ROBERTS, DAVID ROBERTS WANDA ROBERTS ANNE MARIE ODEFEY SANDRA CARLY W. WALL iwilcox@vicad.com Jon Wilcox Victoria Advocate Dear Mr. Wilcox: ROBERTS, ODEFEY, WITTE a: WALL, LLP ATTORNEYS AT LAW 2206 HIGHWAY 35 NORTH POST OFFICE BOX 9 PORT LAVACA, TEXAS 77979 3515522971 FAX: 361.552.5368 com June 18,2018 Re: Public Information Act Request The Port has received your Public Information Act request contained in your email dated June 13, 2018 to the Calhoun Port Authority for copies of the minutes of the Port Authority?s public meetings in May and June 2018. Enclosed are the minutes from the May meetings, the minutes from the June meeting will not be available until after the July 11, 2018 meeting when they are approved by the Board. DR/sd Yours truly, ROBERTS, ROBERTS, ODEFEY, WITTE WALL, LLP cc: Charles R. Hausmann, Port Director 12. CALHOUN PORT AUTHORITY REGULAR MEETING Maj;r 9, 2018 A regularmeeting of the Calhoun Port Authority was held on Wednesday, May 9, 2018 at 9:00 am. in the Caihoun Port Authority Board Room, Calhoun Port Authority Of?ce, Point Comfort, Texas Board Members attending were: Commissioner 1 - Shields ?Tony? A. Hoiiaday Commissioner 2 - Dell R. Weathersby Commissioner 4 - Randy L. Boyd Commissioner 5 - Aron Luna Commissioner 6 - H. C. Wehrnoyer, Jr. Board Members absent were: Commissioner #3 - I. C. Meioher, Jr. Sta?' Members present were: Charles IL Hausmann Port Director Forrest Hawes Depoty Port Director David Knuokey Director of Engineering Services David Roberts Roberts, Roberts, Odefey Witte Lori Hammaok Administrative Assistant Others Present were: Rob Muii Texas General Land Of?ce Mickey Sappington? Engineers, Inc. Steve Svetiik? NST Point Comfort Hoidings Jack Wu Formosa Plastics Corporation Carl Smith Tom Morgan Simpiot Bobby Sparkman Formosa Plastics Corporation Aaron Marthr - NGL Agenda Item No. 1: Call to Order: Board Chair Randy L. Boyd calied the Reseller Meeting to order at approkirnately 9:00 am. He announced that the agenda of the meeting was posted in accordance with the provisions of the Texas Open Meetings Act. The Pledge of Allegiance was Ied by Board Chair Randy L. Boyd. Agenda Item No 2: Approve the minutes of the Wednesdav. April 11, 2018 Regular Meeting. The Board Members reviewed the minutes of the Wednesday, April 1 I, 2018 Regular Meeting. Pursuant to further review and discussion, a motion was made by Board Member Tony Hoiiaday to approve the minutes as presented. The motion was seconded by Board Secretary H. C. Wehmeyer, r. and the motion carried unanimously. Agenda Item No. 3: Review of Financial Reports: All Funds. Deputy Director Forrest Hawes presented the following ?nancial information to the Board Members for Review: 13 Fund Balance Report as of April 30, 2018: 1.) Accounts Receivable Report as of April 30, 2018 2.) Mr. Hawes reported to the Board Members that the accounts receivable report speci?ed that the accounts receivable were 95% current as of April 30, 2018. 6&0 Agenda Item No. 4: Approval of Disbursements and Transfers: All Funds The Board Members reviewed the May 9, 2018 Port Operations Account disbursements. Pursuant to review, a motion was made by Board Member Tony Holladay to approve disbursements and the corresponding transfers for May 9, 2028. The motion was seconded by Board Member Dell R. Weathersby and the motion carried that the disbursements and the correSponding transfers be approved. CHECK NO. FUND ACCOUNT AMOUNT GROSS REVENUE FUND 2018-022 To Port Operations Fund 63,171.01 2018?024 To Port Operations Fund 55,419.42 2018-025 To Port Operations Fund 53,362.56 2018?026 To Port Operations Fund 423,493.67 Total 595,446.66 fax] MAINTENANCE AND OPERATIONS FUND 2018022 To Port Operations Fund 4,7 I 6.72 2018-024 To Port Operations Fund 4,144.77 2018?025 To Port Operations Fund 4,113.90 Total $9,453.13 BUSINESS DEWLOPMNT FUND 2018-026 To Port Operations Fund 3,233 .25 Total 3,233 .25 DEPRECIATION MAJOR REPAIR FUND ANINHEI OPERATING FUND 2018?026 To Port Operations Fund 21,3 77.67 A Total 21,377.67 TOTAL TRANSFERS TO PORT OPERATIONS ACCOUNT 633,032.97 INTERFUND TRANSFERS DATE FROM TO AMOUNT 5/09/18 ANINI-B Operating ANINHB Dep. MIR $7,500.00 Total 31.5.0200. 