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REGULAR PORT COMMISSION

Regular Meeting

Port Lavaca, TX · March 15, 2022

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Minutes

REGULAR PORT COMMISSION Tuesday, March 15, 2022, at 10:00 AM City Council Chambers | 202 N. Virginia Street, Port Lavaca TX 77979 MINUTES STATE OF TEXAS § COUNTY OF CALHOUN § CITY OF PORT LAVACA § MINUTES OF 03/15/2022 REGULAR PORT COMMISSION MEETING The agenda having been properly posted, Chairman Alex Davila called the meeting to order at 10:03 a.m. on Tuesday, March 15, 2022. Members attending were Commissioner David Roberts, Commissioner Mike McGuire, Commissioner Sue Traylor, and Commissioner Michael Kovarek. City Staff attending were, Interim City Manager Jody Weaver, Finance Director Susan Lang, Harbor Master Jim Rudellat and Rachel Garza. Visitors in attendance Matt Glaze, Urban Engineering. Absent Members: Commissioner Larry Nichols and Commissioner Jamie O’Neil CONSENT AGENDA 1. APPROVAL OF MINUTES a) MINUTES OF FEBRUARY 15, 2022 - REGULAR MEETING. A motion was made to approve the minutes by Commissioner Mike McGuire, Seconded by Commissioner Sue Traylor. Motion Carries. 2. RECEIVE HARBOR MASTER'S INSPECTION / MAINTENANCE REPORT Checklist submitted by Jim Rudellat, Harbor Master. REPORTS 3. RECEIVE FINANCIAL REPORTS OF PORT REVENUE FUND a) Tariff Report b) Account Aging Report c) Payment Report d) Revenue and Expenditure Report e) Balance Sheet f ) Profit and Loss Cash Flow Report Agenda item discussed. No action necessary and none taken. Port Lavaca, TX REGULAR PORT COMMISSION March 15, 2022 4. RECEIVE STATUS REPORTS OF ON-GOING PROJECTS City Harbor a) Upper Dock Repairs - Presenter Matt Glaze The handrails were delivered Friday (3-11-22) and scheduled to be installed. b) Repairs to Tracts 9 and 10 - Presenter Jim Rudellat March 4, 2022, Gonzales Contracting completed repairs at track 9. c) Repairs of hill at Scully's - Presenter Jim Rudellat February 16, 2022 Gonzales Contracting completed repairs behind Scully’s. Nautical Landings d) TPWL grant for renovations to Breakwater - Presenter Matt Glaze Urban has a scheduled conference call with TPWD at 10:00 am, 3/14/2022. e) Improvements to the Nautical Landings Marina Building - Presenter Jim Rudellat March 2, 2022, Barefoot Constructing completed door replacement and repaired the ceiling in the hallway at the south end of building. March 4, 2022, Barefoot Construction completed deck board replacement and updated the sign at the front of building. March 3, 2022, Marvelous Gardens trimmed palm trees and did some landscaping at the north end of the building. Smith Harbor f) Disposal of Dredge Materials at Smith Harbor - Presenter Jim Rudellat No new updates. g) CDBG-MIT Coastal Resilience Project / Restore Grant - Presenter Jody Weaver Kick-off meeting with John Besterio, GLO grant manager. On March 28, 2022, we should be ready for the approval of the engineering agreement with Mott McDonald at a Special Council meeting. Once contract is executed, Mott McDonald will begin work to apply for the Army Corps of Engineers permit. Scope includes construction of breakwater/living shorelines and enhancing the shorelines by creating march habitats and oyster reefs-fish habitats. Restore: No new updates. 5. RECEIVE STATUS REPORTS ON SPECIAL PROJECTS Harbor of Refuge h) Voluntary Restoration of Harbor of Refuge Tract 16 - Presenter Jody Weaver We received approval of our voluntary restoration plan last May. RLB agreed to complete the restoration work at no cost to the city, but that work was never completed. The work must be done without delay to avoid issues Port Lavaca, TX REGULAR PORT COMMISSION March 15, 2022 with TCEQ and/or the US Army Corps of Engineers. The work involves providing 18” of clay soil and 6” of topsoil over an area about 150’x95’ and graded to drain. Bids were solicited from 3 