Buffer For Sale

PUBLIC HEARING


JUNE 1, 2010 7PM

COUNCIL CHAMBERS



Docket 5-10 Petition of Murphy Oil USA, Inc   
for a zoning change of three lots from residential (R1) to commercial (C1)   commercial usage of Murphy-owned residential lots

Lets All Join Together for Neighborhoods.

We are in opposition to a zoning change of three lots from residential (R1) to commercial (C1) behind the corner business on one of our neighborhood streets.

If the zoning change is approved, it will cause a decrease in property values. Added commercial and industrial traffic has already caused problems for the over two dozen children on this street and dozens more who live and play in the area. Creating such a traffic hazard increases the liability of the Parish and leaves these children without a safe neighborhood.

The same could happen to your neighborhood if the Parish continues to entertain such requests. With little to no public notice, the Council is discussing a parish-wide re-zoning of all properties within 250 feet of Judge Perez Drive, which could result in parking lots, dumpsters, commercial traffic and other nuisances coming to any residential street.

St Bernard Parish has more available commercial and industrial property now, than ever before, yet the integrity of all our residential neighborhoods appears to be expendable in the name of economic development. This type of zoning fails to meet St Bernard Parish's goal of economic development along with safe, productive family neighborhoods. Instead, this is spot zoning, and that's illegal.

Lets All Join Together for Neighborhoods. Here's what's happening in ours:

Murphy Oil entered into an agreement to sell some of its residentially-zoned property in the Ohio St. Neighborhood, on Despaux Drive, for $10,000 a lot. These properties, acquired by Murphy Oil pursuant the crude-oil-spill class action, Turner v Murphy Oil, originally sold for $44,000, $53,040, and $94,560, respectively. The court-ordered option to sell to the oil company was intended to create a buffer.

The perspective buyer wants to operate its growing catering business on the three R1-zoned lots behind the corner restaurant. Property is available on Judge Perez, but the buyer does not want to pay the higher price. If the re-zoning request is granted, commercial property will extend nearly 400 feet back from Judge Perez.

The St. Bernard Parish Council previously agreed not to rezone anything in this neighborhood until Murphy Oil provided two things to the residents of St. Bernard: 1) its Master Plan for the current facility and 2) a written plan of their long-term intent for the former "buyout" area. Only than could residents fully participate in an informed discussion to consider changes around the existing greenspace or buffer.

These dedicated neighbors were some of the first residents to return and restore their homes. They have already presented their vision for the revitalized neighborhood’s future and they have an equal right to the long-term security of their community.

The Parish Council will conduct a Public Hearing on June 1, 2010 at 7 PM in Council Chambers.

Comments may be submitted c/o the Council Clerk radams@sbpg.net , Mr. Lauga rlauga@sbpg.net , Mr. Cavignac gcavignac@yahoo.com , Mr. Henderson kwh3804@yahoo.com , Mr. Auderer fauderer@yahoo.com , Mr. Landry wlandry@sbpg.net , Mr. Ginart mginart@sbpg.net , or Mr. Everhardt fredeverhardt@yahoo.com

CAUTION FIVE FOOT HOLE

With Summer Vacation Starting soon, neighborhood children will be out and about enjoying the outdoors.  This five foot hole on Lena Drive was reported to SBPG Public Works some time ago.  More recently, Public Works was requested to properly fill the hole.

 Any child could easy explore under the street, and with the lack of sidewalks, any walker or bike rider could easily be hurt.

Chalmette 1972

ARE YOU READY ??

Are You Ready ?
Listen up! Get prepared!

St. Bernard Parish Department of Homeland Security in conjunction with Duke Engage prepared this informational segment in 2007 to help St. Bernard Parish prepare for hurricane season.

http://www.youtube.com/watch?v=S6raCupzkUg

Directed by Ken Winters. Produced by Sam Bowler and Joseph Lanser.

Are You Ready?
http://www.getagameplan.org/planFamily.htm


Trim a Tree - Save a House

http://www.getagameplan.org/planMitigate.htm

Clear storm drain basins and drainage canals

http://www.getagameplan.org/

CANCELLED May 18th Meeting

Tuesday, May 18, 2010

MRGO Ecosystem Restoration
MEETING CANCELLED


May 19, 2010
LPV Mitigation IER 20 - St Bernard

United States Army Corps of Engineers 100-Year Hurricane Risk Reduction Public Meeting

Open House: 6:00 pm - 6:30 pm
Presentation & Discussion: 6:30 pm - 9:00 pm

NP Trist Middle School
1 Pirates Cove
Meraux, LA 70075-2646

5.8 inches rain

Sunday, Despaux Drive flooded, Jacob Drive clear

Three Inches of Rain

May 15 2010: Over three inches of rain in Chalmette today and NO FLOODING on Jacob Drive. The canal dreding must be working!!


