HomeMy WebLinkAboutMinutes Port Of Corpus Christi Authority Of Nueces County, Tx - 03/19/2019 OFFICIAL MINUTES OF PORT COMMISSION MEETING
March 19, 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, March 19, 2019 at 9:00 a.m., for the regular monthly meeting of the Port
Commission.
Present: Mr. Charles Zahn
Mr. Wayne Squires
Mr. Richard Valls
Mr. Richard L. Bowers
Mr. David P. Engel
Mr. Wes Hoskins
Ms. Catherine Hilliard
Present: Mr. Sean Strawbridge
Mr. Dennis DeVries
Mr. Omar Garcia
Mr. Jarl Pedersen
Mr. Clark Robertson
Mr. Kent Britton
Ms. Rosie Collin
Chief Eric Giannamore
Ms. Lynn Angerstein
Mr. Bland Chamberlain
Mr. Russell Cordo
Ms. Sherry DuBois
Mr. Matt Garcia
Mr. Dan Koesema
Ms. Tara Perry
Ms. Jennifer Powell
Ms. Audre Debler
Ms. Sharon Richardson
Ms. Ebony Lotts
Ms. Leslie Ruta
Mr. Jeff Starks
Mr. Bennie Benavides
Ms. Tana Neighbors
Mr. Javier Davila
Ms. Donna James Spruce
Ms. Adrianna Escamilla
Ms. Martha Valderrama
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Others Present: Mr. Leo J. Welder, Jr.
Mr. Dane Bruun
Others Present: Ms. Tammy King
Mr. James King
King Land &Water
Mr. Cameron Pratt
Ms. Cathy Fulton
Mr. James Tucker
Mr. Sam Steves
Mr. Gary Caldwell
1 Priority Environmental Services
Mr. Scott Holt
Mr. William Dailey
Mr. Luke Dailey
Mr. Ian Vasey
CCREDC
Ms. Barbra Major
Mr. Arnold Berrera
Coonrod Electric
Ms. Tammy King
Mr. James King
Ms. Jalyn Stineman
Mr. Terry Arnold
Mr. Foster Edwards
San Patricio EDC
Mr. John King
J.M. Davidson, Inc.
Mr. David Horiman
Wood
Mr. Josh Macklin
Signet Maritime
Mr. Joelle Francois
AECOM
Mr. Mark Sisson
AECOM
Mr. Tom Barker
Terracon
Mr. Darren Chambers
FDLLC
Mr. Kyle Burcham
Lynx
Ms. Jane Gimler
ICOC
Mr. Xavier Valverde, Sr.
G&H Towing
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Mr. Larry Perryman
Bay-Houston Towing
Mr. Tom Rodino
Rodino, Inc.
Mr. David Cave
CITGO
Mr. Aaron Horine
Mott MacDonald
Mr. Derek Barcon
Mott MacDonald
Mr. Kevin Nert
Alamo Concrete
Mr. Nancy Zuniga
MDR
Mr. Tom Moore
Consultant
Mr. William Goldstein
ACEL
Ms. Joann Ehmann
IDB
Mr. Mike Kershaw
Port/Pilot Liaison
Mr. Kevin Miller
CITGO
Mr. Jason Smith
USCG
Mr. Jerry Butwid
USCG
Ms. Margaret Brown
USCG
Mr. Scott Holt
Ms. Darcy Schroeder
Valero
Mr. Keith Smith
Gulf Compress
Mr. Chris Cisneros
CITGO
Ms. Michelle Hinojosa
Cheniere
Mr. Oscar Turner
Snappy
Mr. Chris Caron
Malft Associates
Mr. Kevin Monoco
Aransas-Corpus Christi Pilot
Mr. Ronald Berglund
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RIDC/City of Robstown
Mr. Bob Paulison
PICC
Mr. Gilbert Sanchez
COCC
Mr. Jim Price
Price Cattle Co.
Mr. Roger Tenaple
FHR
1. Meeting called to order
2. Safety briefing presented
3. Pledge of Allegiance recited
4. Invocation given
5. Conflict of Interest Affidavits: Mr. Engel submitted a Conflict of Interest for Item
11e.
Point of Order: Chairman Zahn pointed out that some of the supporting materials
for items on this agenda were delivered to the Commissioners after the deadline
stated in the Commission's Operating Rules. On motion made by Mr. Valls and
seconded by Mr. Squires, the Commission agreed to consider all the agenda items.
6. Minutes
6a. Action: On motion made by Chairman Zahn and seconded by Ms. Hilliard,
the Commission approved the minutes of the February 19, 2019 Commission
meeting in the form presented to the meeting.
7. Public Comment
8. Committee Reports
8a. Audit Committee Report: Mr. Squires reported on the committee's
activities since the last regular Commission meeting.
8b. Long-Range Planning Committee: Mr. Valls reported on the committee's
activities since the last regular Commission meeting.
8c. Security Committee: Mr. Hoskins reported on the committee's activities
since the last regular Commission meeting.
8d. Office Building Committee: Mr. Bowers reported on the committee's
activities since the last regular Commission meeting.
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9. Presentations
9a. The Commission received an update on the Public Risk Management
Awareness Day from Ms. Donna James Spruce.
9b. On motion duly made and seconded, the Commission adopted the following
Resolution of Appreciation for Ralph Michael Mendez, Senior Designer, in honor
of over 30 years of service and contribution to the Port of Corpus Christi.
RESOLUTION OF APPRECIATION FOR RALPH MICHAEL MENDEZ
SENIOR DESIGNER, IN HONOR OF OVER 30 YEARS OF SERVICE AND
CONTRIBUTION TO THE PORT OF CORPUS CHRISTI
WHEREAS, Ralph Michael Mendez, was born and raised, in Corpus Christi,
Texas; and
WHEREAS, Ralph Mendez received his Associate Degree in Applied
Science majoring in Drafting Technology from Del Mar College, Corpus Christi, for
what became the foundation for a lifetime career where he became an expert in
attention to detail and design and drafting skills; and
WHEREAS, Ralph Mendez began his Drafting Technology career in Corpus
Christi, Texas in 1978 as a Structural Draftsman and Inspector and became
experienced in structural and marine concrete and timber design and foundation
inspection for Maverick Engineering Company; and
WHEREAS, Ralph Mendez continued his career as a Structural Draftsman
designing bridge overpass beams and girders for Texas Department of
Transportation projects and continued to focus on timber dock and bulkhead
drafting for Army Corps of Engineers Projects while working at Ogletree, Gunn,
Bryne, Welsh & Hubner in Corpus Christi, Texas; and
WHEREAS, Ralph Mendez gained experience as a Structural Designer
working on structural plans and details of Corpus Christi's new City Hall, and also
continued to become experienced in developing layouts for dock facilities,
dredging plans and bulkhead modifications at Goldston Engineering, Inc., in
Corpus Christi, Texas; and
WHEREAS, Ralph Mendez continued what was to be a long and successful
drafting and design career and gained significant experience focusing primarily on
the detailing and design of ports and waterfront facilities projects upon his return
to Maverick Engineering Company, as Maverick Engineering Company recognized
his talent, skills and expertise in this field; and
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WHEREAS, Ralph Mendez's experience would prove to be invaluable to
the Port of Corpus Christi Authority and was hired by the Port of Corpus Christi as
a Design Engineering Technician on February 26, 1988; and
WHEREAS, Ralph Mendez was instrumental upon his employment with the
Port in transitioning and modernizing the Port's drawing and record files from
manual drawing to computed aided drawing and electronic storage; and
WHEREAS, Ralph Mendez was promoted to Senior Designer in 1997; and
WHEREAS, Ralph Mendez became the creator, keeper and holder of Port
maps for the Inner and Outer Harbors, and was recognized and heavily relied upon
by the Port of Corpus Christi, the local community and the Coastal Bend for
recording and mapping the area's constructed infrastructure, and that his skills in
resolving mysteries of and identifying unknown existing utilities and infrastructure
is unsurpassed; and
WHEREAS, Ralph Mendez has been instrumental in the successful growth
of the Port of Corpus Christi and developed hundreds of lease and easement plats
and drawings for Port tenants and customers, and developed design concepts
and layouts for major capital and maintenance projects that transformed and
greatly improved the Port of Corpus Christi over the years including: numerous
railroad alignments, oil and cargo dock concepts, the Corpus Christi Ship Channel
- Channel Improvement Project, Joe Fulton International Trade Corridor, pipeline
corridors and crossings, and nearly every other major project that has been
planned and implemented at the Port of Corpus Christi during his tenure; and
WHEREAS, Ralph Mendez performed his work diligently with precision and
great attention to detail, and always in the Port's best interest, often supporting
many departments within the Port of Corpus Christi to ensure the Port facilities
were planned with the highest effectiveness and their constructed locations
documented; and
WHEREAS, Ralph Mendez had a keen ability to identify and record
locations of existing infrastructure, effectively write metes and bounds
descriptions, quickly develop conceptual dock layouts, and became a source of
Port historical information with a willingness to share with others, both inside the
Port and within the Coastal Bend, his institutional memory; and
WHEREAS, Ralph Mendez is well known for his prompt customer service
and for delivering any and all work products often well in advance of his projected
deadlines, and although, if asked, he will tell you he is no artist nor wants to select
a color, let it be known to all that maps, exhibits, and drawings created by Mr.
Mendez were indeed true masterpieces; and
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WHEREAS, Ralph Mendez and his quiet demeaner, true professionalism
and respect for others, and keen map skills will be missed, but will always be
remembered at the Port of Corpus Christi; and
NOW THEREFORE BE IT RESOLVED, upon his retirement, effective
March 29th, 2019, that the Port Commission of the Port of Corpus Christi Authority
of Nueces County, for itself and on behalf of Port staff and the Port community as
a whole, expresses its sincere gratitude and appreciation for the three decades of
service that Ralph Mendez has given to the Port of Corpus Christi and the citizens
of the Coastal Bend, and to the maritime industry; and
BE IT FURTHER RESOLVED that this Resolution be made a part of the
permanent minutes of this Port Commission, March 19, 2019, and that a signed
original of this Resolution be furnished to Ralph Mendez, his wife Rosie, and his
daughter Melody.
9c. The Commission received a presentation on AECOM Waterways Study
Phase 2 from Mr. Mark Sisson with AECOM.
9d. The presentation on youth support for Nueces Junior Livestock Show and
San Patricio/Aransas Counties Agriculture & Homemakers Show was postponed
due to Spring Break.
9e. The Commission received an update on the New Harbor Bridge
construction project by Ms. Lorette Williams with Flatiron-Dragados.
10. Open Agenda
10a. Lease Agreement with Lone Star Ports, LLC:Approve a Lease Agreement
for up to 50 years with Lone Star Ports, LLC (a joint venture involving The Carlyle
Group and Berry Lone Star Ports, LLC) for land on Harbor Island related to marine
terminal and associated facilities.
Postponement: Consideration of agenda item 10a in Open Session was
postponed until after the Executive Session.
Action: No action was taken on this agenda item in Open Session, but
after the Executive Session.
10b. Demolition Contract with KIST Specialties, LLC for Properties Acquired
under the Hillcrest and Washington-Coles Voluntary Neighborhood
Acquisition Program: Staff recommended the award of a demolition contract in the
amount of $130,932.57 to KSI Specialties, LLC, the lowest and best bidder for
demolition and site clearing of the Group 2 properties acquired by PCCA under the
Hillcrest and Washington-Coles Voluntary Neighborhood Acquisition Program. Staff
also recommended acceptance of additive/deductive Bid Item 1 at a unit price of
$11.50/cubic yard and approval of. an allowance of$575.00 (difference between Base
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Bid and Evaluated Bid) for use with unit cost adjustments with accepted
additive/deductive Bid Item 1. Staff further recommended that the Director of
Engineering Services be granted a 6% contingency ($7,855.95) in accordance with
the PCCA's standard contingency guidelines for general construction projects. The
total possible demolition contract cost for this project based on Staff's
recommendation would be $139,363.52
Action: On motion made by Mr. Squires and seconded by Mr. Valls, the
Commission approved Staff's recommendation.
10c. Asbestos Abatement Contracts with Tasman Geosciences, Inc. and
Lynx Contractors, Inc. for Properties Acquired under the Hillcrest and
Washington-Coles Voluntary Neighborhood Acquisition Program: PCCA is
required to demolish the properties it acquires under the Hillcrest and Washington-
Coles Voluntary Neighborhood Acquisition Program ("Program"). Before demolition
can occur, however, asbestos in the acquired properties must be abated. Before
requesting bids for asbestos abatement services, staff divided the neighborhood
into Section A and Section B. Tasman Geosciences, Inc., submitted the lowest
and best evaluated unit costs bid for Section A, and Lynx Contractors, Inc.,
submitted the lowest and best evaluated unit cost bid for Section B. Staff
recommended that an Asbestos Abatement Contract be awarded to Tasman
Geosciences, Inc. for an amount not to exceed $500,000.00 for asbestos
abatement services related to properties acquired by the Port of Corpus Christi
Authority in Section A under the Program. Staff also recommended that an
Asbestos Abatement Contract be awarded to Lynx Contractors, Inc. for an amount
not to exceed $500,000.00 for asbestos abatement services related to properties
acquired by the Port of Corpus Christi Authority in Section B under the Program.
Action: On motion made by Mr. Squires and seconded by Mr. Bowers, the
Commission approved Staff's recommendation.
10d. Rejection of Bids for the Rincon West Yard Railroad Improvements
Project: At the request of the Long-Range Planning Commission, Staff
recommended the Commission reject all bids received on February 12, 2019 for the
construction of the Rincon West Railroad Improvement Project.
Action: On motion made by Mr. Squires and seconded by Mr. Bowers, the
Commission approved Staff's recommendation.
10e. Construction Contract to J.M. Davidson, Ltd. for the Viola Basin
Bulkhead Maintenance Proiect: Staff recommended award of a construction
contract to J.M. Davidson, Ltd., the lowest and best bidder, in the amount of
$628,889 for the Base Bid associated with the Viola Basin Bulkhead Maintenance
project. Staff also recommended acceptance of additive Bid Item #1 in the amount
of $5,000 per calendar day for standby time should it be needed for the project.
Staff also recommended approval of an allowance of$50,000 for payment of up to
ten days of standby and further recommended that the Director of Engineering
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Services be granted a 7% contingency ($47,522.23) in accordance with the
PCCA's standard contingency guidelines for marine and rehabilitation projects,
should they be needed for the project. Therefore, the total possible construction
contract cost for this project based on Staff's recommendation is $726,411.23.
Action: On motion made by Mr. Valls and seconded by Mr. Hoskins the
Commission approved Staff's recommendation.
10f. Resolution approving an Interlocal Agreement between the Port of
Corpus Christi Authority and the City of Corpus. On motion duly made and
seconded, the Commission adopted the following Resolution approving an
Interlocal Agreement between the Port of Corpus Christi Authority and the City of
Corpus Christi regarding development and building permitting:
RESOLUTION APPROVING INTERLOCAL AGREEMENT BETWEEN
THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,
TEXAS, AND THE CITY OF CORPUS CHRISTI REGARDING DEVELOPMENT
AND BUILDING PERMITTING
WHEREAS, an Interlocal Agreement between the Port of Corpus Christi of
Nueces County, Texas ("Authority"), and the City of Corpus Christi ("City") has been
presented to Authority's Port Commission for approval; and
WHEREAS, the Authority is constructing a new Office Building on the south
side of the ship channel in the Inner Harbor, immediately west of the existing
Harbor Bridge, and within the city limits of the City of Corpus Christi, Texas;
WHEREAS, the City seeks to further develop the SEA District, including the
establishment of a continuous, walkable connection along the ship channel
generally from the American Bank Center to the location of the Authority's new
Office Building;
WHEREAS, a portion of the right-of-way of the existing Harbor Bridge will
revert to the Authority upon the decommissioning of the existing Harbor Bridge;
WHEREAS, the City's plans will likely require the City's use of a portion of
Authority's Harbor Bridge right-of-way and other areas along the ship channel;
WHEREAS, the Authority also plans to use portions of the right-of-way for
parking and landscaping to support the new Office Building;
WHEREAS, parking and landscaping is not included in the scope of work
for the Authority's design-build contract for the new Office Building because plans
for the development of this area of the right-of-way have yet to be finalized;
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WHEREAS, the City will soon engage a firm to assist with development of
the City's plans adjacent to the ship channel and the vicinity of the right-of-way and
the Authority will soon engage a firm to design parking and landscaping
improvements within the right-of-way;
WHEREAS, the City and Authority agree to coordinate planning and design
efforts to have mutually successful developments;
WHEREAS, the Interlocal Agreement establishes the applicable code
standards and permitting requirements for Authority property located outside the
boundaries of a City Industrial Development Area but within the Corpus Christi city
limits for new construction or renovation of buildings, structures, facilities, and
infrastructure; and
WHEREAS, Authority is authorized to execute this Agreement pursuant to
the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Teas
Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE PORT COMMISSION OF
THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS,
THAT.
Section 1. The Port Commission hereby finds and determines that it is
necessary and advisable that PCCA enter into the Interlocal Agreement in
substantially the form presented to this meeting.
Section 2. The Interlocal Agreement, in substantially the form presented to
this meeting, is hereby approved, and the Chief Executive Officer is hereby
authorized and directed, for and on behalf of the Authority, to execute the Interlocal
Agreement.
Section 3. The Chairman, the Vice Chairman, the Secretary, and the Chief
Executive Officer are each hereby severally authorized and directed to execute,
attest, seal and deliver any and all additional certificates, documents or other
papers and to do any and all things deemed necessary to carry out the intent and
purposes of this Resolution.
Section 4. This Resolution is hereby adopted by the Port Commission on
March 19, 2019.
10g. Authorize the renewal of PCCA's property insurance coverage with
Carlisle Insurance Agency: Staff recommended the Port Commission authorize
the renewal of PCCA's Property, Terrorism and Equipment Breakdown insurance
coverage with Carlisle Insurance Agency for a combined total premium cost of
$1,430,149.20. The renewal includes the following general coverage features:
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(a) 5% NS/Flood deductible, $4M cap, $100,000 AOP;
(b) Total Insured Value (TIV): $32972037316;
(c) $100M limit
(d) Rate: $0.4259
(e) Primary Cost: $1,025,152.10;
(f) Excess Cost: $376,918.10;
(g) Total Property Cost: $1,402;070.20
(h) Terrorism Cost: $17,976.00; $10k deductible
(i) Equipment Breakdown Cost: $10,103.00; $5k deductible, and;
(j) Total Cost: $1,430,149.20
Action: On motion made by Mr. Valls and seconded by Mr. Squires the
Commission approved Staff's recommendation.
10h. Second reading of a Franchise Agreement with South Texas Gateway
Terminal LLC.: Staff recommended approval of the second reading of a
Franchise Agreement granting South Texas Gateway Terminal, LLC ("STGT"), the
right to access the Corpus Christi Ship Channel and the Gulf Intracoastal
Waterway from STGT`s property in San Patricio County adjacent to these channels
and related rights.
Action: On motion made by Mr. Valls and seconded by Mr. Engel the
Commission approved Staff's recommendation.
10i. Purchase Order with Flint Hills Resources Corpus Christi, LLC.: Staff
recommended approval of a Purchase Order for Flints Hills Resources Corpus
Christi, LLC in conjunction with the Reimbursement Agreement between PCCA,
Flint Hills Resources Corpus Christi, LLC, Valero Refining—Texas, LP, and CITGO
Refining and Chemicals Company, LP in the amount of $225,000 for URS
Corporation to provide air monitoring at the Bulk Terminal from 2018 through 2020.
Action: On motion made by Mr. Squires and seconded by Mr. Bowers the
Commission approved Staff's recommendation.
10j. Presentation for a cruise ship terminal on the north side of the Inner
Basin: The Commission received a presentation by Mr. Hoskins for the
development of a cruise ship terminal on the north side of the Inner Basin, also
known as Harbor Island.
Action: On motion made by Mr. Valls and seconded by Mr. Engel the
Commission directed Staff to present a proposal at the next Commission meeting
for to updating the prior feasibility study for the cruise ship industry in the Port of
Corpus Christi.
