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July 26, 2021 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P.m. July 20, 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. 12rh Street, Nederland, Texas. See attached for quorum. The following statement was posted: ""PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGIJN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW 3, 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 Hollier, 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 Neal and seconded by Mayor Pro Tem Hollier to approve the Consent Agenda Items a-e as presented. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, and Hollier_ Nees: None. Absent: Councilmember Root. a. Minutes - June 28, 2021 regular meeting and June 14, 2021 Work Session meeting b. June 2021 Departmental Reports c. Tax Assessor Collection Report - June 2021 d. Consider action authorizing the closure of Street from Nederland Avenue to Atlanta Avenue on Sunday, October for the Seventh Street Baptist Church Block Party. e. Consider action regarding a request from Brian English to utilize the Nederland Recreation Center gymnasium for a basketball league and tournament. 4. REGULAR AGENDA a. Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2020 Drinking Water Quality Report (Consumer Confidence Report). In accordance with EPA regulations all water suppliers are required to issue the CCR to all its customers on an annual basis. He said this is a standard report and no violations were found. Minutes Continued, July 26, 2021 b. Chris Duque, City Manager, stated Mr. Ernest Knod has requested to speak to City Council regarding his utility bill. Mr. Knod is a water customer who lives outside the city limits at 7950 Holmes Road and has requested a pool adjustment. City ordinance states "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." Mr. Knod lives outside the city limits therefore he does not have a building permit to receive the sewer adjustment. Mr. Ernest Knod, 7950 Holmes Road, said he has been a long-time resident of Nederland and just recently moved outside the city limits. He realized the ordinance providing for an adjustment for swimming pools may be out of date and asked if City Council would consider updating to make all water customers equal. Consensus of the City Council agreed this ordinance should be reviewed and submitted for consideration at a later City Council meeting. NOTE: Councilmember Root joined the City Council meeting by Zoom at 4:39 p.m. c. A motion was made by Mayor Pro Tem Hollier and seconded by Councilmember Austin to approve Change Order No. 1, South 14th Street Sanitary Sewer Rehabilitation project, which resolves final quantities with a cost reduction of $15,446.50. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve final payment and release of retainage for the South 14th Street Sanitary Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. e. A motion was made by Mayor Pro Tem Hollier and seconded by Councilmember Root to approve Change Order No. 1, Public Safety Complex Parking Lot Improvement project, which resolves final quantities and reduces the contract price by $4,510.00. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. f. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Austin to approve final payment and release of retainage for the Public Safety Complex Parking Lot Improvement project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. g. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Hollier to amend Ordinance No. 107, establishing a "no parking" zone on 30th Street. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. Minutes Continued, July 26, 2021 h. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Austin to re-authorize the submittal of a Hazard Mitigation grant program application to FEMA for the Library Generator project. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. i. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember Austin to approve Resolution No. 2021-24, authorizing the submission for Coronavirus Local Fiscal Recovery Funds. MOTION CARRIED. Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:10 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.087 - Deliberation Regarding Economic Development Negotiations - 1215 and 1217 Boston Avenue and Buckstin Brewery. 6. RECONVENE The regular meeting was reconvened at 5:47 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action was necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: Next City Council meeting will be August 2, 2021 at 4:30 p.m. to swear-in our new Councilmember and select a Mayor Pro Tern. Mr. Duque thanked the City Clerk for managing the Special Election. 8. ADJOURN There being no further business a motion was made by Mayor Albanese and seconded ���\\�� ���,,, Councilmember Root to adjourn the meeting at 5:51 p.m. MOTION CARRIED. Q�S1,,�Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root. Q_.•• • - • �jlone. f� 1� ' z on Albanese, Mayor �'•. � ,� City of Nederland, Texas ay Ferg on, City Cle City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT` ABSENT Don Albanese Mayor Talmadge Council Member—Ward I 9 ` Billy Neal Council Member—Ward II v Emmett Hollier Council Member—Ward III Sylvia Root '. 