October 25, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 0.m. October. 2S, 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:
'CPU RSUANT TO SECTION 00.02', PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER CHAPTER 411, GOVERNMENT CODE KHAN DGIJN 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 Randy Sonnier, Councilmember
Ward III.
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 Austin and seconded by Councilmember Sonnier
to approve the Consent Agenda Items a-e with the addition of adding street segment
Atlanta from 17°M1 Street to 215° Street on item e(3)_ MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
a. Minutes - October 11, 2021 regular meeting
b. September 2021 Departmental Reports
c. Tax Assessor Collection Report - September 2021
d. Consider action approving a request from Nederland Little Dribblers to utilize the
Nederland Recreation Center gymnasium for practices and the waiver of associated
fees.
e. Street Closure Requests:
• Consider action authorizing the closure of Boston Avenue between 15th
Street and 17rh Street and all intersections on Sunday, October for the
Nederland Chamber of Commerce's Trunk-R-Treat event.
• Consider action authorizing the closure of Boston Avenue between 12th
Street and 17rh Street and all intersections on Saturday, December 4'h for
the Christmas on the Avenue event.
• Consider action authorizing the closure of 21.' Street from Detroit Avenue
to Nederland Avenue, Detroit Avenue from 17p. Street to 215° Street,
Nederland Avenue from 21sz Street to 12°M1 Street, 12°h Street from
Nederland Avenue to Boston Avenue, and Boston Avenue from 12'h Street
Minutes Continued, October 25, 2021
to 17th Street on Tuesday, December 7th for the Annual Lighted Christmas
Parade.
4. REGULAR AGENDA
a. Chris Duque, City Manager, stated James Bailey, owner of 118 5th Street, at the
September 27th City Council meeting, was provided 60 days (November 26th) to
bring the exterior of the property into building compliance with the understanding
the code enforcement violations would be resolved within 14 days. At the October
11th City Council meeting an extension of 14 days was granted to resolve all code
enforcement violations. Mr. Duque shared pictures of the property with City
Council which showed the code violations have been brought up to code.
Mr. Bailey's daughter reported they hired a contractor to make the necessary
structure repairs and the contractor will be meeting with Mr. Wheeler, Building
Official, this week.
No action was necessary.
b. The regular meeting was recessed and a Public Hearing was called to order at 4:39
by Mayor Albanese for the purpose of receiving questions and/or comments
regarding the City of Nederland's Coronavirus Local Fiscal Recovery Fund
allocation.
Chris Duque, City Manager, said this public hearing was to allow interested
persons, businesses, and non-profit agencies to provide comments or ask
questions regarding the City of Nederland's Coronavirus Local Fiscal Recovery Fund
allocation of $4,304,289.72. Based on comments received during the public
hearing, staff will begin drafting a formal plan for these funds and it will be
presented at the December 20th City Council meeting. No action was necessary.
John Ortiz asked if Doornbos Park would be eligible to receive funding. Mr. Duque
said the guidance is unclear but the City will wait for additional guidance in the
coming months regarding parks. Mr. Duque also said the City will be working
with non-profits who lost revenue due to the Heritage Festival being cancelled.
However, as with any sub-recipient there will be regulations to be followed.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 4:45 by Mayor Albanese.
c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Austin to appoint Gary Tiner to the Civil Service Commission for a term ending
June 30, 2023. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
d. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to appoint Anthony Toups and Billy Wayne Doornbos to the Nederland
Economic Development Corporation Board of Directors for terms ending September
30, 2023. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
Minutes Continued, October 25, 2021
e. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Root to approve a request from the Nederland Independent School District to utilize
the Nederland Recreation Center as the secondary evacuation location for Hillcrest
Elementary School. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
f. Chris Duque, City Manager, introduced Molli Hall as the new Library Director. Ms.
Hall has worked for the city since February 2006 and holds a Master of Library
Science degree. No action was necessary.
g. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Austin to approve Resolution No. 2021-31, casting votes for Nicky Matt as a
candidate for the Board of Directors of the Jefferson County Appraisal District.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
h. Chris Duque, City Manager, reported Jefferson County Water Improvement District
10 contacted the City last summer regarding utilizing a portion of the City's acreage
adjacent to Sunoco for their Wastewater Treatment Plan discharge. The easement
will be utilized at a cost of$100,000 which translates to a per rod price of$329.55.
Mr. Duque said the City will proceed with moving forward with Jefferson County
Water District 10 unless there are any objections. No action was necessary.
i. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Sonnier to award a bid to MK Constructors in the amount of $1,144,326.00 for the
2021 - 2022 Concrete Pavement Improvements project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
j. Chris Duque, City Manager, said the Insurance Services Office, Inc. has completed
its analysis of the City's fire insurance classification and has determined the City's
Public Protection Class. They upgraded the City 's Public Protection Class to 03/3X
which is one step up from the previous rating. This program is important to
insurance companies' underwriting process. Public Protection Classification
information is utilized when deciding what businesses to write, coverages to offer,
or prices to charge for personal or commercial property insurance. No action was
necessary.
k. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to approve Ordinance 2021-19, amending the fiscal year 2021 - 2022
budget. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
I. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Root to authorize the purchase, via state-approved contract, of 13 self-contained
breathing apparatus, in the amount of $108,642.22, for the Nederland Fire
Department. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
Minutes Continued, October 25, 2021
m. A motion was made by Councilmember Sonnier and seconded by Councilmember
Root to approve the First Amendment to the Agreement between the City of
Nederland and Sunoco Partners Marketing &Terminals L.P. which will extend the
current agreement by one year and freeze the payment amount. Sunoco agrees to
provide the City 120-day notice of any plans to lease a portion of the property.
