April 11, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. April 11, 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 III.
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-d as presented. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
a. Minutes - March 28, 2022 regular meeting
b. Consider action regarding a request from the Nederland Independent School
District to utilize the Nederland Swimming Pool, Recreation Center, and Doornbos
Park for end of the year parties.
c. Consider action regarding a request from the Port Neches Groves Independent
School District for Ridgewood Elementary School to utilize Doornbos Park for a
school field trip.
d. Consider action approving Resolution No. 2202-05, ratifying the action of the
Nederland Economic Development Corporation Board of Directors in regard to the
demolition of 1131 Atlanta, 1125 Atlanta Avenue, 1119 Atlanta Avenue, and 147
Twin City Highway.
Minutes Continued, April 11, 2022
4. REGULAR AGENDA
a. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Austin to approve a proclamation in regard to National Fair Housing Month.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
b. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to receive the Quarterly Investment Report from the Finance Department.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmember Austin, Neal, Sonnier, and Root.
Noes: None.
c. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Root to approve Ordinance No. 2022-11, suspending the rates proposed by
CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and
CenterPoint Energy Texas Gas Company's Reliability Infrastructure Program filing
made on March 3, 2022. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
d. A motion was made by Councilmember Sonnier and seconded by Councilmember
Root to approve Ordinance No. 2022-12, establishing hours of operation and fees
for the Nederland Swimming Pool. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
e. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Austin to authorize the submission of a Body Warn Camera grant application.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
f. Chris Duque City Manager, reported the property located at 1620 Avenue C, owned
by Gwendolyn and Terry Pruitt, was found to be substandard at the City Council
meeting on February 14th. Their son, James Pruitt, was in attendance at that
meeting and stated the property had been sold and the new owner would be
demolishing the structure. That purchaser has since backed out and the property
was sold to Mr. L. Washburn on April 5th. The utilities are in the process of being
disconnected and a contractor is being procured for the demolition of the structure.
City staff is requesting giving an additional 45 days for the demolition to be
completed.
A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Austin to allow an additional 28 days for demolition work at 1620 Avenue (Lot 20,
C. Doornbos Addition). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
Minutes Continued, April 11, 2022
g. Chris Duque, City Manager, said the owner of property located at 215 23rd Street
was given 45 days to tear down the top floor of the structure and reroof at the
February 14th City Council meeting. The overwhelming majority of the garage
structure is taken down, but the side of the existing structure is still using tarps
for its exterior wall sheeting. In order to come into compliance, this must be
closed with proper exterior sheeting and covering. Staff recommends providing
the property owner an additional 28 days to meet the February 14th order.
A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Austin to give an additional 28 days for work at 215 23rd Street (Lot 9, Block 5,
Hilltop Addition). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
h. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to approve a contract extension, through June 30, 2023, with DRC
Emergency Services, LLC for debris removal and emergency response products,
equipment and services. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
i. A motion was made by Councilmember Sonnier and seconded by Councilmember
Root to approve Change Order No. 1, a reduction of $101,294.16 reflecting final
quantities, for the 2021 Flexible Pavement Rehabilitation (hot mix overlay) project.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
j. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Austin to approve final payment and release of retainage for the 2021 Flexible
Pavement Rehabilitation (hot mix overlay) project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
k. A motion was made by Mayor Pro Tem Austin and seconded by Councilmember
Root to authorize the purchase of a garbage truck via state-approved contract.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
Chris Duque, City Manager, reported on the City of Nederland Non-Profit
Partnership Grant Program. At the February 14th City Council meeting, the City
established the first Coronavirus Local Fiscal Recovery program - the City of
Nederland Non-Profit Partnership Grant Program. Five hundred thousand dollars
were allocated for this program, and at the time of approval, the Program
included a cap of$25,000 per non-profit organization. The funds are available to
assist non-profit organizations that have had a loss in revenue due to the impacts
of the COVID-19 pandemic, that have experienced greater expenditures in
providing services to the community, and that are providing specific services to
the community via a program or project.
Minutes Continued, April 11, 2022
The first step in the process was the Notice of Intent to Participate, which was
due by April 8th. This preliminary step was necessary to allow us to better assess
the demand for this Program.
The next step is to authorize the final guidelines of the Program and authorize
the acceptance of applications.
