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August 8, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P_m_ August 8, 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. 12". Street, Nederland, Texas. See attached for quorum. The following statement was posted: PURSUANT TO SECTION 30_07, PENAL CODE CTRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED INANDGIJN), A PERSON LICENSED UNDER SUBCHAPTER CHAPTER GOVERNMENT CODE (HANDGIJN 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 Terri Root and seconded by Councilmember Sonnier to approve the Consent Agenda Items a-d as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier_ Noes: None. Abserat: Councilmember Guillot. a. Minutes - July 25, 2022 regular meeting b_ Consider action regarding a request from Adaptive Sports for Kids to utilize Doornbos Park for a fishing derby. c. Consider action regarding a request from Brian English to utilize the Nederland Recreation Center gymnasium for a basketball league and tournament. d_ Consider action authorizing the submittal of a grant application to the Wilton and Effie May Hebert Foundation. 4_ REGULAR AGENDA a. Chris Duque, City Manager, recognized students from CO Wilson Middle School who participated in the wreath laying ceremony at the Tomb of the Unknown Soldier_ Reece Phillips, Madison Vail, John Bieber, and Anthony Fanette made the trip to Washington DC and New York to learn about American history and participate in this event. Minutes Continued, August 8, 2022 b. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Austin 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, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. c. A motion was made by Councilmember Austin and seconded by Councilmember Sonnier to receive the Quarterly Investment Report from the Finance Department. MOTION CARRIED: Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Root to approve Resolution No. 2022-07, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the incentive offered to Juanita's County Kitchen. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. e. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to approve a work authorization with Schaumburg & Polk, Inc. for engineering services related to the 2022 - 2023 Concrete Pavement Rehabilitation project. MOTION CARRIED: Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. f. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Root to approve declaring surplus a shed from the Parks & Recreation Department. MOTION CARRIED: Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Root to approve Ordinance No. 2022-19, amending the fiscal year 2021 - 2022 budget. MOTION CARRIED: Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. h. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to award a bid to Progressive Commercial Aquatics in the amount of $237,078.00 for the Nederland Swimming Pool Deck Repairs project. MOTION CARRIED: Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. Minutes Continued, August 8, 2022 i. City of Nederland Non-Profit Grant Program: i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Root to approve an Agreement for Funding with the Economic Development Corporation. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. NOES: None. Absent: Councilmember Guillot. ii. A motion was made by Councilmember Sonnier and seconded by Councilmember Austin to approve an Agreement for Funding with the YMCA of Southeast Texas. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. NOES: None. Absent: Councilmember Guillot. j. Fiscal Year 2021 — 2022 Budget: i. Chris Duque, City Manager, stated the City Charter requires a preliminary budget be presented to the City Council. At the budget workshop held on July 11, 2022 the preliminary budget was presented and there have been no revisions since that workshop. A public hearing must be scheduled to solicit public input/comments regarding the budget. A copy of the budget is available in the City Clerk's Office and will be posted on the City's website. Mr. Duque recommended approval of Resolution No. 2022-08 setting public hearing dates of Monday, August 22nd and Monday, September 12th at 4:30 p.m. at the Nederland City Hall. The budget will be considered for approval at the September 19th City Council meeting. Budget Highlights include: General Fund • Current tax rate is $0.517206; staff anticipates recommending one penny above the no-new revenue