Livingston, Louisiana March 13, 2008 The Livingston Parish Council met in regular session duly called, advertised and convened at its regular meeting place, the Parish Council Office, on Thursday, March 13, 2008, at the hour of 6:00 o clock p.m. with the following members present: Marshall Harris A. Buddy Mincey Randall Rushing Ronald Sharp Eddie Wagner Cindy Wale Thomas Watson Don Wheat Jimmie McCoy, Chairman Also present: Parish President Mike Grimmer Parish Legal Advisor Blayne Honeycutt, Fayard & Honeycutt PUBLIC INPUT The chair announced that Public Input would be accepted from any member of the audience wishing to address an agenda item. The chair directed anyone wishing to speak on an agenda item to stand and wait to be recognized when that agenda item is opened for discussion. LPR NO. 08-144 MOTION was offered by A. Buddy Mincey and duly seconded by Cindy Wale to dispense with the reading of the minutes of the regular meeting of the Livingston Parish Council dated February 28, 2008, and adopt as written. Councilwoman Cindy Wale left the meeting and was not present for the following one (1) vote: LPR NO. 08-145 The following proclamation was offered by Ronald Sharp and duly seconded by Don Wheat: AMERICAN RED CROSS MONTH 2008 PROCLAMATION Each year during the month of March we formally recognize the Louisiana Capital Area Chapter of the American Red Cross and its essential humanitarian role in Livingston Parish. We honor the role of the Red Cross s contribution to making Livingston a better place. Every day, Red Cross volunteers and employees carry out their mission by providing essential services to people in their communities with the help of generous donors in Livingston Parish. For more than 90 years, we have relied on the expertise of the American Red Cross in disaster relief. Each year, the American Red Cross in the capital area responds to an estimated 450 disasters including house or apartment fires, hurricanes, and other natural and human caused disasters. The Louisiana Capital Area Chapter in Livingston Parish makes every effort to save lives long before tragedy strikes by helping individuals and entire communities learn to prepare for disasters. It prepares people to save lives through first aid and CPR training, water safety, and use of automated external defibrillators (AEDs) to save victims of sudden cardiac arrest. Over the past year, nearly 11,000 people have enrolled in American Red Cross preparedness courses in our area. Under its Congressional Charter, the American Red Cross is entrusted with providing volunteer aid in time of war to the sick and wounded of the armed forces. Staff members deploy with our Armed Forces to provide emergency communications and a caring presence to service men and women separated from their families. The local American Red Cross has provided more than 1,100 services to the Armed Forces for active duty personnel and their families over the past year. Without the help of Red Cross volunteers, who constitute more than 90 percent of their total work force, the American Red Cross would not be able to fulfill the humanitarian mission that is the cornerstone of the organization. We are grateful for the tireless work of the volunteers and employees of the Louisiana Capital Area Chapter, and during this month, we pay tribute to this
remarkable organization and all those who have answered the call to serve a cause greater than self and offered support and healing in times of need. NOW, THEREFORE, I, MIKE GRIMMER, Parish President of Livingston Parish, by virtue of the authority vested in me by the Constitution and laws of Livingston Parish do hereby proclaim March 2008 as American Red Cross Month. Especially during this extraordinary time for our country, I encourage all Americans to support this organization's noble humanitarian mission. IN WITNESS WHEREOF, I have hereunto set my hand this first day of March, in the year of our Lord two thousand eight, and of Livingston Parish in the state of Louisiana. MR. HARRIS, MR. McCOY, MR. MINCEY, MR. RUSHING, MR. SHARP, MR. WAGNER, MR. WATSON, MR. WHEAT ABSENT: MRS. WALE Councilman Marshall Harris addressed agenda item 8, Repeal ordinance prohibiting the business of palmistry in Livingston Parish. Mr. Harris said he was following the advice of the Parish legal counsel by introducing the ordinance to repeal this prohibition. He discussed the various infrastructure challenges facing the Parish. Councilman Harris said he could not envision the Council fighting a First Amendment right when the Parish legal counsel has advised that the Parish could not win a lawsuit in this regard. Councilman Harris stated his belief that the activities prohibited in the ordinance palmistry, fortune telling, etc. are wrong but added that religion is a preference and these things are protected by the First Amendment. He opinioned that the Council could do nothing about these activities. Councilwoman Cindy Wale said she spoke to Sheriff Willie Graves