City Council Regular Meeting
Regular MeetingPort Lavaca, TX · February 14, 2022
Minutes
Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
CITY COUNCIL REGULAR MEETING
Monday, February 14, 2022 at 6:30 PM
City Council Chambers | 202 N. Virginia Street, Port Lavaca TX 77979
MINUTES
STATE OF TEXAS §
COUNTY OF CALHOUN §
CITY OF PORT LAVACA §
On this the 14th day of February, 2022, the City Council of the City of Port Lavaca, Texas,
convened in a regular session at 6:30 p.m. at the regular meeting place in Council Chambers at City Hall,
202 North Virginia Street, Port Lavaca, Texas, with the following members in attendance:
I. ROLL CALL
Jack Whitlow Mayor
Jerry Smith Councilman, District 1
Tim Dent Councilman, District 2
Allen Tippit Councilman, District 3
Rosie G. Padron Councilwoman, District 4, Mayor Pro Tem
Jim Ward Councilman, District 5
Ken Barr Councilman, District 6
And with the following absent:
None
Constituting a quorum for the transaction of business, at which time the following business was transacted:
II. CALL TO ORDER
• Mayor Whitlow called the meeting to order at 6:36p.m. and presided.
III. INVOCATION
• Councilman Ward gave the invocation.
IV. PLEDGE OF ALLEGIANCE
• Mayor Whitlow – Pledge of Allegiance.
V. PRESENTATION(S) BY THE MAYOR None
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
VI. COMMENTS FROM THE PUBLIC - Limited to 3 minutes per individual unless permission to speak longer
is received in advance. You may make public comments as you would at a meeting on Zoom by logging on with your
computer and/or smart phone as described in the zoom invitation below or on Facebook Live through the comment
section, which will be monitored and answered. As appropriate.
• Mayor asked for comments from the public and the following spoke:
o Jesse G. Cortez, 1503 eon Dr., Port Lavaca, TX, commented on drainage and speed limit
violations in Alamo Heights subdivision (3rd Street, Leon Dr. and Shofner Street)
VII. CONSENT AGENDA - Council will consider/discuss the following items and take any action
deemed necessary
A. Minutes of January 10, 2022 Regular Meeting
B. Minutes of January 31, 2022 Special and Workshop
C. Payment of Invoices Exceeding $1,500
D. Receive monthly Financial Highlight Report
E. Consider 4th Quarterly Investment Report ending December 31, 2021
F. Consider Resolution No. R-021422-1 to approve Annual Review of the City of Port
Lavaca’s Investment Policy and Strategy
G. Consider Amendments to the City of Port Lavaca’s Purchasing Policy and Procedures
proposed by the City Finance and Investment Committee
H. Consider Gonzalez final plat located on Henry Barber Way, legal description is A0137
Samuel Shupe, part of tract 1, being 12.449 acres and PIN #14186
Motion made by Councilman District 6 Barr
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves all consent agenda
items as listed:
Seconded by Councilman District 5 Ward
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
VIII. ACTION ITEMS - (Council will consider/discuss the following items and take any action
deemed necessary)
1. Consider Resolution No. R-021422-2 of the City of Port Lavaca, Texas for Intent to Establish
the Property Assessed Clean Energy (PACE) Program. Presenter is Jessica Carpenter
Motion made by Councilman District 1 Smith
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
WHEREAS, The 83rd Regular Session of the Texas Legislature enacted the Property Assessed Clean
Energy Act, Texas Local Government Code Chapter 399 (the “PACE Act”), which allows the governing
body of a local government, including a City or County, to designate an area of the territory of the local
government as a region within which an authorized representative of a local government and the record
owners of commercial, industrial, and large multifamily residential (5 or more dwelling units) real
property may enter into written contracts to impose assessments on the property to repay the financing by
the owners of permanent improvements fixed to the property intended to decrease water or energy
consumption or demand; and
WHEREAS, the installation or modification by property owners of qualified energy or water saving
improvements to commercial, industrial, and large multifamily residential real property in the City will
further the goals of energy and water conservation without cost to the public; and
WHEREAS, the City Council finds that financing energy and water conserving projects through
contractual assessments (“PACE financing”) furthers essential government purposes, including but not
limited to, economic development, reducing energy consumption and costs, and conserving water
resources; and
WHEREAS, the City Council, subject to the public hearing scheduled as provided below, at which the
public may comment on the proposed program and the report issued contemporaneously with this
resolution, finds that it is convenient and advantageous to establish a program under the PACE Act and
designate the entire geographic area within the City’s jurisdiction as a region within which a designated
City authorized representative and the record owners of qualified real property may enter into PACE
financing agreements:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
The Recitals to this Resolution are true and correct and are incorporated into this Order for all purposes.
