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REGULAR PORT COMMISSION MEETING

Regular Meeting

Port Lavaca, TX · September 17, 2024

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Minutes

REGULAR PORT COMMISSION MEETING Tuesday, September 17, 2024, 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 September 2024, the Port Commission of the City of Port Lavaca, Texas, convened in a 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 Robert Knox Commissioner Larry Nichols Commissioner And with the following Commissioners absent: Sue Traylor Commissioner Jamie O’Neil Commissioner CONSENT AGENDA 1. APPROVAL OF MINUTES A) MINUTES OF AUGUST 20, 2024 - 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 August 20th, 2024, minutes of the Regular Port Commission meeting held on September 17th, 2024, are hereby approved. Port Lavaca, TX REGULAR PORT COMMISSION MEETING September 17, 2024 Seconded by Commissioner Butler Motion passed by the following vote: Voting Aye: Alex Davila, Raymond Butler, Mike McGuire, Robert Knox, and Larry Nichols. Voting Nay: None Motion carries. 2. RECEIVE HARBOR MASTER'S INSPECTION / MAINTENANCE REPORT FOR AUGUST 2024. 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 August 2024 Inspection Reports of the Port Commission Regular meeting held on September 17th, 2024, are hereby approved. Seconded by Commissioner Butler Motion passed by the following vote: Voting Aye: Alex Davila, Raymond Butler, Mike McGuire, Robert Knox, and Larry Nichols. Voting Nay: None Motion carries. 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 meeting packet dated September 17th, 2024 Agendaitem discussed. No action was taken. Port Lavaca, TX REGULAR PORT COMMISSION MEETING September 17, 2024 4. CITY MANAGER'S REPORTS.  City Harbor Flood Light billing: We have received a credit from GEXA for the Public Dock Flood Lights, which I've attached. This doesn't however show what our new normal bill will be, so we'll need to wait another month for that.  TPWL Grant — Renovations to the Nautical Landings Marina Breakwater: I received this email this morning from Julie Dillard of TPWL  Good morning, Jody, I contacted FWS and he stated that he sent them revisions on 8/29 based on the responses received and that they have received those updates but FWS is still waiting to hear back. Thank you, Julie Dillard Boat Access and Target Range Grant Manager (512) 389-8773 — Office (737) 272-9957 — Cell  CDBG-MIT Coastal Resilience Living Shoreline Project Mott McDonald is progressing with the 70% design drawings and specifications for both a "continuous rock breakwater" and a "rock breakwater with one gap". The proposed bid scheme is as follows: Base Bid — Continuous Rock Breakwater built to +7 ft Additive 1 Bid — Add one gap shingled Additive 2 Bid — Northern rock breakwater built to +8 ft Additive 3 Bid — Southern rock breakwater built to +8 ft  ReStore (clean-up of old barge(s) in Smith Harbor) The Workplan has been prepared and submitted by our consultant Kim Griffith and has been approved. We are working on the environmental report and preliminary bid documents.  CDBG-MIT Round 2 Application for use of funds (Voluntary Restoration II and Culvert replacement at the Harbor of Refuge): We had a meeting with KSBJ (grant writers), the engineers and GLO last week and helped answer several RFI questions. We are hopeful that we will have a contract with GLO for the funding by early 2025.  Replacement of culverts under rail at Corporation Ditch (Harbor of Refuge) See above — CDBG-MIT Round 2 Application for use of funds 1 Port Lavaca, TX REGULAR PORT COMMISSION MEETING September 17, 2024  GLO CEPRA GRANT: No update information from GLO on progress.  MBMT Grant Downtown Waterfront Public Access Improvement: Matt and I haven't been able to coordinate our schedules to review this together, but we will meet next week so the COE permit application can be sent off.  Wetlands and Waters of the U.S. Delineation — 70 acres at the Harbor of Refuge. CRG Texas has done the field work, and I am waiting on a status report from them. 5. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT ACTIVITY REPORT a) City Harbor 1) September 9, 2024, City Council ratified Prestige Oysters lease for track 9 & 9A. 2) September 9, 2024, have a signed lease from Mike Hooks Dredging. Slip CH2 & CH3 (.4 acres for parking $1050 month.) 3) September 12, 2024, US Army Corps needs two slips annual leases. b) Nautical Landings Building 1) Working on building improvements lighting, two cupolas and storefront at the south end of the building. c) Nautical Landings Marina 1) Horizon Environmental has been on site 13 times since the last PC meeting. 2) Figured out water usage problem (11A Kennith Waller III) He has been contacted & working on the water bill. 3) September 11, 2024, Cox boat met with the Post Office received print outs Sent to TPWD they will except the letters and print outs, but we do have to hold new Public Auction due to time frame, which will start 18th through 25th September. d) Smith Harbor 1) September 9, 2024, I met with Poor Boys Bait about harbor improvements and moving his facility. e) Harbor of Refuge 1) August 11, 2024, CRG was onsite to start wetland delineation so we can commence leveling & spreading dirt. Port Lavaca, TX REGULAR PORT COMMISSION MEETING September 17, 2024 2) August 27, 2024, LCI delivering material from Alamo Heights Road project. 3) Weed control spraying – no updates. ACTIONS ITEMS: LEASES 6. DISCUSS NEW LEASE AGREEMENT FOR PORT LAVACA PLUMBERS, SOMETHING MORE MEDIA, AND BAY LIMITED - PRESENTER JODY WEAVER  A copy of the cost breakdown can be found in the Port Commission meeting packet dated September 17th, 2024 Motion made by Commissioner Nichols NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF PORT LAVACA, TEXAS: THAT, Chairman Davila, makes recommendation to accept the new lease proposals for Port Lavaca Plumbers, Something More Media and Bay Limited with the exception of the discount being removed and an actual MCI increase on the second year. Seconded by Commissioner Butler. Motion passed by the following vote: Voting Aye: Alex Davila, Raymond Butler, Robert Knox, and Larry Nichols. Voting Nay: Mike McGuire Motion carries. ACTION ITEMS: NEW BUSINESS 7. DISCUSS STATUS REPORT FROM THE TARIFF DEVELOPMENT COMMITTEE - PRESENTER JODY WEAVER Waiting for more information to be presented to the board regarding dispatch or answering service. Agenda item discussed. No action was taken. Port Lavaca, TX REGULAR PORT COMMISSION MEETING September 17, 2024 8. CONSIDER RECOMMENDATION TO COUNCIL TO AMEND CODE OF ORDINANCES, APPENDIX A – FEES, RATES AND CHANGES, CHAPTER 54 WATERWAYS FEES – PRESENTER JODY WEAVER  Presented on September 9, 2024, Regular City Council Meeting o First reading of the ordinance to change the Appendix A – Fees, rates and charges for Chapter 54 Waterways to include daily rates for general dockage and fleeting and mooring The second reading will be at the October 14th, 2024, Regular City Council Meeting. Motion made by Commissioner McGuire NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF PORT LAVACA, TEXAS: THAT, Chairman Davila, makes recommendation to present to Council the addition of Commercial Vessel Dockage Rates will only be available for leases of one year or more, less than a year will be charged at a daily rate. Seconded by Commissioner Butler. Motion passed by the following vote: Voting Aye: Alex Davila, Raymond Butler, Mike McGuire, Robert Knox, and Larry Nichols. Voting Nay: None Motion carries. COMMENTS 9. COMMENTS FROM THE COMMISSIONERS. Agenda item discussed. No action necessary. ADJOURNMENT Commissioner Nichols made a motion to adjourn the meeting. Commissioner Butler seconded this motion. Motion passed by the following vote: Voting Aye: Alex Davila, Raymond Butler, Mike McGuire, Robert Knox, and Larry Nichols. Voting Nay: None Port Lavaca, TX REGULAR PORT COMMISSION MEETING September 17, 2024 The meeting was adjourned at 11:34 a.m. These minutes were approved on October 15th, 2024. ATTEST: Alex Davila, Chairman Rachel Garza, Admin Assist.

Agenda

REGULAR PORT COMMISSION MEETING Tuesday, September 17, 2024 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. MEETING PROCEDURE Public notice is hereby given that the Port Commission of the City of Port Lavaca, Texas, will hold a meeting TUESDAY, SEPTEMBER 16, 2024 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: The meeting will also be available via the video conferencing application “ZOOM”. Join Zoom Meeting: https://us02web.zoom.us/j/87363494580?pwd=Z3L5yhwiEagU8dAarzpYefYzYna9bM.1 Meeting ID: 873 6349 4580 Passcode: 750795 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 September 17, 2024 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 by logging on with your computer and using "Join Zoom Meeting" information on first page of this agenda). CONSENT AGENDA 1. APPROVAL OF MINUTES A) MINUTES OF AUGUST 20, 2024 - REGULAR MEETING 2. RECEIVE HARBOR MASTER'S INSPECTION / MAINTENANCE REPORT FOR AUGUST 2024. 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. CITY MANAGER'S REPORTS. 5. 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 ACTIONS ITEMS: LEASES 6. DISCUSS NEW LEASE AGREEMENT FOR PORT LAVACA PLUMBERS, SOMETHING MORE MEDIA, AND BAY LIMITED - PRESENTER JODY WEAVER Port Lavaca, TX REGULAR PORT COMMISSION MEETING September 17, 2024 ACTION ITEMS: NEW BUSINESS 7. DISCUSS STATUS REPORT FROM THE TARIFF DEVELOPMENT COMMITTEE - PRESENTER JODY WEAVER 8. CONSIDER RECOMMENDATION TO COUNCIL TO AMEND CODE OF ORDINANCES, APPENDIX A – FEES, RATES AND CHANGES, CHAPTER 54 WATERWAYS FEES – PRESENTER JODY WEAVER COMMENTS 9. 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, September 17, 2024, beginning at 10:00 a.m., was posted at city hall, easily accessible to the public, as of 05:00 p.m. Friday, September 13, 2024. /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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