Kim M. Toups, Secretary. The Prayer was led by Council Member Burt and Pledge of Allegiance was recited.

Transcription

1 Minutes of a meeting of the Plaquemines Parish Council, as the Sole Governing Authority of the Plaquemines Port, Harbor & Terminal District, held in the Percy Griffin Community Center, Highway 15, Davant, Louisiana, on Thursday, February 23, 2017, at 1:10 p.m., pursuant to notice to all members with a quorum present as follows: PRESENT: Council Member W. Beau Black, Chairman Council Member John L. Barthelemy, Jr. Council Member Kirk M. Lepine Council Member Irvin Juneau Council Member Benedict Rousselle Council Member Charlie Burt Council Member Audrey Trufant-Salvant Council Member Jeff Edgecombe Council Member Nicole Williams Kim M. Toups, Secretary ABSENT: None The Prayer was led by Council Member Burt and Pledge of Allegiance was recited. General Sandy Sanders, Christie Nielsen, Chambrel Riley and Donald Durr were present to represent the Port. Council Member Black moved to Item 3, Status Report by the Executive Port Director, without objection, so ordered. General Sanders stated that the 2017 Port Budget Books are being delivered to all Council Members, the Libraries and placed on the Port s website. General Sanders gave a briefing on Baptiste Collette as follows: A meeting was had with Colonel Clancy of the N.O. Corps of Engineers and advised him about the upcoming meeting at the Corps headquarters in Washington, DC regarding the dredging of Baptiste Collette. The Colonel was familiar with the project and supports it. General Sanders discussed his trip to Washington, DC where he was joined by Council Members Burt and Williams as well as Mr. Larry Lynot, Mr. George Pivach and Mr. David St. Marie to discuss the dredging of Baptiste Collette. The analysis of the project has been completed by HNTB. President Cormier will provide a letter to be attached to the package which will then be sent to the headquarters. There was also a meeting with Senators Scalise, Cassidy and Kennedy who attended the meetings and were also familiar with the Baptist Collette project. The Senators recognized the importance of the Port in Plaquemines Parish and servicing the eastern Gulf and Louisiana. General Sanders also stated that the Baptiste Collette project met all the criteria to be a pilot program of the Corps and obtained support from our Senators. General Sanders met with the CEOs of Venture Global who selected Louisiana due to local policy, state policies and by locating on the river allowing them to lower their costs. Council Members Burt and Williams also expressed their encouragement after meeting with our federal delegations and the positive support received by them. General Sanders also met with Governor John Bel Edwards as well as representatives from south Louisiana Ports, LED, DOTD, Intermodal, CPRA and an appointee of President Trump. They discussed the top 21 infrastructure projects that would bring the biggest impact for commerce in the U.S. and the deepening of the lower Mississippi River was number 7 on the list. Working with Michael Sussman, engineer and rail consultant doing work for the Port of N.O. who is looking at purchasing the N.O. Public Belt Rail Road. He wants to visit the Port in March to see all the projects we are working on. Had a second meeting with the Port of Lincoln and would like to be the port of our northern terminus. Also talking with several ports that will aggregate with the Port of Lincoln for importing and exporting via the Mississippi River. Received 18 responses for the Deputy Port Director position, six of which are in the greater New Orleans area. The Zoning board met and voted to change the zoning for the Port Property to I-3.

2 Council Member Black commended the delegation in their recent trip to Washington and the work done on the Baptist Collette program. Council Member Barthelemy also asked General Sanders about what type of skills local residents would need to compete for jobs at the Port. General Sanders stated that they have been reaching out to local schools, junior colleges, etc. regarding programs that can be provided. He also stated that some businesses have been reaching out to assist. Council Member Black also expressed a concern with the deepening of the lower Mississippi River allowing salt water intrusion and possible impacts to the Parish and our water systems. Council Member Rousselle asked if the BUDMAP program is ready for the Corps to be able to move forward and Mr. L.V. Cooley of the legal department stated that everything was in place. Council Member Black reverted back to Agenda Item 2, Executive Session, without objection, so ordered. R E S O L U T I O N NO On motion of Council Member Black, seconded by Council Member Williams, and on roll call all members present and voting AYES@, the following Resolution was adopted: BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PARISH PORT, HARBOR AND TERMINAL DISTRICT THAT it hereby resolves itself into Executive Session at 1:37 p.m. for the purpose of hearing a report and recommendations and strategy advice for the management of litigation from its attorney concerning: Expropriation of Property of either Carolyn or Frank Willhoft, Jr., Alexis Marine, LLC or Michael Alexis-Attorney Ken Rathburn. BE IT FURTHER RESOLVED BY THE PLAQUEMINES PARISH COUNCIL AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PARISH PORT, HARBOR AND TERMINAL DISTRICT THAT it hereby came out of Executive Session at 2:40 p.m. with no final or binding action taken. There being no Bids and Advertisements, Council Member Black moved to Item 5, Introduction of Ordinances and Resolutions, without objection so ordered. There being none, Council Member Black advanced to Item 6b. ORDINANCE NO The following Ordinance was offered by Council Member Black who moved its adoption: An Ordinance approving that certain Purchase Agreement, dated October 13, 2016, executed and subject to Council approval, and authorizing and directing Maynard Sanders, Executive Director of the Plaquemines Port Harbor & Terminal District to purchase certain land owned by Carolyn and Frederick Willhoft, Jr.; and otherwise to provide with respect thereto. WHEREAS, Carolyn and Frederick Willhoft, Jr. are the owners of property contiguous to the properties being acquired by the Plaquemines Port, Harbor and Terminal District; and WHEREAS, the Plaquemines Parish Council as the sole governing authority of the Plaquemines Port Harbor, and Terminal District desires to allow Plaquemines Port, Harbor and Terminal District, through Maynard Sanders, Executive Director to purchase that land, more fully described in attached Exhibit A, and currently owned by Carolyn and Frederick Willhoft, Jr.; and WHEREAS, formal appraisals of the subject properties, currently owned by Carolyn and Frederick Willhoft, Jr., have been conducted; and WHEREAS, the purchase price, as reflected in the Purchase Agreement, and its exhibits, a copy of which is attached in globo as Exhibit B, and which is subject to Council approval before becoming effective, shall be for Four Hundred Thousand and no/100 DOLLARS ($400,000.00),

