Loading...
April 28, 2025 SPECIAL SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:00 p.m. April 28,2025 1. MEETING The meeting was called to order at 4:00 p.m.by Mayor Albanese at the Bob Henson Building, 1903 Atlanta Avenue,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." INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and Pledge of Allegiance was led by Mayor Pro Tern Sonnier. Keith Bass, 2425 Avenue E, asked when the notice of the special meeting was given to council and the timing of appointing Terry Morton as Interim City Manager. Councilmember Duplant explained the reasoning behind moving forward on the City Manager search. Mayor Pro Tem Sonnier explained the timing of the appointment of Terry Morton. Jolei Shipley, 8765 Holmes Road, commented on the timing of the emails sent out regarding the scheduling of the special meeting. 2. EXECUTIVE SESSION (No Public Discussion on These Items) The regular meeting was recessed at 4:11 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Personnel — Texas Government Code, Chapter 551.074, Review of candidates for City Manager position. 3. RECONVENE The regular meeting was reconvened at 5:22 p.m. by Mayor Albanese. 4. REGULAR AGENDA a. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to table Item 4.a, the purchase of a computer software application from GovWell Minutes continued, April 28, 2025 Technologies, Inc, for future consideration at the next meeting. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root, Sonnier,and Guillot. NOES: None. Jeff Darby, 1515 N. 26th St., commented on whether this item was an emergency item. Jolei Shipley, commented on the legal notice given for this meeting and stated the notice does not include items A thru I from the agenda. Angela Fanette, 1016 N. 31' St., commented on the city's current tracking system for building code information. George Wheeler, Chief Building Official, stated that contractors are requesting the capability of paying for permits online. This program would facilitate that need. Jolei Shipley suggested tabling this item and get feedback from the contractors on a possible increase in permit fees to cover this expenditure. b. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Duplant to approve an amendment to the 2024-2025 Wage & Classification Plan establishing an operator trainee program for the Wastewater Treatment Plant. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root, Soiiflier, and Guillot. NOES: None. Jeff Darby,asked for the pay rate differences on steps 105 and 106 of the wage plan. c. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve an amendment to Ordinance No. 2024-16, utility rates and regulations (revising Section 16.Returned Check Fees). MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. d. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve the Quarterly Investment Report from the Finance Department. MOTION CARRIED. AYES: Mayor Albanese;Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Jeff Darby asked about the date on which the quarterly investment report was received. e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to approve Resolution No. 2025-04, authorizing account signatories for the City's TexPool Investment Account. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Jolei Shipley asked why Cheryl Dowden was not named as an account signer on this account. Chris Duque explained that Ms. Dowden is an interim city employee and the new city manager will replace her as the city's investment officer. Minutes continued, April 28, 2025 f. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to revise the account signatories for the City's bank account. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. g. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve a Settlement Agreement and General Release between the City of Nederland and Todd Guidry. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. h. A motion was made by Councilmember Root and seconded by Councilmember Duplant to appoint Terry Morton as Acting Interim City Manager effective 5PM on April 30, 2025 until 8AM on May 5,2025. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Keith Bass asked why an Assistant City Manager had not been previously appointed. Chris Duque stated the selection of a new Assistant City Manager should be the new City Manager's decision. i. Employee Group Benefits: Jolei Shipley asked about the timing of receiving the bid packages and if there is an expiration date on the bids. She stated that the city should solicit the employees input before making health insurance decisions. The regular meeting was recessed at 6:02 p.m. by Mayor Albanese for the purpose of conducting a City of Nederland Employees Benefits Trust meeting to award bids for employee group benefits. The regular meeting was reconvened at 6:29 p.m.by Mayor Albanese. A motion was made by Mayor Pro Tern Sonnier and seconded by Guillot to authorize the transfer of funds from the City of Nederland to the City of Nederland Employee Benefits Trust to pay for employee-related benefits. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 6:34 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;Discuss City legal matters—Grievance filed by Christopher Duque, City Manager;Personnel—Texas Government Code, Chapter 551.074,Discuss personnel—Grievance filed by Christopher Duque, City Manager. 6. RECONVENE Minutes continued, April 28, 2025 The regular meeting was reconvened at 7:36 p.m. by Mayor Albanese. A motion was made by Councilmember Duplant, and seconded by Mayor Pro Tem Sonnier to follow the separation process as provided in the personnel policy, regarding City Manager, Chris Duque's grievance related to accrued leave under his employment contract. MOTION CARRIED. AYES: Mayor Albanese,Coundilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Jeff Darby commented on the arbitration and associated fees the City will now incur. Jolei Shipley asked if there was a formula used to determine Chris Duque's severance package payout. Mayor Pro Tern Sonnier commented that this figure had not been calculated at this time. 7. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 7:45 p.m. Aar 10&-e-- — Don Albanese,Mayor City of Nederland, Texas ATTEST: Joni derwood, City Clerk City of Nederland, Texas ````\��.,�E"���,�,�j,,// ,2 J �� VA. EF , 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 Randy Sonnier Council Member—Ward III David Guillot Council Member—Ward IV Chris Duque City Manager Joni Underwood City Clerk ✓ Chris Leavins City Attorney Heather Stucker Director of Finance T✓ Gary Porter Police Chief Terry Morton Fire Chief Robert Woods Director of Public Works ✓ George Wheeler Building Official Molli Hall Librarian Stephanie Gaspard Human Resources Director ✓ Toby Latiolais Parks Director ✓ :AA. Don Albanese, Mayor 1 1► ' 1/ 60✓ Joni derwood, City Clerk 4-28-25 Date AMENDMENT TO ORDINANCE NO. 2024-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 2024-16, UTILITY RATES AND REGULATIONS; ADJUSTING ADJUSTMENTS AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, on August 26, 2024, the Nederland City Council approved Ordinance No. 2024-16 that established utility rates and regulations effective October 1, 2024; and 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. 