personally, and he assured her that to his knowledge there is not and has never been a problem with these activities in Livingston Parish. Mrs. Wale said she also discovered through research that this Wicca is a religion recognized by the United States government. She said most of the calls she received from constituents throughout the Parish supported a repeal of the prohibition against businesses in soothsaying, fortune telling, palmistry and the like in the Parish. She also opinioned that the Council should follow the advice of its legal counsel. Councilwoman Wale asserted her faith and active participation in the Catholic Church, and said she did not condone or believe in the Wicca practices. Councilman Ronald Sharp said everyone has previously had a chance to speak on this issue and opinioned that the will of the Council in this regard was clear. He said he personally would not support a third public hearing. Parish legal advisor Blayne Honeycutt advised that this is a constitutional issue with established case law, and he opinioned that it is clear that the Parish will lose the case. Mr. Honeycutt said this was never an issue in Livingston Parish until the Council made it an issue. He said the Parish would waste money fighting over a non-issue that was irrelevant before and will be irrelevant after. Mr. Honeycutt said he believed the Council would lose a court battle over this issue even if an expert in Constitutional Law was hired to defend the Parish. Mr. Honeycutt said a lawsuit was filed January 1, 2008. He said he received a request last week regarding acceptance of service. Mr. Honeycutt said the Council should decide to accept service or have the plaintiff hire a marshal to formally serve the lawsuit on the Parish President. Council Chairman Jimmie McCoy outlined a procedure for public input in order to accommodate the large number of people present to monitor this agenda item. Councilman McCoy directed the Council Clerk to read a letter submitted to the Council Office by Pastor Kevin Malcomb, First Assembly of God, who asked that the letter be read aloud on his behalf. Pastor Malcomb, in this letter, urged the Council to keep the current ordinance in place. The letter is on file in the public records of the Parish of Livingston. The chair recognized Rebecca Palmer who stated her understanding of the First Amendment rights in regard to religion and opinioned that charging a fee for practices transforms the nature of the activity from a religion to a business. Ms. Palmer said the Parish has the right to regulate the type of businesses allowed and cited regulation of prostitution and strip clubs. She opinioned that if the Parish fought the lawsuit as a First Amendment issue, the Parish might not win, but said the issue is regulation of business, not religion. Ms. Palmer cautioned the Council that the children of Livingston Parish would be raised in the atmosphere that the Council establishes in this regard.
The chair recognized Karen Hoyt who stated that a business is not covered under the First Amendment. Ms. Hoyt discussed internet posts regarding this topic and cited one post that expressed concerns that Section 11-9 of the Code of Ordinances would affect her business and, if not overturned, would cause her to continue to work out-of-parish for the present time. Ms. Hoyt said this poster s concerns were about her business, not her religion. She also discussed an article that appeared in The Wild Hunt, a Pagan-oriented weblog, that referred to divination services as a fiscal boon. Ms. Hoyt urged the Council not to relax the regulation of businesses offering divination services in Livingston Parish. The Council chair called for input from anyone present to represent the Wiccan perspective. No one spoke as a Wicca member. Ronald Lee Ostten Jr., pastor of Lockhart Road Baptist Church, discussed his views. Pastor Ostten said he has a son leaving for Afghanistan for his third tour of duty as a sergeant in the US Marine Corps, willing to sacrifice his life so the citizens of the United States are free to practice their religions, including Wicca. Pastor Ostten said he, too, is willing to lay down his life so another person can practice their religion, whether Muslim, Jew or Wiccan. Pastor Ostten pointed out that commerce, not freedom of religion, is the issue at hand. He stated his opposition to prostitution, alcohol and gambling and the establishment of commerce promoting these activities so detrimental to society, especially young people. He said he opposed any type of business that would bring along bad business. Pastor Ostten asked the Council to stand with those opposing bad business. The chair recognized Jay Leclercq, pastor of First Pentecostal Church, Livingston, who said Mr. Blayne Honeycutt did not speak on behalf of those opposed to deregulation of commerce in divination. Pastor Leclercq said there are many attorneys who will accept this case pro bono. After the following motion and second, the chair directed