July 21, 2009
The Mayor and Council of the Town of
Kenneth
O. Stinson, Mayor
Harold
R. Douga, Council Member
William
“BB” Loyd, Mayor Pro Tem
Paul
Patin, Council Member
ABSENT: None
ALSO PRESENT:
The
following Reports were submitted:
Total Payroll for June, 2009 $ 94,679.37
Total Receipts for June, 2009 $ 837,201.96
Total Disbursements for June, 2009 $
760,361.32
Total Bills for June, 2009 $
382,362.06
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Kenneth O. Stinson, Mayor called the meeting to order. Chaplin Tatum led in prayer, and there
followed the Pledge of Allegiance.
It was moved by Council Member Loyd
that the minutes of prior meeting/s, copies of which were mailed to each
Council Member, be approved as written.
The motion was seconded by Council Member Merchant and carried.
Mary Vice, City Clerk gave the
monthly Administration Department report.
Bills for the month of June, 2009,
were approved and payment authorized upon a motion by Council Member Patin,
seconded by Council Member Douga and carried.
It was moved by Council Member Douga
that Council Member Loyd be elected as Mayor Pro Tem for the 2009-2013
term. The motion was seconded by Council
Member Merchant and carried.
Representative Mike Danahay updated
the governing authority and public present on the legislative session that
recently ended.
Mayor Stinson presented Brittney
Stine with an Achievement Award for being chosen as one of the 40 regional
finalist in the “Doodle 4 Google Contest”.
Fire Chief
American
Legion Post 208
Vinton
Knights of
Vinton
VFW
Mayor Stinson updated the governing
authority on pending grants and projects.
Upon the recommendation of Mayor
Stinson, it was moved by Council Member Douga that Mary O. Vice be appointed as
City Clerk, Treasurer and Tax Collector for the 2009-2013 term. The motion was seconded by Council Member
Loyd and carried.
Upon the recommendation of Mayor
Stinson, it was moved by Council Member Loyd that
Upon the recommendation of Mayor Stinson, it was moved by Council Member
Merchant that Alvin B. King be appointed as Magistrate for the 2009-2013
term. The motion was seconded by Council
Member Loyd and carried.
Upon the recommendation of Mayor
Stinson, it was moved by Council Member Douga that
Upon the recommendation of Mayor
Stinson, it was moved by Council Member Loyd that Rev. Robert Tatum be
appointed as the Town Chaplin for the 2009-2013 term The motion was seconded by Council Member
Merchant and carried.
Mayor Stinson appointed the following
council members to the 2010 Budget Committee:
Harold
Douga
Mayor Stinson reported that bids were
received for the 2009 Street Overlay Project on Friday, June 17, 2009, and
given to the attorney for his review and recommendation. The bids received were as follows:
Bessette
Development Corporation
Bid: $118,316.00
Prairie
Contractors, Inc
Bid: $165,747.25
R.E.
Heidt Construction, Co., Inc.
Bid: $123,002.75
Upon the recommendation of Attorney
Minaldi, it was moved by Council Member Loyd to accept the bid from Bessette
Development Corporation in the amount of $118,316.00 for the 2009 Street
Overlay Project. The motion was seconded
by Council Member Patin and carried.
Mayor Stinson reported that the
following property owners have been served with demolition notices for un-safe
structures located on said property and have been given this date for a hearing
to show why said structures should not be demolished:
Joseph Guillory Joseph
Guillory
Mayor Stinson asked if Mr. Guillory
was present for said hearing. Mr.
Guillory was not present.
It was moved by Council Member
Merchant to proceed with demolition process of un-safe structures located on
It was moved by Council Member Patin
that the following Resolution be adopted.
The motion was seconded by Council Member Loyd and the vote cast thereon
was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
RESOLUTION
BE IT RESOLVED by the Governing
Authority of the Town of Vinton, Louisiana, in regular session convened that
Mayor Kenneth O. Stinson is hereby authorized and empowered to submit an
application with the Calcasieu Parish Road and Drainage Trust Fund for the
Center Street Bridge and Williams Road Extension Project.
BE IT FURTHER RESOLVED that the Mayor
is also given the authority to sign and execute all legal documents pertaining
to said project.
APPROVED AND ADOPTED this 21st
day of July, 2009.
___________________________________
Kenneth
O. Stinson, Mayor
ATTEST:
_______________________________________
Mary O. Vice, City Clerk
A
motion was made by Council Member Douga, seconded by Council Member Merchant
that a Citizen Participation Plan/Citizen Complaint Procedure be adopted and Mary Vice
be appointed as Citizen Complaint Officer for compliance with the LCDBG
program.
