Council Meeting City of Nassau Bay, Texas January 10, 2022 - Bob Warters Mayor Don Matter

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Council Meeting City of Nassau Bay, Texas January 10, 2022 - Bob Warters Mayor Don Matter
Council Meeting
   City of Nassau Bay, Texas
        January 10, 2022

                 Bob Warters
                    Mayor

  Don Matter                   Phil Johnson
   Position 1                   Position 2
 Ashley Graves                 Bryce Klug
   Position 3                   Position 4

Sandra Mossman                  Matt Prior
   Position 5                   Position 6
Council Meeting City of Nassau Bay, Texas January 10, 2022 - Bob Warters Mayor Don Matter
AGENDA – REGULAR MEETING AND PUBLIC HEARING OF THE CITY COUNCIL
OF THE CITY OF NASSAU BAY, TEXAS, TO BE HELD ON MONDAY, JANUARY 10,
2022 AT 7:00 PM IN THE COUNCIL CHAMBER, CITY HALL, 1800 SPACE PARK
DRIVE, SUITE 200, NASSAU BAY, TEXAS.

Portions of this agenda item may be conducted by videoconference whereby a quorum is
present at the regular posted location when the matter arises on the agenda and any
member who participates remotely strictly complies with the requirements of Texas
Government Code Section 551.127 a-1, including the use of video and audio feed of the
remote member’s participation in the meeting, which audio and video participation must
be broadcast live at the meeting. Failure of the member or the equipment to comply with
these requirements shall prohibit the remote member’s vote from counting.

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.

CONFORME A LA SECCIÓN 30.07 DEL CÓDIGO PENAL (TRASPASAR PORTANDO
ARMAS DE FUEGO AL AIRE LIBRE CON LICENCIA) PERSONAS CON LICENCIA
BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE
PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UNA
ARMA DE FUEGO AL AIRE LIBRE.

The City Council reserves the right to meet in closed session on any of the below items
should the need arise and if applicable, pursuant to authorization by Title 5, Chapter 551
of the Texas Government Code.

1.     CALL TO ORDER AND ROLL CALL OF MEMBERS

2.     PLEDGES OF ALLEGIANCE TO THE U.S. AND TEXAS FLAGS

       Flag Presentation by Park Place Commandery #106

       (Texas Pledge: “Honor the Texas flag; I pledge allegiance to thee, Texas, one
       state under God, one and indivisible.”)

3.     APPOINTMENTS, PROCLAMATIONS, PRESENTATIONS, AWARDS

       A.      Presentation of a Check to the Bay Area Houston Ballet and Theatre – Jill
               Reason

       B.      Presentation of a Check to the Clear Creek Environmental Foundation –
               Lloyd Thorton and Mark Denman

4.     PUBLIC HEARING AND ACTION ITEMS FROM PUBLIC HEARING: None

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5.   CITIZENS’ REQUEST FOR HEARING BEFORE CITY COUNCIL

     The privilege of speaking at this time is limited to the following persons:
     residents, persons having an ownership interest in property or a business located
     within the City, or their attorneys.

     A statement of no more than 3 minutes may be made on items of general
     relevance. There will be no yielding of time to another person. State law prohibits
     the Mayor and members of the City Council from commenting on any statement
     or engaging in dialogue without an appropriate agenda item being posted in
     accordance with the Texas Open Meetings Law. Comments should be directed to
     the entire Council, not individual members. Engaging in verbal attacks or
     comments intended to insult, abuse, malign, or slander any individual shall be
     cause for termination of time privileges and removal from Council Chambers.

6.   COUNCILMEMBERS’ COMMENTS/REPORTS

     Announcements concerning items of community interest. No action will be taken
     or discussed.

7.   MAYOR’S COMMENTS/REPORTS

     Announcements concerning items of community interest. No action will be taken
     or discussed.

8.   REPORTS FROM STAFF MEMBERS & COMMITTEES

     Announcements concerning items of community interest. No action will be taken
     or discussed.

     A.     Interim City Manager

     B.     Police Department

     C.     Fire Department

     D.     Public Works Department

9.   CONSENT AGENDA

     A.     Approval of Minutes:

            1.      Special Meeting and Council Workshop on November 22, 2021
            2.      Regular Meeting on December 13, 2021 Ham

     B.     Consider and take action on an ordinance requiring a Public Hearing and
            formatting in City Ordinance Form for any amendment to the International
            Residential Code and the International Building Code (second and final

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reading). Cromie

      C.   Consider and take action on a resolution authorizing the City to enter into a
           joint agreement with CCISD to share the City’s polling place on May 7,
           2022. Ham

      D.   Consider and take action on a resolution updating representatives to sign
           on behalf of the City in transactions with Allegiance Bank. Ludanyi

      E.   Consider and take action to appoint a representative to the Bay Area
           Houston Convention & Visitor’s Bureau (BAHCVB) Board of Directors.
           Edwards

10.   NEW BUSINESS

      A.   Discussion and update on the status of the modification of a previously
           executed Separation Agreement between former City Manager Jason
           Reynolds and the City of Nassau Bay in order to remove the gag rule.
           Johnson

      B.   Presentation, discussion, and possible action on the proposed site
           location for the KidCourse 1800 playground equipment. Lopez

11.   FIRST READING OF ORDINANCES

      A.   Consider and take action on an ordinance amending the Fiscal Year 2022
           Budget (first and only reading). Ludanyi

      B.   Consider and take action on an ordinance calling the May 7, 2022 City
           Officers’ Election for the purpose of electing a Mayor and three
           Councilmembers, Positions 2, 4, and 6 (first of two readings). Ham

           (Considerar y tomar acción sobre la ordenanza que convoque el dia 7 de
           Mayo del 2022 como Elección de Oficiales de la ciudad con el fin de elegir
           a un alcalde y tres concejales, posiciones 2, 4 y 6 (primera de dos
           lecturas).

12.   EXECUTIVE (CLOSED) SESSION:

      A.   Executive Session as authorized by Texas Government Code, Chapter
           551, Open Meetings, Subchapter D, Exceptions to Requirement that
           Meetings be Open.

           1.        §551.071 (2) – On a matter in which the duty of the Attorney to the
                     governmental body under the Texas Disciplinary Rules of
                     Professional Conduct of the State Bar of Texas clearly conflicts
                     with this Chapter.

