WEST BATON ROUGE PARISH COUNCIL - DOC 3

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					               WEST BATON ROUGE PARISH COUNCIL
                REGULAR MEETING – AUGUST 14, 2008
    WEST BATON ROUGE PARISH COUNCIL/GOVERNMENTAL BUILDING
       880 NORTH ALEXANDER AVENUE, PORT ALLEN, LOUISIANA
                            6:30 PM


The Regular Meeting of the West Baton Rouge Parish Council was held on Thursday, August
14, 2008 and called to order. At this time Council Vice Chairman Gary Spillman requested
that all electronic devices be silenced. Vice Chairman Spillman recognized Ricky Loupe, who
led everyone in the pledge of allegiance.

Roll call was taken with the following members being present:
Mr. Jeff “Petit” Kershaw, Messrs. Keith K. “Keedy” Washington, Sr., Ricky Loupe, Gary
“Sprout” Spillman, Phil Porto, Jr., Mrs. Alethea “Lisa” Johnson, Edward G. “Bob” Robertson

Absent:   Ms. Charlene Gordon, Mr. Randal “Randy” Mouch

Parish President Riley Berthelot, Jr. was also present.
**********

A motion was made by Mr. Jeff Kershaw, seconded by Mr. Phil Porto, Jr. to approve the
minutes of the Regular Meeting of July 24, 2008 as published in the Parish Official Journal.

Roll call vote on the motion was recorded as follows:

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

NAYS:          0 (None)

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

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

Ms. Charlene Gordon entered the meeting at this time.
**********

Mr. Porto was recognized under item 7 (communications with council members and/or other
elected or appointed officials), and commented on Animal Control Center’s recognition by the
American Society for the Prevention of Cruelty to Animals (ASPCA) at a recent Louisiana
Animal Control Association (LACA) Convention for cleanest animal control center visited.
Mr. Porto reported that volunteers (some of which are employees) bath and walk the animals,
and had cleaned and painted the center. Mr. Porto commended the animal control officer and
these individuals for a job well done.

Mrs. Johnson invited everyone to attend the next Council meeting (August 28th) to be hosted
at the Erwinville Community Center.
**********

Charles Parker with Hawthorn, Waymouth & Carroll, CPA, was recognized and proceeded to
do summary presentation of audit report, reviewing financial statements, required
communications with the Council, graphs on revenues, expenditures and transfers presented
in connection with the December 31, 2007 Audited Financial Statements as performed by said
firm. Mr. Parker stated that the Parish had received the highest level audit opinion (an
unqualified audit opinion). Mr. Parker recommended members review report at leisure. Mr.
Parker discussed 1) finding described in letter due to Enron scandal on internal control over
financial reporting, compliance and other matters that firm itself has to prepare the financial
statements and footnotes in accordance with the American Institute of Certified Public
Accounts and accounting technical rules, and 2) no findings described in letter on internal
control over compliance on audit requirements applicable to federal programs. Mr. Parker
thanked the staff for cooperation, and offered to answer any questions, but there were none.

A motion was made by Mr. Jeff Kershaw, seconded by Mr. Edward Robertson to accept the
December 31, 2007 West Baton Rouge Parish Primary Government Financial Statements as
prepared and presented by the firm of Hawthorn, Waymouth & Carroll, Certified Public
Accountants.

Roll call vote on the motion was recorded as follows:

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

NAYS:          0 (None)

ABSENT:        1 (Mr. Mouch)

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

Vice Chairman Spillman 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 BRP Investments/The Hampton Inn, 2755
Commercial Drive, Port Allen, La. designated as Lot WBR-2 containing 2 acres located in
Section 93, T7S-R12E from C-1 (Commercial District) to C-1.3 (Regional-Scaled
Commercial District). Public Works Director Kevin Durbin confirmed that the Zoning
Commission had recommended approval of the rezoning request unanimously at 8/5/08
meeting, and stated that he would be happy to answer any questions.

