October 9, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. October 9, 2023
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 Councilmember Duplant.
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 Councilmember Guillot to
approve the Consent Agenda Items "a thru b" as presented. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, and Guillot.
NOES: None.
ABSENT: Mayor Pro Tem Sonnier.
a. Minutes - September 25, 2023 regular meeting and September 25, 2023 special
meeting
b. Consider action approving the closure of Boston Avenue between 15th Street and
17th Street on Friday, October 20th for"Monsters in the Park."
7. CITY MANAGER'S REPORT
Shannon Hemby presented a donation from the Nederland Heritage Festival
Foundation to the Nederland Police Department in the amount of $10,000, the
Nederland Parks Department in the amount of $10,000, and the Nederland Fire
Department in the amount of $11,000.
4. REGULAR AGENDA _
a. The regular meeting was recessed and a Public Hearing was called to order at 4:38
by Mayor Albanese for the purpose of discussing and receiving comments
regarding the request for a Specific Use Permit for the property located at 1003
Nederland Avenue for a massage establishment in a property zoned C-3 (highway
commercial).
Chris Duque, City Manager, stated that following the Joint Public Hearing, the item
will return to the Planning & Zoning Commission on October 17th for them to vote
Minutes continued, October 9, 2023
on the rezoning request; the item would then return to the City Council for action
on October 23rd.
Chief Gary Porter stated that having operating massage businesses has not shown
to be in the best interest of the City, so far. If the City allows this one to begin
operation, then we will not have any control over future requests for these
businesses.
No action was necessary.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 4:40 by Mayor Albanese.
b. A motion was made by Councilmember Duplant and seconded by Councilmember
Root to authorize the emergency repair of a wastewater line segment from the
Nederland Avenue lift station to the manhole located at Atlanta Avenue and
Entergy property line. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, and Guillot.
NOES: None.
ABSENT: Mayor Pro Tern Sonnier.
c. A motion was made by Councilmember Duplant and seconded by Councilmember
Root to approve a Memorandum of Understanding with the Southeast Texas
Regional Planning Commission for the Emergency Alerting Network. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, and Guillot.
NOES: None.
ABSENT: Mayor Pro Tern Sonnier.
d. A motion was made by Councilmember Root and seconded by Councilmember
Guillot to approve Resolution No. 2023-19, ratifying the action of the Nederland
Economic Development Corporation Board of Directors related to Inland
Environments LTD for asbestos abatement of 1308 Boston Avenue. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, and Guillot.
NOES: None.
ABSENT: Mayor Pro Tern Sonnier.
e. A motion was made by Councilmember Root and seconded by Councilmember
Guillot to approve Resolution No. 2023-20, ratifying the action of the Nederland
Economic Development Corporation Board of Directors related to N&T Construction
for the Off-Boston Development construction. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, and Guillot.
NOES: None.
ABSENT: Mayor Pro Tern Sonnier.
f. A motion was made by Councilmember Root and seconded by Councilmember
Duplant to approve an Agreement between the City of Nederland and Orbit Gulf
Coast NGL Exports, LLC (Orbit), Energy Transfer GC NGL Marine Facilities, LLC
(NGL), Energy Transfer Nederland Terminal, LLC (Nederland Terminal), and Energy
Transfer Marketing &Terminals L.P. (ETMT) aka Sunoco Partners Marketing &
Terminals. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, and Guillot.
NOES: None.
ABSENT: Mayor Pro Tern Sonnier.
Minutes continued, October 9, 2023
Chris Duque stated that the company name has been revised from Sunoco Partners
Marketing &Terminals, L.P. to Orbit Gulf Coast NGL Exports, LLC (Orbit), Energy
Transfer GC NGL Marine Facilities, LLC (NGL), Energy Transfer Nederland Terminal, LLC
(Nederland Terminal), and Energy Transfer Marketing &Terminals L.P.. (ETMT) aka
Sunoco Partners Marketing &Terminals. The term of the proposed Agreement is seven
years (January 1, 2024 to December 31, 2030). The abatement schedule for new
construction is amended (2024 - 43.75%, 2025 - 62.5%, and 2026-2030 - 100%);
the old abatement percentages were reversed to reflect the long-term plans of the
company's new projects. The property included in the Agreement is revised to reflect
the 2023 land transaction. New language has been added to address the potential for
the company to lease property; the asset must be valued $30M or greater for this to
be applicable. Force majeure language has been added.
