Regular Meeting - 7631- April 28, 2014

Minutes of the Regular Meeting of the Board of Commissioners of the Lake Charles Harbor and Terminal District held at 5:00 P.M., Monday, April 28, 2014 in the Board Room of the Port of Lake Charles located at 751 Bayou Pines, Suite A, Lake Charles, Louisiana.

In attendance and constituting a quorum, were:

John L. LeBlanc, President

Elcie J. Guillory, Vice President

Barbara M. McManus, Secretary/Treasurer

Daryl V. Burckel, Assistant Secretary/Treasurer

Dudley R. Dixon, Commissioner

Walter M. Sanchez, Commissioner

Absent:

Michael G. Eason, Commissioner

Also Present:

Bill Rase, Executive Director

Louis Colletta, Assistant General Counsel

Richert Self, Director of Administration and Finance

Channing Hayden, Director of Navigation/ Security

Todd Henderson, Director of Operations

Dan Loughney, Director of Marketing and Trade Development

Donald Brinkman, Director of Engineering, Maintenance and Development

Michelle Bolen, Executive Administrative Assistant

Mr. LeBlanc called the meeting to order at 5:00 P.M. and asked Dr. Burckel to give the invocation. Mr. Guillory led the Board and audience in the Pledge of Allegiance.

Mr. LeBlanc made a statement reminding the Public of the Port’s procedure for the Public to address an agenda item to the Board.

Mr. LeBlanc stated that before they begin with the agenda items there were two items to add to the agenda. The Board will need to consider authorizing the filing of a bond validation proceeding with the Fourteenth Judicial District Court, Parish of Calcasieu, or other appropriate courts to validate the issuance and structure of any bonds previously issued or to be issued by the District on behalf of or for the benefit of Lake Charles Clean Energy, LLC or Lake Charles Cogeneration, LLC, which are to be used for the financing of the related petroleum gasification LCCE project. The Board will also need to consider adding to the agenda authorizing a Letter of Intent with ENN Group.

Both items need a unanimous vote to be added to the agenda. Mr. LeBlanc asked for a motion to add these two items to the agenda. Ms. McManus offered a motion to add the two items to the agenda. Mr. Dixon seconded the motion and it carried unanimously. The two items were added to the agenda.

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1. Approval of the March 24, 2014 Regular Meeting Minutes.

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Mr. Guillory offered a motion to approve the March 24, 2014 Regular Meeting Minutes. Ms. McManus seconded the motion and it carried unanimously.

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2. Submission 2014 – 020 authorizing a Pipeline Servitude Agreement with Enterprise TE Products Pipeline Company, LLC.

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Dr. Burckel offered a motion to adopt Resolution 2014 – 020 to authorize a Pipeline Servitude Agreement with Enterprise TE Products Pipeline Company, LLC. Ms. McManus seconded the motion and it carried unanimously.

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3. Submission 2014 – 021 authorizing a Pipeline Servitude Agreement with Denbury Gulf Coast Pipelines, LLC.

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Ms. McManus offered a motion to adopt Resolution 2014 – 021 to authorize a Pipeline Servitude Agreement with Denbury Gulf Coast Pipelines, LLC. Mr. Dixon seconded the motion and it carried unanimously.

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4. Administration, Personnel and Audit Committee

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Mr. Sanchez stated the Committee met April 26, 2014 to discuss the Forecast I and the responses to the Louisiana Compliance Questionnaire.

Mr. Sanchez asked Mr. Self to present the Forecast I. Mr. Self presented the Forecast 1. No action was taken on this item.

Mr. Sanchez stated the Committee agreed to recommend to the Board at the April 28, 2014 Regular Meeting to approve Submission 2014 – 022 to authorize the responses to the LA Compliance Questionnaire. Mr. Sanchez stated this was a Committee recommendation so no second was needed. The motion carried unanimously.