No interested citizens appeared either for or against said ordinance. No written protests
opposing the ordinance were received. The Vice Chairman at this point declared the Public
Hearing concluded. Said Ordinance No. 40 of 2008 appears elsewhere in these minutes.
**********

The following ordinance was offered by Mr. Phil Porto, Jr., seconded by Ms. Charlene
Gordon

                     ORDINANCE NO. 40 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 BRP
Investments/The Hampton Inn, 2755 Commercial Drive, Port Allen, La. designated as Lot
WBR-2 containing 2 acres 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:         8 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Spillman, Porto,
Mrs. Johnson, Mr. Robertson)

NAYS:          0 (None)

ABSENT:        1 (Mr. Mouch)

WHEREUPON the ordinance was declared adopted on the 14th day of August, 2008.

ATTEST:



______________________________
/s/Sharon Zito, Council Clerk

                                       CERTIFICATE
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 14th day of August,
2008.

I further certify that the above and foregoing ordinance was submitted the Parish President at
10:15 o’clock AM on the 15th day of August, 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 15th day of August, 2008.



________________________________
/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 15th day of August, 2008.
_________________________________
/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
1:55 o’clock PM on the 15th day of August, 2008.



_____________________________
/s/Sharon Zito, Council Clerk
**********

Vice Chairman Spillman 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 Larry James Russo, 3661 State Highway 1 S,
Port Allen, La. designated as Lots A, B, C, L, M N, O and P being part of the J H Freeman
Properties located in Sections 74 & 75, T7S-R12E from C-1 (Commercial District) to C-1.2
(Community-Scaled Commercial District). Mr. Durbin verified location as car wash
operating on Highway rezoned to comply with new zoning districts, confirmed that the
Zoning Commission had recommended approval of the rezoning request unanimously at
8/5/08 meeting.

No interested citizens appeared either for or against said ordinance. No written protests
opposing the ordinance were received. The Vice Chairman at this point declared the Public
Hearing concluded. Said Ordinance No. 41 of 2008 appears elsewhere in these minutes.
**********

The following ordinance was offered by Mr. Keith Washington, Sr., seconded by Mrs.
Alethea Johnson

                     ORDINANCE NO. 41 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 Larry
James Russo, 3661 Highway 1 S, Port Allen, La. designated as part of J H Freeman
Properties, Lots A, B, C, L, M, N, O, and P located in Sections 74 & 75, T7S-R12E from C-1
(Commercial District) to C-1.2(Community-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:         8 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Spillman, Porto,
Mrs. Johnson, Mr. Robertson)

NAYS:          0 (None)

ABSENT:        1 (Mr. Mouch)

WHEREUPON the ordinance was declared adopted on the 14th day of August, 2008.

ATTEST:



______________________________
/s/Sharon Zito, Council Clerk

                                       CERTIFICATE
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 14th day of August,
2008.

I further certify that the above and foregoing ordinance was submitted the Parish President at
10:15 o’clock AM on the 15th day of August, 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 15th day of August, 2008.



________________________________
/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 15th day of August, 2008.



_________________________________
/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
1:55 o’clock PM on the 15th day of August, 2008.



_____________________________
/s/Sharon Zito, Council Clerk
**********
Vice Chairman Spillman announced that the Public Hearing was in order at this time and all
interested persons were invited to appear and be heard regarding adoption of an ordinance to
approve the amended 2008 Convention & Visitors Bureau (formerly Tourist Commission)
Reserve and Operating Budgets. Finance Director Phillip Bourgoyne was recognized and
reviewed amendment no. 7 of 2008 for additional revenues received from state to be
transferred to said department’s operating budget.

No interested citizens appeared either for or against said ordinance. No written protests
opposing the ordinance were received. The Vice Chairman at this point declared the Public
Hearing concluded. Said Ordinance No. 42 of 2008 appears elsewhere in these minutes.
**********

The following ordinance was offered by Mr. Jeff Kershaw, seconded by Ms. Charlene Gordon

                     ORDINANCE NO. 42 OF 2008
AN ORDINANCE ADOPTING AN OPERATING BUDGET OF REVENUES AND
EXPENDITURES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008, AND
ENDING DECEMBER 31, 2008, FOR THE 2008 CONVENTION & VISITORS BUREAU
(FORMERLY TOURIST COMMISSION) RESERVE AND OPERATING BUDGETS

BE IT ORDAINED by the Council of the Parish of West Baton Rouge, Louisiana, in Regular
Session convened that:
SECTION 1: The detailed estimate of revenues by departments for the fiscal year beginning
January 1, 2008, and ending December 31, 2008 is hereby adopted to serve as an operating
budget of revenues for the Convention & Visitors Bureau (formerly Tourist Commission)
Reserve and Operating Budgets during said period.
SECTION 2: The detailed estimate of expenditures by departments for the fiscal year
beginning January 1, 2008, and ending December 31, 2008 is hereby adopted to serve as an
operating budget of expenditures for the Convention & Visitors Bureau (formerly Tourist
Commission) Reserve and Operating Budgets during said period.
SECTION 3: The adoption of this operating budget of revenues and expenditures is hereby
declared to operate as an appropriation of the amount therein set forth within the terms of the
budget classification.
SECTION 4: Amounts are available for expenditures only to the extent included with said
budgets for this period.

NOW THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish
Council, that this ordinance shall be come 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 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
and nay on roll call:

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

NAYS:          0 (None)
ABSENT:        1 (Mr. Mouch)

WHEREUPON the ordinance was declared adopted on the 14th day of August, 2008.

ATTEST:



______________________________
/s/Sharon Zito, Council Clerk


                                       CERTIFICATE
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 14th day of August,
2008.

I further certify that the above and foregoing ordinance was submitted the Parish President at
10:15 o’clock AM on the 15th day of August, 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 15th day of August, 2008.



________________________________
/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 15th day of August, 2008.



_________________________________
/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
1:55 o’clock PM on the 15th day of August, 2008.



_____________________________
/s/Sharon Zito, Council Clerk
**********

At this time Vice Chairman Spillman requested Council proceed to agenda item 19
(appointments) as Sharon Stam has to leave the meeting early but wanted to be present for
board appointment to the Convention & Visitors Bureau if there was no objection, and there
were none.

Ruth Stanley’s letter of resignation, WBR Historical Association’s letter (representative
organization) recommending Garry Hubble, and Mr. Hubble’s letter confirming his
willingness to serve were reviewed.
A motion was made by Mr. Jeff Kershaw, seconded by Mr. Phil Porto, Jr. to appoint Garry
Hubble to the West Baton Rouge Convention & Visitors Bureau Board of Directors (formerly
Tourist Commission) to fill the unexpired term of Ruth Stanley (who resigned) until 12/31/08
as recommended by the representative organization (West Baton Rouge Historical
Association), and based on Mr. Hubble’s desire to serve.

Roll call vote on the motion was recorded as follows:

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

NAYS:           0 (None)

ABSENT:         1 (Mr. Mouch)

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

Vice Chairman Spillman announced that the Public Hearing was in order at this time and all
interested persons were invited to appear and be heard regarding adoption of an ordinance to
establish a parish-wide litter abatement program. Executive Assistant Wayne Delapasse was
recognized and explained ordinance refers to forming committee for program, and requested
adoption.

No interested citizens appeared either for or against said ordinance. No written protests
opposing the ordinance were received. The Vice Chairman at this point declared the Public
Hearing concluded. Said Ordinance No. 48 of 2008 appears elsewhere in these minutes.

The following ordinance was offered by Mr. Phil Porto, Jr., seconded by Mrs. Alethea
Johnson

                    ORDINANCE NO. 48 OF 2008
AN ORDINANCE ESTABLISHING A PARISH-WIDE POLICY LITTER ABATEMENT
PROGRAM FOR WEST BATON ROUGE PARISH
Be it ordained by the Parish Council of the Parish of West Baton Rouge:

SECTION I.
That a Keep West Baton Rouge Beautiful Board is hereby created for the purpose of assisting the
Parish of West Baton Rouge in establishing a parish wide policy for litter abatement.

