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BOARD OF COMMISSIONERS
PORT OF NEW ORLEANS MINUTES OF
THE BUDGET COMMITTEE MEETING AUGUST 24, 2015
A MEETING OF THE BUDGET COMMITTEE OF THE BOARD OF
COMMISSIONERS OF THE PORT OF NEW ORLEANS, HELD IN THE
PRESENTATION ROOM ON THE 4TH FLOOR AT ITS OFFICES AT
1350 PORT OF NEW ORLEANS PLACE, NEW ORLEANS, LOUISIANA,
WAS CALLED TO ORDER BY COMMITTEE CHAIRMAN WILLIAM T.
BERGERON AT 1:39 P.M. ON MONDAY, AUGUST 24, 2015.
COMMITTEE MEMBERS William T. Bergeron, Committee Chairman
PRESENT: Scott H. Cooper, Member
Michael W. Kearney, Member
Robert R. Barkerding, Jr., Member
Laney J. Chouest, Member
Arnold B. Baker, Member (1:43 p.m.)
ABSENT: Gregory R. Rusovich, Member
STAFF: G. LaGrange, President and Chief Executive Officer B. Christian,
Chief Operating Officer
B. Gussoni, Executive Counsel
J. Ruckert, Chief Financial Officer
B. Landry, Chief Commercial Officer
M. Rubino, Staff Attorney
M. Gresham, Director, External Affairs
L. Louviere, Commercial Manager
W. Stokes, Executive Secretary
H. Fontenot, Paralegal
GUEST: J. Holt, Government Consultants
L. Traweek, City Business
A. Determination of Quorum and Call to Order
Committee Chairman Bergeron determined the existence of a quorum and
called the meeting to order at 1:39 P.M.
B. Public Comment
Committee Chairman Bergeron said that public comment will be held until the
end after the items are presented. No public comments were made.
C. Briefing and Discussion Items
1. Review of July, 2016, Financial Statement.
Mr. Ruckert briefed the committee on the July, 2015, financial statement. He
distributed a report detailing the financial information, a copy of which is
made part of these minutes. Mr. Ruckert said that this is the first month of the
new fiscal year. He announced that for the year, operating revenue was higher
than the budgeted amount and expenses were below the budget for the month.
However, he told the committee that the bar on the revenue side has been set
higher in this years budget than last year.
Mr. Ruckert said that container crane activity was higher for the month of July
and the budget.
2. Consider Approval of a Resolution Authorizing the Execution of a Second
Amended and Restated Indenture of Trust and a Third Amendment to the
Finance Agreement with Respect to the $7,500,000 Board of Commissioners of
the Port of New Orleans Revenue Bonds (New Orleans Cold Storage Project),
Series 2002, Authorizing the Execution and Delivery of One or More Lessors
Consents to Mortgage Agreements and/or Collateral Access Agreements and
Providing for Matters with Respect to the Collateral Relating to the Boards
Leases with New Orleans Cold Storage and Warehouse Company, Ltd., and
Providing for Other Matters in Connection Therewith.
Mr. Ruckert briefed the committee on a debt for New Orleans Cold Storage that
was purchased by Wells Fargo Bank previously owned by J.P. Morgan Chase.
He stated that there is a need for a resolution for this process and the resolution
is needed for sign off on all of the documents for the transfer of debt from J.P.
Morgan to Wells Fargo Bank.
He reminded the committee that this is conduit debt of the Board for NOCS. We
are only sponsoring the debt and we have no financial obligations because of it.
After some discussion, the commissioners indicated they would recommend
approval of this resolution to the Board at its next regular meeting.
3. Briefing on and Discussion of a Resolution Authorizing the President and
Chief Executive Officer to Enter into an Agreement with The American Institute
for International Steel to Co-Host the 2016 Critical Commodities Conference,
including the Authority to Enter into a Contract with Howard Publications d/b/a
American Shipper.
2015.
COMMITTEE MEMBERS Robert R. Barkerding, Jr., Committee Chairman
PRESENT William T. Bergeron, Member
Michael W. Kearney, Member
Laney J. Chouest, Member
Arnold B. Baker, Member
ABSENT: Gregory R. Rusovich, Member
STAFF: G. LaGrange, President and Chief Executive Officer
B. Christian, Chief Operating Officer
B. Gussoni, Executive Counsel
C. Bonura, Director, Business Development
D. Allee, Director, Cruise & Tourism
M. Rubino, Staff Attorney
M. Gresham, Director, External Affairs
B. Ethridge, Manager, Business Development
J. Cocchiara, Business Development
W. Stokes, Executive Secretary
H. Fontenot, Paralegal
E. Pfister, law intern
GUESTS: L. Traweek, City Business
C. Balthazar, River Works
A. Determination of Quorum and Call to Order
Committee Chairman Barkerding determined the existence of a quorum and
called the meeting to order at 2:15 P.M.
B. Public Comment
Committee Chairman Barkerding indicated that he would defer public comment
if any to the end of any presentations on the discussion items.
C. Briefing and Discussion Items
1. Briefing on and Discussion of a Resolution Authorizing the President and
Chief Executive Officer to Enter into a Lease with Transportation Consultants,
Inc., for Approximately 13.9 Acres at 6000 Jourdan Road.
Commissioner Kearney recused himself. He left the room, did not participate in
any discussions and returned to the meeting after all discussion on this matter
was completed.
Mr. Bonura briefed the committee on and recommended approval of a resolution
authorizing the Boards President and Chief Executive Officer to enter into a
lease with Transportation Consultants, Inc., for approximately 13.9 acres at
6000 Jourdan Road. He provided background information on this property that
has been vacant for some time. Mr. Bonura explained that the building on the
property is in poor condition and is an eyesore on the Boards property. He said
Transportation Consultants, Inc., will invest $800,000 to improve it and get
rental credits in return. Mr. Bonura made it clear that the Board would own the
improvements to this building from the day of their completion.
Ms. Christian said that more due diligence must be done before Thursdays
Board meeting.
After discussion, the committee agreed to leave this item on Thursdays agenda,
but indicated that they would take no action on Thursday if more due diligence
could not be completed by then.
2. Briefing on and Discussion of the Cooperative Endeavor Agreement with the
City of New Orleans for Riverfront Development.
Mr. Cocchiara mentioned that the City agreed under the CEA not to impose
any new taxes, fees, charges, levies, or assessments on the Port, its tenants
or assignees related to the maritime use of their facilities and operations or
functions.
Commissioner Barkerding asked if the City had any plans or drawings. Mr.
Cocchiara replied that the City developed a riverfront plan from Jackson
Avenue to the Industrial Canal.
After completion of item #4, Mr. Gresham presented and played the We
Choose Louisiana video that will be airing on television beginning this week
through the 2nd week of November.
Mr. LaGrange commented that there are two agenda items, the first a lengthy
and worthy one. He noted that there are a number of guests in attendance and
asked that they introduce themselves, and they did.
BOARD OF COMMISSIONERS
PORT OF NEW ORLEANS MINUTES
OF
THE PROPERTY AND INSURANCE COMMITTEE MEETING
AUGUST 24, 2015
3. Chairmans Comments
Mr. Cocchiara briefed the committee on the CEA with the City of New Orleans
(City) for riverfront development for non-maritime purposes. He said that the
concept of the agreement is that the City of New Orleans has been interested in
having more opportunity for development along the riverfront, more so in the
downtown and urban residential areas of the riverfront. Mr. Cocchiara said that
it was agreed to create a framework under which non-maritime development
could be accomplished between the Port and the City.
He mentioned that, according to the state law, the Board has the right to use the
banks of the Mississippi River for maritime commerce regardless of who owns
the land. He listed all wharf properties that would be involved and said that the
City took the lead by preparing a comprehensive development marketing plan.
Mr. Cocchiara stated that the CEA provides that if the Board has a need for
wharf properties for maritime purposes, the Board may take them back without
having to reimburse any development costs that the City incurred. He said that
under the CEA, the City will provide the Port all the land and buildings that it
needs to support its cruise parking functions at the Poland Avenue Wharf.
D. Adjournment
BOARD OF COMMISSIONERS
PORT OF NEW ORLEANS MINUTES
OF
THE EXECUTIVE COMMITTEE MEETING AUGUST 27, 2015
Mr. Bonura presented the construction terms, gross rent, rental credits, and
estimated net rent of the lease, and the staff participated in discussing and
answering various questions by and concerns of the commissioners. He told
the committee that this deal is better than if the Board let a straight lease of the
unimproved land for its fair market value of $13,000 a year for twenty years.
Mr. Landry said that this will be the 8th Annual Critical Commodities
Conference and that the big change this year is that American Shipper will host
the conference on April 12, 2016 at the Marriott Convention Center instead of
Southern Sales Solutions. He said that the cost is $60,000 this year which is less
than what we paid Southern Sales last year.
