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November 13, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4.30 p.m. November 13, 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 a member 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 Tem 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—October 23,2023 regular meeting and October 17, 2023 special meeting. b. October 2023 Departmental Reports c. Consider action regarding a request from Nederland Little Dribblers to utilize the Nederland Recreation Center gymnasium for games and waiver of associated fees. 4. REGULAR AGENDA a. George Nami with the Texas Employer Support of the Guard and Reserve presented Terry Morton and Holly Guidry with the "Patriot" award for their support of the Guard and Reserve and the "Above and Beyond" award to the City. b. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier to receive the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. 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 Guillot to approve Resolution No. 2023-23, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the $30,000 incentive offered to PHO-09. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Minutes continued, November 13, 2023 d. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern Sonnier to approve Resolution No. 2023-24, casting all votes for candidate Bob Thewman for the Board of Directors of the Jefferson County Appraisal District. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root,Sonnier, and Guillot. NOES: None. e. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to authorize the purchase of a replacement gable shelter and concrete pad at Doornbos Park via state-approved contract from Kraftsman in the amount of $205,101.96. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. f. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to amend the professional services agreement with Griffith, Moseley, Johnson & Associates, Inc. for grant administration and management services associated with CDBG Disaster Recovery Funding, Hurricane Harvey DR-4332. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. g. A motion was made by Councilmember Guillot and seconded by Councilmember Root to approve a work authorization with Soutex Surveyors & Engineering for engineering services related to the 2023-2024 HMAC Street Program project in the amount of$92,250. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. h. A motion was made by Councilmember Guillot and seconded by Councilmember Root to approve a work authorization with Schaumburg & Polk, Inc. for engineering services related to the 2023-2024 Concrete Pavement Rehabilitation project in the amount of$91,800. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers.Duplant, Root, Sonnier, and Guillot. NOES: None. i. A motion was made by Councilmember Root and seconded by Councilmember Duplant to reject and rebid the 2023 Water Inventory Items bid. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. j. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Ordinance No. 2023-25, suspending the effective date for an additional 90 days beyond the effective date proposed by CenterPoint in connection with its statement of intent to increase rate in the Texas division filed on October 30, 2023. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 5. COMMUNICATION City Manager's Report: a. CITY OF NEDERLAND 101 - Municipal Government Academy Chris Duque stated that the previous quarterly town hall meetings were held in an attempt to provide information to the public. These meetings were held in person Minutes continued, November 13, 2023 and posted on Facebook live. Participation was very low. This new platform, the Municipal Government Academy, will be a 6-session course to address various topics of the City. The maximum number of participants per class will be 20. Topics discussed will be the city charter, permitting and zoning, finances, government elections, public safety, public works, quality of life, and economic development. The requirements for participation will be that you live within our city, or own a business in our city, and are at least 18 years of age. b. Miscellaneous: • City offices will be closed next Thursday and Friday in observance of the Thanksgiving holidays. • The garbage route will be delayed by one day due to the holidays. • Preparations for Christmas on the Avenue are currently underway. • There will be a Chamber meeting next week regarding the Christmas parade. • Chris Duque will be on vacation starting tomorrow afternoon until Saturday evening. Cheryl Dowden will be in charge. 6. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:07 p.m. eeM. Caea4(101 Don Albanese, Mayor City of Nederland, Texas ATTEST: a ! "l�ki/� Joni nderwood, City Clerk City of Nederland, Texas .0111 a I,,"4�i `O F. .... S ' sof �•• : o (14 /\ it CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor Bret Duplant Council Member-Ward I / Sylvia Root Council Member-Ward II I Randy Sonnier Council Member-Ward III i/ David Guillot Council Member-Ward IV Chris Duque City Manager I' Joni Underwood City Clerk ✓ Sara /Iowa nes- City Attorney Hca.