SECTION II.
That the Board provided for herein shall be comprised of a minimum of ten (10) and a maximum of
fifteen (15) members to be nominated by the Board and ratified by the Parish Council, and shall
consist of representatives from municipal governments, business and industry, law enforcement, the
convention & visitors bureau, clergy, community/civic organizations, education, and members at
large.

That members of the Board shall serve a two year term. Members can be reappointed as long as they
attend 60% of the Board meetings annually and contribute to the efforts of the Board. A simple
majority vote of the Board is required to remove a non-contributing Board Member.

SECTION III.
That the Executive Director of the Keep West Baton Rouge Beautiful Board shall be a non-voting
member of the Board and shall be custodian of all minutes and records of the Board and perform such
other duties as the Board may deem necessary and consistent with both the responsibilities of the
Board and his/her responsibilities to the Parish of West Baton Rouge. That the Executive Director
shall work under the supervision of the West Baton Rouge Parish President for the purpose of
implementing the provisions of this ordinance.

SECTION IV.
That 50% of the members of the Board shall constitute a quorum for the conduct of business and that
the members of the Board shall regularly attend meetings and shall serve without compensation.

That the Board shall hold an organizational meeting in January of each year and shall elect a Chairman
and Vice-Chairman from among its members before proceeding to any other matters of business, and
thereafter shall meet regularly and shall designate the time and place of its meetings.

That the Board shall adopt its own rules of procedure and keep a record of its proceedings in accordance with the
provisions of the Parish of West Baton Rouge. Newly appointed members shall be installed at the first regular
meeting after their appointment.

That each year a report shall be submitted to the Parish Council showing the cumulative attendance of
each member with notation of members who have been absent from three (3) consecutive meetings or
more.

SECTION V.
That the Board shall recommend policies related to litter prevention, beautification and community
improvement, and the minimization of solid waste so all parish activities may follow a common
purpose. The Board shall have the following responsibilities:
        1.     Develop parish wide refuse and environmental policy plan(s);
        2.     Evaluate Parish actions in light of that policy;
        3.     Determine and recommend to the Parish Council management and program priorities
               on a parish wide basis;
        4.     Recommend enforcement and additional program alternatives;
        5.     Monitor Parish performance from data collected and examined under the Keep
               America Beautiful, Inc. Affiliate System guidelines and present annual report at
               Parish Council meeting as well as meeting of each municipal council; and
        6.     Carry out such other tasks as the Parish Council may designate.

That to accomplish these responsibilities the Board shall establish sub-committees such as, but not
limited to, the areas of Business and Industry, Communications, Education, Finance/Fundraising, and
Cleanup.

That a Board member will chair each sub-committee with an unspecified number of community
volunteers chosen by the Board as working sub-committee members.

SECTION VI.
That the Parish within the budgetary appropriation process shall furnish that office space, supplies,
telephone and postage for the Executive Director. That the Parish within Parish-imposed budgetary
restraints shall also supply additional funds for Board activities involving travel or training for the
Executive Director.

That the Parish shall pay the Executive Director's salary, and that such salary and other expenses,
whether specifically enumerated in the preceding paragraph or not, may be paid from donations when,
as and if same are received by the Parish from the general public, business, industry, foundations and
other sources for the purposes embraced by the scope of the Board's purpose and responsibilities
administered in accordance with standard Parish policy and practice governed by statute, charter and
ordinance.

THEREFORE BE IT ORDINANED 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 ORDAINCED 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:         8 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Spillman, Porto,
Mrs. Johnson, Mr. Robertson)

NAYS:           0 (None)

ABSENT:         1 (Mr. Mouch)

WHEREUPON the ordinance was declared adopted on the 14th day of August, 2008.

ATTEST:



______________________________
/s/Sharon Zito, Council Clerk


                                       CERTIFICATE
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 14th day of August,
2008.

I further certify that the above and foregoing ordinance was submitted the Parish President at
10:15 o’clock AM on the 15th day of August, 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 15th day of August, 2008.