3 the fair market value for the property, as reflected in the appraisal for the Property as described on Exhibit A; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL, AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR AND TEMINAL DISTRICT, THAT: SECTION 1 It hereby approves the Purchase Agreement dated October 13, 2016, and executed by Maynard Sandy Sanders, Executive Director (the Executive Director ) of the Plaquemines Port, Harbor and Terminal District, and hereby authorizes and directs the Executive Director to purchase the lands owned by Carolyn and Frederick Willhoft, Jr., as more fully described in attached Exhibit A, for Four Hundred Thousand and no/100 DOLLARS ($400,000.00). SECTION 2 The Plaquemines Port, Harbor and Terminal District Year Capital Improvement Budget is hereby amended by appropriating $400,000 for the purchase, and real estate closing costs, of the Carolyn and Frederick Willhoft, Jr. Property project from the Port Land Fund. SECTION 3 The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Port employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Edgecombe seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members John L. Barthelemy, W. Beau Black, Kirk M. Lepine, Irvin Juneau, Benedict Rousselle, Charlie Burt, Audrey Trufant-Salvant, Jeff Edgecombe and Nicole Williams NAYS: None ABSENT: None PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 23 rd day of February, Council Member Black reverted to Item 6a(2) and offered with changes: A discussion was had regarding this property. ORDINANCE NO. 17- The following Ordinance was offered by Council Member Black who moved its adoption: An Ordinance authorizing and directing Maynard Sanders, Executive Director of the Plaquemines Port, Harbor & Terminal District (the Port ) to have the Port s legal counsel file a petition pursuant to the Louisiana Constitution, La. R.S. 19:2.1 19:16, all other applicable laws, and to expropriate that certain land, owned by Carolyn and Frederick Willhoft, Jr., or their successor(s) in title, which property is commonly referred to as LOT B-1, and which plat of survey is attached to a resubdivision of a portion of Section 21, Township 17 South, Range 23 East, with

4 the more formal legal description of said property attached hereto as Exhibit A ; and otherwise to provide with respect thereto. WHEREAS, Carolyn and Frederick Willhoft, Jr. are, at the time of introduction of this ordinance believed to be the owners of property (the Property ), contiguous to certain properties acquired by the Plaquemines Port, Harbor and Terminal District; and WHEREAS, the Plaquemines Parish Council as the sole governing authority of the Plaquemines Port, Harbor and Terminal District seeks to authorize and direct Plaquemines Port, Harbor and Terminal District, through Maynard Sanders, Executive Director to have its legal counsel file the appropriate suit, pursuant to the Louisiana Constitution, La. R.S. 19:2.1 19:16, all other applicable laws, and to expropriate, the Property, more fully described in attached Exhibit A, and which is currently owned by Carolyn and Frederick Willhoft, Jr., or their successor(s) in title thereto; and WHEREAS, a formal appraisal of the Property, currently owned by Carolyn and Frederick Willhoft, Jr., or their successor in title, has been conducted; and WHEREAS, the appraised value of the Property is Four Hundred Thousand and no/100 DOLLARS ($400,000.00), which is the fair market value for the Property; and WHEREAS, the expropriation of said Property is both necessary and useful for the purposes for which the Port was created; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL, AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR AND TERMINAL DISTRICT THAT: SECTION 1 The Plaquemines Parish Council, as the sole governing authority of the Plaquemines Port, Harbor and Terminal District, hereby declares, as required by law, that the taking of said Property is both necessary and useful for the purposes for which the Port was created, namely, but not necessarily limited to the following public purposes: (1) in order to induce and encourage the location of industrial enterprises within the Port s District, which is co-extensive with the boundary lines of Plaquemines Parish, and which would have a positive economic impact upon the Port, Plaquemines Parish, and thereby the State of Louisiana; (2) to provide for the establishing and furnishing of such industrial plant, and (3) to facilitate the operation of Plaquemines Port, Harbor and Terminal District. SECTION 2 The Plaquemines Parish Council, as the sole governing authority of the Plaquemines Port, Harbor and Terminal District, hereby authorizes and directs Maynard Sanders, Executive Director of the Plaquemines Port Harbor & Terminal District (the Port ) to have the Port s legal counsel file a petition pursuant to the Louisiana Constitution, La. R.S. 19:2.1 19:16, all other applicable laws, and to expropriate that certain property (the Property ), owned by Carolyn and Frederick Willhoft, Jr., or their successor(s) in title, which Property is commonly referred to as LOT B-1, and which plat of survey is attached to a resubdivision of a portion of Section 21, Township 17 South, Range 23 East, with the more formal legal description of said Property attached hereto as Exhibit A, for Four Hundred Thousand and no/100 DOLLARS ($400,000.00). SECTION 3 The Plaquemines Port, Harbor and Terminal District 2017, 5 Year Capital Improvement Budget is hereby amended by appropriating $410,000 for the expropriation, and any expropriation costs, including the hiring of consultants required by law, and litigation costs, other than legal fees, of the Property, from the Port Land Fund. SECTION 4