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16. Submission 2014 – 023 authorizing the filing of a bond validation proceeding with the Fourteenth Judicial District Court, Parish of Calcasieu, or other appropriate courts to validate the issuance and structure of any bonds previously issued or to be issued by the District on behalf of or for the benefit of Lake Charles Clean Energy, LLC or Lake Charles Cogeneration, LLC, which are to be used for the financing of the related petroleum gasification LCCE project.

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Dr. Burckel offered a motion to adopt Resolution 2014 – 023 to authorize the filing of a bond validation proceeding with the Fourteenth Judicial District Court, Parish of Calcasieu, or other appropriate courts to validate the issuance and structure of any bonds previously issued or to be issued by the District on behalf of or for the benefit of Lake Charles Clean Energy, LLC or Lake Charles Cogeneration, LLC, which are to be used for the financing of the related petroleum gasification LCCE project. Ms. McManus seconded the motion and it carried unanimously.

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17. Submission 2014 – 024 authorizing a Letter of Intent with ENN Group.

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Ms. McManus offered a motion to adopt Resolution 2014 – 024 to authorize a Letter of Intent with ENN Group. Dr. Burckel seconded the motion and it carried unanimously.

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5. Beneficial environmental Projects Briefing Note

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The Briefing Note concerning the Beneficial Environment Projects was rendered to the Board and is on file in the Executive Offices.

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6. Forecast I Briefing Note

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The Briefing Note concerning the District’s Forecast I was rendered to the Board and is on file in the Executive Offices.

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7. Monthly Staff report from Director of Administration and Finance.

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The Director of Administration and Finance’s Monthly Staff Report was rendered to the Board and is on file in the Executive Offices.

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8. Monthly Staff report from Director of Navigation and Security.

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The Director of Navigation and Security’s Monthly Staff Report was rendered to the Board and is on file in the Executive Offices.

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9. Monthly Staff report from Director of Operations.

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The Director of Operations’ Monthly Staff Report was rendered to the Board and is on file in the Executive Offices.

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10. Monthly Staff report from Director of Marketing and Trade Development.

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The Director of Marketing and Trade Development’s Monthly Staff Report was rendered to the Board and is on file in the Executive Offices.

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11. Monthly Staff report from Director of Engineering, Maintenance, and Development.

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The Director of Engineering, Maintenance, and Development’s Monthly Staff Report was rendered to the Board and is on file in the Executive Offices.

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12. Monthly Staff report from the State Port Lobbyist.

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The State Port Lobbyist’s Monthly Staff Report was rendered to the Board and is on file in the Executive Offices.

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13. Monthly Staff report from the National Port Lobbyist.

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The National Port Lobbyist’s Monthly Staff Report was rendered to the Board and is on file in the Executive Offices.

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14. Executive Session.

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Ø  Suit filed by Lake Charles Stevedores and Tom Flanagan as owner against the Port of Lake Charles – Suit No. 2013-001091.

Mr. LeBlanc asked for a motion to enter into Executive Session. Dr. Burckel offered a motion to enter into Executive Session. Ms. McManus seconded the motion and it carried unanimously. The Board entered into Executive Session at 5:26 p.m.

The Board returned from Executive Session at 5:52 p.m. No action was taken in Executive Session.

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15. Other Matters which may properly come before the Board.

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There being no further business to come before the Board, Mr. LeBlanc asked for a motion to adjourn. Dr. Burckel offered a motion to adjourn. Ms. McManus seconded the motion and it carried unanimously. The meeting adjourned at 5:52 p.m.

All discussions held on the above items were recorded on Compact Disc Number 1, and filed in the Executive Offices of the District.

Please note that when the votes are shown as unanimous, it is the policy of the Board that the President does not vote except in the event of a tie vote by the rest of the Board and/or unless otherwise indicated.

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JOHN L. LEBLANC, President

ATTEST:

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BARBARA M. MCMANUS, Secretary/ Treasurer