November 11, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEOERLANO
4:30 P_rm_ November 11, 2019
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:
"PIJRS IJANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANOGUN), A PERSON LICENSEO UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANOGIJN LICENSING
LAWS, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY."
2_ INVOCATION ANO PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk.
3_ CONSENT ^GENOA - 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 Austin and seconded by Councilmember Root
to approve the Consent Agenda Item "a" as presented. MOTION CARRIED._
Ayes: Mayor Albanese, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Councilmember Hollier_
a. Minutes - October 28, 2019 regular meeting and October 28, 2019 workshop.
4_ REGULAR ^GENOA
a. The regular meeting was recessed and a public hearing was called to order at 4:32
p.m. by Mayor Albanese for the purpose of considering and taking action including
approval of an agreement with the law firm of Linebarger, Goggan, Blair 8t
Sampson, LLP as special counsel to perform all legal services necessary to collect
unpaid fines, fees, and court costs as provided in Texas Code of Criminal Procedure
Article 103.0031 and authorizing the execution of such agreement.
Chris Duque, City Manager, stated the public hearing is being held to receive
comments regarding consideration and possible action including approval of an
agreement with the law firm of Linebarger, Goggan, Blair 8. Sampson, LLP as
special counsel to perform all legal services necessary to collect unpaid fines, fees,
and court costs as provided in the Texas Code of Criminal Procedure Article
Minutes Continued, November 11, 2019
103.0031 and authorizing the execution of such agreement. A collection fee in the
amount of 30% in certain cases would compensate collection attorneys.
Bryan Groce, Director of Operations, and Danielle Nettles, Attorney; for Linebarger,
Goggan, Blair&Sampson, LLP; made a presentation to City Council. They reported
they are the leading collection vendor for municipalities and justices of the peace
for unpaid fines, fees, and court costs. They have over 1,200 employees in more
than 40 offices throughout the United States. They do not charge jurisdictions for
their service but include a 30% add-on fee, which is passed to the debtor.
They discussed some of their strategies for locating/contacting clients and being
able to collect outstanding debts.
Mr. Duque stated no action was necessary and the contract for services will be
considered at the next council meeting.
There being no further questions and/or comments the public hearing was
adjourned and the regular meeting was reconvened at 4:50 p.m. by Mayor
Albanese.
b. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve Resolution No. 2019-16, casting votes for Terry Schwertner as a
candidate for the Board of Directors of the Jefferson County Appraisal District.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Councilmember Hollier.
c. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Neal
to authorize the purchase of six turbidimeters for the Public Works Department via
a sole-source vendor. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Councilmember Hollier.
d. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve Ordinance No. 2019-33, amending the Plumbing Code for the
purpose of establishing and managing an effective cross-connection control
program. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Councilmember Hollier.
e. Chris Duque, City Manager, reported after staff reviewing food truck regulations of
the cities of Port Neches, Groves, Beaumont, Port Arthur, and Lumberton, as well
as discussing the Jefferson County Health Department's food truck procedures, a
public meeting was held on October 21st to gather input from local
businesses/restaurants, food truck vendors, and citizens. Only food truck vendors
were in attendance. Following this research and discussion, staff developed a draft
ordinance to amend the existing regulations to fit the request. The proposal would
establish a Food Truck Pilot Program for 12 months. During this period, temporary
permits would be available for special events (defined as an event organized and
permitted by the business establishment for the temporary promotion and
Minutes Continued, November 11, 2019
advertisement for the benefit of the business establishment, whether for profit or
non-profit; in which, the setup is completely on the establishment's private
property); the temporary permits would be available no more than 12 times during
a calendar year, no more than once a month, and for a 3-day period. The following
requirements would be adopted:
• Permit fee of $50,
• Permits shall not be issued during the week of the Nederland Heritage
Festival,
• Permits will only be issued to applicants with a brick and mortar business
in Nederland or a residential home with a homestead exemption in
Nederland,
• Documentation must be submitted confirming the businesses permission
to be on the property,
• Jefferson County Health Department permit is required,
• Food truck/trailers only allowed in commercial and industrial zoning
districts, not allowed in the public ROW and state highway ROW, shall not
park overnight, cannot be within 50 feet of a residential structure, and
cannot be within 100 feet of the primary entrance of an operating
restaurant without written permission from the restaurant,
• Properties where the food truck/trailer is stationed shall maintain the
required number of parking spaces,
• Food trucks/trailers shall operate from a licensed commissary,
• Food trucks/trailers shall be located within 100 feet of a public restroom,
• The Pilot Program will commence on January 1, 2020.
