West Baton Rouge Parishcouncil

WEST BATON ROUGE PARISHCOUNCIL

REGULAR MEETING – OCTOBER 23, 2008

BRUSLYTOWN HALL

601 S. VAUGHN, BRUSLY, LOUISIANA

6:30 PM

The Regular Meeting of the West Baton Rouge Parish Council was held on Thursday, October 23, 2008 and called to order. At this time Council Chairman Randal Mouch requested that all electronic devices be silenced and recognized Joey Normand, who led everyone in the pledge of allegiance.

Roll call was taken with the following members being present:

Mr. Jeff “Petit” Kershaw, Messrs. Ricky Loupe, Randal “Randy” Mouch, Gary “Sprout” Spillman, Phil Porto, Jr., Mrs. Alethea “Lisa” Johnson, Mr. Robert G. “Bob” Robertson

Absent:Ms. Charlene Gordon, Mr. Keith K. “Keedy” Washington, Sr.

Parish President Riley Berthelot, Jr. was also present.

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Director-Department of Finance Phillip Bourgoyne was recognized and requested proposal submitted 10/21/08 for employee group medical and life insurance be deferred until the Council’s first meeting in November to negotiate with current carrier (lone proposal) for decrease in premium through additional options.

A motion was made by Mr. Ricky Loupe, seconded by Mr. Gary Spillman to defer consideration of proposal submitted 10/21/08 for Employee Group Medical and Life Insurance until the Council’s first meeting in November as requested by Administration.

Roll call vote on the motion was recorded as follows:

YEAS:7 (Messrs. Kershaw, Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Mr. Robertson)

NAYS:0 (None)

ABSENT:2 (Ms. Gordon, Mr. Washington)

As a result of the roll call vote the motion was unanimously adopted by those members present.

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Ms. Gordon entered the meeting at this time.

The Council Clerk was recognized under item 5 (consider any amendments to the agenda) and requested that the agenda be amended to consider the following: 1) WBR Properties rezoning request deferred from 10/9/08 in order to obtain recommendation from the Zoning Commission, 2) consider changing the next meeting date from 11/13/08 to 11/12/08 due to conflict with Region 3 Police Jury Association of Louisiana meeting, and 3) ratify the hurricane debris contract awarded to Young General Contractors, Inc. (YGCI).

A motion was made by Mr. Gary Spillman, seconded by Mr. Jeff Kershaw to amend tonight’s agenda for the items as aforementioned by the Council Clerk.

Roll call vote on the motion was recorded as follows:

YEAS:8 (Mr. Kershaw, Ms. Gordon, Messrs. Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Mr. Robertson)

NAYS:0 (None)

ABSENT:1 (Mr. Washington)

As a result of the roll call vote the motion was unanimously adopted by those members present.

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A motion was made by Mr. Gary Spillman, seconded by Mrs. Alethea Johnson to change the next regular meeting date from Thursday, November 13, 2008 to Wednesday, November 12, 2008due to conflict with Region 3 Police Jury Association of Louisiana meeting.

Roll call vote on the motion was recorded as follows:

YEAS:8 (Mr. Kershaw, Ms. Gordon, Messrs. Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Mr. Robertson)

NAYS:0 (None)

ABSENT:1 (Mr. Washington)

As a result of the roll call vote the motion was unanimously adopted by those members present.

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Public comments were requested from the audience at this time and Rosa Stelly was recognized and inquired about getting contractors to pick-up tree stumps now that Parish’s hurricane debris deadline has expired. Executive Assistant Wayne Delapasse was recognized and stated that Allied Waste contract resumes regular route operations 11/1/08 and individual contractors would be responsible for their own debris removal.

Mr. Washington entered the meeting at this time.

President Berthelot was recognized and discussed using employees to assist with removal of larger items. Mr. Delapasse stated that the Parish Attorney had recommended ratifying awarding of emergency hurricane debris removal contract in compliance with Home Rule Charter.

A motion was made by Mr. Phil Porto, Jr., seconded by Mr. Edward Robertson to ratify the awarding the Emergency Hurricane Debris Removal Contract to Young General Contractors, Inc. (YGCI) as recommended by the Parish Attorney.

Roll call vote on the motion was recorded as follows:

YEAS:9 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Mr. Robertson)

NAYS:0 (None)

As a result of the roll call vote the motion was unanimously adopted.

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Town of Brusly Mayor Joey Normand was recognized under item 7 (communications with council members and/or other elected or appointed officials) welcomed the Council to Brusly, extended invitation to return next year, and thanked for establishing policy of holding meetings in different communities. Mr. Normand also thanked the Parish for cooperation during and after storm, especially with debris pick-up.

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Chairman Mouch announced that a Public Hearing was in order at this time and all interested citizens were invited to appear and be heard regarding adoption of an ordinance to amend the Unified Development Code Chapter 104 Zoning, Sec. 104-28 Base district regulations by zoning district, Appendix A, and enact new Chapter 106 Site Planning, Sec. 106-133 Studio back lot district (SBD) to provide for unique zoning regulations needed by film and television entertainment complexes. Public Works Director Kevin Durbin was recognized and requested that Council open and close public hearing tonight, and confirmed that on 10/21/08 the Zoning Commission had recommended tabling voting on the ordinance as requested by Michelle LeBlanc.

Discussion held on tabling ordinance, continuing public hearing, advertising, costs, creation of this type of zoning district, and reconsideration at later date. Mr. Berthelot recommended denial of the ordinance due to concerns over creation of smaller 30’ studio lots until Ms. LeBlanc is ready to commence project, which has been proposed for 2 years.

No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Chairman at this point declared the Public Hearing concluded.

A motion was made by Mr. Phil Porto, Jr., seconded by Mr. Gary Spillman to deny the ordinance to amend the Unified Development Code Chapter 104 Zoning, Sec. 104-28 Base district regulations by zoning district, Appendix A, and enact new Chapter 106 Site Planning, Sec. 106-133 Studio back lot district (SBD) to provide for unique zoning regulations needed by film and television entertainment complexes.

Roll call vote on the motion was recorded as follows:

YEAS:8 (Mr. Kershaw, Ms. Gordon, Messrs. Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Mr. Robertson)

NAYS:1 (Mr. Washington)

As a result of the roll call vote the motion was adopted by majority of the members.

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Chairman Mouch announced that a Public Hearing was in order at this time and all interested citizens were invited to appear and be heard regarding adoption of an ordinance to amend Chapter 104 Zoning rezoning request of Westport Investments, LLC, 2524 Commercial Drive, Port Allen, La. designated as 2.283 acre tract location in Section 93, T7S-R12E from Commercial District to Regional-Scaled Commercial District. Mr. Durbin confirmed that on October 21, 2008 the Zoning Commission had recommended approval of the request. Surveyor Cletus Langlois was recognized and explained location of property. Discussion held on discrepancy between 65’ road frontage required by the subdivision ordinance if public sewer available, and 80’ road frontage required by the zoning ordinance. Discussion also held on current Westport sewer capacity, upgrades, and DHH disallowing discharge in open public streams. Developer Marc Barker was recognized and discussed development, proposed extension of North Westport Drive and service road as shown on re-sub map along with variance. Mr. Durbin stated staff did not object to the variance for front width because applicant would have 4 times the minimum required acreage for sewer. Mr. Kershaw stated that the C-1.3 zoning designation was similar to existing uses and developer was not bound to disclose proposed development. Mr. Spillman clarified location and further division of property.

No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 62 of 2008 appears elsewhere in these minutes.

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The following ordinance was offered by Mr. Jeff Kershaw, seconded by Mr. Keith Washington, Sr.

ORDINANCE NO. 62 OF 2008

AN ORDINANCE TO AMEND CHAPTER 104 ZONING TO INCORPORATE AMENDED ZONING DESIGNATION MAP (ZONING PLAN) UNDER SEC. 104-3 ESTABALISHMENT OF DISTRICTS, OFFICIAL ZONING MAP

NOW THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council in legal session that Chapter 104 Zoning, Sec. 104-3 Establishment of Districts, Official Zoning Map of the Compiled Ordinances of the Parish of West Baton Rouge, Louisiana is amended and re-enacted to read as follows:

Sec. 104-3. Establishment of districts, official zoning map for re-zoning request of Westport Investments, LLC, 2524 Commercial Drive, Port Allen, La. designated as 2.283 acre tract located in Section 93, T7S-R12E from C-1 (Commercial District) to C-1.3(Regional-Scaled Commercial District).

THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, that this ordinance shall become effective thirty (30) days after advertisement in the Parish Official Journal pursuant to Section 2-12 (C) of the Home Rule Charter.

NOW THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety.

NOW THEREFORE BE IT FURTHER ORDAINED by the Parish Council of the Parish of West Baton Rouge, Louisiana, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not effect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items, or applications of this ordinance are hereby declared severable.

The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote:

YEAS:9 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Mr. Robertson)

NAYS:0 (None)

WHEREUPON the ordinance was declared adopted on the 23rd day of October, 2008.

ATTEST:

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/s/Sharon Zito, Council Clerk

CERTIFICIATE

I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council.

I further certify that the above and foregoing is a true and correct copy of an ordinance adopted by the West Baton Rouge Parish Council in regular session on the 23rd day of October, 2008.

I further certify that the above and foregoing ordinance was submitted to the Parish President at 10:10 o’clock AM on the 24thday of October, 2008.

IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana on this 24th day of October, 2008.

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/s/Sharon Zito, Council Clerk

PRESIDENT APPROVAL OR VETO

I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 24thday of October, 2008.

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/s/Riley Berthelot, Jr., Parish President

COUNCIL CLERK RECEIPT CERTIFICATE

I certify that the above and foregoing ordinance was received from the Parish President at 11:53 o’clock AM on the 24thday of October, 2008.

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/s/Sharon Zito, Council Clerk

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Chairman Mouch announced that a Public Hearing was in order at this time and all interested citizens were invited to appear and be heard regarding adoption of an ordinance to amend Chapter 104 Zoning rezoning request of WBR Properties, 4133 State Highway 1 S, Port Allen, La. from C-1 (Commercial District) to C-1.2 (Community-Scaled Commercial District) designated as Lot 2-D and the remainder of Lot 1-A-1, and C-1.3 (Regional-Scaled Commercial District) designated as Lot 2-B, Lot 2-C and 150’ x 150’ to the rear of Lot 2-C & 2-B located in Section 4, T8S-R12E. Mr. Durbin recommended the discussion be kept among Council members since the public hearing had already been held on 10/9/08. Mr. Durbin confirmed that on 10/21/08 the Zoning Commission had recommended rezoning entire tract to C-1.2 designation. Council members expressed opinions and concerns, interest of investment developers, clarification of zoning designation uses, economic impact, hotelbrand names, fencing buffer, commercial growth along State Highway 1, zoning criteria compatibility, and respect for Zoning Commission & Council members.

A motion was made by Mr. Gary Spillman, seconded by Mr. Keith Washington, Sr. to approve Ordinance No. 56 of 2008 to amend Chapter 104 Zoning rezoning request of WBR Properties, 4133 State Highway 1 S, Port Allen, La. from C-1 (Commercial District) to C-1.2 (Community-Scaled Commercial District) designated as Lot 2-D and the remainder of Lot 1-A-1, and C-1.3 (Regional-Scaled Commercial District) designated as Lot 2-B, Lot 2-C and 150’ x 150’ to the rear of Lot 2-C & 2-B located in Section 4, T8S-R12E.

A substitute motion was made by Mr. Jeff Kershaw, seconded by Mr. Phil Porto, Jr. to deny Ordinance No. 56 of 2008 to amend Chapter 104 Zoning rezoning request of WBR Properties, 4133 State Highway 1 S, Port Allen, La. from C-1 (Commercial District) to C-1.2 (Community-Scaled Commercial District) designated as Lot 2-D and the remainder of Lot 1-A-1, and C-1.3 (Regional-Scaled Commercial District) designated as Lot 2-B, Lot 2-C and 150’ x 150’ to the rear of Lot 2-C & 2-B located in Section 4, T8S-R12E.

