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June 23, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 23,2025 1. MEETING The meeting was called to order at 6:00 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 John Ortiz and the Pledges of Allegiance were led by Mayor Darby. 3. CITIZEN COMMENTS There were no citizen comments received. 4. EXECUTIVE SESSION The regular meeting was recessed at 6:02 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, Discussion on search for City Manager; Discuss Personnel Appointments: City Clerk,Director of Finance,Police Chief, City Attorney, and City Judge. 5. RECONVENE The regular meeting was reconvened at 6:28 p.m. by Mayor Darby. 6. APPOINTMENTS: a. A motion was made by Councilmember Jones and seconded by Mayor Pro Tern Ortiz to appoint Rod Carroll as the Police Chief, starting salary at Grade 127, Step 5, with 4 weeks of vacation. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. Minutes of June 23, 2025 Councilmember Jones thanked Chief Gary Porter for his years of service and dedication to the City of Nederland. Mr. Carroll thanked the city for allowing him to service the citizens of Nederland and stated his goal of achieving accreditation for the department within two years. He will begin his employment within 3-4 weeks. b. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Ortiz to authorize the following appointments: Joni Underwood, City Clerk; Heather Stucker, Director of Finance; Chris Leavins, City Attorney and Larry Dowden as City Judge. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. c. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to set salary for Mr. Leavins at $5,250.36 a month and salary for Judge Dowden at $2,269.20 a month beginning October 1,2025. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 7. REGULAR AGENDA NEW BUSINESS a. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to approve the Minutes of June 9, 2025 regular meeting and June 9, 2025 special meeting, as presented. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. b. All departmental reports were reviewed. Susan Toney, 504 Carriage Lane, requested the animal control officer report show more details such as numbers for animal intakes, live releases, and euthanasians. Susan also wanted to discuss issues with after-hour calls for the animal control officer. Councilmember Sonnier requested to open the pool to the public on Sundays if there are no private parties booked. c. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to approve the Tax Assessor Collection Report for May 2025. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. d. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to approve the street closure of Avenue H between 23rd Street and 25th Street for the July 4th Celebration event. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. 2 Minutes of June 23, 2025 e. Appointments: Mayor Darby explained how the distribution of the appointments to the various boards are made, stating that each ward has an appointment as well as the Mayor. There are some issues with past appointments as some of the appointed board members do not live in their appropriate wards. Councilmember Sonnier stated he would like to validate this information as he had the understanding that the appointees did not need to live in their specific wards. Mayor Pro Tern Ortiz stated when he served on council in 2009- 2011,the appointments were ward-based. i. Planning and Zoning Board: Councilmember Sonnier stated he would like to look at the historical data on this position before making an appointment. He requested this appointment be placed on the July 14,2025 agenda. ii. Zoning Board of Appeals: Mayor Darby appointed Jacqueline Toups, effective immediately thru June 30, 2026, a one-year term. Councilmember Jones appointed Robert Klinger, effective immediately thru June 30, 2026, for a one- year term. iii. Construction Board of Appeals: Mayor Darby stated these positions are all at- large and appointments will be made at the July 14,2025 meeting. iv. Parks Advisory Board: Councilmember Duplant appointed James VanDevender, effective immediately, for the remainder of the term which ends January 31, 2026. Councilmember Sonnier appointed Keith Bass, to fulfill the vacant position, effective immediately, with the term ending January 31, 2026. Councilmember Jones appointed Heather Guidry, effective immediately, for the remainder of the term which ends January 31,2027. v. Civil Service Commission: A motion was made by Councilmember Jones and seconded by Mayor Pro Tern Ortiz to appoint Tom Lee, effective July 1, 2025, for a 3-year term, ending June 30,2028. vi. Nederland Economic Development Commission: Councilmember Sonnier and Mayor Ortiz requested these appointments be placed on the July 14, 2025 meeting. f. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to approve the final payment and release of retainage for the Nederland Swimming Pool Rehabilitation/Improvements project. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. g. A motion was made by Councilmember Duplant and seconded by Councilmember Jones to approve amending Ordinance No. 2020-20, Speed Limit for School Zones. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. Keith Bass, 2415 Avenue E, requested the installation of stop signs on S. 21st, 23rd and 25th St. due to increasing number of speeders on these streets. h. Appointments were made for the Infrastructure Committee. Mayor Darby appointed 3 Minutes of June 23, 2025 Angela Fanette. Councilmember Duplant appointed Curtis Stratton. Councilmember Jones appointed Greg Miller. Mayor Pro Tem Ortiz appointed Jolei Shipley. Councilmember Sonnier will be making an appointment on the July 14, 2025 meeting. i. Mayor Darby stated a city official is required to be on the Animal Control Advisory Committee. A motion was made by Mayor Pro Tern Ortiz and seconded by Councilmember Jones to appoint himself as the required city official representative for the committee. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. j. A motion was made by Mayor Pro Tern Ortiz and seconded by Councilmember Jones to approve the residency stipend pay of $125/month for unrepresented City employees who reside within the boundaries of the City limits, effective October 1, 2025. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. Stephanie Gaspard, Director of Human Resources, stated if both husband and wife are employed by the city, each would receive the stipend. If both the parent and adult child live in the same household and are employed by the city, the parent would receive the monthly $125 stipend and their adult child would receive a$75 `renter' stipend. Proof of home ownership would be needed. k. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Jones to approve the hiring of Baker Tilly Advisory Group, LP, to perform a forensic audit on the City of Nederland, in an amount not to exceed $78,000, with a city council scope of work. Any phone conferences with auditing firm will include the Mayor, Interim City Manager and one other councilmember. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Jones,Sonnier,and Ortiz. NOES: Councilmember Duplant. Councilmember Duplant suggested having an auditing firm perform a more `focused' audit which would be performed at a lesser amount. Councilmember Sonnier asked if the auditing firm could possibly review'at risk' areas only. UNFINISHED BUSINESS a. Jim Lancaster, Street and Shop Supervisor, presented maps of the culvert cleanout progress within the city. Mayor Pro Tem Ortiz stated the contractor should be working on Wards 3 and 4 at this time, not Ward 1. Mayor Darby commented that some of the ditches are not being dug out properly and the contractor will need to redo many of these ditches. Keith Bass stated the ditches are being dug out at 4" deep which is not deep enough and there is no grade shooting or slope. The entire area around Avenue E and 25t/23rd St. is holding water and residents are unable to cut their grass properly. Councilmember Jones asked Mr. Lancaster if the department had the needed tools and staff to clean out the 4 Minutes of June 23, 2025 culverts. {Councilmember Duplant had to leave the meeting at 8:OOpm} b. Barry Burns, Water/Sewer Supervisor, explained city procedures during rain events. He stated before rain events the crews are preparing for any flooding issues and respond to any overflow reports with cleanup. Mr. Bums stated we usually have one employee on call but will have two employees if they foresee the need. Mayor Pro Tem Ortiz suggested being more proactive and have more employees on call when heavy rain events happen. Councilmember Sonnier suggested staggering the employee schedules and looking at different options for staffing. Jolei Shipley, 8765 Holmes Rd (also 1436 Ave F, 1119 Jackson), stated she is concerned about the city's infrastructure. She has had sewer issues on her properties and has reported these issues to TCEQ multiple times. Mayor Darby stated these pipes have collapsed and are in need of repair. Mayor Darby and Mayor Pro Tem Ortiz requested to view the TCEQ reports. Mrs. Shipley stated if the report goes to Austin,the city does not receive a copy. c. Kenneth Morrison, Solid Waste/Animal Control Supervisor, stated a resident has reported a feral cat population issue in his neighborhood and has requested the city investigate this issue. Mr. Morrison stated the animal control department has traps that residents can utilize to catch the feral cats. Mayor Darby and Councilmember Jones stated we may need to purchase more traps for citizens to utilize. Don Albanese, 2305 Allan Court, stated the city has an ordinance restricting the number of animals per household to five. John Ortiz, 2811 Nashville, stated the city has no cat ordinance in effect at this time. Jacqueline Toups,613 N. 13th St., stated she is having a problem with feral cats and asked if the city has an ordinance requiring cats to have a collar. Mr. Morrison stated there is no city ordinance requiring a cat collar at this time. Susan Toney, 504 Carriage Lane, stated the biggest issue regarding the feral cat population is educating our residents. Residents should not put out food for these feral cats and she doesn't recommend cat collars as this can allow the animal to get hung up on something. 8. ADJOURN There being no further business a motion was made by Mayor Darby to adjourn the meeting at 8:37 p.m. 4.��' . P• by, Mayor City of Nederland, Texas 5 Minutes of June 23, 2025 ATTEST: • 410 C timiadaV Joninderwood, City Clerk City of Nederland, Texas oi„ OF 3 �Y,\\\\`\`' ��,lll g l I I I N �\` 6 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE 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 Joni Underwood City Clerk ✓ Chris Leavins City Attorney ,✓ Heather Stucker Director of Finance ✓ Andy Arnold Assistant Police Chief Terry Morton Fire Chief 37m Lim cc,s-Fe:, Iienne4h Morri'sa-n Garry Gt-'r'ns Robert Woods Director of Public Works ,r George Wheeler Building Official ✓ Molli Hall Librarian ✓ Stephanie Gaspard Human Resources Director ' ✓ Toby Latiolais Parks Director Iff . ‘e7' ie Jeffrey P. r arby, Mayor 11r rLALI Joni Und--rwood, City Clerk 6-23-25 Date .1).001%1 KATE CAREZO.f.',L, " •,: 44 , TAXAss4spoRcpp..4cTpa 4 JEFFERSON COUNh ,TIOCAS PEXN$ 81,OF Tmks totiNtv OF .Kate,c4r011,the Tax AaSessOr-Ailleetbr ofidferson-Cciuny,Texas,and.alio, :by coitro.aor statute, the Tax Assessor-Collector for CITY OF NERERLANW affirm, under oath, that this iamount $101,592 represents all.takes collected for CnrOF NEDERLAND during the tiondiof May2025,.. Kate'Catit011 MAILING APDREas P.O.Box 2 t 1:2. •BEAUMoNT,To.a.s 777-044.1,12 PHYSICAL ADDRESS,s-1149 PEARL • BEAUMONT;TEXAS 77701 PHONE:4098358510 „FAX 409;!8a574589 _ _ AMENDMENT TO ORDINANCE NO. 2020-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES - TRAFFIC AND VEHICLES BY PROVIDING FOR THE REGULATION OF TRAFFIC IN SCHOOL ZONES UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapters 542 and 545 of the Texas Transportation Code authorize cities to designate speed limits and school zones and to authorize signs and markings therein; WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to speed limits and traffic regulation in school zones; and WHEREAS, this ordinance is for a valid public purpose, promotes the public health, safety and welfare and helps to alleviate traffic hazards and to protect school children and others. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: Section I. Section 102-119. Speed limits for school zones of Chapter 102 of the Code of Ordinances is hereby amended with the following language: Sec.102-119. Speed limits for school zones. A twenty(20)miles per hour speed zone shall be maintained at locations listed within this ordinance and identified by signs reading:"TWENTY MILES PER HOUR 7:15 AM until 9:00 AM and 2:00 PM until 4:15 PM MONDAY THROUGH FRIDAY." For the purpose of this ordinance,this speed limit will apply each Monday through Friday from 7:15 a.m.to 9:00 a.m.and from 2:00 p.m. until 4:15 p.m.while school is in session or school activities are scheduled at the listed location as authorized by the Nederland Independent School District, which will include but are not limited to all regular school days, special attendance days,and Summer School being conducted at a particular campus. At other times,the speed limit shall be thirty miles per hour. The locations are as follows: a) Nederland Avenue from 300'northeast of South 9th Street to South 5th Street b) South 6th Street from Avenue E to Nederland Avenue c) North 12th Street from Detroit Avenue to Helena Avenue d) North 13th Street from Detroit Avenue to Helena Avenue e) Helena Avenue,150'northeast of 14th Street to 150'northeast of 12th Street f) Boston Avenue from 15th Street to 17th Street g) Nederland Avenue from 15th Street td 18th Street h) North 17th Street from Nederland Avenue to Detroit Avenue i) 21St Street from Nederland Avenue to Detroit Avenue j) Atlanta Avenue from North 17th Street to North 215t Street k) Detroit Avenue from North 17th Street to North 21st Street I) North 18th Street from Seattle Avenue to Spurlock Road m) North 27th Street from Gary Avenue to Memphis Avenue n) Helena Avenue from North 23rd Street to North 30th Street o) South 27th Street from Avenue N to Avenue G p) Avenue H from South 23rd Street to South 29th Street q) South 29th Street from 1300 block to 1500 block r) South 12th Street southbound from Avenue A to 100'south of the Alternative Campus property s) South 13th Street southbound from Avenue A to 100'south of the Alternative Campus property t) Avenue A between South 12th Street and South 13th Street u) Seattle Avenue from 175 feet west of S.215t Street to N.18th Street Section 102.120. Penalty Any person, corporation, or entity who violates this Ordinance by exceeding the applicable speed limit to a listed location shall be deemed guilty of a misdemeanor and upon conviction,shall be punishable by a fine not to exceed$200.00. Section II. Repealing Clause 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 III. Severability Clause 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 IV. Effective Date This ordinance shall take effect from and after its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,Texas this the 23RD day of June, 2025. %moi G f -y P. Darby,Mayor City of Nederland,Texas ATTEST: qvfrautdadore Joni U derwood,City Clerk ,,o`""�t1°O°°'�u''' City of Nederland,Texas ( ED ., .% - =`i _& r • APPROVED A TO FORM: - ••• R • /OF lE Chris to ns,City Attorney City of Nederland,Texas