July 25, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. July 25, 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 Mayor Pro Tern Root and seconded by Councilmember Sonnier
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 - July 11, 2022 regular meeting and July 11, 2022 Work Session meeting
b. June 2022 Departmental Reports
c. Tax Assessor Collection Report - June 2022
d. Consider action authorizing the closure of Boston Avenue between the Welkom to
Nederland Arch and 14th Street and all intersections on Saturday, October 15th for
the NEDC's Fall Market Day event.
4. REGULAR AGENDA
a. Chris Duque, City Manager, said Andrew Cousins requested an opportunity to
discuss the City's compliance with Section 5.02 of the City Charter.
Andrew Cousins stated he does not live in Nederland but grew up here. He
attended his first Nederland City Council meeting a couple of weeks ago and heard
remarks regarding Section 5.02 of the City Charter. He said he felt division in our
community and encouraged communication and unity.
Minutes Continued, July 25, 2022
Mr. Duque stated at the next City Council meeting Jesse Branick, City Attorney,
will advise City Council there is no violation of City Charter.
b. Mr. Cousins also spoke on the topic of potential for investment into City parks and
recreation in an effort to combat the mental health crisis in our communities.
He thanked the Parks and Recreation Department for providing a place where the
community can gather which is important to mental health.
c. Chris Duque, City Manager, reported Kirk Gillespie has requested his property
located at 1815 Peterson Road be de-annexed. A sliver of the property is located
within the city limits with the majority, of the property, being outside the city limits.
Mr. Duque said the city would need a metes and bounds description of the property
to be de-annexed in order to proceed with the process.
Kirk Gillespie said he would like to proceed with the annexation due to not receiving
services from the City.
No action was necessary.
d. The regular meeting was recessed and a Public Hearing was called to order at 4:44
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
persons 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 since the last public hearing, revisions have
been made to their plan for closing of the streets for the LNVA improvements
project. He said comments received from public hearing, comments on
Facebook, and traffic study findings, all have been taken into consideration and he
presented the new proposal which would include working with TxDOT for the
continuation of a turning lane on Highway 366.
Ray Short, 236 Atlanta, said he is still against the proposal. Traffic studies were
done during summer months while school is out and does not accurately reflect
traffic flows.
Britton Jones, 1132 Gary, stated he is still opposed to the street closings.
Mr. Ard explained there were some alternatives being discussed but a bridge, like
at other street crossings, were not possible due 5 pipelines underground at these
locations. Traditional culverts would need to be installed and there would be only
temporary closing at these intersections.
Councilmember Austin stated he has lived in this neighborhood in the past and
knows the streets are narrow and detouring traffic didn't make sense.
No action is necessary.
Minutes Continued, July 25, 2022
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 5:15 p.m. by Mayor
Albanese.
e. Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2021 Drinking
Water Quality Report (Consumer Confidence Report). In accordance with EPA
regulations all water suppliers are required to issue the CCR to all its customers on
an annual basis. He said this is a standard report and no violations were found.
f. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern
Root to appoint Kevin Smith to the Zoning Board of Appeals and the Board of
Appeals to fill a vacancy with a term ending June 30, 2024. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
g. Chris Duque, City Manager, stated Nederland Babe Ruth and Mid-County Babe Ruth
will merge effective July 29, 2022 and Mid-County Babe Ruth will be responsible
for fulfilling the same current requirements of the Lease Agreement.
A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Guillot to amend the Lease Agreement with Nederland Babe Ruth League for use
of City property located at 3300 Park Street to the Mid-County Babe Ruth League.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
h. A motion was made by Councilmember Sonnier and seconded by Councilmember
Austin to approve Ordinance No. 2022-18, authorizing the suspension of the
effective date for an additional ninety days beyond August 5, 2022, the effective
date proposed by Entergy Texas, Inc. in connection with its rate increase
application. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
i. A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Guillot to amend the Callout Guideline to address the Parks & Recreation
Department employees during the pool season. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
j. City of Nederland Non-Profit Grant Program:
i. A motion was made by Mayor Pro Tem Root and seconded by Councilmember
Austin to approve an Agreement for Funding with the Rotary Club of Nederland.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ii. A motion was made by Mayor Pro Tem Root and seconded by Councilmember
Guillot to approve an Agreement for Funding with the Knights of Columbus,
Council 5145. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
Minutes Continued, July 25, 2022
iii. A motion was made by Councilmember Austin and seconded by Councilmember
Guillot to approve an Agreement for Funding with the First United Methodist
Church of Nederland. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
iv. A motion was made by Councilmember Guillot and seconded by Councilmember
Austin to approve an Agreement for Funding with the Optimist International
dba Mid-County Noon Optimist. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
v. A motion was made by Councilmember Sonnier and seconded by
Councilmember Austin to approve an Agreement for Funding with the
Nederland/Port Neches Evening Optimist Club. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous: Chris said there will be another round of Non-Profit Partnership
Program funding at the August 8th City Council meeting.
