REGULAR PORT COMMISSION MEETING
Regular MeetingPort Lavaca, TX · November 16, 2021
Minutes
REGULAR PORT COMMISSION MEETING
Tuesday, November 16, 2021 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 11/16/2021 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, November 16, 2021. Members attending were Commissioner David Roberts, Commissioner Mike
McGuire, Commissioner Michael Kovarek, Commissioner Larry Nichols, and Commissioner Jamie O’Neil.
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 and Christian Malbrough, GIS
Engineering.
Absent Member: Commissioner Sue Traylor
CONSENT AGENDA
1. APPROVAL OF MINUTES
a) MINUTES OF THE REGULAR MEETING OCTOBER 5, 2021
b) MINUTES OF THE SPECIAL PORT COMMISSION MEETING
OCTOBER 19, 2021
A motion was made to approve the minutes by Commissioner Mike McGuire, Seconded by Commissioner
David Roberts.
Motion Carries.
2. HARBOR MASTER REPORTS.
Checklist submitted by Jim Rudellat, Harbor Master.
Commissioners discussed this agenda item.
No action necessary and none taken.
REPORTS
3. RECEIVE FINANCIAL REORTS OF PORT REVENUE FUND.
a) Tariff Report
b) Account Aging Report
Port Lavaca, TX REGULAR PORT COMMISSION MEETING November 16, 2021
c) Payment Report
d) Revenue and Expenditure Report
e) Balance Sheet
f ) Profit and Loss Cash Flow Report
Motion to table until Special Port Commission Meeting, December 7, 2021, at 10:00 am.
Motion was made by Commissioner Larry Nichols, Seconded by Commissioner Mike Kovarek.
Motion Carries.
4. RECEIVE STATUS REPORTS OF CAPITAL IMPROVEMENT PROJECTS.
a) Upper Docks at City Harbor
The pre-construction meeting was held on 11-10-21. Staff Concrete intends to start 11-15-21.
b) Renovations to Nautical Landing Marina Breakwater, TPWL Grant
The plans are complete awaiting Texas Parks and Wildlife approval to bid the project.
Working on completing documents for approval including Texas Historical Commission &
Section 7 Environmental Assessment.
c) Disposal of dredge materials at Smith Harbor
Derrick Construction completed dredging on 9/23/21. Eddie Fisher completed the final
hydrographic survey. Waiting on documents to close out the project.
d) Repairs at tracts 9 and 10
Motion to authorize Jim Rudellat to obtain three (3) bids for repairs to Tracts 9 & 10.
Motion was made my Commissioner Mike McGuire and Seconded by David Roberts,
Motion Carries.
e) Repair of hill at Scully’s
Motion to authorized Jim Rudellat to move forward with Phillip Gonzales to repair the washes
and add the edging.
Motion was made by Commissioner Mike McGuire and Seconded by David Roberts.
Motion Carries.
f) Improvements to the Nautical Landings Marina Building
Barefoot Construction will begin door replacement.
g) Moorings for Poor Boy’s Bait
Motion to authorize Jim Rudellat to acquire up to 5 pilings at a reasonable price.
Motion was made Commissioner Mike McGuire and Seconded by Commissioner Mike Kovarek.
Motion Carries.
h) CDBG-MIT Coastal Resilience Project / Restore Project
We are still waiting on receipt of the grant contract documents from the GLO for this 13.6M CDBG-
Mitigation Grant. Three is no action to be taken until we receive this contract from the GLO. After
that we can begin negotiations with the selected engineer, Mott McDonald, for professional
engineering services for the project.
RESTORE: The revised application has been submitted and we are waiting on it's review by
TCEQ.
Port Lavaca, TX REGULAR PORT COMMISSION MEETING November 16, 2021
5. RECEIVE STATUS REPORTS ON SPECIAL PROJECTS.
a) Voluntary Restoration of disturbed final cover at the Harbor of Refuge Tract 16
Randy Boyd has paid and additional $15,000 and signed a letter acknowledging that this project
and other things will be accomplished by no later than December 15, 2021. Jim Rudellat will keep
in touch with RLB and be on site with Matt Glaze to make sure the work is completed properly.
Recall that the scope includes providing 18" of clay soil and 6" of topsoil over an area about 150'
x 95' and graded to drain.
b) Limited Phase II Environmental Site Assessment of Harbor of Refuge Tracts 16, 17,
and 17A.
There is no activity to report on this item.
As you recall, earlier this year we contracted with CRG Texas Environmental Services to perform
a Limited Phase II Environmental Site Assessment/TRRP Applicability Determination Report on the
referenced site. This report was submitted to TCEQ in early July, requesting TCEQ consider
exclusion of this site from further action under TRRP (Texas Risk Reduction Program).
It was my understanding from our consultant CRG that TCEQ had until November 1 to respond,
however I have not heard anything. John Hogue is on vacation this week, but I will try to get an
update prior to the Port Commission Meeting next week.
c) Proposed Air Burner for Brush Operations and Cleanup at the Harbor of Refuge.