The
vote was recorded as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
A
motion was made by Council Member
Merchant and seconded by Council Member Loyd that the LCDBG application will be
submitted for the following: Potable
Water
The vote was recorded as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
A motion was made by Council Member
Douga and seconded by Council Member Merchant authorizing the Chief Elected Official, Mayor Kenneth O.
Stinson to proceed with the procurement and selection of professional services
for the purpose of assisting in the development of the LCDBG application and
implementation of the project (possible discussion of firms to be considered
for administrative and engineering services).
The vote was recorded as
follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
It
was moved by Council Member Douga that the following Resolution be
adopted. The motion was seconded by
Council Member Loyd and the vote cast thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
RESOLUTION
BE
IT RESOLVED by the Governing Authority of the Town of Vinton, Louisiana, in
regular session convened that Mayor Kenneth O. Stinson is hereby authorized and
empowered to request and receive bids for the purchase of a grapple truck.
APPROVED
AND ADOPTED this 21 day of July, 2009.
_________________________________
Kenneth
O. Stinson, Mayor
ATTEST:
__________________________________
Mary O. Vice, City Clerk
RESOLUTION
WHEREAS the
Town of
WHEREAS
financial assistance for this project is available through the
NOW,
THEREFORE, BE IT RESOLVED, by representatives of the Town of
Section 1. The Mayor, Kenneth O. Stinson, is
hereby authorized to submit an application to the Department of Environmental
Quality on behalf of the Town of Vinton for the purpose of funding the cited
improvement project through the MFRLF loan program;
Section 2. The Mayor, Kenneth O. Stinson, is
further authorized to furnish such additional information as may be reasonably
be required in connection with the application; and
Section 3. The Mayor, Kenneth O. Stinson, is
hereby designated as the Official Project Representative for the Town of
A MOTION TO
ADOPT the above resolution was made by Council Member Douga, seconded by
Council Member Merchant and resulted in the following vote:
YEAS: Council Members
Bujard, Douga, Loyd, Merchant and Patin
NAYS: None
ABSENT: None
ABSTAINING:
None
CERTIFICATE
We the
undersigned do certify that the foregoing resolution is a true and correct copy
of a resolution adopted at a meeting held on the 21st day of July, 2009, at
which meeting a quorum was present and voting.
____________________________________
Kenneth
O. Stinson, Mayor
ATTEST:
___________________________________
Mary O. Vice, MMC/City
Clerk
The
following resolution was offered by Council Member Loyd and seconded by Council
Member Douga:
RESOLUTION
A resolution giving
preliminary approval to the incurring of debt and issuance of a Utility Revenue
Bond, Series 2009 in an amount not to exceed $1,200,000, by the Town of Vinton,
State of Louisiana; employing Bond Counsel to the Town; making application to
the State Bond Commission for approval of said bond; and providing for other
matters in connection therewith.
BE
IT RESOLVED by the Town Council of the Town of Vinton, State of Louisiana (the
“Governing Authority”), acting as the governing authority of the Town of
Vinton, State of Louisiana (the “Town”), that:
Preliminary
Approval of Bond. Pursuant to La. R.S. 39:1430 and La. R.S.
30:2079, and other constitutional and statutory authority (the “Act”), the Town
of Vinton, State of Louisiana, State of Louisiana (the “Town”) shall proceed
with the incurring of debt for the purpose of acquiring, constructing and installing
improvements, extensions and additions to the sewerage system of the Town,
through the issuance of its Utility Revenue Bond, Series 2009, in an amount not
exceeding One Million Two Hundred Thousand Dollars ($1,200,000) (the “Bond”). The Bond shall be issued in the form of a
single fully registered bond, dated the date of delivery thereof and numbered
R-1. The Bond shall be non-interest
bearing, and shall mature in a single installment not later than twenty (20)
years from date thereof. The principal
of the Bond will be subject to forgiveness, and will be subject to prepayment
at any time, in whole or in part at the option of the Town, at a price of par
plus accrued interest to the date of prepayment. Additional details of the Bond will be set
forth by subsequent ordinance adopted by this Governing Authority.
By
virtue of the Town’s application for, acceptance and utilization of the
benefits of the Louisiana State Bond Commission’s approval(s) resolved and set
forth herein, it resolves that the Town understands and agrees that such
approval(s) are expressly conditioned upon, and it further resolves that it
understands, agrees and binds itself, its successors and assigns, to full and
continuing compliance with the “State Bond Commission Policy on Approval of
Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.”,
adopted by the State Bond Commission on July 20, 2006, as to the borrowing(s)
and other matter(s) subject to the approval(s), including subsequent
application and approval under said Policy of the implementation or use of any
swap(s) or other product(s) or enhancement(s) covered thereby.
