RM minutes for March 16, 2010 - Iberville Parish, Louisiana_20101.pdfBE IT FURTHER RESOLVED, that...

IBERVILLE PARISH COUNCIL MINUTES REGULAR MEETING, TUESDAY, MARCH 16, 2010

The Parish Council of Iberville Parish, State of Louisiana, met in Regular Session, in the Council Meeting Room, 2nd Floor, Courthouse Building, 58050 Meriam Street, Plaquemine, Louisiana, on the 16th day of March, 2010. The Council Chairman, Eugene Stevens, called the meeting to order at 6:30 p.m. followed by the roll call with the following Council Members in attendance: Warren Taylor, District 1; Mitchel J. Ourso, Sr.; District 2; Henry J. Scott, Jr., District 3; Edwin M. Reeves, Jr., District 5; Eugene P. Stevens, Jr., District 8; Louis R. Kelley, Jr., District 10; Timothy J. Vallet, District 11; Matthew H. Jewell, District 12; Wayne M. Roy, District 13. Absent: Leonard Jackson, Sr., District 4; Salaris G. Butler, Sr., District 6; Howard Oubre, Jr., District 7; Terry J. Bradford, District 9. A quorum was present and due notice had been posted. The Pledge of Allegiance followed. Parish President- J. Mitchell Ourso, Jr., Chief Administrative Officer- Edward Songy and Legal Counsel- Scott Stassi were also in attendance. Council Chairman Stevens called for anyone wanting to make public comments to register with the Clerk. PRESENTATIONS AND APPEARANCES “Briefing on Iberville Parish Recovery Plan and Resolutions”- Mr. Tom David. Mr. David spoke about the CDBG resolutions and the process each resolution undergoes. He stated that LRA is pleased with everything the Parish has submitted. There are pre-applications for each project but before any contract is entered into the Council will have the deciding vote on the ordinances. There was a meeting with the municipalities’ mayors and it was made clear that every penny comes from the U.S. Department of Housing and Urban Development and the State. The infrastructure components give the mayors what they feel their municipality needs that fit within the requirements and then the project goes out to bid. The program is moving forward and he asked the Council to please proceed with adopting the regulated resolutions. APPROVAL OF MINUTES Upon a motion by Councilman Reeves, and seconded by Councilman Kelley, it was moved to wave the reading of the minutes of February 23, 2010 and May 19, 2009 and approve as written. The motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call: YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The motion was declared adopted by the Chairman on the 16th day of March, 2010. PRESIDENT’S REPORT President Ourso reported on the following:

• Enterprise Blvd South- project is being advertised for bid. The bid process will start by mid-April and this will be a six (6) month construction project so it will not be completed until the end of the year.

• Iberville Tourism Center- the ribbon cutting invitations have been sent out and the grand opening ceremony will be Friday, March 19, 2010 at 12 noon.

• Principal Evaluation- is the company that will appraise the River West hospital and grounds. Mr. Songy and President Ourso will be meeting with the company on Monday,

March 22, 2010. It will take approximately thirty (30) days to get the appraisal back so the President hopes to have the findings by the end of the month.

• Bayou Goula Fire Department- partnered with the White Castle Volunteer Fire Department and recently got their ratings down from a ten (10) to a six (6). April 5, 2010 the rates will go down to give these people a cut with their insurance.

CHAMBER OF COMMERCE REPORT Mr. Hank Grace stated Industrial Park has submitted their site request for twenty-eight (28) acres of land. What is now known as the Syngenta plant, the old CIBA plant will be potentially selling a portion that still belongs to CIBA to a group from New Mexico who is interested in the facility. There was a recent trip to Rice-Borough, Georgia to visit the SNF plant to see what the facility was like. The three councilmen whose districts will be affected by the plant were invited on the trip. Councilmen Warren Taylor and Henry Scott were both very impressed with the facility and wanted to thank the Chamber of Commerce for getting the Parish this opportunity. FINANCIAL REPORT Mr. Randall Dunn stated the Financial Department is currently in the middle of their annual audit and will be finished sometime in June. EXECUTIVE SESSION Upon a motion by Councilman Kelley, and seconded by Councilman Ourso, it was moved to go into Executive Session to discuss adopting the resolution on the drainage agreement for the landowners of the Spanish Lake/ Alligator Bayou area. The motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call: YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The motion was declared adopted by the Chairman. The council discussed that the litigation was pending on this matter. They discussed the drainage agreement between the landowners and the Parish and that there is an agreement on the position of the gate and how it will be operated. Upon a motion by Councilman Kelley, and seconded by Councilman Taylor, it was moved to go out of Executive Session. The motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call: YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The motion was declared adopted by the Chairman. ADDENDUM Upon a motion by Councilman Reeves, and seconded by Councilman Scott, it was moved to go into addendum. The motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call: YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The motion was declared adopted by the Chairman.

There were three (3) resolutions added as addendum items to be discussed and considered during the resolution committee. Upon a motion by Councilman Taylor, and seconded by Councilman Kelley, it was moved to go out of addendum and vote on the resolutions altogether. The motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call: YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The motion was declared adopted by the Chairman. RESOLUTION COMMITTEE REPORT The Resolution Committee met on Tuesday, March 16, 2010 at 6:20 p.m. and recommended the adoption of the following resolutions:

RESOLUTON IPC# 2010-003

A RESOUTION TO AUTHORIZE THE PARISH PRESIDENT TO ENTER INTO A COOPERATIVE ENDEAVOR AGREEMENT WITH IBERVILLE

PARISH MUNICIPALITIES FOR HURRICANE GUSTAV/IKE CDBG-DISASTER RECOVERY PROGRAM HOUSING

REHABILIATION/ASSISTANCE PROGRAM

The following resolution was introduced by Councilman Taylor and seconded by Councilman Kelley.

WHEREAS, the Iberville Parish Council on November 17, 2009 awarded the Hurricane Gustav/Ike CDBG-Disaster Recovery Program Housing Rehabilitation Assistance Program management to Roberto Macedo & Associates. WHEREAS, the Louisiana Recovery Authority and Macedo & Associates, held an informational meeting with the Mayors of the City of Plaquemine, City of St. Gabriel, Town of White Castle, Town of Maringouin, Village of Rosedale and Village of Grosse Tete on March 5, 2010 to discuss Infrastructure objectives for the Gustave/Ike Disaster Recovery Program for the CDBG Housing Program. WHEREAS, the Gustav/Ike Disaster Recovery Program for CDBG Housing Program will be administered by Roberto Macedo & Associates through the Iberville Parish Council and that it is necessary for each municipality to enter into a cooperative endeavor agreement with the Iberville Parish Council to provide for the expenditure of the housing program(s) funds through the Louisiana Recovery Authority. NOW, THEREFORE, BE IT RESOLVED by the Iberville Parish Council as follows: that J. Mitchell Ourso, Jr., Parish President, be and is hereby authorized to enter into a Cooperative Endeavor Agreement with the Mayor of the City of Plaquemine, City of St. Gabriel, Town of White Castle, Town of Maringouin, Village of Rosedale and Village of Grosse Tete to provide for housing services to be funded through the Gustav/Ike Disaster Recovery Program for CDBG Housing Program.” BE IT FURTHER RESOLVED, that Roberto Macedo, is hereby appointed as the point of contact with the Town for the Parish as it relates to implementation of the Gustav/Ike Housing Rehabilitation Program for the Town. The above resolution was duly adopted in regular session this 16th day of March, 2010, by the following vote on roll call; YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford.

The resolution was declared adopted by the Chairman on the 16th day of March, 2010.


