Council Member Stuart J. Guey Council Member Anthony L. Buras. Tamara L. Olivier, Assistant Secretary

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1 Minutes of a meeting of e Plaquemines Parish Council held in e Plaquemines Parish Temporary Courouse, 450 F. Edward Hebert Blvd., Belle Chasse, Louisiana, on Thursday, December 13, 2012, at 1:46 p.m. pursuant to notice to all members wi a quorum present as follows: PRESENT: ABSENT: Council Member Byron T. Marinovich, Chairman Council Member Kei Hinkley, Vice-Chairman Council Member P.V. Percy Griffin Council Member Kirk M. Lepine Council Member Burghart Turner Council Member Jeff Edgecombe Council Member Marla Cooper Council Member Stuart J. Guey Council Member Anony L. Buras Tamara L. Olivier, Assistant Secretary The Parish President, Billy Nungesser, is present. Mr. Scott Lott, Director of Operations, Mr. Byron Williams, Director of Public Services, and Mrs. Janice Acosta, Director of Administration are present representing Administration. The Prayer was led by Council Member Lepine. The Pledge of Allegiance was led by Council Member Hinkley. Council Member Marinovich moved to Agenda Item 1b, Status Report by e Parish President. Wiout objection, so ordered. Council Member Cooper moved to Suspend e Rules for an item entitled, A Resolution respectfully requesting in recognition of Mr. Earl Armstrong s dedication to e preservation, restoration, and protection of our coast and beloved Plaquemines Parish, and his tireless and dedicated efforts to keep operational e West Bay Diversion Project, us, averting e closure of e State of Louisiana s first and still only true Sediment Diversion Project, at e lands created as a result of e West Bay Freshwater and Sediment Diversion be hereby and forever called e Earl Armstrong Islands. There was an unanimous second to suspend e rules. Wiout objection, so ordered. R E S O L U T I O N NO, On motion of Council Member Cooper, wi an unanimous second, and on roll call all members present voting Yes, except Council Member Buras, absent, e following Resolution was adopted: A Resolution respectfully requesting in recognition of Mr. Earl Armstrong s dedication to e preservation, restoration, and protection of our coast and beloved Plaquemines Parish, and his tireless and dedicated efforts to keep operational e West Bay Diversion Project, us, averting e closure of e State of Louisiana s first and still only true Sediment Diversion Project, at e lands created as a result of e West Bay Freshwater and Sediment Diversion be hereby and forever called e Earl Armstrong Islands.

2 WHEREAS, e West Bay Diversion project was originally auorized in 1991 and considered be e largest coastal project of its kind at at time, proving e tenet at reconnecting e Mississippi River to its delta would restore critically damaged habitat and create new habitat; and WHEREAS, e project was studied for 12 years by top engineers and scientists and cost over $28 Million to build; and WHEREAS, shortly after e diversion opened, e opening scoured out, blowing most of e remaining marsh out to sea; and WHEREAS, as a result of shoaling allegedly attributed to e diversion, CWPPRA voted to close West Bay at an estimated cost of $50m; and WHEREAS, Mr. Earl Armstrong spent countless days meeting wi officials to keep it open, using his own boats and incurring substantial costs to bring media, CWPPRA members, scientists and numerous agencies to e diversion for site visits and to discuss potential solutions to fix e problem; and WHEREAS, in addition to Earl Armstrong s advocacy, he was instrumental in convincing U.S. Army Corps of Engineers district commander Colonel Alvin Lee to construct a berm wiin e diversion footprint using material beneficially dredged from e anchorage area, which caused e diverted water entering West Bay to slow and us increase land building/ sediment retention rates; and WHEREAS, wiin six mons of e berm s construction, land rapidly began to emerge and vegetation took over, offering nesting areas for various birds and wildlife and furer evidencing e success of e project; and WHEREAS, as a result of ese tireless and dedicated efforts in advocating for e West Bay project to remain open and build much needed critical habitat, CWPPRA voted to keep West Bay open; and WHEREAS, numerous local, state, and federal leaders recognized at e closure of West Bay would have been a substantial blow to coastal restoration movement and would have sent e wrong and contradictory message to Louisianans and Washington D.C. regarding e feasibility of restoring and protecting our coast; BE IT RESOLVED by e Plaquemines Parish Council at it respectfully requests, in recognition of Mr. Earl Armstrong s dedication to e preservation, restoration, and protection of our coast and beloved Plaquemines Parish, and his tireless and dedicated efforts to keep operational e West Bay freshwater and sediment diversion project, at e lands created as a result of and in e vicinity of West Bay be hereby and forever called e Earl Armstrong Islands. BE IT FURTHER RESOLVED by e Plaquemines Parish Council at e Secretary of is Council is hereby auorized and directed to immediately certify and release is Resolution and at Parish employees and officials are auorized to carry out e purposes of is Resolution, bo wiout furer reading and approval by e Plaquemines Parish Council. Council Member Marinovich moved to advance to Agenda Item 1a, Executive Session. Wiout objection, so ordered. R E S O L U T I O N NO On motion of Council Member Marinovich, seconded by Council Member Edgecombe, and on roll call all members present voting Yes, except Council Member Buras, absent, e following Resolution was adopted: BE IT RESOLVED by e Plaquemines Parish Council at it hereby resolves itself into Executive

