April 5, 2001

MEETING OF THE COUNCIL

OF THE

PARISH OF ASCENSION, DONALDSONVILLE,

APRIL 5, 2001

The Council of the Parish of Ascension met in regular session in the Parish Council Meeting Building, 304 Chetimatches Street, Donaldsonville, Louisiana, 7:00 p.m., with Council Chairman Thomas Pearce presiding.

The following members were present:

Alvin Thomas Adrian Thompson Thomas Pearce

Dudley Brown Donnell Nickens Milton Vicknair

Allison Bourque Shafter Kling Martin McConnell

Darnell Martinez

The following member was absent:

Jerry Savoy

Councilman Alvin Thomas offered the prayer and led the pledge to the flag by all present.

Moved by Milton Vicknair and seconded by Alvin Thomas, the minutes of the regular meetings of the Parish Council of February 15, 2001 and March 15, 2001 were unanimously adopted, as published.

The following items were presented under Parish President Harold Marchand’s report:

- Project

- and Louisiana 3115 Intersection - Traffic Light

- Movie Production - Ascension Parish

- OEP Concern/

- Proclamation - Flood Awareness Month

- Proclamation - Confederate History Month

- Ascension Parish Passion Play Regular Meeting - Council April 5, 2001 Page 2

Parish President Harold Marchand informed the Council the Louisiana Highway 70 project would be starting in the near future.

Parish President Marchand informed the Council the Louisiana Department of Transportation & Development had installed the traffic light at the intersection of LA HWY 30 and LA HWY 3115 and President Marchand also expressed gratitude to State Representative John “Juba” Diez for his assistance in getting this completed.

Parish President Marchand stated a movie production would be occurring in Donaldsonville at the sight of the courthouse and the old jailhouse beginning April 7 and that all legal aspects had been taken care of for this filming.

Parish President Marchand requested Secretary Sitman Loupe to give an update on the situation of the concern of the Office of Emergency Preparedness in regard to an evacuation plan for the Sunshine Bridge. Secretary Loupe stated a plan had been devised in order to accommodate traffic flow across the bridge should an emergency exist.

Parish President Marchand read aloud to all present the PROCLAMATION proclaiming April 2001 as “FLOOD AWARENESS MONTH” in the Parish of Ascension. (See Page 3)

Parish President Marchand proclaimed April 2001 as “CONFEDERATE HISTORY MONTH” in the Parish of Ascension reading aloud to all present the PROCLAMATION. (See Page 4)

Parish President Marchand reminded and invited all to attend the Ascension Parish Passion Play to be held at the Ascension Civic Center on April 8, 9 and 10, 2001.

Director of Planning and Development Barney Arceneaux presented to the Council a report from his department, giving an update of the Building & Permit Department, Subdivision Filings, Engineering Department , Economic Development and Zoning. Mr. Arceneaux also stated Revision I would be addressed by Mr. Ed Morrison of Morrison and Associates at the next regular meeting of the Council.

Councilman Donnell Nickens stated it would be necessary for the Council to rescind its action at the Council meeting of March 15, 2001, whereas James LeBlanc was appointed Constable, 3rd Justice Court, Parish of Ascension, since L. I. “Buddy” Holton’s resignation was not effective until April 1, 2001.

Moved by Donnell Nickens and seconded by Darnell Martinez, the Ascension Parish Council unanimously adopted, to rescind the motion adopted at the regular meeting of the Council on March 15, 2001, to appoint James LeBlanc as Constable, 3rd Justice Court, Parish of Ascension, effective April 1, 2001 to fill the vacancy created by the resignation of L. I. “Buddy” Holton.

Moved by Donnell Nickens and seconded by Darnell Martinez, the Ascension Parish rd Council unanimously adopted, to appoint James LeBlanc as Constable, 3 Justice Court, Parish of Ascension, effective April 1, 2001 to fill the vacancy created by the resignation of L. I. “Buddy” Holton.

Chairman Thomas Pearce recognized Constable Steve Juneau, Constable Buddy Holton, Constable Andrew LeBlanc, Justice of the Peace Dean Smith and Ms. Bertha Hastings, Iberville Parish, Louisiana Communities United, who were all in attendance at the meeting. Regular Meeting - Council April 5, 2001 Page 5

Legal Counsel Ricky Babin read aloud the entire proposed ordinance authorizing a salary increase for the Ascension Parish President.

Moved by Milton Vicknair and seconded by Donnell Nickens, the Parish Council unanimously adopted, to open the public hearing to consider an ordinance authorizing a salary increase for the Ascension Parish President.

No comments were offered from the public.

Moved by Adrian Thompson and seconded by Shafter Kling, the Council unanimously adopted, to close the public hearing.

Moved by Milton Vicknair and seconded by Dudley Brown, to adopt the ordinance authorizing a salary increase for the Ascension Parish President.

Chairman Pearce respectfully called for a roll call vote.