A RESOLUTION ADOPTING THE IBERVILLE PARISH COUNCIL COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)—DISASTER RECOVERY PROGRAM ARCHITECTURAL OR ENGINEERING SELECTION CRITERIA; AND AUTHORIZING THE PRESIDENT TO SOLICIT STATEMENTS OF QUALIFICATIONS FROM QUALIFIED ARCHITECTURAL OR ENGINEERING FIRMS TO PROVIDE NEEDED PROFESSIONAL DESIGN SERVICES RELATED TO THE INFRASTRUCTURE COMPONENT OF THE CDBG-DR PROGRAM


WHEREAS, participation in the CDBG-Disaster Recovery Program requires that the

Iberville Parish Council comply with the Parish’s “CDBG-Disaster Recovery Procurement Policy” in the procurement of Architectural or Engineering services needed in the design of infrastructure improvements funded under the CDBG- Disaster Recovery Program for the Parish Council; and

WHEREAS, the previously adopted “Disaster Recovery Procurement Policy” states that

specific criteria be established for the selection firms proposing to offer needed professional design services;

NOW, THEREFORE, BE IT RESOLVED, that the “Iberville Parish Council CDBG—

Disaster Recovery—“Infrastructure Architectural or Engineering Criteria for Selection”, (A) attached hereto and made a part hereof, be hereby officially adopted and is to be used in the procurement of professional design services required for the design of Infrastructure Projects funded under the Iberville Parish Council CDBG-Disaster Recovery Program;

BE IT FURTHER RESOLVED, that the President be hereby authorized to advertise for

Statements of Qualifications for the CDBG funded Infrastructure Projects as approval for respective Projects are received from the Louisiana CDBG Disaster Recovery Unit; and as recommended by the CDBG Program Administrator:

IBERVILLE PARISH COUNCIL CDBG – DISASTER RECOVERY INFRASTRUCTURE PROJECTS

ARCHITECTURAL OR ENGINEERING CRITERIA FOR SELECTION

All responses to the Statement of Qualifications will be evaluated according to the following criteria and corresponding point system. The proposal will be evaluated on the basis of written materials. Sufficient information must be included in the proposal to assure that the correct number of points is assigned. Incomplete or incorrect information may result in a lower score.

ARCHITECTURAL OR ENGINEERING SERVICES SELECTRION CRITERIA

Respondents will be evaluated on the basis of written materials submitted in the qualification statements and according to the following criteria: TOTAL MAXIMUM POINTS 100

1. Experience of the firm with this type of construction project, under the CDBG funded projects, during the past ten years (Total Possible Points 25 pts.) A. Over 10 years 25 pts. B. Over 5 years 15 pts. C. Less than 5 years 5 pts.

2. Familiarity with Similar Project (Total Possible Points 25) A. More than 15 similar projects 25 pts. B. More than 10 similar projects 15 pts. C. Less than 5 similar projects 5 pts.

3. Capacity to Perform the Work (Total Possible Points 15) A. Adequate staff to perform work 10 pts. B. Application deadline can be met, and plans

and specifications completed within 6 months, if application is funded 5 pts.

4. Past Performance, or similar projects,with: (Total Possible Points 20) A. The Local Government Agency 10 pts. B. Other Government Agency 5 pts. C. Private Industry 5 pts.

5. Other Criteria (Total Possible Points 15) A. Minority/Female Disadvantage 5 pts. B. Veteran Owned Business 5 pts. C. Handicapped Owned Business 5 pts.

Items 1 & 2 – Respondents can score in one rating items only. Items 3, 4 & 5 – Respondents can score in all rating items.

In the event of a tie, the firm which has the most knowledge of the specific problem associated with the proposed project will be chosen. Such knowledge must have been obtained by previous experience with the local governing body regarding the affected infrastructure.

The selection of finalist to be interviewed, if interviews are determined by the Parish

Council to be desired, will be based on an evaluation of both the written qualification data and interview. The award will be made to the most qualified offerer whose qualification statement is deemed most advantageous to the Iberville Parish Council, all factors considered. Unsuccessful offerers will be notified in writing within two (2) weeks after a final determination of contract award is made. The above resolution was duly adopted in regular session this 16th day of March, 2010, by the following vote on roll call; YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The resolution was declared adopted by the Chairman on the 16th day of March, 2010.


A RESOLUTION IMPLEMENTING FINANCIAL MANAGEMENT FOR THE IBERVILLE PARISH COUNCIL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)—DISASTER RECOVERY AS REQUIRED IN THE UTILIZATION OF CDBG—DISASTER RECOVERY FUNDING

The following resolution was introduced by Councilman Taylor and seconded by Councilman Kelley. WHEREAS, it is necessary under the program regulations to authorize certain actions and individuals to perform certain designated functions required by the STATE: NOW THEREFORE BE IT RESOLVED, that the Iberville Parish Council as legal recipient of the CDBG Disaster Recovery funds, does hereby authorize the following actions.

SECTION I.

FINANCIAL MANAGEMENT WHEREAS, it is necessary under the Financial Management regulations of the CDBG Disaster Recovery program to authorize the Parish President to establish a CDBG Disaster Recovery non-interest bearing checking account; and,

WHEREAS, it is further necessary under the Financial Management regulations of the CDBG Disaster Recovery program to authorize certain individuals to sign for drawdowns for request for payment and to authorize one certain individual to certify the correctness of each signature; and, WHEREAS, it is further necessary under the Financial Management regulations of the CDBG Disaster Recovery program to designate an official depositary to hold CDBG Disaster Recovery funds; NOW THEREFORE BE IT RESOLVED, by the Iberville Parish Council as legal authorized recipient of the CDBG Disaster Recovery funds, in regular session convened, that Judith L. Burleigh and Stephanie Glynn are hereby authorized to sign the "Authorized Signature Card for Request for Payment", and, BE IT FURTHER RESOLVED, that the Parish President shall certify the correctness of the signatures; and, BE IT FURTHER RESOLVED, that Citizens Bank & Trust is hereby designated as the official depositary for direct deposit of grant funds for the CDBG Disaster Recovery project.

SECTION II

REQUISITION OF FUNDS

WHEREAS, the STATE requires adequate financial management control over CDBG Disaster Recovery funds. The establishment of a Requisition of Funds Policy is a vital tool to such control. NOW THEREFORE BE IT RESOLVED, that all invoices for work performed or materials used in relation to the CDBG Disaster Recovery Program, prior to payment, must have attached a signed pre-printed project requisition form. The form and invoice shall be approved in the following order: (1) Approval by Project Administrator (Pan American Engineers) for budget control. (2) Approval by Parish President. (3) Approval by Financial Officer. BE IT FURTHER RESOLVED, Edward A. Songy, J. Mitchell Ourso, Jr., and Randall W. Dunn are hereby authorized to sign checks written on the CDBG Disaster Recovery account. The above resolution was duly adopted in regular session this 16th day of March, 2010, by the following vote on roll call; YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The resolution was declared adopted by the Chairman on the 16th day of March, 2010.


A RESOUTION TO AUTHORIZE PARISH PRESIDENT TO ENTER INTO COOPERATIVE ENDEAVOR AGREEMENTS WITH MAYORS OF IBERVILLE PARSIH MUNICIPALITIES FOR HURRICANE GUSTAV/IKE CDBG-DISASTER RECOVERY PROGRAM INFRASTRUCTURE IMPROVEMENTS


WHEREAS, the Louisiana Recovery Authority and Pan-American Engineers, Inc., held an informational meeting with the mayors of the City of Plaquemine, City of St. Gabriel, Town of White Castle, Town of Maringouin, Village of Rosedale and Village of Grosse Tete on March 5, 2010 to discuss Infrastructure objectives for the Gustave/Ike Disaster Recovery Program for Infrastructure Improvements. WHEREAS, the Gustav/Ike Disaster Recovery Program for CDBG Infrastructure Improvements will be administered by Pan American Engineers, Inc., through the Iberville Parish Council and that it is necessary for each municipality to enter into a Cooperative Endeavor Agreement with the Iberville Parish Council to provide for the expenditure of funds through the Louisiana Recovery Authority for Infrastructure Improvements within each municipality. NOW, THEREFORE, BE IT RESOLVED by the Iberville Parish Council as follows: that J. Mitchell Ourso, Jr., Parish President, be and is hereby authorized to enter into a Cooperative Endeavor Agreement with the Mayors of the City of Plaquemine, City of St. Gabriel, Town of White Castle, Town of Maringouin, Village of Rosedale and Village of Grosse Tete related to Infrastructure Improvements to be funded through the Gustave/Ike Disaster Recovery Program for CDBG Infrastructure Improvements. BE IT FURTHER RESOLVED, that Pan American Engineers, Inc., CDBG Program Manager, is hereby appointed as the point of contact for the Parish with each municipality as it relates to implementation of the Town’s Infrastructure Projects. The above resolution was duly adopted in regular session this 16th day of March, 2010, by the following vote on roll call; YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The resolution was declared adopted by the Chairman on the 16th day of March, 2010.

