350 cab and chassis for the Nederland Fire Department via BuyBoard, HGAC, or state-approved contract. MOTION CARRIED. AYES; Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. j. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to declare surplus a Ford F-550 cab and chassis from the Nederland Fire Department. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES; None_ k. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to award bid for the Windstorm Insurance to Victor Insurance Managers, Inc. in the amount of$938,784. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:10 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with City Attorney — Texas Government Code, Chapter 551.071; Deliberations about Real Property — Texas Government Code, Chapter 551.072, 1308 Boston Avenue; Personnel — Texas Government Code, Chapter 551.074, Discuss personnel — City Manager. 6. RECONVENE The regular meeting was reconvened at 5:51 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:52 p.m. i/#4 D on Albanese, Mayor City of Nederland, Texas Minutes continued, February 24, 2025 ATTEST: erL thieotwob9/ Jo ' .nderwood,City Clerk City of Nederland, Texas n‘AE®ER ®. .. off, ,,, CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor ✓ Bret Duplant Council Member—Ward I Sylvia Root Council Member—Ward II Randy Sonnier Council Member—Ward III David Guillot Council Member—Ward IV ✓ Chris Duque City Manager �✓ Joni Underwood City Clerk ✓ Chris Leavins City Attorney t/ Heather Stucker Director of Finance ✓ Aviolq ,Lfrm 1c/ Assist Police.. CA/2/ ✓� -Gary Porter Police Chief ✓ Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Molli Hall Librarian Liar 2 or.;in Stephanie Gaspard Human Resources Director Toby Latiolais Parks Director ✓ Pg5-74 Don Albanese, Mayor Joni Un,erwood, City Clerk 2-24-25 Date RESOLUTION 2025-02 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS,the present and prospective right to 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 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 Sorella's Wine Bar in an aggregate maximum amount of not more than Thirty Thousand dollars($30,000.00),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 February , 2025 at which meeting a quorum was present and voting. • i Albanese,Mayor City of Nederland,Texas ATTEST: , A uGVJ�GO�`G�o Joni Und rwood,City Cleric ```0111111111,,��''' City of Nederland,Texas F NEDF ``''ii, � °• ':meq APPROVED AS TO FORM AND LEGALITY: ='�:• � Q - • :4r, k - b Zfr71(--,...a• dd 4 'z Chris Leavins,City Attorney iJr < _ , City of Nederland,Texas �'OF �,.``��' 'N u, it" PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this 2T5day oflzraty _,2025 at which meeting a quorum was present and voting. Don Albanese,Mayor City of Nederland,Texas ATTEST: Joni Una srwood,City Clerk City of Nederland,Texas APPROVED 4. TO SRM AND LEGALITY: i �� \``ynuuuurrurr C eav' C Attorney City of Nederland,Texas • • Sir City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending December 31,2024 Investments at Beginning of Period (10-1-24) $ 55,874,187.43 Interest Earned 697,398.28 Maturities/Deposits 8,000,000.00 Investments at End of Period(12-31-24) $ 64,571,585.71 Maturity Summary at December 31, 2024 ■Less than 3 months 03 to 9 months 09 to 12 months OGreater than 12 months City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending December 31,2024 Balance Maturities/ Balance 10/1/2024 Interest Earned Deposits 12/31/2024 General Fund $ 21,356,280.93 255,886.99 $ 21,612,167.92 Capital Outlay Fund $ 8,212,100.22 98,395.79 8,310,496.01 Library Fund 44,976.86 580.50 45,557.36 Library Fund-Zaruk Memorial 11,333.80 94.17 11,427.97 Equipment Replacement Fund-General 739,347.22 8,858.71 748,205.93 Equipment Replacement Fund-W&S 300,071.83 3,595.44 303,667.27 Equipment Replacement Fund-SW 510,738.86 6,119.62 516,858.48 Water&Sewer Fund 5,997,923.64 71,866.09 6,069,789.73 Solid Waste