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October 11, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p_m_ October 11, 2021 2.. 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 FiANDGl1N3, A PERSON LICENSED UNDER SUBCHAPTER 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 Cleric_ 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 Mayor Pro Terri Austin to approve the Consent Agenda Items a-c as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. a. Minutes - September 27, 2021 regular meeting b_ Consider action approving a request from the Nederland Rotary Club to utilize Doornbos Park for the annual Hooked on Fishing, Not on Drugs (HOFNOD) event. c_ Consider action amending the previously-approved closure of various streets for the Nederland Economic Development Corporation's Fall Concert Series on October 7�^, Y4t1-1, 21 si, and 28r^_ 4_ REGULAR AGENDA a. Chris Duque, City Manager, stated James Bailey, owner of 1la Sr" Street, was given 60 days, by City Council on September 27, 2021, to bring the exterior of the property into building compliance with the understanding the code enforcement violations would be resolved within 14 days. There has been progress toward the code enforcement issues, but it has not been completed. Mr. Bailey, asked for a week's extension to complete the cleanup on his property due to rain. Minutes Continued, October 11, 2021 Mayor Albanese said it was the Council's decision, but he would support giving Mr. Bailey until next City Council meeting to finish all the cleanup on his property. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Austin to give a 2-week extension to Mr. Bailey but after October 25, 2021 there would not be any additional time given. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. b. A motion was made by Councilmember Neal and seconded by Councilmember Sonnier to approve Resolution No. 2021-29, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to 1308 Boston Avenue. MOTION CARRIED. Ayes: Mayor Albanese, Councilmember Austin, Neal, Sonnier, and Root. Noes: None. c. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Sonnier to approve Resolution No. 2021-30, nominating Nicky Matt as a candidate for the Board of Directors of the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. d. Chris Duque, City Manager, reported the Nederland Independent School District (NISD) is constructing a new high school in the rear of the existing high school property as part of the 2019 bond projects. Currently, the utility system on the NISD property is not maintained by the City. It was discovered and brought to the City's attention, in August, the construction was proceeding with the assumption the City would maintain the new water system that has already been installed. There hasn't been any communication between the NISD and the City regarding changing the status quo on the utility system maintenance for this bond project before the installation of the water lines. Mr. Duque said if the City Council were inclined to work with the NISD on this issue there could be a compromise that the City would agree to maintain the system with the City's employees and equipment, but NISD would pay for any material necessary for the repairs. However, the City would need to inspect the photos, videos, and inspection reports from the project consultants to "after-the-fact" inspect the improvements that have already been made. The consensus of the City Council was to proceed with assisting the NISD with the water system maintenance compromise. e. A motion was made by Mayor Pro Tem Austin and seconded by Councilmember Neal to amend the City of Nederland Personnel Policy Manual for compensatory time and bereavement leave. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. f. Chris Duque, City Manager, said the City of Nederland was allocated $4,304,289.72 under the American Rescue Plan Act of 2021, the Coronavirus Local Fiscal Recovery Fund (CLFRF) which provides emergency funding to eligible local governments. Cities, villages, towns, and townships serving populations of less than 50,000 are Minutes Continued, October 11, 2021 classified as non-entitlement units of local government and receive funding distributed by the Texas Division of Emergency Management. The City has received the first half of these funds and will receive the second half next year. There is no local match for the funding but there are defined spending categories. Mr. Duque went through the list of eligible categories and recommended the City Council hold a public hearing on October 25th to provide the public an opportunity to discuss this funding. Following this public hearing, Mr. Duque said staff would begin to finalize a formal plan to move forward. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • The EDC's second concert will be held this Thursday. • EDC Fall Market Days will be held this Saturday on Boston Avenue from 13th Street to Twin City Highway. • ASK will host Cast for Kids at Doornbos Park on Saturday. • The Chamber of Commerce will host Trunk or Treat on October 31st. • There will be a Veterans Day Program this year on Veterans Day. • The Chamber of Commerce will host the Christmas Parade in December. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Neal to adjourn the meeting at 5:15 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. ,N E. „p 4, aig6L". • •▪ 0G ��:;�� ;�O\ Don A banese, Mayor City of Nederland, Texas MAW . 1 ay Fergu ' , City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE MayorPRESENT ABSENT Don Albanese Talmadge Austin Council Member-Ward I ,v/ Billy Neal Council Member-Ward II V Randy Sonnier Council Member-Ward III V Sylvia Root Council Member-Ward IV V Chris Duque City Manager V Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Gary Porter Police Chief V Terry Morton Fire Chief V Robert Woods Director of Public Works V George Wheeler Building Official Victvria KIDl.n M�,e�(� Librarian 1 Holly Guidry Human Resources Director V Joni Underwood Executive Secretary Angela Fanette Parks Director V 40,(y Do ' •anese, yor !� a24qL//)1fYL ay Ferguson, City ler December 11, 2021 Date RESOLUTION NO. 2021-29 A RESOLUTION OF THE NEDERLAND CITY COUNCIL RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION WHEREAS,the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises;and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments,welfare, and prosperity of its citizens;and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment,economic activity,and stability;and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described;and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law,its charter, bylaws and by board approval,to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to the acquisition of 1308 Boston Avenue in an aggregate maximum amount of not more than Five Hundred Twenty Thousand dollars ($520,000.00), in accordance with the terms and conditions as prescribed by the Board,is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NED ithAND,,,TEXAS this the 27th day of SEPTEMBER, 2021 at which meeting a quorum was Ifid) Apu7 IV:0 O �F.�,�S• Don Albanese,Mayor F City of Nederland,Texas riuuu,n""‘\ Gay Fergu f.n,CityCerk/ City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: /_ Jes. :n' ,City Attorney City of Nederland,Texas PASSED AND APPROVED prl THE SECON9 READING BY THE CITY COUNCIL OF THE CITY I OF NEDERLAND,TEXAS this the day of a Y ,2021 at which meeting a quorum was present and voting. \„,„,,IIII I Ill,/„„,, 0 al'il --ils,-- .! Don Albanese,Mayor o• " I' Q= City of Nederland,Texas . JEFE � ,, ,,°: Gay Fer son,City CI rk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse(4k, Attoney City c` erland,Texas CITY OF NEDERLAND RESOLUTION NO. 2021-30 STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City Council of the City of Nederland, Texas at its regularly scheduled meeting of October 11, 2021, in accordance with the Property Tax Code of the State of Texas, hereby nominates Nicky Matt as a candidate for the Board of Directors of the Appraisal District established for Jefferson County for a two-year period term to expire December 31, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15, 2021, in accordance with said Statute. PASSED AND APPROVED AND ADOPTED this 11th day of October , 2021. on Albanese, Mayor City of Nederland, Texas Billy N I, M yerPra— Talmadge Aus Macy t111G1 I IT►-eln/bet toad 4 r! •mar er-Ward-1 C7' ,,A Andy Sonnier, Council Member Ward III Sylvia ot, Council M ber and IV OF Mee/P, . _ ar„. •%,, OF y F uson, City lerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: .or ltGs 4�/f� Jess: :ra is , City Attorney City of N7•erland, Texas