OFFICIAL MINUTES OF PORT COMMISSION MEETING MARCH 21, 2017

Transcription

1 OFFICIAL MINUTES OF PORT COMMISSION MEETING MARCH 21, 2017 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 21, 2017 at 9:00 a.m., for the regular monthly meeting of the Port Commission. Present: Absent: Present: Mr. Charles Zahn Mr. Wayne Squires Ms. Barbara Canales Mr. David P. Engel Mr. Richard Valls Mr. Richard L. Bowers Mr. Wes Hoskins Mr. John P. LaRue Mr. Sean Strawbridge Mr. Jarl Pedersen Mr. Darrin Aldrich Ms. Rosie Collin Mr. Dennis DeVries Mr. Tyler Fuhrken Ms. Sarah Garza Mr. David Krams Mr. Ruben Medina Ms. Sandra Terrell-Davis Ms. Nelda Olivo Ms. Lynn Angerstein Ms. Audre Debler Ms. Sherry DuBois Mr. Sam Esquivel Mr. Brett Flint Ms. Donna James-Spruce Mr. Dan Koesema Ms. Sonya Lopez Mr. Dave Michaelsen Ms. Tara Perry Ms. Maggie Turner Mr. Eddie Martinez Mr. Bennie Benavides Ms. Natasha Fudge Ms. Jennifer Powell Mr. Jesse Samu Ms. Pamela Mota Pg.1 of 14

2 Others Present: Others Present: Mr. Leo J. Welder, Jr. Mr. Dane Bruun Capt. Jay Rivera Aransas/CC Pilots Assn. Mr. Kevin Miller Mr. David Cave CITGO Mr. Xavier F. Valverde G&H Towing Ms. Denise Skinner NuStar Ms. Jalyn Stineman Capt. Mike Cunningham Capt. Hahn US Coast Guard Capt. Mike Kershaw Consultant Mr. Scott Harris LAH Mr. Rob Tully ExxonMobil Ms. Carol Scott Consultant Mr. Will Nichols Cheniere Mr. Tom Moore Consultant Ms. Darcy Schroeder Capt. Joe Harrington Valero Mr. Bob Paulison Port Industries Mr. Iain Vasey CC Regional EDC Mr. Terry Arnold Consultant Mr. Jeffery Taylor Ms. Del Richardson OPC/DRA Mr. William Goldston WFGCON/ACEC Ms. Sue Zimmermann Zimmermann Consulting Pg.2 of 14

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4 1. MEETING CALLED TO ORDER. 2. SAFETY BRIEFING PRESENTED. Mr. Chris Ramirez Caller-Times Mr. Fred Nardini San Patricio County Dr. Flavius Killebrew Texas A&M University 3. PLEDGE OF ALLEGIANCE RECITED. 4. INVOCATION GIVEN. 5. CONFLICT OF INTEREST AFFIDAVITS. Mr. Engel submitted an affidavit for agenda item 12j, stating he would not participate in the consideration of, nor vote on, this agenda item because he is a member of the board of the CHRISTUS Spohn Health Organization. Mr. Valls submitted an affidavit for agenda item 13i stating he would not participate in the consideration of, nor vote on, this agenda item because he is a beneficiary of a trust that has a minority ownership interest in Port Corpus Terminal, Inc. 6. MINUTES. On motion made by Mr. Valls and seconded by Bowers, the Commission approved the minutes of the February 21 and March 9, 2017 Commission meetings, in the form presented to the meeting. 7. PUBLIC COMMENTS. There were no public comments. 8. PRESENTATIONS. 8a. On motion made by Mr. Valls and seconded by Ms. Canales, the Commission approved the following resolution: Resolution of Appreciation For The Honorable Fred P. Nardini, San Patricio County Commissioner, Precinct 2 WHEREAS, Commissioner Fred P. Nardini, emigrated with his parents from Germany in pursuit of the American dream and settled in South Dakota; and Pg.4 of 14

