p r o c l a m a t i o n - plaquemines parish, louisiana · minutes of a meeting of the plaquemines...

Minutes of a meeting of the Plaquemines Parish Council held in the Plaquemines Parish Temporary Courthouse, 450 F. Edward Hebert Blvd., Belle Chasse, Louisiana, on Thursday, January 8, 2009, at 1:25 p.m. pursuant to notice to all members with a quorum present as follows:

PRESENT: Council Member Lynda G. Banta, Chairman Council Member Don Beshel, Vice-Chairman Council Member Keith Hinkley Council Member Jerry Hodnett Council Member Stuart J. Guey Council Member Anthony L. Buras, Jr. Council Member Burghart Turner Council Member John J. Friedman Council Member Marla Cooper Melissa P. LeBlanc, Secretary

ABSENT: None

Mr. Billy Nungesser, Parish President, is absent. Mr. Gary S. Ragas, Director of Administration, Mr. Byron Williams, Director of Public Services, and Mr. Scott Lott, Director of Operations, are present representing Administration. The Pledge of Allegiance was led by the Belle Chasse Cardinals and the South Plaquemines Hurricanes Football Team. Council Member Banta moved to advance to Agenda Item 4a, “Proclamations”. Without objections, so ordered.

P R O C L A M A T I O N

On motion of Council Member Hodnett, seconded by All Council Members, and on roll call all members present and voting “Yes”, the following Proclamation was unanimously adopted:

A Proclamation declaring January 8, 2009, as “BELLE CHASSE FIGHTING CARDINALS DAY” in the Parish of Plaquemines.

WHEREAS, after hard work and dedication, the Belle Chasse Highschool Football Team completed a successful season and won the 2008 Class 4-A State Championship; and WHEREAS, through team effort, outstanding coaching, hard work and the love and support of their parents, the Cardinals were able to bring home a Championship to Plaquemines Parish; and WHEREAS, the Plaquemines Parish Government and the citizens of Plaquemines Parish wish to congratulate the Belle Chasse Fighting Cardinals Football Team for their outstanding achievements and accomplishments in the year 2008; NOW, THEREFORE: BE IT PROCLAIMED by the Plaquemines Parish Council represented by its duly authorized Chairman, Lynda G. Banta, and by concurrence of the Parish President, Billy Nungesser, representing the Plaquemines Parish Government that it hereby declares January 8, 2009, as

“BELLE CHASSE FIGHTING CARDINALS DAY” in the Parish of Plaquemines and extends its congratulations to the Belle Chasse Fighting

Cardinals Quadry Antoine, Justin Arendt, Kevin Barthelemy, Manuel Black, Steven Blair, Zach Blair, Tre’ Bookard, Chance Boudreaux, Brad Brooks, Junian Brooks, Randy Brooks, Darrius Carroll, Tyler Chauvin, Kenneth Robert Cook, James Davis, Michael Dion, Cody Dove, Lance Dunbar, Dylan Durr, Adam Fitzgerald, Nathan Fitzgerald, Asphenn Gaines, Eric Garrod, Charles Granger, Brett Green, Cody Hillers, Garland Ingraham, Devin James, Justin Jasper, Sage Jones, Andrew Karl, Kerchten LaFrance, Logan LeJeune, Bryce Lewis, Brandon Lunsford, Michael Mariana, Brian Marshall, Blake Matherne, Brock Matherne, Mark Matthews, Sean Matthews, Travis Meinhardt, Chance Meyers, Cameron Miller, Dillon Moak, Donald Mouton, Scott Munkres, Blake Newberry, Cody Orgeron, Cory Parks, Zachery Parrott, Anaquan Peterson, Otis Peterson, Jared Powell, Kim Prout, Clint Ragas, Jalen Riley, Ronald Robichaux, Kerrell Robinson, Jack Rogers, Lyle Ruggles, Matt Scarabin, Arwin Simeon, James Sliger, Clayton Sylve, Andrew Tadlock, Tre’ Taylor, Matthew Tesvich, Taren Turner, Emilio Vess, Jeremy Vujnovich, Justin Walk, Blain Wallace, Steven Woodall, Joshua Woolsey, James Wright, Cory Zulli, and Coaches Mr. Bob Becnel, Mr. Brian Bourgeois, Mr. Geoffrey Bourgeois, Mr. Josh Euper, Mr. Clint Harrison, Mr. Vernon Homer, Mr. Lucien Stamps, Mr. Buddy Turnage and Manager Mr. Dereck McNeil.

Given under my hand and the seal of the Parish of Plaquemines on this the 8th day of January, 2009.

/s/ Billy Nungesser BILLY NUNGESSER, PARISH PRESIDENT LYNDA G. BANTA, COUNCIL CHAIRMAN

/s/ Lynda G. Banta

Council Member Banta moved a recess at 1:40 p.m. The Meeting came back to order at 1:50 p.m., with all member present. Council Member Banta moved to advance to Agenda Item 6-j, “A Resolution expressing support for a joint land use study among Naval Air Station Joint Reserve Base New Orleans and the surrounding Plaquemines and Jefferson Parishes”. Without objections, so ordered.

R E S O L U T I O N NO. 09-1

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

A Resolution expressing support for a joint land use study among Naval Air Station Joint Reserve Base New Orleans and the surrounding Plaquemines and Jefferson Parishes.

WHEREAS, it is mutually recognized that the continued operation of Naval Air Station Joint Reserve Base New Orleans (NAS JRB New Orleans) is important to national defense and to the economics of the State of Louisiana and the New Orleans region; and WHEREAS, it agrees that the current and future missions and operations of NAS JRB New Orleans should be preserved and protected; and WHEREAS, the communities signing below and NAS JRB New Orleans wish to engage in a cooperative planning effort, known as a Joint Land Use Study (JLUS), to guide future community growth and development that is compatible with the missions of NAS JRB New Orleans; and WHEREAS, it is recognized that participation in and development of the JLUS would also benefit the health, safety and general welfare of the citizens of Plaquemines and Jefferson Parishes; and WHEREAS, on December 11, 2008 Plaquemines Parish Council authorized Plaquemines Parish to serve as the sponsoring agency for the JLUS and to apply for designated funding from the Department of Defense Office of Economic Adjustment; NOW, THEREFORE:

BE IT RESOLVED by the Plaquemines Parish Council that it does hereby agree to participate in the JLUS and commit to a good faith effort to implement the JLUS recommendations. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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. Council Member Banta moved to advance to Agenda Item 6-e, “A Resolution authorizing the advertising for sealed bids for the purchase of Eleven Million Eight Hundred Fifty Thousand Dollars ($11,850,000) of Revenue Bonds, Series 2009 of the Parish of Plaquemines, State of Louisiana, and providing for other matters in connection therewith”. Without objections, so ordered.

Council Member Banta moved to advance to Agenda Item 7-f, “Discussion by Mr. Darryl Bubrig”. Without objections, so ordered.


On motion of Council Member Banta, seconded by Council Member Buras, and on roll call all members present voting “Yes”, the following Resolution was unanimously adopted: BE IT RESOLVED by the Plaquemines Parish Council that it hereby resolves itself into Executive Session for the purpose of hearing a report and recommendations and strategy advice for the management of litigation from its attorney concerning pending litigation entitled “Progressive as subrogee of Gilbert Ragas, Jr. v. Robert D. Carlisle and PPG, 25th JDC, Case No. 54-173, Division “B”; it being the sense of the Plaquemines Parish Council and its attorney that hearing said reports, recommendations, and advice in open session would have a detrimental effect on the Plaquemines Parish Council’s bargaining and litigating position. The Council resolved itself into Executive Session at 2:40 p.m. The Council came out of Executive Session at 2:55 p.m. with no final or binding action having been taken during Executive Session. Council Member Banta moved to advance to Agenda Item 7-k, “Discussion by Ms. Michelle Tassin regarding combination Paid/Volunteer Fire Department”. Without objections, so ordered.

SUSPENSION OF RULES

Council Member Beshel moved to suspend any and all rules necessary to add to the Agenda and to consider at today’s meeting under Item 7, New Business, “Discussion of the borrow pit in Phoenix”. Council Member Friedman seconded the motion to suspend the rules.

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

YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, John J. Friedman, Lynda G. Banta and Marla Cooper

NAYS: None

ABSENT: None

PRESENT BUT NOT VOTING: None

And the Motion was adopted on this the 8th day of January, 2009.

ORDINANCE NO.

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

An Ordinance to prohibit vehicles from blocking any entrances or driveways along Avenue G, Belle Chasse, Louisiana; to establish a penalty for the violation thereof; authorizing the installation of signs to read “No Blocking Entrances and Driveways” with the Ordinance No. printed on the signs; and otherwise to provide with respect thereto.

WHEREAS, the owners of Jake’s Place have expressed concerns regarding vehicles in the ferry line blocking the entrance of the business’s parking lot which makes it extremely difficult for customers to enter and exit; and WHEREAS, the vehicles in the ferry line also make it extremely difficult for residents to obtain access to their homes and property and could possibly hamper the efforts of emergency services;

NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby declares Avenue G a “No Blocking Entrances and Driveways” Zone and hereby prohibits vehicles from blocking the entrance in front of any business or residential driveways, excluding emergency vehicles, in this area.

SECTION 2

Any person who violates any of the provisions of this Ordinance shall be responsible for the expense of having the vehicle towed and fined an amount not to exceed One Hundred ($100.00) and No/100 Dollars or imprisoned for not more than fifteen (15) days in the Parish Jail or both fined and imprisoned at the discretion of the Court.

SECTION 3

It hereby authorizes the Parish President to have signs installed at the appropriate locations on Avenue G to read “No Blocking Entrances and Driveways” with the Ordinance No. printed on the signs.

SECTION 4

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Buras seconded the motion to adopt the Ordinance. Council Member Guey withdrew the proposed Ordinance.

ORDINANCE NO.

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

An Ordinance to name Avenue G as the official street to access the Belle Chasse Ferry; to establish the penalty for the violation thereof; authorizing the installation of large signs at appropriate locations; and otherwise to provide with respect thereto.

WHEREAS, it has come to the attention of the Plaquemines Parish Council that there are vehicles parking down both sides of Main Street to access the ferry line on Avenue G, obstructing the view and traffic flow; and WHEREAS, to alleviate any safety hazards, it is necessary that one line is formed to access the Belle Chasse Ferry; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby names Avenue G as the official street to access the Belle Chasse Ferry. Vehicles will not be allowed to turn from Main Street onto Avenue G to access the ferry when the ferry line is past Main Street.

SECTION 2

Any person found in violation of the provisions of this Ordinance by a court of competent

jurisdiction shall be fined not more than one hundred ($100.00) dollars or imprisoned for not more than thirty (30) days in the Parish jail or both fined and imprisoned at the discretion of the court.

SECTION 3

It hereby authorizes the Parish President to direct the Sign Department to large signs at the appropriate locations.

SECTION 4

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Buras seconded the motion to adopt the Ordinance. Council Member Guey withdrew the proposed Ordinance.

ORDINANCE NO.

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

An Ordinance authorizing and directing the Parish President, Billy Nungesser, to remove the PW monies dedicated for the Association of Special Needs Citizens’ building that was destroyed during Hurricane Katrina from the Port Sulphur Government Building in order that said building can be rebuilt exactly where it was previously located at the Delta Day Center, Nairn, Louisiana; and otherwise to provide with respect thereto.

