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February 22, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P_rrm_ February 22, 2021 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: "PIJRS IIANT TO SECTION 30_07, PENAL CODE TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED FiANDGl1N), 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 Emmett Horner, Mayor Pro Tem. 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 Austin to approve the Consent Agenda Items a-c as presented. MOTION CARRIED_ Ayes: Mayor Albanese, Counci!members Austin, Neal, Hollier, and Root. Noes: None. a. Minutes - February 8, 2021 regular meeting b. January 2021 departmental Reports c. Tax Assessor Collection Report - January 2021 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tem Hollier and seconded by Councilmember Neal to approve a proclamation recognizing Jefferson County Commissioner Brent Weaver. MOTION CARRIED_ Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Minutes Continued, February 22, 2021 b. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Hollier to authorize the solicitation of bids for water inventory items. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. c. A motion was made by Councilmember Root and seconded by Councilmember Neal to approve a master agreement and engagement letter with Gabriel, Roeder, Smith & Company for GASB 75 OPED Valuation. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. d. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Hollier to approve Resolution No. 2021-07, authorizing the submittal of a State Homeland Security Program grant application to the Office of the Governor, Homeland Security Grants Division. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. e. A motion was made by Councilmember Neal and seconded by Councilmember Austin to receive the Racial Profiling Report from the Nederland Police Department in accordance with Article 2.132(b)(7) of the Texas Code of Criminal Procedures. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. f. Chris Duque, City Manager, recommended moving forward with the Re-opening City Buildings and Return to Services Plan. He said the next step for the Library will be to increase capacity from 10 to 25 patrons and to extend hours to the public. He also recommended opening City Council meetings back up to the public beginning on March 8th. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Austin to increase capacity at the Library to 25 patrons, extend hours to original operating hours, and open City Council meetings to the public beginning March 8th. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. g. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Hollier to extend the City of Nederland Pandemic Leave Policy until March 31, 2021. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. h. A motion was made by Councilmember Neal and seconded by Councilmember Root to approve Resolution No. 2021-04, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to the purchase of 1215/1217 Boston Avenue. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root. Noes: Councilmember Austin. Minutes Continued, February 22, 2021 i. Kay DeCuir, Executive Director of the Nederland Economic Development Corporation, gave an update on the airport development, the Villa Motel demolition and the Boston Avenue Arch project. • The County has entered into lease agreements with Henry LaBrie for property near the airport near the frontage road between Jerry Ware and the airport road. Ms. DeCuir stated GLOW is still interested in the development but there have been numerous roadblocks. The Nederland Economic Development Board of Directors will meet Wednesday and discuss whether to proceed or not with the project. • Total Safety did a survey at the Villa Motel and found asbestos in the tile. Bids have been received and the Board of Directors will meet Wednesday to consider an award for the removal of asbestos. After all asbestos has been removed, the demolition can proceed. • The Arch groundbreaking was planned for last week and the weather prevented that from happening. Ground breaking is rescheduled for end of this week or beginning of next week. A pre-construction conference is being scheduled. No action was necessary. j. Chris Duque, City Manager, stated at the January 25th City Council meeting, it was requested an item be placed on the agenda to discuss allowing side by side, all- terrain and other off-road vehicles on city streets. During the 2019 legislative session, the State Legislature amended state law regarding off-highway vehicles which covers a wide variety of vehicles (Chapter 551A of the Transportation Code). Section 551A.053 prescribes the governing body of a municipality may allow the operation of an off-highway vehicle in the corporate boundaries of a municipality, and Section 551A.054 prescribes a municipality may prohibit the operation of these vehicles if the governing body of the municipality determines the prohibition is necessary in the interest of safety. The requirements for operation on city streets would include: • On streets with posted speed limit of not more than 35 mph; • A brake system maintained in good operation condition; • An adequate muffler system in good working condition; • A United States Forest Service qualified spark arrester; • Display a lighted headlight and taillight during the period from one-half hour after sunset to one-half hour before sunrise and at any time visibility is reduced because of insufficient light or atmospheric conditions; • The vehicle exhaust system cannot have been modified with a cutout, bypass, or similar device; • The sparkplug arrester cannot have been removed or modified; • Display an OFF-HIGHWAY VEHICLE