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13.    ACTION ITEMS FROM EXECUTIVE SESSION:

              1.      Consider and take possible action on the modification of a
                      previously executed Separation Agreement between Jason
                      Reynolds and the City of Nassau Bay to allow public discourse and
                      access to the agreement.

14.    ADJOURNMENT

In compliance with the Americans with Disabilities Act, the City of Nassau Bay will
provide for reasonable accommodations for disabled persons attending City Council
Meetings. Requests should be received at least 24 hours prior to the scheduled meeting
by contacting the City Secretary’s office at 281.333.4211 or by Fax at 281.333.2301.

I, the undersigned authority, do hereby certify that the above Notice of Meeting of the
governing body of the City of Nassau Bay is a true and correct copy of said Notice and
that I posted said Notice on the bulletin board, in the City Hall of said City, a place
convenient and readily accessible to the general public at all times, and said Notice was
posted on Friday, January 7, 2022 by 5:00pm and remained so posted continuously for
at least 72 hours preceding the scheduled time of said Meeting.

_____________________________
Sandra V. Ham
City Secretary

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REGULAR MEETING AND PUBLIC HEARING
                               CITY COUNCIL
                        CITY OF NASSAU BAY, TEXAS
                            NOVEMBER 22, 2021
                                  6:00 PM

MEMBERS OF COUNCIL PRESENT: Mayor Bob Warters, Mayor Pro Tem Don Matter,
Councilmembers Phil Johnson, Ashley Graves, Bryce Klug, Sandra Mossman, and Matt
Prior

MEMBERS OF COUNCIL ABSENT: None

OTHERS PRESENT: City Attorney Chris Gregg, City Manager Jason Reynolds, Police
Chief Tim Cromie, City Secretary Sandra Ham, Finance Director Csilla Ludanyi, Fire
Chief Tom George, Human Resources Manager Chani Honeycutt, Director of
Communications & Tourism Kristin Edwards, and Planning Commission Chairman
Roscoe Lee

PRESIDING: Mayor Bob Warters

CALL TO ORDER AND ROLL CALL OF MEMBERS

Mayor Bob Warters called the meeting to order at 6:00 p.m. and announced a quorum of
Council was present with all elected officials in attendance.

CITIZENS’ REQUEST FOR HEARING BEFORE CITY COUNCIL

Mayor Warters announced a Public Hearing for citizens to address Council regarding
any issues and concerns.

The Public Hearing was opened at 6:05 p.m.

These individuals were in attendance and stated these comments during the Citizens’
Request for Hearing.

Mark Denman, 2025 Harbour Drive, first began by expressing appreciation to all those
interested and participating in the Council meeting and asked those to extend their
interest to volunteer opportunities. He continued by voicing his thoughts on losing Jason
Reynolds as the City Manager. Mr. Denman overview the selection process for the City
Manager in 2015, noting Mr. Reynolds was chosen among hundreds of applicants. Mr.
Denman described Mr. Reynolds as one of the most ethical, moral, honest, and decent
individuals he knew, and believed him to be extremely hard working and very dedicated
to keeping the City a great place to live.

He continued by stating his understanding that over the past several months he became
aware that Mr. Reynolds was experiencing philosophical differences with members of
Council on how the City should be managed, which were rooted in Mr. Reynolds’
interpretation of the City Manager role and Council’s role in managing the City per the
City Charter. Overall, he did not believe this disagreement warranted considerations for
separation. Through the disagreement, he indicated he served in an advisory role to
mitigate the issues, although he was unsuccessful. He noted it was the will of Council to

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begin the process to work out a fair severance package for Mr. Reynolds, of which he
was very happy to hear that Council has done.

He encouraged Council to recognize the current re-development of the City and
infrastructure improvement and safety enhancements occurring within the City. He
ended by thanking Mr. Reynolds for his service to the City, and looked forward to a long
continued close relationship with him.

John Nugent, 1802 Vinland Drive, indicated he has been a resident since 1974, and a
long-time volunteer of the City’s Planning Commission. He believes Nassau Bay to be
the best City in the United States and stands in support of City Manager Jason
Reynolds. He acknowledged he supported a City Manager who made independent
qualified decisions. Although Mr. Nugent emphasized he was not privy to behind-the-
scenes information, he noted that the residents deserved an explanation and requested
transparency regarding the decision. He ended his comments by stating that the City
was losing a tremendous asset with the loss of Mr. Reynolds.

Kristi Bond, 1303 Antigua Lane, commented on the vacant home across from her
property, 1302 Antigua Lane. As the home is for sale, she requested that the City not
allow the lot to be replat into two properties, and it would put the street off-balance and
would begin the decrease in integrity of the neighborhood.

Carol Stecker, 18821 Windward Lane, expressed her dismay and frustration with City
Council’s action to begin the separation process with City Manager Jason Reynolds. She
believes Mr. Reynolds to be a tremendous asset to the City, and since his arrival has
noticed a mark improvement in City engagement and services. Ms. Stecker thanked Mr.
Reynolds for his openness and his willingness to find a solution. She continued by
expressing her displeasure with Council’s actions and indicated that Mr. Reynolds’
termination was not warranted and commented that there was a lack of transparency in
conducting a special meeting for this action. She questioned the fiscal responsibility of
the separation, specifically noting the severance package to be irresponsible of the City.
She inquired whether these actions were tied to the KidCourse 1800 playground
equipment, which she believes to also be an irresponsible purchase before the
“Stadium” equipment is installed in David Braun Park.

Sara Plunk, 18639 Prince William Lane, began her comments by noting that she has
volunteered for the City on the special events committee for many years now, including
all of the time that Mr. Jason Reynolds has been City Manager. She indicated Mr.
Reynolds has always been willing to discuss concerns at any time, even during his
personal time. She expressed a desire for the City to be fair to Mr. Reynolds during the
separation process.

Ms. Plunk stated that during COVID, times have changed, and that technology can be
used as a tool for divisiveness, but also as a way to reach and include citizens that may
not have had the time or ability to participate before. She emphasized that the citizenry
is invested. She stated that the citizens want answers and rationale for decisions, which
can be good, as the more people involved and asking questions, the more residents are
invested in the City.

