City Council Special/Workshop Meeting
Special MeetingPort Lavaca, TX · September 27, 2021
Minutes
CITY COUNCIL SPECIAL/WORKSHOP MEETING
Monday, September 27, 2021 at 5:30 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 27h day of September, 2021, the City Council of the City of Port Lavaca, Texas,
convened in a special and workshop session 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:
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
And with the following absent:
Ken Barr Councilman, District 6
Constituting a quorum for the transaction of business, at which time the following business was transacted:
CITY COUNCIL SPECIAL MEETING
II. CALL TO ORDER
• Mayor Whitlow called the meeting to order at 5:35 P.M. and presided with the following
announcement:
III. COMMENTS FROM THE PUBLIC – Comments will be limited to three (3) Minutes per
individual unless permission to speak longer is received in advance.
• Mayor 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 6
Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING September 27, 2021
1. Consider award of a construction contract to vendor, Lester Contracting, for site subgrade
preparation for the New Skatepark project. Presenter is Jody Weaver
Interim City Manager Weaver reminded Council that the city had contracted with SPA Skatepark for
$270,000.00 to construct a Skate Park at Wilson Park. She said the $270,000.00 contract was based
upon an assumption of 12" of select fill below the concrete slab. She said the city contracted with TSI
Laboratories to perform soils testing and provide a geotechnical report and recommendations. The soils
turned out to be extremely expansive with a 4" potential vertical rise (PVR). To avoid significant
structural cracking, the PVR needs to be l". In order to prepare the subgrade to meet this PVR and bring
back to the existing ground elevation, a couple alternates were considered, but the less expensive of
the two was to cut 4 ft, lime stabilize 24" of subgrade and fill back the excavation with 4 ft of select
fill. Clearly this was beyond the initial design assumptions. SPA Skatepark’s scope of 12" of select
fill throughout the footprint is generally equivalent to the select fill required above the existing grade,
being O" in some places, and 2 ft and 3 ft in other places.
With SPA Skatepark’s help bids were solicited for this subgrade prep work. The low bidder was
local Lester Contracting, Inc. for $49,512.00.
Weaver reminded Council there is $190,000.00 budgeted for additional improvements to compliment
the skate park, including sidewalks, lighting, etc.· The Parks Board had talked about considering
reducing the footprint of the skatepark before paying for additional subgrade preparation out of this
fund; however, with an estimated cost of just $13,000.00 to perform the 12" thickness in the SPA
Skatepark contract, a reduction of the footprint is not going to save the city much and would sacrifice
quality of the park. Weaver would not recommend moving forward with a concrete skatepark with less
select fill than has been recommended by the Geotechnical Engineer.
With the expenditure of $49,512.00, that leaves $140,000.00 for other improvements. Note that solar
lights cost approximately $5,000.00 each, and sidewalks are $50.00 per Linear Foot. Weaver
recommended the construction contract be awarded to Lester Contracting, Inc. in the amount of
$49,512.60 for the subgrade preparation for the new Skate Park.
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 awarding a
construction contract to Lester Contracting, Inc. for site subgrade preparation for the New Skatepark
project, in the amount of $49,512.60.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all instruments
necessary to effect such agreement.
Seconded by Councilman District 1 Smith
Page 2 of 6
Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING September 27, 2021
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
2. Consider award of the construction bid to vendor, Staff Concrete Construction, for the City
Harbor Upper Dock Repairs. Presenter is Jody Weaver
Interim City Manager Weaver advised Council the final Hurricane Harvey damage eligible for FEMA
reimbursement is the repairs needed to the Upper Dock at City Harbor. She said the eligible scope
is limited to an area of the upper dock which is 142 ft long x 20 ft wide x 5" thick or 1183 CF. She
said because staff wanted to include construction of an ADA ramp for pedestrian access to the upper
dock from Fulton Street, the flatwork concrete at the upper dock is less at 128 ft long, but we are
constructing a 6" thickness instead of 5". The actual width is 17.3 ft which all equals 1107 cf which
is less than 1183 cf, so all of this upper flat work should be reimbursed.
Staff recently advertised for bids and received only one bid on September 7, 2021 from Staff Concrete
Construction. Weaver said that based upon her calculations, she anticipates that the city should receive
$39,505.00 in reimbursement from FEMA, which leaves $152,400.00 to complete the scope of the
Base Bid. She did confirm with FEMA that our procurement met all requirements, so there is no
issue in the fact that we received only one bid. In the Economic Development Capital Improvement
Plan for 2021-2022 fiscal year, staff has $150,000.00 budgeted for this project.
Weaver said that with the construction of the ADA ramp, pedestrian access to the upper dock from
Fulton Street will be safer. She said the city should consider the installation of a handrail for public
safety. Alternate Bid No. 1 is to install an aluminum handrail similar to that installed along the
recently completed bulkhead/walkway near Scully's restaurant. She said all these improvements are
pieces of the overall goal of a walking path which will go ultimately from the Bayfront Park, around
or through Clement Cove wetlands, around Scully's and City Harbor to Broadway Street. In addition,
long range plans are to potentially utilize this area for markets days, small festivals with food trucks etc.
Electrical conduit for future electrical outlets has been incorporated into the design.
Weaver said that in order to award the Base Bid and the Alternate handrail, staff will require
$103,650.00 of General Fund Reserves above what has already been budgeted (assuming FEMA
reimbursement as anticipated). Recall that the adopted 2021-2022 fiscal year budget shows over $4M
still available for Capital Improvement projects after required reserves and already budgeted items. Staff
recommends awarding a construction contract to Staff Concrete Construction in the amount of
$293,155.50 for the Upper Dock repairs.
