[StBernard] Council Minutes - December 20

[Westley Annis]

OFFICIAL PROCEEDINGS OF THE COUNCIL OF THE PARISH OF ST. BERNARD, STATE OF
LOUISIANA, TAKEN AT A REGULAR MEETING HELD ON TUESDAY, DECEMBER 20, 2005 IN
THE ROC TENT OF THE ST. BERNARD PARISH GOVERNMENT COMPLEX, LOCATED AT 8201
WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA.

The St. Bernard Parish Council, the governing authority, met in Regular
Session in the ROC tent of  St. Bernard Parish Government Complex,
Chalmette, Louisiana on Tuesday, December 20, 2005 at eleven o'clock a. m.
pursuant to notice given to each member and posted in the manner required by
law.

Meeting convened at 11:00 a.m.  Members present: Council Chairman, Joseph S.
Di Fatta, Jr. and Councilmembers Mark Madary, Judy Darby Hoffmeister,
Kenneth "Kenny" Henderson, Craig Taffaro, and Tony Ricky Melerine who
arrived after the meeting had started.  Lynn Dean also arrived after the
meeting had begun.

Members absent: None.

Also present was Polly C. Boudreaux who serves as Clerk of Council.  

With a quorum present, Chairman Joseph Di Fatta called the meeting to order.

	Councilwoman Judy Hoffmeister delivered the Invocation. Councilman
Mark Madary led the Pledge of Allegiance and Floyd Saucier led the audience
in singing the National Anthem.


#1
	On motion of Mr. Henderson, seconded by Mr. Madary, it was moved to
approve minutes of the December 6, 2005 Council Meeting as published in the
St. Bernard Voice, the official journal. 

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	Dean.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#2
	Robert Wooley, Insurance Commissioner, shared about insurance issues
around the state and in St. Bernard.  After a lengthy discussion Mr. Wooley
and his staff members moved to a conference room to answer questions from
residents.

#3
	Janan "Ben" Raju, Small Business Administration, shared information
about the SBA loan process.  He directed residents to the SBA office at the
Disaster Recovery Center (DRC) and the web site www.sba.gov.	



#4	Committee Reports

	Former Councilman Mike Bayham invited everyone to the Battle of New
Orleans skirmish that will take place on January 7, 2006 at Packenham Oaks
at 4:00 p.m.

On Joint Motion of the Council and unanimously voted, it was moved to
proclaim Saturday, January 7, 2007 as the anniversary of the re-enactment of
the skirmish leading up to the famous battle at Chalmette Battlefield.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	Dean.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 
	


Dan Arceneaux, Coastal Zone Advisory Committee, gave an update of the
funding for the rock project at Shell Beach and Bayou Dupre.  He also spoke
of filling in the MRGO.


#5	President's Report

Dear Councilmembers, ladies and gentlemen:

	Officials of the Village of Royal Palm Beach, Florida visited St.
Bernard Parish last week, led by Mayor David Ludwick and Town Manager David
Farber (formerly of St. Bernard) and observed the devastation of Hurricane
Katrina.  During the visit Mayor Ludwick announced a donation of $90,000 and
advised that other fundraising events are underway to assist the Parish in
its relief efforts.

	Also the City of St. Bernard, Ohio learned about St. Bernard's
plight and adopted St. Bernard Parish as a sister city.  Their citizens sent
a donation of $2,770.00.  Funds were raised by placing 'kettles' around the
town.  Additional assistance is promised in the future.

	Associated terminals of St. Bernard, the major tenant at the St.
Bernard Port, assisted the Parish by allowing the Scotia Prince to dock at
the slip and offered warehouse space for relief supplies.  They recently
donated 100 girls and boys bicycles plus issued a check for $10,000 for the
purchase of clothes and toys for Christmas.

	I have been advised the Entergy Policy Act of 2005 has authorized
funding, which will begin in the spring of 2007.  Louisiana is expected to
receive 65% and the parishes 35% or about $185 million per year to be
project work.  Parishes will split this amount for conservation; restoration
and protection work together on restoration strategies with current existing
federal and state projects.

