WEST BATON ROUGE PARISH COUNCIL
REGULAR MEETING – SEPTEMBER 25, 2008
ADDIS COMMUNITY CENTER
7520 HIGHWAY 1 S, ADDIS, LOUISIANA
6:30 PM
The Regular Meeting of the West Baton Rouge Parish Council was held on Thursday, September 25, 2008 and called to order. At this time Council Chairman Randal Mouch recognized Barney Altazan, who led everyone in the pledge of allegiance.
Roll call was taken with the following members being present:
Mr. Jeff “Petit” Kershaw, Ms. Charlene Gordon, Messrs. Keith K. “Keedy” Washington, Sr., Ricky Loupe, Randal “Randy” Mouch, Gary “Sprout” Spillman, Phil Porto, Jr., Edward G. “Bob” Robertson
Absent: Mrs. Alethea “Lisa” Johnson
Parish President Riley Berthelot, Jr. was also present.
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A motion was made by Mr. Ricky Loupe, seconded by Mr. Gary Spillman to approve the minutes of the Regular Meetings of August 14, 2008, August 28, 2008, and September 11, 2008 as published in the Parish Official Journal.
Roll call vote on the motion was recorded as follows:
YEAS: 8 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Porto, Robertson)
NAYS: 0 (None)
ABSENT: 1 (Mrs. Johnson)
As a result of the roll call vote the motion was unanimously adopted by those members present.
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Parish President Berthelot was recognized under item 5 (consider any amendments to the agenda) and requested that the agenda be amended to recognize Gary Cambre with Dow for presentation.
A motion was made by Mr. Phil Porto, Jr., seconded by Mr. Gary Spillman to amend tonight’s agenda to allow Gary Cambre with Dow to make presentation.
Roll call vote on the motion was recorded as follows:
YEAS: 8 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Porto, Robertson)
NAYS: 0 (None)
ABSENT: 1 (Mrs. Johnson)
As a result of the roll call vote the motion was unanimously adopted by those members present.
Chairman Mouch requested that the agenda also be amended to consider the Kissner rezoning under item 15 (consider planning & zoning meeting minutes).
A motion was made by Mr. Jeff Kershaw, seconded by Mr. Edward Robertson to consider the Kissner rezoning under item 15 (consider planning & zoning meeting minutes).
Roll call vote on the motion was recorded as follows:
YEAS: 6 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Robertson)
NAYS: 2 (Messrs. Spillman, Porto)
ABSENT: 1 (Mrs. Johnson)
As a result of the roll call vote the motion was adopted by a majority of the members present.
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Gary Cambre representing Public Affairs at Dow Chemical in Plaquemine was recognized and made brief statement on working relationship with Parish/Council, and Emergency Operations Center. Mr. Cambre announced Dow Chemical Company’s donation of $50,000.00 to West Baton Rouge Parish in light of Hurricane Gustav.
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Public comments were requested from the audience at this time and there were none.
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Mr. Porto was recognized under item 7 (communications with council members and/or other elected or appointed officials), to make some comments and ask few questions. Mr. Porto thanked the state and parish employees for job done on tree and debris removal from waterways. Mr. Porto discussed the following hurricane related issues with Mr. Berthelot:
Elderly assistance available for debris removal;
Residents in his area that received water and/or were within inches of getting water in homes, and scheduling of meeting to provide their addresses and discuss these drainage issues;
Mosquito spraying schedule and possible grant through Federal Emergency Management Agency for aerial spraying;
Water backup in Intracoastal Canal;
Rental of additional equipment and grants to clean trees out of canals/bayous.
Mr. Washington was recognized, and commended Administration and Emergency 911 for job during hurricane. As request by Mr. Washington Mr. Berthelot explained FEMA reimbursement for debris pick-up on parish roads and Department of Transportation and Development reimbursement through federal highway administration contract for 9 parish area (including West Baton Rouge), which currently prohibits the Parish from debris pick-up on state highways. Mr. Washington requested informing the public through newsletter and/or newspaper.
At this time Chairman Mouch welcomed everyone to Addis Community Center tonight, thanked R J Loupe for providing pasta-laya (which will be served following meeting), and invited everyone to stay and eat.
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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 for rezoning request of Currin-Patterson Lavelle Properties, LLC (Kristen’s Corner at Wal-Mart), 3225 State Highway 1 S, Port Allen, La. designated as Lot E-2 from Commercial District to Regional-Scaled Commercial District. Public Works Director Kevin Durbin was recognized and stated rezoning was to bring development into conformity with the new zoning districts. Mr. Durbin confirmed that the Zoning Commission had recommended approval of the rezoning request unanimously at the 9/16/08 meeting.
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. Said Ordinance No. 52 of 2008 appears elsewhere in these minutes.
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The following ordinance was offered by Mr. Jeff Kershaw, seconded by Mr. Ricky Loupe
ORDINANCE NO. 52 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 Currin-Patterson Lavelle Properties, LLC (Kristen’s Corner at Wal-Mart), 3225 State Highway 1 S, Port Allen, La. designated as Tract E-2 containing 2.191 acres located in Section 72 & 73, 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, Mouch, Spillman, Porto, Robertson)
NAYS: 0 (None)
ABSENT: 1 (Mrs. Johnson)
WHEREUPON the ordinance was declared adopted on the 25th day of September, 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 25th day of September, 2008.
