December 19, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. December 19, 2022
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.
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 was led by Randy Sonnier, Councilmember
Ward III.
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 Root and seconded by Councilmember Guillot to
approve the Consent Agenda Items a-d as presented.
a. Minutes - December 5, 2022 regular meeting
b. November 2022 Departmental Reports
c. Tax Assessor Collection Report - November 2022
d. Consider action authorizing the closure of various City streets for the Nederland Heritage
Festival activities. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
4. REGULAR AGENDA
a. A motion was made by Councilmember Sonnier and seconded by Councilmember
Austin to approve Resolution No. 2022-11, ratifying the action of the Nederland
Economic Development Corporation's Board of Directors in regard to the purchase of
219 Twin City Highway and 1118 Atlanta Avenue. MOTION CARRIED.
Minutes Continued, December 19, 2022
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
b. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot
to authorize a Request for Proposals for the Operation of the Nederland Swimming
Pool. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Sonnier to authorize the solicitation of bids for the Doornbos Park Parking Lot
Rehabilitation project. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
d. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier
to authorize a Request for Qualifications for grant administration and management
services associated with CDBG Disaster Recovery Funding, Hurricane Harvey DR-
4332. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
e. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Guillot
to approve Schaumburg & Polk, Inc.'s Letter for Reimbursement regarding the
Hodgson Road Lift Station Reconstruction project. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
f. A motion was made by Mayor Pro Tern Root and seconded by Councilmember Sonnier
to approve Change Order No. 1 - Hodgson Road Lift Station Reconstruction project.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
g. A motion was made by Councilmember Austin and seconded by Councilmember Guillot
to approve Ordinance No. 2022-28, amending Appendix "A" - Zoning of the
Nederland Code of Ordinances, amending the zoning regulations of "massage
therapist - licensed." MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
NOES: None.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• City offices will be closed Friday, Dec. 23rd, Monday, Dec. 26th and Monday,
Jan. 2nd in observance of the Christmas and New Year holidays.
• The garbage route will be delayed one day for the next two weeks due to
the holidays.
• A Christmas dumpster will be available in the Christmas tree drop-off area.
• Weather notices will continue to be sent out.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
Minutes Continued, December 19, 2022
by Mayor Pro Tern Root to adjourn the meeting at 4:53 p.m. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Root, Sonnier, and Guillot.
Noes: None.
Don Albanese, Mayor
City of Nederland, Texas
ATTEST:
�• WitetaWN
Joni U,derwood, City Clerk
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor
Talmadge Austin Council Member—Ward I ✓
Sylvia Root Council Member—Ward II ✓
Randy Sonnier Council Member—Ward III
David Guillot Council Member—Ward IV ✓
Chris Duque City Manager
Joni Underwood City Clerk ✓
Jesse Branick City Attorney 5/
Cheryl Dowden Director of Finance
Gary Porter Police Chief ✓
Terry Morton Fire Chief ✓
Robert Woods Director of Public Works ✓
George Wheeler Building Official
Molli Hall Librarian
Holly Guidry Human Resources Director ✓
Angela Fanette Parks Director
on Albanese, Mayor
OktOVLW
Joni/Underwood, City Clerk
i/)-- 1 9—
Date
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ALLISON NATHAN. GETZ f� �\ TERRY WUENSCHEL
TAXASSESSOR-COLLECTORQ�� /\ `� $ 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 $475,431.33, represents all taxes collected for CITY OF NEDERLAND
during themonth of November 2022.
Allison Nathan.Getz,P.C.C.
