St. Mary Parish Council minutes from July 13

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

JULY 13, 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, Paul P. Naquin Jr. and Steve Bierhorst.

The Invocation was pronounced by Mr. Singleton and the Pledge of Allegiance was led by Mr. Beadle.

Mr. Naquin moved that the reading of the minutes of the Second Regular Meeting, June 22, 2016 be dispensed with and that the same be approved. Mr. Fryou seconded the motion, which carried.

Guy Pitts, C.P.A., Pitts & Matte, presented the St. Mary Parish Council Primary Government Financial Statements, Annual Financial Statements with Independent Auditors’ Report and Independent Auditors’ Reports on Internal Control and Compliance and other for the Year Ended December 31, 2015.

Mr. Pitts also presented for the Council’s review a four (4) page Summary which included Financial Audit Highlights – 2015; Type of Opinion; Management’s Discussion and Analysis (MD&A); Statement of Net Position – Summary for 2015; Statement of Activities; Governmental Fund – Summary 2015 with Prior Year Comparison of Revenue - Federal, State, Sales Tax, Advalorum Tax, Royalty Roads, Expenditures – Increase in Capital Outlay, Public Works and Sanitation (with page numbers where detailed information may be found).

Mr. Pitts reported that their opinion is an unmodified or clean auditor’s opinion on this primary government only financial statement.

In regard to the Governmental Fund, Mr. Pitts stated that the Total Revenues are $37.7 million; Total Expenditures are $41.2 million and Total Other uses over sources are ($2.1 million); Expenditures over Revenues were ($5.6 million).

In regard to the Summary of Federal Awards-Internal Control & Compliance, Mr. Pitts highlighted the summary of information which includes 15 Federal Awards totaling $12.1 million. (3 Major Programs are: Substance Abuse, CDBG and Coastal Impact Assistance.)

Mr. Pitts expounded relative to the Internal Control & Compliance Overall – Internal Control Deficiencies and the Items of noncompliance (Budget Monitoring #2015-001 and Fund deficits #2015-002); Internal Control & Compliance – Major Federal Programs – No findings, Prior Year Findings & Corrective Action and Management’s Corrective Action Plan for 2015 Findings.

In regard to General Business Items, Fee Based Operations with Significant Earned Revenue Shortages, Mr. Pitts commented as follows: Landfill, Sanitation & Sewer Construction – Reduction and Transfer- There was significant improvement in the prior three years. However the current year costs increased by approximately $600,000 over 2014 while revenue dropped by approximately $100,000. Mr. Pitts suggested that the Council ensure the tipping fee is adequate to cover all intended costs. Combined Sewer Construction Fund – Management has a multi-year plan to cover impending deficits in Combined Sewer Construction Fund. Sanitation - Steps have been taken that should reduce operation cost in future years by approximately $400,000 annually. However, 3/4 % Sales tax collections decreased by approximately $570,000. It was suggested that fee increases in the Sanitation Fund need to be considered. Small Animal – Operating loss has increased over the last 4 years to approximately $200,000 primarily due to a decrease in fees received. Five years ago fees covered 60 percent of operating costs now cover only 40 percent. Jail Operating and Maintenance – In 2010 jail operations and debt payments funded by the Council were approximately $.5million. In 2015, the jail operating deficit plus debt payment costs has increased to approximately $1.7 million annually. Golf Course – The Golf Course is the most effective of any Parish owned recreational facility at funding its operating costs through user fees. Operating subsidy has stabilized at approximately $250,000 annually. Still might consider a fixed dedicated funding source.
Mr. Pitts suggested that the Parish Council consider combining a number of funds.
In regard to the audit report, Rev. Mathews suggested that the Parish Council become more engaged in the financial outlook of the Parish., i.e., a detailed budget workshop.
Following discussion regarding the St. Mary Parish Audit Report for the year ending December 31, 2015, Mr. Bierhorst moved that the report be accepted. Mr. Fryou seconded the motion, which carried.
Rev. Benjamin Grimm, 293 Eve St., Sorrell appeared before the Council to discuss the Sorrel Community.

Rev. Grimm expressed his sentiments and concerns regarding the deplorable condition of Eve and Inez Streets in the Sorrell community.

Rev. Grimm stated that approximately four (4) months prior to the present time, the streets have been graded to a rock road causing hardship to their cars, etc.

Rev. Grimm requested that the Parish consider overlaying the streets with asphalt.

Rev. Mathews expressed his concurrence with Rev. Grimm’s complaints.

