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December 20, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:32 Fa-sirs. December 20, 2021 1_ MEETING The meeting was called to order at 4:32 p.m. by Mayor Albanese at the Nederland City Office Building, 207 N. 12.^ Street, Nederland, Texas. See attached for quorum. The Following statement was posted: "PURS UANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDG1.1N3, A PERSON LICENSED UNDER SUBCHAPTER CHAPTER GOVERNMENT CODE (HANDGUN LICENSING LAW3, 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 Councilmember Root and seconded by Councilmember Sonnier to approve the Consent Agenda Items a-c as presented_ MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. a. Minutes - December 6, 2021 regular meeting to. November 2021 Departmental Reports c_ Tax Assessor Collection Report - November 2021 4_ REGULAR AGENDA a. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Austin to approve proclamations recognizing the Nederland Bulldogs football team for the 2021 Bum Phillips Bowl victory and declaring December 20, 2021 as Nederland Bulldogs Day. to. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Root to reject a bid from Progressive Commercial Aquatics in the amount of $234,580 and authorize rebid of the Nederland Swimming Pool Deck Rehabilitation project. MOTION CARRIED_ Minutes Continued, December 20, 2021 Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. c. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Root to approve Resolution No. 2021-33, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to Mid-County Plaza (Henry LaBrie's airport development). MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. d. A motion was made by Councilmember Neal and seconded by Councilmember Sonnier to approve Resolution No. 2021-35, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to Checkerboard Restaurants III, LLC. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. e. Chris Duque, City Manager, reported the presented final plat, Pham Place, has been renamed from the preliminary plat submitted in the name of Laura Place. The name change is the only change from the preliminary plat. Staff recommends approval of this final plat subject to the developer submitting the subdivision's deed restrictions and the creation and responsibilities of the Homeowner's Association. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to approve the final acceptance of Pham Place Private Duplex Subdivision and accepting the water main, which includes hydrants, valves, and meters, subject to the submission of required documents by the developer. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. f. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to approve Ordinance No. 2021-21, amending the fiscal year 2021-2022 budget. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. g. Chris Duque, City Manager, stated the City of Nederland's allocation from the Coronavirus Local Fiscal Recovery Fund is $4,304,289.72. A public hearing was held in October to solicit public input regarding how these funds should be used. Staff intended to present a complete plan for the use of the funds, but due to the issue at the Nederland Tank Wash, the plan has not been completed. A program to assist local, non-profit organizations was a priority and a copy of a draft program has been included for your review. Staff is proposing allocating $250,000.00 for assistance to non-profit organizations with a cap of $10,000.00 per non-profit. These funds would be utilized to assist non-profit organizations that have had a loss in revenue due to the impacts of the COVID-19 pandemic, as well as non-profit organizations that are providing specific services to the community. Another defined allocation proposed is $1M that would go toward water line replacement. Due to the slate of construction projects already funded, it would be Minutes Continued, December 20, 2021 necessary to delay this project until early 2023. Staff will complete the proposal for the remaining funds by the January 10th City Council meeting. There was no action necessary. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • Police Department will be swearing in 2 new police officers Tuesday at 2:00 p.m. • City Offices will be closed Thursday and Friday in observance of Christmas Eve and Christmas Day. • City Offices will be closed Friday, December 31st in observance of New Year's Day. • Christmas dumpster will be available beginning December 27th at 7:00 a.m. • Chris thanked the Police Department, Fire Department, Parks Department and Library for the successful Christmas activities. Chris Duque and Mayor Albanese wished everyone a Merry Christmas and Happy New Year. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Sonnier to adjourn the meeting at 5:02 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. ,,,,;Noes: None. '�G 0.0 *� ��. p D n Albane e, Mayor }G 1JTJ�. G ✓= tti City of Nederland, Texas Al ay Fergus , ity Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor n Talmadge Austin Council Member-Ward I Billy Neal Council Member-Ward II V Randy Sonnier Council Member-Ward III Ni Sylvia Root Council Member-Ward IV V Chris Duque City Manager V q V Gay Ferguson City Clerk Jesse Branick City Attorney V Cheryl Dowden Director of Finance Gary Porter Police Chief V Terry Morton Fire Chief v Robert Woods Director of Public Works �, / George Wheeler Building Official V Molli Hall Librarian i HollyGuidryHuman Resources Director v Joni Underwood Executive Secretary V Angela Fanette Parks Director V Al[ a16-0 Don Albanese, Mayor y ergu n, Ci y all4114./ December 20, 2021 Date $v" CpG, ALLISON NATHAN GETZ 1; , 1, _� TERRY WUENSCIIEL CHIEF DEPUTY TAX ASSESSOR-COLLECTOR \ " * * 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 $517,457.98, represents all taxes collected for CITY OF NEDERLAND during the month of November 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 2021-33 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 Mid-County Plaza,in an aggregate maximum amount of not more than Three Hundred Thousand dollars($300,000.00),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 6th day of December , 2021 at which meslg„A,5uorum was present and voting. NEDF iD,÷1( 04.4,..44.„__ c▪ '• �4,4�/tea': Don Albanese,Mayor -,G tea.':. .-,. �c`, City of Nederland,Texas PCWelPil kay Fergity Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: a�c� Jesse B ity Attorney City o ederland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS thiOltday ofDe(.84-8' ,2021 at which meeting a quorum was present and voting. N....... zatt,/—&24A2. 12 EDERC°'', on Albanese,Mayor City of Nederland,Texas ay Fer son, ity C rk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse Br ck, ty ttorney City of N de nd,Texas ORDINANCE NO. 2021-21 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 REGULAR MEETING THIS THE 20th DAY OF DECEMBER,2021. F%EDER ... ,2• l on Albanese,Mayor *AO . City of Nederland,Texas Gay Fer son,City CI k APPROVED AS TO FORM AND LEGALITY: Jesse = ity Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2021-2022 DATE: December 20,2021 DEPARTMENT: Water Treatment(60) FUND: Water&Sewer(50) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 50-6000-6110 Salaries&Wages 394,341 36,336 430,677 50-6000-6113 Longevity 4,032 200 4,232 50-6000-6121 Group Insurance 67,911 6,095 74,006 50-6000-6124 TMRS 34,919 2,060 36,979 50-6000-6126 Social Security 35,713 2,793 38,506 50-6000-6128 Worker's Compensation 9,580 749 10,329 TOTAL 546,496 48,233 594,729 JUSTIFICATION Funds are allocated to create a new Water Plant Trainee position in the Water Treatment Department. The trainee position is necessary due to two planned/expected retirements. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of