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June 8, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m- June 8, 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. 12t^ 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: "PIJRSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGIJN3, A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW 3, 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 Mayor Pro Tem Hollier and seconded by Councilmember Neal to approve the Consent Agenda Items a-b as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. a. Minutes - May 18, 2020 regular meeting b. Consider action regarding a request from Tommy Olesky to utilize Ooornbos Park and the Nederland Recreation Center for a cross country meet and waiver of associated fees. Minutes Continued, June 8, 2020 4. REGULAR AGENDA a. A motion was made by Councilmember Neal and seconded by Councilmember Root to approve Resolution No. 2020-08, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the incentive offered to Lonestar Good Spirit Investments (Neighborhood Veterinary Clinic). MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Hollier to approve Ordinance No. 2020-12, approving a settlement agreement regarding the state of intent of Texas Gas Service Company, a division of ONE Gas, Inc., filed on December 20, 2019. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. c. Bids: i. A motion was made by Mayor Pro Tem Hollier and seconded by Councilmember Root to award a bid for the Hodgson Road / Bourque Road Rehabilitation project to Gulf Coast, a CRH Company in the amount of$1,347,168. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. ii. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Hollier to award a bid for debris removal services and emergency products to DRC and CERES. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. d. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Hollier to approve an agreement to provide fire protection services to the Industrial Safety Training Council. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. e. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Neal to approve an agreement for fire protection services with the Jefferson County Emergency Services District #2. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. f. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve Resolution No. 2020-09, 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 seven days. MOTION CARRIED. Minutes Continued, June 8, 2020 Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. g. Chris Duque, City Manager, reported on the plan to reopen Nederland offices and services. He went over processes at each city facility and advised the second phase of the reopening plan will be presented to City Council at their June 22nd meeting. The swimming pool is set to open on June 12th using guidelines set by the CDC. Mr. Duque said the only complaint he has received is from the Parks Department in keeping the play equipment closed. He said there is not enough staff and cleaning disinfecting supplies to clean the equipment in Doornbos Park, Cropo LeBLanc Park, or 5th Street Park. Rashell Collins-Bridle made comments to City Council stating her concerns for not opening the play equipment. She believes if anyone wants to accept the responsibility for cleaning before and after their children play on the equipment, it should be their choice to do so. She does not agree with keeping the equipment closed. Mr. Duque went on to discuss the 4th of July Event. The City only has one sponsor for the event, no food vendors, and no contracted amenities. The only contracted vendors were the pyrotechnician company and the band. Both of these vendors were willing to postpone until next year. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Hollier to cancel the 4th of July Event for 2020 and extend the pyrotechnician and band contracts until July 4, 2021. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. Mayor Pro Tern Hollier thanked Ms. Rashell Collins-Bridle for attending the meeting and voicing her concerns. He encouraged everyone to be more involved with their city government. h. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Hollier to amend Ordinance No. 2020-03, establishing hours of operation and fees for the Nederland Swimming Pool. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:40 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.087 - Deliberation Regarding Economic Development Negotiations. Minutes Continued, June 8, 2020 6. RECONVENE The regular meeting was reconvened at 6:14 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manger's Report - • Chris Duque thanked the Police Chief, Fire Chief, and Director of Public Works for their work in preparation of the possibility of an approaching storm. 