MINUTES OF THE REGULAR COUNCIL MEETING
OF THE MAYOR AND CITY COUNCIL
CITY OF PINEVILLE, LOUISIANA
MAY 13, 2003 - 7:00 P.M.
PINEVILLE CITY HALL

The Mayor and Council met in regular session at Pineville City Hall on May 13, 2003 at 7:00 p.m.

ITEM 1 Mayor Fields called the meeting to order.

ITEM 2 Councilman Dorn offered the invocation.

ITEM 3 Councilman Bouchie led the Pledge of Allegiance.

ITEM 4 Roll call was as follows:

Present: Councilman Bishop, Councilman Dorn, Councilwoman Cunningham, Councilman Bouchie, Councilwoman Broussard

Absent: None

ITEM 5 On motion by Councilwoman Cunningham, seconded by Councilman Dorn and passed, it was resolved to accept the minutes of the April 8th meeting as published.

The Mayor introduced the new interim police chief, Jay Barber, along with the administrative chief, Rusty Murdock.

The Mayor also mentioned that the City recently won the State Division of the Cleanest City Contest and wanted to congratulate all those who made it possible.

ITEM 6 The Mayor presented the Pineville High School Ladies Rebels Softball Team with a proclamation for an outstanding season.

ITEM 7 On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to accept the financial report as read by the auditor, Mr. Mark McKay.

ITEM 8 On behalf of the Ward 9 Recreation District, Steve Bordelon presented the board members of the Pineville Boys and Girls Club with a donation for $5,000.00.

ITEM 9 On motion by Councilman Dorn, seconded by Councilwoman Broussard and passed, it was resolved to adopt an ordinance for annexation of property located at 3926 Highway 28 East belonging to Pine Trace Apartments I & II. Roll call was as follows:

Yeas: Councilman Bishop, Councilman Dorn, Councilwoman Cunningham, Councilman Bouchie, Councilwoman Broussard

Nays: None

ITEM 10 On motion by Councilwoman Broussard, seconded by Councilman Bouchie and passed, it was resolved to adopt an ordinance for annexation of 60.6 acres of land located on the south side of Pinehurst Drive belonging to V & V Properties to be called Legacy Pointe. Roll call was as follows:

Yeas: Councilman Bishop, Councilman Dorn, Councilwoman Cunningham, Councilman Bouchie, Councilwoman Broussard

Nays: None

ITEM 11 On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to adopt the following ordinances relevant to the City’s Impounding Department.

A. An ordinance to amend Sec. 4.9 – Impounding; Sale

B. An ordinance to amend Sec. 4.11 – Fowl At Large Prohibited

C. An ordinance to amend Sec. 4.15 – Pet Overpopulation Control

D. An ordinance to amend Sec. 4.29 – Impounding-Appointment of Officers; Authority

E. An ordinance to amend Sec. 4.30 – Impounding-Redemption; Fees; Disposition of Unclaimed Dogs

Roll call was as follows:

Yeas: Councilman Bishop, Councilman Dorn, Councilwoman Cunningham, Councilman Bouchie, Councilwoman Broussard

Nays: None

ITEM 12 On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to adopt an ordinance to amend Ordinance No. 842, Section 2-1, to fix the day, time and place of the regular meetings of the Mayor and Board of Aldermen of the City of Pineville, Louisiana, and repealing all ordinances or parts of ordinances in conflict herewith. Roll call was as follows:

Yeas: Councilman Bishop, Councilman Dorn, Councilwoman Cunningham, Councilman Bouchie, Councilwoman Broussard

Nays: None

ITEM 13 On motion by Councilwoman Broussard, seconded by Councilman Bouchie and passed, it was resolved to accept for publication a petition for annexation of approximately 40 acres of property located North of Susek Drive to be known as Treasure Hills Subdivision Phase II and that unincorporated portion of land adjacent to Lots 7 thru 12 and Lot 18 of Treasure Hills Estates, Phase I.

ITEM 14 On motion by Councilwoman Cunningham, seconded by Councilwoman Broussard and passed, it was resolved to accept for publication a petition for annexation of property located in Retreat Subdivision (Lots 1 & 12) belonging to Johnny Porter.

ITEM 15 On motion by Councilman Dorn, seconded by Councilman Bouchie and passed, it was resolved to accept for publication a petition for annexation of property located at 2825 Monroe Hwy. belonging to Word of Grace Ministries.

ITEM 16 On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to accept for publication an ordinance to amend the Code of Ordinances by amending Ordinance No. 14-50.1 Fee For Appearance Bonds of the City of Pineville and Repealing All Ordinances or Parts of Ordinances In Conflict Herewith.

