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December 4, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. December 4, 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 Councilmember Guillot 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 - November 13, 2023 regular meeting b. Tax Assessor Collection Report - October 2023 c. Consider action authorizing the closure of 21St St from Detroit Avenue to Nederland Avenue, Detroit Ave from 17th St to 21st St, Nederland Ave from 21st St to 12th St, 12th St from Nederland Ave to Boston Ave, and Boston Ave from 12th St to 17th St on Tuesday, December 5th for the Annual Lighted Christmas Parade. 4. REGULAR AGENDA a. City Manager, Chris Duque, recognized the Nederland Finance Department for receiving the Certificate of Achievement for Excellence in financial Reporting. b. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Duplant to amend Ordinance No. 2023-22 that declared certain utility accounts as "uncollectible." MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. c. A motion was made by Councilmember Guillot and seconded by Councilmember Root to approve the 2024 Holiday Observances calendar. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. Minutes continued, December 4, 2023 d. A motion was made by Councilmember Root and seconded by Councilmember Duplant to approve Resolution No. 2023-23, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the incentive offered to PHO-09 in the amount of$30,000. 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 approve Change Order No. 1 - Doornbos Park Parking Lot Rehabilitation project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. f. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Sonnier to approve final payment and release of retainage for the Doornbos Park Parking Lot Rehabilitation project. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. g. A motion was made by Councilmember Root and seconded by Councilmember Duplant to authorize the purchase of Bullwall software from SHI GS via a state- approved contract. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:42 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, Claim by Linda Yancey - 311 South 6th Street. 6. RECONVENE The regular meeting was reconvened at 4:55 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: • City Manager thanked the Parks staff for their participation in the Christmas on the Avenue event. • Christmas Parade on December 5, 2023 at 6:30PM • Storytime at the Library on December 13, 2023 at 10:30AM • Langham Singers will be at NPD on December 19, 2023 at 9:00AM • Next Food Truck Committee meeting will be Thursday, December 14, 2023 at 5:30 8. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 4:59 p.m. Minutes continued, December 4, 2023 Qvl ��tagli Don Albanese, Mayor City of Nederland, Texas ATTEST: ,. 1 / Jo r Underwood, City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor V/ Bret Duplant Council Member—Ward I f Sylvia Root Council Member—Ward II ✓ Randy Sonnier Council Member—Ward III David Guillot Council Member—Ward IV ✓ Chris Duque City Manager V Joni Underwood City Clerk Chris Leavins 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 Holly Guidry Human Resources Director ✓ Toby Latiolais Parks Director ✓ A 01!„ P: gory c TERRY WU)rNSCHEL, PCC INTERIM TAX ASSESSOR-COLLECTOR 4/ JEFFERSON COUNTY,TEXAS \\TEXAS STATE OF TEXAS COUNTY OF JEFFERSON I, Terry Wuenschel,.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$124,400.62,represents all taxes collected for CITY OF NEDERLAND during the month of October`2023. Ji4t-VAAigvliaa, Terry Wuenschel,P.C.C. MAILING ADDRESS • P.O.Box 2112 • BEAUMONT,TEXAS 77704-2112 PHYSICAL ADDRESS • 1 149 PEARL • BEAUMONT,TEXAS 77701 PHONE:409.835-8516 • FAX:409-835-8589 A AMENDMENT TO ORDINANCE NO.2023-22 AN ORDINANCE AMENDING UTILITY ACCOUNTS RECEIVABLE CHARGE-OFFS FOR THE YEAR ENDED 9-30-23 IN THE CITY OF NEDERLAND. WHEREAS,on September 25,2023,the Nederland City Council approved Ordinance 2023-22 that established utility accounts receivable in the amount of $12,280.02 to be charged-off in accordance with Generally Accepted Accounting Practices;and, WHEREAS,it was determined that the accounts included in Ordinance 2023-22 had current activity during the fiscal year ended September 30,2023;and WHEREAS,accounts to be included in bad debts should only include utility accounts receivable that had no activity since September 30,2022,and WHEREAS,the correct accounts and amounts are shown in Attachment"A"in the amount of$6,757.86;and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: The City of Nederland's book of accounts of the Water Billing/Collecting Department are hereby corrected to reflect the following charge-offs for fiscal year 2022- 23 in the amount of$6,757.86 as set forth in Attachment"A." THAT this being an ordinance not requiring publication,it shall be effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 4th day of December A.D., 2023. roft a��a.,- on Albanese,Mayor City of Nederland,Texas ATTEST: Joni Un erwood,City Clerk City of Nederland,Texas 00,„„,„,„,1100, OF•NE0e* APPROVED AS TO FORM AND LEGALITY: r,4C* ,410"71. 4FJE ` ,,���'' Lea i ,City Attorney City of Nederland,Texas ATTACHMENT"A" :L+' CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2022-2023 Account Number Amount 01-0610-07-0 73.64 02-0620-03-0 31.14 02-0790-02-0 1,205.49 03-0410-01-0 32.18 03-2580-00-0 119.60 04-3080-14-0 57.28 04-4650-04-0 125.43 05-0950-16-0 60.00 05-1130-01-0 53.79 05-2060-15-0 247.98 05-3760-07-0 53.93 05-3920-09-0 45.30 05-3950-23-0 38.52 05-4140-00-0 123.04 06-3040-04-0 35.43 06-3260-05-0 92.09 09-1390-00-0 282.31 09-1760-04-0 115.36 09-2210-00-0 57.67 09-2490-02-0 66.93 09-2890-02-0 147.81 10-0692-15-0 50.50 10-4000-02-0 71.40 11-0900-01-0 112.11 11-1500-10-0 33.53 11-1820-00-0 100.80 12-0370-02-0 199.80 12-0710-03-0 117.82 12-0750-06-0 111.68 12-1110-06-0 69.01 13-1490-11-0 181.87 14-0040-01-0 101.66 14-0140-07-0 665.09 15-1850-12-0 16.74 15-2330-05-0 20.49 16-0170-05-0 32.01 16-0205-03-0 23.61 16-1040-20-0 117.88 16-1070-03-0 127.57 16-1835-12-0 32.71 17-0862-14-0 87.91 17-1720-02-0 216.22 17-2370-04-0 447.77 18-1550-00-0 25.76 19-0740-06-0 322.47 19-3020-02-0 26.11 24-0220-01-0 147.86 24-0510-01-0 232.56 TOTAL $6,757.86 RESOLUTION 2023-23 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 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 TNF 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. ,af a-4424a, Don Albanese,Mayor City of Nederland,Texas ATTEST: Joni ,derwoo dCity Clerk City of Nederland,Texas �,•O``"F11NEp; "'��•,,,, APPROVED AS TO FORM AND LEGALITY: 'ti i(�� <�• ' /lily �..� /l� / = •n t�,i f.‘ i1 •.'z Chris Leavins,City Attorney s /ji ` City of Nederland,Texas °•% OF�3EFc `` 5 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THF CITY OF NEDERLAND,TEXAS this `day of be /r _,2023 at which meeting a quorum was present and voting. // • Don Albanese,Mayor City of Nederland,Texas ATTEST: 4, 114d Joni U.s erwood,City Clerk City of Nederland,Texas `JOF'MPe, %, APPROVED AS TO ORM AND LEGALITY: ' <70 C 4 •.��to - G •�G�rt t z Chris Leav ,City Attorney °'% OFJ'E \ City of Nederland,Texas '