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March 14, 2022
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. March 14, 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 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 Councilmember Root and seconded by Councilmember Neal to approve the Consent Agenda Items a-c as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. a. Minutes - February 28, 2022 regular meeting b. Consider action regarding a request from First Baptist Church to utilize Doornbos Park for their annual Easter Fest. c. Consider action regarding a request from Brian English to utilize the Nederland Recreation Center for spring and summer basketball league. 4. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve a proclamation in regard to American Red Cross Month. MOTION CARRIED. Ayes: Mayor Albanese, Councilmember Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. Minutes Continued, March 14, 2022 b. Chris Duque, City Manager, recognized the Jefferson County Master Gardeners Club (David Oates, Michael Smith, Eleanor Lasenby, Dovie Smith, James Wienert, Marianne Kirkpatrick, Emily Auzenne, Carolyn Bauas, Judy Starr and Allison Garrett) for their volunteer work planting tulip bulbs on Boston Avenue in preparation of the Nederland Heritage Festival. c. The regular meeting was recessed and a Public Hearing was called to order at 4:40 p.m. by Mayor Albanese for the purpose of receiving comments regarding the establishment of Neighborhood Empowerment Zone III. Chris Duque, City Manager, said this public hearing is being held to discuss the proposed Neighborhood Empowerment Zone III to permit interested persons to comment, question, or discuss the proposed new zone. The State of Texas via Section 378 of the Texas Local Government Code provides municipalities a framework and authorization to provide certain incentives to both residential and commercial property owners, with the goal of achieving re-development of targeted areas by the creation of the Neighborhood Empowerment Zone (NEZ). The first NEZ was established in 2016; the second NEZ was established in 2018. Henry LaBrie, the developer of Mid-County Plaza in front of the airport requested the City create a third zone to facilitate property tax abatement and other development incentives. No action is necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:41 p.m. by Mayor Albanese. d. A motion was made by Councilmember Neal and seconded by Councilmember Root to approve Resolution No. 2022-04, designating the creating Neighborhood Empowerment Zone III. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. e. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve an Interlocal Agreement between the City of Nederland and Choice Partners, a division of the Harris County Department of Education of the performance of governmental functions and services. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. f. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve Change Order #2, in the amount of $92,992.00, for the Wastewater Treatment Plant Improvements Phase 2 project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. g. Chris Duque, City Manager, reported on the Non-Profit Partnership Grant Program. He said applications are slowly being submitted in spite of the media and email push the City has undertaken. Due to the low participation level he recommended the Notice of Intent to Participate deadline be delayed until Friday, April 8th. Minutes Continued, March 14, 2022 A motion was made by Councilmember Neal and seconded by Councilmember Root to delay the deadline to submit the Notice of Intent to Participate in the City of Nederland Non-Profit Partnership Grant program until April 8, 2022. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tem Austin. h. Bids/Purchases: i. A motion was made by Councilmember Neal and seconded by Councilmember Root to approve an agreement with Library Interiors of Texas in regard to the moving of the library's shelves during the flooring project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. ii. A motion was made by Councilmember Root and seconded by Councilmember Neal to engage Sky Wonder Pyrotechnics, LLC for the July 4th Fireworks Extravaganza event. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. iii. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve an agreement for consulting services with HUB International related to employee group benefits. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. iv. A motion was made by Councilmember Root and seconded by Councilmember Neal to authorize a Request for Proposals for employee group benefits (health, dental and vision insurances). MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. i. Pat O'Neill, Wathen, DeShong & Juncker, LLP, were present to review the Comprehensive Annual Financial Report (audit) for the fiscal year ending September 30, 2021. He summarized the auditor's report and stated it was a clean audit opinion. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to accept the Fiscal Year 2020-2021 audit as prepared by Wathen, DeShong &Junker, LLP. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. 