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Regular Port Commission Meeting

Regular Meeting

Port Lavaca, TX · January 17, 2023

AgendaPacketMinutes

Minutes

REGULAR PORT COMMISSION MEETING Tuesday, January 17, 2023, 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 17th day of January 2023, 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 Commissioner / Chairman Raymond Butler Commissioner / Secretary Mike McGuire Commissioner Sue Traylor Commissioner Jamie O’Neil Commissioner And with the following Commissioner absent: Michael Kovarek Commissioner Larry Nichols Commissioner CONSENT AGENDA 1. APPROVAL OF MINUTES a) MINUTES OF DECEMBER 20, 2022 - REGULAR MEETING. 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 January 17th, 2022, are hereby approved. Seconded by Commissioner Traylor. Port Lavaca, TX REGULAR PORT COMMISSION MEETING January 17, 2023 Motion passed by the following vote. Voting Aye: Alex Davila, Mike McGuire, Raymond Butler, Sue Traylor and Jamie O’Neil. Voting Nay: None 2. RECEIVE HARBOR MASTER'S INSPECTION / MAINTENANCE REPORT Motion made by Commissioner McGuire 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 January 17, 2023, are hereby approved. Seconded by Commissioner Traylor. Motion passed by the following vote. Voting Aye: Alex Davila, Mike McGuire, Raymond Butler, Sue Traylor and 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 e) Balance Sheet / Property Tax Distribution 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 dated January 17, 2023 Agenda item discussed. No action was taken. 4. ACTION ITEMS: RECEIVE STATUS REPORTS a) Renovations to Nautical Landings Marina Breakwater - Presenter Jody Weaver Comments from Jody Weaver, Interim City Manager, Matt Glaze states we have to get some approvals, US Fish & Wildlife and Texas Historical Commission. Port Lavaca, TX REGULAR PORT COMMISSION MEETING January 17, 2023 THC has been submitted. USFWS is waiting for a response from TPWD. b) CDBG-MIT Coastal Resilience Project / Restore Project - Presenter Jody Weaver Comments from Jody Weaver, still progressing on evaluating the alternatives and have a better idea when the computations will be completed.  A copy of the December 2022 Mott MacDonald Progress Report. can be found in the Port Commission Packet dated January 17, 2023 c) Discuss property values and evaluations - Presenter Jody Weaver Update on Port Facilities Appraisals We are working diligently to get them completed. Our office has another appraiser working on the Nautical Landings building and marina who is an expert in that asset class. I expect to have the first of our reports to you shortly with the remainder trickling by the end of this month. Thank you for your patience and feel free to reach out with any questions or concerns.  A copy of this memo and pictures can be found in the Port Commission Packet dated January 17, 2023 5. ACTION ITEM - RECEIVE STATUS REPORTS ON SPECIAL PROJECTS a) Status report regarding TCEQ inspection in June 2022 of Tract 17 and 17Ar - Presenter Jody Weaver Comments from Jody Weaver, Interim City Manager, requesting approval of two (2) time extensions in order to submit documentation of full compliance as explained and detailed below. 1 Track No. 818146 Photos of the cleanup of Area 3 of exposed MSW on December 14 and Dec 16, 2022 We completed the cleanup of MSW in Area 3 on December 16, 2022, and prepared a waste profile of all the collected debris from Areas 1, 2 and 3, which was placed in a roll- off container. We are waiting on test results back from the laboratory to provide to Republic Services, who will then haul the roll-off container to the landfill in Victoria, Texas for disposal. We will submit the disposal documentation as soon as we have it and respectfully request an extension to January 31, 2023, to do so. 2 Track No. 818159 and Track No. 818189 As reported in our response letter dated November 19, 2022, the contaminated soil has been placed in 55 gal drums on site. We had arranged for CRG Environmental, Inc. to haul these to the Victoria Landfill for disposal. Unfortunately, with weather delays and holiday schedules this did not happen in December, but it's scheduled to happen in the next couple of weeks. We respectfully request an extension to January 31, 2023, to submit all of the final disposal documentation. Port Lavaca, TX REGULAR PORT COMMISSION MEETING January 17, 2023 b) CRG Limited Phase II Environmental Site Assessment of the Harbor of Refuge Tracts 16, 17, and 17Ar - Presenter Jody Weaver Comments from Jody Weaver, Interim City Manager, from John Hogue. Finally have the recent sampling data back and I am working on finishing up the APAR. Should make the deadline. It's coming together. Only minor arsenic exceedance in one groundwater samples this time. Water and sediment were clean (no surprise). Although no one drinks the water there, you still have to assess to residential levels and as the arsenic PCL is federal, I'm unable to easily dismiss it. I'm going to spin this as an isolated exceedance not related to operations at or on the landfill. Naturally occurring arsenic in soil, etc. TPH issues that were there...have been addressed by the tenant's surface cleanup activities. Lead, arsenic, and barium were observed in soil but only arsenic made it to GW. No other chemical issues were identified. I was able to make lead and barium go away as concerns. Levels just aren't high enough. Will update you further as things progress. 6. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT ACTIVITY REPORT A) City Harbor 1) Ran ads for bids to lease track 9 & 9A. 2) The Galveston County Daily News on 11/23/2022 & 11/30/2022. 3) Corpus Christi Caller Times on 11/22/2022 & 11/29/2022. 4) Received no bids or inquiries. 5) Encore cleaned up track 10 & improved the road for exchange from Prestige Oysters, to secure one of their dredges for a couple of weeks. B) Landings Building Nautical 1) January 9th Council awarded Barefoot Construction the contract for repairs and upgrades to NLB. Port Lavaca, TX REGULAR PORT COMMISSION MEETING January 17, 2023 C) Nautical Landings Marina 1) Matt Estes City Attorney awaiting probate. 2) Abandon boat, found owner. In process of auctioning boat. 3) Horizon Environmental has been onsite 10 times since last PC meeting. D) Smith Harbor 1) Dredge spoils waiting for it to dry out before shaping up piles. E) Harbor of Refuge 1) Aerial spraying. 2) LCI has been hauling fill material & stockpiling. 3) Clean up track 11, 14 & brush staging area. 4) Alcoa should be moving the mulch as soon as it dries up. COMMENTS 7. COMMENTS FROM THE COMMISSIONERS No comments. ADJOURNMENT Commissioner Butler made a motion to adjourn the meeting. Commissioner McGuire seconded this motion. Motion passed by the following vote. Voting Aye: Alex Davila, Mike McGuire, Raymond Butler, Sue Traylor and Jamie O’Neil. Voting Nay: None Meeting adjourned at 11:06 a.m. Port Lavaca, TX REGULAR PORT COMMISSION MEETING January 17, 2023 These minutes were approved on February 21, 2023. ATTEST: Alex Davila, Chairman Rachel Garza, Admin. Assistant

