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May 12, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. May 12,2025 1. MEETING The meeting was called to order at 5:30 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 Tem 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 Mayor Pro Tem Sonnier and seconded by Councilmember Root to approve the Consent Agenda Item"a thru b" as presented. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. a. Minutes—April 14, 2025 regular meeting and April 28, 2025 special meeting b. Tax Assessor Collection Report—March 2025 4. REGULAR AGENDA a. Mayor Don Albanese thanked the city for allowing him to lead the council as Councilmember and Mayor for the last 16 years. He thanked each individual department as well as the Nederland EDC and also his wife, Peggy for all of their continued support throughout these years. b. 2025 City Election: i. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmeinber Duplant to approve Resolution No. 2025-05, canvassing and declaring the results of the general election held on May 3, 2025 for the purpose of electing a Mayor and Nederland Councilmembers for Ward II and Ward IV. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Minutes continued, May 12, 2025 ii. Cheryl Dowden, Interim City Manager, presented plaques to Mayor Don Albanese and Councilmembers Sylvia Root and David Guillot. iii. Mayor Jeffrey P. Darby and Councilmembers Britton Jones and Jeff Ortiz were sworn in by Judge Brad Burnett. iv. Mayor Darby nominated Councilmember Jeff Ortiz as Mayor Pro Tempore and all councilmembers voted. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. c. A motion was made by Councilmember Jones and seconded by Councilmember Ortiz to approve Ordinance No. 2025-08, setting the calendar for regular City Council meetings —May 2025 to April 2026. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. d. A motion was made by Councilmember Duplant and seconded by Councilmember Jones to approve Resolution No. 2025-06, authorizing account signatories for the City's TexPool Investment Account. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. e. The City Council Policies and Procedures for City Council Meetings Resolution was presented as revised by City Attorney,Chris Leavins. A motion was made by Councilmember Ortiz and seconded by Councilmember Jones to move the item to the floor. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. A motion was made by Councilmember Sonnier and seconded by Councilmember Duplant to amend Section 1.3 to reflect the time change to 6:00pm for city council meetings. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. Jolei Shipley, 8765 Holmes Rd, stated that Section 1.4 Special Meeting, is worded differently than our City Charter, Section 3.09. Mayor Darby stated the wording 'by giving written notice' would need to be amended. A motion was made by Councilmember Sonnier and seconded by Councilmember Ortiz to insert the word `written' to comport with the City Charter. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. Jolei Shipley recommended adding language to Section 2.24 by adding 'a time limit of three minutes unless otherwise invited by counsel.' A motion was made by Councilmember Ortiz and seconded by Councilmember Jones to insert the wording 'a time limit of three minutes unless otherwise invited by council.' MOTION CARRIED. Minutes continued, May 12, 2025 AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. A motion was made to approve Resolution No. 2025-07, as amended, adopting and establishing City Council Policies and Procedures for City Council meetings. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. f. A motion was made by Councilmember Sonnier and seconded by Councilmember Oritz to approve final payment and release of retainage for the Hilidale/Hill Terrace and Nederland Avenue project. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. g. A motion was made by Councilmember Jones and seconded by Councilmember Duplant to table indefinitely the purchase of a computer software application from GovWell Technologies, Inc. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 6:33 p.m. by Mayor Darby for the purpose of conducting an Executive Session as authorized by Texas Government Code, Personnel— Texas Government Code, Chapter 551.074,Discuss personnel—Appointment and employment of City Manager, Discuss personnel—Interim City Manager;Deliberations about Real Property—Texas Government Code, Chapter 551.072, 1308 Boston Avenue, 200 Block of N. 13th Street, 20 x 100 foot alley adjacent to 1023 Helena, 2007 Avenue B; Consultation with City Attorney — Texas Government Code, Chapter 551.071, regarding legal matters, pending of contemplated litigation, a settlement offer, or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. 