Ms. Plunk continued by recapping that she reached out to each Councilmember
regarding their vote on the separation with Mr. Reynolds, and only received one

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response in return. She voiced disappointment in the response, and indicated it was an
illustration of a bigger problem. She noted that many of residents are requesting more
transparency from the City government and agreed it would be helpful to continue to
make the City Council meetings available via zoom and/or continue to post the
recordings on the City Facebook page and website without an FOIA request.

Lastly, she requested updated contact information on the City website and at a
minimum, suggested each Councilmember be as accessible as Mr. Reynolds made
himself to the citizens of Nassau Bay during his tenure.

Andishaeh Dadger, 18606 Carriage Court, stated that in his experience he would not
expect a City Council to operate in this manner, and emphasized that a termination to be
a large responsibility for a City Council to undertake. He believes the separation to be
especially significant with the many projects and infrastructure activities to occur in the
City. He stated these items should have been considered during this process. Citizens
should have the ability to make their voice known before such serious action is taken.

Boris Berezin, 1815 Davon Lane, stated a need for transparency in the purchase and
installation of the KidCourse 1800 playground equipment. He stated there was not a
need to acquire more equipment for Howard Ward Park. Mr. Berezin stated the adjacent
basketball court ruins the tranquility of the park. He inquired on who was responsible for
this purchase and changing the nature of the City.

Grace Martinez, 2021 Harbour Drive, noted she has been a resident since 1980, and
lives across the canal where the new fireboat is located. She was impressed with the
improved view and thanked Council for that. She indicated that she did not understand
the sudden demise of Council, and believed Mr. Reynolds’ separation to be untimely
with all of the infrastructure projects and the home elevations. She referenced Mr.
Reynolds’ recent merit increase, and believed it odd for him to be dismissed 30 days
later. She asked for an understanding of the situation, and for more transparency from
Council.

Gayle Nelson, 18403 Kingstown Court, stated she was an eleven-year resident and
has been a Parks & Recreation Committee volunteer for several years. She expressed
appreciation to Council for serving the community, but noted that Council can get
complacent and forget to look to the citizenry for feedback on how to move forward. Ms.
Nelson stated a need for Council to poll the community and move forward with
teleconference and streaming of Council meetings. She indicated that City Manager
Jason Reynolds brought the City into the 21st century, and had always had an open
door policy that residents appreciated.

Clifton Grim, 18650 Upper Bay Road, referenced his experienced in building his home
on Upper Bay Road. He appreciated his interaction with City Manager Jason Reynolds,
and stated it to be a positive experience. He stood in support of Mr. Reynolds.

Barbara Poche, 18594 Martinique, questioned if the termination of Mr. Reynolds was
reversable and inquired upon Council to the reason why citizen feedback was not
requested upon in this matter.

Bob Juillerat, 1606 Antigua Lane, pondered if the decision to terminate Mr. Reynolds
was reversable and emphasized that City Council held a credibility problem, with most of

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the citizenry unable to trust the members of Council. He continued by stating that the
citizens expect rational decisions and transparency in the process. He stated he felt how
the City has previously operated and indicated that residents deserve the reasoning for
Mr. Reynolds’ separation.

Bob Wilkinson, 18231 Nassau Bay Drive, stated he was proud to be part of the
community but is unsure if things will change due to his perceived “swamp” like nature of
Council. He referenced that three members of Council are termed for election in May
2022, should citizens want to revamp their representation. He also stated that he has
been a committee volunteer in Nassau Bay for two years, and that not a single member
of Council has approached him regarding his service. Mr. Wilkinson indicated he
supported Mr. Reynolds.

Charles Pulliam, 18514 Vinland Drive, noted he was a newer resident and was
recently appointed on the Unified Development Code Advisory Committee. He did not
anticipate the recent turmoil in the City and encouraged Council and citizens to move
forward with calmness and clarity, and urged all to remain unified through this
tumultuous process. Mr. Pulliam stated transparency and trust to be of utmost
importance, although he recognized it not to always be possible. He directed his
comment towards Mr. Reynolds and stated that many citizens supported him.

Alicia Hatch, 2502 Swan Court, stated she has lived in Swan Lagoon for four years,
and voiced concern on how decisions are being made by City Council. She believed the
City to be operating great under Mr. Reynolds’ leadership. She overall expressed
concern about the City’s parks, as Swan Lagoon’s playground is out of operation.

Lara Forde, 1911 Back Bay Court, indicated her desire to speak about the City’s parks,
and respected those who serve the community. In terms of parks, she requested a
playground comparable to the surrounding communities, and believed there was need
for more physically challenging equipment. She stated appreciation of Council’s
investment in the City’s children and the hard work and decades of service that many of
Council has given to make Nassau Bay the best place to live.

Joshua Bott, 18322 Cape Bahamas Lane, inquired whether Council’s decision was
irreversible, and suggested if not, that members that voted to terminate Mr. Reynolds
should be removed from office.

Roscoe Lee, 1631 Antigua Lane, expressed his extreme displeasure and concern with
the action taken by the Mayor and most of Council to remove Jason Reynolds as the
City Manager. In his tenure, Mr. Reynolds has worked diligently to improve the City and
promote its forward movement with the rapidly changing environment. Having worked
with every City Manager since the City's inception, Mr. Lee believes there is no other
manager who has worked harder for the benefit of the City and he knows no egregious
act that has been done to warrant his removal.

Mr. Lee requested full disclosure of the conditions which led Council to move forward
with Mr. Reynolds termination by a vote of 5 to 2. He stated refusal to accept rumors of
Mr. Reynolds’ retirement, or his request for release to accept another job offer, or that he
committed some major financial decision which will cost the City, without actual
evidence.

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Such a consequential decision cannot and should not made under the cloak of
darkness. Mr. Lee noted that if Mr. Reynolds did indeed perform some act or acts that
were injurious to the City and merit his termination, residents should know, even if this
would embarrass Mr. Reynolds. Ending his comments, he stated transparency is
mandatory.

Omar Abotteen, 18327 Barbuda Lane, noted that the great loss of Mr. Reynolds was
likely irreversible. He asked for all to participate in the May 2022 Election, where
residents can adequately have their voice heard.