Rev. Mathews stated that in approximately 2009 a Capital Outlay request was made to include Eve, Inez and 2 other Streets in District 1 that were identified in the Capital Outlay Plan.

Rev. Mathews asked the Administration why the roads were not done at that time.

Rev. Mathews further stated that he requested that the Administration provide a detailed analysis (of the past five (5) years) of the road improvements that have been performed throughout St. Mary Parish utilizing any portion of Parish funds, Capital Outlay funds and/or any other sources that would have been compiled by the Parish Government.

Rev. Mathews questioned the process whereby the Administration is made aware of the condition of roads in need of repair and at what point does that information translate to some type of formal action.

Following an explanation of Rev. Mathew’s request of the Administration to provide a detailed analysis (of the past five (5) years) of the road improvements that have been throughout St. Mary Parish, Mr. LaGrange provided an in-depth explanation of the information provided.

In regard to Eve and Inez Street, Mr. LaGrange explained that the roadways were grated in order to repair pot holes. (After grading the roads, they will be sealed coated.)

Mr. LaGrange gave an in-depth technical explanation of whether the roadways should be asphalted or hard surface.

Mr. LaGrange stated that the Administration is notified by the Road Department or calls from citizens of the Parish when roads are in deplorable conditions.

Rev. Mathews also commented relative to the heavily traveled roadway, Jones Road No. 1 in the Four Corners due to the construction at the interchange of La. 318 and 90 and the Frontage Road on the southwest side of the quadrant.

Mr. LaGrange stated that he had the Public Works Department go out to evaluate the roadway.

Mr. LaGrange stated that he is not aware of any work that was performed on the roadway.

Mr. LaGrange stated that he will send the crew out to reevaluate the matter and report at a later date their findings.

Rev. Mathews stated that Georgetown Road in Glencoe is also in need of repair.

Mr. Naquin commented that the residents of Eve and Inez Street may consider covering a portion of the total cost of the construction of street paving improvements.

Mr. Naquin informed Rev. Grimm the protocol followed for the levy of local or special assessments on certain lots or parcels of real estates.

Following lengthy detailed discussion, Mr. Hanagriff assured Rev. Grimm that every concerted effort will be made in the future to remedy several problems in St. Mary Parish.

It was noted that Judge Kim Stansbury will appear before the Council to discuss the Morgan City Indigent Defender Fund Board for Morgan City – City Court at the July 27, 2016 Regular Meeting.

Mr. Hanagriff, Parish President informed the Parish Council that Dr. Gail Hamilton will be a holding Public Forum focusing on teenage pregnancy and STDs, etc. Monday, July 18, 2016 from 11:30 a.m. until 1:00 p.m.

The forum is St. Mary Parish Adolescent and Young Adults – Project Reconnect: Youth Service Planning Meeting.

Mr. Hanagriff encouraged everyone to attend the forum.

Mr. Hanagriff reported that The Mississippi River Commission Motor Vessel MISSISSIPPI will be in Morgan City, on August 19th, 2016 at 9:00 a.m., All meetings are open to the public and will include a summary report on national and regional issues affecting the Corps and the Commission programs and projects on the Mississippi River and its tributaries; the District Commander’s overview on current project issues in the New Orleans District; and presentations by local organizations and members of the public giving views and comments.

Henry “Bo” LaGrange, Chief Administrative Officer presented his report for a three (3) week period ending July 13, 2016. (All items in Mr. LaGrange’s report are informational.)

Tammy Luke presented the following items as recommended by the Planning & Zoning Commission at their June 20, 2016 Regular Meeting:

a. Preliminary & Final Subdivision Approval –

Name: Barras Family LLC
Address: 185 Vermillion Bay Ln., Cypremort Point, LA.

Parcel Id# Sec. 20 T15S R6E;
-1034364647.00-Lot Tract "DEFGHID" per Plat 73 287802 Acq. 268 315334 &
-1034364131.00-Lot por No. 1 Carl Bauer prop per Plat 18P 159625 being Tract "ABCDIHA" per Plat 73 287802 Acq. 268 315334 Improvements

Zoned: Single Family (SR) Zoned District

PURPOSE: as shown on a plat titled “Plan of Land Showing a Portion of Property of Barras Family, LLC as per C.O.B. 268, Entry No. 315,334 to be Subdivided into Tract “ABCDEFGHIA” situated in: Section 30, T15S-R6E, St. Mary Parish, Louisiana; as prepared by Miller Engineers & Associates Inc., DWG. No.# 14021 dated June 1, 2016
 

b. Preliminary & Final Subdivision Approval –

Name: Rodriguez Brothers Farm Properties
Address: 1100 Hwy 83, Franklin, LA.

