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April 6, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P_rrm. April 0, 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. 12r'. Street, Nederland, Texas. See attached for quorum. This meeting was closed to in-person attendance by the public. A temporary suspension of the Open Meetings Act to allow telephone or videoconference public meetings has been granted by Governor Abbott. Telephonic and videoconferencing capabilities were utilized to allow individuals to address the City Council. The following statement was posted: "PIJRS DANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGIJNj, A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (FiANDGIJN 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 Root and seconded by Councilmember Hollier to approve the Consent Agenda Item "a" as presented. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. a. Minutes - March 23, 2020 regular meeting 4. REGULAR AGENDA a. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve a proclamation regarding National Fair Housing Month. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Minutes Continued, April 6, 2020 b. A motion was made by Councilmember Root and seconded by Councilmember Austin to engage the RWL Group far consultant services related to the bid for windstorm insurance. 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 authorize the solicitation for proposals for Windstorm Insurance. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. d. A motion was made by Councilmember Root and seconded by Councilmember Hollier to amend the City Purchasing Policy. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. e. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Root to amend Ordinance 164, setting the calendar for regular City Council meetings - April 2020. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. f. A motion was made by Councilmember Hollier and seconded by Councilmember Austin to amend Ordinance No. 2019-25, utility rates and regulations in response to the Coronavirus Disease 2019 (COVID-19). MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. g. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve Resolution No. 2020-04, ratifying a Declaration of Local State of Disaster in response to concerns related to the Coronavirus Disease 2019 (COVID- 19) and consenting to continuation of the disaster declaration for a period of more than 7 days. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. h. Consider approving Resolution 2020-05, denying and refusal of consent to the petition by Corkran Management LLC for the addition of 11.6012 acres of land to the Jefferson County Water Control and Improvement District No. 10 within the City's extraterritorial jurisdiction. Chris Duque, City Manager, reported the City received a petition from Corkran Management LLC and Water District 10 requesting to annex property located within the City's extraterritorial jurisdiction. The proposed Resolution No. 2020-05 denies the request within the prescribed 90-day timeframe. Mr. Duque said the City is weighing two options to provide water and sewer service to the proposed development of Corkran Management LLC. He suggested City Council go into executive session and discuss with City Attorney prior to taking action on this agenda item. Minutes Continued, April 6, 2020 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 5:17 p.m. by Mayor Albanese. A motion was made by Councilmember Austin and seconded by Councilmember Root to approve Resolution No. 2020-05, denying and refusal of consent to a petition by Corkran Management LLC for the addition of 11.6012 acres of land to the Jefferson County Water District No. 10 with the City's extraterritorial jurisdiction. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 7. COMMUNICATION City Manger's Report: a. Miscellaneous: City offices will be closed Friday, April 10th in observation of Good Friday. b. The drive-through window for utility billing will be reducing the number of hours open to encourage compliance with the stay at home order. 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Root to adjourn the meeting at 5:26 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. \\�okliihns,: None.ER , off ED ;•Elfnom .4\11'•. iL 4: O= c�. ,i�fe.•9 ion Albanese, Mayor O� . �:..••���c City of Nederland, Texas if7Y OV. ATfEIST! mai, it �/ ��/ 4 411 y Ferguso f City Clerk 4 City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT, ABSENT Don Albanese Mayor V Talmadge Austin Council Member-Ward I V Billy Neal Council Member-Ward ll V Emmett Hollier Council Member-Ward III V Sylvia Root Council Member-Ward IV V Chris Duque City Manager v Gay Ferguson City Clerk V Jesse Branick City Attorney V Cheryl Dowden Director of Finance Gary Porter Police Chief Terry Morton Fire Chief v Robert Woods Director of Public Works V George Wheeler Building Official Victoria Klehn Librarian v Holly Guidry Human Resources Director V/- Joni Underwood Executive Secretary v Angela Fanette Parks Director v /1 .-- arP•40--------- 1 on 'Ibanese, Mayor 441 , . // Al /./_/ G.y Ferguso 1, City Clerk -/ April 6, 2020 Date CITY OF NEDERLAND "PROGRAMMED FOR PROGRESS" Nederland, Texas Proclamation WHEREAS, the National Fair Housing Act of 1968 prohibits discrimination in housing and declares it a national policy to provide, within constitutional limits for fair housing in the United States;and WHEREAS, the principle of fair housing is not only national law and national policy, but a fundamental human concept and entitlement for all Americans;and WHEREAS, the 52114 anniversary of the National Fair Housing Law, during the month of April provides an opportunity for all Americans to recognize that complete success in the goal of equal housing opportunity can only be accomplished with the help and cooperation of all Americans; NOW, THEREFORE,I, Don Albanese,Mayor of the City of Nederland, Texas,do hereby proclaim the month of April, as FAIR HOUSING MONTH in the City of Nederland and do hereby urge all citizens of this municipality to become aware of and support the