3 Session for e purpose of hearing a report and recommendations and strategy advice for e management of litigation from its attorney concerning pending litigation entitled, Dave Ancar, et al vs. Plaquemines Parish Government, 25 JDC, Case No , Div. B - Attorney, Mr. L.V. Cooley; Joanne Ditcharo, et al vs. State of LA. DOTD, Citrus Land Company & PPG, 25 JDC, Case No , Div. B - Attorney, Mr. L.V. Cooley; Michael Holmes vs. Plaquemines Parish Government, Plaquemines Parish School Board and Firmin Simms d/b/a Biddy Basketball LLC, 25 JDC, Case No ; Division A - Attorney, Mr. Leo Palazzo; Carolyn Augustus vs. Plaquemines Parish Government, et al, 25 JDC, Case No , Div. A - Attorney, Mr. Leo Palazzo; it being e sense of e Plaquemines Parish Council and its attorney at hearing said reports, recommendations, and advice in open session would have a detrimental effect on e Plaquemines Parish Council s bargaining and litigating position. The Council resolved itself into Executive Session at 2:13 p.m. The Council came out of Executive Session at 2:40 p.m. wi no final or binding action having been taken during Executive Session. Council Member Marinovich moved to advance to Agenda Item 2, Bids and Advertisements. Wiout objection, so ordered. There were no bids and advertisements. Council Member Marinovich moved to advance to Agenda Item 3, Beer and Liquor Licenses. Wiout objection, so ordered. R E S O L U T I O N NO On motion of Council Member Edgecombe, seconded by Council Member Marinovich, and on roll call all members present and voting Yes, except Council Members Buras and Turner, absent, e following Resolution was adopted: BE IT RESOLVED by e Plaquemines Parish Council at e following applications for permit to engage in e sale of liquor and/or beer only in e Parish of Plaquemines for e year 2012 is hereby approved: N & L, LLC, N & L Market, Highway 23, Belle Chasse, Louisiana, 70037, Class B-Package Liquor; The Clubhouse Bar & Grill, Inc, P.O. Box 7196, Belle Chasse, Louisiana, 70037, The Club House Bar, 8133 Highway 23, Belle Chasse, Louisiana, 70037, Class A-Retail Liquor; Trang Phong, Inc., Express Food and Fuel, Highway 23, Belle Chasse, Louisiana, 70037, Class B-Package Liquor; Briggs of Belle Chasse, Inc., 641 Papwor Avenue, Metairie, Louisiana, 70005, New Orleans Original Daiquiris, 8102 Highway 23, Belle Chasse, Louisiana, 70037, Class A-Retail Liquor; S & T Sales, Inc, Town View Café, 7918 Highway 23, Belle Chasse, Louisiana, 70037, Class A-Retail Liquor; Grace Palmisano, 910 Jason Drive, Belle Chasse, Louisiana, 70037, Lady Grace Seafood, 9052 Highway 23, Belle Chasse, Louisiana, 70037, Class A-Retail Liquor; Blue Angel Investments, LLC, Blue Angel Lounge, 9670 Belle Chasse Highway, Belle Chasse, Louisiana, 70037, Class A-Retail Liquor; Circle K Stores, Inc., 25 West Cedar Street, Suite 100, Pensacola, Florida, 32502, Charter Food Store #562", 9144 Highway 23, Belle Chasse, Louisiana, 70037, Class B-Package Liquor; China Sea Restaurant, LLC, 112 East Collins Drive, Buras, Louisiana, 70041, China Sea Restaurant, LLC, 111 Cran Drive, Suite C, Buras, Louisiana, 70041, Beer Class A Retail Outlet; Iguana s Daiquiri Express, Inc., Iguana s Daiquiri Express, Inc., 123 Eldorado Street, Buras, Louisiana, 70041, Class A-Retail Liquor; Lucky Food Store, Lucky Food Store 111 Cran Drive, Suite A, Buras, Louisiana, 70041, Class A-Retail Liquor; Roseina Copeland, P.O. Box 488, Port Sulphur, Louisiana, 70083, Watutsi Ale, Highway 11, Empire, Louisiana, 70050, Class A Liquor; Bayou Club Bar & Grill, LLC, P.O. Box 387, Venice, Louisiana, 70091, Bayou Club Bar & Grill, Highway 23, Venice, Louisiana, 70091, Class A-Retail Liquor. BE IT FURTHER RESOLVED at certified copies of is resolution be forwarded to Sheriff Lonnie J. Greco, Sr., and e Plaquemines Parish Heal Department as notice of approval of application for permit.

4 Council Member Marinovich moved to advance to Agenda Item 4, Building Permits. Wiout objection, so ordered. R E S O L U T I O N NO, On motion of Council Member Marinovich, seconded by Council Member Hinkley, and on roll call all members present voting Yes, except Council Member Buras, absent, e following Resolution was adopted: A Resolution approving e issuance of a special permit to Hang Thanh Nguyen- Musselman for e placement of a mobile home on property located in a FP (Flood Plain) Zoning District at 910 W. Ravenna Road, Belle Chasse, Louisiana, all in accordance wi Application No , dated October 30, WHEREAS, Hang Thanh Nguyen-Musselman applied to e Plaquemines Parish Department of Permits, Planning and Zoning (Application No , dated October 30, 2012) for e placement of a mobile home on property located at 910 W. Ravenna Road, Belle Chasse, Louisiana. BE IT RESOLVED by e Plaquemines Parish Council at it hereby approves e issuance of a special permit to Hang Thanh Nguyen-Musselman for e placement of a mobile home on property located in a FP (Flood Plain) Zoning District at 910 W. Ravenna Road, Belle Chasse, Louisiana, all in accordance wi Application No , dated October 30, BE IT FURTHER RESOLVED by e Plaquemines Parish Council at e Secretary of is Council is hereby auorized and directed to immediately certify and release is Resolution and at Parish employees and officials are auorized to carry out e purposes of is Resolution, bo wiout furer reading and approval by e Plaquemines Parish Council. R E S O L U T I O N NO, On motion of Council Member Marinovich, seconded by Council Member Hinkley, and on roll call all members present voting Yes, except Council Member Buras, absent, e following Resolution was adopted: A Resolution approving e issuance of a special permit to Abby Serigny (Abby s Beauty Salon) for e placement of a beauty shop on property located in an A-2 (Rural and Agricultural) Zoning District at Highway 11, Buras, Louisiana, all in accordance wi Application No , dated November 5, WHEREAS, Abby Serigny (Abby s Beauty Salon) applied to e Plaquemines Parish Department of Permits, Planning and Zoning (Application No , dated November 5, 2012) for a permit to place a beauty salon on property located at Highway 11, Buras, Louisiana. BE IT RESOLVED by e Plaquemines Parish Council at it hereby approves e issuance of a special permit to Abby Serigny (Abby s Beauty Salon) for e placement of a beauty salon on property located A-2 (Rural and Agricultural) Zoning District at Highway 11, Buras, Louisiana, all in accordance wi Application No , dated November 5, BE IT FURTHER RESOLVED by e Plaquemines Parish Council at e Secretary of is Council is hereby auorized and directed to immediately certify and release is Resolution and at Parish employees and officials are auorized to carry out e purposes of is Resolution, bo wiout furer reading and approval by e Plaquemines Parish Council.