14 Agenda Item No. 5: Port Director?s Report. Charles R. Hausrnann, Port Director, reported the following: A. Harbor Traf?c Statistics for the month of April: That a total of 114 vessels had arrived at the public port facilities during the month of April; 24 deep draft arrivals and 90 inland barges and a total of 262 invoices were issued. Further, that 15 deep draft vessels were already on schedule for May arrival. Total revenue tons for the month of April were 426,5304 short tons. Total revenue tons for the ?rst ten months of FY2018 were 4,097,0645 short tons which was a 38% increase over the same time period in FY 2017. B. NGL loaded out 22 crude oil barges totaling 73,4316 short tons. C. Seadrift Coke lightercd 3 barges of needle coke totaling 4,414.3 short tons to one (1) ship for export. Agenda Item No. 6: Public Comment. No action was taken on this agenda item. Agenda Item No. 7: Review and Consideration of Board Members Was. No action was taken on this agenda item. Agenda Item No. 8: Review and Consideration of an Update on the South Peninsula Development Proicct. No action was taken on this agenda item. Agenda Item No. 9: Review and Consideration of Approval for an Easement for Three Pipelines Each being 185.66 Rods in Length for Formosa Plastics Cornora?on. The Board Members reviewed a copy of an easement agreement covering three pipelines that would cross port property from the new Plant. The easement fee for the ten?year period for all three pipelines was $30,374.68 plus 3 $2,500.00 administrative fee for document preparation. Pursuant to further review and discussion, a motion was made by Board Member Deli R. Weathersby to approve the easement for three pipelines at 185.66 rods each in length for Formosa Plastics Corporation subject to agreements being in place with NGL and Formosa. The motion was seconded by Board Member Tony Hoiladay and the motion carried unanimously Agenda Item No. 10: Review and Consideration of a Request from INEQS Nitriles to Extend its submerged Lease Agreement of an Easement for an Additional 10?year period as orovided in Article of the Lee'sp; The Board Members reviewed a copy of an extension agreement that was prepared by Port General Counsel that extends the 2008 easement for two 8-inch pipelines that cross the bay. The easement fee for the additional 10-year period was $129,377.59 plus a $2,500.00 administrative fee to cover document preparation. Pursuant to further review and discussion, a motion was made by Board Member Tony Holladay to approve the extension agreement for an additional 10~year period at the discussed rates. The motion was seconded by Board Secretary H. C. Wehmeyer, Jr. and the motion carried unanimously. 15 Agenda Item No. 11: Closed Session: As Authorized by Tex. Gov?t Code 551.087 for the purpose of discussion regarding commercial information that the Port has received from a business prospect that the Port seeks to have locate. stav or expand in or near the territory of the Port and with which the Port is conducting economic development negotiations; As authorized Tex.Gov?t Code 8551.072 for the purpose of discussion with respect to the purchasg exchange, lease or value of real propertv. As Authorized hv Tex. Gov?t Code for purposed of deliberating the appointmept, employment: compensation, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee. As authorized hv Tex.Gov't Code 65510710} to seek the advice of its attorney. Board Chair Randy L. Boyd announced that as Authorized by Tex. Gov?t Code 551.08? for the purpose of discussion regarding commercial information that the Port has received from a business that the Port seeks to have locate, stay or expand in or near the territory of the Port and with which the Port is conducting economic development negotiations; As Authorized by Tex. Gov?t Code Section 551.072, for the purpose of discussion with respect to the purchase, exchange, lease or value of real property. As Authorized by Tex. Gov?t Code ?551.0?4 for pmposed of deliberating the appointment, employment, compensation, evaluation, reassignment, duties, discipline