Loading...
January 8, 2024 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. January 8, 2024 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 was led by Mayor Pro Tern Sonnier. 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 Mayor Pro Tem Sonnier to approve the Consent Agenda Item "a" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Bret Duplant a. Minutes—December 18,2023 regular meeting 4. REGULAR AGENDA a. Mayor Albanese presented a proclamation recognizing Elijah Champion for his act of kindness in November 2023. b. A Motion was made by Councilmember Root and seconded by Councilmember Guillot to reschedule the Joint Public Hearing for the purpose of receiving comments regarding the Food Truck regulations revisions proposed by the Food Truck Committee on Monday, February 12th at 4:30PM at Nederland City Hall. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Bret Duplant c. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tem Sonnier to authorize the purchase of a truck for the wastewater division of the Public Works Department. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Bret Duplant Minutes continued, January 8, 2024 d. A motion was made by Councilmember Root and seconded by Councilmember Guillot to award bid to Core & Main for the Water Inventory Items in the amount of $56,916.82. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Bret Duplant e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to approve Resolution No. 2024-01, authorizing account signatories for the City's TexPool Investment Account. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Bret Duplant f. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Ordinance No. 2024-01, authorizing participation with other Entergy service area cities in matters concerning Entergy Texas, Inc. at the Public Utility Commission of Texas in 2024. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Bret Duplant 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • The City will be closed for Martin Luther King, Jr. Day on January 15th. Garbage pickup will be delayed one day that week. • The Chamber Coffee is tomorrow morning at The Golden Cup. • Next Tuesday, Jan. 16th, is the Chamber's Installation Banquet. • The Parks Department will be adding indoor pickleball and an open walking program to their scheduled activities. • The Library has started promoting overall City activities on a new City calendar. b. Water Leaks update: • Rob Woods, Director of Public Works, stated that the City has been having 1-2 small leaks a day. The contractors have helped the City get caught up on leak repairs and the additional rain has helped with ground settling. 6. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 4:47 p.m. irk n Albanese, Mayor City of Nederland, Texas ATTEST: `````���yn�n n r rrurrr/i/���i Joni U •erwood, City Clerk avoleAtoryi =C TP, ) ;® City of ederland, Texas kap} �� 4 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor / Bret Duplant Council Member—Ward I °✓ Sylvia Root Council Member—Ward II ✓ Randy Sonnier Council Member—Ward III David Guillot Council Member—Ward IV t/ Chris Duque City Manager ✓ Joni Underwood City Clerk Chris Leavins City Attorney -ea- r S-jvc4e( / — _--� -Cheryl Dowden Director of Finance — / Gary Porter Police Chief ✓ / via Terry Morton Fire Chief V 7001 Robert Woods Director of Public Works George Wheeler Building Official ' / Molli Hall Librarian 1/ _Holly Guidry Human Resources Director Toby Latiolais Parks Director p,,,,, ,g„._ Don Albanese, ayor lq Joni Unde rod, City Clerk 01-08-24 Date RESOLUTION NO. 2024-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING ACCOUNT SIGNERS FOR THE CITY OF NEDERLAND'S TEXPOOL INVESTMENT ACCOUNT WHEREAS,the City of Nederland is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds;and WHEREAS,it is in the best interest of the City of Nederland to invest local funds in investments that provide for the preservation and safety of principal,liquidity,and yield consistent with the Public Funds Investment Act;and WHEREAS, the Texas Local Government Investment Pool ("Texpool/Texpool Prime"), a public funds investment pool,were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal,liquidity,and yield consistent with the Public Funds Investment Act. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: Section 1. The City's investment officers (city manager and finance director) are authorized representatives of the participant and are each hereby authorized to transmit funds for investment in Texpool/Texpool Prime and are each further authorized to withdraw funds from time to time,to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. Section 2.An authorized representative of the City may be deleted by a written instrument signed by two remaining authorized representatives provided that the deleted authorized representative (1)is assigned job duties that no longer require access to the participant's Texpool/Texpool Prime account or(2)is no longer employed by the City. Section 3. The City may by amending the resolution add an authorized representative provided the additional authorized representative is an officer,employee,or agent of the City. Section 4. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Open Meetings Act,Texas Government Code,Chapter 551. Section 5. This resolution shall become effective from and after its passage. PASSED AND APPROVED by the Nederland City Council this the 8TH day of January 2024. P°7( afieS'ea-a--t' Don Albanese, Mayor City of Nederland,Texas ATTEST: Joni nderwood, City Clerk \�,o��""""inu,„,,, °y�F•NEDF APPROVED A TO FORM AND LEGALITY: ?�:( �9•��l''; G2 •O' • Ch '- eavins, City Attorney �%, Op• •JEF�� `, ow,uI 11111%0' ORDINANCE NO. 2024-01 AN ORDINANCE OF THE CITY COUNCIL OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2024; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; and WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code § 33.025; and WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to litigate rate change requests in various proceedings before the Public Utility Commission of Texas ("Commission") or before municipalities in 2024, which may include (1) a base rate case, (2) rate proceedings or cost adjustments such as a transmission cost recovery rider, a distribution cost recovery rider, generation cost recovery rider,energy efficiency cost recovery factor, or storm restoration cost or offset true-ups, and (3) various fuel cost refunds or surcharges and reconciliations; and WHEREAS, ETI is scheduled to file fuel factor proceedings at the Commission in February and August 2024, and may file other fuel proceedings to reconcile, refund or surcharge fuel charges; and WHEREAS, ETI is expected to file its annual proceeding with the Commission to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; and WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: SECTION 1. The City of Nederland shall participate with other Cities to intervene in ETI's various rate filings related to the various fuel cost surcharges and reconciliations, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Commission or with municipalities in 2024. 1 SECTION 2. The City of Nederland employs the Lawton Law Firm P.C. to represent the City regarding the ETI rate matters before local regulatory authorities and the Commission and authorizes counsel to employ rate experts as are recommended by the Cities' Steering Committee to intervene in fuel or rate related proceedings at the Commission concerning ETI's rates charged to Texas customers. SECTION 3. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the action of Cities'representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. 