5 R E S O L U T I O N NO, On motion of Council Member Marinovich, seconded by Council Member Hinkley, and on roll call all members present voting Yes, except Council Member Buras, absent, e following Resolution was adopted: A Resolution approving e issuance of a special permit to Paul Tauzin for e installation of a fireworks stand (renewal) on property located in an C-2 (General Commercial) Zoning District at 9433 Highway 23, Belle Chasse, Louisiana, all in accordance wi Application No , dated November 8, WHEREAS, Paul Tauzin applied to e Plaquemines Parish Department of Permits, Planning and Zoning (Application No , dated November 8, 2012) for a permit to install a fireworks stand (renewal) on property located at 9433 Highway 23, Belle Chasse, Louisiana; BE IT RESOLVED by e Plaquemines Parish Council at it hereby approves e issuance of a special permit to Paul Tauzin for e installation of a fireworks stand (renewal) on property located in an C-2 (General Commercial) Zoning District at 9433 Highway 23, Belle Chasse, Louisiana, all in accordance wi Application No , dated November 8, BE IT FURTHER RESOLVED by e Plaquemines Parish Council at e Secretary of is Council is hereby auorized and directed to immediately certify and release is Resolution and at Parish employees and officials are auorized to carry out e purposes of is Resolution, bo wiout furer reading and approval by e Plaquemines Parish Council. R E S O L U T I O N NO, On motion of Council Member Marinovich, seconded by Council Member Hinkley, and on roll call all members present voting Yes, except Council Member Buras, absent, e following Resolution was adopted: A Resolution approving e issuance of a special permit to Pontchartrain Materials Corporation to operate a wholesale/retail aggregate yard on property located in an I-3 (Heavy Industrial) Zoning District at 2611 Engineers Road, Belle Chasse, Louisiana, all in accordance wi Application No , dated December 4, WHEREAS, Pontchartrain Materials Corporation applied to e Plaquemines Parish Department of Permits, Planning and Zoning (Application No , dated December 4, 2012) for a permit to operate a wholesale/retail aggregate yard on property located at 2611 Engineers Road, Belle Chasse, Louisiana; BE IT RESOLVED by e Plaquemines Parish Council at it hereby approves e issuance of a special permit to Pontchartrain Materials Corporation to operate a wholesale/retail aggregate yard on property located in an I-3 (Heavy Industrial) Zoning District at 2611 Engineers Road, Belle Chasse, Louisiana, all in accordance wi Application No , dated December 4, BE IT FURTHER RESOLVED by e Plaquemines Parish Council at e Secretary of is Council is hereby auorized and directed to immediately certify and release is Resolution and at Parish employees and officials are auorized to carry out e purposes of is Resolution, bo wiout furer reading and approval by e Plaquemines Parish Council.

6 R E S O L U T I O N NO, On motion of Council Member Cooper, seconded by Council Member Marinovich, and on roll call all members present voting Yes, except Council Member Turner voting No, Council Member Griffin, Abstaining, Council Member Edgecombe, Present but Not Voting, and Council Member Buras, absent, e following Resolution was adopted: BE IT RESOLVED by e Plaquemines Parish Council at e following application for Coastal Use Permit in e Parish of Plaquemines is hereby submitted for approval: Deep Delta Houseboats, LLC, Application No. CZM , dated June 11, 2010, clear grade, excavate, and deposit fill for campsites, and access canal and appurtenant structures for expansion to Venice Marina, Phase 3, 237 Sports Marina Road, Venice, Louisiana, BE IT FURTHER RESOLVED by e Plaquemines Parish Council at e Secretary of is Council is hereby auorized and directed to immediately certify and release is Resolution and at Parish employees and officials are auorized to carry out e purposes of is Resolution, bo wiout furer reading and approval by e Plaquemines Parish Council. R E S O L U T I O N NO On motion of Council Member Marinovich, seconded by Council Member Edgecombe, and on roll call all members present voting Yes, except Council Member Buras, absent, e following Resolution was adopted: BE IT RESOLVED by e Plaquemines Parish Council at e following applications for construction permits in e Parish of Plaquemines are hereby approved: Apache Corporation, Application No , dated September 27, 2012, for hydraulic dredge, install pile clusters, drill e SL 1927 Well No. 84, install well protector structure, marsh buggy tracks and discharge pipe, Soueast Pass Field; Apache Corporation, Application No , dated October 01, 2012, to drill S.L Well No. 85 (All oer structures has been permitted), Soueast Pass Field; Dynamic Offshore Resources, Application No , dated October 10, 2012, to remove 4" pipeline, West Delta Area, Blocks 25 & 50; Eustis Engineering Services, LLC, Application No , dated September 29, 2012, to drill e soil borings or perform ree cone penetrometer tests to determine consolidation, IMT Coal Yard, Highway 23; Tennessee Gas Pipeline Co., LLC, Application No , dated November 09, 2012, to excavate, install pilings and miscellaneous piping in Compressor Station 527 yard, Port Sulphur Area; LLOG Exploration Company, LLC, Application No , dated November 20, 2012, to install pile clusters and limestone pad, drill S.L Well No. 1 and install caisson well protector, Main Pass Area, Block 23; Apache Corporation, Application No , dated November 21, 2012, to install 4" lift and 4" gas/condensate pipelines, Main Pass Area, Blocks 68 & 69; Tierra Tech LLC, Application No , dated December 04, 2012, to drill seven soil test borings, USCG Radio Station Facility, Belle Chasse. R E S O L U T I O N NO On motion of Council Member Marinovich, seconded by Council Member Cooper, and on roll call all members present voting Yes, except Council Members Buras, absent, Turner, voting No, and Edgecomeb, Present but not Voting, e following Resolution was adopted: BE IT RESOLVED by e Plaquemines Parish Council at e following applications for construction permits in e Parish of Plaquemines are hereby approved: Deep Delta Houseboats LLC, Application No , dated December 04, 2012, to dredge new canal and install bulkhead, Venice Marina. Council Member Marinovich moved to advance to Agenda Item 5, Introduction of Ordinances and Resolutions. Wiout objection, so ordered. a. Resolution auorizing and directing e Parish President, Billy Nungesser, and his Administration to immediately solicit ree proposals from Architectural/Engineering Firms for e construction of a new Courouse Facility to be located at e Parish Seat in Pointe-a-la-Hache; auorizing e Parish President to submit e proposals to e Parish Council so ey can make e final selection; and to immediately begin e construction

