City Council Special Meeting
Special MeetingPort Lavaca, TX · June 28, 2021
Minutes
Port Lavaca, TX CITY COUNCIL SPECIAL MEETING June 28, 2021
CITY COUNCIL SPECIAL MEETING
Monday, June 28, 2021 at 5:30 PM
Council Chambers at City Hall and also Electronically through Zoom
MINUTES
STATE OF TEXAS §
COUNTY OF CALHOUN §
CITY OF PORT LAVACA §
On this the 28th day of June, 2021, the City Council of the City of Port Lavaca, Texas, convened
in a special meeting at 5:30 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:
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
*Padron arrived 5:57 p.m. during item #3 (Desai Plat).
And with the following absent: None
Constituting a quorum for the transaction of business, at which time the following business was transacted:
I. CALL TO ORDER
• Mayor Whitlow called the meeting to order at 5:40 P.M. and presided.
II. COMMENTS FROM THE PUBLIC
• Mayor Whitlow asked for comments from the public and there were none.
III. ACTION ITEMS – (Council will consider/discuss the following items and take any action
deemed necessary)
1. Consider recommendation of the Planning Board for approval of a preliminary and final
plat located within the Port Lavaca Extra Territorial Jurisdiction (ETJ) for the Louis Neill
Subdivision, being a 4.162-acre tract of land situated in the Pascual Guajardo Survey,
Abstract No. 20, Calhoun County, Texas. Presenter is Jessica Carpenter
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING June 28, 2021
Development Services Director Carpenter advised Council that the request is for approval of a preliminary
and final plat located within the Port Lavaca Extra Territorial Jurisdiction (ETJ) for the Louis Neill
Subdivision, being a 4.162-acre tract of land situated in the Pascual Guajardo Survey, Abstract No. 20,
Calhoun County, Texas. The proposed ETJ preliminary plat is subdividing 4.162-acres from the 53.64-
acre remainder parcel. The Planning Board has reviewed and approved this single-family lot.
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 the Planning Board and staff, Council hereby
approves the preliminary and final plat located within the Port Lavaca Extra Territorial Jurisdiction (ETJ)
for the Louis Neill Subdivision, being a 4.162-acre tract of land situated in the Pascual Guajardo Survey,
Abstract No. 20, Calhoun County, Texas.
Seconded by Councilman District 6 Barr
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilman
District 5 Ward, Councilman District 6 Barr.
2. Consider recommendation of the Planning Board for approval of a replat for the Johnson
Subdivision, Block 6, Lots 12-16 and part of Lot 11 of Mariemont Subdivision, Section 3
Volume Z, Page 373 of the C.C.D.R. Samuel Shupe Survey, Abstract No. 0000 of Calhoun
County Texas. Presenter is Jessica Carpenter
Development Services Director Carpenter advised Council that the request is for approval of a replat for
the Johnson Subdivision, Block 6, Lots 12-16 and part of Lot 11 of Mariemont Subdivision, Section 3
Volume Z, Page 373 of the C.C.D.R. Samuel Shupe Survey, Abstract No. 0000 of Calhoun County Texas,
as presented with recommended conditions as follows:
1) Only driveway access shall be from Larry drive to lot 11.
2) Utility easement shown in the darker line color (same as building lines)
3) Comply with building permit processes upon replat approval and recordation.
4) Adhere to FEMA flood zone regulations.
The Planning Board has reviewed and approved this request with the above conditions.
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 the replat for the Johnson Subdivision, Block 6, Lots 12-16 and part of Lot 11 of Mariemont
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING June 28, 2021
Subdivision, Section 3 Volume Z, Page 373 of the C.C.D.R. Samuel Shupe Survey, Abstract No. 0000 of
Calhoun County Texas, as presented with recommended conditions as follows:
1) Only driveway access shall be from Larry drive to lot 11.
2) Utility easement shown in the darker line color (same as building lines)
3) Comply with building permit processes upon replat approval and recordation.
4) Adhere to FEMA flood zone regulations.
Seconded by Councilman District 2 Dent
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilman
District 5 Ward, Councilman District 6 Barr.
3. Consider recommendation of the Planning Board for approval of a preliminary and final
plat of Desai Subdivision, Block 1, Lot 1 and Lot 2, generally located north of Travis Street
and south of Tiny Browning Boulevard on SH 35 North. Presenter is Jessica Carpenter
Development Services Director Carpenter advised Council that the applicant for the proposed Desai
Subdivision plat is requesting to subdivide the 3.99-acre parcel currently developed as their La Quinta Inn
and Suites property, into two (2) lots. Lot one (1) is 1.28 acres and will be the lot for the current site of
the La Quinta Inn and Suites. Lot two (2) is 2.71 acres of undeveloped land adjacent to lot 1. The applicant
is preparing to develop lot 2 as a future hotel. Currently the preliminary plat is representing the access for
lot 2 through the existing access for the La Quinta hotel. The Planning Board has reviewed and approved
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 the preliminary and final plat of Desai Subdivision, Block 1, Lot 1 and Lot 2 (3.99 acres),
generally located north of Travis Street and south of Tiny Browning Boulevard on SH 35 North.