The City hereby adopts this Resolution of Intent and finds that financing qualified projects through
contractual assessments pursuant to the PACE Act is a valid public purpose.
The City intends to make contractual assessments to repay PACE financing for qualified energy or water
conserving projects available to owners of commercial, industrial, and large multifamily residential real
property. The program is to be called the City of Port Lavaca Property Assessed Clean Energy Program
(“Port Lavaca PACE”).
The following types of projects are qualified projects for PACE financing that may be subject to such
contractual assessments: Projects that (a) involve the installation or modification of a permanent
improvement fixed to privately owned commercial, industrial, or residential real property with five (5) or
more dwelling units, and (b) are intended to decrease energy or water consumption or demand, including
a product, device, or interacting group of products or devices on the customer’s side of the meter that uses
energy technology to generate electricity, provide thermal energy, or regulate temperature.
An assessment may not be imposed to repay the financing of facilities for undeveloped lots or lots
undergoing development at the time of the assessment or the purchase or installation of products or devices
not permanently fixed to real property.
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
The boundaries of the entire geographic area within the City’s jurisdiction, including its extraterritorial
jurisdiction, are the boundaries of the region where PACE financing and assessments can occur.
Financing for qualified projects under the PACE program will be provided by qualified third-party lenders
chosen by the owners. Such lenders will execute written contracts with the City’s authorized representative
to service the assessments, as required by the PACE Act. The contracts will provide for the lenders to
determine the financial ability of owners to fulfill the financial obligations to be repaid through
assessments, advance the funds to owners on such terms as are agreed between the lenders and the owners
for the installation or modification of qualified projects, and service the debt secured by the assessments,
directly or through a servicer, by collecting payments from the owners pursuant to contracts executed
between the lenders and the owners. The lender contracts will provide that the City will maintain and
continue the assessments for the benefit of such lenders and enforce the assessment lien for the benefit of
a lender in the event of a default by an owner. The City will not, at this time, provide financing of any sort
for the PACE program.
The City will contract with Texas PACE Authority, a qualified non-profit organization to be the
independent third-party Authorized Representative. The City will consult with the County Tax
Assessor/Collector for Calhoun County.
The report on the proposed PACE program prepared as provided by Tex. Local Gov’t Code Sec. 399.009,
is available for public inspection on the City’s Internet website and in the office of the at 202 N. Virginia
Street, Port Lavaca, Texas 77979 and is incorporated in this resolution and made a part hereof for all
purposes. The City Council will hold a public hearing on the proposed PACE program and report on the
14th day of March, 2022 at 6:30 p.m. in the Council Chambers at City Hall, 202 N. Virginia Street, Port
Lavaca, Texas 77979.
Seconded by Councilman District 5 Ward
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
2. Consider agreement between the City of Port Lavaca and the Calhoun County YMCA for
operation of the Municipal Swimming Pool from April 01, 2022 to September 30, 2022.
Presenter is Jody Weaver
Michele Morales, Executive Director of the Calhoun County YMCA, was in attendance and addressed
Council. She advised there was a typo on Exhibit A showing the hours of operation as beginning at 11:00
p.m. and the correct time is at 11:00 a.m. The pool will always close by 6:00 p.m. Morales also advised
Council that the rate of pay for the Lifeguards would be raised $1.00 per hour. She said this is not part of
the contract; however, she wanted to keep Council informed.