5 The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Port employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. ORDINANCE NO The following Ordinance was offered by Council Member Black who moved its adoption: An Ordinance authorizing and directing Maynard Sanders, Executive Director of the Plaquemines Port, Harbor & Terminal District (the Port ) to have the Port s legal counsel file a petition pursuant to the Louisiana Constitution, La. R.S. 19:2.1, et seq., as well as all other applicable laws, and to expropriate via a taking, that certain land, owned by Carolyn and Frederick Willhoft, Jr., or their successor(s) in title, which property is commonly referred to as LOT B-1, and which plat of survey is attached to a resubdivision of a portion of Section 21, Township 17 South, Range 23 East, with the more formal legal description of said property attached hereto as Exhibit A ; and otherwise to provide with respect thereto. WHEREAS, Carolyn and Frederick Willhoft, Jr. are, at the time of introduction of this ordinance believed to be the owners of property (the Property ), contiguous to certain properties acquired by the Plaquemines Port, Harbor and Terminal District; and WHEREAS, the Plaquemines Parish Council as the sole governing authority of the Plaquemines Port, Harbor and Terminal District seeks to authorize and direct Plaquemines Port, Harbor and Terminal District, through Maynard Sanders, Executive Director to have its legal counsel file the appropriate suit, pursuant to the Louisiana Constitution, La. R.S. 19:2.1, et seq., as well as all other applicable laws, and to expropriate, via a taking, the Property, more fully described in attached Exhibit A, and which is currently owned by Carolyn and Frederick Willhoft, Jr., or their successor(s) in title thereto; and WHEREAS, a formal appraisal of the Property, currently owned by Carolyn and Frederick Willhoft, Jr., or their successor in title, has been conducted; and WHEREAS, the appraised value of the Property for expropriation purposes is being determined; and WHEREAS, the taking of said Property is both necessary and useful for the purposes for which the Port was created; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL, AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR AND TERMINAL DISTRICT, THAT: SECTION 1 The Plaquemines Parish Council, as the sole governing authority of the Plaquemines Port, Harbor and Terminal District, hereby declares, as required by law, that the taking of said Property is both necessary and useful for the purposes for which the Port was created, namely, but not necessarily limited to the following public purposes: (1) in order to induce and encourage the location of industrial enterprises within the Port s District, which is co-extensive with the boundary lines of Plaquemines Parish, and which would have a positive economic impact upon the Port, Plaquemines Parish, and thereby the State of Louisiana; (2) to provide for the establishing and furnishing of such industrial plant, and (3) to facilitate the operation of Plaquemines Port, Harbor and Terminal District. SECTION 2 The Plaquemines Parish Council, as the sole governing authority of the Plaquemines Port, Harbor and Terminal District, hereby authorizes and directs Maynard Sanders, Executive Director of the

6 Plaquemines Port, Harbor & Terminal District (the Port ) to have the Port s legal counsel file a petition pursuant to the Louisiana Constitution, La. R.S. 19:2.1, et seq., as well as all other applicable laws, and to expropriate via a taking, that certain property (the Property ), owned by Carolyn and Frederick Willhoft, Jr., or their successor(s) in title, which Property is commonly referred to as LOT B-1, and which plat of survey is attached to a resubdivision of a portion of Section 21, Township 17 South, Range 23 East, with the more formal legal description of said Property attached hereto as Exhibit A, for the average of the legally mandated appraisals, not to exceed Four Hundred Fifty Thousand and no/100 DOLLARS ($450,000.00), unless authorized by the Plaquemines Parish Council. SECTION 3 The Plaquemines Port, Harbor and Terminal District Year Capital Improvement Budget is hereby amended by appropriating up to $460,000 for the expropriation, and any expropriation costs, including the hiring of consultants required by law, and litigation costs, other than legal fees, of the Property, from the Port Land Fund. SECTION 4 The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Port employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Williams seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members W. Beau Black, Kirk M. Lepine, Irvin Juneau, Benedict Rousselle, Charlie Burt, Jeff Edgecombe and Nicole Williams NAYS: Council Member John L. Barthelemy ABSENT: None PRESENT BUT NOT VOTING: Council Member Audrey Trufant-Salvant (ABSTAINED) And the Ordinance was adopted on this the 23 rd day of February, Council Member Black withdrew Item 6a(1), An Ordinance authorizing and directing Maynard Sanders, Executive Director of the Plaquemines Port, Harbor & Terminal District (the Port ) to have the Port s legal counsel file a petition pursuant to the Louisiana Constitution, La. R.S. 19:2.1 19:16, all other applicable laws, and to expropriate that certain land, owned by Carolyn and Frederick Willhoft, Jr., or their successor(s) in title, which property is commonly referred to as LOT B-1, and which plat of survey is attached to a resubdivision of a portion of Section 21, Township 17 South, Range 23 East, with the more formal legal description of said property attached hereto as Exhibit A ; and otherwise to provide with respect thereto. R E S O L U T I O N NO On motion of Council Member Black, seconded by Council Member Lepine, and on roll call all members present and voting YES, the following Resolution was adopted: A Resolution authorizing Maynard Sandy Sanders, as Executive Director of the Plaquemines Port, Harbor & Terminal District, to enter into a Cooperative Endeavor Agreement with Plaquemines Parish Sheriff s Office granting the authority and provide guidelines for the use of the Mobile Communications Center; and otherwise to provide with respect thereto.

