Mr. Keith K. Keedy Washington, Sr., Mrs. Alethea Lisa Johnson

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1 WEST BATON ROUGE PARISH COUNCIL REGULAR MEETING MAY 8, 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, May 8, 2008 and called to order. At this time Council Chairman Randal requested that all electronic devices be silenced. Chairman Mouch Charlene Gordon, 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. Ricky Loupe, Randal Randy Mouch, Gary Sprout Spillman, Phil Porto, Jr., Edward G. Bob Robertson Absent: Mr. Keith K. Keedy Washington, Sr., Mrs. Alethea Lisa Johnson Parish President Riley Berthelot, Jr. was also At this time the Council Clerk stated that Mrs. Johnson could not attend tonight s meeting due to conflict with daughter s athletic banquet. A motion was made by Mr. Gary Spillman, seconded by Mr. Edward Robertson to approve the minutes of the Regular Meetings of March 27, 2008 and April 10, 2008 as published in the Parish Official Journal. Pam Keowen with the Department of Utilities was recognized and explained that request for authorization to advertise for various size pipe and fittings for said department was for yearly supply of items used on daily basis. A motion was made by Mr. Phil Porto, Jr., seconded by Ms. Charlene Gordon to authorize the Utilities Department to advertise to receive and open bids for yearly supply of various size pipe and fittings as required on daily basis by said department.

2 Parish President Berthelot was recognized under item 7 (consider any amendments to the agenda) and requested that Animal Control Officer Richard Summers be given an opportunity to speak when Council sees fit. A motion was made by Mr. Ricky Loupe, seconded by Mr. Phil Porto, Jr. to amend tonight s agenda to allow Animal Control Officer Richard Summers to make presentation under public comments. Chairman Mouch made brief statement that he had requested that Mr. Summers be present to discuss problems experienced with dangerous animals, strengthening existing ordinance based on ordinances obtained from local municipalities, and renovations to current facility. Mr. Summers provided data on number of complaints received on pit-bulls, rotweilers, and/or pack of wild dogs, types of traps, and schedule maintained at the center. Mr. Mouch discussed problems residents are experiencing with dangerous animals including non-stop barking, which cannot be resolved with the current ordinance. Mr. Kershaw discussed retirement schedule for current employee and hiring replacement for center. Consensus was to form committee for review of ordinance and make recommendations for strengthening same. Mr. Delapasse requested revising the animal control ordinance to apply not only to cats and dogs, but also include regulations for horses, snakes, etc. in accordance with complaints received from residents. Mr. Mouch stated that when officer is within municipality he has to abide by municipal regulations, and suggested ordinance uniformity. 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, Sec Base district regulations by zoning districts, Article II District regulations, Appendix A zoning districts; and to enact new Sec POS-RV site development regulations, Article V yard/setback, open space and common area requirements, Chapter 106 Site planning, unified development code to provide for site development regulations for campgrounds and RV parks. Mr. Durbin stated that the ordinance wording had not changed since last presentation but included 4 bullet-point amendments as recommended by the Zoning Commission at the meeting of 5/6/08. Mr. Durbin read the bullet-point amendments into the record as follows: 1) Require the fence screening height to be 8 foot instead of 6 feet [106-32(b)(1)]; 2) Change the word or to and when referring to landscaping and solid board fencing [106-32(b)(1)]; 3) Clarify the wording in the site development regulations regarding width, depth and yard of the entire site or entire zone and not individual RV areas [106-32(a)]; 4) Add miscellaneous provision language requiring 8 inch water lines and fire hydrants spaced every 800 feet.