Fair Housing Law. IN TESTIMONY WHEREOF,witness my hand and Seal of the City of Nederland this the 6th day of April,2020. \\\\111111111111///� „,b), . • ;40 , r''%ci /" `� :o F. Don Albanese,Mayor c0 Gay Ferstson, City lerk AMENDMENT TO ORDINANCE NO. 2019-25 AN AMENDMENT TO ORDINANCE NO. 2019-25 OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT ESTABLISHED WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL, AND GARBAGE RATES, AND PROVIDED FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, AND FURTHER PROVIDED FOR INTEREST PENALTIES, RE-CONNECTION CHARGES, TRANSFER FEES, AND RETURNED CHECK FEES, REPEALED ORDINANCE NO. 2018-31, AND ESTABLISHED AN EFFECTIVE DATE. WHEREAS,the Nederland City Council on August 26,2019 approved Ordinance No.2019- 25,which provided utility rates and regulations;and WHEREAS,the Coronavirus Disease 2019(COVID-19)that has been declared a pandemic by the World Health Organization impacted Nederland and the surrounding area, and it is necessary for the City to facilitate the community's economic continuity and recovery. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. Ordinance No.2019-25 is hereby revised with the following revisions: A. Section 23. Validation is renumbered to Section 24. Validation. B. Section 23. Disaster is added: SECTION 23. Disaster. In the event of a declared disaster, such as a hurricane, tornado, flood, ice storm, pandemic, etc. significantly impacting the community, the City Manager is authorized to waive fees, penalties, etc. for up to 60 days from the date of the disaster. The waiver of fees, penalties, etc. shall not exceed $150.00 for residential customers or $250.00 for commercial or industrial customers for each request or incidence. The City Manager is authorized to waive disconnection of utility services for non-payment for a period of NO MORE THAN 60 DAYS from the date of the disaster. The effective date of Section 23. Disasters is March 23, 2020. SECTION 3. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act,Texas Government Code,Chapter 551. SECTION 4. The Ordinance shall be effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland,Texas at a regular meeting this the 6T"day of APRIL.2020. 9T. Ned \\\1\111111111!„,/ gg�' = :��� 0yon Albanese, Mayor ”2•`�` �= •�� City of Nederland,Texas EFFi,$).S°'' ATTEST: Patik-ce4V-07k CCle9 Y City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: ice! C_ Jesse :ran' ity Attorney City of -derland,Texas AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD IN THE MONTH OF APRIL 2020. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meeting shall begin at 4:30 p.m. on each of the following dates: April 27, 2020 ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this 6TH day of April, 2020. OF NED Vron Albanese,Mayor n 1a h �:_ City of Nederland,Texas 4„nn II I 9�- fin.0U1 ^ pa erguI' n,City Clerk(' City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Ii Jesse anic ty Attorney City . Ne•-rland,Texas RESOLUTION NO. 2020-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS EXTENDING THE DISASTER DECLARATION ISSUED BY MAYOR ALBANESE ON MARCH 16, 2020 IN RESPONSE TO THE CORONAVIRUS DISEASE 2019 (COVID-19) WHEREAS, the City of Nederland, Texas has been impacted by the Coronavirus Disease 19 (COVID-19)that was declared a pandemic by the World Health Organization;and WHEREAS,on March 16, 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, on March 23, 2020, the Nederland City Council via Resolution No. 2020-03, authorized the extension of the Declaration of Disaster for thirty days (through April 22, 2020) 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 presence and effects of Coronavirus Disease 19 (COVID-19) 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 March 16, 2020, shall be extended by the City Council of the City of Nederland though April 30, 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. Pfl�SSED AND APPROVED by the Nederland City Council this the 6T"day of APRIL,2020. pG•: �,�,, ;� on Albanese, Mayor --,� • •••.",ON„< City of Nederland, Texas AT''"B2 c " , 1 . , __._// i/ . ///L Gay Ferglson, City'Jerk APPROVED AS TO FORM AND LEGALITY: _ ,. c C--_ Jessalf, , City Attorney RESOLUTION NO. 2020-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFNEDERLAND, TEXAS REGARDING THE DENIAL AND REFUSAL OF CONSENT TO A PETITION BY CORKRAN MANAGEMENT, L.L.C. FOR THE ADDITION OF 11.6012 ACRES OF LAND TO THE JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION WHEREAS, by a letter dated January 30, 2020, the owner, Corkran Management, L.L.C., of 11.6012 acres of land(the"land")and Jefferson County Water Control and Improvement District No. 10 (the "District") submitted a petition (the "petition")for the addition of the land to the District a copy of which is attached hereto and labeled Exhibit"A";and WHEREAS, the District is a political subdivision providing water and sanitary sewer services within the extraterritorial jurisdiction of the City of Nederland(the"City");and WHEREAS,the land described in the petition is located within the extraterritorial jurisdiction of the City; and WHEREAS,Section 42.0425 of the Texas Local Government Code provides that land may not be added to political subdivisions providing water and sanitary sewer services within the extraterritorial jurisdiction of the City unless the City grants its written consent by resolution or ordinance;and WHEREAS,the City Council finds that the addition of the land to the District is not in the public interest of the citizens of the City. NOW,THERFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION 1. That the petition submitted by MSV Limited and the District for the addition of the land to Jefferson County No.10(Exhibit"A")is hereby denied and refused. PASSED AND APPROVED by the City Council of the City of Nederland,Texas,this the 6T"day of APRIL,2020. 00,0„,;„0,01/4 l,,,, EDF,� 2 ' �! Don Albanese,Mayor A ►�" �%�'z= City of Nederland,Texas ATr �'OF• 'JEF, ��//771I1111111\N ay Fergus lid,City Clerk 1 City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: 11, `� C Jesse :ranic , 'ityAttorney City of N-.erland,Texas