RESOLUTON IPC# 2010- 007

A RESOLUTION ADOPTING THE SPANISH LAKE/ALLIGATOR BAYOU FLOODGATE DRAINAGE AGREEMENT; AND

AUTHORIZING THE PRESIDENT TO EXECUTE THE SPANISH LAKE/ALLIGATOR BAYOU FLOODGATE DRAINAGE

AGREEMENT


WHEREAS, until the opening of the Alligator Bayou floodgate on or about March 24,

2009, the waters within the Spanish Lake Sub-Basin have been artificially maintained at unnaturally high levels causing prolonged flooding and high water in the sub-basin and surrounding areas;

WHEREAS, the Iberville Parish Council recognizes that in order to continue protection

of life and property in the Spanish Lake Sub-Basin and affected areas, it is necessary to allow for the natural drainage of the Spanish Lake Sub-Basin, by operating the Alligator Bayou floodgate in the open position under normal circumstances as addressed in Ordinance Number 2009-014;

WHEREAS, certain property owners within the Spanish Lake Sub-Basin have requested Iberville Parish establish specific protocol for the future operation of the floodgate;

WHEREAS, Iberville Parish Council recognizes that there is a need to develop a

comprehensive plan for the continued operation of the Alligator Bayou floodgate for the protection of life and property;

NOW, THEREFORE, BE IT RESOLVED, that the Spanish Lake/Alligator Bayou Floodgate Drainage Agreement attached hereto and made a part hereof, be hereby officially adopted and is to be used for the continued operation of the Alligator Bayou floodgate;

BE IT FURTHER RESOLVED, that the President is hereby authorized to execute the

attached Spanish Lake/Alligator Bayou Floodgate Drainage Agreement:

The above resolution was duly adopted in regular session this 16th day of March, 2010, by the following vote on roll call; YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The resolution was declared adopted by the Chairman on the 16th day of March, 2010.

SPANISH LAKE/ALLIGATOR BAYOU FLOODGATE DRAINAGE AGREEMENT

Before the undersigned notaries, duly commissioned and qualified in and for the Parish(es) and State hereinafter set forth, and before the undersigned competent witnesses, personally came and appeared: The Iberville Parish Council, herein represented by its Parish President, J. Mitchell Ourso, Jr., acting under the authority of Resolution No. 2010-007 adopted by the Iberville Parish Council, attached hereto and made a part hereof as Exhibit "A," having its principal place of business at 58050 Meriam Street, Plaquemine, Louisiana 70764 (hereinafter referred to as "Iberville Parish") and Spanish Lake Mitigation, L.L.C., a limited liability company organized under the laws of the State of Louisiana, having its principal place of business at 20104 Phillips Road, Baton Rouge, Louisiana 70817, herein represented by Manager, Jay LeBlanc; and Land Investments of Louisiana, Inc., a corporation organized under the laws of the State of Louisiana, having its principal place of business at 18019 East Augusta, Baton Rouge, Louisiana 70810, pursuant to a Resolution of its Board of Directors which was adopted at the meeting held on March 17, 2010, a certified copy of which is annexed hereto as Exhibit "B" herein represented by President, Ramon Jarrell; and Jarrell Holdings, L.L.C., a limited liability company organized under the laws of the State of Louisiana, having its principal place of business at 18019 East Augusta, Baton Rouge, Louisiana 70810, herein represented by its President, Ramon Jarrell, Spanish Lake Restoration, L.L.C., a Louisiana limited liability company, organized under the laws of the State of Louisiana, having its principal place of business at 4664 Jamestown Avenue, Suite 400, Baton Rouge, Louisiana 70808, herein represented by its duly authorized Manager, Conservation Land Management, L.L.C., appearing herein through its duly authorized Manager, Scott P. Nesbit; First Louisiana Resource, Inc., a limited liability company organized under the laws of the State of Louisiana, having its principal place of business at 108 Third Street, Baton Rouge, Louisiana 70801, herein represented by its Manager, Leonard R. Nachman II; (hereinafter collectively referred to as "Property Owners"). For mutual consideration, Iberville Parish and the Property Owners hereby agree as follows: 1. Collectively, the Property Owners are the owners of approximately 8,000 acres of property located in the Spanish Lake Basin area, situated primarily in Iberville and Ascension Parish, Louisiana. The respective property owned by each Property Owner is described in Exhibit "C" in globo (hereinafter collectively referred to as the "Property").

2. Iberville Parish is the owner and operator of the Alligator Bayou Floodgate ("Floodgate") located at the convergence of Alligator Bayou and Bayou Manchac in Iberville Parish, Louisiana. 3. In the past, the Property has been subject to high water at certain times. 4. Property Owners desire that the Floodgate be maintained in the open position in order to alleviate the high water on the Property during the normal dry season from summer through fall. 5. Iberville Parish recognizes that the operation of the Floodgate affects the natural drainage of the Spanish Lake Basin and east Iberville Parish at certain times. Iberville Parish agrees to maintain the Floodgate in the open position at all times hereafter, except during backwater flooding situations (as defined hereinafter), with the goal of maximizing the natural drainage of water. 6. In addition to backwater flooding situations, the following shall be exceptions to the obligation(s) set forth in paragraph 5: a. Entry of a valid Order of a Court of competent jurisdiction directing Iberville Parish to close the Floodgate; b. In all emergency circumstances to protect life and property of Iberville and surrounding residents. c. To comply with any state or federal regulations; and/or, d. By Order of any state or federal agency, acting with proper authority, directing Iberville Parish to close the Floodgate. 7. Upon execution of this Agreement by all parties, Property Owners hereby waive, relinquish and expressly release, acquit and forever discharge Iberville Parish, its successors, representatives, agents, officers, employees, council members and other elected officials, of and from any and all claims, demands, causes of action and rights of action whatsoever, which Property Owners mayor might have and/or which may hereafter accrue to them, known and unknown, foreseen and unforeseen, including but not limited to, any and all claims, demands, causes of action and rights of action which Property Owners mayor might have for any Property damage, including but not limited to, damage, destruction, loss, diminution and/or reduction in value to any and all lands, bodies of water, soils, fruits, crops, or trees, loss of use of property (commercial, business, personal, private, recreational or other), restoration costs, preservation costs, damages due to trespass, cleanup costs, loss of income or revenue, loss of commercial or business opportunity, and loss of value of land arising out of, related to, or resulting from the operation of the Floodgate prior to the execution of this Agreement. This express waiver and release also includes any and all other damages and other items or theories of recovery whatsoever, including but not limited to, penalties, attorney's fees, punitive damages, inconvenience, annoyance, mental distress, and stigma damages to which Property Owners may be or might become entitled and all other rights whatsoever in any way arising out of, related to, or resulting from the operation of the Floodgate prior to the execution of this Agreement. 8. By execution of this agreement, Iberville Parish and the Property Owners do not Waive any rights or defenses of any kind or nature not specifically stated herein. Property Owners specifically reserve any future claims, demands, causes of action and rights of action whatsoever which Property Owners mayor might have and/or which may hereafter accrue to them in any way arising out of, related to, or resulting from the operation of the Floodgate subsequent to the execution of this Agreement. 9. The Parish and Property Owners do hereby bind and obligate themselves and their heirs, executors, administrators, representatives, successors, assigns, parent corporations, subsidiaries, stockholders, owners, general partners, limited partners, officers, directors, agents and employees.

a. This Agreement, in addition to a personal contractual agreement is, to the extent permitted by law, a granting of a pre-dial servitude of drainage by Iberville Parish as owner of the floodgate to the owners of the Property as described herein and is to run with the land, in accordance with Louisiana Civil Code articles 646, et seq. 10. "Backwater flooding" shall be defined as upstream flooding caused by downstream conditions such as channel restriction, high flow in downstream confluence streams, high tide, and/or prevailing headwinds that prevent downstream water flow or force water upstream. 11. This Agreement shall inure solely to the benefit of the parties hereto and their respective heirs, successors and assigns, including any purchasers from any property owner(s) identified herein, and not to the benefit of any third parties. 12. This Agreement shall be governed by the laws of the state of Louisiana. If any provision of this Agreement or the application thereof to any person or circumstance is, for any reason, and to any extent, held to be invalid or unenforceable under applicable law, then such provision will be deemed limited or modified to the extent necessary to make the same valid and enforceable under applicable law. Any invalid or unenforceable provision shall be replaced with such new provision which will allow the parties to achieve the intended result in a legally valid and effective manner. 13. In the event Property Owners consider that Iberville Parish has failed to comply with one or more of its obligations hereunder, either expressed or implied, Property Owners shall give written notice to Iberville Parish, through its Parish President, setting out specifically the manner Property Owners claim Iberville Parish has breached this Agreement. If within thirty (30) days after receipt of such notice, Iberville Parish shall correct or commence to correct the breach(es) alleged by Property Owners, Iberville Parish shall not be deemed in default hereunder. Neither corrective action taken by Iberville Parish, nor its failure to so act, shall be deemed an admission or presumption that Iberville Parish has failed to perform any of its obligations hereunder. a. In accordance with the above provisions and upon expiration of the thirty (30) days, Property Owners specifically reserve any and all rights to pursue any legal remedies available under the law, including but not limited to, injunctive relief. 14. This Agreement contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. No waiver, modification or amendment of any of the provisions of this Agreement shall be binding unless it is in writing and signed by the duly authorized representatives of all parties. 15. This Agreement is the result of open and extended negotiations between the parties hereto, each party having contributed toward the drafting hereof, directly and/or by counsel. To the greatest extent allowed by law, there shall be no application of the rule of construction of documents against the drafter. 16. This Agreement and all related documents, including but not limited to, all drafts, copies, notes, and related correspondence (including e-mails), shall not be admissible into evidence at any deposition, hearing or trial in any litigation resulting from the operation of the floodgate, except to enforce any provision of this Agreement. 17. This Agreement may be executed in counterparts and shall be made effective upon the execution of all parties. Each such counterpart so executed shall have the same force and effect as an original instrument as if all of the parties to the aggregate counterparts had signed in the same instrument. 18. All notices pursuant to this Agreement shall be made in writing and delivered via certified U. S. Mail to the physical addresses as noted herein.