The final guidelines reflect the American Rescue Plan Act Final Rule that was last
updated in January. Noticeable updates include:
• Noting the preference of non-profit organizations classified as 501(c)(3) and
501(c)(9); non-profits without these classifications may be funded and their
applications will still be accepted and reviewed; churches may present an
issue because not all have the 501(c)(3) due to it not being required by the
IRS;
• Reimbursement for loss of revenue or greater expenditures is calculated
beginning on March 3, 2021;
• Funds cannot be utilized to support worship or religious instruction;
• Lost revenue does not include church tithes;
• All applicants must certify that they offer services regardless of political or
religious opinions or affiliations, age, sex, race, color, national origin, marital
status, disability, or sexual orientation.
Applications with all necessary supporting documents must be submitted by June
3rd. Applications will be reviewed and approved by the City Manager and City Clerk.
It may be possible that the original $500,000 allocation is not sufficient; if this
occurs, an item will be placed on the agenda to discuss the possibility of adjusting
the program allocation.
A motion was made by Councilmember Sonnier and seconded by Councilmember
Root to approve grant guidelines and to accept applications from agencies which
submitted their Notice of Intent to Participate in the City of Nederland's Non-Profit
Partnership Grant Program. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:08 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.072 — Deliberation about Real Property.
6. RECONVENE
The regular meeting was reconvened at 5:36 p.m. by Mayor Albanese. He announced
the Executive Session was held for informational purposes only and no action is
necessary.
Minutes Continued, April 11, 2022
7. COMMUNICATION
a. City Manager's Report: Robert Woods gave a brief construction update:
• Hodgson Road Lift Station - Manufacture representatives will
be here at the end of this month to discuss pump issues.
• Wastewater Lift Station Generators Project- one generator has
been delivered and the other three are expected mid-April.
Generator pads have been poured at all site locations
• 2022 Concrete Street Rehabilitation project - Project is 30%
complete. Contractor hit a gas line on Avenue H on April 8th
and repairs were completed on April 9th.
• Avenue N and 17th Street Project - There has been a delay in
receiving materials and expected delivery date is mid-June.
b. Next City Council meeting is April 18th
c. Early Voting for the school district will begin April 25th at City Hall.
Election Day is May 7th.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Councilmember Root to adjourn the meeting at 5:40 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
=moo^` j \ • - t
- Don Alba ese, Mayor
r) . .
e� City of Nederland, Texas
=;per' ° ,
Payet,LA/Aor ,,,,,,n,_
Fergusi, Citerk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
- NAME TITLE PRESENT ABSENT
Don Albanese Mayor ✓
Talmadge Austin Council Member—Ward I ✓
Billy Neal Council Member—Ward II ✓
Randy Sonnier Council Member—Ward III ✓
Sylvia Root Council Member—Ward IV ✓
Chris Duque City Manager ✓
Gay Ferguson by ,(1,1 City Clerk
Jesse Branick City Attorney ✓
Cheryl Dowden Director of Finance •
Gary Porter Police Chief ✓
Terry Morton Fire Chief
Robert Woods Director of Public Works
George Wheeler Building Official >�
Molli Hall Librarian
Holly Guidry Human Resources Director, ✓
Joni Underwood Executive Secretary ✓
Angela Fanette Parks Director
pew
Don Albanese, Mayor
C �
GayFer use Cit Clerk U
9 Y
April 11, 2022
Date
RESOLUTION 2022-05
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 Gb Dumpster and Demo, in an
aggregate maximum amount of not more than Fifteen Thousand dollars ($15,000.00), 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 28th day of March ,2022 at which meeting
a quorum was present and voting.
„,,,,, ID,,,,,,,
'\ °z` Don Albanese,Mayor
O ;4 City of Nederland,Texas
•
or
III 100\
ay Fer n,City Cler
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
7
Jesse B anic ty Attorney
City ., Nei -rland,Texas
,
PASSED AND APPROVED ON.THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS this ltthday of )j.n / _,h 2022 at
which meeting a quorum was present and voting.
1
�o .P - `` .Via, Ao'� f(ti = kg-ft
lbanese,Mayor
e� ' °o` City of Nederland,Texas
-4 /--
ay Fergu n,City Clerl
' City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
/. a.oc.
