May 23, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. May 23, 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 Sonnier and seconded by Councilmember
Austin to approve the Consent Agenda Items a-d as presented. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
a. Minutes - May 9, 2022 regular meeting and May 16, 2022 special meeting
b. April 2022 Departmental Reports
c. Tax Assessor Collection Report - April 2022
d. Consider action regarding a request from Fellowship Baptist Church to utilize
Doornbos Park for movie night open to the public.
4. REGULAR AGENDA
a. A motion was made by Mayor Pro Tem Root and seconded by Councilmember
Guillot to approve a proclamation recognizing the Nederland High School Band.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
Minutes Continued, May 23, 2022
b. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Root to postpone receiving comments from Robert Parent regarding Ordinance No.
2022-07,Tree Clearance, due to Mr. Parent not being in attendance at the meeting.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
c. On February 14, 2022, City Council provided the owner of 215 23rd Street (Tommy
Page), 45 days to demolish the garage structure or within the same 45 days, the
property owner or any lien or mortgage holder, to submit a written appeal to the
appropriate Court of Record. Mr. Page acknowledged he would follow City Council's
decision regarding the garage structure. On April 11, 2022 the City Council
provided the property owner an additional 28 days to meet the February 14th order.
Prior to the May 9, 2022 City Council meeting, Mr. Wheeler determined the garage
structure was removed and no longer posed a danger to the adjacent neighbors.
However, the residential structure remains a nuisance and does not comply with
the minimum housing standards.
There was no action taken due to Mr. Page being ill and couldn't attend the
meeting.
d. A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Sonnier to appoint Emmett Hollier to the Zoning Board of Appeals to fill a vacancy
for a term ending June 30, 2023. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
e. A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Austin to extend the deadline for submitting applications for the City of Nederland
Non-Profit Partnership Grant Program until July 8, 2022. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Root to approve Resolution No. 2022-06, permitting the consideration of banks
outside the city limits of Nederland for bank depository services. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
g. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern
Root to approve Ordinance No. 2022-14, amending the fiscal year 2021-2022
budget. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
h. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern
Root to engage PGAL for the assessment of 1308 Boston Avenue (Bank of America
building) for possible emergency management use. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
Minutes Continued, May 23, 2022
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous: Robert Woods gave a brief construction project update:
• 2021-2022 Flexible Pavement Rehabilitation project is underway.
• Contractor for the 2022 Concrete Street Improvement project is
finishing up on west bound lanes of Avenue H and will begin east
bound lanes early next week.
• Hodgson Road Lift Station had a new pump installed to check the
operation levels to see if it will perform within the appropriate range.
• Wastewater Treatment Plant Project is anticipated to be complete by
the end of the month.
b. City Offices will be closed Monday in observance of Memorial Day.
Garbage service will run one day behind schedule.
c. Library will close Friday at 6:00 p.m. and remain closed for 3 weeks for
the carpet installation.
d. Veteran banners will begin going up tomorrow.
e. June 1st the swimming pool will open to open swim.
f. Chris congratulated the 2022 seniors and wish them a safe and happy
graduation and summer.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Mayor Pro Tem Root to adjourn the meeting at 5:12 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
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Oz, •. d.�� City of Nederland, Texas
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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
Sylvia Root Council Member—Ward II V
Randy Sonnier Council Member—Ward III V
David Guillot Council Member—Ward IV
Chris Duque CityManager V
q 9 V
GaY 9uson Fer CityClerk
Jesse Branick City Attorney
Cheryl Dowden Director of Finance V
Gary Porter Police Chief V
Terry Morton Fire Chief V
Robert Woods Director of Public Works V
George Wheeler BuildingOfficial V
9 V
Molli Hall Librarian
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary
Angela Fanette Parks Director
D n Alba�e, Mayor
MIX-
G er usor�Ci Clerk
9 tY
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May 23, 2022
Date
$SON CMG
ALLISON NATHAN GETZ i1'`1,`s', 'ac TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR �i /\ '` CHIEF DEPUTY
4.
