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April 25, 2016REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLANO 4:30 p.r11. APrit 2S, 2016 Y. MEETING The meeting was called to order at 4:30 p -m. by Mayor Nugent at the Nederland City Office auilding, 207 N. 12`x' Street, Nederland, Texas_ See attached for quorum. The following statement was read by Mayor Nugent: "PURSUANT TO SECTION 30.07, PENAL COOS (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUNS, A PERSON LICENSED UNDER SU SCHAPTER H, CHAPTER 411, GOVERNMENT CODE KHAN OGUN LICENSING LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY." 2_ INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of aileglance were led by Chris puque, City Manager_ 4_ REGULAR AGENDA b. A motion was made by Mayor Pro Tern Albanese and seconded by Councilrr%ember Neal to approve a proclamation in regards to Fair Housing Month. MOTION CARRIED. Ayers: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: None. Absent: Councilmernbers Austin and aelaire. c. A motion was made by Mayor Pro Tem Albanese and seconded by Councilrrmember Neal to approve a proclamation designating April 25, 2016 as Taxon Wolf bay. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese_ NoL+s: None_ Absent: Councilmembers Austin and aelaire. 3_ C-.ONSENT AGEy OA - 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 counciimernber so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Cou nciirnember Neal and seconded by Mayor Pro Tem Albanese to approve the Consent Agenda Items a -f with the exception of item -611 which will be moved to the regular agenda_ MOTION CARRIED. Minutes Continued, April 25, 2016 Ayes: Mayor Nugent, Counc|mennbarsNeal, and Albanese. Noes: None. Absent: Councilmembers Austin and Belaire. a' Minutes --April 11, 2016 regular meeting b. March 2O16Departmental Reports c. Tax Assessor Collector Report - March 2016 d. Consider action authorizing the closure of various streets for the Nederland Spring Market on Saturday, May th . e. Consider request from Brian English to utilize the Nederland Recreation Center fora summer basketball league. f. Payments: ° L]A Engineering, Inc. - $1,677.80, Phase ll MS4 Permit Implementation Services • Basco Construction, Inc. - $49,030.65, Bob Henson Building Repairs/Improvements project 4. REGULAR AGENDA Kay DeCuir from the Economic Development Corporation explained the street closure is for the Nederland Spring Market Day event which is scheduled for Saturday, May 7th. This event will take place onBoston Avenue between 14 pStreet and the 1100 block ofBoston. The street will be closed from 8:30a.nn. to 6:00 p. m. She also stated the businesses along Boston Avenue were contacted regarding the event and they were infavor. A motion was made by Counci|member Neal and seconded by Mayor Fro Tern Albanese to authorize the closure of various City streets for the Nederland Spring Market Day on Saturday, May 7, 2018. MOTION CARRIED. Ayes: Mayor Nugent, Cound|rnemnbersNeal, and Albanese. Noes: None. Absent: Counci|rnennbersAustin and Ba|aine. a. Recognition of retiree: Farris VVovne Walker. The meeting was recessed at 4:50 - 5:00 to allow for cake and congratulations for Mr. Walker. d. A motion was made by Mayor Pro Tern Albanese and seconded by Counci|nnennber Neal tmaccept the Hotel Occupancy Tax Fund quarterly report from the Nederland Chamber ofCommerce. MOTION CARRIED. Ayes: Mayor Nugent, Counci|rnernbmngNeal, and Albanese. Noes: None. Absent: Cound|nnenmbersAustin and Ba|aing. e. Amotion was made by Mayor Pro Tern Albanese and seconded byCmund|member Neal to approve a request from the Nederland Independent School District for utilization of the Nederland Swimming Pool for end of the school year parties. MOTION CARRIED. Ayes: Mayor Nugent, Cound|rnennbansNeal, and Albanese. Noes: None. Minutes Continued, April 25, 2016 f. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve a request from the Nederland Police Department to place "In God We Trust" decals on Nederland Police Department vehicles. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: None. Absent: Councilmembers Austin and Belaire. g. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve an agreement with Interface EAP for the employee assistance program benefit afforded to city employees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: None. Absent: Councilmembers Austin and Belaire. h. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to authorize the submittal of a 2016 Port Security Grant application. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: None. Absent: Councilmembers Austin and Belaire. i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to amend Ordinance No. 164, setting the calendar for regular City Council meetings - May 2016 to April 2017. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: None. Absent: Councilmembers; Austin and Belaire. j. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve Ordinance No. 2016-15, suspending the rates proposed by CenterPoint Energy Resources Corp. dba CenterPoint Energy Entex and CenterPoint Energy Texas Gas Company's Gas Reliability Infrastructure Program filing made on March 31, 2016. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: None. Absent: Councilmembers Austin and Belaire. k. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve Resolution No. 2016-04, nominating Bert Lamson as a candidate for the Board of Directors of the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: None. Absent: Councilmembers Austin and Belaire. 1. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to authorize the solicitation of bids for the 2016 Flexible Pavement Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: None. Absent: Councilmembers Austin and Belaire. Minutes Continued, April 25, 2016 5. EXECUTIVE SESSION Mayor Nugent announced the executive session was not necessary. 6. COMMUNICATION City Manager's Report: a. Construction Project Update - Steve Hamilton submitted a written report to council members. b. National Day of Prayer - Thursday, May 5th at 7:30 a.m. c. Nederland Chamber Mother of the Year - Thursday, May 5th 5:00 P.M. d. Miscellaneous: Chris Duque acknowledged the employees who participated in the Relay for Life which was held Saturday, April 23rd. He thanked Joni Underwood for coordinating the event and serving as the City's team captain. He said the City will continue to have a team annually at this event. 7. ADIOURN There being no further business a motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to adjourn the meeting at 5:28 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: None. Absent: Councilmember Austin and Belaire. r ayor y"r` •1, Texas ATTEST: �yl J ay F -e r-9 t A on, tl-ty C- I e r City of Nederland, Texas NAME R. A. Nugent Talmadge Austin Billy Neal Don Albanese Craig Belaire Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Holly Guidry Joni Underwood Angela Fanette CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward I Council Member - Ward li Council Member- Ward III Council Member -Ward IV City Manager City Clerk City Attorney Director of Finance Police Chief Fire Chief Director of Public Works Building Official Librarian Human Resources Director Executive Secretary Parks Director April 25, 2416 Date PRESENT V 0 V", ABSENT v-, 1/ AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 9, 2016 THROUGH APRIL 24, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meeting shall begin at 4:30 p.m. on each of the following dates: May 9 and 23, 2016 June 13 and 27, 2016 July 11 and 25, 2016 August 8 and 22, 2016 September 12 and 26, 2016 October 10 and 24, 2016 November 7 and 14, 2016 December 5 and 12, 2016 January 9 and 23, 2017 February 13 and 27, 2017 March 13 and 27, 2017 April 10 and 17, 2017 ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this 25th day of April, 2016. / R. A. N ge ayor City of Nederland, Texas ATTEST: (Ij �- Gay FerguAn, City CI k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: JessrfNed6rland, ran' ity Attorney City Texas ORDINANCE NO. 2016-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENTERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS (-CENTERPOINT- OR -COMPANY-) COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP-) FILING MADE WITH THE CITY ON MARCH 31, 2016; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about March 31, 2016, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed an Annual GRIP adjustment for the Beaumont/East Texas Division with the City of Nederland ("City) to increase gas rates in the Beaumont/East Texas Division Service Area pursuant to Gas Utility Regulatory Act, TEx. UTIL. CODE ("Gas Utility Regulatory Act") § 104.301; and WHEREAS, CenterPoint proposed an effective date of May 30, 2016, for the rate increase; and WHEREAS, the City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act §103.001; and WHEREAS, the Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and WHEREAS, the City's reasonable cost of regulatory expenses in ratemaking proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022; and WHEREAS, the City will join with other municipalities in a steering committee in order to coordinate the hiring and direction of counsel and/or consultants working on behalf of the steering committee and the City; and WHEREAS, the City finds the need to suspend the effective date of CenterPoint's proposed rate increase for 45 days until July 14, 2016 in order to review the Company's filing for compliance with Gas Utility Regulatory Act § 104.301; and WHEREAS, the City's review of CenterPoint's GRIP filing is limited to a ministerial review of the filing for compliance with the statute; and WHEREAS, the reasonableness of the Company's investment will be reviewed in CenterPoint's subsequent base rate case where all costs Included in CenterPoint's GRIP filing will be subject to refund. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The effective date of Company's proposed GRIP rate increase, and the proposed tariffs related thereto, are hereby suspended until July 14, 2016. Section 3. To the extent the City finds that the rates proposed by CenterPoint's filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become effective byoperation nflaw onJuly 14,3O16. Section 4. The City isauthorized tojoin with other municipalities ampart cf the Beaumont/East Texas Division Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. Section S. The City employs the Lawton Law Firm, P.[»nrepresent the City with regard to the proposed rate increase of CenterPoint before local and state regulatory authorities and any court of law and authorizes counsel to employee such rate experts as are recommended bythe Steering Committee. Section 6. The Steering Committee shall review the invoices ofthe lawyers and/or rate experts for reasonableness before submitting the invoices toCentemPointfor reimbursement. Section 7. CenterPmint shall reimburse the 0y, through the designated representative of the Steering Committee, for the reasonable costs of attorneys and consultant fees and expenses related thereto, upon the presentation ofinvoices reviewed bythe Steering Committee. Section B. The meeting atwhich this ordinance was approved was inall things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED AND APPROVED this 25T"day �APRIL, 2016. City Nederland, Texas ATTEST: APPROVED ASlO FORM AND LEGALITY: Cit of N eriand, Texas THE LA.WTON LAW FIRM, P.C. 12600 Hill Country BW., Suite R-275 • Austin, Texas 78738 • 512/322-0019 • Fax: 855/298.7978 Via E -Mail Mr. Richard Ferguson City Attorney — City of Anahuac City Attorney — City of Sour Lake 13201 Northwest Freeway, Suite 300 Houston, Texas 77040 Mr. Kyle Hayes City Manager — City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Ms. Kelly McDonald City Manager — City of Cleveland 907 E. Houston Cleveland, Texas 77327 Ms. Angela Smith City Secretary — City of Cleveland 907 E. Houston Cleveland, Texas 77327 Mr. Jeff Lambright Mayor — City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. Leonard Schneider City Attorney — City of Huntsville Liles Parker, PLLC 800 Rockmead Dr., Ste 165 3 Kingwood Place Kingwood, TX 77339 April 8, 2016 Mr. Tyrone Cooper City Attorney — City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Mr. Paul Fukuda City Attorney — Bridge City 260 Rachal Post Office Box 846 Bridge City, Texas 77611 Mr. David Olson City Attorney — City of Cleveland Wortham Tower, Suite 600 2727 Allen Parkway Houston, Texas 77019 Mr. David Douglas City Manager — City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. Matt Benoit City Manager — City of Huntsville 1212 Ave. M Huntsville, Texas 77340 Mr. Gary Broz City Manager — City of Liberty 1829 Sam Houston Liberty, Texas 77575 Mr. Jesse Branick City Attorney — City of Nederland 221 Hwy. 69 South, Suite 100 (office) Nederland, Texas 77627 Mr. Shawn Oubre City Manager — City of Orange 803 W. Green Avenue, Room 201 Orange, Texas 77630 Mr. Tommy Gunn City Attorney — City of Pinehurst 202 S. Border Orange, Texas 77630 Mr. Harry Wright City Attorney — City of Silsbee PO Box 186 Port Neches, Texas 77651 Mr. Jack Provost City Manager — City of Sour Lake 625 Hwy 105 W Sour Lake, Texas 77659 Mr. Guy N. Goodson City Attorney — City of Vidor P.O. Box 4915 Beaumont, Texas 77704-4915 Mr. Joe Alford City Attorney — City of West Orange 105 Market Orange, Texas 77630 Mr. Christopher Duque City Manager — City of Nederland P.O. Box 967 Nederland, Texas 77627 Mr. Rodney Price City Attorney — City of Pine Forest City Attorney — City of Rose City P.O. Box 310 Vidor, Texas 77670 Mr. Robbie Hood City Administrator — City of Pinehurst 2497 Martin Luther King Jr. Drive Orange, Texas 77630 Mr. Tommy Bartosh City Manager — City of Silsbee 105 South P Street Silsbee, Texas 77656 Michael Kunst City Manager - City of Vidor 1395 N. Main St. Vidor, Texas 77662-3726 Mayor Roy McDonald Mayor — City of West Orange 2700 Western Avenue West Orange, TX 77630 Michael S. Stelly City of West Orange, Texas 2700 Austin Avenue West Orange, TX. 77630 Re: CenterPoint Enersv 2016 Annual GRIP Adjustment for the Beaumont/East Texas Division Dear Cities: On March 31, 2016, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed a Gas Reliability Infrastructure Program ("GRIP") adjustment factor with each of your communities in the Beaumont/East Texas Division