Regular Port Commission Meeting

REGULAR PORT COMMISSION MEETING Tuesday, August 19, 2025, at 3:30 PM City Council Chambers | 202 N. Virginia Street, Port Lavaca, TX 77979 MINUTES Port Commission will consider/discuss the following items and take any action deemed necessary. STATE OF TEXAS § COUNTY OF CALHOUN § CITY OF PORT LAVACA § On this the 19th day of August 2025, the Port Commission of the City of Port Lavaca, Texas, convened in a regular session at 3:30 p.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: Raymond Butler Commissioner / Chairman Jerry Smith Commissioner / Secretary Jamie O’Neil Commissioner Larry Nichols Commissioner Jim Ward Commissioner Louis Rubio Commissioner And the following Commissioners absent: Sue Traylor CONSENT AGENDA - 1. APPROVAL OF MINUTES A) MINUTES OF JULY 15, 2025 - REGULAR PORT COMMISSION MEETING Motion made by Commissioner Ward Port Lavaca, TX REGULAR PORT COMMISSION MEETING August 19, 2025 NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF PORT LAVACA, TEXAS: THAT, the July 15th, 2025, minutes of the Regular Port Commission meeting held on August 19th, 2025, are hereby approved. Seconded by Commissioner Smith Motion passed by the following vote: Voting Aye: Raymond Butler, Jerry Smith, Larry Nichols, Jamie O’Neil, Jim Ward and Louis Rubio Voting Nay: None Motion carries. 2. RECEIVE HARBOR MASTER'S INSPECTION / MAINTENANCE REPORT FOR JULY 2025. Motion made by Commissioner Ward NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF PORT LAVACA, TEXAS: THAT, the Harbor Master’s July 2025 Inspection Reports of the Port Commission Regular meeting held on August 19th, 2025, are hereby approved. Seconded by Commissioner Smith Motion passed by the following vote: Voting Aye: Raymond Butler, Jerry Smith, Larry Nichols, Jamie O’Neil, Jim Ward and Louis Rubio Voting Nay: None Motion carries. Port Lavaca, TX REGULAR PORT COMMISSION MEETING August 19, 2025 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 August 19th, 2025. Agenda item discussed. No action taken. 4. CITY MANAGER’S REPORT  The following is a memo, in its entirety, from Jody Weaver Interim City Manager: 1.) TPWL Grant – Renovations to the Nautical Landings Marina Breakwater Derrick Construction started work on July 9th and is expected to be complete around August 15. 2.) CDBG-MIT Coastal Resilience Living Shoreline Project The attached correspondence was submitted to Congressman Cloud’s office and Senators Cruz and Cornyn on July 18. On July 29, we received communication from Kory Barone with the USACE who is working on our permit, which included the following information: “The timeline for completion and permit issuance will be around the end of August maybe earlier. I believe I have all information needed to continue working on the decision documents.” So, in the meantime, I am trying to finish up our front-end contract documents so that I am not the hold up once we get clearance to bid. a.) SWG-2024-00114 NEPA Extension 7-18-2025 b.) TEXAS GLO – CDBG-MIT Coastal Resiliency Contract No. 22-087-001- D226 Notification of Contract Fulfillment Port Lavaca, TX REGULAR PORT COMMISSION MEETING August 19, 2025 3.) ReStore (cleanup of old barge(s) in Smith Harbor) We have everything now to resubmit the environmental review (permit) to USACE. Our consultant Kim Griffin had a death in the family last month but has let us know that she will be submitting everything on August 18. I am working to complete the front-end contract bid documents for TCEQ approval. 4.) CDBG-MIT Round 2 Application for use of funds for Replacement of culverts under rail at Corporation Ditch and Voluntary Restoration of Refuge Shoreline On July 24, our consultants sent GLO a revised project map, per their request. We received notification this week that the grant paperwork is in the contracting phase at GLO. Once the contract is executed, we will immediately go to work to execute contracts with our consultants. 5.) GLO CEPRA rant (Harbor of Refuge Shoreline Protection) On July 25, I received communication that the engineer was gearing up for the USACE permit application and preparing to schedule a pre-application meeting with the USACE. I signed the required form to show that Mott McDonald is representing the City of Port Lavaca in this process. Ms. Kirsten McElhinney with Mott McDonald will be the main point of contact for coordination with the Corps. 6.) Funding Project to Install Rip-Rap at Harbor of Refuge (Tract 11) At a Special Meeting of the Port Commission a recommendation to Council of a contract award for the Smith Harbor portion of this project was voted on and Council is scheduled to vote on a contract award on August 18. The low bidder, Shirley & Sons is ready to mobilize immediately upon issuance of a Notice to Proceed, if done in the next couple of weeks. Staff have submitted 3 status reports and reimbursement requests in the amount of $41,400.00 to date. The grant dollars available are $400,000.00. 