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 report:
• Bourque and Hodgson Road project is substantially complete. A
couple of punch list items need to be completed before acceptance.
• Hodgson Road Lift Station is online but there is still an outstanding
issue to be completed before acceptance.
• Wastewater Treatment Plant Phase 1 and 2 are underway.
Estimated completion date is May 2022.
• Asphalt Overlay Street project is complete and close out
documentation is being finalized.
• 2022 Concrete Street pre-construction meeting is scheduled for
mid-November. They will be informed of the critical schedule of
March 4, 2022 for the Babe Ruth Parking Lot.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Mayor Pro Tern Austin to adjourn the meeting at 5:16 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
``��0"N None.
ED��:
.•'�O`_ D on Albanese, Mayor
City of Nederland, Texas
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ATTE�S'>rj""s,,.
G y Ferguso City Clerk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESEN ABSENT
Don Albanese Mayor
Talmadge Austin Council Member—Ward I V
V
Billy Neal Council Member—Ward II
Randy Sonnier Council Member—Ward III V
Sylvia Root Council Member—Ward IV V
Chris Duque City Manager V
Gay Ferguson City Clerk V
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance v
Gary Porter Police Chief V
Terry Morton Fire Chief V
Robert Woods Director of Public Works Ni7/
V
George WheelerBuilding Official /
•411r1,14641111 `' Librarian •v
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary
Angela Fanette Parks Director
Adi,,,,,,,
on Alba�e, Mayor
lam` C -�/
ay Ferguso City Clerk
October 25, 2021
Date
i*SONc
4 --PG.
ALLISON NATHAN GETZ ., ,;,, �., .< TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR 4 \ , A * ' CHIEF DEPUTY
?'EXA.
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 $12,897.30, represents all taxes collected for CITY OF NEDERLAND
during the month of September 2021.
d IL
Allison Nathan Getz, P.C.C.
JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-2 1 1 2
PHONE: (409)835-8516 • FAX: (409)835-8589
ORDINANCE NO. 2021-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2021-
2022 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No. 2021-15 which adopted
the Fiscal Year 2021-2022 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 2021-2022 City budget states "That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2022 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2021 and ending September 30,2022,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 2021-2022 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
(tEG R/MEETING THIS THE 25th DAY OF OCTOBER,2021.
�r� t)�� �
v 4'� 4 f):C)= Don A anese,Mayor
O �'�1/oltfiA.'O City of Nederland,Texas
II 0"
Gay Fergus ,City Clerk
APPROVED AS TO FORM AND LEGALITY:
Jesse Br,70p
C' Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2021-2022
DATE: October 25, 2021
DEPARTMENT: Various
FUND: Equipment Replacement-GF (34)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
34-0000-6744 Miscellaneous Equipment 70,000 110,000 180,000
TOTAL 70,000 110,000 180,000
JUSTIFICATION
The Misc. Equipment line-item is increased to fund the purchase of 13 replacement SCBAs for the NFD.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
CITY OF NEDERLAND
RESOLUTION 2021-31
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, 2021.
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:
Allison Nathan Getz
Eugene Landry
Lauren Williams Mason
Dr. Louis Reed
Nicky Matt 59
�F NED O RESOLVED,this the 25th day of October, 2021.
`d
:',qa �,{� o= " Qr 9
on Albanese, Mayor
p'•�'i4�; ply•�4 City of Nederland,Texas
� c ,,.
Gay Fergus ,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
,�MM�Y�
Jesse Branick, y Attorney
City of a and,Texas
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2022-2023 Board of Directors
Based on 2020 Tax Levies
% of Total
2020 Tax Levy Tax Levy # of Votes
Drainage District#6 $20,570,123.42 3.39% 169
Drainage District#7 $33,408,896.01 5.50% 275
Navigation and Waterways Dist $21,640,932.43 3.56% 178
Port of Beaumont $11,011,512.63 1.81% 91
Port of Port Arthur $11,809,139.93 1.94% 97
Port of Sabine Pass $1,215,034.21 0.20% 10
Trinity Bay Conservation Dist $25,124.47 0.00% 0
WCID #10 $1,163,394.56 0.19% 10
SUBTOTAL C & R DISTRICTS: $100,844,157.66 16.60% 830
Jefferson County $88,186,540.62 14.52% 726
Beaumont ISD $138,370,797.63 22.78% 1,139
Hamshire-Fannett ISD $9,144,531.17 1.51% 75
Hardin Jefferson ISD $6,385,935.29 1.05% 53
Nederland ISD $37,686,593.77 6.20% 310
Port Arthur ISD $82,576,036.09 13.60% 680
Port Neches-Groves ISD $35,893,614.19 5.91% 296
Sabine Pass ISD $10,236,088.26 1.69% 84
City of Beaumont $55,762,721.99 9.18% 459
City of Bevil Oaks $123,714.14 0.02% 1
City of Groves $6,143,572.98 1.01% 51
City of Nederland $7,166,215.37 1.18% 59
City of Port Arthur $21,651,856.26 3.56% 178
City of Port Neches $7,161,288.31 1.18% 59
City of Taylor Landing $50,776.60 0.01% 0
SUBTOTALS: $506,540,282.67 83.40% 4,170
TOTALS: $607,384,440.33 100.00% 5,000