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MINUTES OF A REGULAR MEETING OF THE MAYOR

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MINUTES OF A REGULAR MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF RUSTON HELD ON MONDAY, MAY 2, 2011, AT 5:30 P.M., IN COUNCIL CHAMBERS/COURTROOM, 2ND FLOOR, CITY HALL, 401 NORTH TRENTON, RUSTON, LOUISIANA
A regular meeting of the Mayor and Board of Aldermen of the City of Ruston was held Monday, May 2, 2011, at 5:30 p.m., in the Council Chambers/Courtroom, 2nd Floor, City Hall, 401 North Trenton, Ruston, Louisiana. A quorum was present, notice having been duly served. Mayor Dan Hollingsworth, Aldermen Jedd Lewis, Elmore Mayfield, Jim Pearce and Alderwomen Glenda Howard and Marie Riggs were present. Mayor Dan Hollingsworth called the meeting to order at 5:30 p.m. The invocation was delivered by Alderman Jedd Lewis.
I.ADOPT:
A.AGENDA.
Motion was made by Alderman Jim Pearce and seconded by Alderwoman Glenda Howard to adopt the agenda. There were no comments from the audience. The motion passed by unanimous vote.
B. MINUTES OF APRIL 4, 2011, REGULAR MEETING.
Alderman Jedd Lewis made a motion, seconded by Alderman Jim Pearce to approve the Minutes of the April 4, 2011, Regular Council meeting. Mayor Hollingsworth asked for comments from the audience and there were none. The motion passed by unanimous vote.
C. MINUTES OF APRIL 18, 2011, SPECIAL MEETING.
Alderman Jim Pearce made a motion, seconded by Alderman Elmore Mayfield, to approve the Minutes of the April 18, 2011, Special Council meeting. Mayor Hollingsworth asked for comments from the audience and there were none. The motion passed by unanimous vote.
II. ADMINISTRATION:
A. PUBLIC HEARING.
Dr. Gary Joiner, demographic consultant assisting with the remap process, made a statement relative to changes to the aldermen districts saying that he had heard only positive comments from citizens. Mayor Hollingsworth called for a public hearing at 5:33 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 5:33 p.m., and called for final consideration by the Aldermen.
B. CONSIDER ORDINANCE NO. ____ OF 2011, AMENDING AND ARE-ENACTING SECTION 12.1, CHAPTER 12, OF THE CODE OF ORDINANCES OF THE CITY OF RUSTON, LOUISIANA, PROVIDING DELINEATION OF THE BOARD OF ALDERMEN DISTRICT BOUNDARIES, BASED UPON THE 2010 CENSUS.
Alderman Elmore Mayfield made a motion, seconded by Alderwoman Jim Pearce, to adopt the ordinance. The title of the ordinance was read, a roll call vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN JEDD LEWIS
ALDERMAN ELMORE MAYFIELD
ALDERMAN JIM PEARCE
ALDERWOMAN MARIE RIGGS
NAY: NONE
ABSENT: NONE
The motion passed by unanimous vote. (ORDINANCE NO 1610 OF 2011)
III. POLICE DEPARTMENT:
A. INTRODUCE ORDINANCE NO. ____ OF 2011, AMENDING SEC. 11-67 (b), SEC. 11-69(b) AND SEC. 11-108(b)(1)c OF CHAPTER 11 OF THE CODE OF ORDINANCES OF CITY OF RUSTON, LOUISIANA.
The ordinance was introduced by Alderman Elmore Mayfield.
IV. LIGHT & POWER:
A. CONSIDER RESOLUTION NO. ____ OF 2011, AUTHORIZING CITY TO ENTER INTO PROFESSIONAL SERVICES AGREEMENTS WITH CCG CONSULTING, LLC, AND THE BALLER HERBST LAW GROUP IN CONNECTION WITH FIBER OPTIC DATA SERVICES.
Darrell Caraway was present to explain that the proposed resolution would authorize an agreement with CCG Consulting, LLC, to provide technical services related to the development of fiber optic data services, and with Baller Herbst Law Group to provide legal services related to the Project. Motion was made by Alderman Jim Pearce and seconded by Alderman Jedd Lewis to approve the resolution. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote. (RESOLUTION NO. 739 OF 2011)
V. WATER UTILITIES:
A. AUTHORIZE CITY TO EXTEND CONTRACT WITH VECTOR DISEASE CONTROL, INC., TO PROVIDE MOSQUITO CONTROL SERVICES.
Troy Whitman was present to answer Council’s questions and after discussion, motion was made by Alderwoman Glenda Howard and seconded by Alderwoman Marie Riggs to extend the contract for mosquito control with Vector Disease Control, Inc., for ninety (90) days with the option to extend at thirty (30) day increments until the City receives further proposals. The Mayor asked for comments from the audience and John Hays commented on the West Nile Virus. The motion passed by unanimous vote.