7.) TxDOT Truck Route signs: Wayne Shaffer has been able to locate an approved vendor and purchase the signposts ($10,000). We have not been told an ETA yet. 8.) Parking area on the SBA Steel property at the Harbor of Refuge Boat Ramp I emailed SBA Steel a proposed lease document suggesting an annual lease payment of $250.00. To refresh your memories on the discussion of how we arrived at this proposal: The area in question is approximately 22,000 sf (0.5 ac). According to the property valuation on the Calhoun County Appraisal District site, 5.24 acres is valued at $51,870.00 or $0.227/sf. The 0.5 acre in question therefore would have a value of approximately $4,950.00. Using a 10% rate of return, the resultant annual rental rate would be $495.00. Because the use of this 0.5 acre is for the benefit of the public and provides improved public access to the waterfront by providing parking space for the nearby public boat ramp, we were hoping they will consider a somewhat lower value and offered an annual rent of $250.00. Port Lavaca, TX REGULAR PORT COMMISSION MEETING August 19, 2025 9.) TxDOT Maritime Division We have had no updated communication with Emily Schmidbauer of the TxDOT Maritime Division. Oralia will be TxDOT’s contact as they start their 90th Legislative Session Mission Planning. 5. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT ACTIVITY REPORT a) City Harbor b) Nautical Landings Building 1.) Working on a scope to replace six big windows south end front of building, identify availability windstorm regulations. Report has been sent to G&W Engineering for review. Awaiting bids. c) Nautical Landings Marina 1.) Horizon Environmental has been onsite 18 times since last PC meeting. 2.) 22 August 2025 Derrick Construction should be completed with the breakwater Project. d) Smith Harbor 1.) 7 August 2025 Bid opening Smith Harbor improvements, Shirley & Sons Construction were the lowest bid. e) Harbor of Refuge 1.) 7 August 2024 LCI delivering material from Alamo Heights road project. f) To Do List – Raymond Butler ACTION ITEMS: NEW BUSINESS 6. DISCUSS POTENTIAL CAPITAL IMPROVEMENT PROJECT TO CONSTRUCT BULKHEADING ALONG THE NORTH SIDE OF SMITH HARBOR AND RELOCATE POOR BOY’S BAIT Motion made by Commissioner Nichols NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF PORT LAVACA, TEXAS: Port Lavaca, TX REGULAR PORT COMMISSION MEETING August 19, 2025 THAT, Chairman Butler recommends staff to request a Task Order from Urban Engineering for the remaining bulkhead work that included in the USACE Permit to bring back to Port Commission for approval. Seconded by Commissioner O’Neil. Motion passed by the following vote: Voting Aye: Raymond Butler, Jerry Smith, Larry Nichols, Jamie O’Neil, Jim Ward and Louis Rubio. Voting Nay: None Motion carries. 7. DISCUSS FLEETING AND MOORING POLICY IN PORTS & HARBORS Agenda item discussed. No action taken. ACTION ITEMS: LEASES 8. RECEIVE 90-DAY ADVANCE LEASE EXTENSION REQUESTS FROM: 1) SOMETHING MORE MEDIA with the one-year extension, this lease will expire on September 30, 2026. 2) BAY LTD. with the one-year extension, this lease will expire on October 31, 2026. 3) PORT LAVACA PLUMBING with the one-year extension, this lease will expire on October 31, 2026. 4) SPIRETEK with the one-year extension, this lease will expire on October 31, 2026. Agenda item discussed. No action taken. 9. DISCUSS NEW LEASE TERMS FOR POOR BOY'S BAIT Motion made by Commissioner Nichols NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF PORT LAVACA, TEXAS: THAT, Chairman Butler recommends structuring a new lease for Poor Boy’s Bait for a year for $1,500.00 a month. Seconded by Commissioner Smith. Port Lavaca, TX REGULAR PORT COMMISSION MEETING August 19, 2025 Motion passed by the following vote: Voting Aye: Raymond Butler, Jerry Smith, Larry Nichols, Jamie O’Neil, Jim Ward and Louis Rubio. Voting Nay: None Motion carries. 10. ANNOUNCEMENT BY CHAIRMAN THAT PORT COMMISSION WILL RETIRE INTO CLOSED SESSION: • TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY (DELIBERATION IN AN OPEN MEETING WOULD HAVE A DETRIMENTAL EFFECT ON THE POSITION OF THE GOVERNMENTAL BODY IN NEGOTIATIONS WITH A THIRD PARTY), IN ACCORDANCE WITH CHAPTER 551, TITLE 5, SECTION 551.072 OF THE TEXAS GOVERNMENT CODE  Chairman Butler announced that Port Commission would retire into closed session at 4:28 p.m. 11. RETURN TO OPEN SESSION AND TAKE ANY ACTION DEEMED NECESSARY WITH REGARD TO MATTERS IN CLOSED SESSION.  Chairman Butler announced that Port Commission was back in open session at 5:00 p.m. COMMENTS 12. COMMENTS FROM COMMISSIONERS Agenda item discussed. No action taken. ADJOURNMENT Commissioner Nichols made a motion to adjourn the meeting. Commissioner Rubio seconded the motion. Motion passed by the following votes: Voting Aye: Raymond Butler, Jerry Smith, Larry Nichols, Jamie O’Neil, Jim Ward and Louis Rubio. Voting Nay: None The meeting was adjourned at 5:03 p.m. Port Lavaca, TX REGULAR PORT COMMISSION MEETING August 19, 2025 These minutes were approved on September 16, 2025. ATTEST: Raymond Butler, Chairman Oralia G. Munoz, Admin. Assist.