December 7, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p_m_ December 7, 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. 12"' 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:
"PURSUANT TO SECTION 30_07, PENAL CODE cTRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANUGUN3, A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 4I. GOVERNMENT CODE (HANOGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY."
2. INVOCATION AMC, PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Emmett Hollier, Councilmember
Ward III.
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 councilmen-ober 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 Austin
to approve the Consent Agenda Items a-b as presented. MOTION CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Noes: None.
Absent: Councilmember Neal.
a. Minutes - November 16, 2020 regular meeting
b. Consider action approving a request from the Nederland Rotary Club to utilize
C000rnbos Park for the annual Hooked on Fishing, Not on Orugs (1-10FN00) event.
Minutes Continued, December 7, 2020
4. REGULAR AGENDA
a. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Hollier to accept the quarterly Hotel Occupancy Tax Fund financial report from the
Nederland Chamber of Commerce. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Noes: None.
Absent: Councilmember Neal.
b. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Hollier to approve Ordinance No. 2020-28, denying the distribution cost recovery
factor rate increase request of Entergy Texas, Inc. filed on October 22, 2020.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Noes: None.
Absent: Councilmember Neal.
c. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Austin to approve the renewal of the City of Nederland Premium Conversion and
Health Saving Account Contribution Plan. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Noes: None.
Absent: Councilmember Neal.
d. Chris Duque, City Manager, reported bids were opened on November 11, 2020 for
the rehabilitation of two elevated water storage tanks, one on Canal Avenue and
the other on Avenue G. After review of all bids received, it was determined the
lowest bidder did not demonstrate the experience and capabilities required for this
project. Mr. Duque recommended the bid be awarded to the next lowest bidder,
Viking Industrial Painting.
Mr. Duque asked if the lowest bidder was on the call to make an appeal of his
recommendation. There were two opportunities given for an appeal and there was
no response.
A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Austin to award a bid, in the amount of $787,700 to Viking Industrial Painting, for
the Canal Avenue Elevated Water Storage Tank and Avenue G Elevated Water
Storage Tank Rehabilitation project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Noes: None.
Absent: Councilmember Neal
e. A motion was made by Mayor Pro Tem Hollier and seconded by Councilmember
Root to approve an agreement with Port Arthur Terminal, LLC in regard to the
damage and repair of City streets pending legal review and final approval.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Noes: None.
Absent: Councilmember Neal.
f. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Root to approve Resolution No. 2020-22, ratifying the action of the Nederland
Minutes Continued, December 7, 2020
Economic Development Corporation Board of Directors related to the demolition of
the structure at 1132 Nederland Avenue. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Noes: None.
Absent: Councilmember Neal.
g. A motion was made by Mayor Pro Tem Hollier and seconded by Councilmember
Austin to approve Resolution No. 2020-26, ratifying the action of the Nederland
Economic Development Corporation Board of Directors related to the Nederland
Gateway Arch for Boston Avenue. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Noes: None.
Absent: Councilmember Neal.
h. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Hollier to appoint Bret Duplant to the Nederland Economic Development
Corporation for a term ending September 30, 2022. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Noes: None.
Absent: Councilmember Neal.
i. Chris Duque, City Manager, recommended maintaining the Library hours of
operation as they are and reopening the Recreation Center for a period of 4 hours
a day Monday through Friday. The Recreation Center would begin opening on
December 14, 2020 with safety protocols in place.
A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Root to reopen the Recreation Center for no more than 4 hours a day, Monday
through Friday. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmember Austin, Hollier, and Root
Nones: None.
Absent: Councilmember Neal.
5. EXECUTIVE SESSION
Mayor Albanese announced the Executive Session was not needed.
6. COMMUNICATION
City Manager's Report:
• Next City Council meeting will be held on December 14th
• Tomorrow evening is the EDC Golf Cart Caravan
• Christmas Tree and Windmill lights are on at Tex Ritter Park
7. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Root to adjourn the meeting at 5:35 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Hollier, and Root.
Minutes Continued, December 7, 2020
Noes: None.
Absent: Councilmember Neal.