WHEREAS, the Association of Special Needs Citizens’ building was destroyed during Hurricane Katrina; and WHEREAS, PW monies was designated by FEMA; and WHEREAS, the Administration, along with some Council Members have decided that the Association of Special Needs Citizens should be combined and relocated into the Port Sulphur Government Building; and WHEREAS, the Association of Special Needs Citizens should not be relocated and should be rebuilt with the designated PW monies from FEMA in the exact same location; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby authorizes and directs the Parish President, Billy Nungesser, to remove the PW monies dedicated for the Association of Special Needs Citizens’ building that was destroyed during Hurricane Katrina from the Port Sulphur Government Building in order that said building can be rebuilt where it was previously located at the Delta Day Center, Nairn, Louisiana;

SECTION 2

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole.

Council Member Friedman seconded the motion to adopt the Ordinance. Council Member Turner moved to defer the proposed Ordinance.


On motion of Council Member Buras, seconded by Council Member Beshel, and on roll call all members present voting “Yes”, the following resolution was unanimously adopted:

A Resolution authorizing the renewal of the contract for disposal of surplus vehicles and equipment on an as needed basis through public auction conducted by Henderson Auctions for an additional year.

WHEREAS, by Resolution No. 07-372, the Plaquemines Parish Council accepted the contract of Henderson Auctions, to pick up and dispose of surplus and junked equipment and vehicles for a period of one year, beginning October 25, 2007 and ending December 31, 2008; and WHEREAS, it is the recommendation of the Purchasing Agent that the Parish Government dispose of the surplus equipment and vehicles through public auction, and renew the contract with Henderson Auctions to pick up and dispose of surplus and junked equipment and vehicles, on a periodic basis, as directed by the Purchasing Department; and WHEREAS, A list of equipment to be sold will be advertised in the Plaquemines Parish Gazette as per Louisiana state law requirements and the list of equipment will be on file in the Purchasing Department office; NOW, THEREFORE:

BE IT RESOVLED by the Plaquemines Parish Council that it hereby authorizes its Purchasing Agent to dispose of surplus equipment and vehicles, through public auction, on an as needed basis and further authorizes Henderson Auctions, on an as needed basis, to pick up and sell this equipment at public auction for an additional year beginning with the adoption of this resolution and ending December 31, 2009. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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 Banta, seconded by Council Member Buras, and on roll call all members present voting “Yes”, the following Resolution was unanimously adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following applications for permit to engage in the sale of liquor and/or beer only in the Parish of Plaquemines for the year 2009 are hereby approved: The Clubhouse Bar & Grill, Inc., “Clubhouse Bar”, 8133 Belle Chasse Hwy., Belle Chasse, LA., 70037, retail saloon-liquor; Beers R Us, LLC, “Seatrain Tavern”, 9080 Hwy. 23, Belle Chasse, LA., 70037, retail saloon-liquor; “Captain Larry’s”, 11334 Hwy. 23, Belle Chasse, LA., 70037, package house-beer only; “Captain Larry’s Kitchen”, 11334 Hwy. 23, Suite A, Belle Chasse, LA., 70037, retail saloon-beer only; Myrtle Grove Marina, LLC, P.O. Box 531, Belle Chasse, LA., 70037, “Myrtle Grove Marina”, 161 Marina Road, Myrtle Grove, LA., 70083, retail saloon-beer only; Myrtle Grove Marina, LLC, P.O. Box 531, Belle Chasse, LA., 70037, “Myrtle Grove Marina, LLC”, 161 Marina Road, Myrtle Grove, LA., 70083, retail saloon-liquor; B & C Ventures, Inc., “Myrtle Grove Bar”, 17509 Hwy. 23, Myrtle Grove, LA., 70083, retail saloon-liquor. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that it hereby grants a one-day liquor permit to the Buras Volunteer Fire Department, to sell alcohol at the Oilfield Crawfish Boil-Off which on Saturday, April 18, 2009, at the Kelly Hingle Park

at Fort Jackson, Buras, Louisiana. The Buras Volunteer Fire Department will also need access to the Park to set up and take down activities from April 12-25, 2009. 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 applications for permit.


On motion of Council Member Buras, seconded by Council Member Beshel, and on roll call all members present voting “Yes”, except Council Members Hodnett, present but not voting, the following Resolution was adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following application for construction permits in the Parish of Plaquemines is hereby approved: Swift Energy Operating, L.L.C., Application No. O-2008-95, dated April 4, 2008, to wheel-wash, install pile clusters and shell pad, drill the S.L. 1753 Well B and install well head protector, Lake Washington Field; B&A Materials, Inc., Application No. O-2008-100, dated April 10, 2008, for sand dredging and stockpiling, Deadman Lane, Boothville; Swift Energy Operating, LLC, Application No. O-2008-267, dated July 24, 2008, to dredge, install pile clusters and shell pad, drill the S.L. 18912 Well B, install keyway and well head protector, Lake Washington Field; Swift Energy Operating, LLC, Application No. O-2008-269, dated July 24, 2008, to dredge, install pile clusters and shell pad drill the LL&E Well A, install keyway and well head protector, Lake Washington Field; Gulf South Pipeline Company, LP, Application No. O-2008-332, dated September 24, 2008, to lower 8" and 16" natural gas pipeline, Quarantine Bay; Swift Energy Operating, LLC, Application No. O-2008-334, dated September 25, 2008, to prop-wash slip, install pile clusters and shell pad, drill the S.L. 17990 Well C, install keyway and well head protector, Lake Washington Field; Swift Energy Operating, Application No. O-2008-360, dated November 17, 2008, to excavate, install pile clusters and shell pad, drill the CM Well No. XX, lower 6" pipelines and install well protection structure, Lake Washington Field; Harvest Oil & Gas, LLC, Application No. O-2008-363, dated November 17, 2008, to wheel-wash, install pile clusters, drill the SL 195 QQ Well No. 214 and install well head protector, Main Pass Area, Revised, Block 53; Eustis Engineering, Application No. O-2008-375, dated December 10, 2008, to drill one soil boring, 28028 Highway 23, Port Sulphur; Shell Pipeline Company, Application No. O-2008-377, dated December 10, 2008, to cut and cap a section of the Delta 16" pipeline, Canal 43, Eastbank of Mississippi River, Boothville Area; Dune Operating Company, Application No. O-2008-378, dated December 11, 2008, to install production platforms and walkway, Garden Island Bay Field.


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

A Resolution approving the issuance of a special permit to Leonard Riley for the construction of a storage shed on property located in a FP (Flood Plain) Zoning District at 124 Giraud St., Port Sulphur, Louisiana, all in accordance with Application No. B-2008-1188, dated December 15, 2008.

WHEREAS, Leonard Riley applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. B-2008-1188, dated December 15, 2008) for a permit to construct a storage shed on property located at 124 Giraud St., Port Sulphur, Louisiana; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Leonard Riley for the construction of a storage shed on property located in a FP (Flood Plain) Zoning District at 124 Giraud St., Port Sulphur, Louisiana, all in accordance with Application No. B-2008-1188, dated December 15, 2008.

BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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 Turner, seconded by Council Member Buras, and on roll call all members present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution approving the issuance of a special permit to Susan Martinez for the raising of an existing camp on property located in a FP (Flood Plain) Zoning District at 125 Gator Road, Port Sulphur, Louisiana, all in accordance with Application No. B-2008-1203, dated December 23, 2008.

WHEREAS, Susan Martinez applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. B-2008-1203, dated December 23, 2008) for a permit to raise an existing camp on property located at 125 Gator Road, Port Sulphur, Louisiana; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Susan Martinez for the raising of an existing camp on property located in a FP (Flood Plain) Zoning District at 125 Gator Road, Port Sulphur, Louisiana, all in accordance with Application No. B-2008-1203, dated December 23, 2008. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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 Beshel, and on roll call all members present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution approving the issuance of a special permit to Halliburton for the construction of a new office/bunkhouse on property located in a FP (Flood Plain) Zoning District at 413 Coast Guard Road, Venice, Louisiana, all in accordance with Application No. B-2008-1137, dated December 1, 2008.

WHEREAS, Halliburton applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. B-2008-1137, dated December 1, 2008) for a permit to construct a new office/bunkhouse on property located at 413 Coast Guard Road, Venice, Louisiana; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Halliburton for the construction of a new office/bunkhouse on property located in a FP (Flood Plain) Zoning District at 413 Coast Guard Road, Venice, Louisiana, all in accordance with Application No. B-2008-1137, dated December 1, 2008. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this

Resolution and that 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 Friedman, seconded by Council Member Beshel, and on roll call all members present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution approving the issuance of a special permit to Alfredo DiGregorio for the construction of a new residence on property located in a FP (Flood Plain) Zoning District at #10 North Bay Adams, Empire, Louisiana, all in accordance with Application No. B-2008-1178, dated December 15, 2008.

WHEREAS, Alfredo DiGregorio applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. B-2008-1178, dated December 15, 2008) for a permit to construct a new residence on property located at #10 North Bay Adams, Empire, Louisiana; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Alfredo DiGregorio for the construction of a new residence on property located in a FP (Flood Plain) Zoning District at #10 North Bay Adams, Empire, Louisiana, all in accordance with Application No. B-2008-1178, dated December 15, 2008. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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.

SUSPENSION OF RULES

Council Member Beshel moved to suspend any and all rules necessary to add to the Agenda and to consider at today’s meeting a Resolution entitled “A Resolution approving the issuance of a special permit to The Country Pantry for the construction of a grocery store on property located in an A-2 (Rural and Agricultural) Zoning District at 16521 Hwy. 15, Davant, Louisiana, all in accordance with Application No. B-2008-1041, dated October 21, 2008". Council Member Hinkley seconded the motion to suspend the rules. The Motion having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None




On motion of Council Member Beshel, seconded by Council Member Banta, and on roll call all members present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution approving the issuance of a special permit to The Country Pantry for the construction of a grocery store on property located in an A-2 (Rural and Agricultural) Zoning District at 16521 Hwy. 15, Davant, Louisiana, all in accordance with Application No. B-2008-1041, dated October 21, 2008.

