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November 16, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. November 16, 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. 12th Street, Nederland, Texas. See attached for quorum. This meeting was OPEN to in-person attendance by the public; however due to the spacing restrictions in the City Council Chamber, all attendees WORE A MASK in accordance with Governor Abbott's order. The City continued to provide citizens an alternative method to attend and participate in City Council meetings. Members of the public were able to participate remotely via Zoom Teleconferencing. 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 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 Neal and seconded by Councilmember Root to approve the Consent Agenda Items a-d as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. a. Minutes - October 26, 2020 regular meeting and October 12, 2020 special meeting b. October 2020 Departmental Reports c. Tax Assessor Collection Report - October 2020 d. Consider action declaring surplus computer equipment from the I.T. Department. 4. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Hollier to approve a request from the Nederland Independent School District to utilize the Nederland Recreation Center as a secondary evacuation location for Hillcrest Elementary School. MOTION CARRIED. Minutes Continued, November 16, 2020 Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Hollier to approve Resolution No. 2020-22, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the demolition of the structure at 1132 Nederland Avenue. 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 approve the 2021 Holiday Observances calendar. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Hollier to approve the Quarterly Investment Report from the Finance Department. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. e. Chris Duque, City Manager, said Kirk Leonard, 608 N. 23rd Street, provided comments last City Council meeting regarding the City's water leak adjustment policy. He detected a leak back in September and the issue was complicated by tree roots growing around the water cutoff value. His water meter was relocated and his water bill was adjusted using the leak adjustment prescribed by the water rate ordinance. Mr. Duque adding the following language to the existing water utility rate ordinance, as directed by City Council: Section 20. Adjustments. iv. In the event that water usage during the billing period exceeded 95,000 gallons and was the result of a tree root damaging the water meter or delaying the repair as determined by City Council action, the cost of water shall be adjusted by three-quarters (3/4) of the excess water usage based upon an average of six monthly bills during the previous six-month period; however, the adjusted bill shall not be less than $100. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. Any adjustments to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. A motion was made by Councilmember Neal and seconded by Councilmember Austin to amend Ordinance No. 2020-21, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. f. A motion was made by Councilmember Root and seconded by Councilmember Austin to approve Ordinance No. 2020-27, amending the fiscal year 2020-2021 budget. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Minutes Continued, November 16, 2020 g. A motion was made by Mayor Pro Tem Hollier and seconded by Councilmember Root to authorize the solicitation of bids for the South 14th Street Sanitary Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. h. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Neal to approve Resolution No. 2020-23, ratifying a Declaration of Disaster of Local State of Disaster in response to Hurricane Laura and consenting to continuation of the disaster declaration for a period of more than seven days. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. i. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Hollier to approve Resolution No. 2020-24, ratifying a Declaration of Disaster of Local State of Disaster in response to Hurricane Delta and consenting to continuation of the disaster declaration for a period of more than seven days. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. j. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Austin to amend Ordinance No. 2019-36, amending Appendix A - Zoning of the Code of Ordinances to extend the Food Truck Pilot Program that established regulations that will allow food trucks to operate within the city limits of Nederland in an orderly, safe, and healthful manner. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. k. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve Resolution No. 2020-25, declaring the donation of funds to the Nederland Independent School District serves a public purpose in support of the operations of NISD during a pandemic crisis. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. I. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Hollier to amend the Interlocal Agreements between the City of Nederland and the Nederland Independent School District for CRF funds. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. m. Chris Duque, City Manager, said he intended to discuss the next phase to reopening city buildings and facilities; however, due to the spike in number of positive COVID cases he suggested leaving everything as is until next City Council meeting. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: Minutes Continued, November 16, 2020 • Debris operations have been completed and normal trash operations resumed today. Mr. Duque thanked the contractor, city employees, city council and the public for supporting the debris clearing operation. • City Offices will be closed next Thursday and Friday in observance of Thanksgiving. • Next City Council meeting will be December 7th 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Neal to adjourn the meeting at 5:18 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. IIIII t14.4 4.7\ � :O'l Don Albanese, Mayor s. City of Nederland, Texas ATTEST: J`,_ . . // , A .y Fergu : , City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT\ ABSENT Don Albanese Mayor V u Talmadge Austin Council Member-Ward I N./ Billy Neal Council Member-Ward II Emmett Hollier Council Member-Ward III Vz Sylvia Root Council Member-Ward IV V Chris Duque CityManager V q Gay Ferguson City Clerk V Jesse Branick City Attorney V Cheryl Dowden Director of Finance Vz Gary Porter Police Chief vr / Terry Morton Fire Chief V Robert Woods Director of Public Works George Wheeler BuildingOfficial v Victoria Klehn Librarian \/ Holly Guidry Human Resources Director V Joni Underwood Executive Secretary V Angela Fanette Parks Director k D7i1 aeatft-r21 _____ Don Albanese, Mayor I 1 1,4172/ - Ea Y Fer - 9 u .n Cr'rC -rkU November 16, 2020 Date 4'SON cG ALLISON NATHAN GETZ w` : TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR {� 1� , ` * . CHIEF DEPUTY TEXAS STATE OF TEXAS COUNTY OF JEFFERSON I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and also,by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under oath, that this amount $318,752.53, represents all taxes collected for CITY OF NEDERLAND during the month of October 2020. Allison Nathan Getz, P.C.C. JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112 •BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 AMENDMENT TO ORDINANCE NO. 2020-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 2020-21, UTILITY RATES AND REGULATIONS; ADJUSTING ADJUSTMENTS AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, on August 24, 2020, the Nederland City Council approved Ordinance No. 2020-21 that established utility rates and regulations effective October 1, 2020. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, THAT: Section 1: The statements set out in the preamble to this Ordinance are true and correct; and Section 2: Ordinance No. 2020-21 is hereby revised with the following revisions: A. Section 20. Adjustments is amended with the renumbering of 4, 5, 6, and 7 to 5, 6, 7, and 8 and the addition of new #4 as follows: SECTION 20.Adjustments. 4. In the event that water usage during the billing period exceeded 95,000 gallons and was the result of a tree root damaging the water meter or delaying the repair as determined by City Council action,the cost of water shall be adjusted by three-quarters(3/4)of the excess water usage based upon an average of six monthly bills during the previous six-month period; however, the adjusted bill shall not be less than $100. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. 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 16TH day of NOVEMBER, 2020. dF 1`EOF,Q ', APPROVED: U )••• _ Gi .• Don Don Albanese,Mayor -4<c`; City of Nederland,Texas r„, OF ]E ..;,. ATTEST: . , .. .�/ .L.// Gay Fe uson,City'lerk City of Nederland APPROVED AS TO FORM AND LEGALITY: Jes - Br. i ,City Attorney Ci y of ederland,Texas ORDINANCE NO. 2020-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2020- 2021 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2020-22,which adopted the Fiscal Year 2020-2021 City Budget;and, WHEREAS, the City Council deems it necessary to amend the current budget to adjust revenues and expenditures as set out in Attachment"A"attached hereto;and, WHEREAS,the 2020-2021 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2021 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2020 and ending September 30,2021,and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council;and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2020-2021 is amended to allow for adjustments in revenues and expenditures as set out in Attachment"A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. QF 'NE.. -'• ...1I TING THIS THE 16th DAY OF NOVEMBER,2020. c'�:4 „iv.�„ P6,7i ..-•`g,.-30,•••(,.) Don Albanese,Mayor °,,,� �F EEFF' City of Nederland,Texas "ATT SiT. lij i 1.. 