7 of e new Courouse Facility once a Firm is chosen; and oerwise to provide wi respect ereto. COUNCIL MEMBER GRIFFIN b. An Ordinance by e Plaquemines Parish Council, as and on behalf of e West Bank Levee District and e Ollie Drainage District, to appropriate perpetual flood protection levee easements, servitudes and right-of-way; and, temporary work area easements, servitudes and rights-of-way in certain portions of lands in Plaquemines Parish, Louisiana to construct e West Bank non-federal levee, NOV-NF-Q-4a (NF-04 Levee) Reach of e New Orleans to Venice Project, Plaquemines Parish, Louisiana for levee, drainage, flood and hurricane protection purposes; and oerwise to provide wi respect ereto. COUNCIL MEMBER HINKLEY c. An Ordinance to auorize e placing of Stop Signs on bo corners of Avenue L where it intersects wi E. Second Street; to establish a penalty for e violation ereof; and oerwise to provide wi respect ereto. COUNCIL MEMBER GUEY d. An Ordinance auorizing e Parish President to seek and receive responses for Professional Legal Services for Special Counsel; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH e. An Ordinance auorizing hiring of outside counsel to represent Plaquemines Parish Government s interest in lawsuit entitled Joanne Ditcharo, et al vs. State of Louisiana, rough e Department of Transportation and Development, Citrus Land Company and Plaquemines Parish Government, 25 JDC, No , Div. B ; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH f. An Ordinance to amend e 2013 Operating Budget to provide a one-time funding match in e amount of $40,000 to e Plaquemines Community CARE Centers Foundation, Inc. for an equal amount to be matched by e United Way of Soueast Louisiana, to be used to provide individual and family counseling to parish residents who have been adversely impacted by e Deep Water Horizon Oil Spill and/or Hurricane Isaac; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH g. An Ordinance to amend e General and Road Maintenance Funds 2013 Manpower Structure and Operating Expenditure Budgets, Various Departments, Various Divisions; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH h. An Ordinance auorizing e Parish President, William H. Nungesser, to accept e donation of cash and checks from persons wiing to help e Plaquemines Parish Government in e afterma of Hurricane Isaac, to amend e General Fund 2012 Operating Revenue and Expenditure Budgets; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH I. An Ordinance to amend e General Fund 2013 Manpower Structure and Operating Expenditure Budget, Flood Control and Coastal Zone-Land Departments; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH j. An Ordinance to amend e Five-Year Capital Improvements Plan for e Plaquemines Parish Hazard Mitigation Grant Program Project; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH k. An Ordinance auorizing e Parish President to continue e implementation of e Plaquemines Parish Coastal Plan using funds from e Coastal Bonding Initiative to perform permitting, surveying, geotechnical and engineering activities for e Baptiste Collette Bayou Channel Deepening and Beneficial Use project and to investigate e feasibility of, and, if advantageous, to formally enter into a cost-sharing agreement wi e U.S. Army Corps of Engineers to implement e Baptiste Collette Bayou Channel Deepening and Beneficial Use project. COUNCIL MEMBER MARINOVICH l. An Ordinance auorizing e Parish President to continue e implementation of e Plaquemines Parish Coastal Plan using funds from e Coastal Bonding Initiative for construction for e Cat Island East and Cat Island West restoration projects. COUNCIL MEMBER EDGECOMBE

