February 28, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. February 28, 2022
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 were led by Randy Sonnier, Councilmember
Ward 3.
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 Root and seconded by Councilmember Sonnier
to approve the Consent Agenda Items a-c and remove item d from the consent agenda
to be discussed separately. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
a. Minutes - February 14, 2022 regular meeting
b. January 2022 Departmental Reports
c. Tax Assessor Collection Report - January 2022
d. Consider action authorizing the closure of various city streets for the Ritter Lumber
Company Employee Appreciation event.
Councilmember Root asked how this street closure would affect the voting at the
Nederland Independent School District election. Chris Duque, City Manager, stated
voting was going to be at Nederland City Hall so it will not interfere with election
traffic.
Minutes Continued, February 28, 2022
A motion as made by Councilmember Root and seconded by Councilmember
Sonnier to authorize the closure of various city streets for the Ritter Lumber
Company Employee Appreciation event. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
4. REGULAR AGENDA
a. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Neal to set a Public Hearing on March 14, 2022 at 4:30 p.m. at Nederland City Hall
for the purpose of receiving comments regarding the establishment of
Neighborhood Empowerment Zone III. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmember Austin, Neal, Sonnier, and Root.
Noes: None.
b. Allen Nation, Executive Director of Adaptive Sports for Kids (ASK), gave an update
on the construction being done at the Babe Ruth Park and invited everyone to
attend ASK's Baseball Opening Day on March 19, 2022 at Noon. Mr. Nation
thanked the City of Nederland for all their support over the last 11 years. Athletes
presented t-shirts to councilmembers and took pictures. No action was necessary.
c. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to approve Ordinance No. 2022-05, declining to approve the change in
rates requested by Entergy Texas, Inc.'s Statement of Intent filed with the City on
January 31, 2022. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
d. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Neal to authorize a Request for Qualifications for engineering work on the HMGP
Library Generator project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
e. A motion was made by Councilmember Root and .seconded by Councilmember
Sonnier to amend the pay plan for Volunteer Firefighters effective October 1, 2021.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
f. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Austin to receive the Racial Profiling Report from the Nederland Police Department
in accordance with Articles 2.131 - 2.138 of the Texas Code of Criminal Procedures.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
g. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern
Austin to approve Ordinance No. 2022-06, amending the fiscal year 2021-2022
budget. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
Minutes Continued, February 28, 2022
h. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Root to authorize the purchase of playground equipment for 5th Street Park, in the
amount of $52,242.80, via state-approved contract. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
i. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to engage Recyclops for a recycling collection event trial program.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
j. A motion was made by Councilmember Neal and seconded by Councilmember Root
to approve Ordinance No. 2022-07, regulating tree clearance across city streets.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
k. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to approve a request from Buckstin Brewery to operate a beer garden on
March 16th - 19th MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
I. 2022 General Election:
i. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern
Austin to approve the Certificate of Unopposed Candidates for the general election
scheduled for May 7, 2022. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
ii. A motion was made by Councilmember Sonnier and seconded by Mayor Pro
Tern Austin to approve Ordinance No. 2022-08, declaring unopposed candidates in
the May 7, 2022 general city election and cancelling said election. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• Chris thanked the Parks Department staff for assisting with the
Hooked on Fishing Not on Drugs event.
• Trash Bash will be held this Saturday.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Councilmember Root to adjourn the meeting at 5:36 p.m. MOTION CARRIED.