Roll call vote on the substitute motion was recorded as follows:

YEAS:3 (Messrs. Kershaw, Porto, Mrs. Johnson)

NAYS:6 (Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Robertson)

As a result of the roll call vote the substitute motion was defeated.

The original motion was approved as a result of the roll call vote, and said Ordinance No. 56 of 2008 appears elsewhere in these minutes.

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The following ordinance was offered by Mr. Gary Spillman, seconded by Mr. Keith Washington, Sr.

ORDINANCE NO. 56 OF 2008

AN ORDINANCE TO AMEND CHAPTER 104 ZONING TO INCORPORATE AMENDED ZONING DESIGNATION MAP (ZONING PLAN) UNDER SEC. 104-3 ESTABALISHMENT OF DISTRICTS, OFFICIAL ZONING MAP

Sec. 104-3. Establishment of districts, official zoning map for re-zoning request of WBR Properties, 4133 State Highway 1 S, Port Allen, La. from C-1 (Commercial District) to C-1.2 (Community-Scaled Commercial District) designated as Lot 2-D and the remainder of Lot 1-A-1, and C-1.3 (Regional-Scaled Commercial District) designated as Lot 2-B, Lot 2-C and 150’ x 150’ to the rear of Lot 2-C & 2-B located in Section 4, T8S-R12E.

NOW THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety.

The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote:

YEAS:6 (Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Robertson)

NAYS:3 (Messrs. Kershaw, Porto, Mrs. Johnson)

WHEREUPON the ordinance was declared adopted on the 23rd day of October, 2008.

ATTEST:

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/s/Sharon Zito, Council Clerk

CERTIFICIATE

I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council.

I further certify that the above and foregoing is a true and correct copy of an ordinance adopted by the West Baton Rouge Parish Council in regular session on the 23rd day of October, 2008.

I further certify that the above and foregoing ordinance was submitted to the Parish President at 10:10 o’clock AM on the 24thday of October, 2008.

IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana on this 24th day of October, 2008.

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/s/Sharon Zito, Council Clerk

PRESIDENT APPROVAL OR VETO

I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 31st day of October, 2008.

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/s/Riley Berthelot, Jr., Parish President

COUNCIL CLERK RECEIPT CERTIFICATE

I certify that the above and foregoing ordinance was received from the Parish President at 4:15 o’clock PM on the 31stday of October, 2008.

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/s/Sharon Zito, Council Clerk

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Department of Utilities Director Daryl Babin was recognized, distributed spreadsheet, made presentation, and requested renewal of the 5% increase for CPI (Consumer Price Index) this year beginning in November for gas and water. Mr. Babin stated that the actual CPI was currently near 10%.

A motion was made by Mr. Jeff Kershaw, seconded by Mr. Gary Spillman approving the Utilities Department’s request for a 5% increase in the consumer price index (CPI) charge to cover yearly inflation rates beginning 11/08 for water, and gas, as previously authorized by Ordinances 40 (gas), and 45 (water) of 2005.

Roll call vote on the motion was recorded as follows:

YEAS:9 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Porto, Mrs. Johnson, Mr. Robertson)

NAYS:0 (None)

As a result of the roll call vote the motion was unanimously adopted.

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Mr. Delapasse reviewed the certificate of substantial completion for WBR emergency hurricane debris removal contract, punch list for final closure of the 2 burn sites, and requested approval. Mr. Delapasse reported that approximately 138,000 cubic yards of debris had been picked up at a cost of between 1.25 and 1.5 million dollars. Mr. Delapasse stated important to return to normal pick-up routine as currently paying both contractors. Mr. Bourgoyne explained municipal cost sharing and current FEMA reimbursement rates. Mr. Bourgoyne stated that the federal government has made request that parish fund 75% of $3,000.00 cost for each of the 671 Operation Blue Roof installationsthrough U S Army Corps of Engineers and Federal Emergency Management Agency. Mr. Washingtonagreed to obtain information on $200.00 fee charged homeowners by contractors for these roof installations.