The foregoing resolution having been
submitted to a vote, the vote cast thereon was as follows:
YEAS: Council
Members Bujard, Douga, Loyd, Merchant and Patin
NAYS: None
ABSENT: None
And the resolution was declared adopted on
this, the 21st day of July, 2009.
Mary Vice,
Town Clerk Kenneth
Stinson, Mayor
STATE OF
PARISH OF
I, the undersigned Town Clerk of
the Town Council of the Town of Vinton, State of Louisiana (the “Governing Authority”), do hereby certify
that the foregoing three (3) pages constitute a true and correct copy of a
resolution giving preliminary approval to the incurring of debt and issuance of
a Utility Revenue Bond, Series 2009 in an amount not to exceed $1,200,000, by
the Town of Vinton, State of Louisiana; employing Bond Counsel to the Town;
making application to the State Bond Commission for approval of said bond; and
providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my
official signature and the impress of the official seal of said Town at Vinton,
Mary
Vice, Town Clerk
(SEAL)
Attorney
Minaldi read aloud the title of the proposed ordinance authorizing the lease of
the town property located at
It
was moved by Council Member Douga that the regular meeting be recessed for a
public hearing regarding the proposed ordinance. The motion was seconded by Council Member
Loyd and carried.
Council
Member Patin questioned the process of choosing a tenant if two or more of the
bids received offered the same rent amount. Mr. Patin was informed that it would be up to
the council to choose the tenant in the event where two or more bidders offered
the same rent amount.
It
was moved by Council Member Patin that the regular meeting be re-convened. The motion was seconded by Council Member
Douga and carried.
It
was moved by Council Member Douga that the following Ordinance be adopted. The motion was seconded by Council Member
Loyd and the vote cast thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
ORDINANCE
NO. __________
ORDINANCE OF THE TOWN OF
WHEREAS, the Town Of Vinton (“hereinafter referred to
as the “Town”) owns the land, building and improvements at 1346 Horridge Street
in the Town of Vinton (hereinafter referred to as the “Property”); and
WHEREAS, the Town’s occupation and use of the
Property is not necessary for the administration of the business of the Town;
and
WHEREAS, the Town believes that it is the interest of
the Town to not allow the Property to be unoccupied, and that it is in the best
interest of the Town to have the Property utilized in such a manner as to
produce revenue for the Town; and
WHEREAS, the Town desires, pursuant to
NOW, THEREFORE; BE IT ORDAINED
that the Code of Ordinances,
The
Town shall receive sealed bids for the lease of the Property at the office of
the Town Clerk,
Referring
herein to the Town as “Lessor”, and to the person submitting the bid as
“Lessee”, and to the lease agreement for the Property as the “Lease”, all bids
shall offer not less than the following minimum rent, terms and provisions:
1. The rent under the Lease shall not be less than
$400 per month.
2. The initial Term of this lease shall be
for not less than twelve (12) months.
3. The Lessee shall have one (1) option to
renew the lease for twelve (12) months, conditioned upon Lessor and Lessee
having agreed prior to renewal of a mutually acceptable rent increase for the
option year; the Lessee shall provide Lessor notice of Lessee’s intent to renew
not less than three (3) months prior to end of the initial Term of the Lease.
4. The Lease shall be without warranty of title even
as to the return of rent previously paid.
5. The Lessee shall provide and maintain, at
Lessee’s sole cost and expense, during the initial Term and any renewal term of
the Lease not less than the following insurance coverages:
(a)
Liability Insurance for the protection of Lessee, Lessor and Lessor’s elected
officials, officers, employees, agents and servants, as their interest may
appear, Commercial General Liability Insurance with limits of not less than
$1,000,000.00 combined single limit per occurrence with an insurance company
reasonably acceptable to Lessor, and with the Lessor being named as an additional
named insured under such policy or policies, and with Lessee supplying to
Lessor evidence of the existence of such insurance prior to taking possession
of the Property;
(b) Property Insurance covering loss or damage to Lessee’s improvements to the
Property, and to Lessee’s furniture, fixtures, equipment and personal property
on the Property in the amount of the full replacement value thereof, providing
protection against all perils included within the classifications of fire,
flood, extended coverage, vandalism, and malicious mischief;
(c) Louisiana Worker’s Compensation Insurance and any other coverage required by law in coverages not less
than the limits mandated by such law.
As part of
such contracts of insurance, there shall be a waiver in favor of Lessor of any
right of subrogation which might otherwise exist in or accrue to any person on
account of such insurance coverage(s).