Jesse : , rty Attorney
City . -:er and,Texas
ORDINANCE NO. 2022-11
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 ENERGY ENTEX AND
CENTERPOINT ENERGY TEXAS GAS
("CENTERPOINT" OR "COMPANY")
COMPANY'S. GAS RELIABILITY
INFRASTRUCTURE PROGRAM ("GRIP")
FILING MADE WITH THE CITY ON MARCH 3,
2022; 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 3, 2021, 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, the Company proposed an effective date for the
proposed increase of May 2, 2022, unless the City suspends the date for
a period no longer than forty-five (45) days; and
WHEREAS, the City has exclusive original jurisdiction over the
rates, operation, and services of a gas utility in areas in the municipality
pursuant to Gas Utility Regulatory Act § 103.001; and
WHEREAS, 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 review of CenterPoint's GRIP filing is limited
to a ministerial review of the filing for compliance with the statute; and
WHEREAS, the City finds the need to suspend the effective date
of CenterPoint's proposed rate increase for 45 days beyond the
Company's. proposed effective date until June 16, 2022 in order to
review the Company's filing for compliance with Gas Utility Regulatory
Act § 104.301; and
WHEREAS, the reasonableness of the Company's investment will
be reviewed in CenterPoint's future 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 I. 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 the Company's proposed GRIP
rate increase and the proposed tariffs related thereto,
is hereby.suspended until June 16, 2022.
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 by operation of law on June 16, 2022.
Section 4_ The meeting at which the ordinance was approved
was in all things conducted in strict compliance with
the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 5. This Ordinance shall become effective from and after
its passage.
PASSED AND APPROVED this 11-111 day of APIRIL, 2022.
``ytiluulrrnrdrr `l
zy on Albanese,Mayor
'1 .°v City of Nederland,Texas
...•'4ey
Gay Fergus ,City Clerk
City of Nederland,
APPROVED AS TO FORM AND LEGALITY:
Jess rani k! ity Attorney
Cit of derland,Texas
ORDINANCE NO. 2022-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS ESTABLISHING HOURS OF
OPERATION, PROCEDURES, FACILITY RENTAL FEES,
POOL RENTAL/PASSES, AND LEAGUE FEES FOR THE
NEDERLAND RECREATION CENTER AND THE
NEDERLAND SWIMMING POOL AS SHOWN IN EXHIBIT"A";
REPEALING ORDINANCE NO. 2021-11; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Nederland has been presented with hours of
operation, procedures, and a schedule•of fees for the Nederland Recreation Center and the
swimming pool for its acceptance and adoption;and
WHEREAS,the City Council of the City of Nederland deems it advisable and to be in the
best interest of the citizens of Nederland to adopt the hours of operation, procedures, and fee
schedule for the Nederland Recreation Center and the swimming pool as shown in Exhibit"A"
attached;and
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
Section 1. The hours of operation, procedures, and fee schedules as shown in Exhibit
"A"attached,which is incorporated herein by reference,is hereby approved
and adopted;and
Section 2. Ordinance No. 2021-11 shall be repealed when this Ordinance becomes
effective;and
Section 3. This ordinance shall take effect and be in force from and after its passage.
PASSED AND APPROVED by the City Council of the City of Nederland this the 11TH day of
APRIL,2022.
0"`""iuuu",
OFEDe/fL
ly. = Don Albanese,Mayor
S.
City of Nederland,Texas
OF 3%, -
„"
)40A ka a (u/YriA
Gay FergusoU City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
c . .
Jesse ranick 'ty Attorney
City o- er and,Texas
HOURS OF OPERATION - Posed rop
Times Monday Tuesday Wednesday Thursday Friday Saturday Sunday
10:15AM •
10:30AM •
10:45AM ,
11:00AM
11:15AM •
11:30AM
11:45AM "
12:00PM
G
12:15PM
12:30PM ,a,,,*, �x '3 f �+"^ 9 -'11`'' `r .?' —.1. -- 1, ; y, �x"-r + ,.sk g gZh
1:00PM • & Y�'
,,,, ,te a 4,,.';y . g«x
1:30 PM � . -� F3 F 1
1:45 PM ,-• ,, ,-f F k Y ,..