Air Burner status:
Jody Weaver is waiting to get information back from Victoria Electric Coop on an estimated cost to
bring 3-phase power to the County's former landfill site, so the air burner can be powered with
electricity. Wayne Shaffer did meet with Commissioner Vern Lyssy a couple weeks ago and
conceptually identified a location for the burner. They discussed working together to establish a
brush/tire/recycle facility for all County residents. We are not sure yet whether improvement to the
access drive over the railroad from SH 87 is feasible, so access will probably be from Westerland
Grade/Landfill Road. I have mentioned to Mike Reeves with Republic that access may only be
available from the Landfill Road, and he will let me know if that will be an issue or not. Jim Rudellat
is working to get pricing to haul chips to Republic in Bloomington. We are limiting the contract to
$50,000 so we do not have to advertise in the newspaper with a full competitive bid package.
6. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT
ACTIVITY REPORT.
a) City Harbor
September 30, 2021, Gonzales Contracting looked over washes behind bulkhead on track
9 and the wash out behind Scully’s.
November 10, 2021, Pre-Construction meeting on high dock.
b) Nautical Landings Building
November 15, 2021 - Barefoot Construction will start door replacement.
November 9, 2021 – Allied Universal to sign lease for G4S.
November 8, 2021 - Council Ratified the below leases.
Port Lavaca Plumbing.
Bay Ltd.
Spiretek
Port Lavaca, TX REGULAR PORT COMMISSION MEETING November 16, 2021
c) Nautical Landings Marina
Awaiting sign and surrender of title from Dominic Diodato.
Matt Estes Estate - City Attorney is getting signatures from family.
Working with Colin Rangnow to locate the owner of the abandon boat
Horizon Environmental been onsite 0 times since last PC meeting.
d) Smith Harbor
Poor Boys Bait needs 5 pilings (plus shopping cost).
e) Harbor of Refuge
Shopping cost for mulch loading & hauling to Victoria Landfill.
Chief Rangnow and Wayne Shaffer are researching for cameras.
7. ANNOUNCEMENT BY THE CHAIRMAN THAT THE PORT COMMISSION WILL
RETIRE TO CLOSED SESSION
Chairman Alex Davila, announced that Port Commission would retire into closed session at 11:02 a.m.
8. RETURN TO OPEN SESSION AND TAKE ANY ACTION NECESSARY ON ITEM
DICUSSED IN CLOSED SESSION
Chairman Alex Davila announced that Port Commission was back in open session at 11:49 a.m. and there
would be no action taken with regard to matters discussed in closed session.
NEW BUSINESS
9. SCHEDULE SPECIAL MEETING TO REVIEW PROPOSALS FOR TRACT 3 AND 7
FOR HARBOR OF REFUGE
Tabled until Special Port Commission Meeting, December 7, 2021, at 10:00 am.
COMMENTS
10. COMMENTS FROM THE COMMISSIONERS
No Comments.
ADJOURNMENT
A motion was made by Commissioner Mike McGuire to adjourn the meeting. It was seconded by Commissioner Larry
Nichols. The meeting was adjourned at 11:52 A.M.
Agenda
REGULAR PORT COMMISSION MEETING
Tuesday, November 16, 2021 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, NOVEMBER 16, 2021 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”.
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Port Lavaca, TX REGULAR PORT COMMISSION MEETING November 16, 2021
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 THE REGULAR MEETING OCTOBER 5, 2021
b) MINUTES OF THE SPECIAL PORT COMMISSION MEETING
OCTOBER 19, 2021
2. HARBOR MASTER REPORTS
REPORTS
3. RECEIVE FINANCIAL REORTS 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 CAPITAL IMPROVEMENT PROJECTS
a) Upper Docks at City Harbor - Presenter Matt Glaze
b) Renovations to Nautical Landing Marina Break-water, TPWL Grant
- Presenter Matt Glaza
c) Disposal of dredge materials at Smith Harbor - Presenter Alex Davila
d) Repairs at tracts 9 and 10 – Presenter Jim Rudellat
e) Repair of hill at Scully’s – Presenter Jim Rudellat
f) Improvements to the Nautical Landings Marina Building - Presenter Jim Rudellat
g) Moorings for Poor Boy’s Bait – Presenter Jim Rudellat
h) CDBG-MIT Coastal Resilience Project / Restore Project – Presenter Jody Weaver
5. RECEIVE STATUS REPORTS ON SPECIAL PROJECTS
a) Voluntary Restoration of disturbed final cover at the Harbor of Refuge
Tract 16 - Presenter Jody Weaver
b) Limited Phase II Environmental Site Assessment of Harbor of Refuge Tracts 16, 17,
and 17A - Presenter Jody Weaver
c) Proposed Air Burner for Brush Operations and Cleanup at the Harbor
of Refuge - Presenter Jody Weaver
Port Lavaca, TX REGULAR PORT COMMISSION MEETING November 16, 2021
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
7. ANNOUNCEMENT BY THE CHAIRMAN THAT THE PORT COMMISSION WILL
RETIRE TO CLOSED SESSION
FOR CONSULTATION WITH ATTORNEY ON A MATTER IN WHICH THE DUTY
OF THE ATTORNEY TO THE GOVERNING BODY, 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
NEW BUSINESS
9. SCHEDULE SPECIAL MEETING TO REVIEW PROPOSALS FOR TRACT 3 AND 7
FOR HARBOR OF REFUGE
COMMENTS
10. COMMENTS FROM THE COMMISSIONERS
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, NOVEMBER 16, 2021, beginning at 10:00 a.m., was posted at city hall,
easily accessible to the public, as of 10:00 a.m. Friday, NOVEMBER 12, 2021.
________________________________
Rachel Garza, Administrative Assistant
Port Lavaca, TX REGULAR PORT COMMISSION MEETING November 16, 2021
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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