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July 10, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. July 10, 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 the Pledge of Allegiance was led by Marvin Cash, Sr. Vice Commander of the Veteran of Foreign Wars. 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 Sonriier and seconded by Councilmember Root to approve the Consent Agenda Item "a"as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Guillot. a. Minutes — June 26, 2023 regular meeting 4. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Councilmember Duplant to approve a proclamation in regard to National Parks and Recreation Month. MOTION CARRIED. _ AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Guillot. b. A motion was made by Councilmember Guillot and seconded by Councilmember Root to amend the Minutes of the November 14, 2022 City Council meeting. The original minutes stated the City Council approved the bid for the Tex Ritter Park Lighting project; this was incorrect. The amended minutes are corrected to note the project scope of work was amended and rebidding the project was authorized for a later date. No other revisions were made to the minutes. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Guillot. Minutes continued, July 10, 2023 c. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Duplant to approve an Interlocal Agreement between the City of Nederland and the South East Texas Regional Planning Commission for Planning, Development, Operation and Provision of 9-1-1 Service and the Use of 9-1-1 Funds. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root,Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Guillot. d. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier to appoint an auditing firm to perform the City's audit for the fiscal year 2022-2023. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Guillot. e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to approve an Agreement with Motorola Solutions related to body worn and mobile video recording cameras. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Guillot. f. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to approve Ordinance No. 2023-16, amending the fiscal year 2022-2023 budget. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Guillot. g. A motion was made by Councilmember Root and seconded by Councilmember Guillot to authorize the purchase of a truck for the Information Technology Department. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root,Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Guillot. h. A motion was made by Councilmember Root and seconded by Councilmember Duplant to award bid for the Seattle Avenue and 27th Street Storm Sewer Improvements project to Brystar Contracting, Inc. in the amount of $686,224. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Guillot. i. Discussion was held regarding the request for City garbage service in the Pirates Cove subdivision. Albert Garcia and several other property owners in the Pirates Cove subdivision addressed the City Council requesting City garbage service in Pirates Cove. When the subdivision was approved in 1993, a variance was approved for a smaller cul-de-sac (30' cul-de-sac radius instead of 40' radius), the street was designated as a private street, and the subdivision has utilized private garbage carriers for service. Currently, the private garbage provider is backing into Pirates Cove and then driving out with all their garbage cans on one side of the street. Jesse Branick, City Attorney, stated that from a risk liability point of view, it would Minutes continued, July 10, 2023 not be in the best interest of the City to take in this area as a City street. This street is narrower than most streets and our trucks are unable to safely turn around in the cul-de-sac. There are large trees along this street that would curtail the viewing of the driver while backing up and the safety of the public and our employees is of concern. Our employees are also risking the loss of their CDL license if they acquire multiple accidents. Most accidents in city vehicles occur while backing up. Accidents such as this would make the City's insurance rates increase. Mr. Branick suggested that the homeowners install an acceptable cul-de- sac for our trucks. Albert Garcia, 711 Pirates Cove, stated that the Republic trucks currently have no issues picking up their garbage. He stated that Republic is not currently accepting new customers and will be discontinuing services to their current customers shortly. Paul Lewis, 708 Pirates Cove, stated that the Republic trucks have been picking up garbage on his street for 20 years and there have been no incidents or wrecks and he cannot understand why the City is unable to pick up their garbage. Chris Duque suggested that the City could measure the street to see if there is sufficient space for the City to pick up their garbage if the cans are placed along the other side of the street. The residents were all in agreement that this would be acceptable to them. Paul Lewis stated that he would like to be present when the City measures the street for the can placement. The Mayor reminded the residents that the City only picks up garbage once a week instead of Republic's twice a week schedule. Albert Garcia stated once a week would be acceptable. Chris Duque stated that this item will be placed on the July 24th agenda for further discussion. • 5. EXECUTIVE SESSION The regular meeting was recessed at 5:18 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Personnel -Texas Government Code, Chapter 551.074, Discuss personnel - Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee - Finance Director. 6. RECONVENE The regular meeting was reconvened at 5:29 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: O Chris Duque thanked the Parks department for their successful coordination of the July 4th event. o A food truck item will be added to the next agenda so the subject matter can be revisited. O There is a vacancy on the Parks Board and the procedures for filling these vacancies should be discussed. • The City is hosting its annual School Supplies Drive. The deadline to turn in supplies to the City Manager's office is Wednesday, July 19th. Minutes continued, July 10, 2023 8. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:33 p.m. Don Albanese, Mayor City of Nederland, Texas ATTEST: Jo i Underwood, City Clerk City of Nederland, Texas --;(1:%01 ,4‘ '� 0G • CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor r� Bret Duplant Council Member—Ward I Sylvia Root Council Member—Ward II Randy Sonnier Council Member—Ward III �J David Guillot Council Member—Ward IV d Vide jewel Chris Duque City Manager Joni Underwood City Clerk I Jesse Branick City Attorney Cheryl Dowden Director of Finance / Gary Porter Police Chief ✓ Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Molli Hall Librarian V Holly Guidry Human Resources Director Angela Fanette Parks Director on Albanese, Mayor Joni Unde ood, City Clerk 7-10-23 Date ORDINANCE NO.2023-16 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 funds remaining 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 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 10th DAY OF JULY,2023. P • Ill • ' 1 on Albanese,Mayor City of Nederland,Texas ATTEST: Joni(Jnderwood,City Clerk APPROVED AS TO FORM AND LEGALITY: t `p�u,umuur „� J sse Br r0k,City Attorney V (1- <y ' Off'JEFF If,,,fl f III II1111����� CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2022-2023 DATE: July 10,2023 DEPARTMENT: Information Technology FUND: MCML Dispatch AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE •BUDGET , (DECREASE) BUDGET • 70-1700-6393 Contractual Services 92,944 (32,944) 60,000 70-1700-6742 Motor Vehicles - 37,000 37,000 • • • • TOTAL '92,944 4,056 97,000 JUSTIFICATION In the Dispatch Fund,allocated funds in contractual services•are transferred to motor vehicles to faciliate the purchase of a new vehicle for the IT staff. Dept.Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: • • • • • • • • • •