or dismissal of a public of?cer or employee. As Authorized by Tex?ov't Code to seek the advice of its attorney. Further that, ?No action or consensus would be taken in closed session? The Board convened in Closed Session at 9:31 am. Agenda Item No. 12: Return to OPEN SESSION and take an action deemed necessaryr based upon discussion in closed meeting. The Board adjoumed the Closed Session at 10:49 am. Board Chair Randy L. Boyd announced that ?No action or consensus had been taken in closed session?. Board Chair Randy L. Boyd directed the Port Director to proceed with hiring the poi-$011 discussed in Closed Session. Agenda Item No. 13: Adiourn. There being no ?uther business to he brought before the Board, a motion was duly made that the meeting be declared adjourned at approximately 10:50 am. on Wednesday, May 9, 2018. 63,01 67/25/25 Randy L. Boyd, Board Chair ATTEST: H. C. Wehmeyer, Secretary i 1 16 CALHOUN PORT AUTHORITY SPECIAL MEETING May 24, 2018 A special meeting of the Calhoun Port Authority was held on Thursday, May 24, at 4:30 pm- in the Calhoun Port Authority Board Room, Calhoun Port Authority Office, Point Comfort, Texas. Beard Members attending were: Commissioner i Tony Holladay Commissioner 2 Dell R. Weathersby Commissioner 3 J. C. Melcher, Jr. Commissioner it 4 Randy L. Boyd Commissioner 5 Aron Luna Commissioner 6 H. C. Wehrneyer, r. Staff Members present were: Charles R. Hausmann Port Director Forrest HaWes Depnty Port Director David Knuckey Engineering Director Miranda Malek Finance Assistant David Roberts Roberts, Roberts, Odefey, Witte &Wall Sandy Wine?Roberts, Roberts, Odefey, Witte 8.: Wall Others PreSent Were: DD. Turner The Wave Jon Wilcox The Victoria Advocazc Dennis Kingsbury KRIS Channei 6 Nikola Pradier KRIS Channel 6 Angela Piazza The Victoria Advocate Torn Morgan Simplot Adrianna Garcia KAVU Channel 25 Lynne Durham Roberts, Roberts, Odefey, Witte Wall Carl Bond - Citizen Paul Lanterbach - Citizen Agenda Item No. 1: Call to order. Board Chair Randy L. Boyd called the Special Meeting to order at approximately 4:30 pm. He announced that the agenda of the meeting was posted in accordance with the provisiOns of the Texas Ogen Meetings Act. Agenda Item No. 2: Closed Session: As Authorized bv Tex. Gov?t Code $551,071 for pnrgosed of conferring with the Boards legal counsel regarding: 8551.071 (A): needing andfor contemplated litigation. Cause No. . Victoria Advocate Publishing Co. v. Calhoun Port Authority. In'the Judicial District Court of Calhoun Countv. Texas; and. 5551.071 (2): To seek advice from its attorrgh As Authorized by Tex. Gov?t Code 6551.074 for purposes of deliberating the agpointment, employment, compensation. evaluation, reassignment, duties, disciplimr dismissal of a public of?cer or employee, more speci?cally. Employee Position: Legislative Liaison, Blake Farenthold. As authorized bv Tex. Gov?t Code 6551.072 for the purpose of deliberating the onrchamj real property. if the deliberation in an open meeting would have a detrimental effect on the position of the governmental bodv in; negotiations with a third person; Ly 17 Board Chair Randy L. Boyd announced that as As Authorized by Tex. Gov?t Code ?55 1.071 for purposed of conferring with the Boards legal counsel regarding: ?551.07l (1) (A): pending andl?or contemplated litigation, Cause No. Victoria Advocate Publishing Co. v. Calhoun Port Authority, In the m_ Judicial District Court of Calhoun County, Texas; and. ?551.071 (2): To seek advice from its attorney. As Authorized by Tex. Gov?t Code ?551.0?4 for purposes of deliberating the appointment, employment, compensation, evaluation, reassignment, duties, discipline or dismissal of a public of?cer or employee, more speci?cally, Employee Position: Legislative Liaison, Blake As authorized by Tex. Gov?t Code {3551.072 for the purpose of deliberating the purchase of real property, if the deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Board Chair Randy L. Boyd also announced that the closed portion of this meeting would probably be conducted in 2 sessions with the Board returning to open session