ITEM 17 On motion by Councilman Dorn, seconded by Councilman Bouchie and passed, it was resolved to approve a resolution:

WHEREAS, the Municipal Water Pollution Prevention Program (MWPP) is a program developed by the Environmental Protection Agency to prevent wastewater permit violations and to maximize the useful lives of the publicly-owned treatment works (POTW) through effective operation and maintenance, financial management and reduced wastewater flows and loadings by ensuring timely planning and financing for future needs prior to the occurrence of wastewater permit violations; and,

WHEREAS, the City of Pineville is required by NPDES Permit No. LA0033464 to submit information found in the audit each year along with a resolution from the governing body outlining specific action; and,

WHEREAS, the Administration hereby recommends approval of this item,

NOW THEREFORE BE IT RESOLVED by the Mayor and Board of Aldermen of the City of Pineville, Louisiana, in legal session convened, that the Board hereby authorizes the City of Pineville to state their intent to maintain permit requirements as set forth by National Pollution Discharge Elimination System to prevent wastewater permit violations.

ITEM 18 On motion by Councilwoman Cunningham, seconded by Councilman Bishop and passed, it was resolved to approve a resolution:

BE IT RESOLVED, that the Mayor is hereby authorized to declare the following discarded miscellaneous items in the Police Department as surplus:

Custom Silver Eagle Radar Units, Body Armor, IBM Computers, Typewriters, Printers, TVs

ITEM 19 On motion by Councilwoman Broussard, seconded by Councilman Bouchie and passed, it was resolved to approve a resolution:

WHEREAS, the Developer (Vollman & Vercher Properties) for the proposed Phase I of Legacy Point Subdivision, which is located on the Pinehurst Drive across from Walden Point Subdivision, has requested that the City provide for operation and maintenance of the streets, drainage, water distribution and wastewater collection improvements that are to be constructed by the Developer and conforming to City standards under the City Standard Developer Permit; and,

WHEREAS, the Plans and Specifications for the water distribution and wastewater collection improvements have been submitted to the Department of Health and Hospitals (DHH) for review and approval by the Developer’s Engineer; and

WHEREAS, DHH has requested that the City provide a Resolution indicating their intent to operate and maintain the improvements once constructed.

NOW, THEREFORE BE IT RESOLVED, that the City hereby agrees to accept for operation and maintenance the water distribution and wastewater collection improvements contingent upon the following:

(1) receipt of Board of Health approval of the design;

(2) receipt of all Permits and Certification as required under the City’s Third Party Developer Improvements procedures;

(3) receipt of appropriate Development permit fees;

(4) receipt of As-Built Record Drawings indicating locations of all lines, water valves, fire hydrants, sewer manholes, sewer wyes and services, etc;

(5) receipt of certification from Developer’s Engineer that improvements have been constructed in accordance with designs as approved by the Board of Health and in conformity to minimum standards established by the City as contained in the Developer’s Agreement;

(6) receipt from City Engineer of a report of inspection stating that improvements constructed have met designs as approved;

(7) receipt of appropriate documentation, meeting the approval of the City Attorney, that all improvements located on property not within publically dedicated right-of-ways have been installed within easements or servitude acceptable to the City and meeting the minimum width requirements as required by the City Engineer;

(8) that the Plans and Specifications once receiving approval from the DHH shall be reviewed by the City Engineer to insure conformance for materials specified with City minimum standards for streets, drainage, water distribution and wastewater improvements.

BE IT FURTHER RESOLVED, that this acceptance is contingent on review and approval by the City Engineer of the Developer’s Drawings and Specifications for the work.

BE IT FURTHER RESOLVED, that the City’s sewage collection and treatment facilities can adequately handle the increase flow proposed for this development.

BE IT FURTHER RESOLVED, that the City Engineer is authorized to notify the Developer that only submersible wastewater pumps meeting the City’s specifications are acceptable for installation at lift stations and that the design shall include said equipment.

BE IT FURTHER RESOLVED, that a copy of this Resolution shall be submitted to the State of Louisiana Department of Health and Hospitals.

ITEM 20 On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution:

IT WAS RESOLVED that Mayor Clarence Fields be and is hereby authorized and empowered to enter into a contract of sub-lease on behalf of the City of Pineville, Louisiana, and accept same on behalf of the City of Pineville, Louisiana, on the terms and conditions set forth in the said lease, as previously executed by the aforementioned parties, and a copy of which is attached hereto, for the Buhlow Lake Property.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized and empowered to sign and execute same in behalf of the City of Pineville, Louisiana.

ITEM 21 On motion by Councilwoman Cunningham, seconded by Councilwoman Broussard and passed, it was resolved to approve a resolution:

WHEREAS, the Developer (Johnny Porter) for the proposed Porter Duplex development, which is located on U. S. Hwy. 71 and 167, being Lot 12 of The Retreat subdivision, has requested that the City provide for operation and maintenance of the wastewater collection improvements that are to be constructed by the Developer and conforming to City standards under the City Standard Developer Permit; and,

WHEREAS, the Plans and Specifications for the wastewater collection improvements have been submitted to the Department of Health and Hospitals (DHH) for review and approval by the Developer’s Engineer; and

WHEREAS, DHH has requested that the City provide a Resolution indicating their intent to operate and maintain the improvements once constructed.