Mr. Landry briefed the committee on a Resolution authorizing the President and
Chief Executive Officer to enter into a one-year services contract with Samsara
Shipping Pvt. Ltd., India. He recommended that the contract be renewed and a
slight increase in the amount of their contract due to the outstanding job they
have done which is worth every penny we have spent on them. Mr. Landry said
that he is making efforts to invite a representative of Samsara Shipping to come
to New Orleans to meet everyone.
2. Public Comment
Mr. LaGrange spoke of ways to give greater access to the riverfront to people
by making it more pedestrian friendly. He asked Mr. Cocchiara to brief the
committee on further details of the cooperative endeavor agreement (CEA).
D. Adjournment
Commissioner Chouest asked about the specs of the building and expressed
his concern that this building needed to be designed so that it is useful to the
Boards future needs. Mr. Bonura said that the buildings design has not been
determined yet since the plans still need to be reviewed, but staff would follow
up on this. Other commissioners echoed Commissioner Chouests concerns.
Mr. Landry briefed the committee on a resolution authorizing the President and
Chief Executive Officer to enter into an agreement with The American Institute
for International Steel to Co-Host the 2016 Commodities Conference.
3. EXECUTIVE SESSION
Briefing on and Discussion of Legal Issues and Strategies Related to Prospective
Litigation by this Board against Board Tenant Lake Pontchartrain Properties,
LLC, After Formal Demand for Resolution of Multiple Violations of its Lease
at 3001 France Road on the IHNC.
At 3:10 P.M., a motion was made by Commissioner Barkerding and seconded
by Commissioner Cooper to go into executive session to allow staff to brief the
committee on and discuss the legal issues and strategies related to prospective
litigation by the Board against Board tenant Lake Pontchartrain Properties,
LLC.
The motion passed unanimously, and the Board went into executive session at
that time. Mr. Gussoni, Mr. Bonura and other staff briefed the committee on
Commissioner Kearney recused himself. He left the room, did not participate in
any discussions and returned to the meeting after all discussion on this matter
was completed.
Mr. LaGrange commented that this item of discussion is strictly a business deal
between Transportation Consultants, Inc. (TCI), and the Port of New Orleans.
Committee Chairman Cooper agreed with this.
Mr. Bonura provided a more detailed briefing to the committee after further due
diligence had been conducted since this past Mondays meeting of the Property
and Insurance Committee. He said there may have been some misunderstanding
about the terms of the proposed lease with TCI that rental credits would be
a subsidy and the Port would not be compensated. Mr. Bonura clarified and
confirmed that the Board will be compensated and that the Board is in a better
position doing this deal than with a pure unimproved land lease.
Mr. Bonura explained that the 30,000 square foot slab that houses a building
on the property has been vacant for the past ten years and is in poor condition,
making it an eyesore on the Boards property. He said that TCI will invest
$800,000 to improve it and get rental credits in return. Mr. Bonura made it
clear that the Board would own this building from day one of the lease and
the improvements as completed. He also stated that the rent is based on the
property as improved. Thus the cash we receive from rent and the value of the
improvements in the long term are a better deal for the Port. He mentioned that
this project would have a positive impact on other vacant properties that the
Board owns nearby and that this type of lease has been successfully done in
the past.
Mr. Bonura described how the building renovation is designed for rail loading
and trucking. It will have an 18.5 foot clearance with fifteen doors on the rail
side and twenty doors on the west and north sides for trucks. He stated this is a
very marketable building which will help us grow and take care of our strategic
needs.
Commissioner Rusovich asked how many containers for Chiquita are currently
projected for ocean transportation and loading of ships per year. Mr. Landry
replied that Chiquita is on target based on its agreement, and the numbers are
close to 36,000 containers, all being handled at NOT.
Mr. Bonura stated that TCI already handles 30% of the stuffing and striping
activity that is generated by Chiquita. Chairman Cooper asked if the Port stands
to gain some export paper products or boxes because of this. Mr. Landry replied
that there is potential for export paper that the Port is not currently getting.
There was an extensive discussion and conversation between Mr. Jim Campbell
of the ILA and the commissioners regarding Mr. Campbells concerns about
the impact this lease arrangement will have on the ILA workers financially. He
emphasized that the ILA needs to be included in the discussions with Chiquita,
given that this new arrangement would take work away from the ILA workers.
Both Mr. Campbell and Mr. Parker indicated that this is not the proper forum
for these discussions.
Committee Chairman Cooper emphasized that the Board has a fiduciary duty
to the Port and that it is not in a position to decide issues for other parties. Other
commissioners agreed with this.
LEGALS
Mr. Bonura recommended that the approval of the lease with TCI move forward.
Mr. Campbell said he has no problem with the lease itself. Mr. LaGrange said
that the Port could be a neutral facilitator between the parties in this matter
going forward.