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Root to adjourn the meeting at 6:15 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: None. Absent: Councilmember Austin. 00111111111,,,/4o °OF NEDen off f 111'•�� zE ion Albanese, Mayor p'•�'�,4;�vp •' City of Nederland, Texas flA ay Fergu!•n,City Cler! 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 Gary Porter Police Chief Terry Morton Fire Chief Robert Woods Director of Public Works V George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director ✓ Joni Underwood Executive Secretary Angela Fanette Parks Director Don Albanese, Mayor ay FergusUn, Ci ler June 8, 2020 Date ORDINANCE NO. 2020-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING THE SETTLEMENT OF THE PROPOSED RATE INCREASE OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS INC., TO INCREASE RATES IN THE CENTRAL TEXAS SERVICE AREA, THE GULF COAST SERVICE AREA, AND THE CITY OF BEAUMONT; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS,on or about December 20,2019,Texas Gas Service Company,a division of ONE Gas,Inc.("TGS"or"Company")filed a Statement of Intent with the City of Nederland("City")and concurrently with the Railroad Commission of Texas ("RRC" or "Commission") to increase gas rates within the Central Texas Service Area ("CTSA"),the Gulf Coast Service Area ("GCSA"),and the City of Beaumont by$17 million per year;and WHEREAS, the Company revised its Statement of Intent on February 14, 2020, and decreased its requested revenue increase to$15.7 million;and WHEREAS, TGS, Railroad Commission staff, and City groups representing similarly- situated cities in TGS's service area participated in proceedings before the Railroad Commission of Texas and in a number of settlement discussions to resolve the rate case issues without litigation;and WHEREAS, TGS has agreed to settle the rate request at a rate increase level of$10.3 million per year;and WHEREAS,the Railroad Commission staff,the Lawton Law Firm,and counsel for the other city groups participating in these proceedings have recommended approval of the Settlement terms as a reasonable alternative to resolve the rate case issues without litigation. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS,THAT: Section 1. The statements and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Nederland,Texas hereby authorizes the settlement of the TGS rate case proceedings at the rate increase level of$10.3 million per year. 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. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this 8TH day of JUNE,2020. Z3'14 066,04s,-- Don Albanese,Mayor City of Nederland,Texas '% ‘.\1.F.1). ./?/_'',„ { - ATTEk,I)'aF .1E , aitov(, ay Fergus n,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: e Jes ' ,City Attorney 0Cit • ederland,Texas RESOLUTION NO. 2020-09 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,the Nederland City Council via Resolution No.2020-03,Resolution No.2020-04,and Resolution No. 2020-06, authorized the extension of the Declaration of Disaster 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 June 26, 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. `\` PASSE, ' DAND APPROVED by the Nederland City Council this the 8T"day ofJUNE,2020. (N‘\\‘ NEDFRL,, iA, Of z= I . a mi 014} .,i!j„W•(5;g ron Albanese, Mayor -,G i ...i a's's City of Nederland, Texas ay Ferguson, City Jerk APPROVED AS TO FORM AND LEGALITY: Jess- i ,City Attorney AMENDMENT TO ORDINANCE NO. 2020-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 2020-03; ADJUSTING HOURS OF OPERATION AND FEES FOR THE NEDERLAND SWIMMING POOL AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the City of Nederland operates and maintains a municipal park system; and WHEREAS, Ordinance No. 2020-03 established regulations for governing parks and related facilities within the City of Nederland, including the Nederland Swimming Pool. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: Section 1: The hours of operation, procedures, and fee schedule as shown in Exhibit "B" attached, which is incorporated herein by reference, is hereby approved and adopted; and Section 2: Ordinance No. 2020-03 shall be amended when this Ordinance becomes effective. 