tax rate. Preliminary taxable values increased from $1,394,973,541 to $1,523,682,130 (9.2667% increase) which will result in the tax rate declining. • The budget is balanced with revenues totaling $13,160,690 and expenditures totaling $13,160,690. • 3% COLA for all regular, full-time employees; continued implementation of adjustments to firefighter and police officer pay plans per their respective collective bargaining agreement and salary survey. Water & Sewer Fund • Balanced budget with revenue and expenditures equaling $5,749,907 which is an increase of 3.86% or $213,869 from last year's adopted budget. • Water base rate increase $0.50 ($10.50 to $11.00) and sewer base rate increase of $0.50 ($10.90 to $11.40). Staff is running numbers on the necessary per thousand gallons of water and per thousand gallons of sewer adjustments to ensure sufficient revenue is generated. • 3% COLA for all regular, full-time employees; and continued implementation of the 2021 salary survey. Solid Waste Fund • Balanced budget with revenue and expenditures equaling $1,765,060 which is an increase of 4.76% from last year's adopted budget Minutes Continued, August 8, 2022 • Solid Waste rate increase of approximately $1.00 per month is anticipated ($20.25 to $21.25) with staff finalizing this amount. • 3% COLA for all regular, full-time employees with continued implementation of the 2021 salary survey. Adjustment to solid waste driver pay from grade 106 to 107 and introduction of stipend for trash truck drivers. Equipment Replacement Funds • General Fund: 2 police detective units, truck for Streets, and new "jaws of life" for Fire Department. • Water & Sewer Fund: Belt clip and data collector for utility billing. • Solid Waste: Garbage Truck. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Austin to approve Resolution No. 2022-08, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2022 and ending September 30, 2023 and calling for Public Hearings to be held on August 22, 2022 at 4:30 p.m. at Nederland City Hall (207 N. 12th Street), for the purpose of discussing the proposed budget as per Article VI of the City Charter. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. NOES: None. Absent: Councilmember Guillot. ii. Chris Duque, City Manager, said the current tax rate of $0.517206 per $100 assessed taxable value which is the lowest municipal tax rate in Jefferson County. In 2019 the State Legislature approved Senate Bill 2 (SB2) which made significant changes to property taxes. Previously the City discussed adopting a tax rate between the effective tax rate (the benchmark tax rate needed to raise the same amount of maintenance and operations property taxes on existing property as the previous year after taking into account changes in appraised values) and the rollback tax rate (the tax rate necessary to raise precisely 8% more maintenance and operations tax revenue as the year before after taking into account appraisal fluctuations). Following SB2 the term effective tax rate changed to no-new-revenue tax rate and the rollback tax rate changed to voter-approval tax rate. The voter-approval tax rate is calculated utilizing 3.5% instead of 8%. The effective tax rate or no-new- revenue tax rate has been calculated as $0.471056 and the rollback tax rate or voter-approval tax rate has been calculated as $0.495105. On Wednesday, July 20th, Jefferson County Appraisal District (JCAD) submitted the assessed taxable value of $1,509,465,199 which is an increase of 8.21% or $114,491,658. Mr. Duque recommended the City Council reduce the tax rate to one cent greater than the no-new revenue tax rate of $0.481056 per $100 assessed valuation. Per state law, it is necessary for the City to hold a public hearing on the proposed tax rate. The proposed tax rate public hearings will be held on Monday, August 22nd and Monday, September 12th. The subsequent agenda items are included to satisfy legal requirements. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to approve the proposed tax rate for the fiscal year beginning October 1, 2022 and ending September 30, 2023. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Minutes Continued, August 8, 2022 NOES: None. Absent: Councilmember Guillot. iii. A motion was made by Councilmember Austin and seconded by Councilmember Sonnier to schedule tax rate adoption dates: • Monday, August 22nd and Monday, September 12th at 4:30 p.m. at the Nederland City Hall (regular meetings) - Public Hearings. • Monday, September 19th at 4:30 p.m. at the Nederland City Hall (special meeting) - Adopt Tax Rate. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. iv. A motion was made by Councilmember Austin and seconded by Councilmember Sonnier regarding the proposed tax rate and establishing the dates of Monday, August 22nd and Monday, September 12th at 4:30 p.m. at the Nederland City Hall for public hearings. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:08 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072 - Deliberation about Real Property. 6. RECONVENE The regular meeting was reconvened at 5:33 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action was necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • Chris congratulated the USA Baseball Team 12 and under for winning the Gold Medal in Taiwan. A student from Nederland participated on that team. • There will be a Town Hall meeting August 15th at 6:00 p.m. by Facebook Live or in person at Nederland City Hall. • TxDOT will begin paving on Twin City Highway. • Chris wished everyone a safe school year. 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Mayor Pro Tern Root to adjourn the meeting at 5:37 p.m. MOTION CARRIED. Minutes Continued, August 8, 2022 Ayes: Mayor Albanese, Councilmembers Austin, Root, and Sonnier. Noes: None. Absent: Councilmember Guillot. agic,_.44_,____- on Albanese, Mayor City of Nederland, Texas ATTEST: Pct . erguso ity C erk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT, Don Albanese Mayor v Talmadge Austin Council Member—Ward I Sylvia Root Council Member—Ward II V Randy Sonnier Council Member—Ward III �/ a David Guillot Council Member—Ward IV Chris Duque City Manager GayFergusonFer City Clerk Jesse Branick City Attorney V Cheryl Dowden Director of Finance Gary Porter Police Chief VV Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official ` / Molli Hall Librarian Holly Guidry Human Resources Director \ / Joni Underwood Executive Secretary `/ Angela Fanette Parks Director v 0, t/e.0,4.. ._ Don Albanese, Mayor pcua,i4opm,v,_ ay Fergu n, City Clerk August 8, 2022 Date Don Albanese,Mayor / Sylvia Root,Mayor Pro-Tern Talmadge Austin,Councilmember � y o Nederland ( j f Randy Sonnier,Councilmember V J David Guillot,Councilmember ) Christopher Duque,City Manager P.O.Box 967•Nederland,Texas 77627•(409)723-1503•FAX(409)723-1550 •gSRT.Al�`D.TEX�� Investment Report For the Quarter Ending June 30,2022 This report has been prepared in accordance with the Public Funds Investment Act(Section 2256.023,Government Code),which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland Chris P uque ityrager 611) ;O14.1144 Cheryl Do en,Director of Finance • 'Prop-waned for Prog ess„ City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30,2022 Investments at Beginning of Period (4-1-22) $ 49,792,613.30 Purchases 79,261.64 Maturities 1,100,000.00 Investments at End of Period(6-30-22) $ 48,771,874.94 1 Maturity Summary at June 30, 2022 •Less than 3 months •3 to 9 months 09 to 12 months oGreater than 12 months City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30,2022 Balance Balance 4/1/2022 Purchases Maturities 6/30/2022 General Fund $ 25,573,223.64 40,789.97 $ 400,000.00 $ 25,214,013.61 Capital Outlay Fund 2,450,928.96 3,928.32 2,454,857.28 Library Fund 40,138.16 69.90 40,208.06 Library Fund-Zaruk Memorial 10,548.84 11.34 10,560.18 Equipment Replacement Fund-General 670,272.82 1,074.25 671,347.07 Equipment Replacement Fund-W&S 270,104.12 432.92 270,537.04 Equipment Replacement Fund-SW 900,302.22 1,343.99 $ 200,000.00 701,646.21 Water&Sewer Fund 5,480,215.98 8,783.47 5,488,999.45 Solid Waste Fund 2,665,031.36 4,271.42 2,669,302.78 Street Improvement Fund 4,154,256.85 6,658.28 4,160,915.13 Police Narcotics Fund 85,791.29 137.52 85,928.81 2018 WW Project 2,494,240.07 3,750.39 500,000.00 1,997,990.46 2020 Water Tower Project 50,086.32 80.27 50,166.59 2021 Street&Drainage Bond Fund 3,801,122.43 6,092.29 3,807,214.72 SSES Project Fund 560,216.36 897.88 561,114.24 MCML Fund 400,133.02 641.26 400,774.28 Bond Redemption Fund 186,000.86 298.17 186,299.03 $ 49,792,613.30 $ 79,261.64 $ 1,100,000.00 $ 48,771,874.94 Street Improvement Fund Fund Allocation at June 30, 2022 8.53% 2020 Water Tower Project Equipment Replacement 0.10% Fund SW 2021 Street&Drainage 1.44% Bond Fund 7.81% Police Narcotics Fund Capital Outlay Fund 0.18% 5.03% 7 Equipment Replacement