8 m. An Ordinance auorizing e Parish President to continue e implementation of e Plaquemines Parish Coastal Plan using funds from e Coastal Bonding Initiative and granting permission to perform an update of e Plaquemines Parish Coastal Plan at will support e development and implementation of coastal restoration and flood protection projects in e Parish. COUNCIL MEMBER EDGECOMBE n. An Ordinance to amend e 2013 Five-Year Capital Improvements Plan for e Dredging- Doullut Canal Project; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH o. An Ordinance auorizing e Parish President to continue e implementation of e Plaquemines Parish Coastal Plan using funds from e Coastal Bonding Initiative to perform permitting, surveying, geotechnical, and engineering activities for e Tiger Pass Ridge and Marsh Creation project, and to investigate e feasibility of, and, if advantageous, to formally enter into a cost-sharing agreement wi e U.S. Army Corps of Engineers to implement e Tiger Pass Ridge and Marsh Creation Project. COUNCIL MEMBER EDGECOMBE p. An Ordinance directing and auorizing e Parish President, William H. Billy Nungesser, to enter into an intergovernmental agreement by and between e State of Louisiana rough e Coastal Protection and Restoration Auority Board, (hereinafter referred to as e CPRA Board ) and Plaquemines Parish Government (hereinafter sometimes referred to as Sponsor ) to mitigate e impacts of Outer Continental Shelf (OCS) activities rough e funding of projects and activities for e conversation, protection, or restoration of coastal areas, including shoreline protection by installation of living shoreline in Plaquemines Parish; to execute any and all documents necessary in order to accomplish e intent of is Ordinance; and oerwise to provide wi respect ereto. COUNCIL MEMBER EDGECOMBE q. An Ordinance auorizing e Parish President to amend e Five-Year Capital Improvements Plan to perform Feasibility Analysis and/or Ecological Baseline Studies as part of e Department of Environmental Quality permit process to Assimilate Wetlands using treated sewer effluent at various Wastewater Treatment Facilities on e Westbank and Eastbank of Plaquemines Parish as part of e Plaquemines Parish Coastal Restoration Plan; and oerwise to provide to respect ereto. COUNCIL MEMBER EDGECOMBE r. An Ordinance auorizing e Parish President to prepare request for qualifications for professional services to assist in e planning, implementation and management of e Plaquemines Parish Government Coastal Restoration and Flood Protection Program; to negotiate and execute a contract; and oerwise to provide wi respect ereto. COUNCIL MEMBER EDGECOMBE s. An Ordinance auorizing e Parish President to continue e implementation of e Plaquemines Parish Coastal Plan utilizing funds from e Coastal Bonding Initiative for e planning, permitting, engineering and construction of protection measures such as vertical oyster reef shoreline stabilization for rookery islands and oer critically endangered habitat east of e Mississippi River. COUNCIL MEMBER EDGECOMBE t. An Ordinance auorizing e Parish President to continue e implementation of e Plaquemines Parish Coastal Plan using funds from e Coastal Bonding Initiative and granting permission to perform permitting, surveying, geotechnical, and engineering activities for e Reach A Vegetative Ridge and Marsh Creation project (from Port Sulphur to Empire), and to investigate e feasibility of, and, if advantageous, to formally enter into a cost-sharing agreement wi e U.S. Army Corps of Engineers to implement e Reach A project. COUNCIL MEMBER EDGECOMBE u. An Ordinance auorizing e Parish President to continue e implementation of e Plaquemines Parish Coastal Plan using funds from e Coastal Bonding Initiative and granting permission to perform permitting, surveying, geotechnical, and engineering activities for e Reach B-1 Vegetative Ridge and Marsh Creation project (from Empire to Fort Jackson), and to investigate e feasibility of, and, if advantageous, to formally

9 enter into a cost-sharing agreement wi e U.S. Army Corps of Engineers to implement e Reach B-1 project. COUNCIL MEMBER EDGECOMBE v. An Ordinance auorizing e Parish President to continue e implementation of e Plaquemines Parish Coastal Plan using funds from e Coastal Bonding Initiative and granting permission to perform construction activities for e Reach B-2 Vegetative Ridge and Marsh Creation project (from Fort Jackson to Venice), and to investigate e feasibility of, and, if advantageous, to formally enter into a cost-sharing agreement wi e U.S. Army Corps of Engineers to implement e Reach B-2 project. COUNCIL MEMBER EDGECOMBE w. An Ordinance auorizing e acceptance of a donation of a parcel of ground from Apache Louisiana Minerals LLC to Plaquemines Parish Government for e purpose of building a project to create additional nesting habitat for e Brown Pelican and oer native birds and if accepted, directing and auorizing e Parish President, William H. "Billy" Nungesser, to execute any and all documents necessary in order to accomplish e intent of is Ordinance. COUNCIL MEMBER EDGECOMBE x. An Ordinance approving a Cooperative Endeavor Agreement between Plaquemines Parish Government and e Plaquemines Parish Sheriff s Office for assistance wi enforcement of Parish Zoning, Heal and Sales Tax/Occupational License Ordinances and any oer Parish Ordinances mutually agreed upon by bo parties; auorizing Parish President, William Billy Nungesser, to enter into and execute said agreement; and oerwise to provide wi respect ereto. COUNCIL MEMBER EDGECOMBE y. An Ordinance to amend e General Fund, 2013 Operating Expenditure Budget, District Attorney Department, personal services line items; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH z. An Ordinance to amend e General Fund 2013 Operating Revenue and Expenditure Budgets; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH aa. bb. cc. dd. A Resolution appointing ree (3) individuals to serve on e Board of Directors of e Port Eads Fishing Refuge; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH An Ordinance auorizing Parish President, William H. Billy Nungesser, to enter into, execute, and accept a certain Act of Acknowledgment and Reconveyance from e Board of Supervisors of Louisiana State University and Agricultural and Mechanical College to Plaquemines Parish Government of property, known as e LSU Agricultural Center, properly recorded in Conveyance Book 132, page 375 of e Conveyance Records of Plaquemines Parish, Louisiana; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH An Ordinance auorizing e Parish President to prepare request for qualifications for professional services to assist in e Planning, Implementation and Management of a Green Energy Policy for Plaquemines Parish Government; to negotiate and execute a contract; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH An Ordinance auorizing e Parish President to negotiate and execute e contract wi one of e ree bona-fide proposers who submitted on e requests for proposals for garbage & trash contract services alternate number 1 for collection of all solid waste; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH ee. An Ordinance auorizing e Parish President to negotiate and execute e contract(s) wi one or more of e ree successful proposers who submitted on e requests for proposals for garbage & trash contract services alternate number 2 for disposal of all solid waste; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH

10 ff. gg. hh. ii. jj. kk. ll. mm. nn. oo. pp. An Ordinance auorizing e Parish President to negotiate and execute a contract wi e only successful proposer who submitted on e requests for proposals for water and sewer contract operations services; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH An Ordinance auorizing e Parish President to solicit proposals and enter into a contract to oversee and manage e mosquito abatement program for Plaquemines Parish; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH An Ordinance to amend e Five-Year Capital Improvements Plan to appropriate funding required for an examination of ferry terminal operations and safety; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH A Resolution auorizing e Plaquemines Parish Community Action Agency to prepare and file an application wi e Louisiana Department of Transportation and Development, on behalf of e Plaquemines Parish Government, for a grant under 49CFR 5311, Non- Urbanized Area Formula Program and/or 49 CFR, Discretionary Capital Program, as amended, to provide public rural transportation to e residents of Plaquemines Parish and furer auorizing Plaquemines Parish President to execute and file wi such application an assurance or any oer documents required. COUNCIL MEMBER MARINOVICH An Ordinance auorizing hiring of outside counsel to represent Plaquemines Parish Government s interest in e lawsuit entitled Joanne Ditcharo, et al v. State of Louisiana, rough e Department of Transportation and Development, Citrus Land Company and Plaquemines Parish Government, 25 JDC, No , Div. B and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH A Resolution to approve a Cooperative Endeavor Agreement between e Plaquemines Parish Government (PPG) and e Plaquemines Parish Law Enforcement District (PPLED) to lease 609 and 610 Avenue A Belle Chasse, Louisiana to e PPLED for a term of ninety-nine (99) years for one ($1.00) dollar a year; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH An Ordinance to amend e Five-Year Capital Improvements Plan for e Building- Sheriff s Office Port Sulphur Project; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH A Resolution to approve a Cooperative Endeavor Agreement between e Plaquemines Parish Government (PPG) and e Plaquemines Parish Law Enforcement District (PPLED) to lease 222 Landfill Rd. Belle Chasse, Louisiana, a certain portion of ground approximately 220 acres furer illustrated in exhibits A & B, e PPLED for a term of ninety-nine (99) years for one ($1.00) dollar a year; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH An Ordinance to approve e amended Rule IX, Hours of Work, Leaves of Absence and Absence Wiout Leave, of e Plaquemines Parish Civil Service Commission Rules adopted by Ordinance No ; and oerwise to provide wi respect ereto. COUNCIL MEMBER MARINOVICH An Ordinance to amend e General Fund, 2012 Operating Expenditure Budget, Parish Council-District 6 Department, line items Professional Services and Communications Data Wireless Internet Services; and oerwise to provide wi respect ereto. COUNCIL MEMBER TURNER An Ordinance to amend e Public Heal and General Funds, 2013 Operating Expenditure Budgets, Mosquito Control and Parish President Departments, line items Professional Services Demography and Fuel Gasoline; and oerwise to provide wi respect ereto. COUNCIL MEMBER TURNER qq. An Ordinance to rescind, annul and set aside Ordinance No , adopted October 26, 2000, to amend and as amended readopt Article II, Chapter 14, Section 14-19, of e

11 Plaquemines Parish Code of Ordinances, and hereby eliminates Section in its entirety; and oerwise to provide wi respect ereto. COUNCIL MEMBER TURNER rr. An Ordinance redistricting e Plaquemines Parish Council Districts to adjust said districts boundaries as needed for population changes documented by e 2010 United States Decennial Census (in accordance wi Section 4.10 of e Plaquemines Parish Charter), and providing for oer related matters; and repealing any and all ordinances in conflict herewi. COUNCIL MEMBER TURNER ss. An Ordinance to amend and as amended to readopt Section 2 of Ordinance No , adopted July 8, 2012, previously amended by Ordinance Nos , , , and ; to change e policy covering reimbursement for mileage from.48 to.56.5 per mile; and for e rates to automatically adjust each time e IRS makes eir standard adjustments; and oerwise to provide wi respect ereto. COUNCIL MEMBER TURNER SUSPENSION OF RULES Council Member Marinovich moved to suspend any and all rules necessary to add to e Agenda and to consider at today s meeting a Resolution entitled A Resolution reinstating e regularly scheduled Council Meeting of Thursday, December 27, 2012, at 10:00 AM in e Conference Room of e Port Sulphur Government Building, located at Highway 23, Port Sulphur, Louisiana, and e Ordinances and Resolutions introduced at e December 13, 2012, meeting be heard on January 10, 2013, except for e Ordinance for Reapportionment which will be heard on December 27, 2012". Council Member Edgecombe seconded e motion to suspend e rules. The Motion having been submitted to a vote, e vote resulted as follows: YEAS: Council Members Percy P.V. Griffin, Kei Hinkley, Kirk M. Lepine, Stuart J. Guey, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: Council Member Anony L. Buras PRESENT BUT NOT VOTING: None And e Motion PASSED on is e 13 day of December, R E S O L U T I O N NO, On motion of Council Member Marinovich, seconded by Council Member Edgecombe, and on roll call all members present voting Yes, except Council Member Buras, absent, e following Resolution was adopted: A Resolution reinstating e regularly scheduled Council Meeting of Thursday, December 27, 2012, at 10:00 AM in e Conference Room of e Port Sulphur Government Building, located at Highway 23, Port Sulphur, Louisiana, and e Ordinances and Resolutions introduced at e December 13, 2012, meeting be heard on January 10, 2013, except for e Ordinance for Reapportionment which will be heard on December 27, 2012; and oerwise to provide wi respect ereto. WHEREAS, e December 27, 2012, regularly scheduled Council Meeting was cancelled due to e Christmas and New Year Holiday; and WHEREAS, ere is now a need to conduct Council business before e end of e year;

