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 Phil Johnson Position 1 Position 2 Ashley Graves Bryce Klug Position 3 Position 4 Sandra Mossman Matt Prior Position 5 Position 6
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 January 10, 2022 City Council Meeting | Page 1 of 60
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 January 10, 2022 City Council Meeting | Page 2 of 60
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. January 10, 2022 City Council Meeting | Page 3 of 60
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 January 10, 2022 City Council Meeting | Page 4 of 60
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 January 10, 2022 City Council Meeting | Page 5 of 60
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 M211122 Special Meeting & Workshop | Page 2 of 17 January 10, 2022 City Council Meeting | Page 6 of 60
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 M211122 Special Meeting & Workshop | Page 3 of 17 January 10, 2022 City Council Meeting | Page 7 of 60
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. M211122 Special Meeting & Workshop | Page 4 of 17 January 10, 2022 City Council Meeting | Page 8 of 60
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 M211122 Special Meeting & Workshop | Page 5 of 17 January 10, 2022 City Council Meeting | Page 9 of 60
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 M211122 Special Meeting & Workshop | Page 6 of 17 January 10, 2022 City Council Meeting | Page 10 of 60
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 M211122 Special Meeting & Workshop | Page 7 of 17 January 10, 2022 City Council Meeting | Page 11 of 60
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 M211122 Special Meeting & Workshop | Page 8 of 17 January 10, 2022 City Council Meeting | Page 12 of 60
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 M211122 Special Meeting & Workshop | Page 9 of 17 January 10, 2022 City Council Meeting | Page 13 of 60
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. M211122 Special Meeting & Workshop | Page 10 of 17 January 10, 2022 City Council Meeting | Page 14 of 60
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 M211122 Special Meeting & Workshop | Page 11 of 17 January 10, 2022 City Council Meeting | Page 15 of 60
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 M211122 Special Meeting & Workshop | Page 12 of 17 January 10, 2022 City Council Meeting | Page 16 of 60
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 M211122 Special Meeting & Workshop | Page 13 of 17 January 10, 2022 City Council Meeting | Page 17 of 60
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 M211122 Special Meeting & Workshop | Page 14 of 17 January 10, 2022 City Council Meeting | Page 18 of 60
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. M211122 Special Meeting & Workshop | Page 15 of 17 January 10, 2022 City Council Meeting | Page 19 of 60
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 M211122 Special Meeting & Workshop | Page 16 of 17 January 10, 2022 City Council Meeting | Page 20 of 60
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