Having conducted a roll call vote on the motion to authorize a salary increase for the Ascension Parish President, the motion failed, with the vote thereon as follows:

YEAS: A. THOMPSON, D. BROWN, D. NICKENS, M. VICKNAIR

NAYS: A. THOMAS, A. BOURQUE, S. KLING, M. McCONNELL, D. MARTINEZ

ABSENT: J. SAVOY

NOT VOTING: T. PEARCE

Legal Counsel Ricky Babin briefed the Council on the proposed ordinance in regard to conveying movable property owned by the Parish to Entergy Louisiana, Inc.

Moved by Martin McConnell and seconded by Allison Bourque, the Parish Council unanimously adopted, to open the public hearing to consider an ordinance conveying movable property owned by the Parish of Ascension to Entergy Louisiana Inc.

No comments were offered by the public.

Moved by Milton Vicknair and seconded by Dudley Brown, the Parish Council unanimously adopted, to close the public hearing.

Regular Meeting - Council April 5, 2001 Page 6

Moved by Martin McConnell and seconded by Dudley Brown, the Parish Council unanimously adopted, the subsequent ordinance conveying movable property owned by the Parish of Ascension to Entergy Louisiana, Inc., Act of Sale of Facilities in Place, St. Jude Subdivision, Ascension Parish Lighting District No. 2:

Meeting - Council April 5, 2001 Page 8

Legal Counsel Ricky Babin briefed the Council on the proposed ordinance revoking a portion of an existing servitude on Lot 65 in Silverstone Subdivision.

Moved by Dudley Brown and seconded by Shafter Kling, the Council unanimously adopted, to open the public hearing to consider an ordinance revoking a portion of the existing 7.5’ servitude located on the westerly side of Lot 65, Silverstone Subdivision in Section 1, T9S- R2E, Southeast Land District, Ascension Parish, Louisiana.

No comments were offered from the public.

Moved by Milton Vicknair and seconded by Alvin Thomas, the Council unanimously adopted, to close the public hearing.

Regular Meeting - Council April 5, 2001 Page 9

Moved by Dudley Brown, seconded by Donnell Nickens and unanimously adopted, the subsequent ordinance revoking a portion of the existing 7.5’ servitude located on the westerly side of Lot 65, Silverstone Subdivision in Section 1, T9S-R2E, Southeast Land District, East of the , Ascension Parish, Louisiana was unanimously adopted:

Regular Meeting - Council April 5, 2001 Page 11

The Council was briefed by Legal Counsel Ricky Babin on the proposed ordinance accepting a donation of a parcel of property from Borden Chemicals and Plastics.

Moved by Darnell Martinez and seconded by Adrian Thompson, the Council unanimously adopted, to hold a public hearing on Thursday, April 19, 2001, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana, to consider an ordinance accepting a parcel of immovable property for the Parish of Ascension donated by Borden Chemicals and Plastics for use as a Community Center.

Legal Counsel Ricky Babin briefed the Council on the proposed ordinance amending the section of the Ascension Parish Code of Ordinances in regard to litter.

Moved by Donnell Nickens and seconded by Dudley Brown, the Council unanimously adopted, to hold a public hearing on Thursday, April 19, 2001, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana, to consider an ordinance amending Section 11-81, et seq., of Article IV (entitled “Litter”) of the Ascension Parish Code of Ordinances.

The Council was briefed by Legal Counsel Ricky Babin on the proposed ordinance revoking a servitude in Premier Park Subdivision.

Moved by Darnell Martinez and seconded by Dudley Brown, the Council unanimously adopted, to hold a public hearing on Thursday, April 19, 2001, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana, to consider an ordinance revoking a servitude shown on that subdivision plat of Premier Park Subdivision situated in Section 34, T9S, R2E, Ascension Parish, Louisiana by Ferris Engineering & Surveying, Inc., which begins generally at the NE corner of Lot 2 and the NE corner of Lot 3 and runs in a southwesterly direction across Lot 3 across Mission Street and ending on the southern boundary of Lot 7 near SW corner of Lot 7.

Legal Counsel Ricky Babin briefed the Council on the proposed ordinance amending the Ascension Parish Zoning Map for Johnny Byron Lato (Zoning Review I.D. No.442.01).

Moved by Milton Vicknair and seconded by Dudley Brown, the Council unanimously adopted, to hold a public hearing on Thursday, April 19, 2001, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana, to consider an ordinance amending the Ascension Parish Zoning Map from Medium Intensity Residential to High Intensity Commercial/Residential for Zoning Review ID 442.01 for Johnny Byron Lato for a certain tract of Land designated as Tract “Z7-1 of Cloverdale Subdivision, located on the SW corner of LA HWY 73 and Charlotte Avenue.

The Council was briefed by Legal Counsel Ricky Babin on the proposed ordinance amending the Ascension Parish Zoning Map for Michael and Cindy Melugin (Zoning Review I.D. No. 441.01).