12 BE IT RESOLVED by e Plaquemines Parish Council at it reinstates e regularly scheduled Council Meeting of Thursday, December 27, 2012, at 10:00 AM in e Conference Room of e Port Sulphur Government Building, located at Highway 23, Port Sulphur, Louisiana, and e Ordinances and Resolutions introduced at e December 13, 2012, meeting be heard on January 10, 2013, except for e Ordinance for Reapportionment which will be heard on December 27, BE IT FURTHER RESOLVED by e Plaquemines Parish Council at e Secretary of is Council is hereby auorized and directed to immediately certify and release is Resolution and at Parish employees and officials are auorized to carry out e purposes of is Resolution, bo wiout furer reading and approval by e Plaquemines Parish Council. Council Member Marinovich moved to advance to Agenda Item 6a-5. Wiout objection, so ordered. ORDINANCE NO The following Ordinance was offered by Council Member Marinovich who moved its adoption: An Ordinance auorizing e Parish President to begin e implementation of e Plaquemines Parish Coastal Plan using funds form e Coastal Bonding Initiative and granting permission to negotiate and acquire e servitude/right-of-way for Reach B-2 Vegetated Ridge Project. WHEREAS, e Parish of Plaquemines, State of Louisiana (e Parish ) adopted a Resolution on June 28, 2012 to proceed wi a financing ough e Louisiana Local Government Environmental Facilities and Community Development Auority for e purpose of financing e planning, acquisition, construction and improvement of coastal restoration sub-projects and related infrastructure wiin e Parish in conjunction wi Parish Coastal Restoration Plan; and WHEREAS, e Parish adopted Ordinance No , on August 23, 2012, auorizing e issuance of bonds in one or more series to loan e proceeds ereof to e Parish to finance coastal restoration sub-projects and related infrastructure wi e Parish in conjunction wi Parish Coastal Restoration Plan as more particularly described on Exhibit A attached to e Ordinance; and WHEREAS, e Parish wishes to commence wi necessary program and project management tasks for ose projects listed in Exhibit A attached to e Ordinance; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Parish hereby auorizes e President of Plaquemines Parish, William Billy Nungesser to enter into contracts and/or execute task orders not exceeding a total amount of $150,000 to perform e initial scoping, project planning, program coordination and reporting, feasibility investigation, and/or development of requisite Request for Qualifications and Request for Proposals for permitting, engineering, design, project management, construction, and/or construction management for e Parish Coastal Restoration Plan candidate projects. SECTION 2 The Parish hereby auorizes e President of Plaquemines Parish, William Billy Nungesser to enter into contracts and/or execute task orders not exceeding $600,000 to conduct title research and preparation of Title Reports for e necessary land rights investigations and to acquire e appropriate rights required for e construction and maintenance of e Reach B-2 Vegetated Ridge Project.

13 SECTION 3 That if any provision or item of is Ordinance or e application ereof is invalid, such invalidity shall not affect oer provisions, items, or applications of is Ordinance which can be given effect wiout e invalid provisions, items, or applications; and to is end, e provisions of is Ordinance are hereby declared to be severable. SECTION 4 That all Ordinances in conflict herewi are hereby repealed. WHEREUPON, in open session e above Ordinance was read and considered section by section and as a whole. Council Member Edgecombe seconded e motion to adopt e Ordinance. The foregoing Ordinance having been submitted to a vote, e vote resulted as follows: YEAS: Council Members Kei Hinkley, Kirk M. Lepine, Stuart J. Guey, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: Council Member Anony L. Buras PRESENT BUT NOT VOTING: (ABSTAIN) Council Member Percy P.V. Griffin And e Ordinance was adopted on is e 13 day of December, Council Member Marinovich moved to Agenda Item 6a-1. Wiout objection, so ordered. ORDINANCE NO The following Ordinance was offered by Council Member Marinovich who moved its adoption: An Ordinance to supersede, and amend all prior ordinances which have heretofore provided land use planning guidelines, requirements, and locational criteria for e review, approval or denial of all Excavation or extraction permitted uses (commonly known as Borrow Pits ), including but not limited to agricultural uses, mixed uses, industrial uses, extraction or Excavation use Permits, tower use Permits, large scale residential uses and planned developments, and, as amended, to reenact Sec , et seq. of Art. V, Chapter 18, of e Code of Ordinances; to provide for safety and Reclamation requirements; to provide for e amount of e required performance bond in favor of e Plaquemines Parish Government guaranteeing e reclamation of Borrow Pits; to provide for general commercial liability insurance for personal injury and property damage to ird parties; to provide additional criteria for e special/conditional permitting, operation, maintenance and closure of a Borrow Pit or oer excavation or extraction site wiin Parish boundaries; to provide for penalties for violations; and oerwise to provide wi respect ereto. WHEREAS, due to e need of Plaquemines Parish citizens for adequate parish levees, and e costs savings to be realized from obtaining local fill materials to be placed in e levees; and WHEREAS ere is balance to be reached between e need for such local fill materials and e need to assure at Borrow Pits are safely operated and maintained in order to protect against certain safety hazards, damage to buildings, and oer permanent improvements, e Plaquemines Parish Council believes at relevant performance bonds, insurance, and oer mandates should be required of Applicants for a Borrow Pit permit, or Sand Pit permit, and at additional criteria

