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August 11, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 11,2025 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 and the Pledges of Allegiance were led by Daniel Ward with Fellowship Church. A moment of silence was held for late Chief Gary Porter who recently passed away. Police Chief Terry Morton was recognized for this 40th work anniversary with the City of Nederland. 3. CITIZEN COMMENTS Daniel Jeans, 8659 Holmes Rd., expressed pride in being a Nederland citizen and said the city is headed in the right direction. He discussed his role as executive director of the H.O.W Center (Honesty, Open-Mindedness, Willingness) in Beaumont and promoted their upcoming golf tournament fundraiser. Mr. Jeans also requested the installation of a crosswalk at 21'St.and Highway 365,on the east side. Jolei Shipley, 8765 Holmes Rd., inquired about an issue from two meetings ago regarding a permit for a building in a residential area on Canal Street that was tabled. She requested this be put back on the agenda for action. Tamika Williams, 3081 N 32i1 St., discussed an issue she had with being pulled over regarding temporary vehicle tags and registration. She expressed concern that police officers may not be fully aware of new laws regarding this. 4. EXECUTIVE SESSION Minutes continued, August 11, 2025 The regular meeting was recessed at 6:10 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,Deliberations regarding candidates and search process for City Manager;Deliberation Regarding Economic Development Negotiations, Chapter 551.087, 1308 Boston Avenue. Mayor Darby stated deliberation regarding 1308 Boston Avenue should be under Chapter 551.072,Real Property. 5. RECONVENE The regular meeting was reconvened at 6:53 p.m.by Mayor Darby. 6. A motion was made by Councilmember Jones and seconded by Mayor Pro Tern Ortiz to not renew the real estate contract with Coldwell Banker for 1308 Boston Avenue on August 18,2025. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. 7. REGULAR AGENDA NEW BUSINESS a. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to approve the Minutes of July 28, 2025 regular meeting and July 23, 2025 budget workshop meeting,as presented. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. b. A motion was made by Councilmember Duplant and seconded by Councilmember Jones to authorize the submission of a Wilton and Effie Mae Hebert Foundation grant application. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. c. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to approve a request from Johnny Powell for an extension until September 30, 2025 to comply with previous city directives. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. d. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to approve final payment and release of retainage for the S. 5th Street Improvements project, in the amount of$204,925. MOTION CARRIED. 2 Minutes continued, August 11, 2025 AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. e. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern Ortiz to approve an engineering agreement with Westwood for the 2025 Lift Station Improvements project,pending legal review. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. Jim Roberts with Westwood gave a presentation on the 2025 Lift Station Improvements project. He stated our lift stations are approximately 25 years old and have met their life expectancy. Westwood will be replacing the facilities with no additional capacity but will be more efficient. f. DeShawn Armstrong, Customer Service Manager for Entergy, gave a presentation on street light outage reporting and storm readiness. He discussed how to report outages using their mobile app and website . g. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern Ortiz to approve the closure of Boston Avenue between 15th Street and 17th Street for the Nederland Economic Development Corporation's Fall Concert Series. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. h. A motion was made by Mayor Pro Tern Ortiz and seconded by Councilmember Jones to approve the closure of Boston Avenue between Twin City Highway and 14th Street and all intersections on Saturday, October 18, for the Nederland Economic Development Corporation's Fall Market. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. i. Greg Miller, 1404 Helena Avenue, commented that some of the City's employees are not properly trained for streets and water/sewer work. He stated that the ditches are not being properly dug out and will not hold any volume. The City is lacking many city services, such as the installation of culverts in ditches. Jolei Shipley requested updates on ditch digging and smoke testing be placed on future agendas. She stated she was appointed to the Infrastructure Committee and wanted to know what type of committee they were, what their purpose was and if bylaws were needed. She also asked if notices of their agendas needed to be posted. Chris Leavins stated that it is not a requirement,but it is a good practice to follow. 3 Minutes continued, August 11, 2025 Angela Fanette, 1016 N. 31'St.,requested an update on the sanitary sewer project. Keith Bass, 2415 Avenue E, commented that the ditch digging has not been completed throughout the city. He stated his mother's home had sewage backup and city workers were unable to respond due to it being after 9:00pm. j. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to reappoint Steve Gentile, Ron Minaldi and Boyd Meier to the Construction Board of Appeals. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. k. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to approve Ordinance No.2025-13,regarding mowing debris. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. 1. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tern Ortiz to approve Ordinance No. 2025-14, amending the fiscal year 2024-2025 budget. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. m. George Wheeler, Chief Building Official, stated event centers would go in C2 and C3 of the zoning text if added, with stricter parking requirements such as one space for every 100 square feet of floor area. The definition of event center is a premise which is frequently rented out for public or private activities, is not repeated on a weekly basis and which is not open to the public on a daily basis. They would require a specific use permit. Mayor Pro Tern Ortiz stated he feels the City should focus on our zoning ordinances and creating a comprehensive plan that is not outdated before we move forward with anything else. Item 7.m—Amending the zoning text by adding a new land use Events Center to table 13.2 "Schedule of permitted uses" with the appropriate parking group failed to receive any motions from Council. n. Fiscal Year 2025-2026 Budget i. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to approve Resolution No. 2025-11, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2025 and ending September 30, 2026 and calling for a Public Hearing to be held on August 25, 2025 at 6:00PM at Nederland City Hall (207 North 12th Street) for the purpose 4 Minutes continued, August 11, 2025 of discussing the proposed budget as per Article VI of the City Charter. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. ii. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to approve the proposed tax rate of$0.451000 for the fiscal year beginning October 1, 2025 and ending September 30, 2026. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. iii. A motion was made by Councilmember Sonier and seconded by Councilmember Duplant to schedule tax rate adoption dates: • Monday, August 25, 2025 at 6:00 p.m. (regular meeting) at the Nederland City Hall—Public Hearings. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. iv. A motion was made by Councilmember Jones and seconded by Councilmember Sonnier regarding the proposed tax rate and establishing the dates of Monday, August 25, 2025 at 6:00 p.m. at Nederland City Hall for public hearings. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. ATTENDING VIA ZOOM: Councilmember Sonnier. 8. ADJOURN There being no further business a motion was made by Mayor Darby to adjourn the meeting at 8:28 p.m. '''i .1w aiPro-T . City of Nederland, Texas ATTEST: 40 UhtleAAVOyi n\‘‘O*, iv�Q Joni nderwood, City Clerk ���� . •e, City of Nederland, Texas 4 c.a . i)en nq .c '" OF ]EF\,.�`�\,. 5 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 ✓tia Zoor✓! Jeff Ortiz Council Member—Ward IV Cheryl Dowden Interim City Manager I Joni Underwood City Clerk Chris Leavins City Attorney Heather Stucker Director of Finance Rod Carroll Police Chief Terry Morton Fire Chief Robert Woods Director of Public Works c/ George Wheeler Building Official f Jacob Pitts Inspections Adm.Secretary Molli Hall Librarian ✓ Stephanie Gaspard Human Resources Director Toby Latiolais Parks Director V 46VP. D , ayor UnLOi Joni Underwood, City Clerk — I1 5 Date CITIZEN COMMENTS SIGN-IN SHEET NAME ADDRESS --C. 1.4 c 1 '_ozA 5 8 6 Cc) (y`.'iwc j2 c cX J A/<c.XR!'lc--C ORDINANCE NO.2025-13 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 54 — HEALTH AND SANITATION, ARTICLE HI. - SANITATION, TO PROHIBIT YARD WASTE UPON CITY PROPERTY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: • WHEREAS,in accordance with the Charter of the City of Nederland,Texas(the "City"),the City has the power to make and enforce all police,health,sanitary and other regulations, may pass such ordinances as may be expedient for the protection and maintenance of good government, peace and welfare of the City, may provide suitable penalties for the violation of any ordinance enacted by the City, and may exercise all municipal powers,functions,rights,privileges and immunities; WHEREAS, under Section 51.001 of the Texas Local Government Code, the City Council may adopt,publish,amend,or repeal an ordinance,rule,or police regulation that is for the good government,peace,or order of the municipality; WHEREAS,under section 342.003 of the Texas Health&Safety Code,the City Council may regulate the cleaning of a building, establishment or ground from filth, carrion,or other impure or unwholesome matter; WHEREAS,the City desires to protect drainage within the City and help ensure the safety of motorcyclists and other road users by preventing slippery surfaces and maintaining clear roadways and sidewalks;and WHEREAS, the City Council determines and finds that it is the public's best interest and in support of the health,safety,and general welfare of the citizens of the City that these amendments be enacted to address yard waste on City property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND THAT: Section 1. Amendment. Chapter 54 — HEALTH AND SANITATION, ARTICLE III.