the Council Clerk to read the proposed ordinance by title: AN ORDINANCE REPEALING SECTION 11-9 OF THE CODE OF ORDINANCES OF THE PARISH OF LIVINGSTON, SOOTHSAYING, FOTUNE TELLING, PALMISTRY, ETC. LPR NO. 08-146 MOTION was offered by Marshall Harris and duly seconded by Cindy Wale to publish the ordinance by title in the Official Journal and set a Public Hearing for Thursday, April 10, 2008, at the hour of six o'clock (6:00) p.m. at the Parish Council Meeting Room in the Livingston Parish Courthouse, 20180 Iowa Street, Livingston, Louisiana, at which time comments will be received on the proposed ordinance prior to a Council vote. ABSENT: MR. HARRIS, MR. MINCEY, MRS. WALE MR. McCOY, MR. RUSHING, MR SHARP, MR. WAGNER, MR. WATSON, MR. WHEAT Thereupon the chair declared that the Motion FAILED by majority vote and was defeated. The chair announced that the Council should decide whether to have the marshal serve the Parish President or agree to accept the lawsuit without formal service. LPR NO. 08-147 MOTION was offered by Don Wheat and duly seconded by Ronald Sharp to refuse informal service of the civil action filed by Gryphon s Nest Gifts Inc. against the Parish of Livingston and require formal service by a marshal upon the Livingston Parish President in accordance with Section 7-01 of the Home Rule Charter. The chair recognized Kim Hays and Gwen Delk to address agenda item 9, Mimosa Drive No Parking Signs. Ms. Hays addressed the Council at length concerning the placement of no parking signs on the center island of a cul de sac. She explained that residents do not have room to park on the narrow street because it impedes the flow of traffic and hampers the passage of
emergency vehicles, posing serious safety issues. She said residents use the center island as temporary guest parking or when circumstances necessitate the removal of vehicles from the driveway and not as permanent, residential parking. She said the situation borders on harassment of residents by Chad Jenkins and Councilman Don Wheat. Ms. Hays urged the Council to have the signs removed by the Parish. Parish legal advisor Blayne Honeycutt said it is his understanding that Department of Public Works Director Wayne Martin reviewed the plat and determined that the Parish owns the property in question. The chair recognized Jesse Thickman who agreed that residents do not have room for overflow parking on the streets and access the circle for that reason. Council Chairman Jimmie McCoy said legally the cul de sac belongs to the Parish and residents should not be parking there. He advised Ms. Hays to discuss this matter with the Sheriff. Chad Jenkins, vice-president of the Woodland Crossing Homeowners Association, said the Association has had complaints from realtors about homeowners parking in both cul de sacs in the subdivision. Mr. Jenkins said the residents of Woodland Crossing contribute monetarily to pay the Sheriff s Department for a weekly patrol. He said he has worked with Mike Cotton at the Sheriff s Department to coordinate these 4-hour patrols for the past year and a half. Mr. Jenkins said he landscaped the circle and put up no parking signs at the direction of the Livingston Parish Sheriff s Department. Councilman Don Wheat said he spoke with Mr. Honeycutt and determined that it is legal for the Parish to put the no parking signs on the circle of the cul de sac. He said the issue is not with the Council but is a civil matter between the homeowners and the Homeowners Association. The chair allowed input from an unidentified source. Comments are not included in the written minutes because they cannot be properly attributed. The chair stated that this is a civil matter and he ended discussion. The chair announced that agenda item 10, Crystal Lakes Community Development District, was removed from the agenda at the direction of McGlinchey Stafford PLLC. The chair recognized Michael Capello, vice president of Environmental Services with Morris P. Hebert Inc., who said he was present to address any questions concerning the permit application for the GE Hatchell Well No. 2. LPR NO. 08-148 MOTION was offered by Cindy Wale and duly seconded by Randall Rushing to approve the application for a permit to drill the LKTX WX 1 RA SU; G.E. Hatchell Well No. 2 off a private limestone road on the south side of Netterville Road located in Section 16, T6S-R3E, and to authorize the issuance of road use permits to Denbury Onshore LLC for this location. The chair recognized Adam L. Fishbein, AIA, NCARB, principal in charge and project manager with Grace & Hebert Architects, who briefly reviewed Change Order No. 5 and the status of the Livingston Parish Jail Project. LPR NO. 08-149 MOTION was offered by Marshall Harris and duly seconded by A. Buddy Mincey to approve Change Order No. 5 to the contract with Woodrow Wilson Construction Co. Inc. for the Livingston Parish Jail Project to make the changes listed on said Change Order, which will increase the contract amount by $44,737.37.