Susan Spencer, 18606 Martinique Drive, indicated that as a realtor she brings
business to the City. She believed Mr. Reynolds to be the most respectful and
professional representative of the City, with Mr. Reynolds always having the City’s best
interest as his main priority.

Ray Lachney, 18319 Cape Bahamas Lane, wished to reiterate the positive experience
and interactions he has had with Mr. Reynolds. He believed Mr. Reynolds to be
intelligent and professional. He requested transparency regarding the separation
process, and inquired how Council can ensure that it does not happen again. Mr.
Lachney also questioned the severance package, and how much of the City’s taxes
would be utilized for the severance. Whether or not Mr. Reynolds did something to
warrant the termination, he felt the situation did not make sense, as Council lacked
credibility.

Joan Addison, 18054 Lakeside Lane, echoed similar sentiments stated by all, as she
believes Mr. Reynolds really cared about the City. She emphasized Mr. Reynolds’
awareness of flood issues, and recognized that Mr. Reynolds was really involved in the
community.

Joyce Mayor, 2413 Clippers Square, read her prepared statement, which read “City
Council, What has happened here last week is shocking, confusing, and unbelievable.
Just as bad as what happened to Jason, is the lack of transparency from the city council
that we the citizens voted for. We voted for you all one time, two times, and maybe too
many times! Last month you gave Jason a raise! This month, with the holidays here,
you are telling him to leave. What's up with that?? Shameful. Ridiculous. Thoughtless.
Egos out of control. When Jason came here, many of us wondered what a big young
guy with a baby face could possibly do for us. Well now we know! He has put Nassau
Bay on the map, for all the right reasons!

Jason has a Bachelor's in Workforce Leadership; he has a Masters in Business
Administration and another Masters in Urban Planning. He is Certified as a Public
Manager, a Government Finance Officer and an Economic Development Finance
Officer. AND he brought with him his values from the Army, which include: Loyalty,
Duty to fulfill your obligations, Respect to treat people as they should be treated, Selfless
Service putting others before yourself, and Honor to live with Integrity and Personal
Courage. What more could we have asked for??

Jason has been here with us through the worst of it, leaving his family at home day and
night when a water main broke, when our houses flooded, when the palm trees died,
when there was a hurricane or fire at a house or a condo, when our police sergeant was
murdered, when the electricity was off, when any club or committee needed guidance or

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an advocate or a place to hold a meeting during COVID, just to name a few. He has
unselfishly worked to save us citizens thousands in taxes, flood insurance, utility bills by
legally having the right resources, applying for grants, and prioritizing what's best
financially for the City. He has made us a beautiful city with the town square and the
parkway, and has helped to grow Methodist Hospital, a world leader in healthcare. We
were thriving, and optimistic, so hopeful for the future.

Jason has been the light at the end of the tunnel for Nassau Bay. But now that light is
covered with a dark cloud, thanks to our City Council.”

Ryan Laird, 18502 Point Lookout, stated he was a five-year resident. He participated
in Nassau Bay 101 to learn more about the City. He felt sadness about this separation
and was in disagreement with the removal of Mr. Reynolds. He suggested that leaders
need to lead by example. Mr. Laird stated that Mr. Reynolds was one of the first
individuals to welcome him to the community.

Jonathan Amdur, 17 Leeward Lane, indicated his support for City Manager Reynolds.
He stated that citizens are being bamboozled by Council, as Council should put citizens’
interest before their own interest. He believed there were a number of Councilmembers
who like to operate in the dark, and hoped that the City was not still paying on the
severance package when those members near their term expiration are finally gone.

These individuals submitted comments to be read under the Citizens’ Request for
Hearing.

Brian A. Brown, 1454 Davon Ln, submitted his statement which was read verbatim:
“Mr. Mayor and Members of Council, To say that the good people of Nassau Bay are
upset regarding the recent developments with regards to the separation with City
Manager Jason Reynolds would be an understatement. During his tenure, he has
worked tirelessly to address the myriad list of unique challenges a city of our size,
geographic location and age presents. He has earned the trust, respect, and love of the
residents, business owners, and members of our fine, hardworking city staff.

So, it was no surprise that during October’s Council Meeting, that he was voted 6-0 to be
given a raise, in a motion filed by Councilman Klug and seconded by the Mayor Pro Tem
Don Matter. What happened next provided shock to our quiet community, when five
members of council, who had just voted to give a raise, voted to begin separation
proceedings and negotiations a mere 36 days later. No build up, no explanations, no
sign of any issues. The only indication was the addition of the word “termination” on the
agenda item, which prompted a fast and noble effort of citizens to stand up for our City
Manager. I have spoken with residents ranging from new to original in Nassau Bay. The
vast majority expressing shock and dismay at the turn of events from last week. Even
members of city governments near us have reached out to share their surprise because
of Jason’s excellent reputation in the region.

When I watched the recording of the Citizens request for hearing, obtained via a FOIA
request, several council members who ultimately voted to begin separation proceedings
could not be bothered to even occasionally look at those who were addressing council,
and one in particular could not separate from their cell phone. Very unsettling to see
some of our elected officials not show the citizens, their ultimate bosses, the respect

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they deserve, especially when those citizens are showing concern over such an
important agenda item.

What I find most concerning is this action signals to anyone looking to do business with
the City of Nassau Bay, or who looks to fill Jason’s shoes, that there is instability in our
city government. A city government that makes drastic swings with little to no warning.
For a new city manager, this will potentially deter top-tier candidates from applying when
they do their due diligence on us. For businesses looking to expand or to enter our area,
when they conduct a SWOT analysis, (reviewing their Strengths, Weaknesses,
Opportunities, and Threats) instability in local government will be listed under threats,
and we have seen businesses make other plans because of those instabilities in
neighboring cities, so it makes sense to figure that will likely happen here, too. There is a
fine line between a pendulum and a wrecking ball. I am afraid we just crossed that line.”

Dr. George Dempsey, 2015 Sea Cove Ct, submitted his statement which was read
verbatim: “I would like to share my ongoing support for our elected city government
officials. Their job is not easy and unfortunately far too often thankless. At this time I
would like them to know that I appreciate their unending support and their tireless efforts
to represent this community. At times, to perform their fiduciary can be unpopular.
Indeed, it takes courage to do the ‘harder right’ instead of the ‘easier wrong!’ But these
are precisely the times when leadership is required. Thank you, mayor and council, for
your continued guidance and service. I stand with you as always.”