VI. PLANNING & ZONING:
A. PUBLIC HEARING.
Jim Hays stated that applicant had submitted an application for conditional use approval to convert the old gas station at 609 West California Avenue into a small automotive service center. He further stated that the Zoning Commission had reviewed elements of this application in a public hearing on April 18, 2011, and voted unanimously to recommend approval by the Board of Aldermen subject to the following conditions:
1) Project must be completed by June 1, 2011;
2) The development must be substantially in conformance with the approved site plans submitted as part of the con
3) Alderman Mayfield suggested that an eight foot fence to serve as a buffer be placed on the southern property line to keep loud noises to a minimum. It was so noted by Jim Hays. Mr. Shackelford stated that the building is constructed of cinderblocks and all work would be done inside, so noise should not be a factor. He also stated that old tires would not be stacked on the property. Mayor Hollingsworth called for a public hearing at 5:47 p.m. Joshua True Shackelford was present to answer questions from the Council. Having no one else from the audience to comment, the Mayor closed the public hearing at 5:48 p.m., and called for final consideration by the Aldermen.
B. CONSIDER FOR ACTION CASE NO. 1086 – APPLICATION FOR CONDITIONAL USE PERMIT
Case No. 1086: Application for Conditional Use Permit (Proposed Automotive Service Center)
Applicant: Joshua True Shackelford
Location: 609 West California Avenue
Following a brief discussion, motion was made by Alderman Elmore Mayfield and seconded by Alderwoman Glenda Howard to approve the application subject to the listed conditions. The motion passed by unanimous vote.
C. PUBLIC HEARING.
Jim Hays stated that the Church of Jesus Christ of Latter-Day Saints has submitted an application for conditional use approval to build an 1800 square foot, open wall, picnic pavilion on their five acre lot located at 205 West Woodhaven Road and in addition to the pavilion, they would like to construct a softball backstop for the kids to play softball on the lawn area in front of the pavilion. He further stated that the Zoning Commission had reviewed elements of this application in a public hearing on April 18, 2011, and voted unanimously to recommend approval by the Board of Aldermen subject to the following conditions:
1) Project must be completed by September 2, 1011;
2) The development must be substantially in conformance with the approved site plans submitted as part of the conditional use permit; and,
3) Cut as few trees as necessary.
There was a discussion about what is meant by the statement “cut as few trees as necessary.” Mayor Hollingsworth called for a public hearing at 5:52 p.m. Mr. Justin Hardy, Facilities Manager for the Church, pointed out to Council members that the trees to be kept and those removed were marked on the plat attached to the staff report in the packet. Having no one else from the audience to comment, the Mayor closed the public hearing at 5:53 p.m., and called for final consideration by the Aldermen.
D. CONSIDER FOR ACTION CASE NO. 1087 – APPLICATION FOR CONDITIONAL USE PERMIT
Case No. 1087: Application for Conditional Use Permit (Proposed open Picnic Shelter)
Applicant: The Church of Jesus Christ of latter Day Saints
Location: 205 West Woodhaven Road
Following a brief discussion, motion was made by Alderman Jedd Lewis and seconded by Alderman Jim Pearce to approve the application subject to the discussed conditions. The motion passed by unanimous vote.
VII. CODE ENFORCEMENT:
A. REQUEST PERMISSION TO START THE PROPERTY CONDEMNATION PROCESS AS REQUIRED BY ORDINANCE FOR THE STRUCTURES LOCATED AT THE FOLLOWING ADDRESSES:
Address
Owner
105 Turner Lincoln Parish Police Jury
709 Edgewood Dennis Gipson, Dariea Wokomah, Herbie Gipson, Rebecca Harris, Tony Gipson, Tanaca Cheadle and Teanna Ramirez
1309 Strain Jacqueline Winston, Carl Payne
808 Pearl
Lowellton Price
216 Cotton Avenue New Hope Missionary Baptist Church
805 Groveland Lincoln Parish Police Jury
709 1/2 Jenkins
Ike Davis
Mayor Hollingsworth read a list of subject properties. Mark Joiner recommended that the listed properties be demolished, removed or improved to meet current Building Code and also requested permission to start the property condemnation process on these structures. Joiner stated that all property owners have been notified. A motion was made by Alderman Elmore Mayfield and seconded by Alderwoman Glenda Howard to approve Joiner’s recommendations. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote.
B. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 1512 SIKES CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 1512 Sikes and to start the property condemnation process. He reported that the property owner (Ashley Celest) has been notified of the hearing. Joiner recommended that the Council set a deadline of fifteen (15) days for the owner to repair, demolish or remove the structures and if the owner fails or refuses to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner. Mayor Hollingsworth called for a public hearing at 5:54 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 5:54 p.m., and called for final consideration by the Aldermen.
C. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 1512 SIKES.
After discussion, a motion was made by Alderwoman Glenda Howard and seconded by Alderman Jedd Lewis to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
D. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 510 CALCOTE CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 510 Calcote and to start the property condemnation process. He reported that the property owner is listed as (Dexter White). Joiner stated that Mr. White had been issued a remodel permit on March 28, 2011, and is in the process of making repairs. Joiner recommended that the Council set a deadline of ninety (90) days for the owner to repair, demolish or remove the structure and if the owner fails or refuses to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner. Mayor Hollingsworth called for a public hearing at 5:56 p.m. Dexter White, property owner, stated that he is repairing the structure. Having no one else from the audience to comment, the Mayor closed the public hearing at 5:57 p.m., and called for final consideration by the Aldermen.
E. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 510 CALCOTE.
After discussion, a motion was made by Alderman Elmore Mayfield and seconded by Alderman Jedd Lewis to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
F. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 1405 HILL CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 1405 Hill and to start the property condemnation process. He reported that the property owner (Katherine Lyons) has been notified of the hearing. Joiner recommended that the Council set a deadline of fifteen (15) days for the owners to repair, demolish or remove the structure, and if the owner fails or refuses to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owners. Mayor Hollingsworth called for a public hearing at 5:58 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 5:58 p.m., and called for final consideration by the Aldermen.
G. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 1405 HILL.
After discussion, a motion was made by Alderman Elmore Mayfield and seconded by Alderwoman Glenda Howard to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
H. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 3010 SOUTH VIENNA CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 3010 South Vienna and to start the property condemnation process. He reported that the property owner (South Parkway Church) has been notified of the hearing. Joiner recommended that the Council set a deadline of thirty (30) days for the owner to repair, demolish or remove the structure, and if the owner fails or refuses to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner. Mayor Hollingsworth called for a public hearing at 5:59 p.m. Andy Richardson, a church representative, stated that they are in the process of having the structure(s) removed. Having no one else from the audience to comment, the Mayor closed the public hearing at 6:00 p.m., and called for final consideration by the Aldermen.
I. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 3010 SOUTH VIENNA.
After discussion, a motion was made by Alderman Elmore Mayfield and seconded by Alderman Jedd Lewis to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
J. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 912 JONES CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 912 Jones and to start the property condemnation process. He reported that the property owners (Brinard Odom, Toni Odom, Wilbur Odom and Crevonne Odom) have been notified of the hearing. Joiner stated that owners had the structure tested for asbestos and have begun remodeling. He recommended that the Council set a deadline of thirty (30) days, and if the owners fail or refuse to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner. Mayor Hollingsworth called for a public hearing at 6:01 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 6:01 p.m., and called for final consideration by the Aldermen.
K. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 912 JONES.
After discussion, a motion was made by Alderman Jedd Lewis and seconded by Alderwoman Glenda Howard to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
L. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 1203 OAKDALE CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 1203 Oakdale and to start the property condemnation process. He reported that the property owners (James Elam and Elizabeth Hatter) have been notified of the hearing. Joiner recommended that the Council set a deadline of thirty (30) days for the owners to repair, demolish or remove the structure, and if the owners fail or refuse to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner. Mayor Hollingsworth called for a public hearing at 6:02 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 6:02 p.m., and called for final consideration by the Aldermen.
M. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 1203 OAKDALE.
After discussion, a motion was made by Alderwoman Glenda Howard and seconded by Alderman Elmore Mayfield to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
N. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 700 ARLINGTON CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 700 Arlington and to start the property condemnation process. He reported that the property owner (Marvin Davis) has been notified of the hearing. Joiner stated that he had met with Mr. Davis about structural issues and recommended that the Council set a deadline of ninety (90) days for the owner to repair, demolish or remove the structure, and if the owner fails or refuses to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner. Mayor Hollingsworth called for a public hearing at 6:04 p.m. Marvin Davis, property owner, stated that he wants to bring the structure up to code. Having no one else from the audience to comment, the Mayor closed the public hearing at 6:05 p.m., and called for final consideration by the Aldermen.
O. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 700 ARLINGTON.
After discussion, a motion was made by Alderwoman Glenda Howard and seconded by Alderman Jedd Lewis to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
P. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 712 ARLINGTON CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 712 Arlington and to start the property condemnation process. He reported that the property owner (Clyde Oliver) has been notified of the hearing. Joiner stated that he had spoken to Mr. Oliver’s daughter who said that Mr. Oliver plans to have the structure demolished and recommended that the Council set a deadline of sixty (60) days for the owner to repair, remove or demolish the structure, and if the owner fails or refuses to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner. Mayor Hollingsworth called for a public hearing at 6:06 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 6:06 p.m., and called for final consideration by the Aldermen.