Parcel Id# Sec. 55 T14S R9E;-1994844063.00-17.972 AC Tract por No. 1 Alcendor Carlin Part. per Plat GG 23294 being Tract "ABCDEFA" per Plat 13G 122311 BD Foster-Carline-Lewis and State RT. 83-Washington Acq. 268 315321

Zoned: Agricultural (AG) Zoned District

Purpose: as shown on a plat titled “Plan of Land Showing a Portion of Property of Rodriguez Brothers Farm Partnership as per C.O.B. 268, Entry No. 315,321 being Tract “ABCDA” to be acquired Willie Lewis situated in: Section 55, T14S-R9E, St. Mary Parish, Louisiana; as prepared by Miller Engineers & Associates Inc., DWG. No.# 13852-1 dated May 26, 2016

Mr. Bierhorst moved that Preliminary & Final Subdivision Approval be granted for:

Name: Rodriguez Brothers Farm Properties
Address: 1100 Hwy 83, Franklin, LA.

Parcel Id# Sec. 55 T14S R9E;-1994844063.00-17.972 AC Tract por No. 1 Alcendor Carlin Part. per Plat GG 23294 being Tract "ABCDEFA" per Plat 13G 122311 BD Foster-Carline-Lewis and State RT. 83-Washington Acq. 268 315321

Zoned: Agricultural (AG) Zoned District

Purpose: as shown on a plat titled “Plan of Land Showing a Portion of Property of Rodriguez Brothers Farm Partnership as per C.O.B. 268, Entry No. 315,321 being Tract “ABCDA” to be acquired Willie Lewis situated in: Section 55, T14S-R9E, St. Mary Parish, Louisiana; as prepared by Miller Engineers & Associates Inc., DWG. No.# 13852-1 dated May 26, 2016 Mr. Beadle seconded the motion, which carried.

Item a. was withdrawn at this time.

Mr. Bierhorst moved that the Public Hearing Report - June 22, 2016 be approved. Mr. Bennett seconded the motion, which carried.

Rev. Mathews introduced the following ordinance:

ORDINANCE NO.

AN ORDINANCE RELATING TO ESTABLISHING MINIMUM REQUIREMENTS FOR ALL BOARDS OF COMMISSIONERS AND ADVISORY COMMITTEES CREATED BY THE ST. MARY PARISH COUNCIL

WHEREAS, the St. Mary Parish Council recognizes that it has the duty and obligation, pursuant to the provisions of Article XII, Section 3 of the Louisiana Constitution, to insure that no person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.

WHEREAS, the St. Mary Parish Council declares that to fully insure the right of its citizens to observe the deliberations of public bodies and examine public documents, minimal requirements regarding the membership and conduct of the members of all boards of commissioners and advisory committees created by St. Mary Parish Council are appropriate as well as minimal requirements relating to the conduct, location, time and hour of the meetings of the respective boards of commissioners and advisory committees created by the St. Mary Parish Council.

WHEREAS, the St. Mary Parish Council further declares that, pursuant to the powers granted by operating under a Home Rule Charter, to facilitate this goal it is necessary and desirable and in the best interest of the citizens of St. Mary Parish to establish minimum requirements of membership, procedural conduct and civility regarding all boards, commissions and advisory committees created by the St. Mary Parish Council.

NOW, THEREFORE, BE IT ORDAINED by the St. Mary Parish Council, acting as the governing authority of the Parish of St. Mary, State of Louisiana, that the following be enacted as follows:

MINIMUM REQUIREMENTS FOR ALL BOARDS OF COMMISSIONERS AND ADVISORY COMMITTEES CREATED BY THE ST. MARY PARISH COUNCIL

(A) Qualifications of commissioners/members and procedural obligations of Board, Commissions and Advisory Committees created by the St. Mary Parish Council

(1) All Commissioners/Members must be registered voters and domiciled within the geographic border of the respective district.

(2) All Commissioners/Members must maintain compliance with any and all training and public disclosure requirements (i.e. Ethics Training, Financial Disclosures, etc.) as well as all comply with all applicable ethics codes.

(3) All Boards, Commissions and Advisory Committees must hold, at a minimum, election of officers every two years, and those that have not done so previously must hold elections immediately.

(4) All Commissioners/Members, at the conclusion of their respective term, must, if he or she wishes to be reappointed, timely reapply for reappointment for consideration of continuing service on the respective Board, Commission or Advisory Committee.

