November 16, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. November 16, 2020
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.
This meeting was OPEN to in-person attendance by the public; however due to the
spacing restrictions in the City Council Chamber, all attendees WORE A MASK in
accordance with Governor Abbott's order. The City continued to provide citizens an
alternative method to attend and participate in City Council meetings. Members of the
public were able to participate remotely via Zoom Teleconferencing.
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 Gay Ferguson, City Clerk.
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 Neal and seconded by Councilmember Root to
approve the Consent Agenda Items a-d as presented. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
a. Minutes - October 26, 2020 regular meeting and October 12, 2020 special meeting
b. October 2020 Departmental Reports
c. Tax Assessor Collection Report - October 2020
d. Consider action declaring surplus computer equipment from the I.T. Department.
4. REGULAR AGENDA
a. A motion was made by Councilmember Root and seconded by Mayor Pro Tem
Hollier to approve a request from the Nederland Independent School District to
utilize the Nederland Recreation Center as a secondary evacuation location for
Hillcrest Elementary School. MOTION CARRIED.
Minutes Continued, November 16, 2020
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Hollier to approve Resolution No. 2020-22, ratifying the action of the Nederland
Economic Development Corporation Board of Directors related to the demolition of
the structure at 1132 Nederland Avenue. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve the 2021 Holiday Observances calendar. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Hollier to approve the Quarterly Investment Report from the Finance Department.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. Chris Duque, City Manager, said Kirk Leonard, 608 N. 23rd Street, provided
comments last City Council meeting regarding the City's water leak adjustment
policy. He detected a leak back in September and the issue was complicated by
tree roots growing around the water cutoff value. His water meter was relocated
and his water bill was adjusted using the leak adjustment prescribed by the water
rate ordinance. Mr. Duque adding the following language to the existing water
utility rate ordinance, as directed by City Council:
Section 20. Adjustments.
iv. In the event that water usage during the billing period exceeded 95,000
gallons and was the result of a tree root damaging the water meter or delaying
the repair as determined by City Council action, the cost of water shall be
adjusted by three-quarters (3/4) of the excess water usage based upon an
average of six monthly bills during the previous six-month period; however,
the adjusted bill shall not be less than $100. Such an adjustment, however,
shall only be made for those customers whose monthly bill averages less than
50,000 gallons based upon an average of the preceding 12 months. Any
adjustments to the cost of water shall only be made if the customer provides
verification that a leak existed and that repairs have been made.
A motion was made by Councilmember Neal and seconded by Councilmember
Austin to amend Ordinance No. 2020-21, utility rates and regulations. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
f. A motion was made by Councilmember Root and seconded by Councilmember
Austin to approve Ordinance No. 2020-27, amending the fiscal year 2020-2021
budget. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
Minutes Continued, November 16, 2020
g. A motion was made by Mayor Pro Tem Hollier and seconded by Councilmember
Root to authorize the solicitation of bids for the South 14th Street Sanitary Sewer
Rehabilitation project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
h. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Neal to approve Resolution No. 2020-23, ratifying a Declaration of Disaster of Local
State of Disaster in response to Hurricane Laura and consenting to continuation of
the disaster declaration for a period of more than seven days. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
i. A motion was made by Councilmember Root and seconded by Mayor Pro Tem
Hollier to approve Resolution No. 2020-24, ratifying a Declaration of Disaster of
Local State of Disaster in response to Hurricane Delta and consenting to
continuation of the disaster declaration for a period of more than seven days.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
j. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Austin to amend Ordinance No. 2019-36, amending Appendix A - Zoning of the
Code of Ordinances to extend the Food Truck Pilot Program that established
regulations that will allow food trucks to operate within the city limits of Nederland
in an orderly, safe, and healthful manner. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
k. A motion was made by Councilmember Root and seconded by Councilmember Neal
to approve Resolution No. 2020-25, declaring the donation of funds to the
Nederland Independent School District serves a public purpose in support of the
operations of NISD during a pandemic crisis. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
I. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Hollier to amend the Interlocal Agreements between the City of Nederland and the
Nederland Independent School District for CRF funds. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
m. Chris Duque, City Manager, said he intended to discuss the next phase to reopening
city buildings and facilities; however, due to the spike in number of positive COVID
cases he suggested leaving everything as is until next City Council meeting.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
Minutes Continued, November 16, 2020
• Debris operations have been completed and normal trash operations
resumed today. Mr. Duque thanked the contractor, city employees, city
council and the public for supporting the debris clearing operation.