WHEREAS, The Country Pantry applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. B-2008-1041, dated October 21, 2008) for a permit to construct a grocery store on property located at 16521 Hwy. 15, Davant, Louisiana; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to The Country Pantry for the construction of a grocery store on property located in a A-2 (Rural and Agricultural) Zoning District at 16521 Hwy. 15, Davant, Louisiana, all in accordance with Application No. B-2008-1041, dated October 21, 2008. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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. Council Member Banta moved to advance to Agenda Item 7-c, “Status Report on District 6". Without objections, so ordered. Introduction of Ordinances and Resolutions. a. A Resolution authorizing and directing the Parish President, Billy Nungesser, to

enter into a rental agreement with A Storage Inn #9, for the rental of storage space for the Plaquemines Parish Government Office of Emergency Preparedness; and for the Plaquemines Parish Government Finance Department to issue the necessary rental payments; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY

b. A Resolution requesting Parish President, Billy Nungesser, to solicit proposals

for a feasibility traffic study off of Highway 23, including the area bounded by Highway 23, East Third Street, Avenue H, Main Street, Avenue G, Broad Street and the Mississippi River; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY

c. An Ordinance to amend the Public Health Fund, 2009 Operating Expenditure

Budget, Health Department, line item Professional Services; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS

d. An Ordinance to amend and re-adopt Ordinance No. 90-101, adopted June 14,

1990, and Ordinance No. 90-209, adopted December 13, 1990, and in compliance with La. Revised Statutes 18:552, which states no precinct shall contain less than 300 registered voters, District 6, Precincts 1, 3 and 4, fall within the provision of said statute, therefore, they are merged into one district which shall be designated District 6, Precinct 1, for Plaquemines Parish Council District 6, Precinct 1, and the Plaquemines Parish School Board District 6, Precinct 1 and the designated boundaries and polling place of District 6, Precinct 1; and otherwise to provide with respect thereto. COUNCIL MEMBER TURNER

e. An Ordinance appropriating the sum of $___________ from the General Fund

Unreserved/ Undesignated Fund Balance to support additional work authorized under previously approved Ordinance No. 08-186; and otherwise to provide with respect thereto. COUNCIL MEMBER FRIEDMAN

f. An Ordinance to amend and re-adopt Ordinance No. 90-101, adopted June 14,

1990, and Ordinance No. 90-209, adopted December 13, 1990, and in compliance with La. Revised Statutes 18:552, which states no precinct shall contain less than 300 registered voters, District 7, Precinct 3, fall within the provision of said statute, therefore, it is merged with District 7, Precinct 1 and shall be designated District 7, Precinct 1, for Plaquemines Parish Council

District 7, Precinct 1 and the Plaquemines Parish School Board District 7, Precinct 1 and the designated boundaries and polling place of District 7, Precinct 1; and otherwise to provide with respect thereto. COUNCIL MEMBER FRIEDMAN

g. An Ordinance approving a plan of resubdivision of a portion of former John J.

Vogt Property, Pilgrim Rest Division, Homeplace, Plaquemines Parish, Louisiana, into Lots 1 through 10, Pilgrim Rest Division, Homeplace, Plaquemines Parish, Louisiana, as shown on the plans and plat of survey by Dufrene Surveying & Engineering, Inc., dated March 10, 2008, the owner having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines, without cost to the Plaquemines Parish Government or the Parish of Plaquemines. COUNCIL MEMBER FRIEDMAN

h. An Ordinance to amend the 2008 Revenue and Expenditure Budgets; and

otherwise to provide with respect thereto. COUNCIL MEMBER BANTA i. An Ordinance to amend the 2009 Manpower Structure and Operating

Expenditure Budget in accordance with recommendations from the Civil Service Department; and otherwise to provide with respect thereto. COUNCIL MEMBER BANTA

j. An Ordinance to amend the General Fund, 2009 Operating Revenue &

Expenditure Budgets, Emergency Preparedness Department, revenue line item Fed Reimb-Coop Endv/Hmlnd Sec and expenditure line items Rentals/Buildings and Travel and Other Employee Expenses; and otherwise to provide with respect thereto. COUNCIL MEMBER BANTA

k. An Ordinance to authorize and approve a Pipeline Right-of-Way Agreement

with Harvest Oil & Gas, LLC, for one - four (4") inch pipeline identified as Plaquemines PL-09-1, across Parish-owned properties located in Section 5, Township 20 South, Range 19 East, Grand Bay Field, Grand Prairie Levee District; to serve the bottom-hole location of State Lease 195 - GPLD “A” No. 191 Well; to authorize the Parish President to execute the Pipeline Right-of-Way Agreement; and otherwise to provide with respect thereto. COUNCIL MEMBER BANTA

l. An Ordinance to amend and re-adopt Ordinance No. 90-101, adopted June 14,

1990, and Ordinance No. 90-209, adopted December 13, 1990, and in compliance with La. Revised Statutes 18:552, which states no precinct shall contain less than 300 registered voters, District 9, Precinct 3, falls under this statute, and it will be merged with District 9, Precinct 1, and shall be designated as District 9, Precinct 1, for Plaquemines Parish Council District 9, Precinct 1, and the Plaquemines Parish School Board District 9, Precinct 1, and the designated boundaries and polling place of District 9, Precinct 1; and otherwise to provide with respect thereto. COUNCIL MEMBER COOPER

m. An Ordinance to amend the Five-Year Capital Improvements Plan for the

Venice Marina Phase I Improvement Project; and otherwise to provide with respect thereto. COUNCIL MEMBER COOPER

Council Member Banta moved to advance to Agenda Item 6a-6, “An Ordinance to amend Ordinance No. 95-315 regarding the “Probability Growth Model” for the Belle Chasse Drainage District by adding a new Section 1A thereto”. Without objections, so ordered.

ORDINANCE NO. 09-1

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

An Ordinance to amend Ordinance No. 95-315 regarding the “Probability Growth Model” for the Belle Chasse Drainage District by adding a new Section 1A thereto.

WHEREAS, the Plaquemines Parish Council adopted Ordinance No. 95-315 regarding a “Probability Growth model” for the Belle Chasse Drainage District by Ordinance adopted August 24, 1995; and

WHEREAS, it is now necessary to amend Ordinance No. 95-315 to modify the growth model within Growth Area 4, as set forth in Ordinance No. 95-315, subject to certain restrictions and requirements as hereinafter set forth; and NOW, THEREFORE: BE IT ORDAINED by the Plaquemines Parish Council that Ordinance No. 95-315 is hereby amended to add a new Section 1A to read as follows:

SECTION 1

Notwithstanding the provisions of Section 1 herein, within Growth Area 4, the following densities and minimum lot square footages are authorized within a Development on the conditions set forth herein: 1. “Development” shall mean the phased permitting, approval and construction of

streets and utilities under a comprehensive plan for the construction of residential lots or not less than seventy five (50) acres of land in Growth Area 4. Growth Area 4 is described in Plaquemines Parish Ordinance No. 95-315.

2. Twenty-five (25%) percent of the lots (allowable under the Growth Model or

3.5 per acre) within a development may contain a minimum of 8,000 square feet of lot area, and such lots shall be located on not more than twenty (20%) percent of the land area within the development.

3. The development shall obtain a zoning designation which is appropriate for the

proposed land use. 4. The average lot size within a development shall equal or exceed 12,000 square

feet, and the maximum density of the development shall be no greater than what is allowed under the Growth Model (3.5 per acre).

5. A development utilizing this provision shall provide green space equal to a

minimum of five (5%) percent of the acreage within the development;

SECTION 2

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Buras seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:

YEAS: Council Members Keith Hinkley, Stuart J. Guey, Anthony L. Buras, Lynda G. Banta and Marla Cooper

NAYS: Council Members Jerry Hodnett and John J. Friedman

ABSENT: None

ABSTAINED: Council Members Don Beshel and Burghart Turner

And the Ordinance was adopted on this the 8th day of January, 2009.

ORDINANCE NO. 09-2


An Ordinance to amend and amended to readopt Section IV of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended, and the “Comprehensive Zoning District Map” therein adopted by reference and which is paraphed thereto, with reference to Application No. ZMP-2008-9, dated July 2, 2008.

BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

Subsection 2 of Section IV of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended, and the “Comprehensive Zoning District Maps” therein adopted by reference and which is paraphed thereto, are hereby amended and as amended readopted so that the following described property is hereby rezoned from R-1AB (Single Family Residential) Zoning District to R-1B (Single Family Residential) Zoning District:

A CERTAIN PARCEL OF GROUND, together with all improvements thereon, and all rights, ways, privileges, servitudes, appurtenances, and advantages thereunto belonging and apperaining, situated in Township 14 South, Range 24 East, Section 2 and Township 14 South, Range 25East, Section 9, Plaquemines Parish Louisiana, on the west bank of the Mississippi River, being a portion of Tract 3-D-1 of Belle Chasse Plantation, and more fully described as follows:

Commencing the point of intersection with the easterly or riverside line of the Cutoff-Belle Chasse (Woodland) Highway with the southerly right of way line of the Planters Canal said intersection having a 1983 Louisiana South Zone Coordinate of X=3,705,119.58 feet and Y=506,453.77 feet; thence South 4 degrees 56 minutes 52 seconds West, along the easterly line of Woodland Highway, for a distance of 29.97 feet to a point; thence continuing along the easterly line of Woodland Highway, South 2 degrees 04 minutes 47 seconds West for a distance of 559.91 feet to a point; thence North 79 degrees 05 minutes 17 seconds East for a distance of 1314.03 feet to a point; thence North 86 degrees 21 minutes 00 seconds East for a distance of 492.67 feet to a point; thence North 3 degrees 39 minutes 00 seconds East for a distance of 60.00 feet to the POINT OF BEGINNING;

Thence North 3 degrees 39 minutes 00 seconds East for a distance of 218.51 feet to a point;

Thence North 29 degrees 00 minutes 53 seconds east for a distance of 248.51 feet to a point;



Thence in a southeasterly direction along a curve to the right having a radius of 970.00 feet for an arc length of 197.26 feet to the point of tangency;

Thence South 64 degrees 24 minutes 02 seconds East for a distance of 180.00 feet to a point;

Thence South 25 degrees 35 minutes 25 seconds West for a distance of 328.21 feet to a point;


Thence South 86 degrees 21 minutes 00 seconds West for a distance of 426.44 feet to the POINT OF BEGINNING.

The above described area contains 5.683 acres. Bearings refer to the Lambert Grid Meridian.

SECTION 2


YEAS: Council Members Don Beshel, Keith Hinkley, Stuart J. Guey, Anthony L. Buras, Lynda G. Banta and Marla Cooper


ABSENT: None

ABSTAINED: Council Member Burghart Turner


ORDINANCE NO. 09-3


An Ordinance to amend and amended to readopt Section IV of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended, and the “Comprehensive Zoning District Map” therein adopted by reference and which is paraphed thereto, with reference to Application No. ZMP-2008-8, dated July 2, 2008.


SECTION 1

Subsection 2 of Section IV of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended, and the “Comprehensive Zoning District Maps” therein adopted by reference and which is paraphed thereto, are hereby amended and as amended readopted so that the following described property is hereby rezoned from R-1AB (Single Family Residential) Zoning District to R-1B (Single Family Residential) Zoning District:

A CERTAIN PARCEL OF GROUND, together with all improvements thereon, and all rights, ways, privileges, servitudes, appurtenances, and advantages thereunto belonging and apperaining, situated in Township 14 South, Range 24 East, Section 2 and Township 14 South, Range 25East, Section 9, Plaquemines Parish Louisiana, on the west bank of the Mississippi River, being a portion of Tract 3-D-1 of Belle Chasse Plantation, and more fully described as follows:

Commencing the point of intersection with the easterly or riverside line of the Cutoff-Belle Chasse (Woodland) Highway with the southerly right of way line of the Planters Canal said intersection having a 1983 Louisiana South Zone Coordinate of X=3,705,119.58 feet and Y=506,453.77 feet; thence North 58 degrees 55 minutes 17 seconds East, along the southerly line of the Planters Canal right of way, for a distance of 1010.08 feet to the POINT OF BEGINNING;

Thence continuing along the southerly line of the Planters Canal right of way, North 58 degrees 58 minutes 17 seconds East for a distance of 385.09 feet to a point;


Thence in a southwesterly direction along a curve to the right having a radius of 620.00 feet and an arc length of 384.08 feet to a point;


Thence South 58 degrees 55 minutes 17 seconds West for a distance of 10.09 feet to a point;

Thence North 31 degrees 04 minutes 43 seconds East for a distance of 175.00 feet to the POINT OF BEGINNING.