The chair addressed agenda item 13, Livingston Parish Animal Control Facility Bids, and called Labarre Johnson Architects to present the bids for construction of the Livingston Parish Animal Shelter. Councilman A. Buddy Mincey said Karla Cormier, Grant Finders, for the second time contacted him to postpone this matter for the reason that the paperwork is not in order. Councilman Mincey said Ms. Cormier was supposed to be in attendance to explain the problem to the Council. Parish President Mike Grimmer said the problem is that the Parish has not received the Intergovernmental Agreement from the State of Louisiana. He said the State has signed the agreement and forwarded it to the Parish, but to date the document has not been received. Mr. Grimmer said a State representative would meet with his office Monday or Tuesday to set the procedure. Mr. Grimmer informed Councilman Mincey that Ms. Cormier contacted him to ask him to address this matter because she had a scheduling conflict and could not attend the meeting. Parish legal advisor Blayne Honeycutt expressed concerns about the amount of time lapsed since bid opening. Councilman Mincey directed Mr. Honeycutt and Mr. Grimmer to move this matter forward. After the following motion and second, Councilman Mincey announced that there would be a meeting of the Livingston Parish Council Animal Control Committee on Monday, March 24, at 5 p.m. at which Karla Cormier is to attend. LPR NO. 08-150 MOTION was offered by Marshall Harris and duly seconded by Cindy Wale to extend the time period for the awarding of the contract on the bids received by the Livingston Parish Council on February 26 for the Livingston Parish Animal Shelter. The chair recognized Brian Fairburn, acting director of the Office of Homeland Security, who recommended the termination of the contract between Woods Construction and Peter C. Mutty and the Parish of Livingston. LPR NO. 08-151 MOTION was offered by Don Wheat and duly seconded by Thomas Watson to terminate the services agreement signed June 21, 2006, between Woods Construction & Consultants LLC and Peter C. Mutty, P.E., LLC and the Parish of Livingston for services related to the Hazard Mitigation Grant Program, for failure to fulfill the terms of the contract. Brian Fairburn, acting director of the Office of Homeland Security, informed the assembly that the contract for an exclusive ambulance service provider is still in the process of review and will be discussed by the Quality Assurance Panel prior to bringing the recommendation to the Council in accordance with the Code of Ordinances of Livingston Parish. The chair recognized Parish President Mike Grimmer to advise the Council as to the financial condition and future needs of the Parish government and to make recommendations to the Council concerning the affairs of the Parish government as directed in Section 3-09 of the Home Rule Charter of Livingston Parish. The Parish President presented the following report: Parish President Mike Grimmer asked the Council to declare an emergency and move to lift the agenda for the purpose of addressing an issue concerning the I-12 corridor.