Residents reported Jacob Drive back to pre-Katrina drainage capacity with the street clear during today's deluge. Yet, nearby Despaux Drive flooded, mid-calf deep in some sections.

With tomorrow's forecast, will see if the bank sides hold up.

http://concernedcitizensaroundmurphy.blogspot.com/2010/05/storm-drainage-update.html

Asbestos Troubles

Asbestos troubles. Ever since the EPA proposed to test burn asbestos at our landfill [1], it's been interesting to follow asbestos demolitions, asbestos slab removals, and now asbestos storage.

photo slideshow

http://s786.photobucket.com/albums/yy141/concerned_citizens_2010/asbestos/?albumview=slideshow

The Environmental Protection Agency ("EPA") has acknowledged that "there is no safe level of exposure to asbestos." 51 Reg. 15722, 15728 (1986) (emphasis added). "Diseases associated with asbestos exposure include asbestosis, mesothelioma, cancer of the lung, and cancer of the gastrointestinal tract."

.

On Tuesday's Council Agenda is a zoning docket, Docket 2-10, which would allow storage of asbestos on St Bernard Hwy. The company is Cross Environmental, a State Wide Asbestos Contractor out of Crystal Springs Florida. They have already set-up and are operating an asbestos storage site in Arabi, Louisiana, without the required local zoning, nor Chapter 5 Code of Ordinance's Application.

DEQ officials state:
DEQ regulates the conditions under which a storage site may operate in order to protect human health and the environment. We have no authority over zoning discrepancies. The zoning issue is a function of the Parish, and as such, a non-compliance issue will be handled by them.

May 18 2010 Council Meeting Agenda Item #12
ADOPTION OF ORDINANCES

12. Summary No. 2653
Introduced By: Administration on 2/18/10
Planning Commission Recommended Approval on 3/23/10
Public Hearing Held on 4/20/10
Tabled by Council on 4/20/10
EFC Recommended Denial on 5/12/10

AN ORDINANCE TO APPROVE DOCKET 2-10, A PETITION FOR A ZONING CHANGE FROM “I-2, (HEAVY INDUSTRIAL)” TO “I-2, (CONDITIONAL USE)” FOR THE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE 7300 BLOCK WEST ST. BERNARD HIGHWAY. (District A)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

[1] On behalf of Concerned Citizens Around Murphy, Tulane Environmental Law Clinic (TELC) worked with Public Justice to stop EPA from conducting an experimental burn of asbestos contaminated waste in St. Bernard Parish that would have violated EPA’s own hazardous air pollutant regulations. TELC and Public Justice submitted a Notice of Intent to Sue the agency, alleging that EPA’s plans to experiment by departing from health and safety standards would treat “a storm-devastated Louisiana parish as a laboratory for illegal experiments.” In response, EPA dropped its plans to burn regulated asbestos containing material during the experiment.

http://en.wikipedia.org/wiki/Tulane_Environmental_Law_Clinic

http://www.tulane.edu/~telc/accomp.pdf

^ Notice of Intent of Concerned Citizens Around Murphy to Sue to EPA (June 3, 2008) http://www.tulane.edu/~telc/assets/Notice%20Letters/6-3-08%20CAA%20NOV%20to%20EPA%20Asbestos%20Burn.pdf

^ EPA Response to Comments, Disaster Debris Reduction Pilot Project – St. Bernard Parish (June 23, 2008), http://www.tulane.edu/~telc/assets/agency/06-23-08%20EPA%20resp.pdf

Pictured above, contractors work to remove asbestos from a residential slab.

more asbestos troubles

 asbestos demo slideshow

recycling asbestos treated cement slabs


The Environmental Protection Agency ("EPA") has acknowledged that "there is no safe level of exposure to asbestos." 51 Reg. 15722, 15728 (1986) (emphasis added). "Diseases associated with asbestos exposure include asbestosis, mesothelioma, cancer of the lung, and cancer of the gastrointestinal tract."



DEQ officials state:
DEQ regulates the conditions under which a storage site may operate in order to protect human health and the environment. We have no authority over zoning discrepancies. The zoning issue is a function of the Parish, and as such, a non-compliance issue will be handled by them.



