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, January 13, 2011, at 1:27 p.m. pursuant to notice to all members with a quorum present as follows: PRESENT: Council Member Burghart Turner, Acting Chairman Council Member Percy P.V. Griffin Council Member Keith M. Hinkley Council Member Kirk M. Lepine Council Member Stuart J. Guey Council Member Anthony L. Buras Council Member Jeff Edgecombe Council Member Byron T. Marinovich 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 Mrs. Lois Lejeune. Council Member Turner moved to Agenda Item 1-b, Public Hearing at 1:00 p.m. 1. Petition to the Plaquemines Parish Council for suspension of liquor and/or beer permit: Plaquemines Parish Sheriff s Office vs. M & S Oil Services, Sobia Cheema, Michael Kum, Jesus M. Caballer, and Manuel Jovel-Medrano. 2. Petition to the Plaquemines Parish Council for suspension of liquor and/or beer permit: Plaquemines Parish Sheriff s Office vs. Cheema One, Inc., Mohammad Cheema and Melvin Medrano. Council Member Buras called a Point of Order and made a request to advance to Agenda Item 6-k, A Resolution to elect the Chairman of the Plaquemines Parish Council and to fix the term of office; and otherwise to provide with respect thereto. Council Member Turner moved a recess at 1:30 p.m. The Meeting came back to order at 1:36 p.m., with all members present. Council Member Buras call a Point of Order pursuant to Section 241 of Mason s Manual of Legislative Procedure and respectively requested a vote on said Point of Order. Council Member Turner denied said vote pursuant to Section 245 of Mason s Manual of Legislative Procedure. Council Member Buras requested his objection be noted for the record. Council Member Turner moved to Agenda Item 1-b, Public Hearing at 1:00 p.m. 1. Petition to the Plaquemines Parish Council for suspension of liquor and/or beer permit: Plaquemines Parish Sheriff s Office vs. M & S Oil Services, Sobia Cheema, Michael Kum, Jesus M. Caballer, and Manuel Jovel-Medrano.

2 2. Petition to the Plaquemines Parish Council for suspension of liquor and/or beer permit: Plaquemines Parish Sheriff s Office vs. Cheema One, Inc., Mohammad Cheema and Melvin Medrano. The Public Hearing came to order at 1:45 p.m. Mr. Mohammad Cheema, Ms. Alicia Gravolet, and Mr. Wayne Gillet were present. Ms. Gravolet stated Mr. Joel Leoffelolz, Attorney representing Mr. Cheema, was present and ready to proceed with the Public Hearing at the December 9, 2010, Meeting. At said meeting the Council requested said Hearing be deferred. At that time, Mr. Leoffelolz then stated he would be out of the country until January 31, 2011 and requested the Hearing be set after that date. Ms. Gravolet stated that Council Members Hodnett and Guey said No Problem. Ms. Gravolet stated the Plaquemines Parish Council called a special meeting on December 31, 2010, and decided to move forward. The Plaquemines Parish Council adopted Resolution No , on December 31, 2010, authorizing and directing the Council Chairman, Don M. Beshel, to deny the Motion for Continuance filed in the M&S Oil Service and the Cheema One, Inc., Cases; and otherwise to provide with respect. Council Member Lepine stated he attended a meeting with the Sheriff and Mr. Cheema. At that meeting, the Sheriff recommended a 30 day suspension of Mr. Cheema s liquor licenses. At that meeting, Mr. Cheema accepted the suspension. Mr. Lepine asked Mr. Cheema to verify his acceptance. Mr. Cheema acknowledged he did accept the recommended suspension. Ms. Gravolet and Mr. Gillet stated for the record that the are appearing today on behalf of Mr. Joel Leoffelolz and not Mr. Cheema. Mr. Cheema acknowledged he understood the 30 day suspension. Council Member Lepine stated for the record the terms as follows: day suspension of liquor license beginning January 15, 2011, at 12:00 a.m. 2. He must remove liquor from both locations. 3. After the 30 day suspension, the license will come up for a vote and the Council will decide at that time to either grant or deny said application. Council Member Cooper stated that there was no guarantee the license would be approved. It would be the decision of the Council. She had concerns regarding the documents produced by the Sheriff s Office stating alcohol was sold to minors 12 times. Council Member Turner asked Mr. Cheema if he agreed to the Council issuing a permit today on the condition that there is no violations during the 30 day suspension. He also stated he must remove the alcohol from both premises for 30 days. Mr. Cheema responded yes. Council Member Lepine also agreed. Council Member Guey, for clarification purposes, asked if we were granting the licenses in spite of all the reports from the Sheriff s Office, on the only condition, that he can not sell alcohol for 30 days. Then, the slate would be clean and he will have his licenses. Is that what we are saying?

