June 8 St. Mary Parish Council minutes

OFFICIAL PROCEEDINGS OF
THE ST. MARY PARISH COUNCIL OF THE
PARISH OF ST. MARY, STATE OF LOUISIANA

JUNE 8, 2016
FRANKLIN, LOUISIANA

The St. Mary Parish Council met on this date with Chairman Kevin Voisin presiding and the following members present: Rev. Craig Mathews, J Ina, Dale Rogers, Glen Hidalgo, Ken Singleton, Gabriel Beadle, James Bennett, Jr., Sterling Fryou and Steve Bierhorst. Absent was Paul P. Naquin, Jr.

The Invocation was pronounced by Rev. Mathews and the Pledge of Allegiance was led by Mr. Ina.

Mr. Fryou moved that the reading of the minutes of the Second Regular Meeting, May 25, 2016, be dispensed with and that the same be approved. Mr. Bennett seconded the motion, which carried.

Dr. Gail Hamilton, 526 Augustine Maze St., Franklin, La appeared before the Parish Council to discuss and invite the Council to an Adolescent Youth Development Community Forum.

Dr. Hamilton informed the Council that Louisiana is No. 1 in the number of cases of adolescences and young adults that has STDs and No. 7 in the nation for teen pregnancies.

Dr. Hamilton informed that her goal is to develop an action plan for this topic.

Dr. Hamilton stated that she has reached out to several Council members, Mayors, community leaders, faith-based organizations and pastors to obtain their input and/or solutions regarding the quality of life issues that face our young people.

Dr. Hamilton invited the Parish Council to attend a Community Forum regarding this matter on Monday, June 20, 2016 at Franklin Jr. High School at 11:30 a.m. to attempt to develop an action plan.

Rev. Mathews commended Dr. Hamilton and the members of Louisiana Public Health Institute that have contributed to this advocacy in St. Mary Parish.

Rev. Mathews expressed his desire to make a formal appeal to St. Mary Parish, all community organizations and other resource agencies to embrace the forum on June 20, 2016 in order to have a meaningful discussion relative to what a grass root advocacy approach would be like in St. Mary Parish with some of the resources already in place.

Mr. Hanagriff, Parish President reported on the Stakeholder Dredging Update Luncheon and Roundtable discussion he attended on June 6, 2016 at the Port of Morgan City Emergency Operation Center. (In regard to St. Mary Parish, Mr. Hanagriff stated that discussion was held on dredging the Atchafalaya River to the proper depth.)

Mr. Hanagriff commented on diversification of the Ports in St. Mary Parish and the key role dredging would produce in getting ships to and from the area.

Henry “Bo” LaGrange, Chief Administrative Officer presented his report for a two (2) week period ending on June 8, 2016. (All items in Mr. LaGrange’s report are informational.)

Mr. Voisin commended the Parish’s Public Works department for the work performed at the Russo Landing on the floating docks and railings.

Mr. Fryou commended the responsible parties for installing the flag pole at the Fontenot Boat Landing.

Tammy Luke presented the following item as recommended by the Planning & Zoning Commission at their May 16, 2016 Regular Meeting:

a. Specific Use – DENIED

Name: Joseph Elsbury, III
Address: 3509 Hwy. 319, Cypremort Point, LA

Parcel Id# Sec. 20 T15S R6E;
1034364316.00- Lot por No. 89-A Moresi Estates Part. 9 per Plat 96 291386 lying South of Hwy. 319 Acq. 298 319524 Improvements

PURPOSE: Specific Use Request to place a Recreational Vehicle (RV) at Cypremort Point, LA in a Single Family (SR) Residential Zoned District

Mr. Bierhorst moved that the following Specific Use be denied:

Name: Joseph Elsbury, III
Address: 3509 Hwy. 319, Cypremort Point, LA

Parcel Id# Sec. 20 T15S R6E;
1034364316.00- Lot por No. 89-A Moresi Estates Part. 9 per Plat 96 291386 lying South of Hwy. 319 Acq. 298 319524 Improvements

PURPOSE: Specific Use Request to place a Recreational Vehicle (RV) at Cypremort Point, LA in a Single Family (SR) Residential Zoned District
Mr. Beadle seconded the motion, which carried.

Mr. Hidalgo moved that the Public Hearing Report – May 25, 2016 be approved. Mr. Rogers seconded the motion, which carried.