Motion made by Councilman District 6 Barr
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
THAT, in accordance with recommendation of staff, Council hereby approves agreement between
the City of Port Lavaca and the Calhoun County YMCA for operation of the Municipal Swimming Pool
from April 01, 2022 to September 30, 2022.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all instruments
necessary to effect such agreement.
Seconded by Councilman District 5 Ward
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
3. Consider request of Mike Bender from The Cowboy Fellowship of Port Lavaca Church for
the use of Bayfront Peninsula Park Pavilion for an Easter Sunday Service on April 17, 2022
from 6:00 a.m. to 12:00 p.m. and waive any fees associated with the event. Presenter is
Mandy Grant
Motion made by Councilman District 5 Ward
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves request of Mike
Bender from The Cowboy Fellowship of Port Lavaca Church for the use of Bayfront Peninsula Park
Pavilion for an Easter Sunday Service on April 17, 2022 from 6:00 a.m. to 12:00 p.m. and waive any fees
associated with the event.
Seconded by Councilman District 6 Barr
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
4. Receive quarterly report from the Police Department for the newly formed Mental Health
Peace Officer position. Presenter is Clinton Wooldridge
Clinton Wooldridge, Mental Health Peace Officer for the Police Department presented a quarterly report
to City Council.
No action necessary and none taken.
5. Receive annual report from the Police Department for Racial Profiling. Presenter is Colin
Rangnow
Police Chief Rangnow presented the annual Racial Profiling Report to City Council.
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
No Action necessary and none taken.
6. Consider request of Our Lady of the Gulf Catholic Church to host a walking procession on
“Good Friday”, April 15, 2022, from 10:00 a.m. to 1:00 p.m., assistance with traffic control
from the Police Department and waive any fees associated with the event. Presenter is
Mandy Grant
Motion made by Councilman District 1 Smith
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves request of Our Lady
of the Gulf Catholic Church to host a walking procession on “Good Friday”, April 15, 2022, from 10:00
a.m. to 1:00 p.m., assistance with traffic control from the Police Department and waive any fees associated
with the event.
Seconded by Councilman District 5 Ward
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
7. Consider purchase of a Remote-Controlled (RC) Mower for the Streets Department.
Presenter is Wayne Shaffer
Motion made by Councilman District 2 Dent
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, Council hereby tables this agenda item until the next regular scheduled meeting.
Seconded by Councilman District 1 Smith
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
8. Consider amendment to the Professional Services agreement of Rawley McCoy and
Associates (RMA), PLLC for the City Hall Renovations Project. Presenter is Jody Weaver
Interim City Manager Weaver reminded Council that $280,000.00 was budgeted this year for
renovations to City Hall. She said that Rawley McCoy and Associates (RMA), PLLC had been
contracted for a fee of 9% of the estimatedcost of the scope of work proposed for bid, which was
$275,000.00 resulting in a $24,750.00 professional services fee.
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
Generally, the scope items include the following:
• Rework northside storefront for ADA accessibility
• Rework southside storefront for ADA accessibility
• Demolish patio concrete block wall and overhead arbor
• Replace Low windows with architectural panels along south length of west wall
• Paint ground floor exterior plaster areas
• Landscaping and irrigation
• Police Department entry sidewalks
• Pipe Bollards at PD and North entrance
(Some of this proposed scope was included with the intent of them being alternate bid items).
Weaver presented a rendering of a conceptual design of the southwest side of City Hall (Virginia Street
and Railroad) which includes 2 new supporting columns for the existing plaster overhang at the Virginia
door exit and to complement this overhang, a proposed patio canopy on the north end of the existing
"garden area" with two matching support columns. The canopy has a standing seam roof with wood
framing, glulam beam and metal soffit panel. With the addition of these two features to the architectural
design scope, the estimated construction cost would increase to $316,100.00 and thus RMA’s fee
would increase to $28,449.00. Note there are a few additional fees for surveying, windstorm
certification, and ADA inspection that arenot covered in the Architectural fee, which is estimated to
cost around $7,000.00.