LPR NO. 08-152 MOTION was offered by A. Buddy Mincey and duly seconded by Marshall Harris to declare an emergency and move to lift the Agenda in accordance with Section 2-2.1 of the Code of Ordinances in and for the Parish of Livingston for the purpose of addressing an issue concerning the I-12 corridor. Parish President Mike Grimmer recognized John Ware, executive director of the Livingston Economic Development Council, who discussed the grant award to five parishes including Livingston Parish from the Louisiana Department of Economic Development. Mr. Ware also discussed the Livingston Tomorrow 5-Year Economic Development Plan retirement objective. He asked the Council to agree to support the inclusion of Livingston Parish in a multi-parish retirement district to be known as the I-12 Retirement District that will be established by act of the Legislature, according to Mr. Ware. Mr. Ware said the deadline for advance bill filing is March 21. Mr. Ware said he had a resolution from a neighboring parish, which he did not identify. The resolution recommends to the legislature that Livingston Parish be added to the retirement district. Council Chairman Jimmie McCoy requested a copy of the resolution and asked whether Livingston Parish would incur any financial obligation as a result of this endeavor. Mr. Ware said he did not have a resolution with him. He also said he could not say for sure whether or not the Parish of Livingston would incur any financial obligation, but said he did not believe that it would. Mr. McCoy pressed for a definite answer, but Mr. Ware said adopting a resolution would cost the Parish nothing. LPR NO. 08-153 MOTION was offered by Marshall Harris and duly seconded by Cindy Wale to support the inclusion of Livingston Parish in Louisiana s I-12 Retirement District. Council Chairman Jimmie McCoy asked John Ware, executive director of the Livingston Economic Development Council, whether he could have someone attend and answer questions at a meeting concerning the Baton Rouge Loop that will be attended by residents of about four subdivisions. The meeting will be Monday at 7 p.m. Mr. Ware said he felt sure that the engineering companies would be happy to have representatives present at the meeting to answer questions. He asked Mr. McCoy to get him the contact information for the neighborhood associations attending the meeting. LPR NO. 08-154 MOTION was offered by Marshall Harris and duly seconded by A. Buddy Mincey to return to the regular order of business. The chair recognized Planning Director Donald Burgess to present the recommendations of the Livingston Parish Council Planning Commission. Planning Director Donald Burgess informed the Council that agenda item 17a, Deer Creek Acres, 2 nd filing, was removed from consideration at the request of Compliance Consultants.
Planning Director Donald Burgess advised the Council that the Livingston Parish Council Planning Commission recommends the denial of the 8-lot re-sub of Misty Ackerman. Scott Lobell, Lobell Engineering, representing Misty Ackerman, said the Commission views this re-sub as a subdivision with improvements. He addressed drainage issues associated with the resubdivision. The chair recognized Paula Miller and Diane Atkins, residents in the area, who discussed the effect on the natural drainage that this re-sub will have on their properties. They expressed concerns that the water would not be able to properly drain. Mr. Lobell observed that the Council has approved similar re-subdivisions of property, and he asked the Council to vote consistently until the Parish ordinance is changed. LPR NO. 08-155 MOTION was offered by Ronald Sharp and duly seconded by Thomas Watson to accept the recommendation of the Livingston Parish Council Planning Commission and DENY the 8-lot re-subdivision of property for Misty Ackerman, Section 2, T9S-R5E, due to unresolved drainage issues. Planning Director Donald Burgess advised the Council that the Livingston Parish Council Planning Commission recommends denial of the 8-lot re-subdivision of property for John Knifley. The chair allowed input from an unidentified source. Because comments cannot be properly attributed, they are not included in the written minutes. Councilman Thomas Watson asked Parish legal advisor Blayne Honeycutt whether, in the absence of drainage issues, the position of the Parish is harmed by denial of the re-subdivision of property. Mr. Honeycutt advised that, in his opinion, to break the precedent would worsen the position of the Parish. Councilman Don Wheat asked why, since the ordinance has not been changed, these resubdivisions are going before the Planning Commission instead of the Planning Director. Mr. Honeycutt said the Parish is working on the ordinance, and he advised the Council to be specific in its intent. Councilman Marshall Harris asked about the road. Mr. Burgess said there is no road and the property borders a Parish roadway. Mr. Harris ascertained that a gravel road would be built to access the property. LPR NO. 08-156 MOTION was offered by Thomas Watson and duly seconded by Don Wheat to deviate from the recommendation of the Livingston Parish Council Planning Commission and approve the 8-lot re-subdivision of property for John Knifley, Section 27, T6S-R3E. MR. McCOY, MR. MINCEY, MR. RUSHING, MR. WAGNER, MR. WATSON, MR. WHEAT MR. HARRIS, MR SHARP, MRS. WALE LPR NO. 08-157 MOTION was offered by Ronald Sharp and duly seconded by Randall Rushing to accept the recommendation of the Livingston Parish Council Planning Commission and approve the drainage impact study for Duncan s Bluff at Carter Plantation, located in Sections 26 and 35, T7S-R6E.