JEFFERSON.COUNTY COURTHOUSE•-P.O.BOX 2112•BEAUMONT,TEXAS 777.04-2112
PHONE'. (409)"835-8516'•FAX: (409)835-8589
ORDINANCE NO. 2022-28
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS,
AMENDING APPENDIX A - ZONING OF
THE CODE OF ORDINANCES, CITY OF
NEDERLAND, AMENDING THE ZONING
REGULATIONS OF "MASSAGE THERAPIST
- LICENSED"; MAKING FINDINGS OF
FACT; PROVIDING FOR REPEAL OF ALL
ORDINANCES AND POLICIES IN
CONFLICT OR PARTS OF ORDINANCES
AND POLICIES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to
utilize police power regulation of health,safety,and general welfare of the public;and
WHEREAS,the purpose of requiring standards for massage establishments is to mitigate
the adverse secondary effects caused by such businesses and to promote the public health,
safety,and general welfare of the residents of Nederland;and
WHEREAS, there is convincing evidence in the form of studies, court cases, etc. that
massage establishments have secondary effects that are deleterious on both existing businesses
around them and surrounding residential areas or other sensitive uses adjacent to them,
including increased crime, harm to minors, urban blight, diminishment in the quality of
residential life,and reduction of property values;and
WHEREAS, the secondary effects resulting from activities related to massage
establishments have been shown to be detrimental to public health,safety,and general welfare
of the citizens of Nederland,and therefore,such activities must be regulated;
WHEREAS,the Planning and Zoning Commission of the City of Nederland the Nederland
City Council, in compliance with the charter of the City of Nederland, and the state law with
reference to amendments to the Zoning Ordinance regulations and Zoning Map,have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a
full and fair public hearing to all property owners generally,and to the persons interested and
situated in the affected area and in the vicinity thereof,the Nederland City Council is of the
opinion that said zoning amendment should be made.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. Appendix A—Zoning of the Code of Ordinances of the City of Nederland is
hereby revised with the following revisions:
A. Amend SUBCHAPTER C. USE REGULATIONS,Section 13. Schedule of permitted uses:
1
Section 13.2. Schedule of Permitted Uses.
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Massage Therapist- 3 SS PP
Licensed
B. Add to Section 14. Specific use provisions:
Section 14.8. Massage Therapists-Licensed.
The city finds the need to list specific requirements to the Specific Use Permit consideration
when regulating Massage Therapists-Licensed requesting to locate in C-3(Highway Commercial)
zoning district. The listed requirements are minimum requirements that shall be agreed to by
the application;the listed minimum requirements shall be imposed on each request; and the
listed minimum requirements do not limit the City from considering any and all additional
requirements to ensure the compatibility of the use with surrounding uses or to mitigate any
negative impact on the surrounding area. The minimum requirements are as follows:
Section 14.8.1. Definitions
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section,except where the context clearly indicates a different meaning:
Massage means and includes any process consisting in kneading, rubbing or otherwise
manipulating the skin of the body of a human being,either with the hand or by means of electrical
instruments or apparatus or other special apparatus, but shall not include massage by duly
licensed physicians or massage of the face practiced by duly licensed beauty parlors or
barbershops.
Massage establishment means any place of business that advertises massage therapy or
offers massage therapy as a service, but not a duly licensed physician,whether with or without
the use of mechanical or therapeutic devices. The term shall not include a place of business
where a licensed massage therapist practices as a solo practitioner in.a manner consistent with
the applicable provisions of V.T.C.A.,Occupations Code§455.155,as amended.
Massage parlor means any business in which massages are offered by a person who is
not registered as a massage therapist under the State of Texas'Massage Therapy Registration
Act (or applicable provisions of V.T.C.A., Occupations Code § 455.155) or who provides
massages by touching specified anatomical areas or engaging in specified sexual activities.
Massage parlors are subject to the applicable City of Nederland sexually oriented business
regulations. Sexually oriented business has the meaning assigned by Tex. Loc. Gov't Code,
243.002 unless another meaning applies under local law.
Massage therapist means a person who practices or administers massage therapy or
other massage services to a client for compensation. The term includes a licensed massage
therapist, therapeutic massage practitioner, massage technician, masseur, masseuse,
myotherapist,body massager,body rubber,or any derivation of those titles.
Massage therapy means the manipulation of soft tissue. The term includes, but is not
limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression,
vibration, friction, nerve strokes, Swedish gymnastics, and reflexology, either by hand or with
mechanical or electrical apparatus for the purpose of body massage. Massage therapy may
include the use of oil,salt glows,heat lamps,or hot and cold packs.Equivalent terms for massage
therapy are massage,therapeutic massage,massage technology,myo-therapy,body massage,
body rub or any derivation of those terms. Massage therapy is a health care service when the
massage therapy is for therapeutic purposes.As used in this article, the terms "therapy" and
2
"therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or
procedure for which a license to practice medicine, chiropractic, physical therapy or podiatry is
required by law.Massage therapy does not constitute chiropractic practice."