Some of the design scope will be included as alternate bid items, so don't necessarily need to be awarded.
The question at this point is if Council likes the design of the canopy and the 4 masonry-wrapped steel
columns and would like to move forward with the design of these elements for bid. This will add
$3,699.00 to the Architectural fee and bring the estimated construction costs of the scope being bid to
$316,100.00.
Staff recommends authorizing the additional architectural fees to design for an estimated scope of
$316,100.00. There is no need to authorize any additional funds at this time until the project is bid.
However, with this authorization, it is likely that additional general fund dollars will be needed,
particularly if the decision is to award the base bid and alternates.
Motion made by Councilman District 2 Dent
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves amendment to the
Professional Services agreement of Rawley McCoy and Associates (RMA), PLLC for the City Hall
Renovations Project to include the two (2) columns and exclude the extra canopy. The additional
Architectural fee is not to exceed $3,700.00.
Seconded by Councilman District 3 Tippit
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
9. Consider first reading of an Ordinance (G-1-22) of the City of Port Lavaca regulating the
speed of vehicles in, along, and upon those streets located within the confines of the listed
residential subdivisions; establishing the rate of speed in and upon such streets in such
subdivisions; prescribing penalties; repealing all ordinances in conflict herewith; and
providing an effective date. Presenter is Jody Weaver
Motion made by Councilman District 2 Dent
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves the first reading of
an Ordinance (G-1-22) to include speed limits on Piekert Subdivision, addition of codification and penalty
clauses and correct some typos.
Seconded by Councilman District 3 Tippit
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
10. Consider recommendation of the Planning Board for approval of a conceptual boat storage
business to be located on Alcoa Drive. The legal description is A0137 Samuel Shupe, Tract
PT 3, being 28.546 acres within the city limits of Port Lavaca, Texas. Presenter is Jessica
Carpenter
Development Services Director Carpenter advised Council that the applicant, Joshua Wagner, is proposing
a boat storage business to be located on Alcoa Drive. The site location is currently not platted and is
vacant land. This boat storage business may have a maximum of 300 units depending on the level of
demand. The boat storage facility will be fenced and gated to provide security and ensure the safety to
the customers. The facility will have asphalt and concrete with approved drain systems. There will also
be a wash station for the customers to clean their boats.
The Future Land Use map designates this parcel as Commercial and Multi-family. The proposed boat
storage use would be in compliance with the Future Land Use map. The proposed boat storage will
support many aspects highlighted as goals and objective in the Comprehensive plan. (Pg. 147
Comprehensive Plan).
The Planning Board and staff recommend approval of this request.
Motion made by Councilman District 2 Dent
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
THAT, in accordance with the recommendation of the Planning Board and staff, Council hereby
approves request of Joshua Wagner for a conceptual boat storage business to be located on Alcoa Drive.
The legal description is A0137 Samuel Shupe, Tract PT 3, being 28.546 acres within the city limits of
Port Lavaca, Texas.
Seconded by Councilman District 5 Ward
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
RECESS:
Mayor Whitlow announced commencement of recess at 8:18 p.m.
Mayor Whitlow announced conclusion of recess at 8:31 p.m.
11. Consider recommendation of the Planning Board for approval of a conceptual high density
residential area for multifamily apartment complex development. To be located to the north
of Parker Road on Broadway Street to Tiney Browning Boulevard. Presenter is Jessica
Carpenter
Development Services Director Carpenter advised Council that the applicant, Jeff Beckler, Assistant VP
of Development for Zimmerman Properties, LLC, is proposing a multifamily apartment complex. The
general site location is currently not platted and is vacant land. The preliminary density is anticipated to
be 60 units. This is contingent upon if the developer is awarded a Texas Department of Housing and
Community Affairs (TDHCA) Grant to fund the development of the proposed apartment complex.