Agenda

REGULAR PORT COMMISSION MEETING Tuesday, January 17, 2023 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 JANUARY 17, 2023 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/86573313989?pwd=OUVvQm9Nc2NtR25tWnRMb0NFbGhSdz09 Meeting ID: 865 7331 3989 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 January 17, 2023 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. CONSENT AGENDA 1. APPROVAL OF MINUTES a) MINUTES OF DECEMBER 20, 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 / Property Tax Distribution f ) Profit and Loss Cash Flow Report 4. ACTION ITEMS: RECEIVE STATUS REPORTS a) Renovations to Nautical Landings Marina Breakwater - Presenter Jody Weaver b) CDBG-MIT Coastal Resilience Project / Restore Project - Presenter Jody Weaver c) Discuss property values and evaluations - Presenter Jody Weaver 5. ACTION ITEM - RECEIVE STATUS REPORTS ON SPECIAL PROJECTS a) Status report regarding TCEQ inspection in June 2022 of Tract 17 and 17Ar - Presenter Jody Weaver b) CRG Limited Phase II Environmental Site Assessment of the Harbor of Refuge Tracts 16, 17, and 17Ar - Presenter Jody Weaver 6. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT ACTIVITY REPORT a) City Harbor b) Nautical Landings Building c) Nautical Landings Marina Port Lavaca, TX REGULAR PORT COMMISSION MEETING January 17, 2023 d) Smith Harbor e) Harbor of Refuge COMMENTS 7. 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, January 17, 2023, beginning at 10:00 a.m., was posted at city hall, easily accessible to the public, as of 10:00 a.m. Friday, January 13, 2023. /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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