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October 10, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P_rrm_ October 10• 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'h 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 CARRIEC, HANC,GUN), A PERSON LICENSEC, UNC,ER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE CHANUGIJN LICENSING LAW3, MAY NOT ENTER THIS PROPERTY WITH A HANUGUN THAT IS CARRIED OPENLY_" 2. INVOCATION ANC, PLEDGE OF ALLEGIANCE The invocation and Pledge of Allegiance was 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 councilmen-viper 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 Mayor Pro Tern Root 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 - September 26, 2022 regular meeting and September 19, 2022 special meeting b. Consider action approving a request from the Nederland Rotary Club to utilize Ooornbos Park for their annual Hooked on Fishing, Not on Orugs (HOFNOO) event. c. Consider action approving a request from Nederland Little Dribblers to utilize the Nederland Recreation Center gymnasium for practices and the waiver of associated fees d. Consider action authorizing the closure of Boston Avenue between 15"' Street and 17i" Street and all intersections on Monday, October 31�t for the Nederland Chamber of Commerce's Trunk-R.-Treat event. 4_ REGULAR AGENC,A a. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier to accept a donation from the Nederland Heritage Festival Foundation for the Nederland Police, Fire, and Parks 8c Recreation [Departments. MOTION CARRIED_ Minutes Continued, October 10, 2022 Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. b. A motion was made by Councilmember Austin and seconded by Councilmember Guillot to reappoint Don Albanese, Bret Duplant, and Mitch Macon to the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. c. City of Nederland Non-Profit Partnership Grant Program: i. A motion was made by Councilmember Guillot and seconded by Councilmember Sonnier to approve an Agreement for Funding with the Spindletop Center MHMR. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. ii. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve an Agreement for Funding with the Southeast Texas Nonprofit Development Center. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier. NOES: None. d. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot to set a deadline of November 11th for applicants of the Nederland Non- Profit Partnership Grant Program to submit all outstanding revisions and documents for consideration of approval of funding. Failure to do so will result in applications being denied. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. NOES: None. e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Root to approve Ordinance No. 2022-26, denying Entergy Texas, Inc's Statement of Intent Application for Authority to Change Rates filed on July 1, 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 Tem Root to repay the over-collected sales tax to the Texas Comptroller of Public Accounts. 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 award a bid for the Hilldale/Hill Terrace and Nederland Avenue Drainage project funded through the Texas General Land Office to Environmental Allies, Inc. in the amount of $2,244,583.66 subject to final legal review and approval. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. h. A motion was made by Councilmember Sonnier and seconded by Councilmember Guillot to approve Ordinance No. 2022-27, de-annexing 0.1888 acres of land out Minutes Continued, October 10, 2022 of Block 18, Range G, Port Arthur Land Company Subdivision (a portion of Kirk Gillespie's property located at 1815 Peterson Road), subject to final legal review and approval. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:55 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072 - Deliberations about Real Property and Chapter 551.087, Deliberations Regarding Economic Development Negotiations. 6. RECONVENE The regular meeting was reconvened at 5:23 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: Robert Woods gave a brief construction update: • Hardy Avenue Asphalt project is completed but contractor is working on defective areas. • LNVA Canal Bridge project estimated for completion by mid-November. • Twin City Highway project having problems getting materials but estimated to be completed by end of October. -EDC fall concert series will continue on Thursday, October 13th -EDC Fall Market will be Saturday, October 15th -Meet the Candidates Forum will be Tuesday, October 11th -Chamber of Commerce Coffee will be Tuesday, October 11th 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 5:31 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot. Noes: None. lagtAC-z Don Albanese, Mayor City of Nederland, Texas Minutes Continued, October 10, 2022 ATTEST: Gay Fergu n, City Cler City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESET ABSENT Don Albanese Mayor Talmadge Austin Council Member-Ward I Sylvia Root Council Member-Ward II V Randy Sonnier Council Member-Ward III ✓ David Guillot Council Member-Ward IV V Chris Duque City Manager V Gay Ferguson City Clerk V Jesse Branick City Attorney V Cheryl Dowden Director of Finance Gary Porter Police Chief ✓ TerryMorton Fire Chief v Robert Woods Director of Public Works v George Wheeler BuildingOfficial V g A / V Molli Hall Librarian V Holly Guidry Human Resources Director Joni Underwood Executive Secretary i/ Angela Fanette Parks Director V on Alba ese, ayor i)eargusfcCirCity Clerk October 10, 2022 Date ORDINANCE NO.2022-26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS("CITY")DENYING ENTERGY TEXAS,INC.'S, STATEMENT OF INTENT AND APPLICATION FOR AUTHORITY TO CHANGE RATES FILED ON JULY 1,2022; 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 July 1, 2022, Entergy Texas, Inc. ("Entergy") filed its Statement of Intent and Application for Authority to Change Rates with the City of Nederland("City")to increase electric rates in the Entergy Service Area by approximately $131.4 million per year;and WHEREAS, Cities have exclusive original jurisdiction over the rates, operations, and services of an electric utility in areas in the municipality pursuant to Public Utility Regulatory Act§33.001(a);and WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory authority to make a reasonable determination of rate bases, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates;and WHEREAS,the City of Nederland suspended the effective date of Entergy's rates within its jurisdictional limits until at least November 3,2022,and hired the Lawton Law Firm,P.C.to review Entergy's rate change request and proposed tariffs;and WHEREAS, the expert utility rate consultants retained to review Entergy's rate increase on behalf of the City proposed adjustments to Entergy's request profit level, depreciation recoveries,and other cost of service items,and concluded that Entergy has not justified the need for a rate increase;and WHEREAS,Entergy has failed to justify increasing the rates previously determined to be reasonable and necessary by this City and other Texas regulatory authorities;and WHEREAS, the statutory deadline to act on Entergy's rate increase request is November 3,2022. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of Nederland hereby denies the rate increase and proposed tariff revisions requested in Entergy's Statement of Intent. Section 3. Entergy is hereby ordered to continue operating under its existing approved rates. Section 4. The meeting at which this 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. 1 PASSED AND APPROVED this 10TH day of OCTOBER,2022. ,_,:pew' v: _ f; - V`j o Mayor Don Albanese � L� r i Gay Ferguson, ity Clerk J s ran i ck- G f far (lel) 2 ORDINANCE NO. 2022-27 AN ORDINANCE DE-ANNEXING A TRACT COMPRISING 0.1888 ACRES OF LAND OUT OF BLOCK 18, RANGE "G" PORT ARTHUR LAND COMPANY SUBDIVISION; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Chapter 43, Subchapter G, of the Texas Local Government Code and Section 1.03 of the Home Rule Charter of the City of Nederland, Texas, an incorporated city, authorizes the de-annexation of territory and adjustment of the boundaries of the City, subject to the laws of this state. WHEREAS, the procedures prescribed by the Texas Local Government Code and the Home Rule Charter of the City of Nederland, Texas, and the laws of this state have been duly followed with respect to this de-annexation; and WHEREAS, the 0.1888 acres of land out of Block 18, Range "G" Port Arthur Land Company Subdivision was included in the annexation approved via Ordinance 302 that was adopted on August 23, 1977; and WHEREAS, the property owner of the 0.1888 acres of land out of Block 18, Range "G" Port Arthur Land Company Subdivision requested the City of Nederland de-annex this property; and WHEREAS, the City of Nederland agrees to de-annex 0.1888 acres of land out of Block 18, Range "G" Port Arthur Land Company Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of Nederland de-annexes and releases 0.1888 acres of land out of Block 18, Range "G" Port Arthur Land Company Subdivision as described in the attached "Exhibit A". Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 10TH day of OCTOBER, 2022. on Albanese,Mayor City of Nederland,Texas ":•",,2, $7kEitSted,-; . ••;;•q / rnor A a&L ay Fergus•n,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse rani ity Attorney City f derland,Texas