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REGULAR PORT COMMISSION MEETING

Regular Meeting

Port Lavaca, TX · November 16, 2021

AgendaPacketMinutes

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”. Join Zoom Meeting: https://us02web.zoom.us/j/81464978163?pwd=bk9FRjh4NDJ4NU45V3dXMkJBdW5udz09 Meeting ID: 814 6497 8163 Passcode: 669935 One Tap Mobile +13462487799,,81464978163#,,,,*669935# US (Houston) Dial by your location +1 346 248 7799 US (Houston) 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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