WEST BATON ROUGE PARISH COUNCIL
REGULAR MEETING – WEDNESDAY, MARCH 11, 2009
WEST BATON ROUGE PARISH COUNCIL/GOVERNMENTAL BUILDING
880 NORTH ALEXANDER AVENUE, PORT ALLEN, LOUISIANA
6:30PM
The Regular Meeting of the West Baton Rouge Parish Council was held on Wednesday, March 11, 2009 and called to order. At this time Council Chairman Randal Mouch requested that all electronic devices be silenced and recognized Lou Delahaye, who led everyone in the pledge of allegiance.
Roll call vote was taken with the following members being present:
Mr. Jeff “Petit” Kershaw, Ms. Charlene Gordon, Messrs. Ricky Loupe, Randal “Randy” Mouch, Gary “Sprout” Spillman, Phil Porto, Jr., Mrs. Alethea “Lisa” Johnson, Mr. Edward G. “Bob” Robertson
Absent:Mr. Keith K. “Keedy” Washington, Sr.
Parish President Riley Berthelot, Jr. was also present.
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A motion was made by Mr. Gary Spillman, seconded by Mrs. Alethea Johnson to approve the minutes of the Regular Meetings of February 12, 2009 and February 26, 2009 as published in the Parish Official Journal.
Roll call vote on the motion was recorded as follows:
YEAS:8 (Mr. Porto, Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon, Messrs. Loupe, Mouch, Spillman)
NAYS:0 (None)
ABSENT:1 (Mr. Washington)
As a result of the roll call vote the motion was unanimously adopted by those members present.
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Executive Assistant Jason Manola was recognized, reviewed the bids received and opened 3/3/09 for purchase of hydraulic track excavator, requested and recommended acceptance of the low bid of Quest Construction at $108,492.00.
A motion was made by Mr. Jeff Kershaw, seconded by Mr. Gary Spillman to accept the low bid of Quest Construction for purchase of One New Hydraulic Track Excavator at base bid of $108,492.00 as recommended by the Administration (tabulation sheet appears elsewhere in these minutes), and authorizing the Parish President to sign the documentation for same.
Roll call vote on the motion was recorded as follows:
YEAS:8 (Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon, Messrs. Loupe, Mouch, Spillman, Porto)
NAYS:0 (None)
ABSENT:1 (Mr. Washington)
As a result of the roll call vote the motion was unanimously adopted by those members present.
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Riley Berthelot, Jr. was recognized and introduced American Red Cross Representative Kendall Coye Hebert. Mr. Berthelot read proclamation into the minutes commemorating the Louisiana Capital Area Red Cross Chapter of the American Red Cross’ essential humanitarian roll and declaring March 2009 as “Louisiana Red Cross Month” within West Baton Rouge Parish.
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At this time Parish President Riley Berthelot, Jr. was recognized and read his state of the parish address as required by Home Rule Charter, a copy of which appears elsewhere in these minutes. There were no questions.
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President Berthelot was recognized under item 8 (consider any amendments to the agenda) and requested amending tonight’s agenda to consider advertising for bids for water-well to be funded through EDAP Program.
A motion was made by Mr. Ricky Loupe, seconded by Ms. Charlene Gordon to amend tonight’s agenda to consider advertising for bids for water-well to be funded through EDAP grant.
Roll call vote on the motion was recorded as follows:
YEAS:8 (Messrs. Robertson, Kershaw, Ms. Gordon, Messrs. Loupe, Mouch, Spillman, Porto, Mrs. Johnson)
NAYS:0 (None)
ABSENT:1 (Mr. Washington)
As a result of the roll call vote the motion was unanimously adopted by those members present.
Utilities Director Daryl Babin was recognized and explained that Professional Engineering Consultants Corporation (PEC) recommended requesting authorization to advertise for bids for new water-well site near jail, and confirmed grant amount of 1.2 million.
A motion was made by Mr. Phil Porto, Jr., seconded by Ms. Charlene Gordon to authorize advertising for bids for new water-well through EDAP grant.