- a 1 r;. f > W4 ate-. W t r s
1
2:15PM rr a � 4
2:30PM e'
2:45 PM r q Open Swrm
3:00 PM ' �. 'x VENSt 33 fi -�100 5 00pm
3:15 PM
1 .£- �xU F Y- ° .e. - 'fig.. t s3 y a
3:30PM ,
{ Open Swrm Open Swim Open Swrm ripen Swim
4:00 PM • •r 100 7 OOpm 100 7 00pm g100 7 00pm 100 7 00pm
4:15 PM • r
4:30 PM h , .,4
4:45 PM a�• , • N Ar
5:00 PM .. - _; `r , s A` ,� y 1,
5:005 PM <.g t
•`o -s'"I ,.... . r t t:_ Fla d - .,�, #4• ,,, °=<;x .z
5:30 PM f. s , M
5:45PM � � r x,� R,:
6:00 PM 'K *•, 4- z F n ., Pri(v��ate
Y' it{t u3 f to k5:30-
0.
,� � �- R n� ;
-134,,v: .
6:15 PM rr s , g
6:30PM d � 4DD
+ y E 4 £ 5 3 tv a
6:45 PM� � t mot, n •�4,,
"w'` , ,' s s,r s' '. - s`,„ : 'ma's
•
p' i _ w.iz-- s .A'`€r yr` -sue" q ti� r 4,` g ,, r
7 15„PM a x t- s$ �i�; o��0� . . `des E -- a
8:45 PM h r '' Private RerItal P ivate,,Rental SPnvate yRental Private Rental
t..'•.. a
0'j-:g,-z,,,
r 730p 900404, 73®p 9 00p 7 30p`'9 p - 7:30p 9 00p
8:15 PM
`� q 4s ,, �� TBDli TBD s x �•v�,TBD�3 TBD _
4 j7 ¢ a. 'I
.. ', 1 1 1 1., t- f.k fiv I-
9:15 PM € —
" : $a � �` vfi't' Y �
9:30 PM st _:._�_
� a
POOL FEES
CURRENT
Resident Non-Resident
PRIVATE POOLPARTY
e v a
r x .�z _ Stygatinka
1-25 swimmer 1 1 x y °'
261**immersy B-k- 3
TEN PERSON,BIRTHDAY PARTY,,.0111?. zwalitti } '.$ ��`1Y25
M;
40n0es and up 4 `$ _4 00- 'Y$ 10 00 =
41 48 inches with adult admin 1,, k; - $,{,,;t2 00
iUnder4l inches with adult:admiin Free L $ 3 00
Y Y •1 rT
Senior C tizen.(overrage of 23
$5} .<-- ' ...-, $•T 3 001
Adultwith Military,.ID _ <:12 ..r>1 10131111 ,.4 �f` 1 a,0
SWIM LESSON ... r _ M,
Air
Season Swim Passes*-Proposed ' 'F
Single(resident): $80 n . :,
Single(non-resident): $160 `u
mo-
Family of 4(resident): $160 add$1Otper additionalnembers up to seven total
Family of 4(non-resident): $260 5add$10 peg additional members up to seven total
Monthly Swim Passes* x F ;.
Single (resident):• 440 •f - P `'
Mq
Single (non-resident): : t$8b, Yy*o;
Family of 4(resident): ' \.$80414dd 00 per additional members up to seven total
Family of 4(non-residentAft $160, add,$:10 per additional members up to seven total
Replacement Pass $10#
A total of50 family passes and 25tncivdual passes will be available for purchase each season.
Notes: 40'
:F .Y
01
Open Swim: � e 7 �
o During the dailyOp'en Swim,thefee for admission for residents and non-residents is half the normal
price for the final hour of open>swim.
Single pass; ,s F gmL
o Onlyvalid for swimmers over the age of 10.
o Parent consent and emergency contact information required at application.
o =No admission/attendance requirements.
Family p ,,asset
o Alt children„under age of 10 require parent/guardian/adult supervision at all times, no exceptions.
o All children under the age of 14 require adult supervision.
o Non-relative adults(baby-sitters, neighbors, etc) may be listed on application.
o Additional members may be added up to seven (7)family members. Changes cannot be made to
the pass during the pool season.
City of Nederland Employees:
o City employees and their family members residing in their household(up to 5 family members total)
receive use of the swimming pool during Open Swim times at no cost. The City Manager or their
designee has the discretion to define"family member residing in household".