minutes of a meeting of the plaquemines parish council...

Minutes of a meeting of the Plaquemines Parish Council held in the Plaquemines ParishTemporary Courthouse, 450 F. Edward Hebert Blvd., Belle Chasse, Louisiana, on Thursday,January 13, 2011, at 1:27 p.m. pursuant to notice to all members with a quorum present asfollows:

PRESENT: Council Member Burghart Turner, Acting ChairmanCouncil Member Percy “P.V.” GriffinCouncil Member Keith M. HinkleyCouncil Member Kirk M. LepineCouncil Member Stuart J. GueyCouncil Member Anthony L. BurasCouncil Member Jeff EdgecombeCouncil Member Byron T. MarinovichCouncil Member Marla Cooper

Melissa P. LeBlanc, Secretary

ABSENT: None

Mr. Billy Nungesser, Parish President, is present representing Administration.

The Pledge of Allegiance was led by Mrs. Lois Lejeune.

Council Member Turner moved to Agenda Item 1-b, “Public Hearing at 1:00 p.m.

1. Petition to the Plaquemines Parish Council for suspension of liquor and/or beer permit:Plaquemines Parish Sheriff’s Office vs. M & S Oil Services, Sobia Cheema, MichaelKum, Jesus M. Caballer, and Manuel Jovel-Medrano.

2. Petition to the Plaquemines Parish Council for suspension of liquor and/or beer permit:Plaquemines Parish Sheriff’s Office vs. Cheema One, Inc., Mohammad Cheema andMelvin Medrano”.

Council Member Buras called a Point of Order and made a request to advance to AgendaItem 6-k, “A Resolution to elect the Chairman of the Plaquemines Parish Council and to fix theterm of office; and otherwise to provide with respect thereto”.

Council Member Turner moved a recess at 1:30 p.m.

The Meeting came back to order at 1:36 p.m., with all members present.

Council Member Buras call a “Point of Order” pursuant to Section 241 of Mason’s Manual ofLegislative Procedure and respectively requested a vote on said “Point of Order”.

Council Member Turner denied said vote pursuant to Section 245 of Mason’s Manual ofLegislative Procedure.

Council Member Buras requested his objection be noted for the record.

Council Member Turner moved to Agenda Item 1-b, “Public Hearing at 1:00 p.m.



The Public Hearing came to order at 1:45 p.m.

Mr. Mohammad Cheema, Ms. Alicia Gravolet, and Mr. Wayne Gillet were present.

Ms. Gravolet stated Mr. Joel Leoffelolz, Attorney representing Mr. Cheema, was present andready to proceed with the Public Hearing at the December 9, 2010, Meeting. At said meeting theCouncil requested said Hearing be deferred. At that time, Mr. Leoffelolz then stated he would beout of the country until January 31, 2011 and requested the Hearing be set after that date. Ms. Gravolet stated that Council Members Hodnett and Guey said “No Problem”.

Ms. Gravolet stated the Plaquemines Parish Council called a special meeting on December 31,2010, and decided to move forward.

The Plaquemines Parish Council adopted Resolution No. 10-523, on December 31, 2010,authorizing and directing the Council Chairman, Don M. Beshel, to deny the Motion forContinuance filed in the M&S Oil Service and the Cheema One, Inc., Cases; and otherwise toprovide with respect.

Council Member Lepine stated he attended a meeting with the Sheriff and Mr. Cheema. At thatmeeting, the Sheriff recommended a 30 day suspension of Mr. Cheema’s liquor licenses. At thatmeeting, Mr. Cheema accepted the suspension.

Mr. Lepine asked Mr. Cheema to verify his acceptance.

Mr. Cheema acknowledged he did accept the recommended suspension.

Ms. Gravolet and Mr. Gillet stated for the record that the are appearing today on behalf ofMr. Joel Leoffelolz and not Mr. Cheema.

Mr. Cheema acknowledged he understood the 30 day suspension.

Council Member Lepine stated for the record the terms as follows:

1. 30 day suspension of liquor license beginning January 15, 2011, at 12:00 a.m.

2. He must remove liquor from both locations.

3. After the 30 day suspension, the license will come up for a vote and the Council willdecide at that time to either grant or deny said application.

Council Member Cooper stated that there was no guarantee the license would be approved. Itwould be the decision of the Council. She had concerns regarding the documents produced bythe Sheriff’s Office stating alcohol was sold to minors 12 times.

Council Member Turner asked Mr. Cheema if he agreed to the Council issuing a permit today onthe condition that there is no violations during the 30 day suspension. He also stated he mustremove the alcohol from both premises for 30 days.

Mr. Cheema responded “yes”.

Council Member Lepine also agreed.

Council Member Guey, for clarification purposes, asked if we were granting the licenses in spiteof all the reports from the Sheriff’s Office, on the only condition, that he can not sell alcohol for30 days. Then, the slate would be clean and he will have his licenses. Is that what we are saying?

Council Member Turner asked Council Member Lepine “are you in agreement on issuing thelicenses if all alcohol is removed on January 15, 2011, for 30 days”?

Council Member Cooper stated the Council should have input on the matter and it should be inthe form of a Resolution or Ordinance.

Council Member Cooper wants it to be clear that, there is no guarantee he will be granted licenses. She emphasized they were caught 12 times selling alcohol to minors. She asked where did the30 day suspension come from?

Council Member Lepine stated the Sheriff recommended suspended the alcohol licenses for 30days. But now we were are talking about granting the license on the advice of the Council.

Council Member Cooper requested a resolution be adopted to make the decision.

Council Member Turner stated Council Member Lepine and Mr. Robert Barnett would prepareresolutions.

Council Member Turner moved to temporarily pass over said Hearing

R E S O L U T I O N NO. 11-1

On motion of Council Member Turner, seconded by Council Member Griffin, and on roll call allmembers present voting “Yes”, except Council Member Buras, absent, the following Resolutionwas adopted:

BE IT RESOLVED by the Plaquemines Parish Council that the following applications forconstruction permit in the Parish of Plaquemines are hereby approved: Plains All AmericanPipeline, LP, Application No. O-2010-123, dated June 21, 2010, to anomaly repair in theMississippi River along the existing 12" BOA Loop Pipeline, Ostrica to Elmer’s Junction;Colonial Pipeline Company, Application No. O-2010-187, dated September 13, 2010, for fiveanomaly repairs on existing 20" line 7 pipeline, Lake Lery; Century Exploration N.O., Inc.,Application No. O-2010-221, dated October 25, 2010, to install 6" pipeline, Breton Sound Area,Blocks 45 & 52; AT&T, Application No. O-2010-236, dated November 04, 2010, to installtelephone cabinet, 50' of copper cable and 16' of fiber cable, English Turn Road, Braithwaite;LOBO Operating, Inc., Application No. O-2010-246, dated November 15, 2010, to install 4"pipeline and 4" gas lift line, Breton Sound Area, Blocks 50 & 51; BP Pipeline (North America)Inc., Application No. O-2010-250, dated December 06, 2010, to install concrete pilings forplatforms, hand rails, stairs and safety gates for construction of a crude oil booster pump station,Carlisle Area; Helis Oil & Gas Company, L.L.C., Application No. O-2010-252, dated December02, 2010, to remove 6-pile timber well protector structure and site clearance, cut, cap and reburyexisting flowlines, West Black Bay Field; Century Exploration N.O., Inc., Application No. O-2010-256, dated December 14, 2010, to drill S.L. 3770 Loc. No. 10 and install caisson sleevestructure, Breton Sound Area, Block 53; Energy Partners, Ltd, Application No. O-2010-257, datedDecember 14, 2010, for maintenance dredging and workover S.L. 1009 Well No 10, South PassArea, Block 11 & 25; Marathon Oil Company, Application No. O-2010-259, dated December 15,2010, to plug and abandon well and remove all structures, Bay of River Aux Chenes; TexasPetroleum Investment Co., Application No. O-2010-260, dated December 15, 2010, to install 4"pipeline, Delta Duck National Wildlife Refuge; Helis Oil & Gas Company, L.L.C., ApplicationNo. O-2010-261, dated December 15, 2010, to install 3" gas lift line and 4" flowline, East BlackBay Field; Swift Energy Operating, LLC, Application No. O-2010-263, dated December 15, 2010,to install 6" flowlines, Lake Washington Field.


On motion of Council Member Guey, seconded by Council Member Griffin, and on roll call allmembers present voting “Yes”, except Council Members Lepine and Turner, Present but notVoting, and Council Member Buras, absent, the following Resolution was adopted:

BE IT RESOLVED by the Plaquemines Parish Council that the following application forconstruction permit in the Parish of Plaquemines are hereby approved: Chevron Pipeline

Company, Application No. O-2010-177, dated August 31, 2010, to lower existing 16" cypresscrude pipeline, Fort St. Phillip to Baptiste Collette Area.


On motion of Council Member Hinkley, seconded by Council Member Buras, and on roll call allmembers present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution approving the issuance of a special permit to Clean Fuels Associates,Inc., for the operation of a filter and fuel cleaning business on property located inan I-3 (Heavy Industrial) Zoning District at 2894 Engineers Road, Belle Chasse, Louisiana, all in accordance with Application No. BOC-2010-39, datedNovember 9, 2010.

WHEREAS, Clean Fuels Associates, Inc., applied to the Plaquemines Parish Department ofPermits, Planning and Zoning (Application No. BOC-2010-39, dated November 9, 2010) for apermit to operate a filter and fuel cleaning business on property located at 2894 Engineers Road,Belle Chasse, Louisiana;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of aspecial permit to Clean Fuels Associates, Inc., for the operation of a filter and fuel cleaningbusiness on property located in a I-3 (Heavy Industrial) Zoning District at 2894 Engineers Road,Belle Chasse, Louisiana, all in accordance with Application No. BOC-2010-39, datedNovember 9, 2010.

BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of thisCouncil is hereby authorized and directed to immediately certify and release this Resolution andthat Parish employees and officials are authorized to carry out the purposes of this Resolution,both without further reading and approval by the Plaquemines Parish Council.


On motion of Council Member Cooper, seconded by Council Member Guey, and on roll call allmembers present voting “Yes”, except Council Member Hinkley, absent, the following Resolutionwas adopted:

A Resolution approving the issuance of a special permit to Paul Darensbourg forthe placement of an additional mobile home on property located in an A-2 (Ruralor Agricultural) Zoning District at 129 Shirley Lane, Boothville, Louisiana, all inaccordance with Application No. T-2010-586, dated November 19, 2010.

WHEREAS, Paul Darensbourg applied to the Plaquemines Parish Department of Permits,Planning and Zoning (Application No. T-2010-586, dated November 19, 2010) for the placementof an additional mobile home on property located at 129 Shirley Lane, Boothville, Louisiana;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of aspecial permit to Paul Darensbourg for the placement of an additional mobile home on propertylocated in an A-2 (Rural or Agricultural) Zoning District at 129 Shirley Lane, Boothville,Louisiana, all in accordance with Application No. T-2010-586, dated November 19, 2010.



On motion of Council Member Turner, seconded by Council Member Guey, and on roll call allmembers present voting “Yes”, except Council Member Hinkley, absent, the following Resolutionwas adopted:

A Resolution approving the issuance of a special permit to Verna Gordon for theplacement of mobile home on property located in a FP (Flood Plain) ZoningDistrict at 120 Reddick Lane, Port Sulphur, Louisiana, all in accordance withApplication No. T-2010-622, dated December 6, 2010.

WHEREAS, Verna Gordon applied to the Plaquemines Parish Department of Permits, Planningand Zoning (Application No. T-2010-622, dated December 6, 2010) for the placement of a mobilehome on property located at 120 Reddick Lane, Port Sulphur, Louisiana;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of aspecial permit to Verna Gordon for the placement of mobile home on property located in a FP(Flood Plain) Zoning District at 120 Reddick Lane, Port Sulphur, Louisiana, all in accordancewith Application No. T-2010-622, dated December 6, 2010.



On motion of Council Member Turner, seconded by Council Member Buras, and on roll call allmembers present voting “Yes”, except Council Member Hinkley, absent, the following Resolutionwas adopted:

A Resolution approving the issuance of a special permit to Dale Adams to enclosethe bottom of an existing camp for the purpose of storage on property located ina FP (Flood Plain) Zoning District at 113 Junior Lane, Port Sulphur, Louisiana, allin accordance with Application No. B-2010-473, dated December 13, 2010.

WHEREAS, Dale Adams applied to the Plaquemines Parish Department of Permits, Planning andZoning (Application No. B-2010-473, dated December 13, 2010) for a permit to enclose thebottom of an existing camp for the purpose of storage on property located at 113 Junior Lane, PortSulphur, Louisiana;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of aspecial permit to Dale Adams to enclose the bottom of an existing camp for the purpose of storageon property located in a FP (Flood Plain) Zoning District at 113 Junior Lane, Port Sulphur,Louisiana, all in accordance with Application No. B-2010-473, dated December 13, 2010.



On motion of Council Member Turner, seconded by Council Member Cooper, and on roll call allmembers present voting “Yes”, except Council Member Hinkley, absent, the following Resolutionwas adopted:

A Resolution approving the issuance of a special permit to Coastal Cottages toenclose the bottom of an existing camp for the purpose of storage on property

located in a FP (Flood Plain) Zoning District at 121 Pintail Lane, Port Sulphur,Louisiana, all in accordance with Application No. B-2010-477, datedDecember 17, 2010.

WHEREAS, Coastal Cottages applied to the Plaquemines Parish Department of Permits, Planningand Zoning (Application No. B-2010-477, dated December 17, 2010) for a permit to enclose thebottom of an existing camp for the purpose of storage on property located at 121 Pintail Lane, PortSulphur, Louisiana;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of aspecial permit to Coastal Cottages to enclose the bottom of an existing camp for the purpose ofstorage on property located in a FP (Flood Plain) Zoning District at 121 Pintail Lane, PortSulphur, Louisiana, all in accordance with Application No. B-2010-477, dated December 17,2010.



On motion of Council Member Lepine, seconded by Council Member Edgecombe, and on roll callall members present voting “Yes”, except Council Member Hinkley, absent, the followingResolution was adopted:

A Resolution approving the issuance of a special permit to Kurt Cavalier for theinstallation of a fireworks stand on property located in a C-2 (GeneralCommercial) Zoning District at 7614 Hwy. 23, Belle Chasse, Louisiana, all inaccordance with Application No. B-2010-491, dated December 28, 2010.

WHEREAS, Kurt Cavalier applied to the Plaquemines Parish Department of Permits, Planningand Zoning (Application No. B-2010-491, dated October 28, 2010) for a permit for the installationof a fireworks stand on property located at 7614 Hwy. 23, Belle Chasse, Louisiana;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of aspecial permit to Kurt Cavalier for the installation of a fireworks stand on property located in aC-2 (General Commercial) Zoning District at 7614 Hwy. 23, Belle Chasse, Louisiana, all inaccordance with Application No. B-2010-491, dated December 28, 2010.


Introduction of Ordinances and Resolutions.

a. An Ordinance to amend the General Fund, 2011 Manpower Structure, Parish CouncilDepartment; and otherwise to provide with respect thereto. COUNCIL MEMBERGRIFFIN

b. A Resolution authorizing the Parish Administration to comply with the Judgment renderedon July 8, 2010, in the matter of Scarsdale Lands, LLC, et al, versus The Parish ofPlaquemines et al, Docket No. 57-598, Twenty Fifth Judicial District Court, PlaqueminesParish, Louisiana, by issuing the permit requested by the petitioners in said action asrequired by the Court’s order and instructing the Parish’s attorneys to file with theLouisiana Supreme Court a motion to dismiss the appeal of said judgement. COUNCILMEMBER GRIFFIN

c. An Ordinance to amend the General Fund, 2011 Operating Expenditure Budget, Legal-Judgements Department, line item Judgements & Damages-Ancar, Krystal; and otherwiseto provide with respect thereto. COUNCIL MEMBER GUEY

d. An Ordinance to amend the Five-Year Capital Improvements Plan for CDBG/HU-Ike/Gustav Recovery Project; and otherwise to provide with respect thereto. COUNCILMEMBER GUEY

e. An Ordinance authorizing the Parish President, William “Billy” Nungesser, to enter intoand execute a Cooperative Endeavor Agreement between Plaquemines ParishGovernment, as the Plaquemines Port, Harbor & Terminal District, and the State ofLouisiana, Department of the Treasury, and to amend the Port, Harbor & Terminal Fund2011 Operating Revenue and Expenditure Budgets; and otherwise to provide with respectthereto. COUNCIL MEMBER GUEY

f. An Ordinance authorizing the Parish President, William “Billy” Nungesser, to enter intoand execute a Cooperative Endeavor Agreement between Plaquemines Parish Governmentand the State of Louisiana, Department of the Treasury, and to amend the Fire FightingFund 2011 Operating Revenue and Expenditure Budgets; and otherwise to provide withrespect thereto. COUNCIL MEMBER GUEY

g. A Resolution authorizing the Parish Administration and Parish Attorneys to file with theLouisiana Supreme Court a motion to dismiss the appeal of the matter Cossich et al v.Plaquemines Parish Government, et al, No. 2011-C3, on the Docket of the Supreme Court;and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY

h. A Resolution instructing Robert A. Barnett, Esq., or his successor attorney, to suspend theprosecution of pending mandamus cases against William H. Billy Nungesser, as chiefexecutive officer of the Plaquemines Parish Government, until further instruction by thePlaquemines Parish Council. COUNCIL MEMBER GUEY

i. A Resolution to appoint Mr. Leo Palazzo as a member of the Plaquemines ParishDevelopment Board for the term ending February 28, 2011; and otherwise to provide withrespect thereto. COUNCIL MEMBER GUEY