Connie Forde, 1910 Back Bay Court, submitted her statement which was read
verbatim: “Dear Mayor Warters and Council Members, Having been a resident of
Nassau Bay since 1974, I have seen many Councils and witnessed astonishing
progress. Thank you for all the improvements to our infrastructure — upgrading our
parks and adding invaluable businesses. All the years of experience our current Council
members have brought to our community needs to be applauded.”

Mike Magnan, 18650 Martinique Drive, submitted his statement which was read
verbatim: “Roscoe Lee’s [comments] have accurately and eloquently expressed my
sentiments about this issue.”

Crystal Polerstock, 2007 Back Bay Ct, submitted her statement which was read
verbatim: “As a mom of 2 children, I have been following the playground equipment
upgrades closely. My children are eagerly awaiting the new equipment. They can’t wait
for the Kid course, which is just like the equipment at other parks we visit. I want to thank
the Council members who made this level of investment in our parks, our children and
our future. Thank you so much for all that you all have done for our community over the
years and especially for the latest improvement, which will benefit this community for
years to come!”

Michelle Micheli, 18227 Hereford Lane, submitted her statement which was read
verbatim: “Dear Mayor Warters and City Council Members, I am so excited to hear about
the new playground upgrades that will be done. This is something that will benefit the
community for years to come. I love Nassau Bay and all it has to offer. My son is 9 years
old, and he is so looking forward to new Kid Course we have heard about. Thank You for
all the weekly updates and the monthly newsletter which keep me informed of what is
going on with this amazing community. I just can't thank the Mayor and Council

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members for all their continued hard work. Thank you for taking the time to invest in our
children its people and the community.”

Jeff Horton, 2437 Baycrest, submitted his statement which was read verbatim: “Our
city is quite fortunate and blessed with very talented and committed city council
members, mayor, city manager and staff. I think trust has been damaged with the
sudden request for resignation of Jason Reynolds. Jason is viewed as highly competent
and committed. His accomplishments are many over 6 years. Citizens have a high level
of trust in Jason as he has proven to communicate well and be responsive to issues of
concern.

I join others with concerns-do some council members have a different vision than Jason
has, is our city managers job description in alignment with the current administration?
Citizens deserve the respect to informed, at least in some general way, about such a
major change for the city. Doing this, the city can hopefully rebuild trust. It would also
be useful to hear about the path forward for the city-interim coverage, plans for
replacement, etc.”

Chris Van Velson, 18710 Martinique Drive, submitted his statement which was read
verbatim: “Nassau Bay City Council, I have learned of the City Council’s decision on
November 16, 2021 to no longer allow Jason Reynolds to serve as the City Manager of
Nassau Bay. This news came as a complete shock to me. Based on my experience
working with Jason as City Manager, I do not understand this decision. In my experience
Jason has been responsive, attentive, helpful, reliable, and professional. He also
seemed to genuinely care about our community. These are all qualities of a great City
Manager; Jason’s removal feels like a significant loss for our community.

I would like to understand the City Council’s position on removing Jason. I want to
ensure that the City Council is working for the best interest of the citizens of Nassau
Bay. My request is simple; I am requesting that the City Council please provide an open,
written letter to the citizens of Nassau Bay explaining why our City Council removed
Jason Reynolds from his City Manager position and also include which City Council
members voted for Jason’s removal. I request that this letter be read aloud at an
upcoming City Council meeting.”

George Rains, 18634 Martinique, submitted his statement which was read verbatim:
“My name is George Rains and I have been a resident of Nassau Bay since 1985 (36
years). I have been a homeowner here for 33 years. With regard to the recent City
Council action to terminate Jason Reynolds: have you people lost your collective
minds? Jason Reynolds is, beyond any doubt, the best City Manager that the City of
Nassau Bay has ever had. Unfortunately, with regard to this recent action, the same
cannot be said of the current City Council. If this action stands (and I hope it does not),
then you may rest assured that you will NOT have my support during your next
reelection campaign.

Catherine Loonam, 1414 San Sebastian Lane, submitted her statement which was
read verbatim: “I am unable to attend the meeting tonight. However, I would like to
express my distress and dissatisfaction regarding recent actions by our Mayor and the
majority of City Council against Jason Reynolds, City Manager. We moved to Nassau
Bay in December 2014. Over the last seven years, I have observed our City
government mostly from a distance, learning the ins-and-outs from various meetings and

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neighbors. I learned quickly that the “good ol’ boy” system is in full effect in Nassau Bay
government. As someone who has spent the last 22+ years fighting such systems in my
industry, it tends to disenfranchise those of us who have “been there, done that”.

When the pandemic hit and Coffee with the City Manager went live on Facebook, I was
delighted to be able to listen in each Friday, without having to take time out of the office.
Through these Friday meetings, I was able to learn so much more about our city, our
government and those that serve our community. Time and time again, I was impressed
with Jason’s knowledge of the City as well as the various contracts and projects at play.
In my opinion, Jason knew his job and did it exceedingly well. The fact that the two
council members I respect most voted against this leads me to believe this action is not
based on anything Mr. Reynolds may have done, but rather the desire of certain elected
officials to maintain the status quo.

One of the points I’ve heard many times during the Coffee with the City Manager
sessions, is transparency. Transparency is what I, and many other Nassau Bay citizens,
demand now. I request that the Mayor and City Council members provide a full
explanation and the reasoning behind such a drastic action. Rather than the many
speculations floating around social media, I believe Nassau Bay citizens deserve a
thorough account by those that voted for the removal of Mr. Reynolds. We deserve to
know if there was any legitimate reason and justification for this action.

To Mr. Reynolds, thank you. Thank you for your commitment, your enthusiasm, and
your dedication. I appreciate all you’ve done for our community and wish you the best.
To the Mayor and City Council, the citizens of Nassau Bay are watching, listening, and
learning. We will continue to do so and vote accordingly.”