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 be effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,Texas, this 8TH day of JANUARY, 2024. Don Albanese, Mayor City of Nederland, Texas ATTEST: 'I/ r Joni 1 nderwood, City Clerks �tttED�n'''' City of Nederland, Texas :�°0.. •••- . APPROVE' AS TO FORM AND LEGALITY: s V f • o OG7'N UP 24,, 1 ;�0� JEF � � x'//111111 OFtt1ttttt````` Chris Leav'•-, City Attorney City of Nederland,Texas 2 THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd.,Suite R-275•Austin,Texas 78738•512/322-0019 December 14,2023 Via e-mail Mr.Richard G.Baker Ms.Sharae Reed City Attorney—City of Anahuac City Attorney—City of Beaumont P.O.Box 10066 P.O.Box 3827 Liberty,Texas 77575 Beaumont,Texas 77704 Mr.Kenneth R.Williams Mr.Paul Fukuda City Manager—City of Beaumont City Attorney—City of Bridge City P.O.Box 3827 City Attorney—City of Pine Forest Beaumont,Texas 77704 260 Rachal Post Office Box 846 Bridge City,Texas 77611 Mr.Scott Swigert Ms.Mary Ann Powell City Manager—City of Cleveland City Attorney—City of Cleveland 907 E.Houston Wortham Tower,Suite 600 Cleveland,Texas 77327 2727 Allen Parkway Houston,Texas 77019 Ms.Alice Rios Mr.Gary Scott City Secretary—City of Cleveland City Attorney—City of Conroe 907 E.Houston P.O.Box 3066 Cleveland,Texas 77327 Conroe,Texas 77305 Mayor Nyla Akin Dalhaus Amy L.Wade City of Cut and Shoot City Secretary—City of Cut and Shoot P.O.Box 7364 P.O.Box 7364 Cut and Shoot,Texas 77306 Cut and Shoot,Texas 77306 Mayor Caroline Wadzeck Ms.Kimberly Judge City of Dayton City Manager—City of Dayton 117 Cook Street 117 Cook Street Dayton,Texas 77535 Dayton,Texas 77535 Attorney-Client Privileged Communication 1 Mr.Brandon Monk Mr.D.E.Sosa City Attorney—City of Groves City Manager—City of Groves 4875 Parker Drive P.O.Box 3286 Beaumont,TX 77705 Port Arthur,Texas 77643 Ms.Tina Paez Ms.Yushan Chang City of Houston Administration&Regulatory City of Houston Legal Department Affairs Department(ARA) P.O.Box 368,Houston,Texas 77001-0368 611 Walker, 13 th Floor City Hall Annex,4th Floor Houston,Texas 77002 900 Bagby Houston,Texas 77002 Mr.Leonard Schneider Mr.Aron Kulhavy City Attorney—City of Huntsville City Manager—City of Huntsville City Attorney—City of Riverside 1212 Ave.M City Attorney—City of Splendora Huntsville,Texas 77340 Liles Parker PLLC 2261 Northpark Dr.,Suite 445 Kingwood,TX 77339 Mr.Brandon Davis Mr.Tom Warner City Attorney—City of Liberty City Manager—City of Liberty City Attorney—City of Dayton 1829 Sam Houston 1517 Trinity Liberty,Texas 77575 Liberty,Texas 77575 Mr.Alan P.Petrov Mr.Richard Tramm City Attorney—City of Montgomery City Administrator—City of Montgomery Johnson Petrov LLP 101 Old Plantersville Road 2929 Allen Parkway,Suite 3150 Montgomery,.TX 77316 Houston,Texas 77019 Mr.Cary Bovey Mr.Jason Weeks City Attorney—City of Navasota City Manager—City of Navasota Bovey&Cochran,PLLC 200 E.McAlpine Street 2251 Double Creek Dr.,Suite 204 Navasota,Texas 77868 Round Rock,Texas 78664 Mr.Christopher Duque Mr.Chris Leavins City Manager—City of Nederland City Attorney—City of Nederland P.O.Box 967 City Attorney—City of Vidor Nederland,Texas 77627 City Attorney—City of West Orange P.O.Box 4915 Beaumont,Texas 77704-4915 Attorney-Client Privileged Communication 2 Ms.Elizabeth Harrell Ms.Heather Neeley City Secretary—City of Oak Ridge North City Manager—City of Oak Ridge North 27424 Robinson Road 27424 Robinson Road Oak Ridge North,Texas 77385 Oak Ridge North,Texas 77385 Mr.Guy Goodson Mr.Mike Kunst City Attorney—City of Orange City Manager—City of Orange GERMER PLLC 812 North 16th Street 550 Fannin,Suite 400 P.O.Box 520 Beaumont,Texas 77701 Orange,Texas 77630 Mr.Rodney Price Mr.Jerry Hood City Attorney—City of Rose City City Administrator—City of Pinehurst P.O.Box 310 2497 Martin Luther King Jr.Drive Vidor,Texas 77670 Orange,Texas 77630 Mr.Tommy Gunn Ms.Val Tizeno City Attorney—City of Pinehurst City Attorney—City of Port Arthur 202 S.Border P.O.Box 1089 Orange,Texas 77630 Port Arthur,Texas 77641 Mr.Ronald Burton Mr.Lance Bradley City Manager—City of Port Arthur City Attorney—City of Port Neches P.O.Box 1089 P.O.Box 1148 Port Arthur,Texas 77641 Port Neches,Texas 77651 Mr.Andre'Wimer Mr.Larry L.Foerster City Manager—City of Port Neches City Attorney—City of Roman Forest P.O.Box 758 City Attorney—City of Panorama Village Port Neches,Texas 77651 Darden,Fowler and Creighton,LLP 414 West Phillips,Suite 