5 WHEREAS, Commissioner Fred P. Nardini worked at H.E.B.for 19 years and went on to become an entrepreneur with his wife Judy to establish multiple businesses, including a meat market, catering and U-Haul businesses for 21 years; and WHEREAS, Commissioner Fred P. Nardini is a graduate of the VG Young Judges and Commissioners Leadership Academy class and has completed academic hours in the Curriculum 2000 Advanced Studies in County government from the VG Young program at Texas A & M University, College Station; and WHEREAS, Commissioner Fred P. Nardini honorably served for five terms as County Commissioner in San Patricio County during which time his visionary leadership to the County was instrumental in its prosperity; and WHEREAS, Commissioner Fred P. Nardini was appointed by then- Governor George W. Bush, and reappointed by Governor Rick Perry as Chairman of the Regional Review Committee; and WHEREAS, Commissioner Fred P. Nardini serves on the San Patricio County Economic Development Board, De-Go-La RC & D Board, Corpus Christi Metropolitan Planning Organization, Coastal Bend Council of Governments and was the representative for San Patricio County on the Texas Conference of Urban Counties Aggregation Project; and WHEREAS, Commissioner Fred P. Nardini also serves as a member on the Education Committee of the County Judges & Commissioners Association of Texas and as Vice President of Finance for the Texas Conference of Urban Counties; and WHEREAS, Commissioner Fred P. Nardini s insightful leadership catapulted San Patricio County s economic development efforts through support for projects including the Tianjin Pipe Company, Cheniere, voestalpine Texas and Occidental Chemical Company which brought hundreds of jobs to the region and a brighter future to for Coastal Bend; and NOW THEREFORE BE IT RESOLVED that the Port Commission of the Port of Corpus Christi Authority, for itself and on behalf of Port staff and the Port community as a whole, expresses its sincere gratitude and appreciation to County Commissioner Fred P. Nardini for his honorable and outstanding service to San Patricio County and the entire Coastal Bend community; and BE IT FURTHER RESOLVED that this resolution be made a part of the permanent minutes of this Port Commission and that a signed original of this Resolution be furnished to Commissioner Fred P. Nardini and his wife Judy. Pg.5 of 14

6 8b. On motion made by Mr. Engel and seconded by Ms. Canales, the Commission adopted the following resolution: Resolution of Appreciation For Dr. Flavius C. Killebrew, President Emeritus Texas A&M-University-Corpus Christi WHEREAS, Dr. Flavius C. Killebrew, began his journey as a professor at West Texas A&M University and rose through the ranks in Canyon, Texas and achieved status of Provost/Vice President of Academic Affairs; and WHEREAS, for 44 years, Dr. Flavius Killebrew has provided visionary leadership that led to key milestones in Texas A&M University Corpus Christi s history, helping grow the University to become a premier institution of higher education in the Coastal Bend; and WHEREAS, in January 2005, Dr. Killebrew assumed presidency of Texas A&M-Corpus Christi and during the 12 years he served the Island University, enrollment grew from 7,823 students to more than 12,000 students; and WHEREAS, Dr. Flavius Killebrew implemented the University s Momentum 20/20 Strategic Plan, which put the Island University on the path to attaining Emerging Research University status; and WHEREAS, Dr. Flavius Killebrew initiated 19 new degree programs, including six new doctoral programs and two bachelor s degrees in engineering, and was instrumental in expanding distance education opportunities for A&M- Corpus Christi students; and WHEREAS, Dr. Killebrew launched the Harte Research Institute ($46 million), acquired 27 acres of land for campus expansion, completed a $9.9 million fundraiser for its new Art Museum building, raised $70 million in new institutional funding and launched a $350 million dollar building expansion; and WHEREAS, Dr. Flavius Killebrew played a crucial role in attaining one of six Federal Aviation Administration sites for testing and research on the integration of unmanned aircraft systems into the national airspace; and WHEREAS, Dr. Flavius Killebrew established the Texas Collaborative, which received over $50,000,000 in funding for various math/science projects as well as various research projects on environmental and other issues; and WHEREAS, Dr. Flavius Killebrew, was bestowed the title of President Emeritus for his lifetime of achievements in education and the advancement of scholars by the Texas A&M System Board of Regents; and Pg.6 of 14

7 NOW THEREFORE BE IT RESOLVED that the Port Commission of the Port of Corpus Christi Authority, for itself and on behalf of Port staff and the Port community as a whole, expresses its sincere gratitude and appreciation to Dr. Flavius C. Killebrew for his honorable and outstanding service and dedication to the Coastal Bend community and the thousands of lives he has impacted through his leadership at Texas A&M University-Corpus Christi and the A&M System; and BE IT FURTHER RESOLVED that this resolution be made a part of the permanent minutes of this Port Commission and that a signed original of this Resolution be furnished to Dr. Killebrew, and his wife Kathy Killebrew. 8c. On motion made by Mr. Squires and seconded by Ms. Canales, the Commission adopted the following resolution: Resolution of Appreciation For Captain Michael Cunningham United States Coast Guard WHEREAS, for 27 years, Captain Michael Cunningham has worked diligently for the United States Coast Guard, helping to protect, defend and save mariners on the sea; and WHEREAS, Captain Michael Cunningham began his journey as an officer in the United States Coast Guard at Marine Safety Office Long Beach, California as a marine inspector; and WHEREAS, on July 1, 2012, after 23 years of dedicated service, Michael Cunningham was promoted to the rank of Captain; and WHEREAS, on July 7, 2015, Captain Michael Cunningham s honor, respect and devotion to duty over many years earned him the position of Deputy Sector Commander, Sector Corpus Christi; and WHEREAS, throughout his tour in Corpus Christi, Captain Michael Cunningham expertly managed several high risk cases, including the allision of a 480-foot cargo vessel and barge in the main ship channel; the allision of an uninspected towing vessel with a sunken World War II wreck; and a 27,000 gallon ultra-low sulfur diesel spill, ensuring the safety and security of personnel and the marine environment; and Pg.7 of 14