The following bid was received and opened by Mr. Duplantis, Legal Advisor relative to Oil, Gas and Mineral Lease - All of the rights, titles and interest in roads owned by and not under mineral lease from the St. Mary Parish Council, situated in Section 37, Township 13 South, Range 9 East, St. Mary Parish, Louisiana within the following described boundaries:

Beginning at a point having coordinates of X=1,917,148 and Y=442,045; thence South 68 Degrees 23 Minutes 44 Seconds East 1,567.09 feet to a point having coordinates of X=1,918,605 and Y=441,468; thence South 28 Degrees 03 Minutes 39 Seconds West 1,456.17 feet to a point having coordinates of X=1,917,920 and Y=440,183; thence North 61 Degrees 35 Minutes 14 Seconds West 1,525.79 feet to a point having coordinates of X=1,916,578 and Y=440,909; thence North 1,270.98 feet to the point of beginning, containing approximately 1.63 acres, as shown on the attached plat. All bearings, distances and coordinates, if applicable, are based on Louisiana coordinate System of 1927, (North or South Zone).

KITTY HAWK ENERGY, L.L.C.
P. O. Box 52026
Lafayette, LA 70508 $407.50 Certified Check No. 5157 3 year lease

Mr. Duplantis recommended that the bid be accepted.

Mr. Hanagriff informed that he has spoken with numerous fire chiefs and their feelings on the Ordinance Amending Ordinance No. 627 and Ordinance No. 797 Permitting Use and Sale of Certain Fireworks are neutral.

Mr. Hanagriff stated that the fire chiefs expressed their concern regarding brush fires.

Mr. Hanagriff also stated that the following provision has been made a part of the ordinance: Dates of Sale and Discharge of Fireworks (c) Executive decision. The St. Mary Parish President may issue an executive order to prohibit the sales and usage of fireworks under this ordinance as the executive deems appropriate, including but not limited to drought times, for a designated period of time.

Mr. Hanagriff stated he also spoke with Sheriff Hebert and Lonnie Leboeuf regarding the fireworks ordinance.

Mr. Hanagriff stated that Sheriff Hebert is neutral concerning the matter; but, he stated that people that are responsible should be allowed to sell, use, possess and discharge fireworks if they choose to do so.

Following discussion, Mr. Beadle moved that the following ordinance be adopted. Mr. Hidalgo seconded the motion, which carried by the following 7-3-0-1 Roll Call vote:

YEAS: Rev. Mathews, Messrs. Ina, Rogers, Hidalgo, Beadle, Bennett and Voisin

NAYS: Messrs. Singleton, Fryou and Bierhorst

ABSTAIN: None

ABSENT: Mr. Naquin

ORDINANCE NO. 2051

An Ordinance Amending Ordinance No. 627 and Ordinance No. 797
Permitting Use and Sale of Certain Fireworks

NOW THEREFORE, BE IT ORDAINED by the St. Mary Parish Council, on behalf of the St. Mary Parish Government, that the following be enacted:

SALE, USE, POSSESSION AND DISCHARGE OF FIREWORKS 








Statement of Policy




St. Mary Parish Government recognizes that it is charged with the responsibility of protecting the person and property of the citizens and visitors within the Parish. Moreover, it is incumbent upon the Parish to adopt appropriate measures to insure that unreasonable burdens are not imposed upon the Sheriff’s Office and/or its volunteer fire departments, both of which render invaluable, priceless services. Therefore, notwithstanding the provisions of Ordinances 627 and Ordinance No. 797, it is hereby declared that the unregulated sale, use, discharge, and/or possession of fireworks pose an unreasonable risk to the safety and tranquility of the general public and create an unreasonable burden upon the Sheriff’s Office and/or its volunteer fire departments. Consequently, the Parish does hereby adopt and enact the ordinance effective only in the unincorporated areas of St. Mary Parish.

Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 


Assembler means any person engaged in the making of fireworks from component parts. 


Distributor means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer, or both.

Importer means any person who imports, brings in, or causes to be brought in any fireworks from outside the state into the state. The term "importer" does not mean a jobber or retailer who purchases fireworks from a distributor domiciled in the state and who subsequently stores the fireworks in a warehouse outside of the state with the intention of returning the fireworks to the state after a short period of time to be distributed to other retailers in the state or to be used in the purchaser's retail business. 


Jobber means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail. 


Manufacturer means any person engaged in making or construction of pyrotechnic compounds or component parts. 
Person includes any firm, corporation, limited liability company, association, copartnership, or one or more individuals. 


