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March 24, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. March 24,2025 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 Mayor Pro Tern Sonnier. 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 Mayor Pro Tern Sonnier to approve the Consent Agenda_Item"a thru c" as presented. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. a. Minutes—March 10,2025 regular meeting b. February 2025 Departmental Reports c. Tax Assessor Collection Report—February 2025 4. REGULAR AGENDA a. A motion was made by Councilmember Duplant and seconded by Councilmember Root to accept the Fiscal Year 2023-2024 audit as prepared by Mitchell T. Fontenote CPA, Inc. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Mitch Fontenote of Mitchell T. Fontenote CPA, Inc. was present to review the Comprehensive Annual Financial Report (audit) for the fiscal year ending September 30, 2024. He summarized the auditor's report and stated it was a clean audit. Jeff Darby, 1515 N. 26th St., Nederland, inquired as to what type of audit this was and about the deficit. Mr. Fontenote explained this was a regular audit, not a forensic audit - Minutes continued, March 24, 2025 and the deficit is determined by an actuary of TMRS. There is a 2M depreciation of assets which is part of the infrastructure. The city is in a positive position with our pension. b. Chris Duque, City Manager, stated that at the January 22, 2024 City Council meeting, the "Tex Ritter Park Lighting" bid was awarded to Gulf Coast Electric Company in the amount of$57,900. Neches Engineers was engaged as the project engineer. In 2022, the City Council rejected the sole bid after the project engineer determined the bid was not within a reasonable cost for the specified scope of work. It was later determined the sole bidder submitted their bid with errors that increased the bid pricing. Following this, the project engineer and former Parks Director discussed alternative approaches. The revised scope of work included three light poles (similar to those utilized at Doornbos Park) with LED light fixtures and improving the electrical loop at the Park with new receptacles. Following the bid award, it was necessary to add additional work increasing the contract price to $63,150. Upon completion of an engineered project, the City receives a letter from the engineering firm certifying the project has been completed per the bid specifications with a recommendation to make final payment and close-out the project. Unfortunately, the project engineer has been unresponsive for months, and all of staffs efforts to get in-touch with Neches Engineers have been unsuccessful. Thus, the delay in placing the item on a city council meeting agenda for final payment and close-out of the project. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to submit a demand letter to Gulf Coast Electric Company requesting the letter of certification regarding the completion of the project before approving final payment and release of retainage for the "Tex Ritter Park Lighting" project. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. c. Chris Duque, City Manager, stated the fiscal year 2024-2025 budget has an allocation of$520,000 for drainage improvements/repairs as part of the $1.5M drawdown of the General Fund fund balance. The drainage work will be completed in two phases. The city would engage Texas Drainage Inc. for the first phase—the cleaning and reshaping of drainage ditches in Ward 3 and Ward 4 via state-approved contract. The total cost is $204,899.20 that would be paid via the Streets Department's contractual services line- item (01-3100-6393). The cost for Ward 3 is $150,713.20, which covers 34,253 linear feet of open ditch; the cost for Ward 4 is $54,186, which covers 12,315 linear feet of open ditch. Staff anticipates presenting the second phase of this work later this spring or early summer for all work to be completed by the end of August. This will facilitate all the drainage ditches being maintained as the peak of hurricane season approaches. While the ditches are being addressed by the contractor, the Streets Department crews will utilize the new vacuum truck to clean culverts. Work would begin on Wards 3 and 4, the second phase would be Wards 1 and 2. Additional funding might be needed and trouble spots would need to be prioritized. This work could begin April 7th Jolei Shipley, 8765 Holmes Rd., inquired about the date the equipment was received and how many feet in each Ward. Rob Woods, Director of Public Works, explained the title paperwork has to be transferred into the city's name before work can begin and Minutes continued, March 24, 2025 answered culvert footage questions. Ms. Shipley stated that the city is not consistently following our policy on culverts when dealing with citizens. Mayor Don Albanese explained the city's culvert schedule. Chris Duque stated that we cannot postpone making improvements to the drainage system. Mayor Pro Tem Sonnier stated that the plan is to start work on Wards 3 and 4 and then proceed to Wards 1 and 2. Angela Fanette, 1016 N. 31st St., stated that the city needed a plan and asked why the work on the ditches has not commenced. Keith Bass, 2415 Ave E, stated his house has flooded with sewage due to the city ditches not being maintained. He stated that the city needs more maintenance workers and equipment to keep our ditches maintained. Mayor Pro Tern Sonnier stated we budgeted for this project to get ahead on the ditch maintenance throughout the city. Robbie Smith, 1620 Ave H, stated he was a street sanitation supervisor for the city for years. The city used to handle all of the ditch maintenance with four employees and their own equipment. He does not understand why the city needs to contract their work out. Britton Jones, 1132 Gary, stated the city should be using our own equipment for maintenance of the ditches and should not have to contract out this work. Angela Fanette suggested that the city appoint an advisory board for the streets drainage and sewer. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Duplant to engage Texas Drainage Inc. for the cleaning and reshaping of drainage ditches in Wards 3 and 4 via TIPS or other state-approved contract. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. Councilmember Duplant stated that the city needs to get caught up on the maintenance of the ditches and also look at what needs to be done long term for future maintenance. d. Allen Simms, General Manager of Drainage District 7, and Toby Davis, Assist. Manager, gave a presentation of projects within the city. Mr. Davis gave an update on the concrete replacement on certain ditches and the addition of retention ponds near Lowe's in Port Arthur. As more funds come available in the next 10-20 years thru CDBG grants the ponds will be expanded. Other CDBG projects include pump stations, new generator buildings and generators, along with Pure Oil and Magnolia ditch upgrades. Jolei Shipley inquired if detention ponds are required by DD7 before construction of buildings in our city. Mr. Simms stated the city cannot issue the building permits until DD7 has approved the plans but DD7 is not evaluating the city's infrastructure, only DD7's infrastructure. DD7 has no control over the developer's plans and no policing authority. Mr. Simms suggested having a meeting with Ms. Shipley to go over the details of the retention pond issue. Minutes continued, March 24, 2025 e. Steve Jordan with S&P presented the 2024 Wastewater System Amended Study on the western section. The study found 32% of the leaks were on the municipal side and 68% on private side which is fairly typical. Out of 260 leaks, 176 were private service leaks and 113 of these were clean outs. The pipes are mostly PVC with some being concrete and clay. There were no major issues found,just a lot of small issues. Chris Duque, City Manager, stated a list of cleanouts that need repairing will be created. There is also an Ordinance from 1998 that imposes a fine for any identified busted private sewer lines that goes unrepaired. Jodi Love, 1011 N. 30th St., stated she cannot wash clothes, shower or flush toilets at her house when it rains. This has been an ongoing issue for years and she has been told by plumbers that the issue is on the city's side. These issues are happening throughout her neighborhood. Chris Duque stated this report should identify the issues and then the city can create an ordinance to incentivize residents to repair their lines. Councilmember Duplant stated the city should not be imposing any fines until the city's side is repaired. Angela Fanette, 1016 N. 31' St., stated her household is unable to flush toilets when it rains and the wastewater system report should be posted online. The city should resume smoke testing and the 3-minute limit on agenda items should be outlined in a city ordinance. Chris Duque stated the city could accept the final wastewater system report on the April 14th agenda as well as authorize an engineering firm to begin design/bid specifications and approve certificates of obligation. Darren Fanette, 1016 N. 31st St., inquired as to why the city stopped smoke testing. Chris Duque stated our records show we are on a 5-year schedule for smoke testing and this is a budgetary decision that is addressed during the budget process. It will most probably be included in future budgets. Rebecca Ward, 3112 Lawrence, stated she has had the same issues at her house with toilets not flushing when it rains. They have a camping toilet now to utilize when we experience rains. The city has been out many times to their house for this issue which has been ongoing since 2018. Chris Hoffpauir, 2130 Lawrence, stated he is experiencing the same issues at his house with toilets when it rains and has been ongoing since 2014. He had a tank installed and it has not solved the problem. No action was taken on this item. f. Jolei Shipley, 8765 Holmes Road, stated the city's check registers are no longer posted online and the newly-imposed 3-minute citizen comment limitation was not approved by council. Mayor Albanese stated that no one has been limited on their speaking allowance. Ms. Shipley stated that property at 2007 Ave B is zoned Rl. The builder submitted an application showing a 9,000 SF building which is contrary to the 12,000 SF building shown on the current plans. She stated the building is not a religious Minutes continued, March 24, 2025 worship facility under the legal definition and that at the prior public hearing regarding this building, two residents spoke in opposition. Ms. Shipley stated the parking lot curb has been busted out and will not retain water. Councilmember Duplant stated the original plans for the parking lot included a curb and the curb was built, but later busted out. She further stated there are not enough parking spots for this size of a building and it is not in compliance with our building codes. Mr. Bewberry, 507 N. 26th St., stated he has been a member of this church his entire life and the church has owned this property since 1972-73. The parking lot was built according to the engineered drawings and specifications and the church went through all the proper channels of construction. This facility is a church. All other wordings and accusations are false. Mr. Bewberry thanked the city for allowing them to speak at the council meeting. 5. EXECUTIVE SESSION The regular meeting was recessed at 7:41 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with City Attorney—Texas Government Code, Chapter 551.071 Building Permit(s) for 2007 Avenue B. 6. RECONVENE The regular meeting was reconvened at 8:30 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 8. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 8:33 p.m. 04_ on Al.nese,Mayor City of Nederland, Texas ATTEST: ` lav r / „Y Joni U'derwood, City Clerk ‘‘.� NE+p��'%,,�� City of Nederland, Texas �• ./"/; OF ]EF, I CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor �✓ Bret Duplant Council Member-Ward I Sylvia Root Council Member-Ward II V Randy Sonnier Council Member-Ward III V David Guillot Council Member-Ward IV / Chris Duque City Manager V Joni Underwood City Clerk f Chris Leavins City Attorney ✓ Heather Stucker Director of Finance `✓ Gary Porter Police Chief / Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official akinde( Molli Hall Librarian 1 v o. 2OOY4 Stephanie Gaspard Human Resources Director ✓ Toby Latiolais Parks Director ✓ &Ili age04:25-A 9- Don Albanese, Mayor -171 Joni Un rwood, City Clerk Date ---._--: --- - KATE!CARROLL \`1, A • - \ 4 ' A- .4\ * TAx Ass.Esscm,pouxcToR ---4. . .7 * JEFFERSON COUNTY,TEXAS \PBX P. i STATE OF TEXAS COUNTY OF JEFFERSON I,Kate Carroll,the Tax Assessor-Collector of Jefferson County,Texas and also, 1)S7: contract or statute, the Tax Assessor-collector for cITY` OF NEDERLAND, affinn, under oath, that this amount $87M7114, rexesents all taxes collected for tin:OF NEDERLAND during the month of February 2025,, ct4t. Kate Carroll MAILING ADDRESS'iP.O.BoX 2412 • BEAUMONT,TEXAS 777042112 PHYSICAL ADDRESS i'.1.149 PEARL:* BEAUMONTTEXAs 77701 PHONE:409-835-8518.• FAx:409-835-8589