LICENSE PLATE; • Display a slow-moving vehicle if operating at speeds of 25 mph or less. Mr. Duque asked for input from anyone who may be attending the meeting by Zoom. There was no response. Lance Howell provided a letter of support to allow off-highway vehicles on city streets which was handed out to each Councilmember prior to the meeting beginning. Councilmember Neal spoke in favor of the issue. Mayor Albanese asked for comments from Police Chief Porter. Chief Porter said he has spent a great deal of time researching off-highway vehicles on city streets. He said after reading manufacturer's operating manuals, he could Minutes Continued, February 22, 2021 not in good faith recommend approval. All operating manuals stated these vehicles are not made for hard surfaces such as city streets. These vehicles are not designed, designated, or tested for travel on city streets and are contrary to the U. S. Department of Transportation Federal Motor Vehicles Safety Standards. Mr. Duque noted two lobbying groups that represent the manufacturers of these type of vehicles and they are taking positions against on-highway use of the vehicles. No action was necessary. 5. COMMUNICATION City Manager's Report: a. Miscellaneous: • Fire truck display will be Friday at 9:00 a.m. • March 8th council meeting will include an overview of the winter storm and water issues that arose. • Mr. Duque thanked all the emergency management team, the water treatment plant employees, and all public works employees for their efforts during the winter storm. 6. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded by Councilmember Austin to adjourn the meeting at 6:01 p.m. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. \`\ NEDep''%'' &t4 - -iW �• � Q'; Don Albanese, Mayor U \4 �� a1 ; = City of Nederland, Texas IVO 4 V / \ ATTEST: y Fergugbn, City Clef ' w� City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESET 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 V/ Chris Duque City Manager v Gay Ferguson City Clerk V Jesse Branick City Attorney / Cheryl Dowden Director of Finance V Gary Porter Police Chief Terry Morton Fire Chief V Robert Woods Director of Public Works V George Wheeler Building Official Victoria Klehn Librarian 1/ Holly Guidry Human Resources Director v Joni Underwood Executive Secretary V Angela Fanette Parks Director N/. Ceti addxS2A-Q../ Don Albanese, Mayor Ai, // 11 , G.y _ Ferguso l City C erk i February 22, 2021 Date I ALLISON NATHAN GETZ !;' • 1, q•�', TERRY WUENSCHEL TAX ASSESSOR-COLLECTOR • >y CHIEF DEPUTY 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 $2,148,905.38, represents all taxes collected for CITY OF NEDERLAND during the month of January 2021. 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 RESOLUTION NO. 2021-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMITTAL OF A STATE HOMELAND SECURITY PROGRAM GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY GRANTS DIVISION WHEREAS, the South East Texas Regional Planning Commission Emergency Management Planning Advisory Committee (EMPAC) historically has determined this project to be a high priority activity in the region; and WHEREAS, the EMPAC sees the value in setting aside additional planning grant funds to fund the City of Nederland, Texas staff activities that support local jurisdictions in the region; and WHEREAS, the EMPAC approved the additional planning grant funds for the City of Nederland staff for the sole purpose of regional planning performed on behalf of local jurisdictions; WHEREAS, the Nederland City Council deems it necessary to apply for SHSP grant funds for the Nederland Fire Department Emergency Interoperable Communications Sustainability project. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: Section 1. The Nederland Fire Department is authorized to submit a State Homeland Security Program grant application in the amount of $9,276.50. Section 2. These funds will be allocated for the Nederland Fire Department Emergency Interoperable Communications Sustainability project, which will purchase two (2) new portable 800mhz radios and accessories. Section 3. The City of Nederland agrees to allocate necessary matching funds and in the event of loss or misuse of grant funds, shall return all grant funds to HSGD. • Section 4. The City Manager is authorized to apply for, accept, reject, alter or terminate this grant. `���,,,��i,SSED AND APPROVED by the City Council of the City of Nederland this the ,Z0f ,February 2020. ' .4.. v:its% = q)•2 _ es.,.., 41 r% acv= o•:-- .• til •'oma Don Albanese, Mayor -Pi.• . -- City of Nederland, Texas pct -acp/L., , Gay FergusCity Clerk APPROVED AS TO FORM AND LEGALITY: • - i r C -i ]es ity Attorney , 1 RESOLUTION NO. 2021-04 A RESOLUTION OF THE NEDERLAND CITY COUNCIL 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 acquisition of 1215/1217 Boston Avenue in an aggregate maximum amount of not more than Two Hundred Thirty Thousand dollars ($230,000.00), 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 COUNCIL OF THE CITY OF NFp RILJD,TEXAS this the 8th day of FEBRUARY.2021 at which meeting a quorum was present E 400 z Pakt-4ker-05et9 ��` l X00 . �,o Lam:O=1, Don Albanese,Mayor .... ,.;z•� ,, City of Nederland,Texas , )1 714-0A_ Gay FergusCity Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jes - Bra iy.,City Attorney y of ederland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this the 22ND day of FEBRUARY, 2021 at which meeting a quorum was present and voting. .7.-t."--t. 01914 aggrx.-kaAA--• '��',r ' ���_ Don Albanese,Mayor •i '/ ���;z= City of Nederland,Texas '��''__,,rr„„ F 1,„ `` pa1 ' v Fergus i,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: c Jesse 'ranic , y Attorney City .' N-,-r and,Texas