Livingston Parish February 9, 2012

Transcription

1 Livingston Parish February 9, 2012 The Livingston Parish Council met in regular session duly called, advertised and convened at its regular meeting place, the Parish Council Office, on Thursday, February 9, 2012 at the hour of 6:00 o clock p.m. with the following members present: Delos Blackwell Sonya Collins Ricky Goff Marshall Harris Joan Landry Jim Norred Chance Parent Ronnie Sharp Cindy Wale Absent: None Also Present: Parish President Layton Ricks, Parish Legal Advisor, Scott Perrilloux The chair called the meeting to order. LPR MOTION was offered by Chance Parent and duly seconded by Jim Norred to dispense with the reading of the minutes of the regular meeting of the Livingston Parish Council dated January 26, 2012, and adopt as written. PUBLIC INPUT The chair announced that Public Input would be accepted from any member of the audience wishing to address an agenda item. Agenda Item No. 7, Library General Obligation Refunding Bonds, was postponed awaiting the arrival of Mr. Jim Ryan of Government Consultants of Louisiana, Inc. Mr. Tom Sullivan, Livingston Parish Clerk of Court, spoke in public input in approval of Livingston Parish Courthouse Cooperative Endeavor Agreement. STATE OF LOUISIANA PARISH OF LIVINGSTON LPR No The following resolution was offered by Marshall Harris and duly seconded by Jim Norred: L.P. RESOLUTION NO A RESOLUTION AUTHORIZING THE LIVNGSTON PARISH PRESIDENT TO EXECUTE THE COOPERATIVE ENDEAVOR AGREEMENT PROVIDING FOR THE CONTRIBUTION PAYMENTS BY THE TWENTY FIRST JUDICIAL DISTRICT COURT, THE LIVINGSTON PARISH SHERIFF, THE LIVINGSTON PARISH CLERK OF COURT AND THE DISTRICT ATTORNEY FOR THE TWENTY FIRST JUDICIAL DISTRICT. WHEREAS, Livingston Parish is a party to a Loan Agreement with the Louisiana Local Government Environment Facilities and Community Development Authority relating to $17,865, Revenue Bond Series 2011 (Livingston Parish Courthouse Project) dated September 1, 2011;

2 WHEREAS, the Louisiana Legislature passed Act 20 of the 2011 Regular Session of the Legislature authorizing the Clerk of Court for the Parish of Livingston to charge and collect certain additional filing fees; and WHEREAS, the filing fees charged and collected by Act 20 of the 2011 Regular Session are to be paid to the Parish and to be used by the Parish for the payment of the interest and principal on the bonds issued for the Livingston Parish Courthouse Project; and WHEREAS, projected current collections of the additional filing fees reflect a shortfall of the monies necessary to debt service the bonds; and WHEREAS, the Twenty First Judicial District Court, the Livingston Parish Sheriff, the Livingston Parish Clerk of Court and the District Attorney for the Twenty First District have agreed, pursuant to a Cooperative Endeavor Agreement, to pay the Parish such additional funds as may be necessary to pay the bond indebtedness as it becomes due; and WHEREAS, the Parish is a necessary party to the Cooperative Endeavor Agreement providing for the contribution payment by the Twenty First Judicial District Court, the Livingston Parish Sheriff, the Livingston Parish Clerk of Court and the District Attorney for the Twenty First District; NOW THEREFORE, Layton Ricks, the President of Livingston Parish, is hereby authorized to execute the Cooperative Endeavor Agreement providing for the contribution payments by the Twenty First Judicial District Court, the Livingston Parish Sheriff, the Livingston Parish Clerk of Court and the District Attorney for the Twenty First Judicial District. Mr. Fernand Ferdie P. Genre, of Hannis T. Bourgeois, L.L.C. spoke in public input on Agenda Item No. 9, audit update. Mr. Jim Ryan spoke in public input on the Library General Obligation Refunding Bonds. LPR No MOTION was made by Marshall Harris and duly seconded by Joan Landry authorizing the Parish of Livingston, State of Louisiana to proceed with the issuance of not to exceed Six Million Three Hundred Thirty Thousand Dollars ($6,330,000) of General Obligation Refunding Bonds, Series 2012 of the Parish of Livingston, State of Louisiana; providing certain terms of said bonds; making application to the State Bond Commission for approval of said Bonds; appointing Bond Counsel, Financial Advisor and Underwriter; and providing for other matters in connection therewith. Mr. Karl Weber, Manager of Public Affairs for ATMOS Energy spoke in favor of renewal of franchise. The following ordinance was introduced in proper written form and read by title, to wit: L.P. ORDINANCE NO ORDINANCE OF THE PARISH OF LIVINGSTON, LOUISIANA, GRANTING TO ATMOS ENERGY CORPORATION (A TEXAS AND VIRGINIA CORPORATION WITH ITS PRINCIPAL OFFICE IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS) AND ITS SUCCESSORS AND ASSIGNS THE FRANCHISE AND RIGHTS TO CONDUCT IN SUCH PARISH THE BUSINESS OF ACQUIRING, MAINTAINING, CONSTRUCTING, LAYING, REPAIRING, REMOVING, REPLACING, INSTALLING, OPERATING, AND DISPOSING OF A GAS SYSTEM FOR THE SALE,