2024-16 is hereby revised with the following revisions: A. Section 16. Returned Check Fees. is amended to read as follows: SECTION 16. Returned Check Fees. (1) Any customer who pays his/her utility bill with a payment which is returned from the financial institution due to,but not limited to,insufficient funds,stop payment, uncollected funds, closed account, and/or chargebacks shall be assessed a$30.00 fee. (2) Should a customer have more than two payments returned within a period of 12 consecutive months, all subsequent payments shall be made in the form of cash, money order,and/or cashier's check for two years from the time of the last returned payment. During the two-year period,the city shall not accept checks from that individual or allow for ACH draft payments. (3) The city retains the right to prosecute for returned payments in accordance with the Texas Penal Code. 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 28TH day of APRIL, 2025. APPROVED: agep,,,,,, Don Albanese,Mayor City of Nederland,Texas ATTEST: E 4102W nN5C( Joni U derwood,City Clerk City of Nederland APPROVED AS TO ORM A Leavi7r,City Attorney City of Nederland,Texas of]EFFfC��``. Don Albanese,Mayor N b Sylvia Root,Councilmeniber 65. 4 Bret Da Root,Coundtmember '•';• \ City of Nederland RBritDunriler,MunctIme ber Ln, , Z Davtd Gutttot,Counctlmember (�`� 1 �F?�'"--FFt -? Christopher Duque,City Manager P.O.Box 967,Nederland,.Texas-77627•(409)-723-1503• AX(409)72.3-1550 •_t Q �p war. l Investment Report For the Quarter Ending March 31,2025 This report has been prepared in accordance with the Public Funds Investment Act(Section 2256.023,Government Code),which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland A Chris Du:.-,Cit'anger 1. Bather Stucker,Finance Director .Prograrnmed 16r,Progress' City of Nederland Summary of Account Activity Total Portfolio-All Accounts For Quarter Ending March 31,2025 Investments at Beginning of Period (1-1-25) $ 64,571,585.71 Interest Earned 682,306.56 Maturities/Deposits (2,300,000.00) Investments at End of Period(3-31-25) $ 62,953,892.27 r 1 Maturity Summary at March 31,2025 ■Less than 3 months ■3 to 9 months 09 to 12 months OGreater than 12 months City of Nederland Summary of Account Activity Total Portfolio-All Accounts For Quarter Ending March 31,2025 Balance (Withdrawels)/ Balance 1/1/2025 Interest Earned Deposits 3/31/2025 General Fund $ 21,612,167.92 233,220.61 $ 21,845,388.53 Capital Outlay Fund $ 8,310,496.01 89,680.06 8,400,176.07 Library Fund 45,557.36 529.08 46,086.44 Library Fund-Zaruk Memorial 11,427.97 85.83 11,513.80 Equipment Replacement Fund-General 748,205.93 8,074.07 756,280.00 Equipment Replacement Fund-W&S 303,667.27 2,991.16 (50,000.00) 256,658.43 Equipment Replacement Fund-SW 516,858.48 5,577.46 522,435.94 Water&Sewer Fund 6,069,789.73 65,500.10 6,135,289.83 Solid Waste Fund 2,996,188.92 32,332.42 3,028,521.34 Street Improvement Fund 5,332,624.58 54,688.09 (500,000.00) 4,887,312.67 Police Narcotics Fund 85,264.85 920.14 86,184.99 2018 WW Project 1,490,274.94 16,081.89 1,506,356.83 2020 Water Tower Project 56,309.96 607.69 56,917.65 2021 Street&Drainage Bond Fund 2,461,904.54 15,213.13 (1,750,000.00) 727,117.67 2023 Street&Drainage Bond Fund 4,716,125.73 50,892.49 4,767,018.22 2024 Water/Wastewater Bond Fund 8,027,924.17 86,630.67 8,114,554.84 SSES Project Fund 629,828.86 6,796.60 636,625.46 Parks Special Fund 498,001.50 5,374.02 503,375.52 MCML Fund 449,853.66 4,854.43 454,708.09 Bond Redemption Fund 209,113.33 2,256.62 211,369.95 $ 64,571,585.71 $ 682,306.56 $ (2,300,000.00) $ 62,953,892.27 Fund Allocation at March 31, 2025 2024 Water/Wastewater 2021 Street&Drainage Bond Fund Bond Fund 12.89% SSES Project Fund 1.16% Other Funds 1.01% 0.65% General