May 22, 2023 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. May 22, 2023
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Albanese 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 PLEDGE OF ALLEGIANCE
The invocation and the Pledge of Allegiance was led by a Veteran of Foreign Wars
member.
3. 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 Guillot
to approve the Consent Agenda Item "a thru c" as presented. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
a. Minutes - May 8, 2023 regular meeting
b. April 2023 Departmental Reports
c. Consider action regarding a request from the Nederland Independent School District
for Langham Elementary School to utilize Tex Ritter Park for a school field trip.
7. COMMUNICATION
The Nederland Knights of Columbus made a presentation of checks to the Nederland
Fire Department and Nederland Police Department. Each department received
$1,400. The Nederland KC's received FEMA disbursements and wanted to contribute
this back to the community.
4. REGULAR AGENDA
a. Joni Underwood administered the Oath and Office to Bret Duplant, Councilmember
Ward I.
b. A motion was made by Councilmember Root and seconded by Councilmember
Duplant to amend the by-laws of the Nederland Economic Development
Corporation - qualifications of the members of the board of directors. MOTION
CARRIED.
Minutes continued, May 22, 2023
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Jeff Darby, 1515 N. 26th St., stated that this change in the NEDC bylaws was, in his
opinion, not a good idea. He also asked if the City has plans to annex any portion of
the ETJ. Mayor Albanese responded that the City does not have any plans to annex
at this time.
c. A motion was made by Councilmember Guillot and seconded by Councilmember
Root to approve renewing the Memorandum of Understanding between the City of
Nederland and the Texas Engineering Extension Service (TEEX) regarding Texas
Task Force One. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
d. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Sonnier to authorize the solicitation of bids for the Storm Sewer Improvements
(Seattle Avenue & 27th Street) project. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Melvin Beauchamp, 3112 Seattle, commented that he was concerned about water
retainage in his neighborhood. Rob Woods, Director of Public Works, stated that
the new underground pipe system has 24-30" pipes and will keep the water flowing
so there should be no water retainage in his area.
e. Discussion was held regarding the City of Nederland's Coronavirus Local Fiscal
Recovery Fund allocation.
The City of Nederland's Coronavirus Local Fiscal Recovery Fund allocation is
$4,304,289.72. Thus far, the City has allocated funds for the Non-Profit
Partnership Grant Program; noted its intent to allocate $2.5M to waterline and
sewerline project (the Public Works Director is finalizing the terms of these
infrastructure projects with the greater focus on replacing old waterlines); allocated
$50,000 to reimburse Adaptive Sports for Kids for the installation of artificial turf at
the Babe Ruth Park baseball field; allocated $325,000 for the purchase of an
inclusive playground at Doornbos Park; and allocated $25,000 to assist NISD with
mental health services for their students. This leaves approximately $1.06M of
funds that have not been earmarked.
Chris Duque, City Manager, recommends authorizing the dedication of funds for
infrastructure improvements - $2M for waterlines and $500,000 for sewerlines.
The Public Works Department will continue to work on prioritizing the line segments
to be included, and in the summer will present the engineering agreement to begin
the design process. He also recommended authorizing the dedication of $200,000
for the second round of the Non-Profit Partnership Grant program; this round of
funding would focus on programs/projects with a priority given to mental health
services and would be opened in Fall 2023. It will be necessary to utilize a grants
administrator to complete this second round. Following this allocation,
$1,042,413.75 remains; there are plans to discuss a potential job training program
with Lamar Institute of Technology for residents of Nederland to complete the CDL
certification program.
A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember
Root to authorize the dedication of Coronavirus Local Fiscal Recovery Funds.
MOTION CARRIED.
Minutes continued, May 22, 2023
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
�., NOES: None.
f. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember
Guillot to accept a sidewalk easement from the Nederland Independent School
District. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root,Sonnier, and Guillot.
NOES: None.
g. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember
Root to approve a Resolution No. 2023-11, amending the Memorandum of
Understanding for School Resource Officers between the City of Nederland and the
Nederland Independent School District. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant, Root, Sonnier, and Guillot.
NOES: None.
Currently, three school resource officers are provided by the Nederland Police
Department, and the funding of these three positions is shared between the City
(21%) and NISD (79%). Recognizing the need for greater security at the
elementary campuses, middle school, and high school, City and NISD staff met to
discuss the possibility of increasing the number of SROs from three to seven (four
elementary schools, two middle schools, and the high school).