	Continuing efforts are being made to obtain house trailers and have
site quickly prepared to receive trailers for placement of returning
residents.

	I have been invited by Senator Landrieu to join Louisiana Political
Business Leaders and others on the first fact finding trip to the
Netherlands.  Discussion on how to best help reduce storm surges, flood
control and construction of levees will be on the agenda.  The trip is
scheduled for the week of January 9, 2006.
	St. Charles Parish officials will host their postponed Christmas
Party at 2:00 p.m., Wednesday, December 21, 2005 on St. Bernard Parish
Complex grounds.  Toys, food and music will be provided.

	On Thursday, December 22, 2005 at 12:00 noon, the annual Employees
Christmas Party will be held onboard the Scotia Prince docket at Violet, LA.

	If anyone has any questions, I will be happy to answer them at this
time.

Respectfully submitted,

Henry Rodriguez, Jr.
Parish President


PUBLIC HEARING(S)

#7	Summary #1867	An ordinance to adopt the 2006 St. Bernard Parish
Government Annual Operating 
			and Capital Budget.

#8	Summary #1868	An ordinance to hire legal counsel to provide St.
Bernard Parish Government and St. Bernard parish Council legal advisory
services with respect to environmental matters related to Hurricanes Katrina
and Rita and the Murphy Oil Spill.
			
#9	Summary #1871	An ordinance to amend the 2005 St. Bernard Parish
Government Annual
Operating and Capital Budget.         

No one appeared to speak for or against the proposed ordinances.

#10	
	On motion of Mrs. Hoffmeister, seconded by Mr. Henderson, it was
moved to adopt the following resolution:

RESOLUTION SBPC #K41-12-05

RESOLUTION APPROVING 2006 ST. BERNARD PARISH COUNCIL MEETINGS DATES 

	BE IT RESOLVED, that the St. Bernard Parish Council, the governing
authority, does hereby adopt the following St. Bernard Parish Council
Meeting dates for 2006:

January 3, 2006 at 11:00 a.m.
January 17, 2006 at 11:00 a.m.

February 7, 2006 at 11:00 a.m.
February 21, 2006 at 11:00 a.m.

March 7, 2006 at 11:00 a.m.
March 21, 2006 at 11:00 a.m.

April 4, 2006 at 11:00 a.m.
April 18, 2006 at 11:00 a.m.

May 2, 2006 at 11:00 a.m.
May 16, 2006 at 11:00 a.m.

June 6, 2006 at 11:00 a.m.
June 20, 2006 at 11:00 a.m.

Thursday, July 6, 2006 at 11:00 a.m.
July 18, 2006 at 11:00 a.m.

August 1, 2006 at 11:00 a.m.
August 15, 2006 at 11:00 a.m.

September 5, 2006 at 11:00 a.m.
September 19, 2006 at 11:00 a.m.

October 3, 2006 at 11:00 a.m.
October 17, 2006 at 11:00 a.m.

November 7, 2006 at 11:00 a.m.
November 21, 2006 at 11:00 a.m.

December 5, 2006 at 11:00 a.m.
December 19, 2006 at 11:00 a.m.
 
	The above and foregoing having been submitted to a vote, the vote
thereupon    resulted as follows:

	YEAS:		Hoffmeister, Henderson, Taffaro, and Melerine.

	NAYS:		None.

	ABSENT:	Madary and Dean.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#11	
	On motion of Mrs. Hoffmeister, seconded by Mr. Henderson, it was
moved to adopt the following resolution:

RESOLUTION SBPC K42-12-05

	BE IT RESOLVED, that the St. Bernard Parish Council, the governing
authority, does hereby approve the following permits as recommended by the
Alcohol Beverage and Bingo Department:

Name of Business					BEER
LIQUOR

1.	Lehrmann's, Inc. d/b/a Lehrmann's Bar			          x
x
	135 W. St. Bernard Highway
	Chalmette, LA 70043
	Owners:  Ronald & Patricia Lehrmann

	BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded
to the St. Bernard Parish Sheriff's Office and the St. Bernard Parish
District Attorney's Office.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Hoffmeister, Henderson, Taffaro, and Melerine.

