IBERVILLE PARISH COUNCIL MINUTES PUBLIC HEARING, TUESDAY, FEBRUARY 14, 2012 PROPOSED ORDINANCE

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1 IBERVILLE PARISH COUNCIL MINUTES PUBLIC HEARING, TUESDAY, FEBRUARY 14, 2012 PROPOSED ORDINANCE The Parish Council of Iberville Parish, State of Louisiana, held a Public Hearing in the Council Meeting Room, Meriam Street, Plaquemine, Louisiana, on the 14 th day of February, 2012 at 6:00 p.m. pursuant to a Notice of Public Hearing published on the 9 th day of February, 2012 in the Post South. The Council Chairman, Matthew H. Jewell, called the hearing to order. A quorum was present and due notice had been given. Mr. Edward Songy, CAO and Legal Advisor, Mr. Scott Stassi was also in attendance. Mr. Randall Dunn read the following ordinance in entirety. ORDINANCE 1 Ordinance to amend the Unified Development Code to subdivide property for family member residential purpose The floor was opened to comments and questions. There was no opposition to the ordinance. There being no further business to be conducted, the hearing was adjourned at 6:10 p.m. /s/ KIRSHA D. BARKER COUNCIL CLERK /s/ MATTHEW H. JEWELL COUNCIL CHAIRMAN

2 IBERVILLE PARISH COUNCIL MINUTES REGULAR MEETING, TUESDAY, FEBRUARY 14, 2012 The Parish Council of Iberville Parish, State of Louisiana, met in Regular Session, in the Council Meeting Room, 2 nd Floor, Courthouse Building, Meriam Street, Plaquemine, Louisiana, on the 14 th day of February, The Council Chairman, Matthew H. Jewell, 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; Leonard Jackson, Sr., District 4; Edwin M. Reeves, Jr., District 5; Howard Oubre, Jr., District 7; Hunter S. Markins, District 8; Louis R. Kelley, Jr., District 10; Timothy J. Vallet, District 11; Matthew H. Jewell, District 12. Absent: Salaris G. Butler, Sr., District 6; Terry J. Bradford, District 9; Bart B. Morgan, District 13. Parish President- J. Mitchell Ourso, Jr., Chief Administrative Officer- Edward Songy and Legal Counsel- Scott Stassi were also in attendance. A quorum was present and due notice had been published in the official journal on the 9 th day of February, The Pledge of Allegiance followed. A Moment of Silence was held for Ms. Tammy Ourso, sister of Councilman Ourso and for Mr. Curtis Scott, brother of Councilman Scott. Council Chairman Jewell called for anyone wanting to make public comments to register with the Clerk. PRESENTATIONS AND APPEARANCES A) Proclamation for Mrs. Gertie Oufnac Landry Moved to a future meeting. B) Resolution of Condolence for Mr. Leroy Alfred Councilman Jackson read aloud and presented the Resolution of Condolence to Mrs. Emma Alfred and family. A picture was taken. APPROVAL OF MINUTES Upon a motion by Councilman Reeves, and seconded by Councilman Markins, it was moved to wave the reading of the minutes of January 17, 2012 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:

3 The motion was declared adopted by the Chairman. PRESIDENT S REPORT President Ourso reported on the following: President Ourso gave condolences to the Alfred family. The State wired the $1,080,000 to purchase the Gay family s property for the medical facility. Tomorrow at 10:00 am President Ourso will sign the act of cash sale at Borron & Delahaye s office for the purchase of the 27 acres to become Parish property. The Council members are welcome to join President Ourso in the Council Meeting Room at 10:15 am for picture taking to present the Gay family the $1,080,000 advance. The lease agreement has been signed by Ochsner and they have developed a floor plan for the medical facility. President Ourso hopes the project will go out for bid within three to four months. DOTD will perform a traffic study on entering the site. There were 10 or 11 applications received for the position of manager for the North Iberville Community Center. The Center is running behind schedule due to problems with the air conditioning. The Bruceville Sewer project is 70% complete. They will hook up sewer for some qualified residents in April. After the contract is complete the Parish will repair the damage to the roads. The Assessment Report for abolishing Waterworks District No. 4 has been presented to the Council. President Ourso explained this layer of government is no longer needed at this time, the estimated 11 mills will be taken off the books, and all outstanding debt will be paid off. The District has done a commendable job. The Parish Utilities Department currently runs the day-to-day operations, maintenance, and management for Waterworks District No. 4. Councilman Vallet asked President Ourso for any news on potential plans being made for the old hospital that was recently sold. President Ourso asked Mr. Thomas David of Pan American Engineers to come forward. Mr. David stated the former hospital is now owned by Mr. William Dean who owns many nursing homes, hotels, and various properties. They have tried contacting Mr. Dean but there has been no response. President Ourso believes the facility will be used medically and Mr. Dean will have to eventually come forward. CHAMBER OF COMMERCE REPORT Mr. Hank Grace was not present.

4 FINANCIAL REPORT Mr. Randall Dunn stated the financial statements have been given out to the Council. He explained sales taxes are currently down but are being monitored closely. NEW BUSINESS A) Introduction of Ordinances The following ordinances were introduced by Mr. Songy: Mr. Steven Nosacka of Trinity Capital Resources, LLC came before the Council to summarize the Feasibility Assessment and Analysis Report on the abolishment of Iberville Parish Waterworks District No.4 that was presented to the Council. Waterworks District No. 4 has become an unnecessary layer of government. The District has total cash reserves that are in excess of its debt obligations, and paying off these debts is the most efficient use of funds. The abolishment of the District will actually save the District s customers in excess of $2,000,000 over the next 20 years. The Parish Council can legally take action, by ordinance, to abolish the District and take ownership of the water system assets. The abolishment of the District by the Parish Council is both the legal and proper process for Parish Government to undertake in order to more efficiently serve the people of Iberville Parish. 1) Ordinance to abolish the Iberville Parish Waterworks District No. 4 Upon a motion by Councilman Vallet, seconded by Councilman Kelley, it was moved that a public hearing be held on Tuesday, March 20, 2012 at 6:00 p.m. on the introduced ordinance. The motion having been duly submitted to a vote, was duly adopted by the following yea and nay votes on roll call: The motion was declared adopted by the Chairman on February 14, ) Ordinance to abandon servitude for 50 roadway in St. Gabriel recorded at Conveyance Book Number 574, Entry 146 of Iberville Parish Clerk of Court s Office Upon a motion by Councilman Reeves, seconded by Councilman Jackson, it was moved that a public hearing be held on Tuesday, March 20, 2012 at 6:00 p.m. on the introduced ordinance. The motion having been duly submitted to a vote, was duly adopted by the following yea and nay votes on roll call:

5 The motion was declared adopted by the Chairman on February 14, ) Ordinance to declare property housing Kleinpeter Agricultural Building and former Parish Health Unit fronting on Meriam Street and Peters Street as surplus immovable property to be offered for sale in accordance with Louisiana law Upon a motion by Councilman Kelley, seconded by Councilman Ourso, it was moved that a public hearing be held on Tuesday, March 20, 2012 at 6:00 p.m. on the introduced ordinance. The motion having been duly submitted to a vote, was duly adopted by the following yea and nay votes on roll call: The motion was declared adopted by the Chairman on February 14, OLD BUSINESS A) Ordinance 1) Ordinance to amend the Unified Development Code to subdivide property for family member residential purpose ORDINANCE IPC# ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE, SECTION 7 TO ALLOW THE SUBDIVISION OF PROPERTY FOR FAMILY MEMBER RESIDENTIAL PURPOSE IN IBERVILLE PARISH, LOUISIANA The following ordinance was introduced by Councilman Oubre and seconded by Councilman Vallet. WHEREAS, the purpose of this ordinance is to provide a standard for the subdivision and transfer of property by property owner to a member of his/her family in Iberville Parish, Louisiana. WHEREAS, Section 7.4 shall be added to the Unified Development Code to provide for the following:

6 7.4.1 An additional seven (7) lots - a maximum of 12 lots -may be created for purposes to transfer/convey to immediate family members exclusively for the family member s residential purposes, limited to the below: Total additional lots (lot #6 up to lot #12) allowed shall be limited to the actual number of owner s immediate family each of which respective family member s intent is to convey and/or occupy for exclusive residential purposes and shall NOT be allowed to further subdivide such lot(s) unless resubmitted to Parish for review and all Parish standards are brought to full compliance. For purpose of this section, a person s immediate family members shall only mean the children, parents, grandparents, great-grandparents, grandchildren, great-grandchildren, stepchildren, brother, sister, spouse, the parents of his or her spouse, and the spouses of his or her children, of the property owner or owners The total number of lots created for each phase of subdivision (or re-subdivision) of a specific parcel of land shall be considered cumulative, whether owned by same or different landowner(s) now or in future. Lot totals of each phase of subdivisions (or re-subdivisions) of a specific parcel or parcels shall be added to subsequent surveys (that were approved after Feb. 2007) to determine total lot numbers of a subdivision for the purpose of this exception and the total number of lots (sum of existing lots and proposed lots) shall be declared and listed on the proposed survey map. O/D/S (owner, developer, subdivider) is further required to list all reference maps with filed location which are dated after Feb and include subdivisions or re-subdivisions of the original and all subsequent parcel(s) of the subject lands contained in the proposed survey map Separated large notes in bold all caps print, sized 16 point or larger, and as approved by Parish Engineer (samples shown below) shall be placed on the survey map stating the following: NOTICE LOTS CREATED IN THIS SURVEY SHALL BE IN COMPLIANCE WITH IBERVILLE PARISH COUNCIL S COMMUNITY SEWER ORDINANCE # ANY/ALL LANDOWNER(S) OF PARCEL(S) SHOWN/CREATED IN THIS SURVEY MAY BE SUBJECT TO BEING REQUIRED TO INSTALL AN APPROVED METHOD OF COMMUNITY SEWERAGE AT THIS TIME OR FUTURE IF/WHEN THE ORIGINAL PARCEL SHOWN IN THIS SURVEY IS SUBDIVIDED INTO MORE THAN THE MAXIMUM NUMBER OF LOTS ALLOWED BY THE UNIFIED DEVELOPMENT CODE. REFERENCE MAP(S)SHOWING TOTAL LOT COUNTS THE FOLLOWING REFERENCE MAP(S) SHOW THE TOTAL NUMBER OF LOTS WHICH HAVE BEEN CREATED FROM THE ORIGINAL PARCEL NAMED LOT 1 OF TRACT X,AND DATED MONTH, DAY, YEAR, LOCATED: C.B. AND ENTRY. FOLLOWING APPROVAL OF THIS MAP, #_ LOTS HAVE BEEN CREATED FROM THE ABOVE

7 NAMED PARCEL SINCE MONTH, DATE, YEAR. (SURVEYOR TO LIST ANY AND ALL SUBSEQUENT MAPS HERE) If any proposed lot is not adjacent to an existing public roadway or does not have a minimum of eighty (80 ) continuous lineal feet adjacent to an existing public road frontage, all lots proposed that are not adjacent to an existing pubic road shall have a minimum of twenty-five (25 ) feet private family road servitude of access (as specified in Chapter 6 herein), a separate minimum fifteen (15 ) feet wide all purpose utility servitude for purposes of public and/or private utilities, and adequate drainage provisions with servitudes (as specified in Chapter 8 herein) All roads used to access created lots shall be constructed in accordance with these regulations, whether public or private. All proposed roads shown on the approved survey map for this family re-subdivision shall be constructed complete and be approved by the Parish prior to sale/transfer of any and all lots adjacent to a private family road. Upon completion of the family road construction, O/D/S shall submit an as-built final plat map signed by a Louisiana licensed surveyor and a large in bold all caps print, sized 16 point or larger, and as approved by Parish Engineer (sample shown below) shall be placed on the final plat stating the following: BUYER BEWARE THE STREETS, ROADS, SERVITUDES, AND RIGHTS OF WAY IN THIS SUBDIVSION ARE CONSIDERED PRIVATE AND WILL NOT BE MAINTAINED BY THE IBERVILLE PARISH COUNCIL OR ANY OTHER PUBLIC BODY The O/D/S that constructs a private family road shall be required to obtain a signed affidavit from all buyers located on the existing private road acknowledging it is a private road and not maintained by the Parish and that it is the intent of both the buyer and the seller for buyer to convey and/or occupy the lot exclusively for his or her residential purposes. A copy of the signed affidavit must be sent to the Parish prior to sale/transfer of any and all lots. NOW, THEREFORE BE IT ORDAINED BY THE IBERVILLE PARISH COUNCIL that the Iberville Unified Development Code be amended to the above Sections through to allow for the subdivision of property for transfer to family members. WHEREUPON, the foregoing ordinance which was previously introduced at a meeting of the Iberville Parish Council on January 17, 2012 and a summary thereof having been published in the official journal on February 9, 2012, the public hearing on this ordinance was held on the 14 th day of February, 2012 at 6:00 P.M. was brought up for final passage and duly adopted by the following vote on roll call;

8 The ordinance was declared adopted by the Chairman on 14 th day of February, RESOLUTION COMMITTEE REPORT The Resolution Committee met on Tuesday, February 14, 2012 at 6:10 p.m. followed by the roll call with the following Resolution Committee Members only in attendance: Reeves, Vallet, Oubre, Kelley, Markins, Jackson. Absent: Butler, Morgan. The following resolutions were read aloud by Mr. Songy: A) Resolution to support preparation and submittal of an application for funding through the Division of Administration Community Water Enrichment Fund Councilman Jackson made a recommendation to forward the resolution to the regular meeting, seconded by Councilman Oubre. The recommendation having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call by Resolution Committee Members only: YEAS: Reeves, Vallet, Oubre, Kelley, Markins. ABSENT: Butler, Morgan. The recommendation was declared adopted by the Chairman to forward this item to the regular meeting. During the Regular Meeting: RESOLUTION IPC# RESOLUTION TO SUPPORT PREPARATION AND SUBMITTAL OF AN APPLICATION FOR FUNDING THROUGH THE DIVISION OF ADMINISTRATION COMMUNITY WATER ENRICHMENT FUND WHEREAS, the Office of Community Development is accepting applications for funding for the Community Water Enrichment Fund; and WHEREAS, one of the requirements for submission of an application for funding under this program requires a resolution of support from the municipal governing body; and WHEREAS, the Parish desires to submit an application for the benefit of the citizens of Iberville Parish;

9 NOW, THERFORE, BE IT RESOLVED that the Iberville Parish Council acting as the governing authority of said Parish does hereby support the preparation and submittal of an application for funding through the Office of Community Development for a grant of $110,000. Upon a motion by Councilman Taylor and seconded by Councilman Scott to adopt the foregoing resolution, having been duly submitted to a vote the resolution was duly adopted by the following yea and nay votes on roll call: The resolution was declared adopted by the Chairman on the 14th day of February, B) Resolution directed to Iberville Parish Waterworks District Number 2 to enter into a local services agreement with Iberville Parish Council Utility Department to manage the daily affairs and provide services for waterworks district number 2 Councilman Jackson made a recommendation to forward the resolution to the regular meeting, seconded by Councilman Oubre. The recommendation having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call by Resolution Committee Members only: YEAS: Reeves, Vallet, Oubre, Kelley, Markins. ABSENT: Butler, Morgan. The recommendation was declared adopted by the Chairman to forward this item to the regular meeting. During the Regular Meeting: RESOLUTION IPC# RESOLUTION DIRECTED TO IBERVILLE PARISH WATERWORKS DISTRICT NUMBER 2 TO ENTER INTO A LOCAL SERVICES AGREEMENT WITH IBERVILLE PARISH COUNCIL UTILITY DEPARTMENT TO MANAGE THE DAILY AFFAIRS AND PROVIDE SERVICES FOR WATERWORKS DISTRICT NUMBER 2 WHEREAS, the former Iberville Parish Police Jury created Iberville Parish Waterworks District No.2 on January 14, WHEREAS, the Iberville Parish Council and Iberville Parish Waterworks District No. 2 are public bodies and pursuant to the provisions of Louisiana Constitution of 1974 Article VI,

10 Section 20; Iberville Parish Home Rule Charter Section 1-06; and La. R.S. 33:1321 through 1337, they do have the specific power and authority to make an agreement to provide for the joint use of facilities, personnel or property or any combination thereof necessary to accomplish the purpose of such agreement, which may include the operation and maintenance of water systems. WHEREAS, the provisions of La. R.S. 33:3811 grant a Parish Governing Authority the power to create and abolish water districts within its geographical boundaries, and said governing authority has the authority to exercise general control over any waterworks district created by the governing authority. WHEREAS, Louisiana Constitution of 1974 Article VI, Section 15 and Section 7-09(A) of the Iberville Parish Home Rule Charter provide that the Parish Council shall have general power over any agency heretofore created by it, including without limitation, the power to abolish the agency. WHEREAS, La. R.S. 33:1415 provides that in any case where the governing authority of any parish shall have created any board, agency, district of any entity whatsoever, having governmental functions, power or authority, such governing authority is authorized to provide appropriate budgetary and fiscal controls over said agency, board of entity, including but not limited to approval of operating budgets with the right to veto or reduce line-items, and such other budgetary and fiscal controls as are necessary and proper to ensure the maximum feasible coordination of government on the local level. WHEREAS, La. R.S. 39:471.1 provides that in any parish which operates under a home rule charter which provides for the governing authority of any waterworks district, such charter provisions relating to the organization and structure of parish governance shall supersede the provisions of La. R.S. 39:471 relative to waterworks districts. WHEREAS, the utilization of a joint service agreement/cooperative endeavor agreement between the Iberville Parish Council Utility Department and Iberville Parish Waterworks District No. 2 will provide greater economy and efficiency in providing quality water supply and service to meet the needs of the residents of Iberville Parish Waterworks District No. 2. WHEREAS, Iberville Parish Waterworks District No. 2 currently has a wholesale water supply contract and an operation and maintenance agreement with Baton Rouge Water Works which will not be affected by the cooperative endeavor/joint service agreement between the Iberville Parish Council and Iberville Parish Waterworks District No. 2. NOW, THEREFORE, BE IT RESOLVED by the Iberville Parish Council that in its exercise of its general supervisory authority over Iberville Parish Waterworks District No. 2, the Iberville Parish Council directs that the Board of Commissioners of Waterworks District No. 2 negotiate an intergovernmental agreement/joint service agreement with the Iberville Parish Council Utility Department for the management of the daily affairs and operations of the District s operations to provide maximum feasible coordination of the water service and to provide the most economical and efficient service to the residents serviced by Waterworks District No. 2.

11 BE IT FURHER RESOLVED that J. Mitchell Ourso, Jr., Parish President be and is hereby authorized to sign the cooperative endeavor agreement/joint service agreement between the Iberville Parish Council Utility Department and Waterworks District No. 2 of Iberville Parish. BE IT FURTHER ORDAINED that the Council Clerk forward a certified copy of this resolution to the Board of Commissioners for Iberville Parish Waterworks District No. 2, P.O. Box 71, St. Gabriel, LA Upon a motion by Councilman Taylor and seconded by Councilman Scott to adopt the foregoing resolution, having been duly submitted to a vote the resolution was duly adopted by the following yea and nay votes on roll call: The resolution was declared adopted by the Chairman on the 14th day of February, BOARDS & COMMISSIONS REPORT The Boards and Commissions Committee met on Tuesday, February 14, 2012 at 6:20 p.m. followed by the roll call with the following Committee Members only in attendance: Vallet, Jackson, Markins, Butler, Reeves, Oubre. Absent: Butler. A quorum was present. A) Appointment to Waterworks District No. 3- Mr. Larry Vaughn B) Appointment to Waterworks District No. 3- Mr. Dana Guilbeau C) Appointment to Waterworks District No. 2- Mr. Alphonse Williams, Jr. Upon a recommendation by Councilman Scott, and seconded by Councilman Vallet, it was recommended to forward the appointments of Mr. Larry Vaughn and Mr. Dana Guilbeau to Waterworks District No. 3; and the appointment of Mr. Alphonse Williams, Jr. to Waterworks District No. 2 to the regular meeting. The recommendation having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call by Resolution Committee Members only: YEAS: Vallet, Jackson, Markins, Reeves, Oubre. ABSENT: Butler.

12 The recommendation was declared adopted by the Chairman. During the Regular Meeting: Upon a motion by Councilman Ourso, and seconded by Councilman Taylor, it was moved to approve the appointments of Mr. Larry Vaughn and Mr. Dana Guilbeau to Waterworks District No. 3; and the appointment of Mr. Alphonse Williams, Jr. to Waterworks District No. 2. The motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call: The motion was declared adopted by the Chairman on February 14, ADJOURNMENT There being no further business, it was moved by Councilman Taylor, and seconded by Councilman Oubre to adjourn at 7:00 p.m. The motion was unanimously adopted. /s/ KIRSHA D. BARKER COUNCIL CLERK /s/ MATTHEW H. JEWELL COUNCIL CHAIRMAN