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 awarding the
construction bid to Staff Concrete Construction, for the City Harbor Upper Dock Repairs, in the amount
of $293,155.50.
Page 3 of 6
Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING September 27, 2021
BE IT ALSO RESOLVED, that the City Manager is instructed to solicit bids to demolish the old
City Freezer Plant.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all instruments
necessary to effect such agreement.
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
3. Consider Resolution No. R-092721-1 for the City of Port Lavaca to renew the application
with the Texas Department of Housing and Community Affairs (TDHCA) to continue
participation in the HOME Investment Partnerships Program, Homeowner Reconstruction
Assistance Program. Presenter is Jessica Carpenter
Motion made by Councilman District 1 Smith
WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) has notified the
public of a funding availability to benefit low-income residents of the State of Texas communities through
the Texas HOME Investment Partnerships Program; and
WHEREAS, the City of Port Lavaca has identified significant housing needs, particularly for the
reconstruction of owner-occupied housing; and
WHEREAS, the City of Port Lavaca wishes to assist low-income homeowners with safe, decent,
sanitary and affordable housing, and at the same time enhance the health, economic, and aesthetic quality
of the community:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS, THAT:
ONE, the City of Port Lavaca, acknowledges and approves that an application be completed and
submitted to the TDHCA to participate in the HOME Investment Partnerships Program, Homeowner
Reconstruction Assistance Program.
TWO, the City of Port Lavaca will utilize general funds in the amount of $40,000 as cash reserve
to utilize during the agreement term for eligible program costs before reimbursements are received from
the State of Texas HOME Program.
THREE, HOME Program Match, if applicable, will be provided in accordance with 10 TAC 23 in
the amount of Fourteen Thousand Three Hundred dollars ($14,300.) or Eleven percent (11%) of project
hard costs, whichever is less, per household assisted through the Texas HOME Program, in the form of
waived fees, cash, leverage, and other forms of eligible match.
Page 4 of 6
Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING September 27, 2021
FOUR, the City of Port Lavaca designates JoAnna P. Weaver, City Manager, as the person
authorized to represent the City of Port Lavaca in all matters related to the HOME Program and, with
signature authority to sign all forms and documents related to the administration of the HOME Program,
including loan documents, grant agreements and the Reservation System Participation Agreement and/or
Contract, unless otherwise stated.
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
V. ADJOURN SPECIAL MEETING
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
Special Meeting adjourned at 6:04 p.m.
CITY COUNCIL WORKSHOP
VI. CALL TO ORDER
• Mayor Whitlow called the meeting to order at 6:04 P.M. and presided with the following
announcement:
VII. COMMENTS FROM THE PUBLIC – Comments will be limited to three (3) Minutes per
individua unless permission to speak longer is received in advance.
• Mayor asked for comments from the public and there were none.
VIII. ITEMS FOR DISCUSSION - Council will discuss the following items
1. Discuss and Review presentation of prioritization of a list of Sub-Standard Buildings for
demolition. Presenter is Jessica Carpenter
Council discussed this workshop item only. Move forward with 624 Mulberry Street property.
No action was taken.
Page 5 of 6
Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING September 27, 2021
2. Discuss and Review presentation of New “AMI” Water Meter System. Presenter is Wayne
Shaffer
Council discussed this workshop item only. Received presentation by Ferguson Waterworks
representatives Mr. Zeb Wright, BDM – Meters – Central Region and Mr. Barry Ferguson, AMR/AMI
Specialist.
No action was taken.
IX. ADJOURN WORKSHOP
Mayor asked for motion to adjourn.
Motion made by Councilwoman District 4 (Mayor Pro Tem) Padron
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
Workshop adjourned at 7:00 p.m.
These minutes were approved on October 11, 2021.
Jack Whitlow, Mayor
Mandy Grant, City Secretary
Page 6 of 6
Agenda
CITY COUNCIL SPECIAL/WORKSHOP MEETING
Monday, September 27, 2021 at 5:30 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 conduct a special
meeting and a workshop session on Monday, September 27, 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”.
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I. ROLL CALL
Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING September 27, 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 award of a construction contract to vendor, Lester Contracting, for site subgrade
preparation for the New Skatepark project. Presenter is Jody Weaver
2. Consider award of the construction bid to vendor, Staff Concrete Construction, for the City
Harbor Upper Dock Repairs. Presenter is Jody Weaver
3. Consider Resolution No. R-092721-1 for the City of Port Lavaca to renew the application with
the Texas Department of Housing and Community Affairs (TDHCA) to continue participation
in the HOME Investment Partnerships Program, Homeowner Reconstruction Assistance
Program. Presenter is Jessica Carpenter
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. Discuss and Review presentation of prioritization of a list of Sub-Standard Buildings for
demolition. Presenter is Jessica Carpenter
2. Discuss and Review presentation of New “AMI” Water Meter System. Presenter is Wayne
Shaffer
IX. ADJOURN WORKSHOP
CERTIFICATION OF POSTING NOTICE
This is to Certify that the above foregoing notice of a Special Meeting and a Workshop Session of the
City Council of the City of Port Lavaca, Texas, to be held Monday, September 27, 2021 beginning at 5:30
p.m., was posted at City Hall, easily accessible to the Public, as of 5:00 p.m., Wednesday, September 22,
2021.
/s/ Mandy Grant, City Secretary
ADA NOTICE
Port Lavaca, TX CITY COUNCIL SPECIAL/WORKSHOP MEETING September 27, 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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