________________________________
/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 15th day of August, 2008.



_________________________________
/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
1:55 o’clock PM on the 15th day of August, 2008.
_____________________________
/s/Sharon Zito, Council Clerk

Mr. Delapasse was again recognized and stated that in connection with the Parish joining
“Keep America Beautiful” 4 or 5 months ago a pre-certification must be done. Mr. Delapasse
explained that the pre-certification committee would submit names to be ratified for the litter
abatement board, and requested placement of this item on the 8/28/08 agenda. Mr. Delapasse
stated that he expected the municipalities to submit resolutions expressing verbal and
financial support for the litter abatement program. Mr. Delapasse confirmed that following
pre-certification formal ceremony would take place in September to kick-off program. Mr.
Washington commended work on project stating that he would become more active in
upcoming months.
**********

Vice Chairman Spillman announced that the Public Hearing was in order at this time and that
all interested persons were invited to appear and be heard preparatory to and adoption of a)
adjusted millage rate(s) for the tax year 2008, b) adjusted millage rate(s) after reassessment
and roll forward the millage to a rate(s) not to exceed the prior year’s maximum millage for
the tax year 2008. Director-Department of Finance Phillip Bourgoyne was recognized and
read resolution no. 1 into the record, which appears elsewhere in these minutes. Mr.
Bourgoyne requested adoption of resolution no. 1 of the values that the state determines the
millage should be after reassessment.

Vice Chairman asked if there were any comments from the public and no interested citizens
appeared either for or against said resolution no. 1. No written protests opposing resolution
no. 1 were received. The Vice Chairman at this point declared the Public Hearing concluded.
**********

The following resolution was offered by Mr. Jeff Kershaw, seconded by Ms. Charlene
Gordon

                                    RESOLUTION NO. 1
A Resolution with the provisions of Article VII, Section 23(B) and (C) of the 1974 Louisiana
Constitution and LSA-R.S. 47:1705(B) (1) and ( 2), a taxing authority is required to submit to
information contained in Resolutions No. 1 and No. 2 in order to increase its millage rate(s) to
the maximum authorized rate(s).

BE IT RESOLVED by the West Baton Rouge Parish Council of the Parish of West Baton
Rouge, Louisiana, in a public hearing held on August 14, 2008, and conducted in accordance
with the open meetings law, that the following adjusted millage rate(s) be and hereby are
levied upon the dollar of the assessed valuation of all property subject to ad valorem taxation
within said parish for the year 2008, for the purpose of raising revenue:

GENERAL FUND                             3.130
MUSEUM                                   1.780
HEALTH UNIT                              1.560
RECREATIONAL FACILTY                     4.450
LIBRARY                                  3.650
DRAINAGE DISTRICT                        6.410
JUVENILE DETENTION                       0.900
COUNCIL ON AIGING                        2.220
COMMUNITY CENTER                         2.670
911 CENTRAL COMMUNICATION                2.670

BE IT FURTHER RESOLVED that the Assessor of the Parish of West Baton Rouge shall
extend upon the assessment roll for the year 2008 the taxes herein levied, and the tax collector
of said parish shall collect and remit the same to said Council in accordance with law.

Roll call vote on the resolution was recorded as follows:
YEAS:         8 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Spillman, Porto,
Mrs. Johnson, Mr. Robertson)

NAYS:         0 (None)

ABSENT:       1 (Mr. Mouch)

As a result of the roll call vote the resolution was unanimously adopted by those members
present.
                                       CERTIFICATE
        I, Sharon Zito, Council Clerk of the West Baton Rouge Parish Council do hereby
certify that the above and foregoing is true and correct copy of a resolution adopted by said
body at its Regular Meeting of August 14, 2008, at which meeting a majority of the members
were present and voting.



____________________________
/s/Sharon Zito
**********

Vice Chairman Spillman announced that the Public Hearing was in order at this time and that
all interested persons were invited to appear and be heard preparatory to and adoption of a)
adjusted millage rate(s) for the tax year 2008, b) adjusted millage rate(s) after reassessment
and roll forward the millage to a rate(s) not to exceed the prior year’s maximum millage for
the tax year 2008. Director-Department of Finance Phillip Bourgoyne was recognized and
read resolution no. 2 into the record, which appears elsewhere in these minutes. Mr.
Bourgoyne stated as indicated in the resolution the request is to levy the maximum except for
reduction in 2 mills (health unit and juvenile detention) by 1 mill each. Mr. Bourgoyne
stated that he would be happy to answer any questions.

