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October 13, 2025 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. October 13,2025 1. MEETING The meeting was called to order at 5:30 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 Pastor Drew Weber, Wesley Methodist Church. 3. CITIZEN COMMENTS Michael Mitchell, Water Treatment Plant Supervisor, provided an update on recent water quality violation notices sent to residents regarding elevated TTHM and HAAS levels detected in June during a free chlorine conversion. He explained the violation was due to sampling timing issues and that current water quality is safe. The violation will continue for 1-2 quarters due to the locational running annual average calculation. More information will be posted online and residents can contact the water plant with questions. Charlie Hallmark, 614 N. 26th St., expressed concerns about drainage issues in the easement behind his property that have occurred since 2015 when the city repaired a sewer line. He requested the city address the problem, as it is causing flooding in his yard and increased flood insurance costs. Mayor Darby directed staff to develop a plan to address the issue. 4. REGULAR AGENDA NEW BUSINESS a. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to approve the Minutes of September 22, 2025 regular meeting and September 16, 2025 special meeting,as presented. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. Minutes continued, October 13, 2025 b. A motion was made by Councilmember Sonnier and seconded by Councilmember Duplant to approve an amended agreement with Westwood for the 2025 Sanitary Sewer Rehabilitation — Western Section project, subject to legal review. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. James Roberts of Westwood Professional Services presented an amended agreement for the 2025 sanitary sewer rehabilitation Western Section project. The revised proposal totals $651,000, an increase of $68,000 from the original proposal, due to underestimating the time required for the project scope. Council members asked questions about the reasons for the cost increase and timeline. After discussion, a motion was made to approve the amended agreement, subject to legal review. c. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to postpone consideration until the October 27th meeting regarding an engineering agreement with Westwood for the Wastewater Treatment Plant Facility Assessment project, to allow time for review of the proposal and potential cost reductions. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. d. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to accept donations from the Nederland Heritage Festival to the City of Nederland. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. Donations were made to various city departments totaling$38,184.14: -$2,477.04 to Animal Control for a dart gun -$9,012.88 to Fire and Rescue for escape air packs -$11,853.22 to Parks and Recreation for gym floor covering -$14,841 to Police Department for e-bikes e. Kay DeCuir, Executive Director of the Nederland Economic Development Corporation, gave a presentation on the EDC's Fall Market Day and Fall Concert Series. f. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to approve a request from the Nederland Rotary Club to utilize Doornbos Park for the annual Hooked on Fishing,Not on Drugs (HOFNOD) event. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. 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 and all intersections on Friday, October 31St for the Nederland Chamber of Commerce's "Trunk-R-Treat" event. MOTION CARRIED. 2 Minutes continued, October 13, 2025 AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. h. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to approve a request from Windsor Stamey with Helena Elementary to utilize the Nederland Recreation Center gymnasium for a field trip for the Helena Singers. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. i. A motion was made by Councilmember Sonnier and seconded by Councilmember Duplant to grant an extension until October 31, 2025, to Johnny Powell to comply with city directives. Additional extensions will not be granted. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,and Sonnier. NOES: Mayor Pro Tern Ortiz. j. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern Ortiz to approve the annual payment of the MCML Central Dispatch's portion of the Regional Radio System costs. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. k. A motion was made by Councilmember Sonnier and seconded by Councilmember Duplant to approve the annual payment of the City of Nederland's portion of the Regional Radio System costs. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier, and Ortiz. NOES: None. 1.. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to authorize the purchase of a Trash Truck for the Public Works Department via HGAC or other state-approved contract. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. m. Steve Jordan with Schaumburg & Polk gave an update on the smoke testing. They have found 825 leaks on the municipal side and 1,534 leaks on the private service side. The testing is almost complete and should be finalized by the end of this week. The hydraulic analysis phase will begin. n. A motion was made by Mayor Darby to appoint Rustin Penland to the Nederland Economic Development Board. Discussion was held. Councilmember Duplant stated that he was in opposition of replacing Kasey Taylor on the board. Billy Neal, 1111 22nd St., stated he was in opposition of replacing Kasey Taylor on the board. 3 Minutes continued, October 13, 2025 Kasey Taylor, R T Technical,4484 Hodgson Rd, stated that the bylaws of the NEDC do not coincide with the bylaws of the city. She stated she has helped businesses in this town for 30 years and would like to continue to serve on the board. AYES: Mayor Darby. NOES: Councilmembers Duplant,Jones, Sonnier, and Ortiz. Kasey Taylor was reappointed to the Nederland Economic Development Board. o. The regular meeting was recessed and a Public Hearing was called to order at 6:41 p.m. by Mayor Darby for the purpose of discussing and receiving comments regarding the rezoning request from Nederland AC, Inc. to rezone four lots addressed as 1308 and 1216 South 27th Street being the split zoned lots with each lot having a front portion zoned C-2 Neighborhood retail commercial and the rear portions being zoned R-2 Duplex residential, each complete lot being requested to become C-2 Neighborhood retail commercial. Jolei Shipley, 8765 Holmes Rd., stated that zoning must be consistent with the city's master plan. Nolan Tipps, 2707 Ave M, stated that he is in support of approving the rezoning of the church property to enable them to begin construction. Pastor Wesley Jackson, 1308 S. 27th St., stated that surrounding residents did get notification and there were no oppositions. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:58 by Mayor Darby. p. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to approve the request from Nederland AC, Inc. to rezone four lots addressed as 1308 and 1216 South 27th Street being the split zoned lots with each lot having a front portion zoned C-2 Neighborhood retail commercial and the rear portions being zoned R-2 Duplex residential, each complete lot being requested to become C-2 Neighborhood retail commercial and to clarify that the entire properties are zoned C-2 Neighborhood retail commercial. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Duplant,Jones,Sonnier,and Ortiz. NOES: None. q. George Wheeler, Chief Building Official, provided an update on code enforcement actions related to a property at 2120 Avenue H that is suspected of having unpermitted multiple dwelling units. The property owner has appealed the enforcement action to the Zoning Board of Appeals,with a hearing scheduled for the following day. Mayor Darby requested that a fire and safety inspection be completed on this property. 5. EXECUTIVE SESSION 4 Minutes continued, October 13, 2025 The regular meeting was recessed at 7:12 p.m. by Mayor Darby for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with City Attorney—Texas Government Code, Chapter 551.071, Selection and contract negotiations regarding search firm for City Manager and Interim City Manager. 6. RECONVENE The regular meeting was reconvened at 7:40 p.m. by Mayor Darby. 7. No action was taken. 8. ADJOURN There being no further business Mayor Darby adjourned the meeting at 7:41 p.m. - ddir Je'rey P arby,Mayor City of Nederland, Texas ATTEST: - 1061,0W Joni (Underwood, City Clerk City of Nederland, Texas �����u�uluinU,,, 'oF ��P.44,,' 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 ✓ Jeff Ortiz Council Member—Ward IV Cheryl Dowden Interim City Manager ✓ Joni Underwood City Clerk ✓ Chris Leavins City Attorney ✓ Heather Stucker Director of Finance ✓ Rod Carroll Police Chief Terry Morton Fire Chief ✓ Director of Public Works George Wheeler Building Official ✓ Jacob Pitts Inspections Adm.Secretary ✓ Molli Hall Librarian Stephanie Gaspard Human Resources Director ✓ Toby Latiolais Parks Director V 4' J- -y P. Dara., Mayor IIALMW(V Joni Un erwood, City Clerk 10-13-25 Date