1A 0i1 ..0if ay Fergu 'n,City Clerk APPROVED AS TO FORM AND LEGALITY: 1i Jesse : , , ity Attorney 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2020-2021 DATE: November 16, 2020 DEPARTMENT: Various FUND: Dispatch (70), Library Special (21), Fire Special (24) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 70-0000-4700 Miscellaneous Revenue - 22,634 22,634 70-2100-6744 Miscellaneous Equipment - 22,634 22,634 21-5501-6393 Contractual Services 22,300 (6,990) 15,310 21-5501-6743 Furniture, Fixtures&Office Equipment - 6,990 6,990 24-2206-6265 Rescue Training 5,000 5,000 10,000 34-0000-6742 Motor Vehicles 458,000 43,008 501,008 TOTAL 485,300 93,276 578,576 JUSTIFICATION In the Dispatch Fund, $22,634 is allocated to purchase equipment for Central Dispatch; the purchase cost shall be reimbursed by the SETX Regional Planning Commission. In the Library Special Fund, funds are transferred for a capital purchase. In the Fire Special Fund, unspent funds from last FY are reallocated for this year(SCBA). In the Equipment Replacement Fund, a carryover purchase is added to this year's budget. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of RESOLUTION NO. 2020-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS EXTENDING THE DISASTER DECLARATION ISSUED BY MAYOR ALBANESE ON AUGUST 24, 2020 IN RESPONSE TO HURRICANE LAURA WHEREAS,the City of Nederland,Texas has been impacted by Hurricane Laura;and WHEREAS,on August 24, 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 Resolutions No.2020-18 and No.2020-19 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 effects of Hurricane Laura 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 August 24, 2020, shall be extended by the City Council of the City of Nederland effective December 1, 2020 through December 31, 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. ",,"N' '., o` F E�AND APPROVED by the Nederland City Council this the 16TH day of NOVEMBER,2020. ▪v:iii ` r��. ▪ 4,rk�Qili ,re :fid' A0/1_1(&eleWAS oof OF ]EPIC, Don Albanese, Mayor City of Nederland, Texas ATTEST: tdrA/ lay Fergus n, City Cler APPROVED AS TO FORM AND LEGALITY: Jes-- i , City Attorney RESOLUTION NO. 2020-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS EXTENDING THE DISASTER DECLARATION ISSUED BY MAYOR ALBANESE ON OCTOBER 9, 2020 IN RESPONSE TO HURRICANE DELTA WHEREAS,the City of Nederland,Texas has been impacted by Hurricane Delta;and WHEREAS,on October 9,2020, 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 Resolutions No.2020-20 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 effects of Hurricane Laura 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 October 9, 2020, shall be extended by the City Council of the City of Nederland effective November 17, 2020 through December 16, 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. "0�.�. ED AND APPROVED by the Nederland City Council this the 16TH day of NOVEMBER,2020. F ' Peru -,,-„- •.... ���, Don Albanese, Mayor JEFF `, City of Nederland, Texas ATTEST: 1,4 I..�, INA_141.4,.4.4 ay Fergu!on, City Cle APPROVED AS TO FORM AND LEGALITY: Jess- i , City Attorney AMENDMENT TO ORDINANCE NO. 2019-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 2019-36, THAT AMENDED APPEX A OF THE CODE OF ORDINANCES PROVIDING THE ZONING REGULATIONS OF A "FOOD TRUCK PILOT PROGRAM; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, on December 16, 2019, the Nederland City Council approved Ordinance No. 2019-36 that established a"Food Truck Pilot Program"for a period of 12 months. WHEREAS, the "Food Truck Pilot Program" 12-month period has been hampered by the COVID-19 pandemic and other disasters meriting a term extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1: The statements set out in the preamble to this Ordinance are true and correct; and Section 2: Ordinance No. 2019-36 is hereby revised with the following revision: A. Section 4 is amended to read as follows: SECTION 4. The Ordinance shall be effective on January 1,2020. The Food Truck Pilot Program term is 24 months(January 1,2020 until December 31,2021). 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 16TH day of NOVEMBER, 2020. APPROVED: , ED _`�• �y -4..-o--,..,, 4. .. `��• I'' '�'- Don Mayorp_/ ‘110 =moo'• •,,44„/e/ �'Z� City of Nederland,Texas 1 i1a�..‘ ..01 /I 61 . ay Fergus el,City Clerk 1 City of Nederland APPROVED AS TO FORM AND LEGALITY: Jenick,City Attorney ipC' • Nederland,Texas 1 RESOLUTION NO. 2020-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS DETERMINING THAT THE DONATION OF FUNDS TO THE NEDERLAND INDEPENDENT SCHOOL DISTRICT SERVES A PUBLIC PURPOSE AND MAKING RELATED FINDINGS WHEREAS,the City finds that the expenditure of public funds in support of the operations of the Nederland Independent School District (NISD) accomplishes a valid public purpose of protecting the Nederland and Jefferson County economy and the economic welfare of the residents of Nederland and of Jefferson County;and WHEREAS, the City finds that the COVID-19 pandemic has created extraordinary conditions necessitating NISD to develop telework and remote learning mechanisms in place for NISD employees and students;and WHEREAS, the donation of funds will be utilized to reimburse NISD for telework and remote learning-related expenditures. NOW,THERFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: SECTION 1. The statements set out in the preamble to this Ordinance are true and correct. SECTION 2. 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. PASSED AND APPROVED this the 16TH day of NOVEMBER,2020. `\�uu uu ngtrrrr� F NEDF'° y .��,; on Albanese,Mayor ATTEST ""` t) ,10Ei4 i4?�- Gay Fergu'Son,City Cle APPROVED AS TO FORM AND LEGALITY: Jes-- Braniff,City Attorney Ci y of N-•erland,Texas