LPR NO. 08-158 MOTION was offered by Don Wheat and duly seconded by Ronald Sharp to accept the recommendation of the Livingston Parish Council Planning Commission and approve the drainage impact study for Bayou Vista Estates (The Gardens @ Woodland Crossing), located in Section 11, T7S-R3E. Planning Director Donald Burgess presented the following recommendations of the Planning Department: Councilman Jimmie McCoy advised the assembly that Live Oak Landing is located in Council District 1 rather than District 2 as indicated by the Planning Department. LPR NO. 08-159 MOTION was offered by Randall Rushing and duly seconded by Don Wheat to accept the recommendation of the Livingston Parish Planning Department and accept the streets and improvements in Live Oak Landing, 2 nd filing, located in Section 11, T5S-R6E, into the Parish maintenance system. LPR NO. 08-160 MOTION was offered by Randall Rushing and duly seconded by Ronald Sharp to accept the recommendation of the Livingston Parish Planning Department and release the $86,938.82 maintenance bond on Live Oak Landing, 2 nd filing, located in Section 11, T5S-R6E. LPR NO. 08-161 MOTION was offered by A. Buddy Mincey and duly seconded by Randall Rushing to accept the recommendation of the Livingston Parish Planning Department and accept the streets and improvements in Plantation Lake, 2 nd filing, located in Sections 40 and 42, T7S-R3E, into the Parish maintenance system. LPR NO. 08-162 MOTION was offered by A. Buddy Mincey and duly seconded by Randall Rushing to accept the recommendation of the Livingston Parish Planning Department and release the $89,876.20 maintenance bond on Plantation Lake, 2 nd filing, located in Sections 40 and 42, T7S-R3E.
At the conclusion of the Planning reports, Planning Director Donald Burgess announced that the Parish President terminated his employment with the Parish for unspecified reasons. Mr. Burgess discussed the improvements made in the Livingston Parish Council Planning Department during his tenure. Mr. Burgess recognized the contributions of his wife, Betty, and lauded the Planning Department employees. He expressed his gratitude to the employees and to the Council for their assistance and support. Councilman Randall Rushing expressed his gratitude for Mr. Burgess s assistance and recognized his extreme dedication to the Parish. He directed Mr. Burgess to leave with his head held high for a job well done. Councilman A. Buddy Mincey thanked Mr. Burgess for doing a good job. Councilman Eddie Wagner told Mr. Burgess that he had done a wonderful job, and he recognized Mr. Burgess s contributions and dedication. Councilman Ronald Sharp expressed his gratitude to Mr. Burgess and recognized him as a friend. Council Chairman Jimmie McCoy presented Mr. Burgess with a plaque in recognition of his years of outstanding service and many contributions to the Parish of Livingston. The chair announced that agenda item 19, North Doyle Road Railroad Crossing Signage, was addressed under emergency declaration at the last meeting of the Council. After the following motion and second, Parish legal advisor Blayne Honeycutt briefly discussed the provisions of the ordinance and opinioned that the provisions are properly written to assure sufficient functioning of the Commission. Councilman A. Buddy Mincey asked Gerald Burns to address this matter. Mr. Burns said he wasn t opposed to increasing the number of commissioners on the Planning Commission, but expressed concern that he and Joe Harrell are both in Council District 7. He stated his desire to remain on the Planning Commission and said he hoped that no Council member would hold any past differences of opinion against him. Councilman Mincey said he would like to see Mr. Burns remain on the Planning Commission. Mr. Honeycutt advised that the ordinance allows the nine Planning Commission members to be appointed by majority vote and does not specify that the nomination must be from the Council member s District. Councilman Marshall Harris expressed the hope that this change does not become political and advised that the Parish ordinances are black and white and the Commission should have no problem following the ordinances in making their recommendations. Councilman Don Wheat said the Parish ordinances are not always black and white, and he discussed the provision concerning minor subdivisions. The chair allowed a lengthy discussion of the Planning Commission s actions regarding Parish ordinances. The following ordinance was introduced in proper written form and read by title, to wit: L.P. ORDINANCE 08-20 AN ORDINANCE AMENDING SECTION 13-48 OF THE CODE OF ORDINANCES OF LIVINGSTON PARISH, LOUISIANA, TO INCREASE THE NUMBER OF MEMBERS OF THE PARISH COUNCIL PLANNING COMMISSION AND PROVIDING FOR OTHER RELATED MATTERS. LPR NO. 08-163 MOTION was offered by Eddie Wagner and duly seconded by Thomas Watson to publish the ordinance by title in the Official Journal and set a Public Hearing for Thursday, April 10, 2008, at the hour of six o'clock (6:00) p.m. at the Parish Council Meeting Room in the Livingston Parish Courthouse, 20180 Iowa Street, Livingston, Louisiana, at which time comments will be received on the proposed ordinance prior to a Council vote.
(As per rules of the Council, copies of the proposed ordinance shall be available for public inspection in the office of the Livingston Parish Council) The chair announced that agenda item 21, Council remuneration scale, was cancelled. LPR NO. 08-164 MOTION was offered by Randall Rushing and duly seconded by Eddie Wagner to accept the February 11, 2008, written resignation for unspecified reasons of Tracy North from the Board of Commissioners of Fire Protection District 10. LPR NO. 08-165 MOTION was offered by Randall Rushing and duly seconded by Eddie Wagner to appoint Jeff Johnson to the Board of Commissioners of Fire Protection District 10 to serve out the unexpired term of Tracy North, who submitted her written resignation, said term to expire January 1, 2009. LPR NO. 08-166 MOTION was offered by Eddie Wagner and duly seconded by Don Wheat, upon being petitioned by 75 percent of property owners and meeting all other requirements of Section 14-23 of the Code of Ordinances, to assign the name Clarrinda Drive to a currently unnamed road located off Highway 40 in Council District 9 as approved in writing by Building Official Chuck Vincent by letter dated February 26, 2008. After the following motion and second, Councilman Marshall Harris announced his decision not to vote to accept any more roads into the Parish maintenance system without being able to view a visual image of the road. Mr. Harris said he and Councilman A. Buddy Mincey got the Parish out of the gravel road business in 1995. He said the Parish has the technology to put an image of the roads in question on the screen in the meeting room for everyone to see. Councilman Harris said Councilwoman Cindy Wale, Councilman Mincey and he all have roads in their districts that are traveled by thousands of vehicles every day. He said these roads were overlaid in the first phase of the Capital Outlay Road Improvement Program 10 years ago and are wearing out. Councilmen Ronald Sharp and Eddie Wagner said Mr. Harris is not in the same position as they are. Councilman Sharp said his area and other areas of the Parish have large numbers of gravel roads. Councilman Wagner said the residents living on gravel roads pay taxes and should receive the same services as residents living on paved roads. Mr. Harris opinioned that the Parish should take in all the driveways in the Parish according to that logic.
