SPECIAL PORT COMMISSION MEETING
Special MeetingPort Lavaca, TX · July 25, 2023
Minutes
SPECIAL PORT COMMISSION MEETING
Tuesday, July 25, 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 25th day of July 2023, the Port Commission of the City of Port Lavaca, Texas, convened in special
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:
Raymond Butler Commissioner / Secretary
Mike McGuire Commissioner
Sue Traylor Commissioner
Larry Nichols Commissioner
Robert Knox Commissioner
And with the following Commissioner absent:
Alex Davila Commissioner / Chairman
Jamie O’Neil Commissioner
CONSENT AGENDA
1. APPROVAL OF MINUTES
a) MINUTES OF JUNE 20, 2023 - 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 Special Meeting held on July 25th, 2023, are hereby
approved.
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING July 25, 2023
Seconded by Commissioner Traylor.
Motion passed by the following vote:
Voting Aye: Raymond Butler, Mike McGuire, Sue Traylor, Robert Knox, and Larry Nichols.
Voting Nay: None
2. RECEIVE HARBOR MASTER'S INSPECTION / MAINTENANCE REPORT
Motion made by Commissioner Nichols.
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 Special Meeting held on
th
July 25 , 2023, are hereby approved.
Seconded by Commissioner Traylor.
Motion passed by the following vote:
Voting Aye: Raymond Butler, Mike McGuire, Sue Traylor, Robert Knox, and Larry Nichols.
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 July 25, 2023.
Agenda item discussed.
No action was taken.
4. RECEIVE STATUS REPORTS
a) Renovations to Nautical Landings Marina Breakwater - Presenter Jody Weaver
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING July 25, 2023
Comments from Matt Glaze, we are waiting on tribal council approval.
No other updates at this time.
b) CDBG-MIT Coastal Resilience Project / Restore Project - Presenter Jody Weaver
A copy of the May and June 2023, Mott MacDonald Progress Report can be
found in the Port Commission Packet dated July 25, 2023
Restore Project: No updates.
c) Review the 2023-2024 Proposed Budget and 5-year Capital Plan Improvement Plan
for the Port Commission Revenue Fund - Presenter Susan Lang
A copy of the proposed Annual Budget for FY 2023-2024 was provided to the
Commissioners.
A copy of these reports can be found in the Port Commission Packet dated July
25, 2023.
5. RECEIVE STATUS REPORTS ON SPECIAL PROJECTS
a) Status report regarding Voluntary Restoration Project II at the Harbor of
Refuge - Presenter Jody Weaver
As reported last month, we have TCEQ approval of the Voluntary Restoration project to
restore the area of disturbed cover along the shoreline of the northeast corner of the old
HOR Landfill. Again, we are proposing to utilize a portion of the $9.1M of CDBG-MIT
Round 2 funding that the City of Port Lavaca has been allocated.
Although we have been allocated these funds, we must still make application for them to
verify the project is eligible for use of this funding. Applications are due on October 20,
2023.
As you recall Mott McDonald was selected as the engineer for the CDBG-MIT Coastal
Resiliency and Round 1 funding and is eligible to be the engineer for the round 2 funding
as well. To optimize our options, we are advertising a Request for Qualifications from other
engineers so we can select additional consulting engineers if we so choose.
b) CRG Limited Phase II Environmental Site Assessment of the Harbor of Refuge
Tracts 16, 17 and 17Ar - Presenter Jody Weaver
Our consultant John Hogue from CRG Environmental reached out to TCEQ recently to
learn that the TCEQ project manager that had been assigned to this project is no longer
employed with TCEQ. John was given the name of the new project manager and he sent
the following message:
We submitted to APAR in February. Groundwater is minimally impacted (slight
PCL exceedance) and was confined to one (1) monitoring well. There is no active
groundwater use onside or within ½ mile of the Site. The City of Port Lavaca will
not permit groundwater use onsite and is willing to place a deed restriction on the
property to eliminate the exposure pathway. The city is hoping to develop the
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING July 25, 2023
Harbor area further and understand they may have to work with MSW. Continued
monitoring appears unnecessary.
6. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT
ACTIVITY REPORT
A. City Harbor
1) Track 9 & 9A - Duphil Pipeline inquired about short term lease.
2) Track 7, 8 & 11 lease for The Federation of Southern Cooperatives – Ratified 7/10
3) AIMS Companies are scheduling a time to CCTV the outfall – 2 weeks out from 7/13
B. Nautical Landings Building
1) June 12, 2023, Barefoot Construction commenced work on the new electrical service,
they are scheduled with AEP to switch service at the end of next week July 21, 2023.
2) Port Lavaca Plumbing will need letter to exercise lease option by the end July.
3) Bay Limited will need a letter to exercise lease option by the end July.
4) Something More Media - received letter July 13, 2023.
C) Nautical Landings Marina
1) Matt Estes boat sank Tuesday, May 9, 2023, have contracted to have it refloated.
2) Abandon boat – no updates
3) Horizon Environmental has been onsite 13 times since last PC meeting.
D) Smith Harbor
1) Dredge spoils, Barefoot Construction to commence work at the end of the week of
July 17, 2023.
E) Harbor of Refuge
1) LCI has been hauling fill material & stockpiling.