8 WHEREAS, Captain Michael Cunningham championed safety and security throughout the multi-port complex through numerous port security working groups and Area Safety and Security Committee meetings and further forged strategic partnerships as well as increased contingency preparedness; and NOW THEREFORE BE IT RESOLVED that upon his retirement effective June 30, 2017, the Port Commission of the Port of Corpus Christi Authority, for itself and on behalf of Port staff and the Port community as a whole, expresses its sincere gratitude and appreciation for the decades of service that Captain Michael Cunningham has given to the United States Coast Guard, the citizens of the United States, 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 and that a signed original of this Resolution be furnished to Captain Cunningham, and his wife, Liana Cunningham. 8d. The Commission received a presentation from the Coastal Bend Bays & Estuaries. 8e. The Commission received an update on the La Quinta Terminal Upland Buffer Area project. 9. SECURITY COMMITTEE REPORT. The Chairman of the committee reported on the committee s activities since the last regular Commission meeting. 10. AUDIT COMMITTEE REPORT. The Chairman of the committee reported on the committee s activities since the last regular Commission meeting. 11. LONG-RANGE PLANNING COMMITTEE REPORT. The Chairman of the committee reported on the committee s activities since the last regular Commission meeting. 12. OPEN SESSION AGENDA. 12a. On motion made by Mr. Bowers and seconded by Mr. Valls, the Commission approved, in the form presented to the meeting, an Interlocal Cooperation Contract with Texas A&M University Corpus Christi for Operation, Maintenance, Repair and Management of the Corpus Christi Physical Oceanographic Real-Time System (CC PORTS ). Pg.8 of 14

9 12b. PCCA issued a request for bids for PCCA s purchase of a floating dock platform with a hose tower and crane, a marine vapor combustion unit, and a dock safety unit associated with PCCA s Floating Dock Platform Oil Transfer Operation System Project. The bids were opened on March 16, NuStar Logistics L.P. submitted bids for all three bid items. No other bids were received. NuStar s bids were as follows: Item #1 (Floating dock platform with a hose tower and crane) -- $1,100,000 Item #2 (Marine Vapor Combustion Unit) -- $500,000 Item #3 (Dock Safety Unit) -- $200,000 On motion made by Mr. Engel and seconded by Mr. Valls, the Commission awarded a contract to NuStar Logistics L.P., as seller, in the amount of $1,800,000 for PCCA s purchase of the three items described in NuStar s bids. 12c. On motion made by Mr. Engel and seconded by Ms. Canales, the Commission approved a Purchase Order in the amount of $4,946,240 for PCCA s cost-share for the operation and maintenance of levees at Dredge Material Placement Area 13 associated with U.S. Army Corps of Engineers Construction Contract to increase DMPA capacity for Federal, PCCA, and Third Party use. 12d. On December 9, 2016, PCCA issued an RFP pursuant to Texas Water Code soliciting quotations for the following insurance coverages: (1) property insurance; (2) primary and excess wind/windstorm insurance; (3) flood, excess of National Flood Insurance Program; (4) boiler & machinery (equipment breakdown); and (5) terrorism. The incumbent agent, Carlisle Insurance Agency, Inc. ( CIA ), was the sole proposer to meet all RFP specifications. On motion made by Mr. Engel and seconded by Mr. Valls, the Commission authorized the purchase of Property, Terrorism and Equipment Breakdown Insurance coverage through Carlisle Insurance Agency, Inc., in accordance with the terms and conditions of the Letter of Award Request for Proposals for Property Insurance (Project No A) presented to the meeting and authorized the Executive Director to execute the Letter of Award with CIA on behalf of PCCA. 12e. On motion made by Mr. Bowers and seconded by Mr. Squires, the Commission rejected all bids received on January 27, 2017 for the Bulk Dock 1 Storage Building Upgrades Project. 12f. On motion made by Mr. Valls and seconded by Ms. Canales, the Commission approved, in the form presented to the meeting, a Release of Easement granted to PCCA by Occidental Chemical Corporation, as Successorin-Interest to Transamerica Natural Gas Corporation. Pg.9 of 14

