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August 16, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEUERLANU 4:30 p_rrm_ August 10, 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. The following statement was posted: "FURS UANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLUER WITH AN OPENLY CA RRIEU HAN UG IJN), A PERSON LICE NSEU UNDER SUBCHAPTER CHAPTER GOVERNMENT CODE (HANUGIJN LICENSING LAW 3, MAY NOT ENTER THIS PROPERTY WITH A MA NI UGUN THAT IS CA Pr-RIEU OPENLY." 2. INVOCATION ANU PLEDGE OF AL ILEGIANCE 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 Councilmember Root and seconded by Mayor Pro Tern Austin to approve the Consent Agenda Item "a" as presented. MOTION CARRIEU_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. a. Minutes - July 26, 2021 regular meeting, July 7, 2021 special meeting, July 12, 2021 workshop meeting, and August 2, 2021 special meeting. 4_ REGULAR AGENDA a. Randy Sonnier, Councilmember Ward III was sworn in by Judge Kent Walston. b. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Austin to accept the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIE U_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. Minutes Continued, August 16, 2021 c. Henry LaBrie addressed City Council in regard to his airport development. Specifically, he asked if the City supported his planned development. No action was taken. d. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Root to amend Ordinance No. 2020-21, effective June 1, 2021, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. e. Chris Duque, City Manager, stated Water Improvement District 10 contacted the City in regards to utilizing the City's acreage adjacent to Sunoco. Currently the Water District's Wastewater Treatment Plant discharge location is Rodair Gully- Taylor's Bayou. It is necessary for the Water District to relocate their discharge location and they have selected the Neches River. Last year, the Water District presented their final route of their effluent water from their WWTP to the Neches River. This route is parallel to the Sabine Neches Navigation District's levee on the City's property. The Water District has advised City staff the Navigation District and Sunoco have consented to this route. Negotiations with the U. S. Army Corp of Engineers are being discussed. The City has granted a right of entry for the Water District's surveyors and engineers to survey and inspect the property. In order to assist the Water District, the City would sell an easement, at fair market value, similar to a pipeline easement. Tommy McDonald, General Manager for Jefferson County Water District 10, gave a brief presentation to the City Council regarding their proposed plan for the new wastewater discharge route. No action was necessary. f. The regular meeting was recessed and a Public Hearing was called to order at 5:00 p.m. by Mayor Albanese for the purpose of receiving questions and/or comments regarding rehabilitation or condemnation of an abandoned and dilapidated structure at 2512 Avenue B, described as E 'h Lot 22 and W 1/2 Lot 23, Block 4, Hillcrest 1st Addition. Chris Duque, City Manager, said the public hearing was being held for the purpose of receiving comments regarding the rehabilitation or condemnation and demolition of property located at 2512 Avenue B. The property is considered a danger to the public health and safety and considered to be substandard and unfit for human habitation. The property owner was sent notification via certified mail. In accordance with Ordinance No. 2001-07, the basic criteria utilized by George Wheeler, Building Official, whether a building should be demolished involves the value of the necessary repairs versus the appraised value of the structure. If the cost of repairs exceeds 50% of the appraised value, the building is considered eligible for demolition. The City Council, however, retains the ultimate authority to determine what action, if any, will be taken with respect to the removal or repair of the structure. Minutes Continued, August 16, 2021 George Wheeler, Building Official, said this is the perfect example of a structure that needs to be torn down. It is leaning and is dangerous to the community. No action was necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:02 p.m. by Mayor Albanese. g. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to order demolition of the structure within 45 days or within the same 45 days the property owners or a lien or mortgage holder must submit a copy of the written appeal to the appropriate Court of Record. MOTION CARRIED. Ayes: Mayor Albanese, Councilmember Austin, Neal, Sonnier, and Root. Noes: None. h. Fiscal Year 2021-2022 Budget: i. Chris Duque, City Manager, stated the City Charter requires a preliminary budget be presented to the City Council. At the budget workshop held on July 12, 2021 the preliminary budget was presented. This budget has been amended by $10,000 in the Water & Sewer Fund and $5,000 in the Solid Waste Fund to ensure the budget is balanced. He said a public hearing must be scheduled to solicit public input/comments regarding the budget. A copy of the budget is available in the City Clerk's Office and will be posted on the City's website. Mr. Duque recommended approval of Resolution No. 2021-26 setting a public hearing date of Monday, August 30th at 4:30 p.m. at the Nederland City Hall. The budget will be considered for approval at the September 16th City Council meeting. Budget Highlights include: General Fund • Budget utilizes no-new revenue tax rate of $0.517206 per $100 assessed taxable value; certified appraised certified taxable values increased (158 million or 12.78%) from $1,236,939,594 to $1,394,973,541. • Unbalanced budget with revenues totaling $12,443,681 and expenditures totaling $14,318,681; designed to draw down fund balance by 2 million, which will be spent on capital projects. • Expenditures represent an increase of 19.87% or $2,373,481 over last year's adopted budget. $1,875,000 is allocated in transfers-out for capital projects, significant portion toward salary and benefit cost increases, which includes a new police officer position, increasing monthly allocation to the Senior Citizen Center, $50,000 for a street light project, $125,000 to re- carpet the Library, and approximately $74,000 in additional general, windstorm, and motor equipment insurance costs. • 2% COLA for all regular, full-time employees; adjustments to Firefighter pay plan per their collective bargaining agreement; implementation of revised pay plan following salary survey; and implementation of part-time employee pay plan. Water & Sewer Fund • Balanced budget with revenue and expenditures equaling $5,536,038 which is an increase of 5.56% or $291,745 from last year's adopted budget. Minutes Continued, August 16, 2021 • Water base rate increase $0.25; $0.50 increase to per thousand gallons of water and Sewer base rate increase of $0.25; and $0.40 increase to per thousand gallons of sewer. • 2% COLA for all regular, full-time employees; steps for hourly employees affected by the 2021 salary survey on October 1, 2021; steps for hourly employees and for salaried employees not affect by salary survey on their anniversary date. • $215,650 increase in general, windstorm, and motor equipment insurances. • $253,000 for Untreated Water (updated LNVA water allocation). Solid Waste Fund • Balanced budget with revenue and expenditures equaling $1,684,878 which is an increase of 2.09% from last year's adopted budget • No rate adjustment proposed. • 2% COLA for all regular, full-time employees; steps for employees not affected by salary survey on anniversary date; steps for employees affected by salary survey on October 1, 2021 Equipment Replacement Funds • General Fund: $150,000 for purchase of 3 police patrol units (Ford Explorers), and a Streets Broom for the Streets Department. • Water & Sewer Fund: No submitted requests. • Solid Waste: $370,000 allocated for the purchase of a garbage truck; $70,000 out of reserves Street Improvements $3,051,200 is allocated for street improvements. $275,000 is allocated from the Street Improvements line-item in the Streets Department, and $2,776,200 is allocated in the Street Improvement Fund. The revenue includes the $775,000 in sales tax and $1 million will be transferred in from the General Fund ($1 million is part of the $2 million General Fund fund balance reduction. The expenditures include carry-over funds and transfer-out funds programmed to end the fiscal year 2020-2021. Project includes: • 30th Street (Nederland Avenue to Atlanta Avenue - concrete repairs with drainage component • Avenue H (alt A) - concrete repairs from 14th to 29th Streets • Avenue H (alt B) - concrete repairs from 29th Street to frontage road • 21st Street - concrete repairs from Detroit Avenue to Helena Avenue A motion was made by Councilmember Neal and seconded by Councilmember Sonnier to approve Resolution No. 2021-26, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2021 and ending September 30, 2022 and calling for a Public Hearing to be held on August 30, 2021 at 4:30 p.m. at Nederland City Hall (207 N. 12th Street) for the purpose of discussing the proposed budget, as per Article VI of the City Charter. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. ii. Chris Duque, City Manager, stated Nederland has a current tax rate of $0.579708 per $100 assessed value which is the lowest tax rate in Jefferson County. In 2019, the State Legislature approved Senate Bill 2 that made significant changes to property taxes. Previously, the City discussed adopting a tax rate between the effective tax rate (the benchmark tax rate needed to raise the same Minutes Continued, August 16, 2021 amount of maintenance and operations property taxes on existing property as the previous year after taking into account changes in appraised values) and the rollback tax rate (the tax rate necessary to raise precisely 8% more maintenance and operations tax revenue as the year before after taking into account appraisal fluctuations.) Following Senate Bill 2 approval, the term effective tax rate has been changed to no-new-revenue tax rate and rollback tax rate has been changed to voter-approval tax rate. The voter-approval tax rate is calculated utilizing 3.5% instead of 8%. The effective tax rate or no-new revenue tax rate has been calculated as $0.517206, and the rollback tax rate or voter-approval tax rate has been calculated as $0.524247. On Friday, July 22, 2021, Jefferson County Appraisal District submitted the assessed taxable value of $1,394,973,541, an increase of 12.78% or $158,034,947. Mr. Duque recommended the city council consider reducing the tax rate to the no-new revenue (or effective) tax rate of $0.517206 per $100 assessed valuation. The proposed budget is based on this tax rate. Per state law, it is necessary for the City to hold a public hearing on the proposed no-new revenue tax rate; the proposed tax rate public hearing will be held on Monday, August 30th. The subsequent agenda items are included to satisfy legal requirements. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Austin to approve a proposed tax rate of $0.517206 per $100 assessed valuation for the fiscal year beginning October 1, 2021 and ending September 30, 2022. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. iii. A motion was made by Mayor Pro Tem Austin and seconded by Councilmember Root to schedule tax rate adoption dates: • Monday August 30th at 4:30 p.m. at the Nederland City Hall (regular meeting) - Public Hearing • Thursday, September 16th at 4:30 p.m. at the Nederland City Hall (regular meeting) - Adopt the tax Rate MOTION CARRIED: Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. iv. A motion was made by Councilmember Root and seconded by Mayor Albanese regarding the proposed tax rate and establishing the date of August 30, 2021 at 4:30 p.m. for public hearing. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: Robert Woods gave a brief construction update. • Bourque and Hodgson Roads are substantially complete. • Hodgson Road Lift Station is nearing completion. Entergy has made the upgrades to the power supply and it will be switcher over next week. • Wastewater line on 14th Street is completed and closed out. Minutes Continued, August 16, 2021 • Elevated Storage Tanks are completed and final adjustment on lights will be made. • LNVA Canal Bridge should be completed by end of next week. • Boston Avenue Asphalt is underway. Contractor will be sealing joints today and tomorrow and asphalt will begin tomorrow evening. • The County completed 3.2 miles of chip seal last week. b. The Port Arthur Health Center will be giving vaccinations tomorrow at the Recreation Center from 9:30 a.m. to 7:30 p.m. on a walk-in basis. c. Tomorrow evening will be the 3rd Town Hall meeting. It will be open to the public and also available on Facebook Live. The main topic will be budget and taxes. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Neal to adjourn the meeting at 5:29 p.m. MOTION CARRIED. 0n1,111ry Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. \\`\\\UED ,r 14o,es: None. �.N . r. v: on Albanese, Mayor / g City of Nederland, Texas • G y Fergus , City Cle City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT, ABSENT Don Albanese Mayor V Talmadge Austin Council Member—Ward I V Billy Neal Council Member—Ward II v Randy Sonnier Council Member—Ward III V Sylvia Root Council Member—Ward IV V Chris Duque City Manager Gay Ferguson City Clerk V7. Jesse Branick City Attorney V Cheryl Dowden Director of Finance GaryPorter Police Chief Vz \ TerryMorton Fire Chief Robert Woods Director of Public Works / George Wheeler Building Official V Victoria Klehn Librarian V Holly Guidry Human Resources Director Joni Underwood Executive Secretary V Angela Fanette Parks Director V i�Oet ez40•14_, e •n Albanese, Mayor .11 to - _ti,/(,.r ay Fergu i•n, City Cle August 16, 2021 Date AMENDMENT TO ORDINANCE NO. 2020-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 2020-21, UTILITY RATES AND REGULATIONS; ADJUSTING ADJUSTMENTS AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, on August 24, 2020, the Nederland City Council approved Ordinance No. 2020-21 that established utility rates and regulations effective October 1, 2020; and WHEREAS, the Nederland City Council determines it is in the best interest of the community to provide additional utility bill relief. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS,THAT: Section 1: The statements set out in the preamble to this Ordinance are true and correct; and Section 2: Ordinance No. 2020-21 is hereby revised with the following revisions: A. Section 20. Adjustments is amended to read as follows: SECTION 20.Adjustments. 