	NAYS:		None.

	ABSENT:	Madary and Dean.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


 
#12							
	On motion of Mr. Melerine, seconded by Mr. Taffaro, it was moved to
adopt the following resolution:
RESOLUTION SBPC #43-12-05

RESOLUTION REQUESTING THE PARISH PRESIDENT TO APPROVE A PARTNERSHIP ENDEAVOR
WITH ST. BERNARD PARISH AND LOUISIANA SHRIMP PACKING, INC. IN A PROJECT TO
ESTABLISH IMMEDIATE AND LONG TERM FINANCIAL STABILITY FOR THE SHRIMPERS,
WORKFORCE AND COMMUNITY IN ST. BERNARD PARISH.

	WHEREAS, the objectives of the project are to immediately and
directly enhance as many as 1500 households of St. Bernard Parish through
design, construction, shrimp purchases, processing and maintenance,
cleaning, employment and shareholder positions held by shrimpers; and 

	WHEREAS, to restore the shrimping industry in St. Bernard Parish,
which has been devastated by Hurricane Katrina, and to save the licensed
commercial shrimpers, as well as the many jobs that support the shrimping
industry in St. Bernard Parish; and

	WHEREAS, to revitalize the $4 Billion Louisiana shrimping industry
and therefore the community, which has been in decline, even before the
disaster, due to cheap foreign imports; and

	WHEREAS, to produce high value products carrying name recognition
desired by food wholesalers, retailers and consumers from the shrimp meat
and shrimp shells that will provide a long term income generating solutions
to the shrimpers and workforce of St. Bernard Parish; and

	WHEREAS, to provide an environmentally friendly means of dealing
with shrimp shell waste, which has been an expensive problem for seafood
processors and an environmental hazard for communities for years, by
establishing a new biotech industry centered around the biomaterial
Chitosan, including end-user products using Chitosan, and by providing an
alternative to EPA sanctions at the State and Federal levels relating to
shrimp shell waste disposal; and

	WHEREAS, to develop an alternative to the Federal Government's
imposed import tariffs on seafood products to subsidize the commercial
fisherman's income.

	NOW, THEREFORE, BE IT RESOLVED, that the St. Bernard Parish Council,
the governing authority, does hereby request the parish president to approve
a partnership endeavor with St. Bernard Parish and Louisiana Shrimp Packing,
Inc. in a project to establish immediate and long term financial stability
for the shrimpers, workforce and community in St. Bernard Parish.
	
	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	Dean.

	The Chairman, Mr. Di Fatta cast his vote as YEA.
	And the motion was declared adopted on the 20th day of December,
2005. 
Councilman Lynn Dean arrived at the meeting. 

#31
	On motion of Mr. Madary, seconded by Mrs. Hoffmeister, it was moved
to approve redevelopment of the multi-family dwelling at 8405 A-F Livingston
Avenue, Chalmette, at the request of the owner Ted Reab, Jr.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 

#33A&B	
	On motion of Mr. Madary, seconded by Mr. Taffaro, it was moved to
approve redevelopment of the following multi-family dwellings at the request
of the owner Sterling Cardon:

a.	3004-06 Jean Lafitte Parkway, Chalmette
b.	3008-10 Jean Lafitte Parkway, Chalmette

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 

#32A	
	On motion of Mrs. Hoffmeister, seconded by Mr. Henderson, it was
moved to approve redevelopment of the multi-family dwelling at 2007 Culotta
Street, Chalmette, at the request of the owner: Marcel Duhe, Jr.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 
	

#33C
	On motion of Mr. Taffaro, seconded by Mr. Madary, it was moved to
approve redevelopment of the multi-family dwelling at 2021 Munster
Boulevard, Chalmette, at the request of the owner Sterling Cardon:

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#33D
	On motion of Mrs. Hoffmeister, seconded by Mr. Madary, it was moved
to approve redevelopment of the following multi-family dwelling at 3316
Delambert Street, Chalmette, at the request of the owner Sterling Cardon.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#35	
On motion of Mr. Henderson, seconded by Mrs. Hoffmeister, it was moved to
approve redevelopment of the following multi-family dwellings at the request
of the owner Chris Eslava:

a.	2000 Despaux Drive, Chalmette
b.	2009 Chetta Drive, Chalmette
c.	2013 Chetta Drive, Chalmette
d.	1300 Camille Drive, Chalmette


The above and foregoing having been submitted to a vote, the vote thereupon
resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#36	
On motion of Mr. Henderson, seconded by Mr. Madary, it was moved to approve
redevelopment of the multi-family dwelling located at 2524 A, B and C Pecan
Drive, Chalmette, at the request of the owner Antoni Bereziuk.

The above and foregoing having been submitted to a vote, the vote thereupon
resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#37	
On motion of Mrs. Hoffmeister, seconded by Mr. Henderson, it was moved to
approve redevelopment of the multi-family dwelling located at 601 E. Judge
Perez Drive, Chalmette, at the request of the owner James and Vita, Inc.

The above and foregoing having been submitted to a vote, the vote thereupon
resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#38	
On motion of Mrs. Hoffmeister, seconded by Mr. Henderson, it was moved to
approve redevelopment of the multi-family dwelling located at 3505 Golden
Drive, Chalmette, at the request of the owner Jeff Goodwyne.


The above and foregoing having been submitted to a vote, the vote thereupon
resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 

#39	
On Joint Motion of the Council and unanimously carried, it was moved to
clarify that all current trailer/mobile home areas are part of the recovery
effort and as such are authorized as temporary sites until December 31,
2007.

The above and foregoing having been submitted to a vote, the vote thereupon
resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#30	Councilwoman Hoffmeister asked Entergy for an update concerning
lighting at the government complex and along the median. Phil Truxillo,
Entergy representative, confirmed that these issues are being addressed.  He
also assured council that care will be taken when energizing individual
residences.


#6	Recognize The Public
	
	Alberta Lewis, Sebastopol Plantation, spoke of several issues
including internet access points for people in the parish, free food
provided by Emergency Communities at the Off Track Betting parking area and
an electrical problem in the second story of a 1900 home.  Dsicussion ensued
about the provision of food for residents who live further in the parish.
Clerk of Council, Polly Boudreaux, suggested delivery to one pick-up site
similar to a meals on wheels program. 

	On motion of Mr. Henderson, seconded by Mr. Taffaro, it was moved to
waive the rules of the regular order of business.


#6A
On motion of Mr. Henderson, seconded by Mr. Melerine, it was moved to
approve redevelopment of the multi-family dwellings located at 2003-2007
Lena Drive, Chalmette, at the request of the owner George Dumas.

The above and foregoing having been submitted to a vote, the vote thereupon
resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#28	
	On motion of Mrs. Hoffmeister, seconded by Mr. Henderson, it was
moved to adopt the following emergency ordinance:

ORDINANCE SBPC #637-12-05

Summary No. 1873
Introduced by Kenny Henderson, Councilman, District C

THE ST. BERNARD PARISH COUNCIL DOES HEREBY ORDAIN IN THE INTEREST OF PUBLIC
HEALTH AND SAFETY

	SECTION I.  That the Parish President is hereby authorized to sign a
contract of lease between St. Bernard Parish Government and Chalmette
Refining, LLC to utilize a: 			

a.	A right of way approximately 83' x 24' on parish property located at
2224-A Palmisano Boulevard, Chalmette, also known as Rebel Park.  Said right
of way shall be utilized by LA Department of Environmental Quality as an
ambient air monitoring system.  

b.	A right of way of 30 feet in width fronting on E. Chalmette Circle
with a depth of 100' located at #20 E. Chalmette Circle, also known as Blue
Bird Playground.  Said right of way shall be utilized by the LA Department
of Environmental Quality as an ambient air monitoring system.  

	SECTION 2.  	Effective Date.  This ordinance shall become
effective immediately upon authorizing signature by the Parish President.
In the event of a presidential veto this ordinance shall become effective
upon a two-thirds favorable vote of the total membership of the Council
pursuant to Sections 2-11 and 2-13 of the St. Bernard Parish Home Rule
Charter.  An emergency ordinance shall be effective for no longer than sixty
(60) calendar days after final approval pursuant to Section 2-14(c) of the
St. Bernard Parish Home Rule Charter.

