Special Port Commission Meeting - Jan. 25, 2022
Special MeetingPort Lavaca, TX · January 25, 2022
Minutes
SPECIAL PORT COMMISSION MEETING - JAN. 25, 2022
Tuesday, January 25, 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 §
MINUTES OF 01/25/2022 REGULAR PORT COMMISSION MEETING
The agenda having been properly posted, Chairman Alex Davila called the meeting to order at 10:06 A.M. on
Tuesday, January 25, 2022. Members attending were Commissioner David Roberts, Commissioner Mike McGuire,
Commissioner Sue Traylor, Commissioner Michael Kovarek, Commissioner Larry Nichols, and Commissioner
Jamie O’Neil. City Staff attending were, Interim City Manager Jody Weaver, Finance Director Susan Lang, Harbor
Master Jim Rudellat and Rachel Garza. Visitors in attendance Matt Glaze, Urban Engineering and Steve Marwitz.
CONSENT AGENDA
REPORTS
1. RECEIVE FINANCIAL REORTS OF PORT REVENUE FUND
a) Tariff Report
b) Account Aging Report
c) Payment Report
d) Revenue and Expenditure Report
e) Balance Sheet
f ) Port Revenue Fund Cash Profit and Loss Report
Agenda item discussed.
No action necessary and none taken.
2. RECEIVE STATUS REPORTS OF ON-GOING PROJECTS
City Harbor
a) Upper Dock Repairs - Presenter Matt Glaze
The Contractor is complete with all concrete work. The railing has been ordered.
b) Repairs to Tracts 9 and 10 - Presenter Jim Rudellat
Jim Rudellat obtained three (3) bids for repairs to Tracts 9 & 10.
Bids were from Gonzales Contracting; Lester Contracting; and Sylva Construction.
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING - JAN. 25, 2022 January 25, 2022
c) Repairs of hill at Scully's - Presenter Jim Rudellat
Phillip Gonzales to repair the washes and add the edging.
Nautical Landings
d) TPWL grant for renovations to Breakwater - Presenter Matt Glaze
The plans are complete, awaiting Texas Parks and Wildlife approval to bid the project.
We are working to try to get a conference call with TPWD to get this project moving.
e) Improvements to the Nautical Landings Marina Building - Presenter Jim Rudellat
January 13, 2022, Barefoot Construction started door replacement.
Smith Harbor
f) Moorings for Poor Boys' Bait - Presenter Jim Rudellat
Poor Boys Bait needs five (5) pilings; Lencho Reyna told me he could put them in.
g) Disposal of Dredge Materials at Smith Harbor - Presenter Jim Rudellat
Various proposals for removal of materials were discussed.
No action taken.
h) CDBG-MIT Coastal Resilience Project / Restore Grant - Presenter Jody Weaver
There is no activity to report on this item.
No action taken.
Harbor of Refuge
i) Voluntary Restoration of Harbor of Refuge Tract 16 - Presenter Jody Weaver
RLB did not complete the 18" of clay backfill nor 6" of topsoil required for the voluntary restoration
work. I will solicit local bids to complete this work and will provide this cost information to Mr.
Cullen to handle reimbursement from RLB Contracting. Additionally, I received an email from the
COE stating that they are going to want "some" spartina grass planted along the shoreline. I have
asked for a clarification on the definition of "some", but I have not heard back.
j) Limited Phase II Environmental Site Assessment of Harbor of Refuge Tracts 16, 17,
and 17A - Presenter Jody Weaver
As you recall, in December, City Council contracted with CRG Environmental to perform additional
Phase II ESA work in order to respond to questions posed by the TCEQ, as well as conduct a Phase
I ESA on the entire upland area south the Harbor of Refuge channel.
CRG is scheduled to install the wells needed for the additional Phase II work on January 20 th. Once
the wells are properly developed, they will sample shortly after that. CRG will submit a brief
summary response letter now to let TCEQ know that we're moving forward with getting the
information needed to respond to their questions
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING - JAN. 25, 2022 January 25, 2022
k) Proposed Brush Operations and Clean-up at Harbor of Refuge -
- Presenter Jody Weaver
I have contracted GIS Engineering to perform a survey to determine the volume of wood chips that
are on site at the Harbor of Refuge brush staging site. Once we have this information, we will
consider the value of spending dollars to move some of the chips to the Victoria Landfill site. We
are moving toward presenting a conceptual plan to Commissioners Court and the City Council
to locate an air burner at the County's recycle center in February. I am working to have an
aerial topographic survey done of the proposed site as we understand it holds water in a heavy
rain, so additional site work will be required to utilize the site as we hope. If all are in agreement,
we will move forward with a TCEQ permit application and purchase of the air burner.
3. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT
ACTIVITY REPORT
a) City Harbor
Gonzales contracting gave me a price to make the repairs to the washed areas behind Scully’s.
Should be starting work the week of January 24th .
Received bids from Gonzales Contracting and Lester Contracting.
Still awaiting bid from Silva Construction.
Staff Concrete completed all the work at the high dock with the exceptions of the handrail on the
ADA ramp.
b) Nautical Landings Building
January 13, 2022, Barefoot Construction started door replacement.
c) Nautical Landings Marina
Dominic Diodato - Awaiting signature and surrender of title.
Matt Estes - City Attorney is getting signatures from family.
Horizon Environmental has been onsite zero (0) times since last PC meeting.
d) Smith Harbor
Poor Boys Bait needs five (5) pilings. Lencho Reyna told me he could put them in.
e) Harbor of Refuge
GIS has been contracted to calculate the volume of the chip piles.
Chief Rangnow has a presentation set up for the cameras January 31, 2022.
December 31, 2021, CRG Texas Environmental did visual site inspection on Tracks 3,11,16,
17 & 17A.
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING - JAN. 25, 2022 January 25, 2022
4. RECEIVE DECEMBER 30, 2021, SITE CONDITIONS REPORT FORM CRG
ENVIRONMENTAL FOR TRACTS 16, 17, AND 17A AT THE HARBOR OF REFUGE.
Much of the usable site area has been recently graded. New base aggregate has been placed in select
areas to facilitate improved heavy equipment and truck access.
Waste oils / fluids in a number of the drums/containers have been recently removed.
Encore is working to consolidate the remaining containers. If containing liquids, placing containers
into secondary containment or on pallets.
Empty containers are being crushed for off-site removal (CMC Recycling).
There are several large piles of used tires, construction mat wood and metal debris awaiting disposal.
In areas of former landfill operations, there are indications of obvious landfill debris (i.e., orange
foam insulation) on the surface, beneath the grass cover (on the northern portion) and areas of what
appear contain brush – vegetative debris.
While there does not appear to be obvious indications (i.e., no odors, staining, stressed vegetation, etc.)
related to historical chemical disposal, it is likely TCEQ will want confirmation. The field observations
are consistent with historical accounts that suggest the landfill only accepted household trash and
vegetative debris.
The area identified on the National Wetlands Inventory Mapper did not appear to be “wetlands” but
looked like a change in the vegetative cover related to the landfill area/cell contents.
5. RECEIVE DECEMBER 30, 2021 SITE CONDITIONS REPORT FROM CRG
ENVIRONMENTAL AND DISCUSS STATUS OF LEASE OF TRACTS 3, 11 AND 12 AT
THE HARBOR OF REFUGE
Parcel 3
The southern gates to Parcel 3 were open permitting access for the inspection.
The site area had been recently mowed.
There were no indications of stained or distressed vegetation. There was minor staining on the
concrete surface near the building.
There were four, 275-gallon totes marked as "unregulated weed killing compound" present on the site.
One near the pipe racks to the north, two near the building to the south and one outside the fenced
parcel to the south adjacent to the rear access road. One tote near the building was connected to a
riser for an underground/underbrush piping system. Other than the totes, no other containers were
observed.
Two other pipe stick-ups were observed onsite. One near the back gate and one near a debris pile on
the site. It appeared the piping was placed to disperse the weed killing compound at various locations
around the site area, beneath the road and along the rear fencing.
Heavy equipment (cranes and manlift), two small 'office' trailers, a former floating dock structure,
piping, and other metal 'debris' were present on-site.
The inspector could not access the building but managed to inspect at least a portion of the visible
area. The inside of the building looked reasonably clean, but visibility was restricted such that a full
inspection of the building was impossible.
Parcel 11 & 12
The gate to Parcel 11 & 12 was locked but only restricted vehicle access.
The site area was largely overgrown knee to waste high grass.
There were no indications of stained vegetation.