The applicant is proposing 60 units of workforce housing for Port Lavaca. It will be a mix of 2- and 3-
bedroom units and 50 of the 60 units will be at or below 60% Average Median Income (AMI) for Calhoun
County. The remaining 10 will be market rate units. They will hit a number of income bands for the
citizens, which really gives flexibility for all employment. All residents will be required to prove income,
employment, and credit and criminal background checks. This is not a Section 8 property. Amenities
include washer/dryer in each unit, dishwasher in each unit, fitness center, library, computer access,
community area, clubhouse, tot lot for kids with a playground, BBQ area, etc.
The Planning Board and staff recommend approval of this request.
Motion made by Councilman District 5 Ward
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of the Planning Board and staff, Council hereby
approves request of Jeff Beckler, Assistant VP of Development for Zimmerman Properties, LLC, for a
conceptual high density residential area for multifamily apartment complex development. To be located
to the north of Parker Road on Broadway Street to Tiney Browning Boulevard.
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
Seconded by Councilman District 1 Smith
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
12. Consider Resolution No. R-021422-3 for support for the application of the Lavaca Bay
Apartments as an affordable rental housing development.. Presenter is Jessica Carpenter
Motion made by Councilman District 5 Ward
WHEREAS, ZP Lavaca Bay Apartments, LP has proposed a development for affordable rental housing
at southwest corner of Tiney Browning Blvd. and Broadway Street named Lavaca Bay Apartments in the
City of Port Lavaca and
WHEREAS, ZP Lavaca Bay Apartments, LP has communicated that it intends to submit an application
to the Texas Department of Housing and Community Affairs (“TDHCA”) for 2022 Housing Tax Credits
for Lavaca Bay Apartments
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, as provided for in 10 TAC §11.3(c), it is expressly acknowledged and confirmed that the
City of Port Lavaca has more than twice the state average of units per capita supported by Housing Tax
Credits or Private Activity Bonds and
BE IT FURTHER RESOLVED, that the City of Port Lavaca hereby supports the proposed Lavaca
Bay Apartments, and confirms that its governing body has voted specifically to approve the construction
or rehabilitation of the Development and to authorize an allocation of Housing Tax Credits for the
Development pursuant to Tex. Gov’t Code §2306.6703(a)(4), and
BE IT FURTHER RESOLVED that for and on behalf of the City Council, Jack Whitlow,
Mayor is hereby authorized, empowered, and directed to certify this resolution to the Texas
Department of Housing and Community Affairs (TDHCA).
Seconded by Councilman District 6 Barr
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
13. Consider recommendation of the Planning Board for approval of a conceptual T-Mobile
cellular phone store and a Starbucks café with a drive-thru. To be generally located north of
Travis Street and south of Tiney Browning Boulevard on SH 35 N. Presenter is Jessica
Carpenter
Page 10 of 12
Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
Development Services Director Carpenter advised Council that the applicant is proposing to open a T-
Mobile cellular phone store and a Starbucks café with a drive-thru. The site location is adjacent to the
White Oak strip mall development, south of Murphy’s fuel station, north of the La Quinta hotel, and west
of Walmart. The plat for this location to be developed is ready for signatures and recording.
The Future Land Use map designates this parcel as Commercial; therefore, this proposed business is
compliant.
The Planning Board and staff recommend approval of this request.
Motion made by Councilman District 6 Barr
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of the Planning Board and staff, Council hereby
approves a conceptual T-Mobile cellular phone store and a Starbucks café with a drive-thru. To be
generally located north of Travis Street and south of Tiney Browning Boulevard on SH 35 N.
Seconded by Councilman District 5 Ward
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
14. Announcement by Mayor that City Council will retire into closed session:
• For consultation with City Attorney on matters in which the duty of the Attorney to the
City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with the Open Meetings Act (Title 5, Chapter 551, Section
551.071(2) of the Texas Government Code). Presenter is Mayor Whitlow
Mayor Whitlow announced that Council would retire into closed session at 8:41 p.m.