local contractors: Gonzales Contracting, Lester Contracting, and Sylva Construction. Contract was awarded to Lester Contracting for this restoration. i) CRG Environmental updates - Presenter Jody Weaver Wetlands Determination in the old landfill area of the Harbor of Refuge: I have contracted with CRG for a lump sum fee of $5,600 to identify aquatic features within the property and provide a written report documenting those findings. We should have that report by the latter part of April. Surface Soil Sampling in Tracts 11/12: As you recall an area of distressed vegetation was found on Tract 11/12 when a site inspection was done at the end of December 2021. I contracted with CRG for a lump sum fee of $3,800 to take surface soil samples and perform a chemical analysis. Last Friday CRG notified me that the did get a "hit" on petroleum hydrocarbons in one sample. It was some older asphalt-like material. No PAH's (polycyclic aromatic hydrocarbon) were detected so nothing to be concerned about. They will write up a letter report for the file, but no additional action is required. Limited Phase II Environmental Site Assessment CRG was out collecting groundwater samples and met with the wetlands guy on Thursday March 10 , 2022. j) Downtown Waterfront Master Plan update report - Presenter Jody Weaver On February 7th the Selection Committee met with representatives from LJA to review the proposed scope of the study and allow LJA to get a first-hand view of our waterfront assets. They recently submitted a professional services agreement and a work authorization proposal for $50,000 as follows: Initial consultation: $5,000 estimate Analysis and Needs Assessment: $10,000 flat fee Concept Plan: $8,000 flat fee Master Plan: $25,000 flat fee Reimbursable expenses: $2,000 estimate Council is expected to approve this Monday night and an initial site visit is tentatively set for March 31 st; at which time they are independently assisting the Visioning Committee with discussions regarding the gateway’s signs on Highway 35. 6. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT ACTIVITY REPORT a) City Harbor 1) February 16, 2022, Gonzales Contracting completed repairs behind Scully’s. 2) March 4, 2022, Gonzales Contracting completed repairs at track 9. 3) Waiting on handrail for the ADA ramp. b) Nautical Landings Building 1) March 2, 2022, Barefoot Constructing completed door replacement and repaired Ceiling in the hallway at the south end of building. 2) March 4, 2022, Barefoot Construction completed deck board replacement and updated the sign at the front of building. 3) March 3, 2022, Marvelous Gardens trimmed palm trees and did some landscaping at the north end of the building. Port Lavaca, TX REGULAR PORT COMMISSION March 15, 2022 c) Nautical Landings Marina 1) Awaiting sign and surrender title for Dominic Diodato. 2) Matt Estes City Attorney we have a probate court date on February 23, 2022. However, court date was canceled. 3) Abandon boat – No updates 4) Horizon Environmental has been onsite 0 times since last PC meeting. d) Smith Harbor 1) February 1, 2022, met with Gonzales Contracting look at the dredge spoils. e) Harbor of Refuge 1) Keith Schmidt with Alcoa; we had a meeting about the mulch. 2) Working on getting RLB trash piles removed. 3) March 10, 2022, CRG was on sight checking monitoring wells collecting groundwater ACTION ITEMS: NEW BUSINESS 7. ANNOUNCEMENT BY THE CHAIRMAN THAT THE PORT COMMISSION WILL RETIRE TO CLOSED SESSION Chairman Alex Davila, announced that Port Commission would “Pass” on closed session 8. RETURN TO OPEN SESSION AND TAKE ANY ACTION NECESSARY ON ITEM DICUSSED IN CLOSED SESSION Chairman Alex Davila announced that there would be no action taken. ADJOURNMENT A motion was made by Commissioner Michael McGuire to adjourn the meeting. It was seconded by Commissioner David Roberts. The meeting was adjourned at 11:08 a.m.