j. A Resolution to appoint Leo Palazzo as a member of the Plaquemines Parish DevelopmentBoard for the term ending February 28, 2011; and otherwise to provide with respectthereto. (Term ending December 31, 2014) COUNCIL MEMBER GUEY

k. An Ordinance approving, confirming and re-confirming the Parish President’sappointments of the Parish Attorney; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY

l. A Resolution supporting N.R. “Rusty” Williamson in his candidacy for the Police JuryAssociation of Louisiana Executive Board Member-At-Large Election to be held at theFebruary 2011 Police Jury Convention in Shreveport, Louisiana; and otherwise to providewith respect thereto. COUNCIL MEMBER GUEY

m. An Ordinance to authorize the Parish President to enter into negotiation and executecontracts with environmental and economic experts for professional services for thedevelopment of claims against the British Petroleum Companies, Transocean, and othercompanies involved in the April 20, 2010, Macondo Well Blowout and Oil Spill;appropriating funds to cover such services; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY

n. An Ordinance to amend the Five-Year Capital Improvements Plan for the ExtensionBypass-Peters Road Project; and otherwise to provide with respect thereto. COUNCILMEMBER BURAS

o. A Resolution to continue in force the contract with Colex and Associates, Inc., to itscurrent expiration date; to authorize the Parish President to prepare and receive request forproposals from firms interested in providing such professional services thereafter; andotherwise to provide with respect thereto. COUNCIL MEMBER BURAS

p. An Ordinance to authorize the Parish President to enter into negotiations and execute acontract with a firm for professional services for the development and implementation ofa Feasibility Study to assess the General Aviation Airport on La. 1261/Peters Road,Plaquemines Parish, with the Regional Planning Commission; appropriating an amountof $8,400 to fund the Parish’s share of the cost; and otherwise to provide with respectthereto. COUNCIL MEMBER BURAS

q. A Resolution to accept the exchange of servitudes/ownership between the PlaqueminesParish Government and the State of Louisiana, Department of Transportation andDevelopment for La. State Highway 39 between Adema lane and Bohemia and for Parish-owned Walker Road; and otherwise to provide with respect thereto. COUNCILMEMBER BURAS

r. An Ordinance authorizing the Parish President to negotiate and acquire the leveeservitude/right-of-way and alignment needed for the 34 miles of new Federal HurricaneProtection Levee between Oakville, Louisiana, and Diamond, Louisiana, by Donation, Actof Sale or Exchange or by Expropriation/Appropriation, including existing levees andimprovements; and otherwise to provide with respect thereto. COUNCIL MEMBERBURAS

s. A Resolution to appoint ______________ as the Council District 5 Representative of thePlaquemines Parish Economic Development District Board to replace Danny Trosclairwhose term expired on December 31, 2010; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS

t. An Ordinance authorizing and directing the Civil Service Department to implement the3% increase to all Unclassified Employees and all Merit Increases to ClassifiedEmployees for 2011, effectively immediately; and otherwise to provide with respectthereto. COUNCIL MEMBER BURAS

u. A Resolution electing the Plaquemines Parish Council Chairperson; and otherwise toprovide with respect thereto. COUNCIL MEMBER BURAS

v. A Resolution appointing Richard G. Harvey as the Member of the Plaquemines ParishEconomic Development Board, District 8; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH

w. An Ordinance to amend and, as amended, reenact Section 2-9, and to add Sections 2-10and 2-11, of the Code of Ordinances for Plaquemines Parish, Louisiana; to provide that“all appointed members of Plaquemines Parish Government Committees, Commissionsand Boards shall meet all of the requirements for elective office of the elected officialmaking the recommendation for appointment except as otherwise specified in theOrdinance that creates such Committee, Commission or Board; to provide fordisqualification of said appointed member if the requirements are not met or maintained;and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH

x. An Ordinance authorizing and directing the Parish President, Billy Nungesser, to beginan assessment of the drainage costs of the Boothville/Venice River Road; and otherwiseto provide with respect thereto. COUNCIL MEMBER COOPER

y. A Resolution approving and authorizing Parish President William “Billy” Nungesser’sapplication for a Local Government Assistance Program Grant from the Louisiana Officeof Community Services in the amount of $139,000.00 for the repair and replacement ofstructures and signage to the Fort Jackson entryway routes for the purpose of enhancingsafe ingress and egress to Fort Jackson; and otherwise to provide with respect thereto. COUNCIL MEMBER COOPER

z. An Ordinance to amend and re-enact the Comprehensive Building Regulations for theParish of Plaquemines, Louisiana, relative to the Building Code; and to provide for relatedmatters. COUNCIL MEMBER HINKLEY

aa. A Resolution to re-appoint Mark Leopold as the Council District 2 Representative of thePlaquemines Economic Development District Board for a three (3) year term beginningJanuary 27, 2011, and ending December 31, 2013; and otherwise to provide with respectthereto. COUNCIL MEMBER HINKLEY

bb. An Ordinance to amend and re-adopt Appendix B, Section III, Definitions, and SectionVIII, Exceptions and Modifications, of Ordinance No. 142, the Comprehensive ZoningOrdinance of Plaquemines Parish, Louisiana, as amended; and otherwise to provide withrespect thereto. COUNCIL MEMBER HINKLEY

cc. An Ordinance to establish a temporary moratorium ending December 31, 2011, or uponcompletion of the Master Plan, prohibiting the issuance of permits by any ParishDepartment or Agency for the construction, renovation or remodeling of any commercialproperty within the boundaries of District 2, District 3 and District 4, including but notlimited to special approval by the Parish Council; and otherwise to provide with respectthereto. COUNCIL MEMBER HINKLEY

dd. A Resolution to re-appoint Mike Mariana as the Council District 3 Representative of thePlaquemines Economic Development District Board whose term shall expire onDecember 31, 2011; and otherwise to provide with respect thereto. COUNCIL MEMBERLEPINE

ee. A Resolution to continue in force the contract wit the Chesapeake Group, LLC, to itscurrent expiration date; to authorize the Parish President to prepare and receive requestsfor proposals from firms interested in providing such professional services thereafter; andotherwise to provide with respect thereto. COUNCIL MEMBER BURAS


On motion of Council Member Buras, seconded by Council Member Turner, and on roll call allmembers present voting “Yes”, the following Resolution was unanimously adopted:

BE IT RESOLVED by the Plaquemines Parish Council that the following applications for permitto engage in the sale of liquor and/or beer only in the Parish of Plaquemines for the year 2011 arehereby approved: State Oil Fuel Center, Inc., P.O. Box 220, Belle Chasse, Louisiana, 70037,“State Oil Fuel Center”, 7124 Hwy. 23, Belle Chasse, Louisiana, 70037, package house-liquor;DJ’s One Stop, LLC, P.O. Box 354, Pointe-a-la-Hache, Louisiana, 70082, “DJ’s One Stop”,18013 Hwy. 15, Pointe-a-la-Hache, Louisiana, 70082, package house-liquor; State Fuel Center,Inc., P.O. Box 220, Belle Chasse, Louisiana, 70037, “State Oil Fuel Center”, 7124 Hwy. 23, BelleChasse, Louisiana, 70037, retail saloon-liquor; Barriere Lands, LLC, “Bayou Barriere GolfCourse”, 7427 Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; T and R, LLC,“Zydeco’s Cajun Kitchen”, 7010, Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor;Briggs of Belle Chasse, Inc., 641 Papworth Avenue, Metairie, Louisiana, 70005, “New OrleansOriginal Daiquiris”, 8102 Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; BeersR Us, LLC, 10934 Hwy. 23, Belle Chasse, Louisiana, 70037, “Seatrain Tavern”, 9080 Hwy. 23,Belle Chasse, Louisiana, 70037, retail saloon-liquor; Grace Palmisano, 910 Jason Dr., BelleChasse, Louisiana, 70037, “Lady Grace Seafood”, 9052 Hwy. 23, Belle Chasse, Louisiana, 70037,retail saloon-liquor; The Club House Bar & Grill, Inc., P.O. Box 7196, Belle Chasse, Louisiana,70037, “The Club House Bar”, 8133 Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; Therese D. Creppel, 2604 Fawnwood Rd., Marrero, Louisiana, 70072, “The Cypress Bar”,9338-B Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; Guilbeau’s Deli, Inc., P.O.Box 66, Port Sulphur, Louisiana, 70083, “Guilbeau’s Deli”, 28564 Hwy. 23 Suite A, Port Sulphur,Louisiana, 70083, package house-liquor; Guilbeau’s Deli, Inc., P.O. Box 66, Port Sulphur,Louisiana, 70083, “Guilbeau’s Deli”, 28564 Hwy. 23, Port Sulphur, Louisiana, 70083, retailsaloon-liquor; La Caffe Casa, Inc., P.O. Box 493, Port Sulphur, Louisiana, 70083, “La CaffeCasa”, 26145 Hwy. 23, Port Sulphur, Louisiana, 70083, retail saloon-liquor; Roseina Copeland,P.O. Box 488, Port Sulphur, Louisiana, 70083, “Watutsi Ale”, 33115 Hwy. 11, Empire, Louisiana,70050, retail saloon-liquor; Iguana’s Daiquiri Express, Inc., “Iguana’s Daiquiri Express”, 123Eldorado Street, Buras, Louisiana, 70041, retail saloon-liquor; Faith Gaudet, P.O. Box 138,Venice, Louisiana, 70091, “Adams Grocery of Boothville”, 41245 Hwy. 23, Boothville,Louisiana, 70038, package house-liquor; Bayou Club Bar & Grill, LLC, P.O. Box 387, Venice,Louisiana, 70091, “Bayou Club Bar & Grill”, 42866 Hwy. 23, Venice, Louisiana, 70091, retailsaloon-liquor; Deep Delta Houseboats, LLC, P.O. Box 11, Belle Chasse, Louisiana, 70037,“Venice Marina”, 237 Sports Marina Road, Venice, Louisiana, 70091, retail saloon-liquor; DeepDelta Houseboats, LLC, P.O. Box 11, Belle Chasse, Louisiana, 70037, “Venice Marina”, 237Sports Marina Road Suite A, Venice, Louisiana, 70091, retail saloon-liquor.

BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Sheriff I. F.“Jiff” Hingle and the Plaquemines Parish Health Department as notice of approval of applicationfor permit.

ORDINANCE NO. 11-1

The following Ordinance was offered by Council Member Buras who moved its adoption:

An Ordinance to accept the portion bid of Swift Energy Operating, LLC, formineral lease purposes on Parish Tract 10-3, on property situated in Section 18,Township 21 South, Range 27 East, Bayou Chaland Area, Buras Levee District,Plaquemines Parish, Louisiana, estimated to contain approximately 102.61 Acresout of a total of 429.18 Acres, more or less; and otherwise to provide with respectthereto.

WHEREAS, pursuant to the provisions of the Plaquemines Parish Home Rule Charter, ParishTract 10.3, was advertised for mineral lease purposes in accordance with the rules of procedureof the Parish Council and of State Law; and

WHEREAS, one bid was received on Wednesday, December 1st, 2010, as follows:

PARISH TRACT 10-3SWIFT ENERGY OPERATING, LLC

Acreage: (102.61 Acres) out of a total of 429.18 Acres Price Per Acre: $ 375.00 - Per Acre x (102.61) Acres Cash Payment: $ 38,478.75 Annual Rental: $ 19,239.38 Royalties: 25 % for o i l , gas and other l iquid and gaseous

hydrocarbonsAdditional Consideration: (None)

WHEREAS, the Mineral Office has reviewed the portion bid and recommends to the ParishCouncil the acceptance of the 102.61 Acre portion bid from Swift Energy Operating, LLC.;

NOW, THEREFORE:

BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby accepts the portion bid of Swift Energy Operating, LLC, for mineral lease purposes onParish Tract No. 10-3, located in Section 18, Township 21 South, Range 27 East, Bayou ChalandArea, Buras Levee District, Plaquemines Parish, Louisiana, and estimated to containapproximately 102.61 acres, more or less, all as more fully shown in the property descriptionsubmitted with the one bid and plat received by Swift Energy Operating, LLC, on file with thePlaquemines Parish Government, Mineral Office.

SECTION 2

It hereby authorizes the Parish President, William H. Nungesser, to execute a mineral lease withSwift Energy Operating, LLC, on Parish Tract 10-3, with the lease to be on the usual StateAgency Lease Form, without warranty of title, subject to the approval of the Louisiana StateMineral Board as shown on file in the Plaquemines Parish Government - Mineral Office.

WHEREUPON, in open session the above Ordinance was read and considered section by sectionand as a whole.

Council Member Hinkley seconded the motion to adopt the Ordinance.

The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:

YEAS: Council Members Percy P.V. Griffin, Keith Hinkley, Stuart J. Guey, Anthony L.Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper

NAYS: None

ABSENT: Council Member Kirk M. Lepine

PRESENT BUT NOT VOTING: None

And the Ordinance was adopted on this the 13th day of January, 2011.

ORDINANCE NO. 11-2

The following Ordinance was offered by Council Member Cooper who moved its adoption:

An Ordinance approving a plan of resubdivision of the property of Veronica DimMam and On Ros, Plaquemines Parish, Louisiana, as shown on Map ofResubdivision, Portion of Tract 6-A, Champion Citrus Division, Triumph, LA., byHugh Mcurdy, III, P.L.S., dated August 5, 2010, the owners having fulfilled all ofthe requirements of the Subdivision and Resubdivision Ordinance of the Parish ofPlaquemines without cost to the Plaquemines Parish Government or the Parish ofPlaquemines.

WHEREAS, Veronica Dim Mam and On Ros, as the owners of property situated in the Parish ofPlaquemines, State of Louisiana, as shown on Map of Resubdivision, Portion of Tract 6-A,Champion Citrus Division, Triumph, LA., by Hugh McCurdy, III, P.L.S., dated August 5, 2010,a copy whereof is annexed hereto and made part hereof; and

WHEREAS, Veronica Dim Mam and On Ros, as owners of said property have proposed theresubdivision of the said property into Lots 6-A-1 and 6-A-2, as more fully shown on said map;and

WHEREAS, all streets, utilities, drainage structures and other improvements shown on theaforementioned map of survey are in place;

NOW, THEREFORE:

BE IT ORDAINED by the Plaquemines Parish Council for the Parish of Plaquemines, Louisiana,that the aforesaid Map of Resubdivision, Portion of Tract 6-A, Champion Citrus Division,Triumph, LA., by Hugh McCurdy, III, P.L.S., dated August 5, 2010, dividing the property ofVeronica Dim Mam and On Ros into Lots 6-A-1 and 6-A-2, a copy of whereof is annexed heretoand made a part hereof, be approved, and that the approval of the Parish President, Directors andall appropriate Parish Department heads of the aforesaid map of survey be ratified.

BE IT FURTHER ORDAINED by the Plaquemines Parish Council of the Parish of Plaquemines,Louisiana, that the Parish President be and is hereby authorized to execute any and all acts anddocuments necessary and proper in the premises to give full force and effect to the aforesaidOrdinance.


Council Member Buras seconded the motion to adopt the Ordinance.


YEAS: Council Members Percy P.V. Griffin, Keith Hinkley, Kirk M. Lepine, Stuart J.Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovichand Marla Cooper

NAYS: None

ABSENT: None



ORDINANCE NO. 11-3

The following Ordinance was offered by Council Member Hinkley who moved its adoption:

An Ordinance to amend the Five Year Capital Improvements Plan byappropriating $40,000 from the General Fund Unreserved/Undesignated FundBalance to the District 2 Drainage Project Fund Balance; and otherwise to providewith respect thereto.

WHEREAS, there is a need for an additional $40,000 for the District 2 Drainage Projects;

NOW, THEREFORE:


SECTION 1

The Five Year Capital Improvements Plan is amended by appropriating $40,000 from the GeneralFund Unreserved/Undesignated Fund Balance to the District 2 Drainage Project Fund Balance.

SECTION 2

The Secretary of this Council is hereby authorized and directed to immediately certify and releasethis Ordinance and that Parish employees and officials are authorized to carry out the purposesof this Ordinance, both without further reading and approval by the Plaquemines Parish Council.


Council Member Lepine seconded the motion to adopt the Ordinance.



NAYS: None

ABSENT: None



ORDINANCE NO. 11-4

The following Ordinance was offered by Council Member Turner who moved its adoption:

An Ordinance to amend the Five-Year Capital Improvement Plan for variousfunds, various projects; and otherwise to provide with respect thereto.

WHEREAS, a review of the 2010 budget for the Five-Year Capital Improvement Plan has resultedin the recommendation for amendments;

NOW, THEREFORE:


SECTION 1

The Five-Year Capital Improvement Plan, various funds, various projects, funding year 2010 areamended by appropriating $14,000 to various line items from the General FundUnreserved/Undesignated Fund Balance for expenditures not covered by grant funding, asfollows:

LCDBG Oyster Conveyance/Boat Harbor Upgrades 1,000LCDBG Venice Shipyard Fishery Infrastructure 1,000LCDBG Oyster Processing-Ameripure Fishing Ind 1,000LCDBG HUD Ike/Gustav Recovery 1,000LRA Projects 10,000


Council Member Griffin seconded the motion to adopt the Ordinance.



NAYS: None

ABSENT: None





Council Member Turner moved to Agenda Item 6-k, “A Resolution to elect the Chairman of thePlaquemines Parish Council and to fix the term of office; and otherwise to provide with respectthereto”. Without objections, so ordered.


The following Resolution was offered by Council Member Turner who moved its adoption:

A Resolution to elect the Chairman of the Plaquemines Parish Council and to fixthe term of office; and otherwise to provide with respect thereto.

BE IT RESOLVED by the Plaquemines Parish Council that Burghart Turner be elected Chairmanof the Plaquemines Parish Council, effective January 1, 2011, for a term of office to expire atmidnight, December 31, 2011.


WHEREUPON, in open session the above Resolution was read and considered section by sectionand as a whole.