Retailer means any person engaged in the business of making sales of fireworks at retail to persons other than a distributor or a jobber. 


Sale includes barter, exchange, or gift or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee. 


Permissible Fireworks 








(a) It shall be unlawful for any person, individual, firm, partnership, limited liability company, or corporation to possess, sell, or offer for sale or use within the Parish any pyrotechnics commonly known as "fireworks" other than those herein specifically authorized. Such authorized fireworks shall consist solely and exclusively of United States Department of Transportation classification codes UN 0336, 1.4G, or 1.4S and, in addition, include "consumer fireworks" as defined by The Consumer Product Safety Commission and shall mean such articles of fireworks as are enumerated, now or in the future, by the United States Code of Federal Regulations, 49 CFR 173, Regulations of the United States Department of Transportation for the transportation of explosives and other dangerous articles; 27 CFR 55, The Bureau of Alcohol, Tobacco and Firearms regulations of the commerce of explosives; and 16 CFR 1507, Consumer Product Safety Commission regulations of hazardous substances. 


(b) Permissible fireworks shall also include the items specifically identified and defined by R.S. 51:651 , as may from time to time be amended. 


(c) No person shall possess, sell, discharge, or use for any purpose whatsoever any of the following items of commercial fireworks: 


(1)
Cherry bombs;
(2)
Tubular salutes;
(3)
Two-inch American-made salutes;
(4)
Firecrackers with casings the external dimensions of which exceed 1½ inches in
length or one-fourth of an inch in diameter; 

(5)
Repeating bombs;
(6)
Aerial bombs;
(7)
Torpedoes which exceed three-eighths of an inch in diameter;
(8)
Roman candles larger than ten balls; and
(9)
Sky rockets larger than six ounces.

(d) No component of any device enumerated as "permissible fireworks" in this section that is designed to produce an audible effect, other than a whistle, shall contain pyrotechnic composition in excess of two grains in weight, excluding propelling or expelling charges which shall not exceed 130 milligrams of explosive composition per report.

(e) The provisions of this section shall not apply to fireworks possessed, stored, or warehoused within the Parish for distribution and sale outside the state.

Dates of Sale and Discharge of Fireworks

(a) Fireworks may be sold at retail from noon June 25 through 10:00 p.m. July 5, and from noon December 15 through 10:00 p.m. January 1.

(b) Fireworks may be used, set off or shot from June 25 to July 5 and from December 15 to January 1 from the hours of 8:00 a.m. to 10:00 p.m. Additional hours of fireworks use will be allowed from 10:00 p.m. on July 4 to 1:00 a.m. July 5, and from 10:00 p.m. December 24 to 1:00 a.m. December 25 and from 10:00 p.m. December 31 to 1:00 a.m. January 1.

(c) Executive decision. The St. Mary Parish President may issue an executive order to prohibit the sales and usage of fireworks under this ordinance as the executive deems appropriate, including but not limited to drought times, for a designated period of time.

Storage and Display of Fireworks

Fireworks may be stored within the Parish only in strict accordance with the provisions of R.S. 51:653, as may from time to time be amended.

Sale to children under the age of 18 or to intoxicated or irresponsible persons prohibited; unlawful discharge; minimum age for employee.

(a) No person shall offer to sell or sell fireworks to any child under the age of 18 years or to any intoxicated or irresponsible person. 

(b) No person shall explode or ignite fireworks within 1,000 feet of any church, hospital, school, public building, or fireworks retail location. 

(c) No person shall ignite or discharge fireworks in a motor vehicle or throw fireworks from a motor vehicle. 

(d) No person shall place an ignited article of fireworks in or throw an ignited article of fireworks at a motor vehicle.
(e) No person under the age of 18 shall be employed in a facility where fireworks are sold at retail without complying with the regulations of the state department of labor. Moreover, the minor shall be subject to the restrictions on the number of hours of employment permitted to minors by the said department.

Rules and Regulations Structure, Building, Booth or Stand

(a) The following rules and regulations shall govern the structure, building, booth or stand in which fireworks are sold or displayed for sale in unincorporated areas of the parish.

