August 3, 1995

MEETING OF THE COUNCIL OF THE PARISH OF ASCENSION, DONALDSONVILLE, AUGUST 3, 1995

The Council of the Parish of Ascension met this day in Regular Session in the Governmental Building, 304 Chetimatches Street, Donaldsonville, Louisiana, 7:00 p.m. with Chairman Thomas Pearce presiding. The following members were present: Raymond Julien Joseph Pierre Milton Vicknair Shafter Kling Thomas Pearce Gilbert Buratt Allison Bourque Jerry Savoy Marvin Braud The following members were abse nt: Robert Odom Darnell Martinez President Tommy Martinez was also present. Opening prayer was offered by District 3 Councilman Joseph Pierre followed by the pledge to the flag by all present. Moved by Milton Vicknair, seconded by Jerry Savoy, the minutes of the May 22, 1995 and June 15, 1995 meetings were unanimously adopted as published. Legal Advisor Ralph Tureau stated that the existing Mobile Home Parks Ordinance adopted in 1985 was a very comprehensive Ordinance, and upon a review requested by the Parish Council there were three (3) amendments to be considered: 1. The Ascension Parish Planning and Zoning Commission be authorized to approve applications. 2. Allowance for non -hard surface roads. 3. Reduction of the required width of roads from 60 feet to 40 feet. Moved by Allison Bourque, seconded by Joseph Pierre and unanimously adopted, to open the Public Hearing called to consider an Ordinance amending the Mobile Home Park Ordinance. No comments were heard from the public. Moved by Shafter Kling, secon ded by Jerry Savoy and unanimously adopted, to close the Public Hearing. Moved by Shafter Kling, seconded by Jerry Savoy, the subsequent Ordinance amending the Mobile Home Park Ordinance was adopted as follows: The foregoing Amendment to the Mobile Home Park Ordinance was put to a vote as follows: YEAS: 8(R. Julien, J. Pierre, G. Buratt, T. Pearce, A. Bourque, S. Kling, J. Savoy, M. Braud) NAYS: 1(M. Vicknair) ABSENT: 2(R. Odom, D. Martinez) Moved by Allison Bourque, seconded by Marvin Braud and unanimously adopted to open the Public Hearing called to consider an Ordinance revoking a servitude dedication in Greenside Estates Subdivision. No comments were heard from the public. Moved by Joseph Pierre, seconded by Allison Bourque and unanimously adopted, to cl ose the Public Hearing. Moved by Allison Bourque, seconded by Shafter Kling, the subsequent Ordinance was unanimously adopted: ORDINANCE AUTHORIZING REVOCATION OF DEDICATION OF SERVITUDE BE IT ORDAINED that The Parish of Ascension, through its President, T ommy Martinez, is hereby authorized to execute a Revocation of Servitude Dedication of a Ten (10) Foot Access Servitude between Lots Four (4) and Five (5) of Greenside Estates Subdivision as shown on the subdivision plat, of John P. Earles, III, R.L.S., da ted September 16, 1993, revised March 11, 1994, filed in the records of Ascension Parish; said servitude never having been used by the parish, nor is said servitude necessary. (Copy of Revocation of Servitude Dedication attached hereto) Moved by Marvin Braud, seconded by Jerry Savoy and unanimously adopted, to open the Public Hearing called to consider an Ordinance revoking the utility servitude placed on the map of Manchac Crossing Subdivision, First Filing. No comments were heard from the public, whereupo n it was unanimously agreed to close the Public Hearing. Moved by Allison Bourque, seconded by Shafter Kling the subsequent Ordinance was unanimously adopted: STATE OF LOUISIANA PARISH OF ASCENSION REVOCATION OF SERVITUDE DEDICATION BE IT KNOWN, that on this 3rd day of August, 1995, before me, the undersigned authority, and in the presence of the undersigned competent witnesses, PERSONALLY CAME AND APPEARED: THE PARISH OF ASCENSION herein represented by Tommy Martinez, President of The Parish of Ascension, duly authorized by ordinance of The Parish Council, a copy of which is attached hereto and made part hereof; who declared that by a survey of MANCHAC CROSSING, FIRST FILING by McLin Land Surveying, Inc. dated January 30, 1995, recorded in the records of As cension Parish, shows a Seven and one -half (7.5') Foot Utility Servitude along the northeast boundaries of Lot 117 and of Lot 118 of Manchac Crossing, First Filing; That purchasers desire to purchase Lots 117 and 118, placing a residence at the location wh ere the 7.5 -Foot Utility Servitude appears, but which is no longer needed; Because the map recorded shows a 7.5 -Foot Servitude along the northeast boundary of Lots 117 and 118, said servitude was legally dedicated for the use of the parish, its citizens and other members of the public; Notwithstanding the above language and survey duly recorded, The Parish of Ascension has never accepted or used