Deb Hale, 18610 Cape Charles Lane, submitted her statement which was read
verbatim: “I am disheartened by the actions of our mayor and 4 council members, using
legal counsel, to pursue the drastic step of forcing our City Manager, Jason Reynolds, to
resign from his position. The juxtaposition of council's November 16 action to terminate
Jason compared to their October action of voting for a financial increase to Jason's
remuneration immediately raises serious concerns, especially as a retired Human
Relations VP. Therefore, I request a full and complete disclosure of all the
circumstances which prompted you, our elected officials, to vote 5 to 2, for making this
drastic decision.

Jason's continuation of Chris Reed's Friday morning 'Coffee with the City Manager'
provided all residents more opportunity to learn the affairs of our city and their
complexity. When ZOOM meetings began and recordings were available for residents to
access on their schedules, the number of residents watching those weekly videos
significantly increased. The residents' education of city business always benefits the city;
thinking minds begin to see the city's vision and embrace the necessary steps to enact
that vision. I support Jason's vision for Nassau Bay.”

Linda and Richard Warrington, 18100 Nassau Bay Dr. #153, submitted their
statement which was read verbatim: “We are longtime residents and currently live at
18100 Nassau Bay Dr. #153, Nassau Bay TX. We were very surprised and disappointed
to learn of Jason Reynold's dismissal as our City Manager. As active volunteers through
the years, Richard and I had the pleasure of interacting with Jason in a very positive
way. He always was very honest and dedicated to making our city greater. His

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dismissal is a great loss for Nassau Bay and its residents. Please disclose the reasons
for this extreme and costly action, and urge the mayor and board to reconsider their
decision if possible at this time.”

David Bladt, 19 Antilles Lane, submitted his statement which was read verbatim: “I am
displeased with your (Mayor and council that voted to terminate Jason Reynolds) lack of
transparency regarding this matter. I am concerned with your attempt to push the other
two council members in the corner to take the action to terminate Jason. It clearly
shows a lack of leadership by the council and mayor, who famously has not gotten along
with Jason for years. I don’t disagree with the termination per se, as I am not informed
on the day-to-day activity of the city manager nor the mayor and his cronies on city
council. Mr. Mayor, you were voted into office to lead us and manage the staff to get
them to perform at the highest level of productivity, and you failed.

To date, there has been no path forward stated, nor any statements by the city council
as to a new city manager, and the timeline to get him in. The 5 cronies who voted for
termination, Mr. Johnson, Mr. Klug, Ms. Mossman, and Mr. Matter, should have also
orchestrated a civil transfer of power to the new manager from the old manager, and that
should be stated in the termination agreement to ensure smooth transition.

This situation could have been handled much better to quell the unrest created by the
council. If you wanted the city manager to be replaced, you should at least have a
candidate to present to the council, so we are able to get him in as quickly as possible to
keep the city running smoothly. I understand that Chief of Police Cromie will be installed
as interim manager. In my opinion, that weakens the city, as now you have given Chief
Cromie 2 full time jobs to do, instead of the job he was hired to do. He now has to
oversee the 32 elevations coming up without any experience. You have set us back 1 ½
to 2 years (the time it will take you to hire a new manager, and the time it will take them
to become comfortable with the new position) in a time of growth, where we need the
expertise to continue to move forward as set forth by our current city manager, whom
you just voted to give him a raise and gave him an excellent review for his performance.
It looks to me that you have let personalities win over job performance, and I for one am
extremely disappointed in your personnel choices, and your lack of foresight in this
situation. I want to know your plan and path forward in hiring a new city manager.

Maybe the council should be the one’s terminated for their poor performance Mr.
Johnson, Mr. Klug, Ms. Mossman, and Mr. Matter, for your lack of leadership and the
mishandling of the city manager. One would think that with all your years in business,
you would have learned better people skills. I am sure by now the handling of this
situation by you has gotten around, and as a result it will cost us more to replace the
current manager, who was terminated after just receiving a raise and stellar job reviews
by you. The council and mayor have bungled this decision, weakened our city, cost us
money, and increased our property taxes by 9.45%. I hope your constituents remember
this come election time, and I for one will be happy to remind them.”

There were no other public comments, and the Public Hearing was closed at 7:15 p.m.

EXECUTIVE (CLOSED) SESSION

It was requested by Council to move the Executive Session to after the Citizens’
Request for Hearing.

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Executive Session as authorized by Texas Government Code, Chapter 551, Open
Meetings, Subchapter D, Exceptions to Requirement that Meetings be Open

Meeting recessed to Executive Session at 7:17 p.m. as authorized by Texas
Government Code, Chapter 551, Open Meetings, Subchapter D, Exceptions to
Requirement that Meeting be Open, with Mayor Warters reading from the posted agenda
the following topic to be discussed in Executive Session:

       1.      §551.074 Personnel – Discuss the employment, termination, evaluation,
               compensation, goals, and duties of the City Manager.

Meeting returned to Open Session at 8:03 p.m.

ACTION ITEMS FROM EXECUTIVE SESSION

Action on a separation agreement with the outgoing City Manager

Councilmember Matt Prior stated his support of the agreement only in the sense to
create a smooth transition for the City, residents, and staff.

It was moved by Councilmember Matt Prior, seconded by Councilmember Ashley
Graves, to authorize the Mayor to execute a separation agreement with City Manager
Jason Reynolds.

Motion passed 7 – 0.

NEW BUSINESS

Approval of a resolution confirming the City of Nassau Bay’s interest and
participation in the 2021 Flood Mitigation Assistance (FMA) Home Elevation
Program, and authorizing the City Manager or his designee to implement any
activities confirming such participation in the program

City Secretary Sandra Ham indicated this was a procedural item needed during the
City’s
transitional period, as it is important to authorize designees and confirm the City’s
participation in the FEMA FMA Home Elevation Program. She noted this resolution
confirms Nassau Bay’s interest in the program and authorizes the City Manager or
designee to submit the 2021 FMA Home Elevation applications, or implement any
activity related to the City’s continued participation in the Home Elevation Program.

Overall, the City of Nassau Bay may be submitting two Home Elevation Program
applications at the beginning of the year, and this resolution will grant authorization of
the designee to submit those applications.

The caption of the resolution reads as follows:

       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NASSAU
       BAY, TEXAS CONFIRMING NASSAU BAY’S INTEREST AND
       PARTICIPATION IN THE FEDERAL EMERGENCY MANAGEMENT

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AGENCY FLOOD MITIGATION ASSISTANCE PROGRAM HOME
       ELEVATION PROGRAM AND AUTHORIZING THE CITY MANAGER OR
       HIS DESIGNEE TO IMPLEMENT ANY ACTIVITIES CONFERRING SUCH
       PARTICIPATION IN THE PROGRAM.

