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HomeMy WebLinkAboutMinutes Port Of Corpus Christi Authority Of Nueces County, Tx - 01/15/2019 OFFICIAL MINUTES OF PORT COMMISSION MEETING January 15, 2019 The Port Commissioners of the Port of Corpus Christi Authority convened at the Solomon P. Ortiz International Center, 402 Harbor Drive, Corpus Christi, Texas, on Tuesday, January 15, 2019 at 9:00 a.m., for the regular monthly meeting of the Port Commission. Present: Mr. Charles Zahn Mr. David P. Engel Mr. Richard Valls Mr. Richard L. Bowers Mr. Wes Hoskins Absent: Mr. Wayne Squires Present: Mr. Sean Strawbridge Mr. Dennis DeVries Mr. Omar Garcia Mr. Jarl Pedersen Mr. Clark Robertson Mr. Kent Britton Ms. Rosie Collin Mr. Sam Esquivel Mr. Tyler Fuhrken Ms. Sarah Garza Chief Eric Giannamore Mr. David Krams Mr. Tom Mylett Ms. Nelda Olivo Mr. Jeff Pollack Ms. Brenda Reed Ms. Lynn Angerstein Mr. Eric Battersby Mr. Bland Chamberlain Mr. Russell Cordo Ms. Audre Debler Ms. Sherry DuBois Ms. Natasha Fudge Ms. Charlotte Hintz Ms. Maggie Iglesias-Turner Ms. Donna James-Spruce Mr. Matt Garcia Mr. T.J. Gonzalez Mr. Erin Hall 1-15-19.min Pg. 1 of 8 Mr. Dan Koesema Ms. Sonya Lopez Ms. Tara Perry Ms. Jennifer Powell Ms. Sharon Richardson Ms. Beatrice Rivera Ms. Leslie Ruta Mr. Jeff Starks Mr. Bennie Benavides Ms. Liz Cantu Ms. Adrianna Escamilla Ms. Pamela Mota Ms. Tana Neighbors Ms. Cristina Gaxiola Mr. Javier Davila Mr. Daniel Martinez Mr. Lou Punato Others Present: Mr. Leo J. Welder, Jr. Mr. Dane Bruun Others Present: Capt. Mike Kershaw Consultant Mr. Joe Guzman South Texas Military Facilities Task Force Ms. JoAnn Ehmann IDB Mr. Tony Alcoser Rabalais Mr. David Cave CITGO Mr. John Green City of Portland Mr. Terry Arnold Hugo Berlanga BBC Ms. Darcy Schroeder Valero Mr. Tony Barker Terracon Ms. Jane Gimler ICOC Mr. Marshall Deluca Orion Mr. Jonathan Schmiltz Orion 1-15-19.min Pg.2 of 8 Mr. William Goldston ACEL Mr. Foster Edwards San Patricio EDC Mr. Xavier Valverde, Sr. G&H Towing Mr. Joelle Francois AECOM Ms. Nancy Zuniga MDR Mr. Shane Torno Freese & Nichols Mr. Robert Swize Gulf Compress Mr. Keith Smith Gulf Compress Ms. Monica Mendoza JM Davidson Mr. Roger TenNapel Flint Hills Resources Ms. Michell Hinojosa Cheniere Mr. Christina Cisneros CITGO Ms. Dana Keel CITGO Mr. Kevin Monaco ACCP Mr. Bob Paulison PICC Mr. Bryana Gonzales Mr. Luis Buentello U.S. Congress 1. Meeting called to order. 2. Safety briefing presented. 3. Pledge of Allegiance recited. 4. Invocation given. 5. Conflict of Interest Affidavits: 6. Minutes. 1-15-19.min Pg.3 of 8 6a. Action: On motion made by Mr. Valls and seconded by Mr. Bowers, the Commission approved the minutes of the December 11 and December 19, 2018 Commission meetings in the form presented to the meeting. 7. Elect Officers of the Port Commission for 2019: On motion made by Mr. Valls and seconded by Mr. Bowers this item was tabled. 8. Standing and Special Commission Committees Appointments. 8a. Appointment of members and chairs of the following: 1) Audit Committee 2) Capital Finance Committee 3) Long-Range Planning Committee 4) Office Building Committee 5) Security Committee Action: On motion made by Mr. Valls and seconded by Mr. Bowers this item was tabled. 9. Governing Boards and Committees of Outside Organizations 9a. Appointment of PCCA's representatives on the following: 1) Coastal Bend Bays and Estuaries Program 2) Corpus Christi Regional Economic Development Corporation 3) Corpus Christi United Chamber of Commerce 4) Robstown Area Development Corporation 5) Robstown Improvement Development Corporation 6) San Patricio county Economic Development Corporation 7) South Texas military Facilities Task Force Action: On motion duly made by Mr. Valls and seconded by Mr. Bowers this item was tabled. 10. Public Comments: None were received. 11. Committee Reports: 11a. Audit Committee Report: The Chairman of the committee reported on the committee's activities since the last regular Commission meeting. 