5. EXECUTIVE SESSION
The regular meeting was recessed at 4:48 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code,
Deliberations about Real Property - Texas Government Code, Chapter 551.072,
1308 Boston Avenue; Personnel - Texas Government Code, Chapter 551.074, Discuss
personnel - Deliberation of the Appointment, Employment, and Duties of a Public
Officer or Employee - Finance Director.
6. RECONVENE
The regular meeting was reconvened at 5:19 p.m. by Mayor Albanese.
A motion was made by Councilmember Root and seconded by Councilmember Guillot
to allow the City to purchase property at 1308 Boston Avenue from the Nederland
Economic Development Corporation in the amount of$558,415.00. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, and Guillot.
NOES: None.
ABSENT: Mayor Pro Tem Sonnier.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• Chamber Coffee will be tomorrow, Oct. 10th, at DuGood FCU.
• Chris Duque thanked the Nederland Fire, Police and Parks departments for their
work on the National Night Out event.
• Chris Duque thanked the Parks department for their participation with ASK on
the fishing derby.
• Monsters in the Park will be held Friday, Oct. 20th, at Tex Ritter Park.
• Police and Fire will participate in Trunk or Treat on Oct. 31St. Employees are
collecting candy to distribute.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:22 p.m.
1436141 0e2-td24-0--
Don Albanese, Mayor
City of Nederland, Texas
Minutes continued, October 9, 2023
ATTEST:
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Joni ynderwood, City Clerk
City of Nederland, Texas
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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 N/
Randy Sonnier Council Member-Ward III / I/
David Guillot Council Member-Ward IV V
Chris Duque City Manager "/
Joni Underwood City Clerk
Chris Leavins City Attorney
Cheryl Dowden Director of Finance
Gary Porter Police Chief v
Terry Morton Fire Chief v
\/
Robert Woods Director of Public Works
George Wheeler Building Official ji
Molli Hall Librarian V
Holly Guidry Human Resources Director V
-rob La_-hio/ais Parks Director 1
illeeff a/-eo../..sva,
ion Albanese, Mayor
0A1-6(P-111
Jon Underwood, City Clerk
Date
RESOLUTION NO. 2023-19
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 Inland Environments LTD in an aggregate maximum amount of
not more than Thirty-Two Thousand Nine Hundred Twenty-Five dollars ($32,925.00), 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
NEDERLAND, TEXAS this the 25th day of September, 2023 at which meeting a quorum was
present and voting.
4(1%
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
Joni Undgrwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse rani , ity Attorney
City f derland,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS this the 9 day of Oc/Dber , 2023 at which meeting a
quorum was present and voting.
Ati ag-M0-04i
D n Albanese,Mayor
City of Nederland,Texas
ATTEST:
Joni Un erwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
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Chris -. ► ,City Attorney
City of ederland,Texas
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RESOLUTION NO. 2023-20
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 N&T Construction in an aggregate maximum amount of not
more than Two Million Two Hundred Twenty-Three Thousand Five Hundred Eighty-Seven dollars
($2,223,587,00.00),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
NEDERLAND,TEXAS this the 9th day of October,2023 at which meeting a quorum was present
and voting.
I,.
on Albanese,Mayor
City of Nederland,Texas
ATTEST:
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Joni Un erwood,City Clerk
City of Nederland,Texas ```����� " 'mni ,,, '
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APPRO S ORM AND LEGALITY: ?/\J: ••'� iz`\ `9
Chris Le ,City Attorney 4Qom;
City of Nederland Texas ,,, OF 3E���``�'�\
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PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS this the day of , 2023 at which meeting a
quorum was present and voting.
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
Joni Underwood,City Clerk
City of Nederland,Texas
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APPROVED AS M AND LEGALITY: ```‘`quupF NurrEDrrurF/
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q , 4l oif'‘Chris Leavin ty Attorney =
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City of Nederland,Texas •,,i/i *���
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