3 TRANSPORTATION, AND DISTRIBUTION OF NATURAL GAS WITHIN AND BEYOND THE BOUNDARIES OF THE PARISH AND TO THE RESIDENTS AND BUSINESSES LOCATED THEREIN FOR LIGHT, HEAT, POWER, AND ANY OTHER PURPOSES AND THE RIGHT TO USE THE PRESENT AND FUTURE STREETS, ROADS, HIGHWAYS, ALLEYS, BRIDGES, PUBLIC WAYS, AND IMMOVABLE PROPERTY IN SUCH PARISH BUT NOT WITHIN THE LIMITS OF ANY MUNICIPALITY OR OWNED OR CONTROLLED BY SUCH PARISH FOR SUCH PURPOSES; PRESCRIBING THE TERMS AND CONDITIONS TO WHICH SUCH FRANCHISE AND RIGHTS ARE SUBJECT; AND PRESCRIBING THE TERM OF SUCH FRANCHISE AND RIGHTS. LPR No MOTION was made by Jim Norred and duly seconded by Chance Parent to publish the ordinance by title in the Official Journal in accordance with the legal mandates and set a Public Hearing for Thursday, March 8, 2012, at the hour of six o'clock (6:00) p.m. at the Parish Council Chambers in the Governmental Building located at Government Boulevard, Livingston, Louisiana, at which time comments will be received on the proposed ordinance prior to a Council vote. A discussion was held on Agenda Item No. 11, Clarification of special legal counsel, but no action was taken. Mr. Shelby Easterly spoke before the council outlining his estimates on the time elements on the FEMA appeal. After a lengthy discussion, no action was taken. Parish President Layton Ricks gave the President s report and spoke on Agenda Item No. 13a, Appoint Finance Director. Ms. Laurie Durnin spoke in public input on Agenda Item No. 13a. Ms. Julie Baxter, Attorney for Alvin Fairburn and Associates. Mr. Doug Lovett of Woodland Crossing, Mr. Eddie Aydell of Alvin Fairburn and Associates, Mr. Robert Smiley of Denham Springs, Mr. Walter Krausharr of French Settlement, Ms. Ada Davidson of Albany, Ms. Taryn Creekbaum of Eastridge, and Mr. Gerald Coleman of Fawn Wood Drive in Walker spoke in public input on Agenda Item 13a. No action was taken. Parish President Layton Ricks gave the President s report and spoke on Agenda Item No. 13b, Financial Management resolution for LCDBG projects (Katrina/Rita Disaster Recovery Program and Gustav/Ike Disaster Recovery Program). After a lengthy discussion, the item was deferred to the February 20, 2012 Agenda. Mr. Sam Digirolamo, acting Director of the Planning Department, spoke on Agenda Item No. 14a, Servitude revocation, Hummingbird Lane. The following ordinance was introduced in proper written form and read by title, to wit: L.P. ORDINANCE NO A PORTION OF A 30 RIGHT-OF-WAY & SERVITUDE OF ACCESS, CALLED HUMMINGBIRD ST. LYING ON AND ACROSS LOTS 7-C, 17 & 18, OF AFTON WOODS SUBDIVISION, SHOWN ON MAP SHOWING COMBINATION OF LOTS 17

4 & 18, AFTON WOODS SUBDIVISION INTO LOT 17-A & THE REVOCATION OF A PORTION OF A 30 RIGHT-OF-WAY & SERVITUDE OF ACCESS, CALLED HUMMINGBIRD ST., LYING ON AND ACROSS LOTS 7-C, 17 & 18, OF AFTON WOODS SUBDIVISION, LOCATED IN SECTIONS 22 & 23, TOWNSHIP 6 SOUTH, RANGE 3 EAST, GREENSBURG LAND DISTRICT, LIVINGSTON PARISH, LOUISIANA..., AS SHOWN ON THE ATTACHED MAP. LPR No MOTION was made by Ricky Goff and duly seconded by Chance Parent to publish the ordinance by title in the Official Journal in accordance with the legal mandates and set a Public Hearing for Thursday, March 8, 2012, at the hour of six o'clock (6:00) p.m. at the Parish Council Chambers in the Governmental Building located at Government Boulevard, Livingston, Louisiana, at which time comments will be received on the proposed ordinance prior to a Council vote. LPR No MOTION was made by Ricky Goff and duly seconded by Ms. Collins to accept the recommendation of the Livingston Parish Council Planning Commission and approve the preliminary site plan for Juliana s Reception and Events Center, located in Section 1, T7S R3E. Councilman Goff called on Planning Commission member, Gerald Burns, to request that all final plats be brought back before the Planning Commission to review that all requirements have been met. Bobby Badeaux of Forte and Tablada was called upon and explained the process of changes and their approval. The chair advised that a committee would be formed to address Planning ordinances. - The chair called on Chuck Vincent, Building Director to address items 15a and b, Livingston Parish Ordinance Violations (20975 Vincent Acres, Tasha Granier and McArthur Drive). LPR No MOTION was made by Joan Landry and duly seconded by Marshall Harris to direct Chuck Vincent, Building Director, to pursue legal proceedings for ordinance violations against the owner of Vincent Acres, Tasha Granier, located in Council District 5. The chair allowed a discussion of mandatory residential waste pick up.

5 LPR No MOTION was made by Chance Parent and duly seconded by Mr. Goff to direct Chuck Vincent, Building Director, to pursue legal proceedings for ordinance violations against the owner of McArthur Drive located in Council District 1. Ms. Collins removed Agenda Item No. 16, Leclercq Lane Minor Subdivision. LPR No MOTION was made by Ms. Collins and duly seconded by Mr. Goff to rescind LPR No , appointing Shannon Mack to the Board of Commissioner of Fire Protection District No. 7. LPR No MOTION was made by Ms. Collins and duly seconded by Mr. Goff to rescind LPR No , appointing Jeffrey Fowler, Jerry Parker, Shannon Mack, Donald Sibley, Jeff Shaffett, and Jerry Brook to the Board of Commissioners of Fire Protection District No. 7. LPR No MOTION was made by Ms. Collins and duly seconded by Mr. Goff to reappoint the following to Fire Protection District No. 7 the following: Jeffrey Fowler Term to expire on January 1, 2013 Jerry Parker Term to expire on January 1, 2014 Charles Thompson Term to expire on January 1, 2013 Donald Sibley Term to expire on January 1, 2014 Jeff Shaffett Term to expire on January 1, 2013 LPR No

6 MOTION was made by Mr. Blackwell and duly seconded by Mr. Norred, to remove Jeff Johnson from the Board of Commissioners of Fire Protection District No. 10. LPR No MOTION was made by Mr. Blackwell and duly seconded by Mr. Harris to appoint Ritchie Neal to replace Jeff Johnson on the Board of Commissioners of Fire Protection District No. 10, term to expire on January 1, LPR No MOTION was made by Mr. Blackwell and duly seconded by Mr. Harris to formally acknowledge West Symphony Road as the name of said road, so that 911 Emergency Response may recognize it in their emergency system. LPR No MOTION was made by Jim Norred to reduce the speed limit from 25mph to 15mph on Shelby Road located in Council District 2, and to add Children at Play and No Outlet signage to be erected. LPR No MOTION was made by Chance Parent and duly seconded by Ricky Goff to approve Forte and Tablada to seek out safety grant money for correction of a curve on South Satsuma Road.

7 Councilman Chance Parent addressed agenda item 22, Remove Rafe Ballard Extension from the Parish maintenance system. He explained that the property owners of this gravel road wished to have it removed from the Parish maintenance. Parish legal advisor, Scott Perrilloux, advised that this would need to be done by ordinance. The deputy clerk questioned who would create the ordinance. The Council determined that legal advisor, Mr. Christopher Moody, would work with Councilman Chance Parent to accomplish this. -- LPR No MOTION was made by Chance Parent and duly seconded by Jim Norred to appoint David Tucker to the Livingston Parish Council Planning Commission, representing Council District 1, term to expire on January 11, LPR No MOTION was made by Jim Norred and duly seconded by Joan Landry to appoint Ronnie Bailey to the Livingston Parish Council Planning Commission, representing Council District 2, term to expire on January 11, LPR No MOTION was made by Joan Landry and duly seconded by Sonya Collins to appoint Mike Reed to the Livingston Parish Council Planning Commission, representing Council District 5, term to expire on January 11, LPR No MOTION was made by Marshall Harris and duly seconded by Jim Norred to re-appoint Joseph Koczrowski to the Livingston Parish Council Planning Commission, representing Council District 4, term to expire on January 11, LPR No MOTION was made by Chance Parent and duly seconded by Jim Norred to re-appoint Kathy Long to the Livingston Parish Council Planning Commission, representing Council District 3, term to expire on January 11, 2016.

8 LPR No MOTION was made by Sonya Collins and duly seconded by Jim Norred to re-appoint Kenny Morrison to the Livingston Parish Council Planning Commission, representing Council District 6, term to expire on January 11, YEAS: MS. COLLINS, MS. LANDRY, MR. NORRED, MR. PARENT, MR. SHARP, MR. BLACKWELL, MS. WALE NAYS: MR. GOFF, MR. HARRIS LPR No MOTION was made by Ricky Goff and duly seconded by Ronnie Sharp to re-appoint Gerald Burns to the Livingston Parish Council Planning Commission, representing Council District 7, term to expire on January 11, LPR No MOTION was made by Ronnie Sharp and duly seconded by Delos Blackwell to appoint Bob Scivique to the Livingston Parish Council Planning Commission, representing Council District 8, term to expire on January 11, LPR No MOTION was made by Delos Blackwell and duly seconded by Ronnie Sharp to appoint Mark Kinchen to the Livingston Parish Council Planning Commission, representing Council District 9, term to expire on January 11, Councilman Jim Norred advised that there would be a meeting Wednesday, February 15, 2012, at Live Oak Elementary concerning Watson Heights Subdivision. The developer, Dorian Gray, would be on hand to discuss issues with Neighbors In Action and the meeting is open to the public.

9 - LPR No MOTION was made by Marshall Harris and duly seconded by Joan Landry to reschedule the February 23, 2012 regular meeting of the Livingston Parish Council to Monday, February 20, 2012 due to the Livingston Parish Council s attendance at the Police Jury Association of Louisiana convention being held on the same time in Houma, Louisiana. LPR No MOTION was made by Marshall Harris and duly seconded by Ricky Goff to reschedule public hearings for L.P. Ordinance 12-01, and L.P. Ordinance for February 20, 2012 due to the Livingston Parish Council s attendance at the Police Jury Association of Louisiana convention being held on the same time in Houma, Louisiana. The chair addressed agenda item 25ai, Committee Reports, Capital Outlay, Appoint Chair. The chair appointed Councilman Chance Parent to replace Councilman Delos Blackwell as committee chair to the Capital Outlay committee. She then appointed Delos Blackwell as vice-chair and removed Jim Norred from the committee. The chair formed a new committee and termed it Planning Ordinance Review Committee : Joan Landry chair Jim Norred Ricky Goff Chance Parent The chair addressed agenda item 25aii, Committee Reports, Capital Outlay, Discuss committee meeting. Councilman Parent advised the deputy clerk to read the four (4) recommendations made to the Livingston Parish Council for a vote. LPR No MOTION was made by Chance Parent and duly seconded by Sonya Collins to accept the recommendation by the Capital Outlay Committee to enter into a contract with Coastal Bridge for the Capital Outlay Program and allow Alvin Fairburn and Associates to begin work on Change Order No. 1. LPR No MOTION was made by Chance Parent and duly seconded by Sonya Collins approve the recommendation by the Capital Outlay Committee to remove Otis White Road from the Capital Outlay program contractors scope of work for Coastal Bridge and to allow this to work to be accomplished as an in-house project.

10 LPR No MOTION was made by Marshall Harris and duly seconded by Joan Landry to approve the recommendation by the Capital Outlay Committee to add East Street, Nannette, Kelly Street and Catherine Street to the Capital Outlay Road List. LPR No MOTION was made by Sonya Collins and duly seconded by Joan Landry to approve the recommendation by the Capital Outlay Committee to finish out Pendarvis Lane in its entirety (from La. Hwy 447 to U.S. Hwy 190), and to finish out Brown Road to Juban Park Elementary School. The chair allowed an open discussion regarding the Council District s roads in the Capital Outlay program. The chair addressed agenda item 27, District Attorney. District Attorney Scott Perrilloux presented his recommendation to the Council for Parish legal advisor, Mr. Christopher Moody. Mr. Moody addressed the Council and gave his sentiments on working with the Council members. There being no further business, it was duly moved, seconded and agreed that the Livingston Parish Council adjourn until the next regular meeting scheduled for Monday, February 20, 2012, at the hour of 6:00 o clock p.m. at Livingston, Louisiana. Lisa T. Frederick, Council Clerk Cindy Wale, Council Chair