(1) All booths, stands, or buildings, used to sell and distribute fireworks in the parish shall be of rigid construction, either of metal, wood, stone or masonry.
(2) Pipe frame-supported tents are acceptable.
(3) All booths, stands or buildings shall be constructed in such a fashion that customers must remain on the outside of the structure while selecting and purchasing fireworks.
(4) The building or structure shall be constructed in such a manner as to allow it to be completely enclosed and locked during nonbusiness hours or have facility to allow for merchandise to be locked during nonbusiness hours.
(5) Permanent structures shall follow laws from the St. Mary Parish Planning and Zoning Department.
(6) Access to electrical services by temporary structures must obtain all necessary building permits from the St. Mary Parish Planning and Zoning Department.
(7) Prior to the commencement of sale to the public all owners, retailer, or operators shall obtain all necessary permits and licenses from the state and local regulatory agencies.

Permit and Fees

(a) It shall be unlawful to sell, construct, or manufacture any item of fireworks authorized herein without obtaining an occupational license and any other annual necessary permit(s) from the Parish for any such purpose. Any such permit must be obtained for each location where such fireworks shall be sold, constructed, or manufactured. Each annual permit shall be valid commencing on March 1 of each year for a period of 12 months. The fees for such permit are hereby established as follows:

(1)
Manufacturer: $5,000.00.

(2)
Assembler: $1,000.00.

(3)
Distributor: $2,000.00.

(4)
Importer: $500.00.

(5)
Jobber: $250.00.

(6)
Retailer: $100.00.


(b) Permit fees are nonrefundable.

Penalties





Whoever violates any provision of this Ordinance shall be fined not more than $250.00 for a first offense; not more than $500.00 or imprisonment in the parish jail for not more than 30 days, or both, for a second offense; and not more than $500.00 or imprisonment in the parish jail for not more than 30 days, or both, and the perpetrator shall forfeit his fireworks license or permit for a period of two years for a third or subsequent offense.

This ordinance shall become effective and be in full force upon publication in the official journal of the Parish.

This ordinance having been offered and read on this the 11th day of May, 2016; having been published in accordance with law; and having been heard in a public hearing at Franklin, Louisiana on the 8th day of June 2016; was adopted.

APPROVED:

__________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_________________________________
LISA C. MORGAN, CLERK
ST. MARY PARISH COUNCIL

This ordinance was submitted to the President of St. Mary Parish on this the 13th day of June 2016, at the hour of 1:08 p.m.

APPROVED:

_____________________________________
DAVID HANAGRIFF, PRESIDENT
ST. MARY PARISH

This ordinance was returned to the Clerk of the Council on this the 15th day of June 2016, at the hour of 3:35 p.m.

Mr. Bierhorst moved that the following resolution be adopted. Mr. Fryou seconded the motion, which carried by the following 10-0-0-1 Roll Call vote:

YEAS: Messrs. Ina, Rogers, Hidalgo, Singleton, Beadle, Bennett, Fryou, Bierhorst, Voisin and
Rev. Mathews

NAYS: None

ABSTAIN: None

ABSENT: Mr. Naquin

RESOLUTION

WHEREAS, the St. Mary Parish Council has received bids for the leasing of land owned by the Parish of St. Mary as follows:

All of the rights, titles and interest in roads owned by and not under mineral lease from the St. Mary Parish Council, situated in Section 37, Township 13 South, Range 9 East, St. Mary Parish, Louisiana within the following described boundaries:

Beginning at a point having coordinates of X=1,917,148 and Y=442,045; thence South 68 Degrees 23 Minutes 44 Seconds East 1,567.09 feet to a point having coordinates of X=1,918,605 and Y=441,468; t hence South 28 Degrees 03 Minutes 39 Seconds West 1,456.17 feet to a point having coordinates of X=1,917,920 and Y=440,183; thence North 61 Degrees 35 Minutes 14 Seconds West 1,525.79 feet to a point having coordinates of X=1,916,578 and Y=440,909; thence North 1,270.98 feet to the point of beginning, containing approximately 1.63 acres, as shown on the attached plat. All bearings, distances and coordinates, if applicable, are based on Louisiana coordinate System of 1927, (North or South Zone).

WHEREAS, the only bid received was that of KITTY HAWK ENERGY, L.L.C., P.O. BOX 52026, LAFAYETTE, LOUISIANA 70508.

NOW, THEREFORE BE IT RESOLVED, that the St. Mary Parish Council does hereby authorize David Hanagriff, President of St. Mary Parish to accept and execute all necessary documents in awarding the bid to KITTY HAWK ENERGY, L.L.C.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 8th day of June 2016.

