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February 14, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 14, 2022 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: "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 Randy Sonnier, Councilmember Ward 3. 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 - January 24, 2022 regular meeting b. Consider action authorizing the Jefferson County Mosquito Control District to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the city limits of Nederland. c. Consider action regarding a request from Jillian Hunt to hold a Goat Yoga event at Doornbos Park on Sunday, November 6th. 4. REGULAR AGENDA a. The regular meeting was recessed and a Public Hearing was called to order at 4:34 p.m. by Mayor Albanese for the purpose of receiving comments regarding the rehabilitation or condemnation and demolition of an abandoned and/or dilapidated structure at the following address: 215 23rd Street (Lot 9 Block 5, Hilltop Addition). Minutes Continued, February 14, 2022 Chris Duque, City Manager, reported Tommy Page is the owner of this property and was sent notification regarding the condition of the structure. In accordance with Ordinance No. 2001-07, the basic criteria utilized by George Wheeler, Building Official, in determining whether a building should be demolished involved the value of the necessary repairs versus the appraised value of the structure. If the cost of the repairs exceeds 50% of the appraised value, the building is considered for demolition. Tommy Page, owner and resident of 215 23rd Street, stated he is in the process of removing the top story and putting the roof back on. He said he has contacted contractors who took advantage of him and endured emergency situations such as 2 hurricanes and COVID. Mr. Wheeler said he has received several complaints but feels it is the best decision to remove the top story. The wall will still need to be moved by 3 feet and house will need to be dried in and reroofed. Deborah Sanchez, owner of property at 219 23rd Street, voiced concerns about it taking so long for him to do the work. She said he only started working on it last week because he knew this meeting was coming up. She feels if he is given additional time, he will again wait until the last minute and ask for additional time. No action was necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:49 by Mayor Albanese. b. A motion was made by Councilmember Sonnier and seconded by Councilmember Root to allow 45 days to complete demolition work on a structure located at 215 23rd Street (Lot 9, Block, 5, Hilltop Addition) or within the same 45 days submit written appeal to the appropriate Court of Record. MOTION CARRIED. Ayes: Mayor Albanese, Councilmember Austin, Neal, Sonnier, and Root. Noes: None. c. The regular meeting was recessed and a Public Hearing was called to order at 4:59 by Mayor Albanese for the purpose of receiving questions and/or comments regarding the rehabilitation or condemnation and demolition of an abandoned and/or dilapidated structure at the following address: 1620 Avenue C (Lot 20, C. Doornbos Addition). City Manager, Chris Duque, stated the owner of the property located at 1620 Avenue C is Gwendolyn Pruitt & Terry Pruitt Estate. Mr. Wheeler has been in contact with their son who is the owner's representative. In accordance with Ordinance No. 2001-07, the basic criteria utilized by George Wheeler, Building Official, in determining whether a building should be demolished involved the value of the necessary repairs versus the appraised value of the structure. If the cost of the repairs exceeds 50% of the appraised value, the building is considered for demolition. James Pruitt, owner's son and representative of property located at 1620 Avenue C, said his mother fell ill and has passed away. He is in the process of clearing out Minutes Continued, February 14, 2022 the house and selling it. The paperwork is being drawn up and the structure will be demolished by the new owner within weeks of taking possession. No action was necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:03 by Mayor Albanese. d. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Sonnier to allow 45 days for the demolition of property located at 1620 Avenue C. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. Note: The property owner was advised if the property is sold, the demolition order transfers to the new owner with no extra time given. e. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Neal to accept the Boston Avenue Arch after repairs to the paint, rust, and grout have been completed. 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 receive the Nederland Historical Society's 2021 financial report. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. g. A motion was made by Councilmember Sonnier and seconded by Councilmember Root to receive the Quarterly Investment Report from the Finance Department. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. h. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Austin to approve Ordinance No. 2022-04, amending the fiscal year 2021-2022 budget. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. i. Bids/Purchases: i. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Neal to authorize the solicitation of bids for water inventory items. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. ii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Austin to authorize the installation of new flooring at the Homer E. Nagel Public Safety Complex at a cost of $36,281.98. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. Minutes Continued, February 14, 2022 iii. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to authorize the solicitation of bids for new flooring at the Marion & Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. iv. A motion was made by Councilmember Sonnier and seconded by Councilmember Root to authorize a Request for Proposals for the operations and maintenance of the Nederland Swimming Pool. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. v. A motion was made by Councilmember Sonnier and seconded by Councilmember Root to award the windstorm insurance bid to Victor Insurance Managers, Inc. in the amount of $638,740. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. j. Chris Duque, City Manager, reported the City of Nederland received an allocation of$4,304,289.72 from the Coronavirus Local Fiscal Recovery Fund. The American Rescue Plan requires that funds be expended by December 31, 2026 for, the following purposes: 1) To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small businesses, and non-profits, or aid to impacted industries such as tourism, travel, and hospitality; 2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the State, territory, or tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; 3) For the provision of government services to the extent of the reduction of revenue of such State, territory, or tribal government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or tribal government prior to the emergency; or 4) To make necessary investments in water, sewer, or broadband infrastructure. The first proposed program is assisting non-profit organizations via the City of Nederland Non-Profit Grant Program and investing in infrastructure. Five hundred thousand ($500,000.00) is allocated for this program. Initially the Program will include a cap of $25,000.00 per non-profit organization. The funds are available to assist non-profit organizations that have had a loss in revenue due to the impacts of the CVID-19 pandemic, as well as non-profit organizations that are providing specific services to the community. It has not been determined whether to offer the assistance to non-profit organizations outside of the city limits but may be possible to allow this with the funding priority on local organizations then moving to organizations that serve Nederland residents. The Notice of Intent to Participate will be interested non-profit organization's first step in this process. These forms will need to be completed and submitted by March 18, 2022. It is anticipated the grants could be distributed mid to late May. Minutes Continued, February 14, 2022 A motion was made by Councilmember Root and seconded by Mayor Pro Tern Austin to approve the City of Nederland Non-Profit Partnership Grant Program. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:54 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.087 - Airport Development - Mid County Plaza. 6. RECONVENE The regular meeting was reconvened at 6:09 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • Street contract is finishing some issues on 30th Street then will move to Avenue H. • The Rotary Club of Nederland is hosting their Hooked on Fishing Not on Drugs event on February 26th 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Sonnier to adjourn the meeting at 6:12 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. \0,111n11i;rru/,, 619-0-17?- C-) ° ( ,ram' �` Don Albanese, Mayor jam : City of Nederland, Texas ay Fergus , City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor Talmadge Austin Council Member—Ward I Billy Neal Council Member—Ward II Randy Sonnier Council Member—Ward III 'V Sylvia Root Council Member—Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Gary Porter Police Chief Terry Morton Fire Chief Robert Woods Director of Public Works Y George Wheeler Building Official Molli Hall Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director Don Albanese, Mayor ,. G y Fer 9 on, City Clerk February 14, 2022 Date Jefferson County Mosquito Control District • Organized in 1950 Denise Wheeler, Director 1 I Advisory Commission: 8905 First Street I / Dr. M.O. Way, Chairman Beaumont, Texas 77705 Jaime Batiste, Secretary Phone: (409) 719-5923 ` ' George Mitchell Fax: (409) 727-4176 Matt Vincent wheeler®co.iefferson.tx.us ' Reginald Boykins Sr. January 24,.2022 AERIAL WAIVER Mayor's Office City of Nederland P.O. Box 967 Nederland, TX 77627 The Jefferson County Mosquito Control District is authorized to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the limits of City of Nederland, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regulati ns governing this type of application. Signature: A L1( r .—X/0U-71C%--- Mayor's Office, CityL of Nederland, Texas Date: \ 9I (Lt1 Bryan Farrar, Pilot Jefferson County Mosquito Control District BF/dw • 2 ORDINANCE NO. 2022-04 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 •,RE ` .AiL,MEETING THIS THE 14th DAY OF FEBRUARY,2022. ;. gji_f‘el42/42.4 ,, *:2) _ Don Albanese,Mayor : = City of Nederland,Texas • ' v Gay Fergusdh,City Clerk • APPROVED AS TO FORM AND LEGALITY: • Jess r ck,City Attorney 1 CITY �.:�F NE J ERLANi U I GE` ME e t¢ ENT FISCAL YEAR: 2021-2022 DATE: February 14,2022 DEPARTMENT: Fire(22) FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. - ACCOUNT TITLE BUDGET j (DECREASE) BUDGET 01-0000-4120 Industrial In-Lieu of Taxes 2,325,000 i 40,000 2,365,000 �01-2200-6720 1 Buildings, Fixtures and Grounds - ? 40,000 1 40,000 i ' k TOTAL 2,325,000 , 80,000 2,405,000. JU T1F C A TI ft 1 Funds are allocated to pay for the installation of new tile flooring at the Homer E. Nagel Public Safety Complex. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of