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June 26, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. June 26, 2023 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 was led by Mayor Pro Tem Sonnier. 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 Sonnier and seconded by Councilmember Root to approve the Consent Agenda Item "a thru c" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. a. Minutes—June 12, 2023 regular meeting and June 5, 2023 special meeting b. May 2023 Departmental Reports c. Tax Assessor Collection Report—May 2023 4. REGULAR AGENDA a. Albert Garcia, 711 Pirates Cove, stated that Republic would soon be cancelling their current garbage service on his street and he is requesting that the City begin garbage service pickup for Pirates Cove. He stated that the City uses the same type of garbage truck that his current service utilizes and that there shouldn't be any safety issues with the City picking up on his street. Chris Duque, City Manager, stated that the Pirates Cove subdivision was built in 1993 and does not have a proper turn radius to facilitate our garbage trucks. It is a 30-foot cul-de-sac radius instead of a 40-foot radius. The street was designed as a private street and not built according to City codes and standards. Mr. Garcia and several neighbors stated that they have witnessed the Nederland Fire truck and also ambulances drive down their street with no issues. Mr. Garcia Minutes continued, June 26, 2023 requested that the City designate their street as a city street to allow the residents to receive city garbage services. Chris Duque stated that there are potential legal issues since it is a private street and Indemnification Hold Harmless agreements would be necessary before designation to a city street. He stated that the City would discuss this matter with the City Attorney. b. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Sonnier to approve Summer 2023 Pool Season coupons for NISD summer recreation participants. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. c. A motion was made by Councilmember Root and seconded by Councilmember Duplant to approve Resolution No. 2023-13, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the incentive offered to Hatton Homes. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. d. Appointments: i. A motion was made by Councilmember Duplant and seconded by Councilmember Guillot to re-appoint Gary Tiner to the Civil Service Commission. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ii. A motion was made by Councilmember Guillot and seconded by Councilmember Root to re-appoint Emmett Hollier to the Zoning Board of Appeals. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. iii. A motion was made by Councilmember Duplant and seconded by Councilmember Root to re-appoint Steve Gentile, Ron Minaldi and Boyd Meier to the Construction Appeals Board. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. iv. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to appoint Kasey Taylor to the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Jeff Darby, 1515 N. 26th St., stated that Mrs. Taylor is very qualified for the position. But the City is starting to look outside of the city limits to fill these positions and it is his opinion that we need to insure that the citizens of Nederland would have a right of first refusal to these appointments. Councilmember Sonnier stated that Mrs. Taylor has a business here in Nederland. e. A motion was made by Councilmember Duplant and seconded by Councilmember Guillot to approve an Agreement to provide fire protection services to the Industrial Safety Training Council. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. •Minutes continued, June 26, 2023 f. Rob Woods, Director of Public Works, gave an update on the Hill Terrace/Hilldale & Nederland Avenue Drainage Improvements project. He stated that Environmental Allies has returned back out and will be finishing up the Hill Terrace/Hilldale area before moving on to the Nederland Ave and 1st St. area. Texas Gas removed an abandoned gas line last Friday. The work shall be completed by middle of next week. The remaining grant funds will potentially cover the streets project. Substantial completion should be around the first part of August. g. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root to approve Ordinance No. 2023-15, amending the fiscal year 2022-2023 budget. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. h. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to award bid for the 2023 HMAC Street Rehabilitation project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:06 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with City Attorney - Texas Government Code, Chapter 551.071, Personnel - Texas Government Code, Chapter 551.074, Discuss Personnel Appointments: City Clerk, Director of Finance, Police Chief, City Attorney, and City Judge. 