APPROVED:

______________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_______________________________
LISA C. MORGAN, CLERK
ST. MARY PARISH COUNCIL
Mr. Rogers moved that the following resolutions be adopted. Mr. Beadle seconded the motion, which carried by the following 10-0-0-1 Roll Call vote:

YEAS: Messrs. Rogers, Hidalgo, Singleton, Beadle, Bennett, Fryou, Bierhorst, Voisin, Rev.
Mathews and Mr. Ina

NAYS: None

ABSTAIN: None

ABSENT: Mr. Naquin

RESOLUTION

Resolution pertaining to the FY 2015 – 2016
St. Mary Parish Gov’t Application for funds
from the Governor’s Community Water Enrichment Fund

Replacement of Filters at Water Treatment Plant
For St. Mary Parish Waterworks District No. 5

WHEREAS the St. Mary Parish Government desires to submit a grant application under the Governor’s Community Water Enrichment Fund, and

WHEREAS this application requests funds in the amount of $65,000 for St. Mary Parish Government to match $31,000 in local funds for replacement of primary filters at the Water Treatment Plant of St. Mary Parish Waterworks District No. 5, and

WHEREAS the existing water treatment plant for this small water district is in need of replacement of filters #1, #2 and #3, as the filter bed is showing signs of fouling which requires more frequent backwash cycles to maintain water quality and the required flow rate, and

WHEREAS, a resolution of support from the governing body is required as a part of the application.

NOW THEREFORE BE IT RESOLVED, that the St. Mary Parish Council meeting in session on June 8, 2016, does hereby declare that it is in full support of said application, and authorizes the Mr. David Hanagriff, Parish President, to sign all documents necessary to make the necessary application for these funds, and to sign all documents necessary for the full implementation of the grant should it be funded.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 8th day of June 2016.

APPROVED:

__________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_________________________________
LISA C. MORGAN, CLERK
ST. MARY PARISH COUNCIL
RESOLUTION

Resolution pertaining to the FY 2015 – 2016
St. Mary Parish Gov’t Application for funds
from the Governor’s Community Water Enrichment Fund

Replacement of Hydro-Pneumatic Tank at Water Treatment Plant
For St. Mary Parish Water and Sewer Commission No. 5

WHEREAS the St. Mary Parish Government desires to submit a grant application under the Governor’s Community Water Enrichment Fund, and

WHEREAS this application requests funds in the amount of $35,000 for St. Mary Parish Government to match $2,000 in local funds for Replacement of a Hydro-Pneumatic Tank at the Water Treatment Plant of St. Mary Parish Water and Sewer Commission No. 5, and

WHEREAS the existing water treatment plant for this water district is in need of a new Hydro-Pneumatic Tank, and this project includes installation of a new pneumatic tank with valves, piping, and other associated repair necessary to maintain current water quality standards and the continued health and safety of the of the community served by this water system, and

WHEREAS, a resolution of support from the governing body is required as a part of the application.

NOW THEREFORE BE IT RESOLVED, that the St. Mary Parish Council meeting in session on June 8, 2016, does hereby declare that it is in full support of said application, and authorizes the Mr. David Hanagriff, Parish President, to sign all documents necessary to make the necessary application for these funds, and to sign all documents necessary for the full implementation of the grant should it be funded.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 8th day of June 2016.

APPROVED:

__________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_________________________________
LISA C. MORGAN, CLERK
ST. MARY PARISH COUNCIL

RESOLUTION
Resolution informing the United States Department of the Interior that St. Mary Parish Government opposes transfer of certain properties to be held in trust by the United States for the use and benefit of the Chitimacha Tribe of Louisiana.

WHEREAS, the United States Department of the Interior, pursuant to the attached letter made a part of this Resolution, informed St. Mary Parish Government that the Bureau of Indian Affairs, Eastern Regional Office, is considering an application for the acquisition of 3 parcels totaling 65.73 acres of Land, to be held in trust by the United States for the use and benefit of the Chitimacha Tribe of Louisiana;

WHEREAS, the United States Department of the Interior, in the instant letter, requested both information and comment from St. Mary Parish Government regarding said application;

WHEREAS, St. Mary Parish Government has and continues to provide significant governmental services and infrastructure to said parcels and surrounding area;

WHEREAS, St. Mary Parish Government collects taxes within the said parcels and surrounding area;

WHEREAS, transfer of said parcels into a trust by the United States for the use and benefit of the Chitimacha Tribe of Louisiana potentially operates to negatively impact the collection of certain taxes associated with the property;

WHEREAS, the St. Mary Parish Government declares that it opposes transfer of the designated properties to be held in trust by the United States for the use and benefit of the Chitimacha Tribe of Louisiana as not being in the best fiscal interest of the Parish; and that a copy of this Resolution be forwarded to the United States Department of the Interior and the federal legislative delegation representing Louisiana.

