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June 27, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. June 27, 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 Sonnier and seconded by Mayor Pro Tem Root to approve the Consent Agenda Items a-c as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. a. Minutes - June 13, 2022 regular meeting b. May 2022 Departmental Reports c. Tax Assessor Collection Report - May 2022 4. REGULAR AGENDA a. Chris Duque, City Manager, said Jeff Darby requested an opportunity to discuss the City policy regarding the handling of employee whistleblower complaints. Jeff Darby, 1515 N. 26th Street, addressed the City Council regarding the handling of whistleblower complaints. Mr. Darby said he received an email from City Manager, Chris Duque, that the City of Nederland relies on the Texas State Whistleblower Act and does not have a separate policy. Mr. Darby said the City should have a separate policy on handling employee grievances. Mr. Duque clarified that the Texas Whistleblower Act was for reporting acts of criminal offenses and Mr. Darby said he should have been clear on his request to include employee Minutes Continued, June 27, 2022 grievance policies. Mr. Duque said the City does have a separate policy on employee grievance and it would be sent to him. b. 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 Lower Neches Valley Authority's request to abandon a section of Detroit Avenue and North 1st Street near FM 366 for a LNVA canal improvement project. Chris Duque, City Manager, said this public hearing is being held for interested person to comment or ask questions regarding the LNVA's request to abandon a section of Detroit Avenue and North 1st Street near FM 366 for their canal improvement project. Ryan Ard, LNVA representative, said these closings were needed to increase capacity of canal crossings. Ray Short, 236 Atlanta, said he is against it due to traffic which goes through the neighborhood. Britton Jones, 1132 Gary, stated he is opposed to the street closings. No action is necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:56 p.m. by Mayor Albanese. c. Presentation by Entergy of a grant donation for the 4th of July event was not needed. The check was presented to the City earlier in the day. d. Appointments: i. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Austin to reappoint Dylan Fairly, Alex Rupp, Scott Watjus, and Mark Byar to the Planning & Zoning Commission. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to appoint Billy Wayne Doornbos to the Civil Service Commission. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot Noes: None. iii. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to reappoint David Knight, Mitch Macon, Mike Spell, and Ricky Root to the Construction Appeals Board. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. e. A motion was made by Councilmember Sonnier and seconded by Councilmember Austin to authorize the solicitation of bids for the Hilldale/Hill Terrace and Nederland Avenue Drainage project funded through the Texas General Land Office. MOTION CARRIED. Minutes Continued, June 27, 2022 Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. f. A motion was made by Councilmember Austin and seconded by Councilmember Sonnier to approve an amendment to the City of Nederland Texas Disposal Services Agreement dated August 1, 2005, and amended August 1, 2010, August 1, 2012, August 1, 2022 with Republic Services, subject to final legal review and approval. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. g. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot to declare surplus and authorize the donation of equipment from the Nederland Fire Department to the Angelina River Volunteer Fire Department. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. h. Chris Duque, City Manager, reported the Director of Finance will be retiring at the end of April after 30 years of service. Also the Account Supervisor will also be retiring at the end of April. The Director of Finance is recommending reorganizing the Finance Department in preparation of the upcoming retirements. Currently the Finance Department is allocated two positions: Director of Finance and Accounting Assistant. The Utility Billing Department is allocated 6 positions: Accounting Supervisor, two Meter Readers, two Departmental Clerks, and a part- time Departmental Clerk. In the Finance Department, two positions will remain, but this will include the Director of Finance and Accounting Supervisor. In the Utility Billing Department there will now be five positions: two meter readers and 3 full-time Departmental Clerks. Long-term plan includes training one of the Department Clerks to complete the payroll role to transition to the Finance Department and to roll the utility billing supervisor duties back to the Director of Finance position following the retirement of the two individuals in those roles. Final steps will be finalized through fiscal year 2022-2023 budget process. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root to reorganize the Finance Department in accordance with the City Charter. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. i. A motion was made by Councilmember Austin and seconded by Councilmember Guillot to approve Ordinance No. 2022-16, amending the fiscal year 2021-2022 budget. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. j. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot to authorize the purchase of a 30-ton air conditioning unit for the Nederland Recreation Center via state-approved contract. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. Minutes Continued, June 27, 2022 k. A motion was made by Councilmember Sonnier and seconded by Councilmember Austin to approve an Interlocal Agreement with the Nederland Independent School District regarding water line maintenance. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: Robert Woods, Director of Public Works gave a brief construction update: • Wastewater Treatment Plant - staff completed a walk through on Phase 1 and provided a punch list to the contractor. Looking to close out project on July 11 City Council meeting. Phase 2 walk through was postponed and will be rescheduled at a later date in July. • Wastewater Lift Station Generator Project - all lift station generators have been installed and waiting for connection to utilities. • Highway 365 Water Main Repair - Bid Opening is scheduled for Friday, July 1st. • Flexible Pavement Rehabilitation Project - staff held a pre-construction meeting with contractor on April 28th. Substantial work has been completed on Beauxart Garden Road and work is underway on Hardy Avenue. • Concrete Street Improvements - 30th Street is completed and project is approximately 80% complete. • Avenue N and 17th Street Drainage Project - Contractor has ordered materials and is expecting delivery the first week of July. b. Angela Fanette gave a brief update on the 4th of July Extravaganza. c. City Offices will be closed Monday, July 4th in observance of Independence Day. d. July 8th is the deadline for Non-profit Organizations to submit their applications to the City of Nederland Non-Profit Partnership program. e. Library is back fully opened as of today. 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 5:36 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. auluuu// ,o°\�F NED�o e,r9s None. f /04R-1/ /o� -..1Ilk „', �' Don Albanese, ayor �t %tea• o` City of Nederland, Texas 'f,' t SPX ,\`:'�' ''iimi11111115\o Spa Ferg on, ity C rk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT EENT ABSENT Don Albanese Mayor V Talmad a Austin Council Member-Ward I ylvia Root Council Member-Ward II V Randy Sonnier Council Member-Ward III V David Guillot Council Member-Ward IV V Chris Duque City Manager V Gay Ferguson City Clerk V Jesse Branick City Attorney V Cheryl Dowden Director of Finance V Gary Porter Police Chief V Terry Morton Fire Chief V Robert Woods Director of Public Works George Wheeler Building Official V Molli Hall Librarian V Holly Guidry Human Resources Director V Joni Underwood Executive Secretary V Angela Fanette Parks Director cd' Albanese, ayor tivy 91— day Fergusaili City Clerk (June 27,2022 Date rt,450N C0 lr ALLISON NATHAN GETZ 'i1 TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR ` /� CHIEF DEPUTY TEXAS 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 $90,532.37, represents all taxes collected for CITY OF NEDERLAND during the month of May 2022. t1 .-(?1, 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. 2022-16 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 27th DAY OF JUNE,2022. ou,❑I"„u,,,, �:� •.O Don Albanese,Mayor v; , : . City of Nederland,Texas -,4/70... F n ^ ip/AAA_ Gay Ferguson City Clerk APPROVED AS TO FORM AND LEGALITY: q Jesse B . ., ty Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2021-2022 DATE: June 27, 2022 DEPARTMENT: Various FUND: General (01), Water/Sewer(50) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4120 Industrial in lieu of tax payments 2,425,320 38,600 2,463,920 01-1500-6110 Salaries&Wages 205,195 9,100 214,295 01-1500-6124 TMRS 15,464 1,000 16,464 01-1500-6126 Social Security 15,815 1,000 16,815 01-5000-6720 Buildings, Fixtures &Grounds - 27,500 27,500 50-6100-6110 Salaries&Wages 292,863 (6,863) 286,000 50-6100-6115 Extra Help 11,500 (1,500) 10,000 50-6100-6124 TMRS 22,314 (1,314) 21,000 50-6100-6126 Social Security 23,701 (1,701) 22,000 TOTAL 3,012,172 65,822 3,077,994 JUSTIFICATION In the General Fund, the Finance Dept's salary line-items are adjusted to reflect re-organizing the Dept. And funds are allocated for a new AC unit at the Rec Center. Revenue is adjusted to offset the increases. In the Water/Sewer Fund, the Utility Billing Dept's salary line-items are adjusted to reflect re-organizing the Dept. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: