Jeff Petit Kershaw. Parish President Riley Berthelot, Jr. was also present. **********

Transcription

1 WEST BATON ROUGE PARISH COUNCIL SPECIAL MEETING JULY 12, 2011 WEST BATON ROUGE PARISH COUNCIL/GOVERNMENTAL BUILDING 880 NORTH ALEANDER AVENUE, PORT ALLEN, LOUISIANA 6:30PM The Special Meeting of the West Baton Rouge Parish Council was held on Tuesday, July 12, 2011 and called to order. Council Chairman Gary Spillman requested that electronic devices be silenced and recognized Keith Washington, who led everyone in the pledge of allegiance. Roll call was taken with the following members being present: Messrs. Randal Randy Mouch, Ms. Charlene Gordon, Messrs. Keith K. Keedy Washington, Sr., Gary M. Spillman, Ricky Loupe, Phil Porto, Jr., Mrs. Alethea Lisa Johnson, Mr. Edward G. Bob Robertson Absent: Jeff Petit Kershaw Parish President Riley Berthelot, Jr. was also present. ********** Chairman Spillman stated that the purpose of the meeting was to consider a resolution calling for a special election for 10/22/11 on closing of bar establishments on Sundays at specified time with certain exceptions provided and the proposed resolution could be viewed on screen projector. Mr. Kershaw entered the meeting at this time. Chairman Spillman read the proposed resolution by title into the record entitled a resolution ordering and calling a special election to be held by the Parish of West Baton Rouge, State of Louisiana, on October 22, 2011, for the purpose of requiring the Parish Council of the Parish of West Baton Rouge to amend Chapter 6, Section 6.23 (2) and Chapter 6, Section 116 (2) of the Compiled Ordinances of the Parish of West Baton Rouge to prohibit the sale of all alcoholic beverages and requiring that the business selling alcoholic beverages shall be closed at 10:00 P.M. on Sundays and may not reopen until 6:00 A.M. on Monday, provided that the 10:00 P.M. Sunday closing time shall not apply to Super Bowl Sundays, a Sunday which is followed by either Memorial Day, Labor Day, the 4 th of July or New Year s Day, or if Sunday is the 4 th of July, and to further provided that restaurants, grocery stores, drugstores, off-track betting parlors and truck stop casinos may remain open and may sell alcoholic beverages and/or permit the consumption of alcoholic beverages in such place of business during the prohibited periods set forth above; and providing for other matters in connection therewith. (Said resolution appears elsewhere in these minutes). Chairman Spillman announced that the Public Hearing was in order at this time and all interested persons were invited to appear and be recognized for comments regarding adoption of said resolution. Recognized Tony Cashiola (co-owner of Cash s Casino and owner of Nino s Casino

2 & Truck Stop), who confirmed truck stop and convenience store would be exempt, and expressed support for resolution. Council discussion confirmed that resolution wording requires bar establishments to close doors at 10:00 P.M. on Sundays as requested by law enforcement, if approved by voters. Parish Attorney read statement into the record that this was brought to the attention of the Parish Council because in short period of time in February and March three (3) shootings occurred at barrooms in the unincorporated areas of West Baton Rouge Parish (one shooting occurred on 2/14/11 and two shooting occurred on March 28, 2011) to provide the public with security and safety. Mr. Spillman briefly stated that prior adoption of Ordinance No. 18 of 2011 was oversight by legal counsel as state law prohibits Council from designating time for closing doors of business unless approved by voters. Mr. Spillman cited circumstances allowing for exemptions, and benefit to Parish from video poker revenues received if establishments remain open. No comments were received from the public, and no other interested citizens appeared either for or against the resolution. No written protests opposing the resolution were received. At this time the Council Chairman declared the Public Hearing concluded. ********** The West Baton Rouge Parish Council met in a special session, duly called, advertised and convened at the Parish Council Meeting Room on Tuesday, July 12, 2011, at 6:30 o'clock p.m., with the following members present: Gary Spillman, District VII, Chair Keith K. Washington, Sr., District III, Vice Chair Randal Mouch, District I Jeff Kershaw, District II Ricky Loupe, District IV Charlene Gordon, District V Phil Porto, Jr., District VI Alethea Johnson, District VIII Edward G. Robertson, District I Present Absent Also present were Riley Berthelot, Parish President, Phillip Bourgoyne, Director of Finance, and Sharon Zito, Clerk of Council. The meeting was called to order and the roll called with the above result.

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4 The following resolution was offered by Mr. Randal Mouch, seconded by Mr. Phil Porto, Jr., and adopted with the following vote: YEAS: NAYS: ABSENT: 9 (Messrs. Mouch, Kershaw, Ms. Gordon, Messrs. Washington, Spillman, Loupe, Porto, Mrs. Johnson, Mr. Robertson) 0 (None) 0 (None) And the resolution provides as follows: A RESOLUTION ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD BY THE PARISH OF WEST BATON ROUGE, STATE OF LOUISIANA, ON OCTOBER 22, 2011, FOR THE PURPOSE OF REQUIRING THE PARISH COUNCIL OF THE PARISH OF WEST BATON ROUGE TO AMEND CHAPTER 6, SECTION 6.23(2) AND CHAPTER 6, SECTION 116(2) OF THE COMPILED ORDINANCES OF THE PARISH OF WEST BATON ROUGE TO PROHIBIT THE SALE OF ALL ALCOHOLIC BEVERAGES AND REQUIRING THAT THE BUSINESS SELLING ALCOHOLIC BEVERAGES SHALL BE CLOSED AT 10:00 P.M. ON SUNDAYS AND MAY NOT REOPEN UNTIL 6:00 A.M. ON MONDAY, PROVIDED THAT THE 10:00 P.M. SUNDAY CLOSING TIME SHALL NOT APPLY TO SUPER BOWL SUNDAYS, A SUNDAY WHICH IS FOLLOWED BY EITHER MEMORIAL DAY, LABOR DAY, THE 4TH OF JULY OR NEW YEAR S DAY, OR IF SUNDAY IS THE 4TH OF JULY, AND TO FURTHER PROVIDE THAT RESTAURANTS, GROCERY STORES, DRUGSTORES, OFF-TRACK BETTING PARLORS AND TRUCK STOP CASINOS MAY REMAIN OPEN AND MAY SELL ALCOHOLIC BEVERAGES AND/OR PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN SUCH PLACE OF BUSINESS DURING THE PROHIBITED PERIODS SET FORTH ABOVE; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the Parish Council of the Parish of West Baton Rouge (the Parish Council ), pursuant to the provisions of La. R.S. 51:191, and the applicable provisions of Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, desires to order and call an election to be held in the Parish of West Baton Rouge, State of Louisiana (the Parish ), on October 22, 2011, for the purpose of submitting to the voters of the Parish a proposition requiring the Parish Council of the Parish of West Baton Rouge to amend Chapter 6, Section 6.23(2) and Chapter 6, Section 116(2) of the Compiled Ordinances of the Parish of West Baton Rouge to prohibit the sale of all alcoholic beverages and requiring that the business selling alcoholic beverages shall be closed at 10:00 p.m. on Sundays and may not reopen until 6:00 a.m. on Monday, provided that the 10:00 p.m. Sunday closing time shall not apply to Super Bowl Sundays, a Sunday which is followed by either Memorial Day, Labor Day, the 4th of July or New Year s Day, or if Sunday is the 4th of July, and to further provide that restaurants, grocery stores, drugstores, off-track betting parlors and truck stop casinos may remain open and may sell alcoholic beverages and/or

