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June 22, 2026 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. June 22,2026 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. 2. INVOCATION AND PLEDGES OF ALLEGIANCE The invocation was led by Mayor Pro Tern Sonnier and Pledges of Allegiance were led by Mayor Darby. 3. Executive Session was moved to the beginning of the meeting. EXECUTIVE SESSION The regular meeting was recessed at 5:32 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 Appointments: City Attorney, City Clerk, City Manager,Director of Finance, Municipal Court Judge, and Police Chief. 4. RECONVENE The regular meeting was reconvened at 6:35 p.m. by Mayor Darby. 5. APPOINTMENTS a. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Sonnier to authorize the following appointments: Richard Hughes, City Attorney; Joni Underwood, City Clerk; Heather Stucker, Director of Finance; Larry Dowden, City Judge; and Rod Carroll, Police Chief. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Stratton,Jones,Sonnier, and Ortiz. NOES: None. b. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Sonnier to set salary for City Attorney Richard Hughes at $8,000.00 a month and to set salary for City Judge Larry Dowden with a 3% cost of living increase over his current salary, beginning October 1, 2026; MOTION CARRIED. AYES: Mayor Darby,Councilmembers Stratton,Jones,Sonnier, and Ortiz. NOES: None. Minutes continued, June 22, 2026 6. CITIZEN COMMENTS Christopher Boone, 416 3rd Street, stated that he was having an issue with the number of dogs or pets allowed in the city. He stated that he conducted a Facebook poll and 72%of respondents were not aware of the pet limit and thought it was unfair. " He also raised concerns about unequal code enforcement. Susan Toney, 504 Carriage Lane, stated she believed the city has a right to determine limits on the number of pets and expressed her concerns about the lack of responsible pet ownership. She concluded by suggesting that the city animal advisory board might be a platform to discuss,receive suggestions, and make recommendations to council on any ordinance changes or additions. Bob Klinger addressed the Mid-Jefferson Hospital property, noting there are signs all over the place for apartments and hotels which are not permitted uses. Jolie Shipley, 8765 Holmes Rd., requested council receive printouts of actual inspections from GovWell showing addresses of inspections and dates. She also stated that code enforcement should be focused on important infractions in code violations and referenced the February 2025 report about the northwest quadrant and rain infiltration into the sewer system. 7. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:57 p.m. by Mayor Darby for the purpose of discussing and receiving comments regarding amending Table 12.2, Schedule of Residential Height and Area Regulations, by increasing the minimum lot width requirement for R-2 Duplex zoning; amending Section 30, Definitions, to add and define Cargo/Storage/Shipping Containers; and amending Section 11.2, Regulations Applicable to All Zoning Districts; to add and regulate Cargo/Storage/Shipping Containers. Jacob Pitts, Chief Building Official, stated a public hearing had been held at the Planning and Zoning Commission approximately two weeks prior,with multiple people attending to speak.on these items. He stated that the shipping container issue arose from multiple citizens calling to ask if they could.use shipping containers as storage sheds instead of traditional storage buildings. City Manager,Manny De La Rosa suggested that a town hall meeting on a Saturday at the library might generate more public input, noting that only six people attended the Planning and Zoning meeting. Councilmember Stratton voiced strong opposition to new duplexes and would like to see more single-family housing, not multi-family housing. Jackie.Toops, 613 N. 14th St., expressed frustration with delays, stating that citizens have been asking for action on duplex lot sizes for months. 2 Minutes continued, June 22, 2026 Councilmember Ortiz expressed strong opposition to any more multi-family housing in the city. Bob Klinger, 1140 Kent Ave, expressed frustration with delays and stated he was also opposed to any more multi-family housing in the city. Mayor Darby clarified that the matter before the council was strictly to increase lot width from 80 to 125 feet, and that no action could be taken on eliminating duplexes entirely as that was not properly noticed for this public hearing. Mayor Darby closed the public hearing at 7:34 PM. He indicated that this item would be placed on the July 13th agenda for voting on these three proposed amendments. 8. 