The above described area contains 6.009 acres. Bearings refer to the Lambert Grid Meridian.

SECTION 2


YEAS: Council Members Don Beshel, Keith Hinkley, Stuart J. Guey, Anthony L. Buras, Lynda G. Banta and Marla Cooper


ABSENT: None

ABSTAINED: Council Member Burghart Turner


ORDINANCE NO.

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

An Ordinance to amend and amended to readopt Section IV of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended, and the “Comprehensive Zoning District Map” therein adopted by reference and which is paraphed thereto, with reference to Application No. ZMP-2008-11, dated August 4, 2008.


SECTION 1

Subsection 2 of Section IV of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended, and the “Comprehensive Zoning District Maps” therein adopted by reference and which is paraphed thereto, are hereby amended and as amended readopted so that the following described property is hereby rezoned from A-2 (Rural or Agricultural) Zoning District to I-3 (Heavy Industrial) Zoning District:

A CERTAIN PARCEL OF GROUND, together with all buildings and improvements thereon, and all rights, ways, and appurtenances thereunto belonging or in anywise appertaining, located in Section 35, T20S, R30E, Boothville, Plaquemines Parish, Louisiana. The portion of ground is designated as PARCEL W1

of property formerly belonging to Morgan W. Walker, fronts on the right descending bank of the Mississippi River, is bounded above by Parcel W2, below by property now or formerly Charles E. Colombel, Jr. extends to the 40 arpent line, and is described as follows:

Begin at the intersection of the upper line of now or formerly Charles E. Colombel, Jr. and the Mississippi River and go South 23 degrees 58 minutes 01 seconds West along the upper line of Charles E. Colombel, Jr. a distance of 7777 feet (more or less) to the 40 arpent line; thence go North 58 degrees, 11 minutes, 00 seconds West along the 40 arpent line a distance of 29.70 feet; thence go North 72 degrees 42 minutes 00 seconds West along the 40 arpent line a distance of 900.31 feet to the line between Parcels W1 and W2; thence go North 23 degrees 41 minutes 04 seconds East along the line between Parcels W1 and W2 a distance of 7983 feet (more or less) to the Mississippi River; thence go in an easterly direction along the Mississippi River a distance of 970 feet (more or less to the POINT OF BEGINNING;

Said Parcel W1 is shown on a survey and resubdivision plan by Wilton J. Dufrene, Land Surveyor dated December 18, 1991 and contains 170.576 acres (more or less).

All as more fully shown on survey by Wilton J. Dufrene, Land Surveyor, dated December 18, 1991, a copy of which is attached hereto and made a part hereof.

Being part of the same property acquired by Walker Properties of Louisiana, Inc. by act dated January 22, 1987, filed for record March 12, 1987, registered in COB 661, folio, 390, Parish of Plaquemines.

SECTION 2

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Banta seconded the motion to adopt the Ordinance. Council Member Cooper moved to temporarily pass over the proposed Ordinance.

SUSPENSION OF RULES

Council Member Turner moved to suspend any and all rules necessary to add to the Agenda and to consider at today’s meeting a Resolution entitled, “A Resolution requesting the United States Army Corps of Engineers to adopt the most westerly alignment for the Federal Levee between Oakville and St. Jude, Plaquemines Parish, Louisiana; and otherwise to provide with respect thereto”. Council Member Beshel seconded the motion to suspend the rules. The Motion having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None



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

On motion of Council Member Turner, seconded by Council Member Beshel, the following Resolution was offered for adoption:

A Resolution requesting the United States Army Corps of Engineers to adopt the most westerly alignment for the Federal Levee between Oakville and St. Jude, Plaquemines Parish, Louisiana; and otherwise to provide with respect thereto.

WHEREAS, the Congress has authorized the United States Army Corps of Engineers to incorporate the Westbank Levee in Plaquemines Parish into the Federal System between Oakville and St. Jude to the Federal Standard; and WHEREAS, the Congress has authorized at full Federal expense to replace or modify certain non-Federal levees in Plaquemines Parish and to incorporate the levees into the existing New Orleans to Venice Hurricane Protection Project; and WHEREAS, to date the Plaquemines Parish Council, as governing authority, has not taken a position on an alignment of the non-Federal levees prior to this legislation; and WHEREAS, it is in the best interest of Plaquemines Parish, the State of Louisiana, and the United States to have a levee alignment that protects the most land; and WHEREAS, in the Magnolia Area, Section 5, where no back levee exists that the Grand Bayou alignment is the preferred alignment; and WHEREAS, the furthest westerly alignment would make the most sense and would be most beneficial to Plaquemines Parish, the State of Louisiana and the United States; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that in the Magnolia Area, Section 5, where no back levee exists that the Grand Bayou alignment be adopted. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the record reflect that this Legislation is the first and only legislation of support adopted to date and supported by the Plaquemines Parish Council, governing authority of Plaquemines Parish. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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. Council Member Banta moved a recess at 5:25 p.m. The Meeting came back to order at 5:45 p.m., with all members present.


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

A Resolution requesting the United States Army Corps of Engineers to adopt the most westerly alignment for the Federal Levee between Oakville and St. Jude, Plaquemines Parish, Louisiana; and otherwise to provide with respect thereto.

WHEREAS, the Congress has authorized the United States Army Corps of Engineers to incorporate the Westbank Levee in Plaquemines Parish into the Federal System between Oakville and St. Jude to the Federal Standard; and WHEREAS, the Congress has authorized at full Federal expense to replace or modify certain non-Federal levees in Plaquemines Parish and to incorporate the levees into the existing New Orleans to Venice Hurricane Protection Project; and WHEREAS, to date the Plaquemines Parish Council, as governing authority, has not taken a position on an alignment of the non-Federal levees prior to this legislation; and WHEREAS, it is in the best interest of Plaquemines Parish, the State of Louisiana, and the United States to have a levee alignment that protects the most land; and WHEREAS, in the Magnolia Area, Section 5, where no back levee exists that the Grand Bayou alignment is the preferred alignment; and WHEREAS, the furthest westerly alignment would make the most sense and would be most beneficial to Plaquemines Parish, the State of Louisiana and the United States; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that in the Magnolia Area, Section 5, where no back levee exists that the Grand Bayou alignment be adopted. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the record reflect that this Legislation is the first and only legislation of support adopted to date and supported by the Plaquemines Parish Council, governing authority of Plaquemines Parish. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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. Council Member Banta moved to revert to Agenda Item 6a-(9) “An Ordinance to amend and amended to readopt Section IV of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended, and the “Comprehensive Zoning District Map” therein adopted by reference and which is paraphed thereto, with reference to Application No. ZMP-2008-11, dated August 4, 2008". Without objections, so ordered.

ORDINANCE NO. 09-4


An Ordinance to amend and amended to readopt Section IV of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended, and the “Comprehensive Zoning District Map” therein adopted by reference and which is paraphed thereto, with reference to Application No. ZMP-2008-11, dated August 4, 2008.


SECTION 1

Subsection 2 of Section IV of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended, and the “Comprehensive Zoning District Maps” therein adopted by reference and which is paraphed thereto, are hereby amended and as amended readopted so that the following described property is hereby rezoned from A-2 (Rural or Agricultural) Zoning District to I-3 (Heavy Industrial) Zoning District:

A CERTAIN PARCEL OF GROUND, together with all buildings and improvements thereon, and all rights, ways, and appurtenances thereunto belonging or in anywise appertaining, located in Section 35, T20S, R30E, Boothville, Plaquemines Parish, Louisiana. The portion of ground is designated as PARCEL W1

of property formerly belonging to Morgan W. Walker, fronts on the right descending bank of the Mississippi River, is bounded above by Parcel W2, below by property now or formerly Charles E. Colombel, Jr. extends to the 40 arpent line, and is described as follows:

Begin at the intersection of the upper line of now or formerly Charles E. Colombel, Jr. and the Mississippi River and go South 23 degrees 58 minutes 01 seconds West along the upper line of Charles E. Colombel, Jr. a distance of 7777 feet (more or less) to the 40 arpent line; thence go North 58 degrees, 11 minutes, 00 seconds West along the 40 arpent line a distance of 29.70 feet; thence go North 72 degrees 42 minutes 00 seconds West along the 40 arpent line a distance of 900.31 feet to the line between Parcels W1 and W2; thence go North 23 degrees 41 minutes 04 seconds East along the line between Parcels W1 and W2 a distance of 7983 feet (more or less) to the Mississippi River; thence go in an easterly direction along the Mississippi River a distance of 970 feet (more or less to the POINT OF BEGINNING;

Said Parcel W1 is shown on a survey and resubdivision plan by Wilton J. Dufrene, Land Surveyor dated December 18, 1991 and contains 170.576 acres (more or less).

All as more fully shown on survey by Wilton J. Dufrene, Land Surveyor, dated December 18, 1991, a copy of which is attached hereto and made a part hereof.

Being part of the same property acquired by Walker Properties of Louisiana, Inc. by act dated January 22, 1987, filed for record March 12, 1987, registered in COB 661, folio, 390, Parish of Plaquemines.

SECTION 2

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Banta seconded the motion to adopt the Ordinance.

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


NAYS: Council Members Anthony L. Buras, Burghart Turner, and John J.

Friedman

ABSENT: None

PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 8th day of January, 2009.

ORDINANCE NO. 09-5

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

An Ordinance approving a plan of resubdivision of the property of the Ruth Meyer Miller Estate, et al, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision, Property of, Ruth Meyer Miller Estate, and Lots A and B, Promised Land Plantation, by Hugh McCurdy, III, P.L.S., dated February 18, 2008, the owners having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines without cost to the Plaquemines Parish Government or the Parish of Plaquemines.

WHEREAS, the Ruth Meyer Miller Estate, et al, as owners of property situated in the Parish of Plaquemines, State of Louisiana, as shown on the Map of Resubdivision, Property of, Ruth Meyer Miller Estate, and Lots A and B, Promised Land Plantation, by Hugh McCurdy, III, P.L.S., dated February 18, 2008, a copy whereof is annexed hereto and made part hereof; and WHEREAS, the Ruth Meyer Miller Estate, as the owner of said property have proposed the resubdivision of the said property into Lots RM1, RM2, RM3, and RM4 as more fully shown on said map; and WHEREAS, all streets, utilities, drainage structures and other improvements shown on the aforementioned map of survey are in place; with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications; NOW, THEREFORE: BE IT ORDAINED by the Plaquemines Parish Council for the Parish of Plaquemines, Louisiana, that the aforesaid Map of Resubdivision, Property of, Ruth Meyer Miller Estate, and Lots A and B Promised Land Plantation, by Hugh McCurdy, III, P.L.S., dated February 18, 2008, a copy of whereof is annexed hereto and made a part hereof, be approved, with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications, and that the approval of the Parish President, Directors and all appropriate Parish department heads of the aforesaid map of survey 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 and documents necessary and proper in the premises to give full force and effect to the aforesaid Ordinance. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Hodnett seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None



ORDINANCE NO. 09-6


An Ordinance approving a plan of resubdivision of the property of the Ruth Meyer Miller Estate, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision, Ruth Meyer Miller Estate, Promised Land Plantation, by Hugh McCurdy, III, P.L.S., dated February 18, 2008, the owners having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines without cost to the Plaquemines Parish Government or the Parish of Plaquemines.