Fund 34.70% Street Improvement Fund 'A-7.76% 4w.,' sr. 4,., *`rrt a. Capital Outlay Fund r� - 13.34% , ^�`\,,r i°" 2018 WW Project Equipment Replacement i;`v.' '' 2.39% Fund-SW 0.83% 2023 Street&Drainage quipment Replacement Water g,Sewer Fund Bond Fund Fund-W&S 9.75% 7.57% 0.41% MCML Fund 0.72% Parks Special Fund Equipment Replacement 0.80% Solid Waste Fund Fund-General 4.81% 1.20% Investment Report Schedule For Quarter Ending March 31,2025 INVESTMENT POOL-TEXPOOL Average Days to Interest Interest (Withdrawels)/ Period Held Maturity Rate Market Principal Earned Deposits Book Value General Fund 01/01/25 03/31/25 1 4.4361% $21,612,167.92 233,220.61 $21,845,388.53 Capital Outlay Fund 01/01/25 03/31/25 1 4.4361% 8,310,496.01 89,680.06 S 8,400,176.07 Water&Sewer 01/01/25 03/31/25 1 4.4361% 6,069,789.73 65,500.10 $ 6,135,289.83 Bond Redemption Fund 01/01/25 03/31/25 1 4.4361% 209,113.33 2,256.62 S 211,369.95 Equipment Replacement Fund-General 01/01/25 03/31/25 1 4.4361% 748,205.93 8,074.07 $ 756,280.00 Equipment Replacement Fund-W&S 01/01/25 03/31/25 1 4.4361% 303,667.27 2,991.16 (50,000.00) $ 256,658.43 Equipment Replacement Fund-SW 01/01/25 03/31/25 1 4.4361% 516,858.48 5,577.46 S 522,435.94 Library Special 01/01/25 03/31/25 1 4.4361% 45,557.36 529.08 $ 46,086.44 Library Special-Zaruk Memorial 01/01/25 03/31/25 1 4.4361% 11,427.97 85.83 $ 11,513.80 Solid Waste Fund 01/01/25 03/31/25 1 4.4361% 2,996,188.92 32,332.42 $ 3,028,521.34 Street Improvement Fund 01/01/25 03/31/25 1 4.4361% 5,332,624.58 54,688.09 (500,000.00) S 4,887,312.67 2018 WW Project 01/01/25 03/31/25 1 4.4361% 1,490,274.94 16,081.89 $ 1,506,356.83 2020 Water Tower Project 01/01/25 03/31/25 1 4,4361% 56,309.96 607.69 $ 56,917.65 2021 Street&Drainage Bond Fund 01/01/25 03/31/25 1 4.4361% 2,461,904.54 15,213.13 (1,750,000.00) $ 727,117.67 2023 Street&Drainage Bond Fund 01/01/25 03/31/25 1 4.4361% 4,716,125.73 50,892.49 $ 4,767,018.22 2024 Water/Wastewater Bond Fund 01/01/25 03/31/25 1 4.4361% 8,027,924.17 86,630.67 S 8,114,554.84 Parks Special Fund 01/01/25 03/31/25 1 4.4361% 498,001.50 5,374.02 $ 503,375.52 SSES Project Fund 01/01/25 03/31/25 1 4.4361% 629,828.86 6,796.60 $ 636,625.46 Police Narcotic Fund 01/01/25 03/31/25 1 4.4361% 85,264.85 920.14 $ 86,184.99 MCML Fund 01/01/25 03/31/25 1 4.4361% 449,853.66 4,854.43 454,708.09 Totals for TEXPOOL Investments S 64,571,585.71 $682,306.56 5(2,300,000.00) S 62,953,892.27 Texpool is rated AAAm by Standard&Poor's,which is the highest rating a local government investment pool can achieve Investment Report Schedule For Quarter Ending March 31,2025 INTEREST EARNED ON DEMAND DEPOSITS Average Days to Interest Period Held Maturity Rate Interest Earned Bond Redemption Fund 01/01/25 03/31/25 1 3.0900% $ - Capital Outlay Fund 01/01/25 03/31/25 1 3.0900% 4,023.15 Court Technology Fund 01/01/25 03/31/25 1 3.0900% 40.52 Equipment Replacement Fund-General 01/01/25 03/31/25 1 3.0900% 4,213.55 Equipment Replacement Fund-W&S 01/01/25 03/31/25 1 3.0900% (83.01) Equipment Replacement Fund-SW 01/01/25 03/31/25 1 3.0900% 6,227.66 Fire Department Special Fund 01/01/25 03/31/25 1 3.0900% 364.76 General Fund 01/01/25 03/31/25 1 3.0900% 55,979.77 Library Special Fund 01/01/25 03/31/25 1 3.0900% 529.47 MCML Dispatch 01/01/25 03/31/25 1 3.0900% 2,317.33 Motel Occupancy Tax Fund 01/01/25 03/31/25 1 3.0900% 915.74 Parks&Recreation Special Fund 01/01/25 03/31/25 1 3.0900% 8,578.03 Police Narcotic Fund 01/01/25 03/31/25 1 3.0900% (44.02) 2021 Street&Drainage Bond Fund 01/01/25 03/31/25 1 3.0900% 3,348.83 2023 Street&Drainage Bond Fund 01/01/25 03/31/25 1 3.0900% 3,718.20 2024 Water/Wastewater Bond Fund 11/20/24 12/31/24 1 3.0900% 109.08 Solid Waste Fund 