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June 9, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 9,2025 1. MEETING The meeting was called to order at 6:02 p.m.by Mayor Darby 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 PLEDGES OF ALLEGIANCE The invocation was led by Mayor Pro Tern Ortiz and the Pledges of Allegiance were led by Mayor Darby. 3. CITIZEN COMMENTS Randy Greer, 2575 N 31' St., commented on state property tax abatements for large businesses and their effect on Nederland. Jolei Shipley, 8765 Holmes Rd, commented on city vehicles being used outside of city limits and stated citizens tax dollars should not be used to fund this expenditure. 4. REGULAR AGENDA NEW BUSINESS a. Mayor Darby recognized Cheryl Dowden, Interim City Manager and Heather Stucker, Director of Finance, for their fast and diligent work on the State and Local Fiscal Recovery Funds grant project issue. b. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to approve the Minutes of May 19, 2025 as presented. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. c. The Inspections departmental monthly report for April was presented by George Wheeler, Chief Building Official. Jolei Shipley requested that the number of monthly inspections be included on future reports. d. Discussion was held regarding the drainage and sanitary sewer issues occurring on May 30, 2025. Mayor Pro Tem Ortiz asked about the completion process on work orders. Jim Lancaster, Street & Shop Supervisor, stated that the service and main lines are Minutes continued, June 9, 2025 checked, then traced down to the big interceptors. Culverts are cleaned out as they are requested and approx.. 6.81 miles have been cleaned out at this point. There has been some delays due to the weather and personnel. Mayor Pro Tern Ortiz stated the city needs to have a proactive plan in place regarding the cleaning out of culverts. Councilmember Jones asked if we had the materials in stock to make the repairs and stated a budget amendment should be prepared in order to complete the needed repairs. Councilmember Sonnier also recommended a budget amendment for overtime, if needed, to get these jobs completed. Keith Bass, 2415 Ave E, stated the culverts are being dug out haphazardly, some are still blocked and have standing water in them with no flow. Mayor Darby stated the ditches need to be dug out perpendicularly, not lengthwise. Councilmember Duplant stated the contractor needs to complete this job accurately. Councilmember Jones requested that Chris Leavins, City Attorney, review their contract for a performance standard clause. Angela Fanette, 1016 N. 31St, suggested the city have one place to report sewer/rain event issues such as an email or dedicated phone line. She asked if a water inventory report of in-stock supplies has been created and suggested having a deadline to put a plan of action in place for sewer and drainage issues. Robbie Smith, 1620 Ave H, stated he has performed the streets supervisory job for 22 years and his crews were always out working when the rain events happened. He stated they routinely cleaned out the culverts to make sure of proper drainage. e. Renee O'Connor, 1131 Gary, stated that in past years, she received rapid response when making animal calls. When the prior animal control officer retired, this position was moved from the police department to the public works department (in 2013). Now the hours for the animal control officer are 7:00am to 3:30pm, closed on holidays. Ms. O'Connor stated that one responder may not be enough to facilitate our citizens now and also wants more info shown on the reports, such as the number of dog bites, injuries and overtime hours used for callouts. She requested the animal control officer position be moved back to the police department. Councilmember Jones asked for Cheryl Dowden to review the budget regarding making these changes. Susan Toney, 504 Carriage Lane, commented that our shelter has a 99.9% no-kill status and she agrees that the animal control officer needs to be under the direction of the police department. She also stated that our animal shelter is in need of some tools, such as a scale for the animals. Ray Herrera, 1140 Chicago Ave, stated he is having an issue with the cat population in his neighborhood. f. A motion was made by Councilmember Duplant and seconded by Councilmember Jones to approve the reinstatement of the Animal Advisory Committee. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. Councilmember Jones requested that a scale be purchased for the animal shelter. Minutes continued, June 9, 2025 g. A motion was made by Mayor Darby and seconded by Mayor Pro Tem Ortiz to approve the creation of an Infrastructure Advisory Committee. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. h. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to approve final payment and release of retainage for the "Tex Ritter Park Lighting"project. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. i. George Wheeler, Chief Building Official, stated the replat requester regarding Tract I- C-A Block 2 of Hillcrest Terrace Addition is wanting to decrease the size of the lot by carving out a 55 foot strip of land which would leave a 12 foot strip of land. The Planning and Zoning Board denied the replat request due to the size of the remaining lot. Scott Watjus, 2912 Nashville, stated there would be legal issues with this 12 foot strip of land as it would not meet the minimum standards on which to build a structure on. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to accept the recommendation by the Planning and Zoning Commission and deny the replat request regarding Tract I-C-A Block 2 of Hillcrest Terrace Addition. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. j. George Wheeler stated that at the Planning and Zoning meeting, several citizens commented on concerns they had regarding the drainage and sewer issues which they feel will arise from the proposed Shergar subdivision to be located at 1420 S. 29th St. Hani Tohme, P.E.,the developer with Golden Triangle Consulting Engineers, stated this subdivision would have 14 lots, homes in the price range of$300-400,000, and will put less water in the system than it actually does today. The retention pond would be 7.5 feet deep. Jolei Shipley commented the retention pond will not hold the capacity needed. This area does not currently drain well and this subdivision will not have `zero' impact on the surrounding properties regarding drainage. Angela Fanette stated the city's sewer system is already full of rain water and this subdivision will have an adverse effect on our current sewer system. Allen Trim, 2903 Ave 0, stated his street currently does not have ditches and this new subdivision will create more drainage issues for his neighborhood. Kathryn Tade, 2912 Ave 0, stated her street needs ditches, her neighborhood already has standing water when it rains and this new subdivision will adversely affect her area. Minutes continued, June 9, 2025 Fahemo San Quidro, 4207 Ave M, stated this project will bring new homes to our area, the retention ponds might also help the drainage in his area and we currently do not have any statutes in place that restrict new development of this kind. A motion was made by Mayor Pro Tern Ortiz and seconded by Councilmember Jones to reject the Planning and Zoning Board's recommendation to approve the submitted preliminary plat, Shergar Subdivision, to be located on the property known as 1420 S. 29th Street, due to the deviations. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Jones,and Ortiz. NOES: Councilmembers Duplant and Sonnier. k. Cheryl Dowden stated currently the City pays residency stipend pay monthly to employees in the police and fire departments who reside within Nederland city limits. The amounts agreed to per their collective bargaining contracts are $125/per month for homeowners and $75/per month for renters. There are an estimated 27 non-represented City employees who reside within the Nederland city limits. Considerations to consider are how unique household situations should be handled to ensure consistency, fairness and clarity for HR and payroll staff. For example, how would married couples who are both employed by the City receive the stipend? Will younger employees living with their parents receive the stipend? Currently,public safety workers who have Nederland addresses but live outside city limits do not receive the stipend. Mayor Pro Tem Ortiz stated other cities do this for their non-union employees. He feels that this would be a good morale-booster, and our employees need to know that they are appreciated. Councilmember Duplant asked if the surrounding cities offer this stipend to their non-union employees. This agenda item will be discussed again with possible action on the June 23, 2025 agenda. 1. Discussion was held regarding the hiring of a Forensic Auditing Firm. Mayor Darby stated a forensic audit is needed of our operation since we've had a long-term city manager leave and now have basically all new council members. The selection would be from a nationwide firm that would be able to point out problems and offer suggestions. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to begin the search process for hiring a Forensic Auditing Firm. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 8:51 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—Police Chief candidates; Deliberations regarding candidates and search process for City Manager; Deliberations about Real Property—Texas Government Code, Chapter 551.072, 1308 Minutes continued, June 9, 2025 Boston Avenue; Consultation with 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, including but not limited to: 1308 Boston Avenue. 6. RECONVENE The regular meeting was reconvened at 9:49 p.m. by Mayor Darby. 7. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to terminate the contract with SGR regarding the search for City Manager. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. Mayor Darby stated there will be an Executive Session agenda scheduled for Friday, June 13,beginning at 12:00 noon,to interview the Police Chief candidates. 8. Chris Leavins, City Attorney, stated the interested party regarding 1308 Boston Avenue has withdrawn their offer at this time. The property is still listed but there is no active offer. 9. ADJOURN There being no further business a motion was made by Mayor Darby to adjourn the meeting at 9:50 p.m. / 99 eey P •arby, ayor City of Nederland, Texas ATTEST: $10iii (, "/ Joni U derwood, City Clerk "`�tiiiiiiiti"''''• ,, City of Nederland, Texas ° ��F N66,.",,, .��'- CITY OF NEDERLAND COUNCILMEETINGATTENDANCE SHEET NAME TITLE PRESENT ABSENT Jeffrey P. Darby Mayor ✓ Bret Duplant Council Member—Ward I Britton Jones Council Member—Ward II Randy Sonnier Council Member—Ward III Jeff Ortiz Council Member—Ward IV Cheryl Dowden Interim City Manager t/ Joni Underwood City Clerk ✓ Chris Leavins City Attorney ✓ Heather Stucker Director of Finance Andy Arnold Assistant Police Chief Terry Morton Fire Chief Robert Woods Director of Public Works ✓A George Wheeler Building Official ✓ Molli Hall Librarian Stephanie Gaspard Human Resources Director Toby Latiolais Parks Director ✓ i4i J ffre . Darr', Mayor Q*146 U4aIv ° Joni t.nderwood, City Clerk 6-9-25 Date CITIZEN COMMENTS SIGN-IN SHEET NAME ADDRESS entrOl Orl mar �575 Wad`fj��4 Jo(LI ,gliLtllp1G(,i FEo(mes kd gal . 1,C77re27