15. Return to Open Session and take any action deemed necessary with regard to matters in
closed session. Presenter is Mayor Whitlow
Mayor Whitlow announced that Council was back in open session at 9:55 p.m.
No action necessary and none taken.
IX. ADJOURNMENT
Mayor asked for motion to adjourn.
Motion made by Councilman District 6 Barr, Seconded by Councilman District 1 Smith
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Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
Meeting adjourned at 9:56 p.m.
These minutes were approved on March 14, 2022.
ATTEST:
Jack Whitlow, Mayor
Mandy Grant, City Secretary
Page 12 of 12
Agenda
CITY COUNCIL REGULAR MEETING
Monday, February 14, 2022 at 6:30 PM
City Council Chambers | 202 N. Virginia Street, Port Lavaca TX 77979
PUBLIC NOTICE OF MEETING
The following item will be addressed at this or any other meeting of the city council upon the request
of the mayor, any member(s) of council and/or the city attorney:
Announcement by the mayor that council will retire into closed session for consultation with
city attorney on matters in which the duty of the attorney to the city council under the Texas
disciplinary rules of professional conduct of the state bar of Texas clearly conflicts with the
open meetings act (title 5, chapter 551, section 551.071(2) of the Texas government code).
(All matters listed under the consent agenda item are routine by the city council and will be enacted
by one motion. There will not be separate discussion of these items. If discussion is desired, that
item will be removed from the consent agenda and will be considered separately.)
AGENDA
Council will consider/discuss the following items and take any action deemed necessary.
COVID-19 MEETING PROCEDURE
Public notice is hereby given that the City Council of the City of Port Lavaca, Texas, will hold a regular
meeting Monday, February 14, 2022 beginning at 6:30 p.m., at the regular meeting place in Council
Chambers at City Hall, 202 North Virginia Street, Port Lavaca, Texas to consider the following items of
business:
Due to COVID-19 concerns, social distancing guidelines will be encouraged for in-person attendance.
The meeting will also be available via the video conferencing application “ZOOM”.
Join Zoom Meeting:
https://us02web.zoom.us/j/81272883011?pwd=djY1eWhwdFpmbWRvdkVTR1FJRjNOUT09
Meeting ID: 812 7288 3011
Passcode: 524348
One Tap Mobile
+13462487799,,81272883011#,,,,*524348# US (Houston)Dial by your location
+1 346 248 7799 US (Houston)
I. ROLL CALL
II. CALL TO ORDER
III. INVOCATION
IV. PLEDGE OF ALLEGIANCE
Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
V. PRESENTATION(S)
VI. COMMENTS FROM THE PUBLIC - Limited to 3 minutes per individual unless permission to
speak longer is received in advance. You may make public comments as you would at a meeting on
Zoom by logging on with your computer and/or smart phone as described in the zoom invitation
below or on Facebook Live through the comment section, which will be monitored and answered.
As appropriate.