NOW, THEREFORE, BE IT RESOLVED by the St. Mary Parish Council, acting as the governing authority of the Parish of St. Mary, State of Louisiana, declares that it opposes the transfer of the designated properties to be held in trust by the United States for the use and benefit of the Chitimacha Tribe of Louisiana as not being in the best fiscal interest of the Parish; and that a copy of this Resolution be forwarded to the United States Department of the Interior and the federal legislative delegation representing Louisiana.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 8th day of June 2016.

APPROVED:

__________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_________________________________
LISA C. MORGAN, CLERK
ST. MARY PARISH COUNCIL

Mr. Beadle moved that the agenda be expanded to adopt Resolution pertaining to the FY 2015 – 2016 St. Mary Parish Gov’t Application for funds from the Governor’s Community Water Enrichment Fund Replacement of existing high service pump with VFD Pump for Berwick-Bayou Vista Joint Waterworks Commission. Mr. Bierhorst seconded the motion, which carried.

Mr. Beadle moved that the following resolution be adopted. Mr. Hidalgo seconded the motion, which carried by the following 10-0-0-1 Roll Call vote:

YEAS: Messrs. Hidalgo, Singleton, Beadle, Bennett, Fryou, Bierhorst, Voisin, Rev. Mathews
and Messrs. Ina and Rogers

NAYS: None

ABSTAIN: None

ABSENT: Mr. Naquin
RESOLUTION

Resolution pertaining to the FY 2015 – 2016
St. Mary Parish Gov’t Application for funds
from the Governor’s Community Water Enrichment Fund

Replacement of existing high service pump with VFD Pump
for Berwick-Bayou Vista Joint Waterworks Commission

WHEREAS the St. Mary Parish Government desires to submit a grant application under the Governor’s Community Water Enrichment Fund, and

WHEREAS this application requests funds in the amount of $25,000 for St. Mary Parish Government for Replacement of the existing high service pump with a Variable Frequency Drive (VFD) pump for Berwick-Bayou Vista Joint Waterworks Commission, and

WHEREAS the existing Berwick-Bayou Vista Joint Waterworks Facility is in need of a new variable frequency drive high service pump to improve efficiency and reduce costs by eliminating the current costly method of manual on/off pump operation which potentially allows tower overflow and treated water waste; with the new pump being controlled by an automatic control system that would prevent the tower from overflowing while reducing the on/off cycling of the pump, and

WHEREAS, a resolution of support from the governing body is required as a part of the application.

NOW THEREFORE BE IT RESOLVED, that the St. Mary Parish Council meeting in session on June 8, 2016, does hereby declare that it is in full support of said application, and authorizes the Mr. David Hanagriff, Parish President, to sign all documents necessary to make the necessary application for these funds, and to sign all documents necessary for the full implementation of the grant should it be funded.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 8th day of June 2016.

APPROVED:

__________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_________________________________
LISA C. MORGAN, CLERK
ST. MARY PARISH COUNCIL

OLD BUSINESS:

A. Referred from the May 25, 2016 Regular Meeting - Appointment to the following Boards and Commissions:

Recreation District No. 5 (Four Corners, Sorrell & Glencoe) – 1 Vacancy

No applications received

Mrs. Morgan, Clerk stated that an application was received after the deadline from Marlon D. Rhine for consideration of appointment to Recreation District No. 5 Board of Commissioners.

Rev. Mathews moved that Marlon D. Rhine be appointed to Recreation District No. 5 Board of Commissioners. Mr. Ina seconded the motion, which carried.

Rev. Mathews commented and questioned relative to a particular board member of Fire Protection District No. 11 whom has not attended a meeting in approximately eight (8) months due to his relocation to another Parish.

Following Mr. LaGrange’s explanation of the Ordinance requiring the District to report to the Council when a board member has missed three (3) consecutive meetings and the protocol for such, Mr. Hanagriff stated that a letter will be forwarded to the board member asking to advise of their intention to serve on the board.

NEW BUSINESS:

A. We received the following financial statements:

St. Mary Parish Library – year ended December 31, 2015
Recreation District No. 7 – year ended September 30, 2015

B. Discussion and action relative to a permit to purchase a Full Liquor License inadvertently issued on March 23, 2016 to Subraj Singh d/b/a Bayou Vista Food Mart located at 345 Southeast Boulevard in Bayou Vista. Request Council consideration to revoke the license or grant a variance to the 300 ft. requirement from a church, school, synagogue, or playground to sell alcohol as found in Code of Ordinance to ARTICLE II. PERMITS. Section 3-28.

