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March 22, 2021 REGULAR MEETING OF THE CITY COU NCZL OF THE CITY OF NEDERLAND 4:30 P_m_ March 22, 2021 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. This meeting was OPEN to in-person attendance by the public; however due to the spacing restrictions in the City Council Chamber, all attendees WORE A MASK in accordance with Governor Abbott's order. The City continued to provide citizens an alternative method to attend and participate in City Council meetings. Members of the public were able to participate remotely via Zoom Teleconferencing. The following statement was posted: 'PURSUANT TO SECTION 30.07, PENAL CODE CTRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGIJN LICENSING LAWS, 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 Emmett Hollier, Mayor Pro Tem. 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 Hollier and seconded by Councilmember Austin to approve the Consent Agenda Items a-c as presented. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. a. Minutes - March a, 2021 regular meeting b. February 2021 departmental Reports c. Tax Assessor Collection Report - February 2021 Minutes Continued, March 22, 2021 4. REGULAR AGENDA a. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve a proclamation recognizing Blinded Veterans Day. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. b. A motion was made by Councilmember Neal and seconded by Councilmember Root to approve Resolution No. 2021-11, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the asbestos abatement of the structure at 1132 Nederland Avenue. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. c. Bids/Contracts: i. Chris Duque, City Manager, reported the City received a rate pass from the insurance companies and authorizing a request for proposals for employee group benefits (medical, dental, basic life/AD&D, and /or long-term disability insurances) was no longer needed. ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Hollier to authorize the solicitation of bids for the 2021 Lift Station Generators project. MOTION CARIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. iii. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Austin to exercise a three-year renewal of the agreement to provide disaster debris monitoring and consulting services with True North Emergency Management, LLC. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. iv. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve a professional services agreement with Municipal H2O for professional services covering the preparation and development of a Risk and Resilience Assessment Emergency Plan for the Water Treatment Plant as required by the America's Water Infrastructure Act (2018). MOTION CARRIED. Ayes: Mayor Albanese, Councilmember Austin, Neal, Hollier, and Root. Noes: None. d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Hollier to approve an agreement with the Texas Commission on Environmental Quality for an air monitoring station on City property located at 17th Street and Canal Avenue. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. e. A motion was made by Councilmember Root and seconded by Councilmember Austin to approve Resolution 2021-12, ratifying a Declaration of Disaster of Local State of Disaster in response to the February 2021 Winter Storms and consenting Minutes Continued, March 22, 2021 to continuation of the disaster declaration for a period of more than seven days. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. f. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Hollier to approve Ordinance No. 2021-03, suspending the rates proposed by Texas Gas Service Company's Gas Reliability Infrastructure Program filing made with the City on February 11, 2021. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. g. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve Ordinance No. 2021-04, suspending the rates proposed by Centerpoint Energy Resources Corp.'s Gas Reliability Infrastructure Program filing made with the City on March 4, 2021. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. h. Chris Duque, City Manager, said Jefferson County Water Improvement District 10 contacted the City regarding utilizing a portion of the City's acreage adjacent to Sunoco to relocate their wastewater treatment discharge location from Rodair Gully-Taylor's Bayou to the Neches River. This route is parallel to the Sabine Neches Navigation District's levee on the City's property and Water District staff has advised City staff the Navigation District has consented to this route. Water District staff also advised Sunoco has consented to the segment of the route on their property and discussions are proceeding with the United Sates Army Corp of Engineers for their approval. The proposed route crosses a significant portion of the City's property. The City granted a right of entry agreement for Water District staff and engineers to survey and inspect the property. The City would assist by selling an