Larry Russo was recognized and requested explanation of how adjusted millage rates and
assessments work. Mr. Bourgoyne stated that the “board of review” meeting on the 2008
assessment values of property as determined by the West Baton Rouge Parish Assessor would
be held September 25, 2008 at the Addis Community Center. Further explanation and
paperwork were offered to Mr. Russo on taxing bodies, elections and/or renewal of tax, levy
of millage rates, and property assessment values. Mr. Bourgoyne named millages controlled
by the Council as well as other entities.

Vice Chairman asked if there were any comments from the public and no interested citizens
appeared either for or against said resolution no. 2. No written protests opposing resolution
no. 2 were received. The Vice Chairman at this point declared the Public Hearing concluded.
**********

The following resolution was offered by Mr. Phil Porto, Jr., seconded by Mr. Edward
Robertson

                                       RESOLUTION NO. 2
A Resolution in accordance with the provisions of Article VII, Section 23(B) and (C) of the
1974 Louisiana Constitution and LSA-R.S. 47: 1705 (B)(1) and (2), a taxing authority is
required to submit the information contained in Resolutions No. 1 and No. 2 in order to
increase its millage rate(s) to the maximum authorized rate(s).

BE IT RESOLVED by the West Baton Rouge Parish Council of the Parish of West Baton
Rouge, Louisiana, in a public hearing held on August 14, 2008, and conducted in accordance
with the open meetings law, the Council voted to increase the millage rate(s), but not in
excess of the prior year's maximum rate(s), on all taxable property shown on the official
assessment roll for the year 2008, and when collected, the revenues from said taxes shall be
used only for the specific purposes for which said taxes have been levied; said millage rate(s)
are as follows:

                                       ADJUSTED RATE                  2008 LEVY
GENERAL FUND                                        3.130                         3.520
MUSEUM                                              1.780                         2.000
HEALTH UNIT                                         1.560                         0.750
RECREATIONAL FACILTY                                4.450                         5.000
LIBRARY                                             3.650                         4.100
DRAINAGE DISTRICT                                   6.410                         7.200
JUVENILE DETENTION                                  0.900                         0.000
COUNCIL ON AIGING                                   2.220                         2.500
COMMUNITY CENTER                                    2.670                         3.000
911 CENTRAL COMMUNICATION                           2.670                         3.000

BE IT FURTHER RESOLVED that the Assessor of the Parish of West Baton Rouge shall
extend upon the assessment roll for the year 2008 the taxes herein levied, and the tax
collection of said parish shall collect and remit the same to said Council in accordance with
law.

The foregoing resolution was read in full, the roll was called on the adoption thereof, and the
resolution was adopted by no less than a two- thirds majority of the total membership of the
taxing authority voting in favor as required by Paragraph (C) of Section 23 of Article VII of
the 1974 Louisiana Constitution, and Paragraph B of Section 1705 of Title 47 of the
Louisiana Revised Statutes of 1950, roll call vote on the resolution was recorded as follows:

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

NAYS:          0 (None)

ABSENT:        1 (Mr. Mouch)

As a result of the roll call vote the resolution was unanimously adopted by those members
present.
                                       CERTIFICATE
        I, Sharon Zito, Council Clerk of the West Baton Rouge Parish Council do hereby
certify that the above and foregoing is true and correct copy of a resolution adopted by said
body at its Regular Meeting of August 14, 2008, at which meeting a majority of the members
were present and voting.



____________________________
/s/Sharon Zito
**********

Riley Berthelot, Jr. was recognized under item 11 (consider status report, change order,
substantial completion and/or other matters related thereto as required on current projects) and
reported on the following:
Westport Sewer Project is scheduled for completion December 25, 2008
Intracoastal Canal 16” Water Main Crossing (Boring) and requested authorization to sign the
several required servitude agreements (some of which are Port, Mahaffey tract and other
landowners).