3 Council Member Turner asked Council Member Lepine are you in agreement on issuing the licenses if all alcohol is removed on January 15, 2011, for 30 days? Council Member Cooper stated the Council should have input on the matter and it should be in the form of a Resolution or Ordinance. Council Member Cooper wants it to be clear that, there is no guarantee he will be granted licenses. She emphasized they were caught 12 times selling alcohol to minors. She asked where did the 30 day suspension come from? Council Member Lepine stated the Sheriff recommended suspended the alcohol licenses for 30 days. But now we were are talking about granting the license on the advice of the Council. Council Member Cooper requested a resolution be adopted to make the decision. Council Member Turner stated Council Member Lepine and Mr. Robert Barnett would prepare resolutions. Council Member Turner moved to temporarily pass over said Hearing R E S O L U T I O N NO On motion of Council Member Turner, seconded by Council Member Griffin, and on roll call all members present voting Yes, except Council Member Buras, absent, the following Resolution was adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following applications for construction permit in the Parish of Plaquemines are hereby approved: Plains All American Pipeline, LP, Application No. O , dated June 21, 2010, to anomaly repair in the Mississippi River along the existing 12" BOA Loop Pipeline, Ostrica to Elmer s Junction; Colonial Pipeline Company, Application No. O , dated September 13, 2010, for five anomaly repairs on existing 20" line 7 pipeline, Lake Lery; Century Exploration N.O., Inc., Application No. O , dated October 25, 2010, to install 6" pipeline, Breton Sound Area, Blocks 45 & 52; AT&T, Application No. O , dated November 04, 2010, to install telephone cabinet, 50' of copper cable and 16' of fiber cable, English Turn Road, Braithwaite; LOBO Operating, Inc., Application No. O , dated November 15, 2010, to install 4" pipeline and 4" gas lift line, Breton Sound Area, Blocks 50 & 51; BP Pipeline (North America) Inc., Application No. O , dated December 06, 2010, to install concrete pilings for platforms, hand rails, stairs and safety gates for construction of a crude oil booster pump station, Carlisle Area; Helis Oil & Gas Company, L.L.C., Application No. O , dated December 02, 2010, to remove 6-pile timber well protector structure and site clearance, cut, cap and rebury existing flowlines, West Black Bay Field; Century Exploration N.O., Inc., Application No. O , dated December 14, 2010, to drill S.L Loc. No. 10 and install caisson sleeve structure, Breton Sound Area, Block 53; Energy Partners, Ltd, Application No. O , dated December 14, 2010, for maintenance dredging and workover S.L Well No 10, South Pass Area, Block 11 & 25; Marathon Oil Company, Application No. O , dated December 15, 2010, to plug and abandon well and remove all structures, Bay of River Aux Chenes; Texas Petroleum Investment Co., Application No. O , dated December 15, 2010, to install 4" pipeline, Delta Duck National Wildlife Refuge; Helis Oil & Gas Company, L.L.C., Application No. O , dated December 15, 2010, to install 3" gas lift line and 4" flowline, East Black Bay Field; Swift Energy Operating, LLC, Application No. O , dated December 15, 2010, to install 6" flowlines, Lake Washington Field. R E S O L U T I O N NO On motion of Council Member Guey, seconded by Council Member Griffin, and on roll call all members present voting Yes, except Council Members Lepine and Turner, Present but not Voting, and Council Member Buras, 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 are hereby approved: Chevron Pipeline

4 Company, Application No. O , dated August 31, 2010, to lower existing 16" cypress crude pipeline, Fort St. Phillip to Baptiste Collette Area. R E S O L U T I O N NO On motion of Council Member Hinkley, seconded by Council Member Buras, and on roll call all members present voting Yes, the following Resolution was unanimously adopted: A Resolution approving the issuance of a special permit to Clean Fuels Associates, Inc., for the operation of a filter and fuel cleaning business on property located in an I-3 (Heavy Industrial) Zoning District at 2894 Engineers Road, Belle Chasse, Louisiana, all in accordance with Application No. BOC , dated November 9, WHEREAS, Clean Fuels Associates, Inc., applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. BOC , dated November 9, 2010) for a permit to operate a filter and fuel cleaning business on property located at 2894 Engineers Road, Belle Chasse, Louisiana; BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Clean Fuels Associates, Inc., for the operation of a filter and fuel cleaning business on property located in a I-3 (Heavy Industrial) Zoning District at 2894 Engineers Road, Belle Chasse, Louisiana, all in accordance with Application No. BOC , dated November 9, R E S O L U T I O N NO On motion of Council Member Cooper, seconded by Council Member Guey, and on roll call all members present voting Yes, except Council Member Hinkley, absent, the following Resolution was adopted: A Resolution approving the issuance of a special permit to Paul Darensbourg for the placement of an additional mobile home on property located in an A-2 (Rural or Agricultural) Zoning District at 129 Shirley Lane, Boothville, Louisiana, all in accordance with Application No. T , dated November 19, WHEREAS, Paul Darensbourg applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. T , dated November 19, 2010) for the placement of an additional mobile home on property located at 129 Shirley Lane, Boothville, Louisiana; BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Paul Darensbourg for the placement of an additional mobile home on property located in an A-2 (Rural or Agricultural) Zoning District at 129 Shirley Lane, Boothville, Louisiana, all in accordance with Application No. T , dated November 19, 2010.