Council Member Lepine seconded the motion to adopt the Resolution.

The foregoing Resolution having been submitted to a vote, the vote resulted as follows:

YEAS: Council Members Kirk M. Lepine, and Burghart Turner

NAYS: Council Members Keith Hinkley, Stuart J. Guey, Anthony L. Buras, JeffEdgecombe, Byron T. Marinovich and Marla Cooper

ABSENT: None

PRESENT BUT NOT VOTING: (ABSTAINED) Council Member Percy P.V. Griffin

And the Resolution FAILED on this the 13th day of January, 2011.

Council Member Buras requested nominations be made pursuant to Section 545(1) of Mason’sManual of Legislative Procedure.

Council Member Hinkley nominated Council Member Guey as Chairman.

Council Member Edgecombe seconded the nomination.


On motion of Council Member Hinkley, seconded by Council Member Edgecombe, and on rollcall all members present voting “Yes”, except Council Members Lepine and Turner, voting “No”,the following resolution was adopted:

A Resolution to elect the Chairman of the Plaquemines Parish Council and to fixthe term of office; and otherwise to provide with respect thereto.

BE IT RESOLVED by the Plaquemines Parish Council that Stuart Guey be elected Chairman ofthe Plaquemines Parish Council, effective January 1, 2011, for a term of office to expire atmidnight, December 31, 2011, or until such time as the majority of the Council may deem itnecessary to elect a new Chairman.





On motion of Council Member Turner, seconded by Council Member Buras, and on roll call allmembers present voting “Yes”, except Council Member Griffin, absent, the following resolutionwas adopted:

A Resolution to elect the Vice-Chairman of the Plaquemines Parish Council andto fix the term of office; and otherwise to provide with respect thereto.

BE IT RESOLVED by the Plaquemines Parish Council that Marla Cooper be elected Vice-Chairman of the Plaquemines Parish Council, effective January 1, 2011, for a term of office toexpire at midnight, December 31, 2011.



On motion of Council Member Turner, seconded by Council Member Edgecombe, and on roll callall members present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution appointing the members of the Audit Committee of the Plaquemines

Parish Council for 2011 pursuant to Section 7.08 of Article 7 of the Charter forLocal Self-Government, Plaquemines Parish, Louisiana; and otherwise to providewith respect thereto.

WHEREAS, Section 7.08 of Article 7 of the Charter for Local Self-Government establishes anAudit Committee which shall be composed of three (3) Council Members selected by Resolutionadopted by a majority vote of the Parish Council each of which shall serve for a one (1) year termor until a successor is chosen;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that the following named CouncilMembers are hereby selected as Members of the Audit Committee of the Plaquemines ParishCouncil effective January 1, 2011, with their terms of office to expire December 31, 2011, or untilsuch time as a majority of the Parish Council may deem it necessary to select new members ofthe Committee:

Council Member Turner Council Member Hinkley Council Member Lepine


R E S O L U T I O N NO.

The following Resolution was offered by Council Member Guey who moved its adoption:

A Resolution to readopt the members of the Coastal Zone Advisory Committee;and otherwise to provide with respect thereto.

WHEREAS, several members of the Coastal Zone Management Committee’s terms will expireon December 31, 2010; and

WHEREAS, it is necessary at this time to readopt the Coastal Zone Management AdvisoryCommittee;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby readopts the members ofthe Coastal Zone Management Advisory Committee and reappoint the following individuals tofill expired terms of members said Committee:

Darren Angelo, representing the commercial fisherman December 31, 2011

Mr. James McGuire, representing the shrimp fisherman December 31, 2011

Mr. Robert Cosse, representing waterways enforcement December 31, 2011

Mr. Bobby Giles, representing the oil industry December 31, 2011

Mr. Mike Mullen, representing the Plaquemines Parish Legal Department December 31, 2011

_______________, representing the Plaquemines Parish Council December 31, 2012

Mr. Dennis Smith, representing the Plaquemines Parish President’s Office December 31, 2011

Mr. Ed Theriot, representing the Parish Administration December 31, 2011

Mr. Pete Vujnovich, Jr., representing the oyster fishermen December 31, 2012

Mr. James Callais, representing the oil industry December 31, 2012

Mr. Andy Boudreaux, representing the oil industry December 31, 2012


Council Member Griffin seconded the motion to adopt the Resolution.

Council Member Guey offered a substitute to the proposed Resolution.


On motion of Council Member Guey, seconded by Council Member Griffin, and on roll call allmembers present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution appointing Jeff Edgecombe as the Plaquemines Parish Councilrepresentative to the Coastal Zone Management Advisory Committee; andotherwise to provide with respect thereto.

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby appoints Jeff Edgecombeas the Plaquemines Parish Council representative to the Coastal Zone Management AdvisoryCommittee for the term ending December 31, 2012.


ORDINANCE NO. 11-5

The following Ordinance was offered by Council Member Guey who moved its adoption:

An Ordinance amending and re-enacting rules 4, 5 & 6 of Chapter II of Section 2-18 of the Code of Ordinances for Plaquemines Parish, LA to create a PortCommittee and Committee Chairperson; to establish a Chairperson of the Port;and otherwise to provide with respect thereto.

WHEREAS, it is the sense of the Parish Council that rules 4, 5 & 6 of Chapter II of Section 2-18of the Code of Ordinances for Plaquemines Parish, LA governing the Officers of the PlaqueminesParish Council as the sole governing authority of the Plaquemines Port, Harbor & TerminalDistrict should be amended to address the creation of a Port Chairperson and a Port Committee;and

WHEREAS, the rules should address procedure for the Port Committee whereby all Port-relatedbusiness and other matters should first be considered by the Port Committee and then brought tothe table for full Council consideration; and

WHEREAS, the rules should also authorize the Council to appoint the Port Chairperson and themembers of the Port Committee on an annul basis which shall consist of the Port Chairperson andthree (3) Council Members;

NOW, THEREFORE:


SECTION 1

Rules 4, 5, & 6 of Chapter II of Section 2-18 of the Code of Ordinances for Plaquemines Parish,LA be and the same are hereby amended and, as amended, re-enacted to read as follows:

“Rule 4. (a) The Officers of the Council, as the sole governing authority of thePlaquemines Port, Harbor & Terminal District, shall be a Chairperson, Vice-

Chairperson, Secretary and Assistant Secretary. The Chairperson and Vice-Chairperson shall be elected for a term of one (1) year each in accordance with theprovisions of Article 4, Section 4.08 of the Charter. No Council Member shall beeligible to serve as Chairperson or Vice-Chairperson for more than two (2)consecutive years. The Secretary and Assistant Secretary shall serve at thepleasure of the Council as the sole governing authority of the Plaquemines Port,Harbor & Terminal District.

(b) The Port Committee is hereby created and shall be composed of thePort Chairperson and three (3) members from the Council selected by Resolutionof the Council to serve for a term of one (1) year.

(c) The Port Chairperson shall serve as the Port Committee Chairpersonand shall perform functions as designated by the Council, as the sole governingauthority of the Plaquemines Port, Harbor & Terminal District, and/or the PortCommittee and, as and when requested, represent the Council, as the solegoverning authority of the Plaquemines Port, Harbor & Terminal District, atofficial functions.

(d) In addition, the Port Chairperson, as the presiding officer of the PortCommittee, shall have the authority and powers set forth in Rule 5 for the CouncilChairperson when acting as the Port Committee Chairperson.

(e) In the absence or inability of the Port Chairperson to serve, the PortVice-Chairperson shall serve until such time as the Port Chairperson returns andassumes the office or until further action by the entire membership of theCouncil”.

“Rule 5. The Chairperson elected via Rule 4(a) shall be the presiding officer of the Council, asthe sole governing authority of the Plaquemines Port, Harbor & Terminal District. TheChairperson shall:

a. Preside at meetings of the Council as the sole governing authorityof the Plaquemines Port, Harbor & Terminal District, and exercisethe usual powers and perform the usual duties of a presidingofficer;

b. Preserve order and decorum;c. Speak to points of order and, subject to an appeal to the Council as

the sole governing authority of the Plaquemines Port, Harbor &Terminal District, decide all points of order;

d. Confine Council Members in debate to the questions, preventpersonal reflections, and determine the order of recognition whentwo (2) or more Council Members seek recognition at the sametime;

e. Maintain general control of the Council chambers and its environs;f. Supervise the Council staff, as the sole governing authority of the

Plaquemines Port, Harbor & Terminal District;

“Rule 6. The Vice-Chairperson elected via Rule 4(a) shall preside as acting Chairperson whenrequested to do so by the Chairperson or in the absence or inability of the Chairperson to serve. In addition, the Vice-Chairperson shall perform all other duties and functions enumerated in thepreceding rule (Rule 5) in the absence or inability of the Chairperson to perform such duties.”

SECTION 2

The Secretary of this Council is hereby authorized and directed to immediately certify and releasethis Ordinance and that Parish employees and officials are authorized to carry out the purposesof this Ordinance, both without further reading and approval by the Plaquemines Parish Council.




