March 8, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEOERLANO
4:30 P.m. Marsh 8, 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 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:
"PIJRSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIEC* HANOG IJN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE CHANOGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED.
OPENLY_"
2_ INVOCATION ANC* PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk.
3. CQNSENT ^GENOA - 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 Austin and seconded by Mayor Pro Tem Hollier
to approve the Consent Agenda Item "a" as presented. MOTION CARRIEC*_
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Horner, and Root.
Noes: None.
a. Minutes - February 22, 2021 regular meeting
4. REGULAR AGENDA
a. A motion was made by Councilmember Root and seconded by Mayor Pro Tem
Hollier to accept the quarterly Hotel Occupancy Tax Fund Financial Report from the
Chamber of Commerce. MOTION CARR-IEC*.
Minutes Continued, March 8, 2021
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
b. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve Resolution No. 2021-08, 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.
c. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Root to approve Resolution No. 2021-09, ratifying a Declaration of Disaster of Local
State 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 thirty days. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Councilmember Root and seconded by Councilmember
Austin to approve Resolution No. 2021-10, ratifying a Declaration of Disaster of
Local State of Disaster in response to the February 2021 Winter Storms 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. Chris Duque, City Manager, recommended increasing capacity at the Recreation
Center to up to 4 people at the racquetball courts, up to 10 people at the basketball
court, and up to 8 people in the game room. He also recommended continuing to
fence off access to the pavilions to avoid large gatherings. The outdoor restroom
at Doornbos Park will be open but only cleaned once a day.
Mr. Duque reported Governor Abbott issued Executive Order 34 which removes the
state-wide mask mandate and eliminate limited capacity thresholds at businesses
effective March 10th. This Executive Order does not preclude a business or other
establishment from requiring employees or customers to follow additional hygiene
measures, including wearing a face covering and does not restrict a municipality
from exercising safety measures at its buildings and facilities. Mr. Duque
recommended COVID-19 safety measures to remain in place at city buildings and
facilities. In the case a patron chooses not to wear a mask, there are alternative
methods to still provide services.
A motion was made by Councilmember Root and seconded by Councilmember
Austin to increase capacity at the Recreation Center to up to 4 people at the
racquetball courts, up to 10 people at the basketball court, and up to 8 people in
the game room; and to keep COVID-19 safety protocols in place effective March
10th in all city buildings and facilities. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
f. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve Resolution No. 2021-11, ratifying the action of the Nederland
Minutes Continued, March 8, 2021
Economic Development Corporation Board of Directors related to the asbestos
abatement of the structure at 1132 Nederland Avenue. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
g. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve the Five-Year Capital Improvement Program 2020-2025.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root.
Noes: Councilmember Austin.
h. Chris Duque, City Manager, gave a brief report on the winter storm which began
on February 14th. Entergy experienced power generation issues that necessitated
the power outages or rolling blackouts. Mr. Duque said although there is room for
improvement, he commended Entergy for their prompt responses to the electrical
grid issue.
Mr. Duque said the water treatment and pumping capacity is 7.49 million gallons
per day and the city maintains two storage tanks with a capacity of 2.5 million
gallons, and also maintains 3 elevated water storage tanks with a capacity of 1.4
million gallons. He said a boil water notice was issued on Feb. 16th and rescinded
on Feb. 21St. The loss of water pressure was due to a high number of water line
leaks combined with water use (dripping of faucets) during the hard freeze nights.
Mr. Duque recognized all public works employees who worked in miserable
conditions.
i. A motion was made by Mayor Pro Tern Hollier 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.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• A virtual town hall meeting will be held on Monday, March 15th at 6:00
p.m.
• Mr. Duque revealed artwork proposed for the Avenue G elevated water
tower.
• Gay Ferguson, City Clerk, explained a proposed grant application for
income-eligible households who are impacted by COVID-19, and of need
of assistance with their mortgage payment to ensure housing stability.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Austin to adjourn the meeting at 5:31 p.m. MOTION
CARRIED.
Minutes Continued, March 8, 2021
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor VzTalmadge Austin Council Member-Ward I
Billy Neal Council Member-Ward II
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 V
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 NZ
Holly Guidry Human Resources Director v
Joni Underwood Executive Secretary V
An9ela Fanette Parks Director
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D n Albanese, Mayor
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March 8, 2021
Date
RESOLUTION NO. 2021-08
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,No.2020-23, No.2020-28,
No. 2021-02, and No. 2021-03 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 March 20, 2021 through April 19, 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 8th day of MARCH,2021.
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APPROVED AS TO FORM AND LEGALITY:
Jesse = , City Attorney
RESOLUTION NO. 2021-09
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, No.2020-04, No. 2020-06,
No.2020-09,No.2020-12,No.2020-14,No.2020-19,No.2020-29,No.2020-30,No.2021-03,and No.
2021-05 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
effective March 17, 2021 through April 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.
\`\```otoFA�TSED AND APPROVED by the Nederland City Council this the 22ND day of FEBRUARY,2021.
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APPROVED AS TO FORM AND LEGALITY:
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RESOLUTION NO. 2021-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS EXTENDING THE DISASTER
DECLARATION ISSUED BY MAYOR ALBANESE ON
FEBRUARY 14, 2021 IN RESPONSE TO FEBRUARY 2021
WINTER STORMS
WHEREAS, the City of Nederland, Texas has been impacted by the February 2021 Winter
Storms;and
WHEREAS,on February 14,2021,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 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 the February 2021 Winter Storms 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
February 14,2021,shall be extended by the City Council of the City of Nederland
effective February 22, 2021 through March 22, 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 8TH day of MARCH,2021.
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APPROVED AS TO FORM AND LEGALITY:
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Jess= = ity Attorney
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; and
WHEREAS, Mayor Albanese executed a Declaration of Disaster for the
February 2021 Winter Storms that impacted the Southeast Texas area, impacting the
water lines of many Nederland utility customers; and
WHEREAS, the Nederland City Council determines it is in the best interest of
the community to provide additional utility bill relief.
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 to read as follows:
SECTION 20.Adjustments.
1. The City Manager and/or his/her designee shall be empowered to make adjustments
on utility bills when an investigation reveals that the meter charges are excessive in
comparison to previous billings due to inadvertent misfortune or inadvertent damage
to a customer's pipes and plumbing.Customer must provide an invoice or receipt as
proof that the leak has been repaired before issuance of adjustment.
2. Any adjustments made to the utility bill shall be made to the cost for sewer service,
including base rate and maintenance fee.An adjustment will be made based upon an
average of six monthly bills during the previous six-month period.
3. In the event that water usage during the billing period exceeded 50,000 gallons,the
cost of water shall be adjusted by one-third (1/3) of the excess water usage based
upon an average of six monthly bills during the previous six-month period. 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.
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.
5. In no case shall a sewer adjustment be granted if the CITY notified the customer of a
potential water leak on his/her property.
6. Sewer adjustments will be limited to one per 12-month period. Sewer adjustments
shall not exceed$2,500 unless approved by the City Council.
7. A sewer adjustment will be granted the first time a swimming pool is filled upon
construction. To be eligible for an adjustment, the customer must have a Building
Permit issued by the City of Nederland Inspections Department.
8. Any suspected billing errors should be reported to the Billing & Collections
Department when the billing error is discovered. If a billing error did occur, an
adjustment will be calculated to correct the error. However, adjustments will be
limited to the previous twelve months billing and require the city manager's approval.
9. Due to the February 2021 Winter Storms,the cost of water shall be adjusted by one-
third (1/3) of the excess water usage based upon an average of six monthly bills
during the previous six-month period on utility bills that include the period between
February 14th and February 19th. This adjustment shall apply to all customers,not
just those who averaged less than 50,000 gallons based upon an average of the
preceding 12 months or those whose water usage exceeded 50,000 gallons. For utility
customers whose account is in the name of a senior citizen(65 years and older),a
disabled person, or a person residing in a low-income household and averages no
more than 4,000 gallons a month based upon an average of the preceding 12 months,
the cost of water shall be adjusted by one-half(1/2)of the excess water usage based
upon an average of six monthly bills during the previous six-month period. The City
Manager is authorized to develop the mechanism to confirm a customer meets the
senior citizen,disabled person,or low-income household criteria;the City Manager's
determination is final. An adjustment would also be made to the utility bill via the
cost for sewer service,including base rate and maintenance fee.An adjustment will
be made based upon an average of six monthly bills during the previous six-month
period. Finally, 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.
The City Manager shall make this determination, and the City Manager's
determination is final.
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 8TH day of MARCH, 2021.
APPROVED:
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City of Nederland
APPROVED AS TO FORM AND LEGALITY:
J= se Br. ' ,City Attorney
ity • erland,Texas