• City Offices will be closed next Thursday and Friday in observance of
Thanksgiving.
• Next City Council meeting will be December 7th
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Neal to adjourn the meeting at 5:18 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
IIIII
t14.4
4.7\
� :O'l Don Albanese, Mayor
s.
City of Nederland, Texas
ATTEST:
J`,_ . . // , A
.y Fergu : , City Clerk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT\ ABSENT
Don Albanese Mayor V
u
Talmadge Austin Council Member-Ward I N./
Billy Neal Council Member-Ward II
Emmett Hollier Council Member-Ward III Vz
Sylvia Root Council Member-Ward IV V
Chris Duque CityManager V
q
Gay Ferguson City Clerk
V
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance Vz
Gary Porter Police Chief vr /
Terry Morton
Fire Chief V
Robert Woods
Director of Public Works
George Wheeler BuildingOfficial v
Victoria Klehn Librarian \/
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary V
Angela Fanette Parks Director
k D7i1 aeatft-r21 _____
Don Albanese, Mayor
I
1 1,4172/ -
Ea Y Fer -
9 u .n Cr'rC -rkU
November 16, 2020
Date
4'SON cG
ALLISON NATHAN GETZ w` : TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR {� 1� , ` * . CHIEF DEPUTY
TEXAS
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 $318,752.53, represents all taxes collected for CITY OF NEDERLAND
during the month of October 2020.
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
AMENDMENT TO ORDINANCE NO. 2020-21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS AMENDING
ORDINANCE NO. 2020-21, UTILITY RATES AND
REGULATIONS; ADJUSTING ADJUSTMENTS AND
REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH.
WHEREAS, on August 24, 2020, the Nederland City Council approved
Ordinance No. 2020-21 that established utility rates and regulations effective October
1, 2020.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND,TEXAS, THAT:
Section 1: The statements set out in the preamble to this Ordinance are true
and correct; and
Section 2: Ordinance No. 2020-21 is hereby revised with the following
revisions:
A. Section 20. Adjustments is amended with the renumbering of 4, 5, 6, and
7 to 5, 6, 7, and 8 and the addition of new #4 as follows:
SECTION 20.Adjustments.
4. In the event that water usage during the billing period exceeded 95,000 gallons and was the
result of a tree root damaging the water meter or delaying the repair as determined by City
Council action,the cost of water shall be adjusted by three-quarters(3/4)of the excess water
usage based upon an average of six monthly bills during the previous six-month period;
however, the adjusted bill shall not be less than $100. Such an adjustment, however, shall
only be made for those customers whose monthly bill averages less than 50,000 gallons
based upon an average of the preceding 12 months. Any adjustment to the cost of water shall
only be made if the customer provides verification that a leak existed and that repairs have
been made.
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 take effect and be in force from and after its
passage.
PASSED AND APPROVED THE 16TH day of NOVEMBER, 2020.
dF 1`EOF,Q ', APPROVED:
U )••• _
Gi .• Don Don Albanese,Mayor
-4<c`; City of Nederland,Texas
r„,
OF ]E ..;,.
ATTEST:
. , .. .�/ .L.//
Gay Fe uson,City'lerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
Jes - Br. i ,City Attorney
Ci y of ederland,Texas
ORDINANCE NO. 2020-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2020-
2021 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2020-22,which adopted
the Fiscal Year 2020-2021 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 2020-2021 City budget states "That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2021 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2020 and ending September 30,2021,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 2020-2021 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.
QF 'NE..