5 R E S O L U T I O N NO On motion of Council Member Turner, seconded by Council Member Guey, and on roll call all members present voting Yes, except Council Member Hinkley, absent, the following Resolution was adopted: A Resolution approving the issuance of a special permit to Verna Gordon for the placement of mobile home on property located in a FP (Flood Plain) Zoning District at 120 Reddick Lane, Port Sulphur, Louisiana, all in accordance with Application No. T , dated December 6, WHEREAS, Verna Gordon applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. T , dated December 6, 2010) for the placement of a mobile home on property located at 120 Reddick Lane, Port Sulphur, Louisiana; BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Verna Gordon for the placement of mobile home on property located in a FP (Flood Plain) Zoning District at 120 Reddick Lane, Port Sulphur, Louisiana, all in accordance with Application No. T , dated December 6, 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 Member Hinkley, absent, the following Resolution was adopted: A Resolution approving the issuance of a special permit to Dale Adams to enclose the bottom of an existing camp for the purpose of storage on property located in a FP (Flood Plain) Zoning District at 113 Junior Lane, Port Sulphur, Louisiana, all in accordance with Application No. B , dated December 13, WHEREAS, Dale Adams applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. B , dated December 13, 2010) for a permit to enclose the bottom of an existing camp for the purpose of storage on property located at 113 Junior Lane, Port Sulphur, Louisiana; BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Dale Adams to enclose the bottom of an existing camp for the purpose of storage on property located in a FP (Flood Plain) Zoning District at 113 Junior Lane, Port Sulphur, Louisiana, all in accordance with Application No. B , dated December 13, R E S O L U T I O N NO On motion of Council Member Turner, seconded by Council Member Cooper, and on roll call all members present voting Yes, except Council Member Hinkley, absent, the following Resolution was adopted: A Resolution approving the issuance of a special permit to Coastal Cottages to enclose the bottom of an existing camp for the purpose of storage on property

6 located in a FP (Flood Plain) Zoning District at 121 Pintail Lane, Port Sulphur, Louisiana, all in accordance with Application No. B , dated December 17, WHEREAS, Coastal Cottages applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. B , dated December 17, 2010) for a permit to enclose the bottom of an existing camp for the purpose of storage on property located at 121 Pintail Lane, Port Sulphur, Louisiana; BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Coastal Cottages to enclose the bottom of an existing camp for the purpose of storage on property located in a FP (Flood Plain) Zoning District at 121 Pintail Lane, Port Sulphur, Louisiana, all in accordance with Application No. B , dated December 17, R E S O L U T I O N NO On motion of Council Member Lepine, seconded by Council Member Edgecombe, and on roll call all members present voting Yes, except Council Member Hinkley, absent, the following Resolution was adopted: A Resolution approving the issuance of a special permit to Kurt Cavalier for the installation of a fireworks stand on property located in a C-2 (General Commercial) Zoning District at 7614 Hwy. 23, Belle Chasse, Louisiana, all in accordance with Application No. B , dated December 28, WHEREAS, Kurt Cavalier applied to the Plaquemines Parish Department of Permits, Planning and Zoning (Application No. B , dated October 28, 2010) for a permit for the installation of a fireworks stand on property located at 7614 Hwy. 23, Belle Chasse, Louisiana; BE IT RESOLVED by the Plaquemines Parish Council that it hereby approves the issuance of a special permit to Kurt Cavalier for the installation of a fireworks stand on property located in a C-2 (General Commercial) Zoning District at 7614 Hwy. 23, Belle Chasse, Louisiana, all in accordance with Application No. B , dated December 28, Introduction of Ordinances and Resolutions. a. An Ordinance to amend the General Fund, 2011 Manpower Structure, Parish Council Department; and otherwise to provide with respect thereto. COUNCIL MEMBER GRIFFIN b. A Resolution authorizing the Parish Administration to comply with the Judgment rendered on July 8, 2010, in the matter of Scarsdale Lands, LLC, et al, versus The Parish of Plaquemines et al, Docket No , Twenty Fifth Judicial District Court, Plaquemines Parish, Louisiana, by issuing the permit requested by the petitioners in said action as required by the Court s order and instructing the Parish s attorneys to file with the Louisiana Supreme Court a motion to dismiss the appeal of said judgement. COUNCIL MEMBER GRIFFIN

7 c. An Ordinance to amend the General Fund, 2011 Operating Expenditure Budget, Legal- Judgements Department, line item Judgements & Damages-Ancar, Krystal; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY d. An Ordinance to amend the Five-Year Capital Improvements Plan for CDBG/HU- Ike/Gustav Recovery Project; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY e. An Ordinance authorizing the Parish President, William Billy Nungesser, to enter into and execute a Cooperative Endeavor Agreement between Plaquemines Parish Government, as the Plaquemines Port, Harbor & Terminal District, and the State of Louisiana, Department of the Treasury, and to amend the Port, Harbor & Terminal Fund 2011 Operating Revenue and Expenditure Budgets; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY f. An Ordinance authorizing the Parish President, William Billy Nungesser, to enter into and execute a Cooperative Endeavor Agreement between Plaquemines Parish Government and the State of Louisiana, Department of the Treasury, and to amend the Fire Fighting Fund 2011 Operating Revenue and Expenditure Budgets; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY g. A Resolution authorizing the Parish Administration and Parish Attorneys to file with the Louisiana Supreme Court a motion to dismiss the appeal of the matter Cossich et al v. Plaquemines Parish Government, et al, No C3, on the Docket of the Supreme Court; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY h. A Resolution instructing Robert A. Barnett, Esq., or his successor attorney, to suspend the prosecution of pending mandamus cases against William H. Billy Nungesser, as chief executive officer of the Plaquemines Parish Government, until further instruction by the Plaquemines Parish Council. COUNCIL MEMBER GUEY i. A Resolution to appoint Mr. Leo Palazzo as a member of the Plaquemines Parish Development Board for the term ending February 28, 2011; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY j. A Resolution to appoint Leo Palazzo as a member of the Plaquemines Parish Development Board for the term ending February 28, 2011; and otherwise to provide with respect thereto. (Term ending December 31, 2014) COUNCIL MEMBER GUEY k. An Ordinance approving, confirming and re-confirming the Parish President s appointments of the Parish Attorney; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY l. A Resolution supporting N.R. Rusty Williamson in his candidacy for the Police Jury Association of Louisiana Executive Board Member-At-Large Election to be held at the February 2011 Police Jury Convention in Shreveport, Louisiana; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY m. An Ordinance to authorize the Parish President to enter into negotiation and execute contracts with environmental and economic experts for professional services for the development of claims against the British Petroleum Companies, Transocean, and other companies involved in the April 20, 2010, Macondo Well Blowout and Oil Spill; appropriating funds to cover such services; and otherwise to provide with respect thereto. COUNCIL MEMBER GUEY n. An Ordinance to amend the Five-Year Capital Improvements Plan for the Extension Bypass-Peters Road Project; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS o. A Resolution to continue in force the contract with Colex and Associates, Inc., to its current expiration date; to authorize the Parish President to prepare and receive request for proposals from firms interested in providing such professional services thereafter; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS

8 p. An Ordinance to authorize the Parish President to enter into negotiations and execute a contract with a firm for professional services for the development and implementation of a Feasibility Study to assess the General Aviation Airport on La. 1261/Peters Road, Plaquemines Parish, with the Regional Planning Commission; appropriating an amount of $8,400 to fund the Parish s share of the cost; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS q. A Resolution to accept the exchange of servitudes/ownership between the Plaquemines Parish Government and the State of Louisiana, Department of Transportation and Development for La. State Highway 39 between Adema lane and Bohemia and for Parishowned Walker Road; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS r. An Ordinance authorizing the Parish President to negotiate and acquire the levee servitude/right-of-way and alignment needed for the 34 miles of new Federal Hurricane Protection Levee between Oakville, Louisiana, and Diamond, Louisiana, by Donation, Act of Sale or Exchange or by Expropriation/Appropriation, including existing levees and improvements; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS s. A Resolution to appoint as the Council District 5 Representative of the Plaquemines Parish Economic Development District Board to replace Danny Trosclair whose term expired on December 31, 2010; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS t. An Ordinance authorizing and directing the Civil Service Department to implement the 3% increase to all Unclassified Employees and all Merit Increases to Classified Employees for 2011, effectively immediately; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS u. A Resolution electing the Plaquemines Parish Council Chairperson; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS v. A Resolution appointing Richard G. Harvey as the Member of the Plaquemines Parish Economic Development Board, District 8; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH w. An Ordinance to amend and, as amended, reenact Section 2-9, and to add Sections 2-10 and 2-11, of the Code of Ordinances for Plaquemines Parish, Louisiana; to provide that all appointed members of Plaquemines Parish Government Committees, Commissions and Boards shall meet all of the requirements for elective office of the elected official making the recommendation for appointment except as otherwise specified in the Ordinance that creates such Committee, Commission or Board; to provide for disqualification of said appointed member if the requirements are not met or maintained; and otherwise to provide with respect thereto. COUNCIL MEMBER MARINOVICH x. An Ordinance authorizing and directing the Parish President, Billy Nungesser, to begin an assessment of the drainage costs of the Boothville/Venice River Road; and otherwise to provide with respect thereto. COUNCIL MEMBER COOPER y. A Resolution approving and authorizing Parish President William Billy Nungesser s application for a Local Government Assistance Program Grant from the Louisiana Office of Community Services in the amount of $139, for the repair and replacement of structures and signage to the Fort Jackson entryway routes for the purpose of enhancing safe ingress and egress to Fort Jackson; and otherwise to provide with respect thereto. COUNCIL MEMBER COOPER z. An Ordinance to amend and re-enact the Comprehensive Building Regulations for the Parish of Plaquemines, Louisiana, relative to the Building Code; and to provide for related matters. COUNCIL MEMBER HINKLEY aa. A Resolution to re-appoint Mark Leopold as the Council District 2 Representative of the Plaquemines Economic Development District Board for a three (3) year term beginning January 27, 2011, and ending December 31, 2013; and otherwise to provide with respect thereto. COUNCIL MEMBER HINKLEY

9 bb. cc. dd. ee. An Ordinance to amend and re-adopt Appendix B, Section III, Definitions, and Section VIII, Exceptions and Modifications, of Ordinance No. 142, the Comprehensive Zoning Ordinance of Plaquemines Parish, Louisiana, as amended; and otherwise to provide with respect thereto. COUNCIL MEMBER HINKLEY An Ordinance to establish a temporary moratorium ending December 31, 2011, or upon completion of the Master Plan, prohibiting the issuance of permits by any Parish Department or Agency for the construction, renovation or remodeling of any commercial property within the boundaries of District 2, District 3 and District 4, including but not limited to special approval by the Parish Council; and otherwise to provide with respect thereto. COUNCIL MEMBER HINKLEY A Resolution to re-appoint Mike Mariana as the Council District 3 Representative of the Plaquemines Economic Development District Board whose term shall expire on December 31, 2011; and otherwise to provide with respect thereto. COUNCIL MEMBER LEPINE A Resolution to continue in force the contract wit the Chesapeake Group, LLC, to its current expiration date; to authorize the Parish President to prepare and receive requests for proposals from firms interested in providing such professional services thereafter; and otherwise to provide with respect thereto. COUNCIL MEMBER BURAS R E S O L U T I O N NO On motion of Council Member Buras, seconded by Council Member Turner, and on roll call all members present voting Yes, the following Resolution was unanimously adopted: BE IT RESOLVED by the Plaquemines Parish Council that the following applications for permit to engage in the sale of liquor and/or beer only in the Parish of Plaquemines for the year 2011 are hereby approved: State Oil Fuel Center, Inc., P.O. Box 220, Belle Chasse, Louisiana, 70037, State Oil Fuel Center, 7124 Hwy. 23, Belle Chasse, Louisiana, 70037, package house-liquor; DJ s One Stop, LLC, P.O. Box 354, Pointe-a-la-Hache, Louisiana, 70082, DJ s One Stop, Hwy. 15, Pointe-a-la-Hache, Louisiana, 70082, package house-liquor; State Fuel Center, Inc., P.O. Box 220, Belle Chasse, Louisiana, 70037, State Oil Fuel Center, 7124 Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; Barriere Lands, LLC, Bayou Barriere Golf Course, 7427 Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; T and R, LLC, Zydeco s Cajun Kitchen, 7010, Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; Briggs of Belle Chasse, Inc., 641 Papworth Avenue, Metairie, Louisiana, 70005, New Orleans Original Daiquiris, 8102 Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; Beers R Us, LLC, Hwy. 23, Belle Chasse, Louisiana, 70037, Seatrain Tavern, 9080 Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; Grace Palmisano, 910 Jason Dr., Belle Chasse, Louisiana, 70037, Lady Grace Seafood, 9052 Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; The Club House Bar & Grill, Inc., P.O. Box 7196, Belle Chasse, Louisiana, 70037, The Club House Bar, 8133 Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloonliquor; Therese D. Creppel, 2604 Fawnwood Rd., Marrero, Louisiana, 70072, The Cypress Bar, 9338-B Hwy. 23, Belle Chasse, Louisiana, 70037, retail saloon-liquor; Guilbeau s Deli, Inc., P.O. Box 66, Port Sulphur, Louisiana, 70083, Guilbeau s Deli, Hwy. 23 Suite A, Port Sulphur, Louisiana, 70083, package house-liquor; Guilbeau s Deli, Inc., P.O. Box 66, Port Sulphur, Louisiana, 70083, Guilbeau s Deli, Hwy. 23, Port Sulphur, Louisiana, 70083, retail saloon-liquor; La Caffe Casa, Inc., P.O. Box 493, Port Sulphur, Louisiana, 70083, La Caffe Casa, Hwy. 23, Port Sulphur, Louisiana, 70083, retail saloon-liquor; Roseina Copeland, P.O. Box 488, Port Sulphur, Louisiana, 70083, Watutsi Ale, Hwy. 11, Empire, Louisiana, 70050, retail saloon-liquor; Iguana s Daiquiri Express, Inc., Iguana s Daiquiri Express, 123 Eldorado Street, Buras, Louisiana, 70041, retail saloon-liquor; Faith Gaudet, P.O. Box 138, Venice, Louisiana, 70091, Adams Grocery of Boothville, Hwy. 23, Boothville, Louisiana, 70038, package house-liquor; Bayou Club Bar & Grill, LLC, P.O. Box 387, Venice, Louisiana, 70091, Bayou Club Bar & Grill, Hwy. 23, Venice, Louisiana, 70091, retail saloon-liquor; Deep Delta Houseboats, LLC, P.O. Box 11, Belle Chasse, Louisiana, 70037, Venice Marina, 237 Sports Marina Road, Venice, Louisiana, 70091, retail saloon-liquor; Deep Delta Houseboats, LLC, P.O. Box 11, Belle Chasse, Louisiana, 70037, Venice Marina, 237 Sports Marina Road Suite A, Venice, Louisiana, 70091, retail saloon-liquor.

10 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. ORDINANCE NO The following Ordinance was offered by Council Member Buras who moved its adoption: An Ordinance to accept the portion bid of Swift Energy Operating, LLC, for mineral lease purposes on Parish Tract 10-3, on property situated in Section 18, Township 21 South, Range 27 East, Bayou Chaland Area, Buras Levee District, Plaquemines Parish, Louisiana, estimated to contain approximately Acres out of a total of Acres, more or less; and otherwise to provide with respect thereto. WHEREAS, pursuant to the provisions of the Plaquemines Parish Home Rule Charter, Parish Tract 10.3, was advertised for mineral lease purposes in accordance with the rules of procedure of the Parish Council and of State Law; and WHEREAS, one bid was received on Wednesday, December 1 st, 2010, as follows: PARISH TRACT 10-3 SWIFT ENERGY OPERATING, LLC Acreage: ( Acres) out of a total of Acres Price Per Acre: $ Per Acre x (102.61) Acres Cash Payment: $ 38, Annual Rental: $ 19, Royalties: 25 % for oil, gas and other liquid and gaseous hydrocarbons Additional Consideration: (None) WHEREAS, the Mineral Office has reviewed the portion bid and recommends to the Parish Council the acceptance of the Acre portion bid from Swift Energy Operating, LLC.; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 It hereby accepts the portion bid of Swift Energy Operating, LLC, for mineral lease purposes on Parish Tract No. 10-3, located in Section 18, Township 21 South, Range 27 East, Bayou Chaland Area, Buras Levee District, Plaquemines Parish, Louisiana, and estimated to contain approximately acres, more or less, all as more fully shown in the property description submitted with the one bid and plat received by Swift Energy Operating, LLC, on file with the Plaquemines Parish Government, Mineral Office. SECTION 2 It hereby authorizes the Parish President, William H. Nungesser, to execute a mineral lease with Swift Energy Operating, LLC, on Parish Tract 10-3, with the lease to be on the usual State Agency Lease Form, without warranty of title, subject to the approval of the Louisiana State Mineral Board as shown on file in the Plaquemines Parish Government - Mineral Office. WHEREUPON, in open session the above Ordinance was read and considered section by 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 Percy P.V. Griffin, Keith Hinkley, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper

11 NAYS: None ABSENT: Council Member Kirk M. Lepine PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 13 th day of January, ORDINANCE NO The following Ordinance was offered by Council Member Cooper who moved its adoption: An Ordinance approving a plan of resubdivision of the property of Veronica Dim Mam and On Ros, Plaquemines Parish, Louisiana, as shown on Map of Resubdivision, Portion of Tract 6-A, Champion Citrus Division, Triumph, LA., by Hugh Mcurdy, III, P.L.S., dated August 5, 2010, the owners having fulfilled all of the requirements of the Subdivision and Resubdivision Ordinance of the Parish of Plaquemines without cost to the Plaquemines Parish Government or the Parish of Plaquemines. WHEREAS, Veronica Dim Mam and On Ros, as the owners of property situated in the Parish of Plaquemines, State of Louisiana, as shown on Map of Resubdivision, Portion of Tract 6-A, Champion Citrus Division, Triumph, LA., by Hugh McCurdy, III, P.L.S., dated August 5, 2010, a copy whereof is annexed hereto and made part hereof; and WHEREAS, Veronica Dim Mam and On Ros, as owners of said property have proposed the resubdivision of the said property into Lots 6-A-1 and 6-A-2, as more fully shown on said map; and WHEREAS, all streets, utilities, drainage structures and other improvements shown on the aforementioned map of survey are in place; BE IT ORDAINED by the Plaquemines Parish Council for the Parish of Plaquemines, Louisiana, that the aforesaid Map of Resubdivision, Portion of Tract 6-A, Champion Citrus Division, Triumph, LA., by Hugh McCurdy, III, P.L.S., dated August 5, 2010, dividing the property of Veronica Dim Mam and On Ros into Lots 6-A-1 and 6-A-2, a copy of whereof is annexed hereto and made a part hereof, be approved, and that the approval of the Parish President, Directors and all appropriate Parish Department heads of the aforesaid map of survey be ratified. BE IT FURTHER ORDAINED by the Plaquemines Parish Council of the Parish of Plaquemines, Louisiana, that the Parish President be and is hereby authorized to execute any and all acts and documents necessary and proper in the premises to give full force and effect to the aforesaid Ordinance. WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Buras seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Percy P.V. Griffin, Keith Hinkley, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: None PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 13 th day of January, 2011.

12 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 by appropriating $40,000 from the General Fund Unreserved/Undesignated Fund Balance to the District 2 Drainage Project Fund Balance; and otherwise to provide with respect thereto. WHEREAS, there is a need for an additional $40,000 for the District 2 Drainage Projects; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Five Year Capital Improvements Plan is amended by appropriating $40,000 from the General Fund Unreserved/Undesignated Fund Balance to the District 2 Drainage Project Fund Balance. SECTION 2 The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, 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 Percy P.V. Griffin, Keith Hinkley, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: None PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 13 th day of January, ORDINANCE NO The following Ordinance was offered by Council Member Turner who moved its adoption: An Ordinance to amend the Five-Year Capital Improvement Plan for various funds, various projects; and otherwise to provide with respect thereto. WHEREAS, a review of the 2010 budget for the Five-Year Capital Improvement Plan has resulted in the recommendation for amendments; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The Five-Year Capital Improvement Plan, various funds, various projects, funding year 2010 are amended by appropriating $14,000 to various line items from the General Fund Unreserved/Undesignated Fund Balance for expenditures not covered by grant funding, as follows:

13 LCDBG Oyster Conveyance/Boat Harbor Upgrades 1,000 LCDBG Venice Shipyard Fishery Infrastructure 1,000 LCDBG Oyster Processing-Ameripure Fishing Ind 1,000 LCDBG HUD Ike/Gustav Recovery 1,000 LRA Projects 10,000 WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Griffin seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Percy P.V. Griffin, Keith Hinkley, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: None PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 13 th day of January, Council Member Turner moved a recess at 3:03 p.m. The Meeting came back to order at 3:17 p.m., with all members present. Council Member Turner moved to Agenda Item 6-k, A Resolution to elect the Chairman of the Plaquemines Parish Council and to fix the term of office; and otherwise to provide with respect thereto. Without objections, so ordered. R E S O L U T I O N NO The following Resolution was offered by Council Member Turner who moved its adoption: A Resolution to elect the Chairman of the Plaquemines Parish Council and to fix the term of office; and otherwise to provide with respect thereto. BE IT RESOLVED by the Plaquemines Parish Council that Burghart Turner be elected Chairman of the Plaquemines Parish Council, effective January 1, 2011, for a term of office to expire at midnight, December 31, WHEREUPON, in open session the above Resolution was read and considered section by section and as a whole. Council Member Lepine seconded the motion to adopt the Resolution. The foregoing Resolution having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Kirk M. Lepine, and Burghart Turner NAYS: Council Members Keith Hinkley, Stuart J. Guey, Anthony L. Buras, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper

14 ABSENT: None PRESENT BUT NOT VOTING: (ABSTAINED) Council Member Percy P.V. Griffin And the Resolution FAILED on this the 13 th day of January, Council Member Buras requested nominations be made pursuant to Section 545(1) of Mason s Manual of Legislative Procedure. Council Member Hinkley nominated Council Member Guey as Chairman. Council Member Edgecombe seconded the nomination. R E S O L U T I O N NO On motion of Council Member Hinkley, seconded by Council Member Edgecombe, and on roll call all members present voting Yes, except Council Members Lepine and Turner, voting No, the following resolution was adopted: A Resolution to elect the Chairman of the Plaquemines Parish Council and to fix the term of office; and otherwise to provide with respect thereto. BE IT RESOLVED by the Plaquemines Parish Council that Stuart Guey be elected Chairman of the Plaquemines Parish Council, effective January 1, 2011, for a term of office to expire at midnight, December 31, 2011, or until such time as the majority of the Council may deem it necessary to elect a new Chairman. Council Member Turner moved a recess at 4:25 p.m. The Meeting came back to order at 4:34 p.m., with all members present. 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 Member Griffin, absent, the following resolution was adopted: A Resolution to elect the Vice-Chairman of the Plaquemines Parish Council and to fix the term of office; and otherwise to provide with respect thereto. BE IT RESOLVED by the Plaquemines Parish Council that Marla Cooper be elected Vice- Chairman of the Plaquemines Parish Council, effective January 1, 2011, for a term of office to expire at midnight, December 31, R E S O L U T I O N NO On motion of Council Member Turner, seconded by Council Member Edgecombe, and on roll call all members present voting Yes, the following Resolution was unanimously adopted: A Resolution appointing the members of the Audit Committee of the Plaquemines

15 Parish Council for 2011 pursuant to Section 7.08 of Article 7 of the Charter for Local Self-Government, Plaquemines Parish, Louisiana; and otherwise to provide with respect thereto. WHEREAS, Section 7.08 of Article 7 of the Charter for Local Self-Government establishes an Audit Committee which shall be composed of three (3) Council Members selected by Resolution adopted by a majority vote of the Parish Council each of which shall serve for a one (1) year term or until a successor is chosen; BE IT RESOLVED by the Plaquemines Parish Council that the following named Council Members are hereby selected as Members of the Audit Committee of the Plaquemines Parish Council effective January 1, 2011, with their terms of office to expire December 31, 2011, or until such time as a majority of the Parish Council may deem it necessary to select new members of the Committee: Council Member Turner Council Member Hinkley Council Member Lepine R E S O L U T I O N NO. The following Resolution was offered by Council Member Guey who moved its adoption: A Resolution to readopt the members of the Coastal Zone Advisory Committee; and otherwise to provide with respect thereto. WHEREAS, several members of the Coastal Zone Management Committee s terms will expire on December 31, 2010; and WHEREAS, it is necessary at this time to readopt the Coastal Zone Management Advisory Committee; BE IT RESOLVED by the Plaquemines Parish Council that it hereby readopts the members of the Coastal Zone Management Advisory Committee and reappoint the following individuals to fill expired terms of members said Committee: Darren Angelo, representing the commercial fisherman December 31, 2011 Mr. James McGuire, representing the shrimp fisherman December 31, 2011 Mr. Robert Cosse, representing waterways enforcement December 31, 2011 Mr. Bobby Giles, representing the oil industry December 31, 2011 Mr. Mike Mullen, representing the Plaquemines Parish Legal Department December 31, 2011, representing the Plaquemines Parish Council December 31, 2012 Mr. Dennis Smith, representing the Plaquemines Parish President s Office December 31, 2011 Mr. Ed Theriot, representing the Parish Administration December 31, 2011 Mr. Pete Vujnovich, Jr., representing the oyster fishermen December 31, 2012 Mr. James Callais, representing the oil industry December 31, 2012

16 Mr. Andy Boudreaux, representing the oil industry December 31, 2012 WHEREUPON, in open session the above Resolution was read and considered section by section and as a whole. Council Member Griffin seconded the motion to adopt the Resolution. Council Member Guey offered a substitute to the proposed Resolution. R E S O L U T I O N NO On motion of Council Member Guey, seconded by Council Member Griffin, and on roll call all members present voting Yes, the following Resolution was unanimously adopted: A Resolution appointing Jeff Edgecombe as the Plaquemines Parish Council representative to the Coastal Zone Management Advisory Committee; and otherwise to provide with respect thereto. BE IT RESOLVED by the Plaquemines Parish Council that it hereby appoints Jeff Edgecombe as the Plaquemines Parish Council representative to the Coastal Zone Management Advisory Committee for the term ending December 31, ORDINANCE NO The following Ordinance was offered by Council Member Guey who moved its adoption: An Ordinance amending and re-enacting rules 4, 5 & 6 of Chapter II of Section 2-18 of the Code of Ordinances for Plaquemines Parish, LA to create a Port Committee and Committee Chairperson; to establish a Chairperson of the Port; and otherwise to provide with respect thereto. WHEREAS, it is the sense of the Parish Council that rules 4, 5 & 6 of Chapter II of Section 2-18 of the Code of Ordinances for Plaquemines Parish, LA governing the Officers of the Plaquemines Parish Council as the sole governing authority of the Plaquemines Port, Harbor & Terminal District should be amended to address the creation of a Port Chairperson and a Port Committee; and WHEREAS, the rules should address procedure for the Port Committee whereby all Port-related business and other matters should first be considered by the Port Committee and then brought to the table for full Council consideration; and WHEREAS, the rules should also authorize the Council to appoint the Port Chairperson and the members of the Port Committee on an annul basis which shall consist of the Port Chairperson and three (3) Council Members; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 Rules 4, 5, & 6 of Chapter II of Section 2-18 of the Code of Ordinances for Plaquemines Parish, LA be and the same are hereby amended and, as amended, re-enacted to read as follows: Rule 4. (a) The Officers of the Council, as the sole governing authority of the Plaquemines Port, Harbor & Terminal District, shall be a Chairperson, Vice-