-the(' .51vcker - --✓ Cheryl Dowden Director of Finance / Gary Porter Police Chief / Terry Morton Fire Chief v Robert Woods Director of Public Works George Wheeler Building Official T Molli Hall Librarian v/ Holly Guidry Human Resources Director Toby Latiolais Parks Director IL, aa„,,,,, Ion Albanese, Mayor 1 ,://Z W114014E-cm d Joni Und ood, City Clerk //-13-d-.3 Date RESOLUTION 2023-23 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF TUE 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 PHO-09 in an aggregate maximum amount of not more than Thirty Thousand dollars($30,000.00),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 13th day of November , 2023 at which meeting a quorum was present and voting. 'Don Albanese,Mayor City of Nederland,Texas ATTEST: .,,- ,�., cRi W6tdiAtA imeii Joni derwood,City Clerk "���,,,,,,,,,il���� City of Nederland,Texas ��``�� NEo f",,, APPROVED AS TO FORM AND LEGALITY: ''�rin V% S C /M' rte- �It° C7 �� .jJ; = Chris Leavins,City Attorney 'o� City of Nederland,Texas J ;„1,"Q� ]EF�� �\ "hlnnuua"� PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this day of _,2023 at which meeting a quorum was present and voting. Don Albanese,Mayor City of Nederland,Texas ATTEST: Joni Underwood,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: + >1; 4IJ o Chris Leavins,CityAttorney --'''/1/4;1 'OF]EPEE'�` City of Nederland, exas � \ i CITY OF NEDERLAND RESOLUTION 2023-24 WHEREAS,Senate Bill No.621,Acts of the 66th Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and WHEREAS,the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act;and WHEREAS,the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District;and WHEREAS,the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District;and WHEREAS,the Act entitles each taxing unit to vote and determine its votes by resolution submitted to the Jefferson County Appraisal District before December 15,2023. NOW,THEREFORE, BE IT RESOLVED,that the City Council of the City of Nederland, in compliance with Senate Bill No.621, hereby casts its entire vote as follows: Tim Funchess Eugene Landry Kenneth Marks Lauren Williams Mason Robert Thewman 53 SO RESOLVED,this the 13th day of November,2023. i1, IV.glA Don Albanese,Mayor City of Nederland,Texas ATTEST: wui Joni derwood, City Clerk City of Nederland,Texas AP'ROVED AS TO FORM AND LEGALITY: ooli"""iiinw,,, pc. NEpF"% li __AILL,_ ....,sy , :1-- .`.-"4„49- -,*:-.7...,s. Chris Leavins, ity Attorney ==,--)•47 ,..4_,01E-5-:::: �/. �.-;, • City of Nederland,Texas P,,�1✓•��;` <G ORDINANCE NO. 2023-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE EFFECTIVE DATE PROPOSED BY CENTERPOINT IN CONNECTION WITH ITS STATEMENT OF INTENT TO INCREASE RATES IN THE TEXAS DIVISION, FILED ON OCTOBER 30, 2023; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD 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 October 30, 2023, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") file a Statement of Intent with the City of Nederland "City" to increase gas rates in its Houston, Texas Coast, South Texas, and Beaumont/East Texas Division Service Areas by $37.4 million per year, effective December 4, 2023; and WHEREAS, CenterPoint's statement of intent includes a request to consolidate the Houston, Texas Coast, South Texas, and Beaumont/East Texas Divisions into a single Texas District; and WHEREAS, the City has exclusive original jurisdiction over the rates, operations, and services of a gas utility in areas in the municipality pursuant to Texas Utilities Code § 103.001; and WHEREAS, Texas Utilities Code § 103.021 requires a local regulatory authority to make a reasonable determination of rate base, 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 gas utility under Texas Utilities Code § 103.022; and WHEREAS, Texas Utilities Code § 104.107(a)(1) authorizes a local 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 rate adjustment it is necessary to suspend the effective date for implementing the proposed rates until March 3, 2024 to allow the City's rate experts sufficient time to determine the merits of CenterPoint's proposed rates; and WHEREAS, to maximize the efficient use of resources and expertise in reviewing, analyzing, and investigating CenterPoint's $37.4 million rate increase request, the City's efforts will be coordinated with similarly situated municipalities in CenterPoint's Beaumont/East Texas Division Service Area; and WHEREAS,the City will join with other municipalities in a steering committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the steering committee and the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. 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 CenterPoint's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days until March 3, 2024, 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 CenterPoint Beaumont/East Texas Division Service Area Steering Committee with the understanding that the steering committee will provide additional direction and guidance to the lawyers who are representing said cities. Section 4. The City employs the Lawton Law Firm, P.C. to represent the City with regard to the proposed rate increase of CenterPoint before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Steering Committee. Section 5. The Steering Committee shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to CenterPoint for reimbursement. Section 6. The City's legal representatives shall have the right to obtain additional information from CenterPoint through the service of request for information, which shall be responded to within seven (7) calendar days of receipt of such requests for information. Section 7. CenterPoint shall reimburse the City, through the designated representative of the Steering Committee, for the reasonable costs of attorneys and consultant fees and expenses related thereto, upon the presentation of invoices reviewing by the Steering Committee. Section 8. The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED AND APPROVED this 13TH day of NOVEMBER, 2023. POW banese,Mayor City of Nederland,Texas ATTEST: Glai' lay tdatAb/ Joni nderwood,City Clerk City of Nederland,Texas ```\o tuttiun , gi,,,, APPROVED AS TO FORM AND LEGALITY: ��`��OF NFpF� 1 .;I '4 0.4% ..4% . (7114( X-1,44* -- 1)/9: f cl i 0. -4-- :/)IP t- Chris Leavins,City Attorney ., City of Nederland,Texas ,,, OF..1E?SG..