after the initial brie?ng on the law suit and to seek advice from its attorney and the board would return to closed session to seek advice from its attorney, discuss the posted personnel matter and real estate matter after agenda item 4 is discussed and any necessary action is taken. Further that, ?No action or consensus would be taken in closed session? The Board convened in Closed Session at 4:32 pm. Agenda Item No. 3: Return to OPEN SESSION and take any action deemed necessary based upon discussion in closed meeting. The Board recessed the Closed Session at 5:53 pm. am. Board Chair Randy L, Boyd announced that ?No action or consensus had been taken in closed session?. Agenda Item No. 4: Discuss and take any action necessary on amending the District?s Employee Policy and Procedure Manual. Pursuant to further review and discussion, a motion was made by Board Member I. C. Matcher, Jr. to amend the Employee Policy and Procedure Manual to state that the hiring of the person ?lling the position of the legislative liaison must be approved by Board action. The motion was seconded by Board Member Tony Holladay and the motion carried with Board Members I. C. Matcher, 51:, Tony Holladay, Aron Luna and H. C. Wehmeyer, .T r. voting for the motion and Board Members Randy L. Boyd and Dell R. Weathersby voting against the motion. Agenda Item No. 2: Closed Session: As Authorized by Tex. Gov?t Code $551.07} for purposed of conferring with the Boards legal counsel regarding: 8551.071 (1) (A): pending andlor contemplated litigation. Cause No. Victoria Advocate Publishing Co. v. Calhoun Port Authority, In the Judicial District Court of Calhoun Goring, Texas; and. 8551.071 To seek advice from its As Authorized by Tex. Gov?t Code $551374 for purposes of deliberating the annointm?, employment, compensation, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, more speci?cally, Employee Position: Legislative Liaison, Blake Farenthold. 18 As authorized by Tex. Gov?t Code 8551.072 for the purpose of deliberating the purchase of real property. if the deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Board Chair Randy L. Boyd announced that as As Authorized by Tex. Gov?t Code ?551.071 for purposed of conferring with the Boards legal counsel regarding: {3551.071 (1) (A): pending andfor contemplated litigation, Cause No. Victoria Advocate Publishing Co. v. Calhoun Port Authority, in the Judicial District Court of Calhoun County, Texas; and. ?55 1.071 (2): To seek advice from its attorney. As Authorized by Tex. Gov?t Code ?551.074 for purposes of deliberating the appointment, employment, compensation, evaluation, reassignment, duties, discipline or dismissal of a public of?cer or employee, more speci?cally, Employee Position: Legislative Liaison, Blake Farenthold. As authorized by Tex. Gov?t Code ?551.072 for the purpose of deliberating the purchase of real property, if the deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Further that, ?No action or consensus would be taken in closed session? The Board re?convened in Closed Session at 5:59 pm. Agenda Item No. 3: Return to OPEN SESSION and take any action deemed necessary based anon discussion in closed meeting. The Board recessed the Closed Session at 6:15 pm. am. Board Chair Randy L. Boyd announced that ?No action or consensus had been taken in closed session?. Pursuant to ?irther review and discussion, a motion was made by Board Member J. C. Melcher, Jr. to terminate Blake Farenthoid in the position of the Legislative Liaison. The motion was seconded by Board Member Tony Holiaday. Board Members I. C. Melcher, Tony Holladay and Aron Luna voted in faVor of the motion and Board Members Randy Boyd, H. C. Wehmeyer, Jr. and Dell Weathersby voted against the motion. The motion faiied with a 3-3 tie and Mr. Blake Farenthold remains in the position of Legislative Liaison. Agenda Item No. 6: Adioum. There being no further business to be brought before the Board, a motion was duly made that the meeting be declared adjourned at 6: 16 pm. on Thursda 24, 2018. ?9/25 . Randy L. Boyd, Board Chair ATTEST: any/gamed. H. C. Wehmeyer, In?oardv?ecretary