39 Council Member—Ward IV Chris Duque City Manager ✓ Gay Ferguson City Clerk Jesse Branick City Attorney V Cheryl Dowden Director of Finance Gary Porter Police Chief V Terry Morton Fire Chief i J' Robert Woods Director of Public Works 1/ George Wheeler Building Official V -Bi 0-1' V Victoria Klehn 4:43 Librarian Holly Guidry Human Resources Director V Joni Underwood Executive Secretary Angela Fanette Parks Director Albanese, Mayor '�^ Y a Fer i aWC�� July 26, 2021 Date sON ALLISON NATHAN GETZ w,'�; �1, • '�� TERRY WUENSCHEL TAX ASSESSOR—COLLECTOR �c /� • - ,* CHIEF DEPUTY N .: * • TEXN$ 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 $35,558.07, represents all taxes collected for CITY OF NEDERLAND during the month of June 2021. v at6.244Sidicii:12.04 Allison Nathan Getz, P.C.C. JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-2 1 1 2 PHONE: (409)835-8516 • FAX: (409)835-8589 2020 Annual Water Quality Report (Consumer Confidence Report) CITY OF NEDERLAND Phone Number: 409-723-1540 Robert Sangster, Water Plant Supervisor SPECIAL NOTICE OUR DRINKING WATER Required language for ALL community IS REGULATED public water supplies: This report is a summary of the quality of the water we provide You may be more vulnerable than the general population to our customers. The analysis was made by using the data from certain microbial contaminants, such as Cryptosporidium, in the most recent U.S.Environmental Protection Agency (EPA) drinking water.Infants,some elderly or immunocompromised required tests and is presented in the attached pages. We hope such as those undergoing chemotherapy for cancer; this information helps you become more knowledgeable about those who have undergone organ transplants; those who are what's in your drinking water. undergoing treatment with steroids;and people with aids or other immune system disorders can be particularly at Source of Drinking Water risk of infections. You should seek advice about drinking The sources of drinking water(both tap water and bottled water) include rivers, lakes, streams,ponds, reservoirs, springs, and wells. water from your physician or health care provider, As water travels over the surface of the land or through the ground, Additional guidelines are appropriate means to lessen the it dissolves naturally-occurring minerals and, in some cases, risk of infection by Cryptosporidium and are available from radioactive material, and can pick up substances resulting from the the Safe Drinking Water Hotline at(800)426-4791. presence of animals or from human activity. Contaminants that may be present in source water include: Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife. Public Participation _ Inorganic contaminants, such as salts and metals, which can be Opportunities naturally-occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. _ Pesticides and herbicides, which may come from a variety of Date: July 26, 2021 sources such as agriculture, urban storm water runoff,and residential uses. Time: 4.30 p.m. _ Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes Location: 207 N. 12th and petroleum production, and can also come from gas stations, urban Storm water runoff; and septic systems. Nederland City Hall Phone Number: 409-723-1503 _ Radioactive contaminants, which can be naturally-occurring or be the result of oil and gas production and mining activities. En Espanol Este informe incluye information importante sobre el To learn about future public meetings (concerning your agua potable. Si tiene preguntas o comentarios sobre dste drinking water),or to request to schedule one,please call us. altejnforme>en espaiol, favor de liamar -para hablar con una person bilingue en espanol. Where do we get our drinking water? The TCEQ completed an assessment of your source water and results indicate that some of your sources are susceptible to certain contaminants. The sampling requirements for your water system are based on this susceptibility and previous sample data. Any detections of these contaminants may be found in this Consumer Confident Report. For more information on source water assessments and protection efforts at our system,contact Robert Sangster 409-723-1540. ALL drinking water may contain contaminants Our drinking water meets federal standards and there may not be any health benefits to purchasing bottled water or point of use devices. Drinking water,including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk.More information about contaminates and potential health effects can be obtained by calling the EPA's Safe Drinking Water Hotline at (1-800-426-4751). Secondary Constituents Many constituents (such as calcium,sodium, or iron)which are often found in drinking water,can cause taste,color,and odor problems. The taste and odor constituents are called secondary constituents and are regulated by the State of Texas,not the EPA.These constituents are not cause for health concerns. Therefore, these constituents are not required to be reported in this document but they may greatly affect the appearance and taste of your water. Required Additional Health Information for Lead If present,elevated levels of lead can cause serious health problems,especially for pregnant women and young children.Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. We are responsible for providing high quality drinking water,but we cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours,you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking.If you are concerned about lead in your water,you may wish to have your water tested.Information on lead in drinking water,testing methods,and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead. Abbreviations • NTU-Nephelometric Turbidity Units • MEL-million fibers per liter(a measure of asbestos) • pCi/L-picocuries per liter(a measure of radioactivity) • ppm-parts per million,or milligrams per liter(mg/L) • ppb-parts per billion,or micrograms per liter • ppt-parts per trillion,or nanograms per liter • ppq-parts per quadrillion,or picograms per liter Definitions Maximum Contaminant Level Goal or The level of a contaminant in drinking water below which there is no known or expected MCLG: risk to health.MCLGs allow for a margin of safety. Maximum Contaminant Level or MCL:The highest level of a contaminant that is allowed in drinking water.MCLs are set as close to the MCLGs as feasible using the best available treatment technology. Maximum residual disinfectant level The level of a drinking water disinfectant below which there is no known or expected goal or MRDLG: risk to health.MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants. Maximum residual disinfectant level or The highest level of a disinfectant allowed in drinking water.There is convincing MRDL: evidence that addition of a disinfectant is necessary for control of microbial contaminants. Avg: Regulatory compliance with some MCLs are based on running annual average of monthly samples. ppm: milligrams per liter or parts per million-or one ounce in 7,350 gallons of water. ppb: micrograms per liter or parts per billion-or one ounce in 7,350,000 gallons of water. na: not applicable. Definitions: The following tables contain scientific terms and measures,some of which may require explanation. Lead and Copper Definitions: Action Level Goal(ALG): The level of a contaminant in drinking water below which there is no known or expected risk to health. ALGs allow margin of safety. Action Level: The concentration of a contaminant which,if exceeded,triggers treatment or other requirements which a water system must follow. Lead Date MCLG Action 90th # Units Violation Likely Source of Violation Likely Source of and Sampled Level Percentile Sites Contamination Contamination Copper (AL) Over Copper 2019 1.3 1.3 0.181 0 ppm N Erosion of natural N Erosion of natural deposits;Leaching deposits;Leaching from wood from wood Lead 2019 0 15 2.10 0 ppb N Corrosion of N Corrosion of household plumbing household plumbing systems;Erosion of systems;Erosion of natural deposits. natural deposits. Nitrate Advisory-Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age.High nitrate levels in drinking water can cause blue baby syndrome.Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant you should ask advice from your health care provider. Regulated Contaminants Disinfectants and Collection Highest Level Range of MCLG MCL Units Violation Likely Source of Contamination Disinfection By-Products Date Detected individual Haloacetic Acids 2020 33.2 12.2-33.2 No goal for 60 ppb N By-product of drinking water (HAAS)* the total disinfection. Total Trihalomethanes 2020 18.5 9.6-18.5 No goal for 80 ppb N By-product of drinking water l the total disinfection. Inorganic Contaminants Collection Highest Level Range of Levels MCLG MCL Units Violation Likely Sourceof Contamination Date Detected Detected Barium 2020 0.0629 0.0629- 2 2 ppm N Discharge of drilling wastes;Discharge from 0.0629 metal refineries;Erosion of natural deposits. Synthetic Organic Contaminants Atrizine 2020 0.29 0.11-0.29 0 3 ppb N Runoff from Agriculture Simazine 2020 0.15 0.15-0.15 0 4 ppb N Runoff from Agriculture Nitrate tmeasured as 2020 0.19 0.19-0.19 10 10 ppm N Runoff from fertilizer use;Leaching Nitrogen] from septic tanks,sewage;Erosion of natural deposits. Nitrite 2013 0.25 0.25-0.25 1 1 ppm N Runoff from fertilizer use;Leaching from septic tanks,sewage;Erosion of natural deposits. Radioactive Collection Highest Range of MCLG MCL Units Violation Likely Source of Contamination Contaminants Date Level Levels Detected Detected Combined Radium 01/20/2011 1 1 - 1 0 5 pCi/L N Erosion of natural deposits. 