Roll call vote for Gary Spillman to serve as Council Chair was recorded as follows: 5 (Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Robertson)

Transcription

1 WEST BATON ROUGE PARISH COUNCIL ORGANIZATIONAL MEETING COUNCIL - JANUARY 12, 2012 WEST BATON ROUGE PARISH COUNCIL/GOVERNMENTAL BUILDING 880 NORTH ALEXANDER AVENUE, PORT ALLEN, LOUISIANA 6:30PM The Organizational Meeting of the Council was held on Thursday, January 12, 2012 and called to order. At this time 2011 Council Chairman Gary Spillman requested that all electronic devices be silenced and recognized Owen Cope, who led everyone in the pledge of allegiance. Roll call was taken with the following being present: Messrs. Randal Randy Mouch, Chris Fish Kershaw, Ms. Naomi Fair, Mr. Ricky Loupe, Ms. Charlene Gordon, Messrs. Phil Porto, Jr., Gary M. Spillman, Barry Hugghins, Edward G. Bob Robertson Absent: None Parish President Riley Berthelot, Jr. was also present. At this time the meeting was turned over to Executive Assistant Jason Manola to conduct election of officers. Mr. Manola provided the following procedural information: Open floor for nominations starting with Chair position, followed by Vice Chair position and vote in actual order of the nominations. If no one receives majority, if more than two (2) then will drop the lowest person and re-vote again until majority reached for positions. Mr. Manola opened the floor for nominations for Council Chairman. Mr. Loupe nominated Gary Spillman. Mr. Kershaw nominated Randy Mouch. A motion was made by Mr. Ricky Loupe, seconded by Ms. Charlene Gordon to close the nominations. Roll call vote for Gary Spillman to serve as Council Chair was recorded as follows: YEAS: 5 (Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Robertson) 4 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Hugghins) As a result of the roll call vote Mr. Spillman was elected Council Chair. At this point Mr. Spillman chaired the meeting, made brief statement thanking the members for confidence, and announced that the nominations were open for Vice Chair. Mr. Porto nominated Ricky Loupe, seconded by Mr. Hugghins. Ms. Fair nominated Charlene Gordon, who declined the nomination. Mr. Kershaw nominated Randal Mouch. A motion was made by Mr. Phil Porto, Jr. to close the nominations. Roll call vote for Ricky Loupe to serve as Vice Council Chairman was recorded as follows: YEAS: 6 (Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson) 3 (Messrs. Mouch, Kershaw, Ms. Fair) As a result of the roll call vote Mr. Loupe was elected Vice Chair. At this time Mr. Loupe expressed his thanks. A motion was made by Mr. Phil Porto, Jr., seconded by Ms. Charlene Gordon to approve the minutes of the Regular Meeting of December 8, 2011 as published in the Parish Official Journal.

2 Roll call vote on the motion was recorded as follows: YEAS: 9 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson) As a result of the roll call vote the motion was unanimously adopted. Public comments were requested from the audience at this time and Larry Johnson on behalf of the Port of Greater Baton Rouge was recognized. Mr. Johnson congratulated members on victories, stating Port looked forward to working with Council to make West Baton Rouge Parish better, and furnished report on Port facilities. Ms. Gordon was recognized under item 8 (communications with Council members and/or other elected or appointed officials) and invited everyone to Martin Luther King, Jr. program on Monday at 10:00AM at Poplar Grove Baptist Church on Court Street in Port Allen, La. as well as parade in Port Allen on Saturday at 1:00PM. 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 111 Administration and enforcement, Article II Parish Planning Commission, Sec Meetings, rules, regulations and records, Article IV Zoning enforcement, Section Zoning Commission; Establishment of procedure to provide for cancellation of Planning & Zoning Commission meetings when there are no action items on the agenda. Public Works Director Kevin Durbin was recognized and confirmed that half of the 2011 Planning & Zoning meetings didn t have any action items on the agenda, which became an issue for staff to stay after hours with overtime pay as well as commission members. Ordinance was drafted to allow for cancellation of future meetings when no action items on the agenda, but members will still receive proper compensation for their service. Clerk confirmed that the Zoning Commission had recommended approval of the ordinance on January 3, No interested citizens appeared either for or against the ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 3 of 2012 appears elsewhere in these minutes. The following ordinance was offered by Mr. Ricky Loupe, seconded by Mr. Edward Robertson ORDINANCE NO. 3 OF 2012 An ordinance to amend and reenact West Baton Rouge Compiled Ordinances, Chapter 111 ( Administration and Enforcement), Article II ( Parish Planning Commission ), Section ( Meetings, rules, regulations and records.) and Article IV ( Zoning Enforcement ), Section ( Zoning commission; establishment and procedure. ) to provide for cancellation of Planning & Zoning Commission Meetings when there are no action items on the agenda. WHEREAS the West Baton Rouge Parish Planning and Zoning Commissions meet twice each month to hear and take action on subdivision and zoning items AND WHEREAS these meetings are governed in part by Louisiana State Revised Statutes and West Baton Rouge Parish Codes AND WHEREAS heretofore, the Planning Commission was required to meet twice per month according to West Baton Rouge Parish Code Section ( Meetings, rules, regulations and records. ) regardless of whether or not there were any action items on the agenda AND

3 WHEREAS the West Baton Rouge Parish Council seeks to curb government expenditures by eliminating meetings in which there are no action items on the agenda THERFORE BE IT ORDAINED BY THIS COUNCIL that Chapter 111 ( Administration and Enforcement ), Article II ( Parish Planning Commission ), Section ( Meetings, rules, regulations and records. ) and Article IV ( Zoning Enforcement ), Section ( Zoning commission; establishment and procedure. ) of the West Baton Rouge Code of Ordinances be amended and reenacted to read as follows (NOTE: underlined words are additions and strikethrough words are deletions. Three asterisks - * * * - indicate sections of the code skipped for brevity of this ordinance. Such sections are to be retained by the code editors.): CHAPTER 111 ADMINISTRATION AND ENFORCEMENT * * * ARTICLE II. PARISH PLANNING COMMISSION * * * Sec Meetings, rules, regulations and records. The commission created by this article shall hold at least two regular meetings in each month. There shall be no meeting of the planning commission when there are no planning action items to be considered on the agenda. However, if there are zoning action items to be considered on the zoning commission agenda, then the planning commission may open and close its meeting on the same night as the zoning commission meeting in order to handle regular business such as approval of minutes from previous meetings and acceptance of correspondences. Notice of the cancellation of a planning commission meeting shall be posted on the exterior doors of the Governmental Building at 880 N. Alexander Ave., Port Allen. The commission created by this article shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. The most recent edition of Robert s Rules of Order is hereby adopted for the planning commission. Planning Commissioners shall be compensated at a rate of one hundred seventy dollars ($170.00) per month for their service, regardless of how many meetings are attended each month. The Chair of the Planning Commission shall be compensated at a rate of two hundred thirty dollars ($230.00) per month regardless of how many meetings the Chair attends. If any Planning Commissioner, including the Chair, misses six meetings within one calendar year (regardless of whether those absences were excused or unexcused, but not counting cancelled meetings), then his or her appointment to the Planning Commission shall be reconsidered by the Parish Council at their next meeting following the sixth reported absence. * * * ARTICLE IV. ZONING ENFORCEMENT * * * Sec Zoning commission; establishment and procedure. * * * (a) In order to avail itself of the powers conferred, the parish council shall appoint a zoning commission, which may also be the planning and zoning commission, whose function it shall be to recommend the boundaries of the various original districts as well as restrictions and regulations to be enforced therein, and any supplements, changes or modifications thereof. Before making any recommendations to the parish council, the zoning commission shall hold a public hearing. Notice of the time and place of the hearing shall be published at least three times in the official journal of the parish, and at least 15 days shall elapse between the first publication and the date of the hearing. There shall be no meeting of the zoning commission when there are no zoning action items to be considered on the agenda. However, if there are planning action items to be considered on the planning commission agenda, then the zoning commission may open and close its meeting on the same night as the planning commission meeting in order to handle regular business such as approval of minutes from previous meetings and acceptance of correspondences. Notice of the cancellation of a zoning commission meeting shall be posted on the exterior doors of the Governmental Building at 880 N. Alexander Ave., Port Allen. After the hearing has been held by the zoning commission, it shall make a report of its findings and recommendations to the parish council. The parish council shall not hold its public hearings or take actions until it has received the final report of the zoning commission. Zoning Commission members shall be the same persons that serve as Planning Commission members. The compensation and consideration of removal (for absence) of appointed zoning commission members shall be the same as those rules established under Parish Code Section (planning commission rules). There shall be no extra compensation for Planning Commissioners in their service as Zoning Commissioners.

4 * * * NOW, THEREFORE, BE IT FURTHER ORDINANED, by the Parish Council of the Parish of West Baton Rouge, Louisiana, that this ordinance shall become effective on the day provided pursuant to the home rule charter. NOW, THEREFORE, BE IT FURTHER ORDINANED, by the Parish Council of the Parish of West Baton Rouge, Louisiana, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety. NOW, THEREFORE, BE IT FURTHER ORDINANED, 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 affect 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: 9 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson) ABSENT: CERTIFICATE I, Sharon Zito, hereby certify that I am the duly qualified Secretary for the West Baton Rouge Parish Council. I further certify that the above and foregoing is a true and correct copy of the ordinance adopted by the West Baton Rouge Parish Council, in regular session, on the 12 th day of January, 2012, and submitted to the Parish President at 9:20 o clock AM on the 17 th day of January, IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 17 th day of January, /s/sharon Zito Sharon Zito, Council Clerk PARISH PRESIDENT S APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, do hereby approve the foregoing ordinance on the 17 th day of January, /s/riley Berthelot, Jr. Riley Berthelot, Jr., Parish President

5 COUNCIL CLERK S RETURN RECEIPT I certify that the above and foregoing ordinance was returned from the Parish President at 11:05 o clock AM on the 17 th day of January, /s/sharon Zito Sharon Zito, Council Clerk 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 6 Alcoholic Beverages, Sec. 23(2) Prohibited activities of permittees, and Sec. 116(2) Prohibited activities of licensees and permittees. Parish Attorney Lou Delahaye was recognized clarified originally amended existing ordinance to implement Sunday closing time, changed gears to have an election, and now adopting ordinance that was placed on hold. No interested citizens appeared either for or against the ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 1 of 2012 appears elsewhere in these minutes. The following ordinance was offered by Mr. Phil Porto, Jr., seconded by Mr. Randal Mouch ORDINANCE NUMBER: 1 of 2012 AN ORDINANCE TO ENACT CHAPTER 6, SECTIONS 23(2) AND SECTION 116(2) OF THE COMPILED ORDINANCES OF THE PARISH OF WEST BATON ROUGE. NOW, THEREFORE, BE IT ORDINANED, by the Parish Council of the Parish of West Baton Rouge, in legal session, that CHAPTER 6, Section 23(2) and Section 116(2) of the compiled ordinances of West Baton Rouge Parish, is amended and re-enacted to read as follows: "CHAPTER 6, Section 23(2). Prohibited activities of permittees. (2) Sell, store, use, consume, handle, give away or otherwise dispose of any of the beverages described in section 6-21 between the hours of 1:00 a.m. and 6:00 a.m. daily and to conduct the operation of said business between the hours of 2:00 a.m. and 6:00 a.m. daily, except as provided by Chapter 6, Article I, Section 2. except on Sundays, when the sale of all alcoholic beverages must stop and the business shall be closed at 10:00 p.m. and may not reopen until 6:00 a.m. on Monday. The 10:00 p.m. Sunday closing time shall not apply to a Sunday which is followed by Memorial Day, Labor Day, the 4 TH of July or New Years Day or if the Sunday is the 4 TH of July. Restaurants, grocery stores, drugstores, truck stop casinos or other business may remain open for the sale of other items permitted by law, but any sale or consumption of alcoholic beverages in such places of business during the prohibited periods set forth above is expressly prohibited. During the prohibited periods, no open glasses, bottles, cans, or other containers holding alcoholic beverages shall be allowed anywhere on the licensed premises except in a locked cabinet or cupboard; provided, that those businesses which maintain separate rooms for the conduct of the business of dealing in alcoholic beverages may securely

6 close and lock said separate rooms. Proof of the finding of any open container holding alcoholic beverages at any other place in the licensed premises during the prohibited periods shall result in a presumption that some of the contents of the container were consumed on the licensed premises on the date found; and shall further result in a presumption that the contents of the container were sold by the permit holder, his manager, agent, servant or employee on the date found. The term "open" as used in this subsection shall include, but not be restricted to, any container from which the top has at any time been removed, regardless of whether it has been replaced, and in the case of a sealed container, any container on which the seal has been broken. CHAPTER 6, Section 116(2). Prohibited activities of licensees and permittees. (2) Sell, store, use, consume, handle, give away or otherwise dispose of any of the beverages described in section between the hours of 1:00 a.m. and 6:00 a.m. daily and to conduct the operation of said business between the hours of 2:00 a.m. and 6:00 a.m. daily, except as provided by Chapter 6, Article I, Section 2. except on Sundays, when the sale of all alcoholic beverages must stop and the business shall be closed at 10:00 p.m. and may not reopen until 6:00 a.m. on Monday. The 10:00 p.m. Sunday closing time shall not apply to a Sunday which is followed by Memorial Day, Labor Day, the 4 TH of July or New Years Day or if the Sunday is the 4 TH of July. Restaurants, grocery stores, drugstores, truck stop casinos or other business may remain open for the sale of other items permitted by law, but any sale or consumption of alcoholic beverages in such places of business during the prohibited periods set forth in this subsection is expressly prohibited. During the prohibited periods, no open glasses, bottles, cans or other containers holding alcoholic beverages shall be allowed anywhere on the licensed premises except in a locked cabinet or cupboard; provided, that those businesses which maintain separate rooms for the conduct of the business of dealing in alcoholic beverages may securely close and lock said separate rooms. Proof of the finding of any open container holding alcoholic beverages at any other place in the licensed premises during the prohibited periods shall result in a presumption that some of the contents of the container were consumed on the licensed premises on the date found; and shall further result in a presumption that the contents of the container were sold by the permit holder, his manager, agent, servant or employee on the date found. The term "open" as used in this subsection shall include, but not be restricted to, any container from which the top has at any time been removed, regardless of whether it has been replaced and in the case of a sealed container, any container on which the seal has been broken. NOW, THEREFORE, BE IT FURTHER ORDINANED, by the Parish Council of the Parish of West Baton Rouge, Louisiana, that this ordinance shall become effective on the day provided pursuant to the home rule charter. NOW, THEREFORE, BE IT FURTHER ORDINANED, by the Parish Council of the Parish of West Baton Rouge, Louisiana, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety. NOW, THEREFORE, BE IT FURTHER ORDINANED, 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 and nay on roll call: YEAS: 9 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson)

7 ABSENT: CERTIFICATE I, Sharon Zito, hereby certify that I am the duly qualified Secretary for the West Baton Rouge Parish Council. I further certify that the above and foregoing is a true and correct copy of the ordinance adopted by the West Baton Rouge Parish Council, in regular session, on the 12 th day of January, 2012, and submitted to the Parish President at 9:15 o clock AM on the 13 th day of January, IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 13 th day of January, /s/sharon Zito Sharon Zito, Council Clerk PARISH PRESIDENT S APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, do hereby approve the foregoing ordinance on the 17 th day of January, /s/riley Berthelot, Jr. Riley Berthelot, Jr., Parish President COUNCIL CLERK S RETURN RECEIPT I certify that the above and foregoing ordinance was returned from the Parish President at 9:30 o clock AM on the 17 th day of January, /s/sharon Zito Sharon Zito, Council Clerk 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

8 amend Chapter 6 Alcoholic Beverages, Sec. 2 Sunday closing time. Mr. Delahaye clarified that ordinance was to implement the proposition as approved in 10/22/11 election. The following were recognized and made statements for the record: John Kirkendahl as owner of Crazy Horse Cabaret, 2901 I-10 Frontage Road, Port Allen, La. congratulated and expressed appreciation of service to newly elected Council members. Mr. Kirkendahl confirmed had been seeking distance exemption enforcement for approximately 8 months for clubs that were not remotely close to residential areas as supported by local law enforcement (Sheriff). Mr. Kirkendahl stated on election day 6 of 9 districts voted against ordinance, employees and others who depend on Sunday business are in favor, and would like to continue to pay $30, yearly in sales tax. Michael Clegg congratulated members and wished happy new year. Mr. Clegg stated effective September 2011 Supreme Court changed way municipalities are allowed to do things as result of Silver Dollar case (copy provided) instead of having referendum vote to regulate alcoholic beverages in Parish. Mr. Clegg provided history on past incidents, result of proposed solution, and requested favorable vote for distance regulation amendment to benefit client. Mr. Porto clarified that proposition was voted on by people, Mr. Kirkendahl and attorney asking to amend for distance between barrooms fitting criteria and residential areas. Mr. Hugghins requested concurrence from Parish Attorney as to authority. Mr. Delahaye stated that the Silver Dollar case does give authority to enact ordinance without an election and implement under state statute and not under authority of the vote of the people, but Parish had election. Mr. Hugghins clarified that ordinance voted on can be implemented and then amended. Mr. Hugghins made statement as to review and discussion of ordinance. Mr. Hugghins expressed disappointment has come to this because ordinance voted on and referendum wording are required to enact ordinance, but ordinance seems to be fundamentally unfair as to difference of public safety - getting drunk at truck stop, restaurant, or club, and everybody serving alcohol by the drink should be treated the same way as basis country founded on everybody equal before the law. Messrs. Mouch and Hugghins discussed revocation of alcohol license of club having problems which fell into same criteria. Mr. Loupe made statement of unfairness, but put before vote of people, and must accept result. Mr. Hugghins concurred in enacting ordinance. No interested citizens appeared either for or against the ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 2 of 2012 appears elsewhere in these minutes. The following ordinance was offered by Mr. Randal Mouch, seconded by Mr. Phil Porto, Jr. ORDINANCE NUMBER: 2 OF 2012_ AN ORDINANCE TO ENACT CHAPTER 6, ARTICLE I, SECTIONS 2 OF THE COMPILED ORDINANCES OF THE PARISH OF WEST BATON ROUGE. NOW, THEREFORE, BE IT ORDINANED, by the Parish Council of the Parish of West Baton Rouge, in legal session, that CHAPTER 6, Article I, Section 2 of the compiled ordinances of West Baton Rouge Parish, is enacted to read as follows: "CHAPTER 6, Article I, Section 2. Sunday Closing Time. (2) Businesses selling alcoholic beverages shall be closed at 10:00 p.m. on Sundays and may not reopen until 6:00 a.m. on Monday, except 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

9 Day, the 4 th of July or New Year s Day, or if Sunday is the 4 th of July or to restaurants, grocery stores, drugstores, off-track betting parlors and truck stop casinos.1 NOW, THEREFORE, BE IT FURTHER ORDINANED, by the Parish Council of the Parish of West Baton Rouge, Louisiana, that this ordinance shall become effective on the day provided pursuant to the home rule charter. NOW, THEREFORE, BE IT FURTHER ORDINANED, by the Parish Council of the Parish of West Baton Rouge, Louisiana, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety. NOW, THEREFORE, BE IT FURTHER ORDINANED, 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 affect 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 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Robertson) YEAS: 1 (Mr. Hugghins with the following statement: Yes, but only because I m required by the vote of the people to do so. ) ABSENT: CERTIFICATE I, Sharon Zito, hereby certify that I am the duly qualified Secretary for the West Baton Rouge Parish Council. I further certify that the above and foregoing is a true and correct copy of the ordinance adopted by the West Baton Rouge Parish Council, in regular session, on the 12 th day of January, 2012, and submitted to the Parish President at 9:15 o clock AM on the 13 th day of January, IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 13 th day of January, /s/sharon Zito Sharon Zito, Council Clerk PARISH PRESIDENT S APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, do hereby approve the foregoing ordinance on the 17 th day of January, Pursuant to R. S. 26:493, a local option election was held in West Baton Rouge Parish on October 22, 2011and the voters approved the enactment of Chapter 6, Article I, Section 2.

