December 14, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 P_rrm_ December 14, 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 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 (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 Root and seconded by Mayor Pro Tem Hollier
to approve the Consent Agenda Items a-b as presented. MOTION CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
a. Minutes - December 7, 2020 regular meeting
b. November 2020 Departmental Reports
4_ REGULAR AGENIDA
a. 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, Neal, Hollier, and Root.
Noes: None.
Minutes Continued, December 14, 2020
b. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Resolution No. 2020-27, ratifying a Declaration of Disaster of Local
State of Disaster in response to Hurricane Laura and consenting to continuation of
the disaster for a period of more than seven days. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
c. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Hollier to approve Resolution No. 2020-28, 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.
d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Hollier to approve Resolution No. 2020-29, ratifying a Declaration of Disaster 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.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Root to approve Resolution No. 2020-30, ratifying a Declaration of Disaster 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.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
f. Chris Duque, City Manager, said there was no staff recommendation to revise
current levels of operation.
5. COMMUNICATION
City Manager's Report:
• Rob Woods gave a brief construction update:
Contractor will pour concrete on the driveway accesses and second
phase of the project to serve the parking lot by Public Safety Complex
this week weather permitting;
Bourque Hodgson Project, contractor will pour the next roadway
segment later this week. Project is approximately 60% complete on
Bourque Road segment;
Hodgson Lift Station Project, the wet well lining is complete and
delivery, of the pumps, is expected toward the latter part of December
or first part of January;
All city trash trucks and garbage trucks are back in service.
Minutes Continued, December 14, 2020
• City Offices closed on Thursday, Dec. 24th, Friday, Dec. 25th, and Friday,
Jan ist. Garbage service will run as normal the weeks of Christmas and New
Year's.
• Dumpsters will be set out December 26th
• A Blood Drive and Be the Match Drive will be held at City Hall in the morning.
• The Police and Fire Departments will be escorting/driving Santa around
Nederland on Monday and Tuesday of next week from 6:00 p.m. - 8:00
p.m.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Root to adjourn the meeting at 5:04 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
//�
OF Airy
O �
NE - •
- • 'Q Don A anese, Mayor
;� � _ City of Nederland, Texas
/Ill 111 111111\\\\\\
ATTEST:
, IA /A.
• ay Fergus n,Ci "C -rk
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 /
Billy Neal Council Member-Ward II V
Emmett Hollier Council Member-Ward III V
Sylvia Root Council Member-Ward IV
Chris Duque City Manager V
Gay Ferguson City Clerk v
Jesse Branick City Attorney v
Cheryl Dowden Director of Finance V
-Gary-PoiteriVy Arlidcl Police Chief V
Terry Morton Fire Chief V
Robert Woods Director of Public Works V
George Wheeler • Building Official V
Victoria Klehn Librarian V
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary V
Angela Fanette Parks Director
0 f Aar ,//,. ,
1•n Albanese, Mayor
..l . // /1 . %/1L
ay Fergu-7 n, City Clerk
December 14, 2020
Date
I
RESOLUTION NO. 2020-26
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND RATIFYING
THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT
CORPORATION IN REGARD TO THE
NEDERLAND GATEWAY ARCH FOR
BOSTON AVENUE
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 construction of the Nederland Gateway
Arch for Boston Avenue in an aggregate maximum amount of not more than
one hundred seventy-nine thousand and two hundred dollars ($179,200.00).
PASSED AND APPROVED ON THE FIRST READING BY THE CITY
C9,I,MNcIL OF THE CITY OF NEDERLAND, TEXAS this 7th day of December ,
A�ZO t�iy(A7jch meeting a quorum was present and voting.
E ief*
G• t;., r, �� #/ado , •
on
� iAlb.nese, Mayor
aOF jFFF�GQ,` City of Nederland, Texas
rrEtTiwox--
ay Ferg ton, City Clerk
City of Nederland, Texas
0111111111111///,
- :t"-40 : E
APPROVED AS TO FORM AND LEGALITY:
Jesse :ran;, , City Attorney
City of N-:erland, Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND, TEXAS this day of ,
2020 at which meeting a quorum was present and voting.
D4)'lAlbanese, Mayor
lgf--424°4"-P---
City of Nederland, Texas
ATTEST:
PCUel4VdtAA..,
Fer Cer
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
uirti%/e---
Je e Br. , City Attorney
C y o ederland, Texas
1
RESOLUTION NO. 2020-27
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,No.2020-19,and No.2020-
22 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 January 1, 2021 through January 31, 2021 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.
PASSED AND APPROVED by the Nederland City Council this the 14T"day of DECEMBER.2020.
�f• 1 : '4' Don Albanese, Mayor
'cc0��,.�'� City of Nederland, Texas
A F
a'
ay Fergu on, City Clerk .
APPROVED AS TO FORM AND LEGALITY:
Jess- c , City Attorney
RESOLUTION NO. 2020-28
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 and No.2020-23 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 December 17,2020 through January 16,2021 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.
PASSED AND APPROVED by the Nederland City Council this the 14TH day of DECEMBER,2020.
of
``\auuuuuu „���NF
=G::wit) /l Don Albanese, Mayor
�' • City of Nederland, Texas
ht A4 V IA/ Ad
gay Fergu•'.n, City Cle
APPROVED AS TO FORM AND LEGALITY:
� A
Jess- Brani' City Attorney
RESOLUTION NO. 2020-29
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, No. 2020-04, No. 2020-06,
No.2020-09, No.2020-12, No.2020-14,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 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
October 24,2020,shall be extended by the City Council of the City of Nederland
though December 13, 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.
PASSED AND APPROVED by the Nederland City Council this the 14TH day of DECEMBER.2020.
„uu uu,,
•\\"0" 11
\\''0NED,F, '
oa
4 N10.1 Peri ar-Q444314-e---'
o*.,44. .,1 _s Don Albanese, Mayor
a-1 I T E.``‹.R.-e City of Nederland, Texas
�it�' i1 /1_11 . 4/ 1 A
ay Ferg'son, City Cie k
APPROVED AS TO FORM AND LEGALITY:
h, - , .,_.` (_______--
Je ,, k1 , City Attorney
s-
1
RESOLUTION NO. 2020-30
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, No. 2020-04, No. 2020-06,
No.2020-09,No.2020-12,No.2020-14,No.2020-19,and No.2020-29 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
December 14,2020,shall be extended by the City Council of the City of Nederland
though January 14, 2021 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.
PASSED AND APPROVED by the Nederland City Council this the 14TH day of DECEMBER.2020.
an EPO :0 Don Albanese, Mayor
G' H ;; � City of Nederland, Texas
la A
Gay Ferguson, City CI-dk
APPROVED AS TO FORM AND LEGALITY:
Je:se Bran' . City Attorney