       (Said Resolution is of record in Resolution Book No. 19 of the City of
       Nassau Bay, Texas, being Resolution No. R2021-2238.)

It was moved by Mayor Pro Tem Don Matter seconded by Councilmember Bryce Klug,
to approve a resolution confirming the City of Nassau Bay’s interest and participation in
the 2021 Flood Mitigation Assistance (FMA) Home Elevation Program, and authorizing
the City Manager or his designee to implement any activities confirming such
participation in the program.

Motion passed 7 – 0.

Action authorizing the City Manager or his designee to execute a Joint
Participation Interlocal Agreement between Harris County and the City of Nassau
Bay for the reconstruction of San Sebastian Court from Upper Bay Road to Dead
End

Public Works Director Paul Lopez indicated the Interlocal Agreement has been reviewed
by the City Attorney’s Office and the City Engineer. Through this Joint Participation
Interlocal Agreement, Harris County Precinct 2 will reconstruct San Sebastian Court
from Upper Bay Road to Dead End. Harris County agrees to provide $200,000 of the
construction cost necessary for the construction of the Project and the City agrees to
provide $200,000 of the construction cost as the City’s funding share. Mr. Lopez noted
that authorization of the agreement will allow the City to move forward with the project as
soon as approval from the Harris County Commissioner’s Court is received.

Councilmember Bryce Klug inquired whether Upper Bay Road would be impacted, with
Mr. Lopez noting that the engineering work is still in progress. Councilmember Klug
questioned the funding mechanism, with Finance Director Ludanyi noting that the project
would be funded by the recently passed bond and the Street Fund.

Councilmember Ashley Graves expressed appreciation to Harris County Precinct 2 for
their investment in Nassau Bay.

It was moved by Councilmember Bryce Klug, seconded by Councilmember Ashley
Graves, to authorize the City Manager or his designee to execute a Joint Participation
Interlocal Agreement between Harris County and the City of Nassau Bay for the
reconstruction of San Sebastian Court from Upper Bay Road to Dead End.

Discussion and action on the bid requirements, acquisition, and installation of the
“Kid Course 1800” playground equipment

Public Works Director Paul Lopez stated that the Purchase Order was issued for the
KidCourse 1800 equipment, but the final color scheme still needed to be determined. It
will be approximately 12 weeks before the equipment is shipped. The City will likely
request that the vendor store the equipment and will pay for a storage fee to do so. Once
the location is determined, the Department will obtain a quote for installation and

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sitework. There was a brief discussion on the estimated costs for acquisition and
installation.

Councilmember Sandra Mossman requested additional information on the timeline for
selecting the final location of the KidCourse 1800. Parks & Recreation Committee
Chairman Roscoe Lee provide a recap of the recent City Council decisions for
consideration of David Braun Park and Howard Ward Park.

At the most recent Parks & Recreation Committee meeting, members evaluated each
site location, and stated there were general concerns with David Braun Park due to
flooding issues. In general, Mr. Lee believes the new equipment will not be insurable and
will have a reduced shelf life. There are concerns about disinfection after a natural
disaster and increased traffic in the park.

Per Mayor Pro Tem Don Matter’s request, Mr. Lee stated the Committee evaluated
Howard Ward Park, and indicated the most significant issue to be determination of
property lines, as a survey is needed. At Howard Ward Park, there are setback
requirements and sewer lines to consider, in addition to the possibility of tree removal.
Overall, he stated, that any option in Howard Ward Park is likely more feasible than
David Braun Park.

Mr. Lee recognized there are difficult issues regarding the location selection. When
originally proposed to install in Swan Lagoon Park, there was negative citizen feedback.
The City has developed a citizen survey to help with gathering feedback on the various
proposed sites. The Committee will calculate the results and present to Council to make
the final decision.

Councilmember Klug stated he was initially partial to David Braun Park as a site location,
but in terms of flooding, he believes Howard Ward Park may be the better alternative.
Although, he stated there should not be any interruption to the large field, with Mr. Lee is
agreement, and stated there is a site proposed adjacent to the current playground.

COUNCIL WORKSHOP

City Council held a workshop session to discuss the City’s current priorities and focus
areas, including Neighborhood of dreams, Recharge Our Corridor, Safe and Peaceful
Community, Renewed Infrastructure, and Vibrant Environments.

Presentation and discussion on the City’s EMS contracts with the cities of El Lago
and Taylor Lake Village

Finance Director Csilla Ludanyi provided an overview of the City’s existing contracts with
the cities of El Lago and Taylor Lake Village. Ms. Ludanyi detailed the current EMS
Department revenue for Fiscal Year 2022, which included ambulance permits, EMS
fees, contract agreements with El Lago and Taylor Lake Village, and Nassau Bay
property tax. Both El Lago and Taylor Lake Village pay $30,000 per year.

Finance Director Ludanyi continued the EMS Department’s primary expenditures, which
were inflexible, and would not decrease with fewer contracted cities. The largest costs
were personnel costs and contract services for a medical director. She also provided the

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EMS expenditures from FY2012 through FY2022 and detailed possible funding ratio
scenarios.

Finance Director Ludanyi provided additional considerations and stated that if funding
negotiations push El Lago and Taylor Lake Village toward another provider, the City
would lose approximately once cent on the property tax rate of guaranteed funding for
EMS and a portion of the Fee Revenue collected, without much flexibility on cost
reductions. Additionally, she stated that updated contract negotiations should provide for
ongoing, annual updates such as a two-to-three percent annual increase.

Councilmember Phil Johnson inquired on potential servicers for El Lago and Taylor Lake
Village, with Ms. Ludanyi responding Seabrook. She indicated that the City of Webster
has contracted with Acadian. Councilmember Sandra Mossman supported the idea of an
updated contract with ongoing annual increases. Councilmember Ashley Graves was
also in agreement.

Mayor Pro Tem Don Matter on inquired the total cost per household for El Lago and
Taylor Lake Village. Councilmember Bryce Klug indicated that the City of Nassau Bay
pays proportionally more than El Lago and Taylor Lake Village. Councilmember Johnson
requested the City evaluate options to implement small increases for the contracts with
El Lago and Taylor Lake Village.