17 Chairperson, Secretary and Assistant Secretary. The Chairperson and Vice- Chairperson shall be elected for a term of one (1) year each in accordance with the provisions of Article 4, Section 4.08 of the Charter. No Council Member shall be eligible to serve as Chairperson or Vice-Chairperson for more than two (2) consecutive years. The Secretary and Assistant Secretary shall serve at the pleasure of the Council as the sole governing authority of the Plaquemines Port, Harbor & Terminal District. (b) The Port Committee is hereby created and shall be composed of the Port Chairperson and three (3) members from the Council selected by Resolution of the Council to serve for a term of one (1) year. (c) The Port Chairperson shall serve as the Port Committee Chairperson and shall perform functions as designated by the Council, as the sole governing authority of the Plaquemines Port, Harbor & Terminal District, and/or the Port Committee and, as and when requested, represent the Council, as the sole governing authority of the Plaquemines Port, Harbor & Terminal District, at official functions. (d) In addition, the Port Chairperson, as the presiding officer of the Port Committee, shall have the authority and powers set forth in Rule 5 for the Council Chairperson when acting as the Port Committee Chairperson. (e) In the absence or inability of the Port Chairperson to serve, the Port Vice-Chairperson shall serve until such time as the Port Chairperson returns and assumes the office or until further action by the entire membership of the Council. Rule 5. The Chairperson elected via Rule 4(a) shall be the presiding officer of the Council, as the sole governing authority of the Plaquemines Port, Harbor & Terminal District. The Chairperson shall: a. Preside at meetings of the Council as the sole governing authority of the Plaquemines Port, Harbor & Terminal District, and exercise the usual powers and perform the usual duties of a presiding officer; b. Preserve order and decorum; c. Speak to points of order and, subject to an appeal to the Council as the sole governing authority of the Plaquemines Port, Harbor & Terminal District, decide all points of order; d. Confine Council Members in debate to the questions, prevent personal reflections, and determine the order of recognition when two (2) or more Council Members seek recognition at the same time; e. Maintain general control of the Council chambers and its environs; f. Supervise the Council staff, as the sole governing authority of the Plaquemines Port, Harbor & Terminal District; Rule 6. The Vice-Chairperson elected via Rule 4(a) shall preside as acting Chairperson when requested to do so by the Chairperson or in the absence or inability of the Chairperson to serve. In addition, the Vice-Chairperson shall perform all other duties and functions enumerated in the preceding rule (Rule 5) in the absence or inability of the Chairperson to perform such duties. SECTION 2 The Secretary of this Council is hereby authorized and directed to immediately certify and release this Ordinance and that Parish employees and officials are authorized to carry out the purposes of this Ordinance, WHEREUPON, in open session the above Ordinance was read and considered section by section and as a whole. Council Member Buras seconded the motion to adopt the Ordinance. The foregoing Ordinance having been submitted to a vote, the vote resulted as follows: YEAS: Council Members Percy P.V. Griffin, Keith Hinkley, Stuart J. Guey, Anthony L. Buras, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper

18 NAYS: Council Members Burghart Turner and Kirk M. Lepine ABSENT: None PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 13 th day of January, ORDINANCE NO The following Ordinance was offered by Council Member Guey who moved its adoption: An Ordinance to amend the General Fund, 2011 Operating Revenue & Expenditure Budgets, Homeland Sec/Emer Prep-Grants Department, revenue line item Fed Reimb-St Hmlnd (SHSP FY10) and various expenditure line items; and otherwise to provide with respect thereto. WHEREAS, Plaquemines Parish Government has been awarded a Federal grant (State Homeland Security Program - Fiscal Year 2010) through the State Department of Homeland Security and Emergency Preparedness; and WHEREAS, the purpose of this grant is to allow Parish Government, as a first responder in matters of Homeland Security, to allocate funds towards equipment, training, exercises and planning; and WHEREAS, amending the General Fund, 2011 Operating Revenue & Expenditure Budgets by appropriating $78,720 to revenue line item Fed Reimb-St Hmlnd (SHSP FY10), and by appropriating $78,720 to Homeland Sec/Emer Prep-Grants Department various expenditure line items is requested; BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT: SECTION 1 The General Fund, 2011 Operating Revenue and Expenditure Budgets are amended by appropriating $78,720 from the State Department of Homeland Security and Emergency Preparedness Grant as follows: FUND DEPARTMENT DIVISION OBJECT AMENDMENT 01 GENERAL 4342D Fed Reimb-St Hmlnd (SHSP 10) INCREASE BY $78, GENERAL 469 Emerg Prep 4468 SHSP FY Professional Services INCREASE BY $13, GENERAL 469 Emerg Prep 4468 SHSP FY Employee Training INCREASE BY $13, GENERAL 469 Emerg Prep 4468 SHSP FY Training Exercises-Expense INCREASE BY $13, GENERAL 469 Emerg Prep 4468 SHSP FY Machinery & Equipment INCREASE BY $39, 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 Percy P.V. Griffin, Keith Hinkley, Kirk M. Lepine, Stuart J. Guey, Anthony L. Buras, Burghart Turner, Jeff Edgecombe, Byron T. Marinovich and Marla Cooper NAYS: None ABSENT: None PRESENT BUT NOT VOTING: None And the Ordinance was adopted on this the 13 th day of January, 2011.