Roll call vote on the motion was recorded as follows:
YEAS:8 (Mr. Kershaw, Ms. Gordon, Messrs. Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Mr. Robertson)
NAYS:0 (None)
ABSENT:1 (Mr. Washington)
As a result of the roll call vote the motion was unanimously adopted by those members present.
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Public comments were requested from the audience at this time. Erwinville Deputy Fire Chief Robby Smith was recognized to request permission for donation of 2 surplus fire trucks to the Ethel Volunteer Fire Department. Brief discussion held on concurrence from the Parish Attorney.
A motion was made by Mrs. Alethea Johnson, seconded by Mr. Gary Spillman to amend tonight’s agenda to consider the Erwinville fire department’s request for permission to donate 2 surplus fire trucks to the Ethel Volunteer Fire Department.
Roll call vote on the motion was recorded as follows:
YEAS:8 (Messrs. Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon)
NAYS:0 (None)
ABSENT:1 (Mr. Washington)
As a result of the roll call vote the motion was unanimously adopted by those members present.
A motion was made by Mrs. Alethea Johnson, seconded by Mr. Gary Spillman to allow the Erwinville Fire Department to donate 2 surplus trucks (1975 Ford truck and 1986 Mini Pumper) to the Ethel Volunteer Fire Department, contingent upon concurrence from the Parish Attorney.
Roll call vote on the motion was recorded as follows:
YEAS:8 (Ms. Gordon, Messrs. Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Messrs. Robertson, Kershaw)
NAYS:0 (None)
ABSENT:1 (Mr. Washington)
As a result of the roll call vote the motion was unanimously adopted by those members present.
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Chairman Mouch announced that the Public Hearing was in order at this time and all interested persons were invited to appear and be heard regarding adoption of the 2009 Budget Amendments for General Fund and Capital Outlay Revenues and Expenditures. Mr. Manola was recognized, reviewed and clarified the fund transfers.
Comments from the public were requested and there were none. No interested citizens appeared either for or against said budget amendments. No written protests opposing the budget amendments were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 14 of 2009 appears elsewhere in these minutes.
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The following ordinance was offered by Mr. Jeff Kershaw, seconded by Mr. Ricky Loupe
ORDINANCE NO. 14 OF 2008
AN ORDINANCE ADOPTING THE 2009 BUDGET AMENDMENTS FOR REVENUES, EXPENDITURES FOR GENEAL FUND AND CAPITAL OUTLAY FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009 FOR COUNCIL FUNDS
BE IT ORDAINED by the Council of the Parish of West Baton Rouge Louisiana, in regular session convened that:
SECTION 1: The attached detailed 2009 budget amendments to estimate of revenues by departments for the fiscal year beginning January 1, 2009, and ending December 31, 2009 be and the same is hereby adopted to serve as an operating budget of revenues for the Parish during the said period.
SECTION 2: The attached detailed 2009 budget amendments to estimate of expenditures by departments for the fiscal year beginning January 1, 2009, and ending December 31, 2009, be and the same is hereby adopted to serve as budget of expenditures for the Parish during the said period.
SECTION 3: The adoption of these 2009 year end adjustments to operating budget of revenues and expenditures be and the same is hereby declared to operate as an appropriation of the amount therein set forth within the terms of the budget classifications.
SECTION 4: Amounts are available for expenditures only to the extent included with the 2009 budget.
The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote:
YEAS:8 (Messrs. Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon)
NAYS:0 (None)
ABSENT:1 (Mr. Washington)
WHEREUPON the ordinance was declared adopted on the 11th day of March, 2009.
ATTEST:
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/s/Sharon Zito, Council Clerk
CERTIFICATE
I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council.
I further certify that the above and foregoing is a true and correct copy of an ordinance adopted by the West Baton Rouge Parish Council in regular session on the 11th day of March, 2009.
I further certify that the above and foregoing ordinance was submitted to the Parish President at 2:05 o’clock PM on the 12thday of March, 2009.
IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana on this 12th day of March, 2009.
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/s/Sharon Zito, Council Clerk
PRESIDENT’S APPROVAL OR VETO
I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 12th day of March, 2009.
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/s/Riley Berthelot, Jr., Parish President
COUNCIL CLERK’S RETURN RECEIPT
I certify that the above and foregoing ordinance was received from the Parish President at 3:40 o’clock PM on the 12thday of March, 2009.