5. COMMUNICATION City Manager's Report: Minutes Continued, March 14, 2022 a. Miscellaneous: Robert Woods gave a brief construction work • Hodgson Road Lift Station - Representatives from the manufacturer are scheduled to be on site within the next few weeks. Still having some issues with the new pumps. • Wastewater Lift Station Generators - Contractor has received one of the four generators and the remaining generators are estimated to be delivered mid-April. • Wastewater Treatment Plant - Scheduled for completion mid- May. • Flexible Street Rehabilitation - Bid opening was held on March 3rd. Consideration of award is scheduled to be on the agenda for the March 28th City Council meeting. • Concrete Street Rehabilitation - Contractor is working Avenue H and 27th Street while school is on bring break. The Babe Ruth Parking Lot has been completed. • Avenue N and 17th Street Drainage Project - A pre-construction meeting was held on March 2nd. Materials have been ordered and scheduled for delivery late May. • LNVA Project - Contractor is working on Canal Street bridge segment. • NISD School Projects - Nederland Bulldog Stadium water and wastewater tie-ins to city mains have been completed. Work has begun on private storm sewer lines at Langham Elementary. Contractor will begin working on public utilities at the end of March to mid-April. • Twin City Highway TxDOT project - The contractor is Select Maintenance and they are planning to start work on the night of March 21st and finish end of August. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Neal to adjourn the meeting at 5:19 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Sonnier, and Root. Noes: None. Absent: Mayor Pro Tern Austin. „0" uuiII",,,o' or;,NE® 1° _v.t a `4 * F\ �1. = Don Albanese, yor a:. � :!:0 City of Nederland, Texas PG y Fergusd, City Clerk , , ./. .._4,/I City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor 1\/ Talmadge Austin Council Member-Ward I V Billy Neal Council Member-Ward II V Randy Sonnier Via Zook- Council Member-Ward III V Sylvia Root Council Member-Ward IV N Chris Duque City Manager v V //Gay Ferguson City Clerk Jesse Branick City Attorney V Cheryl Dowden Director of Finance Gary Porter Police Chief v Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Molli Hall Librarian Holly Guidry Human Resources Director V Joni Underwood Executive Secretary V Angela Fanette Parks Director Of5W Z..-.P-Ite__..-- 1 In Albanese, Mayor 10 A . y Fergus.4, Ci y CI k March 14, 2022 Date RESOLUTION MC 2©22-04 A E' E SODUTIION OF THE CIITY Cc•?EED CIIL OF THE CITY OF E> EDERLANE , TEXAS, DESIGNATING 1G LAND CE%IEATIIi G A NEIGHBORHOOD OOD EMPc• MENT ZONE, NUMBEEE. TE'H" E E, THE CITY OF NEE WE P.lE AND, AND E,`�EE Ai aE G THE NECESSARY CE SSARY FENN ENOS OF PUBLIC LIIC BENEFIT JE EFIIT AN A . PUBLIC PURPOSE R OSE Ti) SUPPORT ORT THE CREATION ATIION OF THE ZONE IN THE CITY OF THE pU E Prt.)SE OF DEVELOPMENT LOPM NT AND RE— DEVELOPMENT WEEP P EEAS, the Nederland City Council desires to see the re-development and re-vitalization of targeted areas of the City; and 9EEiELEREElAS, the creation of affordable housing coupled with economic development, and the increase in social services, education, and public safety are also high priority issues for the City; and O-BErEE/AS, the City has investigated different economic development tools used in other municipalities, and determined that Neighborhood Empowerment Zones have been used effectively and with positive results in other communities facing the same economic challenges facing the City of Nederland; and WHEREAS, the State of Texas, through the Neighborhood Empowerment Zone program, as codified in Section 378 of the Texas Local Government Code, has provided municipalities a framework and authorization to provide certain incentives to both residential and commercial property owners, with the goal of achieving redevelopment of targeted areas via the creation of a Neighborhood Empowerment Zone; and WHERE";S,.the City of Nederland, pursuant to Section 378.003, makes the necessary findings that the City and area within Nederland NEZ #3 will benefit the area, and serve the public purpose of increasing public health, safety and welfare of persons in the municipality; and VitHIEEREE SS,the creation of Nederland NEZ #3 by the Nederland City Council does satisfy the requirements set forth in Section 378.002; and WHEREAS, with the Nederland City Council also supports the previously approved Neighborhood Empowerment Zone Incentive Policy, which set the general framework for how the NEZ #3 will incentivize development and redevelopment within the boundary of the Zone. NOW, THEREFORE, BE 8T RESOLVED BY THE = If COMM. OF THE CITY OF 1EEDEERL/AND,TEXAS, THAT: 1. The area delineated in the attached map is designated as the Nederland Neighborhood Empowerment Zone Number Three (NEZ #3), City of Nederland. 2. The City Manager's Department will be responsible for the program, and authorizes that Department to prepare an application and administrative procedures for the implementation of the NEZ program. 3. The previously approved guidelines (Neighborhood Empowerment Zone Incentive Policy) will serve as the framework for the implementation of the program. PASSED AND APPROVED by the City Council of the City of Nederland this the 14TH day of March, 2022. ,\‘‘'F IVEDF,Q ;; tCr- L ply- � Don Albanese, Mayor or - l y c1 �� , �o City of Nederland, Texas Cifa awtort Gay Fe�on, City Clerk APPROVED AS TO FORM AND LEGALITY: Je: - ick, City Attorney