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Regular Port Commission Meeting

Regular Meeting

Port Lavaca, TX · June 21, 2022

AgendaPacketMinutes

Minutes

REGULAR PORT COMMISSION MEETING Tuesday, June 21, 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 § On this the 21ST day of June 2022, the Port Commission of the City of Port Lavaca, Texas, convened in regular session at 10:00 a.m. in the regular meeting place in City Council Chambers at City Hall, 202 North Virginia Street, Port Lavaca, Texas, with the following Commissioners in attendance: ROLL CALL: Alex Davila Chairman David Roberts Commissioner Mike McGuire Commissioner Michael Kovarek Commissioner Jamie O'Neil Commissioner Larry Nichols Commissioner And with the following Commissioner(s) absent: Sue Traylor Commissioner CALL TO ORDER: Chairman Davila called the meeting to order and presided at 10:00 a.m. 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 MAY 17TH, 2022 - REGULAR MEETING. b) MINUTES OF JUNE 7TH, 2022 - SPECIAL MEETING. Port Lavaca, TX REGULAR PORT COMMISSION MEETING June 21, 2022 Motion made by Commissioner McGuire NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF PORT LAVACA, TEXAS: THAT, the minutes of the Port Commission regular meeting held on June 21, 2022, are hereby approved. Seconded by Commissioner Nichols. Motion passed by the following vote: Voting Aye: Alex Davila, David Roberts, Mike McGuire, Mickael Kovarek, Larry Nichols, Jamie O'Neil. Voting Nay: None 2. RECEIVE HARBOR MASTER'S INSPECTION / MAINTENANCE REPORT  A copy of these reports, in their entirety, can be found in the Port Commission's meeting packet. Motion made by Commissioner O’Neil NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF PORT LAVACA, TEXAS: THAT, the Harbor Master’s Inspection Report of the Port Commission regular meeting held on June 21, 2022, are hereby approved. Seconded by Commissioner Roberts. Motion passed by the following vote: Voting Aye: Alex Davila, David Roberts, Mike McGuire, Mickael Kovarek, Larry Nichols, Jamie O'Neil. Voting Nay: None REPORTS 3. RECEIVE FINANCIAL REPORTS OF PORT REVENUE FUND a) Tariff Report b) Account Aging Report c) Payment Report d) Revenue and Expenditure Report Port Lavaca, TX REGULAR PORT COMMISSION MEETING June 21, 2022 e) Balance Sheet f) Profit and Loss Cash Flow Report  A copy of these reports, in their entirety, can be found in the Port Commission's meeting packet. ACTION ITEM - RECEIVE STATUS REPORTS 4. ACTION ITEM - RECEIVE STATUS REPORTS a) Renovations to Nautical Landing Marina Breakwater - Presenter Jim Rudellat  Comments from Jim Rudellat, no updates to report. b) CDBG-MIT Coastal Resilience Project / Restore Grant - Presenter Jody Weaver  CDBG-MIT: Interim City Manager Weaver advised Commissioners, there is no new information to report other than the kick-off meeting she had with Mott McDonald. She will provide the Port Commission with an update each month.  Restore Grant: Interim City Manager Weaver advised Commissioners, there is no new information to report 5. ACTION ITEM - RECEIVE STATUS REPORTS ON SPECIAL PROJECTS a) Status report of Restoration of Harbor of Refuge Tract 16 - Presenter Jody Weaver  Municipal Solid Waste Permits Section received-a letter report dated June 3, 2022, indicating that the City of Port Lavaca has completed voluntary restoration of the disturbed area of the City of Port Lavaca Landfill (MSW Permit No. 1008 - revoked), located at Harbor of Refuge on FM 1090 South of Port Lavaca City Limits in Calhoun County. The report was submitted on your behalf by Mr. Matt A. Glaze, P. E., Urban Engineering, Victoria, Texas.  The report also indicates that restoration at the disturbed area of the landfill was performed as per the approved restoration plan dated February 24, 2021, and the revisions dated March 29, 2021. This letter acknowledges the receipt of the completion report dated June 3, 2022 b) CRG Limited Phase II Environmental Site Assessment of Harbor of Refuge Tracts 16, 17, and 17A - Presenter Jody Weaver  Interim City Manager Weaver advised Commissioners, there is no new information to report. Port Lavaca, TX REGULAR PORT COMMISSION MEETING June 21, 2022 6. ACTION ITEM - RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT ACTIVITY REPORT a) City Harbor  Coastal Bend Demolition started demoing old freezer plant slab May 31, 2022. b) Nautical Landings Building  Brown & Root has submitted a bid to make electrical upgrades and wood repairs to building. c) Nautical Landings Marina  Dominic Diodato: sailboat sold at auction May 28, 2022.  Matt Estes: City Attorney awaiting probate.  Abandon boat: Owner was located, city attorney in process of filing.  Horizon Environmental has been onsite two (2) times since last PC meeting. d) Smith Harbor  Dredge spoils waiting for it to dry out before moving. e) Harbor of Refuge  Will need council approval before cleaning up trash on Track 16.  Alcoa commenced hauling mulch June 14, 2022.  Met with the TCEQ May 26, 2022. ACTION ITEM - RECEIVE STATUS REPORTS 7. ACTION ITEMS - CONSIDER RENTAL RATES & TERMS FOR LEASES. a) Rental Track 9 & 10 - Presenter Jody Weaver  Comments from Interim City Manager Weaver waiting on City Attorney Anne Marie Odefey regarding the deed to Tract 10. CLOSED SESSION 8. 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 Port Lavaca, TX REGULAR PORT COMMISSION MEETING June 21, 2022 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(2) OF THE TEXAS GOVERNMENT CODE Chairman Davila announced that Port Commission would retire into closed session at 10:04 a.m. 9. 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 10:57 a.m. No action necessary and none taken. COMMENTS 10. COMMENTS FROM THE COMMISSIONERS. Agenda item discussed. No Action necessary and none taken. ADJOURNMENT Commissioner Roberts made a motion to adjourn the meeting. Commissioner McGuire seconded this motion. Motion passed by the following vote: Voting Aye: Alex Davila, David Roberts, Mike McGuire, Mickael Kovarek, Larry Nichols, Jamie O'Neil. Voting Nay: None Meeting adjourned at 11:52 a.m. These minutes were approved on July 19, 2022. ATTEST: Alex Davila, Chairman Rachel Garza, Admin. Assistant