TEX A$/
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 $79,236.73, represents all taxes collected for CITY OF NEDERLAND
during the month of April 2022.
Allison Nathan Getz,P.C.C.
L
JEFFERSON COUNTY COURTHOUSE •P.O. BOX 2112 • BEAUMONT,TEXAS 77704-2112
PHONE: (409)835-8516• FAX: (409)835-8589
ORDINANCE NO.2022-14
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
%odiEGYLAIkMEETING THIS THE 23rd DAY OF MAY,2022.
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= City of Nederland,Texas
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APPROVED AS TO FORM AND LEGALITY:
Jesse s , , ' y Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2021-2022
DATE: May 23,2022
DEPARTMENT: Various
FUND: General(01)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-0000-4120 Industrial in lieu of Tax Payments 2,395,320 30,000 2,425,320
01-2102-6393 Contractual Services 65,000 30,000 95,000
TOTAL 2,460,320 60,000 2,520,320
JUSTIFICATION
In the General Fund, additional funds are allocated in the Emergency Management Contractual Services
line-item to cover the costs of an assessment of 1308,Boston Ave for potential emergency operations use.
This is offset by increasing the industrial in-lieu-of tax payments line-item.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
CITY OF NEDERLAND,TEXAS
RESOLUTION 2022-06
A RESOLUTION BY THE CITY COUNCIL OF flll CITY OF
NEDERLAND,TEXAS,PROVIDING FOR ADOPTION OF A WRITTEN
POLICY PERMITTING THE CONSIDERATION OF APPLICATIONS
FOR PRIMARY. DEPOSITORY SERVICES RECEIVED FROM
FINANCIAL INSTITUTIONS THAT ARE NOT DOING BUSINESS
WITHIN 1111:.,MUNICIPAL BOUNDARIES OF THE CITY.
WHEREAS, Chapter 105 of the Texas Local Government Code requires the City to
competitively solicit fmancial institutions located within the City's municipal boundaries to
provide primary depository services;and
WHEREAS, Chapter 105 of the Texas Local Government Code further allows the City
Council to adopt a written policy permitting the consideration of applications received from
financial institutions that are not doing business within the City's municipal boundaries when it is
deemed to be in the best interest of the City;and
WHEREAS,the number of financial institutions located within the municipal boundaries
of the City that can provide primary depository services is limited;and
WHEREAS,it is in the best interest of the City to include financial institutions from
outside the City's municipal boundaries to ensure a competitive application solicitation process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND,TEXAS:
Section 1. That the findings and premises contained in the above are deemed to be true
and correct.
Section 2. That the attached written policy of the City of Nederland, Texas shall be
approved.
` \�y�""""""",,,Section 3. This Resolution shall become effective upon the date of passage.
,..A. 4;4
( 'r*1re
}VD APPROVED this the 23`d day of May 2022.
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O•. ;'p Don Albanese,Mayor
#)7..O� , `;' City of Nederland,Texas
''''"'oint lnn i t fin"
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City of Nederland,Texas
S.
APP S FORM AND LEGALITY:
.... c
Jes Bra .i ,City Attorney
Ci o ederland,Texas
CITY OF NEDERLAND, TEXAS
PRIMARY DEPOSITORY SERVICES SOLICITATION BOUNDARIES
POLICY
MAY 2022
In accordance with Chapter 105 of the State of Texas Local Government Code, it is the Policy of
the City of Nederland,Texas to accept applications to serve as the City's Primary Depository from
financial institutions("banks, credit unions,savings associations")doing business from outside of
the City's municipal boundaries.
The bank, credit union, or savings association must maintain a place of business within the state
and offer the services required by the depository services contract.
The City staff will limit the selection of those financial institutions to specified locations outside
of the City's municipal boundaries, determined by the consideration of operational convenience
and increased competitiveness. The specified locations will be determined by City staff and
disclosed in the Notice, advertisements (local and general circulation), and the Request for
Applications.