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City Council Special/Workshop Meeting

Special Meeting

Port Lavaca, TX · July 26, 2021

AgendaPacketMinutes

Minutes

Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING July 26, 2021 CITY COUNCIL SPECIAL/WORKSHOP MEETING Monday, July 26, 2021 at 3:30 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 26th day of July, 2021, the City Council of the City of Port Lavaca, Texas, convened in a special and workshop session at 3:30 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 *Dent arrived 3:47 p.m. during agenda item #3 (GBRA). 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 3:40 P.M. and presided. III. COMMENTS FROM THE PUBLIC • Mayor Whitlow asked for comments from the public and there were none: IV. ACTION ITEMS – (Council will consider/discuss the following items and take any action deemed necessary) Page 1 of 5 Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING July 26, 2021 1. Consider request of James Maikoetter for the use of the Bayfront Peninsula Park for the Annual Hard Head Derby on Friday, August 6 and Saturday, August 07, 2021. Presenter is Wayne Shaffer Public Works Director Shaffer advised Council he had received a request from Mr. James Maikoetter for use of the Bayfront Peninsula Park for the Annual Hard Head Derby on Friday, August 06, 2021 and Saturday, August 07, 2021 and also requests waiver of all applicable fees associated with the event. 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 the recommendation of staff, Council hereby approves the request of Mr. James Maikoetter to use the Bayfront Peninsula Park for the Annual Hard Head Derby on Friday, August 06, 2021 and Saturday, August 07, 2021 and hereby waives all applicable fees associated with the event. Seconded by Councilman District 6 Barr Voting Yea: Councilman District 1 Smith, Councilman District 3 Tippit, Councilwoman District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr Note: Councilman Dent District 2 arrived during Agenda Item #3 2. Consider request of Texas Made Fades Barber Shop for closure of Colorado Street between Main and Live Oak Streets for their back-to-school hair cut nonprofit event on Sunday, August 08, 2021 from 1:00 pm to 5:00 pm. Presenters are AJ Piña and Hiram Peña Mr. A. J. Piña and Mr. Hiram Peña, owners of Texas Made Fades Barber Shop, located inside Adore Me Salon at 202 E. Main Street, Port Lavaca, Texas, advised Council they were requesting closure of Colorado Street between Main and Live Oak Streets, on Sunday, August 08, 2021 from 12:00 p.m. to 5:00 p.m. for a non-profit Back-to-School Free Haircut Event put on by them for the community. They said they have done an event like this in Victoria with great success and this was their way to give back to the community in Port Lavaca. 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 the request of Mr. A. J. Piña and Mr. Hiram Peña, owners of Texas Made Fades Barber Shop at 202 E. Main Street, for closure of Colorado Street between Main and Live Oak Streets, on Sunday, August 08, 2021 from 12:00 p.m. to 5:00 p.m. for a non-profit Back-to-School Free Haircut Event and also waives all fees associated with this event. Page 2 of 5 Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING July 26, 2021 Seconded by Councilman District 5 Ward Voting Yea: Councilman District 1 Smith, Councilman District 3 Tippit, Councilwoman District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr Note: Councilman Dent District 2 arrived during Agenda Item #3 3. Consider amendment to the current professional services agreement between the City of Port Lavaca and the Law Offices of James Lee Murphy, Esq. to provide legal services regarding negotiations with the Guadalupe-Blanco River Authority (GBRA). Presenter is Jody Weaver Interim City Manager Weaver advised Council that this was a proposed amendment to the current agreement the city has with James Lee Murphy as Special Council. She said Mr. Murphy has agreed to a change to what he initially proposed as follows: Section 2. Term of Engagement. My representation will terminate upon the first to occur of (i) the close of business on December 31, 2022, unless the parties have entered into a written agreement, signed by each party, extending the Term for an additional period or periods; (ii) CLIENT elects to terminate the Agreement by paying the total legal services fee in full at an earlier date. In the event that we terminate the engagement, I will take such steps as are reasonably practicable to protect the Client's interests in the above matter. Section 3. Fees and Expenses. Client will pay, during the term of this engagement a fee of S3,000.00 per month for the term of the agreement, due in full upon execution of this Agreement but payable in equal monthly payments, subject to an inflation factor as reflected in the Municipal Cost Index to be applied annually after the effective date of the amendment. 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 the proposed amendments to the current Agreement the City has with James Lee Murphy as Special Council as follows: Section 2. Term of Engagement. My representation will terminate upon the first to occur of (i) the close of business on December 31, 2022, unless the parties have entered into a written agreement, signed by each party, extending the Term for an additional period or periods; (ii) CLIENT elects to terminate the Agreement by paying the total legal services fee in full at an earlier date. In the event that we terminate the engagement, I will take Page 3 of 5 Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING July 26, 2021 such steps as are reasonably practicable to protect the Client's interests in the above matter. Section 3. Fees and Expenses. Client will pay, during the term of this engagement a fee of S3,000.00 per month for the term of the agreement, due in full upon execution of this Agreement but payable in equal monthly payments, subject to an inflation factor as reflected in the Municipal Cost Index to be applied annually after the effective date of the amendment. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all instruments necessary to effect such agreement. 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 V. ADJOURN SPECIAL MEETING Mayor asked for motion to adjourn. Motion made by Councilman District 6 Barr, Seconded by Councilman District 2 Dent 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 3:50 p.m. Page 4 of 5 Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING July 26, 2021 WORKSHOP AGENDA: VI. CALL TO ORDER • Mayor Whitlow called the meeting to order at 3:51 P.M. and presided. VII. COMMENTS FROM THE PUBLIC - Comments will be limited to three (3) Minutes per individual unless permission to speak longer is received in advance • Mayor Whitlow asked for comments from the public and there were none. VIII. ITEMS FOR DISCUSSION - Council will discuss the following items 1. Receive presentation by Enterprise on proposed Fleet Management Program. Presenter is Jody Weaver Council discussed this workshop item. No action was taken. 2. Discuss 2021-22 Capital Improvement Plan (CIP). Presenter is Jody Weaver Council discussed this workshop item. No action was taken. IX. ADJOURN WORKSHOP Mayor asked for motion to adjourn. Motion made by Councilman District 5 Ward, 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 Workshop adjourned at 7:24 p.m. These minutes were approved on August 09, 2021. Jack Whitlow, Mayor Mandy Grant, City Secretary Page 5 of 5