Mr. Hidalgo moved that the Full Liquor License inadvertently issued on March 23, 2016 to Subraj Singh d/b/a Bayou Vista Food Mart located at 345 Southeast Boulevard in Bayou Vista be revoked. Mr. Bennett seconded the motion, which carried.

C. Mr. Hidalgo to request an allocation of $10,000 from Wards 5 & 8 3/10% Sales Tax Fund to Hospital Service District No. 3 for operating expenses.

Mr. Hidalgo moved that funds in the amount of $10,000 be allocated from Wards 5 & 8 3/10% Sales Tax Fund to Hospital Service District No. 3 for operating expenses. Mr. Rogers seconded the motion, which carried.

D. Discussion and action relative to the Official Journal for the Parish of St. Mary for the year July 1, 2016 – June 30, 2017.

The following letter was received from Allan Von Werder, Editor & Publisher, St. Mary and Franklin Banner-Tribune:

“Honorable, David Hanagriff, Chairman
Members of the Parish Council
St. Mary Parish Government

Gentlemen,

The Banner-Tribune is pleased to quote a price of six dollars per legal square (approximately $3.00 per column inch depending on font and type size) to serve as the official journal of St. Mary Parish for the upcoming fiscal year (July 1, 2016 through June 30, 2017).

This rate covers all minutes, ordinances, etc., with the exception of fee-paid advertising (advertising placed by a governmental agency but paid for by a third party) which is governed by a separate legislative pricing formula.

Thank you for the opportunity to quote. If you have any questions, please don’t hesitate to call.

Sincerely,

s/g Allan Von Werder

Allan Von Werder
Editor & Publisher

Mr. Rogers moved that the quote of $3.00 per column inch (depending on font and type size) from Allan Von Werder, Editor & Publisher of the Banner-Tribune to serve as the official journal of St. Mary Parish for the upcoming fiscal year (July 1, 2016 through June 30, 2017) be accepted. Mr. Fryou seconded the motion, which carried.

Rev. Mathew inquired relative to why the Parish Council does not pay for the Council members to receive a subscription to the Banner-Tribune.

E. CASA of the 16th JDC, Inc. has submitted their Pre-Application requesting funds for operating the current fiscal year beginning July 1, 2016 and ending on June 30, 2017 - Funding Request $7,000.00.

Item E. was referred to the Advisory Budget/Finance Committee.

F. Appointments to the following Boards and Commissions:

St. Mary Parish Water & Sewer Commission No. 2 (Bayou Vista) – 1 Vacancy

Thomas Philbrook Josefa Hebert

Gravity Sub-Drainage District No. 1 of Gravity Drainage District No. 2 (Bayou Vista) – 2 Vacancies

Glen Elliott – Present Member Hilary Pookie Acosta – Present Member

Sewerage District No. 8 (Patterson area) – 1 Vacancy

Willis John Dore, Jr. – Present Member

Wax Lake East Drainage District (Berwick, Bayou Vista, Patterson and Calumet) – 3 Vacancies

Lee Felterman – Present Member Arvin Alleman – Present Member
Steven Clements – Present Member

Wards 5 and 8 Joint Sewer Commission (Berwick, Bayou Vista and Patterson area) – 1 Vacancy – Ward 5

Lonnie Easley – Present Member

Waterworks District No. 5 (West of Patterson to Calumet, Verdunville and Centerville) – 3 Vacancies

Garland Romero – Present Member Halsemo Pinho, Sr. – Present Member Leonard Klutts – Present Member

St. Mary Parish Tourist Commission (District 7, 8 and bordering 6 – 1 Vacancy) (At-Large – 2 Vacancies)

Herman Hartman (District 7, 8, and bordering 6) – Present Member
Bob Harrison (At Large) – Present Member
Cherrise Picard (At Large) – Present Member

Kemper Williams Park Advisory Committee – 2 Vacancies

No applications received.

Mr. Hidalgo moved that Thomas Philbrook be appointed to St. Mary Parish Water & Sewer Commission No. 2 Board of Commissioners. Mr. Singleton seconded the motion, which carried.

