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May 23, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. May 23, 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 Councilmember Sonnier and seconded by Councilmember Austin to approve the Consent Agenda Items a-d as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. a. Minutes - May 9, 2022 regular meeting and May 16, 2022 special meeting b. April 2022 Departmental Reports c. Tax Assessor Collection Report - April 2022 d. Consider action regarding a request from Fellowship Baptist Church to utilize Doornbos Park for movie night open to the public. 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tem Root and seconded by Councilmember Guillot to approve a proclamation recognizing the Nederland High School Band. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. Minutes Continued, May 23, 2022 b. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to postpone receiving comments from Robert Parent regarding Ordinance No. 2022-07,Tree Clearance, due to Mr. Parent not being in attendance at the meeting. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. c. On February 14, 2022, City Council provided the owner of 215 23rd Street (Tommy Page), 45 days to demolish the garage structure or within the same 45 days, the property owner or any lien or mortgage holder, to submit a written appeal to the appropriate Court of Record. Mr. Page acknowledged he would follow City Council's decision regarding the garage structure. On April 11, 2022 the City Council provided the property owner an additional 28 days to meet the February 14th order. Prior to the May 9, 2022 City Council meeting, Mr. Wheeler determined the garage structure was removed and no longer posed a danger to the adjacent neighbors. However, the residential structure remains a nuisance and does not comply with the minimum housing standards. There was no action taken due to Mr. Page being ill and couldn't attend the meeting. d. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to appoint Emmett Hollier to the Zoning Board of Appeals to fill a vacancy for a term ending June 30, 2023. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. e. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Austin to extend the deadline for submitting applications for the City of Nederland Non-Profit Partnership Grant Program until July 8, 2022. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to approve Resolution No. 2022-06, permitting the consideration of banks outside the city limits of Nederland for bank depository services. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. g. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root to approve Ordinance No. 2022-14, amending the fiscal year 2021-2022 budget. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. h. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root to engage PGAL for the assessment of 1308 Boston Avenue (Bank of America building) for possible emergency management use. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. Minutes Continued, May 23, 2022 5. COMMUNICATION City Manager's Report: a. Miscellaneous: Robert Woods gave a brief construction project update: • 2021-2022 Flexible Pavement Rehabilitation project is underway. • Contractor for the 2022 Concrete Street Improvement project is finishing up on west bound lanes of Avenue H and will begin east bound lanes early next week. • Hodgson Road Lift Station had a new pump installed to check the operation levels to see if it will perform within the appropriate range. • Wastewater Treatment Plant Project is anticipated to be complete by the end of the month. b. City Offices will be closed Monday in observance of Memorial Day. Garbage service will run one day behind schedule. c. Library will close Friday at 6:00 p.m. and remain closed for 3 weeks for the carpet installation. d. Veteran banners will begin going up tomorrow. e. June 1st the swimming pool will open to open swim. f. Chris congratulated the 2022 seniors and wish them a safe and happy graduation and summer. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Mayor Pro Tem Root to adjourn the meeting at 5:12 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. O� kEDe4)//o, �: 1 l` s = 41114, o t = • Din Albanese, ayor Oz, •. d.