5 permit the consumption of alcoholic beverages in such place of business during the prohibited periods set forth above; and NOW, THEREFORE, BE IT RESOLVED by the Parish Council, acting as the governing authority of the Parish of West Baton Rouge, State of Louisiana: SECTION 1. That, subject to the approval of the State Bond Commission and under and pursuant to the authority conferred by Article VII, Section 21(K) of the Louisiana Constitution of 1974, as amended (the Constitution ), and the applicable provisions of Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, an election be and the same is hereby called and ordered to be held in the Parish of West Baton Rouge, State of Louisiana (the Parish ), on SATURDAY, OCTOBER 22, 2011, between the hours of six (6:00) o'clock a.m. and eight (8:00) o'clock p.m., in compliance with the provisions of Section 541 of Title 18 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 18:541), and that at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of the State of Louisiana and the Constitution of the United States of America, the following proposition, to-wit: PROPOSITION SUMMARY: Requiring the Parish Council of the Parish of West Baton Rouge to amend Chapter 6, Section 23(2) and Chapter 6, Section 116(2) of the Compiled Ordinances of the Parish of West Baton Rouge, for the purpose of prohibiting the sale of all alcoholic beverages and the closure of the business selling alcoholic beverages on Sundays at 10:00 p.m. until 6:00 a.m. on Monday, provided that the 10:00 Sunday closing time shall not apply to Super Bowl Sundays, a Sunday which is followed by either Memorial Day, Labor Day, the 4th of July or New Year s Day, or if the Sunday is the 4th of July, and providing that restaurants, grocery stores, drugstores, off-track betting parlors and truck stop casinos may remain open and may sell alcoholic beverages and/or permit the consumption of alcoholic beverages in such place of business during the prohibited periods set forth above. Shall the Parish Council of the Parish of West Baton Rouge be required to amend Chapter 6, Section 23(2) and Chapter 6, Section 116(2) of the Compiled Ordinances of the Parish of West Baton Rouge to provide that the sale of all alcoholic beverages must stop and the business selling such alcoholic beverages shall be closed on Sundays at 10:00 p.m. and may not reopen until 6:00 a.m. on Monday, provided that the 10:00 p.m. Sunday closing time shall not apply to Super Bowl Sundays, a Sunday which is followed by either Memorial Day, Labor Day, the 4th of July or New Year s Day, or if the Sunday is the 4th of July, and further providing that restaurants, grocery stores, drugstores, off-track betting parlors and truck stop casinos may remain open and may sell alcoholic beverages and/or permit the consumption of alcoholic beverages in such place of business during the prohibited periods set forth above? 2

6 SECTION 2. That, in accordance with La. R.S. 18:1285, there shall be published in the West Side Journal, a weekly newspaper of general circulation within the Parish, published in the City of Port Allen, and being the official journal of the Parish, once a week for four (4) consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date fixed for election, notice of said election, which notice shall be substantially in accordance with the Notice of Special Election annexed hereto as Exhibit A and incorporated herein by reference the same as if it were set forth herein in full. SECTION 3. That this Parish Council, acting as the governing authority of the Parish, shall meet at its regular meeting place, the Parish Council Meeting Room, 880 North Alexander Avenue, Port Allen, Louisiana, on THURSDAY, NOVEMBER 10, 2011, at SI-THIRTY (6:30) O'CLOCK P.M., and shall then and there in open and public session proceed to examine and canvas the returns and declare the result of the said special election. SECTION 4. That the polling places set forth in the aforesaid Notice of Election and situated within the corporate limits of the Parish be and the same are hereby designated as the polling places at which to hold the said election in accordance with Section 1286(A) or Section , as the case may be, of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and the Commissioners-in-Charge and Commissioners, respectively, will be those persons designated according to law in accordance with Section 1286(A) or Section , as the case may be, of Title 18 of the Louisiana Revised Statutes of 1950, as amended. SECTION 5. That the officers designated to serve as Commissioners-in-Charge and Commissioners, respectively, pursuant to Section 5 hereof and in accordance with Section 1286(A) or Section , as the case may be, of Title 18 of the Louisiana Revised Statutes of 1950, as amended, or such substitutes therefor as may be selected and designated in compliance with Section 1287 of Title 18 of the Louisiana Revised Statutes of 1950, as amended, shall hold the said special election as herein provided, shall make due returns of said election for the meeting of the Parish Council to be held on November 10, 2011, and that the compensation of said officers be and the same is hereby fixed at the sum prescribed by law. All registered voters in the Parish are entitled to vote at the said election and voting machines shall be used thereat. SECTION 6. That the Clerk of this Parish Council be and she is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election the necessary equipment, forms and other paraphernalia essential to the proper holding of said election. SECTION 7. That, in accordance with La. R.S. 18:1285(B) (1), certified copies of this Resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish, and the Registrar of Voters in and for the Parish, as notification of the election herein called in order that each may prepare for said election and perform their respective functions as required by law. SECTION 8. That application be and the same is hereby formally authorized to be made to the State Bond Commission for consent and authority to hold the aforesaid election as herein 3

7 provided, and that a certified copy of this Resolution shall be forwarded to the State Bond Commission on behalf of this Parish Council, together with a letter requesting the prompt consideration and approval of said application. SECTION 9. A certified copy of this resolution, together with other showings required by Section 5 of the Voting Rights Act of 1965 and regulations pertaining thereto shall be submitted to the United States Attorney General for approval in compliance with said Voting Rights Act, should such submission be required. SECTION 10. If any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Resolution which can be given effect without the invalid provisions, items, or applications, and to this end, the provisions of this Resolution are hereby declared severable. The foregoing resolution was adopted on the 12th day of July, /s/ Sharon Zito Sharon Zito, Clerk of Council /s/ Gary Spillman Gary Spillman, Council Chair 4

8 PARISH OF WEST BATON ROUGE STATE OF LOUISIANA I, Sharon Zito, do hereby certify that I am the duly appointed and qualified Clerk of the West Baton Rouge Parish Council, governing authority of the Parish of West Baton Rouge, State of Louisiana. I further certify that the above and forgoing is a true and correct copy of an excerpt of the minutes of a meeting of the Parish Council of the Parish of West Baton Rouge, the governing authority of West Baton Rouge Parish, Louisiana, held on July 12, 2011, and of the following resolution entitled: A Resolution ordering and calling a special election to be held by the Parish of West Baton Rouge, State of Louisiana, on October 22, 2011, for the purpose of requiring the Parish Council of the Parish of West Baton Rouge to amend Chapter 6, Section 6.23(2) and Chapter 6, Section 116(2) of the Compiled Ordinances of the Parish of West Baton Rouge to prohibit the sale of all alcoholic beverages and requiring that the business selling alcoholic beverages shall be closed at 10:00 p.m. on Sundays and may not reopen until 6:00 a.m. on Monday, provided that the 10:00 p.m. Sunday closing time shall not apply to Super Bowl Sundays, a Sunday which is followed by either Memorial Day, Labor Day, the 4th of July or New Year s Day, or if Sunday is the 4th of July, and to further provide that restaurants, grocery stores, drugstores, off-track betting parlors and truck stop casinos may remain open and may sell alcoholic beverages and/or permit the consumption of alcoholic beverages in such place of business during the prohibited periods set forth above; and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the Parish Council of the Parish of West Baton Rouge, the governing authority of West Baton Rouge Parish, Louisiana, this 12th day of July, /s/sharon Zito Sharon Zito, Clerk of the Council

9 EHIBIT A NOTICE OF ELECTION Pursuant to the provisions of a resolution adopted on July 12, 2011, by the Parish Council of the Parish of West Baton Rouge (the Parish Council ), acting as the governing authority of the Parish of West Baton Rouge, State of Louisiana, NOTICE IS HEREBY GIVEN that an election will be held in the Parish of West Baton Rouge, State of Louisiana, on SATURDAY, OCTOBER 22, 2011, and that at the said election there will be submitted to all registered voters of the Parish of West Baton Rouge, State of Louisiana, qualified and entitled to vote at the said election under the Constitution and laws of the State of Louisiana and the Constitution of the United States of America, the following proposition, to-wit: SUMMARY: Requiring the Parish Council of the Parish of West Baton Rouge to amend Chapter 6, Section 23(2) and Chapter 6, Section 116(2) of the Compiled Ordinances of the Parish of West Baton Rouge, for the purpose of prohibiting the sale of all alcoholic beverages and the closure of the business selling alcoholic beverages on Sundays at 10:00 p.m. until 6:00 a.m. on Monday, provided that the 10:00 Sunday closing time shall not apply to Super Bowl Sundays, a Sunday which is followed by either Memorial Day, Labor Day, the 4th of July or New Year s Day, or if the Sunday is the 4th of July, and providing that restaurants, grocery stores, drugstores, off-track betting parlors and truck stop casinos may remain open and may sell alcoholic beverages and/or permit the consumption of alcoholic beverages in such place of business during the prohibited periods set forth above. Shall the Parish Council of the Parish of West Baton Rouge be required to amend Chapter 6, Section 23(2) and Chapter 6, Section 116(2) of the Compiled Ordinances of the Parish of West Baton Rouge to provide that the sale of all alcoholic beverages must stop and the business selling such alcoholic beverages shall be closed on Sundays at 10:00 p.m. and may not reopen until 6:00 a.m. on Monday, provided that the 10:00 p.m. Sunday closing time shall not apply to Super Bowl Sundays, a Sunday which is followed by either Memorial Day, Labor Day, the 4th of July or New Year s Day, or if the Sunday is the 4th of July, and further providing that restaurants, grocery stores, drugstores, off-track betting parlors and truck stop casinos may remain open and may sell alcoholic beverages and/or permit the consumption of alcoholic beverages in such place of business during the prohibited periods set forth above? The said special election will be held at the following polling places situated within the corporate limits of the Parish, which polls will open at six (6:00) o'clock a.m., and close at eight (8:00) o'clock p.m., in compliance with the provisions of Section 541 of Title 18 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 18:541), to-wit: WARD AND PRECINCT Ward 1, Precinct 1 Ward 2, Precinct 1A Ward 2, Precinct 1B Ward 2, Precinct 2 Ward 2, Precinct 3 LOCATION Addis Fire Station Harris Street, Addis Brusly Elementary School South LaBauve Avenue, Brusly Brusly Elementary School South LaBauve Avenue, Brusly Brusly Elementary School South LaBauve Avenue, Brusly Brusly Elementary School South LaBauve Avenue, Brusly 6

10 Ward 3, Precinct 1A Ward 3, Precinct 1B Ward 3, Precinct 2 Ward 4, Precinct 1 Ward 4, Precinct 2 Ward 4, Precinct 3A Ward 4, Precinct 3B Ward 4, Precinct 4 Ward 4, Precinct 5 Ward 5, Precinct 1 Ward 6, Precinct 1 Ward 6, Precinct 2 Ward 7, Precinct 1 Ward 7, Precinct 2 Ward 7, Precinct 3 Ward 7, Precinct 4 Brusly Fire Station # Antonio Road, Port Allen Brusly Fire Station # Antonio Road, Port Allen Lukeville Upper Elementary State Highway 1 South, Brusly American Legion Hall Sixth Street, Port Allen Port Allen City Court South Alexander Avenue, Port Allen K C Hall North Jefferson Avenue, Port Allen K C Hall North Jefferson Avenue, Port Allen Cohn Elementary School Gym North 14th Street, Port Allen Port Allen Fire Station No Court Street, Port Allen Cohn Elementary School Gym North 14th Street, Port Allen Lobdell Fire Station Lafiton Lane, Port Allen WBR Parish Building River View Road, Port Allen Port Allen High School Rosedale Road, Port Allen Chamberlin School Section Road, Port Allen Rosehill Fire Station Rosehill Drive, Port Allen Erwinville Community Center/Shelter Rougon Road, Erwinville The polling places set forth above and situated within the corporate limits of the Parish of West Baton Rouge, State of Louisiana, be and the same are hereby designated as the polling places in which to hold the said special election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law pursuant to Section 1286(A) or Section , as the case may be, of Title 18 of the Louisiana Revised Statutes of 1950, as amended. The said special election will be held in accordance with the applicable provisions of Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with Section 1287 of Title 18 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 18:1287), will make due returns thereof to the Parish Council, and NOTICE IS HEREBY FURTHER GIVEN that said Parish Council will meet at its regular meeting place, the Parish Council Meeting Room, 880 North Alexander Avenue, Port Allen, Louisiana, on THURSDAY, NOVEMBER 10, 2011 at SI-THIRTY (6:30) O'CLOCK P.M., and will then and there in open and public session proceed to examine and canvass the returns and declare the result of the special election. All registered voters in the Parish of West Baton Rouge, State of Louisiana, are entitled to vote at said special election and voting machines will be used thereat. THUS DONE AND SIGNED at Port Allen, Louisiana, on this, the 12th day of July,

11 /s/ Gary Spillman Chair of the Parish Council of the Parish of West Baton Rouge, State of Louisiana ********** There being no further business, a motion to adjourn was made by Ms. Charlene Gordon, seconded by Mr. Keith Washington, Sr. at 6:40PM. Roll call vote on the motion was recorded as follows: YEAS: 9 (Messrs. Kershaw, Ms. Gordon, Messrs. Washington, Spillman, Loupe, Porto, Mrs. Johnson, Messrs. Robertson, Mouch) NAYS: 0 (None) As a result of the roll call vote the motion was unanimously adopted. /s/gary M. Spillman Gary M. Spillman, Council Chairman /s/sharon Zito Sharon Zito, Council Clerk 8