the dedication of the 7.5 -Foot Servitude; The above described 7.5 -Foot Servitude is now on property owned by MANCHAC CROSSING, INC., which desires to sell those lots; and Appearer therefore does by these presents forever revoke, cancel and set aside the dedication of the seven and one -half (7.5') Foot Utility Servitude located on the northeast boundary of Lot 117 a nd Lot 118 of Manchac Crossing, First Filing; all as is shown according to the map and plan of survey of said subdivision duly recorded in the records of Ascension Parish, prepared by McLin Land Surveying, Inc., dated January 30, 1995, a copy of which is a ttached hereto and made a part hereof by reference. THUS DONE AND SIGNED on the date first above written, in the Parish of Ascension, State of Louisiana, in the presence of the two undersigned competent witnesses, who sign these presents with the appearers and me, notary, after due reading of the whole. THE PARISH OF ASCENSION: ______BY: TOMMY MARTINEZ, PRESIDENT Upon receiving a unanimous vote to bring up a non -agenda item, Legal Advisor Ralph Tureau introduced an Ordinance authorizing the revocation o f servitude dedication in Arrowhead Subdivision. Moved by Jerry Savoy, seconded by Allison Bourque and unanimously adopted, to call a Public Hearing to be held Thursday, August 17, 1995 at 7:00 p.m. in the Council Meeting Room, Courthouse East, Gonzales, L ouisiana to consider an Ordinance authorizing the revocation of servitude dedication in Arrowhead Subdivision. Legal Advisor Ralph Tureau introduced an Ordinance authorizing the Ascension Parish Council to purchase land presently leased from St. Amant Prop erties, Inc. and to sign an option to purchase additional land adjacent to the aforementioned property also owned by St. Amant Properties, Inc. The Ordinance would also authorize the Parish Council to apply to the State Bond Commission for approval to incu r indebtedness. Moved by Jerry Savoy, seconded by Milton Vicknair and unanimously adopted, to call a Public Hearing to be held Thursday, August 17, 1995, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana to consider an Ordinance authorizing the Parish of Ascension to enter into a Sale with Mortgage and an Option to Purchase Agreement with St. Amant Properties, Inc. President Tommy Martinez stated that the funds had previously been allocated in the 1995 Budget for the purchase of t he land. He also stated that the Parish is anticipating a $50,000 grant from the State of Louisiana, off-setting the cost of the land purchase from St. Amant Properties, Inc. Legal Advisor Ralph Tureau introduced an Ordinance authorizing the Ascension Pari sh Council to purchase property located in Sorrento, Louisiana for use by the Ascension Parish Health Unit. Moved by Milton Vicknair, seconded by Joseph Pierre and unanimously adopted, to call a Public Hearing to be held on Thursday, August 17, 1995, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana to consider an Ordinance authorizing the Ascension Parish Council to purchase approximately two acres of property located in Sorrento, Louisiana for use by the Ascension Parish Health Unit. Legal Advisor Ralph Tureau introduced an Ordinance amending the existing Grass and Weeds Ordinance. Mr. Tureau explained that the only recourse the Parish previously had in regards to collecting grass cutting fees was to file a lien against the owner 's property; but with the enactment of State Legislative Act 62, the Parish Assessor's office is now authorized to add the fees to the property owners ad -valorem tax bills if charges remain unpaid. Moved by Milton Vicknair, seconded by Shafter Kling and unanimously adopted, to call a Public Hearing to be held Thursday, August 17, 1995, 7:00 p.m., in the Council Meeting Room, Courthouse East, Gonzales, Louisiana to consider an Ordinance amending the Ascension Parish Grass and Weeds Ordinance. Chairman Thomas Pearce recognized Mr. Dan Lennie of Acadian Ambulance Service, Inc. who presented a brief synopsis of services provided to Ascension Parish residents. Acadian Ambulance now services a twenty -five parish area with a $60,000,000 budget employing twenty - one Ascension Parish residents and servicing over 5,000 memberships. Moved by Joseph Pierre, seconded by Marvin Braud and unanimously adopted, to award the bid for additions to the Ascension Parish Library, Gonzales, Louisiana, to the low bidder, Stafford Construction in the amount of $526,500.00, as recommended by Architect Henry Chauvin. Moved by Shafter Kling, seconded by Milton Vicknair, the following Certificate of Substantial Completion for the Ascension Parish Health Unit, St. Amant, Louisiana was unanimously adopted, as recommended by Architect Henry Chauvin:

IMAGE 6: CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: Re -bid Ascension Parish Health Unit

Upon receiving a unanimous vote to bring up a non -agenda item, it was moved by Allison Bourque, secon ded by Jerry Savoy and unanimously adopted, to call a Public Hearing on Thursday, August 17, 1995, 7:00 p.m. in the Council Meeting Room, Courthouse East, Gonzales, Louisiana to consider an amendment to the Ordinance appropriating the 1995 Budget, to allow for the purchase of necessary equipment and furniture required for the St. Amant Health Unit. Moved by Shafter Kling, seconded by Milton Vicknair, the following Certificate of Substantial Completion for the 11th Road Improvement Project - Phase II was una nimously adopted, as recommended by Engineer Mark Debossier:

IMAGE 7: CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: 11th Road Improvements Program Phase II

IMAGE 8: CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: 11th Road Improvements Program Phase II (Continued)

At the request of Mark Debossier of Glenn Shaheen & Associates and upon receiving a unanimous vote to bring up a non agenda item it was moved by Marvin Braud, seconded by Joseph Pierre and unanimously adopted, to authorize the following Change Order to the 11th Road Improvements Program, Phase II, as recommended by Parish Engineer Glenn Shaheen & Associates:

IMAGE 9: CHANGE ORDER PROJECT: 11th Road Improvements Program Phase II

Moved by Raymond Julien, seconded by Allison Bourque and unanimously resolved, that the Ascension Parish Council hereby endorses the attached Resolution duly adopted by the City of Donaldsonville requesting State Funding for the purpose of providing a Master Plan for future economic growth in the City of Donald sonville. Legal Advisor Ralph Tureau introduced a Resolution authorizing Parish Water Company to disconnect water service in Country Ridge Subdivision for non payment of sewer fees, after compliance with all proper state laws and procedures. Moved by Marvi n Braud, seconded by Jerry Savoy, the subsequent Resolution was unanimously adopted:

COUNTRY RIDGE SUBDIVISION BE IT RESOLVED that, pursuant to the Country Ridge Subdivision ordinance adopted by the Ascension Parish Council on April 6, 1995 authorizing Pa rish Water Company, Inc. to collect the monthly sewer user fee from users in Country Ridge Subdivision, if a customer is over sixty (60) days delinquent, Parish Water Company, Inc. is authorized to disconnect water service after compliance with all proper state laws and procedures. The Parish of Ascension will send a list of those customers over sixty (60) days in arrears to Parish Water Company, Inc. who will notify the customers. Moved by Milton Vicknair, seconded by Joseph Pierre, the following Resolutio n was unanimously adopted:

SUGAR PROGRAM RESOLUTION To memorialize the United States Congress, and in particular the Louisiana congressional delegation, to maintain and continue the federal support programs for sugar, the loss of which would greatly affect the state's sugar industry and therefore the state and local economies. WHEREAS, the nation's sugar program provides four hundred twenty thousand jobs, and gives consumers a stable supply of sugar at a fair price; and WHEREAS, the American consumer pays thirty -nine cents per pound for white sugar compared to a world average of forty -one cents per pound with a price of fifty -five cents per pound in developing countries; and WHEREAS, in Louisiana the sugar industry employs thirty -two thousand persons, directly or indirectly, from the grower to the refiner and the cane industry has a one billion seven hundred million dollars impact on the state's economy; and WHEREAS, in 1994, eight hundred sugar producers in twenty -two Louisiana parishes harvested three hundred fifty -two thousand acres of sugarcane; and WHEREAS, the sugar program cost the U.S. taxpayers "0" and in fact it enhances the national budget through marketing assessment by over thirty million dollars per year; and WHEREAS, congress is considering legislation to repeal the sugar program, which would end price supports for sugar; and WHEREAS, without the programs, prices would drop and many American farmers would go out of business, and they, their families, neighbors and friends would suffer greatly; and WHEREAS, U.S. sugar farmers can compete with growers from other nations, but not other nations governments; and WHEREAS, the money expended by each farmer is spent at local establishments including grocery stores, feed and seed stores, equipment and automobile dealers, and other area merchants; therefore, state and local economies will feel the impact of the loss of the federal sugar program. THEREFORE, BE IT RESOLVED that the Ascension Parish Council does hereby memorialize the United States Congress, and in particular the Louisiana congressional delegation, to maintain and continue the federal support programs for sugar, the loss of which would greatly affect the state's sugar industry and therefore the state and local economies. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the presiding officers of the Senate and the House of Representatives of the Congress of the United States of America and to each member of the Louisiana congressional delegation. Moved by Joseph Pierre, seconded by Allison Bourque and unanimously adopted, that the Parish Council go into Executive Session. ------Moved by Allison Bourque, seconded by Jerry Savoy and unanimously adopted, that the Council return to their regular order of business. Chairman Pearce announced that the purpose of the Executive Session was to discuss litigation entitled Vulcan Materials Company, et al versus Ascension Parish Police Jury, et al and Albertina Parms, Genovia Robinson, et al versus Ascension Parish Police Jury. Moved by Joseph Pierre, seconded by Raymond Julien and unanimously adopted, to authorize a contract extension for Michael Osborne in the matter entitled Vulcan Materials Company, et al versus Ascension Parish Police Jury et al for an additional year not to exceed Ten Thousand Dollars ($10,000.00). Moved by Joseph Pierre, seconded by Raymond Julien and unanimously adopted, to tender the Parish's self-insured retention in the case of Albertina Parms, Genovia Robinson et al versus Ascension Parish Police Jury as recommended by Attorney Dwight Poirrier. The following items were introduced under President Tommy Martinez's report: Storm Update Request Department of Transportation and Development signal light at Louisiana Highway 929 and Extension of Reine Road (900 feet) Letter of Recognition - City of Gonzales Letter - Department of Transportation and Development Highways 405, 944, 308 and 18 Federal Grant - Feasibility study to four lane Highway 42 President Tommy Martinez expressed his gratitude to the members of the Ascension Parish Emergency Response Committee during the recent hurricane threat. Moved by Jerry Savo y, seconded by Allison Bourque and unanimously adopted, to respectfully request the State of Louisiana, Department of Transportation and Development to install a signal light at the intersection of Ascension Parish Louisiana Highway 929 and Louisiana Highway 42. Moved by Joseph Pierre, seconded by Milton Vicknair and unanimously adopted, to authorize a 900 foot extention of Reine Road located in district 6 of Ascension Parish, as recommended by Public Works Director Frank Frederic. President Tommy Martinez recognized Councilman Marvin Braud who read aloud a letter from Gonzales Mayor Johnny Berthelot and the City Council thanking President Martinez and the Parish Council for their efforts in moving Ascension Parish in the right direction. He praised the Coun cil for projects being completed on a priority basis and assured continued cooperation from the City of Gonzales. Moved by Raymond Julien, seconded by Marvin Braud and unanimously resolved, to send Mayor Johnny Berthelot, City of Gonzales, a Resolution on behalf of the Parish Council thanking him for his expression of gratitude. President Tommy Martinez read aloud a letter from General Jude Patin, State of Louisiana, Department of Transportation and Development notifying Ascension Parish that repair work would commence during the latter part of July, 1995 on Louisiana Highway 405, Highway 944, Highway 308 and Highway 18. President Tommy Martinez stated that he had been notified by Mr. Cliff Palmer of Senator John Bennett Johnston's office that Ascension Pari sh would be receiving a two -hundred twenty -five thousand dollar ($225,000.00) grant to fund a feasibility study to four -lane Louisiana Highway 42 from Louisiana Highway 44 to U.S. Highway 61 and to extend Highway 42 to Interstate 10. 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 8:25 p.m.

______CHAIRMAN SECRETARY