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 Tern Sonnier and seconded by Councilmember Ortiz to approve the Consent Agenda Items "a through d" as presented. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Stratton,Jones,Sonnier,and Ortiz. NOES: None. a. Minutes—June 8, 2026 regular meeting b. May 2026 Departmental Reports c. Tax Assessor Collection Report—April d. Financial Report April 2026 9. REGULAR AGENDA r NEW BUSINESS a. Manny De La Rosa, City Manager, provided progress reports to Council on the Public Works engineering projects. He discussed updates on the Water Plant Clarifier #1 Rehab, Sewer Line Rehab Planning (Western 20% of City), Sanitary Sewer System Study, Wastewater Lift Stations, Wastewater Treatment Plant Facility Assessment, Wastewater Treatment Plant Centrifuge Replacement, Allen Meadows Drainage Improvements, Shelly Drive Drainage Improvements, Hardy Avenue Drainage Improvements, Street/Concrete/Sidewalk Improvements and Avenue D Sewer Line Replacement project. David Wedgworth, 712 Carriage Lane, asked how the various engineering projects were being tracked beyond monthly reports from contractors and expressed concern about potential change orders: Angela Fanette, 1016 N..31St St., stated that she and others could not flush their toilets during the rain event the previous Sunday and asked when actual construction would begin to repair sewer problems. 3 Minutes continued, June 22, 2026 b. Fred Bell,Public Works Director,provided a brief overview of the TCEQ violation letter sent to water customers. He explained this was the third and final letter required by TCEQ as a result of an incident in June of last year when routine random testing showed a violation.As a result,TCEQ set rules into place and staff took measures including more frequent flushing of the system due to many dead ends. Water Treatment Plant Supervisor Michael Mitchell explained that the violation was based on the locational running average and emphasized the water is safe and all requirements are being met. He confirmed this was the last letter and the city is in compliance. Councilmember Jones clarified the confusing timeline for the public: the violation occurred in.June 2025, the first letter went out in October,and even though the issue was corrected and real-time water has not been in violation since June 2025, TCEQ mandates continued letters be sent quarterly. c. Fred Bell, Public Works Director, reported that the city recently received several complaints about yellow-colored water. The Water Plant began testing and communicating with all plants receiving water from LNVA (Lower Neches Valley Authority). Mr. Mitchell provided technical details and stated the plant meets and exceeds TCEQ's standards. d. William Spell,IT Director, reported on progress of GovWell, a work order system being implemented for code enforcement and Public Works. A hard launch is planned for the following Monday (approximately one week away) and will also be utilized by council. Jolei Shipley questioned whether citizens will be able to report issues they are having within the city through the GovWell program. Mayor Pro Tern Sonnier requested that the.GovWell program be fully active by September 1, 2026. e. ° A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Ortiz to approve Resolution 2026-09, which authorizes, approves and ratifies agreements with Energy Transfer (ET) Nederland Terminal, LLC regarding the City's closure, and permanent removal of the Nederland Police Department (NPD) Shooting Range and restoration of the Range property and ET's payment for a membership in a club shooting range for NPD officers' training and; further, granting approval and authority for all closing documents related to such agreements to be executed by the City Manager, including the Third Amendment and Fourth Amendment. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Stratton,Jones,Sonnier, and Ortiz. NOES: None. f. Discussion was held regarding renewing the Fire Protection Services Agreement between the City of Nederland and Industrial Safety Training Council (ISTC). City Manager De La Rosa explained that ISTC is not located within the city limits or the city's ETJ and that technically,we have no statutory authority. There is a path forward to provide them city 4 Minutes continued, June 22, 2026 services and the information has been shared with Fire Chief Terry Morton, noting it is not very costly if ISTC chooses to pursue it. He noted the city would be assuming a certain amount of liability exposure. No action was taken on this item. g. Discussion was held regarding potential revisions to Section 2.04.06, Emergency Closings of the Personnel Policy. City Manager De La.Rosa explained that the personnel policy was adopted