2) Encore Dredging cleaning moving equipment to track 11.
3) Urban Engineering is working on task order #32 for RR drain culvert replacement.
4) Aerial spraying – no updates.
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING July 25, 2023
ACTION ITEMS
7. DISCUSS PROPERTY VALUES AND AMENDMENTS TO CHAPTER 54
WATERWAYS APPENDIX A - FEES, RATES AND CHARGES FOR FY 2023-
2024. PRESENTER - JIM RUDELLAT
Motion made by Commissioner Traylor
NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF
PORT LAVACA, TEXAS:
THAT, Commissioner Butler, makes recommendation to revise the daily rate for barges on the public dock
space, barges ranging up to 250 feet will have a rate fee cost of $200 dollars, per twenty-four (24) hour period and any
barges ranging over 250 feet will have a rate fee cost of $250 dollars, per twenty-four (24) hour period.
Seconded by Commissioner Nichols.
Motion passed by the following vote:
Voting Aye:
Raymond Butler, Mike McGuire, Sue Traylor, Robert Knox, and Larry Nichols.
Voting Nay: None
After discussion Commissioners agreed to schedule a Special Port Commission Meeting on August 1, 2023,
at 10:00 am.
Motion made by Commissioner Nichols
NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF
PORT LAVACA, TEXAS:
THAT, Commissioner Butler makes recommendation to establish the monthly commercial fishing vessel
rental rate for a single boat slip to be $175.00 for the 1st 25-ft and $5.00 for each foot thereafter, which provides
a monthly rent of $300 for a 50-ft slip.
Seconded by Commissioner Traylor.
Motion passed by the following vote:
Voting Aye:
Raymond Butler, Mike McGuire, Sue Traylor, Robert Knox, and Larry Nichols.
Voting Nay: None
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING July 25, 2023
8. DISCUSS NEW LEASE AGREEMENT FOR POOR BOYS BAIT STAND AT
SMITH HARBOR - PRESENTER JODY WEAVER
Motion made by Commissioner Nichols
NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY OF
PORT LAVACA, TEXAS:
THAT, Commissioner Butler, makes recommendation to accept a two (2) year lease agreement for
Poor Boy’s Bait Shop with the following terms:
$1,375.00/month beginning September 1, 2023.
He places a''/2-page color ad in the Fall/Winter 2024 Visitors Guide
He places a full-page color ad in the Spring/Summer 2024 Visitor's Guide
He places a1/2-page color ad in the Fall/Winter 2025 and Spring/Summer 2025
Visitor's Guides
If he fails to place any of these ads or not make payment on time, then the monthly
rent will be increased by $95.00/month effective immediately upon notification
that an ad deadline or payment deadline was missed and will remain in place
through the expiration of the lease.
Seconded by Commissioner Traylor.
During discussion, before the vote, Commissioner Nichols stated he would withdraw his motion.
Tabled this agenda item until the Special Port Commission Meeting August 1, 2023.
COMMENTS
9. COMMENTS FROM COMMISSIONERS.
Agenda item discussed.
No action necessary.
ADJOURNMENT
Commissioner Nichols made a motion to adjourn the meeting.
Commissioner Traylor seconded this motion.
Motion passed by the following vote:
Voting Aye:
Raymond Butler, Mike McGuire, Sue Traylor, Robert Knox, and Larry Nichols.
Voting Nay: None
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING July 25, 2023
The meeting was adjourned at 11:43 a.m.
These minutes were approved on August 15, 2023.
ATTEST:
Alex Davila, Chairman
Rachel Garza, Admin. Assistant
Agenda
SPECIAL PORT COMMISSION MEETING
Tuesday, July 25, 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.
MEETING PROCEDURE
Public notice is hereby given that the Port Commission of the City of Port Lavaca, Texas, will hold a
meeting TUESDAY, JULY 25, 2023 beginning at 05:00 p.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”.
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Port Lavaca, TX SPECIAL PORT COMMISSION MEETING July 25, 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 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 JUNE 20, 2023 - 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. 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) Review the 2023-2024 Proposed Budget and 5-year Capital Plan Improvement Plan
for the Port Commission Revenue Fund - Presenter Susan Lang
5. RECEIVE STATUS REPORTS ON SPECIAL PROJECTS
a) Status report regarding Voluntary Restoration Project II at the Harbor of Refuge -
Presenter Jody Weaver
b) CRG Limited Phase II Environmental Site Assessment of the Harbor of Refuge
Tracts 16, 17 and 17Ar - Presenter Jody Weaver
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING July 25, 2023
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
ACTION ITEMS
7. DISCUSS PROPERTY VALUES AND AMENDMENTS TO CHAPTER 54
WATERWAYS APPENDIX A - FEES, RATES AND CHARGES FOR FY 2023-
2024. PRESENTER - JIM RUDELLAT
8. DISCUSS NEW LEASE AGREEMENT FOR POOR BOYS BAIT STAND AT SMITH
HARBOR - PRESENTER JODY WEAVER
COMMENTS
9. COMMENTS FROM 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, JULY 25, 2023, beginning at 10:00 a.m., was posted at city hall, easily
accessible to the public, as of 05:00 p.m. Friday, July 21, 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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