Fund 2,960,714.18 35,474.74 2,996,188.92 Street Improvement Fund 5,269,486.53 63,138.05 5,332,624.58 Police Narcotics Fund 84,255.28 1,009.57 85,264.85 2018 WW Project 1,472,630.18 17,644.76 1,490,274.94 2020 Water Tower Project 55,643.34 666.62 56,309.96 2021 Street&Drainage Bond Fund 2,432,755.75 29,148.79 2,461,904.54 2023 Street&Drainage Bond Fund 4,660,287.03 55,838.70 4,716,125.73 2024 Water/Wastewater Bond Fund 0.00 27,924.17 8,000,000.00 8,027,924.17 SSES Project Fund 622,371.75 7,457.11 629,828.86 Parks Special Fund 492,105.13 5,896.37 498,001.50 MCML Fund 444,527.45 5,326.21 449,853.66 Bond Redemption Fund 206,637.45 2,475.88 209,113.33 $ 55,874,187.43 $ 697,398.28 $ 8,000,000.00 $ 64,571,585.71 Fund Allocation at December 31, 2024 2024 Water/Wastewater 2021 Street&Drainage Bond Fund Bond Fund 12.43% 3.81% Other Funds SSES Project Fund 0.63% General Fund 0.98Yo 33.47% Street Improvement Fund ''—� 8.26% i- \ 1 Capital Outlay Fund 12.87% F 2018 WW Project ' 1 231% tt � Equipment Replacement Fund-SW 0.80% Water&Sewer Fund 2023 Street&Drainage quipment Replacement 9.40% Bond Fund Fund-W&S MCML Fund 7.30% 0.47% 0.70% Parks Special Fund Equipment Replacement 0.77% Fund-General Solid Waste Fund 1.16% 4.64% Investment Report Schedule Investments for the Quarter ended December 31,2024 INVESTMENT POOL-TEXPOOL Average Days to Interest Interest Period Held Maturity Rate Market Principal Earned Book Value General Fund 10/01/24 12/31/24 1 5.0341% $ 21,356,280.93 255,886.99 $21,612,167.92 Capital Outlay Fund 10/01/24 12/31/24 1 5.0341% 8,212,100.22 98,395.79 $ 8,310,496.01 Water&Sewer 10/01/24 12/31/24 1 5.0341% 5,997,923.64 71,866.09 $ 6,069,789.73 Bond Redemption Fund 10/01/24 12/31/24 1 5.0341% 206,637.45 2,475.88 $ 209,113.33 Equipment Replacement Fund-General 10/01/24 12/31/24 1 5.0341% 739,347.22 8,858.71 $ 748,205.93 Equipment Replacement Fund-W&S 10/01/24 12/31/24 1 5.0341% 300,071.83 3,595.44 $ 303,667.27 Equipment Replacement Fund-SW 10/01/24 12/31/24 1 5.0341% 510,738.86 6,119.62 $ 516,858.48 Library Special 10/01/24 12/31/24 1 5.0341% 44,976.86 580.50 $ 45,557.36 Library Special-Zaruk Memorial 10/01/24 12/31/24 1 5.0341% 11,333.80 94.17 $ 11,427.97 Solid Waste Fund 10/01/24 12/31/24 1 5.0341% 2,960,714.18 35,474.74 $ 2,996,188.92 Street Improvement Fund 10/01/24 12/31/24 1 5.0341% 5,269,486.53 63,138.05 $ 5,332,624.58 2018 WW Project 10/01/24 12/31/24 1 5.0341% 1,472,630.18 17,644.76 $ 1,490,274.94 2020 Water Tower Project 10/01/24 12/31/24 1 5.0341% 55,643.34 666.62 $ 56,309.96 2021 Street&Drainage Bond Fund 10/01/24 12/31/24 1 5.0341% 2,432,755.75 29,148.79 $ 2,461,904.54 2023 Street&Drainage Bond Fund 10/01/24 12/31/24 1 5.0341% 4,660,287.03 55,838.70 $ 4,716,125.73 2024 Water/Wastewater Bond Fund 12/04/24 12/31/24 1 5.0341% - 27,924.17 $ 8,027,924.17 Parks Special Fund 10/01/24 12/31/24 1 5.0341% 492,105.13 5,896.37 $ 498,001.50 SSES Project Fund 10/01/24 12/31/24 1 5.0341% 622,371.75 7,457.11 $ 629,828.86 Police Narcotic Fund 10/01/24 12/31/24 1 5.0341% 84,255.28 1,009.57 $ 85,264.85 MCML Fund 10/01/24 12/31/24 1 5.0341% 444,527.45 5,326.21 449,853.66 Totals for TEXPOOL Investments $ 55,874,187.43 $697,398.28 $64,571,585.71 *Texpool is rated AAAm by Standard&Poor's,which is the highest rating a local government investment pool can achieve v Investment Report Schedule Investments for the Quarter ended December 31,2024 INTEREST EARNED ON DEMAND DEPOSITS Average Days to Interest Period Held Maturity Rate Interest Earned Bond Redemption Fund 10/01/24 12/31/24 1 3.0800% $ - Capital Outlay Fund 10/01/24 12/31/24 1 3.0800% 1,234.81 Court Technology Fund 10/01/24 12/31/24 1 3.0800% 25.66 Equipment Replacement Fund-General 10/01/24 12/31/24 1 3.0800% 2,144.17 Equipment Replacement Fund-W&S 10/01/24 12/31/24 1 3.0800% (722.37) Equipment Replacement Fund-SW 10/01/24 12/31/24 1 3.0800% 3,590.36 Fire Department Special Fund 10/01/24 12/31/24 1 3.0800% 