`` ''1nn,,,i II t00 THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd.,Suite R-275•Austin,Texas 78738•512/322-0019 November 8,2023 Via E-Mail Mr.Richard G.Baker Mr.Ronald D.Stutes City Attorney—City of Anahuac City Attorney—City of Arp P.O.Box 10066 Wilson Law Firm Liberty,Texas 77575 909 ESE Loop 323,Suite 400 Tyler,Texas 75701 Ms.Tracey Pritchett Ms.Sharae Reed City Secretary—City of Arp City Attorney—City of Beaumont 109 W.Longview P.O.Box 3827 Arp,TX,75750 Beaumont,Texas 77704 Mr.Kenneth R.Williams Mr.Paul Fukuda City Manager—City of Beaumont City Attorney—City of Bridge City P.O.Box 3827 260 Rachal Beaumont,Texas 77704 Post Office Box 846 Bridge City,Texas 77611 Mr.Leonard Schneider Mr.Aron Kulhavy City Attorney—City of Huntsville City Manager—City of Huntsville City Attorney—City of Riverside 1212 Ave.M Liles Parker PLLC Huntsville,Texas 77340 2261 Northpark Dr.,Suite 445 Kingwood,TX 77339 Mr.Brandon Davis Mr.Tom Warner City Attorney—City of Liberty City Manager—City of Liberty 1517 Trinity 1829 Sam Houston Liberty,TX 77575 Liberty,Texas 77575 Mr.Jesse Branick Mr.Christopher Duque City Attorney—City of Nederland City Manager—City of Nederland 221 Hwy.69 South,Suite 100 P.O.Box 967 Nederland,Texas 77627 Nederland,Texas 77627 CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION Mr.Guy Goodson Mr.Mike Kunst City Attorney—City of Orange City Manager—City of Orange GERMER PLLC 812 North 16t Street 550 Fannin,Suite 400 P.O.Box 520 Beaumont,Texas 77701 Orange,Texas 77630 Ms.Val Tizeno Mr.Ronald Burton City Attorney—City of Port Arthur City Manager—City of Port Arthur P.O.Box 1089 P.O.Box 1089 Port Arthur,Texas 77641 Port Arthur,Texas 77641 Mr.Solomon Freimuth Ms.DeeAnn Zimmerman City Attorney—City of Silsbee City Manager—City of Silsbee P.O.Box 186 105 South 3'd Street Port Neches,Texas 77651 Silsbee,Texas 77656 Ms.Stormy Perez Mr.Alex Stelly City Secretary—City of Riverside City Attorney—City of Sour Lake P.O.Box 623 2615 Calder Ave.,Ste. 1070 Riverside,TX 77637 Beaumont,Texas 77702 Mr.Jack Provost City Manager—City of Sour Lake 625 Hwy 105 W Sour Lake,Texas 77659 Re: 2023 Statement of Intent of CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas("CenterPoint" or"Company")to Increase Rates in the Texas Division Dear Cities: As you may know,CenterPoint recently filed an application with your City for an increase in gas service rates.The Company's application also includes a request to consolidate its Houston, Texas Coast,South Texas,and Beaumont/East Texas Divisions into a single Texas Division.The total increase requested for the combined divisions is$37.4 million annually,representing a 5.8% increase in non-gas revenues.However,if the proposed consolidation is approved, customers in the Beaumont/East Texas Division service area are expected to experience a decrease in their monthly bills. If approved,the average decrease per residential customer ranges from -$2.12 to -$5.08 monthly depending on location. CenterPoint has proposed that the gas service rate increase become effective on December 4, 2023.As such,the City must take action to approve, deny,modify,or suspend the rate increase request by December 4,2023.We recommend that the City suspend the effective date CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION 2 S I " - of the proposed rate increase to permit time to review CenterPoint's request and make an informed recommendation to the City. We are providing a proposed ordinance that would suspend the effective date proposed by CenterPoint to March 3,2024.Pursuant to Gas Utility Regulatory Act,Tex.Util.Code§ 104.107, municipal regulatory authorities may suspend the rate change proposed by a utility up to 90 days from the effective date.Once again,this proposed ordinance must be passed by December 4, 2023.Please forward copies of passed ordinances to us at danlawtonlawfirm@gmail.com and molly@m ayhallvandervoort.com. The proposed ordinance also authorizes the City to join with the Steering Committee of Cities to retain legal counsel and rate consultants,participate in the gas service rate proceeding before the Railroad Commission and any courts,and to seek reimbursement for rate case expenses from CenterPoint. Once we have had an opportunity to review the case and supporting documentation,we will provide more information on the current rate increase request and a recommendation on the actions to be taken. If you have any questions or concerns,please do not hesitate to call. Sincerely, /s/Daniel J.Lawton CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION 3