11. Consent Agenda: Staff requested removal of Item 11 h from the Consent
Agenda with no action being taken. Individual Commissioners requested that
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Consent Agenda Items 11 c and 11 i be considered separately. Then Mr. Squires
moved the approval of the remaining Consent Agenda Items by one vote (the
"Consent Agenda Motion"), in accordance with the respective staff
recommendations and agreements furnished to the Commission at the meeting.
Mr. Valls seconded the motion and the motion passed without objection. Mr. Engel
abstained from voting on Item 11e.
11 a. By approval of the Consent Agenda Motion, the Commission approved an
Interlocal Cooperation Contract with the University of Texas — Marine Science
Institute in the amount of $60,000 for Circulation Modeling in Corpus Christi Bay
associated with the Port's permits for desalination.
11 b. By approval of the Consent Agenda Motion, the Commission approved a
Wetlands Mitigation Agreement in the amount of$188,700 with Coastal Bend Bays
and Estuaries Program to mitigate impacts to aquatic resources associated with
the construction of the Gulf Coast Cement Manufacturing at Cargo Dock 16.
11c. Staff recommended continuation of a Grazing Lease Agreement with James
F. Price, Jr. and Susan P. Price on a 2,832.94-acre tract of land in San Patricio
County, Texas, known as the McCampbell Ranch. After discussion, on motion by
Mr. Hoskins and seconded by Mr. Valls the Commission approved Staff's
recommendation.
11d. By approval of the Consent Agenda Motion, the Commission approved a
Lease Agreement with Brewster Street, LTD., L.P. for a 1.1-acre tract of land for
parking for patrons of Brewster Street Ice House located on Brewster Street.
11e. By approval of the Consent Agenda Motion, the Commission approved a
Lease Agreement with Heldenfels Enterprises, Inc. for a 1.45-acre tract of land for
employee parking and ingress and egress between Heldenfels property and
Navigation Blvd.
11f. By approval of the Consent Agenda Motion, the Commission approved an
Assignment Assumption and Consent Agreements by and between EOG
Resources, Inc., and JamSam Energy, L.L.C., and the Port of Corpus Christi
Authority for two Surface Agreement and Damage Release Agreements dated
June 12, 2007 and December 11, 2007, respectively, by and between the Port of
Corpus Christi Authority and EOG Resources, Inc.
11g. By approval of the Consent Agenda Motion, the Commission approved a
Professional Engineering/Architectural Services Contract with Richter Architects in
an amount not to exceed $95,000 for design services for landscape, parking and
general site development adjacent to the new Port Office Building Project site
including the relocation of the Columbus Statue.
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11h. At Staff's request the following agenda item was not considered at the
meeting: Approve Service OrderAmendment in the amount of$156,700 with HDR
Engineering, Inc., under Master Services Agreement No. 18-04, for preliminary
engineering services for a navigation study and ship and tug simulation modeling
for Harbor island Docks and Maneuvering Basin.
11 L Consideration of the following agenda item was postponed until after the
Executive Session: Approve Master Services Agreement No. 18-06 and Service
Order No. 6 in the amount of $78,224 with Wood Environment & Infrastructure
Solutions, Inc., for consulting services associated with permitting for desalination
at Harbor Island was pulled and no action was taken. No action was taken on this
agenda item in Open Session after the Executive Session.
11j. By approval of the Consent Agenda Motion, the Commission approved a
one-year Lease Agreement with WestStar Food Company, LLC for the use of the
East Transfer Facility located at 1134 East Port Avenue, Nueces County, Texas.
11 k. By approval of the Consent Agenda Motion, the Commission approved a
Consulting Services Contract with GHD in the amount of $58,659 for assessment
activities related to historical contamination at Harbor Island.
111. By approval of the Consent Agenda Motion, the Commission approved an
Engagement Letter with Deloitte and Touche LLP in an amount not to exceed
$225,000 for consulting services related to anticipated GASB 87 accounting and
financial reporting related to PCCA leases.