Agenda

CITY COUNCIL SPECIAL/WORKSHOP MEETING Monday, July 26, 2021 at 3:30 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 special and workshop meeting MONDAY, JULY 26, 2021 beginning at 3:30 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/86087810281?pwd=dXMvckppMElYUmZhbGVrK1NEM3d3dz09 Meeting ID: 860 8781 0281 Passcode: 516698 One Tap Mobile +13462487799,,82182482989#,,,,*912619# US (Houston) Dial by your location +1 346 248 7799 US (Houston) I. ROLL CALL Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING July 26, 2021 CITY COUNCIL SPECIAL MEETING II. CALL TO ORDER III. COMMENTS FROM THE PUBLIC - Comments will be limited to three (3) Minutes per individual unless permission to speak longer is received in advance IV. ACTION ITEMS - Council will consider/discuss the following items and take any action deemed necessary 1. Consider request of James Maikoetter for the use of the Bayfront Peninsula Park for the Annual Hard Head Derby on Friday, August 6 and Saturday, August 07, 2021. Presenter is Wayne Shaffer 2. Consider request of Texas Made Fades Barber Shop for closure of Colorado Street between Main and Live Oak Streets for their back-to-school hair cut nonprofit event on Sunday, August 08, 2021 from 1:00 pm to 5:00 pm. Presenters are AJ Piña and Hiram Peña. 3. Consider amendment to the current professional services agreement between the City of Port Lavaca and the Law Offices of James Lee Murphy, Esq. to provide legal services regarding negotiations with the Guadalupe-Blanco River Authority (GBRA). Presenter is Jody Weaver V. ADJOURN SPECIAL MEETING CITY COUNCIL WORKSHOP VI. CALL TO ORDER VII. COMMENTS FROM THE PUBLIC - Comments will be limited to three (3) Minutes per individual unless permission to speak longer is received in advance VIII. ITEMS FOR DISCUSSION - Council will discuss the following items 1. Receive presentation by Enterprise on proposed Fleet Management Program. Presenter is Jody Weaver 2. Discuss 2021-22 Capital Improvement Plan (CIP). Presenter is Jody Weaver IX. ADJOURN WORKSHOP 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, July 26, 2021, beginning at 6:30 p.m., was posted at city hall, easily accessible to the public, as of 3:30 p.m. Friday, July 23, 2021. ________________________________ Lorena Perez-Diaz, Assistant City Secretary ADA NOTICE Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING July 26, 2021 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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