01/01/25 03/31/25 1 3.0900% 4,719.89 Street Improvement Fund 01/01/25 03/31/25 1 3.0900% (115.22) CDBG Disaster Recovery Fund 01/01/25 03/31/25 1 3.0900% 0.00 SSES Fund 01/01/25 03/31/25 1 3.0900% 953.91 2018 WW Project 01/01/25 03/31/25 1 3.0900% 2,214.93 • Water&Sewer Fund 01/01/25 03/31/25 1 3.0900% (5,089.62) $ 92,922.95 Investment Report Schedule March 31,2025 Interest Earnings for Quarter Ended March 31,2025 Bond Redemption Fund 2,256.62 Capital Outlay Fund 93,703.21 Court Technology Fund 40.52 Equipment Replacement Fund-General 12,287.62 Equipment Replacement Fund-W&S 2,908.15 Equipment Replacement Fund-SW 11,805.12 General Fund 289,200.38 Library Special Fund 1,058.55 Library Special Fund-Zaruk Memorial 85.83 Motel Occupancy Tax Fund 915.74 Parks&Recreation Special Fund 13,952.05 Police Narcotic Account 876.12 Solid Waste Fund 37,052.31 Street Improvement Fund 54,572.87 CDBG Disaster Recovery Fund 0.00 2018 WW Project 18,296.82 Fire Special Fund 364.76 2020 Tax Notes Water Tower Project 607.69 2021 Street&Drainage Bond Fund 18,561.96 2023 Street&Drainage Bond Fund 54,610.69 2024 Water/Wastewater Bond Fund 86,739.75 SSES Project Fund 7,750.51 MCML Fund 7,171.76 Water&Sewer Fund 60,410.48 $ 775,229.51 RESOLUTION NO. 2025-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING ACCOUNT SIGNERS FOR THE CITY OF NEDERLAND'S TEXPOOL INVESTMENT ACCOUNT WHEREAS, the City of Nederland is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds;and WHEREAS, it is in the best interest of the City of Nederland to invest local funds in investments that provide for the preservation and safety of principal,liquidity,and yield consistent with the Public Funds Investment Act;and WHEREAS, the Texas Local Government Investment Pool ("Texpool/Texpool Prime"), a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act;and WHEREAS,Christopher Duque,who is an investment office and authorized representative of the City of Nederland,will resign as Nederland City Manager effective April 30,2025,and a new City Manager has not been appointed by the City Council. WHERERAS,it is necessary to add an additional authorized representative and investment officer. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The City's investment officers (city manager and finance director) are authorized representatives of the participant and are each hereby authorized to transmit funds for investment in Texpool/Texpool Prime and are each further authorized to withdraw funds from time to time,to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. Section 2. An authorized representative of the City may be deleted by a written instrument signed by two remaining authorized representatives provided that the deleted authorized representative(1)is assigned job duties that no longer require access to the participant's Texpool/Texpool Prime account or(2)is no longer employed by the City. Christopher Duque shall be deleted as an authorized representative of the City of Nederland effective May 1,2025. Section 3. The City may by amending the resolution add an authorized representative provided the additional authorized representative is an officer,employee,or agent of the City. The City Clerk is added as an authorized representative of the City of Nederland. Section 4. 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 5. This resolution shall become effective from and after its passage. PASSED AND APPROVED by the Nederland City Council this the 28th day of April 2025. ag(,_ei.,2_- 4,#, Don Albanese, Mayor City of Nederland,Texas ATTEST: Sod Joni Mnderwood, City Clerk jAPPROVE AS TO FORM Y: Chris Le�'s, City Attorney ``0u1unuuu,,,, c) 'idnit . - =.G.'. .� • �: ,, O ' F3 .,`, r