Fund-W&S 0.55% Equipment Replacement. ` Fund-General 01111. General Fund 4 1.38% _ 51.70% Solid Waste Fund '` 1.: 5.47% MCML Fund 0.82% �2018 WW Project Bond Redemption Fund 4.10% 0.38% Library Fund 0.08% Water&Sewer Fund 11.25% Library Fund-Zaruk Memorial 0.02% / Investment Report Schedule Investments for the Quarter ended June 30,2022 INVESTMENT POOL-TEXPOOL Average Days to Interest Interest Period Held Maturity Rate Market Principal Earned Book Value General Fund 04/01/22 06/30/22 1 0.6428% $ 25,173,223.64 40,789.97 $25,214,013.61 Capital Outlay Fund 04/01/22 06/30/22 1 0.6428% 2,450,928.96 3,928.32 $ 2,454,857.28 Water&Sewer 04/01/22 06/30/22 1 0.6428% 5,480,215.98 8,783.47 5,488,999.45 Bond Redemption Fund 04/01/22 06/30/22 1 0.6428% 186,000.86 298.17 186,299.03 Equipment Replacement Fund-General 04/01/22 06/30/22 1 0.6428% 670,272.82 1,074.25 671,347.07 Equipment Replacement Fund-W&S 04/01/22 06/30/22 1 0.6428% 270,104.12 432.92 270,537.04 Equipment Replacement Fund-SW 04/01/22 06/30/22 1 0.6428% 700,302.22 1,343.99 701,646.21 Library Special 04/01/22 06/30/22 1 0.6428% 40,138.16 69.90 40,208.06 Library Special-Zaruk Memorial 04/01/22 06/30/22 1 0.6428% 10,548.84 11.34 10,560.18 Solid Waste Fund 04/01/22 06/30/22 1 0.6428% 2,665,031.36 4,271.42 2,669,302.78 Street Improvement Fund 04/01/22 06/30/22 1 0.6428% 4,154,256.85 6,658.28 4,160,915.13 2018 WW Project 04/01/22 06/30/22 1 0.6428% 1,994,240.07 3,750.39 1,997,990.46 2020 Water Tower Project 04/01/22 06/30/22 1 0.6428% 50,086.32 80.27 50,166.59 2021 Street&Drainage Bond Fund 04/01/22 06/30/22 1 0.6428% 3,801,122.43 6,092.29 3,807,214.72 SSES Project Fund 04/01/22 06/30/22 1 0.6428% 560,216.36 897.88 561,114.24 Police Narcotic Fund 04/01/22 06/30/22 1 0.6428% 85,791.29 137.52 85,928.81 MCML Fund 04/01/22 06/30/22 1 0.6428% 400,133.02 641.26 400,774.28 Totals for TEXPOOL Investments $ 48,692,613.30 $ 79,261.64 $ 48,771,874.94 *Texpool is rated AAAm by Standard&Poor's,which is the highest rating a local government investment pool can achieve Investment Report Schedule June 30, 2022 Interest Earnings for Quarter Ended June 30, 2022 Bond Redemption Fund $ 298.17 Capital Outlay Fund 3,928.32 Equipment Replacement Fund-General 1,074.25 Equipment Replacement Fund-W & S 432.92 Equipment Replacement Fund-SW 1,343.99 General Fund 40,789.97 Library Special Fund 69.90 Library Special Fund-Zaruk Memorial 11.34 2017 Street Improvement Bond Fund 0.00 Police Narcotic Account 137.52 Solid Waste Fund 4,271.42 Street Improvement Fund 6,658.28 2018 WW Project 3,750.39 2020 Water Tower Project 80.27 2021 Street& Drainage Bond Fund 6,092.29 SSES Project Fund 897.88 MCML Fund 641.26 Water& Sewer Fund 8,783.47 $ 79,261.64 ORDINANCE NO. 2022-19 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 • FETING THIS THE 8TH DAY OF AUGUST,2022. "64 de4eau • on Albanese,Mayor OG•: ;Q City of Nederland,Texas • OF JE,•(`<"\,` ay FergCtitiffok.- City Clerk APPROVED AS TO FORM AND LEGALITY: Jess Brani ,C' Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2021-2022 DATE: August 8, 2022 DEPARTMENT: Various FUND: General (01) Parks Special Fund (25) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4120 Industrial in lieu of taxes 2,463,920 160,000 2,623,920 01-9000-6904 Transfer to Parks Special Fund 915,000 160,000 1,075,000 25-0000-4910 Transfer In 915,000 160,000 1,075,000 25-5103-6720 Buildings, Fixtures&Grounds 90,000 160,000 250,000 TOTAL 4,383,920 640,000 5,023,920 JUSTIFICATION It is necessary to fund the Nederland Swimming Pool Deck Repairs project. The allocation is not sufficient. The industrial in lieu of taxes allocation is increased by$160,000, which is then transferred out to the Park Special Fund. The Parks Special Fund is updated to reflect the greater allocation. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: CITY OF NEDERLAND RESOLUTION 2022-08 A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the fiscal year beginning October 1, 2022 and ending September 30, 2023; and WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed or amended form; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 4:30 p.m.,August 22,2022,to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the 8th day of August 2022. ,��ypFNEQ� : Don Albanese, Mayor G ,r, ' ; City of Nederland,Texas ;?may p��- ,.��o�,: Payer on, C yy le2ivo' City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse :ranic •ty Attorney City • Nede and,Texas .