If City Council is inclined to move forward with this program, the next step is to
hold a Joint Public Hearing with the Planning & Zoning Commission on December
9, 2019. Planning & Zoning Commission would meet after the Joint Public Hearing
to vote on their recommendation, then the item would return to the City Council
for possible action on the ordinance on December 16, 2019. During this process,
the proposed ordinance may change due to on-going discussion and review. Prior
to taking any action, staff recommended meeting in Executive Session for
discussion with the City Attorney.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:00 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.071, Consultation with City Attorney.
6. RECONVENE
The regular meeting was reconvened at 5:21 p.m. by Mayor Albanese.
A motion was made by Councilmember Root and seconded by Councilmember Austin
to set a Joint Public Hearing for December 9, 2019 at 4:30 p.m. to discuss revising
regulations regarding mobile vendors (food trucks). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, and Root.
Noes: None.
Absent: Councilmember Hollier.
Minutes Continued, November 11, 2019
7. COMMUNICATION
a. Miscellaneous:
• Robert Woods, Director of Public Works gave a brief report on construction
projects:
a. Main sewerline project - the bore on Avenue H has been completed and
carrier pipe has been installed. Working on tie-in and repaving the street.
Anticipating opening the street the week of Thanksgiving.
b. Concrete Street Repair - concrete panels on west side of 33rd Street have
been made. The saw cutting on the east side is beginning.
• Chamber Coffee tomorrow morning at Central Middle School at 8:00 a.m.
• 2nd City Council Meeting this month will be November 18tH
8. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Austin to adjourn the meeting at 5:28 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, and Root.
Noes: None.
�,� N�Sent: Councilmember Hollier.
\\\
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=0; 'IF4 >1�-1 • W= D, lbanese, Mayor
Q, 4.1 City of Nederland, Texas
ay Ferg on, City CI <
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
Emmett Hollier 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 ✓
q-n ,,( Arnot
-Gary Porter Police Chief ✓
Terry Morton Fire Chief
Robert Woods Director of Public Works
George Wheeler Building Official ✓
Victoria Klehn Librarian ✓
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary
Angela Fanette Parks Director
Don Albanese, Mayor
11.0
ay Ferguson,
City Cler
November 11, 2019
Date
CITY OF NEDERLAND
RESOLUTION 2019-16
WHEREAS,Senate Bill No. 621,Acts of the 66th Texas Legislature,Chapter 841,
1979, provides for establishing an Appraisal District which would concern the City of
Nederland; and
WHEREAS,the Act provides that the Appraisal District shall be governed by a Board of
Directors to be chosen by the taxing units within the district by a voting method set out in the
Act; and
WHEREAS,the Act provides for nomination of candidates for the Board by the taxing
units within the Appraisal District;and
WHEREAS,the City of Nederland is desirous of having representation on the Board
of Directors of the Appraisal District; and
WHEREAS,the Act entitles each taxing unit to vote and determine its votes by
resolution submitted to the Jefferson County Appraisal District before December 15,2019.
NOW,THEREFORE, BE IT RESOLVED,that the City Council of the City of
Nederland, in compliance with Senate Bill No. 621, hereby casts its entire vote as follows:
Allison Nathan Getz
Eugene Landry
Lauren Williams Mason
Dr.Louis Reed
Terry Schwertner 58
‘,„,,iiiiiiiS.O RESOLVED,this the 11th day of November,2019.
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o 0i °/1I ,' - Don Albanese, Mayor
7". �,�? • City of Nederland,Texas
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Gay Ferguso',City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
•
Jess-
ity Attorney
Cjoritrland,Texas
ORDINANCE NO. 2019-33
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS,
AMENDING CHAPTER 18,ARTICLE III OF
THE CODE OF ORDINANCES, CITY OF
NEDERLAND, PROVIDING THE CROSS-
CONNECTION CONTROL PROGRAM;
MAKING FINDINGS OF FACT; PROVIDING
A REPEAL CLAUSE AND SEVERABILITY
CLAUSE; ESTABLISHING PENALTIES FOR
THE VIOLATION OF THESE
RESTRICTIONS AND PROVISIONS FOR
ENFORCEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to
utilize police power regulation of health,safety,and general welfare of the public;and
WHEREAS,the Nederland City Council desires to establish and manage an effective cross-
connection control program;and
WHEREAS,the City of Nederland determined that it is in the best interest of the health,
safety,and welfare of its citizens to mandate that all backflow prevention assemblies which are
installed to provide protection against non-health hazards be tested by the customer every three
years by a recognized backflow prevention assembly tester;and
WHEREAS,the City of Nederland determined that it is in the best interest of the health,
safety,and welfare of its citizens to mandate that all backflow prevention assemblies which are
installed to provide protection against health hazards be tested and certified by the customer to
operate within specifications at lease once a year,by a recognized backflow prevention assembly
tester;and
WHEREAS,in order to accomplish this necessary goal and objective,the City of Nederland
now finds it necessary to amend Chapter 18. Buildings and Building Regulations, Article Ill.
Plumbing of the existing Code of Ordinances.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. Chapter 18.Buildings and Building Regulations,Article Ill.Plumbing of the
Code of Ordinances of the City of Nederland is hereby revised with the
following revisions:
A. Add Section 18-55.Cross-Connection Control Program:
Section 18-55. Cross-Connection Control Program.
A. DEFINITIONS
(1) Manual M14: the American Water Works Association's Recommended Practice for
Backflow Prevention and Cross-Connection Control,current edition.
(2) TCEQ:Texas Commission on Environmental Quality.
1
(3) 290 Rules: the TCEQ's rules and regulations for public water systems, which appear in
Title 30,Texas Administration Code,Chapter 290.
(4) Contamination:the presence of any foreign substance(organic,inorganic,radiological,or
biological)in water,which tends to degrade its quality so as to constitute a health hazard
or impair the usefulness of the water.
(5) Potential Contamination Hazard: a condition which, by its location, piping, or
configuration, has a reasonable probability of being used incorrectly, though
carelessness, ignorance, or negligence, to create or cause to be created a backflow
condition by which contamination can be introduced into the water supply.
(6) Cross-connection: a physical connection between a public water system and either
another supply of unknown or questionable quality, any source, which may contain
contaminating or polluting substances,or any source of water treated to a lesser degree
in the treatment process.
(7) Health Hazard: a cross-connection, potential contamination hazard, or other situation
involving any substance that can cause death, illness, spread of disease, or has a high
probability of causing such effects of introduced into the potable drinking water supply.
(8) Non-health Hazard: a cross-connection, potential contamination hazard, or other
situation involving any substance that generally will not be a health hazard, but will
constitute a nuisance, or be aesthetically objectionable, if introduced into the public
water supply
B. GENERAL
(1) No water-service connection shall be made to any establishment where a potential or
actual contamination hazard exists unless the water supply is protected in accordance
with the 290 Rules and this ordinance.The water purveyor shall discontinue water service
if a required air-gap or backflow prevention assembly is not installed, maintained, and
tested in accordance with 290 rules and this ordinance.
(2) No backflow protection at the water service meter is required where an adequate internal
cross-connection control program is in place
C. INSTALLATION,TESTING,AND MAINTENANCE OF BACKFLOW PREVENTION ASSEMBLIES
(1) All backflow prevention assemblies must be installed and tested in accordance with the
manufacturer's instructions or Manual M14.
(2) All backflow prevention assemblies must be tested upon installation by a licensed
backflow prevention assembly tester and certified to be operating within specifications.
Backflow prevention assemblies that are installed to protect against health hazards must
also be tested and certified to be operating within specifications at least annually by a
recognized backflow prevention assembly tester.
(3) Backflow prevention assemblies installed on fire suppression systems must be tested by
a backflow prevention assembly tester permanently employed by an approved fireline
contractor.
