Melissa P. LeBlanc, Secretary. Council Member P.V. Percy Griffin

Transcription

1 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, July 12, 2012, at 1:30 p.m. pursuant to notice to all members with a quorum present as follows: PRESENT: Council Member Byron T. Marinovich, Chairman Council Member Marla Cooper, Vice-Chairman Council Member Keith Hinkley Council Member Kirk M. Lepine Council Member Stuart J. Guey Council Member Anthony L. Buras Council Member Burghart Turner Council Member Jeff Edgecombe Melissa P. LeBlanc, Secretary ABSENT: Council Member P.V. Percy Griffin The Parish President, Billy Nungesser, is absent. Mrs. Janice Acosta, Director of Administration. and Mr. Scott Lott, Director of Operations, are present representing Administration. The Prayer was led by Council Member Byron Marinovich. The Pledge of Allegiance was led by Council Member Stuart J. Guey. R E S O L U T I O N NO On motion of Council Member Marinovich, seconded by Council Member Buras, and on roll call all members present voting Yes, except Council Member Griffin, absent, the following Resolution was 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, Wade Boudreaux v. Terrill Dobard & PPG, No , Division B, 25 th JDC - Mr. Mike Mullin, Attorney; 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 1:33 p.m. The Council came out of Executive Session at 1:48 p.m. with no final or binding action having been taken during Executive Session. R E S O L U T I O N NO On motion of Council Member Marinovich, seconded by Council Member Buras, and on roll call all members present voting Yes, except Council Member Turner, voting No, and Council Member Griffin, absent, the following Resolution was adopted: A Resolution authorizing the acceptance of bids for the disposal of scrap metal for one year. WHEREAS, after due advertisement bids were received on April 3, 2012, for the disposal of scrap metal for a period of one year as follows: All Scrap Metals, #7 Veterans Memorial Blvd., Kenner, LA 70062; Simmons Farms, Hwy. 23, Empire, LA 70050; G. Kendrick Excavating, 273 Country Club Lane, Mystic Island, NJ 08087; and Riverside Metals, LLC; Hwy. 23, Belle

2 Chasse, LA 70037; all bids on file in the Parish Purchasing Agent s Office and made a part hereof by reference to; and WHEREAS, Byron Williams, Director of Public Services, recommends the acceptance of the high bid of Riverside Metals, LLC, Hwy 23, Belle Chasse, LA for disposal of scrap metal; and the Council concurred in said recommendation; BE IT RESOLVED by the Plaquemines Parish Council that it hereby authorizes its Purchasing Agent to enter into a contract for the disposal of scrap metal with Riverside Metals, LLC; Hwy. 23, Belle Chasse, LA 70037; all in accordance with bids submitted by said companies on April 3, 2012, on file in the Parish Purchasing Agent s Office. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that William Nungesser, Parish President, be and he is hereby authorized, for and on behalf of the Plaquemines Parish Government, to enter into a contractual agreement with Riverside Metals, LLC; Hwy 23, Belle Chasse, LA 70037, for the disposal of scrap metal, parish wide, for a period of one year, beginning with the adoption of this resolution and ending June 13, 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. 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 Griffin, absent, the following Resolution was adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following applications for construction permits in the Parish of Plaquemines are hereby approved: Apache Corporation, Application No , dated March 16, 2012, to maintenance dredge and wheel-wash, Southwest Pass Area; Apache Corporation, Application No , dated March 16, 2012, to maintenance dredge and wheel-wash, Southwest Pass Area; Helis Oil & Gas Company, L.L.C., Application No , dated March 28, 2012, to install pile clusters, drill the SL 195 QQ Well No. 41 and install well head protector, Southeast Black Bay Field; Texas Petroleum Investment Co., Application No , dated April 26, 2012, to install 3-inch pipelines, Breton Sound Area, Block 29; Cox Operating, LLC, Application No , dated May 3, 2012, to install 4-inch flowline, Quarantine Bay Field; Eustis Engineering Services, LLC, Application No , dated June 21, 2012, to drill thirteen soil borings and perform twenty cone penetrometer test, Belle Chasse Area; Great Lake Dredge & Dock, Application No , dated June 22, 2012, to install and bore 30-inch sediment delivery pipeline across levee and under highway 11 and 23, (Louisiana Office of Coastal Protection Restoration Project), Mississippi River - Scofield Island Area; Helis Oil & Gas Company, L.L.C., Application No , dated June 8, 2012, to install 3-inch gas lift line and 4-inch flowline, Southeast Black Bay Field; Swift Energy Operating, LLC, Application No , dated June 14, 2012, to install 6-inch pipelines, Lake Washington Field; Dune Operating Company, Application No , dated June 28, 2012, to install 6-inch pipelines, Garden Island Bay Field; and Dune Operating Company, Application No , dated June 28, 2012, to install 3-inch flare line, flare stack platform and walkway, Garden Island Bay Field. R E S O L U T I O N NO On motion of Council Member Marinovich, seconded by Council Member Buras, and on roll call all members present voting Yes, except Council Member Edgecombe, present but not voting, and Council Member Griffin, absent, the following Resolution was adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following application for construction permit in the Parish of Plaquemines is hereby approved: Anthony Mitchell, Application No , dated April 17, 2012, to install bulkhead, boat house and slip,

3 Lot A-2, Martin Lane, Happy Jack. R E S O L U T I O N NO On motion of Council Member Cooper, seconded by Council Member Edgecombe, and on roll call all members present voting Yes, except Council Member Griffin, absent, the following Resolution was adopted: A Resolution approving the renewal of a trailer park permit to Morris Hartt for the operation of an existing trailer Park (Franovich Trailer Park) located in an A-2 (Rural and Agricultural) Zoning District on Franovich Lane, Venice, Louisiana, all in accordance with Application No. TP , dated June 4, WHEREAS, Morris Hartt applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. TP , dated June 4, 2012) for the renewal of a trailer park permit for the operation of an existing trailer Park (Franovich Trailer Park) located on Franovich Lane; Venice, Louisiana BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a trailer park permit to Morris Hartt for the operation of an existing trailer Park (Franovich Trailer Park) located in an A-2 (Rural and Agricultural) Zoning District on Franovich Lane, Venice, Louisiana, all in accordance with Application No. TP , dated June 4, R E S O L U T I O N NO On motion of Council Member Cooper, seconded by Council Member Edgecombe, and on roll call all members present voting Yes, except Council Member Griffin, absent, the following Resolution was adopted: A Resolution approving the renewal of a trailer park permit to Cal Investments, LLC, for the operation of an existing trailer Park (Get-A-Way Lodge) located in an A-2 (Rural and Agricultural) Zoning District on Highway 23, Boothville, Louisiana, all in accordance with Application No. TP , dated June 19, WHEREAS, Cal Investments, LLC, applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. TP , dated June 19, 2012) for the renewal of a trailer park permit for the operation of an existing trailer Park (Get-A-Way Lodge) located on Highway 23; Boothville, Louisiana BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a trailer park permit to Cal Investments, LLC, for the operation of an existing trailer Park (Get-A- Way Lodge) located in an A-2 (Rural and Agricultural) Zoning District on Highway 23, Boothville, Louisiana, all in accordance with Application No. TP , dated June 19, Introduction of Ordinances and Resolutions. a. An Ordinance to amend the Five-Year Capital Improvements Plan for the Resurface- Hebert Blvd. Project; and otherwise to provide with respect thereto. COUNCIL MEMBER HINKLEY b. An Ordinance approving a plan of resubdivision of the property of James and Claudia Woodard, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision, Parcel 1, Joseph Relle Subdivision, Belle Chasse, La., by Hugh McCurdy, III, P.L.S., dated May 2, 2012, 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. COUNCIL MEMBER HINKLEY

4 c. An Ordinance to amend the Five-Year Capital Improvements Plan for the East Bank Library Project; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY d. An Ordinance approving a plan of resubdivision of Lots 1, 2, and 48, Buras, Plaquemines Parish, Louisiana, into Lot 2A, Buras, Plaquemines Parish, Louisiana, as shown on the plans and plat of survey by Dufrene Surveying & Engineering, Inc., dated April 10, 2012, 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 MARINOVICH e. An Ordinance to amend the General Fund 2012 Operating Expenditure Budget, Homeland Security/Emergency Preparedness UASI/SHSP Grants Department; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH f. An Ordinance to amend the General Fund 2012 Revenue Budget for Federal Emergency Management Agency (FEMA) funds obligated for payment to Plaquemines Parish Government for expenditures due to Tropical Storm Lee; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH g. An Ordinance to amend the General Fund, 2012 Manpower Table and the Personal Services Budget, Boat Harbors Department, various divisions; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH h. An Ordinance to amend the Boat Harbors & Shipyards Fund, 2012 Operating Expenditure Budget, Shipyards-Empire Department, line item Maintenance-Building & Grounds; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH i. An Ordinance to amend the General Fund 2012 Operating Expenditure Budget, Planning & Zoning and Permits Departments, various line items; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH j. An Ordinance to amend the Boat Harbors & Shipyards Fund, 2012 Operating Expenditure Budget, Boat Harbor-Pointe a la Hache Department, line item Maintenance-Property & Equipment; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH k. An Ordinance to amend the General Fund 2012 Operating Budget for the Fund Balance Designated for NFIP; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH l. An Ordinance to amend the General Fund 2012 Personal Services Budget, Various Departments; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH m. A Resolution authorizing and directing the Special Council Attorney, Ken Rathburn and the firm of Dwyer, Cambre & Suffern, and/or its designee to settle, in globo, all aspects of litigation between the Plaquemines Parish Government and Levee Materials, L.L.C., and the Livaudais Company, L.L.C., versus Plaquemines Parish Government, William Nungesser, Dr. Stuart J. Guey, Jr., Anthony Buras, Burghart Turner, Byron Marinovich, Jeff Edgecombe, Percy V. Griffin, Keith Hinkley, Kirk Lepine, and Marla Cooper, 25 th JDC, Case No , Division B, and Levee Materials, L.L.C., and the Livaudais Company, L.L.C., versus Plaquemines Parish Governent, William Nungesser, Dr. Stuart J. Guey, Jr., Anthony Buras, Burghart Turner, Byron Marinovich, Jeff Edgecombe, Percy V. Griffin, Keith Hinkley, Kirk Lepine, and Marla Cooper, 25 th JDC, Case No , Division B ; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH n. A Resolution appointing one (1) individual from the Plaquemines Parish Administration to replace Leann Newman with Plaquemines Parish Resident William Barse as a member

5 of the Plaquemines Animal Welfare Society (PAWS) Advisory Board; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH o. A Resolution authorizing and directing Parish President, William Billy Nungesser, to locate and define the Parish immovable property no longer needed for public purposes; have the Council designate said immovable property as surplus by Ordinance; thereby, making said surplus property eligible for sale to the highest lawful bidder pursuant to L.R.S. 33:4712; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH p. A Resolution to authorize the Parish President, for and on behalf of the Plaquemines Parish Government to accept the donation of a 6'x12' utility trailer from the Plaquemines Parish 25 th Judicial District Attorneys s Office; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH q. An Ordinance approving a plan of resubdivision of the property of Anthony Wallace, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision, Lot C, Wallace Division, into Lots C-1 and C-2, by Hugh McCurdy, III, P.L.S., dated May 18, 2012, 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 BURAS r. A Resolution authorizing and directing the Parish President, William H. Nungesser, to seek proposals for a company to represent and guide the Plaquemines Parish Government through the permitting process and the process for selecting a company to help us create mitigation banks; and otherwise to provide with respect thereto. COUNCIL MEMBER TURNER s. An Ordinance to amend the Five-Year Capital Improvements Plan to appropriate funds and authorize services for coastal and related projects in Plaquemines Parish; and otherwise to provide with respect thereto. COUNCIL MEMBER EDGECOMBE t. A Resolution to readopt the members of the Coastal Zone Advisory Committee; and otherwise to provide with respect thereto. COUNCIL MEMBER EDGECOMBE ORDINANCE NO The following Ordinance was offered by Council Member Hinkley who moved its adoption: An Ordinance authorizing and directing the Parish President, William H. Nungesser, to enter into any and all contracts necessary to hire Stuart Consulting Group to provide legal, zoning, planning and other miscellaneous professional services for the development of zoning and planning regulations for commercial development in Council Districts 2, 3, and 4; and otherwise to provide with respect thereto. WHEREAS, the Plaquemines Parish Council recognizes the need to ensure that proper zoning and planning regulations are in place to ensure that commercial developments are properly designed and constructed; and WHEREAS, Plaquemines Parish wishes to develop additional zoning and planning regulations; and WHEREAS, the Plaquemines Parish Council recognizes the need for consultants to provide guidance relative to zoning and planning regulations; and WHEREAS, the Plaquemines Parish Council recognizes the need for zoning and planning consultants to provide input and guidance for commercial development within Council Districts 2, 3, and 4; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

6 SECTION 1 It hereby authorizes and directs the Parish President, William H. Nungesser, to enter into any and all contracts necessary to hire Stuart Consulting Group to provide legal, zoning, planning and other miscellaneous professional services for the development of zoning and planning regulations for commercial development in Council Districts 2, 3, and 4. SECTION 2 The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and official 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 Marinovich 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, Kirk M. Lepine, Stuart J. Guey, Anthony L. Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: Council Member Burghart Turner ABSENT: Council Member Percy P.V. Griffin And the Ordinance was adopted on this the 12 th day of July, Council Member Marinovich moved to advance to Agenda Item 6-k, An Ordinance to amend the General Fund, 2012 Operating Expenditure Budget, Civil Service Department, line item Professional Services-General for a Compensation Study; and otherwise to provide with respect thereto. Without objections, so ordered. ORDINANCE NO The following Ordinance was offered by Council Member Marinovich who moved its adoption: An Ordinance to amend the General Fund, 2012 Operating Expenditure Budget, Civil Service Department, line item Professional Services-General for a Compensation Study; and otherwise to provide with respect thereto. WHEREAS, there is a need to update, re-evaluate and provide a pay scale/schedule and pay ranges for the classified and unclassified Parish Employees and to analyze changes in the current consumer price index, the employer price index, and/or review the current market survey data; and WHEREAS, a complete compensation study will provide the Plaquemines Parish Government with information necessary for the compensation of all employee positions; and WHEREAS, amending the General Fund, 2012 Operating Expenditure Budget, Civil Service Department, by appropriating $20,000 to line item Professional Services-General from the General Fund Unreserved/Undesignated Fund Balance is requested; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:

7 SECTION 1 The General Fund, 2012 Operating Expenditure Budget, Civil Service Department, is amended by appropriating $20,000 to line item Professional Services-General from the General Fund Unreserved/Undesignated Fund Balance is requested; funding year, WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Lepine 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, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: Council Member Percy P.V. Griffin And the Ordinance was adopted on this the 12 th day of July, ORDINANCE NO The following Ordinance was offered by Council Member Cooper who moved its adoption: An Ordinance to officially name the access lane located at Hwy. 23, Boothville, Louisiana, to Rabbit Cove Lane ; authorizing the installation of street signs; and otherwise to provide with respect thereto. WHEREAS, the current property owner has requested their access lane to be officially named Rabbit Cove Lane ; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 It hereby officially names the access lane located at Hwy. 23, Boothville, Louisiana, to Rabbit Cove Lane. SECTION 2 It hereby authorizes the Parish President to direct the Sign Department to install signs at the appropriate location. 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 Edgecombe seconded the motion to adopt the Ordinance.

8 The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Keith Hinkley, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: Council Member Percy P.V. Griffin And the Ordinance was adopted on this the 12 th day of July, R E S O L U T I O N NO On motion of Council Member Guey, seconded by Council Member Edgecombe, and on roll call all members present voting Yes, except Council Members Lepine and Turner, present but not voting, and Council Member Griffin, absent, the following Resolution was adopted: A Resolution stating Plaquemines Parish Council s endorsement of Chevron Oronite Company, LLC, to participate in the benefits of the Louisiana Enterprise Zone Program. WHEREAS, the Louisiana Enterprise Zone Act, La. R.S. 51: offers significant incentives for economic development in the State; and WHEREAS, the business is located within Census Tract 504, Block Group 2; 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 show the location of the business being endorsed; and WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements Plaquemines Parish Council agrees: (1) To participate in the Enterprise Zone Program. (2) To assist the Department in evaluating progress make in any Enterprise Zone within its jurisdiction. BE IT RESOLVED by the Plaquemines Parish Council, in regular and legal session convened on this 12 th, day of July, endorses Chevron Oronite Company, LLC, Enterprise Zone Application No , to participate in the Louisiana Enterprise Zone Program. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed. R E S O L U T I O N NO On motion of Council Member Buras, seconded by Council Member Marinovich, and on roll call all members present voting Yes, except Council Member Turner, voting No, and Council Member Griffin, absent, the following Resolution was offered for adoption: A Resolution stating Plaquemines Parish Council s endorsement of Omni Energy Services Corp, to participate in the benefits of the Louisiana Enterprise Zone Program.

9 WHEREAS, the Louisiana Enterprise Zone Act, La. R.S. 51: offers significant incentives for economic development in the State; and WHEREAS, the business is located within Census Tract 502, Block Group 2; 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 show the location of the business being endorsed; and WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements Plaquemines Parish Council agrees: (1) To participate in the Enterprise Zone Program. (2) To assist the Department in evaluating progress make in any Enterprise Zone within its jurisdiction. BE IT RESOLVED by the Plaquemines Parish Council, in regular and legal session convened on this 12 th, day of July, endorses Omni Energy Services Corp, Enterprise Zone Application No , to participate in the Louisiana Enterprise Zone Program. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed. ORDINANCE NO The following Ordinance was offered by Council Member Marinovich who moved its adoption: An Ordinance to amend the 911 Services Fund, 2012 Operating Expenditure Budget, 911 Services Department; and otherwise to provide with respect thereto. WHEREAS, due to the upgrade and consolidation of the Plaquemines Parish Government and Plaquemines Parish Sheriff s Office 911 operations, additional equipment is required; and WHEREAS, amending the General Fund and 911 Services Fund, 2012 Operating Budget, by transferring $150,000 to the 911 Services Department, line item Equipment-General from the Communications-Link Belle Chasse/Gretna Project is requested; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The General Fund and 911 Services Fund, 2012 Operating Revenue and Expenditure Budgets, are amended by transferring $150,000 of revenues and expenses from the Communications-Link Belle Chasse/Gretna Project to the 911 Services Department, line item Equipment-General. 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, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None

10 ABSENT: Council Member Percy P.V. Griffin And the Ordinance was adopted on this the 12 th day of July, ORDINANCE NO The following Ordinance was offered by Council Member Hinkley who moved its adoption: An Ordinance to amend the Five-Year Capital Improvements Plan for the LA 23Widening Project Jefferson/Plaquemines Parish line to Engineers Road in Plaquemines Parish; and otherwise to provide with respect thereto. WHEREAS, the widening of LA 23 from Lapalco Blvd., in Jefferson Parish to Engineers Road in Plaquemines Parish is currently in engineering design by the Louisiana Department of Transportation and Development (DOTD) and New Orleans Regional Planning Commission (RPC); and WHEREAS, the original design directive from DOTD for this highway project did not include highway lighting; and WHEREAS, Jefferson Parish has requested that DOTD and the RPC include highway lighting for the segment that is in Jefferson Parish, the cost of which will be borne entirely by Jefferson Parish; and WHEREAS, the segment of the highway from the Jefferson Parish line to Engineers Road in Plaquemines Parish would be greatly benefitted in regard to safety and public welfare by including highway lighting in the design for the roadway; and WHEREAS, the cost of lighting of the LA 23 Widening Project in Plaquemines Parish from the Jefferson Parish line to Engineers Road would cost approximately $250,000 for design and construction; WHEREAS, the on-going engineering design for the LA 23 Widening is being done by Burk- Kleinpeter, Inc., (BKI) under contract with the RPC; and WHEREAS, the DOTD has requested that design of the new lighting on LA 23 be coordinated by and incorporated into the plans and specifications by the Project Manager, BKI, so that the project can be let for construction as a single bid; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Five-Year Capital Improvements Plan is amended by appropriating $250,000 to the LA 23 Widening Project, for purposes of designing and installing highway lighting in the segment from the Jefferson Parish-Plaquemines Parish line to approximately Engineers Road in Plaquemines Parish; funding source, General Fund Unreserved/Undesignated Fund Balance; funding year SECTION 2 Parish President Billy Nungesser is hereby authorized and directed to execute any and all documents required to coordinate with the Louisiana Department of Transportation and Development and the New Orleans Regional Planning Commission in regard to the inclusion of highway lighting in the ongoing design of the widening of LA Highway 23 from the Jefferson Parish Plaquemines Parish line to approximately Engineers Road in Plaquemines Parish; to execute an Agreement with the Project Engineer Burk-Kleinpeter, Inc., for engineering related to the highway lighting in Plaquemines Parish; and for the construction, installation, and maintenance of that lighting, including the provision of $250,000 for the cost of that design and construction.

11 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 Marinovich 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, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: Council Member Percy P.V. Griffin And the Ordinance was adopted on this the 12 th day of July, ORDINANCE NO The following Ordinance was offered by Council Member Marinovich who moved its adoption: An Ordinance to amend the Five-Year Capital Improvements Plan for the Complex - Plaquemines Parish Council Pointe a la Hache Project; and otherwise to provide with respect thereto. WHEREAS, the referendum to move the Parish Seat failed on October 22, 2011, leaving the Parish Seat in Pointe a la Hache, Louisiana; and WHEREAS, the Plaquemines Parish Council is presently in the process of rebuilding the Courthouse in Pointe a la Hache, Louisiana; and WHEREAS, it is incumbent upon the Plaquemines Parish Council to comply with State Law, as well as the Charter for Local Self-Government for Plaquemines Parish and provide ample space for Plaquemines Parish Council Meetings at the Parish Seat as soon as possible; and WHEREAS, approximately $360, is requested to purchase or lease a 6,000 square foot modular complex for use by the Plaquemines Parish Council in Pointe a la Hache; and WHEREAS, amending the Five-Year Capital Improvements Plan by appropriating $360, to the Complex - Plaquemines Parish Council Pointe a la Hache Project, from the General Fund Unreserved/Undesignated Fund Balance is requested; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Five-Year Capital Improvements Plan is amended by appropriating $360, to the Complex - Plaquemines Parish Council Pointe a la Hache Project; funding source General Fund; funding year SECTION 2 It hereby authorizes and directs the Parish President, William Nungesser, to execute any and all documents necessary to purchase or lease and install said modular complex within 90 days. Failure to comply with this Ordinance by the Parish President, William Nungesser, shall result

12 in the Plaquemines Parish Council Chairman executing any and all documents necessary for the purchase or lease and installation of said complex. 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 Edgecombe seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Keith Hinkley, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: Council Member Percy P.V. Griffin And the Ordinance was adopted on this the 12 th day of July, R E S O L U T I O N NO On motion of Council Member Marinovich, seconded by Council Member Guey, and on roll call all members present voting Yes, except Council Member Griffin, absent, the following Resolution was adopted: A Resolution authorizing the Plaquemines Parish Community Agency to prepare the necessary application to the Louisiana Department of Labor receiving the Community Services Block Grant Funds for the Program Year 2013 and authorizing the President of the Plaquemines Parish Government to sign and submit said application and contract. WHEREAS, the Louisiana Department of Labor, through the Community Services Block Grant Act, has designated the eligible entity for administering the funds for the program year 2013 within the Parish of Plaquemines; and WHEREAS, the Plaquemines Parish Community Action Agency has received federal and state recognition as the eligible entity within the Parish of Plaquemines for receiving and administering Community Services Block Grant Funds; BE IT RESOLVED by the Plaquemines Parish Council that it hereby designates and authorizes the Plaquemines Parish Community Action Agency to prepare the necessary application to the Louisiana Department of Labor for receiving and administering the Community Services Block Grant Funds for the program year BE IT FURTHER RESOLVED by the Plaquemines Parish Council that 24 it hereby authorizes the President of the Plaquemines Parish 25 Government sign said application and contract pursuant to Contract form on file in the Office of the Secretary of the 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

13 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 Buras who moved its adoption: An Ordinance to amend the Five-Year Capital Improvements Plan for improvements to the waterline from East Bayou Road to Concord Road; and otherwise to provide with respect thereto. WHEREAS, the waterline on East Bayou Road currently terminates in a dead-end creating concerns in regard to water pressure and disinfection residual depletion; and WHEREAS, an extension of the waterline to Concord Road, including a crossing of the Intracoastal Waterway, is vitally needed and recommended by Severn Trent, to provide adequate pressure in the line and to reduce concerns of disinfection residual depletion; and WHEREAS, the cost of the waterline extension and crossing of the Intracoastal Waterway to tie into the existing line on Concord Road has been estimated at approximately $855,000; and BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Five-Year Capital Improvement Plan is amended by appropriating $855,000 for the extension of the East Bayou Road waterline to Concord Road, including a crossing of the Intracoastal Waterway; from the General Fund Unreserved/Undesignated Fund Balance; $200,000 funding year, 2012 and $655,000 funding year, 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 Edgecombe seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Keith Hinkley, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: Council Member Burghart Turner ABSENT: Council Member Percy P.V. Griffin And the Ordinance was adopted on this the 12 th day of July, ORDINANCE NO The following Ordinance was offered by Council Member Hinkley who moved its adoption: An Ordinance to amend the Five Year Capital Improvements Plan for the Renovation-F. Edward Hebert Government Complex Buildings Project; and otherwise to provide with respect thereto. WHEREAS, office is needed for the following Departments: Engineering, Coroner, Health, Economic Development and Tourism, Telecommunications, GIS and Permits; and

14 WHEREAS, an appropriation of funds not to exceed $2,500, is needed for the renovations of buildings at the F. Edward Hebert Government Complex; and WHEREAS, amending the Five Year Capital Improvements Plan by appropriating $2,500, for the Renovation-F. Edward Hebert Government Complex Buildings Project is requested; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Five Year Capital Improvement Plan is amended by appropriating $2,500, to the Renovation-F. Edward Hebert Government Complex Buildings Project; funding source, General Fund Unreserved/Undesignated Fund Balance; funding year, WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Marinovich 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, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Jeff Edgecombe and Byron T. Marinovich NAYS: Council Members Burghart Turner and Marla Cooper ABSENT: Council Member Percy P.V. Griffin And the Ordinance was adopted on this the 12 th day of July, R E S O L U T I O N NO On motion of Council Member Turner, seconded by Council Member Buras, and on roll call all members present voting Yes, except Council Members Guey and Marinovich, voting No, and Council Member Griffin, absent, the following Resolution was adopted: A Resolution requesting the Civil Service Commission to provide a 3% Cost of Living Raise for all Parish Classified Employees and to amend the current Pay Plan by adjusting the minimum salary by 3%, and adjust each following step by 1% increments, and to amend Rule IV allowing for those adjustments giving a cost-of-living increase for all Classified Employees of Plaquemines Parish Government. WHEREAS, prior to the current Civil Service Pay Plan, the previous Pay Plan had 1% increments between steps. Each year the Parish Council budgets 3% for merit increases. This amount is being distributed as fully intended; and WHEREAS, the Parish Council would like the Civil Service Commission to adjust the minimum salary with a 3% cost-of-living, and adjust each following step by 1%, and to amend Rule IV to allow for this adjustment; and WHEREAS, the amount needed to implement this cost-of-living increase for the remainder of 2012 is $320, and & $700, will be needed for 2013; BE IT RESOLVED by the Plaquemines Parish Council that it hereby request the Civil Service Commission to provide a 3% Cost of Living Raise for all Parish Classified Employees and to amend their current Pay Plan and Classification Schedule by adjusting the minimum salary by 3%,

15 and adjust each following step by 1% increments. Also, to adjust Rule IV allowing for this adjustment. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of the 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. R E S O L U T I O N NO On motion of Council Member Marinovich, seconded by Council Member Buras, and on roll call all members present voting Yes, except Council Member Griffin, absent, the following Resolution was adopted: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the minutes of the June 28, 2012, Council Meeting as recorded by the Secretary of this Council. There being no further business to come before this Council, on motion of Council Member Hinkley, seconded by Council Member Marinovich, and on roll call all members present and voting Yes, the meeting adjourned at 4:45 p.m. Secretary Chairman

16 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, July 12, 2012, at 4:45 p.m. pursuant to notice to all members with a quorum present as follows: PRESENT: Council Member Anthony L. Buras, Chairman Council Member Keith Hinkley Council Member Kirk M. Lepine Council Member Stuart J. Guey Council Member Burghart Turner Council Member Jeff Edgecombe Council Member Byron T. Marinovich Council Member Marla Cooper Melissa P. LeBlanc, Secretary ABSENT: Council Member Percy P.V. Griffin, Vice-Chairman Mr. Billy Nungesser, Parish President is absent. Ms. Janice Acosta, Director of Administration, is present representing Administration. The Pledge of Allegiance was dispensed with. Council Member Buras moved to Agenda Item 3, Status Report by the Port Director. Without objections, so ordered. ORDINANCE NO The following Ordinance was offered by Council Member Buras who moved its adoption: An Ordinance to further implement the authority of the Plaquemines Parish Council as the Governing Authority of the Plaquemines Port, Harbor and Terminal District (hereinafter referred to as the District ); and otherwise to provide with respect thereto. WHEREAS, the Plaquemines Parish Council is empowered by Sections 1351 to 1365, inclusive, of Title 34 of the Louisiana Revised Statutes as the sole governing authority of the District; and WHEREAS, Article 4, Section 4.01(A)(1) of the Charter for Local Self-Government, Plaquemines Parish, Louisiana (the Charter ) provides in part that the Plaquemines Parish Council (the Council ) shall exercise the power to represent, as governing authority, the Parish of Plaquemines and all political subdivisions and districts therein, in any and all matters and the District is a political subdivision within the meaning of Article 4, Section 4.01(A)(1) of the Charter by virtue of La. R.S. 34:1351. Article 4, Section 4.01(A)(27) of the Charter also expressly provides that the Council shall serve as the sole governing authority for the Plaquemines Parish Port, Harbor and Terminal District ; and WHEREAS, as the sole governing authority for the District, the Council is solely authorized and mandated to prescribe rules to implement the powers and govern the affairs of the District including those found in La. R.S. 34:1351, et seq; and WHEREAS, as the sole governing authority for the District, the Council has decided to change the Appointing Authority under current Civil Service Rules of the personnel employed by the District in the positions identified herein; and WHEREAS, the Council has decided to employ personnel in the aforesaid positions as classified under Civil Service Rules directly under the supervision of the District; and WHEREAS, the Council adopted Ordinance No adopting the Original Operating Budget

17 of Revenues & Expenditures for the Plaquemines Port, Harbor & Terminal District; and WHEREAS, the Council adopted Ordinance No adopting the Original Capital Improvement Budget for the District for the five-year period beginning January 1, 2012 and ending December 31, 2016; and WHEREAS, the Council adopted Ordinance No establishing a policy of budgetary control for the operating Budget of Expenditures for the District for the fiscal year beginning January 1, 2012 and ending December 31, 2012; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Council, in its capacity as the sole governing authority (hereinafter referred to as the governing authority ) of the Plaquemines Port, Harbor and Terminal District (the District ) does hereby ordain and declare that as of the effective date of this Ordinance the Parish President is no longer the Appointing Authority under current Civil Service Rules for the following classified positions, and, as of the effective date of this Ordinance all such classified positions be and hereby are removed from the purview of the Parish President as the Appointing Authority. POSITION Port Director of Administrative Services Port Director of Security and Vessels Port Authority Manager Senior Accountant I Workflow Coordinator Clerk II Clerk II Clerk II Clerk II Marine Inspector/Relief Captain Marine Inspector/Relief Captain Marine Inspector/Relief Captain Marine Inspector/Relief Captain Marine Diesel Mechanic Diesel Mechanic Rescue Captain Rescue Captain Rescue Captain Rescue Captain Rescue Captain Rescue Captain Rescue Captain Rescue Captain Rescue Captain Rescue Captain Rescue Captain Rescue Captain

18 SECTION 2 The governing authority hereby engages and employs as employees of the District to fulfill and perform the duties and undertake the responsibilities attributable to the District classified positions listed in Section 1 of this Ordinance, those individuals engaged in such positions as set forth in the Plaquemines Parish Civil Service Commission Pay Plan for Classified Service on the date prior to the effective date of this Ordinance. As of the effective date of this Ordinance, each such individual shall be employed by the District in the same classified position for which he or she was engaged on the date prior to the effective date of this Ordinance, with the compensation being the same compensation such individual received on the date prior to the effective date of this Ordinance in accordance with the Plaquemines Parish Civil Service Commission Pay Plan for Classified Service and as adopted by Ordinance No SECTION 3 It is the intent of the governing authority that as of and after the effective date of this Ordinance all individuals employed pursuant to Section 1 of this Ordinance continue to receive as employees of the District all of the benefits including, without limitation, health care and pension benefits, to which they were respectively entitled and with respect to which they were individually vested in their former positions under the Plaquemines Parish Civil Service Commission Pay Plan for Classified Service prior to the effective date of this Ordinance. The governing authority does hereby ordain and declare that as of and after the effective date of this Ordinance the Executive Director for the District shall be the sole Appointing Authority empowered to make appointments to positions of classified service in the District, and that until such time as the Executive Director for the District is engaged by the governing authority, the Port Chairman shall serve as the Appointing Authority for the District. SECTION 4 As of the effective date of this ordinance the District will function under the Original Operating Budget of Revenues and Expenditures as adopted by Ordinance #11-347, the Original Capital Improvement Budget as adopted by Ordinance # and the policy of budgetary control as adopted by Ordinance # SECTION 5 Present staff of the District will report directly to the Deputy Port Director who shall report directly to the governing authority until such time as the governing authority appoints an Executive Director who shall report to the governing authority. SECTION 6 As of the effective date of this ordinance all functions heretofore performed by the Executive Branch of the Plaquemines Parish Government for or on behalf of the District shall be removed from and shall no longer be performed by the Executive Branch of the Plaquemines Parish Government and shall be transferred to and henceforth performed exclusively by the District, including but not limited to, (1) all civil service, payroll, personnel and human resource functions, including employee training functions, (2) all budgeting, auditing, and financial and accounting services functions, (3) all administrative and data processing functions, (4) all procurement, purchasing and accounts payable functions, (5) all operations, safety, public service, and telecommunications functions, (6) all facilities and equipment management functions, including all maintenance, repair and upkeep functions, relating to property of the District, and (7) paying of all invoices and payments to be made by or on behalf of the District against any allotment or appropriation approved by Ordinance of the Plaquemines Parish Council in either its capacity as governing authority of Plaquemines Parish Government or as governing authority of the District, including, without limitation, payments which have been approved by the governing authority or its designated representative or representatives and which are to be made from (a) the operating budget for the District for personnel services, employee benefits, operating services, materials and supplies, other charges, debt service, capital outlay, intergovernmental payments, and/or legal services from funds held in the Plaquemines Parish Government Annual Fund, Port, Harbor and Terminal Fund, or any other fund or account, including, without limitation Account Numbers 45-