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: This ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED THE 8T" day of JUNE. 2020. APPROVED: o�•�EDER/ Q Patt hi1 :t� s banese,Mayor � City of Nederland,Texas OF \\ '//llllllllll\\\ . , i. /IA/ i/ ay Fer_'son,City CI,rk City of Nederland APPROVED AS TO FORM AND LEGALITY: Aled•- C ` nick,City Attorney of Nederland,Texas EXHIBIT "B" HOURS OF OPERATION - Proposed Times Monday Tuesday Wednesday Thursday Friday Saturday Sunday 11:30AM Staff Staff Staff Staff Staff Staff 11:45AM Cleaning Cleaning Cleaning Cleaning Cleaning Cleaning 12:00PM 12:30PM 1:00PM Reservable Reservable Reservable Reservable Reservable Reservable 1:30PM Swim Time Swim Time Swim Time Swim Time Swim Time Swim Time 2:00PM 12:00pm- 12:00pm- 12:00pm- 12:00pm- 12:00pm- 12:00pm- 3:30pm 3:30pm 3:30pm 3:30pm 3:30pm 3:30pm 2:30PM 3:00PM 3:15PM C 3:30PM Staff Staff Staff Staff Staff Staff 3:45PM L Cleaning Cleaning Cleaning Cleaning Cleaning Cleaning 4:00PM 4:30PM 0 5:00PM Reservable Reservable Reservable Reservable Reservable Reservable 5:30PM SSwim Time Swim Time Swim Time Swim Time Swim Time Swim Time 6:00PM 4:00pm- 4:00pm- 4:00pm- 4:00pm- 4:00pm- 4:00pm- 7:30pm 7:30pm 7:30pm 7:30pm 7:30pm 7:30pm 6:30PM E 7:00PM 7:15PM 7:30PM D Staff Staff Staff Staff Staff Staff 7:45PM Cleaning Cleaning Cleaning Cleaning Cleaning Cleaning 8:00PM PENDING PENDING PENDING PENDING PENDING PENDING 8:15PM Private Private Private Private Private Private 8:30PM Rental Rental Rental Rental Rental Rental (Under X (Under X (Under X (Under X (Under X (Under X 8:45PM Guests) Guests) Guests) Guests) Guests) Guests) 9:00PM 8:00pm- 8:00pm- 8:00pm- 8:00pm- 8:00pm- 8:00pm- 9:15PM 9:15pm 9:15pm 9:15pm 9:15pm 9:15pm 9:15pm 9:30PM Staff Staff Staff Staff Staff Staff 9:45PM Cleaning Cleaning Cleaning Cleaning Cleaning Cleaning POOL FEES PROPOSED Resident Non-Resident t t < baa �w ; d" a �zs"3 a t ':` 'Z', : a z, Season Swim Passes*- Proposed Single(resident): N/A Single (non-resident): N/A Family of 4(resident): N/A Family of 4(non-resident): N/A Monthly Swim Passes* Single (resident): N/A Single (non-resident): N/A Family of 4(resident): N/A Family of 4(non-resident): N/A Replacement Pass N/A Notes: Open Swim: o During the daily Open Swim,the fee for admission for residents and non-residents is half the normal price for the final hour of open swim. Swimming Pool Code of Conduct o The normal swim season is from Memorial Day to Labor Day. o Rental applicants are required to provide all pertinent information relating to function at time of application. The deposit amount must be submitted with application before any party slot is reserved. All reservations must be made in person, no dates will be held without application and deposit. o Rental applicants are responsible for the behavior of all guests using the facility. o Renter of any facility of the City of Nederland Parks and Recreation Department must be on site at all times, otherwise deposit will be forfeited and the party will be asked to leave the premises. Renters will be asked to provide ID upon arrival. o No private parties are allowed during public swim hours. o Neither alcoholic nor tobacco products of any kind are allowed on premises,no exceptions.Smokers are required to be at least 50 feet from recreational facility entrances. o No glass containers of any sort, kind or variety allowed; no exceptions. o Public swim patrons are allowed to bring one hydrating-style beverages-such as bottled water,tap water in exercise-style personal drinking bottle, sports drinks, etc. -all of which are subject to pool management and staff inspection. o No outside food allowed, except for family night and private rental events or as allowed by pool staff. No cooking or open flame allowed on pool grounds or within 50 feet of facility entrances. A cooler fee of$10.00 may be assessed per day for patrons wishing to bring in outside food or drink. Coolers will be subject to staff inspection. o No re-entry-once a patron leaves the pool,they must pay another admission fee to re-enter. o One parent,grandparent,or guardian per family regardless whether a resident or non-resident may enter the facility free of charge to supervise their minor child(ren) if the parent, grandparent, or guardian shall not swim for any children ages six and older. Children five and younger must be accompanied by an adult in the water. If the parent, grandparent, or guardian who entered the facility free of charge leaves the facility,then they shall not be allowed re-entry without payment. o Patrons may be asked to leave if they do not adhere to the SOCIAL DISTANCING guidelines and rules posted at the Swimming Pool;no refunds will be given.