	SECTION 3.  Severability.  If any section, clause, paragraph,
provision or portion of this ordinance shall be held invalid or
unconstitutional by any court of competent jurisdiction, such holding shall
not affect any other section, clause, paragraph, provision or portion of
this ordinance, the St. Bernard Parish Council hereby expresses and declares
that it would have adopted the remaining portion of this Ordinance with the
invalid portions omitted.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


/s/POLLY C. BOUDREAUX
/s/JOSEPH S. DI FATTA	
CLERK OF COUNCIL
COUNCIL CHAIRMAN

Delivered to Parish President
____________________	
	
DATE and TIME

	Approved  _____					Vetoed  _____


					/s/HENRY J. RODRIGUEZ, JR.
					    PARISH PRESIDENT

Returned to Clerk of Council
____________________	
						      			DATE
and TIME

Received by  _____________________



#13	
	On motion of Mr. Taffaro, seconded by Mr. Dean, it was moved to
TABLE the adoption of Summary No. 1867, an ordinance to adopt the 2006 St.
Bernard Parish Government Annual Operating and Capital Budget.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 

#34	
	On motion of Mrs. Hoffmeister, seconded by Mr. Madary, it was moved
to approve re-development of the following multi-family dwellings at the
request of the owner Chris Eslava:			
				
a.	   310 W. Liberaux Street, Chalmette
	   b.	312 A & B W. Liberaux Street, Chalmette

e.	   318 W. Liberaux Street, Chalmette	
f.	   320 A & B W. Liberaux Street, Chalmette

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#14	
	On motion of Mr. Taffaro, seconded by Mr. Melerine, it was moved to
adopt the following ordinance:

ORDINANCE SBPC #635-12-05

Summary No. 1868
Introduced by: Craig Taffaro, Councilman, District D
Public Hearing held December 20, 2005

AN ORDINANCE TO HIRE LEGAL COUNSEL TO PROVIDE ST. BERNARD PARISH GOVERNMENT
AND ST. BERNARD PARISH COUNCIL LEGAL ADVISORY SERVICES WITH RESPECT TO
ENVIRONMENTAL MATTERS RELATED TO HURRICANE KATRINA AND RITA AND THEM MURPHY
OIL SPILL.

THE ST. BERNARD PARISH COUNCIL DOES HEREBY ORDAIN

	SECTION 1.  That the Law Firm of Milling Benson Woodward, LLP be
retained to represent St. Bernard Parish Government and St. Bernard Parish
Council.  To provide legal advisory services to Parish Government with
respect to environmental matters related to Hurricanes Katrina and Rita and
the Murphy Oil Spill.

	SECTION 2.  That the services of the aforesaid law firm shall be
retained through a written contract, attached hereto as Exhibit "A", at an
hourly rate(s) within the maximum authorized rates established by the
Louisiana Attorney General's Office memorandum dated August 12, 2002,
attached thereto as Exhibit "B".

	SECTION 3.  That the Parish President and Council Chair are hereby
authorized to sign a contract for legal services set forth in Sections 1
through 3 of this ordinance.
 
	SECTION 4.  That this ordinance shall become effective immediately
upon the date of the President's and Council Chair's signature.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Taffaro, and
Melerine.

	NAYS:		Dean.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 

/s/POLLY C. BOUDREAUX
/s/JOSEPH S. DI FATTA	
CLERK OF COUNCIL
COUNCIL CHAIRMAN

Delivered to Parish President
____________________	
	
DATE and TIME

	Approved  _____					Vetoed  _____


					/s/HENRY J. RODRIGUEZ, JR.
					    PARISH PRESIDENT

Returned to Clerk of Council
____________________	
						      			DATE
and TIME

Received by  _____________________


#15
	On motion of Mr. Taffaro, seconded by Mr. Henderson, it was moved to
adopt the following ordinance:

Summary No. 1871
Introduced by: Administration
Public Hearing held December 20, 2005

AN ORDINANCE TO AMEND THE 2005 ST. BERNARD PARISH GOVERNMENT ANNUAL
OPERATING AND CAPITAL BUDGET

	WHEREAS, St. Bernard Parish Government has experienced several
budget variations over the course of the last several months; and

	WHEREAS, the Home Rule Charter calls for all budget amendments to be
adopted through the ordinance process.