WHEREAS, the Ruth Meyer Miller Estate, as owners of property situated in the Parish of Plaquemines, State of Louisiana, as shown on the Map of Resubdivision, Ruth Meyer Miller Estate, Promised Land Plantation, by Hugh McCurdy, III, P.L.S., dated February 18, 2008, a copy whereof is annexed hereto and made part hereof; and WHEREAS, the Ruth Meyer Miller Estate, as the owner of said property have proposed the resubdivision of the said property into Lots RM5, RM6, RM7, and RM8 as more fully shown on said map; and WHEREAS, all streets, utilities, drainage structures and other improvements shown on the aforementioned map of survey are in place; with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications; NOW, THEREFORE: BE IT ORDAINED by the Plaquemines Parish Council for the Parish of Plaquemines, Louisiana, that the aforesaid Map of Resubdivision, Ruth Meyer Miller Estate, Promised Land Plantation, by Hugh McCurdy, III, P.L.S., dated February 18, 2008, a copy of whereof is annexed hereto and made a part hereof, be approved, with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications, and that the approval of the Parish President, Directors and all appropriate Parish department heads of the aforesaid map of survey 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 and documents necessary and proper in the premises to give full force and effect to the aforesaid Ordinance. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Hodnett seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None



ORDINANCE NO. 09-7


An Ordinance approving a plan of resubdivision of Part of Lot 5B, Good Hunt Subdivision, Plaquemines Parish, Louisiana, into Lots 5C, 5D, 5E, and 5F, Good Hunt Subdivision, Plaquemines Parish, Louisiana, as shown on the plans and plat of survey by Dufrene Surveying & Engineering, Inc., dated March 25, 2008, the owner having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines, without cost to the Plaquemines Parish Government or the Parish of Plaquemines.

WHEREAS, Loconte Partners, LLC, is the owner of property, situated in the Parish of Plaquemines, State of Louisiana, as more fully shown on the plan and plat of resubdivision by Dufrene Surveying & Engineering, Inc., dated March 25, 2008, a print whereof is annexed hereto and made part hereof; and WHEREAS, Loconte Partners, LLC., is the owner of said property, has proposed the resubdivision of Part of Lot 5B, Good Hunt Subdivision, Plaquemines Parish, Louisiana, into Lots 5C, 5D, 5E, and 5F, Good Hunt Subdivision, Plaquemines Parish, Louisiana, as more fully shown on said plan; and WHEREAS, all streets, utilities, drainage structures and other improvements shown on the aforementioned plan and plat of survey, and Water Plan, dated October 28, 2008, a print whereof is annexed hereto and made a part hereof, are in place with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications in accordance with Plaquemines Parish Government specifications; NOW, THEREFORE: BE IT ORDAINED by the Plaquemines Parish Council for the Parish of Plaquemines, Louisiana, that the aforesaid plan of resubdivision Part of Lot 5B, Good Hunt Subdivision, Plaquemines Parish, Louisiana, into Lots 5C, 5D, 5E, and 5F, Good Hunt Subdivision, Plaquemines Parish, Louisiana, as shown on the plat and plan of survey of survey by Dufrene Surveying & Engineering, Inc., dated March 25, 2008, a print whereof is annexed hereto and made a part hereof, be approved, with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications, and that the approval of the Parish President, Directors and all appropriate Parish department heads of the aforesaid plan and plat of survey be ratified. BE IT FURTHER ORDAINED by the Plaquemines Parish Council of the Parish of the Parish of Plaquemines, Louisiana that the Parish President be and he is hereby authorized to appear before a Notary Public, and to approve the aforesaid plan or resubdivision of owner as depicted on plan and plat of survey by Dufrene Surveying & Engineering, Inc., March 28, 2008, for the Parish of Plaquemines and the Plaquemines Parish Government, and to execute any and all acts and documents necessary and proper in the premises to give full force and effect to the aforesaid Ordinance. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Hodnett seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None PRESENT BUT NOT VOTING: None


ORDINANCE NO. 09-8

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

An Ordinance approving a plan of resubdivision of the property of Ronald and Denise Buford, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision, Tracts 24 and 25, Huntsinger Subdivision, Live Oak Plantation, by Hugh McCurdy, III, P.L.S., dated August 13, 2008, the owners having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines without cost to the Plaquemines Parish Government or the Parish of Plaquemines.

WHEREAS, Ronald and Denise Buford, as owners of property situated in the Parish of Plaquemines, State of Louisiana, as shown on the Map of Resubdivision, Tracts 24 and 25, Huntsinger Subdivision, Live Oak Plantation, by Hugh McCurdy, III, P.L.S., dated August 13, 2008, a copy whereof is annexed hereto and made part hereof; and WHEREAS, Ronald and Denise Buford, as owners of said property have proposed the resubdivision of the said property into Tracts 24A and 25A as more fully shown on said map; and WHEREAS, all streets, utilities, drainage structures and other improvements shown on the aforementioned map of survey are in place with the appropriate water lines and fire fighting protection installed at the applicant’s expense and with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications; NOW, THEREFORE: BE IT ORDAINED by the Plaquemines Parish Council for the Parish of Plaquemines, Louisiana, that the aforesaid Map of Resubdivision, Tracts 24 and 25, Huntsinger Subdivision, Live Oak Plantation, Plaquemines Parish, Louisiana, into Tracts 24A and 25A by Hugh McCurdy, III, P.L.S., dated August 13, 2008, a copy of whereof is annexed hereto and made a part hereof, be approved, with the appropriate water lines and fire fighting protection installed at the applicant’s expense, and with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications, and that the approval of the Parish President, Directors and all appropriate Parish department heads of the aforesaid map of survey 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 and documents necessary and proper in the premises to give full force and effect to the aforesaid Ordinance. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Guey seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None



ORDINANCE NO. 09-9

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

An Ordinance approving a plan of resubdivision of the property of Glenn M. Coulon, Jr., and Mary E. Tadlock, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision, Lots 1A, 2A, and 3A, Star Place Subdivision, Portion of Original Lots 9 and 10, Star Plantation, by Hugh McCurdy, III, P.L.S., dated August 15, 2008, the owners having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines without cost to the Plaquemines Parish Government or the Parish of Plaquemines.

WHEREAS, Glenn M. Coulon, Jr., and Mary E. Tadlock, as owners of property situated in the Parish of Plaquemines, State of Louisiana, as shown on the Map of Resubdivision, Lots 1A, 2A, and 3A, Star Place Subdivision, Portion of Original Lots 9 and 10, Star Plantation, by Hugh McCurdy, III, P.L.S., dated August 15, 2008, a copy whereof is annexed hereto and made part hereof; and WHEREAS, Glenn M. Coulon, Jr., and Mary E. Tadlock, as owners of said property have proposed the resubdivision of the said property into Lots 1A1, 2A1, and 3A1 as more fully shown on said map; and WHEREAS, all streets, utilities, drainage structures and other improvements shown on the aforementioned map of survey are in place; with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications; NOW, THEREFORE: BE IT ORDAINED by the Plaquemines Parish Council for the Parish of Plaquemines, Louisiana, that the aforesaid Map of Resubdivision, Lots 1A, 2A, and 3A, Star Place Subdivision, Portion of Original Lots 9 and 10, Star Plantation, Plaquemines Parish, Louisiana, into Lots 1A1, 2A1, and 3A1 by Hugh McCurdy, III, P.L.S., dated August 15, 2008, a copy of whereof is annexed hereto and made a part hereof, be approved, with the appropriate privately owned/operated sewer treatment system installed at the applicant’s expense as per Plaquemines Parish Government specifications, and that the approval of the Parish President, Directors and all appropriate Parish department heads of the aforesaid map of survey 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 and documents necessary and proper in the premises to give full force and effect to the aforesaid Ordinance. WHEREUPON, in open session the above Ordinance was read and considered section by section and 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:


NAYS: None

ABSENT: None



ORDINANCE NO. 09-10

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

An Ordinance approving a plan of resubdivision of resubdivision of tract GH-1, Section 40, T19S, R28E, Nairn Plantation, Plaquemines Parish, Louisiana, into tracts GH-1A and GH-1B, Section 40, T19Sm R28E, Nairn Plantation, Plaquemines Parish, Louisiana, dated March 27, 2008, the owner having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines without cost to the Plaquemines Parish Government or the Parish of Plaquemines.

WHEREAS, Salvador Gagliano, is the owner of property situated in the Parish of Plaquemines, State of Louisiana, as more fully shown on the plan and plat of resubdivison by Dufrene Surveying & Engineering Inc., dated March 27, 2008, a print whereof is annexed hereto and made part hereof; and WHEREAS, Salvador Gagliano, is the owner of said property, has proposed the resubdivision of tract GH-1, Section 40, T19S, R28E, Nairn Plantation, Plaquemines Parish, Louisiana, into tracts GH-1A and GH-1B, Section 40, T19S, R28E, Nairn Plantation, Louisiana, as more fully shown on said plan; and WHEREAS, all streets, utilities, drainage structures and other improvements shown on the aforementioned plan and plat survey are in place; with the appropriate privately owned/operated sewer treatment system or private sewer gravity line installed at the applicant’s expense as per Plaquemines Parish Government; NOW, THEREFORE: BE IT ORDAINED by the Plaquemines Parish Council for the Parish of Plaquemines, Louisiana, that the aforesaid plan of resubdivision tract GH-1, Section 40, T19S, R28E, Nairn Plantation, Plaquemines Parish, Louisiana, into Tracts GH-1A and GH-1B, Section 40, T19S, R28E, Nairn Plantation, Louisiana, as shown on the plat and plan of survey by Dufrene Surveying & Engineering Inc., dated March 27, 2008, a print whereof is annexed hereto and made a part hereof, be approved, with the appropriate privately owned/operated sewer treatment system or private sewer gravity line installed at the applicant’s expense as per Plaquemines Parish Government and that the approval of the Parish President, Directors and all appropriate Parish department heads of the aforesaid map of survey 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 appear before a Notary Public, and to approve the aforesaid plan or resubdivision of owner as depicted on plan and plat of survey by Dufrene Surveying & Engineering Inc., March 27, 2008, for the Parish of Plaquemines and the Plaquemines Parish Government, and to execute any and all acts and documents necessary and proper in the premises to give full force and effect to the aforesaid Ordinance. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Beshel seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None



ORDINANCE NO.

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

An Ordinance granting a Surface and Subsurface Agreement to Hilcorp Energy I, L.P., for the purpose of drilling, operating and producing a directional well on, over, under and across Parish-owned property located in Sections 2 and 3, Township 23 South, Range 30 East, West Bay Field, Buras Levee District, Plaquemines Parish, Louisiana; to authorize the President of the Plaquemines Parish Government to execute the Surface and Subsurface Agreement; and otherwise to provide with respect thereto.