6. RECONVENE The regular meeting was reconvened at 8:06 p.m. by Mayor Darby. 7. Councilman Sonnier stated that some clarification needed to be made on previous verbiage on a motion and made a motion that Cheryl Dowden is shown as a full-time city employee with the benefits of City Manager. This motion was seconded by Councilmember Jones. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 8. A motion was made by Councilmember Duplant and seconded by Councilmember Ortiz to provide a counteroffer, subject to legal review, to Heritage Express Car Wash, LLC, regarding the real property located at 1308 Boston Avenue. The amount offered was $580,000. MOTION CARRIED. Minutes continued, May 12, 2025 AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 9. A motion was made by Councilmember Sonnier and seconded by Councilmember Duplant to request a 30-day extension and upon refusal of the 30-day extension, to terminate the contract regarding the real property located at 200 Block of N. 13th Street. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 10. A motion was made by Councilmember Jones and seconded by Councilmember Ortiz to engage the firm of Germer PLLC for legal representation related to the arbitration with former City Manager, Chris Duque. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 11 ADJOURN There being no further business a motion was made by Mayor Darby to adjourn the meeting at 8:10 p.m. . // 7, [11 'Vff ey P R arby, Mayor City of Nederland, Texa ATTEST: 414) 11/1A-eAcavi Joni Underwood, City Clerk ` ,un a unr� City of Nederland, Texas `\\\` O�•NEDet,,,,�,/// •4 •4 2 i CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor 1/ Bret Duplant Council Member—Ward I cJ Sylvia Root Council Member—Ward II / Randy Sonnier Council Member—Ward III David Guillot Council Member—Ward IV V Cheryl Dowden Interim City Manager ✓ Joni Underwood City Clerk Chris Leavins City Attorney / Heather Stucker Director of Finance ✓ AY1dyAV-II6 l et A35j Si. chef _ A-sst s+. CWe-t l Gary Porter Police Chief ' V Terry Morton Fire Chief ,/ Robert Woods Director of Public Works ✓ George Wheeler Building Official ✓ Molli Hall Librarian ✓vca.-Zoom Stephanie Gaspard Human Resources Director / Toby Latiolais Parks Director ✓ Jeff Darby Mayor Britton Jones Council Member—Ward II Jeff I a iz Co iI Member Ward IV ✓ a / j eff arby, ayor 971a 4-01141 AI o nc1 Joni nderwood, City Clerk Sia-a.s Date RESOLUTION 2025-05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CANVASSING THE ELECTION RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD ON SATURDAY, MAY 3, 2025, FOR THE PURPOSE OF ELECTING A MAYOR AND COUNCIL MEMBERS FOR WARD II AND WARD IV WHEREAS, the City Council of the City of Nederland, Texas, adopted a Resolution calling an election to be held on May 3,2025 for the purpose of electing members to serve on the City Council of the City of Nederland,Texas,for Mayor,Ward II and Ward IV;and WHEREAS,the Mayor and Councilmembers for Ward II and Ward IV are to be elected for a term of three(3)years;and WHEREAS,said election was duly held at the time and at the places specified in the Resolution after due notice as required by law had been given: NOW,THEREFORE,BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT all independent candidates at the election to be held on the first Saturday in May,2025,for the municipal election scheduled for May 3,2025,was duly called and notice was given in accordance with the law and in accordance with the Resolution calling for said election. THAT the election was held in accordance with applicable state statutes and ordinances of the City of Nederland,Texas,and the following votes were cast: Mayor Early Voting Election Day Voting Provisional Ballot Total Jeff Darby 946 224 8 1178 Emmett Hollier 650 185 2 837 Councilmember Ward II Early Voting Election Day Voting Provisional Ballot Total Britton Jones 1044 249 8 1301 Sylvia Root 538 151 2 691 Councilmember Ward IV Early Voting Election Day Voting Provisional Ballot Total Jeff Ortiz 1120 277 7 1404 David Guillot 453 118 3 574 PASSED,APPROVED AND ADOPTED this 12th ••y of May,2025. Age / Don •::anese,Mayor City :f Nederland,Texas ATTEST: /�,�^" *-$ Joni Und rwood,City Clerk City of Nederland,Texas QC/ .•`� .'40 APPROV TO • RM: = q, i Z= q%C 106 ••it c�� c. Chris ea '■:,City Attorney '��,,,n,iii»» »`�� City of Nederland,Texas ORDINANCE NO. 2025-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SETTING REGULAR DATES FOR CITY COUNCIL MEETINGS TO BE HELD FROM MAY 19, 2025 THROUGH APRIL 27, 2026 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. 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 meetings shall begin at 6:00 p.m. on each of the following dates: May 19, 2025 June 9 and 23, 2025 July 14 and 28, 2025 August 11 and 25, 2025 September 8 and 22, 2025 October 13 and 27, 2025 November 10 and 17, 2025 December 8 and 15, 2025 January 12 and 26, 2026 February 9 and 23, 2026 March 9 and 23, 2026 April 6 and 13, 2026 Section 2. ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this 12TH day of MAY, 2025. 4‘/, Adol‘/ eff$'rby, Mayor City of Nederland, T- as ATTEST: -0/14C/144/4tabciii Joni Un erwood, City Clerk .\\V NED�c�Q• City of Nederland, Texas ti•p �� 2 APPROV D AS T FORM: o. �G�1��� . pS „QF 3EF„0,. Chris Lea ' s, City Attorney City of Nederland, Texas RESOLUTION NO. 2025-06 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 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. 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 Interim City Manager 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 122'day of May,2025. el, / eff D./by,Mayor City of Nederland • ATTEST: O ,L Joni derwood,City Clerk APPROVED AS TO FORM: Chris Leavins,City Attorney �o0uwuO1fiili '�pF NEDF''• �% OF]EFF 'l/Jllltll ll 1100 RESOLUTION NO.2025-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS, ADOPTING AND ESTABLISHING POLICIES AND PROCEDURES FOR CITY COUNCIL MEETINGS WHEREAS,the City Charter of the City of Nederland,Texas(the"City")provides that the City Council shall determine its own rules and order of business; WHEREAS, the City Council believes that certain policies and procedures should be established for City Council meetings; WHREAS,the City Council desires to adopt and establish the policies and procedures set forth on the attached Exhibit"A",which is incorporated by reference as if fully set forth herein(the "Policies and Procedures");and WHEREAS,the City Council affirmatively finds that the Policies acid Procedures are for a valid public purpose and are in the best interest of the City and.its citizens.' NOW,THEREFORE,BE IT RESOLVED by the City Council for the City of Nederland, Texas,that: 1. Adoption of Recitals.The City finds that the recitals set forth above are incorporated herein for all purposes and are found to be true and correct. 2. Policies and Procedures Adopted and Established. The Policies and Procedures are hereby approved,adopted and established. 3. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public and that public notice of the time,place and purpose of said meeting was given as required by law. 4. Effective Date. This Resolution shall take effect immediately upon its passage. PASSED and APPROVED this 12th day of May,2025. CITY OF NEDERLAND,TEXAS 1//�' './ y LR P arby,Mayor • ATTEST: Joni nderwood,City Clerk \tiJQ .... Ql',,,'' APPRO D TO r RM: aG / h,OF JEFF\\ ,rnrrri mu,,,,, p i• I. eavins,City Attorney Resolution Page 1 CITY OF NEDERLAND, TEXAS POLICIES AND PROCEDURES FOR CITY COUNCIL MEETINGS Sectio 3.11 of the City Charter of the City of Nederland,Texas provides that the City Council shall determine its own rules and order of business. These rules, policies and procedures are adopted and established under and by the authority of the City Charter and Texas law, including provisions of the Texas Government Code. These rules, policies and procedures may be amended or new rules, policies and/or procedures adopted by a simple majority vote of the members of the City Council present. ARTICLE I. General Rules of Procedure 1.1. Meetings to be Public All meetings of the City Council shall be public and notices thereof shall be posted as provided under the Texas Government Code, Chapter 551, Open Meetings Act, as amended. 1.2. Conduct of Meetings Meetings of the City Council shall be conducted according to the rules adopted by the City Council, as well as the terms and provisions of Robert's Rules of Order, as amended, and when not inconsistent with the rules,policies and procedures set forth herein. 1.3. Regular Meetings Regular meetings of the City Council shall be on the second and fourth Monday of each month at 6:00 PM. City Council may, by majority vote at a regular or special meeting, change the days or times of meetings as circumstances may necessitate. 1.4. Special Meetings. The Mayor, City Manager or three (3) members of the City Council may call a special meeting by giving written notice to the City Clerk who shall notify each member of the City Council of the time of such meeting and purpose thereof. Only matters mentioned in the call shall be considered. 1.5. Executive Sessions Executive Sessions are sessions closed to the public. Such sessions are permitted for the purpose of discussing matters enumerated in Texas Government Code, Chapter 551, Open Meetings Act, as amended. 1.6. Old Business and New Business The agenda for a Regular Meeting shall include a section for "Old Business" or "Unfinished Business"to address items previously on a City Council agenda that have not been finally resolved or acted upon and that the Mayor or City Council desire to be brought back for further discussion and/or action. The agenda for a Regular Meeting shall also include a section for"New Business" for all other items to be discussed or considered by City Council. Policies and Procedures Page 1 1.7. Placement of Items on an Agenda The Mayor,any Councilmember or the City Manager may place an item on the agenda by sending the item to the Mayor and City Manager. Typically, this should be done at least forty-eight (48) hours before posting of the agenda. The name of the sponsor or proposer of the item on the agenda shall be shown after the agenda item. 1.8. Preservation of Order The Mayor shall preserve order and decorum and, if necessary, shall cause any person speaking out of order or disrupting the order of the meeting to be silenced or removed from the City Council Chambers. ARTICLE II. Citizen Participation and Comments 2.1. Purpose It is the desire of City Council to hear from the residents of the City of Nederland, to stimulate discussion and to offer a forum for cordial and meaningful insight and/or debate on matters that are properly before and considered by City Council. As provided by Section 551.007(b) of the Texas Government Code, the City Council shall allow each member of the public who desires to address the City Council on an agenda item to address the City Council regarding the item at the meeting before or during City Council's consideration of the item. As provided by Section 551.007(c) of the Texas Government Code, the City Council may adopt reasonable rules regarding the public's right to address City Council under Section 551.007, including rules that limit the total amount of time that a member of the public may address the City Council on a given item. 2.2. Rules for Citizen Comments 1. An individual that desires to address City Council shaII sign-in before the meeting with their name and address. They shall also indicate if they request to speak on a specific agenda item or general public comment. 2. Before an individual may speak, they must first be recognized by the Mayor. Upon recognition,the person speaking shall hold the floor and make reasonable efforts to make their point clearly and succinctly. 3. An individual addressing City Council shall stand at the podium and must speak into the microphone. The individual must first state their name and address. Policies and Procedures Page 2 4. Each speaker is limited to a maximum timed limit of three(3)minutes unless otherwise invited by council. 5. An individual speaking on an agenda item shall restrict their comments to the subject matter listed. 6. An individual speaking on non-agenda items must address such items during the public comment section of the agenda and shall only speak on matters pertaining to city business or issues which City Council would have the authority to act upon if brought forth as an agenda item on a subsequent agenda. 7. City Council may not act upon or discuss any issue brought forth as a non-agenda item except to: a. Make a statement of specific actual information given in response to the inquiry;or b. A recitation of existing policy in response to the inquiry. Any deliberation of or decision about the subject on the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting or direction to City staff to review. 8. Proper respect, decorum and conduct shall prevail at all times. Irrelevant, impertinent, overly redundant, slanderous or personal attacks are strictly prohibited and violators may be removed from the City Council Chambers. 9. Arguing, intimidation or other disruptive behavior is prohibited. Discussion and debate are acceptable only on items specifically listed on the current agenda. 10. The Mayor presides over the City Council meeting and ensures proper conduct and decorum is in compliance with these policies and procedures. Policies and Procedures Page 3