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/s/Sharon Zito, Council Clerk
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Chairman Mouch announced that the Public Hearing was in order at this time and all interested persons were invited to appear and be heard regarding adoption of the ordinance to amend Appendix A Purchase/donation of real property from Addis Memorial Post #3785, Veterans of Foreign Wars and lease of same. Mr. Berthelot stated project had been discussed for several months, but would be happy to answer any questions. Mr. Spillman clarified fund transfers.
Comments from the public were requested and there were none. No interested citizens appeared either for or against said budget amendments. No written protests opposing the budget amendments were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 15 of 2009 appears elsewhere in these minutes.
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The following ordinance was offered by Mr. Ricky Loupe, seconded by Ms. Charlene Gordon
ORDINANCE NO. 15 OF 2009
AN ORDINANCE AMENDING THE COMPILED ORDINANCES, PARISH OF WEST BATON ROUGE, LOUISIANA, AMENDING APPENDIX A. PURCHASE/DONATION OF REAL PROPERTY AND FURTHER AUTHORIZING THE PARISH PRESIDENT TO SIGN NECESSARY DOCUMENTATION TO PURCHASE, ACCEPT A DONATION AND LEASE THE FOLLOWING DESCRIBED PROPERTIES.
NOW THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, in legal session, that Appendix A. Purchase/Donation of Real Property in the Compiled Ordinances of the Parish of West Baton Rouge, Louisiana, is amended and re-enacted to read as follows:
Appendix A. Purchase/donation of property from the Veterans of Foreign Wars as described below:
Purchase the following described property from the Addis Memorial Post #3785, Veterans of Foreign Wars of the United States, Inc. for the sum of $50,000.00.
A certain lot or parcel of land, together with all rights, ways, privileges and servitudes thereunto appertaining, lying, being and situated in the Village of Addis, Parish of West Baton Rouge, State of Louisiana, and forming a part of Section 28, T8S, R12E, having a front on the southerly side of Myhand Street of 191.75 feet by a depth on its easterly line of 210 feet, on its westerly line of 209.79 feet and with a width in the rear of 210.11 feet, containing 0.97 acres. Said tract is shown on map of survey, prepared by Alton F. Anderson, R. L. S. of date October 5, 1977, copy of which is hereto attached on which map said lot is designated as “A”. Bounded north by Myhand Street, south by property now of the Police Jury of West Baton Rouge Parish, east by V.F.W. Post 3785 and west by Tract B of the said Anderson survey. Acquired by Anna M. Allain partly by inheritance from her deceased parents, W. C. Myhand and Aimee D. Myhand, and partly by Act of Exchange of record in book 146, entry 209, Conveyance Records of West Baton Rouge Parish, Louisiana.
Accept the donation of the following described property from the Addis Memorial Post #3785, Veterans of Foreign Wars of the United States, Inc. After acceptance of the donation by the Parish of the following described property, the Parish shall lease the following described property to the Addis Memorial Post #3785, Veterans of Foreign Wars of the United States, Inc. for an initial term of twenty-five (25) years and under other terms and conditions as determined by the Parish President.
One (1) certain lot or parcel of ground located, lying and being situated in Section 28, Township 8 South, range 12 East, Parish of West Baton Rouge, State of Louisiana, and being more particularly described as follows:
Beginning at a point on the South side of the public road which point is Three Hundred Eighty (380') feet West of the right of way of the Texas & Pacific Railway Company; thence run West along the South side of said public road, a distance of Two Hundred Ten (210') fee with a depth of Two Hundred Ten (210') feet between equal and parallel lines; and being bounded on the North by the public road, on the East by a 20-foot private road, and on the South and West by lands now or formerly belonging to William Myhand, containing One (1) acre, more or less. Together with all rights, ways, privileges and servitudes thereto attached or in any wise thereto appertaining.
THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, that this ordinance shall become effective thirty (30) days after advertisement in the Parish Official Journal pursuant to Section 2-12 (C) of the Home Rule Charter.
NOW THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety.