ST. BERNARD PARISH COUNCIL DOES HEREBY ORDAIN
	
	SECTION 1.  That the 2005 St. Bernard Parish Government Annual
Operating and Capital Budget is hereby amended as per budget variations
attached hereto and made a part hereof. (Addendum A)

	SECTION 2.   Effective Date. This ordinance shall become effectively
thirty (30) calendar days after publication by the parish council.  In the
event of a presidential veto this ordinance shall become effective upon a
two-thirds favorable vote of the total membership of the Council pursuant to
Sections 2-11 and 2-13 of the St. Bernard Parish Home Rule Charter.

	SECTION 3.  Severability.  If any section, clause, paragraph,
provision or portion of this ordinance shall be held invalid or
unconstitutional by any court of competent jurisdiction, such holding shall
not affect any other section, clause, paragraph, provision or portion of
this ordinance, the St. Bernard Parish Council hereby expresses and declares
that it would have adopted the remaining portion of this Ordinance with the
invalid portions omitted.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Taffaro, and
Melerine.

	NAYS:		Dean.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 

/s/POLLY C. BOUDREAUX
/s/JOSEPH S. DI FATTA	
CLERK OF COUNCIL
COUNCIL CHAIRMAN

Delivered to Parish President
____________________	
	
DATE and TIME

	Approved  _____					Vetoed  _____


					/s/HENRY J. RODRIGUEZ, JR.
					    PARISH PRESIDENT

Returned to Clerk of Council
____________________	
						      			DATE
and TIME

Received by  _____________________


Item #16 was removed from the agenda.


#17	
	On motion of Mr. Taffaro, seconded by Mr. Madary, it was moved to
forward to the December 28, 2005 Council Meeting a motion to approve Fire
Department's budget in full.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Taffaro, and
Melerine.

	NAYS:		Dean.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#18	
	On substitute motion of Mr. Dean, seconded by Mr. Melerine, it was
moved to waive permit fees in Community Development for the year 2006.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean and Melerine.

	NAYS:		Taffaro.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 




#19	
	On motion of Mr. Taffaro, seconded by Mr. Henderson, it was moved to
reinstate water and sewer billing as of January 1, 2006.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#20	
On motion of Mr. Taffaro, seconded by Mr. Madary, it was moved to adopt the
following resolution:

RESOLUTION SBPC #K44-12-05

	BE IT RESOLVED, that the St. Bernard Parish Council, the governing
authority, does hereby request that no new variances be granted for
construction or reconstruction until such time as a Master Re-Build Plan is
developed.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Taffaro and
Melerine.

	NAYS:		Dean.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


Item #21 was removed from the agenda.


#22	
	On motion of Mr. Taffaro, seconded by Mr. Melerine, it was moved to
set March 31, 2006 as the deadline for turning in voluntary consent forms
for demolition with the understanding that a right of appeal process will be
in place after the deadline.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Taffaro, and
Melerine.

	NAYS:		Dean.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#23
	On motion of Mr. Taffaro, seconded by Mrs. Hoffmeister, it was moved
to approve the following 2006 employment issues:			

a.	2% required longevity increase for all employees except Directors 
b.	all available vacation accrued for 2005 minus vacation time used in
calendar year 2005 (i.e. unused 2005 vacation) will be liquidated at the
2005 rate.
c.	All temporary employees will be reviewed by Executive/Finance and
approved by full council on a quarterly basis beginning in January, 2006.
d.	All salaried employees revert back to straight salary and any
non-salaried employee will continue to work overtime only as directed by the
department director effective January 1, 2006.