Nude means a person who is entirely unclothed or clothed in a manner that leaves
uncovered or visible through fully opaque clothing any portion of the breasts below the top of the
areola of the breasts or any portion of the genitals or buttocks.
Sexual Contact includes any touching of any part of the genitalia or anus,any touching of
the breasts of a female without the written consent of the female, kissing without the consent of
both persons,deviate sexual intercourse,sexual contact,sexual intercourse,indecent exposure,
sexual assault, prostitution, solicitation of prostitution, and promotion of prostitution, or any offer
or agreement to engage in such activities, any behavior, gesture, or expression that may
reasonably be interpreted as inappropriately seductive or sexual, and inappropriate sexual
comments about or to a client,including sexual comments about a person's body.
Section 14.8.ii.—Regulations applicable to all massage establishments.
1. All massage establishments seeking to locate in the City of Nederland shall be required to
secure a Certificate of Occupancy permit through the Nederland Building Inspection
Department and pass an inspection before opening for business. Upon permitting,a copy of
this ordinance will be given to the applicant. The applicant shall read the ordinance for
compliance instructions and then request the certificate of occupancy inspection.
2. State regulations: a massage establishment or place of business that advertises massage
therapy or offers massage therapy or other massage services must be licensed in accordance
with V.T.C.A., Occupations Code chapter 455 and title 16, Texas Administrative Code,
chapter 117,as such chapters may be amended.
3. A valid and current massage therapist or massage establishment license must be displayed
and easily viewable within the lobby or waiting area.
4. A massage establishment shall not be operated between the hours of 10:00PM and 8:00AM
on any day.
5. All doors of a massage establishment shall remain unlocked during normal business hours.
6. All customer access to the massage establishment shall occur at the massage
establishment's front door.
7. The storefront windows of a massage establishment must be transparent and provide an
unobstructed view from the outside into the lobby,waiting area,or lobby and waiting area.
8. A massage establishment shall not locate or maintain an automatic teller machine(ATM).
9. A person shall not live or dwell within a massage establishment or use a massage
establishment as sleeping quarters.
10.It shall be the duty of every person conducting or operating a massage establishment to keep
the establishment at all times in a clean and sanitary condition. All instruments and
mechanical or therapeutic devices, or parts thereof, that come into contact with the human
body shall be sterilized by a modern and industry-approved method of sterilization before
initial use, and any such instruments and devices, or parts thereof, after having been used
upon one patron, shall be sterilized before being used upon another, and shall be rendered
free from harmful organisms in a manner consistent with applicable state and local laws and
regulations. Towels and linens furnished for use by one patron shall not be furnished for use
by another until thoroughly laundered.
11.All massage therapists in a massage establishment shall wash their hands thoroughly before
administering massage therapy to each patron accommodated. It is unlawful for a person
suffering from a communicable disease to be employed by a massage establishment. No
owner, manager, keeper, custodian, operator or employee or contractor of a massage
establishment shall knowingly accommodate a person suffering from a communicable disease
as a patron therein.
12.A massage establishment shall only employ or contract with licensed massage therapists to
perform massage therapy or other massage services. Required documentation for each
person providing massage therapy or other massage services shall include:
3
i. a copy of the current massage therapist license,
ii. proof of eligibility to work in the United States,and
iii. if an employee,a completed 1-9 form or if under an independent contractor or contract
labor agreement, a copy of the contract signed by the owner or operator and the
licensed massage therapist.
13.The manager or person in charge of the massage establishment shall keep a list of the names,
addresses,date of birth,driver's license number,and state massage therapist license number
of all employees or contractors, both on-duty and off-duty, and such list, in accordance with
the law,shall be immediately available during regular business hours for inspection upon the
request of any law enforcement officer. All employees or contractors of the massage
establishment shall wear a badge or name tag while on-duty that identifies the name of the
massage establishment,the name of the employee/contractor,and includes a photograph of
the employee/contractor.
14.The persons managing,keeping, or operating a massage establishment shall be responsible
for the acts of their employees or contractors in the conduct of such business. This section
does not relieve an owner or an employee or contractor of potential liability pursuant to this
article.
15.The officers of the police andfire departments and code enforcement officer are hereby
authorized and empowered to enter massage establishments at any reasonable time for the
purpose of inspection and for the preservation of law and order and decency. If entry and
access to the premises of the massage establishment is denied, entry may be made under
the authority of a warrant to inspect the massage establishment.