10 /s/riley Berthelot, Jr. Riley Berthelot, Jr., Parish President COUNCIL CLERK S RETURN RECEIPT I certify that the above and foregoing ordinance was returned from the Parish President at 9:30 o clock AM on the 17 th day of January, /s/sharon Zito Sharon Zito, Council Clerk Mr. Berthelot was recognized under item 10 (consider status report, change order, and/or other matters as required on current projects) and reviewed change order 2 for Westport Area Sewer Collection System Rehabilitation Contract No. 1 for a net increase in the contract price of $34, for installation of three (3) manholes, fencing at pump stations, and 15 sewer liner cured in place and requested approval. Mr. Berthelot provided clarification on additional work required, quantities, change orders, original contract price, Department of Environmental Quality loan, and treatment plant phase. A motion was Mr. Randal Mouch, seconded by Mr. Rick Loupe to approve the change order for the Westport Area Sewer Collection System Rehabilitation Contract No. 1 (Tullier Services) as aforementioned and recommended by Project Engineer and Administration, and authorizing the Parish President to execute same. Roll call vote on the motion was recorded as follows: YEAS: 8 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Robertson) RECUSED: 1 (Mr. Hugghins with the following statement: Mr. Tullier has been a customer of mine and I haven t sold him anything since I ve been a Councilman, but I m going to recuse myself out of an abundance of caution because he s a nice man and he nor I need an ethics problem. ) As a result of the roll call vote the motion was adopted by a majority of the members. Mr. Berthelot reviewed certificate of substantial completion for Westport Area Sewer Collection System Rehabilitation Contract No. 1 and requested approval. A motion was made by Mr. Phil Porto, Jr., seconded by Ms. Charlene Gordon to approve the Certificate of Substantial Completion for the Westport Area Sewer Collection System Rehabilitation Contract No. 1 (Tullier Services) as of November 9, 2011 as recommended by the Project Engineer and Administration, and authorizing the Parish President to execute same, contingent upon contractor completing the punch list items. Roll call vote on the motion was recorded as follows: YEAS: 8 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Robertson)

11 RECUSED: 1 (Mr. Hugghins with the following statement: I will again recuse myself. ) As a result of the roll call vote the motion was adopted by a majority of the members. Mr. Manola was recognized and reviewed memo from Julie Rose with the Museum requesting approval of nine (9) listed items considered old and obsolete to take to auction for disposal, which has to be declared surplus equipment by the Council in order to remove from asset list. A motion was made by Mr. Ricky Loupe, seconded by Mr. Edward Robertson to declare the following WBR Museum equipment as surplus equipment and of no public use, and authorizing advertisement for sale at public auction: 48 inch Sony rearview projection television; 21 inch Sony television; 19 inch RCA television with VHS player; 13 inch Magnavox television with DVD player; Gray laminated television cabinet; Lektron series sound powered floor lectern; Cannon CanoScaner D66OU scanner; Two (2) Polaroid cameras; Metal shelving from education storage (four (4) units with five (5) shelves each). Roll call vote on the motion was recorded as follows: YEAS: 9 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson) As a result of the roll call vote the motion was unanimously adopted. Mr. Manola requested authorization to advertise throughout year for all capital expenditure budgeted items, and return for contract approval. A motion was made by Mr. Barry Hugghins, seconded by Mr. Chris Kershaw to authorize the administration to advertise throughout the year for all capital expenditure budgeted items as aforementioned. Roll call vote on the motion was recorded as follows: YEAS: 9 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson) As a result of the roll call vote the motion was unanimously adopted. Riley Berthelot, Jr. was recognized under Parish President s Report regarding the following: Congratulated members/newly elected officers, available to answer any questions and looking forward to working together.

12 Provided background history and status on La 1/I-10 Connector, recent investor meeting, proposed study, and announced construction drawing phase or preliminary design on project available for review. Department of Transportation & Development public information meeting scheduled for 1/25/12 at 6:00PM at YMCA to present three-phase plan for Sugar La 1 (including restriping, signage, and relocating stop signs closer to highway, installation of J-Turn, alternate exit routes). Department head meeting recently held regarding capital outlay, budgets, and goals and challenges. One goal is to start GIS to enable Utilities Department to locate valves, gas, and water lines. Energy efficiency grant funds available following installation of retrofit lighting for Governmental and Community Center buildings to purchase four (4) air-conditioning units for the Erwinville Community Center. Copies of Master Plan recently adopted available through the Office of Community Planning & Development (Permit Office). Mr. Spillman discussed DOTD public hearing stations set-up and/or open house format style to discuss issues on plans for Sugar La. 1 crossing. Mr. Kershaw added DOTD is proposing long-range study of traffic signals on La. 1 from Intracoastal to Plaquemine and encouraged anyone interested to attend public hearing. Mr. Berthelot discussed median, proposal to lower speed limit from Brusly to Sugar Mill, and list for notifying of future meetings. Town of Brusly Mayor Joey Normand discussed DOTD timing of lights on La. 1. Discussion held on additional growth in area and possible installation of overpasses to aid in traffic flow. Gary Spillman was recognized under Council Chairman s Report regarding the following: Announced WBR Convention & Visitors Bureau candidate for festival of year award for the Kite Fest to be presented in Shreveport at end of month. Announced 1 hour Customer Service Seminar scheduled for 1/31/12 at the Addis Community Center in connection with the Bowling Conference to be held in Baton Rouge from 2/11/12 7/9/12. Received great response to installation of lights on U S Highway 190. Announced blues festival scheduled at the Mouch Arena 3/3/12 from noon until 10:00PM. The following resolution was offered by Mr. Barry Hugghins, seconded by Ms. Naomi Fair RESOLUTION A Resolution supporting the West Baton Rouge s the Governor s Office of Community Development for Community Water Enrichment Fund Grant Application for $100, to install automated chlorinators at well-sites and sampling system equipment for the Parish Utilities Department WHEREAS, West Baton Rouge Parish desires to secure funding through the aforementioned application for installation of much needed upgrades to assist electronic monitoring and control of the well-sites, pumps and towers, and providing radio communication between sites and the existing telemetry system, and WHEREAS, West Baton Rouge Parish does not possess sufficient funds to make completion of this project a reality. NOW THEREFORE BE IT RESOLVED that the West Baton Rouge Parish Council does hereby express its support of the Governor s Office of Community Development for Community Water Enrichment Fund Grant Application for $100, to install chlorinators at well-sites and sampling system equipment for the Parish Utilities Department.

13 Roll call vote on the resolution was recorded as follows: YEAS: 9 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson) 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 January 12, 2012 at which meeting all of the members were present and voting. /s/sharon Zito At this time Mr. Berthelot requested a verbal resolution if there were no objections to be prepared by the Council Clerk to express thanks to Judge Free for swearing-in everyone earlier today. Said resolution appears elsewhere in these minutes. The following resolution was offered by Ms. Charlene Gordon, seconded by Mr. Barry Hugghins RESOLUTION A Resolution commending and thanking Judge Robin Free for administering oaths of office at 4:00PM Ceremony January 12, 2012 to each of the West Baton Rouge Parish Council members and the Parish President WHEREAS, the West Baton Rouge Parish Council wishes to take this opportunity to publicly express thanks to Judge Free for rendering this service to the Council and Parish President. NOW THEREFOR BE IT RESOLVED that the West Baton Rouge Parish Council does hereby take this opportunity to commend and thank Judge Free for making the Oath of Office Ceremony held at 4:00PM on January 12, 2012 such a success and an event to remember. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Judge Free. Roll call vote on the resolution was recorded as follows: YEAS: 9 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson) As a result of the roll call vote the resolution was unanimously adopted. CERTIFICATE I, Sharon Zito, Council Clerk do hereby certify that the above and foregoing is a true and correct copy of a resolution adopted by said body at its Regular Meeting of January 12, 2012 at which meeting all of the members were present and voting.

14 /s/sharon Zito The Council Chairman read by title the proposed ordinances being introduced and publicized by title, and considered for adoption following a public hearing at the indicated meetings at 6:30PM in the Council Meeting Room of the Governmental Building, 880 North Alexander Avenue, Port Allen, La.: Amend Chapter 74 Special Districts, Article II Waterworks, Division 1, District 1, Sec Created; boundaries, Sec Domicile to abolish said district (January 26, 2012); Amend Chapter 104 Zoning rezoning request of Harry L. Laws & Company, Inc., Brusly, La. from Agricultural District to Traditional Neighborhood Development District (February 9, 2012). The Council Clerk read by title the proposed the following ordinance being introduced by and publicized by title, and considered for adoption following a public hearing at the January 26, 2012 meeting at 6:30PM in the Council Meeting Room of the Governmental Building, 880 North Alexander Avenue, Port Allen, La.: Amend Chapter 109 Property Maintenance, Article II Unlawful Vegetation to provide for more effective enforcement of unlawful vegetation premise complaint cases. Mr. Durbin was recognized at this time under item 15 and read excerpts from a variance application & evaluation form from the Office of Community Planning and Development, parcel description, and site plan on the request of Mandeville Properties, LLC (realtor)/ae Stores Adult Emporium (operator)/rebecca Sawyer (owner) from Special Use Permit fence requirement, 2855 I-10 Frontage Road, Port Allen, La. Mr. Durbin confirmed the following: Code requires that this use have a wooden or masonry 6 foot fence, currently have 6 foot chain-link fence, company is requesting variance from fence requirement, signatures of no objection from department heads and adjacent property owners obtained, and Ms. Sawyer present tonight to answer any questions. Rebecca Sawyer was recognized as owner of Mandeville Rental Properties and will be running AE Stores as well. Ms. Sawyer stated setup of building would prohibit view of 25 parking spaces in rear and be safety issue if wood or masonry fence installed. Discussion held on location of adjacent facilities, type of fencing, and wooded area shown on map. Mr. Spillman confirmed facility located in district, hadn t received any objections, and fencing ordinance requirement changes should be considered for safety issue in the future. A motion was made by Mr. Gary Spillman, seconded by Mr. Phil Porto, Jr. to grant the variance request of Mandeville Properties, LLC/AE Stores Adult Emporium/Rebecca Sawyer, 2855 I-10 Frontage Road, Port Allen, La. from Special Use Permit fence requirement (installation of 6 foot masonry or wood fence) based upon receipt of signatures of no objection and fact that surrounding facilities have 6 foot chain-link fencing. Roll call vote on the motion was recorded as follows: YEAS: 9 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson) As a result of the roll call vote the motion was unanimously adopted. Mr. Durbin was recognized at this time under item 15 and read excerpts from a variance application & evaluation form from the Office of Community Planning and Development, parcel description, and site plan on the request of Gillas Manton, 4116 Willow Street, Port Allen, La. for side setback variance from 23 feet to 10 feet. Mr. Durbin confirmed that signatures of no objection had been obtained from department heads as well as adjacent

15 property owners. Mrs. Manton s son, Frank Neill, was recognized and explained trailer set-up due to location of utilities. Mr. Hugghins provided history of property, request and offered no objection to setback. Mr. Berthelot clarified lot size and dimensions. A motion was made by Mr. Barry Hugghins, seconded by Mr. Edward Robertson to grant the variance request of Gillas Manton, 4116 Willow Street, Port Allen, La. for side setback variance from 23 feet to 10 feet based upon receipt of signatures of no objection to proposed relocation of buffer setback line. Roll call vote on the motion was recorded as follows: YEAS: 9 (Messrs. Mouch, Kershaw, Ms. Fair, Mr. Loupe, Ms. Gordon, Messrs. Porto, Spillman, Hugghins, Robertson) As a result of the roll call vote the motion was unanimously adopted. At this time under Correspondence Report the Council Clerk read excerpt from the West Baton Rouge Parish Planning & Zoning Commission Agenda scheduled for Tuesday, January 17, 2012 at 6:30PM. There being no further business, a motion to adjourn was made by Ms. Charlene Gordon, seconded by Mr. Chris Kershaw and approved by acclamation at 7:40PM. /s/gary M. Spillman Gary M. Spillman, Council Chairman /s/sharon Zito Sharon Zito, Council Clerk