THUS DONE AND SIGNED by J. MITCHELL OURSO, President of Iberville Parish, in the presence of the undersigned notary public, duly commissioned and qualified in and for the

Parish of Iberville, State of Louisiana, and the undersigned competent witnesses on March 22, 2010. WITNESSES: John J. Clark Judith L. Burleigh IBERVILLE PARISH BY: J. Mitchell Ourso, Jr. J. MITCHELL OURSO, JR. NOTARY PUBLIC/NOTARY NO. Edward A. Songy, Jr. / BRN: 02121 Edward A. Songy, Jr. Printed Name THUS DONE AND SIGNED by JAY LeBLANC in the presence of the undersigned notary public duly commissioned and qualified in and for the Parish of Iberville, State of Louisiana and the undersigned competent witnesses on March 22, 2010. WITNESSES: Courtney R. Yarbrough Lisa L. Francise SPANISH LAKE MITIGATION, LLC BY: Jay LeBlanc JAY LeBLANC NOTARY PUBLICINOTARY NO. Michelle O. Lorio St. Martin / #20930 Michelle O. Lorio St. Martin Printed Name THUS DONE AND SIGNED by RAMON JARRELL in the presence of the undersigned notary public, duly commissioned and qualified in and for the Parish of Iberville, State of Louisiana, and the undersigned competent witnesses on March 22, 2010. WITNESSES: Courtney R. Yarbrough Lisa L. Francise LAND INVESTMENTS OF LOUISIANA INC. BY: Ramon Jarrell RAMON JARRELL, President NOTARY PUBLICINOTARY NO. Michelle O. Lorio St. Martin / #20930 Michelle O. Lorio St. Martin Printed Name THUS DONE AND SIGNED by SCOTT P. NESBIT, in the presence of the undersigned notary public, duly commissioned and qualified in and for the Parish of Iberville, State of Louisiana, and the undersigned competent witnesses on March 22, 2010. WITNESSES: Lisa L. Francise Courtney Yarbrough SPANISH LAKE RESTORATION, L.L.C. By: Conservation Land Management, L.L.C., By: Scott P. Nesbit

SCOTT P. NESBIT, Manager NOTARY PUBLICINOTARY NO. Michelle O. Lorio St. Martin / #20930 Michelle O. Lorio St. Martin Printed Name THUS DONE AND SIGNED by LEO ARD R. NACHMAN in the presence of the undersigned notary public duly commissioned and qualified in and for the Parish of East Baton Rouge, State of Louisiana, and the undersigned competent witnesses on March 22, 2010. WITNESSES: Mary L. Braud Dianna D. Parker FIRST LOUISIANA RESOURCE, INC. By: Leonard R. Nachman LEONARD R. NACHMAN, Manager NOTARY PUBLIC/NOTARY NO. John W. Barton, Jr./ No. 2803 John W. Barton, Jr. Printed Name

Exhibit D Property owned by, Spanish Lake Mitigation Area,

Land Investments of Louisiana Inc, and Jarrell Holdings LLC All of the right, title and interest in and to that certain tracts or parcels of land, as follows.

The Northeast 114 of Section 18, and the West 112 of the Northwest 114 of Section 18 248.9 T.9.S.-R.2E., containing 163.1acres.

The Northeast 1/4 of Section 13, T.9.S.-R.IE., containing 151.3 acres, more or less. The Southeast 1/4 and the Northeast 114 of Section 31, T.8S-R.2E., containing 296.4

acres, more or less. The Northeast 114 of Section 32, T.8S.-R.2E., containing 164.8 acres, more or less.

The Fractional East 112 of Section 6, T.9S.-R.2E., containing 238.9 acres, more or less. All that part of Section 5, T.9S.-R.2E., in Iberville Parish, lying North, South and East of

Spanish Lake, containing 157 acres, more or less. The Southeast 1/4 of Section 7, all in T.9S.-R.2E., containing 174.6 acres, more or less.

The West 112 of the Northeast 1/4 of Section 7, Township 9 South, Range 2 East; and That certain parcel or strip of land running parallel to the west line of the West 112 of the Northeast 1/4 of Section 7, Township 9 South, Range 2 East

which is situated partially in Section 31, Township 8 South, Range 2 East, partially in Section 6, Township 9 South Range 2 East, and partially in Section 7,

Township 9 South, Range 2 East and measures 13,128.56' along its eastern sideline; 847.08' along its northern line; 13,058.29' along its western sideline; and

850.52' along its southerly line. as shown on a map by Charles R. St. Romain, Registered Professional Land Surveyor dated May 12, 2009 entitled "Map

Showing the Exchange of Property Between Jay LeBlanc and First Louisiana Resource, L.L.C.", a copy of which is attached hereto and made a part hereof.

Containing 332.1 acres of land, more or less All of the above situate in the Parish of Iberville, and Parish of Ascension

Louisiana, and containing in the aggregate of +/- 1,764.1 acres, more or less

Exhibit D (cont'd) Property Owned by First Louisiana Resources, LLC

All of the right, title and interest of in and to that certain tracts or parcels of land, as follows.

Township 8 South Range One East. SE 1;4 of Section 35,

North East Y4 and the South 112 of Section 36 Township 9 South Range One East

NE 1;4 of Section 2

N ~ of the South East 1;4 of Section 2 South East 1;4 of the Southeast 1;4 of Section 2,

Section 1 N 112 of Section 12

Township 8 South Range 2 East Nw 1;4 of Section 31, the Swl14 of Section 31,

Township 9 South Range 2East West ~ of Section 6, the Nw 1;4 of Section 7

Less and except those properties Exchange with Spanish Lake Mitigation Area etal The West 1/2 of the Northeast 114 of Section 7, Township 9 South, Range 2 East; and That certain parcel or strip of land running parallel to the west line of

the West 112 of the Northeast 114 of Section 7, Township 9 South, Range 2 East which is situated partially in Section 31, Township 8 South, Range 2 East,

partially in Section 6, Township 9 South Range 2 East, and partially in Section 7, Township 9 South, Range 2 East and measures 13,128.56' along its eastern

sideline; 847.08' along its northern line; 13,058.29' along its western sideline; and 850.52' along its southerly line. as shown on a map by Charles R. St. Romain,

Registered Professional Land Surveyor dated May 12, 2009 entitled "Map Showing the Exchange of Property Between Jay LeBlanc and First Louisiana Resource, L.L.C.", a copy of which is attached hereto and made a part hereof.

Containing 332.1 acres of land, more or less All of the above situate in the Parish of Iberville, and containing in the aggregate of +/-

2342.99 acres, more or less.

IBERVILLE PARISH, LOUISIANA All that portion of the NW1I4 Section 8, Township 9 South, Range 2 East, East of the

Mississippi River lying in Iberville Parish, Louisiana and being a portion of ' the same land acquired by Natalbany Lumber Company from Ronaldson-Puckett Co" Ltd. by an act of sale

recorded in Book 49, page 169, Conveyance records of Iberville Parish, Louisiana. (1) A certain parcel of real estate in the Parish of Iberville, Louisiana, being the E1I2 of W1I2 of

Lot 8, Section 19, Township 9 South, Range 2 East, SED, East of the River, S1. Helena Meridian,

containing 42 acres; and (2) E1I2 of West portion of WII2 of Lot 8, Section 19, Township 9, South, Range 2 East, SED,

East of river, containing 22 acres, making an aggregate of 64 acres. All that portion of the following described lands lying in Iberville Parish, Louisiana, to wit:

NW1I4 and lots 1 & 2, and E1I2 ofSW1J4, and SEl/4 of Section 32, Township 8 South, Range 2 East, East of the Mississippi River; and being the same property acquired by Natalbany Lumber

Co. from J. Burton LeBlanc by an act of sale recorded in Book 50, page 2l3, Conveyance Records of Iberville Parish, Louisiana.

