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April 15, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. April 15, 2019 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent 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 were led by Gay Ferguson, City Clerk. 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 Neal and seconded by Councilmember Austin to approve the Consent Agenda Items a-c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. a. Minutes - April 15, 2019 regular meeting b. March 2019 Departmental Reports c. Consider action regarding an amended request from Nederland Independent School District to utilize the Nederland Swimming Pool, Doornbos Park, and the Nederland Recreation Center for end of the school year parties. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:32 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.087, Deliberation Regarding Economic Development Negotiations. 6. RECONVENE The regular meeting was reconvened at 4:43 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action was necessary. Minutes Continued, April 15, 2019 4. REGULAR AGENDA a. Rhonda Masters with the Texas General Land Office and Jennifer Mattingly with AECOM gave a presentation on the South East Texas Region Homeowner Assistance Program (HAP). The HAP was developed by the State of Texas to assist eligible homeowners in rehabilitation or reconstructing their homes after Harvey. b. Gary Porter, Police Chief, gave a brief presentation on the Nederland Police Department's Annual Report. No action was necessary. c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Neal to approve Ordinance No. 2019-11, suspending the rates for 45 days, proposed by CenterPoint Energy Resources Corp. dba CenterPoint Energy Entex and CenterPoint Energy Texas Gas Company's Gas Reliability Infrastructure Program filing made on March 28, 2019. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. d. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Austin to approve Ordinance No. 2019-12, denying the Distribution Cost Recovery Factor Rate increase request of Entergy Texas, Inc. filed on March 28, 2019. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Neal to amend the Nederland Personnel Policy Manual. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Austin to amend Ordinance No. 164, setting the calendar for regular City Council meetings for May 2019 through April 2020. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Neal to approve Ordinance 2019-13, amending the fiscal year 2018-2019 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. h. Bids: i. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Belaire to authorize the solicitation of bids for the 2019 Hot Mix Overlay project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, and Belaire. Noes: None. ii. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern Neal to reject and rebid the Marion & Ed Hughes Public Library Roof project bid. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, and Belaire. Minutes Continued, April 15, 2019 Noes: None. 7. COMMUNICATION • Tomorrow will be the groundbreaking ceremony at DuGood FCU • Saturday at Doornbos Park will be the First Baptist Church Easter Egg Hunt • City Offices will be closed on Friday, April 19th in observance of Good Friday • Saturday, April 27th will be Relay for Life • SETRPC will be hosting the hazardous waste collection on April 27th in Silsbee • National Day of Prayer will be on May 2nd • EDC Market Days will be May 4th 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Neal to adjourn the meeting at 5:27 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. f"))// • r R. A. Nugent, M.jor City of Nederlan•, Texas ATTEST: Gay Ferguson, City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A. Nugent Mayor Talmadge Austin Council Member—Ward I Billy Neal Council Member—Ward II Vacant Council Member—Ward III Craig Belaire Council Member—Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick CityAttorney Y Cheryl Dowden Director of Finance Gary Porter Police Chief V Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary 17 Angela Fanette Parks Director R.A. Nug t, M or ay Fergu n, Ci le i6 c( I )6, jO AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 13, 2019 THROUGH APRIL 13,2020. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meeting shall begin at 4:30 p.m. on each of the following dates: May 13 and 20, 2019 June 10 and 24, 2019 July 8 and 22, 2019 August 12 and 26, 2019 September 9 and 23, 2019 October 14 and 28, 2019 November 11 and 18, 2019 December 9 and 16, 2019 January 13 and 27, 2020 February 10 and 24, 2020 March 9 and 23, 2020 April 6 and 13, 2020 ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this `\ ,a l trot v%of April, 2019. 1/912 y= R.A. Nugent, ayo`f a jtQ' I�LA (,2f City of Nede nd,Texas Gay el-so'son, City Cl k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse Bra'i , City Attorney Cit of derland, Texas ORDINANCE NO.2019-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS ("CENTERPOINT" OR "COMPANY") COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM("GRIP")FILING MADE WITH THE CITY ON MARCH 28,2019;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 March 28, 2019, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company")filed an Annual GRIP adjustment for the Beaumont/East Texas Service Area with the City of Nederland ("City") to increase gas rates in the Beaumont/East Texas Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE ("Gas Utility Regulatory Act")§104.301;and WHEREAS,the Company proposed an effective date for the proposed increase of May 27,2019,unless the City suspends the date for a period no longer than forty-five(45) days;and WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act §103.001;and WHEREAS,Gas Utility Regulatory Act§104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility;and WHEREAS,the City's review of CenterPoint's GRIP filing is limited to a ministerial review of the filing for compliance with the statute;and WHEREAS,the City finds the need to suspend the effective date of CenterPoint's proposed rate increase for 45 days beyond the Company's proposed effective date until July 10, 2019 in order to review the Company's filing for compliance with Gas Utility Regulatory Act§104.301;and WHEREAS,the reasonableness of the Company's investment will be reviewed in CenterPoint's subsequent base rate case where all costs included in CenterPoint's GRIP filing will be subject to refund. 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 the Company's proposed GRIP rate increase, and the proposed tariffs related thereto, are hereby suspended until July 10,2019. Section 3. To the extent the City finds that the rates proposed by CenterPoint's filing comply with Gas Utility Regulatory Act § 104.301,then the rates will become effective by operation of law on July 10,2019. Section 4. 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. Section 5. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED this 15TH day of APRIL,2019. `\`�pwuuunuu //di/1C( ;'i�i' Vii) __ R.A.Nugent, yo E 111 /:o City of Nederland,Texas OF7E,,, pac -cap/ (4-m_, ay on,City Clerk City of Nederland, APPROVED AS TO FORM AND LEGALITY: Jes - Bra Vol , ity Attorney Ci y o l ederland,Texas ORDINANCE NO. 2019-12 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON MARCH 28, 2019; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT;MAKING OTHER FINDINGS WHEREAS, on or about March 28, 2019, Entergy Texas, Inc. ("Entergy") filed an Application for Approval to Establish its Distribution Cost Recovery Factor with the City to increase electric rates by implementing a new rider pursuant to Public Utility Regulatory Act("PURA")Section 36.210;and WHEREAS, the City has exclusive original jurisdiction over the rates, operations, and services of an electric utility within its municipal limits pursuant to PURA Section 33.001(a);and WHEREAS,the jurisdictional deadline for the City to act in this rate matter is May 27,2019;and WHEREAS, Entergy's proposed Distribution Cost Recovery Factor rider would increase customer rates in the Entergy Service Area by approximately $3.2 million per year;and WHEREAS,the City retained the Lawton Law Firm, P.C.to review the Company's rate request and make necessary rate recommendations to the City;and WHEREAS, the Lawton Law Firm has recommended that the City deny the Company's request for a Distribution Cost Recovery Factor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of Nederland hereby denies Entergy's request for a Distribution Cost Recovery Factor in total. Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,Chapter 551. Section 4. This ordinance shall become effective from and after its passage. `\`"0„,,,,,„,„PPSSED AND APPROVED this 15TH day of APRIL,2019. \ ED.ER4 :��f /� i�(� z_ i i r .c•-14>,��Ij/•�.�� Mayor R.�Dick"Nugent ,,,ikiTA, ,,," amy Pay Fergu n,City Clerk 1 1 APPROVED AS TO FORM AND LEGALITY: c 1/-,i , C....---"Jesse : . j'ity Attorney City o. derland,Texas 2 ORDINANCE NO. 2019-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2018- 2019 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No. 2018-25,which adopted the Fiscal Year 2018-2019 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 2018-2019 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2019 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2018 and ending September 30, 2019,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 2018-2019 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 nninn �.�4 : '1 EETING THIS THE 15th DAY OF APRIL,2019. 1.1 R.A.Nugent, *or City of Nederla 'd,Texas AL1 . G.ay Fergu�.•n,City Cler APPROVED AS TO FORM AND LEGALITY: Jes -011 � ,'City Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2018-2019 DATE: April 15, 2019 DEPARTMENT: Various FUND: Parks Special (25), Capital Outlay(31) Equipment Replacement General (34) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 25-0000-6720 Building, Fixtures&Grounds - 169,000 169,000 34-0000-6744 Miscellaneous Equipment - 10,650 10,650 TOTAL - 179,650 179,650 JUSTIFICATION In the Parks Special Fund,funding the Doornbos Park Electrical Loop is funded; this is a carryover project from last fiscal year; thus, it is necessary to re-allocate the funding in the new fiscal year. In the Equipment Replacement Fund-General, funds are allocated for the purchase of a new containment fill station suitable for SCBA cylinders. There are sufficient reserve funds to cover this purchase. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of