The proposed amendment to the MOU calls for the creation of four new SRO
positions and a revised cost-sharing schedule. In 2023-2024 and 2024-2025, the
City would pay 100% of the costs of the SROs including overtime; in 2025-2026,
the costs would be shared - City - 79% and NISD - 21%; in 2026-2027, the costs
would be evenly split - 50%150%; and in 2027-2028, the cost share would return
to the existing level - City 21% and NISD 79%. During this time, the cost sharing
of the existing three SRO positions would remain at the current level; only the
funding of the new SRO positions would be impacted by the revised cost sharing.
Staff advised NISD that the four new SROs would not be assigned to NISD schools
until the 2024-2025 school year. During 2023-2024, the City will go through the
hiring process and training process. Police Chief Porter anticipates assigning
current police officers to the new SRO positions rather than placing new police
officers in that role.
The estimated cost of creating these four new positions ranges between $332,000
to $360,000; the cost range is based on different hiring scenarios (higher costs
assumes employment of four certified officers and the lower costs were calculated
based on the plan of sponsoring four cadets to the police academy with a group
graduating in December 2023 and May 2024). The additional personnel costs from
the four new positions will require the City to either utilize or exceed the "not-to-
exceed" tax rate for the fiscal year 2023-2024 and fiscal year 2024-2025.
Additional costs will include uniforms, equipment, etc. that would be purchased via
the General Fund; new patrol vehicles will need to be purchased via the Equipment
Replacement Fund-General.
NISD discussed this proposal at their last board meeting and indicated their
support. Police Chief Porter recommends approval of this item; I concur with his
- recommendation, subject to final legal review and approval of the amendment to
the MOU.
Gary Porter, Chief of Police, stated that building relationships with the children and
increasing their security is the future vision of the police department. Our school
district will be the first to have one SRO in every school.
Minutes continued, May 22, 2023
Mayor Pro Tern Sonnier commented that it will take several years before the school
district returns to paying their 79% of the cost sharing. Chris Duque stated that this
funding arrangement was necessary at this time.
5. EXECUTIVE SESSION
The City Manager stated there was no need for Executive Session at this time.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• City offices will be closed Monday in observance of Memorial Day. Garbage
service will run one day behind schedule.
• The Memorial Day Program will be held this Friday at 10:00AM at the Veteran's
Park.
• NISD graduation night is this Friday. Chris congratulated the 2023 seniors and
wished them a safe and happy graduation and summer.
• The Nederland Swimming Pool will open to open swim on May 31st.
• This week is Public Works Appreciation Week. The Nederland KC's will host a
luncheon for Public Works employees on Friday.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:05 p.m.
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on Albanese, Mayor
City of Nederland, Texas
ATTEST:
Joni nderwood, City Clerk ,�`�0 .. °••°•.'�./',�
City of Nederland, Texas , . � :4 a\ .2
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor
Bret Duplant Council Member—Ward I
Sylvia Root Council Member—Ward II
Randy Sonnier Council Member—Ward III i✓-
David Guillot Council Member—Ward IV +✓
Chris Duque City Manager
Joni Underwood City Clerk ✓
Jesse Branick City Attorney F✓
Cheryl Dowden Director of Finance
Gary Porter Police Chief if
Terry Morton Fire Chief ✓
Robert Woods Director of Public Works
George Wheeler Building Official.
Molli Hall Librarian
Holly Guidry Human Resources Director 91
Angela Fanette Parks Director ✓
QP4 06-,g2-9-4z,d
Don Albanese, Mayor
51 UketafArtrod
Joni' nderwood, City Clerk
5-�V.)-3
Date
"'ESOLUTION NO. 2023-11
A • ESOLUTION OF THE NEDERLAND CITY
COUNCIL AMENDING THE MEMORANiD UM OF
UNDERSTANDING FOR SCHOOL RESOURCE
OFFICERS BETWEEN THE CITY OF NE'''ERLAND
AND ..THE NEDERLAND INDEPENDENT SCHOOL
DISTRICT; MAKING FINDINGS OF FACT; AND
PROVIDING FO s'° RELATED MATTERS
WHEREAS,the City Council determines that School Resource Officers assigned to the NISD
campuses accomplishes a public purpose for the City and does not benefit private parties;and
WHEREAS,the City of Nederland shall retain sufficient control over the public funds to
ensure the public purpose of the City is accomplished;and
WHEREAS,the City of Nederland is ensured a return benefit,specifically school safety.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT: .
1. The recitals herein are found to be true and correct and are hereby adopted by the
City Council and made a part hereof for all purposes as findings of fact.