Councilman Randall Rushing said it doesn t matter what you put up on a projection screen if the road meets the requirements of the ordinance adopted by the Parish. He said he would continue to follow the ordinance and help residents. Councilwoman Cindy Wale suggested the Council view this issue from a financial standpoint. She said the Parish does not have the funds to continue overlaying gravel roads and still take care of highly traveled roads. Mrs. Wale said the Parish might be able to overlay all the gravel roads when it becomes a cash-rich Parish. She opinioned that the Parish should address the major traffic issues first. Council Chairman Jimmie McCoy addressed this issue at length to support the continued acceptance of gravel roads into the Parish maintenance system. Mr. Harris said he would vote to accept legitimate roadways into the system but reiterated his objection to accepting roads without being able to see the road first. Mr. McCoy said he did not believe that the Parish ever accepted a road into the Parish maintenance system that Department of Public Works Director Wayne Martin advised the Parish not to accept. LPR NO. 08-167 MOTION was offered by Eddie Wagner and duly seconded by Ronald Sharp, upon being petitioned by 75 percent of property owners and meeting all other requirements of Section 14-13 of the Code of Ordinances, to accept Clarrinda Drive into the Parish maintenance system. MR. McCOY, MR. MINCEY, MR. RUSHING, MR SHARP, MR. WAGNER, MR. WATSON, MR. WHEAT MR. HARRIS, MRS. WALE Councilman Eddie Wagner said RLC Lane is a gravel road. LPR NO. 08-168 MOTION was offered by Eddie Wagner and duly seconded by Ronald Sharp, upon being petitioned by 75 percent of property owners and meeting all other requirements of Section 14-13 of the Code of Ordinances, to accept RLC Lane off North Café Line Road into the Parish maintenance system. MR. McCOY, MR. MINCEY, MR. RUSHING, MR SHARP, MR. WAGNER, MR. WATSON, MR. WHEAT MR. HARRIS, MRS. WALE Council Chairman Jimmie McCoy requested a motion to accept Hunterbrook Extension into the Parish maintenance system contingent on him submitting the signed petition to the Council Office. Parish legal advisor Blayne Honeycutt asked for confirmation that Mr. McCoy is in possession of the signed petition and would submit the petition to the Council Office in accordance with the terms of the ordinance. LPR NO. 08-169 MOTION was offered by Randall Rushing and duly seconded by Don Wheat, upon being petitioned by 75 percent of property owners and meeting all other requirements of Section 14-13 of the Code of Ordinances, to accept Hunterbrook Extension into the Parish maintenance system, contingent on receipt of the signed petition for the record. MR. McCOY, MR. MINCEY, MR. RUSHING, MR SHARP, MR. WAGNER, MRS. WALE, MR. WATSON, MR. WHEAT MR. HARRIS
LPR NO. 08-170 MOTION was offered by Ronald Sharp and duly seconded by Don Wheat, upon being petitioned by 75 percent of property owners and meeting all other requirements of Section 14-23 of the Code of Ordinances, to assign the name Ernestine Lane to a currently unnamed road located off Haynes Settlement Road in Council District 8 as approved in writing by Building Official Chuck Vincent by letter dated March 12, 2008. LPR NO. 08-171 MOTION was offered by Ronald Sharp and duly seconded by Don Wheat, upon being petitioned by 75 percent of property owners and meeting all other requirements of Section 14-13 of the Code of Ordinances, to accept Ernestine Lane into the Parish maintenance system. MR. McCOY, MR. MINCEY, MR. RUSHING, MR SHARP, MR. WAGNER, MR. WATSON, MR. WHEAT MR. HARRIS, MRS. WALE Council Chairman Jimmie McCoy discussed the meeting of the Finance Committee and presented the recommendation to approve the investment proposal for the purchase of a Spacesaver Filing System and Smead labeling program submitted by Associated Office System. LPR NO. 08-172 MOTION was offered by Ronald Sharp and duly seconded by Don Wheat to approve the investment proposal for the purchase of a Spacesaver Filing System and Smead labeling program submitted by Associated Office System. Council Chairman Jimmie McCoy briefly discussed problems with utility companies placing lines in the Parish servitudes. Mr. McCoy said there would be some ordinances presented to the Council for consideration in the near future to address this issue. Councilman McCoy appointed the following committee: UTILITIES COMMITTEE Ronald Sharp, chairman Randall Rushing Don Wheat Eddie Wagner Mr. McCoy discussed specific problems with the placement of lines in the ditches. He said the Committee would also address issues related to the Parish getting into the utilities business. Councilman Don Wheat reported on the progress of the Subdivision Committee and said there would be an ordinance forthcoming to modify the definition of minor subdivision. There being no further business, it was duly moved, seconded and agreed that the Livingston Parish Council adjourn until its next regular meeting to be held Thursday, March 27, 2008, at the hour of 6:00 o clock p.m. at Livingston, Louisiana. Mary E. Kistler, Council Clerk Jimmie McCoy, Council Chairman