YEAS: Council Members Percy P.V. Griffin, Keith Hinkley, Stuart J. Guey, Anthony L.Buras, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper

NAYS: Council Members Burghart Turner and Kirk M. Lepine

ABSENT: None



ORDINANCE NO. 11-6


An Ordinance to amend the General Fund, 2011 Operating Revenue &Expenditure Budgets, Homeland Sec/Emer Prep-Grants Department, revenue lineitem Fed Reimb-St Hmlnd (SHSP FY10) and various expenditure line items; andotherwise to provide with respect thereto.

WHEREAS, Plaquemines Parish Government has been awarded a Federal grant (State HomelandSecurity Program - Fiscal Year 2010) through the State Department of Homeland Security andEmergency Preparedness; and

WHEREAS, the purpose of this grant is to allow Parish Government, as a first responder inmatters of Homeland Security, to allocate funds towards equipment, training, exercises andplanning; and

WHEREAS, amending the General Fund, 2011 Operating Revenue & Expenditure Budgets byappropriating $78,720 to revenue line item Fed Reimb-St Hmlnd (SHSP FY10), and byappropriating $78,720 to Homeland Sec/Emer Prep-Grants Department various expenditure lineitems is requested;

NOW, THEREFORE:


SECTION 1

The General Fund, 2011 Operating Revenue and Expenditure Budgets are amended byappropriating $78,720 from the State Department of Homeland Security and EmergencyPreparedness Grant as follows:

FUND DEPARTMENT DIVISION OBJECT AMENDMENT

01 GENERAL 4342D Fed Reimb-St Hmlnd (SHSP 10) INCREASE BY $78,720.0001 GENERAL 469 Emerg Prep 4468 SHSP FY06 52800 Professional Services INCREASE BY $13,110.00 01 GENERAL 469 Emerg Prep 4468 SHSP FY06 54125 Employee Training INCREASE BY $13,110.0001 GENERAL 469 Emerg Prep 4468 SHSP FY06 54130 Training Exercises-Expense INCREASE BY $13,140.0001 GENERAL 469 Emerg Prep 4468 SHSP FY06 56500 Machinery & Equipment INCREASE BY $39,360.00





NAYS: None

ABSENT: None



ORDINANCE NO. 11-7


An Ordinance to amend the General Fund, 2011 Operating Revenue &Expenditure Budgets, Homeland Sec/Emer Prep-Grants Department, revenue lineitem Fed Reimb-Urb Area (UASI FY10) and various expenditure line items; andotherwise to provide with respect thereto.

WHEREAS, Plaquemines Parish Government has been awarded a Federal grant (Urban AreaSecurity Initiative - Fiscal Year 2010) through the State Department of Homeland Security andEmergency Preparedness; and

WHEREAS, the purpose of this grant is to allow Parish Government, as a first responder inmatters of Homeland Security, to allocate funds towards equipment, training, exercises andplanning; and

WHEREAS, amending the General Fund, 2011 Operating Revenue & Expenditure Budgets byappropriating $125,600 to revenue line item Fed Reimb-Urb Area (UASI FY10), and byappropriating $125,600 to Homeland Sec/Emer Prep-Grants Department various expenditure lineitems is requested;

NOW, THEREFORE:


SECTION 1

The General Fund, 2011 Operating Revenue and Expenditure Budgets are amended byappropriating $125,600 from the State Department of Homeland Security and EmergencyPreparedness Grant as follows:

FUND DEPARTMENT DIVISION OBJECT AMENDMENT

01 GENERAL 4342C Fed Reimb-St Hmlnd (UASI FY10) INCREASE BY $125,600.0001 GENERAL 469 Emerg Prep 4467 UASI FY10 52800 Professional Services INCREASE BY 31,400.0001 GENERAL 469 Emerg Prep 4467 UASI FY10 54125 Employee Training INCREASE BY 15,700.0001 GENERAL 469 Emerg Prep 4467 UASI FY10 54130 Training Exercises-Expense INCREASE BY 15,700.0001 GENERAL 469 Emerg Prep 4467 UASI FY10 56500 Machinery & Equipment INCREASE BY 62,800.00





NAYS: None

ABSENT: None



SUSPENSION OF RULES

Council Member Lepine moved to suspend any and all rules necessary to add to the Agenda andto consider at today’s meeting Resolutions entitled, “A Resolution authorizing the conditionalapproval, pending a thirty day conditional period, of the application for permit to engage in thesale of liquor and/or beer only in the Parish of Plaquemines for the year 2011, in the name of M &S Oil Services, LLC, Mohammed Cheema, ‘Belle Chasse Shell’, 7876 Highway 23, Belle Chasse,Louisiana, 70037, package-hour - liquor”; and “A Resolution authorizing the conditional

approval, pending a thirty day conditional period, of the application for permit to engage in thesale of liquor and/or beer only in the Parish of Plaquemines for the year 2011, in the name ofCheema One, Inc., Mohammed Cheema, ‘Belle Chasse Conoco’, 8180 Highway 23, Belle Chasse,Louisiana, 70037, package-house - liquor”.

Council Member Buras seconded the motion to suspend the rules.

The Motion having been submitted to a vote, the vote resulted as follows:

YEAS: Council Members Percy P.V. Griffin, Keith Hinkley, Kirk M. Lepine, Stuart J.Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe and Byron T.Marinovich

NAYS: Council Member Marla Cooper

ABSENT: None


And the Motion FAILED on this the 13th day of January, 2011.

Council Member Guey moved to revert to Agenda Item 1-b, “Public Hearing at 1:00 p.m.



Without objections, so ordered.

The Public Hearing came to order at 4:29 p.m.

Mr. Gillett stated that Mr. Cheema has no counsel.

Mr. Barnett stated that Mr. Cheema ‘s counsel was duly served and notified of the Hearing.

Mr. Mike Mullen, Legal Department, stated it was his understanding that it was represented to theParish Council at the onset of the proceedings that Mr. Loeffelholz was in a Council Meeting inDecember and requested a continuance due to his absence from the country to a time when hewould be back. Is that correct?

Mr. Gillet stated that was correct.

Mr. Mullen stated that it was his opinion that the Motion for Continuance should be grantedbecause Mr. Loeffelholz was notified of a hearing some time after he got back from out of thecountry and in his absence the hearing was moved up. He stated he thought we hade some seriousprocedural due process grounds.

Mr. Barnett stated it was handled through his office and that was not exactly the way the calendarfell into place. At the Hearing on December 9, 2010, the Council agreed to continue to the nextavailable meeting. A question was raised by Jerry Hodnett on whether or not Cheema wouldvoluntarily agree not to sell alcohol during that period because Mr. Loeffelholz had explained hewas leaving the country until the end of January. Mr. Cheema chose not to exercise that optionand he said “no” he was going to continue to sell alcohol. The decision was then made that thiswould be set for the next meeting and he believed that was heard by staff, as well as some of theCouncil Members, that unfortunately are not here right now. He then emphasized to Mr. Mullenthat his understanding was not exactly accurate and that the hearing was to be continued to thenext meeting.

Mr. Barnett stated there was a Special Meeting on December 31, 2010, but not withstanding thatmeeting, Mr. Loeffelholz was duly notified and served to be here today and that service wasreceived prior to his departure out of the country. So he was duly notified to be here today.

Mr. Gillet stated that Mr. Loeffelholz was not notified of the December 31, 2010, Meeting.

Ms. Gravolet stated that there was a Special Meeting on December 31, 2010, and neither Mr.Loeffelholz nor Mr. Cheema was notified of that meeting

Mr. Barnett stated the only reason why he mentioned that was because the Council said it wouldbe continued until the next meeting.

Ms. Gravolet stated that was not Mr. Loeffelholz’s understanding. Mr. Loeffelholz was ready toproceed on December 9, 2010, but the Council deferred it. He had filed a Motion to dismiss.

Mr. Barnett stated the pleadings were supplemented and amended and he was duly notified andserved with a hearing date of today.

Council Member Guey asked Mr. Barnett for the document that was served.

Mr. Barnett stated Mr. Loeffelholz was sent copies and he was also given a courtesy call.

Mr. Gillet stated Mr. Loeffelholz was not served.

Mr. Barnett stated that was not true.

Mr. Mullin stated these disagreements as to the factual circumstances as to whether or not Mr.Loeffelholz was served could easily be resolved by the request for continuance being granted. The only thing the Parish would lose is 2 weeks. If the hearing is held the first meeting inFebruary the harm done to the Parish Government is the business remaining open until that time. If you proceed with the hearing today and some of my concerns prove true, then there is apossibility that action taken today could be revoked by a court for lack of procedural due process. That is my opinion and nothing I have heard here today has changed that therefor.

Mr. Barnett stated just so the record is clear Dr. Guey, the Motion to Continue was filed with DonBeshel who denied the Motion for Continuance and Mr. Loeffelholz was notified of that.

Council Member Guey stated the Motion for Continuance was brought to us on December 27,2010, and was denied by a majority of the Council on December 31, 2010.