NOW THEREFORE BE IT FURTHER ORDAINED by the Parish Council of the Parish of West Baton Rouge, Louisiana, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not effect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items, or applications of this ordinance are hereby declared severable.
The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote:
YEAS:8 (Messrs. Mouch, Spillman, Porto, Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon, Mr. Loupe)
NAYS:0 (None)
ABSENT:1 (Mr. Washington)
WHEREUPON the ordinance was declared adopted on the 11th day of March, 2009.
ATTEST:
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/s/Sharon Zito, Council Clerk
CERTIFICATE
I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council.
I further certify that the above and foregoing is a true and correct copy of an ordinance adopted by the West Baton Rouge Parish Council in regular session on the 11th day of March, 2009.
I further certify that the above and foregoing ordinance was submitted to the Parish President at 2:05 o’clock PM on the 12thday of March, 2009.
IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana on this 12th day of March, 2009.
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/s/Sharon Zito, Council Clerk
PRESIDENT’S APPROVAL OR VETO
I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 12thday of March, 2009.
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/s/Riley Berthelot, Jr., Parish President
COUNCIL CLERK’S RETURN RECEIPT
I certify that the above and foregoing ordinance was received from the Parish President at 3:40 o’clock PM on the 12th day of March, 2009.
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/s/Sharon Zito, Council Clerk
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Mr. Berthelot state the project engineer had requested substantial completion on the Westport Sewer System effective March 11th, andconfirmed that the system was on-line, and running. Mr. Spillman clarified location. Mr. Loupe clarified punch list items.
A motion was made by Mr. Gary Spillman, seconded by Mr. Phil Porto, Jr. to approve the Certificate of Substantial Completion for the Westport Wastewater Treatment Plant Expansion (Tullier Services, LLC) as of March 11, 2009 as recommended by the project engineer and Administration, and authorizing the Parish President to execute same, contingent upon contractor completing the punch list items.
Roll call vote on the motion was recorded as follows:
YEAS:8 (Messrs. Spillman, Porto, Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon, Messrs. Loupe, Mouch)
NAYS:0 (None)
ABSENT:1 (Mr. Washington)
As a result of the roll call vote the motion was unanimously adopted by those members present.
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Riley Berthelot, Jr. was recognized under Parish President’s Report and provided status report on the riding arena project.
Mr. Berthelot announced following meetings schedule:
Louisiana Recovery Authority 3/16/09 regarding availability of community development block grant funding;
Baton Rouge Loop public hearing 3/26/09 from 4:00 – 7:00PM at the AddisCommunity Center;
Keep West Baton Rouge Beautiful clean-up of Highway 415 and La 1 areas 4/25/09 from 9:00AM to noon;
“Celebration of Tourism” 3/12/09 at the West Baton Rouge Parish Convention & Visitors Bureau;
Capital Region Planning Commission 3/16/09 at AddisCommunity Center.
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At this time Randal Mouch was recognized under Council Chairman’s Report and congratulated the following teams on accomplishments:
Brusly High School Wrestling Team on winning sixth state champion;
PortAllenHigh SchoolBoys Basketball Team on state playoff quarter finals.
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Mr. Berthelot explained resolution authorizing cooperative agreement with state facility planning for water distribution improvements project and requested approval. Said resolution appears elsewhere in these minutes.
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The following resolution was offered by Mr. Gary Spillman, seconded by Mr. Phil Porto, Jr.
RESOLUTION
A Resolution designating Parish President Riley Berthelot, Jr. to act on behalf of the Parish of West Baton Rouge in all matters pertaining to Cooperative Agreement between the State of Louisiana and the Parish of West Baton Rouge for State Project No. 50-J61-08B-01 (Water Distribution Improvements), including certifying requests for state disbursements
WHEREAS, to satisfy prerequisite for the disbursement of state funds in connection with the state project for the Water Distribution Improvements.
NOW THEREFORE BE IT RESOLVED that the West Baton Rouge Parish Council does hereby designate Parish President Riley Berthelot, Jr. to act on behalf of the Parish in all matters pertaining to Cooperative Agreement between the State of Louisiana and the Parish of West Baton Rouge for State Project No. 50-J61-08B-01 (Water Distribution Improvements), including certifying requests for state disbursements.