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July 11, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. July 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 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 Tern Root to approve the Consent Agenda Items a-b as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. Noes: None. Absent: Councilmember Austin. a. Minutes - June 27, 2022 regular meeting b. Consider action setting a Public Hearing date (Monday, July 25th at 4:30 p.m.) to receive comments in regard to the Lower Neches Valley Authority's request to close a portion of Detroit Avenue and North 1st Street near FM 366 for a canal improvement project. 4. REGULAR AGENDA a. Chris Duque, City Manager, said Jeff Darby requested an opportunity to discuss the City's compliance with Section 5.02 of the City Charter. Jeff Darby, 1515 N. 26th Street, said he feels the contract with the Nederland City Manager is in violation of the Nederland City Charter. Minutes Continued, July 11, 2022 b. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot to approve a proclamation recognizing July as National Parks and Recreation Month. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. Noes: None. Absent: Councilmember Austin. c. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root to appoint Lance Howell to the Planning and Zoning Commission for a term ending June 30, 2024. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. Noes: None. Absent: Councilmember Austin. d. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve Ordinance No. 2022-17, amending the fiscal year 2021-2022 budget. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. Noes: None. Absent: Councilmember Austin. e. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to award a bid to Brystar in the amount of $215,310.00 for the Water Main Repairs at FM 365 and DD7 project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. Noes: None. Absent: Councilmember Austin. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: Chris thanked Angela Fanette, her staff, city employees, Acadian Ambulance, Nederland Police Department, Nederland Fire Department, and the Southeast Texas Veterans Group, who worked the 4th of July Fireworks Extravaganza. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Mayor Pro Tern Root to adjourn the meeting at 4:46 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. Noes: None. Absent: Councilmember Austin. V� 3 on Albanese, Mayor City of Nederland, Texas \\\\��® .Of+"�� to Continued, July 11, 2022 4 '. , o® %,/ ® = = •u o y1, City Clerk / '''/0n„ I ;, fVtederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor V✓ 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 City Manager \/ 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 7 Robert Woods Director of Public Works Vi George Wheeler Building Official V Molli Hall Librarian V Holly Guidry Human Resources Director V Joni Underwood Executive Secretary V Angela Fanette Parks Director V l) egc2..f,m_e____-- D n bane e, ayor y gus ' I July 11, 2022 Date • ORDINANCE NO.2022-17 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. "'Ll`` � �,''a'SS,�D AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A ```\ ,Q ,ING THIS THE 11th DAY OF JULY,2022. • =vat to Don G Don Albanes ,Mayor •° City of Nederland Texas Gay Fer son,City Cl rk APPROVED AS TO FORM AND LEGALITY: Jes - Bran ,City Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2021-2022 DATE: July 11, 2022 DEPARTMENT: Water&Sewer Distribution FUND: Water&Sewer(50) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 50-6300-6755 Water Distribution Lines - 236,000 236,000 TOTAL - 236,000 236,000 JUSTIFICATION In the Water&Sewer Distribution department, it is necessary to allocate funds for the Water Main Repairs at the FM 365 and DD7 Crossing project. In addition, funds are allocated for previous water and sewer line expenses charged to this line-item. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: