April 12, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p_m_ April 12, 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. 12ih 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. 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
SIJIBCFiAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANOGIJN THAT IS CARRIED
OPENLY_"
2_ INVOCATIOMAN 0 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 Mayor Pro Tem Hollier and seconded by Councilmember Root
to approve the Consent Agenda Item "a" as presented. MOTION CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
a. Minutes - March 22, 2021 regular meeting
4_ REGULAR AGENDA
a. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve a proclamation in regard to National Fair Housing Month.
MOTION CARRIED_
Minutes Continued, April 12, 2021
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
b. A motion was made by Councilmember Root and seconded by Councilmember Neal
to amend Ordinance No. 164, setting the calendar for regular City Council meetings
- May 2021 to April 2022. 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
Austin to approve Resolution No. 2021-14, 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 thirty days. MOTION CARIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Hollier to approve Resolution No. 2021-15, 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.
e. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Hollier to approve Resolution 2021-16, 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.
f. A motion was made by Councilmember Neal and seconded by Councilmember Root
to approve Resolution 2021-17, ratifying the action of the Nederland Economic
Development Corporation Board of Directors related to the remodeling of the
structure at 1215 & 1217 Boston Avenue. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root.
Noes: Councilmember Austin.
g. A motion was made by Councilmember Root and seconded by Councilmember Neal
to approve Resolution No. 2021-18, ratifying the action of the Nederland Economic
Development Corporation Board of Directors related to the roof repairs of the
structure at 1215 & 1217 Boston Avenue. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Neal, Hollier, and Root.
Noes: Councilmember Austin.
h. Chris Duque, City Manager, reported a request for an emergency water
interconnection is being made by Jefferson County Water Control Improvement
District 10 (WD10). Currently the City of Nederland only has one emergency water
interconnection and that is with the City of Port Neches. The emergency
interconnection would be along the waterline on 18th Street from Canal to Spurlock.
Based on the water demand information provided by WD1O's engineering firm, the
Minutes Continued, April 12, 2021
water line must be upsized from 10" to 12". Due to the planned construction of
the 18th Street bridge, it is necessary to ensure the upsize is factored into the
design. If the interconnection is approved, WD10 would pay for this additional cost
necessary for the water line upsizing. The necessary steps to fully approving the
interconnection include identifying a location for the actual interconnection point,
as well as a meter, vault, and drafting of an Interlocal Agreement that establishes
outside the city water rates, procedures for utilizing the interconnection and
notification requirements. No action was necessary.
i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Hollier to award a bid in the amount of $108,260.64 to Core & Main for water
inventory items. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
j. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Hollier to approve Change Order #1 for the Canal Avenue elevated Water Storage
Tank and Avenue G Elevated Water Storage Tank Rehabilitation project in the
amount of $19,700 for artwork. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
k. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Root to approve an interlocal agreement with the Lower Neches Valley Authority
for the widening of the 18th Street bridge pending final legal review and approval.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
I. A motion was made by Councilmember Root and seconded by Councilmember
Austin to approve Ordinance 2021-05, calling for a special election to be held on
July 24, 2021 for the purpose of electing a Councilmember for Ward III to fill a
vacant position and appointing a clerk for early voting. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• National Day of Prayer will be May 6th at 7:30 a.m. outside City Hall
• Last day to file for place on the ballot for the Special Election will be
May 24th at 5:00 p.m.
• Next City Council meeting will have a discussion item to update the
city's COVID protocols
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Root to adjourn the meeting at 5:29 p.m. MOTION
CARRIED.
Minutes Continued, April 12, 2021
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
\\ ��""'"gym; on Albanese, Mayor
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City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor N/
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 V
Chris Duque City Manager
Gay Ferguson City Clerk v
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance \/-
Gary
Gary Porter Police Chief V
Terry Morton Fire Chief \/
Robert Woods Director of Public Works
George Wheeler Building Official V
Victoria Klehn Librarian V
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary V
Angela Fanette Parks Director
on A b ese, ayor
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April 12, 2021
Date
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR
COUNCIL MEETINGS TO BE HELD FROM MAY 10,
2021 THROUGH APRIL 18, 2022.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND,TEXAS:
THAT the following dates will be and are hereby regular meeting dates for
the meetings of the City Council of the City of Nederland, Texas. All of the below
regular meeting shall begin at 4:30 p.m. on each of the following dates:
May 10 and 24, 2021
June 14 and 28, 2021
July 26, 2021
August 16 and 30, 2021
September 13 and 27,2021
October 11 and 25, 2021
November 8 and 22, 2021
December 6 and 20, 2021
January 11 and 24, 2022
February 14 and 28, 2022
March 14 and 28, 2022
April 11 and 18, 2022
ANY AND ALL ordinances of the City of Nederland, Texas which conflict
with any provisions of this amendment are hereby expressly repealed.
PASSED AND APPROVED by the City Council at a regular meeting this
1? ,1sIR of April, 2021.
�,; f� on Aioanese, ayor
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City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Je -e Br.,• ck,'City Attorney
Ci of derland,Texas
RESOLUTION NO. 2021-14
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, No.
2021-05,and No. 2021-08 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 April 17,2021 through May 17,2021 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 12'day of APRIL,2021.
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Gay Ferg/son, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Jess : - i , City Attorney
RESOLUTION NO. 2021-15
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, No.2021-03,and No.2021-09 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 April 20,2021 through May 20,2021 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 12TH day of APRIL.2021.
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V- (,r;; . ...-t f<` City of Nederland, Texas
AllAitaS
Gay Fergu1on, City Cie"
APPROVED AS TO FORM AND LEGALITY:
L1
Jesse : 0
City Attorney
RESOLUTION NO. 2021-16
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 Nederland City Council via Resolution No.2021-10 and No.2021-12 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 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 April 23,2021 through May 23,2021 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 12TH day of APRIL,2021.
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_(., 4d IN od : = Don Albanese, Mayor
' , v� 'p City of Nederland, Texas
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G y Fergus n,!City Cle
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Jesse0
CITY OF NEDERLAND
ORDINANCE NO. 2021-05
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS, CALLING A SPECIAL
ELECTION ON SATURDAY, JULY 24, 2021;
DESIGNATING THE POLLING PLACES; PROVIDING
FOR OTHER MATTERS RELATING TO THE SPECIAL
ELECTION;AND FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
WHEREAS, a Special Election is hereby ordered to be held on the 24th day of
July, 2021, for the purpose of filling a vacancy on City Council for the unexpired term,
of Councilmember Ward III, that expires in May 2023; and
WHEREAS, the laws of the State of Texas and the Charter of the City of
Nederland further provide that the Election Code of the State of Texas is applicable to
said election, and in order to comply with said Code, an ordinance should be passed
establishing the procedure to be followed in said election, and designating the voting
places for said election.
NOW, THEREFORE, BE IT ORDAINED AND ORDERED BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT:
Section 1. The City of Nederland has one polling place located in the City
Office Building,207 N. 12th Street,Nederland,Texas. The City Clerk is hereby authorized
to provide and furnish all necessary election supplies to conduct said election.
Section 2. The polls at the above designated polling place on Election Day
shall be open from 7:00 a.m.to 7:00 p.m.
Section 3. Linda Sherman will serve as Presiding Judge and Ron Sherman will
serve as Alternate Presiding Judge,and the clerks of the election will be appointed by the
Presiding Judge in a number not to exceed seven(7)clerks.
Section 4. Gay Ferguson is hereby appointed Clerk for Early Voting. The Early
Voting for the above designated election shall be at the Nederland City Office Building,
207 N. 12th Street,Nederland,Texas,and said place of Early Voting shall remain open for
at least eight(8)hours on each day for Early Voting which is not a Saturday, Sunday, or
an official State holiday, beginning on the seventeenth (17) day and continuing through
the fourth(4th)day preceding the date of said election. Said place of voting shall remain
open between the hours of 8:00 a.m.and 5:00 p.m.on each day for said Early Voting. As
required under Section 85.005(d), Election Code,early voting by personal appearance at
the main early voting polling place shall be conducted for at least 12 hours on two
weekdays, if the early voting period consists of six or more weekdays, therefore, early
voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00
p.m.on Tuesday,July 13,2021 and Tuesday,July 20,2021. The above described place
for Early Voting is also the Early Voting Clerk's address to which ballot applications and
ballots voted by mail may be sent.
Section 5. The Early Voting Ballot Board shall be created as provided by
Election Code Sec. 87.001. Linda Sherman is hereby appointed as the Presiding Judge
for the Early Voting Ballot Board and is authorized to appoint two (2) clerks to serve on
the Board. Gay Ferguson is hereby appointed to serve as the Presiding Judge of the
Central Counting Station as provided in Section 127.005 of the Election Code.
Section 6. All ballots shall be prepared in accordance with Texas Election
Code. Paper ballots shall be used for early voting by mail and for provisional ballots. The
ExpressVote BMD with DS scanner shall be used for early voting by personal appearance
and voting on Election Day. The City Council hereby adopts for use in early voting and
Election Day voting the ExpressVote BMD with DS Scanner as approved by the Secretary
of State. All expenditures necessary for the conduct of the election, the purchase of
materials therefore,and the employment of all election officials is hereby authorized.
Section 7. The Mayor shall give notice of this election in accordance with the
terms and provisions of Sections 4.004, 83.010, 85.004, and 85.007 of the Election code,
and all necessary orders and writs for said election shall be issued by the proper authority.
Returns of said election shall be made to the City Council immediately after the closing of
the polls.
Section 8. It is further found and determined that in accordance with the order
of this governing body,the City Clerk posted written notice of the date, place and subject
of this meeting on the bulletin board located in the City Hall,a place convenient and readily
accessible to the general public,and said notice having been posted and remaining posted
continuously for at least 72 hours preceding the scheduled time of said meeting.
PASSED,APPROVED AND ADOPTED this 12th day of April ,2021.
1 `. ./ •
lion •'banese, Mayor
City of Nederland,Texas
Talmadge Austin, and I Councilmember Billy Neal, and II Councilmember
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P
O I ' latt�,oilier, Mayor Pro-Tem Syly. oot,Ward Councilmember
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ft , City Clerk 1
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
4.4
Je -e Br- ick, City Attorney
C.y of -derland,Texas