Mr. Gillet stated he felt in fairness, Mr. Cheema, since he nor Ms. Gravolet represent him, did nothave counsel and therefore, they would not participate in the hearing any further.

Ms. Gravolet stated that if Mr. Cheema was denied the right to have his own counsel that wouldbe a violation of due process and his constitution rights re being affected. She stated they wouldfile an appeal.

Council Member Buras acknowledged Mr. Mullin suggestion to continue the hearing. But if theCouncil continues the hearing there is one fact or question that needs to be addressed and that is neither of these 2 companies currently have a permit to sell alcohol.

Mr. Mullin stated any applicant for renewal is within the sound discretion of the Parish Council.And it would be his opinion that a hearing other than a hearing on the factual evidence of theminors buying alcohol and cigarettes. If it’s a straight up renewal, that a different story, that isa clear case so to speak. He has made the application for renewal. It has to be granted or denied.

Council Member Guey stated it has been recommended that the beer and liquor license be put upfor a vote and proceed accordingly.

Mr. Mullin stated exactly, but he would suggest that if there is any question at a later date as longas the deputies are here that they be brought to the microphone to describe what they found so thatthe Council could duly consider the facts. In his opinion, that would constitutionally appropriate.

Council Member Buras stated we already received a report from the Sheriff’s Office, is thatcorrect?

Mr. Kim Toups, Paralegal for the Council, stated the police reports are attached to each petition.

Council Member Buras suggested that those reports be made a part of the applications foralcoholic beverage licenses to be voted on by the Council.

Council Member Griffin stated he received a letter from the Sheriff’s Department datedNovember, 2010, that stipulated that one of Mr. Cheema’s facilities did not have a alcohol licensesince 2008. I am waiting for the Sheriff’s Office to confirm that. I need to know if that is anactual fact or did he have a license that expired in December, 2010.

Council Member Guey stated it has been suggested that we vote on the beer and liquor licenses. Is that what I am hearing?

Mr. Mullin, replied yes Dr. Guey that is what I suggest.

Council Member Guey asked Council Member Lepine if it was his wish to bring the Sheriff’sOffice forward for any discussion now, or did he wish to bring up the beer and liquor licenses andif is appropriate have then make comments then.

Council Member Lepine replied he wanted to bring up the beer and liquor licenses.

Council Member Guey stated it was Council Member Lepine’s wishes to close the Public Hearingon this matter and go right to the beer and liquor license and allow for anyone in the public tospeak. Is that appropriate or should we allow the pubic to speak during the hearing?

Mr. Mullin suggested that the Motion to Continue be granted. However that does not precludethe discussion and a vote on the renewal of the liquor license straight up or down and it may bethat the hearing is mute by the time it comes up if the Council votes down the liquor license.

Council Member Turner asked if a continuance would be issued?

Council Member Guey replied it is being proposed that we continue the hearing so that Mr.Cheema’s attorney can be present. After we continue the hearing we will go to beer and liquorlicenses. At that time we will discuss our concerns regarding the beer and liquor licenses for Mr.Cheema.

Council Member Guey asked “am I saying anything that is not in concurrence with everyone atthis table”?

Council Member Guey stated a Motion was made by Council Member Lepine to grant the motionand the order of continuance that was received by this Council on December 27, 2010, and a datewill be set for the continuance of these hearings.

Mr. Gillet asked if that date would be after Mr. Loeffelholz returns from Austrailia?

Council Member Guey replied yes.

Council Member Guey asked Mr. Barnett if a vote was required?

Mr. Barnett responded yes.

Council Member Guey asked if it could be done as a “Motion”.

Barnett responded yes.

M O T I O N

Council Member Guey moved to continue the Public Hearing until the February 24, 2011,regularly scheduled Council Meeting.

Council Member Buras seconded the Motion

The Motion having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None


And the Motion was adopted on this the 13th day of January, 2011.

Council Member Guey moved to revert to Agenda Item 3, “Beer and Liquor Licenses”. Withoutobjections, so ordered.


The following Resolution was offered by Council Member Lepine who moved its adoption:

BE IT RESOLVED by the Plaquemines Parish Council that the following application for permitto engage in the sale of liquor and/or beer only in the Parish of Plaquemines for the year 2011 ishereby approved: Cheema One, Inc., “Belle Chasse Conoco”, 8180 Highway 23, Belle Chasse,Louisiana, 70037, package house-liquor.


Council Member Buras seconded the motion to adopt the Resolution.


YEAS: None

NAYS: Council Members Percy P.V. Griffin, Keith Hinkley, Kirk M. Lepine, Stuart J.Guey, Anthony L. Buras, Jeff Edgecombe, Byron T. Marinovich and MarlaCooper

ABSENT: None

PRESENT BUT NOT VOTING: (ABSTAINED) Council Member Burghart Turner



The following Resolution was offered by Council Member Lepine who moved its adoption:

BE IT RESOLVED by the Plaquemines Parish Council that the following application for permitto engage in the sale of liquor and/or beer only in the Parish of Plaquemines for the year 2011 ishereby approved: M & S Oil Services, LLC, “Belle Chasse Shell”, 7876 Highway 23, BelleChasse, Louisiana, 70037, package house-liquor.


Council Member Buras seconded the motion to adopt the Resolution.


YEAS: None

NAYS: Council Members Percy P.V. Griffin, Keith Hinkley, Kirk M. Lepine, Stuart J.Guey, Anthony L. Buras, Jeff Edgecombe, Byron T. Marinovich and MarlaCooper

ABSENT: None

PRESENT BUT NOT VOTING: (ABSTAINED) Council Member Burghart Turner



On motion of Council Member Buras, seconded by Council Member Guey, and on roll call allmembers present voting “Yes”, except Council Member Turner, absent, the following Resolutionwas adopted:

A Resolution to authorize Plaquemines Parish Government, (PPG), through itsattorneys, to forthwith file expropriation actions under authority of La. R.S. 19:1et seq in the 25th Judicial District Court of Plaquemines Parish against landownersto acquire fee interest in certain tracts of land required for State Project No. 838-07-0002, Peters Road Bridge and Extension (Phase I).

WHEREAS, in order to construct State Project No. 838-07-0002, Peters Road Bridge andExtension (Phase I), it is necessary for PPG to acquire in fee certain tracts of lands fromlandowners whose properties adjoin the Project site; and

WHEREAS, PPG has been negotiating with landowners in good faith to acquire necessary tractsof land at appraised fair market values but some landowners have either refused to grant necessaryrights to PPG or have been absentees that PPG has not been able to locate and contact to presentoffers and negotiate acquisitions; and

WHEREAS, it is necessary for PPG to acquire in fee all necessary tracts from landowners to beginconstruction of this Project without delay and have Parish President execute all necessary rightof way documents on behalf of PPG; and

WHEREAS, La. R.S. 19:1 et seq allows PPG to institute expropriation proceedings againstlandowners and have cases tried on expedited basis for judgments of compensation duelandowners and thereafter take title after depositing monies due in registry of court; and

WHEREAS, PPG’s legal department recommends that Plaquemines Parish Council authorize PPGto initiate expropriation proceedings against those landowners that cannot be located or contactedand those that will not grant necessary property rights to PPG to allow this project to proceed;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that Plaquemines Parish Government beauthorized forthwith to file expropriation proceedings under La. R.S. 19:1, et seq to acquirenecessary fee interest in required tracts of land from those landowners along route of State ProjectNo. 838-07-0002, Peters Road Bridge and Extension (Phase I), that refuse to grant PPG necessaryproperty rights and from those landowners that cannot be located or contacted.

BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Parish President isauthorized to execute all necessary right of way documents for this project on behalf of PPG.



On motion of Council Member Buras, seconded by Council Member Guey, and on roll call allmembers present voting “Yes”, except Council Member Turner, Present but not Voting, thefollowing Resolution was adopted:

A Resolution to authorize Plaquemines Parish Government, (PPG), through itsattorneys, to forthwith file expropriation actions under authority of La. R.S. 19:1et seq in the 25th Judicial District Court of Plaquemines Parish against landownersto acquire servitudes for sewer line to be installed pursuant Parish Project No. 07-05-02 styled “Extension of the Belle Chasse Sewage Collection System, BelleChasse Wastewater Treatment Plant to Oakville, Belle Chasse, Louisiana.

WHEREAS, in order to install sewer line under Parish Project No. 07-05-02, which project iscurrently under way, it is necessary to acquire servitudes from landowners for the proposedextension of the Belle Chasse Sewage Collection System; and

WHEREAS, PPG has been negotiating with landowners in good faith to acquire necessary sewerline servitudes at appraised fair market values but some landowners have either refused to grantnecessary rights to PPG or have been absentees that PPG has not been able to locate and contactto present offers and negotiate acquisitions; and

WHEREAS, it is necessary for PPG to acquire in all necessary servitudes from landowners tocomplete this project and avoid any delays that might add to the cost of this project; and

WHEREAS, La. R.S. 19:1 et seq allows PPG to institute expropriation proceedings againstlandowners and have cases tried on expedited basis for judgments of compensation duelandowners and thereafter take possession of servitudes after depositing monies due in registryof court; and

WHEREAS, PPG’s legal department recommends that Plaquemines Parish Council authorizePlaquemines Parish Government to initiate expropriation proceedings against those landownersthat cannot be located or contacted and those that will not grant servitudes to allow this projectwork to proceed to completion;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that Plaquemines Parish Government beauthorized forthwith to file expropriation proceedings under La. R.S. 19:1, et seq to acquirenecessary servitudes from those landowners along route of proposed sewer line under ParishProject No. 07-05-02 that refuse to grant Parish necessary sewer line servitudes and that cannotbe located or contacted.