14 are necessary to ensure at e heal, safety, and general welfare of Parish residents and businesses are better protected; and WHEREAS, is Ordinance will provide e Plaquemines Parish Council s position and its stated stance, pursuant to its Police Powers, to enforce e appropriate regulation of Borrow Pit and Sand Pit operations in e Parish; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 Section 18-86, Art. V, Chapter 18 of e Code of Ordinances is hereby amended and, as amended, reenacted to read as follows: Sec Excavation and Extraction Permit Required. The Plaquemines Parish Council hereby establishes e following requirements of e Parish Government for e Permitting and operating of Borrow Pits and oer excavations or extractions for all properties wiin e Parish. Any and all planned Excavation or extraction of dirt, soil, clay, sand, mud, gravel or ear referenced in e following sections must be applied for; have e application and all necessary documentation reviewed by e Parish Department of Planning and Zoning, and en have e application approved by e Council, before an issuance of a Permit will occur. SECTION 2 Section 18-87, Art. V, Chapter 18 of e Code of Ordinances is hereby amended and, as amended, reenacted to read as follows: Sec General Provisions. (a) (b) (c) (d) (e) (f) This division shall be known more commonly as and may be cited as e 2012 Borrow Pit Ordinance and may be referred to elsewhere herein as e Ordinance. The Ordinance from which is division derives is created pursuant to e enabling auority set for in e Plaquemines Parish Charter and all related ordinances. The Ordinance is adopted, pursuant to e Plaquemines Parish Council s Police Powers, for ose purposes necessary to protect e safety, heal and welfare of parish residents and property and to ensure at any such excavation of Borrow Pits is fully, completely and oroughly reviewed, engineered, regulated, monitored and approved by e Council. The Ordinance shall apply parish-wide. The mandates, restrictions, duties, terms and condition of e Ordinance shall be effective on e date it is originally approved by e Parish Council (e Effective Date ). The following shall be exempted from e Borrow Pit Ordinance regulations: (1) Persons who extract mud, dirt, clay, sand and gravel on eir own properties for eir own Personal use to e extent at disturbance shall not consist of more an half (.50) acre in any five (5) continuous years (for example, driveways and swimming pools); (2) Permits for extraction and preparation of a residential site, foundations for commercial buildings, or accessory structures; (3) Small operations, less an two (2) acres, and no more an eight (8) feet in dep; (4) Exploratory activities which do not result in e excavation and/or removal from e property of more an one hundred (100) cubic yards of material. (5) Discontinued excavations or extraction sites. The term discontinued shall mean for an excavation or extraction site, no excavation or extraction by e Borrow Pit Operator has occurred wiin one hundred eighty (180) days prior to e effective date of is Ordinance. In order to be exempted from e Ordinance, a discontinued site must be declared as such, wiin one twenty (120) days of e Effective Date, in writing to e DPZ, and e Council, by: location, including e legal description of e Property containing e Borrow Pit; e discontinued Borrow Pit s dimensions; and, indicating e Borrow Pit Owner s name, and e

15 name and address of e last Operator, if different from e Owner. If e site resumes Borrow Pit related operations, e Borrow Pit Ordinance shall apply to such new operations, in full. SECTION 3 Section 18-88, Art. V, Chapter 18 of e Code of Ordinances is hereby amended and, as amended, reenacted to read as follows: Sec Definitions. Applicant - A Person at initiates e administrative process and seeks approval from is Parish for permission or a Permit to excavate or extract materials for e purposes stated in its application packet submitted for review. Backfill means to fill e Borrow Pit in its entirety, in compacted lifts of no greater an twelve (12) inches, wi a minimum of ninety (90) percent relative compaction of e last ree (3) feet of fill. There shall be an over-build of e crown of e Borrow Pit as is necessary (in light of e actual characteristics of e combination of sand and Suitable Materials used) to ensure at after any settlement, e contours of e former pit/site will remain consistent wi e pre-excavation natural topography of e Property. Borrow Pit - an area excavated or to be excavated from which soil and unconsolidated materials are removed or extracted, below e grade level of e Property which existed before any overbuilding of e site occurred, for any purpose including but not limited to: for sale, exchange, or for use, as fill for any activities, including but not limited to landscaping, building construction, levees, dams, highway construction or maintenance, or low lying areas, wheer on-site or off-site. Council Plaquemines Parish Council. Department - Any applicable Department, or office, of e Parish Administration. Director - A Person who heads or supervises one (1) or more parish Departments. The positions as defined in e parish charter. Dirt - Includes all geologic materials, soil, mud, rock, clay, gravel, sand and e like. Disturbed area or lands - The area wiin e Property which is altered by e Excavation or extraction related activities, including but not limited to e Borrow Pit, any road, utility, or facilities construction, and materials stockpiling areas. DPZ Plaquemines Parish Department of Permits, Planning, and Zoning. Excavation - Activities, wheer of commercial nature or not, conducted on e surface or benea e surface of lands in connection wi sand, mud, clay, gravel, dirt including any removal or extraction operation whatsoever; e products of which enter commerce for e operations of which directly or indirectly affect commerce. Such activities include excavation for e purpose of obtaining sand, mud, clay, gavel, or dirt, including such common meods as contour, drift, auger, box cut, open pit, borrow pit, and area mining; and e cleaning, concentrating, or preparation for loading of soil at e site. Footprint - The indentation upon a land surface; an outline of existing Excavation. Operator - The Person who operates, manages, controls, or oversees any aspect of e Excavation and/or extraction activity, project and/or process at a Borrow Pit. Owner(s) - Any one or combination of e relationships outlined below: a. Being a Permittee, Operator, or Owner of a sand, clay, Dirt or gravel operation; b. Based on instruments of ownership or voting securities, or owning of record any interest of an entity; or c. Having any oer relationships which give a Person auority directly or