Q. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 712 ARLINGTON.
After discussion, a motion was made by Alderwoman Glenda Howard and seconded by Alderman Elmore Mayfield to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
R. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 1207 SOUTH TRENTON CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 1207 South Trenton and to start the property condemnation process. He reported that the property owners (Vinson and Betty Crawford) have been notified of the hearing. Joiner stated that the property owners have asked for time to make improvements to the property and recommended that the Council set a deadline of ninety (90) days for the owners to repair, demolish or remove the structure, and if the owners fail or refuse to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner. Mayor Hollingsworth called for a public hearing at 6:07 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 6:07 p.m., and called for final consideration by the Aldermen.
S. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 1207 SOUTH TRENTON.
After discussion, a motion was made by Alderwoman Glenda Howard and seconded by Alderman Elmore Mayfield to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
T. PUBLIC HEARING FOR THE PROPERTY OWNERS OF 207 UNION CONCERNING ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED THERE.
Mark Joiner reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 207 Union and to start the property condemnation process. He reported that the property owner (Floyd Stinson) has been notified of the hearing. Joiner stated that Mr. Stinson plans to make improvements to the structure and recommended that the Council set a deadline of sixty (60) days for the owner to repair, demolish or remove the structure, and if the owner fails or refuses to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner. Mayor Hollingsworth called for a public hearing at 6:09 p.m. Floyd Stinson, property owner, stated that he plans to make improvements to the house for the purpose of using it for storage. A discussion followed in which he was informed that he could not use the house for storage but would need to bring it up to residential standards. Stinson also stated that he believes the City should address the flood zone problems in the area of his house. Alderwoman Howard stated that she has spoken to Lewis Love regarding flooding issues in Ward One. Having no one else from the audience to comment, the Mayor closed the public hearing at 6:15 p.m., and called for final consideration by the Aldermen.
U. DISCUSS AND TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD STRUCTURES LOCATED AT 207 UNION.
After discussion, a motion was made by Alderwoman Glenda Howard and seconded by Alderman Jedd Lewis to approve Joiner’s recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
VIII. FINANCE:
A. PUBLIC HEARING.
Emmett Gibbs was present to answer Council’s questions. Alderman Jedd Lewis requested that the budget summary that is attached to the ordinance be revised to include a description of each line item for clarification purposes. Mayor Hollingsworth called for a public hearing at 6:22 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 6:22 p.m., and called for final consideration by the Aldermen.
B. CONSIDER ORDINANCE NO. ____ OF 2011, ADOPTING AMENDMENTS FOR THE PERIOD OCTOBER 1, 2010, THROUGH MARCH 31, 2011, TO THE ANNUAL BUDGET OF REVENUES AND EXPENDITURES FOR THE FISCAL YEAR OCTOBER 1, 2010, THROUGH SEPTEMBER 30, 2011, FOR THE CITY OF RUSTON LOUISIANA.
Alderman Elmore Mayfield made a motion, seconded by Alderwoman Jedd Lewis, to adopt the ordinance. The title of the ordinance was read, a roll call vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN JEDD LEWIS
ALDERMAN ELMORE MAYFIELD
ALDERMAN JIM PEARCE
ALDERWOMAN MARIE RIGGS
NAY: NONE
ABSENT: NONE
The motion passed by unanimous vote. (ORDINANCE NO 1611 OF 2011)
C. PRESENTATION OF FYE 9/30/10 AUDIT REPORT.
Douglas Brewer, Certified Public Accountant, reported on the FYE 9/30/10 Audit and said the City had received an unqualified opinion with one compliance finding dealing with the Section 8 Program.  He reviewed various fund levels and noted that the City had ended the fiscal year in sound financial shape. Brewer said the Net Assets increased $4.7 million for the year from $119.9 million to $124.6 million with capital assets representing $107.5 million of this figure.  No action was taken. Mayor Hollingsworth announced that the City had received word that the department’s fire rating has improved from a Class 3 to a Class 2 rating. The Mayor added that the Class 2 rating should result in savings for businesses as well as residential. He congratulated Chief James Austin and the Ruston Fire Department for their efforts in making our City a safer place. No action was taken.
IX. ADJOURN MEETING:
There being no further business, the meeting of the Mayor and Board of Aldermen was adjourned at 6:25 p.m.
June 6, 2011
APPROVED
ATTEST:
EMMETT GIBBS, CLERK DAN HOLLI NGSWORTH, MAYOR
1td: June 17, 2011

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