WHEREAS, Mr. Will Williams, representing Hilcorp Energy I, L.P., as Grantee, has requested from Plaquemines Parish Government, as Grantor, a Surface and Subsurface Agreement on, over, under and across Parish-owned properties located in the NE 1/4 of Section 3, and the NW 1/4 of Section 2 Township 23 South, Range 30 East, West Bay Field, Buras Levee District, Plaquemines Parish, Louisiana, for the purpose of directionally drilling, operating and producing the State Lease 192 PP, No. 173 Well in search of oil and gas from a surface location in the NE 1/4 of Section 3, to a subsurface bottom-hole location situated in the NW 1/4 of Section 2, Township 22 South, Range 30 East, West Bay Field, Buras Levee District, Plaquemines Parish, Louisiana; and WHEREAS, Grantee desires to continue to possess the right to utilize the property consistent with the terms and conditions set forth in the Surface and Subsurface Agreement; and WHEREAS, the location of the property is more fully described and identified on a Louisiana Department of Conservation Permit Plat dated June 9, 2008, for the State Lease 192 PP, No. 173 Well, provided by C & C Technologies, Survey Services, attached hereto and made a part hereof for all purposes; and WHEREAS, the Mineral Department recommends that Plaquemines Parish Government issue a Surface and Subsurface Agreement to Hilcorp Energy I, L.P., pursuant to the terms and conditions noted in the Surface and Subsurface Agreement; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby grants a Surface and Subsurface Agreement to Hilcorp Energy I, L.P., over, under and through Parish-owned property from a surface location situated in the NE 1/4 of Section 3, to a subsurface bottom-hole located situated in the NW 1/4 of Section 2, Township 23 South, Range 30 East, West Bay Field, Buras Levee District, Plaquemines Parish, Louisiana; for the express purpose of drilling, operating and producing the State Lease 192 PP, No. 173 Well, in accordance with terms and conditions set out in the Surface and Subsurface Agreement.

The Parish President be and he is hereby authorized and directed to execute and deliver a Surface and Subsurface Agreement to Hilcorp Energy I, L.P., pursuant to the Agreement and on the terms and conditions outlined herein.

SECTION 2

SECTION 3

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Guey seconded the motion to adopt the Ordinance.

Council Member Banta moved to defer the proposed Ordinance.

ORDINANCE NO. 09-11


An Ordinance approving a plan of resubdivision of the property of the Richard Jones Heirs, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision and Boundary Agreement, Tract B, Richard Jones Heirs, Boothville, Louisiana, by Hugh McCurdy, III, P.L.S., dated October 16, 2007, the owners having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines without cost to the Plaquemines Parish Government or the Parish of Plaquemines.

WHEREAS, the Richard Jones Heirs, as owners of property situated in the Parish of Plaquemines, State of Louisiana, as shown on Map of Resubdivision and Boundary Agreement, Tract B, Richard Jones Heirs, Boothville, Louisiana, by Hugh McCurdy, III, P.L.S., dated October 16, 2007, a copy whereof is annexed hereto and made a part hereof; and WHEREAS, the Richard Jones Heirs, as owners of said property have proposed the resubdivision of the said property into Lots B1 through B9 inclusive as more fully shown on said map; and WHEREAS, all streets, utilities, drainage structures and other improvements shown on the aforementioned 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 and Boundary Agreement, Tract B, Richard Jones Heirs, Boothville, Louisiana, by Hugh McCurdy, III, P.L.S., dated October 16, 2007 a copy of whereof is annexed hereto and made a part hereof, be approved, and that the approval of the Parish President, Directors and all appropriate Parish department heads of the aforesaid map of survey 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 and documents necessary and proper in the premises to give full force and effect to the aforesaid Ordinance. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Buras seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:


NAYS: None ABSENT: None PRESENT BUT NOT VOTING: None


ORDINANCE NO. 09-12


An Ordinance approving a plan of resubdivision of the property of the Richard Jones Heirs, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision and Boundary Agreement, Tract C, Richard Jones Heirs, Boothville, Louisiana, by Hugh McCurdy, III, P.L.S., dated February 29, 2008, the owners having fulfilled all of the requirements of

the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines without cost to the Plaquemines Parish Government or the Parish of Plaquemines.

WHEREAS, the Richard Jones Heirs, as owners of property situated in the Parish of Plaquemines, State of Louisiana, as shown on Map of Resubdivision and Boundary Agreement, Tract C, Richard Jones Heirs, Boothville, Louisiana, by Hugh McCurdy, III, P.L.S., dated February 29, 2008, a copy whereof is annexed hereto and made a part hereof; and WHEREAS, the Richard Jones Heirs, as owners of said property have proposed the resubdivision of the said property into Lots C-1, C-2, and C-3 as more fully shown on said map; and WHEREAS, all streets, utilities, drainage structures and other improvements shown on the aforementioned map of survey are in place; with the appropriate water lines and fire fighting protection installed at the applicant’s expense, and with the appropriate sewer lines installed at the applicant’s expense as per Plaquemines Parish Government specifications; NOW, THEREFORE: BE IT ORDAINED by the Plaquemines Parish Council for the Parish of Plaquemines, Louisiana, that the aforesaid Map of Resubdivision and Boundary Agreement, Tract C, Richard Jones Heirs, Boothville, Louisiana, by Hugh McCurdy, III, P.L.S., dated February 29, 2008 a copy of whereof is annexed hereto and made a part hereof, be approved, with the appropriate water lines and fire fighting protection installed at the applicant’s expense, and with the appropriate sewer lines installed at the applicant’s expense as per Plaquemines Parish Government specifications, and that the approval of the Parish President, Directors and all appropriate Parish department heads of the aforesaid map of survey 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 and documents necessary and proper in the premises to give full force and effect to the aforesaid Ordinance. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Banta seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:


NAYS: None ABSENT: None PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 8th day of January, 2009.


On motion of Council Member Turner, seconded by Council Member Cooper, the following Resolution was offered for adoption:

A Resolution stating Plaquemines Parish Council’s endorsement of Blanchard Constructors, Inc., to participate in the benefits of the Louisiana Enterprise Zone Program.

WHEREAS, the Louisiana Enterprise Zone Act, La. R.S. 51:1781-1791 offers significant incentives for economic development in the State; and WHEREAS, the business is located within Census Tract 506, Block Group 1; and WHEREAS, the Plaquemines Parish Council states this endorsement is in agreement with the Comprehensive Economic Development Strategy for their area; and

WHEREAS, the Enterprise Zone Map on file in the Plaquemines Parish Council Secretary’s Office has been marked to shown the location of the business being endorsed; and WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements Plaquemines Parish Council agrees: (19) To participate in the Enterprise Zone Program.

(20) To assist the Department in evaluating progress make in any Enterprise Zone

within its jurisdiction.

NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council, in regular and legal session convened on this 13th day of November, 2008, endorses Blanchard Constructors, Inc., Enterprise Zone Application No. 2008-1074, to participate in the Louisiana Enterprise Zone Program. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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. Council Member Turner moved to defer the proposed Resolution.

ORDINANCE NO. 09-13


An Ordinance to create and fund a Paralegal in the Council Attorney Department for the Plaquemines Parish Council; appropriating the sum of $45,000.00 to fund said position, and otherwise to provide with respect thereto.

WHEREAS, the Council Attorney has never had a Secretary assisting him with the work of the Council that he is assigned; and WHEREAS, due to the increasing workload assigned to the Council Attorney, the Plaquemines Parish Council wishes to create and fund a Paralegal to work along with Council Attorney for the Plaquemines Parish Council; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby creates a Paralegal in the Council Attorney Department effective immediately.

SECTION 2

It hereby appropriates the sum of $45,000.00 to fund said position of a Paralegal in the Council Attorney Department.

SECTION 3

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

WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Hinkley seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None



ORDINANCE NO. 09-14


An Ordinance to amend the General Fund, 2009 Operating Budget and Manpower Structure, Legal Services Department, personal services line items; and otherwise to provide with respect thereto.

WHEREAS, in order to provide a current year salary commensurate with the prior year’s level of compensation, an amendment is requested for the Assistant Parish Attorney Position number 6035-001; and WHEREAS, amending the General Fund, 2009 Operating Budget and Manpower Structure, Legal Services Department, personal services line items, by amending the salary and benefits for Assistant Parish Attorney Position number 6035-001, by appropriating $9,500 from the General Fund Unreserved/Undesignated Fund Balance is requested; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

The General Fund, 2009 Manpower Structure, Legal Services Department, is amended by appropriating an additional $9,500 from the General Fund Unreserved/Undesignated Fund Balance for the Assistant Parish Attorney Position number 6035-001.

SECTION 2

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Beshel seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:





On motion of Council Member Buras, seconded by Council Member Turner, and on roll call all members present voting “Yes”, except Council Member Banta, Present but not Voting, the following resolution was adopted:

A Resolution appointing Mrs. Toni Plumer as the Council District 5 Representative to the Plaquemines Parish Economic Development Board, replacing Mr. Guy Lagaist who resigned from the Plaquemines Parish Economic Development Board on July 23, 2008; and otherwise to provide with respect thereto.

WHEREAS, Council Member Buras recommends Mrs. Toni Plumer as the Council District 5 Representative to the Plaquemines Parish Economic Development Board whose term shall expire on December 31, 2010; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby appoints Mrs. Toni Plumer to serve as the Council District 5 Representative to the Plaquemines Parish Economic Development Board whose term shall expire on December 31, 2010, replacing Mr. Guy Laigaist whose term would expire on December 31, 2008. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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 Buras, seconded by Council Member Hinkley, and on roll call all members present voting “Yes”, the following Resolution was unanimously adopted:

A Resolution to appoint the Member representing Council District 5 to the Plaquemines Parish Development Board with the term beginning on January 8, 2009 and running through February 28, 2009; and otherwise to provide with respect thereto.

WHEREAS, the Parish President, William Nungesser, pursuant to Section 3:10, Paragraph G, of the Home Rule Charter, has recommended the appointment of the following individual to-wit:

Mr. Jeff Dimarco, Member, District 5, Plaquemines Parish Development Board NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby appoints the following individual to serve as Member of Council District 5 Representative to the Parish Development Board for the Parish of Plaquemines, with the term beginning on January 8, 2009 and running through February 28, 2009.

Mr. Jeff Dimarco, Member, District 5, Plaquemines Parish Development Board BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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.


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

A Resolution authorizing and directing the Parish President, Billy Nungesser, to retain the Law Firm Adams & Reese, LLP, to represent

Plaquemines Parish Government in the case entitled, Melvin J. Burmaster, et al v. Plaquemines Parish Government

, 25th Judicial District Court Case No. 53-238, Division “B”; and otherwise to provide with respect thereto.

WHEREAS, Plaquemines Parish Government has been named defendant in the case entitled, Melvin J. Burmaster, et al v. Plaquemines Parish Government

, 25th Judicial District Court Case No. 53-238, Division “B”; and

WHEREAS, the Plaintiff in the above referenced case has sought class action certification of this suit and if granted, numerous other Plaintiffs may join in the suit against Plaquemines Parish Government; and WHEREAS, said President is authorized and directed to retain the Law Firm Adams & Reese, LLP, to represent Plaquemines Parish Government in the above referenced case; NOW, THEREFORE: BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby authorizes the Parish President, Billy Nungesser, to retain the Law Firm Adams & Reese, LLP, to represent Plaquemines Parish Government in the case entitled, Melvin J. Burmaster, et al v. Plaquemines Parish Government

, 25th Judicial District Court Case No. 53-238, Division “B”, and to execute any and all documents necessary and proper to carry out the intents and purposes of this Resolution.

SECTION 2

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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. Council Member Banta seconded the motion to adopt the Resolution. Council Member Friedman offered a substitute for the proposed Resolution.