Agenda

REGULAR PORT COMMISSION MEETING Tuesday, June 21, 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, JUNE 21, 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/82182482989?pwd=NVNDbi9HZVlHVUlBZTcvTVJvbzdTZz09 Meeting ID: 821 8248 2989 Passcode: 912619 One Tap Mobile +13462487799,,82182482989#,,,,*912619# US (Houston) Dial by your location +1 346 248 7799 US (Houston) Port Lavaca, TX REGULAR PORT COMMISSION MEETING June 21, 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 MAY 17TH, 2022 - REGULAR MEETING. B) MINUTES OF JUNE 7TH, 2022 - SPECIAL 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 ACTION ITEM - RECEIVE STATUS REPORTS 4. ACTION ITEM - RECEIVE STATUS REPORTS a) Renovations to Nautical Landing Marina Breakwater - Presenter Jim Rudellat b) CDBG-MIT Coastal Resilience Project / Restore Grant - Presenter Jody Weaver 5. ACTION ITEM - RECEIVE STATUS REPORTS ON SPECIAL PROJECTS a) Status report of Restoration of Harbor of Refuge Tract 16 - Presenter Jody Weaver b) CRG Limited Phase II Environmental Site Assessment of Harbor of Refuge Tracts 16, 17, and 17A - Presenter Jody Weaver 6. ACTION ITEM - 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 Port Lavaca, TX REGULAR PORT COMMISSION MEETING June 21, 2022 ACTION ITEM - RECEIVE STATUS REPORTS 7. ACTION ITEMS - CONSIDER RENTAL RATES & TERMS FOR LEASES. a) Rental Track 9 & 10 - Presenter Jody Weaver CLOSED SESSION 8. 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(2) OF THE TEXAS GOVERNMENT CODE 9. RETURN TO OPEN SESSION AND TAKE ANY ACTION NECESSARY ON ITEM DICUSSED IN CLOSED SESSION 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, June 21, 2022, beginning at 10:00 a.m., was posted at city hall, easily accessible to the public, as of 10:00 a.m. Friday, June 13, 2022. /s/ Rachel Garza . 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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