-'• ...1I TING THIS THE 16th DAY OF NOVEMBER,2020.
c'�:4 „iv.�„ P6,7i
..-•`g,.-30,•••(,.) Don Albanese,Mayor
°,,,� �F EEFF' City of Nederland,Texas
"ATT SiT.
lij i
1.. 1A 0i1 ..0if
ay Fergu 'n,City Clerk
APPROVED AS TO FORM AND LEGALITY:
1i
Jesse : , , ity Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2020-2021
DATE: November 16, 2020
DEPARTMENT: Various
FUND: Dispatch (70), Library Special (21),
Fire Special (24)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
70-0000-4700 Miscellaneous Revenue - 22,634 22,634
70-2100-6744 Miscellaneous Equipment - 22,634 22,634
21-5501-6393 Contractual Services 22,300 (6,990) 15,310
21-5501-6743 Furniture, Fixtures&Office Equipment - 6,990 6,990
24-2206-6265 Rescue Training 5,000 5,000 10,000
34-0000-6742 Motor Vehicles 458,000 43,008 501,008
TOTAL 485,300 93,276 578,576
JUSTIFICATION
In the Dispatch Fund, $22,634 is allocated to purchase equipment for Central Dispatch; the purchase cost shall
be reimbursed by the SETX Regional Planning Commission.
In the Library Special Fund, funds are transferred for a capital purchase.
In the Fire Special Fund, unspent funds from last FY are reallocated for this year(SCBA).
In the Equipment Replacement Fund, a carryover purchase is added to this year's budget.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
RESOLUTION NO. 2020-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS EXTENDING THE DISASTER
DECLARATION ISSUED BY MAYOR ALBANESE ON
AUGUST 24, 2020 IN RESPONSE TO HURRICANE
LAURA
WHEREAS,the City of Nederland,Texas has been impacted by Hurricane Laura;and
WHEREAS,on August 24, 2020, Don Albanese, Mayor of the City of Nederland,Texas issued a
Declaration of Disaster declaring a state of disaster for the City of Nederland;and
WHEREAS,the Nederland City Council via Resolutions No.2020-18 and No.2020-19 authorized
the extension of the Declaration of Disaster in accordance with Section 418.018 of the Texas
Government Code;and
WHEREAS,the conditions necessitating such disaster declaration continue to exist;and
WHEREAS, pursuant to Section 418.108(b), Texas Government Code, a local state of disaster
may not be continued for a period in excess of seven(7)days without the consent of the governmental
body of the political subdivision;and
WHEREAS,the continued effects of Hurricane Laura pose an imminent threat to public health
and safety and immediate action of the City Council is required.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,
THAT:
Section 1. The declaration of disaster, which was signed and executed by the Mayor on
August 24, 2020, shall be extended by the City Council of the City of Nederland
effective December 1, 2020 through December 31, 2020 in accordance with
Section 418.018 of the Texas Government Code.
Section 2. 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 3. This resolution shall become effective from and after its passage.
",,"N' '.,
o` F E�AND APPROVED by the Nederland City Council this the 16TH day of NOVEMBER,2020.
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A0/1_1(&eleWAS
oof OF ]EPIC, Don Albanese, Mayor
City of Nederland, Texas
ATTEST:
tdrA/
lay Fergus n, City Cler
APPROVED AS TO FORM AND LEGALITY:
Jes-- i , City Attorney
RESOLUTION NO. 2020-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS EXTENDING THE DISASTER
DECLARATION ISSUED BY MAYOR ALBANESE ON
OCTOBER 9, 2020 IN RESPONSE TO HURRICANE
DELTA
WHEREAS,the City of Nederland,Texas has been impacted by Hurricane Delta;and
WHEREAS,on October 9,2020, Don Albanese, Mayor of the City of Nederland,Texas issued a
Declaration of Disaster declaring a state of disaster for the City of Nederland;and
WHEREAS,the Nederland City Council via Resolutions No.2020-20 authorized the extension of
the Declaration of Disaster in accordance with Section 418.018 of the Texas Government Code;and
WHEREAS,the conditions necessitating such disaster declaration continue to exist;and
WHEREAS, pursuant to Section 418.108(b), Texas Government Code, a local state of disaster
may not be continued for a period in excess of seven(7)days without the consent of the governmental
body of the political subdivision;and
WHEREAS,the continued effects of Hurricane Laura pose an imminent threat to public health
and safety and immediate action of the City Council is required.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,
THAT:
Section 1. The declaration of disaster, which was signed and executed by the Mayor on
October 9, 2020, shall be extended by the City Council of the City of Nederland
effective November 17, 2020 through December 16, 2020 in accordance with
Section 418.018 of the Texas Government Code.
Section 2. 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 3. This resolution shall become effective from and after its passage.
"0�.�. ED AND APPROVED by the Nederland City Council this the 16TH day of NOVEMBER,2020.
F '
Peru
-,,-„- •.... ���, Don Albanese, Mayor
JEFF `, City of Nederland, Texas
ATTEST:
1,4 I..�, INA_141.4,.4.4
ay Fergu!on, City Cle
APPROVED AS TO FORM AND LEGALITY:
Jess- i , City Attorney
AMENDMENT TO ORDINANCE NO. 2019-36
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS AMENDING
ORDINANCE NO. 2019-36, THAT AMENDED APPEX
A OF THE CODE OF ORDINANCES PROVIDING THE
ZONING REGULATIONS OF A "FOOD TRUCK PILOT
PROGRAM; AND REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH.
WHEREAS, on December 16, 2019, the Nederland City Council approved
Ordinance No. 2019-36 that established a"Food Truck Pilot Program"for a period of
12 months.
WHEREAS, the "Food Truck Pilot Program" 12-month period has been
hampered by the COVID-19 pandemic and other disasters meriting a term extension.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS, THAT:
Section 1: The statements set out in the preamble to this Ordinance are true
and correct; and
Section 2: Ordinance No. 2019-36 is hereby revised with the following
revision:
A. Section 4 is amended to read as follows:
SECTION 4. The Ordinance shall be effective on January 1,2020. The Food Truck Pilot Program
term is 24 months(January 1,2020 until December 31,2021).
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 take effect and be in force from and after its
passage.
PASSED AND APPROVED THE 16TH day of NOVEMBER, 2020.
APPROVED:
, ED
_`�• �y -4..-o--,..,, 4. ..
`��• I'' '�'- Don Mayorp_/
‘110
=moo'• •,,44„/e/ �'Z� City of Nederland,Texas
1
i1a�..‘ ..01 /I 61 .
ay Fergus el,City Clerk 1
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
Jenick,City Attorney
ipC' • Nederland,Texas
1
RESOLUTION NO. 2020-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS DETERMINING THAT THE
DONATION OF FUNDS TO THE NEDERLAND
INDEPENDENT SCHOOL DISTRICT SERVES A
PUBLIC PURPOSE AND MAKING RELATED
FINDINGS
WHEREAS,the City finds that the expenditure of public funds in support of the operations
of the Nederland Independent School District (NISD) accomplishes a valid public purpose of
protecting the Nederland and Jefferson County economy and the economic welfare of the
residents of Nederland and of Jefferson County;and
WHEREAS, the City finds that the COVID-19 pandemic has created extraordinary
conditions necessitating NISD to develop telework and remote learning mechanisms in place for
NISD employees and students;and
WHEREAS, the donation of funds will be utilized to reimburse NISD for telework and
remote learning-related expenditures.
NOW,THERFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. 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.
PASSED AND APPROVED this the 16TH day of NOVEMBER,2020.
`\�uu uu ngtrrrr�
F NEDF'°
y
.��,; on Albanese,Mayor
ATTEST ""`
t) ,10Ei4 i4?�-
Gay Fergu'Son,City Cle
APPROVED AS TO FORM AND LEGALITY:
Jes-- Braniff,City Attorney
Ci y of N-•erland,Texas