10 12g. On motion made by Mr. Valls and seconded by Mr. Squires, the Commission approved, in the form presented to the meeting, a new Easement Agreement between Occidental Chemical Corporation, as grantor, and PCCA, as grantee, for a road located between PCCA s Good Hope DMPA property and State Highway h. On motion made by Mr. Engel and seconded by Mr. Valls, the Commission approved PCCA s 4 th Quarter Investment Report, in the form presented to the meeting. 12i. On motion made by Mr. Bowers and seconded by Mr. Valls, the Commission approved, in the form presented to the meeting, a Vessel Purchase Agreement between PCCA, as buyer, and Joey P. Sulak, as seller, for the purchase of the fire boat J.S. Bracewell, Official Number , for a purchase price of $180,000 pursuant to the public health or safety exception in Texas Water Code (a)(2). 12j. On motion made by Mr. Bowers and seconded by Mr. Squires, the Commission approved a one-year contract extension of the Port of Corpus Christi Health and Dental Benefits Plan with Entrust, Inc., effective January 1, Mr. Engel abstained from voting on this item. 12k. On motion made by Mr. Bowers and seconded by Mr. Valls, the Commission approved a one-year contract extension of PCCA s existing Group Long-Term Disability, Group Life and AD&D, Group Voluntary Life and AD&D, and Stand Alone Voluntary AD&D Benefit Plans effective January 1, CONSENT AGENDA. Individual Commissioners requested that Consent Agenda Items 13b, 13c, 13d, 13f, 13g, 13i, 13j, 13m, 13o and 13p be considered separately. Then, Mr. Engel 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. Bowers seconded the motion and the motion passed without objection, with Mr. Valls abstaining from voting on Agenda Item 13.i. 13a. By approval of the Consent Agenda Motion, the Commission approved a Work Uniform Services contract through the Texas Cooperative Purchasing Program. 13b. By separate motion duly made and seconded, the Commission approved, in the form presented to the meeting, the Consent to Assignment of Master Agreement and Service Order No. 10 from E2 ManageTech Inc. to EnSafe Inc. 13c. By separate motion duly made and seconded, the Commission approved, in the form presented to the meeting, a Consulting Services Contract with EnSafe, Pg.10 of 14

11 Inc. in the amount of $50,465 for consulting services related to implementation of the Intelex Software Platform. 13d. By separate motion duly made and seconded, the Commission approved, in accordance with the staff recommendation furnished to the Commission at the meeting, the Grant Application for five Port security projects under the Port Security Grant Program FY-2017, with the understanding that PCCA will not accept grant funding for any project unless and until the Security Committee has vetted the project and the Commission has formally authorized acceptance of grant funding for the project. 13e. By approval of the Consent Agenda Motion, the Commission awarded a Construction Contract in the amount of $102, to JM Davidson, Ltd., the lowest and best bidder based on bids received on February 24, 2017, for repairs on the east trestle at Bulk Dock 1. 13f. By separate motion duly made and seconded, the Commission agreed to table a Professional Engineering Services Contract in the amount of $58,500 with Diverse Design Solutions, PLLC for engineering services associated with the Ortiz Center Chiller Replacement project until the Ad-hoc Committee has reviewed and made a recommendation on the contract. 13g. A separate motion was duly made and seconded to approve, in the form presented to the meeting, a Consulting Services Contract with EnSafe Inc. in the amount of $86,308 for consulting services related to development and implementation of the Occupational Health & Safety Management System and Health & Safety Policies and Manuals. The motion failed by a vote of 3-3. Then, by a separate motion duly made and seconded, the Commission voted to reject all proposals received in response to PCCA s Request for Proposals for an Occupational Health & Safety Management System and Health & Safety Policies and Manuals. The Commission then authorized staff to either issue a new Request for Proposals for an Occupational Health & Safety Management System and Health & Safety Policies and Manuals or negotiate a contract with a firm to provide the services described in the RFP pursuant to the public health or safety exception in Texas Water Code (a)(2). 13h. By approval of the Consent Agenda Motion, the Commission rescinded the Purchase Contract awarded to QuayQuip B.V. ($23,938) in February 2017 and awarded additional bid items to TEKMarine System LLC ($28,830) for the purchase of dock fenders and panels. Pg.11 of 14