easement to the Water District. Fair market value for this type of easement has been established at $1,800.00 per rod. No easement documents have been received by the city for review at this time. Tommy McDonald, General Manager for Jefferson County Water Improvement District 10, gave a brief presentation on the history of the systems of the Water District Wastewater Treatment. Photographs and maps were provided to show existing outfall discharge and proposed outfall discharge. Mr. McDonald said easement documents should be submitted to the City for review in approximately 4 weeks. Stephen Savant, Water District President, said he understood the fair market rate per rod was $1,800.00 and asked if the City would consider a declined rate since the route is proposed to go over a spoils right-or-way. He suggested a price between $300 - $500 per rod. No action was necessary. i. Chris Duque, City Manager, stated a discussion was held at the February 22nd City Council meeting regarding side by side, all-terrain, and other off-road vehicles to be operated on City streets. There was no public participation at the February 22nd meeting. In early March, a citizen called inquiring about this subject; he spoke with Mayor Albanese who directed the item be placed on the agenda again. Minutes Continued, March 22, 2021 At the February 22nd meeting, Chief Porter addressed the serious safety concerns with the use of these vehicles on paved streets. All the research clearly indicates these vehicles are not intended for use on paved streets and authorization of such use could pose a safety risk. City staff has not found any new research to contradict the previously discussed safety concerns. Jacob McQuillin, 927 N. 22nd Street, was in attendance to speak in favor of approving off-road vehicles to operate on City streets. He said most of the vehicles have certified roll cages which make them safe. Mr. Duque, City Manager, read a Facebook post from Adriane Wallace Champagne stating her support of using off-road vehicles on City streets. Councilmember Neal spoke in favor of this issue. Gary Porter, Police Chief, said it would be a mistake to approve these vehicles for use on city streets. The manufactures say specifically not to operate on City streets and he agrees with the manufacturer that they are not safe. No action was necessary and no direction was provided on this issue. j. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Resolution No. 2021-13, authorizing the publication of the notice of intent for certificates of obligation to finance street improvement and drainage projects (Tax and Revenue Certificates of Obligation, Series 2021). MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. k. Pat O'Neill, Wathen, DeShong & Juncker, LLP were present to review the Comprehensive Annual Financial Report (audit) for the fiscal year ending September 30, 2020. He summarized the auditor's report and stated it was a clean audit opinion. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Hollier to accept the Fiscal Year 2019-2020 audit as prepared by Wathen, Deshong &Juncker, LLP. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • Mr. Duque passed around revised artwork proposed for the Avenue G elevated water tower • The City will host a blood drive Thursday from 11-5 • ASK will hold their opening day of baseball Saturday beginning at 10:00 a.m. at the Babe Ruth Ball Field Minutes Continued, March 22, 2021 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Austin to adjourn the meeting at 6:00 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 0„, /I 6Ki, Af/ i' , , . ,,��0 NEDeb"/% Don Albanese, Mayor 0.•...... 4 ' , City of Nederland, Texas % 'OF ��,,,\\\ ATTgS'ff" Gytu - 1 f/ ` , ay Ferg on, Ci y CI_41 City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor \ EN Talmadge Austin Council Member-Ward I V Billy Neal Council Member-Ward II v Emmett Hollier Council Member-Ward III V Sylvia Root Council Member-Ward IV Chris Duque City Manager V Gay Ferguson City Clerk Jesse Branick City Attorney V Cheryl Dowden Director of Finance Gary Porter Police Chief Terry Morton Fire Chief V Robert Woods Director of Public Works V George Wheeler Building Official \/ Victoria Klehn Librarian V Holly Guidry Human Resources Director / Joni Underwood Executive Secretary V Angela Fanette Parks Director v Dobanese, Mayor rAtapqa,YL, iGagsksx-k-- op March 22, 2021 Date 4�430N Coo ,y ALLISON NATHAN GETZ1, `, TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR _ .' * CHIEF DEPUTY TEX 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 $779,459.24, represents all taxes collected for CITY OF NEDERLAND during the month of February 2021. 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 RESOLUTION NO. 2021-11 A RESOLUTION OF THE NEDERLAND CITY COUNCIL 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 the asbestos abatement of 1132 Nederland Avenue in an aggregate maximum amount of not more than Twelve Thousand Eight Hundred Seventy-five dollars($12,875.00),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 the 8th day of MARCH. 