of the Company. The Company is authorized to make annual GRIP rate change requests pursuant to Texas law passed in 2003, Gas Utility Regulatory Act, TEX. UTIL. CODE § 104.301 ("GRIP Statute") also see Section 7.7101 of the Railroad Commission of Texas ("Commission") Gas Services Division Rules. The GRIP Statute authorizes gas utility companies to request annual rate increases associated with year-to-year changes in incremental investment. The changes in investment are not subject to reasonableness review in the GRIP filing. Instead all amounts collected under a GRIP filing are considered interim rates subject to review and refund in the Company's next base rate proceeding. In this case the Company has determined that CenterPoint's capital investment in the Beaumont/East Texas Service Area has increased by $36,034,473 during calendar year 2015. The carrying cost on this incremental GRIP investment results in the following average monthly customer bill impact for each affected customer class: Customer Impact Summary CUSTOMER CLASS MONTHLY BILL INCREASE RESIDENTIAL $1.71 GENERAL SERVICE SMALL $2.73 GENERAL SERVICE LARGE $12.37 The GRIP Statute provides that the proposed GRIP rate surcharge will become effective 60 days from the date of the Company's filing or May 30, 2016, unless suspended by the Cities. Cities may suspend the GRIP rate increase for an additional 45 days beyond the Company's proposed effective date of May 30, 2016 while reviewing the GRIP application. Attached to this letter is a Rate Ordinance for your consideration. This Rate Ordinance will suspend the GRIP rate effective date until July 14, 2016. Please remember if your City wishes to suspend the proposed rates you must take action by passing the attached Rate Ordinance prior to May 30, 2016. Otherwise the Company's requested rates will go into effect on May 30, 2016. The review process of a GRIP filing is generally a ministerial review limited to ensuring that the GRIP filing complies with the GRIP Statute. See Atmos Energy Corp. v. Cities of Allen, 353 S.W. 3d 156 (Tex. 2011). During the suspension period any issues related to whether the GRIP filing comports with the GRIP filing rules can be reviewed so that Cities may make a final decision on this GRIP proposal. Please send a completed copy of the final Rate Ordinance to me either by mail or email. We expect to provide each City a Final Rate Ordinance by June 1, 2016 so that final GRIP rates for 2016 may be approved, modified, or rejected by the July 14, 2016 deadline. If there are any questions or concerns, please do not hesitate to call. Sincerely, -DP4� J - Daniel J. Lawton 3 RESOLUTION NO. 2016-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, NOMINATING BERT LAMSON TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE JEFFERSON COUNTY APPRAISAL DISTRICT WHEREAS, the Chief Appraiser of the Jefferson County Appraisal District notified the City of Nederland, Texas that a vacancy has occurred on the Board of Directors for the remaining portion of the 2016-2017 term; and WHEREAS, Property Tax Code Sec. 6.03(1) allows all entities entitled to vote for the Board of Directors to submit a nomination within 45 days after notification that a vacancy has occurred; and WHEREAS, Bert Lamson is a resident of Jefferson County, Texas; and WHEREAS, Bert Lamson is a person duly qualified to serve as a Member of the Board of Directors of the Jefferson County Appraisal District. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. Bert Lamson is hereby nominated to serve as a member of the Board of Directors of the Jefferson County Appraisal District for the remaining portion of the 2016-2017 term. Section 2. The foregoing resolution was adopted as a valid action of the Nederland City Council at a duly noticed meeting of that body on April 25, 2016 at which a quorum was present and voting. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 25th day of April, 2016. R. A. Nugent ayor City of Nede and, Texas ATTEST: M14;1) ay Fer on, City er c City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes a Br ni , City Attorney C' of ederland, Texas Construction Project Update —April 25, 2016 1) 2015 HMAC Proiect (LD Construction)—The Engineer, SPI has indicated that work is completed and they are awaiting the final pay request from the contactor. At that time, discussion of liquidated damages will commence. 2) 2016 HMAC Proiect — Council will authorize bids today. 3) Henson Buildiniz — Work is progressing. Stucco subcontractor completed work today. 4) Service Center — Pre bid conference took place on April 14th. Eleven general contractors participated and expressed interest. Bids will be opened on May 12th 5) South 5th Street Water Tower — Interior work is complete. Rain is slowing work on the exterior.