The commissioners indicated their consensus to move forward with the
resolution as staff proposed.
B. Briefing on and Discussion of a Resolution Commemorating the Recovery
Efforts of the Ports Harbor Police Department and Staff in Response to the
Devastation Caused to the Port of New Orleans by Hurricane Katrina on August
29, 2005.
Mr. LaGrange briefed the committee on a resolution commemorating the
recovery efforts of the Ports Harbor Police Department and staff in response
to the devastation caused to the Port of New Orleans by Hurricane Katrina on
August 29, 2005. He said that Mr. Mike Orlesh will read the resolution at the
Board meeting and employees will be commended for bringing back the Port in
record time after the storm.
C. Cargo Report.
Mr. Landry stated that July was a good month and container volumes were up
11% over June and 9.5% for the past 12 months. He said, on the breakbulk side,
July was a good month, up 12% over June and up 27% for the year.
D. Report on Vessel Calls.
Mr. LaGrange said that that in July there were 415 vessel calls as opposed to 385
last year and 3,089 year to date as opposed to 3,016 last year.
LEGALS
T. Wells, W. S. Nelson
J. Louis, TCI
L. Reid, TCI
J. Rung, GLF Construction
V. Cisotto, Digital Engineering
R. Gonzalez, Biehl & Company
I. Determination of Quorum and Call to Order
Chairman Cooper determined the presence of a quorum and called the meeting
to order at 11:10 A.M.
II. Pledge of Allegiance
Chairman Cooper asked Commissioner Barkerding to lead the Board and the
audience in saying the Pledge of Allegiance, and he did so.
III. Approval of Minutes of July, 2015, Meetings
On motion duly made by Commissioner Cooper and seconded by Commissioner
Kearney, the Board unanimously approved the minutes of its public meetings of
July, 2015, as previously circulated.
IV. Acceptance of Financial Statement for July, 2015
On motion duly made by Commissioner Bergeron and seconded by
Commissioner Barkerding, the Board unanimously accepted the July, 2015,
Financial Statement as previously circulated.
V. Public Comment
None reported
Chairman Cooper announced that the meeting was open to the public and
directed any member of the public present who would like to comment to see
Mr. Matthew Gresham. He recognized two former chairmen in attendance, Mr.
James Campbell and Mr. Andrew Cooper.
7. Adjournment
6. Other Business.
LEGALS
Commissioner Bergeron advised the Board that the Budget Committee had
met and reviewed the resolution with staff, and he moved for its approval.
Commissioner Barkerding seconded the motion. MOTION CARRIED
UNANIMOUSLY.
VII. Report by the President and Chief Executive Officer
Chairman Cooper advised the Board that the Executive Committee had met and
reviewed the resolution with staff, and he moved for its approval. Commissioner
Barkerding seconded the motion. MOTION CARRIED UNANIMOUSLY.
Mr. LaGrange spoke about the cover of the Port People newsletter that recognized
employees who have been with the Port for the past forty or more years. He
asked each one to stand and take a bow: Lenny Spalluto, Wanda Stokes, Angelo
Rivera, Anthony Degrado, Joseph Fritz, and Joseph Darensbourg.
Commissioner Barkerding advised the Board that the Property and Insurance
Committee had met and reviewed the resolution with staff, and he moved for its
approval. Commissioner Rusovich seconded the motion. MOTION CARRIED
UNANIMOUSLY.
Mr. LaGrange read a letter he received from Mr. Mario Cordero of the Federal
Maritime Commission. He expressed his congratulations to the Port of New
Orleans for being officially recognized as a certified Green Port by Green
Marine. He asked that Amelia Pellegrin and her staff stand up to be recognized
for this accomplishment.
Mr. LaGrange read a letter he received from the retiring director of the Ports
Association of Louisiana. Ms. Dot McConnell expressed her gratitude to have
been associated with great people and dynamic industry at the Port of New
Orleans over the years. She stated that she was always met with a smile and
willingness to help each time she called the Port.
Mr. LaGrange read a letter he received from Ms. Kim Sport of United Way.
She thanked and congratulated the Port of New Orleans for its outstanding
contributions to the community and advocacy work in assisting the advancement
of the 2015 Legislative Public Policy Agenda. As a result of this contribution, the
Port was recognized as one of the United Way of S.E. Louisianas Community
Advocate Champions.
VIII. Old Business
None reported.
IX. New Business
None reported.
X. Adjournment
There being no further business to come before the Board, the meeting was
adjourned at 11:34 A.M.
NEXT MEETING:
11:00 A.M., Thursday, September 24, 2015