-SANITATION,is hereby amended as follows: Secs.54-78 is hereby added and shall read as follows: Sec.54-78.—Yard waste on City property (a) It shall be unlawful for any person,the owner or the agent or representative of any nonresident owner of any lot or block of land or parts thereof or any other premises,whether vacant or occupied within the municipal jurisdiction of the City,to cause or allow any yard waste to be placed,disposed of,or remain on any City property, including but not limited to any roadway, right-of-way, easement, alleyway or sidewalk. For purposes of this Section, "yard waste" means leaves, grass clippings, dirt, soil, weeds, flowers, plants, yard and garden debris,and brush,including clean woody vegetative material. (b)Any person who is found to have violated any provision of this section shall, upon conviction,be punishable by a fine as provided in Section 1-4 for each act of violation. The penalties in this section shall be cumulative and not exclusive of any other rights or remedies the city may have. Section 2. Severability It is hereby declared to be the intention of the City Council that the phrases,clauses,sentences,paragraphs and sections of this Ordinance be severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining Page 1 phrases, clauses, sentences,paragraphs or sections of this Ordinance, and the remainder of this Ordinance shall be enforced as written. Section 3. Proper Notice and Meeting It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. Section 4. Conflicting Ordinances All ordinances or parts of ordinances in conflict herewith are,to the extent of such conflict,hereby repealed. Section 5. Publication and Effective Date Pursuant to Section 12.02 of the of the City Charter of the City of Nederland,this Ordinance may be published at least twice in the official newspaper of the City. This Ordinance shall take effect from and after its passage by the City Council and publication. The City Clerk is hereby directed to give notice hereof by causing the descriptive caption and the penalty for violation thereof to be published in the official newspaper of the City. PASSED,APPROVED and ADOPTED on this the 11t day of August,2025. CITY OF NEDERLAND,TEXAS e s ey '.Darby,Mayor ATTEST: fwd Jonikinderwood,City Clerk APPRO I AS 1 FORM: ` (g. NED�pauwu"nrnui isto'' '1.Leavins,City Attorney =o��� r Page 2 ORDINANCE NO.2025-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2024- 2025 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2024-18 which adopted the Fiscal Year 2024-2025 City Budget;and, WHEREAS,the City Council deems it necessary to amend the current budget to increase expenditures as set out in Attachment"A"attached hereto;and, WHEREAS,the 2024-2025 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2024 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2024 and ending September 30,2025,and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council;and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2024-2025 is amended to allow for increases in expenditures as set out in Attachment"A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 11th DAY OF AUGUST,2025. 1/ 4lL effrey P. IP arby,Mayor City of Nederland,Texa• ATTEST: U/ 00-00 Joni Un erwood,City Clerk APPROVED TO .•RM: ....... Alf..4111/ -OVAO 1;T M: •""" •• • a �1 0 Chris Le Sir,City Attorney -/›.%.` �.c§ OFJEFFE ,,,'. 1 BUDGET ORDINANCE AMENDMENT—ATTACHMENT A GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30,2024,in the amount of$7,000 and increase line items as detailed below: INSPECTIONS DEPARTMENT Increase 01-24-00-6110 Salaries&Wages $6,000 Increase 01-24-00-6124 TMRS $ 500 Increase 01-24-00-6126 Social Security $ 500 Provide funds necessary to hire an Administrative Secretary for the remainder of fiscal year 2024-2025 for the Inspections Department. 2 aa, A. CITY OF NEDERLAND RESOLUTION 2025-11 A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30,2026. WHEREAS,the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the fiscal year beginning October 1,2025,and ending September 30,2026; and WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed or amended form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: That the budget as prepared and submitted by the City Managerforthe total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 6:00 p.m.,August 25,2025,to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the 11th day of August 2025. /Le 17/ D_rCy,Mayr City of ederland,T•xas ATTEST: td.PA.WOrg/g Joni Uni.erwood,City Clerk City of Nederland,Texas APPR• . • �� • •'M AND LEGALITY: •- e•yin y Attorney oko uNt ,0,,, City of Nederland,Texas .-, ...•, OF]..FF,...