PUBLIC NOTICES 3/4/2010

Staff reports

SECTION        Arbitrage. The Issuer covenants and agrees that, to the extent permit_ted by the laws of the State of Louisiana, it will comply with the requirements of the Inter_nal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code.  The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond_ proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".

The Executive Officers are hereby empow_ered, autho_rized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.

SECTION        Bonds are "Bank Qualified".   The Bonds are designated _as "qualified tax_exe_mpt obliga_tions" within the meaning of Section 265(b)(3) of the Code.  In making this designation, the Issuer finds and determines that:

(a)  the Bonds are not private activity bonds within the meaning of the Code; and

(b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2009 does not exceed $30,000,000.

.    

SECTION        Publication.  A copy of this Bond Ordinance shall be published immediately after its adoption in one issue of the official journal of the Issuer._

SECTION        Recordation.  A certified copy of this Bond Ordinance shall be filed and recorded as soon as possible in the Mortgage Records of the Parish of Iberville, State of Louisiana.

                        SECTION        Disclosure Under SEC Rule 15c2-12.  The Executive Officers are hereby authorized and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix H to the Official Statement issued in connection with the sale and issuance of the Bonds) pursuant to S.E.C. Rule 15c2-12(b)(5).

                        SECTION        Section Headings.  The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.

SECTION        Severability.  In case any one or more of the provisions of this Bond Ordinance or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Bond Ordinance or of the Bonds, but this Bond Ordinance and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein.  Any constitutional or statutory provision enacted after the date of this Bond Ordinance which validates or makes legal any provision of this Bond Ordinance and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Bond Ordinance and to the Bonds.

SECTION        Effective Date.  This Ordinance shall become effective immediately.

The foregoing ordinance having been submitted to a vote was adopted in regular session, the 3rd day of March, 2009 by the following yea and nay vote on roll call:

YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell

NAYS: Oubre.

ABSENT: Jackson, Butler, Bradford, Roy.

Upon a motion by Councilman Scott and seconded by Councilman Reeves, it was moved to adjourn at 6:20 p.m.  The motion was unanimously approved. 

I, Kirsha D. Barker, was duly appointed as the Iberville Parish Council Clerk effective September 8, 2009, and have prepared the above minutes of the Iberville Parish Council meeting held on the 3rd day of March, 2009 from a disc recording of the meeting.

    _____/s/________                                                                       ______/s/_________

     Kirsha D. Barker                                                                         Eugene P. Stevens, Jr.

     COUNCIL CLERK                                                                    COUNCIL CHAIRMAN

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IBERVILLE PARISH COUNCIL MINUTES

PUBLIC HEARING, TUESDAY, JANUARY 19, 2010

PROPOSED ORDINANCE

The Parish Council of Iberville Parish, State of Louisiana, held a Public Hearing in the Council Meeting Room, 58050 Meriam Street, Plaquemine, Louisiana, on the 19th day of January, 2010 at 6:00 P.M. pursuant to a Notice of Public Hearing posted on the 12th day of January, 2010.

Council Chairman, Eugene P. Stevens, Jr. called the hearing to order.

The Council Chairman introduced the following ordinance:

ORDINANCE 1         ORDINANCE TO AUTHORIZE THE PURCHASE OF LAND/BUILDING TO SERVE AS FIXED ASSESTS FACILITY FOR IBERVILLE PARISH COUNCIL AND TO AMEND 2010 CAPITAL IMPROVEMENT BUDGET TO FUND PURCHASE OF LAND/ BUILDING

Mr. Edward Songy read the ordinance in entirety.

The floor was opened to comments and questions. 

There being no further business to be conducted, the hearing was adjourned at 6:10 p.m.

__________________                                                            ____________________

/s/ Kirsha D. Barker                                                                    /s/ Eugene P. Stevens     

   COUNCIL CLERK                                                             COUNCIL CHAIRMAN

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 IBERVILLE PARISH COUNCIL MINUTES

REGULAR MEETING, TUESDAY, JANUARY 19, 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 19th day of January 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; Howard Oubre, Jr., District 7; Eugene P. Stevens, Jr., District 8; Terry J. Bradford, District 9; Louis R. Kelley, Jr., District 10; Timothy J. Vallet, District 11; Matthew H. Jewell, District 12.

Absent: Leonard Jackson, Sr., District 4; Salaris G. Butler, Sr., District 6; Wayne M. Roy, District 13.

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.

ELECTION OF COUNCIL CHAIRMAN

Mr. Stassi called for the nomination of the Council Chairman.

Upon a motion by Councilman Oubre and seconded by Councilman Scott, it was moved to nominate Mr. Eugene Stevens as Council Chairman.  The motion having been duly submitted to a vote, was duly adopted by acclimation. 

Councilman Stevens was elected Council Chairman for 2010.

ELECTION OF COUNCIL VICE CHAIRMAN

Chairman Stevens opened the floor for the nomination of Vice Chairman of the Council.

Upon a motion by Councilman Scott and seconded by Councilman Kelley, it was moved to nominate Mr. Warren Taylor as Council Vice Chairman.  The motion having been duly submitted to a vote, was duly adopted by acclimation. 

Councilman Taylor was elected Council Vice Chairman for 2010.

Chairman Stevens acknowledged Mrs. Kirsha D. Barker as the Council Clerk for 2010.

Vice Chairman Taylor announced that the retirement party for Ms. Betty Barber would be February 12, 2010 at 3:30 p.m. in the Council on Aging Building.

Council Chairman Stevens called for anyone wanting to make public comments to register with the Clerk.

PRESENTATIONS AND APPEARANCES

Mr. Miles Brashier from the LSU Agricultural Center presented his staff to the Council.  He introduced his newest member, Ms. Kellee Lassiter who then introduced herself and two 4-H Leaders from White Castle High School which were Mendrick Solitte and Kerry Jones.  Miss Kerry Jones is also the Student of the Year for White Castle High School. 

APPROVAL OF MINUTES

Upon a motion by Councilman Reeves, and seconded by Councilman Taylor, it was moved to wave the reading of the minutes of December 15, 2009, February 17, 2009, March 17, 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, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

The motion was declared adopted by the Chairman.

PRESIDENT’S REPORT

 President Ourso reported on the following:

C⸀                     North Iberville Community Center- President Ourso reported that last week, the geo-technical contractor was sent to the Parish’s property in North Iberville to take soil borings for the construction of the new community center.  The parish has been waiting for the sugar cane to be removed from this site before sending anyone in to commence with needed borings in order to proceed.  The contractor was told by the person who leases the land, Mr. Glynn Rivet to get off the property.  Since this occurred, Mr. Rivet has filed a Petition for Permanent Injunction and Rule for Preliminary Injunction against the Parish.  The Parish, as owner and leaser to Mr. Rivet has filed a Notice to Vacate/Termination of Lease with the Court, and has been granted a temporary restraining order, so we are free to enter our property.  The geo-technical contractor will be sent back in to take the necessary soil borings, and the land surveyor will be sent in as well.

D⸀                     Security in the Courthouse- There are no security measures in the Courthouse currently and measures need to be taken to change this.  The Courthouse is open to the public and there needs to be a safe environment for the public, officials, and employees.  The President has spoken to the Warden of Angola and hopes to have a security report by the next meeting to present to the Council for recommendations.

E⸀                      Tourism Center in Grosse Tete- The Tourism Center is now in its final interview period and hopes to open by March.

F⸀                      Enterprise Blvd Extension-   Mr. Randall Dunn reported there was one million dollars ($1,000,000.00) provided by the State that hadn’t been used yet and could potentially be used to help pay for the extension project.  The plans will be reviewed by the State and if it meets their approval the plan will go out to public bid. 

G⸀                     Loop- There will be a meeting on January 20, 2010 at the Civic Center for public opinion on the proposed loop.  The Baton Rouge paper asked the President for his New Year’s Resolution and he stated it was to have a relationship with the four other Parish Presidents to help give Iberville Parish a shot at getting the loop.  He stated that he recently read the Morning Advocate and discovered an article that reported a meeting on January 15, 2010 will take place to discuss the proposed bridge and intercession with West Baton Rouge’s leader and residents. 

H⸀                     Announcement to the Public- President Ourso faced the camera to address the public and read a prepared statement about the importance of the hospital.  He discussed its importance within the Parish and the importance of the resolution to create one hospital district.  He also wanted to make it clear that no taxes were to come from this change.

CHAMBER OF COMMERCE REPORT

Mr. Hank Grace wanted to thank the Council for their continued support.  He briefly went over the Chamber of Commerce’s goals for the year.  The Chamber hopes to encourage economic development by hiring site consultants whose job is to understand the area and to help with marketing and promotional projects for the Industrial Area.  The Chamber also stated they are in full support of the hospital. 

FINANCIAL REPORT

Mr. Randall Dunn acknowledged the mail out of the financial report and inquired of any questions or comments.  Councilman Reeves asked if the budget was on track for 2010 and Mr. Dunn stated that although January was the lowest month there should be a better understanding of where we stand by March or April.  

OLD BUSINESS

The foregoing ordinance which was previously introduced at a regular meeting of the Parish Council on December 15, 2009, and a summary thereof having been published in the official journal, the public hearing on this ordinance held on the 19th day of January, 2010 at 6:00 p.m., in the Council Meeting Room, 2nd floor Courthouse Building, 58050 Meriam Street, Plaquemine, Louisiana, was brought to final passage:

ORDINANCE NUMBER 001-10

AN ORDINANCE TO AUTHORIZE THE PURCHASE OF LAND/BUILDING TO SERVE AS FIXED ASSESTS FACILITY FOR IBERVILLE PARISH COUNCIL AND TO AMEND 2010 CAPITAL IMPROVEMENT BUDGET TO FUND PURCHASE OF LAND/BUILDING

The following ordinance was introduced by Councilman Taylor and seconded by Councilman Reeves.

     WHEREAS, the Iberville Parish Council appropriated the sum of $350,000.00 in its 2009 Capital Improvement Budget for acquisition of a fixed asset/storage and surplus property storage facility located on Belleview Road in Plaquemine, Louisiana.

     WHEREAS, a market value appraisal was performed on the property/building currently leased for the fixed assets/storage/surplus property located at 58960 Belleview Road, Plaquemine, Louisiana by a certified Louisiana Commercial Real Estate appraiser. The fair market value of the land/buildings/improvements was determined to be $432,000.00.

     WHEREAS, the owner of the site has proposed to sell fee title to the land and improvements to the Iberville Parish Council for the sum of $400,000.00.

     WHEREAS, the 2010 capital improvement budget should be amended by the sum of $50,000.00 to authorize the purchase of the land and improvements, and the Parish President has certified that the additional funds are available for the purchase of the land and improvements.

     NOW, THEREFORE, BE IT ORDAINED by the Iberville Parish Council as follows:

     “That J. Mitchell Ourso, Jr., Parish President” be and is hereby authorized to sign all documentation necessary for the acquisition of the land and improvements to serve as the fixed assets facility for the Iberville Parish Council.

     That the 2010 capital improvement budget be amended in the sum of $50,000.00 to supplement the $350,000.00 appropriated in the 2009 budget for the acquisition of said property.”

     The above ordinance was introduced on December 15, 2009 and scheduled for public hearing on January 19, 2010.

     The above ordinance was duly adopted in regular session this 19th day of January, 2010 by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Reeves, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

The ordinance was declared adopted by the Chairman on January 19, 2010.

RESOLUTION COMMITTEE REPORT

The Resolution Committee met on Tuesday, January 19, 2010 at 6:20 p.m. and recommended the adoption of the following resolutions:

RESOLUTION IPC# 2010-001

A RESOLUTION TO CONGRESSIONAL DELEGATION TO SEEK ASSISTANCE AND FUNDING TO ADDRESS SERIOUS FLOODING IN IBERVILLE PARISH

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

     WHEREAS, there was torrential rainfall in December 2009 exceeding twelve inches within the “Upper Terrebonne Basin”, the area of land draining between the East Atchafalaya Basin Guide Levee and the West Mississippi River Guide Levee with headwaters originating in Pointe Coupee Parish including the Portage Canals,  Bayou Fordoche, the False River Overflow Canal thence combining with the waters of Bayou Grosse Tete,  and headwaters draining from the West Atchafalaya Borrow Pit Canal thence combining with waters of Bayou Maringouin,  and headwaters draining from Bayou Cholpe, Bayou Tommy, Bayou Chalpin, and headwaters originating in West Baton Rouge Parish from Bayou Poydras, Stumpy Bayou, Grand Bayou, thence combining with the waters of Choctaw Bayou, and thence into the Gulf Intracoastal Waterway draining south into Iberville Parish combining with waters of Bayou Plaquemine and the Upper Grand River, and thence combined headwaters all draining into the receiving waters of Grand River through Iberville Parish and the communities of Bayou Sorrel and Bayou Pigeon into waters of the “Lower Terrebonne Basin”. 

     WHEREAS, the communities of Bayou Plaquemine, Bayou Sorrell and Bayou Pigeon experienced severe flooding due to the high water levels from excess rainfall during December 2009.

         WHEREAS, the most current watershed reports developed by the Louisiana Department of Environmental Quality under the Louisiana State Water Quality Management Plan in accordance with the U.S. Environmental Protection Agency for the Upper Terrebonne Basin indicate there is excessive siltation in the lower reaches of Bayou Grosse Tete, the lower reaches of Bayou Plaquemine, the Gulf Intracoastal Waterway, and in Lower Grand River within Iberville Parish can limit the overall drainage capacity, contribute to higher floodwater stages, and cause water quality problems.

     WHEREAS, the “Atchafalaya East Watershed Initiative” has formed a tri-parish cooperative agreement between Iberville, Pointe Coupee, and West Baton Rouge Parish in 2006 to work together to manage water resource problems in the Upper Terrebonne Basin on a regional scale.

     WHEREAS, the Final Report from the tri-parish “Atchafalaya East Watershed Initiative – Phase 2A Project” identifies flooding problems described by the local stakeholders living throughout the Upper Terrebonne Basin as high flood water lasting longer and rising higher than in recent times past, excessive amounts of silt accumulation within several local waterways, excessive bank- erosion along Bayou Plaquemine and the Gulf Intracoastal Waterway.

     WHEREAS, the Final Report from the tri-parish “Atchafalaya East Watershed Initiative – Phase 2A” recommends:

·        Continuing supporting the tri-parish partnership and work together cooperatively to develop a “hydrologic and hydraulic” watershed model that can be used by local, state, and federal government in order to monitor, evaluate, and predict how the waterways respond in order to know how to best to respond to watershed conditions, plan implementation projects, and predict outcomes on both a local and regional level.

·        Implementing projects throughout the Upper Terrebonne Basin to restore drainage and manage flooding;

·        Partnering with the other parishes located downstream from the Upper Terrebonne Basin such as, Assumption, St. Martin, St. Mary, and Terrebonne Parish who receives the drainage waters from the Upper Terrebonne Basin in order to collaborate and work together to manage flood problems on a broader, “basin-wide scale”;

     WHEREAS, the congressional delegation has shown support for the tri-parish partnership’s collaborative watershed effort and a regional plan to resolve the regional flooding problems within the Upper Terrebonne Basin through federal authorization bills under: 

·        2007 Water Resources Development Act 2007 (WRDA)

·        “The East Atchafalaya Basin Project”,

·        “The Intracoastal Waterway Stream Bank Restoration Project”

·        “The Morganza to the Gulf Project”

·        “The Flood Mitigation Priority Areas in Pointe Coupee, Iberville, and West Baton Rouge Parishes, and the False River Ecosystem Restoration Project”

·        “The Lake Verret Ecosystem Restoration Project”

·        2007 Energy and Water Bill - Section 5082 - Corps of Engineers -Continuing Authorities Program (Aquatic Ecosystem Restoration, Section 206) – “The Bayou Grosse Tete Restoration Project”       

     WHEREAS, there is currently no network of water level gage height and water velocity monitoring stations on the waterways within Upper Terrebonne Basin in Pointe Coupee Parish, West Baton Rouge Parish, and Iberville Parish, and establishing a network of water level gage height and water velocity monitoring stations can help local, state, and federal government closely monitor water levels during periods of excess rainfall in order to know how to best plan for and best respond to potential flooding conditions. 

WHEREAS, projects that may divert floodwaters in the Upper Terrebonne Basin into the Atchafalaya Basin Floodway System by pumping could help to alleviate the serious flooding of residential areas in Iberville Parish and also enable commercial and recreational boating activities to continue during high water stages.

WHEREAS, the Council Clerk is directed to forward a certified copy of this resolution to the Honorable Mary Landrieu, Honorable David Vitter, Honorable Rodney Alexander, Honorable Bill Cassidy, Honorable Robert Marionneaux, Jr., Honorable Karen St. Germain and Honorable Elton Aubert.

The above resolution was duly adopted in regular session this 19th day of January, 2010 by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Reeves, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

The resolution was declared adopted by the Chairman on January 19, 2010.

ADDENDUM

Council Chairman would like to go into Addendum. 

Upon a motion by Councilman Reeves, and seconded by Councilman Bradford, 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, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

The Council Chairman stated to please be advised there was a resolution added to the agenda after publication.  A resolution to create a single hospital district for Iberville Parish.

RESOLUTION IPC # 2010-002

A RESOLUTION TO CREATE A SINGLE HOSPITAL DISTRICT FOR IBERVILLE PARISH

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

     WHEREAS, the former Iberville Parish Police Jury created Iberville Parish Hospital Service District No. 1  on July 16, 1963, which district encompassed all of former Ward 7 and Ward 9 located in the northern portion of Iberville Parish.

     WHEREAS, the former Iberville Parish Police Jury created Iberville Parish Hospital Service District No. 1A on August 5, 1969, which district encompassed the southern portion of Iberville Parish including the White Castle, Bayou Pigeon and Bayou Sorrel areas.

     WHEREAS, there are no hospital facilities located in either Iberville Parish Hospital Service District No. 1 or Iberville Parish Hospital Service District No. 1A.

     WHERAS, the location of the former River West Medical Center at 59355 River West Drive is not located within the territorial boundaries of either Iberville Parish Hospital Service District No. 1 or No. 1A.

     WHEREAS, La. R.S. 46:1051(A) provides that the police juries are authorized and empowered, upon their own initiative, to form and create one or more hospital service districts. La. R.S. 46:1051(B) provides the police juries are further authorized and empowered upon their own initiative, to alter the boundaries of any hospital service district, provided that no such boundary change shall cause an impairment of the obligations of any contract of the hospital service district.

     WHEREAS, neither Iberville Parish Hospital Service District No. 1 nor Iberville Parish Hospital Service District No. 1A have any outstanding obligations or indebtedness and neither ever incurred any obligations after their initial creation.

     WHEREAS, it is in the best interest of Iberville Parish to alter the boundaries of Iberville Parish Hospital Service District No. 1 and Iberville Parish Hospital Service District No. 1A, and to otherwise merge the two districts to form and create a single hospital service district encompassing the entire jurisdictional boundary of Iberville Parish.

     WHEREAS, the newly altered hospital service district shall be known as the “Iberville Parish Hospital Service District” and shall encompass the entire territorial boundary of Iberville Parish. The Iberville Parish Hospital Service District shall be entitled to all the privileges and immunities authorized by law, namely, La. R.S. 46:1051, et seq.

     WHEREAS, Iberville Parish President, J. Mitchell Ourso, Jr., is authorized and empowered to enter into negotiations with West Side Physicians, LLC to explore the probability and feasibility of acquiring the former River West Medical Center facility/site by purchase/lease for reopening as an acute care hospital to provide essential medical services for the residents of Iberville Parish. 

     WHEREAS, the Iberville Parish Council shall consider recommendations from its Boards and Commissions committee to appoint the governing board of the hospital service district in accordance with the provisions of La. R.S. 46:1053 if it is determined that the Iberville Parish Council that the Iberville Parish Hospital District can effectively and financially acquire the former hospital facility/site to provide affordable medical care to its residents.

        WHEREAS, the above resolution was duly adopted in regular session this 19th day of January, 2010 by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Reeves, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

Councilman Oubre would like to qualify his vote of approval by stating he wants the Parish to have a hospital because we need a hospital.  He said that we need to put up some money and open a hospital. 

The resolution was declared adopted by the Chairman on January 19, 2010.

DISCUSS CELL PHONE PLANS FOR THE COUNCIL

Council Chairman Stevens stated there were packets made for the Council to please review the potential plans from Verizon Wireless and Sprint/Nextel. 

Upon a motion by Councilman Reeves, and seconded by Councilman Scott, it was moved to go out of 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, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

ADJOURNMENT

There being no further business, it was moved by Councilman Reeves, and seconded by Councilman Bradford to adjourn at 7:40 p.m.

The motion was unanimously adopted.

________________________                                                      _______________________

/s/ KIRSHA D. BARKER                                                     /s/ EUGENE P. STEVENS

     COUNCIL CLERK                                                             COUNCIL CHAIRMAN

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IBERVILLE PARISH COUNCIL MINUTES

REGULAR MEETING, TUESDAY, MARCH 17, 2009

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 17th day of March 2009.

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; Leonard Jackson, Sr., District 4; Edwin M. Reeves, Jr., District 5; Eugene P. Stevens, Jr., District 8; Terry J. Bradford, District 9;  Louis R. Kelley, Jr., District 10; Timothy J. Vallet, District 11; Matthew H. Jewell, District 12; Wayne M. Roy, District 13.

Absent: Salaris G. Butler, Sr., District 6; Howard Oubre, Jr., District 7.

A quorum was present and due notice had been published.  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

A plaque and resolution of condolence was prepared for Mrs. Adams the wife of the late Mr. Russell Adams.  Mrs. Adams was not able to attend the meeting and will receive the plaque and resolution at a later date. 

ADDENDUM

Council Chairman would like to go into 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, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

The Council Chairman stated to please be advised there was a presentation that needed to be added to the agenda.  A presentation to declare the month of March as Red Cross Month in their honor.  A Red Cross flag will be raised in the front of the Courthouse for the entire month of March.  The Council discussed the resolution and it was approved.  The Council made a unanimous motion to present Red Cross with a proclamation commending them for their efforts during Hurricane Gustav and previously for Hurricane Katrina.

Upon a motion by Councilman Reeves, and seconded by Councilman Kelley, it was moved to go out of 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, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

APPROVAL OF MINUTES

Council Chairman stated the reading and approval of minutes will be skipped until they speak to Mrs. Betty Barber on whether or not she will be able to return to work due to illness.  Mr. Scott Stassi stated a disc will be sent to Mrs. Barber to prepare the previous minutes as well as this meeting’s minutes.

PRESIDENT’S REPORT

President Ourso reported on the following:

I⸀The President stated he appreciates the support on the 8.9 million dollar bond at the previous Special Meeting.  This bond will allow the parish to finish all 26 miles of the White Castle area roads.

J⸀                        Right of Entry Program- there was a total of 357 applicants that came in to request to enter into the Right of Entry Program.

K⸀                     Enterprise Blvd South- this is a 2 million dollar project and by the next meeting the parish will start to purchase the land and put it up for bid by June.

L⸀                      FEMA floodplain maps- FEMA proposed to change the maps in Iberville Parish concerning the flood zones.  FEMA will allow the public to view the changes that will be made.  They will also answer questions constituents may have on why their land has been moved into a flood zone.

M⸀                    Easter Egg Hunt- there will be an Easter Egg Hunt at the Mike Zito Multi-purpose center on Saturday, April 4, 2009 sponsored by the Tourism Department.

N⸀                     Mosquito Trucks- they will begin making their rounds by mid April.

O⸀                     Train Derailment- the President was out of town when this incident occurred and wanted to thank the all authorities for taking care of the situation.

P⸀                      LRA-(Louisiana Recovery Authority) Iberville Parish has been awarded 44 million dollars by the LRA.  Iberville Parish was ranked third out of Louisiana for the most damage due to Hurricane Gustav.  At this time, Mr. Barry Marrioneaux spoke on the regulations of LRA’s reward of 44 million dollars.

CHAMBER OF COMMERCE REPORT

Mr. Hank Grace was not present.

FINANCIAL REPORT

Mr. Randall Dunn stated the annual audit was currently underway.  Councilman Vallet asked about the sales tax and Mr. Dunn referred him to the figures on the handout that was presented to the Council.

OLD BUSINESS

AN ORDINANCE TO AMEND THE VACATION POLICY FOR IBERVILLE PARISH COUNCIL EMPLOYEES CONTAINED IN THE PERSONNEL POLICY HANDBOOK

ORDINANCE IPC# 001-09

AN ORDINANCE TO AMEND THE VACATION POLICY FOR IBERVILLE PARISH COUNCIL EMPLOYEES CONTAINED IN THE IBERVILLE PARISH GOVERNMENT PERSONNEL POLICY HANDBOOK IMPLEMENTD BY ORDINANCE NUMBER 1998-54

The following ordinance was introduced by Councilman Taylor and seconded by Councilman Reeves.

     WHEREAS, the Iberville Parish Government Personnel Policy Handbook currently provides under the section entitled “Vacation” (page 12 of handbook) that “Employees will not be permitted to carry forward hours granted under the vacation policy set forth above. Only banked hours existing prior to the institution of this policy may be carried forward.”

     WHEREAS, a review of the current vacation policy reveals that it would be in the best interest of the Parish Council to afford its employees the opportunity to carry forward unused vacation hours from each calendar year. The Iberville Parish Council has a dedicated work force and many employees are forced to take vacation during the year due to the no carry over policy for vacation leave. The Parish Council has also experienced work shortages in various departments when employees are required to utilize their vacation hours at the end of the year.

     WHEREAS, a revised policy of permitting Iberville Parish Council employees to carry forward vacation hours would provide for increased work productivity and be beneficial to employees and to the general operations of parish government.

     WHEREAS, the Vacation policy contained in the current Iberville Parish Government Personnel Policy Handbook at page 12 provides as follows: Any and all vacation time held by an employee at the effective date of this policy will not be lost. Each employee will have the opportunity to use those banked hours as necessary and carry forward any remaining banked vacation time. Employees will not be permitted to carry forward hours granted under the vacation policy set forth above. Only banked hours existing prior to the institution of this policy may be carried forward.”

     WHEREAS, the vacation policy contained in the current Iberville Parish Government Personnel Policy Handbook at page 12 shall be amended to provide for carrying forward of unused vacation hours and shall provide:

     “Any and all vacation time held by an Iberville Parish Council employee commencing with January 1, 2009 will not be lost and may be carried forward by the employee to succeeding calendar years.

     Each employee upon separation from the Iberville Parish Council shall be paid the value of his or her accrued annual leave in a lump sum, provided that the privileges of this rule shall not extend to any employee who is dismissed for theft of agency funds or property. The payment for such accrued leave shall be computed as follows: (1) When an employee is paid wages on an hourly basis,  multiply the regular hourly rate by the number of hours of accrued vacation leave, (2) When an employee is paid on other than an hourly basis, determine the hourly rate by converting their salary in accordance with provisions in the uniform pay plan for conversion to a working hourly rate and multiply the converted hourly rate by the number of hours of accrued vacation leave. No payment for vacation leave earned shall exceed the value of 480 hours computed on the basis of the employee’s hourly rate of pay at the time of their separation. The hourly rate of pay for any employee who is on detail shall not include the employee’s rate of pay in the detailed position. No payment for vacation leave under this rule shall operation to continue the payee as an employee beyond the last day of active work duty.”

     The above ordinance was scheduled for public hearing on the 20th day of January, 2009;

     After being duly submitted for public hearing the above ordinance was duly adopted in regular session by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

The ordinance was declared adopted by the Chairman on March 17, 2009.

CONSIDERATION OF VETO STATEMENT OF AN ORDINANCE TO AMEND SECTION 3-91 OF THE IBERVILLE PARISH ORDINANCES TO PROVIDE FOR POSSESSION OF POTENTIALLY DANGEROUS WILD QUADREPEDS, BIG EXOTIC CATS, AND NON HUMAN ANIMALS

VETO STATEMENT OF IBERVILLE PARISH ORDINANCE

NUMBER 273-09

     Iberville Parish Home Rule Charter Section 2-13(B) entitled “Submission of Ordinances to the President” provides that “All ordinances vetoed by the President shall be vetoed in full, except that the President shall have authority to veto individual appropriation items in the ordinances adopting the operating and capital improvement budgets and/or amendments thereto”

     I, J. Mitchell Ourso, Jr., Parish President acting pursuant to the provisions of Iberville Parish Home Rule Charter Section 2-13(B) do hereby submit this written veto statement of Ordinance Number 273-09 to the Parish Council through the clerk.

     Iberville Parish Ordinance Number 273-09 in its current form authorizes the single live tiger at Tiger Truck Stop to remain in Iberville Parish, Louisiana as it was physically located in Iberville Parish on August 15, 2006. The ordinance states that this tiger shall be “grandfathered” upon issuance of a permit from the Louisiana Department of Wildlife & Fisheries.

     At this time the Louisiana Department of Wildlife & Fisheries has not issued a permit for the tiger to be located at the Tiger Truck Stop, and remains in Iberville Parish without any permit.

     Further review of Ordinance Number 273-09 reveals that this ordinance does not provide for any permit guidelines for the Iberville Parish Animal Control Division to determine whether the tiger can be safely housed within Iberville Parish to protect the general public or any guidelines to ensure the health, safety and welfare of the tiger itself.

     If the Iberville Parish Council allows the tiger to remain at the Tiger Truck Stop, the ordinance should provide for permitting conditions to ensure the safety of the general public and the health and welfare of the tiger.

     Therefore, for the above stated reasons, I VETO Iberville Parish Ordinance Number 273-09.

______________________________________

/s/ J. MITCHELL OURSO, JR.

PARISH PRESIDENT

_ _2-26-09_____2:00 P.M.___

                                                      DATE                     TIME

This veto statement refers to Ordinance # 002-09 passed at the regular meeting on February 17, 2009.

 AMENDMENT OF ORDINANCE NO. 3-91 TO PROVIDE FOR POSSESSION OF POTENTIALLY DANGEROUS WILD QUADRUPEDS, BIG EXOTIC CATS AND NON HUMAN ANIMALS

At this time, Mr. Songy stated the President would like the Council to consider both the veto statement and the modified ordinance.  President Ourso is in agreement with the modified ordinance so this will determine whether it is necessary to consider the veto statement.

ORDINANCE IPC# 003-09

AN ORDINANCE TO AMEND SECITON 3-91 OF THE UNIFIED CODE OF ORDINANCES FOR IBERVILLE PARISH

     The following ordinance was introduced by Councilman Vallet and seconded by Councilman Bradford.

     WHEREAS, the Iberville Parish Council hereby amends Section 3-91 of the Compiled Ordinances of the Parish of Iberville to provide as follows:

     Section 3-91: Except as provided herein, no person shall keep or permit to be kept on any premises or within the Parish of Iberville, Louisiana, any wild, exotic, vicious animal or reptile for display or for exhibition purposes whether gratuitously or for a fee. This section shall not apply to zoological parks, performing animal exhibitions or circuses that are properly licensed by federal, state and local agencies, or veterinary clinics.

     Section 3-91.1: The tiger that is currently located at the Tiger Truck Stop, Inc. in Grosse Tete, having been located in Iberville Parish as of August 15, 2006 shall be exempt from the provisions of Paragraph 3-91 of this ordinance provided the owner obtain a permit annually from the Director of the Iberville Parish Animal Control Department. Upon the death of this tiger, the transfer of ownership of the tiger from its current owner as identified on any permit application, the legal transfer of the tiger out of parish or the removal of the tiger from Iberville Parish, this exemption from the terms of Section 3-91 hereinabove shall automatically cease, and the permit issued by the Director shall be automatically cancelled.

     Section 3-91.2: Any license that may be issued by the Animal Control Director or other designee relative to the tiger currently located at Tiger Truck Stop, Inc, in Grosse Tete, Louisiana shall be ineffective and conditional unless the owner is issued licenses and permits from all other required agencies, including, but not limited to the Louisiana Department of Wildlife and Fisheries and the United States Department of Agriculture. If the owner is not issued a license or permit by the Louisiana Department of Wildlife & Fisheries and the United Stated Department of Agriculture, within ninety (90) days of the issuance of the conditional permit issued by the Iberville Parish Council Director of Animal Control then the conditional permit that was issued shall be automatically cancelled and the tiger removed from Iberville Parish.

    Section 3-91.3: The revocation or refusal to issue or renew a license by the Louisiana Department of Wildlife & Fisheries or the United States Department of Agriculture or any other agency that may be authorized to issue a license/permit relative to the tiger at the Tiger Truck Stop, Inc. shall automatically terminate any license/permit that is issued by the Iberville Parish Council Director of Animal Control.

     Section 3-91.4: The owner of the tiger at Tiger Truck Stop, Inc., shall provide to the Iberville Parish Council Animal Control Director within ten (10) days of his/her receipt, a copy of the license/ permit issued by the Louisiana Department of Wildlife and Fisheries and United States Department of Agriculture or any other licensing/permitting agency. Upon receipt of any violation report issued to the owner of the tiger, the owner shall within ten (10) days of receipt of such notice of violation provide a copy to the Iberville Parish Council Director of Animal Control.

     Section 3-91.5: The following mandatory conditions shall be in place prior to the issuance of an annual license by the Iberville Parish Animal Control Director, and said conditions shall be put in place by the owner within thirty (30) days of the final adoption of this ordinance and if all conditions are not imposed then the tiger shall be immediately removed from Iberville Parish, Louisiana;

(A)

·        A detailed written escape plan and written “Lock-Out” procedures, including a written training program for each, shall be submitted to the Director of Animal Control for approval, and such approval shall be in writing.

·        The escape plan shall designate an individual (natural person designee) who will be responsible for the implementation of the escape plan. The designee shall live and reside on the premises of the Tiger Truck Stop, Inc. as long as the tiger is licensed/permitted to be as said location, and shall the necessary training and ability to carry out all requirements of the escape plan. 

·        The approved escape plan shall be distributed by the designee to the Louisiana State Police, Iberville Parish Council Director of Emergency Preparedness, Iberville Parish Sheriff, Chief of Police of the Village of Grosse Tete and the Mayor of the Village of Grosse Tete, either by hand delivery or certified mail and evidence of said delivery of the escape plan shall be provided to the Director of Animal Control.

·        Should the designee for any reason leave the premises of Tiger Truck Stop, Inc. , the escape plan shall name a substitute designee and this designee shall have the training and ability to carry out all requirements of the escape plan and shall be physically present on the premises of Tiger Truck Stop, Inc., when the designee is not present on the premises for any reason.

·        The designee, substitute designee, and all employees who will participate in the handling, care, feeding, and cleaning of the tiger and enclosure for said tiger shall be trained on the proper Lock-Out procedures and the escape plan.

(B) A permanent log book shall be maintained by the designee or substitute designee at the Tiger Truck Stop, Inc. with the contents, entries and forms approved by the Director of Animal Control. Said log book shall be available for inspection and copying ay all times by the Director or Animal Control or other Iberville Parish Animal Control personnel.

(C) Clean potable drinking water shall be available to the tiger at all times.

(D) All areas of the tiger cage shall be cleaned daily, with all solid fecal materials, urine and food waste, picked up and/or property disposed of in accordance with applicable regulations of the Louisiana Department of Health & Hospitals. The concrete areas shall be cleaned and scrubbed daily and an appropriate disinfectant approved for use in animal cages shall be applied. The tiger shall not be given access to wet concrete floors after cleaning of the cage. The tiger shall be properly located out of the cage enclosure that is being cleaned.

(E) The water pool shall be of sufficient size for the tiger to be full submerged and to move around in the pool, and the pool shall be drained and cleaned daily.

(F) In the enclosed den area of the cage, rubber mats shall be installed for the tiger to lay and sleep on, and during the winter months appropriate heaters shall be provided within the den areas to provide warm and dry conditions.

(G) Except when the daily cleaning is being performed, medical or other necessary activities are being performed, the tiger shall have full and complete access to the entire cage enclosure, including the grassy area.

(H) The tiger shall be fed a commercial diet approved and prescribed in writing by a licensed Louisiana veterinarian who has knowledge and training regarding the nutritional requirements of tigers in captivity.

·        In addition to the permanent log book required by the Director of Animal Control, all invoices and documents concerning the care, health and maintenance of the tiger shall be maintained by the owner and designee and made available for inspection and copying by the Director at any time. The Animal Control Director and all other Animal Control Personnel shall be allowed access to the premises to inspect the permitted tiger, the facilities, equipment, and records for the purpose of ensuring compliance with the requirements of this ordinance.

(J) The owner of the tiger must apply annually for and receive a permit for the tiger from the Animal Control Director and the permit application shall be on a form provided by the Director and require the following;

i⤀           A signed agreement by the owner, personally and by Tiger Truck Stop, Inc. authorized representative indemnifying and holding harmless the Iberville Parish Council and all other Iberville Parish public agencies and employees, including agents, contractors, and the general public from any claims for damages resulting from possessing the permitted tiger.

ii⤀          A signed agreement that the owner, individually and a Tiger Truck Stop, Inc. representative will be responsible for any and all costs associated with the escape, capture and disposition of the permitted tiger.

iii⤀        Proof of liability insurance from an A rated (or higher) insurance company in the amount of Five Hundred Thousand Dollars ($500,000.00) for said tiger, valid and effective continuously for the entire license term. The policy shall include a provision requiring notice from the carrier to the Animal Control Director a minimum of thirty (30) days prior to cancellation of the policy. Upon cancellation of any policy insuring the tiger, the tiger shall be removed immediately from Iberville Parish.

iv⤀        The owner shall comply with all laws, rules and regulations of the Louisiana Department of Wildlife & Fisheries and United States Department of Agriculture relative to the tiger.

v⤀         The fee for the issuance of the license by the Animal Control Director shall be One Hundred Dollars ($100.00).

The above ordinance after having been submitted for public hearing was duly adopted in regular session this 17th  day of March, 2009, by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Jackson, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: Reeves.

ABSENT: Butler, Oubre.

INTRODUCTION OF ORDINANCES

The following ordinance was introduced by Mr. Songy:

ORDINANCE TO PROVIDE FOR ADVANCE FUNDS TO IBERVILLE PARISH ASSESSOR’S OFFICE IN ACCORDANCE WITH LA. R. S. 47:1906

ORDINANCE IPC #004-09

AN ORDINANCE TO PROVIDE FOR ADVANCE FUNDS TO IBERVILLE PARISH ASSESSOR’S OFFICE IN ACCORDANCE WITH LA. R.S. 47:1906

The following ordinance was introduced by Councilman Taylor and seconded by Councilman Scott.

     WHEREAS, La. R.S. 47:1906 provides, “the governing authority of the parish and the parish school board shall advance to the assessor’s salary and expense fund such funds as may be necessary in proportion to the amount of taxes levied by each for all purposes, as shown by the last completed and filed tax roll, inclusive of all special  taxes levied by road and school districts, which advances so made shall be reimbursed without interest to the governing authority and parish school board by the assessor’s salary and expense fund when the compensation provided for is paid to the assessor by the parish sheriff and ex officio tax collector and the exempted municipalities.

     WHEREAS, the Iberville Parish Assessor has notified the Iberville Parish Council that advance funds are necessary to fund the assessor’s salary and expense fund for 2009. The amount of funds requested from the Iberville Parish Council is the sum of $87, 673.68.

     WHEREAS, the Iberville Parish Council has sufficient reserve funds in its general fund to advance the funds to the Iberville Parish Assessor as required by law.

     WHEREAS, the funds so advanced to the Assessor’s salary and expense fund shall be repaid to the Iberville Parish upon receipt of the 2009 assessments by the Assessor from the Iberville Parish Sheriff/ Ex Officio Tax Collector.

     The foregoing ordinance having been subject to public comment was adopted in regular session this 17th day of March, 2009 by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Jackson, Reeves, Bradford, Vallet, Jewell, Roy.

NAYS: Kelley

ABSENT: Butler, Oubre.

The ordinance was declared adopted by the Chairman on March 17, 2009.

RESOLUTION COMMITTEE  

The Resolution Committee met on Tuesday, March 17, 2009 at 6:10 p.m. and made the following recommendations:

RESOLUTION IPC # 2009-005

A RESOLUTION TO EXPRESS SINCERE AND HEARTFELT CONDOLENCES UPON THE DEATH OF RUSSELL J. ADAMS

WHEREAS, it is with deep regret and profound sorrow that the members of the Iberville Parish Council and Iberville Parish President have learned of the death of Russell J. Adams, who passed away on Tuesday, February 24, 2009, at the age of 82.

WHEREAS, a native of White Castle and a resident of Plaquemine, Iberville Parish, Louisiana, the late Russell J. Adams was a veteran of World War II and provided exemplary service to Iberville Parish related to veteran affairs to ensure that Iberville Parish’s veterans received the honor and recognition they deserve.  Russell J. Adams was instrumental in initiating the “West Side Honor Guard” sponsored by the Iberville Parish Council to ensure that local veterans receive military honors at their funeral services.  Russell J. Adams was very involved in the planning and development of the Iberville Parish Veteran’s Memorial which was dedicated on Veterans Day November 11, 2008.

WHEREAS, Russell J. Adams was a true public servant and deeply devoted to his wife, Elizabeth Gerace Adams.  Russell J. Adams will be deeply missed by the veterans of Iberville Parish and surrounding parishes.

WHEREAS, Iberville Parish has truly lost one of its heroes and he will be deeply missed by his family, friends, community and all veterans.  Russell J. Adams was ready to serve his country and Iberville Parish at any time called upon, and it is with great honor that we issue this resolution to express our heartfelt condolences to the family of Russell J. Adams.

WHEREAS, although the death of Russell J. Adams has left a tremendous void in Iberville Parish, his dedication and legacy of public service to Iberville Parish and its veterans shall live long in the hearts and minds of all who knew and loved him.

THEREFORE, BE IT RESOLVED BY THE IBERVILLE PARISH COUNCIL AND PARISH PRESIDENT AS FOLLOWS;

The Iberville Parish Council, Parish President, and Parish Staff do hereby express sincere and heartfelt condolences upon the death of Russell J. Adams and do hereby recognize and record the noble and exemplary strides he took as an active veteran in Iberville Parish to make Iberville Parish a better place for all does extend posthumous honor to Russell J. Adams for his exemplary public service and dedication to Iberville Parish.”

BE IT FURTHER RESOLVED that a suitable copy of this resolution be transmitted to the family of Russell J. Adams.

Upon a motion by Councilman Taylor, and seconded by Councilman Vallet, the foregoing resolution having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Scott, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

The resolution was declared adopted by the Chairman on March 17, 2009.

BOARDS & COMMISSIONS REPORT

The Boards and Commissions Committee met on Tuesday, March 17, 2009 at 6:15 p.m. and made the following recommendations:

The resume of Mrs. Nancy Bradford Shearer was presented to the Council. 

Upon a motion by Councilman Taylor, and seconded by Councilman Vallet, it was moved to appoint Mrs. Nancy Shearer as the new member of the Board of Commissioners for Waterworks District No. 4 replacing Mr. Ory Persick.  The foregoing 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, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

The motion was declared adopted by the Chairman on March 17, 2009.

CORRESPONDENCES

“Keep Iberville Beautiful” Committee will host a jambalaya dinner for volunteers who help with the cleanup in the areas of the Village of Grosse Tete on Saturday, April 18, 2009 from 9 a.m. to 12 noon.

Councilman Jewell stated he would like to propose that the Parish consider taking over the operations of the Council of Aging.  Mr. Songy explained the restrictions and regulations that would have to be met for the Parish to be able to take it over. 

Upon a motion by Councilman Kelley, and seconded by Councilman Jewell, it moved to ask the current board of the Council on Aging to allow the Parish Council to be in charge of the Council on Aging. The foregoing motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Scott, Butler, Oubre.

ADJOURNMENT

There being no further business, it was moved by Councilman Reeves, and seconded by Councilman Vallet to adjourn.

The motion was unanimously adopted.

I, Kirsha D. Barker, was duly appointed as the Iberville Parish Council Clerk effective September 8, 2009, and have prepared the above minutes of the Iberville Parish Council meeting held on the 17th day of March, 2009 from a disc recording of the meeting.

________________________                                                      _______________________

/s/ KIRSHA D. BARKER                                                     /s/ EUGENE P. STEVENS

     COUNCIL CLERK                                                             COUNCIL CHAIRMAN

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Minutes of February 9, 2010 – Regular Meeting

Mayor and Board of Selectmen

City of Plaquemine, Louisiana

            The Mayor and Board of Selectmen met for a Regular Meeting at Plaquemine City Hall, second floor courtroom, 23640 Railroad Avenue, City of Plaquemine, Parish of Iberville, State of Louisiana, 70764 on Tuesday, February 9, 2010, at 6:30 p.m. with the following members present:

Present:  Mayor Mark A. Gulotta and Selectmen Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W.

              Rivet, Timothy L. Martinez and Jimmie Randle, Jr.

Absent:   Selectman Oscar S. Mellion.

The Pledge of Allegiance followed the Clerk’s evidence of proper notice for the calling of the meeting.

NEW BUSINESS:

TO CONSIDER AND TAKE ACTION WITH RESPECT TO ADOPTING A RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF NOT TO EXCEED $275,000 OF REVENUE BONDS, SERIES 2010 OF THE CITY OF PLAQUEMINE, STATE OF LOUISIANA (THE “CITY”); AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH FOR THE PURPOSE OF PURCHASING A FIRE TRUCK AND RELATED FIREFIGHTING EQUIPMENT.

The following resolution was offered by Selectman Lindon A. Rivet Jr. and seconded by Selectman Timothy L. Martinez:

                                                                  RESOLUTION

A resolution giving preliminary approval to the issuance of not to exceed Two Hundred Seventy Five Thousand Dollars ($275,000) of Revenue Bonds, Series 2010 of the City of Plaquemine, State of Louisiana; providing certain terms of said Revenue Bonds, making application to the State Bond Commis_sion for the approval of said Revenue Bonds, and providing for other matters in connection therewith.

WHEREAS, the City of Plaquemine, State of Louisiana (the "City"), desires to incur debt and issue not exceeding Two Hundred Seventy Five Thousand _Dollars ($275,000) of its Revenue Bonds, Series 2010 (the "Bonds"), for the purpose of purchasing a fire truck and related firefighting equipment and paying the costs of issuance in connection therewith, said Bonds to mature no later than five years from the date thereof, to bear interest at a rate or rates not to exceed six per centum (6%) per annum and to be secured by and payable as to principal and interest, equally with the Outstanding Parity Bonds hereinafter defined, solely from a pledge and dedication of the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Bonds are outstanding; and

WHEREAS, the City desires to make formal application to the State Bond Commission for approval of the above described borrowing;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Selectmen of the City of Plaquemine, State of __Louisiana, acting as the governing authority of the City of Plaquemine, State of Louisiana (the “City”), that:

SECTION 1.    The City, pursuant to Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority,  is hereby authorized to incur debt and borrow an amount not to exceed in the aggregate $275,000 at a rate or rates not exceeding six per centum (6%) per annum, to mature no later than five years from the date thereof, in one or more series, for the purpose of purchasing a fire truck and related firefighting equipment and paying the costs of issuance in connection therewith, such borrowing to be secured by and payable as to principal and interest, equally with the outstanding Revenue Bonds, Series 2008, with final maturity of October 1, 2010 (the “Outstanding Parity Bonds”) solely from a pledge and dedication of the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Bonds are outstanding. The Bonds shall be issued in fully registered form, shall be sold to the purchasers thereof at a price of not less than par, plus accrued interest, and shall have such additional terms and provisions as may be determined by this Governing Authority.  The Bonds are designated "qualified tax-exempt obligations" under Section 265(b)(3) of the Internal Revenue Code.

SECTION 2.    The Mayor and Clerk of the City are each hereby further authorized and directed, for and on behalf of the City, to accept, receive, execute, seal, attest and deliver all such documents, bonds and other instruments as are required in connection with the borrowing authorized herein, and to take such further action as may be appropriate or required by law in connection therewith.

SECTION 3.    Application is hereby made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority for the City to incur debt and borrow in the aggregate not exceeding $275,000 as herein provided, and a certified copy of this Resolution shall be forwarded to the State Bond Commission, together with a letter requesting the prompt consideration and approval of this application.

By virtue of applicant/City’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.”, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

SECTION 4.  A real necessity is hereby found for the employment of special bond counsel in connection with the issuance of the Bonds, and accordingly the law firm of Foley & Judell, LLP, Bond Counsel, is hereby employed as Bond Counsel to handle all matters of a legal nature in connection with the negotiation, sale, issuance and delivery of the Bonds.  Said special bond counsel shall prepare and submit to the City all proceedings necessary for the due authorization, issuance, sale and delivery of the Bonds, shall counsel the City as to the issuance and sale of the Bonds, and shall furnish their opinion covering the legality and tax-exemption of the Bonds.  The fee of special bond counsel in this connection, which shall be contingent upon the delivery of the Bonds, is hereby established and fixed at a sum not exceeding the maximum fee allowed by the Attorney General's fee schedule for comprehensive legal and coordinate professional services in the issuance of revenue obligations, based on the amount of the actual borrowing, _plus "out-of-pocket" expenses, said fee to be contingent upon the actual borrowing as provided herein. A certified copy of this Resolution shall be forwarded to the Attorney General of the State of Louisiana for his approval of the employment herein provided for.            

SECTION 5.  Prior to the delivery of the Bonds, the Issuer antici_pates that it may pay a portion of the costs of the project from the General Fund.  The project consists of purchasing a fire truck and related firefighting equipment for the Issuer.  Upon the issuance of the Bonds, the Issuer reasonably expects to reimburse any such expendi_tures of other available funds from a portion of the proceeds of the Bonds.  Any such allocation of proceeds of the Bonds for reimbursement will be with respect to capital expenditures (as defined in Reg. 1.150-1(b)) and will be made upon the delivery of the Bonds and not later than eighteen months after the later of (i) the date such expenditure was paid or (ii) the date on which the project was placed in service, but in no event more than three years after the expenditure was paid.  This Section is intended to be a declaration of official intent within the meaning of Reg. 1.150-2.

SECTION 6.  This Resolution shall take effect immediately.

This resolution having been submitted to a vote, the vote thereon was as follows:

MEMBERS:                       YEAS:              NAYS:             ABSENT:               ABSTAINING:

Lindon A. Rivet, Jr.                   x                                                                      ____________

Oscar S. Mellion                                                                      x                       ____________

Ralph J. Stassi, Jr.                     x                                                                      ____________

Michael W. Rivet                       x                                                                     ____________

Timothy L. Martinez                   x                                                                     ____________

Jimmie Randle, Jr.                     x                                                                      ____________

TO CONSIDER AND TAKE ACTION WITH RESPECT TO ADOPTING A RESOLUTION AUTHORIZING THE ADVERTISING FOR SEALED BIDS FOR THE PURCHASE OF NOT EXCEEDING $1,500,000 OF SALES TAX BONDS, SERIES 2010, OF THE CITY OF PLAQUEMINE, STATE OF LOUISIANA, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.

The following resolution was offered by Selectman Lindon A. Rivet and second_ed by Selectman Ralph J. Stassi, Jr.:_

                                                                  RESOLUTION

A resolution authorizing the advertising for sealed bids for the

purchase of not exceeding One Million Five Hundred Thousand

Dollars ($1,500,000) of Sales Tax Bonds, Series 2010, of the City

of Plaquemin_e, State of Louisiana, and providing for other matters

in con_nection therewith.

BE IT RESOLVED by the Mayor and Selectmen of the City of Plaquemine, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Plaquemine, State of Louisiana, that:

SECTION   Advertisement for Sale.  The Mayor of the City of Plaquemine, State of Louisiana (the “Issuer”) is hereby empowered, authorized and directed to advertise in accor_dance with the provisions of law for sealed bids for the purchase of not exceeding One Million Five Hundred Thousand Dollars ($1,500,000) of Sales Tax Bonds, Series 2010 (the “Bonds”) of the Issuer.  The Bonds will be issued for the purpose of constructing and acquiring capital improvements for the sewer collection and treatment system for the Issuer (the “Project”), pursuant to Sub-Part F, Part III, Chapter 4 of Title 39 of the Louisiana Revised Stat_utes of 1950, as amended, and other constitutional and statutory authority.  The Bonds may be issued in one or more series as taxable or tax-exempt bonds and shall be payable solely from and secured by, equally in all respects with the Issuer’s outstanding Sales Tax Bonds, Series 2008 (the “Outstanding Parity Bonds”), by an irrevocable pledge and dedication of (i) the Issuer’s portion (currently 23.1441%) of the net avails or proceeds of the special two-thirds of one percent (2/3%) sales and use tax being levied and collected by the Parish of Iberville, State of Louisiana (the “Parish”), pursuant to an election held in the Parish on July 13, 1991 (the “1991 Election” and the “1991 Tax”), (ii) the Issuer’s portion (currently 23.6507%) of the net avails or proceeds of the special one percent (1%) sales and use tax being levied and collected by the Parish pursuant to an election held in the Parish on July 16, 2005 (the “2005 Election” and the “2005 Tax”) and (iii) the Issuer’s portion (currently 23.6507%) of the net avails or proceeds of the special one percent (1%) sales and use tax being levied and collected by the Parish pursuant to an election held in the Parish on September 30, 2006 (the “2006 Election” and the “2006 Tax”) (the 1991 Tax, 2005 Tax and 2006 Tax herein collectively referred to as the “Tax,” the Issuer’s portion of each of the 1991 Tax, 2005 Tax and 2006 Tax herein collectively referred to as the “Net Revenues of the Tax,” and the 1991 Election, 2005 Election and 2006 Election herein collectively referred to as the “Elections”), said Tax now being levied and collected by the Parish pursuant to Article VI, Section 29 of the Constitution of the State of Louisiana of 1974 and other constitutional and statutory authority, and in compliance with the Elections, subject only to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax.

                        SECTION   Basic Terms of Bonds.  The Bonds will be in fully registered form, will be dated April 1, 2010, or later date of delivery, will be in the denomination of One Thousand Dollars ($1,000) each, or any integral multiple thereof within a single maturity, and will bear interest from date thereof, or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates not exceeding four per centum (4%) per annum (including an administrative fee, if any) on any Bond in any interest payment period, said interest to be payable on June 1, 2010, and semiannu_al_ly thereafter on June 1 and December 1 of each year as determined by the Governing Authority. 

SECTION   Sale of Bonds.  The Bonds shall be sold in the manner required by law, and in accor_dance with the terms of this resolu_tion and the official Notice of Bond Sale herein set forth.  In advertising the Bonds for sale, the Governing Authority shall reserve the right to reject any and all bids received.

SECTION   Notice of Bond Sale.  The Mayor of the Issuer is hereby further empowered, authorized and directed to issue a Notice of Bond Sale and cause the same to be published as required by law, which Notice of Bond Sale shall be in substantial_ly the following form:

OFFICIAL

NOTICE OF BOND SALE

$1,500,000

SALES TAX BOND, SERIES 2010

OF THE

CITY OF PLAQUEMINE, STATE OF LOUISIANA

NOTICE IS HEREBY GIVEN that the Mayor and Selectmen (the “Governing Authority”) of the City of Plaquemine, State of Louisiana (the “Issuer”), acting as the governing authority of the Issuer, will receive sealed bids or electronic bids at the City Hall, Plaquemine, Louisiana, until six thirty (6:30) o'clock p.m., Louisiana Time, Central Time, on Tuesday, March 23, _2010, (or such other date as may be determined by the Mayor) for the purchase of One Million Five Hundred Thousand Dollars ($1,500,000) of Sales Tax Bonds, Series 2010 (the "Bonds") of the Issuer, autho_rized for the purpose of constructing and acquiring capital improvements for the sewer collection and treatment system for the Issuer, pursuant to Sub-Part F, Part III, Chapter 4 of Title 39 of the Louisi_ana Revised Stat_utes of 1950, as amended, and other constitutional and statutory authority.  The Bonds may be issued in one or more series as taxable or tax-exempt bonds and shall be payable solely from and secured by, equally in all respects with the Issuer’s outstanding Sales Tax Bonds, Series 2008 (the “Outstanding Parity Bonds”), by an irrevocable pledge and dedication of (i) the Issuer’s portion (currently 23.1441%) of the net avails or proceeds of the special two-thirds of one percent (2/3%) sales and use tax being levied and collected by the Parish of Iberville, State of Louisiana (the “Parish”), pursuant to an election held in the Parish on July 13, 1991 (the “1991 Election” and the “1991 Tax”), (ii) the Issuer’s portion (currently 23.6507%) of the net avails or proceeds of the special one percent (1%) sales and use tax being levied and collected by the Parish pursuant to an election held in the Parish on July 16, 2005 (the “2005 Election” and the “2005 Tax”) and (iii) the Issuer’s portion (currently 23.6507%) of the net avails or proceeds of the special one percent (1%) sales and use tax being levied and collected by the Parish pursuant to an election held in the Parish on September 30, 2006 (the “2006 Election” and the “2006 Tax”) (the 1991 Tax, 2005 Tax and 2006 Tax herein collectively referred to as the “Tax,” the Issuer’s portion of each of the 1991 Tax, 2005 Tax and 2006 Tax herein collectively referred to as the “Net Revenues of the Tax,” and the 1991 Election, 2005 Election and 2006 Election herein collectively referred to as the “Elections”), said Tax now being levied and collected by the Parish pursuant to Article VI, Section 29 of the Constitution of the State of Louisiana of 1974 and other constitutional and statutory authority, and in compliance with the Elections, subject only to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax.

The Bonds will be issued in the form of a single fully registered bond per series, will be dated the date of delivery thereof, will bear interest from date thereof, or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates of interest not exceeding three and four per centum (4%) per annum (which includes any administrative fee which may be charged to the Issuer) and shall be in the denomination of $1,000 per principal installment within each such bond.  Interest on the Bonds shall be payable on June 1 and December 1 of each year, commencing June 1, 2010, and the principal shall be payable in twenty (20) annual installments with the first payment to fall due on or before December 1, 2013.

The Governing Authority anticipates that it may designate some or all of the Bonds as “Build America Bonds (Direct Payment)” pursuant to Section 54AA of the Internal Revenue Code of 1986, as amended (the “Code”).  In such event, interest on the Bonds shall not be excluded from gross income for federal income tax purposes and the Issuer will irrevocably elect to designate all of the eligible Bonds as “Build America Bonds” under Section 54AA of the Code and specifically as “qualified bonds” within the meaning of Section 54AA(g) of the Code.

The installments of principal of the Bonds are subject to prepayment at the option of the Issuer at any time, in whole or in part, at a prepayment price of par plus accrued interest and accrued administrative fee, if any.

The Mayor of the Issuer may request from any bidder evidence of good faith to accompany its bid in the form of a certified or cashier's check in the amount of Fifteen Thousand Dollars ($15,000) drawn on an incorporated bank or trust company and payable to the order of the Issuer.  The good faith check of the successful bidder, if requested, will be retained uncashed by the Issuer until delivery of the Bonds and payment therefor, or will be cashed and forfeited to the Issuer as liquidated damages in event the bidder should fail to fulfill the terms of its bid.  The checks of the unsuccessful bidders will be returned to them immediately upon the rejection of their bids.  The right is reserved to reject any and all bids received.

A commitment has been obtained from the Louisiana Department of Environmental Quality ("DEQ"), pursuant to which DEQ will purchase the Bonds at par at a rate of interest not exceeding two per centum (2%) per annum, including an administrative fee, unless an equal or better bid is received from a bidder or bidders other than DEQ, within the terms herein specified.

The approving legal opinion of Foley & Judell, L.L.P., who have supervised the proceedings, the printed Bonds and the transcript of record as passed upon will be furnished to the successful bidder without cost to it.  Said transcript will contain the usual closing proofs, including a certificate that up to the time of delivery no litigation has been filed questioning the validity of the Bonds or the tax revenues necessary to pay the same.

For information relative to the Bonds and not contained in the Notice of Bond Sale  address Ms. Shelia H. Migliacio, Clerk, City of Plaquemine, 23640 Railroad Ave., Plaquemine, Louisiana _70764 or Foley & Judell, L.L.P, One Canal Place, Suite 2600, 365 Canal Street, New Orleans, Louisiana 70130, Bond Counsel.

THUS DONE AND SIGNED at Plaquemine, Louisiana, on this, the 9th day of February, 2010.

                                           /s/ Mark Gulotta             

                                          Mayor

Attest:                                                             

 /s/ Shelia Migliacio             

        Clerk

                                                                *     *     *     *     *

SECTION   Receipt of Bids.  This Governing Authority will meet in open and public session at six thirty (6:30) o’clock p.m., Louisiana Time (Central Time), on Tuesday, March 23, 2010 (or such other date as may be determined by the Mayor of the Issuer) at the City Hall, Plaquemine, Louisiana, for the purpose of receiving bids for the Bonds, consider_ing and taking action upon the bids, and taking any other action required by this resolution, or necessary to effectuate the issuance, sale and delivery of the Bonds.  If any award of the Bonds shall be made for not less than par, such award and best bidder to be determined in accordance with the aforesaid Official Notice of Bond Sale.  There shall be prepared an Official Bid Form for the submission of bids, which Official Bid form shall be made available to all interested parties.

SECTION   State Bond Commission Approval. Application is hereby formally made to the State Bond Commis_sion, Baton Rouge, Louisiana, for its consent and authority to issue and sell the aforesaid Bonds, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Governing Authority, together with a letter request_ing the prompt consideration and approval of this applica_tion.  By virtue of applicant/issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.”, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementa_tion or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

SECTION   Bond Counsel Employment.  This Governing Authority finds and determines that a real necessity exists for the employment of special bond counsel in connection with the issuance of the Bonds, and accordingly, Foley & Judell, L.L.P., as Bond Counsel, is hereby employed to do and perform comprehensive legal and coordinate professional work as bond counsel with respect to the issuance and sale of the Bonds.  Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bonds, shall counsel and advise this Governing Authority as to the issuance and sale thereof and shall furnish its opinion covering the legality of the issuance of the Bonds.  The fee of Bond Counsel shall be fixed at a sum not exceeding the maximum fee allowed by the Attorney General's fee schedule for comprehensive, legal and coordinate professional work in the issuance of revenue bonds and based on the amount of bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said Bonds.  A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Clerk is hereby empowered and directed to issue vouchers in payment for the work herein provided for upon completion of the work herein specified and under the conditions herein enumerated.

SECTION   Declaration of Official Intent.  Prior to the delivery of the Bonds, the Issuer antici_pates that it may pay a portion of the costs of the Project from the General Fund. A portion of the Project includes specifically constructing and acquiring capital improvements for the sewer collection and treatment system of the Issuer. Upon the issuance of the Bonds, the Issuer reasonably expects to reimburse any such expendi_tures of other available funds from a portion of the proceeds of the Bonds.  Any such allocation of proceeds of the Bonds for reimbursement will be with respect to capital expenditures (as defined in Reg. 1.150-1(b)) and will be made upon the delivery of the Bonds and not later than one year after the later of (i) the date such expenditure was paid or (ii) the date on which the Project was placed in service.  This Section is intended to be a declaration of official intent within the meaning of Reg. 1.150-2.

This resolution having been submitted to a vote, the vote thereon was as follows:

Lindon A. Rivet, Jr.                 __X_           ____                     ______         ________

Oscar S. Mellion                     ____           ____                     ___X__         ________

Ralph J. Stassi, Jr.                   __X_           ____                     ______          ________

Mchael W. Rivet                    __X_           ____         ______          ________

Timothy L. Martinez               __X_           ____         ______          ________

Jimmie Randle, Jr.                  __X_           ____          ______         ________

TO APPROVE RE-SUBDIVIDING OF 23450 EDEN STREET; PROPERTY OWNER: PATRICK PENDLEY.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Ralph J. Stassi, Jr., that the City of Plaquemine approve the re-subdividing of 23450 Eden Street; property owner:  Patrick Pendley.

            The foregoing was adopted by the following votes:

            Yeas: Jimmie Randle, Jr., Michael W. Rivet, Timothy L. Martinez, Ralph J. Stassi, Jr. and Lindon

                      A. Rivet, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

TO APPROVE RE-SUBDIVIDING OF 22600 MCDUFFIE STREET; PROPERTY OWNER:  JOHN MORGAN.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Michael W. Rivet, that the City of Plaquemine approve the re-subdividing of 22600 McDuffie Street; property owner:  John Morgan.

            The foregoing was adopted by the following votes:

            Yeas: Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez, Jimmie Randle, Jr. and Lindon

                      A. Rivet, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

TO APPROVE A CLASS A RETAIL LIQUOR PERMIT FOR MAC D’S SNACK SHACK; OWNER:  JAMES MACDONALD.

Item tabled until meeting of February 23, 2010.

TO ADOPT A RESOLUTION AUTHORIZING MAYOR MARK A. “TONY” GULOTTA TO APPLY

FOR A U. S.  DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN, SAFE

HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE PROGRAM GRANT.

Selectman Lindon A. Rivet, Jr., moved, seconded by Selectman Michael W. Rivet to adopt the following resolution:

RESOLUTION TO APPLY FOR U.S. Department of Justice, Office

on Violence Against Women, Safe Havens: Supervised

Visitation and Safe Exchange Program grant

WHEREAS, the City of Plaquemine has recognized the need for supervised visitation of children in situations involving domestic violence, sexual assault, dating violence, stalking, and child abuse and to host a safe exchange in our community, and

WHEREAS, the Capital Area Community Mediation Center, Inc., has requested the City of Plaquemine for assistance in obtaining a location to provide those services, and

WHEREAS, the Capital Area Community Mediation Center, Inc., has requested the City of Plaquemine to apply and act as fiscal agent regarding the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant; and

WHEREAS, the Mayor of the City of Plaquemine be authorized and empowered to submit the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant on behalf of the Capital Area Community Mediation Center, Inc.; and

THEREFORE, BE IT RESOLVED, that the City of Plaquemine will provide a suitable location for program services; and

BE IT FURTHER RESOLVED, that the City of Plaquemine, on behalf of Mayor and Plaquemine Board of Selectmen, shall apply and act as fiscal agent regarding the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant; and

BE IT FURTHER RESOLVED, that the Mayor of the City of Plaquemine is hereby authorized and empowered to sign any and all documents relating to the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant; and

BE IT FURTHER RESOLVED, that the Mayor of the City of Plaquemine is hereby authorized and empowered, on behalf of the City of Plaquemine, to enter into an agreement with Capital Area Community Mediation Center, Inc. in accordance with such terms and conditions as stipulated by the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant.

The foregoing was adopted by the following votes:

            Yeas: Jimmie Randle, Jr., Michael W. Rivet, Timothy L. Martinez, Ralph J. Stassi, Jr. and Lindon

                      A. Rivet, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

TO AMEND THE CITY OF PLAQUEMINE PERSONNEL MANUAL, SECTION 5.5 - MILITARY LEAVE ACTIVE DUTY.

            Item tabled until meeting of February 23, 2010.

COMMITTEE REPORTS.

A) Weatherization Seminar – Mayor encouraged attendance for the seminar scheduled for Thursday,

     February 25, 2010 at 12:00 noon at the Council on Aging Office.

B) Updates from Professional Engineering Consultants (PEC) Engineer Tony Arikol.

            i) Sewer Main – The plans and specifications will be sent to Department of Environmental

   Quality (DEQ) within the week and once approved will be advertised.

ii) Road Program – Due to the size of the project it may be split into several jobs, tentatively  

    scheduled for Spring 2010.

            iii) Water and Gas Line Relocation – Advertisement to receive bids are presently running with

      bids to be opened on Thursday, February 25, 2010 at 2:30 p.m.

iv)  Force Main Project and Effluent Pump Station – Approximately 5,000 feet of line has been

      installed.

v)  Spray Park – Phase II equipment has been ordered and expected to be received in the next

     few weeks.

C) Grey Monkey Parade – Mayor reported parade is scheduled for Friday, February 12, 2010 beginning at

     12:30 p.m.

TO ACKNOWLEDGE POLICE AND FIRE REPORTS FOR JANUARY 2010.

            So acknowledged.

TO APPROVE PAYROLL VOUCHERS FOR THE CITY OF PLAQUEMINE FOR JANUARY 2010.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Ralph J. Stassi, Jr., to approve payroll vouchers for the City of Plaquemine for January 2010.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Jimmie Randle, Jr., Timothy L. Martinez, Michael W. Rivet and

                      Ralph J. Stassi, Jr.

            Nays: None.

Absent: Oscar S. Mellion.

TO APPROVE MINUTES OF JANUARY 26, 2010 (SPECIAL MEETING) WITH NECESSARY CORRECTIONS.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Timothy L. Martinez, that the reading of minutes for January 26, 2010 (Special Meeting) were waived and approved as accepted with necessary corrections.

            The foregoing was adopted with the following votes:

            Yeas: Lindon A. Rivet, Jr., Jimmie Randle, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Ralph J. Stassi, Jr.

Nays: None.

            Absent: Oscar S. Mellion.

PUBLIC COMMENTS.

            No public comments at this time.

TO DISCUSS LITIGATION, POSSIBLE EXECUTIVE SESSION:

    “MORREL MORRISON, JR. V. CITY OF PLAQUEMINE, 18TH JDC, PARISH OF IBERVILLE,

    NO. 64706 “D” ”

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Timothy L. Martinez, that the City of Plaquemine go into executive session to discuss “Morrel Morrison, Jr. v. City of Plaquemine, 18th JDC, Parish of Iberville, No. 64706”D” ”.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Jimmie Randle, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

            Selectman Michael W. Rivet moved, seconded by Selectman Lindon A. Rivet, Jr., that the City of Plaquemine come out of executive session.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Jimmie Randle, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Michael W. Rivet:

RESOLUTION

            WHEREAS, the City of Plaquemine has been sued by Morrel Morrison, Jr. in that certain case entitled “Morrel Morrison, Jr. vs. City of Plaquemine, 18th Judicial District Court, Parish of Iberville, State of Louisiana, Number 64706;” and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, believe it is in the best interest of the City of Plaquemine that it settle and compromise the above identified lawsuit for the sum of EIGHTEEN THOUSAND TWO HUNDRED NINETY NINE DOLLARS AND 00/100 ($18,299.00) and other terms and conditions as set forth in the Receipt and Release of All Claims made a part hereof by reference; and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, states that its indemnity carrier, Risk Management, Inc., shall further fund the settlement in the amount of FIFTEEN THOUSAND ONE DOLLAR AND 00/100 ($15,001.00), plus reimburse the plaintiff, Morrel Morrison, court costs and expert appraiser fees; and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, hereby rescind and vacate its resolution of April 14, 2009 regarding the authority of the Mayor to compromise and settle this law suit; and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, hereby agree and consent to the settlement and compromise as set forth above; and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, hereby authorize the Mayor, the Honorable Mark A. Gulotta, to execute any and all documents necessary to effect the settlement and  compromise, when allowed by law, and  as set forth above; and

            THEREFORE, BE IT RESOLVED, that the City of Plaquemine, through its Mayor and Board of Selectmen, hereby adopt the above resolution on the terms and conditions as set forth herein.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Jimmie Randle, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

ADJOURNMENT.

Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Michael W. Rivet, that the City of Plaquemine adjourn at 7:05 p.m.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Jimmie Randle, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

CITY OF PLAQUEMINE

/s/Mark A. “Tony” Gulotta, Mayor                                 /s/Shelia H. Migliacio, MMC

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Judicial Advertisement

EIGHTEENTH JUDICIAL DISTRICT COURT         STATE OF LOUISIANA         PARISH OF IBERVILLE

February 19, 2010

PLAQUEMINE CREDIT, INC.

            vs.       Suit #   67961

JOSEPH GAUTHIER AND BRENDA GAUTHIER

Acting under and by virtue of a WRIT OF SEIZURE AND SALE dated this 27th DAY OF JULY, 2009, and directed to the Sheriff of Iberville, State of Louisiana, by the Honorable the 18th  Judicial District Court, in and for the Parish of Iberville, in the above numbered and entitled cause, I have seized and will offer for sale at Public Auction, in the lobby of the Iberville Parish Courthouse Building, Meriam Street, Plaquemine, Louisiana, Iberville Parish, between the legal hours prescribed by law, beginning at 10:00am WITH the benefit of appraisement, to the last and highest bidder on, Wednesday, March 17, 2010 the following described property, to wit:

2004 CHRYSLER AUTOMOBILE, VIN 3C4FY48B04T351807

Attorney for the Plaintiff:          RICHARD D. BANKSTON

                                                335 S. ADADIAN THRWY

                                                BATON ROUGE,   LA  70806

                                                (225) 346-1999

Note to Bidders:  100% of the highest bid is due at the time of sale

To pay and satisfy the writ issued in this case, together with costs as far as same may go.

TERMS OF SALE, cash, according to law

Advertisement dates: March 04, 2010

Brent Allain, Sheriff

by:   DENISE J. JOHNSON

Director of Civil Dept.

 PUBLIC NOTICE

THERE WILL BE A PUBLIC HEARING CONDUCTED ON

MONDAY, MARCH 15, 2010 AT 6:30 P.M. ON THE

FOLLOWING ESTABLISHMENT APPLYING FOR ITS BEER

AND/OR LIQUOR OCCUPATIONAL LICENSE FROM                                       

THE TOWN OF WHITE CASTLE:

POPINGO’S CONVENIENCE STORES, LLC/DBA/POPINGO’S #8

31890 HIGHWAY ONE

WHITE CASTLE, LA  70788

MAURICE A. BROWN, MAYOR

3/4, 11

                                          NOTICE TO BIDDERS

                                                          SP# 3511

Sealed bids will be opened and publicly read by the Purchasing Section of the Division of Administration, 1201 N. 3rd. St., 2nd. Floor, Suite 2-160, (P.O. Box 94095), Baton Rouge, Louisiana, at 10:00 A.M. for the following:

File No. Q91008H, Bid No. 2238690 – Liquid Chlorine Gas for Water Treatment for Area 2 Agencies, Mar 23

Bid proposal forms, information and specifications may be obtained by accessing the bid number in LaPac at www.doa.Louisiana.gov/osp or from the purchasing section listed above.  No bids will be received after the date and hour specified.  The right is reserved to reject any and all bids and to waive any informalities.

DENISE LEA

Director of State Purchasing

FAX (225) 342-8688

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