	The above and foregoing having been submitted to a vote, the vote
thereupon resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#24	
On motion of Mr. Taffaro, seconded by Mr. Henderson, it was moved to approve
$150,000 of the 2005 Capital Improvement Funds to be used in support of St.
Bernard Parish's pilot trailer program.

The above and foregoing having been submitted to a vote, the vote thereupon
resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Taffaro, and
Melerine.

	NAYS:		Dean.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


Item #25 was tabled to the next Executive Finance Committee meeting.	

Item #26 was tabled to the next Executive Finance Committee meeting. 	


#27	
On motion of Mrs. Hoffmeister, seconded by Mr. Melerine, it was moved to
request Administration to have all signs removed from neutral ground and
public right-of-way areas and have a single message board erected at the
Disaster Recovery Center (DRC).

The above and foregoing having been submitted to a vote, the vote thereupon
resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


#29	
On motion of Mr. Melerine, seconded by Mr. Dean, it was moved to approve the
following permits as recommended for approval by Administration:

PXP Louisiana, LLC
P20050096
Re-bury exposed pipeline serving the SL 17812 No. 1 Well (Avenger), St.
Bernard Parish, Louisiana.

Sandalwood Exploration, L.P.
P20050215
Install a jackup rig on SL 18209 Well No. 3 and then install a caisson well
protector if the well is successful, St. Bernard Parish, Louisiana.

The Meridian Resource Corporation
P20050242
Conduct the 700SP extension of the Biloxi Marshlands 2005 Phase IV SW 3-D
seismic survey T-14S R18E, St. Bernard Parish, Louisiana.

Collins Pipeline, LLC C/O ExxonMobil Pipeline Co.
P20050567
Relocate the MRGO sign where the pipeline crosses MRGO at Chalmette,
T12S-R13E, St. Bernard Parish, Louisiana.

MOEM Pipeline, LLC C/O ExxonMobil Pipeline Company
P20050726
Repair five anomalies found in the Empire-Chalmette 14" Crude Oil Pipeline
(P20040670), T19S-R16E, St. Bernard Parish, Louisiana.

The Meridian Resource & Exploration, LLC.
P20050730
Install a 12" pipeline and structures for producing Gato Del Sol Prospects 1
& 2 in the Chandeleur Sound, T12S-R20E, St. Bernard Parish, Louisiana.

AZIMUTH ENERGY, LLC
P20050829
Install structures to drill the Vivaldi No. 1 and Bartok No. 1 Prospects,
T13s-R13E, St. Bernard Parish, Louisiana.

AMERADA HESS CORPORATION
P20050831
Install an emergency replacement of an existing oil storage barge for SL
14564 in Block 2, MP, St. Bernard Parish, Louisiana.

AZIMUTH ENERGY, LLC
P20050832
Install structures to drill the Saint Saens No. 1 and Berlioz No. 1 drilling
prospects, T14S-R14E, St. Bernard Parish, Louisiana.

CLAYTON WILLIAMS ENERGY, INC.
P20050845
Install a storage barge, loading dock and pile clusters to serve SL 18067
Well No. 1, St. Bernard Parish, Louisiana.

THE MERIDIAN RESOURCES & EXPLORATION, LLC
P20051053
Install shell pad & structures for drilling Delta 33 Prospects 1 & 2,
T11S-R17E, St. Bernard Parish, Louisiana.

CLAYTON WILLIAMS ENERGY, INC.
P20051087
Install a well protection structure, posted drilling barge and pad to serve
SL 18066 No. 1 & 2, St. Bernard Parish, Louisiana.

CLAYTON WILLIAMS ENERGY, INC.
P20051088
Install a well protection structure, posted drilling barge and pad to serve
SL 18065 No. 2, St. Bernard Parish, Louisiana.

CLAYTON WILLIAMS ENERGY, INC.
P20051089
Install a well protection structure, posted drilling barge and pad to serve
SL 18568 No. 1, St. Bernard Parish, Louisiana.

THE MERIDIAN RESOURCE & EXPLORATION, LLC
P20051194
Cleanout and install a shell pad and structures to serve the Rumbo Prospects
1 and 2, St. Bernard Parish, Louisiana.