Mr. Hidalgo moved that Glen Elliot and Hilary Pookie Acosta be reappointed to Gravity Sub-Drainage District No. 1 of Gravity Drainage District No. 2 Board of Commissioners. Mr. Singleton seconded the motion, which carried.

Mr. Singleton moved that Willis John Dore, Jr. be reappointed to Sewerage District No. 8 Board of Commissioners. Mr. Bierhorst seconded the motion, which carried.

Mr. Bierhorst moved that Lee Felterman, Arvin Alleman and Steven Clements be reappointed to Wax Lake East Drainage District Board of Commissioners. Mr. Singleton seconded the motion, which carried.

Mr. Singleton moved that Lonnie Easley be reappointed to Wards 5 and 8 Joint Sewer Commission. Mr. Bierhorst seconded the motion, which carried.

Mr. Hidalgo moved that Garland Romero, Halsemo Pinho, Sr. and Leonard Klutts be reappointed to Waterworks District No. 5 Board of Commissioners. Mr. Singleton seconded the motion, which carried.

Mr. Rogers moved that Herman Hartman, (District 7, 8 and bordering 6), Bob Harrison (At-Large) and Cherrise Picard (At-Large) be reappointed to the St. Mary Parish Tourist Commission Board of Commissioners. Mr. Ina seconded the motion, which carried.

Mrs. Morgan, Clerk stated that Wendell Bogan telephoned after the deadline and requested that he be reappointed to Kemper Williams Park Advisory Committee.

Mr. Rogers moved that Wendell Bogan Be reappointed to Kemper Williams Park Advisory Committee. Mr. Bierhorst seconded the motion, which carried.

There being no further business, Rev. Mathews moved for adjournment. Mr. Fryou seconded the motion, which carried.

_______________________ ___________________________
Lisa C. Morgan, Clerk Kevin Voisin, Chairman

PUBLIC HEARING

JUNE 8, 2016
FRANKLIN, LOUISIANA

The St. Mary Parish Council held a Public Hearing on this date with Kevin Voisin, Chairman presiding and the following members present: Rev. Craig Mathews, J Ina, Dale Rogers, Glen Hidalgo, Ken Singleton, Gabriel Beadle, James Bennett, Sterling Fryou and Steve Bierhorst.
Absent was Paul P. Naquin, Jr.

The purpose of the Public Meeting was to receive written and/or oral comments and to adopt the following ordinance:

An Ordinance Amending Ordinance No. 627 and Ordinance No. 797 Permitting Use
and Sale of Certain Fireworks.

There were no written or oral comments received regarding the proposed ordinance.

Mr. Bierhorst expressed opposition regarding the proposed ordinance amending Ordinance No. 627 and Ordinance No. 797 Permitting Use and Sale of Certain Fireworks in the Parish.

Mr. Bierhorst stated that he is not in favor of changing the present Fireworks Ordinance.

Mr. Bierhorst stated he is concerned with the safety issue of the use of certain fireworks.

Mr. Bierhorst stated that during July 4th, New Years and others days that people shoot fireworks, if citizens had ample acreage of property he would support the ordinance. (A smaller lot poses problems when fireworks are used.)

Mr. Bierhorst alluded to the times when residents’ houses caught on fire due to use or improper use of fireworks.

Mr. Bierhorst stated that the St. Mary Parish Fire Association discussed the matter at their meeting on May 26, 2016 at 6:00 p.m. at the Centerville Fire Station.

Mr. Beadle commented relative to the debate held at the St. Mary Parish Fire Association meeting.

Mr. Beadle expressed his stance in favor of the proposed ordinance.

Mr. Beadle stated that several ordinances from surrounding Parishes were utilized to compose the proposed ordinance.

Mr. Beadle stated that St. Mary Parish’s ordinance was made enhanced to assist with the safety aspects of the citizens of the Parish.

Mr. Beadle expounded relative to additions to the proposed ordinance such as permissible fireworks under Permissible Fireworks (c) which will make it safer to possess, sell, discharge or use fireworks. (Age limit for buying and selling fireworks is also included in the ordinance.)

Mr. Beadle also stated that the citizens should be responsible for their actions regarding the use of fireworks.

Mr. Hanagriff expressed his support in favor of the proposed Ordinance Amending Ordinance No. 627 and Ordinance No. 797 Permitting Use and Sale of Certain Fireworks.

There being no further business, Mr. Fryou moved for adjournment. Mr. Bierhorst seconded the motion, which carried.

______________________________ ______________________________
Lisa C. Morgan, Clerk Kevin Voisin, Chairman

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