100 Conroe,Texas 77301 Ms.Kathie Reyer Mr.Solomon Freimuth City Administrator—City of Shenandoah City Attorney—City of Silsbee 29955 IH-45 N. P.O.Box 186 Shenandoah,Texas 77381 Port Neches,Texas 77651 Ms.DeeAnn Zimmerman Mr.Alex Stelly City Manager—City of Silsbee City Attorney—City of Sour Lake 105 South 3`I Street 2615 Calder Ave.,Ste. 1070 Silsbee,Texas 77656 Beaumont,Texas 77702 Attorney-Client Privileged Communication 3 I Mr.Jack Provost Mayor Dorothy Welch City Manager—City of Sour Lake City Attorney Leonard Schneider 625 Hwy 105 W City of Splendora Sour Lake,Texas 77959 P.O.Box 1087 Splendora,Texas 77372 Mr.Robbie Hood Mayor Randy Branch City Manager-City of Vidor Mayor—City of West Orange 1395 N.Main St. 2700 Western Avenue Vidor,Texas 77662-3726 West Orange,TX 77630 Mr.Michael S.Stelly Ms.Marissa Quintanilla City of West Orange,Texas City Secretary—City of Willis 2700 Austin Avenue 200 N.Bell West Orange,TX 77630 Willis,Texas 77378 Re: Annual Ordinance Authorizing Municipal Participation in Regulatory Proceedings of Entergv Texas,Inc.in 2024 Dear Steering Committee of Cities located in Entergy Texas,Inc.'s Service Territory: It is once again time to authorize municipal participation in regulatory rate proceedings involving Entergy Texas, Inc. ("ETI" or"Company") before the Public Utility Commission of Texas("PUCT"or"Commission").Attached is a proposed Ordinance for your consideration to authorize participation in rate proceedings in 2024. Please forward the completed Ordinance to us by email at danlawtonlawfirm(@,gmail.com and molly(a,mayhallvandervoort.com. The Steering Committee of Cities ("Cities") continues to play a crucial role in limiting ETI's various requested rate increases to reasonable revenue levels.ETI filed a base rate case in 2022 which was resolved by settlement in April 2023.ETI originally requested a$131.4 million or 11.20%base rate increase.The parties' agreement authorized a$54 million or 4.6%increase over current base rates,excluding fuel costs.Cities' efforts contributed significantly to reducing the Company's initial proposed increase by 58.90%.Many of our consultants'recommendations were reflected in the settlement terms,including a decrease to ETI's return on equity,adjustments to the Company's depreciation rates, and longer amortization periods for recovery of certain expenses. Cities also supported a reasonable allocation of the revenue requirement between the various customer classes and a lower monthly fixed customer charge for residential customers. The Company also initiated proceedings in late-2022 to reconcile fuel and purchased power expenses incurred between April 1,2019 and March 31,2022.In these proceedings,ETI requested that the Commission approve an under-recovery balance of$103.1 million. After Cities raised issues related to the Company's proposal,the case settled with the Company agreeing to reduce its under-recovery balance to$99.6 million.No other party raised any issues with the Company's application. Attorney-Client Privileged Communication 4 Looking forward to 2024, we anticipate that the Company may file Transmission Cost Recovery Factor and Distribution Cost Recovery Factor applications for interim cost recovery of investments made to its transmission and distribution systems.The Company is also expected to file its annual application to amend its Energy Efficiency Cost Recovery Factor and its semi-annual Fuel Factor rate adjustments in February and August 2024. The continued support of each of the Cities in the Steering Committee has been instrumental in the successful regulation of ETI and in maintaining reasonable rates for customers within the Cities. We look forward to each City's continued participation with the Steering Committee in the regulatory process.Please forward completed Ordinances to us by email at danlawtonlawfirmAgmail.com and mollyna mayhallvandervoort.com. If you have any questions or concerns,please call. Sincerely, 104 VIAPIlifet For Daniel J.Lawton • Attorney-Client Privileged Communication 5