(5) All Boards, Commissions and Advisory Committee meetings must comply with all applicable open meeting and public records laws.

(6) All Boards, Commissions and Advisory Committees must adopt governing By-Laws and submit a copy of same to the St. Mary Parish Council Clerk upon approval of Board.

(7) If a Board of Commissioners employs personnel it should adopt personnel policies and procedures and present a copy of same to the St. Mary Parish Council Clerk.

(8) All Boards of Commissioners must comply with and maintain appropriate professional decorum during its proceedings, and must conduct its meetings in a manner promoting civility and respect for the members and the public.

(9) All Boards of Commissioners must adopt a policy governing the use of public media networks including but not limited to all social media outlets that at a minimum prohibits its Commissioners, employees, contractors, and volunteers from such conduct as creating online content that adversely affects his/her job performance, the performance of fellow associates, the public interest and/or image of the public entity, or otherwise adversely affects other Commissioners, patrons, suppliers, employees, volunteers, contractors, customers, or others that may further the public’s interest; as such conduct may result in disciplinary action up to and including removal from office and/or termination of employment.

(B) Location and time and date of meetings

(1) All meetings must be held at a public location within the domicile of the respective board or commission that provides adequate access for the public to attend such meetings. Factors must include adequate comfortable seating and parking. If the office of any respective board or commission is not adequate to provide for such a meeting location, the meetings shall be held at an appropriate public facility within its domicile. The primary consideration on where to hold such meetings shall be to accommodate the ability of the public to access the meeting site and not the convenience of the Commissioners/Members.

(2) All meetings must be held at an hour and date within the domicile of the respective board or commission that provides appropriate access for the public to attend such meetings. No meetings shall commence before the hour of 5:00 p.m. except for exigent circumstances that require a meeting not in compliance with this provision. The primary consideration on the hour and date to hold meetings shall be to accommodate the ability of the public to attend the meeting and not the convenience of the Commissioners/Members. Notwithstanding the above, no Board or Commission shall schedule a meeting at an hour or date that operates to circumvent the provisions of this section or the Louisiana Open Meetings Law.

(C) Enforcement

(1) Upon receiving notice of the failure of any Board, Commission or Advisory Committee or any of its members, to comply with the provisions of this ordinance, the St. Mary Parish Council, by a majority vote of its membership, may institute the following remedies:

(a) Instruct the Board, Commission or Advisory Committee or any of its members, to comply with the provisions of this ordinance.

(b) Instruct the respective Board, Commission or Advisory Committee or any of its members to hold appropriate training seminars to facilitate compliance.

(c) Failure to comply with the instructions from the St. Mary Parish Council may be considered grounds for removal of any member of a Board, Commission or Advisory Committee for cause.

(d) The St. Mary Council reserves its right, when authorized by law, to remove any member of a Board, Commission or Advisory Committee who serves at the pleasure of the Council.

This ordinance shall become effective and be in full force upon signature of the Parish President.

Mr. Rogers moved that the following ordinance be adopted. Mr. Naquin seconded the motion, which carried by the following 11-0-0-0 Roll Call vote:

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

NAYS: None

ABSTAIN: None

ABSENT: None

ORDINANCE NO. 2055

An Ordinance declaring an abandonment of a portion of the Right-of-Way on Michael Street in Centerville, Louisiana.

BE IT ORDAINED by the St. Mary Parish Council:

SECTION 1. The St. Mary Parish Council is the grantee of a right-of-way on, over, and across the 25' X 50' section of land as outlined on Exhibit A, Plan of Land Showing Property of Ben W. Legnon & Lillie Prejean Legnon – Michael Subdivision by T. F. Kramer, Civil Engineer & Surveyor, dated September 8, 1958.

SECTION 2. The St. Mary Parish Council has no further need or use for said portion of right-of-way or right-of-use and does hereby release, relinquish, and abandon any and all interests which it has or may have thereto.

SECTION 3. A certified copy of this Ordinance shall be filed for record with the Clerk of the 16th Judicial District Court for St. Mary Parish, Louisiana.

SECTION 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

This ordinance shall become effective upon adoption.

This ordinance having been offered and read on this the 22nd day of June, 2016; having been published in accordance with law; and having been heard in a public hearing at Franklin, Louisiana on the 13th day of July 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 15th day of July 2016, at the hour of 8:10 a.m.

APPROVED:

_________________________________
DAVID HANAGRIFF, PRESIDENT
ST. MARY PARISH

This ordinance was returned to the Clerk of the Council on this the 19th day of July 2016, at the hour of 11:40 a.m.