�� City of Nederland, Texas C 7 l y Fergus , City Cl Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor 1 Talmadge Austin Council Member—Ward I V Sylvia Root Council Member—Ward II V Randy Sonnier Council Member—Ward III V David Guillot Council Member—Ward IV Chris Duque CityManager V q 9 V GaY 9uson Fer CityClerk Jesse Branick City Attorney Cheryl Dowden Director of Finance V Gary Porter Police Chief V Terry Morton Fire Chief V Robert Woods Director of Public Works V George Wheeler BuildingOfficial V 9 V Molli Hall Librarian Holly Guidry Human Resources Director V Joni Underwood Executive Secretary Angela Fanette Parks Director D n Alba�e, Mayor MIX- G er usor�Ci Clerk 9 tY °fL May 23, 2022 Date $SON CMG ALLISON NATHAN GETZ i1'`1,`s', 'ac TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR �i /\ '` CHIEF DEPUTY 4. TEX A$/ 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 $79,236.73, represents all taxes collected for CITY OF NEDERLAND during the month of April 2022. Allison Nathan Getz,P.C.C. L JEFFERSON COUNTY COURTHOUSE •P.O. BOX 2112 • BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516• FAX: (409)835-8589 ORDINANCE NO.2022-14 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 %odiEGYLAIkMEETING THIS THE 23rd DAY OF MAY,2022. 16vi,a0,- -,\ %._,-_ po7, 0440-tut- • �I: � p= Albanese,Mayor =0 ,• r14 = City of Nederland,Texas ' '",,g, JE. :<-,‘„," viyd-y , ay Fergu�bn,City Clerk APPROVED AS TO FORM AND LEGALITY: Jesse s , , ' y Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2021-2022 DATE: May 23,2022 DEPARTMENT: Various FUND: General(01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4120 Industrial in lieu of Tax Payments 2,395,320 30,000 2,425,320 01-2102-6393 Contractual Services 65,000 30,000 95,000 TOTAL 2,460,320 60,000 2,520,320 JUSTIFICATION In the General Fund, additional funds are allocated in the Emergency Management Contractual Services line-item to cover the costs of an assessment of 1308,Boston Ave for potential emergency operations use. This is offset by increasing the industrial in-lieu-of tax payments line-item. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: CITY OF NEDERLAND,TEXAS RESOLUTION 2022-06 A RESOLUTION BY THE CITY COUNCIL OF flll CITY OF NEDERLAND,TEXAS,PROVIDING FOR ADOPTION OF A WRITTEN POLICY PERMITTING THE CONSIDERATION OF APPLICATIONS FOR PRIMARY. DEPOSITORY SERVICES RECEIVED FROM FINANCIAL INSTITUTIONS THAT ARE NOT DOING BUSINESS WITHIN 1111:.,MUNICIPAL BOUNDARIES OF THE CITY. WHEREAS, Chapter 105 of the Texas Local Government Code requires the City to competitively solicit fmancial institutions located within the City's municipal boundaries to provide primary depository services;and WHEREAS, Chapter 105 of the Texas Local Government Code further allows the City Council to adopt a written policy permitting the consideration of applications received from financial institutions that are not doing business within the City's municipal boundaries when it is deemed to be in the best interest of the City;and WHEREAS,the number of financial institutions located within the municipal boundaries of the City that can provide primary depository services is limited;and WHEREAS,it is in the best interest of the City to include financial institutions from outside the City's municipal boundaries to ensure a competitive application solicitation process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. That the findings and premises contained in the above are deemed to be true and correct. Section 2. That the attached written policy of the City of Nederland, Texas shall be approved. ` \�y�""""""",,,Section 3. This Resolution shall become effective upon the date of passage. ,..A. 4;4 ( 'r*1re }VD APPROVED this the 23`d day of May 2022. Z. A aU1 O•. ;'p Don Albanese,Mayor #)7..O� , `;' City of Nederland,Texas ''''"'oint lnn i t fin" ay Ferguso ,City Clerk City of Nederland,Texas S. APP S FORM AND LEGALITY: .... c Jes Bra .i ,City Attorney Ci o ederland,Texas CITY OF NEDERLAND, TEXAS PRIMARY DEPOSITORY SERVICES SOLICITATION BOUNDARIES POLICY MAY 2022 In accordance with Chapter 105 of the State of Texas Local Government Code, it is the Policy of the City of Nederland,Texas to accept applications to serve as the City's Primary Depository from financial institutions("banks, credit unions,savings associations")doing business from outside of the City's municipal boundaries. The bank, credit union, or savings association must maintain a place of business within the state and offer the services required by the depository services contract. The City staff will limit the selection of those financial institutions to specified locations outside of the City's municipal boundaries, determined by the consideration of operational convenience and increased competitiveness. The specified locations will be determined by City staff and disclosed in the Notice, advertisements (local and general circulation), and the Request for Applications.