16.A massage establishment shall display in the form and manner prescribed by the Texas
Commission of Licensing and Regulation a sign concerning services and assistance available
to victims of human trafficking. The sign must be in English,Spanish,Korean,Mandarin,and
other language required by Texas Commission of Licensing and Regulation rule, include a
toll-free telephone number of a nationally recognized information and referral hotline for
victims of human trafficking,include the contact information for reporting suspicious activity to
the Department of Public Safety, and be displayed in a conspicuous place clearly visible to
the public.
17.A massage establishment shall properly maintain and secure for each client the initial
consultation documents,all session notes,written consent notes,and related billing records.
Section 14.8.iii.—Prohibited operations.
1. It shall be unlawful for any person operating a massage establishment to employ, in any
capacity therein,any person who has been convicted of,entered a plea of nolo contendere or
guilty to, or received deferred adjudication for an offense involving prostitution or another
sexual offense, or the practice or administration of massage therapy at or for a sexually
oriented business.
2. It shall be unlawful to employ an individual who is not a United States citizen or a legal
permanent resident with a valid work permit or to employ a minor unless the minor's parent or
legal guardian authorizes in writing the minor's employment by the massage establishment.
3. It shall be unlawful to operate a massage establishment as a sexually oriented business.
4. It shall be unlawful for the persons managing,keeping,or operating a massage establishment,
the employees or contractors of the massage establishment, and/or the patrons of the
massage establishment to engage in sexual contact in the massage establishment.
5. It shall be unlawful for a person to commit a crime or offense involving prostitution or other
sexual offense resulting in a conviction, or to which a plea of nolo contendere or guilty was
entered or deferred adjudication was received,on the premises of a massage establishment.
6. It shall be unlawful for a massage establishment to allow a nude or partially nude employee
or contractors to provide massage therapy or other massage services to a customer.
7. It shall be unlawful for any person operating a massage establishment to offer bathing or
showering services.
4
8. It shall be unlawful for any individual to practice massage therapy in the nude or in clothing
designed to arouse or gratify the sexual desire of any individual.
Section 14.8.iv.—Revocation of certificate of occupancy.
1. Revocation authority. The City's building official may revoke the certificate of occupancy of a
massage establishment for violations of this ordinance.
2. Notice. If violations of the zoning ordinance or state law are found upon inspections,the City
shall specify a reasonable period of time for the corrections of the violations found. Correction
of the violations shall be accomplished within the period specified, in accordance with the
following provisions:
a. If a prohibited operation, as described herein and in Ordinance No. 2022-28, the
massage establishment shall immediately cease operations. Operations shall not
resume until authorized by the City.
b. All violations shall be corrected as soon as possible, but in any event within ten
business days following inspection.
c. Within 15 business days after the inspection,the holder of the permit shall submit a
written report to the City building official stating that the violations have been corrected.
A follow-up inspection shall be conducted to confirm correction.
•
3. Each massage establishment inspection report shall state than, if an operation is not a
prohibited operation, failure to comply with any time limit for corrections may result in
cessation of the business operations.
4. Cessation of operations. Whenever a massage establishment is required under these
provisions to cease operations, it shall not resume operations until such time as a re-
inspection determines that conditions responsible for the requirement to cease operations no
longer exist. Opportunity for re-inspection shall be offered within a reasonable time.
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. All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed;provided,however,that such repeal shall
only to the extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
SECTION 5. If any provision, section, exception, subsection, paragraph, sentence,
clause,or phrase of this ordinance or the application of same to any person
or the set of circumstances,shall for any reason be held unconstitutional,
void or invalid,such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or sets of
circumstances and to this end all provisions of this ordinance are declared
to be severable.
SECTION 5. The Ordinance shall be effective from and after its passage.
PASSED AND APPROVED THE 19TH day of December,2022.
APPROVED:
PL,..e
Don Albanese,Mayor
City of Nederland,Texas
5
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ATTEST: r„ti: ,�!l�, Y=
(Asti U ita 'rprtfqutalttttC
Joni IVnderwood,City Clerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
, ,
Jes• ni k,City Attorney
City of Nederland,Texas
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