On behalf of Concerned Citizens Around Murphy, Tulane Environmental Law Clinic (TELC) worked with Public Justice to stop EPA from conducting an experimental burn of asbestos contaminated waste in St. Bernard Parish that would have violated EPA’s own hazardous air pollutant regulations. TELC and Public Justice submitted a Notice of Intent to Sue the agency, alleging that EPA’s plans to experiment by departing from health and safety standards would treat “a storm-devastated Louisiana parish as a laboratory for illegal experiments.” In response, EPA dropped its plans to burn regulated asbestos containing material during the experiment.
http://en.wikipedia.org/wiki/Tulane_Environmental_Law_Clinic

http://www.tulane.edu/~telc/accomp.pdf

^ Notice of Intent of Concerned Citizens Around Murphy to Sue to EPA (June 3, 2008) http://www.tulane.edu/~telc/assets/Notice%20Letters/6-3-08%20CAA%20NOV%20to%20EPA%20Asbestos%20Burn.pdf

^ EPA Response to Comments, Disaster Debris Reduction Pilot Project – St. Bernard Parish (June 23, 2008), http://www.tulane.edu/~telc/assets/agency/06-23-08%20EPA%20resp.pdf

EPA further stated:"However, if these materials are in poor condition and are friable or they are subjected to sanding, grinding, cutting, or abrading, they are to be treated as friable asbestos material." (See Federal Register/Vol.55. No.224 / Tuesday, November 20, 1990 / Rules and Regulations / p. 48409)

http://www.deq.state.ok.us/aqdnew/asbestos/index.htm

http://www.deq.state.ok.us/aqdnew/asbestos/index.htm#EPA

http://www.deq.state.la.us/portal/LinkClick.aspx?fileticket=umtrFI6TkdI%3D&tabid=2885

EFC Meeting

ARABI PARK SUBDIVISION
1600, 1601 Esteban and Two lots at 1600 Aycock


Wednesday 2pm

Item # 3

Compound motion to take from the table and discuss Summary No. 2655, an ordinance to approve Docket 4-10, a petition of the St. Bernard Parish Planning Commission to the St. Bernard Parish Council to consider a map change from "R, 1, (single family residential)" to "C-1, (neighborhood commercial)" for four lots situated in Arabi Park Subdivision, designated as Lot "1", Square "a"; Lot "29", Square "b"; and Lots "1" and "2", Square "c".


Let's All Join For Neighborhoods

St Bernard Parish has more available commercial and industrial property now, than ever before, yet the integrity of all our residential neighborhoods appears to be expendable in the name of economic development. This type of zoning fails to meet St Bernard Parish's goal of economic development along with safe, productive family neighborhoods. Instead, this is spot zoning, and that's illegal.

The same could happen to your neighborhood if the Parish continues to entertain such requests. With little to no public notice, the Council is discussing a parish-wide re-zoning of all properties within 250 feet of Judge Perez Drive, which could result in parking lots, dumpsters, commercial traffic and other nuisances coming to any residential street.

Lets All Join Together for Neighborhoods

Lets All Join Together for Neighborhoods.

We are in opposition to a zoning change of three lots from residential (R1) to commercial (C1) behind the corner business on one of our neighborhood streets.

If the zoning change is approved, it will cause a decrease in property values. Added commercial and industrial traffic has already caused problems for the over two dozen children on this street and dozens more who live and play in the area. Creating such a traffic hazard increases the liability of the Parish and leaves these children without a safe neighborhood.

The same could happen to your neighborhood if the Parish continues to entertain such requests. With little to no public notice, the Council is discussing a parish-wide re-zoning of all properties within 250 feet of Judge Perez Drive, which could result in parking lots, dumpsters, commercial traffic and other nuisances coming to any residential street.

St Bernard Parish has more available commercial and industrial property now, than ever before, yet the integrity of all our residential neighborhoods appears to be expendable in the name of economic development. This type of zoning fails to meet St Bernard Parish's goal of economic development along with safe, productive family neighborhoods. Instead, this is spot zoning, and that's illegal.

Lets All Join Together for Neighborhoods. Here's what's happening in ours:

Murphy Oil entered into an agreement to sell some of its residentially-zoned property in the Ohio St. Neighborhood, on Despaux Drive, for $10,000 a lot. These properties were acquired by Murphy Oil pursuant the crude-oil-spill class action, Turner v Murphy Oil, for $44,000, $53,040, and $94,560, respectively. The former court-ordered voluntary option to sell to Murphy Oil was intended to create a green-zone buffer.

