March 28, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. March 28, 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 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 Root
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 - March 14, 2022 regular meeting
b. February 2022 Departmental Reports
c. Tax Assessor Collection Report - February 2022
4. REGULAR AGENDA
a. Chief Porter presented two Life Saving Commendations to Nederland Police Office
Jacob King. No action was necessary.
b. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Sonnier to declare surplus equipment and furniture from the Marion & Ed Hughes
Library and the Finance Department. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
Minutes Continued, March 28, 2022
c. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Root to set a Joint Public Hearing date of April 18th at 4:30 p.m. at Nederland City
Hall, regarding a Specific Use Permit request for amusement gaming machines at
1113 North Twin City Highway, described as TR 3-A Re-plat Lots 3 - 6, BIk 2 of
Carter Addition. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmember Austin, Neal, Sonnier, and Root.
Noes: None.
d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Austin to approve an Interlocal Agreement between the City of Nederland and
Jefferson County for road improvements. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
e. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Sonnier to approve a Resolution No. 2022-10, ratifying the action of the Nederland
Economic Development Corporation Board of Director in regard to the demolitions
of 1131 Atlanta Avenue, 1125 Atlanta Avenue, 1119 Atlanta Avenue, and 147 Twin
City Highway. 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. 2022-08, suspending the rates proposed by
Texas Gas Service Company's Gas Reliability Infrastructure Program filing made
with the City of Nederland on February 10, 2022. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
g. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember
Root to approve Ordinance No. 2022-09, amending the fiscal year 2021-2022
budget. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
h. Bids/Purchases:
i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Austin to approve a contract extension, through June 30, 2024, with CERES
Environmental Services, Inc. for debris removal and emergency response products,
equipment and services. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
ii. A motion was made by Councilmember Sonnier and seconded by
Councilmember Root to authorize the purchase via state-approved contract of a
2022 Ford Interceptor for the Nederland Police Department. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
iii. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Austin to award a bid for new flooring at the Marion & Ed Hughes Public Library to
Summer's Abbey Flooring Center in the amount of $71,000.00. MOTION
CARRIED.
Minutes Continued, March 28, 2022
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
iv. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Austin to award the Request for Proposals for the Operation and Maintenance of
the Nederland Swimming Pool to the YMCA. 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 a bid for the 2022 Flexible Pavement (hot mix
overlay) rehabilitation project to Texas Materials Group, Inc. dba Gulf Coast, a CRH
Co., in the amount of $1,704,166.50. 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:
• Hodgson Road Lift Station - Manufacture representatives will
be here at the end of this month to discuss pump issues.
• Wastewater Lift Station Generators Project - one generator has
been delivered and the other three are expected mid-April.
• 2021 Flexible Pavement Rehabilitation Project - Close out will
be on April 11th City Council agenda.
• 2022 Concrete Street Rehabilitation project - Contractor is
finishing up on 30th Street, and continuing work on Avenue H.
• Avenue N and 17th Street Project - Waiting for materials to be
delivered, estimated by end of May.
• NISD School Projects - Working with contractor and doing plan
review.
b. Recycling Event will be held April 1st from 9:00 a.m. to 1:00 p.m. at 515
Hardy.
c. Chris thanked everyone who worked at the Heritage Festival. It was a
success with most vendors reporting record sales.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Councilmember Neal to adjourn the meeting at 5:19 p.m. ' MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
Don Alb nese, Mayor
City of Nederland, Texas
Minutes Continued, March 28, 2022
ATTEST:
G y Ferguso City Cler
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor \e/
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 ue Manager "
Gay Ferguson City Clerk V _
Jesse Branick City Attorney V
V
Cheryl Dowden Director of Finance s /
Porter V Gary orte Police Chief V
Terry Morton Fire Chief
Robert Woods Director of Public Works V
George Wheeler Building Official V.
Molli Hall Librarian V
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary Y
Angela Fanette Parks Director V
p,,,,, alg„,
on Albanese, Mayor
ay Fergu n, City I
March 28, 2022
Date
��SO1t COG
ALLISON NATHAN GETZ 'il`1, ; - TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR r " * CHIEF DEPUTY�TEXA
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 $930,992.41, represents all taxes collected for CITY OF NEDERLAND
during the month of February 2022.
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
ORDINANCE NO. 2022-09
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 10, 2022; 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 10, 2022, Texas Gas Service
Company ("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 11, 2022, unless the City suspends the date
for a period of no longer than forty-five (45) days; and
WHEREAS, the City has exclusive original jurisdiction over the
rates, operation, 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 26, 2022 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 a future base rate case where all costs included in
Company'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 26, 2022.
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 26, 2022.
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 28TH day of MARCH, 2022.
v•( . • on Albanese,Mayor
�4' �% 'l = City of Nederland,Texas
JEFtq-4$'
PatraMqtA
Gay Fergusat,City Clerk
City of Nederland,
APPROVED AS TO FORM AND LEGALITY:
Jes a Bra is ;City Attorney
Ci ederland,Texas
ORDINANCE NO.2022-10
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 28th DAY OF MARCH,2022.
`\`auuunruq,��
wr cs-71 age-es.
tip'' Don Albanese,Mayor
U City of Nederland,Texas
O 4 i� O
F]
ay Ferguso ,City Clerk
APPROVED AS TO FORM AND LEGALITY:
Jesse Br. i ,City Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2021-2022
DATE: March 28, 2022
DEPARTMENT: Various
FUND: General (01), Equip Rep Gen (34),
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-5100-6115 Extra Help 125,000 (75,000) 50,000
01-5100-6393 Contractual Services 18,000 75,000 93,000
34-0000-4700 Miscellaneous Income - 30,125 30,125
34-0000-6742 Motor Vehicles 80,000 46,725 126,725
TOTAL 223,000 76,850 299,850
JUSTIFICATION
In the General Fund, funds are transferred from the Extra Help line-item (lifeguard salaries)to Contractual
Services to cover costs of the YMCA contract to operate pool.
In the Equipment Replacement Fund-General, Miscellaneous Revenue is allocated for the insurance
proceeds from the car accident, and the Motor Vehicles allocation is increased for purchase of additional
patrol unit for NPD.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted: