Melissa P. LeBlanc, Secretary. Mr. Billy Nungesser, Parish President, is present representing Administration.

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, February 11, 2010, at 1:25 p.m. pursuant to notice to all members with a quorum present as follows: PRESENT: Council Member Don Beshel, Chairman Council Member Burghart Turner, Vice-Chairman Council Member Keith Hinkley Council Member Jerry Hodnett Council Member Stuart J. Guey Council Member Anthony L. Buras Council Member John J. Friedman Council Member Lynda G. Banta Council Member Marla Cooper Melissa P. LeBlanc, Secretary ABSENT: None Mr. Billy Nungesser, Parish President, is present representing Administration. The Pledge of Allegiance was led by Council Member Anthony L. Buras. Council Member Beshel moved to advance to Agenda Item 6-l, A Resolution authorizing the Parish President to transfer 3 Alternate Projects and monies associated with said projects (Delta Day Care Center - ARC (greenhouse), Delta Day Care Center - ARC (main bldg., Delta Day Care Center - ARC (office bldg.), Port Sulphur Golf Course Club House, Empire Ball Field, and Empire Booster Station) to the Belle Chasse Sewerage STP LaReussite Project as an alternate project using FEMA-approved Alternate Project Funding; and otherwise to provide with respect thereto. Without objections, so ordered. R E S O L U T I O N NO On motion of Council Member Friedman, seconded by Council Member Banta, and on roll call all members present voting Yes, the following Resolution was unanimously adopted: A Resolution authorizing the Parish President to transfer 3 Alternate Projects and monies associated with said projects (Delta Day Care Center - ARC (greenhouse), Delta Day Care Center - ARC (main bldg., Delta Day Care Center - ARC (office bldg.), Port Sulphur Golf Course Club House, Empire Ball Field, and Empire Booster Station) to the Belle Chasse Sewerage STP LaReussite Project as an alternate project using FEMA-approved Alternate Project Funding; and otherwise to provide with respect thereto. WHEREAS, FEMA has approved of alternate projects for the obligated Project Worksheets from Hurricanes Katrina/Rita; and WHEREAS, it is necessary to engage professional engineering/architectural services for design and preparation of plans and specifications preliminary to bids for the Belle Chasse Sewerage STP LaReussite Project; NOW THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby transfers 3 Alternate Projects and monies associated with said projects (Delta Day Care Center - ARC (greenhouse), Delta Day Care Center - ARC (main bldg., Delta Day Care Center - ARC (office bldg.), Port Sulphur Golf Course Club House, Empire Ball Field, and Empire Booster Station) to the Belle Chasse Sewerage STP LaReussite Project, as an alternate project using FEMA-approved Alternate Project Funding.

2 BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that Parish employees and officials are authorized to carry out the purposes of this Resolution, both without further reading and approval by the Plaquemines Parish Council. Council Member Beshel moved to advance to Agenda Item 6-m, An Ordinance to amend the Five-Year Capital Improvements Plan for the Belle Chasse Sewerage STP LaReussite Project; and otherwise to provide with respect thereto. Without objections, so ordered. ORDINANCE NO The following Ordinance was offered by Council Member Friedman who moved its adoption: An Ordinance to amend the Five-Year Capital Improvements Plan for the Belle Chasse Sewerage STP LaReussite Project; and otherwise to provide with respect thereto. WHEREAS, approximately 4 miles of sewerage lines is needed in District 7; and WHEREAS, amending the Five-Year Capital Improvements Plan by transferring $1,697, from the Belle Chasse Sewerage STP LaReussite Project to the Sewerage Extension District 7 Project is requested; NOW THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Five-Year Capital Improvements Plan is amended by transferring $1,697, from the Belle Chasse Sewerage STP LaReussite Project to the Sewerage Extension District 7 Project, 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 Banta seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, John J. Friedman, Lynda G. Banta and Marla Cooper NAYS: None ABSENT: None PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, Council Member Beshel moved to advance to Agenda Item 6-i A Resolution authorizing the advertisement for sealed bids for the purchase of Five Million Dollars ($5,000,000) of Revenue Bond, Series 2010B of the Parish of Plaquemines, State of Louisiana, and providing for other matters in connection therewith. Without objections, so ordered.

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4 Council Member Beshel moved to advance to Agenda Item 5, Introduction of Ordinances and Resolutions. Without objections, so ordered. (1) An Ordinance to rename United Tugs Road in Belle Chasse, Louisiana, to Cascio Lane ; and otherwise to provide with respect thereto. COUNCIL MEMBER HINKLEY (2) A Resolution authorizing and directing the Parish President, Billy Nungesser to enter into and execute a Municipal Contract by and between First Call Network, Inc., and the Plaquemines Parish Government; and otherwise to provide with respect thereto. COUNCIL MEMBER HINKLEY (3) An Ordinance authorizing the hiring of a Helper in the Shipyard-Empire Department which is currently a vacant and funded position; and otherwise to provide with respect thereto. COUNCIL MEMBER HODNETT (4) An Ordinance to waive Chapter 4, Section 4-15 (b) of the Code of Ordinances and grant a Retail - beer only permit to Grace Palmisano, 910 Jason Drive, Belle Chasse, Louisiana, 70037, Lady Grace Seafood, 9052 Highway 23, Belle Chasse, Louisiana, 70037; and otherwise to provide with respect thereto. COUNCIL MEMBER HODNETT (5) A Resolution creating a committee for the purpose of improving recreational facilities throughout Plaquemines Parish; and otherwise to provide with respect thereto. COUNCIL MEMBER HODNETT

5 (6) An Ordinance to amend the Five-Year Capital Improvements Plan for the Buildings- Recreation Sprung Structure Project; and otherwise to provide with respect thereto. COUNCIL MEMBER HODNETT (7) A Resolution stating Plaquemines Parish Council s endorsement of Hightower Construction & Shoring, to participate in the benefits of the Louisiana Enterprise Zone Program. COUNCIL MEMBER HINKLEY (8) An Ordinance approving a plan of resubdivision of the Lot B-13, First Equity Subdivision, formerly Buras-Kennair, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision, Lot B-13, First Equity Subdivision, Formerly Buras-Kennair, Nairn, Louisiana, by Hugh McCurdy, III, P.L.S., dated July 25, 2007, amended November 4, 2009, 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 FRIEDMAN (9) A Resolution to re-adopt and re-affirm the revised Priority List pertaining to the Parish s Long Term Recovery Plan, pursuant to the Community Development Block Grant & Disaster Recovery Program; and otherwise to provide with respect thereto. COUNCIL MEMBER FRIEDMAN Council Member Friedman left the meeting at 2:10 p.m. R E S O L U T I O N NO On motion of Council Member Beshel, seconded by Council Member Buras, and on roll call all members present voting Yes, except Council Members Turner, and Friedman, 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, Lori Ragas and Atasha Turner, Individually and on behalf of her minor children Brandon Turner, Jujuan Turner and Jaquam Turner versus Plaquemines Parish Government and Joseph Ingraham, 25 th JDC, No , Division B ; it being the sense of the Plaquemines Parish Council and its attorney that hearing said reports, recommendations, and advice in open session would have a detrimental effect on the Plaquemines Parish Council s bargaining and litigating position. The Council resolved itself into Executive Session at 2:10 p.m. The Council came out of Executive Session at 2:20 p.m. with no final or binding action having been taken during Executive Session. Mr. Billy Nungesser, Parish President, left the meeting at 2:30 p.m. R E S O L U T I O N NO On motion of Council Member Banta, seconded by Council Member Buras, and on roll call all members present and voting Yes, except Council Member Friedman, absent, the following Resolution was adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following application for permit to engage in the sale of liquor and/or beer only in the Parish of Plaquemines for the year 2010 is hereby approved: Barriere Lands, LLC, Bayou Barriere Golf Club, 7427 Hwy. 23, Belle Chasse, LA , retail saloon-liquor; Big Drink, LLC, Sudz Tavern, 106 E Barriere Road, Belle Chasse, LA , retail saloon-liquor; Ann s Café, LLC, Ann s Café, 7670 Hwy. 23, Suite A, Belle Chasse, LA , retail saloon-beer; ASVG & Associates, Inc., Dave s Beverage, 7690 Hwy. 23, Belle Chasse, LA , package house-liquor; Briggs of Belle Chasse, Inc., 641 Papworth Avenue, Metairie, LA , New Orleans Original Daiquiris, 8102 Hwy. 23, Belle Chasse, LA , retail saloon-liquor; Maria s Restaurant, LLC, Maria s Restaurant, LLC,

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7 8475 Hwy. 23, Suite B, Belle Chasse, LA , retail saloon-liquor; Blue Angel Investments, LLC, Blue Angel Lounge, 9670 Hwy. 23, Belle Chasse, LA , retail saloon-liquor; Beers R Us, LLC, Seatrain Tavern, 9080 Hwy. 23, Belle Chasse, LA , retail saloonliquor; Penny Gas Station, LLC, Fill-A-Sack, Hwy. 23, Belle Chasse, LA , package house-liquor; Delta Drugs of P.S., Inc., Delta Drugs, Hwy. 23, Port Sulphur, LA , package house-liquor; Guilbeau s Deli, LLC, Guilbeau s Deli, Hwy. 23, Suite A, Port Sulphur, LA , retail saloon-liquor; Guilbeau, Inc., Guilbeau s, Hwy. 23, Port Sulphur, LA , package house-liquor; Watutsi Ale, Hwy. 11, Empire, LA , retail saloon-liquor; Iguan s Daiquiri Express, Inc., Iguana s Daiquiri Express, 123 Eldorado Street, Buras, LA , retail saloon-liquor; K Lo Enterprises, LLC, The Ferry Stop Diner, 3762 Hwy. 39, Braithwaite, LA , retail saloon-liquor; K Lo Enterprises, LLC, The Ferry Stop, 3762 Hwy. 39, Suite A, Braithwaite, LA , package house-liquor; K Lo Enterprises, LLC, The Ferry Stop Diner, 3762 Hwy. 39, suite A, Braithwaite, LA , retail saloon-beer. BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Sheriff I. F. Jiff Hingle and the Plaquemines Parish Health Department as notice of approval of application for permit. R E S O L U T I O N NO On motion of Council Member Beshel, seconded by Council Member Banta, and on roll call all members present voting Yes, except Council Member Friedman, absent, the following Resolution was adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following application for construction permits in the Parish of Plaquemines is hereby approved: AT&T, Application No. O , dated August 18, 2009, for Trench copper and fiber cable, Stella Area; Southern Natural Gas Co., Application No. O , dated September 8, 2009, to abandon and partial removal of existing 12" SNG pipeline, Pointe-a-la-Hache Area; Mariner Energy, Inc., Application No. O , dated December 16, 2009, for prop-wash and workover two wells, South Pass Block 24 Field; ExxonMobil Production Co., Application No. O , dated January 4, 2010, to dredge and prop-wash to access three wells to plug and abandon and remove all associated facilities and flowlines, Delta Duck Club Field; Eustis Engineering, Application No. O , dated January 8, 2010, drill soil borings, auger borings and perform cone penetrometer test, Venice Area; Hilcorp Energy Company, Application No. O , dated January 15, 2010, for maintenance dredge existing canal for vessel access to perform oil transfer operations, Lake Washington Field; W & T Offshore, Inc., Application No. O , dated January 29, 2010, to drill the SL Well No. 001 and install caisson well protector, Breton Sound Block 33; Eustis Engineering, Application No. O , dated January 27, 2010, to drill one soil boring, Alliance Area. R E S O L U T I O N NO On motion of Council Member Beshel, seconded by Council Member Banta, and on roll call all members present voting Yes, except Council Members Hodnett, Present but not Voting, and Friedman, absent, the following Resolution was adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following application for construction permits in the Parish of Plaquemines is hereby approved: Swift Energy Operating, LLC, Application No. O , dated December 21, 2009, to install 6" flowlines, Lake Washington Field. R E S O L U T I O N NO On motion of Council Member Beshel, seconded by Council Member Banta, and on roll call all members present voting Yes, except Council Members Hodnett and Turner, Present but not Voting, and Friedman, absent, the following Resolution was adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following application for construction permits in the Parish of Plaquemines is hereby approved: Chevron Pipeline Company, Application No. O , dated January 29, 2010, to install pilings, boat ramp, platform, work area, and 10" pipeline and remove an existing 16" pipeline, Main Pass 69 Facility.