6. Lessee shall pay all general ad valorem
taxes on the furniture, fixtures,
equipment and personal property on the Property, as well as on any improvements erected thereon by Lessee.
7. Lessee shall not use or permit any other
person to use the Property for any illegal activity or purpose or other purpose
tending to injure the reputation of the Property or of the Town, or for any
improper or offensive use or which constitutes a nuisance.
8. Lessee is not entitled to assign or
sublease all or any part of the Property without the prior written consent of
Lessor.
9. Lessee shall not have the right to
mortgage, hypothecate, encumber or grant any Deed of Trust, mortgage or
collateral assignment covering or otherwise encumbering the leasehold estate
created under this Lease or any interest therein.
10. Should Lessee remain in possession of the Property or any part
thereof, after the expiration of this Lease, without the execution of a renewal
or a new Lease by Lessor and Lessee, then Lessee shall become a tenant from
month‑to‑month of the property, or part thereof, under all the
terms, conditions, provisions and obligations of this Lease and such month‑to‑month
tenancy may be terminated by either Lessor or Lessee as of the end of any
calendar month upon thirty (30) days prior written notice.
11. Upon termination of this Lease, Lessee shall surrender the
Property in good order and clean condition, ordinary wear and tear, alterations
and improvements and the elements excepted.
12. In the event Lessor places the matter in the hands of an
attorney and/or institutes legal proceedings against Lessee for breach of any
of the terms, conditions or covenants of this Lease, the Lessee shall pay all
costs, charges and expenses relative thereto, including reasonable attorney's
fees.
13. Lessee shall comply with all laws, ordinances, rules and
regulations in so far as they pertain to the particular manner in which the
Lessee shall use the Property.
The Town
reserves the right to reject any and all bids.
APPROVED AND ADOPTED at Vinton,
______________________________________
Mary
O. Vice, City Clerk
I HEREBY CERTIFY that the fore- The
foregoing Ordinance is
going Ordinance has been
presented hereby
approved and
to the Mayor this 23rd
day of returned
to the Town Clerk this
July, 2009. 23rd
day of July, 2009.
______________________________ ____________________________
City Clerk Mayor
It was moved by Council Member Douga
that he following Ordinance be introduced and a Public Hearing be held on
August 18, 2009. The motion was seconded
by Council Member Loyd and the vote cast thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
TOWN OF
STATE OF
ORDINANCE NO.
___
AN ORDINANCE AUTHORIZING THE INCURRENCE OF DEBT AND ISSUANCE OF
NOT TO EXCEED $1,200,000 OF UTILITY REVENUE BONDS, SERIES 2009, OF THE TOWN OF
VINTON, STATE OF LOUISIANA; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR
APPROVAL OF SAID BONDS; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
PUBLIC NOTICE
PUBLIC NOTICE IS
HEREBY GIVEN IN ACCORDANCE
WITH THE PROVISIONS
OF LSA-R.S. 33:406b(2) OF
THE INTRODUCTION
BEFORE THE MAYOR AND
COUNCIL OF THE TOWN
OF
AN ORDINANCE ENTITLED
AS FOLLOWS, TO-WIT:
ORDINANCE
AN ORDINANCE AUTHORIZING THE INCURRENCE OF DEBT AND ISSUANCE OF
NOT TO EXCEED $1,200,000 OF UTILITY REVENUE BONDS, SERIES 2009, OF THE TOWN OF
VINTON, STATE OF LOUISIANA; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR
APPROVAL OF SAID BONDS; AND PROVIDING FOR OTHER MATTERS IN CONNECTION
THEREWITH.
PUBLIC NOTICE
IS HEREBY FURTHER GIVEN THAT A PUBLIC
HEARING WILL BE HELD
IN CONNECTION WITH THE
ADOPTION OF SAID
ORDINANCE AT A REGULAR
MEETING OF THE MAYOR
AND COUNCIL AT 6:00 P.M.,
ON THE 18th
DAY OF AUGUST, 2009, AT THE REGULAR
MEETING PLACE OF SAID MAYOR AND COUNCIL, AT CITY
HALL,
IMMEDIATELY AFTER
SAID PUBLIC HEARING THE COUNCIL
WILL CONSIDER ADOPTION OF SAID ORDINANCE.
Chief of Police, Ricky Fox gave the
monthly police department report.
Ms. Trueheart Taylor and Mr. Joe
Thomas discussed an incident that took place between the Vinton police officers
and Ray Thomas.
There being no further business to
come before the Governing Authority, it was moved by Council Member Bujard that
the meeting be adjourned. The motion was
seconded by Council Member Douga and carried.
______________________________
Kenneth O. Stinson, Mayor
ATTEST:
___________________________
Mary
O. Vice, City Clerk