2. The SRO-COPS Amendment to the Memorandum of Understanding,a copy of which is
attached hereto marked "Exhibit A" and made part of this Resolution is hereby
approved and adopted as written.
3. This Resolution shall take effect from and after the date of its passage.
4. It is hereby found and determined that the meeting at which this Resolution is 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,Texas Local Government Code.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this
the 22ND day of MAY.2023 at which meeting a quorum was present and voting.
Ali G/ ...��.�/
on Albanese,Mayor
City of Nederland,Texas
ATTEST:
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Joni U derwood,City Clerk •
City of Nederland,Texas °��y��• *Fife/
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APPROVED AS TO FORM AND LEGALITY: - •X14" �4 tv.A:c7
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Jess:
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City. ►-derland,Texas
SRO-COPS
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
0111.3,
This Amendment to SRO-COPS MEMORDANDUM OF UNDERSTANDING is made and
entered into this the a2 day of 'tat ,2023,by the City of Nederland,Texas,a
municipal corporation(CITY)and the Nederland Independent School District(NISD).
WHEREAS,the CITY and NISD have agreed to amend the SRO-COPS MEMORANDUM OF
UNDERSTANDING made and entered into on the 28th day of August,2018.
NOW,THEREFORE,the CITY and NISD agree as follows:
1. Currently, three school resource officers are assigned to NISD's schools (one
dedicated to the high school,one dedicated to Central Middle School,Highland Park
Elementary School,and Hillcrest ElementarySchool,and one dedicated to C.O.Wilson
Middle School,Helena Park Elementary School,and Langham Elementary School.
2. The City and NISD believe it is necessary to place a School Resource Officer at each of
NISD's elementary schools, middle schools,and high school,which will require four
additional school resource officers.
3. For the current three school resource officers,the City and NISD shall continue to be
jointly responsible for financial support of those positions. NISD shall be responsible
for seventy-nine percent(79%)of the cost of the SRO-COPS officer,in addition to one
hundred percent(100%)of any and all overtime costs as a result of NISD direction;
the City shall be responsible for twenty-one percent (21 %) of the costs of the
SROCOPS officer,in addition to one hundred percent(100%)of any and all overtime
costs as a result of City direction. For purposes of this Memorandum of
Understanding, the cost of the SROCOPS officer shall include salary and wages,
longevity pay, certification pay, social security, worker's compensation insurance,
health insurance, dental insurance, long-term disability insurance, life insurance/
AD&D,and TMRS retirement.The City shall bill NISD on a quarterly basis.NISD agrees
to remit payment to the City within thirty (30) days of receipt of the quarterly
statement.The City will be responsible for disbursement of funds with the SRO-COPS
officer remaining an employee of the City.
4. For the four additional school resource officer positions,the City and NISD shall be
jointly responsible for support of those positions.
COST SHARING
YEAR CITY CONTRIBUTION NISD CONTRIBUTION
8/1/2023—7/31/2024 100% 0%
8/1/2024-7/31/2025 100% 0%
8/1/2025—7/31/2026 79% 21%
8/1/2026-7/31/2027 50% 50%
8/1/2027-7/31/2028 21% 79%
Subsequent Years 21% 79%
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Beginning on August 1, 2026, NISD shall be responsible for 100% of any and all
overtimes costs as a result of NISD direction. Until then,the City shall be responsible
for 100%of any and all overtimes costs as a result of NISD direction or City direction.
For purposes of this Memorandum of Understanding,the cost of the SRO officers shall
include salary and wages, longevity pay, certification pay, social security, worker's
compensation insurance, health insurance, dental insurance, long-term disability 4--d
insurance, life insurance/AD&D,and TMRS retirement.The City shall bill NISD on a
quarterly basis. NISD agrees to remit payment to the City within thirty(30) days of
receipt of the quarterly statement.The City will be responsible for disbursement of
funds with the SRO officers remaining employees of the City.
The City and NISD recognize that the four additional school resource officer positions
will not be available for assignment to the NISD schools until the 2024-2025 school
year;during the 2023-2024 school year,it shall be necessary for the City to hire and
train new officers.
PASSED AND APPROVED by the City Council of the City of Nederland on this the 22ND day
of MAY.2023.
Atil
ion Albanese,Mayor
City of Nederland,Texas
ATTEST:
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LIALIgioxf
Joni nderwood,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
L__.$
Jesse orani.k,CftyyAttorney
City o Ne'erland,Texas
PASSED AND APPROVED by the Board of Trustees of the Nederland Independent School
District on this_day of ,2023
Nederland Independent School District
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