226/228 Turbidity Limit(Treatment Technique) Level Detected Violation Likely Source of Contamination Highest single measurement 1 NTU 0.40 NTU N Soil runoff. Lowest monthly%meeting limit 0.3 NTU 99.5% N Soil runoff. Turbidity has no health effects. However,turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria,viruses,and parasites that can cause symptoms such as nausea,cramps,diarrhea and associated headaches. Maximum Residual Disinfectant Level Systems must complete disinfection data on the Surface Water Monthly Operations Report(SWMOR). On the CCR report,the system must provide disinfectant type,minimum,maximum and average levels. Disinfectant Type Average Level Min Level Max Level MRDL MRDLG Unit Source Chloramine 2.43 1.1 4.7 4 4 ppm Disinfectant used to control microbes Total Organic Carbon Total organic carbon(TOC)no health effects. The disinfectant can combine with TOC to form disinfection byproducts. Disinfection is necessary to ensure that water does not have unacceptable levels of pathogens. Byproducts of disinfection include trihalomethanes(THMs) and haloacetic acids(HAA)which are reported elsewhere in this report. Year Contaminant Average Minimum Maximum Unit of Source of Contaminant Level Level Level Measure 2020 Source Water 8.48 4.65 16.2 ppm Naturally Present in the Environment Coliform Bacteria Fecal coliform/E. coli. Fecal coliforms and E.coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term effects,such as diarrhea,cramps,nausea, headaches,or other symptoms. They may pose a special health risk for infants,young children,and people with severely compromised immune systems. Maximum Total Coliform Highest Fecal Coliform or E coli Maximum Total No.of Violation Likely Source of Contaminant Maximum number of Contaminant Level Positive E.Coli Contamination Level Goal Contaminant positive or Fecal Level samples Coliform Samples 0 1 positive monthly 3 Fecal Coliform or E.Coli MCL: A 0 N Naturally present in sample routine sample and a repeat sample the environment. are total coliform positive,and one is also fecal coliform or E.coli positive Water Loss In the water loss audit submitted to the Texas Water Development Board for the time period of Jan-Dec 2020,our system lost an estimated 193,841,964 gallons of water.If you have any questions about the water loss audit please call Robert Sangster at 409-723-1540 Mandatory Language for Surface Water Treatment Technique Violation SURFACE WATER TREATMENT TECHNIQUE: The Texas Commission on Environmental Quality(TCEQ) sets minimum water quality standards for public drinking water. These standards include enforceable treatment technique requirements for drinking water. Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches. The City of Nederland, PWS ID TX1230006, failed to meet the minimum treatment technique requirements for the month of February 2021. Specifically, our water system had Violation List: • Combined filter effluent turbidity readings above 1.0 NTU.. • Low disinfectant (Total Chlorine) residual entering the distribution system for more than four consecutive hours. • Low Disinfection Contact Time (CT) for more than four consecutive hours. The violations listed above occurred during the winter storm while we were under a Boil Water Notice. Please share this information with all people who drink this water, especially those who may not have received this notice directly (i.e., people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail. If you have questions regarding this matter, you may contact Robert Sangster at 409-723-1540 Posted/Delivered on: 06-01-2021 AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200) WHEREAS, the City Council of the City of Nederland is of the opinion that additional traffic control devices and "No Parking"zones are required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT, Ordinance No. 107, Section 97, City of Nederland,Texas, is hereby amended by adding the following language: ARTICLE XII. SECTION 97 — NO PARKING ON PAVEMENT On the southbound lane of North 30th Street off of Helena Avenue (the 900 block of N. 30th Street), there shall be "No Parking on Pavement," or portion thereof or on adjoining public right of way extending 120 feet from the Helena Avenue intersection. The "No Parking on Pavement" will be effective Mondays through Friday between the hours of 7AM to 4PM. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,Texas this the 26th day of July,2021. ypF NDF % .Q° �" '2 c7° Don Albanese,Mayor r° �1_ .4.rl; = ,,,,UF 3E.F.ii1, 1100 Gay Fergus us , Y Cit Clerk APPROVED AS TO FORM AND LEGALITY: J: :nic ity Attorney RESOLUTION NO.2021-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,AUTHORIZING THE CITY MANAGER OF THE CITY OF NEDERLAND, TEXAS, TO COMPLETE THE SUBMISSION FOR CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the American Rescue Plan provides $350 billion in emergency funding for eligible state,local,territorial,and Tribal Governments to respond to the COVID-19 emergency; and WHEREAS,the Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each government to meet local needs including support for households, small businesses,impacted industries,and essential workers;and WHEREAS, the funds can also be used to make necessary investments in water, sewer, and broadband infrastructure;and WHEREAS, the City of Nederland is considered a Non-Entitlement City and has been identified to receive an allocation of$4,304,289.72. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION 1. The City Manager of the City of Nederland,Texas,is hereby authorized to complete the submission for Coronavirus State and Local Fiscal Recovery Funds. SECTION 2. The City Manager of the City of Nederland, Texas is designated as the Authorized Representative. SECTION 3. This Resolution shall be effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Nederland, TRiMS$4,Jts 26th day of July 2021. �" ;(-) /,"te C-) Albanese,Mayor ay Fergu ,City C er APPROVED AS TO FORM: Ate 'esse B : ' ,City Attorney