459.00 General Fund 10/01/24 12/31/24 1 3.0800% 12,896.79 Library Special Fund 10/01/24 12/31/24 1 3.0800% 262.77 MCML Dispatch 10/01/24 12/31/24 1 3.0800% 1,762.69 Motel Occupancy Tax Fund 10/01/24 12/31/24 1 3.0800% 949.92 Parks&Recreation Special Fund 10/01/24 12/31/24 1 3.0800% 3,658.60 Police Narcotic Fund 10/01/24 12/31/24 1 3.0800% 84.04 2021 Street&Drainage Bond Fund 10/01/24 12/31/24 1 3.0800% (2,124.66) 2023 Street&Drainage Bond Fund 10/01/24 12/31/24 1 3.0800% 3,902.93 2024 Water/Wastewater Bond Fund 11/20/24 12/31/24 1 3.0800% 9,713.53 Solid Waste Fund 10/01/24 12/31/24 1 3.0800% 7,528.70 Street Improvement Fund 10/01/24 12/31/24 1 3.0800% 1,413.29 CDBG Disaster Recovery Fund 10/01/24 12/31/24 1 3.0800% 0.00 SSES Fund 10/01/24 12/31/24 1 3.0800% 1,231.47 2018 WW Project 10/01/24 12/31/24 1 3.0800% 2,324.98 Water&Sewer Fund 10/01/24 12/31/24 1 3.0800% 6,860.95 $ 57,197.63 Investment Report Schedule December 31, 2024 Interest Earnings for Quarter Ended December 31, 2024 Bond Redemption Fund 2,475.88 Capital Outlay Fund 99,630.60 Court Technology Fund 25.66 Equipment Replacement Fund-General 11,002.88 Equipment Replacement Fund-W& S 2,873.07 Equipment Replacement Fund-SW 9,709.98 General Fund 268,783.78 Library Special Fund 843.27 Library Special Fund-Zaruk Memorial 94.17 Motel Occupancy Tax Fund 949.92 Parks &Recreation Special Fund 9,554.97 Police Narcotic Account 1,093.61 Solid Waste Fund 43,003.44 Street Improvement Fund 64,551.34 CDBG Disaster Recovery Fund 0.00 2018 WW Project 19,969.74 Fire Special Fund 459.00 2020 Tax Notes Water Tower Project 666.62 2021 Street&Drainage Bond Fund 27,024.13 2023 Street&Drainage Bond Fund 59,741.63 2024 Water/Wastewater Bond Fund 37,637.70 SSES Project Fund 8,688.58 MCML Fund 7,088.90 Water& Sewer Fund 78,727.04 $ 754,595.91 1 ORDINANCE NO.2025-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2024- 2025 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2024-18 which adopted the Fiscal Year 2024-2025 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 2024-2025 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2025 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2024 and ending September 30,2025,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 2024-2025 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,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 FEBRUARY,2025. fit"lgr-9-cj--- lbanese,Mayor City of Nederland,Texas ATTEST: Joni Undeavood,City Clerk �o°,o !'NE's' ,,,*o `;gyp,,....\•:y=. L.:p -N_ . 9 APPROV TO -c• AND LEGALITY: =(-)4,0--A--- _ f Pi Lea ins ' Attorney "'"vt„nn�'OF ``' 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2024-2025 DATE: February 24, 2025 DEPARTMENT: Various FUND: General Fund (01) Equip Replacement General (34) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4610 Interest Income 816,884 5,000 821,884 01-2400-6110 Salaries&Wages 244,824 2,000 246,824 01-2400-6111 Overtime 600 2,000 2,600 01-2400-6124 TMRS 19,176 500 19,676 01-2400-6126 Social Security 19,709 500 20,209 34-0000-4610 Interest Income 25,000 10,000 35,000 34-0000-6742 Motor Vehicles 419,965 91,000 510,965 34-0000-6744 Miscellaneous Equipment 400,000 (6,000) 394,000 TOTAL 1,946,158 105,000 2,051,158 JUSTIFICATION In the General Fund, it is necessary to allocate additional funds to create a new Assistant Building Official position. Only an additional$5,000 is needed in the Inspections Department's salary and wages and benefits line-items. Interest income is increased to offset the greater expenditures. In the Equipment Replacement Fund-General, it is necessary to increase the Motor Vehicles allocation to fund the purchase of a new chassis and cab (Rescue 17)for the NFD; the Miscellaneous Equipment line- item is reduced to reflect a completed purchase. The interest income is increased to help offset the greater expenditures. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: - -