Minutes Continued, February 28, 2022
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
`Cae°4 0�; s• °°.C-7 on Albanese, Mayor
e , �' City of Nederland, Texas
41 " MO10(
Gay Fergu.li n, City CleIL/
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor V
Talmadge Austin Council Member—Ward I V
Billy Neal Council Member—Ward II V
Randy Sonnier Council Member—Ward III V
Sylvia Root Council Member—Ward IV V
Chris Duque City Manager V
Gay Ferguson City Clerk V
Jesse Branick City Attorney
VCheryl Dowden Director of Finance
Gary Porter Police Chief v
Terry Morton Fire Chief /
Robert Woods Director of Public Works V
George Wheeler BuildingOfficial V
9
Molli Hall Librarian V
Holly Guidry Human Resources Director V
Executive Secretar
y
Underwood ecut
Angela Fanette Parks Director
Do Albanese, ayor
Gay Ferguso ity Cler
February 28, 2022
Date
.00N 0
ALLISON NATHAN GETZ 'il=1, - 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 $2,253,320.30, represents all taxes collected for CITY OF NEDERLAND
during the month of January 2022.
aibad;1uttgial04
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. 2022-05
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF : NEDERLAND, TEXAS . . ("CITY")
DECLINING TO APPROVE THE CHANGE IN
RATES REQUESTED BY ENTERGY TEXAS,
INC.'S ("ETI" OR."COMPANY") STATEMENT OF
INTENT FILED WITH THE CITY ON JANUARY
31, 2022; FINDING AND DETERMINING THAT
THE MEETING AT WHICH .THIS ORDINANCE
WAS CONSIDERED WAS OPEN TO THE PUBLIC
AND IN ACCORDANCE WITH STATE LAW
WHEREAS, ETI filed with.the City its Statement of Intent and Application for
Approval of Two Voluntary Renewable Option Tariffs, Rider SVRO and Ride LVRO
("Statement of Intent");and
WHEREAS,the Cityy has duly noticed its consideration of the Company's Statement
of Intent and is acting within its authority under applicable law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:.
Section 1. That the statement and findings set out in the preamble to this
Ordinance are hereby in all things approved and adopted.
Section 2. The City of. Nederland.hereby DECLINES to approve any and all
changes in rates requested by ETI and included in ETI's Statement.
of Intent and that ETI's proposed new rates should not be made
effective.
Section 3: The meeting at which this ordinance was approved was in all things
;conducted in strict compliance with the Texas Open.Meetings Act,
Texas Government Code,Chapter 55.1.
Section 4. This ordinance shall become effective from and after its.passage.
PASSED AND APPROVED this 28TH day of FEBRUARY,2022.
�\aiw:n0111/
• 4� NEDeis, ,,
A: i /
v: �' �4, r 1 '= Don Albanese,Mayor
=n�•� - "l'it/� zY City of Nederland;Texas
ay Fergus ,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse :rani ityAttorney
City.f -derland,Texas
ORDINANCE NO.2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2021-
2022 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No. 2021-15 which adopted
the Fiscal Year 2021-2022 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 2021-2022 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30;2022 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2021 and ending September 30,2022,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 2021-2022 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
REGULAR MEETING THIS THE 28th DAY OF FEBRUARY,2022.
•
�, _ Don Albanese,Mayor
City of Nederland,Texas
ay Fergus'dn,City Clerk / U"\-- . ..
APPROVED AS TO FORM AND LEGALITY:
Jess: : ,City Attorney
1 .
P
CITY (•F IlEI ERL,A r°N
E U IPGET REND ENT ra E !UEST
FISCAL YEAR: 2021-2022
DATE: February 28,2022
DEPARTMENT: Various
FUND: General(01),Water&Sewer(50)
Dispatch (70)
AMOUNT .
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE 1 BUDGET ` (DECREASE) BUDGET
,
!01-0000-4120 Industrial in lieu of Tax Payments 2,365,000 # S
101-1900-6341 Insurance General 17,000 ! I I ± I •
f d E
:01-2100-6341 ;Insurance General 37,000 : S ' • :
:01-2200-6341 !Insurance General 24,000.� • ; ,
1E , ;
01-3000-6341 :Insurance General 28,500 i i ` • I I I
!01-5100-6341 !Insurance General 34,000
t t 101-5500-6341 'Insurance General 38,000 6,040 I 44,040 i
101-9000-6371 ;Senior Citizen Center 54,000 I 2,200 56,200 I
'
a i ! i
50-6000-6341 _ ilnsurance General 122,000 ! 32,000 154,000
50-6200-6341 Insurance General 170,000 13,150 , 183,150 i
1
170-1700-6341 ilnsurance General 5,900 1 (3,170) 2,730 .