On motion of Council Member Buras, seconded by Council Member Marinovich, and on roll callall members present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution authorizing Billy Nungesser, Parish President, to enter intonegotiations with Cedar Grove Investments for the acquisition of property inDistrict 5 for the development and implementation of a Public Park and RecreationFacility; and otherwise to provide with respect thereto.

WHEREAS, the Plaquemines Parish Government recognizes the need for a public park andrecreation facility to accommodate the needs of the residents of District 5; and

WHEREAS, the Administration has obtained appraisals on properties in District 5 whose ownershave expressed a willingness to sell to the Parish for a park development;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby authorizes the ParishPresident and his designated representative to negotiate with Cedar Grove Investments for that

portion of property referred to as Lots 4 and 5, Star Plantation, Belle Chasse, La., for theacquisition of property proposed for a park development.


ORDINANCE NO. 11-8

The following Ordinance was offered by Council Member Turner who moved its adoption:

An Ordinance to amend the General Fund, 2010 Operating Expenditure Budget,Parish Council Department, line item Professional Services-Legal; and otherwiseto provide with respect thereto.

WHEREAS, an additional $14,000 is needed for professional services provided by Robert Barnettof the firm Guste, Barnett, Schlesinger, Henderson & Alpaugh, LLP; and

WHEREAS, amending the General Fund, 2010 Operating Expenditure Budget, Parish CouncilDepartment, by appropriating $14,000 to line item Professional Services-Legal from the GeneralFund Unreserved/Undesignated Fund Balance is requested;

NOW, THEREFORE:


SECTION 1

The General Fund, 2010 Operating Expenditure Budget, is amended by appropriating $14,000from the General Fund Unreserved/Undesignated Fund Balance as follows:

FUND GENERAL 01

DEPARTMENT/DIVISION Parish Council 210

OBJECT DESCRIPTION AMENDMENT

52840 PROFESSIONAL SERVICES- LEGAL INCREASE BY $14,000.00


Council Member Griffin seconded the motion to adopt the Ordinance.

YEAS: Council Members Percy P.V. Griffin, Keith Hinkley, Kirk M. Lepine, Stuart J.Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, and Marla Cooper

NAYS: None

ABSENT: None

PRESENT BUT NOT VOTING: (ABSTAINED) Council Member Byron T. Marinovich


Council Member Guey moved to revert to Agenda Item 5, “Introduction of Ordinances andResolutions”. Without objections, so ordered.

a. An Ordinance to amend the Five-Year Capital Improvements Plan for the purchase of theold Joe Brown property/Woodlawn Plantation Tract described as Lots 3, 4, 5 & 6,Woodlawn Plantation, Sections 3 & 4, T15S, R12E, Plaquemines Parish; and otherwiseto provide with respect thereto. COUNCIL MEMBER GRIFFIN


On motion by Council Member Guey, seconded by Council Member Buras, and on roll call allmembers present voting “Yes”, the following Resolution was unanimously adopted:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the minutes of theJuly 8, 2010, Council Meeting, July 22, 2010, Council Meeting, August 9, 2010 (Budget),August 10, 2010 (Budget), and the August 12, 2010 Council Meeting, as recorded by theSecretary of this Council.

There being no further business to come before this Council, on motion of Council Member Buras, seconded by Council Member Hinkley, and on roll call all members present and voting“Yes”, the meeting adjourned at 5:45 p.m.

Chairman

Secretary

Minutes of a meeting of the Plaquemines Parish Council, as the sole governing authority of thePlaquemines Parish Port, Harbor and Terminal District, held in the Plaquemines Parish TemporaryCourthouse, 450 F. Edward Hebert Blvd., Belle Chasse, Louisiana, on Thursday, January 13, 2011, at 5:45 p.m. pursuant to notice to all members with a quorum present as follows:

PRESENT: Council Member Stuart J. Guey, ChairmanCouncil Member Marla Cooper, Vice-ChairmanCouncil Member Percy “P.V.” GriffinCouncil Member Keith M. HinkleyCouncil Member Kirk M. LepineCouncil Member Anthony L. BurasCouncil Member Burghart TurnerCouncil Member Jeff EdgecombeCouncil Member Byron T. Marinovich

Melissa P. LeBlanc, Secretary

ABSENT: None

Mr. Billy Nungesser, Parish President is absent.

Mr. Steve Braud, Lead Parish Attorney, was present representing Administration.

The Pledge of Allegiance was dispensed with.

Introduction of Ordinances and Resolutions.

a. A Resolution authorizing the Parish President, Billy Nungesser to prepare and publish anadvertisement for the selection of a consultant to assist the Parish Government with theimplementation of the Parish’s Port Master Plan for Development; and otherwise toprovide with respect thereto. COUNCIL MEMBER BURAS

b. A Resolution to continue in force the contract with the Chesapeake Group, LLC, to itscurrent expiration date; to authorize the Parish President to prepare and receive requestsfor proposals from firms interested in providing such professional services thereafter; andotherwise to provide with respect thereto. COUNCIL MEMBER BURAS

c. An Ordinance amending and re-enacting Rules 4, 5 & 6 of Chapter II of Section 2-18 ofthe Code of Ordinances for Plaquemines Parish, Louisiana, to create a Port Committee andCommittee Chairperson; to establish a Chairperson of the Port; and otherwise to providewith respect thereto. COUNCIL MEMBER GUEY

d. A Resolution electing Council Member Anthony Buras as Plaquemines Port, Harbor &Terminal District Chairperson; and otherwise to provide with respect thereto. COUNCILMEMBER GUEY

e. A Resolution appointing the members of the Plaquemines Port, Harbor & TerminalDistrict Committee; and otherwise to provide with respect thereto. COUNCIL MEMBERGUEY

f. A Resolution electing Council Member Byron Marinovich as Plaquemines Port, Harbor &Terminal District Vice-Chairperson; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY


On motion of Council Member Buras, seconded by Council Member Lepine, and on roll call allmembers present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution authorizing and directing the Plaquemines Port, Harbor andTerminal District Chairman, Stuart Guey, and the Port Manager, John L. Pennison,to enter into an agreement on behalf of the Plaquemines Port, Harbor and TerminalDistrict with the Plaquemines Parish Sheriff’s Office relative to Port security andgrant application; and otherwise to provide with respect thereto.

WHEREAS, the Plaquemines Port, Harbor and Terminal District is in need of security for itsbuildings and grounds; and

WHEREAS, the Plaquemines Parish Sheriff has offered his services; and

WHEREAS, the Plaquemines Parish Sheriff may be eligible for a federal grant relative to thesecurity services it will provide to the Port;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Port, Harbor and Terminal District that it herebyauthorizes and directs the Chairman, Stuart Guey, and the Port Manager, John L. Pennison, toenter into an agreement on behalf of the Plaquemines Port, Harbor & Terminal District with thePlaquemines Parish Sheriff’s Office relative to Port security and grant application.



On motion of Council Member Guey, seconded by Council Member Buras, and on roll call allmembers present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution accepting the final draft of the Master Plan for Port Development byTrident Holdings, Inc.; and otherwise to provide with respect thereto.

WHEREAS, by agreement entered into on November 16, 2009, amended on April 8, 2010, thePlaquemines Parish Council, as the governing authority for the Plaquemines Port, Harbor &Terminal District, commissioned the firm of Trident Holdings, Inc. to prepare a Master Plan forport development for the Plaquemines Port; and

WHEREAS, Trident Holdings, Inc. Has completed the proposed plan and final draft under theAgreement and has presented electronic copies of the proposed plan to the Parish Government forits review, consideration and endorsement;

NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it hereby accepts the final draft of thePort Master Plan submitted by Trident Holdings, Inc., dated October 21, 2010, for thePlaquemines Port, Harbor & Terminal District, as per the electronic copies on file with theCouncil Secretary and the Parish Attorney’s Office.

BE IT FURTHER RESOLVED that it hereby authorizes the Parish President, William “Billy”Nungesser, to pay Trident Holdings, Inc. the remaining balance of the contract.


There being no further business to come before this Council, sitting as the sole governingauthority of the Plaquemines Port, Harbor and Terminal District, on motion of Council MemberBuras, seconded by Council Member Hinkley, and on roll call all members present and voting“Yes”, the meeting adjourned at 6:16 p.m.

Chairman Secretary

minutes of a meeting of the plaquemines parish council...

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