August 22, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEE*ERLANE*
4:30 p.m. August 22, 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. 12« Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
"PURSUANT TO SECTION 30_07, PENAL COE*E (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIEE* FiANE*GIJN), A PERSON LICENSEE* UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT COC)E (HANE*GUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIEC)
OPENLY."
Z. INVOCATION ANC) PLEE*GE OF ALLEGIANCE
The invocation and Pledge of Allegiance were led by Randy Sonnier, Councilmember
Ward III.
3. CONSENT AGEIVE*A - 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
Guillot to approve the Consent Agenda Items a-d as presented. MOTION CARRIEE*_
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
a. Minutes - August 8, 2022 regular meeting
b_ July 2022 Departmental Reports
c. Tax Assessor Collection Report - July 2022
d_ Consider action approving Resolution No. 2022-07, ratifying the action of the
Nederland Economic Development Board of Directors related to the incentive
offered to Juanita's Country Kitchen.
4_ REGULAR AGENC)A
a. The regular meeting was recessed and a Public Hearing was called to order at 4:32
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 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
Minutes Continued, August 22, 2022
section of Detroit Avenue and North 1st Street near FM 366 for their canal
improvement project.
Ryan Ard, LNVA representative, said he didn't have anything to add from what has
been previously discussed in past public hearings. When asked by Councilmember
Austin about alternatives to street closures, Mr. Ard stated the alternative would
be to install traditional culverts which would only require a temporary closing of
the streets during construction.
Ray Short, 236 Atlanta, said he is still against the closing of the streets.
Britton Jones, 1132 Gary, stated he is still opposed to the street closings.
No action was necessary.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 4:39 p.m. by Mayor
Albanese.
b. Discussion and possible action 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. There was no motion on this item.
ACTION: Failed due to lack of motion.
c. City of Nederland Non-Profit Grant Program:
i. A motion was made by Councilmember Austin and seconded by Councilmember
Sonnier to approve an Agreement for Funding with the Port Neches Assembly
#159 (Rainbow Girls). MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
ii. A motion was made by Mayor Pro Tern Root and seconded by Councilmember
Guillot to approve an Agreement for Funding with the B. A. "Booty" Ritter Senior
Citizen Center. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
d. A motion was made by Councilmember Sonnier and seconded by Councilmember
Guillot to authorize the purchase of a truck for the Streets Department via state-
approved contract. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
e. A motion was made by Councilmember Austin and seconded by Councilmember
Sonnier to engage Sky Wonder Pyrotechnics, LLC for the 2023 July 4th Fireworks
Extravaganza event. MOTION CARRIED:
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
f. A motion was made by Councilmember Sonnier and seconded by Councilmember
Guillot to approve the Strategic Plan for the Marion & Ed Hughes Public Library
(October 1, 2022 - September 30, 2026). MOTION CARRIED:
Minutes Continued, August 22, 2022
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Root to approve an amendment to the City of Nederland COVID-19 Testing and
Leave Policy. MOTION CARRIED:
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
h. Fiscal Year 2021 - 2022 Budget:
i. The regular meeting was recessed and a Public Hearing was called to order at
4:52 p.m. by Mayor Albanese to receive comments regarding the proposed City
of Nederland Fiscal Year 2022-2023 Budget.
Chris Duque, City Manager, said the public hearing was being held for the
purpose of receiving comments regarding the proposed Fiscal Year 2022-2023
Annual Budget. Interested persons will be given the opportunity to comment
on the budget. A copy of the proposed budget is available at the City Clerk's
office, the City's website, and the City's social media page. Another public
hearing regarding the proposed budget will be held on Monday, September 12th
at 4:30 p.m. An ordinance adopting the Fiscal Year 2022-2023 Annual Budget
will be considered at the September 19th City Council meeting. No action was
necessary.
There were no comments either for or against.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 4:54 p.m. by Mayor
Albanese.
ii. The regular meeting was recessed and a Public Hearing was called to order at
4:54 p.m. by Mayor Albanese to discuss the Fiscal Year 2022-2023 tax rate.
Interested persons will be given the opportunity to comment on the proposed
tax rate. At the August 8th meeting, the City Council unanimously voted to
utilize the tax rate of$0.481056 per $100 assessed valuation for the fiscal year
beginning October 1, 2022 and ending September 30, 2023. This is one cent
greater than the no-new revenue tax rate.
Jeff Darby, 1515 26th Street asked if there was a homestead exemption. Chris
Duque, City Manager, said yes there is a $15,000.00 homestead exemption for
over 65 years old and for persons with disabilities.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 4:57 p.m. by Mayor
Albanese.
5. EXECUTIVE SESSION
The regular meeting was recessed at 4:58 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.074 - Personnel, Finance Retirement - April 2023.
Minutes Continued, August 22, 2022
6. RECONVENE
The regular meeting was reconvened at 5:22 p.m. by Mayor Albanese. He announced
the Executive Session was held for informational purposes only and no action was
necessary.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous: Chris Duque stated City Offices will be closed on September 5th in
observance of Labor Day. Garbage services will be delayed by one day.
8. 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 5:24 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
\ 0,,o i t iu+ „/,,,,/
/ems •,c
C>;['`�; - k1 _ £baneseyoV
� '1' �:
n . �i !, �� City of Nederland, Texas
k'fi
aja/(
0420/WO/L-
Gay Fergus , City CI rk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT` , ABSENT
Y
Don Albanese Mayor
Talmadge Austin Council Member-Ward I v
Sylvia Root fxI 2 Co ifn Council Member-Ward II
Randy So
nnier Council Member-Ward III
David Guillot Council Member-Ward IV
City Manager
Chris Duque
City Ferguson C ty Clerk Vi
Jesse Branick City Attorney Cheryl \/
Dowden Director of Finance
+ /
r Police Chief v
Gary Porte V
Terry Morton Fire Chief `V
Robert Woods Director of Public Works
George Wheeler Building Official /
Molli Hall Librarian V
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary
V
\/
Angela Fanette Parks Director
i1 ,
(L.-, / `iti ,e.L4
bon Albanese, Mayor
t
Gay Ferguson ity Clerk u
August 22, 2022
Date
,SON co-
;
G2
ALLISON NATHAN GETZ 1, i"4 TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR • * CHIEF DEPUTY
T XN$
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 $68,897.55, represents all taxes collected for CITY OF NEDERLAND
during the month of July 2022.
La49ACiak)/-4
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
RESOLUTION 2022-07
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 Juanita's Country Kitchen, in an
aggregate maximum amount of not more than Seventy-Five Thousand dollars ($75,000.00), 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 8th day of August ,2022 at which meeting
a 9<u9 was present and voting.
4.40
elk gigs,.
n •4 yk..\
••p P on A nese,Mayor
City of Nederland,Texas
ay Ferg o y r
City of Nederland,Texas
APPROVED AS TO FOlv1 AND LEGALITY:
er4K
Jes e Br. ', ,City Attorney
Ci o eaerland,Texas
PASSED AND APPROVED ON THE SECOND READIN BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS this,21hlday of 7 2022 at
which meeting a quorum was present and voting.
u u,iiuu;;n
OF ......
_-'�
• ���o vas►--�
- .i�j 1% �� _ ]Son Albanese,Mayor
°'•; Aa 141/0` City of Nederland,Texas
ca.4t
ay Fergn,City C er
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Affeedi—
Jesse :ranic o C. Attorney
City .• ►:.erland,Texas