12. Chief Executive Officer Report, Executive Director Report, and
Commissioners' Comments:
12a. The Chief Executive Officer submitted his report on upcoming community
events, PCCA events and activities of the following PCCA departments during the
preceding month: Business Development, External Affairs, Operations and
Finance.
12b. Mr. Zahn then asked for comments from the Commissioners.
13. Recess Open Session and Convene Executive Session: At 11:42 a.m. Mr.
Zahn announced the Commission would go into executive session pursuant to,
§551.071, §551.072, §551.074, and §551.087 of the Texas Government Code to
deliberate agenda items 10a, 13a, 13b, 13c and 13d, which were described in the
agenda as follows:
10a. Approve a Lease Agreement for up to 50 years with Lone Star Ports, LLC
(a joint venture involving The Carlyle Group and Berry Lone Star Ports, LLC) for
land on Harbor Island related to marine terminal and associated facilities.
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13a. Evaluation and duties of the Chief Executive Officer. (§551.074)
13b. Leasing PCCA real property in the Inner Harbor, and (ii) offering an
economic incentive to the lessee to expand its business in the Inner Harbor.
(§551.072, §551.087)
13c. Receive legal advice from PCCA's counsel in connection with (1) The Port
of Corpus Christi, LP. and 361 Holdings LLC v. PCCA in the 156th State District
Court, San Patricio County, regarding the Good Hope Disposal Materials
Placement Area and (2) Port of Corpus Christi Authority v The Port of Corpus
Christi LP, in Nueces County Court at Law#4. (§551.071)
13d. Receive legal advice from PCCA's counsel regarding upcoming hearing on
PCCA's permit application for a desalination facility on Harbor Island. . (§551.071)
14. Reconvene in Open Session: The Chairman reconvened the meeting in open
session at 3:20 p.m.
14a. PCCA's permit application for a desalination facility on Harbor Island:
Action: No action was taken on this agenda item in Open Session after
the Executive Session.
14b. Railcar Storage Agreement with Maverick Terminals Corpus LLC: Staff
recommended approval of the Railcar Sto rage Ag reeme nt with Maverick Terminals
Corpus LLC, in the form presented to the meeting, to support expansion of
Maverick's fuel distribution business and associated incremental revenues to
PCCA. This lease includes two tracks in the Nueces River Rail Yard.
Action: On motion made by Mr. Valls and seconded by Mr. Engel the
Commission approved Staff's recommendation.
14c. Formal Engagement of Law Firms involved in the Service Marks and
Good Hope DMPA Litigation: Staff recommended that the Commission engage
or ratify the engagement of the following law firms to represent PCCA, its
commissioners and officers in the matters of (1) The Port of Corpus Christi, LP.
and 361 Holdings, LLC v. PCCA in the 156th State District Court, San Patricio
County, regarding the Good Hope Disposal Materials Placement Area and (2) Port
of Corpus Christi Authority v The Port of Corpus Christi, LP, in Nueces County
Court at Law#4: Baker • Wotring, LLP (lead counsel), McKibben, Martinez, Jarvis
& Wood, LLP (defense counsel), The Rangel Law Firm, PC (local counsel) Gibbs
& Bruns, LLP (counsel for Sean Strawbridge), Law Offices of Douglas A. Allison
(local counsel for Sean Strawbridge).
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Action: On motion made by Mr. Engel and seconded by Mr. Squires the
Commission engaged or ratified the engagement of the following law firms to
represent PCCA, its commissioners and officers in the matters of (1) The Port of
Corpus Christi, LP. and 361 Holdings, LLC v. PCCA in the 156th State District
Court, San Patricio County, regarding the Good Hope Disposal Materials
Placement Area and (2) Port of Corpus Christi Authority v The Port of Corpus
Christi, LP, in Nueces County Court at Law #4: Baker • Wotring, LLP (lead
counsel), McKibben, Martinez, Jarvis &Wood, LLP (defense counsel), The Rangel
Law Firm, PC (local counsel) Gibbs & Bruns, LLP (counsel for Sean Strawbridge),
Law Offices of Douglas A. Allison (local counsel for Sean Strawbridge).. Mr.
Hoskins abstained from this Item.
15. Adjourn: On motion duly made and seconded, the meeting adjourned at 3:22
p.m.
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