VII. CONSENT AGENDA - Council will consider/discuss the following items and take any action
deemed necessary
A. Minutes of January 10, 2022 Regular Meeting
B. Minutes of January 31, 2022 Special and Workshop
C. Payment of Invoices Exceeding $1,500
D. Receive monthly Financial Highlight Report
E. Consider 4th Quarterly Investment Report ending December 31, 2021
F. Consider Resolution No. R-021422-1 to approve Annual Review of the City of Port Lavaca’s
Investment Policy and Strategy
G. Consider Amendments to the City of Port Lavaca’s Purchasing Policy and Procedures
proposed by the City Finance and Investment Committee
H. Consider Gonzalez final plat located on Henry Barber Way, legal description is A0137 Samuel
Shupe, part of tract 1, being 12.449 acres and PIN #14186
VIII. ACTION ITEMS - Council will consider/discuss the following items and take any action deemed
necessary
1. Consider Resolution No. R-021422-2 of the City of Port Lavaca, Texas for Intent to Establish
the Property Assessed Clean Energy (PACE) Program. Presenter is Jessica Carpenter
2. Consider agreement between the City of Port Lavaca and the Calhoun County YMCA for
operation of the Municipal Swimming Pool from April 01, 2022 to September 30,
2022. Presenter is Jody Weaver
3. Consider request of Mike Bender from The Cowboy Fellowship of Port Lavaca Church for
the use of Bayfront Peninsula Park Pavilion for an Easter Sunday Service on April 17, 2022
from 6:00 a.m. to 12:00 p.m. and waive any fees associated with the event. Presenter is Mandy
Grant
4. Receive quarterly report from the Police Department for the newly formed Mental Health
Peace Officer position. Presenter is Clinton Wooldridge
5. Receive annual report from the Police Department for Racial Profiling. Presenter is Colin
Rangnow
6. Consider request of Our Lady of the Gulf Catholic Church to host a walking procession on
“Good Friday”, April 15, 2022, from 10:00 a.m. to 1:00 p.m., assistance with traffic control
from the Police Department and waive any fees associated with the event. Presenter is Mandy
Grant
7. Consider purchase of a Remote-Controlled (RC) Mower for the Streets Department. Presenter
is Wayne Shaffer
Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
8. Consider amendment to the Professional Services agreement of Rawley McCoy and
Associates (RMA), PLLC for the City Hall Renovations Project. Presenter is Jody Weaver
9. Consider first reading of an Ordinance (G-1-22) of the City of Port Lavaca regulating the
speed of vehicles in, along, and upon those streets located within the confines of the listed
residential subdivisions; establishing the rate of speed in and upon such streets in such
subdivisions; prescribing penalties; repealing all ordinances in conflict herewith; and
providing an effective date. Presenter is Jody Weaver
10. Consider recommendation of the Planning Board for approval of a conceptual boat storage
business to be located on Alcoa Drive. The legal description is A0137 Samuel Shupe, Tract
PT 3, being 28.546 acres within the city limits of Port Lavaca, Texas. Presenter is Jessica
Carpenter
11. Consider recommendation of the Planning Board for approval of a conceptual high density
residential area for multifamily apartment complex development. To be located to the north
of Parker Road on Broadway Street to Tiney Browning Boulevard. Presenter is Jessica
Carpenter
12. Consider Resolution No. R-021422-3 for support for the application of the Lavaca Bay
Apartments as an affordable rental housing development. Presenter is Jessica Carpenter
13. Consider recommendation of the Planning Board for approval of a conceptual T-Mobile
cellular phone store and a Starbucks café with a drive-thru. To be generally located north of
Travis Street and south of Tiney Browning Boulevard on SH 35 N. Presenter is Jessica
Carpenter
14. Announcement by Mayor that City Council will retire into closed session:
For consultation with City Attorney on matters in which the duty of the Attorney to the City
Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the Open Meetings Act (Title 5, Chapter 551, Section 551.071(2) of the
Texas Government Code). Presenter is Mayor Whitlow
15. Return to Open Session and take any action deemed necessary with regard to matters in closed
session. Presenter is Mayor Whitlow
IX. ADJOURNMENT
Port Lavaca, TX CITY COUNCIL REGULAR MEETING February 14, 2022
CERTIFICATION OF POSTING NOTICE
This is to certify that the above notice of a regular meeting of The City Council of The City of Port Lavaca,
scheduled for Monday, February 14, 2022, beginning at 6:30 p.m., was posted at city hall, easily
accessible to the public, as of 5:00 p.m. Thursday, February 10, 2022.
________________________________
Mandy Grant, City Secretary
ADA NOTICE
The Port Lavaca City Hall and Council Chambers are wheelchair accessible. Access to the building is
available at the primary north entrance facing Mahan Street. Special parking spaces are located in the
Mahan Street parking area. In compliance with the Americans with Disabilities Act, the City of Port
Lavaca will provide for reasonable accommodations for persons attending meetings. To better serve you,
requests should be received 24 hours prior to the meetings. Please contact City Secretary Mandy Grant
at (361) 552-9793 Ext. 230 for assistance.
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