NOW, THEREFORE BE IT RESOLVED, that the City hereby agrees to accept for operation and maintenance the wastewater collection improvements contingent upon the following:

(1) receipt of Board of Health approval of the design;

(2) receipt of all Permits and Certification as required under the City’s Third Party Developer Improvements procedures;

(3) receipt of appropriate Development permit fees;

(4) receipt of As-Built Record Drawings indicating locations of all lines, water valves, fire hydrants, sewer manholes, sewer wyes and services, etc;

(5) receipt of certification from Developer’s Engineer that improvements have been constructed in accordance with designs as approved by the Board of Health and in conformity to minimum standards established by the City as contained in the Developer’s Agreement;

(6) receipt from City Engineer of a report of inspection stating that improvements constructed have met designs as approved;

(7) receipt of appropriate documentation, meeting the approval of the City Attorney, that all improvements located on property not within publicly dedicated right-of-ways have been installed within easements or servitude acceptable to the City and meeting the minimum width requirements as required by the City Engineer;

(8) that the Plans and Specifications once receiving approval from the DHH shall be reviewed by the City Engineer to insure conformance for materials specified with City minimum standards for streets, drainage, water distribution and wastewater improvements.

BE IT FURTHER RESOLVED, that this acceptance is contingent on review and approval by the City Engineer of the Developer’s Drawings and Specifications for the work.

BE IT FURTHER RESOLVED, that the City’s sewage collection and treatment facilities can adequately handle the increase flow proposed for this development.

BE IT FURTHER RESOLVED, that the City Engineer is authorized to notify the Developer that only submersible wastewater pumps meeting the City’s specifications are acceptable for installation at lift stations and that the design shall include said equipment.

BE IT FURTHER RESOLVED, that a copy of this Resolution shall be submitted to the State of Louisiana Department of Health and Hospitals.

ITEM 22 On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution:

WHEREAS, Rylee Contracting, Inc., the Contractor for Drainage Improvements at the End of Lilly Scott Drive, has “substantially completed” the work under the Contract as recommended by the Engineer;

NOW THEREFORE BE IT RESOLVED, that the Contract of Rylee Contracting, Inc., the Contractor, for said work is hereby accepted as “Substantially Complete” with the understanding that the final retainage payment will be made upon satisfactory completion of any Punch List items and presentation of the Clear Lien Certificate as required by law; and,

BE IT FURTHER RESOLVED, that the signing and filing with the Clerk of Court of this Acceptance of Contract Resolution by the Mayor is hereby authorized; and,

It is HEREBY FURTHER RESOLVED, that the Mayor is authorized to sign a Final Recap Change Order adjusting the final contract quantities and time period as necessary.

ITEM 23 On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution:

WHEREAS, the City of Pineville has received widespread local objections to the changing of the name of “DILLON STREET” to “COMPTON STREET”;

NOW THEREFORE BE IT RESOLVED, that any previous council action authorizing said change is hereby canceled and annulled; and,

BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to restore any signs or markings that may have been removed or changed relating to DILLON STREET; and,

It is HEREBY FURTHER RESOLVED, that the Mayor is authorized to direct that any changes made to the Official City Map be voided.

On motion by Councilman Dorn, seconded by Councilman Bishop and passed, it was resolved to add an item to the agenda.

On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to accept for publication a petition for annexation of 4.7 acres located north of Donahue Ferry Road at the intersection of Iris Road belonging to New Way Investments, Inc. (Dean Tyler, President)

On motion by Councilman Dorn, seconded by Councilman Bouchie and passed, it was resolved to add another item to the agenda.

On motion by Councilwoman Cunningham, seconded by Councilman Bouchie and passed, it was resolved that the house located at 610 Monette Street be declared an emergency condemnation as it poses a threat to the health and public safety of the neighborhood.

Shirley Desselle addressed the Mayor and Council regarding a pond that is overgrown with algae located in Sunnyhill Acres.

Monique Smith, Health Initiatives Manager for the American Heart Association in Alexandria, invited everyone to an educational conference they are hosting next week at City Hall in Alexandria regarding Automatic External Defibrillators (AEDs) being placed in public buildings.

There being no further business to come before the Council, on motion by Councilwoman Cunningham, seconded by Councilman Dorn and passed, it was resolved to adjourn the meeting. The benediction was offered by Rev. Nathan Martin.

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Clarence R. Fields, Mayor

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Ellen Melancon, City Clerk

CERTIFICATE

I, Ellen Melancon, hereby certify that the attached and foregoing is a true and correct record of the official action taken at the Regular Council Meeting of the Mayor and City Council of the City of Pineville, Louisiana, in legal session convened on the 13th day of May 2003.

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Ellen Melancon, City Clerk