E1I2 of NWI/4 and the Fractional E1I2 of SW1I4 of Section 18, Township 9 South, Range 2 East, East of the Mississippi River, and being the same land acquired by Natalbany Lumber Company from C.Z. Kling and J. N. Delaune by act of sale of record in Book 49, page 97,

Conveyance Records of Iberville Parish, Louisiana. Lots 6,7,8 and 9, Section 2, Lots 1,2 & 3, Section II, Lots 1 and 2 and the El/2 of SWl/4 of

Section 12, Lots 1 & 2 and E1I2 ofNWl/4 of Section 13, all being in Township 9 South, Range 1 East, East of the Mississippi River and being the same land acquired by Natalbany Lumber

Company from Stanga Realty Company by act of sale recorded in Book 49, page 72, Conveyance Records of Iberville Parish, Louisiana.

SE1I4 of Section 12, Township 9 South, Range 1 East, being the same land acquired by Natalbany Lumber Company from C. F, Stanga, et ai, by an act of sale recorded in Book 49,

page 75, Conveyance records of Iberville Parish, Louisiana. All that portion of the following described lands in Iberville Parish, Louisiana, to-wit: Fractional

SE1I4 of Section ] 8, Township 9 South, Range 2 East, being the same land acquired by Exhibit A-I to Lago Espanal, L.L.C. Resolution Page 3

Natalbany Lumber Company from Elie Braud, Sr. by act of sale recorded in Book 49, page 96, Conveyance Records of Iberville Parish, Louisiana.

LESS AND EXCEPT: A certain lot or parcel of land lying, being and situated in Section 18, T9S, R2E,

Southeastern Land District, East of the Mississippi River, Iberville Parish, Louisiana; more particularly described as follows:

Beginning at the iron set on the centerline of the road adjacent to the property, at

its southwestern most corner, thence proceed N 89 deg. 31 '00" E a distance of 8.5 feet to the point of beginning; thence proceed S 00 deg. 29'00" E a distance of

420' along the gravel road to a point and corner; thence proceed N 89 deg. 31 '00" E a distance of 118.5' to a point and corner; thence proceed N 01 deg. 12'36" W a

distance of 420' to a point and corner; thence proceed S 89 deg. 31 '00" W a distance of 113.2' to the point of beginning. .

All as shown on a map of survey prepared by John K. Laws, Jr., P.L.S. dated July 12, ] 996, and said tract being identified thereon as "Tract LE", a copy of which is

on file and of record in the office of the Clerk and Recorder for the Parish of Ibervil1e, State of Louisiana. Together with all buildings and improvements

situated thereon or in anywise appertaining. Said tract being the same lands conveyed by Cash Sale from Lago Espanol,

L.L.C., to International Petroleum & Exploration Royalty Corporation in Conveyance Book 490, Entry 8, Ibervi11e Parish, Louisiana, as corrected by

Notarial Act of Correction dated September ] 7, 1996, Conveyance Book 491, Entry 46, Iberville Parish, Louisiana, which Notarial Act of Correction was

executed to include the map of survey of the conveyed tract which was inadvertently omitted from the Cash Sale.

A certain tract of land containing 22 acres, more or less, within the following boundaries to wit: North by Contance (Constant) Forcuth (Forroux) and Samson Elesir (Elisor): East by Theodore

Smith: South by L. A. Carville: West by Carville and Gilner tract; being in Section 19, Township 9 South, Range 2 East, Iberville Parish, State of Louisiana.

All that portion of the following described lands lying in Iberville Parish, Louisiana, to wit: S 1/2 of NE1I4 of Section 5, SE 1/4 Section 7, S 112 and NE1I4 Section 8, N1I2 Section 17, all in

Township 9 South, Range 2 East, East of the Mississippi River, and being the same land acquired by Natalbany Lumber Company from J. Burton LeBlanc by act of sale dated July 26,

1926. Exhibit A-l to Lago Espanol, L.L.C. Resolution Page 4

The East 22 acres of E1I2 of Lot 8, Section 19, Township 9 South, Range 2 East, East of Mississippi River, being the same property acquired by Natalbany Lumber Company from Leslie

Ellisner by act of sale under date of July 10, 1926. Exhibit A-l to Lago Espana], L.L.C. Resolution Page 5

RESOLUTION IPC# 2010-008

A RESOLUTION TO AUTHORIZE THE PRESIDENT TO SUBMIT A GRANT APPLICATION TO THE STATE OF LOUISIANA RECOVERY AUTHORITY UNDER THE COMPETITIVE COMPREHENSIVE RESILIENCY PROGRAM FOR PLAN/ZONING ORDINANCE DEVELOPMENT AND CODE ENFORCEMENT STAFF RAMP UP, WITH FUNDS COMING FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RELATED TO HURRICANE GUSTAV/IKE The following resolution was introduced by Councilman Taylor and seconded by Councilman Kelley. WHEREAS, the State of Louisiana – Louisiana Recovery Authority through the Office of Community Development, Disaster Recovery Unit is receiving competitive applications under the Comprehensive Resiliency Program for Plan/Zoning Ordinance Development and Code Enforcement Staff Ramp Up; and, WHEREAS, there is a need within Iberville Parish to develop comprehensive land use zoning ordinances and plans, for the development of a methodology for the implementation of related activities, and for additional code enforcement which will assist in the establishment and acceleration of building code enforcement and resiliency education; and, WHEREAS, the Comprehensive Resiliency Program established by the Louisiana Recovery Authority – Office of Community Development is a 100% grant that is established for the purposes of furthering the recovery efforts from Hurricanes Gustav/Ike; and, WHEREAS, Iberville Parish was one of the four most heavily damaged parishes from Hurricanes Gustav/Ike; and,

WHEREAS, the Parish currently does not have a Comprehensive Zoning Ordinance and lacks the capacity at this time to fund the Code Enforcement Staff Ramp Up component of such a plan; and, NOW THEREFORE BE IT RESOLVED, that the President is hereby authorized to submit an application to the Louisiana Recovery Authority, Office of Community Development, Disaster Recovery Unit under the Comprehensive Resiliency Program for funding of Plan or Zoning Ordinance Development and Code Enforcement Staff Ramp Up. The above resolution was duly adopted in regular session this 16th day of March, 2010, by the following vote on roll call; YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The resolution was declared adopted by the Chairman on the 16th day of March, 2010.

RESOLUTION IPC# 2010-009

A RESOLUTION ADOPTING POLICIES AND PROCEDURES FOR THE IBERVILLE PARISH COUNCIL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)—DISASTER RECOVERY AS REQUIRED IN THE UTILIZATION OF CDBG—DISASTER RECOVERY FUNDING

The following resolution was introduced by Councilman Taylor and seconded by Councilman Kelley. WHEREAS, the Iberville Parish Council has been afforded the opportunity to participate in the Community Development Block Grant (CDBG)—Disaster Recovery Program administered by the Division of Administration; and, WHEREAS, it is necessary under the program regulations to authorize certain actions and individuals to perform certain designated functions required by the STATE: NOW THEREFORE BE IT RESOLVED, that the Iberville Parish Council as legal recipient of the CDBG-DR funds, does hereby authorize the following actions.

SECTION I.

EQUAL OPPORTUNITY WHEREAS, equal opportunity regulations of the CDBG – Disaster Recovery Program require the appointment by the recipient of an Equal Employment Opportunity Compliance Officer, (EEO Compliance Officer) to have responsibility for maintaining all pertinent EEO files, submitting on a timely basis all required reports, answer all related correspondence and monitor all EEO areas; NOW THEREFORE BE IT RESOLVED, by the Iberville Parish Council that Edward “Lucky” Songy is hereby appointed as EEO Compliance Officer for the life of the CDBG Disaster Recovery Program and as such is charged to faithfully execute all duties and responsibilities herein described.

SECTION II.

FAIR HOUSING POLICY WHEREAS, the State requires Grantees to take actions to affirmatively further fair housing in compliance with Title VIII of the Civil Rights Act of 1968, as amended and Executive Order 11063, as amended; and, NOW THEREFORE BE IT RESOLVED, that Edward “Lucky” Songy is hereby appointed as the CDBG Disaster Recovery Fair Housing Coordinator.

SECTION III.

PROCUREMENT AMENDMENT RELATED TO “TOWN” INFRASTRUCTURE PROJECTS WHEREAS, participation in the CDBG-Disaster Recovery Program requires the Iberville Parish Council to adopt a policy by which the supplies, equipment, construction services and professional services required in the implementation of the CDBG—Disaster Recovery Program for the Parish Council are procured; and, WHEREAS, this policy must conform to all state and federal guidelines for approval by the State; and, WHEREAS, the procurement policy adopted at the time did not envision projects to be designed for projects funded by “Town” allocations; and, WHEREAS, input from representatives of the respective Town’s related to professional services procurement is desired for each respective so called “Town” Infrastructure Project. NOW, THEREFORE BE IT RESOLVED, that the “Town Infrastructure Projects” constructed through respective Parish/Town Cooperative Endeavor Agreements, that the Selection Committee will consist of two (2) members appointed by the Parish and two (2) members appointed by each Town. BE IT FURTHER RESOLVED, that recommendations from Parish/Town Joint Selection Committee will be submitted to the Parish Council for ultimate review and contract award.

SECTION IV.

SECTION 3 PLAN WHEREAS, the CDBG regulations require Grantees to the greatest extent feasible to provide opportunities for training and employment to lower income residents of the project area and contracts for work in connection with the project area be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project in compliance with Section 3 of the Housing and Urban Development Act of 1968; NOW THEREFORE BE IT RESOLVED, that the attached "CDBG – Disaster Recovery Section 3 Plan, (A)" for the Iberville Parish Council dated March 16, 2010 is hereby adopted. BE IT RESOLVED, by the Iberville Parish Council, that Edward “Lucky” Songy is hereby appointed as Section 3 Compliance Officer for the life of the CDBG Disaster Recovery Program and as such is charged to faithfully execute all duties and responsibilities as noted in the Parish’s Section 3 Plan.

SECTION V.

POLICY REGARDING NON DISCRIMINATION ON THE BASIS OF DISABILITY

(SECTION 504 OF REHABILITATION ACT OF 1973)

WHEREAS, the Congress of the United States has passed Section 504 of the Rehabilitation Act of 1973, which requires that “no otherwise qualified individual with a disability shall, solely on the basis of his or her disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program, services, or activities receiving federal assistance”; and WHEREAS, Iberville Parish has received CDBG fund for Gustav/Ike Disaster Recovery and is required to comply with Section 504 of the Rehabilitation Act of 1973; and WHEREAS, the failure to comply with the terms and conditions of Section 504 of the Rehabilitation Act may cause the Parish to lose its grant or eligibility for future grants;

NOW, THEREFORE, BE IT RESOLVED by the Iberville Parish Council of, the following:

Section I. It is the policy of Iberville Parish that all programs and activities shall be accessible to, and usable by, qualified persons with disabilities, in accordance with Section 504 and the Americans with Disabilities Act (ADA).

Section II. That the Iberville Parish Council shall conduct a Self-Evaluation, with the assistance of a review committee involving individuals with disabilities, of its programs, policies, procedures, and facilities to determine those areas where discrimination may occur.

Section III. The Iberville Parish Council shall, upon completion of the Self-Evaluation plan, make revisions, modifications, or other changes so as to fully comply with the letter and intent of Section 504 and the ADA.

Section IV. Further, the Iberville Parish Council shall, where building modifications are required, develop and implement a Transition Plan for eliminating structural barriers in a timely manner in accordance with Section 504 and the ADA.

SECTION VI.

SECTION 504 GRIEVANCE PROCEDURE

WHEREAS, the CDBG regulations require Grantees to establish internal grievance procedures to deal with citizen inquiries and complaints concerning Section 504 of the Rehabilitation Act of 1973 (Handicap Accessibility and Participation); NOW THEREFORE BE IT RESOLVED, by the Iberville Parish Council, that the attached policy entitled "Section 504 Grievance Procedure", (B) dated March 16, 2010 is hereby adopted.

SECTION VII.

504 COMPLIANCE COORDINATOR WHEREAS, the CDBG regulations require Grantees to designate a responsible person to coordinate the Parish’s efforts to comply with Section 504 of the Rehabilitation Act of 1973 as amended; NOW THEREFORE BE IT RESOLVED, that Edward “Lucky” Songy is appointed as Section 504/ADA Compliance Coordinator. BE IT FURTHER RESOLVED, that the President is hereby authorized to execute the attached “Section 504 Assurance”, (C) dated March 16, 2010 related to compliance with requirements of Section 504 Act of 1973, as amended.

SECTION VIII.

ANTI-DISPLACEMENT

WHEREAS, the U.S. Department of Housing and Urban Development prohibits the

release of Community Development Block Grant—Disaster Recovery funds until the grantee officially adopts and certifies that it is following a Residential Antidisplacement and Relocation Assistance Plan; and

WHEREAS, the Iberville Parish Council has formulated its Residential Antidisplacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act of 1974, as amended, which is attached hereto and made a part hereof, for compliance with federal requirements.

NOW, THEREFORE, BE IT RESOLVED that, the “Residential Antidisplacement and Relocation Assistance Plan”, (D) dated March 16, 2010, as required under Section 104(d) of the Housing and Community Development Act of 1974, as amended, be hereby officially adopted for usage in the implementation of the Iberville Parish Council Community Development Block Grant (CDBG)—Disaster Recovery Programs; and

BE IT FURTHER RESOLVED that, the President be hereby authorized to forward the official Plan and the “Antidisplacement Certification,” (E), the Louisiana Division of Administration, CDBG Disaster Recovery Unit.

SECTION IX.

LABOR COMPLIANCE

WHEREAS, labor compliance regulations of the CDBG Program require the appointment by the recipient of a Labor Compliance Officer, (LCO) to have the responsibility for maintaining all pertinent labor compliance files, submitting on a timely basis all required reports, answer all related correspondence and monitor all labor compliance areas; NOW THEREFORE BE IT RESOLVED, by the Iberville Parish Council that Edward “Lucky” Songy, is hereby appointed as Labor Compliance Officer for the life of the CDBG Disaster Recovery Program and as such is charged to faithfully execute all duties and responsibilities herein described.

SECTION X.

COMMUNICATION

WHEREAS, the CDBG Disaster Recovery Program requires that all grant recipients adopt by resolution a policy for communicating information to persons with sensory impairments; NOW THEREFORE BE IT RESOLVED, that the attached "Policy Statement for Communicating Information to Persons with Sensory Impairments," (F), dated March 16, 2010 is hereby adopted. BE IT FURTHER RESOLVED, the Iberville Parish Council hereby adopts a policy to utilize the Louisiana Hearing Impaired Relay System for communicating with hearing impaired persons. The above resolution was duly adopted in regular session this 16th day of March, 2010, by the following vote on roll call; YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell, Roy. NAYS: None. ABSENT: Jackson, Butler, Oubre, Bradford. The resolution was declared adopted by the Chairman on the 16th day of March, 2010.

IBERVILLE PARISH COUNCIL

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)- DISASTER RECOVERY PROGRAM

SECTION 3 PLAN

March 16, 2010

The Iberville Parish Council is committed to comply with Section 3 of the Housing and Urban Development Act of 1968. This Act encourages the use of small local businesses and the hiring of low income residents of the community. Bethany Fields, CDBG Grants Coordinator, will coordinate the Parish Council’s Section 3 efforts, to advise and assist key personnel and staff on Section 3, to officially serve as focal point on Section 3 complaints, and the on-site monitoring of

prime contractor’s and subcontractor’s to ensure the implementation and enforcement of the Section 3 plan. The approval or disapproval of the Section 3 Plan is the ultimate responsibility of the Iberville Parish Council. Documentation will be retained on file in the appropriate office for monitoring by the Louisiana Division of Administration, Office of Community Development. Therefore The Parish Council shall: 1. Hiring (a) Any person who approaches the Parish Council for employment is asked

to complete the Employment Application form as of the date of adoption of this Plan, however, it is logically in the best interest of the Parish to consider local employment. The Parish Council does not anticipate any new hirings related to the CDBG Program. When hiring is anticipated, the file which contains all previously completed employment applications is pulled and interviews for the positions are made from those applicants.

(b) Preference in hiring will be given to lower income persons residing in the

Parish. This means that if two equally qualified persons apply and one is a resident of the Parish and one is not, the resident will be hired.

(c) The Parish will maintain current records of anticipated hiring as specified

on this form, and maintain a current listing of employees as noted on the attached Workforce Analysis form.

Iberville Parish

Work Force Analysis 2010-2012

Job Classification

# of Positions to be Filled

# of Positions to be Filled by Lower

Income Residents # of Positions

Filled

# of Positions Filled by Lower

Income Residents None

Anticipated None

Anticipated None

Anticipated None

Anticipated

2. Contacting (a) The Parish Council will compile a list of business, suppliers and

contractors located in the Parish. (b) These vendors will be contacted whenever the Parish Council requires

supplies, service, or construction to solicit bids or quotes. (c) Preference will be given to small local business. This means if identical

bids/quotes are received from a small business located within the Parish and one from outside the Parish, the contract will be awarded to the business located within the community, subject to Title 38 public bid law restrictions.

3. LCDBG Contracts All CDBG bid packages and contracts shall include the following Section 3 language. (a) The work to be performed under this contract is on a project assisted under

a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income of the project area and contracts for work in connection with the project be awarded to business concern residing in the project area.

(b) The parties to this contract will comply with the provisions of said Section

3 and the regulation issued pursuant thereto by the secretary of Housing and Urban Development set forth in 24 CFR and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

(c) The contractor will send to each labor organization or representative or

workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker’s representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

(d) The contractor will include this Section 3 clause in every subcontract for

work in connection with the project and will, at the direction of the applicant for, or recipient of, federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with the requirements of these regulations.

(e) Compliance ahead the provisions of Section 3, the regulations set forth in

24 CFR, and all applicable rules and orders of the Department, issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, it successors, and assigns to those sanctions specified by the grant or loan agreement or contract through

which federal assistance is provided, and to such sanctions as are specified by 24 CFR.135.

The Parish Council shall require each contractor to prepare a written Section 3 plan as a part of their bids on all jobs exceeding $100,000 and shall include both Tables A and B. (A sample Section 3 Plan with completed Tables A and B are attached.) All Section 3 Plans shall be reviewed and approved by the Parish Council’s Equal Opportunity/Section 3 Compliance Officer and maintained in said office for monitoring by the Division Administration, Office of Community Development. The Iberville Parish Council will maintain all necessary reports and will ensure that all contractors and subcontractors submit required reports.

LOWER INCOME CLARIFICATION

A family who resides in Iberville Parish and whose income does not exceed 80 percent of the median family income for the Parish of Iberville according to HUD 2009 income limits, is $46,300; therefore, a family of four (4) whose income does not exceed $37,040 (80% of $46,300) will be considered as a lower income family. Lower income consideration shall be based on the family’s total income at the time the individual is hired.



SECTION 3 PLAN

JOHN DOE CONSTRUCTION agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of Anytown .

A. To ascertain from the OWNER’s Grant program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implement the affirmative action plan.

B. To attempt to recruit from within the City the necessary number of lower income

residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, HomCity Plan, or the U.S. Employment Service.

C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists.

D. To insert this Section 3 plan in all bid documents, and to require all bidders on subcontracts to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish these goals.

E. To insure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas are also let on negotiated basis, whenever feasible, when let in a Section 3 covered project area.

F. To formally contact unions, subcontractors, and trade associations to secure their cooperation for this program.

G. To insure that all appropriate project area businesses concerns are notified of pending subcontractual opportunities.

H. To maintain records including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken.

I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 Plan.

J. To list on Table A, information related to subcontracts to be awarded.

Loans, grants, contracts, and subsidies for less than $100,000 will be exempt.

K. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level, and number of positions. As officers and representatives of JOHN DOE CONSTRUCTION COMPANY, INC. , we the (Name of Contractor) undersigned have read and fully agree to this Section 3 Plan, and become a party to the full implementation of this program. Signature President December 10, 2015 Title Date Signature Title Date TABLE A

PROPOSED SUBCONTRACTS BREAKDOWN

FOR THE PERIOD COVERING December , 2015 through December , 2016

(Duration of the CDBG-Assisted Project)

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 TYPE OF

CONTRACT (BUSINESS OR

PROFESSIONAL)

TOTAL

NUMBER OF CONTRACTS

TOTAL APPROXIMATE

DOLLAR AMOUNT

ESTIMATED NUMBER OF

CONTRACTS TO PROJECT AREA

BUSINESS*

ESTIMATED DOLLAR AMOUNT TO PROJECT AREA

BUSINESS*

ABC Plumbing (B) 1 $110,000 1 $120,000**

Ace Electric (B) 1 $90,000 0 0

Site Work (B) 1 $160,000 0 0**

Other Minor (B) 3 $100,000 1 $30,000

The Project Area is coextensive with the City of Anytown ‘s boundaries.

JOHN DOE CONSTRUCTION Company ANYTOWN NEW MUNICIPAL BUILDING LCDBG - 2015 Project Name Project Number December 10, 2015 (Signature) Date ** Separate Section 3 Plan required from these subs since subcontract amount is greater than $100,000. TABLE B

ESTIMATED PROJECT WORKFORCE BREAKDOWN COLUMN 1 COLUMN2 COLUMN 3 COLUMN 4 COLUMN 5

JOB CATEGORY TOTAL

ESTIMATED POSITIONS

NO. POSITION CURRENTLY OCCUPIED BY

PERMANENT EMPLOYEES

NO. POSITIONS NOT CURRENTLY

OCCUPIED

NO. POSITIONS TO BE FILLED WITH

L.I.P.A.R. * OFFICERS/SUPER VISORS

3

PROFESSIONALS

TECHNICIANS 2

HOUSING SALES/RENTAL/MGT

OFFICE CLERICAL 2

SERVICE WORKERS

OTHERS

TRADE: Carpenters

JOURNEYMEN 3 3

HELPERS 3 2

APPRENTICES

MAXIMUM # TRAINEES

OTHERS

TRADE: Form Setters

JOURNEYMEN 3 3 0 0

HELPERS 3 2 1 1

APPRENTICES

MAXIMUM # TRAINEES

OTHERS

TRADE: Operator

JOURNEYMEN 3 1 2 1

HELPERS

APPRENTICES

MAXIMUM # TRAINEES

OTHERS

TOTAL

Lower Income Project Area residents – Individuals residing within the City of Anytown whose income does not exceed 80% of the median income in the State.

JOHN DOE CONSTRUCTION Company



SECTION 504 GRIEVANCE PROCEDURE

March 16, 2010 SECTION 1: The Iberville Parish Council has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the regulation of the U.S. Department of Housing and Urban Development, 24 CFR Part 8, implementing Section 504 of the Rehabilitation Act of 1973, as amended (Public Law 93-112). Section 504 states, in part: No otherwise qualified handicapped individual ... shall, solely by reason of his handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. SECTION 2: To further assist those who may have a grievance concerning Section 504 Compliance, Ms. Bethany Fields has been designated to coordinate the efforts of the Iberville Parish Council to comply with requirements of Sec. 504 and its implementing regulation, 24 CFR Part 8. The Section 504/ADA Compliance Coordinator can be reached at (318) 473-2100. SECTION 3: The following procedures will be followed on all grievances received by the Iberville Parish Council related handicaps accessibility, and participation:

1) A complaint should be in writing, contain the name and address of the person filing it, and briefly describe the action alleged to be prohibited by the regulation.

2) A complaint should be filed in the office of the Section 504/ADA Coordinator

within a reasonable time after the person filing the complaint became aware of the action alleged to be prohibited by the regulation.

3) The Parish or his/her designee shall conduct such investigation of a complaint as

may be appropriate to determine its validity. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.

4) The Parish issues a written decision determining the validity of the complaint no

later than thirty (30) days after its filing. 5) The Section 504/ADA Coordinator shall maintain the files and records of the

Iberville Parish Council relating to complaints filed hereunder. The Section 504 Coordinator may assist persons with the preparation and filing of complaints, participate in the investigation of complaints and advise the Parish concerning their resolution.