Al4614s2-49----
n Albanese, Mayor
City of Nederland, Texas
ATTEST:
vim . . iy /A /ALAI
ay Eerg 1.n, ity Clerk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENTV
ABSENT
Don Albanese Mayor
Talmadge Austin Council Member—Ward I V
Billy Neal Council Member—Ward II V
Emmett Hollier Council Member—Ward III V
Sylvia Root Council Member—Ward IV 1,/
Chris Duque City Manager
Gay Ferguson City Clerk V
Jesse Branick City Attorney i7.
Cheryl Dowden Director of Finance V
Gary Porter Police Chief V
Terry Morton Fire Chief v
Robert Woods Director of Public Works V
George Wheeler Building Official v
Victoria Klehn Librarian
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary
Angela Fanette Parks Director V
0, 0...i 4,1// •
Albanese,. ayor
ii //// ///4
t o Ferg 7.n7 i C r / ' '
December 7, 2020
Date
ORDINANCE NO. 2020-28
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS ("CITY")
DENYING THE DISTRIBUTION COST
RECOVERY FACTOR RATE INCREASE REQUEST
OF ENTERGY TEXAS, INC. FILED ON OCTOBER
22, 2020; SETTING JUST AND REASONABLE
RATES FOR ENTERGY TEXAS, INC. FOR
SERVICE WITHIN THE MUNICIPAL LIMITS;
FINDING THAT THE MEETING COMPLIES
WITH THE OPEN MEETINGS ACT; MAKING
OTHER FINDINGS
WHEREAS,on or about October 22,2020, Entergy Texas, Inc. ("Entergy")filed an
Application to Amend its Distribution Cost Recovery Factor ("DCRF") with the City to
increase electric rates by amending its DCRF rider pursuant to Public Utility Regulatory
Act("PURA")Section 36.210;and
WHEREAS,the City has exclusive original jurisdiction over the rates, operations,
and services of an electric utility within its municipal limits pursuant to PURA Section
33.001(a);and
WHEREAS, the jurisdictional deadline for the City to act in this rate matter is
December 21,2020;and
WHEREAS, Entergy's existing DCRF rider is set to collect approximately $19.5
million per year;and
WHEREAS, Entergy's proposed amended Distribution Cost Recovery Factor rider
would increase customer rates in the Entergy Service Area by approximately$6.8 million
per year,for a total of$26.3 million per year;and
WHEREAS,the City retained the Lawton Law Firm, P.C.to review the Company's
rate request and make necessary rate recommendations to the City;and
WHEREAS, the Lawton Law Firm has recommended that the City deny the
Company's request to amend its Distribution Cost Recovery Factor.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:
Section 1. That the statement and findings set out in the preamble to this
Ordinance are hereby in all things approved and adopted.
Section 2. The City of Nederland hereby denies Entergy's request to amend
its Distribution Cost Recovery Factor in total.
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 7TH day of DECEMBER,2020.
\\\\\111111111111„0////
Q( ct4) �i O; Don Albanese,Mayor
� City of Nederland,Texas
AT1 ST?"'
J2 ?Ferg on,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse :rani. , y Attorney
City of -derland,Texas
RESOLUTION NO. 2020-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND 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 the demolition of the structure at 1132
Nederland Avenue in an aggregate maximum amount of not more than thirty-
one thousand, eight hundred and fifty-eight dollars ($31,858.00), 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
cO.Uti IL OF THE CITY OF NEDERLAND, TEXAS this 16th day of November ,
<2pl �iich meeting a quorum was present and voting.
t:�4i o
, 'c��. on Albanese, Mayor
/OF '1F-1,0 s° City of Nederland, Texas
°ATTES' :
i //
ay Fergu/•n,City Cle
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse Br.ni ,, City
Cit of kiederland, Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 'l14Lday of -Penh-€K,
„0� � , t which meeting a quorum was present and voting.
:. i o J .. AP
` Don Albanese, Mayor
...• ��C., City of Nederland, Texas
„O F 'E'„ °°
d't1 ST:
y.� . ! VJ/ ,L Ai/A.
ay Ferg loon, City Cle
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Je =e Br. ick, City Attorney
y of .ederland, Texas