On motion of Council Member Friedman, seconded by Council Member Beshel, and on roll call all members present voting “Yes”, except Council Member Hinkley, absent, the following Resolution was adopted:

A Resolution authorizing and directing the Parish President, Billy Nungesser, to retain the Law Firm Adams & Reese, LLP, to represent Plaquemines Parish Government in the case entitled, Melvin J. Burmaster, et al v. Plaquemines Parish Government

, 25th Judicial District Court Case No. 53-238, Division “B”; and otherwise to provide with respect thereto.

WHEREAS, Plaquemines Parish Government has been named defendant in the case entitled, Melvin J. Burmaster, et al v. Plaquemines Parish Government

, 25th Judicial District Court Case No. 53-238, Division “B”; and

WHEREAS, the Plaintiff in the above referenced case has sought class action certification of this suit and if granted, numerous other Plaintiffs may join in the suit against Plaquemines Parish Government; and WHEREAS, said President is authorized and directed to retain the Law Firm Adams & Reese, LLP, with E. Paige Sensenbrenner, Esq., and Valerie Sercovich, Esq. as trial counsel, to represent Plaquemines Parish Government in the above referenced case, at the following rates:

$300.00 per hour for attorneys having experience of 20 years or more;

$250.00 per hour for attorneys having experience of 10 to 20 years;

$220.00 per hour for attorneys having experience of 5 to 10 years;

$150.00 per hour for attorneys having experience of less than 5 years;

$100.00 per hour for paralegal services. NOW, THEREFORE: BE IT RESOLVED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby authorizes the Parish President, Billy Nungesser, to retain the Law Firm Adams & Reese, LLP, at the above rates to represent Plaquemines Parish Government in the case entitled, Melvin J. Burmaster, et al v. Plaquemines Parish Government

, 25th Judicial District Court Case No. 53-238, Division “B”, and to execute any and all documents necessary and proper to carry out the intents and purposes of this resolution, including seeking approval of said engagement from the Louisiana Attorney General.

SECTION 2

The Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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 Banta, seconded by Council Member Cooper, and on roll call all members present voting “Yes”,except Council Member Hinkley, absent, the following resolution was adopted:

A Resolution to appoint Mr. Byron Marinovich as the District 8 Representative of the Economic Development District Board whose term expires on December 31, 2009, replacing Mr. Ken Hotard; and otherwise to provide with respect thereto.

WHEREAS, Mr. Ken Hotard replaced Mr. Leon “Yonki” Cognevich after his resignation from the Economic Development Board, whose term expires on December 31, 2008; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby appoints Mr. Byron Marinovich as the District 8 Representative of the Economic Development District Board whose term expires on December 31, 2009, replacing Mr. Ken Hotard. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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.

ORDINANCE NO.

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

An Ordinance authorizing the Parish President to enter into the required Cooperative Endeavor Agreement with the LA Division of Administration, Office of Community Development-Disaster Recovery Unit to secure Community Development Block Grant (CDBG)) Disaster Recovery Funds to implement the Oyster Processing-Ameripure Fisheries Infrastructure Recovery Project; and, to authorize the Parish President to sign any and all documents required in the submission of the required application and subsequent administration of the program.

WHEREAS, the Plaquemines Parish Government has submitted a successful proposal for building/repairing/improving fisheries infrastructure that will contribute to the rebuilding and recovery of the fisheries industry in Plaquemines Parish; and

WHEREAS, the Oyster Processing-Ameripure Fisheries Infrastructure Recovery Project has been provisionally approved for funding in the amount of $1,180,000.00 by the Office of Community Development-Disaster Recovery Unit; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby authorizes the Parish President, on behalf of the Plaquemines Parish Government, to enter into the required Cooperative Endeavor Agreement the LA Division of Administration, Office of Community Development-Disaster Recovery Unit to secure funding in the amount of $1,180,000.00 under the Community Development Block Grant (CDBG) Disaster Recovery/Fisheries Infrastructure Program to implement the Oyster Processing-Ameripure Fisheries Infrastructure Recovery Project.

SECTION 2

It hereby authorizes the Parish President to sign any and all documents required in the submission of the required application and subsequent administration of the program.

SECTION 3

The Five-Year Capital Improvements Plan is amended by appropriating $1,180,000.00 for the Oyster Processing-Ameripure Fisheries Infrastructure Recovery Project; funding source, Community Development Block Grant (CDBG) Disaster Recovery Funds, funding, 2009. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Guey seconded the motion to adopt the Ordinance. Council Member Banta moved to defer the proposed Ordinance.

ORDINANCE NO. 09-15


An Ordinance authorizing the Parish President to enter into the required Cooperative Endeavor Agreement with the LA Division of Administration, Office of Community Development-Disaster Recovery Unit to secure Community Development Block Grant (CDBG) Disaster Recovery Funds to implement the Oyster Conveyors/Boat Harbor Upgrades Fisheries Infrastructure Recovery Project; and to authorize the Parish President to sign any and all documents required in the submission of the required application and subsequent administration of the program.

WHEREAS, the Plaquemines Parish Government has submitted a successful proposal for building/repairing/improving fisheries infrastructure that will contribute to the rebuilding and recovery of the fisheries industry in Plaquemines Parish; and WHEREAS, the Oyster Conveyors/Boat Harbor Upgrades Fisheries Infrastructure Recovery Project has been provisionally approved for funding in the amount of $1,100,000.00 by the Office of Community Development-Disaster Recovery Unit; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby authorizes the Parish President, on behalf of the Plaquemines Parish Government, to enter into the required Cooperative Endeavor Agreement with the LA Division of Administration, Office of Community Development-Disaster Recovery Unit to secure funding in the amount of $1,100,000.00 under the Community

Development Block Grant (CDBG) Disaster Recovery/Fisheries Infrastructure Program to implement the Oyster Conveyors/Boat Harbor Upgrades Fisheries Infrastructure Recovery Project.

SECTION 2


SECTION 3

The Five-Year Capital Improvements Plan is amended by appropriating $1,100,000 for the Oyster Conveyors/Boat Harbor Upgrades Fisheries Infrastructure Recovery Project; funding source, Community Development Block Grant (CDBG) Disaster Recovery Funds; funding year, 2009. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Cooper seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:




ORDINANCE NO. 09-16


An Ordinance authorizing the Parish President to enter into the required Cooperative Endeavor Agreement with the LA Division of Administration, Office of Community Development-Disaster Recovery Unit to secure Community Development Block Grant (CDBG) Disaster Recovery Funds to implement the Venice Shipyard Fisheries Infrastructure Recovery Project; and to authorize the Parish President to sign any and all documents required in the submission of the required application and subsequent administration of the program.

WHEREAS, the Plaquemines Parish Government has submitted a successful proposal for building/repairing/improving fisheries infrastructure that will contribute to the rebuilding and recovery of the fisheries industry in Plaquemines Parish; and WHEREAS, the Venice Shipyard Fisheries Infrastructure Recovery Project has been provisionally approved for funding in the amount of $1,441,961.00 by the Office of Community Development-Disaster Recovery Unit; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

It hereby authorizes the Parish President, on behalf of the Plaquemines Parish Government, to enter into the required Cooperative Endeavor Agreement with the LA Division of Administration, Office of Community Development-Disaster Recovery Unit to secure funding in the amount of $1,441,961.00 under the Community Development Block Grant (CDBG) Disaster Recovery/Fisheries Infrastructure Program to implement the Venice Shipyard Fisheries Infrastructure Recovery Project.

SECTION 2


SECTION 3

The Five-Year Capital Improvements Plan is amended by appropriating $1,441,960 for the Venice Shipyard Fisheries Infrastructure Recovery Project; funding source, Community Development Block Grant (CDBG) Disaster Recovery Funds; funding year, 2009. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Buras seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:




ORDINANCE NO. 09-17


An Ordinance to amend the General Fund, 2009 Operating Budget and Manpower Structure, Civil Service Department, personal services line items; and otherwise to provide with respect thereto.

WHEREAS, in order to provide improved access and safety of employee records, the Civil Service Department has requested the addition of one Scanning Clerk position; and WHEREAS, amending the General Fund, 2009 Operating Budget and Manpower Structure, Civil Service Department, personal services line items, by creating and funding a Scanning Clerk position is requested; and WHEREAS, the annual funding requirement for the Scanning Clerk position, is $20,421 plus benefits; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

The General Fund, 2009 Manpower Structure, Civil Service, is amended by creating and funding a Scanning Clerk position; funding to be provided through the Vacancy Funding Department. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Guey seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:

YEAS: Council Members Don Beshel, Keith Hinkley, Lynda G. Banta and Marla Cooper

NAYS: Council Members Jerry Hodnett, Stuart J. Guey, Anthony L. Buras,

Burghart Turner, and John J. Friedman

ABSENT: None

PRESENT BUT NOT VOTING: None And the Ordinance failed on this the 8th day of January, 2009.

ORDINANCE NO.


An Ordinance to amend the General Fund, 2009 Operating Budget, Coastal Zone Land Department, line item Professional Services-Levee Consultant; and otherwise to provide with respect thereto.

WHEREAS, funding is necessary to provide for levee management services critical to the successful operation of the Coastal Zone Land Department, which includes management of levee projects, coordination with other governmental entities, and other duties related to levee management; and WHEREAS, amending the General Fund, 2009 Operating Budget, Coastal Zone Land Department by appropriating $50,000 to line item Professional Services-Levee Consultant from the General Fund Unreserved/Undesignated Fund Balance is requested; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

The General Fund, 2009 Operating Budget, Coastal Zone Land Department, is amended by appropriating $50,000 from the General Fund Unreserved/Undesignated Fund Balance as follows: FUND GENERAL

01

DEPARTMENT/DIVISION Coastal Zone Land Dept

450-0001

OBJECT DESCRIPTION AMENDMENT

NEW TOTAL

52874 PROF SVC-LEVEE CONSULTANT INCREASE BY $50,000.00 $50,000.00 WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Beshel seconded the motion to adopt the Ordinance. Council Member Banta moved to pass over the proposed Ordinance.


On motion of Council Member Banta, seconded by Council Member Buras, and on roll call all members present voting “Yes”, the following resolution was unanimously adopted:

A Resolution to appoint the Member representing Council District 8 of the Plaquemines Parish Development Board with the term beginning on January 8, 2009 and running through February 28, 2009.

WHEREAS, the Parish President, William Nungesser, pursuant to Section 3:10, Paragraph G, of the Home Rule Charter, has recommended the appointment of the following individual to-wit:

Michael Cox, Member, District 8 NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby appoints the following individual to serve as Member of Council District 8 of the Parish Development Board for the Parish of Plaquemines, with the term beginning on January 8, 2009 and running through February 28, 2009.

Michael Cox, Member, District 8 BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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.