7 WHEREAS, the Plaquemines Port, Harbor & Terminal District has available for use Parish-Wide a Mobile Communications Center; and WHEREAS, the Plaquemines Port, Harbor & Terminal District desires that this Mobile Communications Center be available for Emergency Response throughout the Parish by various Public Agencies; and WHEREAS, Art. VII, Section 14(C) of the Louisiana Constitution of 1974 Provides that for a public purpose, the State and its political subdivisions or political corporations may engage in cooperative endeavors with each other or with any other private association, corporation or individuals; and WHEREAS, the Plaquemines Parish Sheriff s Office would benefit greatly from additional access to the use of the Mobile Command Center for the benefit of all citizens of Plaquemines Parish; BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR & TERMINAL DISTRICT THAT it hereby authorizes Maynard Sandy Sanders to enter into a Cooperative Endeavor Agreement with the Plaquemines Parish Sheriff s Office providing for the additional use of the Mobile Command Center for the good of the Citizenry of Plaquemines Parish by PPSO, in a form substantively consistent with the attached CEA. BE IT FURTHER RESOLVED BY THE PLAQUEMINES PARISH COUNCIL AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR & TERMINAL DISTRICT THAT the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that Port employees and officials are authorized to carry out the purposes of this Resolution, both without further reading and approval by the Plaquemines Parish Council. Council Member Black offered Item 6d which was seconded by Council Member Lepine. After a discussion, Council Member Lepine removed his second. Council Member Rousselle offered the following amendment. R E S O L U T I O N NO. 17- The following Resolution was offered by Council Member Black who moved its adoption: A Resolution authorizing Maynard J. Sandy Sanders, Executive Director of the Plaquemines Port, Harbor & Terminal District to amend and thereafter extend the contract for Professional Services with Dwyer, Cambre and Suffern for the provision of legal counsel; and otherwise to provide with respect thereto. WHEREAS, Resolution No authorized the Port Executive Director to enter into a contract for Professional Services with Dwyer, Cambre & Suffern in order to provide legal counsel and services for a period of one year, ending February 25, 2017; and WHEREAS, the current agreement provides an option to renew for an additional year; and WHEREAS, the Administration of the Plaquemines Port, Harbor & Terminal District is requesting an extension of the current agreement, with amendments, for an additional year; and WHEREAS, Resolution No and authorized the Plaquemines Port, Harbor & Terminal District administration to exceed the cap for professional services to provide legal services. This Council, in an attempt to eliminate contractual cap increases, desires to set the agreement for a period of one year ending on February 25, 2018, not to exceed $75, for Department 2460 (General Operating) and not to exceed $75, for Department 2468 (Land Acquisition Phase II.); and

8 WHEREAS, it is the desire of the Plaquemines Parish Council to contract for professional services regarding general legal work for the Plaquemines Port, Harbor & Terminal District with Dwyer, Cambre & Suffern through February 25, 2018; BE IT RESOLVED, BY THE PLAQUEMINES PARISH COUNCIL AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR & TERMINAL DISTRICT THAT it hereby authorizes Maynard J. Sandy Sanders, Executive Director of the Plaquemines Port Harbor & Terminal District to amend and thereafter extend the current agreement with Dwyer Cambre & Suffern to provide legal services for a period of one year ending on February 25, 2018, not to exceed $75, for Department 2460 (General Operating) and not to exceed $75, for Department 2468 (Land Acquisition Phase II). BE IT FURTHER RESOLVED, BY THE PLAQUEMINES PARISH COUNCIL AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR & TERMINAL DISTRICT THAT the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that Port employees and officials are authorized to carry out the purposes of this Resolution, both without further reading and approval by the Plaquemines Parish Council. MOTION FOR AMENDMENT The following Amendment was offered by Council Member Rousselle to the Resolution entitled: A Resolution authorizing Maynard J. Sandy Sanders, Executive Director of the Plaquemines Port, Harbor & Terminal District to amend and thereafter extend the contract for Professional Services with Dwyer, Cambre and Suffern for the provision of legal counsel; and otherwise to provide with respect thereto. : On lines 22 and 37 the figure of $75,000 is replaced by $25,000. Council Member Trufant-Salvant seconded the motion. The foregoing motion having been submitted to a vote, the vote resulted as follows: YEAS: Council Members John L. Barthelemy, Jr., W. Beau Black, Irvin Juneau, Benedict Rousselle and Audrey Trufant-Salvant NAYS: Council Members Kirk M. Lepine, Charlie Burt, Jeff Edgecombe and Nicole Williams ABSENT: None PRESENT BUT NOT VOTING: None And the motion was adopted on this the 23 rd day of February, R E S O L U T I O N NO On motion of Council Member Black, seconded by Council Member Lepine and on roll call all members present and voting YES, the following Resolution was adopted: A Resolution authorizing Maynard J. Sandy Sanders, Executive Director of the Plaquemines Port, Harbor & Terminal District to amend and thereafter extend the contract for Professional Services with Dwyer, Cambre and Suffern for the provision of legal counsel; and otherwise to provide with respect thereto. WHEREAS, Resolution No authorized the Port Executive Director to enter into a contract for Professional Services with Dwyer, Cambre & Suffern in order to provide legal counsel and services for a period of one year, ending February 25, 2017; and WHEREAS, the current agreement provides an option to renew for an additional year; and