in 2008 and needs changes requiring amendments. The current emergency closing section allows the city manager to declare emergency closings but lacks detail on compensation. Stephanie Gaspard, HR Director, explained that previous policy created problems when employees were told not to come to work due to bad weather or emergencies but were not paid or had to take vacation days. Key provisions of the proposed policy include: Full-time non-essential employees scheduled to work during an official closure would be paid for their regular scheduled work hours during the closure (no more than their regular time). Essential personnel are designated by department directors_with city manager approval and are notified upon hire and whenever designation changes. Full-time, non-exempt essential personnel required to work during an official closure would receive their regular.rate of pay for all hours worked during regularly scheduled shifts,plus an additional hour of pay at their regular rate for each hour worked during the official closure period (essentially double time). Any overtime under. Fair Labor Standards Act would be calculated separately. Full-time exempt essential personnel required to work during an official closure would receive one hour compensatory leave for each hour worked during the official closure period. Ms. Gaspard noted that police and fire department employees are covered by collective bargaining agreements (CBAs) which prevail over policy, though civilian employees in those departments would be covered by this policy. A motion was ,made by Councilmember Jones and seconded by Councilmember Ortiz instructing staff to prepare'the revised ordinance with discussed changes and present to council for approval. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Stratton,Jones,Sonnier,and Ortiz. NOES: None. h. Discussion was held regarding 'the collective bargaining agreement with the Nederland Police Officers' Association. Stephanie Gaspard, HR Director, summarized the changes to the policy. 5 Minutes continued, June 22, 2026 A motion was made by Councilmember Jones and seconded by Councilmember Stratton to approve the collective bargaining agreement with the Nederland Police Officers' Association. MOTION CARRIED. AYES: Mayor Darby,Councilmembers Stratton,Jones,Sonnier, and Ortiz. NOES: None. i. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Jones to approve Resolution 2026-10 and an agreement with Rene Bates Auctioneer to sell or dispose of surplus consisting of various vehicles and equipment from the Police Department. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Stratton,Jones,Sonnier, and Ortiz. NOES: None. j. City Manager De La Rosa stated there is no action at this time on Resolution 2026-11 to obtain Athena, K-9, from Officer Tiffany Villasana's donation agreement. k. City Manager De La Rosa stated there is no action at this time on appointing/reappointing members to the Zoning Board of Appeals. 1. City Manager De La Rosa stated there is no action at this time on appointing/reappointing members to the Planning and Zoning Commission. m. Kirk Johnson, 1116 N. 22"a St., discussed an issue he was having with an open records request he submitted to the Nederland Economic Development Corporation. Mr. Johnson had requested a copy of the purchase agreement regarding 111 Boston Avenue and was told that the document has been destroyed. City Manager De La Rosa suggested the proper procedure would be for Mr. Johnson to file a complaint with the Texas Attorney General's Office to begin the complaint process. 10. ADJOURN There being no further business Mayor Darby adjourned the meeting at 9:46 p.m. eff ey P. arby, Mayor City of Nederland, Texas ATTEST: cLbda4ws Joni Uttderwood, City Clerk > LniiO�,,%,� City of Nederland, Texas ,,,y.4'°�,,•,.� ., .•� / p �gDA14lIIIIIUo\` 6 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Jeffrey P. Darby Mayor Curtis Stratton Council Member—Ward I ✓ Britton Jones Council Member—Ward II Randy Sonnier Council Member—Ward III ✓/ Jeff Ortiz Council Member—Ward IV Manny De La Rosa City Manager �1 Joni Underwood City Clerk Richard Hughes City Attorney Heather Stucker Director of Finance t� Rod Carroll Police Chief Terry Morton Fire Chief ✓ Fred Bell Director of Public Works Jacob Pitts Interim Building Official Molli Hall Librarian ✓ Stephanie Gaspard Human Resources Director Toby Latiolais Parks Director al re P. Darb , Mayor lin,Ldava( Joni Und`rwood, City Clerk 6-22-26 Date CITIZEN COMMENTS SIGN-IN SHEET NAME ADDRESS \AAZ71-0V 41.