SUSPENSION OF RULES

Council Member Guey moved to suspend any and all rules necessary to add to the Agenda and to consider under Agenda Item 7, New Business, “Discussion regarding Agenda Item 7-e”. 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 Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, John J. Friedman, Lynda G. Banta and Marla Cooper

NAYS: Council Member Burghart Turner

ABSENT: None


And the Motion Failed on this the 8th day of January, 2009. Council Member Banta moved to revert to Agenda Item 5, “Introduction of Ordinances and Resolutions”. Without objections, so ordered. a. An Ordinance to fund the services of a monitoring service company to perform

water and wastewater contract operations oversight and technical assistance; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL

b. An Ordinance to amend the 2009 Operating Budget for the amended contract

for Water & Wastewater Operations. COUNCIL MEMBER BESHEL c. An Ordinance to amend the General Fund, Manpower Structure, Engineering

Department; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL

d. An Ordinance to amend and re-adopt Ordinance No. 90-101, adopted June 14,

1990, and Ordinance No. 90-209, adopted December 13, 1990, and in compliance with La. Revised Statutes 18:552, which states no precinct shall contain less than 300 registered voters, District 1, Precinct 1, and District 1, Precinct 2, fall within the provision of said statute, therefore, they are merged into one district which shall be designated District 1, Precinct 1, for

Plaquemines Parish Council District 1, Precinct 1, and the Plaquemines Parish School Board District 1, Precinct 1, and the designated boundaries and polling place of District 1, Precinct 1; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL

e. A Resolution authorizing the Parish President, William H. Nungesser, to enter

into the Modified Agreement with Severn Trent Environmental Services, Inc.; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL

f.. An Ordinance to approve the amended Pay Plan and Classification Schedule

adopted by the Civil Service Commission on December 9, 2008, to create a new classification of Sales Tax Manager; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL

g. An Ordinance to approve the amended Pay Plan and Classification Schedule

adopted by the Civil Service Commission on October 21, 2008, to create a new classification of Business Manager; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL

h An Ordinance approving a plan of resubdivision of Lots 1, 2, and 3, St. Clair

Plantation and Lots 8 through 22 and Part of Lot 7, Mon Plaisir Plantation, Braithwaite, Plaquemines Parish, Louisiana, into Parcels 1B, 1C and 1D, Braithwaite, Plaquemines Parish, Louisiana, as shown on the plans and plat of survey by Dufrene Surveying and Engineering, Inc., dated October 20, 2008, the owner having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines, without cost to the Plaquemines Parish Government or the Parish of Plaquemines. COUNCIL MEMBER BESHEL

i. An Ordinance to prohibit the parking of vehicles on both sides of the street,

from the corner of Good News Avenue to Cazalard Street, Belle Chasse, Louisiana; to establish a penalty for the violation thereof; to authorize the Parish President to have “No Parking” signs installed; and otherwise to provide with respect thereto. COUNCIL MEMBER HODNETT

Council Member Banta moved to consider in globo Agenda Items 8a and 8b, relative to approval of Plaquemines Parish Council Meetings. Without objections, so ordered.


On motion of Council Member Banta, seconded by Council Member Beshel, and on roll call all members present voting “Yes”, the following Resolution was unanimously adopted: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the minutes of the September 25, 2008 and the October 9, 2008 Meetings of the Plaquemines Parish Council as recorded by the Secretary of this Council. Council Member Banta moved to revert to Agenda Item 6-s, “An Ordinance to amend the General Fund, 2009 Operating Budget, Coastal Zone Land Department, line item Professional Services-Levee Consultant; and otherwise to provide with respect thereto”. Without objections, so ordered.

ORDINANCE NO. 09-18


An Ordinance to amend the General Fund, 2009 Operating Budget, Coastal Zone Land Department, line item Professional Services-Levee Consultant; and otherwise to provide with respect thereto.

WHEREAS, funding is necessary to provide for levee management services critical to the successful operation of the Coastal Zone Land Department, which includes management of levee projects, coordination with other governmental entities, and other duties related to levee management; and

WHEREAS, amending the General Fund, 2009 Operating Budget, Coastal Zone Land Department by appropriating $50,000 to line item Professional Services-Levee Consultant from the General Fund Unreserved/Undesignated Fund Balance is requested; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

SECTION 1

The General Fund, 2009 Operating Budget, Coastal Zone Land Department, is amended by appropriating $50,000 from the General Fund Unreserved/Undesignated Fund Balance as follows: FUND GENERAL

01

DEPARTMENT/DIVISION Coastal Zone Land Dept

450-0001

OBJECT DESCRIPTION AMENDMENT

NEW TOTAL

52874 PROF SVC-LEVEE CONSULTANT INCREASE BY $50,000.00 $50,000.00 WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Beshel seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows:

YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Lynda G. Banta and Marla Cooper

NAYS: Council Member John J. Friedman

ABSENT: None



Council Member Banta moved to revert to Agenda Item 5, Introduction of Ordinances and Resolutions. Without objections, so ordered. a An Ordinance to amend the General Fund, 2009 Operating Budget, Coastal

Zone Land Department, line item Professional Services-Levee Consultant; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL

There being no further business to come before this Council, on motion of Council Member Guey, seconded by Council Member Hinkley, and on roll call all members present and voting “Yes”, the meeting adjourned at 7:25 p.m. Chairman Secretary

Minutes of a meeting of the Plaquemines Parish Council, as the sole governing authority of the Plaquemines Parish Port, Harbor and Terminal District, held in the Plaquemines Parish Temporary Courthouse, 450 F. Edward Hebert Blvd., Belle Chasse, Louisiana, on Thursday, January 8, 2009, at 7:26 p.m. pursuant to notice to all members with a quorum present as follows:

PRESENT: Council Member Lynda G. Banta, Chairman Council Member Don Beshel, Vice-Chairman Council Member John Keith Hinkley Council Member Jerry Hodnett Council Member Irvin Juneau Council Member Anthony L. Buras Council Member Burghart Turner Council Member John J. Friedman Council Member Marla Cooper

Melissa P. LeBlanc, Secretary

ABSENT: None

Mr. Billy Nungesser, Parish President is absent. Mr. Scott Lott, Director of Operations, is present representing Administration. The Pledge of Allegiance was dispensed with. Let the minutes reflect that requisitions and bills for Kings, Krebs & Jurgens, P.L.L.C., were turned over to Administration during this Council Meeting.

SUSPENSION OF RULES

Council Member Banta moved to suspend any and all rules necessary to add to the Agenda and to consider at today’s meeting a Resolution entitled “A Resolution vigorously opposing and objecting to any legislation regarding port consolidation passed by the Louisiana House or Senate in the upcoming Session; and otherwise to provide with respect thereto”. Council Member Beshel seconded the motion to suspend the rules. The Motion having been submitted to a vote, the vote resulted as follows:


NAYS: None

ABSENT: None




On motion of Council Member Banta, seconded by All Council Members, and on roll call all members present and voting “Yes”, the following resolution was unanimously adopted:

A Resolution vigorously opposing and objecting to any legislation regarding port consolidation passed by the Louisiana House or Senate in the upcoming Session; and otherwise to provide with respect thereto.

WHEREAS, presently, the Constitution of the State of Louisiana grants the Plaquemines Parish Council, as governing authority of the Plaquemines Parish Port, Harbor and Terminal District with full authority and control of its Port; and WHEREAS, the Plaquemines Parish Council does not wish to relinquish their governing authority of the Plaquemines Parish Port, Harbor and Terminal District and unequivocally wants to control the future of the Port of Plaquemines Parish; and WHEREAS, the Plaquemines Parish Council vigorously objects to any legislation proposing port consolidation; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby goes on record as vigorously objecting to and opposing any legislation regarding port consolidation passed by the Louisiana House or Senate in the upcoming Session. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that a certified copy of this resolution be forwarded to the Plaquemines Parish Legislative Delegation and requests their assistance in the defeat of any legislation regarding port consolidation. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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 Guey, seconded by Council Member Banta, the following resolution was offered for adoption:

A Resolution authorizing Parish President Billy Nungesser to seek proposals for a comprehensive Port Development Master Plan for Plaquemines Parish and all matters pertaining thereto.

WHEREAS, in an effort to develop and identify all the components necessary to derive the utmost benefits and potential assets of an effective Port for the Parish of Plaquemines, a Port Development Master Plan is the essential tool needed to develop the Port of Plaquemines; and WHEREAS, the following minimum criteria shall be addressed within these three proposals:

A scope of work.

Identification of potential site for Port development.

Identification of terminal types with the pros and cons of each type.

Preliminary infrastructure analysis for each site.

Preliminary analysis of how each site integrates with any other private, public or joint plans presently being developed.

Dates of completion for each phase of proposed work, budget and payment schedule.

NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby authorizes the Parish President, Billy Nungesser, to seek proposals for a comprehensive Port Development Master Plan for Plaquemines Parish.

BE IT FURTHER RESOLVED that the proposals shall be presented to the Plaquemines Parish Council by Parish President Billy Nungesser for review by the Plaquemines Parish Council and the Port Advisory Board. BE IT FURTHER RESOLVED final selection of Port Development Master Plan for the Parish of Plaquemines shall be adopted by the Plaquemines Parish Council. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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. Council Member Guey offered a substitute to the proposed Resolution.


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

A Resolution authorizing the Plaquemines Parish Council through its Chairperson to seek proposals for a comprehensive Port Development Master Plan for Plaquemines Parish and all matters pertaining thereto.

WHEREAS, in an effort to develop and identify all the components necessary to derive the utmost benefits and potential assets of an effective Port for the Parish of Plaquemines, a Port Development Master Plan is the essential tool needed to develop the Port of Plaquemines; and WHEREAS, the following minimum criteria shall be addressed within these three proposals: A scope of work. Identification of potential site for Port development. Identification of terminal types with the pros and cons of each type. Preliminary infrastructure analysis for each site.

Preliminary analysis of how each site integrates with any other private, public or joint plans presently being developed.

Dates of completion for each phase of proposed work, budget and payment schedule.

NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it does hereby authorize the Plaquemines Parish Council through its Chairperson to seek proposals for a comprehensive Port Development Master Plan for Plaquemines Parish. BE IT FURTHER RESOLVED that the proposals shall be distributed to the Plaquemines Parish Council for review by the Plaquemines Parish Council. BE IT FURTHER RESOLVED the Plaquemines Parish Council shall develop a procedure for selecting a firm to develop a Port Develop Master Plan for Plaquemines Parish. BE IT FURTHER RESOLVED final selection of Port Development Master Plan for the Parish of Plaquemines shall be adopted by the Plaquemines Parish Council.

BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that 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. Council Member Banta moved to revert to Agenda Item 5, “Introduction of Ordinances and Resolutions”. Without objections, so ordered. a. An Ordinance to create the position of a Port Director in the Port, Harbor &

Terminal District; whose job responsibilities will include keeping the Plaquemines Parish Council abreast of all matters relating to the Port, including the daily operation of the Port, Harbor & Terminal District, in accordance with Section 4.01 (A) (25) of the Plaquemines Parish Charter for Local Self-Government which allows the Parish Council to provide for the employment of any employees and personnel which, in its judgment, may be necessary and proper to perform the work and carry out the duties and functions of the Parish Government and the conduct and operation of the other political subdivisions and districts situated within the Parish; the salary to be paid from the Port, Harbor & Terminal Fund Balance for said position; and otherwise to provide with respect thereto. COUNCIL MEMBER TURNER

b. An Ordinance authorizing and directing the Parish President, William

Nungesser, to exercise general oversight of the activities of the Plaquemines Parish Port, Harbor and Terminal District, specifically to sign all requisitions which are required to perform all day to day activities and operations, as per the Parish Charter, Article 3, Section 3.10(B); and otherwise to provide with respect thereto. COUNCIL MEMBER FRIEDMAN

There being no further business to come before this Council, sitting as the sole governing authority of the Plaquemines Port, Harbor and Terminal District, on motion of Council Member Beshel, seconded by Council Member Hinkley, and on roll call all members present and voting “Yes”, the meeting adjourned at 8:10 p.m.

Chairman Secretary

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