Agenda

REGULAR PORT COMMISSION Tuesday, March 15, 2022, at 10:00 AM 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 Port Commission upon the request of the chairman, any member(s) of Port Commission and/or the City Attorney: Announcement by the Chairman that Port Commission will retire into closed session for consultation with City Attorney on matters in which the duty of the attorney to the Port Commission 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 Port Commission 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 Port Commission will consider/discuss the following items and take any action deemed necessary. COVID-19 MEETING PROCEDURE Public notice is hereby given that the Port Commission of the City of Port Lavaca, Texas, will hold a meeting TUESDAY, MARCH 15, 2022, beginning at 10:00 a.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/81214967251?pwd=RjJVVzlqc0JpYWNHclNTQUc3aitiZz09 Meeting ID: 812 1496 7251 Passcode: 038039 One Tap Mobile +13462487799,81214967251#,,,,*038039# US (Houston) Dial by your location +1 346 248 7799 US (Houston) Port Lavaca, TX REGULAR PORT COMMISSION March 15, 2022 CALL TO ORDER 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. CONSENT AGENDA 1. APPROVAL OF MINUTES a) MINUTES OF FEBRUARY 15, 2022 - REGULAR MEETING. 2. RECEIVE HARBOR MASTER'S INSPECTION / MAINTENANCE REPORT REPORTS 3. RECEIVE FINANCIAL REPORTS OF PORT REVENUE FUND a) Tariff Report b) Account Aging Report c) Payment Report d) Revenue and Expenditure Report e) Balance Sheet f ) Profit and Loss Cash Flow Report 4. RECEIVE STATUS REPORTS OF ON-GOING PROJECTS City Harbor a) Upper Dock Repairs - Presenter Matt Glaze b) Repairs to Tracts 9 and 10 - Presenter Jim Rudellat c) Repairs of hill at Scully's - Presenter Jim Rudellat Nautical Landings d) TPWL grant for renovations to Breakwater - Presenter Matt Glaze e) Improvements to the Nautical Landings Marina Building - Presenter Jim Rudellat Smith Harbor f) Disposal of Dredge Materials at Smith Harbor - Presenter Jim Rudellat g) CDBG-MIT Coastal Resilience Project / Restore Grant - Presenter Jody Weaver 5. RECEIVE STATUS REPORTS ON SPECIAL PROJECTS Harbor of Refuge h) Voluntary Restoration of Harbor of Refuge Tract 16 - Presenter Jody Weaver i) CRG Environmental updates - Presenter Jody Weaver j) Downtown Waterfront Master Plan update report - Presenter Jody Weaver Port Lavaca, TX REGULAR PORT COMMISSION March 15, 2022 6. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT ACTIVITY REPORT a) City Harbor b) Nautical Landings Building c) Nautical Landings Marina d) Smith Harbor e) Harbor of Refuge ACTION ITEMS: NEW BUSINESS 7. ANNOUNCEMENT BY THE CHAIRMAN THAT THE PORT COMMISSION WILL RETIRE TO CLOSED SESSION FOR CONSULTATION WITH CITY ATTORNEY ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE PORT COMMISSION, UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS, CLEARLY CONFLICTS WITH THE OPEN MEETINGS ACT, IN ACCORDANCE WITH TITLE 5, CHAPTER 551, SECTION 551.071(B) OF THE TEXAS GOVERNMENT CODE 8. RETURN TO OPEN SESSION AND TAKE ANY ACTION NECESSARY ON ITEM DICUSSED IN CLOSED SESSION ADJOURNMENT CERTIFICATION OF POSTING NOTICE This is to certify that the above notice of a regular meeting of The Port Commission of The City of Port Lavaca, scheduled for Tuesday, March 15, 2022, beginning at 10:00 a.m., was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, March 11, 2022. /s/ Rachel Garza, Administrator Assistant Rachel Garza, Administrative Assistant 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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