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING - JAN. 25, 2022 January 25, 2022
There was an area of poorly developed possibly distressed grass cover on Parcel 11. The inspector
could not determine if the poor vegetation was related to a stressing agent, was slow to recover from
surface traffic / equipment storage, or natural conditions (i.e., winter, minimal growth, etc.). No use of
the area was noted from a review of historic aerial photographs.
There was a two, 275-gallon totes assumed to be weed killing compound present on the site near the
northern boundary of Parcel 12. These totes may actually be off Parcel 12 to the north.
Piping and other metal 'debris' were present on-site adjacent to the previously mentioned totes.
LaQuay is staging dredge piping in the channel to the west of Parcel 12.
6. ANNOUNCEMENT BY THE CHAIRMAN THAT THE PORT COMMISSION WILL
RETIRE TO CLOSED SESSION
Chairman Alex Davila, announced that Port Commission would retire into closed session at 10:23 a.m.
7. 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 10:55 a.m. and there
would be no action taken with regard to matters discussed in closed session.
COMMENTS
8. COMMENTS FROM COMMISSIONERS.
No Comments.
ADJOURNMENT
A motion was made by Commissioner Larry Nichols to adjourn the meeting. It was seconded by Commissioner Mike
McGuire. The meeting was adjourned at 11:38 A.M.
Agenda
SPECIAL PORT COMMISSION MEETING - JAN. 25, 2022
Tuesday, January 25, 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
special meeting Tuesday, January 25, 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”.
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CALL TO ORDER
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING - JAN. 25, 2022 January 25, 2022
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
REPORTS
1. RECEIVE FINANCIAL REORTS OF PORT REVENUE FUND
a) Tariff Report
b) Account Aging Report
c) Payment Report
d) Revenue and Expenditure Report
e) Balance Sheet
f ) Port Revenue Fund Cash Profit and Loss Report
2. RECEIVE STATUS REPORTS OF ON-GOING PROJECTS
City Harbor
a) Upper Dock Repairs - Presenter Matt Glaze
b) Repairs to Tracts 9 and 10 - Presenter Jim Rudellat
c) Repairs of hill at Scully's - Presenter Jim Rudellat
Nautical Landings
d) TPWL grant for renovations to Breakwater - Presenter Matt Glaze
e) Improvements to the Nautical Landings Marina Building - Presenter Jim Rudellat
Smith Harbor
f) Moorings for Poor Boys' Bait - Presenter Jim Rudellat
g) Disposal of Dredge Materials at Smith Harbor - Presenter Jim Rudellat
h) CDBG-MIT Coastal Resilience Project / Restore Grant - Presenter Jody Weaver
Harbor of Refuge
i) Voluntary Restoration of Harbor of Refuge Tract 16 - Presenter Jody Weaver
j) Limited Phase II Environmental Site Assessment of Harbor of Refuge Tracts 16, 17,
and 17A - Presenter Jody Weaver
k) Proposed Brush Operations and Clean-up at Harbor of Refuge -
- Presenter Jody Weaver
3. RECEIVE HARBOR MASTER'S OPERATIONS, PROMOTION/DEVELOPMENT
ACTIVITY REPORT
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING - JAN. 25, 2022 January 25, 2022
a) City Harbor
b) Nautical Landings Building
c) Nautical Landings Marina
d) Smith Harbor
e) Harbor of Refuge
4. RECEIVE DECEMBER 30, 2021 SITE CONDITIONS REPORT FORM CRG
ENVIRONMENTAL FOR TRACTS 16, 17, AND 17A AT THE HARBOR OF REFUGE.
5. RECEIVE DECEMBER 30, 2021 SITE CONDITIONS REPORT FROM CRG
ENVIRONMENTAL AND DISCUSS STATUS OF LEASE OF TRACTS 3, 11 AND 12 AT
THE HARBOR OF REFUGE
6. 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 GOVERNING BODY, 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(B) OF THE
TEXAS GOVERNMENT CODE
7. RETURN TO OPEN SESSION AND TAKE ANY ACTION NECESSARY ON ITEM
DICUSSED IN CLOSED SESSION
COMMENTS
8. 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, January 25, 2022, beginning at 10:00 a.m., was posted at city hall, easily
accessible to the public, as of 05:00 p.m. Monday, January 17, 2022.
________________________________
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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