WMH Corpus I, LLC, the 40 Right of Access to the Jewell Fulton Canal from Its Property Adjacent to the Canal and Related Rights
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Port of Corpus Christi Regular Session Meeting Tuesday, January 14, 2014 8:45 AM NOTICE OF MEETING The Port Commission (“Commission”) of the Port of Corpus Christi Authority (“PCCA”) will hold a Regular Session Meeting on Tuesday, January 14, 2014, at 8:45 AM, at the Congressman Solomon P. Ortiz International Center, 402 Haror Drive, Corpus Christi, Texas.. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Sherry DuBois at 885-6174 at least 48 hours in advance so that appropriate arrangements can be made. Si usted se dirige a la junta y cree que su inglés es limitado, habrá un intéprete inglés español en la reunión de la junta para ayudarle. Members of the audience will be provided an opportunity to address the Port Commission. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. PUBLIC NOTICE is given that the Commission may go into executive session at any time during the meeting to discuss matters listed on the agenda when authorized to do so by the provisions of Section 418.183 or Chapter 551 of the Texas Government Code. In the event the Commission elects to go into executive session regarding any agenda item, the presiding officer will publicly announce the section or sections of the Texas Government Code authorizing the executive session. The agenda for the meeting is as follows: 1. Call meeting to order; Pledge of Allegiance; and Opening Prayer. 2. Approve the minutes of the December 10, 2013 Commission meeting. 4 3. Approve a Resolution of Appreciation for Commissioner Robert Kostelnik. 18 4. Approve a Resolution of Appreciation for Commissioner Mike Carrell. 19 5. Administer Oath of Office to newly appointed Port Commissioners David P. Engel (for 20 3-year term) and Richard R. Valls, Jr. (for 2-year term to fill the vacancy created by the resignation of Robert Kostelnik), and reappointed Port Commissioner Barbara A. Canales, and receive conflict of interest affidavits. 6. Elect officers of the Port Commission for 2014. 21 7. Receive comments from the public. (Each speaker will be limited to three minutes.) 22 8. Receive Windstorm Insurance Reform presentation from Commissioner Charles Zahn. 23 9. Approve professional services purchase order with CH2M Hill for implementation of 24 Port Security Program improvements. 10. Receive presentation on and approve a Memorandum of Understanding with the City of 30 Pharr, Texas, for the purpose of promoting business opportunities between the Pharr International Bridge and the Port of Corpus Christi. 11. Approve Cost-Sharing Agreement with Voestalpine Texas Holding, LLC, for 34 construction of a new water line to PCCA’s La Quinta property. 12. Approve the Third and final Reading of a Franchise Granting WMH Corpus I, LLC, the 40 right of access to the Jewell Fulton Canal from its property adjacent to the canal and related rights. 13. Approve Professional Services Agreements with Ana Milena Escobar Araujo, 56 ASOCIAME S.A.S. 14. Consent Agenda. The Port Commissioners have been furnished with supporting documentation and staff's recommendation for each of the following items. All Consent Agenda items will be approved, in accordance with the respective staff recommendations, by one vote without being discussed separately unless a Port Commissioner requests otherwise: 14. A. Approve revised Administrative Services Agreement with Entrust for 57 administration of the Port of Corpus Christi Authority Health and Dental Benefits Plan, effective January 1, 2014. 14. B. Approve Farm and Ranch Lease with Rachal Farms for approximately 155.5 acres 73 on PCCA’s La Quinta Property. 14. C. Approve Pipeline Easement with Oxy Ingleside Energy Center, LLC, for four 85 pipelines to be located near Good Hope Dredge Material Placement Area. 14. D. Award contract to Rabalais I&E Constructors, the lowest and best bidder based on 106 bids received on November 22, 2013, for installation of security cameras for Security Grant 11 – Nueces River Rail Yard Surveillance. 14. E. Award contract to CohuHD, the lowest and best bidder based on bids received on 110 December 20, 2013, for purchase of cameras for Security Grant 11 –Nueces River Rail Yard Surveillance. 15. Receive report from the Executive Director on upcoming community events, PCCA 111 events and activities of the following PCCA departments during the preceding month: business development, community relations, government affairs, operations, engineering services, accounting, and human resources. 16. Receive comments from Port Commissioners on any of the agenda items for this 148 meeting, the PCCA’s activities during the preceding month, upcoming PCCA events, and suggestions for future agenda items. 17. The Commission will go into executive session pursuant to §551.072 of the Texas 149 Government Code to deliberate leasing and/or purchasing property on the south side of the Inner Harbor. 18. The Commission will go into executive session pursuant to §551.071 of the Texas 150 Government Code to receive legal advice from PCCA’s counsel regarding PCCA’s opposition to the proposed rezoning of Harbor Island by the City of Port Aransas. The Commission may take action on this agenda item in open session. 19. The Commission will go into executive session pursuant to §551.072 of the Texas 151 Government Code to deliberate leasing or selling all or part of PCCA’s property on Harbor Island. The Commission may take action on this agenda item in open session. 20. The Commission will go into executive session pursuant to §551.071 of the Texas 152 Government Code to receive legal advice from PCCA counsel regarding settlement of a pending EEOC claim. The Commission may take action on an agreement resolving this matter in open session. 21. The Commission will go into executive session pursuant to §551.071 of the Texas 153 Government Code to receive legal advice from PCCA’s counsel regarding the enforceability of Confidentiality Agreements with PCCA’s Commissioners and employees. 22. Adjourn AGENDA ITEM NO. 2 OFFICIAL MINUTES OF PORT COMMISSION MEETING DECEMBER 10, 2013 The Port Commissioners of the Port of Corpus Christi Authority met in regular session at the Congressman Solomon P. Ortiz International Center, 402 Harbor Drive, Corpus Christi, Texas, on Tuesday, December 10, 2013, beginning at 8:42 a.m., immediately following the conclusion of the meeting of the Board of Pilot Commissioners for the Port of Corpus Christi Authority. Present: Mr. Mike Carrell Mr. Richard Borchard Mr. Charles Zahn Ms. Judy Hawley Mr. Robert Kostelnik Mr. Al Jones Ms. Barbara Canales Present: Mr. John P. LaRue Mr. Frank Brogan Mr. Tony Alejandro Ms. Patricia Cardenas Mr. Dennis DeVries Mr. David Krams Mr. Ruben Medina Ms. Sandra Terrell-Davis Mr. John Pasch Mr. Tom Mylett Mr. Darrin Aldrich Ms. Audre Debler Ms. Sherry DuBois Mr. Tyler Fuhrken Mr. Bland Chamberland Ms. Sarah Garza Ms. Sonya Lopez Mr. Eddie Martinez Mr. Dave Michaelsen Mr. Jacob Morales Ms. Nelda Olivo Ms. Maggie Turner Mr. Richard Hernandez Ms. Teresa Betzold Ms. Sofia Kinstley Mr. Dan Koesema Mr. Bert Perez Ms. Liz Cantu Ms. Peggy Mettlen Mr. Jesse Samu 12-10-13 Pg. 1 of 11 4 AGENDA ITEM NO. 2 Others Present: Mr. Leo J. Welder, Jr. Others Present: Mr. Kevin Beasley Traisura AG Ms. Sue Zimmermann Cheniere Energy Ms. Nancy Allen USO Capt. John Williams Capt. Sammy Murphy Capt. Earl Webb Aransas/CC Pilots Mr. Don Rodman Rodman Co. Ms. JoAnn Ehmann Ingleside on the Bay Ms. Becky McMillon San Patricio EDC Mr. Foster Edwards CC Chamber of Commerce Mr. Rick DuPriest W.L. Bates Mr. Pete Perkins City of Ingleside Mr. Tom Moore PCCA Consultant Ms. Lillian Riojas Capt. Joe Harrington Valero Capt. Erich Stein USCG Mr. Ray Allen CB Bays & Estuaries Mr. Scott Harris LAN Inc. Mr. JJ Johnston TPCO America Ms. Darcy Schroeder Koch Companies Mr. Robert Roth Amtex Security Mr. Daniel Korus Del Mar College Mr. Blane Withers Heldenfels 12-10-13 Pg. 2 of 11 5 AGENDA ITEM NO. 2 Mr. Chuck Bogk ILA #26 Ms. Georgina Ybana TML Mr. Fred Dotts Mr. Mo Morehead Ms. Nancy Zuniga MDR Mr. Mark Collette Caller-Times Mr. Harry G. Plomarity I. Chairman Carrell called the meeting to order and asked that any conflict of interest affidavits be submitted. Mr. Kostelnik submitted an affidavit stating that he would abstain from participation in item 19 because he was considering an offer to serve as an outside director of a subsidiary company to the parent company of Gulf States Bulk Terminal, LLC. II. On motion made by Mr. Zahn and seconded by Mr. Kostelnik, the Commission approved the minutes of November 12 and November 22, 2013, Commission meetings in the form presented to the meeting. III. Chairman Carrell asked for comments from the public. No comments were received. IV. Andrew Smith, the new Resident Engineer for the Corpus Christi Area Office of the U.S. Army Corps of Engineers, was introduced to the Commission. V. The Commission received a Windstorm Insurance Reform presentation from Mr. Zahn. VI. On motion made from Mr. Zahn and seconded by Ms. Hawley, the Commission approved PCCA’s Strategic Plan 2014-2020 as presented at the meeting. 12-10-13 Pg. 3 of 11 6 AGENDA ITEM NO. 2 VII. On motion made by Ms. Hawley and seconded by Ms. Canales, the Commission approved renewing PCCA’s Workers Compensation Insurance coverage with the Texas Municipal League Intergovernmental Risk Pool for the one-year period beginning January 1, 2014. The quoted premium for this coverage was $113,575, which represents a 5.6 % increase over the premium for this coverage in 2013. VIII. On motion made by Ms.