Fire Chief Tom George emphasized that the City’s EMS department to be one of the
best in the region. Compared to Acadian, Nassau Bay’s EMS personnel has much more
paramedic experience. Chief George also stated that in the previous budget cycle EMS
personnel were given hourly increases.

Councilmember Johnson commented on the reaction time by the EMS Department, and
that perhaps the City should pay more of the share as Nassau Bay benefits from the
EMS location. Chief George indicated the response to be three to four minutes and
much farther for El Lago and Taylor Lake Village, with the travel time across NASA
Parkway.

Councilmember Klug requested the City proceed with small increase for revenue.
Finance Director Ludanyi suggested a new contract should be implemented by the next
Fiscal Year budget, and that contract negotiations should begin in March.

Presentation and discussion on possible future expenditures for the restoration of
the Nassau Bay boardwalk, and possible placement of the restoration project on
the City’s Capital Improvement Plan

Public Works Director Paul Lopez provided an update on the Upper Bay boardwalk, as
there is a need to begin planning for repairs. The City Engineers indicated there is a
need to replace several sections, therefore Mr. Lopez needs to begin discussions on
funding for repairs. There was a brief discussion on the age, type of materials for
replacement, and costs of material options.

Update and discussion on the City’s parks and playgrounds

Public Works Director Paul Lopez provided a status update on the new playground
equipment for David Braun Park, including the “Stadium” ninja model. The vendor

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GameTime is waiting for the ropes for the equipment. David Braun Park is evaluated
daily to ensure safety of the current playground equipment. Councilmember Matt Prior
inquired on the timeline to acquire the ropes, with Mr. Lopez stating it to be unknown.

Continuing, Public Works Director Lopez provided a status update of Swan Lagoon
Park. The original manufacturer found the original plans for the playground, but don’t
believe the platform that needs to be replaced due to corrosion, can indeed be replaced.
The current replacement cost for a compatible platform is approximately $128,000,
which would include the whole playground, demolition of the current playground, and
installation.

Councilmember Bryce Klug questioned the cost, describing the estimate to be higher
than expected. Mr. Lopez stated that the estimate included demolition and installation
costs of $50,000. Additionally, GameTime is anticipating a 17 to 22 percent increase in
costs for playground equipment. Councilmember Ashley Graves inquired since new
equipment for Swan Lagoon Park is budgeted for Fiscal Year 2023, if there were other
options to explore for replacement. Mr. Lopez stated that if the vendor cannot provide
replacement, then the City can look at an outside fabricator.

Councilmember Sandra Mossman voiced support for additional equipment, and for
children to play safely. Councilmember Klug inquired whether there were any concerns
with insurability, and Mr. Lopez responded there was not. Finance Director Ludanyi
indicated that although there may be a lack of warranty, the City’s liability insurance
covers City equipment.

Councilmember Klug inquired on estimates for a quicker fix for Swan Lagoon Park, with
Mr. Lopez projecting it to be between $10,000 and $30,000. Public Works Director
Lopez noted that a quicker fix would be suitable for only a couple of years. Mayor Bob
Warters supported this option in order to reinstate the availability of the playground for
the community.

Discussion on the mitigation, relocation, or removal options for the NASA
Parkway art monuments

Mayor Bob Warters voiced his personal opinion was to remove the art monument, as he
receives many more negative comments on the monument than positive. He overviewed
previously discussed options, and also inquired on the ability to receive a quote from a
third-party contractor for demolition versus the already received $100,000 quote from the
original installation vendor. Mayor Warters believed the City could hire a demolition firm
for $10,000 to $15,000.

Councilmember Matt Prior reiterated support for investing funding to amplify the
landscaping and repair the lighting system on the monument. He stated he could not
support spending more funds on demolition and requested that it live up to its potential
for branding.

Mayor Warters indicated his request was only to gather demolition quotes from
additional vendors than the original installation vendor. Councilmember Klug inquired
whether the EDC could fund the transaction if the estimate was less than $20,000.

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Councilmember Prior recognized that improvements were to be made, and with the
newly approved condominium development on NASA Parkway, there are opportunities
to enhance this portion of Nassau Bay. The was continued discussion on the costs and
funding mechanisms. Finance Director Ludanyi indicated that HOT funds could be
utilized for landscaping and lighting repairs, but demolition of the monument cannot be
paid for with HOT funds.

Councilmember Graves voiced support for Councilmember Prior’s statement, and
agreed it was the best option moving forward during this transitional period. Mayor
Warters referenced the large expense to repairs the lights, along with maintenance
costs. He indicated that since HOT funds could be used for these items, it is a rationale
decision to move forward.

Presentation and discussion on the City’s election options, specifically for the
May 2022 General Officers’ Election and the November 2022 Sales Tax Election

City Secretary Sandra Ham provided an overview of several options for the coming May
2022 City Officers’ General Election, and detailed the potential costs, City involvement
and staff workload, and use of balloting machines for each option. These options
included a City hosted election with paper ballots, City hosted election with electronic
balloting machines, and a joint election with Harris County. Each option varied in pricing
and in involvement by City staff.

Councilmember Bryce Klug inquired on which option the City felt was most preferred,
with City Secretary Ham indicating the paper ballots, although a joint election with Harris
County would be the most reduced workload. Councilmember Klug noted that perhaps
Harris County may be the option to choose as there will be greater transparency in the
process. Councilmember Ashley Graves agreed, noting that during the City Manager
transition, many staff members will have increase job responsibilities, and believed it
best to allow Harris County to conduct the election. Councilmember Matt Prior agreed
that Harris County may be the most transparent process.

City Secretary Ham agreed a Harris County hosted election would be the smoothest for
her office, and indicated that she would provide the Order for Election at the January
City Council meeting, in which Council would officially take action on the method of the
election.

ADJOURNMENT

There being no further business, the meeting adjourned at 9:25 p.m.

Minutes approved as submitted and/or amended this 10th day of January A.D. 2022.

                                                     CITY OF NASSAU BAY, TEXAS

                                                     _________________________
                                                     Robert L. Warters
                                                     Mayor
ATTEST

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