Livingston, Louisiana August 25, 2011 The Livingston Parish Council met in regular session duly called, advertised and convened at its regular meeting place, the Parish Council Chambers, on Thursday, August 25, 2011, at the hour of 6:00 o clock p.m. with the following members present: Marshall Harris Jimmie McCoy A. Buddy Mincey Ronald Sharp Eddie Wagner Cindy Wale Thomas Watson, Vice Chair Don Wheat Randall L. Rushing, Chairman Also present: Mike Grimmer, Parish President Blayne Honeycutt, Parish legal advisor The chair called the meeting to order. The chair opened the public hearing on proposed Livingston Parish Ordinance No. 11-27, Adjudicated Property 17031 JB Averett Road, Livingston, and directed the Council Clerk to read the proposed ordinance by title. No comment being offered by any member of the public or the Council, the chair closed the public hearing and called for a motion. LPR NO. 11-268 The following ordinance which was previously introduced in written form required for adoption at a regular meeting of the Livingston Parish Council on Thursday, July 28, 2011, a summary thereof having been published in the Official Journal together with a notice of public hearing which was held in accordance with said public notice, was brought up for final passage August 25, 2011, on Motion of Don Wheat and seconded by A. Buddy Mincey: LPO 11-27 AN ORDINANCE DECLARING ADJUDICATED PROPERTY 17031 JB AVERETT ROAD, LIVINGSTON, SURPLUS AND AUTHORIZING THE SALE OF SAID PROPERTY AS MORE FULLY DESCRIBED HEREIN. SHARP, MR. WAGNER, MRS. WALE,, MR. WHEAT And the ordinance was declared adopted on this the 25th day of August 2011. (The above and foregoing ordinance, upon final approval by the President, or the Council in case of veto by the President, shall be published in full in the Official Journal by the Clerk of the Council within fifteen (15) days of its adoption and shall be recorded in full in the Livingston Parish Council Ordinance Book No. 3). PUBLIC INPUT The chair announced that Public Input would be accepted from any member of the audience wishing to address an agenda item. The chair directed anyone wishing to speak on an agenda item to stand and wait to be recognized when that agenda item is opened for discussion. Agenda item 7. Public speakers: Barbara Smith; Gerald Coleman; Chance Parent; Lana Averette; James Camp; Ricky Goff; Eddie Aydell; Pat Varley; Henry Harris. The chair recognized Taryn Creekbaum to present her statements on public input and citizen involvement. LPR NO. 11-269 MOTION was offered by Cindy Wale and duly seconded by A. Buddy Mincey to amend LP Resolution No. 11-244 adopted July 28, 2011, to reflect that the Road Program should be called the 2011 Capital Outlay Road Improvement Program based on the cost estimate of 2010 roads and Parish Transportation Act.
SHARP, MR. WAGNER, MRS. WALE,, MR. WHEAT LPR NO. 11-270 MOTION was offered by Cindy Wale and duly seconded by A. Buddy Mincey to dispense with the reading of the minutes of the regular meeting of the Livingston Parish Council dated July 28, 2011, and adopt as written and amended in regard to LP Resolution 11-244 to call the current Capital Outlay Road Improvement Program the 2011 Road Program rather than the 2010 Road Program. SHARP, MR. WAGNER, MRS. WALE,, MR. WHEAT LPR NO. 11-271 MOTION was offered by Thomas Watson and duly seconded by Eddie Wagner to dispense with the reading of the minutes of the special meeting of the Livingston Parish Council dated August 9, 2011, and adopt as written. SHARP, MR. WAGNER, MRS. WALE,, MR. WHEAT LPR NO. 11-272 MOTION was offered by Thomas Watson and duly seconded by Eddie Wagner to dispense with the reading of the minutes of the regular meeting of the Livingston Parish Council dated August 11, 2011, and adopt as written. SHARP, MR. WAGNER, MRS. WALE,, MR. WHEAT Agenda item 11. Public speakers: Al Coburn; Scott Jones. The chair recognized Abby Crosby to address her agenda item regarding the Petition for Damages of Scott Jones vs. Parish of Livingston, et. al., No. 130481 Div. B. Ms. Crosby asked numerous questions regarding adjudicated property, sale procedures and use of the proceeds. The chair recognized Taryn Creekbaum to address the definition of Mobile Home Park. Ms. Creekbaum discussed alleged inaccuracies contained in the adopted minutes of June 23, 2011. The chair directed the Council Clerk to review the minutes with the Parish legal advisor and determine whether a public hearing on proposed LP Ordinance 11-12 is in order. A meeting of the Code Review Committee of the Council was scheduled for Tuesday, August 30, at 5 p.m. Agenda item 13. Public speakers: Robert Smiley; Gene Baker, Neighbors in Action. The chair recognized Gerald Burns to address the Juban Road Extension Project. Mr. Burns cited the project benefits and asked the Council to help find funding for the project right of way work. -
Agenda item 14. Public speakers: Corey Delahoussaye, C-Del Inc.; Alice Dowty, Livingston Parish News; Gene Baker, Gravity Drainage District 2; Parish President Mike Grimmer; Parish legal advisor Blayne Honeycutt; Trey Wharton, CK Associates; Eddie Aydell, Alvin Fairburn & Associates LLC; Bridgette Rushing; Henry Harris. The chair recognized Jimmie McCoy to address the C-Del Contract. Councilman McCoy offered a motion to terminate the contract with C-Del Inc. effective 30 days from today and suspend all work performed by C-Del Inc. effective immediately. Councilman Don Wheat offered a second. Councilwoman Cindy Wale offered a substitute motion to let the Livingston Parish Council C- Del Inc. Contract Amendment Committee continue its work and look to amend the contract to get some of the things everybody wants. Councilman A. Buddy Mincey offered a second. LPR NO. 11-273 MOTION was offered by Cindy Wale and duly seconded by A. Buddy Mincey to let the Livingston Parish Council C-Del Inc. Contract Amendment Committee continue its work to look to amend the contract to get some of the things everybody wants and go back with the specified changes and if the Council requests additional amendments those will be made and brought to the full Council. ABSTAIN: MR. HARRIS, MR. MINCEY, MRS. WALE, MR. McCOY, MR. RUSHING, MR. SHARP, MR. WAGNER, MR. WHEAT Thereupon the chair declared that the Motion DEFEATED by majority vote. LPR NO. 11-274 MOTION was offered by Jimmie McCoy and duly seconded by Don Wheat to terminate the contract between the Livingston Parish Council, owner, and C-Del Inc., contractor, dated October 27, 2009, effective 30 days from today, August 25, 2011, and to suspend any and all work performed by C-Del Inc. effective immediately. ABSTAIN: MR. McCOY, MR. RUSHING, MR. SHARP, MR. WAGNER, MR. WHEAT MR. HARRIS, MR. MINCEY, MRS. WALE, Thereupon the chair declared that the Motion had carried and was adopted this 25 th day of August 2011. The chair addressed agenda item 15, Sidewalk Project. Parish President Mike Grimmer addressed the project being performed by the Parish Public Works Department. Councilman Jimmie McCoy left the Chambers and was absent for the following three votes: Councilman Ronald Sharp left the Chambers and was absent for the following one vote: Councilman Thomas Watson left the Chambers and did not return prior to adjournment. Councilman Don Wheat left the Chambers and was absent for the following one vote and reentered the Chambers after the call for voice vote on the second motion following from which he abstained. The chair recognized the Parish President to advise the Council as to the financial condition and future needs of the Parish government and to make recommendations to the Council concerning the affairs of the Parish government as directed in Section 3-09 of the Home Rule Charter of Livingston Parish. Parish President Mike Grimmer presented the following report:
The following ordinance was introduced in proper written form and read by title, to wit: LPO 11-28 AN ORDINANCE AUTHORIZING THE LIVINGSTON PARISH COUNCIL TO DECLARE CERTAIN ADJUDICATED PROPERTY SURPLUS AND TO AUTHORIZE THE SALE OF SAID PROPERTY TO MICHAEL S. BIHM, HIS AGENT OR ASSIGNS FOR THE MINIMUM PRICE OF $ 8,666.67 BEING TWO-THIRDS (2/3RDS) OF THE APPRAISAL VALUE OR TO ANY PARTY BIDDING A HIGHER PRICE AT PUBLIC SALE TO BE HELD ON SEPTEMBER 19, 2011, AS PROVIDED IN THE PUBLIC NOTICE DATED AUGUST 18, 2011 AND WHICH PROPERTY IS DESCRIBED AS FOLLOWS: LPR NO. 11-275 MOTION was offered by Ronald Sharp and duly seconded by Eddie Wagner to publish the ordinance by title in the Official Journal in accordance with the legal mandates and set a Public Hearing for Thursday, September 22, 2011, at the hour of six o'clock (6:00) p.m. at the Parish Council Chambers in the Governmental Building located at 20355 Government Boulevard, Livingston, Louisiana, at which time comments will be received on the proposed ordinance prior to a Council vote. MR. HARRIS, MR. MINCEY, MR. RUSHING, MR. WAGNER, MRS. WALE MR. McCOY, MR. SHARP,, MR. WHEAT (As per rules of the Council, copies of the proposed ordinance shall be available for public inspection in the office of the Livingston Parish Council) LPR NO. 11-276 The following resolution was offered by A. Buddy Mincey and duly seconded by Cindy Wale: LP RESOLUTION NO. 11-276 WHEREAS, the Parish of Livingston seeks to support and assist parish agencies and parish organizations whenever possible and feasible; and WHEREAS, the Parish will have LGAP State grant funding from the State available to it during the 2011-2012 program year and the Livingston Parish Public Works Department is in need of a tractor with attachments to keep up with rapid parish growth; THEN, THEREFORE BE IT RESOLVED, that the Livingston Parish Council hereby supports and endorses the use of the State LGAP funds in the amount of $30,000 to help with the purchase of a tractor with attachments for the Public Works Department and provides grant preparation support for this effort. MR. HARRIS, MR. MINCEY, MR. RUSHING, MR. SHARP, MR. WAGNER, MRS. WALE ABSTAIN: MR. WHEAT MR. McCOY, LPR NO. 11-277 The following resolution was offered by Eddie Wagner and duly seconded by Don Wheat: LP RESOLUTION NO. 11-277 WHEREAS, the Parish of Livingston seeks to support and assist parish agencies and parish nonprofit organizations whenever possible and feasible; and
WHEREAS, the Parish will have LGAP State grant funding from the State available to it during the 2011-2012 program year and the Hungarian Settlement non-profit museum Board has requested assistance through use of these funds; and WHEREAS, the Hungarian Settlement Museum is badly in need of funding to help renovate the old school building that will become its museum; THEN, THEREFORE BE IT RESOLVED, that the Livingston Parish Council hereby supports and endorses the use of the State LGAP funds in the amount of $15,000 to help with interior and exterior renovations to the Hungarian Museum for the Hungarian Settlement Historical Society and provides grant preparation support for this effort. MR. HARRIS, MR. MINCEY, MR. RUSHING, MR. SHARP, MR. WAGNER, MRS. WALE, MR. WHEAT MR. McCOY, LPR NO. 11-278 MOTION was offered by Cindy Wale and duly seconded by Don Wheat to declare an emergency and move to lift the Agenda in accordance with Section 2-2.1 of the Code of Ordinances in and for the Parish of Livingston for the purpose of addressing the Writ of Mandamus filed on behalf of Alvin Fairburn & Associates LLC and McLin and Associates Inc. against Mike Grimmer, individually and as Livingston Parish President. LPR NO. 11-279 MOTION was offered by Don Wheat and duly seconded by Cindy Wale to authorize Parish President Mike Grimmer to hire special legal counsel Harry J. Skip Philips Jr. of Taylor Porter Attorneys at Law to represent him in 21 st Judicial District Court in the matter of the Petition for Writ of Mandamus and Rule to Show Cause filed on behalf of Alvin Fairburn & Associates LLC and McLin & Associates Inc. against Mike Grimmer, individually and as Livingston Parish President, Docket No. 134,242 D and, in accordance with Section 4-02(B) of the Home Rule Charter to obtain a written contract for such representation and authorize compensation in the amount of $5,000. LPR NO. 11-280 MOTION was offered by Don Wheat and duly seconded by Cindy Wale to return to the regular order of business.
The chair briefly addressed the procedure required by Administration for obtaining requested public records. Parish President Mike Grimmer said he would send a written procedure to the Council Office. LPR NO. 11-281 MOTION was offered by Cindy Wale and duly seconded by Don Wheat to accept the recommendation of the Livingston Parish Council Planning Commission and approve the re-sub of Lot 1138 Country Park Homes LLC, located in Section 41, T6S-R3E. LPR NO. 11-282 MOTION was offered by Eddie Wagner and duly seconded by Jimmie McCoy to amend LP Resolution No. 11-215 adopted July 14, 2011, approving the holding of an election in Fire Protection District No. 11 on Saturday, October 22, 2011, to change the word renewal to continuation throughout the resolution. Agenda item 19. Public speakers: Taryn Creekbaum, Darryl Edgens, Earl Hicks, Joey Stevenson LPR NO. 11-283 MOTION was offered by Don Wheat and duly seconded by Eddie Wagner to grant a waiver in accordance with sections 13-45 and 13-66 of the Code of Ordinances of Livingston Parish to David W. Childers to allow the placement of a third mobile home on a 2.32 acre tract of land bearing municipal address 24574 Ray Blount Lane for the occupancy of his son. MR. HARRIS, MR. McCOY, MR. MINCEY, MR. RUSHING, MR. SHARP, MR. WAGNER, MR. WHEAT MRS. WALE Parish legal advisor Blayne Honeycutt presented his legal findings regarding the agenda posting requirements under the District Attorney report. 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 Thursday, September 8, 2011, at the hour of 6:00 o clock p.m. at Livingston, Louisiana. Mary E. Kistler, Council Clerk Randall L. Rushing, Council Chairman