ORX RESOURCES, INC.
P20051248
Cleanout and install a slip, shell pad and structures to serve Coastal Corp.
No. 1 Well, T15S-R14E, St. Bernard Parish, Louisiana.

THE MERIDIAN RESOURCE & EXPLORATION, LLC
P20051251
Install a shell pad and structures to serve the BML #2 facility, T12S-R16E,
St. Bernard Parish, Louisiana.

ASPECT ENERGY, LLC
P20051421
Install a barge slip for the Barber Well Prospect, T13S-R13E, St. Bernard
Parish, Louisiana.

ENBRIDGE PIPELINE LOUISIANA INTRASTATE, LLC
P20051569
The applicant requests expedited consideration of this application due to
the purpose of restoring gas supplies to the Orleans and St. Bernard parish
industries attempting to recover and restart operations post Hurricane
Katrina. The project is the new construction of 4.40 mile of 10-inch natural
gas pipeline, paralleling an existing liquids pipeline the entire length
that will connect Enbridge's Gloria and Chalmette pipeline systems. The
connection will allow new gas volumes to flow to existing connections in
Chalmette and Arabi on the east side of the Mississippi River. This project
will restore and provide permanent gas supply to the Air Products plant in
Orleans Parish and other area industry as demand returns. Existing service
to all industry is being supplied by SONAT and volumes are limited due to
system damage and damage to SONAT processing facilities and other gas
suppliers at TOCA and YCLOSKEY. Of the 4.4 miles, 1.76 mile occurs inside
protection levees, 1.75 miles will be laid in the bottom of an existing
private canal, and 0.89 miles will traverse marshlands immediately on the
floodside of the 40 Arpent Canal. The entire route parallels and lies within
an existing Enbridge pipeline easement. Construction inside the fastlands
will be confined to the existing cleared grounds. As a result no impacts to
forested or shrub-scrub wetlands will result from construction. Construction
in the private canal will affect no wetland of any type, increased turbidity
from construction in the canal will be temporary and confined to the canal
area which has only one entry point. The applicant requests authorization to
construct the marshland portion of the project using conventional methods
and using the push-float technique to install the pipe. The intent is to
excavate a 12-inch wide trench in one pass pulling the pipe from behind. The
applicant understands the conditions and accepts the responsibility for
marsh restoration, T14S-R14E Section 54, St. Bernard Parish, Louisiana.
(This item is contingent upon approval from Lake Borgne Basin Levee
District)

The above and foregoing having been submitted to a vote, the vote thereupon
resulted as follows:

	YEAS:		Madary, Hoffmeister, Henderson, Dean, Taffaro, and
Melerine.

	NAYS:		None.

	ABSENT:	None.

	The Chairman, Mr. Di Fatta cast his vote as YEA.

	And the motion was declared adopted on the 20th day of December,
2005. 


Item #40, Summary #1869, an ordinance to engage legal services in the matter
of seeking payment for damages, including tort damage, that may be due and
payable to the parish of St. Bernard because of damages caused and loss of
revenue incurred due to the flooding of the parish from the Mississippi
River Gulf Outlet, was removed from the agenda and forwarded to second
meeting in January, 2006.

On motion of Mr. Taffaro, seconded by Mr. Melerine, it was moved to amend
the agenda  to go into executive session to discuss possible litigation.

And the motion was declared adopted on the 20th day of December, 2005.


	On motion of Mr. Taffaro, seconded by Mr. Madary, it was moved to go
into executive session to discuss potential litigation on Crescent Acres
Landfill.

	And the motion was declared adopted on the 20th day of December,
2005.


	On motion of Mr. Taffaro, seconded by Mr. Henderson, it was moved to
return to the regular order of business.
 
	And the motion was declared adopted on the 20th day of December,
2005.


There being no further business for discussion the Chairman declared the
meeting adjourned at 5:35 p.m. on the 20th day of December, 2005.

_______________________
_______________________
POLLY C. BOUDREAUX				   	  	JOSEPH S.
DIFATTA, JR.
CLERK OF COUNCIL
COUNCIL CHAIRMAN