A motion was made by Mr. Jeff Kershaw, seconded by Mr. Ricky Loupe authorizing the
Parish President to execute the servitude agreements with landowners necessary to complete
the Intracoastal Canal 16” Water Main Crossing (Boring) project.
Roll call vote on the motion was recorded as follows:

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

NAYS:          0 (None)

ABSENT:        1 (Mr. Mouch)

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

Mr. Berthelot continued with status report on Morrisonville-Paul’s Lane Sewer Tie-In with
estimated completion date within next month.
Utilities Director Daryl Babin was recognized and report only 113 customers (less than half)
had connected to the Erwinville Sewer Project. Mr. Babin stated that the customer sewer user
fee billings would be mailed out next week based on water consumption citing deadline of
9/28/08 and ordinance section 86-114 requiring connection to sewer system. Mr. Babin
clarified that current policy states that if the bills remain unpaid for 6 weeks water will be
disconnected whether the customer is connected or not. Discussion held on previous
notifications regarding connection, assistance programs available, debt repayment to USDA,
Department of Health & Hospitals enforcement regulations. Mr. Babin reported that sewer
punch list is being worked out. Mr. Berthelot stated that the utilities and administration will
make recommendation on three options presented 7/24/08 on rate analysis summary recently
completed by Community Resource Group, Inc. for the Parish wastewater system.
**********

Mr. Berthelot was recognized under Parish President's Report and announced the following:
Letter to be sent out on behalf of the Department of Health and Hospitals regarding public
forum hosted by Capital Area Human Service District (CAHSD) 10/14/08 in the Council
Meeting Room from 6:00 – 7:30PM to identify and address existing gaps in preventive,
primary care, mental health/addictive disorder services for adult with inadequate health
insurance to be handled through social service worker and available grants;
Transit meeting scheduled for 8/18/08 at 6:00PM at the Port Allen Community Center to
discuss feasibility of bus route service with Capital Area Transit System and City of Port
Allen;
Invited up to 4 West Baton Rouge Parish members to attend presentation by contacting either
himself or Bernadette on parish transportation infrastructure priorities at the Department of
Transportation and Development meeting scheduled for August 25, 2008 at District 61
Headquarter at 8100 Airline Highway from 1:15-2:15PM.
**********

The Council Clerk read by title the below listed proposed ordinances being introduced and
publicized by title, and considered for adoption following public hearings at the meeting of
Thursday, September 25, 2008 at 6: 30 PM at the Addis Community Center, 7520 State
Highway 1 S, Addis, La.:
Amend Chapter 104 Zoning for the rezoning requests of:
Currin-Patterson Lavelle Properties, LLC (Kristen’s Corner at Wal-Mart), 3225 State
Highway 1 S, Port Allen, La. designated as Tract E-2 from Commercial District to Regional-
Scaled Commercial District;
Kenneth Curtis, 11414 Section Road, Port Allen, La. designated as Lot B-1 of the Kenneth
Curtis Tract from Agricultural District to Regional-Scaled Commercial District;
Larry Johnson, 11324 Rosedale Road, Port Allen, La. designated as corner lot containing 1.2
acres located in Section 7, T7S-R11E from Agricultural District to Regional-Scaled
Commercial District.
The Council Clerk also read by title the below listed proposed ordinance being introduced and
publicized by title, and considered for adoption following public hearing at the meeting of
Thursday, August 28, 2008 at 6:30 PM at the Erwinville Community Center, 5110 Rougon
Road, Port Allen, La.:
Amending Chapter 34 Garbage, Trash and Refuse, Sec. 34-1 Garbage Pick-up for annual
solid waste user fee increase due to municipal cost and diesel indexes for Allied Waste
Service effective 9/1/08.
**********

At this time the Council Clerk read an excerpt of the Planning Commission minutes of August
5, 2008 recommending rescinding final plat of map showing the survey of the subdivision of
Lot 3-A into Lots 3-A-1 and 3-1-2, Burnside Estates of the J C Bezet Property for Katherine
Tingle as the variance given was due a hardship, which no longer exists. Mr. Durbin stated
that he was not familiar with the history on this variance, but Commission’s recommendation
to rescind variance left door open for future subdividing of the property if it met the code at a
later date. Mr. Durbin stated that Mr. & Mrs. Tingle were present to discuss the matter. Joel
Tingle was recognized and made presentation regarding neighbor’s law-suit over property in
question making building of house impossible until 5/08. Mr. Tingle discussed size of lot
and requested approval to either sell the piece of property or put up rent house