9 WHEREAS, the Administration of the Plaquemines Port, Harbor & Terminal District is requesting an extension of the current agreement, with amendments, for an additional year; and WHEREAS, Resolution No and authorized the Plaquemines Port, Harbor & Terminal District administration to exceed the cap for professional services to provide legal services. This Council, in an attempt to eliminate contractual cap increases, desires to set the agreement for a period of one year ending on February 25, 2018, not to exceed $25, for Department 2460 (General Operating) and not to exceed $75, for Department 2468 (Land Acquisition Phase II.); and WHEREAS, it is the desire of the Plaquemines Parish Council to contract for professional services regarding general legal work for the Plaquemines Port, Harbor & Terminal District with Dwyer, Cambre & Suffern through February 25, 2018; BE IT RESOLVED, BY THE PLAQUEMINES PARISH COUNCIL AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR & TERMINAL DISTRICT THAT it hereby authorizes Maynard J. Sandy Sanders, Executive Director of the Plaquemines Port Harbor & Terminal District to amend and thereafter extend the current agreement with Dwyer Cambre & Suffern to provide legal services for a period of one year ending on February 25, 2018, not to exceed $25, for Department 2460 (General Operating) and not to exceed $75, for Department 2468 (Land Acquisition Phase II). BE IT FURTHER RESOLVED, BY THE PLAQUEMINES PARISH COUNCIL AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR & TERMINAL DISTRICT THAT the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that Port employees and officials are authorized to carry out the purposes of this Resolution, both without further reading and approval by the Plaquemines Parish Council. Council Member Black moved to Item 7, New Business. Under Item 7b, Update on U.S. Consultants without objection, so ordered. Council Member Rousselle advised that the contract was cancelled. Council Member Black moved to Item 7b, Discussion regarding Container Port. Mr. Mickey McCarthy requested that this be deferred. Council Member Black moved to Item 8, Approval of the January 26, 2017 meeting minutes and the February 9, 2017 special meeting minutes. Without objection, so ordered. R E S O L U T I O N NO On motion of Council Member Rousselle, seconded by Council Member Juneau, and on roll call all members present and voting YES, the following Resolution was adopted: BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL, AS THE SOLE GOVERNING AUTHORITY OF THE PLAQUEMINES PORT, HARBOR & TERMINAL DISTRICT THAT it hereby approves the minutes of the January 26, 2017 meeting and February 9, 2017 special meeting as recorded by the Secretary of this Council. There being no further business to come before this Council, on motion of Council Member Edgecombe, seconded by Council Member Lepine, and on roll call all members present and voting Yes, the meeting adjourned at 3:53 p.m. Chairman Assistant Secretary

10 Minutes of a meeting of the Plaquemines Parish Council held in the Percy Griffin Community Center, Highway 15, Davant, Louisiana, on Thursday, February 23, 2017, at 4:05 p.m., pursuant to notice to all members with a quorum present as follows: PRESENT: Council Member John L. Barthelemy, Jr., Chairman Council Member W. Beau Black Council Member Kirk M. Lepine Council Member Irvin Juneau Council Member Benedict Rousselle Council Member Charlie Burt Council Member Audrey Trufant-Salvant Council Member Jeff Edgecombe Council Member Nicole Williams Kim M. Toups, Secretary ABSENT: None The Prayer and Pledge of Allegiance was dispensed with. President Cormier, Michael Jiles, Director of Public Service and Stanley Wallace, Director of Operations were present representing the Administration. Council Member Barthelemy asked for deferrals and withdrawals: Council Member Black deferred Item 6b, A Resolution to approve a Cooperative Endeavor Agreement between the Plaquemines Parish Government (PPG), the Plaquemines Parish Law Enforcement District (PPLED) and the Plaquemines Port Harbor and Terminal District (PPHTD) to lease a certain portion of ground within the Plaquemines Parish Government Complex located at 333 F. Edward Hebert Blvd, Belle Chasse, LA approximately acres further illustrated in Exhibit A, to the PPLED for a term of ninety-nine (99) years for one ($1.00) dollar a year; and otherwise to provide with respect thereto. Council Member Lepine deferred Item 1a(3), Update on litigation concerning possible misuse of public funds and corresponding reimbursement claims., and withdrew Item 6c, An Ordinance to amend the 2017 General Fund, Manpower Structure and Operating Expenditure Budget, District Attorney Department; and otherwise to provide with respect thereto. Item 6c was withdrawn, An Ordinance to amend the 2017 General Fund, Manpower Structure and Operating Expenditure Budget, District Attorney Department; and otherwise to provide with respect thereto. Council Member Rousselle deferred Items 6w, An Ordinance to amend the 2017 Public Health Fund, Operating Expenditure Budget, Mosquito Control Department; and otherwise to provide with respect thereto. ; Item 6x, An Ordinance authorizing an emergency exception to the hiring freeze currently enacted on all vacant positions of Plaquemines Parish Government; to amend the 2017 Public Health Fund, Manpower Structure and Operating Expenditure Budget, Mosquito Control Department; and otherwise to provide with respect thereto. ; and Item 7j, Discussion and presentation by the Administration regarding the status of the Flood Insurance Program in Plaquemines Parish. Council Member Williams withdrew Item 6v, A Resolution authorizing the Parish President, or his designee, to offer the commercial lease of Lot C of the Buras Boat Harbor; and to negotiate, sign, execute and enforce a commercial Lease Agreement, between the Plaquemines Parish Government and the highest competitive and responsive bidder; and otherwise to provide with respect thereto. Council Member Barthelemy deferred Item 6g, A Resolution authorizing the Parish President or his designee to do all things necessary and proper to negotiate an Economic Development Agreement with ShrimpMan Brand LLC to establish a minority owned and controlled seafood processing facility on Plaquemines Parish Owned property located on the East Bank of the Parish, and to report to the Plaquemine Parish Council for approval; and otherwise to provide with respect thereto ; and Item 6d, An Ordinance to amend the Five Year Capital Improvements Plan for the Highway 15 Overlay Project; and otherwise to provide with respect thereto.