8 R E S O L U T I O N NO On motion of Council Member Turner, seconded by Council Member Beshel, and on roll call all members present and voting Yes, except Council Member Friedman, absent, the following Resolution was adopted: A Resolution approving the issuance of a special permit to Bennie J. Ancar for the construction of a residence on property located in a FP (Flood Plain) Zoning District at 384 Grand Bayou Way, Port Sulphur, Louisiana, all in accordance with Application No. B , dated February 02, WHEREAS, Bennie J. Ancar applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. B , dated February 02, 2010) for a permit to construct a residence on property located at 384 Grand Bayou Way, Port Sulphur, Louisiana; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Bennie J. Ancar for the construction of a residence on property located in a FP (Flood Plain) Zoning District at 384 Grand Bayou Way, Port Sulphur, Louisiana, all in accordance with Application No. B , dated February 02, BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that Parish employees and officials are authorized to carry out the purposes of this Resolution, both without further reading and approval by the Plaquemines Parish Council. ORDINANCE NO The following Ordinance was offered by Council Member Hinkely who moved its adoption: An Ordinance to amend and as amended, re-enact the provisions of Section 15-4(b)(16)a., of Chapter 15, Motor Vehicles and Traffic, of the Code of Ordinances; to provide for a speed limit of 25 mph for all vehicular traffic on Barriere Road, Belle Chasse, Louisiana; and otherwise to provide with respect thereto. WHEREAS, Council Ordinance No , adopted March 22, 2007, established that a speed limit of thirty-five (35) miles per hour is hereby established for all vehicular traffic on Barriere Road, Belle Chasse, Louisiana ; and WHEREAS, there is growing concern among the residents of the parish along Barriere Road through Fort St. Leon Subdivision of the safety to the public and the residents of the area due to the present speed limit and the increased construction traffic related to Hurricane Recovery projects; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 Section 15-4(b)(16)a., of Chapter 15, Motor Vehicles and Traffic, of the Code of Ordinances is hereby amended and as amended that a speed limit of twenty-five (25) miles per hour is hereby established for all vehicular traffic on Barrier Road, Belle Chasse, Louisiana. SECTION 2 The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole.

9 Council Member Guey seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Lynda G. Banta and Marla Cooper NAYS: None ABSENT: Council Member John J. Friedman PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, ORDINANCE NO The following Ordinance was offered by Council Member Beshel who moved its adoption: An Ordinance authorizing the Parish President to execute those documents and agreements required in granting the U.S. Corps of Engineers a right of entry for ingress and egress to conduct surveys, soil borings, environmental and cultural resources investigations and hazardous, toxic and radioactive waste assessments in connection with the Hurricane Storm Damage Risk Reduction System Project, Plaquemines Parish, Louisiana, NOV-01 to NOV-02 Existing Row ; and otherwise to provide with respect thereto. WHEREAS, the U. S. Army Corps of Engineers requests a Right of Entry in connection with NOV-01 to NOV-02 Existing Row of the New Orleans to Venice (NOV) Hurricane Storm Damage Risk Reduction System Project, Plaquemines Parish, as referenced by the correspondence, dated December 14, 2009, on file with the Council Secretary s Office and the Parish Attorney s Office; and WHEREAS, the work will consist of performing surveys, soil borings, environmental and cultural resources investigations, and hazardous, toxic and radioactive waste assessments in connection with NOV-01 to NOV-2 Existing Row of the New Orleans to Venice (NOV) Hurricane Storm Damage Risk Reduction System Project, Plaquemines Parish; and WHEREAS, all of the work to be accomplished will be performed within the existing levee rightsof-way; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 It hereby authorizes the Parish President to grant U.S. Corps of Engineers a Right of Entry for the ingress and egress in connection with NOV-01 to NOV-02 Existing ROW of the New Orleans to Venice (NOV) Hurricane Storm Damage Risk Reduction System Project, Plaquemines Parish, and sign ay and all documents associated with the Right of Entry. SECTION 2 The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Banta seconded the motion to adopt the Ordinance.

10 The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Lynda G. Banta and Marla Cooper NAYS: None ABSENT: Council Member John J. Friedman PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, R E S O L U T I O N NO On motion of Council Member Hodnett, seconded by Council Member Hinkley, and on roll call all members present voting Yes, except Council Member Friedman, absent, the following Resolution was adopted: A Resolution to authorize the Parish President, William H. Billy Nungesser, to enter into a Cooperative Endeavor Agreement with the State of Louisiana, Department of Transportation (DOTD) for State Project # , F. Edward Hebert Roadway Improvements ; and otherwise to provide with respect thereto. WHEREAS, Article VII, Section 14 (c) authorizes political subdivisions of the State of Louisiana to enter into cooperative endeavor agreements with each other for a public purpose consistent with the obligations imposed on each public body by law; and WHEREAS, the State Department of Transportation and Development has approved the implementation of State Project # , F. Edward Hebert Roadway Improvements and has requested the confection and execution of a Cooperative Endeavor Agreement to govern each party s commitment and obligations for said project; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves of a Cooperative Endeavor Agreement with the State of Louisiana, Department of Transportation and Development, for implementation of State Project # , F. Edward Hebert Roadway Improvements and that the Parish President, William H. Billy Nungesser, is hereby authorized to enter into and execute a Cooperative Endeavor Agreement with the State of Louisiana, Department of Transportation and Development, for implementation of State Project # , F. Edward Hebert Roadway Improvements and to sign any and all documents associated with such implementation. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that Parish employees and officials are authorized to carry out the purposes of this Resolution, both without further reading and approval by the Plaquemines Parish Council. ORDINANCE NO The following Ordinance was offered by Council Member Guey who moved its adoption: An Ordinance to amend the Five-Year Capital Improvements Plan for the Drainage Improvement-Main Street/Avenue G Project and General Fund 2010 Operating Expenditure Budget, Flood Control Department, line items Materials- Drainage Pipe; and otherwise to provide with respect thereto. WHEREAS, $5,000 is needed for pipes and catch basins for drainage repairs due to flooding occurring on Magnolia Drive and Tiemakers Road; and

11 WHEREAS, amending the Five-Year Capital Improvements Plan by transferring $5,000 from the Drainage Improvement-Main Street/Avenue G Project to the Flood Control Department, line item Materials-Drainage Pipe is requested; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Five-Year Capital Improvements Plan and 2010 Operating Expenditure Budget are amended by transferring $5,000 from the Drainage Improvement-Main Street/Avenue G Project to the Flood Control Department, as follows: FUND GENERAL 01 DEPARTMENT/DIVISION FLOOD CONTROL-GENERAL OBJECT DESCRIPTION AMENDMENT MATERIALS-DRAINAGE PIPE INCREASE BY $5, WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Hinkley seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Lynda G. Banta and Marla Cooper NAYS: None ABSENT: Council Member John J. Friedman PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, R E S O L U T I O N NO On motion of Council Member Banta, seconded by Council Member Buras, and on roll call all members present voting Yes, except Council Members Hodnett, voting No, and Friedman, absent, the following Resolution was adopted: A Resolution approving Evans-Graves Engineers, Inc. as the engineers of record selected for Fringe Marsh Repair Planning & Construction MMS Project # M09AF16086 which is funded through Minerals Management Services (MMS) utilizing the Coastal Improvement Assistance Program (CIAP) into the Parish; and authorizing Plaquemines Parish President, William Billy Nungesser to negotiate, sign and execute all documents pertaining to the planning phase contract in the amount of $1,159, WHEREAS, the United State of America, acting by and through the Minerals Management Services, has offered a Grant to the Plaquemines Parish Government for all approved costs up to and not exceeding $1,237,680 for the Fringe Marsh Repair Planning & Construction and the Council has accepted the funding; and WHEREAS, Evans-Graves Engineers, Inc. was selected pursuant to Federal Regulations via Requests for Proposals and Requests for Qualifications through Plaquemines Parish Government following acceptance by the Federal Minerals Management Services to be the engineers on MMS Project #M09AF16086; NOW, THEREFORE:

12 BE IT RESOLVED by the Plaquemines Parish Council that it hereby accepts Evans-Graves Engineers, Inc. as the engineer of record for Mineral Management Services (MMS) Project #M09AF BE IT FURTHER RESOLVED by the Plaquemines Parish Council that it hereby approves the planning phase contract with Evans-Graves Engineers, Inc. in the amount of $1,159, payable with the funding from Minerals Management Services (MMS) Project #M09AF16086 though the Coastal Improvement Assistance Program (CIAP) and in alignment with the project period of the award. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that it hereby authorizes the Plaquemines Parish President, William Billy Nungesser to negotiate, sign and execute all documents pertaining to the contract. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that Parish employees and officials are authorized to carry out the purposes of this Resolution, both without further reading and approval by the Plaquemines Parish Council. ORDINANCE NO The following Ordinance was offered by Council Member Cooper who moved its adoption: An Ordinance to amend the Five-Year Capital Improvements Plan for the Culvert-Hwy. 23 South of Deadman s Lane Project; and otherwise to provide with respect thereto. WHEREAS, due to the collapsing south side drainage canal ditch, $32,000 is needed for the Hwy. 23 South of Deadman s Lane Project; and WHEREAS, amending the Five-Year Capital Improvements Plan by transferring $32,000 to the Culvert-Hwy. 23 South of Deadman s Lane Project from Road Maintenance District 9 Project is requested; NOW THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Five-Year Capital Improvements Plan is amended by appropriating $32,000 to the Culvert- Hwy. 23 South of Deadman s Lane Project; funding source, transfer from the Road Maintenance- District 9 Project; 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 Banta seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Lynda G. Banta and Marla Cooper NAYS: None

13 ABSENT: Council Member John J. Friedman PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, ORDINANCE NO The following Ordinance was offered by Council Member Beshel who moved its adoption: An Ordinance to amend the General Fund 2010 Operating Expenditure Budget and the Manpower Structure, Ferries-Belle Chasse Department, personal services line items; and otherwise to provide with respect thereto. WHEREAS, funding for one Vacant/Unbudgeted Chief Ferry Engineer in the Ferries-Belle Chasse Department is requested; and WHEREAS, amending the General Fund 2010 Operating Expenditure Budget Ferries-Belle Chasse Department, personal services line items by appropriating $65,340 from the General Fund Unreserved/Undesignated Fund Balance is requested; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The 2010 Manpower Table is amended by funding one Vacant/Unbudgeted Chief Ferry Engineer position. SECTION 2 The General Fund, 2010 Operating Expenditure Budget, Ferries-Belle Chasse Department, is amended by appropriating $65,340 from the General Fund Unreserved/Undesignated Fund Balance as follows: FUND GENERAL 01 DEPARTMENT/DIVISION FERRIES-BELLE CHASSE OBJECT DESCRIPTION AMENDMENT SALARIES & WAGES REGULAR INCREASE BY $47, FICA TAXES INCREASE BY RETIREMENT INCREASE BY 7, GROUP INSURANCE INCREASE BY 10, WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Hodnett seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Lynda G. Banta and Marla Cooper NAYS: None ABSENT: Council Members Keith Hinkley and John J. Friedman PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, 2010.

14 R E S O L U T I O N NO On motion of Council Member Beshel, seconded by Council Member Banta, and on roll call all members present voting Yes, except Council Members Hodnett, voting No, and Friedman, absent, the following Resolution was adopted: A Resolution authorizing the Parish President to execute the Engineering Agreement with Evans-Graves Engineers, Inc. and all other documents needed in the implementation of the replacement and upgrade of curbs and sidewalks, as provided under the Katrina/Rita Community Development Block Grant Long Term Community Recovery Program. WHEREAS, the Plaquemines Parish Government submitted an application for funding under the Katrina/Rita Community Development Block Grant (CDBG) Long Term Community Recovery (LTCR) Program and has received a grant in the amount of $953, for the funding of the Replacement and Upgrade of Curbs and Sidewalks throughout the Parish of Plaquemines; and WHEREAS, in accordance with the Plaquemines Parish Katrina/Rita CDBG-Disaster Recovery Procurement Policy, adopted by the Plaquemines Parish Council under Resolution No on August 14, 2008, the Office of the Parish President solicited Statements of Qualifications from interested engineering firms to provide the needed engineering services required in the implementation of the project; and WHEREAS, after reviewing and ranking all responses received, Evans-Graves Engineers, Inc. received the highest score in the selection process; and WHEREAS, preparatory to the solicitation of sealed bids for construction of the replacement and upgrade of curbs and sidewalks, the contract between the Plaquemines Parish Government and Evans-Graves Engineers, Inc. for engineering services is needed for the preparation of the plans and specifications; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby authorizes the execution of the required engineering services agreement between the Plaquemines Parish Government and Evans-Graves Engineers, Inc., to provide needed engineering services for the implementation of the Replacement and Upgrade of Curbs and Sidewalks throughout the Parish of Plaquemines, as approved and funded by the LA Division of Administration, Office of Community Development-Disaster Recovery Unit. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Parish President is the authorized representative for the project and as such is authorized to negotiate and execute the contract for engineering services needed for the implementation of the Replacement and Upgrade of Curbs and Sidewalks on behalf of the Plaquemines Parish Government in addition to all other documents pertaining to the project. BE IT FURTHER RESOLVED that the Plaquemines Parish Council hereby certifies that the funding being requested under the CDBG LTCR Program will be used to undertake the implementation of the Replacement and Upgrade of Curbs and Sidewalks throughout the Parish of Plaquemines; and, with no other funding source, the monies to undertake the project would have to be derived from the Parish Operations and Maintenance Budget resulting in a critical reduction in revenues for programs and operations of the Parish. BE IT FURTHER RESOLVED that the Plaquemines Parish Council hereby certifies that there are no other sources of funding available to undertake this needed project. R E S O L U T I O N NO On motion of Council Member Beshel, seconded by Council Member Cooper, and on roll call all members present voting Yes, except Council Members Buras, voting No, and Friedman, absent, the following Resolution was adopted: A Resolution authorizing Plaquemines Parish Government to settle the matter entitled Direct General Insurance Company of Louisiana, as subrogee for Dwayne

15 Toney vs. Plaquemines Parish, 25 th JDC, No , Div. B; and otherwise to provide with respect thereto. WHEREAS, L.V. Cooley, Special Assistant Parish Attorney, is defending the interests of Plaquemines Parish Government in the lawsuit entitled Direct General Insurance Company of Louisiana, as subrogee for Dwayne Toney vs. Plaquemines Parish, 25 th JDC, No , Div. B; and WHEREAS, L.V. Cooley, Special Assistant Parish Attorney, has recommended that it is in the best interests of the Parish that Plaquemines Parish Government settle this matter in exchange for payment to Direct General Insurance Company of Louisiana, as subrogee for Dwayne Toney, and its attorney the amount of ½ of the value of the damage claim or $ in exchange for a full receipt, release and indemnity of Plaquemines Parish, Plaquemines Parish Government, its agents and employees for all present and future claims that might arise from the alleged negligence of Plaquemines Parish related to Dwayne Toney s motor vehicle accident on July 20, 2004, occurring after he drove through standing water caused by a broken fire hydrant that was being repaired by Plaquemines Parish Government contractor employees on Highway 23 in Plaquemines Parish, including but not limited to any and all claims alleged in the above referenced lawsuit; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby authorizes the Plaquemines Parish Government, through the Parish Attorney s Office and the Parish President, to settle the matter entitled Direct General Insurance Company of Louisiana, as subrogee for Dwayne Toney vs. Plaquemines Parish, 25 th JDC, No , Div. B, on such terms and such other terms and conditions as the Parish President deems to be in the interest of the Parish of Plaquemines and the Plaquemines Parish Government. 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 Beshel, seconded by Council Member Banta, and on roll call all members present voting Yes, except Council Member Friedman, absent, the following Resolution was adopted: A Resolution approving of a Community Water Enrichment Fund Grant from the Office of Community Services in the amount of $135,714 to replace approximately 1000 liner feet of aged cast iron water line along Hwy. 15, Davant, LA.; authorizing the Parish President to approve and accept such grant, and to execute all required documents; and otherwise to provide with respect thereto. WHEREAS, the Parish Administration annually seeks a grant from the State Office of Community Services for Community Water Enrichment Funds (CWEF) for improvement projects to the Parish s Potable Water System; and WHEREAS, the State Office of Community Services has approved the Parish s FY Community Water Enrichment Fund (CWEF) program application in the amount of $135,714 for such work; and WHEREAS, such a project will benefit Plaquemines Parish in improving the safety, health and living conditions of the affected area by improving water quality and reducing maintenance and waste; and WHEREAS, the Plaquemines Parish Council supports Parish President Billy Nungesser in his effort to obtain such grants; NOW, THEREFORE: BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves of the Community Water Enrichment Fund Grant from the State Office of Community Services in the amount of

16 $135, from the State s CWEF Program form the State s FY CWEF program to replace aged cast iron water lines located along Hwy 15, Davant, LA. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Parish President, William Billy Nungesser, is the authorized representative for the project and as such is authorized to accept the grant on behalf of the Plaquemines Parish Government with full authority to execute all documents pertaining to the project. BE IT FURTHER RESOLVED by the Plaquemines Parish Council that the Secretary of this Council is hereby authorized and directed to immediately certify and release this Resolution and that Parish employees and officials are authorized to carry out the purposes of this Resolution, both without further reading and approval by the Plaquemines Parish Council. ORDINANCE NO The following Ordinance was offered by Council Member Beshel who moved its adoption: An Ordinance to amend the General Fund, 2010 Revenue and Expenditure Budgets and Manpower Structure, DA s Domestic Violence Department; and otherwise to provide with respect thereto. WHEREAS, a grant has been awarded to Plaquemines Parish Government from the State to fund 100% of the salary plus fringe benefits for the Domestic Violence Outreach position; and WHEREAS, amending the General Fund, 2010 Revenue and Expenditure Budgets and Manpower Structure, DA s Domestic Violence Department, to create and fund one full-time unclassified Domestic Violence Victim Outreach position at a salary of $38,230 plus benefits is requested; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The 2010 Manpower Structure is amended by creating and funding one full-time unclassified Domestic Violence Victim Outreach position at a salary of $38,230 plus benefits. SECTION 2 The General Fund 2010 Operating and Expenditure Budgets are amended by appropriating $48,660 to the DA s Domestic Violence Department from Louisiana s Domestic Violence Outreach Project Grant as follows: FUND GENERAL 01 DEPARTMENT/DIVISION DA s DOMESTIC VIOLENCE OBJECT DESCRIPTION AMENDMENT 434 STATE REIMB-DOMESTIC INCREASE BY $48, VIOLENCE VICTIM OUTREACH MACHINERY & EQUIPMENT INCREASE BY 3, SALARIES & WAGES-REGULAR INCREASE BY 38, FICA TAXES INCREASE BY RETIREMENT INCREASE BY 6, WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Banta seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Burghart Turner, Lynda G. Banta and Marla Cooper

17 NAYS: None ABSENT: Council Members Anthony L. Buras and John J. Friedman PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, ORDINANCE NO The following Ordinance was offered by Council Member Beshel who moved its adoption: An Ordinance to amend the General Fund, 2010 Operating Expenditure Budget, Legal-Judgments Department, line item Judgments & Damages-Toney, Dwayne; and otherwise to provide with respect thereto. WHEREAS, $1,980 is needed for settlement of 25 th JDC, Case No , Division B, Dwayne Toney vs Plaquemines Parish Government; and WHEREAS, amending the General Fund, 2010 Operating Expenditure Budget, Legal-Judgments Department, line item Judgments & Damages-Toney, Dwayne by appropriating $1,980 from the General Fund Unreserved/Undesignated Fund Balance is requested; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The General Fund, 2010 Operating Expenditure Budget, Legal-Judgments Department, is amended by appropriating $1,980 from the General Fund Unreserved/Undesignated Fund Balance as follows: FUND GENERAL 01 DEPARTMENT/DIVISION LEGAL-JUDGMENTS OBJECT DESCRIPTION AMENDMENT Judgments & Damages-Toney, Dwayne INCREASE BY $1, WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Turner seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Burghart Turner, Lynda G. Banta and Marla Cooper NAYS: Council Member Anthony L. Buras ABSENT: Council Member John J. Friedman PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, ORDINANCE NO The following Ordinance was offered by Council Member Beshel who moved its adoption: An Ordinance to amend the General Fund 2010 Manpower Structure and Operating Expenditure Budget, Judges-25th JDC Divsion B & Juvenile Division and Judges-Department of Juvenile Services; and otherwise to provide with respect thereto.

18 WHEREAS, it has been requested by the Judge for the 25 th Judicial District Division B to transfer six positions from Judges-25th JDC Division B & Juvenile Division and one position from Judges-Department of Juvenile Services as follows: To Minute Clerk Dept-Division B & Juvenile Division, From Dept of Juvenile Services Juvenile Minute Clerk (1) To Minute Clerk Dept-Division B & Juvenile Division, From 25 th JDC Division B & Juvenile Division Civil & Family Minute Clerk/Chief Div B Minute Clerk (1) Criminal Minute Clerk (3) Minute Clerk part-time (1) To Misdemeanor Probation Department-Division B, From 25 th JDC Division B & Juvenile Division Chief Misdemeanor Probation Officer (1) NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The 2010 Manpower Structure is amended by transferring the positions and personnel as follows: To Minute Clerk Dept-Division B & Juvenile Division, From Dept of Juvenile Services Juvenile Minute Clerk (1) To Minute Clerk Dept-Division B & Juvenile Division, From 25 th JDC Division B & Juvenile Division Civil & Family Minute Clerk/Chief Div B Minute Clerk (1) Criminal Minute Clerk (3) Minute Clerk part-time (1) To Misdemeanor Probation Department-Division B, From 25 th JDC Division B & Juvenile Division Chief Misdemeanor Probation Officer (1) SECTION 2 The General Fund 2010 Operating Expenditure Budget is amended by transferring funds to the Judges-Minute Clerk Dept-Division B & Juvenile Division and Judges-Misdemeanor Probation Department-Division B from the Judges-25th JDC Division B & Juvenile Division and Judges-Dept of Juvenile Services as follows: FUND GENERAL 01 DEPARTMENT/DIVISION 25 th JDC Division B & Juvenile Division OBJECT DESCRIPTION AMENDMENT SALARIES & WAGES REGULAR DECREASE BY ($254,460.00) FICA TAXES DECREASE BY (4,440.00) RETIREMENT DECREASE BY (38,190.00) GROUP INSURANCE DECREASE BY (26,860.00) FUND GENERAL 01 DEPARTMENT/DIVISION Department of Juvenile Services

19 OBJECT DESCRIPTION AMENDMENT SALARIES & WAGES REGULAR DECREASE BY ($55,620.00) FICA TAXES DECREASE BY (810.00) RETIREMENT DECREASE BY (8,760.00) GROUP INSURANCE DECREASE BY (150.00) FUND GENERAL 01 DEPARTMENT/DIVISION Minute Clerk Dept. Div B & Juvenile Division OBJECT DESCRIPTION AMENDMENT SALARIES & WAGES REGULAR INCREASE BY $255, FICA TAXES INCREASE BY 4, RETIREMENT INCREASE BY 38, GROUP INSURANCE INCREASE BY 16, FUND GENERAL 01 DEPARTMENT/DIVISION Misdemeanor Probation Dept-Div B OBJECT DESCRIPTION AMENDMENT SALARIES & WAGES REGULAR INCREASE BY $55, FICA TAXES INCREASE BY RETIREMENT INCREASE BY 8, GROUP INSURANCE INCREASE BY 10, WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Banta seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Lynda G. Banta and Marla Cooper NAYS: None ABSENT: Council Member John J. Friedman PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, Council Member Beshel moved to revert to Agenda Item 5, Introduction of Ordinances and Resolutions. Without objections, so ordered. a. An Ordinance amending Ordinance No , adopted January 14, 2010, which authorized the Parish President, William Billy Nungesser, to initiate the formation of a paid firefighters program for Plaquemines Parish by creating various positions; to amend the minimum salary for the position of Firefighter/Operator Shift Supervisor; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY b. A Resolution authorizing the Parish President to execute those documents and agreements required for a Letter of Credit with Regions Bank to provide for the completion of Permit P with the Louisiana Department of Natural Resources; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS c. An Ordinance to amend the General Fund, 2010 Operating Expenditure Budget Legal- Judgements Department, line item Judgements & Damages-Ragas, L./turner, A.; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL d. A Resolution authorizing Plaquemines Parish Government to settle the matter entitled, Lori Ragas and Atasha Turner, individually and on behalf of her minor children Brandon turner, Jujuan Turner and Jaquam Turner versus Plaquemines Parish Government and Joseph Ingraham, 25 th JDC, No , Division B ; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL

20 e. A Resolution accepting a proposal for trapping and disposing of nuisance coyotes Parish wide; authorizing the Parish President to enter into a contract for such services; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL f. A Resolution authorizing and directing the Parish President, Billy Nungesser, to execute the Cooperative Endeavor Agreement with the Plaquemines Parish School Board for the purchase of the Woodlawn Building as authorized by Ordinance No , adopted May 14, 2009, within 96 hours. COUNCIL MEMBER BESHEL g. An Ordinance to amend the General Fund, 2010 Operating Expenditure Budget, Coastal Zone Management Department, line item Professional Services-Public Awareness Advertising; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL h. An Ordinance to amend the Five-Year Capital Improvements Plan for the Port Sulphur Tennis Courts Project and the 2010 Operating Expenditure Budget, Recreation Department; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL i. A Resolution authorizing and directing the Parish President, Billy Nungesser to complete the Resurface/Striping-Highway 15 Project before June 1, 2010; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL j. A Resolution authorizing the Port Sulphur Volunteer Fire Department to use the grounds at the Diamond Park for a Carnival Fair on May 7, 8, and 9, 2010; authorizing the Parish President, William Billy Nungesser, to issue the permit and to execute all documents related thereto; and otherwise to provide with respect thereto. COUNCIL MEMBER TURNER k. An Ordinance the Parish President, Billy Nugesser, to enter into and execute a vehicle turnaround servitude agreement with Dorothy Higgins wife of Irvin Wallace; and otherwise to provide with respect thereto. COUNCIL MEMBER TURNER l. An Ordinance authorizing and directing the Parish President, Billy Nungesser, to enter into and execute a Cooperative Endeavor Agreement with Young Men s Christian Association (YMCA) CEO David Ozmore to implement a 5-year agreement to provide parish resident services and programs through the four Parish Community Centers in Boothville, Buras, Davant and Port Sulphur; and to amend the Five-Year Capital Improvement Plan for the Pump Station Repairs-Parishwide Project; and otherwise to provide with respect thereto. COUNCIL MEMBER BANTA m. An Ordinance to appropriate the sum of $50, from the Overlay-Buras Boat Harbor Road Fund to the Building Acquisition-Maintenance Department Project to re-skin a frame to be used as a storage building located by the YMCA in Buras, Louisiana; and otherwise to provide with respect thereto. COUNCIL MEMBER BANTA n. An Ordinance to amend the General Fund, 2010 Operating Expenditure Budget, Legislative Liaison Department, line item Professional Services-Legislative Liaison; and otherwise to provide with respect thereto. COUNCIL MEMBER BANTA o. An Ordinance authorizing the Parish President to execute those documents and agreements required in granting the U.S. Corps of Engineers, a right of entry, including ingress and egress, to and from Triumph Pit Tracts P400, P404 and P400E-1, Plaquemines Parish, Louisiana, to pump the pit down, create a temporary access road within the pit and remove an abandoned Forest Oil Corporation Well; and otherwise to provide with respect thereto. COUNCIL MEMBER BANTA p. An Ordinance to appropriate the sum of $ from the Road Maintenance- District 1 Fund to overlay Bazile Drive, Braithwaite, Louisiana; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL q. An Ordinance to amend the Five-Year Capital Improvements Project by transferring $ from the Road Maintenance-District 1 Project for the completion of the black topping of the Pointe a al Hache Marina; and otherwise to provide with respect thereto. COUNCIL MEMBER BESHEL

21 SUSPENSION OF RULES Council Member Turner moved to suspend any and all rules necessary to add to the Agenda and to consider at today s meeting a Resolution entitled A Resolution authorizing the Parish President to execute those documents and agreements required in the submission of the application for funding of Plaquemines Parish Fisheries Infrastructure Program-South Plaquemines United Fisheries Cooperative Project under the Community Development Block Grant-Fisheries Infrastructure Program; certifying that the Urgent Need National Policy Objective is being met; and otherwise to provide with respect thereto. Council Member Beshel seconded the motion to suspend the rules. The Motion having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Lynda G. Banta and Marla Cooper NAYS: None ABSENT: Council Member John J. Friedman PRESENT BUT NOT VOTING: None And the Motion was adopted on this the 11 th day of February, R E S O L U T I O N NO On motion of Council Member Turner, seconded by Council Member Beshel, and on roll call all members present voting Yes, except Council Member Friedman, absent, the following Resolution was adopted: A Resolution authorizing the Parish President to execute those documents and agreements required in the submission of the application for funding of Plaquemines Parish Fisheries Infrastructure Program-South Plaquemines United Fisheries Cooperative Project under the Community Development Block Grant- Fisheries Infrastructure Program; certifying that the Urgent Need National Policy Objective is being met; and otherwise to provide with respect thereto. WHEREAS, the Plaquemines Parish Government is submitting an application for funding under the Community Development Block Grant-Fisheries Infrastructure Program from the Louisiana Office of Community Development-Disaster Recovery Unit to secure funding for the South Plaquemines United Fisheries Cooperative Project; and WHEREAS, in order to apply for such a grant, the Parish must submit its CDBG-Fisheries Infrastructure Program application package in compliance with HUD Program Regulations; and WHEREAS, such regulations require that the Plaquemines Parish Government provide as part of such package a certified copy of a Resolution which authorizes submission of the application and designates the Parish President, as the authorized representative of the Parish, to sign all application documents and certifications; and WHEREAS, such regulations further require that the Plaquemines Parish Government certify that the activity for which CDBG-Fisheries Infrastructure Program funds are being requested to undertake the project are urgently needed to alleviate conditions which poses a serious and immediate threat to the health or welfare of the Parish; and, which were a direct result of the damages sustained in the Hurricane; and WHEREAS, with no other funding source, the monies to undertake the project would have to be derived from the Parish Operations and Maintenance Budget resulting in a critical reduction in revenues for programs and operations of the Parish Government; NOW, THEREFORE:

22 BE IT RESOLVED by the Plaquemines Parish Council that the submission of the CDBG- Fisheries Infrastructure Program application package is hereby authorized, with the proceeds from such grant to be used to undertake the South Plaquemines United Fisheries Cooperative Project. BE IT FURTHER RESOLVED that the Parish President, William Billy Nungesser, is authorized and directed to file an application and any amendments thereto for a CDBG-Fisheries Infrastructure Program grant on behalf of the Plaquemines Parish Government with full authority to execute all documents pertaining to the project. BE IT FURTHER RESOLVED that the Plaquemines Parish Government hereby certifies that the funding being requested under the CDBG-Fisheries Infrastructure Program will be used to implement the South Plaquemines United Fisheries Cooperative Project-a project which is urgently needed to alleviate conditions which pose a serious and immediate threat to the health or welfare of the Parish as a result of the damages sustained in the Hurricane; and, with no other funding source, the monies to undertake the project would have to be derived from the Parish Operations and Maintenance Budget resulting in a critical reduction in revenues for programs and operations of the Parish. BE IT FURTHER RESOLVED that the Plaquemines Parish Government hereby certifies that there are no other sources of funding available to undertake this urgently needed project. 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. There being no further business to come before this Council, on motion of Council Member Hinkley, seconded by Council Member Turner, and on roll call all members present voting Yes, except Council Member Buras, present but not voting, and Council Member Friedman, absent, the meeting adjourned at 4:35 p.m. Secretary Chairman

23 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, February 11, 2010, at 4:35 p.m. pursuant to notice to all members with a quorum present as follows: PRESENT: Council Member Don Beshel, Chairman Council Member Burghart Turner Council Member Keith Hinkley Council Member Jerry Hodnett Council Member Stuart J. Guey Council Member Anthony L. Buras Council Member Lynda G. Banta Council Member Marla Cooper Melissa P. LeBlanc, Secretary ABSENT: Council Member John J. Friedman Mr. Billy Nungesser, Parish President is absent. The Pledge of Allegiance was dispensed with. ORDINANCE NO The following Ordinance was offered by Council Member Banta who moved its adoption: An Ordinance authorizing and directing the Plaquemines Parish Council Chairman, Don Beshel, to enter into a Cooperative Endeavor Agreement between the Board of Commissioners of the Port of South Louisiana and the Plaquemines Parish Port, Harbor and Terminal District for joint marketing of their Ports; the Cooperative Endeavor Agreement shall become effective on the date of later execution by either of the parties; and otherwise to provide with respect thereto. WHEREAS, Article VII, Section 14 of the 1974 Louisiana Constitution provides that governmental agencies may enter into cooperative endeavor agreements with each other to achieve a public purpose; and WHEREAS, the Plaquemines Parish Port, Harbor and Terminal District (the District) and the Board of Commissioners of the Port of South Louisiana (the Board) believe that a regional approach to port marketing and operations is essential for the region to compete for maritime business in the future; and WHEREAS, the District and the Board believe that, by joining forces on marketing, operations and financing, they will create a joint effort which will put them in a more competitive position in world maritime market; and WHEREAS, in accordance with the provisions of Article VII, Section 14, of the 1974 Louisiana Constitution, the District and the Board hereby agree to the following terms and conditions of the Cooperative Endeavor Agreement: I. The purpose of the Cooperative Endeavor Agreement is the development of a joint marketing plan by the District and the Board to promote the facilities of each entity in order to increase maritime commerce within the jurisdictional limits of both ports; and II. III. The District and the Board agree to consider joint investments of capital and joint port and terminal operations in order to maximize maritime commerce and cargo throughput in both ports. The parties agree to consider the specific details, including the parties relative obligations and contributions under any such arrangements, on a case-by-case basis in the future and agree to confirm all such arrangements in writing; and The District and the Board agree to assign adequate staff to prepare plans and set goals and objectives to implement the purposes and intents of the Cooperative Endeavor Agreement; and

24 IV. The terms of the Cooperative Endeavor Agreement shall be binding on both parties and their successors. This Cooperative Endeavor Agreement may be terminated by either party on giving thirty (30) days notice one to the other; NOW, THEREFORE: BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 It hereby authorizes the Plaquemines Parish Council Chairman, Don Beshel, to sign said Cooperative Endeavor Agreement between the Board of Commissioners of the Port of South Louisiana and the Plaquemines Parish Port, Harbor and Terminal District for joint marketing of their Ports; the Cooperative Endeavor Agreement shall become effective on the date of later execution by either of the parties; copies of which are on file in the office of the Plaquemines Parish Council Secretary. SECTION 2 The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, both without further reading and approval by the Plaquemines Parish Council. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Beshel seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Don Beshel, Keith Hinkley, Jerry Hodnett, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Lynda G. Banta and Marla Cooper NAYS: None ABSENT: Council Member John J. Friedman PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 11 th day of February, There being no further business to come before this Council, sitting as the sole governing authority of the Plaquemines Port, Harbor and Terminal District, on motion of Council Member Hodnett, seconded by Council Member Buras, and on roll call all members present voting Yes, except Council Member Friedman, absent, the meeting adjourned at 4:55 p.m. Secretary Chairman

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