Vice Chairman Spillman requested public hearing comments from audience, and there were
none. At this time the Vice Chairman closed the public hearing and relinquished the chair to
Mr. Kershaw in order to be allowed to speak on the matter. Mr. Spillman explained research,
and fact that hardship variance is longer required. Mr. Spillman read excerpt from Mr.
Tingle’s letter to neighbor stating property will not be used for hardship variance for nephew,
but will be put up for sale. Mr. Spillman expressed opposition to granting hardship variances,
which are not used for that purpose. Mr. Spillman discussed the need for additional variances
due to actual property and canal measurements. Messrs. Berthelot & Kershaw discussed
options due to square footage for usage of said property. The Parish Attorney stated that he
felt from the 6/06 Council discussion the intent and reasoning for granting the variance
approval was due to hardship request.

A motion was made by Mr. Gary Spillman, seconded by Mr. Keith Washington, Sr. to rescind
the variance approval for the final plat of map showing the survey of the subdivision of Lot 3-
A into Lots 3-A-1 and 3-1-2, Burnside Estates of the J C Bezet Property for Katherine Tingle
granted 6/22/06 as the variance given was due a hardship, which no longer exists, as
recommended by the Planning Commission.

Roll call vote on the motion was recorded as follows:

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

NAYS:          0 (None)

ABSENT:        1 (Mr. Mouch)

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

At this time Mr. Kershaw returned the chair to Mr. Spillman.
**********

Vice Council Chairman Spillman asked if there were any public hearing comments from the
audience concerning approval of 2008 Liquor Permit for Nino’s Casino, and there were none.
At this time the Vice Chairman closed the public hearing.
A motion was made by Mr. Keith Washington, Sr., seconded by Ms. Charlene Gordon to
approve the 2008 Class A Beer and/or Liquor Permit for Nino’s Casino, 121 Lobdell
Highway, Port Allen, La., as same meets all requirements in accordance with the Compiled
Ordinances, Parish of West Baton Rouge, Louisiana, Chapter 6, Alcoholic Beverages.

Roll call vote on the motion was recorded as follows:

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

NAYS:         0 (None)

ABSENT:       1 (Mr. Mouch)

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

Vice Council Chairman Spillman asked if there were any public hearing comments from the
audience concerning approval of 2008 Liquor Permit for TK Mini Mart (formerly Dollar
Variety), and there were none. At this time the Vice Chairman closed the public hearing.

Mrs. Johnson confirmed that establishment was building owned by John Nguyen located on
Highway 190 just before the light in Erwinville.

A motion was made by Mrs. Alethea Johnson, seconded by Ms. Charlene Gordon to approve
the 2008 Class B Beer and/or Liquor Permit for TK Mini Mart LLC (formerly Dollar
Variety), 12480 U S Highway 190 W, Port Allen, La., as same meets all requirements in
accordance with the Compiled Ordinances, Parish of West Baton Rouge, Louisiana, Chapter
6, Alcoholic Beverages.

Roll call vote on the motion was recorded as follows:

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

NAYS:         0 (None)

ABSENT:       1 (Mr. Mouch)

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

At this time under Correspondence Report the Council Clerk read excerpt from the West
Baton Rouge Parish Planning & Zoning Commission Agenda scheduled for Tuesday, August
19, 2008 at 6:30 PM.
**********

There being no further business, a motion to adjourn was made by Mrs. Alethea Johnson,
seconded by Ms. Charlene Gordon at 7:55 PM.

Roll call vote on the motion was recorded as follows:

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

NAYS:         0 (None)
ABSENT:      1 (Mr. Mouch)

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



___________________________________
/s/Gary Spillman, Vice Council Chairman



______________________________
/s/Sharon Zito, Council Clerk

				
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