6) The right of a person to prompt and equitable resolution of the complaint filed

hereunder shall not be impaired by the person=s pursuit of other remedies such as the filing of a Section 504 complaint with the Department of Housing and Urban Development or other Federal or State Agencies. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. Complaints may be forwarded for disposition to the:

Office of Fair Housing and Equal Opportunity Department of Housing and Urban Development Washington, DC 20410

Complaints may also be filed at any Regional or Field Office of the Department such as:

Department of Housing and Urban Development Regional Office Fair Housing and Equal Opportunity Division P.O. Box 2905 Fort Worth, TX 76113-2905

7) Determinations made under these procedures shall be liberally constructed to

protect the substantial rights of interested persons, to meet appropriate due process standards and to assure the compliance of the Iberville Parish Council with Section 504 and its implementing regulations.

SECTION 4: The Parish Council will maintain a file for the purpose of keeping reports of complaints. SECTION 5: This procedure does not invalidate nor supersede the personnel or other policies of the Parish Council which are currently adopted, but is intended to service as a guide for grievance resolution. SECTION 6: This procedure may be amended by majority vote at any of the Parish Council’s regularly scheduled meetings.



SECTION 504 ASSURANCE

March 16, 2010 The IBERVILLE PARISH COUNCIL does hereby assures the Office of Community

Development, Disaster Recovery Unit, that, as a recipient of Louisiana Disaster Recovery

Community Development Block Grant funds, all activities of this grant will be operated in

compliance with requirements of Section 504 of the Rehabilitation Act of 1973, as amended. As

a local government with 15 or more employees, the IBERVILLE PARISH COUNCIL further

assures the Office of Community Development, Division of Administration, that it has appointed

Edward “Lucky” Songy as the designated Section 504/ADA Coordinator (24 CFR 8.53), and

adopted a Section 504 Grievance Procedure on March 16, 2010 (24 CFR 8.53), and directed

the posting of a “Notice of Nondiscrimination” in public buildings of the Parish and in Town

Hall of Town’s recovery funds under the CDBG program as a means of providing for continuing

notification of participants, beneficiaries, applicants, and employees that it does not discriminate

on the basis of handicap in its federally assisted programs (24 CFR 8.54). A copy of the “Notice

of Nondiscrimination” is attached hereto.

J. Mitchell Ourso, Jr., Parish President

Date

NOTICE ON NONDISCRIMINATION

BASIS OF DISABILITY OR ACCESS

As required by Section 504 of the Rehabilitation Act (as amended) and the Americans with

Disabilities Act (ADA), the Iberville Parish Council has adopted by resolution a policy regarding

“Nondiscrimination on the basis of Disability.”

Iberville Parish Council does not discriminate on the basis of disability in the admission to,

access to, or operations of programs, services or activities.

Qualified individuals who need accessible communication aids and services or other

accommodations to participate in programs and activities are invited to make your needs and

preferences known to the 504/ADA coordinator. Please give us at least three to five day’s

advance notice so we can adequately meet your needs.

An internal grievance procedure is available to resolve complaints. Questions, concerns, or

requests for additional information regarding 504/ADA should be forwarded to:

504/ADA Coordinator’s Name Edward “Lucky” Songy

Title Section 504/ ADA Coordinator

Address Iberville Parish Council Office

Phone Number (225)687-5190 TDD 1-800-846-5277

Days and Hours Available Monday through Friday 8:00 A.M.. to 4:30 P.M.

Upon request, this notice and other materials may be made available in alternative formats (for

example, large print or audio tape) from the 504/ADA Coordinator.

1. As directed by the Parish Council this Notice is to be posted at all Iberville Parish Public

Buildings and forwarded to each municipality within the Parish for posting at the

respective Town Halls.

2. This Notice is also to be published at least once per year in the official journal.


COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)—DISASTER RECOVERY PROGRAM

RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN

(As Required Under Section 104(D) of the Housing and Community Development Act of 1974, as Amended)

March 16, 2010

The Iberville Parish Council will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.606(b)(1). The Iberville Parish Council Antidisplacement contact person is Roberto Macedo, who can be reached at (225) 344-7187.

All replacement housing will be provided within three (3) years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the Parish Council will notify the public and submit to the Division of Administration the following information in writing:

1. A description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size

(number of bedrooms) that will be demolished or converted to a use other than low/moderate-income dwelling units as a direct result of the assisted activity;

3. A time schedule for the commencement and completion of the demolition or

conversion; 4. The general location on a map and approximate number of dwelling units by size

(number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling

units; and 6. The basis for concluding that each replacement dwelling unit will remain in a

low/moderate-income unit for at least ten (10) years from the date of initial occupancy.

The Iberville Parish Council will provide relocation assistance, as described in 570.606(b)(2), to each low/moderate-income household displaced by the demolition of housing or by the conversion of a low/moderate-income dwelling to another use as a direct result of assisted activities.

Consistent with the goals and objectives of activities assisted under the Act, the Parish Council will take the following steps to minimize the displacement of persons from their homes:

1. All infrastructure projects will be designed so that there will be no displacement of any residences or businesses;

2. No homes will be demolished that can be rehabilitated; and 3. There will be no displacement of any residential or business occupants on CDBG—

Disaster Recovery projects.



RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE CERTIFICATION

March 16, 2010

The President of Iberville Parish, acting on behalf and as authorized by the Iberville

Parish Council, does hereby certify to the best of my knowledge and belief, to the Office of

Community Development, Division of Administration, that, as a recipient of Community

Development Block Grant Disaster Recovery funds, all activities of this grant will be operated in

compliance with requirements of the adopted Residential Anti Displacement and Relocation

Assistance Plan as required by Section 104 (D) of the Housing and Community Development

Act of 1974, amended.

J. Mitchell Ourso, Parish President Date


COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – DISASTER RECOVERY PROGRAM

POLICY STATEMENT FOR COMMUNICATING INFORMATION TO PERSONS

WITH SENSORY IMPAIRMENTS MARCH 16, 2010

The Iberville Parish Council will take such steps as are necessary to insure that qualified handicapped persons, including those with impaired sensory skills, receive effective notice. All aids needed to provide this notice, e.g., sign-language interpreters, readers, etc., are provided without cost to the person being served. FOR PERSONS WITH HEARING IMPAIRMENTS A. Qualified sign-language interpreter

For persons who are hearing-impaired and who use a sign-language as their primary means of communication, the following procedure has been developed and resources identified for obtaining the services of a qualified sign-language interpreter to communicate both verbal and written information:

The Iberville Parish Council will provide qualified sign language interpreters on an as needed basis. Such an interpreter will be used at job interviews, large meetings, explanations of policies and procedures, etc. A minimum advance notice for such use is four (4) days unless circumstances or conditions dictate lesser time. In that case, the minimum time will be that required to notify the organization furnishing the interpreter as well as the time required for that organization to act. When time permits, the request is to be in writing. If request is made orally, written documentation must be prepared and placed in the appropriate file. The Secretary of the Parish Council is authorized to obtain an interpreter as needed.

Information to be furnished when requesting an interpreter:

2) Reason for using interpreter services. 3) Date and time services are needed. 4) Place where interpreter is to report and directions if needed. 5) Name and title of person requesting services 6) Name, address and telephone number of Police Jury. 7) How is cost for services to be billed? Understanding of cost (cost per hour, travel

cost, etc.) 8) How is interpreter to be notified in case of cancellation or change in time or

place? 9) How Parish Council will be notified if services cannot be furnished as agreed to.

J. Written Materials

All program information will be provided to hearing-impaired persons in writing. Printed materials and writing materials are available.

K. Telecommunication Device for the Deaf (TDD)

The Iberville Parish Council participates in the Louisiana Hearing Impaired Relay System. A hearing impaired individual may access this system by calling 1-800-846-5277 (TDD users) or 1-800-947-5277 (voice users).

L. Any other auxiliary aids should be discussed. PERSONS WITH VISUAL IMPAIRMENTS Reader Staff will communicate the content of written materials by reading them aloud to visually impaired persons. B. Large print, taped, and Braille materials. Any other available aids should be discussed. FOR PERSONS WITH MANUAL IMPAIRMENTS

• Personal • Typewriters • Other adaptive self-help devices.

CORRESPONDENCE The letter written to LA DOTD by the Parish President on February 26, 2010 was not responded to. At the February 23, 2010 council meeting the council requested a representative to address their concerns about the intersection near the Plaquemine Ferry Landing. The council asked to please re-submit the letter to LA DOTD because this was not acceptable. ADJOURNMENT There being no further business, it was moved by Councilman Taylor, and seconded by Councilman Reeves to adjourn at 7:20 p.m. The motion was unanimously adopted. _______________________ _______________________ /s/ KIRSHA D. BARKER /s/ MATTHEW H. JEWELL COUNCIL CLERK COUNCIL CHAIRMAN

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