6. RECONVENE The regular meeting was reconvened at 5:50 p.m. by Mayor Albanese. 7. APPOINTMENTS a. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to authorize the following appointments: Joni Underwood, City Clerk; Cheryl Dowden, Director of Finance; Gary Porter, Police Chief; Jesse Branick, City Attorney; and Larry Dowden, City Judge. b. A motion was made by Councilmember Root and seconded by Councilmember Duplant to set salary for Mr. Branick at $5,046.48 a month and salary for Judge Dowden at $2,181.09 a month beginning July 1, 2023. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 8. COMMUNICATION City Manager's Report: a. Miscellaneous: • City Offices will be closed next Tuesday for the July 4th holiday. Chris Duque thanked Angela Fanette, her staff, the Public Works department and all staff that will be working on the 4th of July Fireworks Extravaganza event. • Chris expressed his sympathy to the family of Diane LaPoint, who was our Senior Citizen Center Director. Her funeral will be Wednesday at 10:00AM at Broussard's. 9. ADJOURN Minutes continued, June 26, 2023 There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:55 p.m. 11111 ion Albanese, Mayor City of Nederland, Texas ATTEST: 1/, Jon' nderwood, City Clerk City of Nederland, Texas "\````���uxttlrrttrrii. NEb/ ' O 'rkF %,,,,,OF 1EF ,\• CITY OF NEDERLAND t COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor Ir Bret Duplant Council Member—Ward I Sylvia Root Council Member—Ward II Randy Sonnier Council Member—Ward III ✓ David Guillot Council Member—Ward IV f Chris Duque City Manager Joni Underwood City Clerk t` Jesse Branick City Attorney / Cheryl Dowden Director of Finance ✓ Gary Porter Police Chief I Terry Morton Fire Chief ✓ Robert Woods Director of Public Works George Wheeler Building Official I Molli Hall Librarian Holly Guidry Human Resources Director V Angela Fanette Parks Director PCry: (Ple..-0,4..., on Albanese, Mayor lL40U11%, Joni nderwood, City Clerk Date ' ALLISON NATHAN GETZ �y,���; '�c' TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR `1 ti /\ CHIEF DEPUTY \44TEXA� 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 $133,845.24, represents all taxes collected for CITY OF NEDERLAND during the month of May 2023. 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 RESOLUTION2023-13 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 T1-IF 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 Hatton Homes in an aggregate maximum amount of not more than Sixty Thousand dollars($60,000.00),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 12th day of June ,2023 at which meeting a quorum was present and voting. tat, tl Don Albanese, ayor City of Nederland,Texas ATTEST: efed 1/4g104001Joni derwood,City Clerk City of.Nederland,Texas ,ow"110H,,?u,, APPROVED AS TO FORM AND LEGALITY: 1�;de :�,=S'2 Je ':,� ,cls,City Attorney G o,}IC „/ Q- Ci., ..Nederland,Texas "'o� • `OF c�‹;„ °l/in,n,nail�`"o PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this 444'day of C1:�,i,e _,2023 at which meeting a quorum was present and voting. Cl Defifiag-7,a-A;- bon Albanese,Mayor City of Nederland,Texas 'R ATTEST: Joni Ugderwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: ••`( c ••• 2 Jesse k /1-ity Attorney c5t.=3:0- City of Nederland Texas r •��' �tr•iF��F�� ORDINANCE NO.2023-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2022- 2023 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No. 2022-22 which adopted the Fiscal Year 2022-2023 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 2022-2023 City budget states"That any unencumbered fundsremaining on hand at the end of the fiscal year ending September 30, 2023 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2022 and ending September 30,2023,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 2022-2023 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 herewithrare 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 26th DAY OF JUNE,2023. Peri Don Albanese,Mayor City of Nederland,Texas ATTEST:. tihtdaWaid Joni nderwood,City Clerk oywunuu,,,,o,,�,''� ypFN.O APPROVED AS TO FORM AND LEGALITY: ?C� v as ��• •• •'=-'( fr- Jer is ,City Attorney ,F`JEFF�� 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2022-2023 DATE: June 26,2023 DEPARTMENT: Non-Departmental t FUND: Street Improvement(39) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 39-0000-4130 Sales Tax 800,000 150,000 950,000 39-0000-4610 Interest Income 2,500 140,000 142,500 39-0000-6730 Street Improvements 802,500 1,712,521 2,515,021 TOTAL 1,605,000 2,002,521 3,607,521 JUSTIFICATION Additional funds are allocated in the Street Improvements line-item to fully fund the 2023 Concrete Street Improvements and HMAC Street Rehabiliation projects. Additional revenue is reflected based anticipated actuals. The additional expenditures will be covered via the fund balance. Dept.Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: r 1fly sjr{ y I z , s ?1 F 3j`2 l.iR, • .` I i is S •