Moved by Adrian Thompson and seconded by Shafter Kling, the Council unanimously adopted, to hold a public hearing on Thursday, April 19, 2001, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana, to consider an ordinance amending the Ascension Parish Zoning Map from Medium Intensity Residential to High Intensity Commercial/Residential for Zoning Review ID 441.01 for Michael and Cindy Melugin for a certain tract of land designated as Melancon Property and Tract “Y” of Cloverdale Subdivision located on the westerly side of LA HWY 73 approximately 1000’ south of Miller Road. Regular Meeting - Council April 5, 2001 Page 12

The Council was briefed by Legal Counsel Ricky Babin on the proposed ordinance amending the Ascension Parish Zoning Map for Seven Oaks Properties, L.L.C. (Zoning Review I.D. No. 440.01).

Moved by Allison Bourque and seconded by Shafter Kling, the Council unanimously adopted, to hold a public hearing on Thursday, April 19, 2001, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana, to consider an ordinance amending the Ascension Parish Zoning Map from Medium Intensity Residential to High Intensity Commercial/Residential for Zoning Review ID No. 440.01 for Prairieville Fire Department, Inc., for a certain tract designated as Tract “X” containing 2.84 acres located on the SW corner of LA HWY 73 and Miller Road.

Legal Counsel Ricky Babin briefed the Council on the proposed ordinance amending the Ascension Parish Zoning Map for Prairieville Fire Department, Inc. (Zoning Review ID No. 419.01)

Moved by Shafter Kling and seconded by Dudley Brown, the Council unanimously adopted, to hold a public hearing on Thursday, April 19, 2001, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana, to consider an ordinance amending the Ascension Parish Zoning Map from Medium Intensity Residential to High Intensity Commercial/Residential, Zoning Review ID 419.01 for the Prairieville Fire Department, Inc., for a certain tract designated as Tract “X” containing 2.84 acres located on the SW corner of LA HWY 73 and Miller Road.

Director of Planning and Development Barney Arceneaux presented to the Council Zoning Commission Recommendations from the Zoning Commission Meeting held on March 14, 2001. Director Arceneaux explained these recommendations were for their review only and the Council would be asked to act on these at their next regular meeting of April 19, 2001.

Moved by Milton Vicknair and seconded by Shafter Kling, the Council unanimously adopted, to respectfully request the Ascension Parish Department of Public Works to erect NO PARKING SIGNS at 131 Latino Drive, Donaldsonville, Louisiana.

Moved by Darnell Martinez and seconded by Adrian Thompson, the Council unanimously adopted, to accept from BYRON DECOTEAU the low base bid of $106,000, exercising the deduct alternative, thus lowering the bid to $97,535.72 (contingent upon written legal opinion from the Parish’s Legal Department to be certain the Parish is not violating the public bid laws) FOR THE ST. AMANT PARK CONCESSIONS & RESTROOMS.

Moved by Milton Vicknair and seconded by Allison Bourque, the Council unanimously adopted, to appoint Mr. George Snyder to the McElroy Swamp Steering Committee.

Councilman Allison Bourque addressed all present in regard to the legality of the use and the marking of Ascension Parish owned vehicles. Councilman Bourque read the Louisiana State Statute addressing this issue and respectfully requested the Parish Administration follow-up with properly marking all Parish-owned vehicles.

Moved by Shafter Kling and seconded by Allison Bourque, the Council unanimously adopted to accept the list of the Road Projects - 2001-RC-1 and to forward to GSA, Inc. for processing.

Regular Meeting - Council April 5, 2001 Page 13

Moved by Milton Vicknair, seconded by Allison Bourque and unanimously adopted, that the Council would recess from their regular order of business and reconvene into executive session.

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Moved by Donnell Nickens, seconded by Allison Bourque and unanimously adopted, that the Council reconvene to their regular order of business.

Council Chairman Pearce stated in executive session it was moved by Darnell Martinez, seconded by Adrian Thompson and unanimously adopted, to authorize Legal Counsel to enter into a settlement agreement in the case of Marla Hymel versus Ascension Parish.

Moved by Shafter Kling and seconded by Martin McConnell, the Council unanimously adopted, to request a 2/3’s majority vote of the Council to add an item to the agenda in regard to expropriation of property.

Upon receiving a 2/3’s majority vote of the Council, it was moved by Shafter Kling, seconded by Darnell Martinez and unanimously adopted, that the Ascension Parish Council respectfully request the Louisiana Legislative Delegation to add Ascension Parish to House Bill 349, allowing a change in the expropriation statute allowing the use of “a declaration of taking”.

There being no further business to come before the Council of the Parish of Ascension, Louisiana, upon motion duly made, seconded and carried, the meeting adjourned at 8:05 p.m.

______SECRETARY CHAIRMAN