(4) Gauges used for backflow prevention assembly testing must be tested for accuracy at
least annually in accordance with the AWWA's Manual M14.A copy of the gauge accuracy
test report must be submitted to the City of Nederland Inspection Department to
demonstrate the gauge has been tested for accuracy.
(5) A recognized backflow prevention assembly tester must hold a current license issued
from the TCEQ.
(6) Assemblies must be repaired, overhauled, or replaced whenever the assemblies are
found to be defective. Original forms recording,testing, repairs, and overhaul must be
kept and submitted to the City of Nederland Inspection Department within five working
days of the test, repair or overhaul of each backflow prevention assembly. No backflow
prevention assembly or device may be removed from use or relocated,or other assembly
or device substituted for it,without the approval of the City of Nederland Building Official
or the designated authority
D. CUSTOMER SERVICE INSPECTIONS
(1) A customer service inspection must be completed before the provision of continuous
water service to all new construction,on any existing service when the water purveyor
2
has reason to believe that cross-connection or other contamination hazards exists, or
after any material improvement,correction,or addition to the private water-distribution
facilities.
(2) Only individuals with the following credentials shall be recognized as capable of
conducting a customer service inspection.
a. Plumbing Inspectors and water-supply protection specialist that have been licensed
by the Texas State Board of Plumbing Examiners.
b. Customer service inspectors that have been licensed by the TCEQ.
(3) The customer service inspection must certify that:
a. No direct connection between the public drinking water supply and a potential source
of contamination exist.Potential sources of contamination must be isolated form the
public water system by a properly installed air gape or an appropriate backflow
prevention assembly.
b. No cross-connection between the public drinking water supply and a potential source
exists. Where an actual, properly installed air gape is not maintained between the
public water supply and a private water supply,an approved reduced-pressure-zone
backflow prevention assembly is properly installed,and a service agreement exists for
annual inspection and testing by a recognized backflow prevention assembly tester.
c. No connection exist that allows water to be returned to the public drinking water
supply.
d. No pipe or pipefitting that contains more than .8.0 percent lead is used for the
installation or repair of plumbing at any connection that supplies water for human
use.
e. No solder or flux,which contains more than 2.0%lead,can be used for the installation
or repair of plumbing at any connection,which provides water for human use.
E. IRRIGATION SYSTEMS
(1) Any irrigation system that is connected to a public or private potable water supply must
be connected through a backflow prevention assembly approved by the TCEQ.
(2) Backflow prevention assemblies installed on irrigation systems that are classified as
health hazards must be tested at a minimum annually.
F. PENALTY
The City of Nederland Chief Building Official or his designee shall be the enforcer of this
ordinance. The City shall have the right to seek enforcement of this ordinance through the
Municipal Court. Any person or business violating this ordinance,including preventing access
by the City to the backflow assemblies,when required,is guilty of a misdemeanor,and upon
conviction,shall be punishable by a fine of not less than$2,000 and not more than$5,000.
Each day that one or more of the provisions of this ordinance is violated shall constitute a
separate offense. The fine does not limit the City of Nederland's ability to disconnect water
service to the premises. Services discontinued under such circumstances shall be restored
only upon payment of a reconnection charge and any other costs incurred by the city in
discontinuing services. Compliance with this section may also be sought through injunctive
relief in the district court.
SECTION 3. All ordinances that are in conflict with the provisions of this ordinance be,
and the same are hereby,repealed and all other ordinances of the City not
in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 4. Should any paragraph,sentence,subdivision,clause,phrase,or section of
this ordinance be adjudged or held to be unconstitutional,illegal or invalid,
the same shall not affect the validity of this ordinance as a whole or any
part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional.
3
SECTION 5. 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 6. The Ordinance shall be effective from and after its passage.
PASSED AND APPROVED THE 11TH day of NOVEMBER,2019.
APPROVED:
n u Iiinuit,, ,'
,�NEDER
= • � •z Don Albanese,Mayor
'5,114 01/0'
City of Nederland,Texas
, c — Ce1w
Gay Ferguson,City Clerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
i Awerl
Jes - Bra' ,City Attorney
Cit o iederland,Texas
•
4