The perspective buyer wants to operate its growing catering business on the three R1-zoned lots behind the corner restaurant. Property is available on Judge Perez, but the buyer does not want to pay the higher price. If the re-zoning request is granted, commercial property will extend nearly 400 feet back from Judge Perez.

The St. Bernard Parish Council previously agreed not to rezone anything in this neighborhood until Murphy Oil provided two things to the residents of St. Bernard: 1) its Master Plan for the current facility and 2) a written plan of their long-term intent for the former "buyout" area. Only than could residents fully participate in an informed discussion to consider changes around the existing greenspace or buffer.

These dedicated neighbors were some of the first residents to return and restore their homes. They have already presented their vision for the revitalized neighborhood’s future and they have an equal right to the long-term security of their community.

The Parish Council will conduct a Public Hearing in June in Council Chambers. Comments may be submitted c/o the Council Clerk radams@sbpg.net, Mr. Lauga rlauga@sbpg.net, Mr. Cavignac gcavignac@yahoo.com, Mr. Henderson kwh3804@yahoo.com, Mr. Auderer fauderer@yahoo.com, Mr. Landry wlandry@sbpg.net, Mr. Ginart mginart@sbpg.net, or Mr. Everhardt fredeverhardt@yahoo.com

NO TRUCK ROUTE

Parish Administration has been urged, since 2006, to protect the safety of our children, require off-street loading areas at neighborhood restaurants, and replace the NO TRUCK ROUTE signs.

A recent zoning change on Corinne Drive allowed for the $325,000 purchase of an (R1) residentially-zoned lot to change to (C1) commercial. Such changes, when implemented properly, accommodate food service and beverage deliveries, providing a safe exit for drivers without use of residential streets.

Another zoning change application on Despaux Drive, for three residentially-zoned lots behind the corner seafood restaurant, should require the same improvements. These three lots are adjacent to and surrounded by restored homes in an established, revitalized neighborhood.

.

If the zoning change is approved, it will cause a decrease in property values. Added commercial and industrial traffic has already caused problems for the over two dozen children on this street and dozens more who live and play in the area. Creating such a traffic hazard increases the liability of the Parish and leaves these children without a safe neighborhood.

Originally acquired by Murphy Oil pursuant Turner v Murphy, the crude-oil-spill class action, the lots sold for $44,000, $53,040, and $94,560, respectively. The former court-ordered voluntary buyout option was intended to create a buffer.

.

The sales agreement price is now $10,000 per lot. The perspective buyer, representing Murphy Oil before the Planning and Zoning Commission, is a member of the Refinery CAP, serves as a Board Member on the Chamber of Commerce, and is the relative of the Chief of Police. Concerned Citizens received communications from residents who reported what they perceived to be harassment and intimidation tactics by this business owner, who allegedly approached residents with stern instructions to withdraw opposition to the zoning change or as they say there would be trouble.

.

Citizens have the right to active public participation without such threats. "Concerned Citizens" publicly recognize this is not a corporate level representation of the Murphy Oil Company. None the less, it will not be tolerated.

.

The St. Bernard Parish Council, nearly two years ago, agreed not to rezone any land owned by Murphy Oil in this neighborhood until Murphy Oil provided two things to the residents of St. Bernard: 1) its Master Plan for the current facility and 2) a written plan of their long-term intent for the former "buyout" area. Only than could residents fully participate in an informed discussion to consider changes around the existing greenspace or buffer.

At the Planning and Zoning Commission's Special Meeting this week, Murphy Oil's representative for this docket was questioned by the Planning Commissioners on the status of these plans.

The representative said he had called Murphy, just that day; they had a plan, but were tweaking it.

Residents wonder how food service buffers them from the petrochemical plant and what's next on the menu ?

Environmental Justice

Environmental Justice is the fair treatment and meaningful involvement of all people ..... with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

EPA has this goal for all communities and persons across this Nation. It will be achieved when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work.

http://www.epa.gov/compliance/ej/

For more information about Environmental Justice work in the New Orleans Region, contact CCAMLA1@gmail.com

storm drainage update

NCRS Project work begins on Jacob Drive Canal.

Thanks Public Works !

2009 air emissions

Murphy Oil Meraux Refinery 2009 Incidents


Louisiana Department Environmental Quality

EDMS AI #1238

http://www.deq.louisiana.gov/portal/tabid/2604/Default.aspx

oil in neighborhood canal again

Seems like the late night early morning rains got the best of us again; notice the recently oiled debris on canal bank (the sneaker)