12 13i. By approval of the Consent Agenda Motion, the Commission approved an Assignment, Assumption, and Consent Agreement by and between Billy Pugh Company, Inc., and Port Corpus Terminal, Inc., and the Port of Corpus Christi Authority for a 2.13-Acre Lease Agreement dated January 14, 2003 by and between the Port of Corpus Christi Authority and Billy Pugh Company, Inc. Mr. Valls abstained from voting on this item. 13j. By separate motion duly made and seconded, the Commission approved, in the form presented to the meeting, a Corrective Second Amendment of Lease Agreement with Superior Weighting Products, LLC for a acre tract of land in Nueces County, Texas. 13k. By approval of the Consent Agenda Motion, the Commission approved a Deductive Change Order in the amount of $85,805 with Russell Marine, LLC, to remove the pipeline pig trap system requirement from the construction of Oil Dock 15 project. 13l. By approval of the Consent Agenda Motion, the Commission approved an Easement Agreement with NuStar Logistics, L.P. for a 30-inch pipeline and a 100 by 125 valve site to connect to new Oil Dock 15 lease site to NuStar s existing pipeline connecting to the NuStar s 10-acre terminal facility lease site. 13m. By separate motion duly made and seconded, the Commission approved, in the form presented to the meeting, the Second Amendment and Supplement of Professional Consulting Services Contract with AECOM in an amount not-toexceed $54, for additional scope of work related to the Waterway Planning Study of the Corpus Christi Ship Channel System. 13n. By approval of the Consent Agenda Motion, the Commission approved a Change Order in the amount not-to-exceed $75,000 with W.T. Byler Company for improvements to a material borrow site associated with the Nueces River Rail Yard Phase II project. 13o. The Chairman announced that the Commission would receive legal advice regarding Agenda Item 13o in executive session pursuant to of the Texas Government Code and would consider Agenda Item 13o in Open Session after the Executive Session closes. 13p. PCCA and Maritime Berthing Inc. (MBI) entered into a lease agreement on December 14, 2010, under which PCCA leased to MBI a berth at Cargo Dock 14/15 and a berth at Bulk Dock 3 in the Inner Harbor. The lease is scheduled to terminate on March 31, By separate motion duly made and seconded, the Commission approved a Third Amendment to the MBI Lease, which extended the lease of the berth at Cargo Docks 14 and 15 until September 30, 2017, but did not extend the lease of the berth at Bulk Dock 3. Pg.12 of 14

13 13q. By approval of the Consent Agenda Motion, the Commission approved a change in cooperative purchasing program for previously approved purchase of a 2017 Ford Transit-350 XL 15-Passenger Van from Chastang Ford. 14. EXECUTIVE DIRECTOR REPORT AND COMMISSIONER COMMENTS: 14a. The Executive Director submitted his report on upcoming community events, PCCA events and activities of the following PCCA departments during the preceding month Safety, Community Relations, Communications, Government Affairs, Business Development, Foreign Trade Zone, Ortiz Center, Human Resources, Security, Operations, Engineering Services, Finance, Real Estate, and Environmental. Mr. Zahn then asked for comments from the Commissioners. 15. EXECUTIVE SESSION: At 1:05 p.m., Mr. Zahn announced the Commission would go into executive session pursuant to and of the Texas Government Code to deliberate agenda items 13o, 15a, 15b, and 15c, which were described in the agenda of the meeting as follows: 13o. Approve a Change Order in the amount of $226,000 with EMCO Wheaton USA Inc. to provide a 16-inch instead of an 8-inch loading arm for the Public Oil Dock 15 Project. 15a. The Commission will go into executive session pursuant to of the Texas Government Code to deliberate the purchase of certain real property on the south side of the Inner Harbor. 15b. The Commission will go into executive session pursuant to of the Texas Government Code to deliberate the purchase of certain real property accessible to the La Quinta Channel. 15c. The Commission will go into executive session pursuant to of the Texas Government Code to receive legal advice from PCCA s counsel regarding the enforceability of the Memorandum of Understanding described in agenda item 16a. 16. RECONVENE IN OPEN SESSION. The Chairman reconvened the meeting in open session at 2:22 p.m., to take action on agenda items 13o and 16a. 13o. On motion duly made and seconded, the Commission approved, in the form presented to the meeting, a Change Order in the amount of $201,972 with EMCO Wheaton USA Inc. to provide a 16-inch instead of an 8-inch loading arm for the Public Oil Dock 15 Project. Pg.13 of 14

14 16a. On motion made by Mr. Bowers and seconded by Mr. Engel, the Commission tabled consideration of a proposed Memorandum of Understanding with the City of Portland. 17. ADJOURN. On motion duly made and seconded, the meeting was adjourned at 2:24 p.m. Pg.14 of 14