11 Council Member Barthelemy moved to Item 1a, Executive Session. Without objection, so ordered. Council Member Barthelemy offered a Motion for Suspension of the Rules to add an item to the agenda entitled, Rebecca Espadron v. John J. Banquer, 25 th JDC, Case No , Division-B. MOTION FOR SUSPENSION OF RULES Council Member Barthelemy offered a Motion for Suspension of the Rules to add an item to the agenda entitled, Rebecca Espadron v. John J. Banquer, 25 th JDC, Case No , Division-B. Council Member Black seconded the motion. There being no objection to the suspension, the motion was passed. R E S O L U T I O N NO On motion of Council Member Barthelemy, seconded by Council Member Edgecombe, and on roll call all members present and voting AYES@, the following Resolution was adopted: BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby resolves itself into Executive Session at 4:11 p.m. for the purpose of hearing a report and recommendations and strategy advice for the management of litigation from its attorney concerning: Ashley Bourdeau v. Plaquemines Parish Government, No , Division "A"; Paula C. Dove vs. Plaquemines Parish Civil Service Department, Docket No , Plaquemines Parish Civil Service Commission; Rebecca Espadron v. John J. Banquer, 25 th JDC, Case No , Division B. BE IT FURTHER RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby came out of Executive Session at 4:36 p.m. with no final or binding action taken. Council Member Barthelemy moved to Item 7n, Discussion regarding Avenue F Land Acquisition Project. Without objection, so ordered. Mr. L.V. Cooley, attorney for Plaquemines Parish updated the Council on the project. He stated that this project was funded by a grant and therefore, the land could not be expropriated. He said that the Corps of Engineers is ready to issue the permit on the project. He explained how the pipeline goes through the batture. Plaquemines Parish Government and Plaquemines Port both currently lease the property. Currently the Parish is not in compliance with the discharging into the River and can be fined daily. If the Parish expropriates the land, we would not receive the funding from the grant towards the project. Mr. Ken Dugas, Plaquemines Engineer stated that there could be grant dollars available to use towards the purchase of the property. President Cormier requested a copy of the grant language to review. Council Member Williams asked that it be sent to the Council Members also. There being no Proclamations, Council Member Barthelemy moved to Item 1c, Status Report by the Parish President. President Cormier stated he was in attendance at the meeting the Port had with Colonel Clancy of the Corps. Their discussion focused on levee improvements and flood protection. He also stated that in their meeting, the Corps will be releasing about $400,000 of reimbursements due to the Parish. Mr. Cormier advised that the bill did not include Baptiste Collette project but did include the deepening of the Mississippi River. He also referenced an agreement with the Corps to assist in alleviating the possibility of salt water intrusion into our water system. President Cormier stated that Charles Ballay, District Attorney for the Parish is suing (a mandamus) the Parish Government, to sign a contract for over $3.2 million for a new construction project for another building. An update of the BP litigation was given. Plaquemines Parish is one of three entities still in litigation. Attended meetings in Washington, DC and discussed the collection of $39.9 million in FEMA account receivables due to Plaquemines according to the Parish s auditors. The 2017 budget eliminated lobbyist funds but with the help of Ms. Perez from Senator Cassidy s office meetings were set up with FEMA officials. There were discussions

12 regarding the money owed to the Parish from Hurricane Katrina. Senator Cassidy s office demanded a monthly report from FEMA and will also be working with Senator Kennedy s office to help recover these funds. President Cormier discussed showed a power point slide showing the loss of employees from 732 in 2011 to 417 employees in His concern is the mosquito season, grass growing and hurricane season. He asked the Council to help provide funding for services. Warren Lawrence asked Mr. Cormier what the breakdown of classified vs. unclassified were. Mr. Cormier stated he would have to get back with that information. Mr. Lawrence then asked about a letter sent to commercial businesses stating a backflow preventer had to be installed (if not already done so) and tested. Mr. Jiles stated that the State is mandating businesses have these. Council Member Black asked how many employees are needed to inspect these businesses for backflow preventers. Mr. Morgan with Severn Trent stated most of the commercial businesses have them and most of the people receiving the letters have businesses in their homes and do not require one. There being no Bids and Advertisements, Council Member Barthelemy moved to Item 3, Beer and Liquor Licenses. Without objection, so ordered. R E S O L U T I O N NO On motion of Council Member Williams, seconded by Council Member Edgecombe, and on roll call all members present and voting Yes, the following Resolution was adopted: BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby issues a special event/temporary beer and liquor license to Kathryn Carter for the Boothville-Venice Volunteer Fire Department fund raiser to be held on April 24, 2017, from 11:00 a.m. until 5:00 p.m. at Highway 11, Buras, Louisiana. BE IT FURTHER RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT certified copies of this Resolution be forwarded to Sheriff Gerald A. Turlich, Jr., and the Plaquemines Parish Health Department as notice of approval of application for permit. Council Member Barthelemy moved to Item 4, Building Permits. Without objection, so ordered. R E S O L U T I O N NO On motion of Council Member Barthelemy, seconded by Council Member Edgecombe, and on roll call all members present and voting AYES@, except Council Member Black who ABSTAINED, the following Resolution was adopted: BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT the following application for construction permit in the Parish of Plaquemines is hereby approved: LLOX, LLC, Application No , dated November 16, 2016, install pile clusters, drill the S.L SWD No. 1, install well head protector and 4-inch pipeline, Main Pass Area, Revised, Block 23. R E S O L U T I O N NO On motion of Council Member Burt, seconded by Council Member Barthelemy, and on roll call all members present and voting AYES@, except Council Member Black who ABSTAINED, the following Resolution was adopted:

13 BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT the following application for construction permit in the Parish of Plaquemines is hereby approved: Chevron Oronite, Application No , dated November 22, 2016, install sixty-four 12-inch steel pipe piles, Chevron Oronite Plant, Belle Chasse. R E S O L U T I O N NO On motion of Council Member Edgecombe, seconded by Council Member Barthelemy, and on roll call all members present and voting AYES@, except Council Member Black who ABSTAINED, the following Resolution was adopted: BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT the following application for construction permit in the Parish of Plaquemines is hereby approved: Lavaca River Operating Company, LLC, Application No , dated December 13, 2016, install 4-inch pipeline, Empire Area. R E S O L U T I O N NO On motion of Council Member Trufant-Salvant, seconded by Council Member Barthelemy, and on roll call all members present and voting AYES@, except Council Member Edgecombe who PRESENT BUT NOT VOTING, the following Resolution was adopted: BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT the following application for construction permit in the Parish of Plaquemines is hereby approved: Myrtle Grove Waterfront Properties, LLC, Application No , dated February 9, 2017, install a double boat shed, Sandpiper Lane & Audubon Road, Lot #248, Myrtle Grove. R E S O L U T I O N NO On motion of Council Member Rousselle, seconded by Council Member Juneau, and on roll call all members present, and voting YES, the following Resolution was adopted: A Resolution approving the issuance of a special permit to Wholesale Fireworks, Kurt Cavalier for the installation of a fireworks stand renewal on property located in a C-2 (General Commercial) Zoning District at 7614 Highway 23, Belle Chasse, Louisiana, all in accordance with Application No , dated January 3, WHEREAS, Wholesale Fireworks, Kurt Cavalier applied to the Plaquemines Parish Department of Permits, Planning & Zoning (Application No , dated January 3, 2017) for a permit to install a fireworks stand renewal on property located at 7614 Highway 23, Belle Chasse, Louisiana; BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby approves the issuance of a special permit to Wholesale Fireworks, Kurt Cavalier for the installation of a fireworks stand renewal on property located in a C-2 (General Commercial) Zoning District at

14 7614 Highway 23, Belle Chasse, Louisiana, all in accordance with Application No , dated January 3, Council Member Rousselle suggested the Ordinance for fireworks stands be modified to state the applicant must be a resident of the Parish. Council Member Barthelemy moved to take Items 4c, 4d and 4e en globo. Without objection, so ordered. R E S O L U T I O N NO On motion of Council Member Rousselle, seconded by Council Member Juneau, and on roll call all members present and voting YES, the following Resolution was adopted: A Resolution approving the renewal of a fireworks stand permit to Donald Durr, (Duck s Fireworks, Inc.) for the installation of a fireworks stand (renewal) on property located in an I-2 (Light Industrial) Zoning District at 7010 Highway 23, Belle Chasse, Louisiana, all in accordance with Application No , dated January 25, WHEREAS, Donald Durr (Duck s Fireworks, Inc.) applied to the Plaquemines Parish Department of Permits (Application No , dated January 25, 2017) for a permit to install a fireworks stand (renewal) on property located at 7010 Highway 23, Belle Chasse, Louisiana; BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby approves the issuance of a fireworks stand permit to Donald Durr (Duck s Fireworks, Inc.) for the installation of a fireworks stand (renewal) on property located in an I-2 (Light Industrial) Zoning District at 7010 Highway 23, Belle Chasse, Louisiana, all in accordance with Application No , dated January 25, R E S O L U T I O N NO On motion of Council Member Rousselle, seconded by Council Member Juneau, and on roll call all members present and voting YES, the following Resolution was adopted: A Resolution approving the renewal of a fireworks stand permit to Donald Durr (Duck s Fireworks, Inc.) for the installation of a Fireworks Stand (renewal) on property located in a C-2 (General Commercial) Zoning District at 9127 Highway 23, Belle Chasse, Louisiana, all in accordance with Application No , dated January 25, WHEREAS, Donald Durr (Duck s Fireworks, Inc.) applied to the Plaquemines Parish Department of Permits, Application No , dated January 25, 2017, for a permit to install a Fireworks Stand (renewal) on property located at 9127 Highway 23, Belle Chasse, Louisiana; BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby approves the issuance of a fireworks stand permit to Donald Durr (Duck s Fireworks, Inc.) for the installation of a Fireworks Stand (renewal) on property located in a C-2 (General Commercial)

15 Zoning District at 9127 Highway 23, Belle Chasse, Louisiana, all in accordance with Application No , dated January 25, R E S O L U T I O N NO On motion of Council Member Rousselle, seconded by Council Member Juneau, and on roll call all members present and voting YES, the following Resolution was adopted: A Resolution approving the renewal of a fireworks stand permit to Donald Durr (Duck s Fireworks, Inc.) for the installation of a fireworks stand (renewal) on property located in a C-2 (General Commercial) Zoning District at 9590 Highway 23, Belle Chasse, Louisiana, all in accordance with Application No , dated January 25, WHEREAS, Donald Durr (Duck s Fireworks, Inc.) applied to the Plaquemines Parish Department of Permits, Application No , dated January 25, 2017, for a permit to install a fireworks stand (renewal) on property located at 9590 Highway 23, Belle Chasse, Louisiana; BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby approves the issuance of a special permit to Donald Durr (Duck s Fireworks, Inc.) for the installation of a fireworks stand (renewal) on property located in C-2 (General Commercial) Zoning District at 9590 Highway 23, Belle Chasse, Louisiana, all in accordance with Application No , dated January 25, Council Member Barthelemy moved to take Items 4f through 4k, en globo. Without objection, so ordered. R E S O L U T I O N NO On motion of Council Member Burt, seconded by Council Member Barthelemy and on roll call all members present and voting YES, the following Resolution was adopted: A Resolution approving the renewal of a trailer park permit to Charles Whitley for the operation of an existing trailer park (Belle Chasse Mobile Home Park) located in an I-2 (Light Industrial) Zoning District on River Oaks and Burt Drive, Belle Chasse, Louisiana, all in accordance with Application No , dated January 3, WHEREAS, Charles Whitley applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No , dated January 3, 2017) for the renewal of a trailer park permit for the operation of an existing trailer park (Belle Chasse Mobile Home Park) located on River Oaks and Burt Drive, Belle Chasse, Louisiana; BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby approves the issuance for the renewal of a trailer park permit to Charles Whitley for the operation of an existing trailer park (Belle Chasse Mobile Home Park) located in an I-2 (Light Industrial) Zoning District on River Oaks and Burt Drive, Belle Chasse, Louisiana, all in accordance with Application No , dated January 3, 2017.

16 R E S O L U T I O N NO On motion of Council Member Burt, seconded by Council Member Barthelemy and on roll call all members present and voting YES, the following Resolution was adopted: A Resolution approving the renewal of a trailer park permit to Anthony Danos for the operation of an existing trailer park (Danos Rentals, LLC) located in an A-2 (Rural or Agricultural) Zoning District on R.P. Lane, Triumph Louisiana, all in accordance with Application No , dated January 24, WHEREAS, Anthony Danos, applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No , dated January 24, 2017) for the renewal of a trailer park permit for the operation of an existing trailer park (Danos Rentals, LLC) located on R.P. Lane, Triumph, Louisiana; BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby approves the issuance of a trailer park permit to Anthony Danos for the operation of an existing trailer park (Danos Rentals, LLC) located in A-2 (Rural or Agricultural) Zoning District on R.P. Lane, Triumph, Louisiana, all in accordance with Application No , dated January 24, R E S O L U T I O N NO On motion of Council Member Burt, seconded by Council Member Barthelemy and on roll call all members present and voting YES, the following Resolution was adopted: A Resolution approving the renewal of a trailer park permit to Barbara Pokorney for the operation of an existing trailer park (Yellow Cotton Bayside Cabins & RV Park) located in an A-2 (Rural or Agricultural) Zoning District on Nell s Lane, Boothville, Louisiana, all in accordance with Application No , dated January 25, WHEREAS, Barbara Pokorney applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No , dated January 25, 2017) for the renewal of a trailer park permit for the operation of an existing trailer park (Yellow Cotton Bayside Cabins & RV Park) located on Nell s Lane, Boothville, Louisiana; BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT it hereby approves the issuance of a trailer park permit to Barbara Pokorney for the operation of an existing trailer park (Yellow Cotton Bayside Cabins & RV Park) located in A-2 (Rural or Agricultural) Zoning District on Nell s Lane, Boothville, Louisiana, all in accordance with Application No , dated January 25, 2017.