I further certify that the above and foregoing ordinance was submitted to the Parish President at 9:55 o’clock AM on the 26th day of September, 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 26th day of September, 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 26th day of September, 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 11:10 o’clock AM on the 26th day of September, 2008.
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/s/Sharon Zito, Council Clerk
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At this time the West Baton Rouge Parish Council met as the Board of Review for the purpose of considering protests and hearing complaints from taxpayers desiring to be heard on the 2008 tax assessment values of property as determined by the West Baton Rouge Parish Assessor.
Assessor Barney M. Altazan was recognized to certify the assessment lists of West Baton Rouge Parish for 2008 to the Parish Council as the Board of Review. Assessor read excerpts from 2008 Schedule A into the record of assessed value as provided by his office and net value for 2007 assessment roll, along with the public service assessments as fixed by the Louisiana Tax Commission. Mr. Altazan continued reading into record grand total for 2008 $327,474,400., for 2007 $293,803,390. (increase of $33,671,010. or 11.5% increase). Mr. Altazan continued reading into the record from notations of the adjustment to the roll $284,476,600. for real estate and personal property along with $42,997,800. for public service as fixed by the Louisiana Tax Commission. Mr. Altazan continued reading into the record from 2008 Schedule B showing the breakdown of assessment for 2007, homestead exemption property and taxpayer’s property grand total $327,474,400. for 2008, 2007 $293,803,390. (increase of $33,671,010. or 11.5%). Mr. Altazan stated that the taxpayer number in the taxpayer column 2 (taxpayer liability base) $290,257,252. or 1 mill.
Mr. Altazan confirmed with Council Clerk that he was certifying the total assessed value of the 2008 assessment list as $290,257,251.56. Discussion held on forecast for future. Mr. Altazan confirmed for Mr. Kershaw that although Larry Russo had signed appeal form he had not complied with state law by filing complaint seven days prior to the hearing. Mr. Altazan stated that the accompanying qualified sales, appraisal report, sketch, and insurance estimates had been provided by the Assessor’s office as evidence to be filed with the Tax Commission should Mr. Russo have protested.
At this time protests to tax assessment were requested from the audience, and there were none. There were no comments from the public. At this point the Chairman declared the Board of Review concluded. (Resolution ratifying action taken at Board of Review to certify assessment lists of West Baton Rouge Parish for 2008 appears elsewhere in these minutes).
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The following resolution was offered by Mr. Jeff Kershaw, seconded by Mr. Phil Porto, Jr.
RESOLUTION
A Resolution to ratify the total assessed value of the 2008 assessment lists as determined and presented by the West Baton Rouge Parish Assessor and certified to the West Baton Rouge Parish Council acting as the “Board of Review”
WHEREAS, pursuant to Louisiana Revised Statute 47:1992, the West Baton Rouge Parish Assessor has determined the assessment lists of real and personal property in and for the Parish and has exposed same for inspection by the taxpayers and other interested persons for a period of 15 calendar days as advertised, and
WHEREAS, now that said period has expired and the lists have been changed where necessary for clerical errors or erroneous assessments.
NOW THEREFORE BE IT RESOLVED that the West Baton Rouge Parish Council does hereby ratify the total assessed value of the 2008 assessment lists as determined and presented by the West Baton Rouge Parish Assessor and certified to the West Baton Rouge Parish Council acting as the “Board of Review” in the amount of $290,257,251.56.
Roll call vote on the resolution was recorded as follows:
YEAS: 8 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Porto, Robertson)
NAYS: 0 (None)
ABSENT: 1 (Mrs. Johnson)
As a result of the roll call vote the resolution was unanimously adopted.
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 September 25, 2008, at which meeting a majority of the members were present and voting.
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/s/Sharon Zito
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At this time Kevin Gravois with Professional Engineering Consultants Corp (PEC) was recognized and reviewed the contract change order decreasing amount by $8,526.30 for quantities, and certificate of substantial completion as of 8/22/08 for South Westport Road Improvements – Phase III (RAD-TON, INC.), and recommended approval.
A motion was made by Mr. Phil Porto, Jr., seconded by Ms. Charlene Gordon to approve Change Order No 1 for the South Westport Road Improvements – Phase III (RAD-TON, INC.) to reflect final adjustments of contract quantities for net change in contract price (decrease) of -$8,526.30, as recommended by the Project Engineers (Professional Engineering Consultants Corporation), and authorizing the Parish President to sign same. (Copy of said change order appears elsewhere in these minutes)
Roll call vote on the motion was recorded as follows:
YEAS: 8 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Porto, Robertson)
NAYS: 0 (None)
ABSENT: 1 (Mrs. Johnson)
As a result of the roll call vote the motion was unanimously adopted by those members present.
A motion was made by Mr. Jeff Kershaw, seconded by Ms. Charlene Gordon to approve the Certificate of Substantial Completion on the South Westport Road Improvements – Phase III (RAD-TON, INC.) as of August 22, 2008 as recommended by the Project Engineers (Professional Engineering Consultants Corporation), and authorizing the Parish President to sign same, contingent upon contractor completing the punch list items.
Roll call vote on the motion was recorded as follows:
YEAS: 8 (Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Spillman, Porto, Robertson)
NAYS: 0 (None)
ABSENT: 1 (Mrs. Johnson)
As a result of the roll call vote the motion was unanimously adopted by those members present.
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Mr. Berthelot was recognized under Parish President's Report and announced the following:
Thanked members for appreciation expressed, ideas and suggestions on improving hurricane disaster response;