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 5:41 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
„,wilttgigs: None.
U; \ Is i; =
0 Don Albanese, Mayor
" �'�'• _ _ '� City of Nederland, Texas
ATTEST:
ay Fergu n, City C erk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESET ABSENT
Don Albanese Mayor V
Talmadge Austin Council Member—Ward I
Sylvia Root Council Member—Ward II
Randy Sonnier Zhorri Council Member—Ward III V
David Guillot Council Member—Ward IV
Chris Duque CityManager V
q 9
Gay Ferguson City Clerk V/
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance v
GaryPorter Police Chief V
VTerry Morton Fire Chief
Robert Woods Director of Public Works 'V//
George Wheeler _ _
Official VBuilding
Molli Hall Librarian V
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary V
Angela Fanette Parks Director V
--) �
D n Iban e, yor rf
Gay Fergus , ity ler
July 25, 2022
Date
'4..***44\
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ALLISON NATHAN GETZ 5t7';i -�1, • TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR l\ . 1\ ,''I A ' CHIEF DEPUTY
?'EXN -
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 $73,756.92, represents all taxes collected for CITY OF NEDERLAND
during the month of June 2022.
lit4c24;?sAij,,,A
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.2022-18
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS ("CITY") AUTHORIZING THE SUSPENSION
OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90)
DAYS BEYOND THE AUGUST 5, 2022, EFFECTIVE DATE
PROPOSED BY ENTERGY TEXAS, INC., IN CONNECTION WITH
ITS RATE INCREASE APPLICATION ENTITLED "APPLICATION OF
ENTERGY TEXAS, INC. FOR AUTHORITY TO CHANGE RATES",
FILED ON JULY 1, 2022; AUTHORIZING TO PARTICIPATE WITH
THE ENTERGY TEXAS, INC. SERVICE AREA CITIES STEERING
COMMITTEE HIRING OF EXPERTS; AUTHORIZING THE CITY'S
PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT
THE PUBLIC UTILITY COMMISSION OF TEXAS; REQUIRING
REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES;
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 July 1, 2022, Entergy Texas, Inc. ("Entergy") filed a
Statement of Intent with the City to increase electric rates in the Entergy Service Area;
and
WHEREAS, Cities have exclusive original jurisdiction over the rates, operations,
and services of an electric utility in areas in the municipality pursuant to Public Utility
Regulatory Act§33.001(a);and
WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory
authority to make a reasonable determination of rate bases, expenses, investment and
rate of return and retain the necessary personnel to determine reasonable rates;and
WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking
proceedings shall be reimbursed by the electric utility under Public Utility Regulatory Act
§33.023;and
WHEREAS, Public Utility Regulatory Act § 36.108(a) authorizes a municipal
regulatory authority to suspend a utility's proposed rate change for not longer than 90
days after the date the rate change would otherwise be effective;and
WHEREAS, given the complexity of the proposed rate increase and the need to
fully review the proposed base rate and riders, it is necessary to suspend the effective
date for implementing the proposed rate until at least November 3,2022 in order to allow
the City's rate experts sufficient time to determine the merits of Entergy's proposed rates;
and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing,analyzing,and investigating Entergy's base rate increase request and Entergy's
proposed rate riders, City's efforts will be coordinated with similarly situated
municipalities through the Entergy Texas,Inc.Cities Service Area Steering Committee;and
WHEREAS,the City will join with other Entergy service area municipalities in the
Steering Committee in order to coordinate the hiring and direction of counsel and
consultants working on behalf of the Steering Committee and the City.
1
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:
Section 1. That 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 Entergy's proposed rate increase, and the
proposed tariffs related thereto, is hereby suspended for an
additional ninety (90) days until November 3, 2022, in order to
complete the review and investigation by the City's experts.
Section 3. The City is authorized to join with other municipalities as part of
the Entergy Texas, Inc. Service Area Steering Committee with the
understanding that the Steering Committee will provide direction
and guidance to the lawyers who are representing cities in the
Entergy Texas, Inc.service area.
Section 4. The Steering Committee shall review the invoices of the lawyers
and rate experts for reasonableness.
Section 5. The City's legal representatives shall have the right to obtain
additional information from Entergy through the service of
requests for information.
Section 6. Entergy shall reimburse the City, for the reasonable costs of
attorney and consultant expenses related thereto, upon the
presentation of invoices reviewed by the Steering Committee.
Section 7. The meeting at which this ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code,Chapter 551.
Section 8. This ordinance shall become effective from and after its passage.
''\0PASSED AND APPROVED this 25TH day of JULY,2022.
i S''
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/044,
Mayor Don Albanese
'AT TEST:
Gay Fergus ,City Clerk
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