L2b006341 !Insurance General 9,000 ¢ 11,000 ; 20,000 1
TsTAL 2,904,400 113,620 : 3,018,020
JUST FDCAT O'
Funds are allocated for the Windstorm Insurance renewal. Additional funds are needed in the following
departments.
Dept. Head Signature: Date:
Finance Director: Date: -
Date Approved: Date Posted:
ORDINANCE NO. 2022-07
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS,AMENDING CHAPTER
54. HEATLH AND SANITATION WITH TREE
CLEARANCE REGULATIONS ACROSS CITY STREETS,
PROVIDING PENALTIES AND FINES, REPEALING
ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT
BE IN CONFLICT WITH THIS ORDINANCE, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council desires to amend Chapter 54. Health and
Sanitation. of the Code of Ordinances to address Tree Clearance regulations across
City streets.
WHEREAS, the City Council finds that the terms and provisions of this
ordinance are in the public interest and it is necessary to establish rules and
regulations regarding tree clearance across City streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND,TEXAS THAT:
Section I.
The above recitals are hereby found to be true and correct and
incorporated herein for all purposes.
• Section II.
Chapter 54 — Health and Sanitation, of the Code of Ordinances of the
City of Nederland, Texas is hereby amended by adding Article IV. Tree Sec.
80-85.
Sec.54-80. Tree Trimming.
(a) All property owners of real property on which there are trees in the yard area
with branches that extend into or over the space of any street,alley or public
roadway shall periodically inspect such trees to determine the extent of
overhang or lateral protrusion into or over such streets, alleys, or public
roadways.
•
(b) To prevent scratch damage to motor vehicles, improve driver visibility, and
promote public safety,overhanging branches of trees shall not extend lower
than 14 feet above the surface of any street, alley or public roadway. Tree
branches below 14 feet that extend laterally toward the roadway are to be
trimmed or pruned back to a distance of not less than 5 feet from the edge of
the paved surface of the street,alley,or public roadway or flush with the trunk
of the tree if the tree is closer than 5 feet to the edge of the paved portion of
the street.
(c) Property owners shall pay particular attention to those conditions where tree
branches or foliage may restrict the view of motor vehicle drivers at public
road junctions and intersections.Additionally,trees and tree branches that are •
dead, diseased or otherwise weakened, and extend out and over the public
roadways and are above the 14-foot height space requirement, shall be
considered to be hazardous trees in accordance with the terms of this
Ordinance and shall be cut at the trunk or,where appropriate, pruned, and
removed.
Sec.54-81. Notice to remedy condition.
Whenever any condition described in this article is found to exist on any premises
within the city,the owner of the premises shall be notified by the city to correct,
remedy or remove the condition within seven days of notice of the violation. In
notice provided under this section the city may inform the owner by regular mail
and a posting on the property that if the owner commits another violation of the
same kind or nature that poses a danger to the public health and safety on or
before the first anniversary date of the notice,the city without further notice may
correct the violation at the owner's expense and assess the expense against the
property. If a violation covered by a notice under this section occurs within the
one-year period,and the city has not been informed in writing by the owner of all
ownership change,then the city without notice may take any action permitted by
and assess its expenses as provided.
Sec.54-82. Refusal to comply with notice.
If the owner of property in the city does not comply with notice to correct,remedy
or remove the condition within seven days after notice of a violation,the city may:
(1) do the work or make the improvements required; and (2) pay for the work
done or improvements made and charge expenses to the owner of the property.
The city may assess expenses incurred against the property on which the work is
done or improvements made by obtaining a lien against the property in
accordance with the provisions of this Article.
Sec.54-83. Statement of work done by City.
Whenever any work is done or improvements are made by the City under this
Article,the mayor, city health authority or city official designated by the mayor,
on behalf of the city,shall file a statement of the expenses incurred thereby with
the county clerk.Such statement shall give the amount of such expenses,the date
on which the work was done or the improvements were made,the name of the
owner of the property,if known,and the legal description of the property.
Sec.54-84. Lien.
After the statement provided for in this Article is filed, the City shall have a
privileged lien on the property described in the statement upon which the work
was done or the improvement was made,to secure the expenses thereof.Such
lien shall be second only to tax liens and liens for street improvements,and the
amount thereof shall bear interest at the rate of ten percent per annum from the
date of payment by the city. For any such expenditures and interest,suit may be
instituted and recovery and foreclosure of the lien may be had in the name of the
city,and the statement of expenses made in accord with this Article,or a certified
copy thereof,shall be prima facie proof of the amount expended for such work or
improvements.
Sec.54.85. Penalty for violation.
Any owner of property within the municipal jurisdiction of the city, agent of any
such owner, or occupant of any such property or premises, who shall violate
sections 54-80 or who shall fail, or neglect or refuse to comply with the notice
served upon him as so provided shall be deemed guilty of a misdemeanor and,
upon conviction,shall be fined not less than$100.00 nor more than$2,000.00.
Section III. Repealing Clause
All ordinances or parts.of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall only
to the extent of such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and.governing the subject matter
covered by this ordinance.
Section IV. Severability Clause
If any provision, section, exception, subsection, paragraph, sentence,
clause, or phrase of this ordinance or the application of same to any person or
the set of circumstances,shall for any reason be held unconstitutional, void or
invalid, such invalidity shall not affect the validity of the remaining provisions
of this ordinance or their application to other persons or sets of circumstances
and to this end all provisions of this ordinance are declared to be severable.
Section V. Effective Date
This ordinance shall take effect 120 days from and after its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,
Texas this the a%fin day of February , 2022.
Don Albanese, Mayor
t lr
Gay Fergus n, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Jesse c ity Attorney
CITY OF NEDERLAND -
ORDINANCE NO.2022-08
AN ORDINANCE DECLARING UNOPPOSED
CANDIDATES IN THE MAY 7, 2022 GENERAL CITY.
ELECTION ELECTED TO OFFICE; CANCELING
THE ELECTION; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the general city election was called for May 7, 2022, for the
purpose of electing a Mayor and two members to the City Council; and
WHEREAS, the city clerk has certified in writing that there is no
proposition on the ballot, that no person has made a declaration of write-in
candidacy, and that each candidate on the ballot is unopposed for election to
office; and
WHEREAS, under these circumstances, Subchapter C, Chapter 2,
Election Code, authorizes the City Council to declare the candidates elected to
office and cancel the election;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND,TEXAS .
Section 1. The following candidates, who are unopposed in the May 7,
2022, general city election, are declared elected to.office, and shall be issued
certificates of election following the time the election would have been
canvassed:
Mayor Don Albanese
Council Ward I Talmadge Austin
Council Ward III Emmett Hollier
Section 2. The May 7, 2022, general election is canceled, and the city
clerk is directed to cause a copy of this ordinance to be posted on election day at
each polling place that would have been used in the election.
Section 3. It is declared to be the intent of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this
ordinance is declared invalid by the judgment or decree of-a court of competent
jurisdiction, the invalidity shall not affect any of the remaining phrases,clauses,
sentences, paragraphs, or sections of this ordinance since the City Council would
have enacted them without the invalid portion.
Section 4. This ordinance shall take effect upon its final passage, and it is
so ordained.
PASSED AND APPROVED this the 28th day of.February, 2022.
on Albanese, Mayor
p• r y `p City of Nederland,Texas
cF�\\
ay Ferg on, City CI rk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
0.r C---
J-sse I ick, City Attorney
ity o •`ederland,Texas