11b. Long-Range Planning Committee: Mr. Bowers reported on the committee's activities since the last regular Commission meeting. 11c. Security Committee: The Chairman of the committee reported on the committee's activities since the last regular Commission meeting. 12. Presentations: 1-15-19.min Pg.4 of 8 12a. The Commission received a federal legislative update from Cassidy & Associates. 13. Open Session Agenda: 13a. Construction Contract with Berry Contracting LP dba Bay Ltd: Staff recommended award of a contract to Berry Contracting LP dba (Bay Ltd Bay Ltd.) for construction of the levee raise at Good Hope Dredge Material Placement Area (DMPA) Project. Bay Ltd. submitted the lowest and best bid for $3,762,458.25. Action: On motion made by Mr. Hoskins and seconded by Mr. Valls this item was tabled. 13b. Award Indefinite Delivery/Indefinite Quantity Contract to ADK Environmental Inc: Staff recommended award of an Indefinite Delivery/Indefinite Quantity Contract to ADK Environmental Inc., for Port-wide storm water system maintenance. The contract duration will be from the contract execution date through December 31, 2020, or when the $400,000 (maximum of $200,00 per year) has been expended, whichever occurs first. Action: On motion made by Mr. Bowers and seconded by Mr. Valls, the Commission approved Staff's recommendation. 13c. Approve Revised Procurement Policy for Port of Corpus Christi Authority: Staff recommended approval of revisions to PCCA Procurement Policy to include the addition of Chief Operating Officer to Section X #2 and clarification to Section XVI Contract Administration. Action: On motion made by Mr. Engel and seconded by Mr. Bowers, the Commission approved Staff's recommendation. 13d. Development Services Agreements: Staff furnished the Port Commissioners with a proposed Development Services Agreement with each of the following organizations for 2019 and recommended approval of these agreements in the form presented to the meeting: 1. United Corpus Christi Chamber of Commerce 2. South Texas Military Facilities Task Force Action: At the request of Mr. Valls, the United Corpus Christi Chamber of Commerce Agreement was considered after executive session. Then on motion made by Mr. Valls and seconded by Mr. Hoskins, the Commission approved the agreement with South Texas Military Facilities Task Force for 2019 in the amount of$75,000. 14. Consent Agenda: Individual Commissioners requested that Consent Agenda Items 14c, 14d, and 14e be considered separately. Then Mr. Valls moved the approval of the remaining Consent Agenda Items by one vote (the "Consent 1-15-19.min Pg.5 of 8 Agenda Motion"), in accordance with the respective staff recommendations and agreements furnished to the Commission at the meeting. Mr. Bowers seconded the motion and the motion passed without objection. 14a. By approval of the Consent Agenda Motion, the Commission approved a Professional Engineering Services Contract with Freese and Nichols, Inc. in the amount of $186,360 for Engineering Design Services for Rincon West Phone II Storage Area Development. Mr. Hoskins submitted a Conflict of Interest Affidavit for this item stating the reason for abstention was due to a family member having a substantive interest in Freese and Nichols. 14b. By approval of the Consent Agenda Motion, the Commission approved a supplement Purchase Order for $1,189.36 to Altitude Media for videography/photography services in excess of$50,000. 14c. Staff recommended approval for solicitation by Request for Proposals for the replacement or upgrade of JD Edwards Enterprise Resource Planning system. After discussion, on a separate motion made by Mr. Valls and seconded by Mr. Engle, the Commission approved Staff's recommendation. 14d. Staff recommended approval of a Lease Agreement with Lamar Texas Limited Partnership for the use of Authority's property for two advertising billboards along the east side of US Hwy. 181 in San Patricio County, Tx and one advertising billboard along the east side of State Hwy. 361 in Nueces County, Tx. The Commission asked staff to revisit this item at the end of the 5-year term and investigate owning the sign for PCCA advertising. After discussion, on a separate motion made by Mr. Valls and seconded by Mr. Engle the Commission approved Staff's recommendation. 14e. Staff recommended approval of a Change Order with W.T. Byler in the amount of $109,219.50 for work associated with providing a casing to protect existing water line and for deleting a storm drain system component from the contract for the Nueces River Rail Yard — Phase II project associated with extending Track A. After discussion, on a separate motion made by Mr. Valls and seconded by Mr. Engle, the Commission approved Staff's recommendation. 14f. By approval of the Consent Agenda Motion, the Commission approved a consulting services contract with EAI, Inc. for crude analysis and market studies in support of PCCA strategic decision making. EAI, Inc. will provide services on a time and materials basis and shall not exceed $99,980, excluding reasonable travel expenses, from January 1, 2019 through December 31, 2019. 15. Chief Executive Officer's Report and Commissioners' Comments: 1-15-19.min Pg. 6 of 8 15a. The Chief Executive Officer submitted his report on upcoming community events, PCCA events and activities of the following PCCA departments during the preceding month: Commercial, External Affairs, Operations and Finance. 15b. Mr. Zahn then asked for comments from the Commissioners. 16. Recess Open Session and Convene Executive Session: At 10:19 a.m. Mr. Zahn announced the Commission would go into executive session pursuant to §551.072, §551.074, and §551.087 of the Texas Government Code to deliberate agenda items 16a, 16b, 16c, 16d, and 16e, which were described in the agenda as follows: 16a. The Commission will go into executive session pursuant to §551.072 of the Texas Government Code to deliberate the acquisition of real property in San Patricio County in the vicinity of the La Quinta Channel. 16b. The Commission will go into executive session pursuant to §551.087 and §551.072 of the Texas Government Code (i) to deliberate the offer of a financial or other incentive to a business prospect PCCA seeks to have locate in San Patricio County and with whom PCCA is conducting economic development negotiations, and (ii) to deliberate leasing real property in the vicinity of the La Quinta Channel to this business prospect. 16c. The Commission will go into executive session pursuant to §551.072 of the Texas Government Code to deliberate leasing real property in the vicinity of the Inner Basin to one or more third parties. 16d. The Commission will go into executive session pursuant to §551.071 of the Texas Government Code to evaluate the performance of the Executive Director and the Chief Executive Officer in 2018. 16e. The Commission will go into executive session pursuant to §551.071 of the Texas Government Code to receive legal advice from its counsel in connection with PCCA v. The Port of Corpus Christi, LP. 17. Reconvene in Open Session: At 2:46 p.m. the Chairman reconvened the meeting in open session to act on the following agenda item. 13d. Development Services Agreement with the United Chamber of Commerce: Action: On motion made by Mr. Engel and seconded by Mr. Valls, the Commission approved the 2019 Development Services Agreement with the United Chamber of Commerce, in the amount of $45,000 subject to the removal of Item 10 in Exhibit A of the Agreement. 1-15-19.min Pg. 7 of 8 17a. Year-end bonuses to the Executive Director for 2018 and the Chief Executive Officer in 2018: Action: On motion made by Mr. Valls and seconded by Mr. Bowers, the Commission tabled this item. 18. Adjourn: On motion duly made and seconded, the meeting adjourned at 2:48 p.m. 1-15-19.min Pg.8 of 8