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December 6, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p_m_ December 6, 2021 1_ MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City Office Building, 207 N. 12t^ 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 FiANDGUN), A PERSON LICENSED UNDER SUBCHAPTER CHAPTER GOVERNMENT CODE (HANDGUN LICENSING LAW3, 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 Austin and seconded by Councilmember Root to approve the Consent Agenda Item "a" as presented. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. a. Minutes - November 22, 2021 regular meeting 4. REGULAR AGENDA a. Chris Duque, City Manager, stated the owner of 118 St" Street, James Bailey, was given GO days to clear all code violations from his property at the September 27t^ City Council meeting. Mr. Bailey was also given an order and has complied with making repairs the outside of both structures (house and detached garage). He will still be required to install new pieces of missing vinyl siding and finish the eaves on the front of the house. All debris work from repair work will need to be removed and the interior of the home cannot be occupied for living purposes until a Certificate of Occupancy has been issued by the City's Building Official. No action was necessary. Minutes Continued, December 6, 2021 b. A motion was made by Councilmember Sonnier and seconded by Councilmember Neal to accept the Quarterly Investment Report from the Finance Department. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. c. A motion was made by Mayor Pro Tern Austin and seconded by Councilmember Sonnier to approve a request from Texas Parks & Wildlife to utilize a Nederland Recreation Center classroom to host a Hunters Education Course. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. d. A motion was made by Councilmember Neal and seconded by Councilmember Root to approve the 2022 Holiday Observance calendar. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. e. A motion was made by Councilmember Root and seconded by Councilmember Sonnier to accept the quarterly Hotel Occupancy Tax Fund financial report from the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. f. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Austin to approve Resolution No. 2021-33, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the Mid-County Plaza (Henry LaBrie's airport development) project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. g. A motion was made by Councilmember Neal and seconded by Councilmember Sonnier to approve Resolution No. 2021-3,4, regarding the Texas Attorney General's Opioid Settlement. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: Robert Woods gave a brief construction update: • Hodgson Road Project has one issue to resolve then it can be brought to Council for closeout. • Hodgson Lift Station still has outstanding issues to complete before final acceptance. Pump representatives from Gorman Rupp were on site the week of November 30th and completed diagnostics on the pump. They have presented their recommendations for review. • Wastewater Treatment Plant has two change orders: Phase 1 consists of material and associated items covering installation of 40 additional clarifier through brackets; and phase 2 consists of material, labor, and associated items covering replacement of Minutes Continued, December 6, 2021 damaged piping within the wastewater treatment plant lift station. Completion anticipated for April 2022. b. City will host a blood drive this Thursday from 11:00 a.m. to 5:00 p.m. c. Langham Singers will be at City Hall this Thursday at 9:00 a.m. d. Chris thanked Angela Fanette and her staff for a successful Christmas on the Avenue. e. The Lighted Christmas Parade hosted by Nederland Chamber of Commerce will be tomorrow at 6:30 p.m. f. The EDC Tour of Lights will be December 14th 6:00 p.m. g. The Chamber of Commerce and Nederland EDC are offering incentive programs to Shop Local Shop Often. Receipts can be turned in for drawings. Mayor Pro Tern and Councilmember Neal requested a discussion item be put on the agenda to discuss allowing side by side, all-terrain and other off-road vehicles on city streets . Chris Duque said staff will do additional research and put on January 24th agenda. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Root to adjourn the meeting at 5:00 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root. Noes: None. ` 4 • ® = on Albanese, Mayor r, ; \ ?- City of Nederland, Texas t41),,y OF 1 ` ,011A - ay erg son, ity01rk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor Talmadge Austin Council Member—Ward I Billy Neal Council Member—Ward II Randy Sonnier Council Member—Ward III Sylvia Root Council Member—Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Gary Porter Police Chief 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 Don Albanese, Mayor Gay Fergusdli, City Clerk December 6, 2021 Date RESOLUTION NO. 2021-34 A RESOLUTION OF THE NEDERLAND CITY COUNCIL JOINING WITH THE STATE OF TEXAS AND POLITICAL SUBDIVISIONS OF THE STATE AS A PARTY IN THE TEXAS OPIOID SETTLEMENT AGREEMENTS SECURED BY THE OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT PARTICIPATION FORMS WHEREAS, the people of the State of Texas and its communities, including Nederland, have been harmed through the national and statewide epidemic caused by the sale, use, and distribution of opioids within the State of Texas;and WHEREAS,the City was provided information indicating that certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants")have engaged in fraudulent and reckless marketing as well as fraudulent distribution of opioids that have resulted in addictions and overdoses;and WHEREAS,these actions,conduct,and misconduct have resulted in significant financial costs to the City;and WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet(hereafter, the Texas Term Sheet)approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit"A"and incorporated for all purposes;and WHEREAS,Special Counsel and the State of Texas have recommended that the Nederland City Council support the adoption and approval of the Texas Term Sheet in its entirety;and WHEREAS,the Nederland City Council finds and determines that it is in the best interest of the health,safety,and welfare of the City to participate in the Texas Term Sheet. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: 1. The City supports the adoption and approval of the Texas Term Sheet in its entirety; and 2. The City finds as follows: a. There is a substantial need for re-payment of opioid-related expenditures and payment to abate opioid-related harms in and about the City of Nederland;and b. The City hereby adopts the allocation method for opioid settlement proceeds as set forth in the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCAITON TERM SHEET. The City Council understands that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and political subdivisions to explore and potentially effectuate resolution of the Opioid Litigation against pharmaceutical supply chain participants as defined therein. The City also understands that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and political subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic in this City and throughout Texas. 3. The Nederland City Manager is authorized to execute any settlement participation forms. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 6TH day of DECEMBER,2021 at which meeting a quorum was present and voting. pF 442-rt aZ/Zs. As • Don Albanese,Mayor =G� \���� City of Nederland,Texas Gay Fergus ,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: retee Jesse : .'is ity Attorney City . l ederland,Texas