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. Consider approval of New Plan Options for the 2021-2022 Fiscal Year, with Texas Municipal
League (TML) Multi-State Intergovernmental Employee Benefits Pool, related to the city’s
group health insurance coverage. Presenter is Jody Weaver
Interim City Manager Weaver advised Council that staff has received and reviewed the available health
insurance plan options available to the City for the fiscal year beginning October 1, 2021. According to
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING June 28, 2021
the Texas Municipal League (TML) Health Benefits Pool, the City’s current provider of coverage, United
Health Care, will no longer be an option.
Had the United plan been offered, the cost of renewal would have likely increased by more than 6%.
Fortunately, the City’s risk pool has partnered with BCBSTX for what it believes to be a 6.9% cost of care
savings across the Pool. We are limited in our choices and must respond to TML by June 30, 2021.
Several plan options that closely resemble the City’s current plan have been compared. Based upon the
City’s utilization and experience, the coverage option that provide the best benefit for its employees will
only increase the current rates by 2.25%.
Changes to plan coverage are highlighted as follows:
1) The $30 co-pay for office visits will remain the same, but X-rays and laboratory testing will now
be included in the co-pay. The previous plan did not include those items in the office visit co- pay.
2) The prescription drug plan will now allow a 2-tiered Dispense as Written (DAW) option where
the difference can be paid by the employee if a Generic does not meet the health needs of the
employee. The previous plan did not cover the DAW and would only pay for Generic.
3) The Individual Deductible will increase by $200 (all plan choices had the same increase), and the
Out-of-Pocket Maximum will increase by $700 in total.
The City is projecting an increase to the annual budget of approximately $21,000 for Fiscal Year 2022, if
the City pays the entire amount of the premium increase. There would only be an offset of approximately
$4,000 if the City were to equally shift the increase on to its employees. Based upon this de minimis
amount, staff is recommending the City budget for the entire increase and maintain the employee portion
of premiums the same as last year. As with last year, the city expects to receive a “renewal credit” that
may offset the increase in premium contributions. Last year’s renewal credit amounted to $5,479.21 per
month or $65,751. TML has not made a final decision on this year’s credit, but we are hopeful that this
will help to offset the increased premiums for fiscal year 2022.
Staff recommends the approval of BCBSTX Option 2 as offered by TML Health Benefits Pool.
Motion made by Councilman District 3 Tippit
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 the BCBSTX
Option 2 Plan as offered by Texas Municipal League (TML) Health Benefits Pool for the 2021-2022
Fiscal Year, related to the city’s group health insurance coverage.
BE IT ALSO RESOLVED, That the City will absorb any increase in the cost of this plan.
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
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING June 28, 2021
5. 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 6:29 p.m.
6. 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 8:03 p.m. and there would be no
action taken with regard to matters in closed session,
IV. ADJOURN SPECIAL MEETING
Mayor asked for motion to adjourn.
Motion made by Councilman District 6 Barr, Seconded by Councilwoman District 4 (Mayor Pro Tem)
Padron
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
Special Meeting adjourned at 8:05 p.m.
These minutes were approved on July 12, 2021.
Jack Whitlow, Mayor
Mandy Grant, City Secretary
Page 5 of 5
Agenda
CITY COUNCIL SPECIAL MEETING
Monday, June 28, 2021 at 5:30 PM
Council Chambers at City Hall and also Electronically through Zoom
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 special
meeting Monday, June 28, 2021 beginning at 5:30 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:
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Meeting ID: 884 3366 4101
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I. CALL TO ORDER
II. COMMENTS FROM THE PUBLIC - Comments will be limited to three (3) Minutes
per individual unless permission to speak longer is received in advance
Port Lavaca, TX CITY COUNCIL SPECIAL MEETING June 28, 2021
III. ACTION ITEMS - Council will consider/discuss the following items and take any action
deemed necessary
1. Consider recommendation of the Planning Board for approval of a preliminary and final plat
located within the Port Lavaca Extra Territorial Jurisdiction (ETJ) for the Louis Neill
Subdivision, being a 4.162-acre tract of land situated in the Pascual Guajardo Survey, Abstract
No. 20, Calhoun County, Texas. Presenter is Jessica Carpenter
2. Consider recommendation of the Planning Board for approval of a replat for the Johnson
Subdivision, Block 6, Lots 12-16 and part of Lot 11 of Mariemont Subdivision, Section 3
Volume Z, Page 373 of the C.C.D.R. Samuel Shupe Survey, Abstract No. 0000 of Calhoun
County Texas. Presenter is Jessica Carpenter
3. Consider recommendation of the Planning Board for approval of a preliminary and final plat
of Desai Subdivision, Block 1, Lot 1 and Lot 2, generally located north of Travis Street and
south of Tiny Browning Boulevard on SH 35 North. Presenter is Jessica Carpenter
4. Consider approval of New Plan Options for the 2021-2022 Fiscal Year, with Texas Municipal
League (TML) Multi-State Intergovernmental Employee Benefits Pool, related to the city’s
group health insurance coverage. Presenter is Jody Weaver
5. 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
6. Return to Open Session and take any action deemed necessary with regard to matters in closed
session. Presenter is Mayor Whitlow
IV. ADJOURN SPECIAL MEETING
V. CERTIFICATION OF POSTING NOTICE
This is to certify that the above notice of a special meeting of the City Council of the City of Port
Lavaca, scheduled for Monday, June 28, 2021, beginning at 5:30 p.m., was posted at city hall,
easily accessible to the public, as of 5:00 p.m. Thursday, June 24, 2021.
_____/s/ Mandy Grant________________
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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