(p 6usanl ioNgy &IQ �� ��1 �r I Z `'1 fl ath6 imps 61,5 hi, 1(444i-arm f- role NI Sh'(,p(ci An N, ) a-4N 1ecQ RESOLUTION NO. 2026-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS,APPROVING THE CLOSING AND REMOVAL OF THE NEDERLAND POLICE DEPARTMENTS SHOOTING RANGE AND THE RESTORATION OF THE RANGE PROPERTY AS RELATED TO THE PREVIOUS SALE OF 800, MORE OR LESS,ACRES OF LAND SOLD TO ENERGY TRANSFER NEDERLAND TERMINAL, AND APPROVING A NPD CLUB MEMBERSHIP IN A SHOOTING RANGE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS AND CLOSING DOCUMENTS RELATED THERETO. WHEREAS, Energy Transfer Nederland Terminal ("ET") and the City entered Into that certain Letter Agreement dated February 17, 2023, regarding the removal and relocation of the City of Nederland Police Department Shooting Range. WHEREAS,ET and the City entered into a First Amendment on May 7,2024,and a Second Amendment on November 12,2024,extending the time periods for removal•and relocation of the Shooting Range. WHEREAS,the City has permanently closed the Range and restored property as new as its original condition as reasonably practicable effective as of March 31,2026. WHEREAS,the City has entered into a binding membership for its police force in a shooting club In Jefferson County,Texas,as depicted and described In Exhibit"A"attached,at an acceptable sum considering all applicable factors. WHEREAS,the City Council has determined that the Third Amendment dated April 22,2025,and the Fourth Amendment dated May4,2026,to the original Letter Agreement dated February 17,2023,are acceptable according to their terms and conditions,as are all prior amendments and the original Letter Agreement, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1:THAT the Third Amendment dated April 22, 2025, and the Fourth Amendment dated May 4, 2026,are accepted and approved according to their terms and conditions,together with all prior amendments and the original letter dated February 17,2023. Section 2: THAT the binding agreement for the City's police force membership in a shooting club as described and depicted In Exhibit "A" attached is accepted, approved and ratified according to its terms and conditions. Section 3:THAT the Original Letter Agreement dated February 17,2023,by and between the City and ET is accepted and ratified according to its terms and conditions as amended. Section 4: THAT Nederland City Manager, Manuel De La Rosa, is authorized to execute the Third Amendment and the Fourth Amendment to the Letter Agreement dated February 17,2023,and any and all ancillary closing documents. PASSED and APPROVED on this 22"d day of June 2026. ffrey P. rby,Mayor City of Nederland,Texas ATTEST: �/ q /A, \\ \````�p�p�InAprrrrl'/ • Joni nderwood,City Clerk " City of Nederland,Texas :‘‘O.. EDF,'/:'? `9 rJ: \ •. APPROVED AS TO FORM: Richard D.Hughes,City Attorney '?�.OF ]�F� City of Nederland,Texas rr'grn n n u iva��� • • EXHIBIT A P.O.Box 6305 AN,• Beaumont,Texas 177264305 o � Qry Ph:(409)729.4842 asp Q" Emit glgcix@gmail.com April 20, 2026 Richard Hughes,City Attorney City Of Nederland 316 N. 13th Street Nederland,Texas 77627 • • • Re:Nederland PD • Dear Mr.Hughes: This letter Is to serve as confirmation that the Nederland Police Department Is a member In good standing with the Golden Triangle Gun Club.The Nederland Police Department became a member in March 2026 with 35 members. We look forwarzlto having them at long-term members with renewals each year.Please do not hesitate to contact me If I may be of further assistance. Very truly yours, FOR GOLDEN TRIANGLE GUN CLUB,INC. Richard Worthey President Director of Safety Pr Training • • • • • • Resolution 2026-10 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE CITY . OF NEDERLAND TO ENTER INTO AN AGREEMENT WITH RENE BATES AUCTIONEERS, MAKING FINDINGS OF FACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Nederland has excess assets that it wishes to auction; and WHEREAS,The City of Nederland desires to enter into an Agreement with RENE BATES AUCTIONEERS; and WHEREAS,The City Council finds that the Agreement will enhance fiscal policy. WHEREAS,The City of Nederland wishes to auction the following items: 1. 2008 BMW awarded to the Nederland Police Department as part of a narcotics investigation. (VIN 5UXFE43548L001462) 2. Twenty-Five 4-drawer file cabinets. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION 1. The City Council hereby authorizes the City of Nederland to enter into the Agreement with RENE BATES AUCTIONEERS. SECTION 2.The City Council finds that the Agreement is in the best interest of the City of Nederland. SECTION 3.This Resolution shall take effect immediately upon passage. PASSED AND APPROVED BY THE CITY COUNCIL TO THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 22nd DAY OF JUNE,2026. J ffr y .Darb ,Mayor City of Nederl nd,Texas ATTEST: Un,dUld Joni lfrderwood,City Clerk `°pF APPR VED AS TO FORM: Richard D.Hughes,City ttorneyOF 0�� '