2021 at which meeting a quorum was present anc(trotgn n,,,, ‘0..!\.1........ L?Pg—dagg.u2-11-9-- ti'l'ti* .Q c �� ��, 3n:v.)/\f�4.O Don Albanese,Mayor =,-..,:,C"...-. .•tG c7 City of Nederland,Texas apA )1,0-(4 Gay Fergus ,City Clerk City of Nederland,Texas APPROVED AS TO,FORM AND LEGALITY: Jesse .ranic , y Attorney City. ►,.erland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this the 22nd day of MARCH. 2021 at which meeting a quorum was present and voting. `00,wwu,,,, o�'oE�FR �O'_ 9e; 24..Q.0_I — ti,:cf ) = Don Albanese,Mayor vl E ;` J /•j!\j-•i p City of Nederland,Texas 1:.04A'- ..,v(,,,:= pth ---wg4 Gay Fergu n,City Cler City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jess- : k, y Attorney City. -derland,Texas RESOLUTION NO. 2021-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS EXTENDING THE DISASTER DECLARATION ISSUED BY MAYOR ALBANESE ON FEBRUARY 14, 2021 IN RESPONSE TO FEBRUARY 2021 WINTER STORMS WHEREAS, the City of Nederland, Texas has been impacted by the February 2021 Winter Storms;and WHEREAS,on February 14,2021, Don Albanese, Mayor of the City of Nederland,Texas issued a Declaration of Disaster declaring a state of disaster for the City of Nederland;and WHEREAS,the Nederland City Council via Resolution No.2021-10 authorized the extension of the Declaration of Disaster in accordance with Section 418.018 of the Texas Government Code;and WHEREAS,the conditions necessitating such disaster declaration continue to exist;and WHEREAS, pursuant to Section 418.108(b),Texas Government Code, a local state of disaster may not be continued for a period in excess of seven(7)days without the consent of the governmental body of the political subdivision;and WHEREAS,the continued effects of the February 2021 Winter Storms pose an imminent threat to public health and safety and immediate action of the City Council is required. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: Section 1. The declaration of disaster, which was signed and executed by the Mayor on February 14,2021,shall be extended by the City Council of the City of Nederland effective March 23, 2021 through April 22, 2021 in accordance with Section 418.018 of the Texas Government Code. Section 2. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Open Meetings Act,Texas Government Code,Chapter 551. Section 3. This resolution shall become effective from and after its passage. ````awuip gED AND APPROVED by the Nederland City Council this the 22ND day of MARCH,2021. U:6, Vii):�E >! �%erfu2.L, •� •1` ;•- Don Albanese, Mayor ?o'r OF �EF� ° City of Nederland, Texas AWieVe l/fen -- Gay Fergon, City erk APPROVED AS TO FORM AND LEGALITY: Jess- c , City Attorney ORDINANCE NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUSPENDING THE RATES PROPOSED BY TEXAS GAS SERVICE COMPANY'S ("TGS" OR"COMPANY") GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON FEBRUARY 11, 2021; 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 February 11, 2021, Texas Gas Service ("TGS" or "Company") filed an Annual GRIP adjustment with the City of Nederland ("City") to increase gas rates in the Central/Gulf 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 April 12, 2021, 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 TGS'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 the Company's proposed rate increase for 45 days beyond the Company's proposed effective date until May 27, 2021 in order to review the Company's filing for compliance with Gas Utility Regulatory Act § 103.001; 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,is hereby suspended until May 27, 2021. Section 3. To the extent the City finds that the rates proposed by the Company's filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become effective by operation of law on May 27, 2021. 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 22ND day of MARCH, 2021. -o• on Albanese,Mayor :g�') fN i\� �•Oz City of Nederland,Texas ,dkriP s\ „„„11 III 111111���`` _/4 At Aid Gay Fergu fin,City Clerk City of Nederland, APPROVED AS TO FORM AND LEGALITY: soPeZ Jess : • T,City Attorney City• ederland,Texas ORDINANCE NO. 2021-04 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 4, 2021; 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 4, 2021, 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 Division with the City of Nederland ("City") to increase gas rates in the Beaumont/East Texas Division 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 3, 2021, 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 June 17, 2021 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 June 17, 2021. 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 June 17, 2021. 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 22ND day of MARCH, 2021. � c��E: < 1.1 1, o` Don Albanese,Mayor — �< City of Nederland,Texas • IA to /1 Ail ay Ferg ion,City Cler City of Nederland, APPROVED AS TO FORM AND LEGALITY: Jess: :ran' , ity Attorney City of -derland,Texas