1. The City Manager and/or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing.Customer must provide an invoice or receipt as proof that the leak has been repaired before issuance of adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including base rate and maintenance fee.An adjustment will be made based upon an average of six monthly bills during the previous six-month period. 3. In the event that water usage during the billing period exceeded 50,000 gallons,the cost of water shall be adjusted by one-third (1/3) of the excess water usage based upon an average of six monthly bills during the previous six-month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. 4. In the event that water usage during the billing period exceeded 95,000 gallons and was the result of a tree root damaging the water meter or delaying the repair as determined by City Council action, the cost of water shall be adjusted by three- quarters(3/4)of the excess water usage based upon an average of six monthly bills during the previous six-month period;however,the adjusted bill shall not be less than $100. Such an adjustment,however,shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. 5. In no case shall a sewer adjustment be granted if the CITY notified the customer of a potential water leak on his/her property. 6. Sewer adjustments will be limited to one per 12-month period. Sewer adjustments shall not exceed$2,500 unless approved by the City Council. 7. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for an adjustment,a customer,who resides within the city limits must have a Building Permit issued by the City of Nederland Inspections Department. To be eligible for an adjustment,a customer,who resides outside the city limits shall submit a copy of the contract with the pool company to the Utility Billing Supervisor and have filled the pool within the last billing cycle. 8. Any suspected billing errors should be reported to the Billing & Collections Department when the billing error is discovered. If a billing error did occur, an adjustment will be calculated to correct the error. However, adjustments will be limited to the previous twelve months billing and require the city manager's approval. 9. Due to the February 2021 Winter Storms,the cost of water shall be adjusted by one- third (1/3) of the excess water usage based upon an average of six monthly bills during the previous six-month period on utility bills that include the period between February 14`1' and February 19`h. This adjustment shall apply to all customers,not just those who averaged less than 50,000 gallons based upon an average of the preceding 12 months or those whose water usage exceeded 50,000 gallons. For utility customers whose account is in the name of a senior citizen (65 years and older), a disabled person, or a person residing in a low-income household and averages no more than 4,000 gallons a month based upon an average of the preceding 12 months, the cost of water shall be adjusted by one-half(1/2)of the excess water usage based upon an average of six monthly bills during the previous six-month period. The City Manager is authorized to develop the mechanism to confirm a customer meets the senior citizen,disabled person,or low-income household criteria;the City Manager's determination is final. An adjustment would also be made to the utility bill via the cost for sewer service, including base rate and maintenance fee. An adjustment will be made based upon an average of six monthly bills during the previous six-month period. Finally, any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. The City Manager shall make this determination, and the City Manager's determination is final. 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 take effect and be in force from and after its passage. PASSED AND APPROVED THE 16TH day of AUGUST, 2021. : APPROVED: `oy OF NFL (-): 196we/ AM' Don Albanese,Mayor ", .` c0?o` City of Nederland,Texas Gay Fergu n,City Clerk City of Nederland APPROVED AS TO FORM AND LEGALITY: Alp a, k,City Attorney .f Nederland,Texas CITY OF NEDERLAND RESOLUTION 2021-26 A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30,2022. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the fiscal year beginning October 1, 2021 and ending September 30,2022; and WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed or amended form; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 4:30 p.m.,August 30,2021,to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. 000,1,11,1,P4,;SSED AND APPROVED this the 16th day of August 2021. ,‘‘VNED((-,f)' --,k....)•tr, i .,1 •V•-, 130(/ Alatj2AL a:.44 PA A •z Don Albanese, Mayor G,L —, •'��� City of Nederland,Texas A ,� ay Fergu n, City Clerk Pay City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: ifGypJesse BCi Attorney City of an ,Texas