3 The Council Clerk confirmed that the Zoning Commission recommended approval of the ordinance by vote of 7 yeas, and 2 nays. Perry Gaudet President of Fairview Homeowners Association was recognized and made statement expressing said subdivision s support for adoption of the ordinance to protect property values and interest of residential areas. Maurice LeBlanc President of Louisiana Campground Owners Association & owner of Yogi Bear s Jellystone Campground in Robert, La. was recognized and made ordinance amendment suggestions regarding acreage required, minimum buffer, mobile home parks vs. RV parks, area devoted to recreation, campground distance from residential area, and number of camp-sites and cabins. Planning & Zoning Commission member Bill Schultz was recognized and stated limiting to 5 per acre on total tract insures more area for roads, recreation area, other facilities & parking. Wil Kleinpeter was recognized and requested nice campgrounds if ordinance adopted. Jason Creighton was recognized and presented RV park & campground regulations from Ascension & Livingston parishes and National Association of RV Parks & Campgrounds guide and requested committee be formed for further study prior to adoption. Jamie Simpson recognized and expressed support for ordinance, but requested if issue tabled moratorium be instituted. Mr. Kershaw commended parish for controlled growth rate, and felt ordinance would give Council discretionary power on site locations as well as development regulations. Mr. Spillman stated that he supported ordinance, but requested including 20% of the entire zone be set aside for recreational area. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 36 of 2008 appears elsewhere in these minutes. The following ordinance was offered by Mr. Jeff Kershaw, seconded by Mr. Edward Robertson Ordinance No. 36 of 2008 An ordinance to adopt and reenact Section ( Base district regulations by zoning districts ), Article II ( District Regulations ), Chapter 104 ( Zoning ); Appendix A ( Zoning Districts ), Chapter 104 ( Zoning ); and to adopt and enact a new Section ( POS-C-RV site development regulations ), Article V ( Yard/Setback, Open Space and Common Area Requirements ), Chapter 106 ( Site Planning ) of the West Baton Rouge Code of Ordinances, Unified Development Code to provide for site development regulations for campgrounds and RV parks. WHEREAS it is the proper function and duty of the West Baton Rouge Parish Government to promote the health, safety and welfare of its citizens and community AND WHEREAS campgrounds and RV parks are permitted developments in certain parts of the Parish under zoning codes AND WHEREAS proper site development regulations are necessary for the Parish Government to help promote the health, safety and welfare of both campground patrons and their neighbors THEREFORE BE IT ORDAINED BY THIS COUNCIL that Section ( Base district regulations by zoning districts ), Article II ( District Regulations ), Chapter 104 ( Zoning ) and Appendix A ( Zoning Districts ), Chapter 104 ( Zoning ) be adopted and reenacted to read as follows AND THEREFORE BE IT FURTHER ORDAINED BY THIS COUNCIL that a new Section ( POS-C-RV site development regulations ), Article V ( Yard/Setback, Open Space and Common Area Requirements ), be adopted and enacted under Chapter 106 ( Site Planning ) of the West Baton Rouge Code of Ordinances, Unified Development Code 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 104 ZONING * * *

4 ARTICLE II. District Regulations * * * Sec Base district regulations by zoning districts. * * * (2) Nonresidential districts. * * * i. POS-C-RV park and open space, campgrounds and RV park district. 1. Purpose. The purpose of the POS-C-RV park and open space, campgrounds and RV park district shall be to provide for appropriate locations for campgrounds and RV parks. 2. Permitted, prohibited and special uses. See Appendix A to this chapter. * * * APPENDIX A. ZONING DISTRICTS 01The table below indicates which land and building uses are permissible and non-permissible in each zoning district. The phrase "any other similar uses compatible with" each zone may applied by the zoning administrator for C-1, I-1, I-2 and I-3 zoning districts. The following codes apply: P = Permitted use; Blank Space = Prohibited use; S = Special use permit required for the use. TABLE INSET: Use Classifications R-SF-1, R-SF-2, R-SF-3, R-ED, R- 2F R-MF-1, R- MF-2, R- MF-3 R- MH, R-M C-1, C-2 I-1, I-2 I-3 A B-1, B-2 POS -C- RV * * * Campground P P S P * * * Chapter 106 SITE PLANNING * * * ARTICLE V. Yard/Setback, Open Space and Common Area Requirements * * * Sec POS-C-RV site development regulations (a) Site development regulations in POS-C-RV districts (NOTE: The following specifications refer to the entire campground as a whole and not to individual RV sites.) (1) Minimum zone size: No parcel or combination of parcels as a site for the permitted uses of this zone shall be considered for rezoning to this zone unless the site is at least five (5) acres in size (2) Minimum lot width: 100 feet (3) Maximum width to depth ratio: 1:5

5 (4) Minimum front, side and rear yard: 30 feet, (100 feet if adjacent to a residential zoning district) (5) Maximum density: Five (5) campsites per acre (b) Miscellaneous provisions (1) Buffer requirements: Within the required setback distance adjacent to residential zoning districts, a buffer in the form of evergreen landscaping and solid board fencing [not less than eight (8) feet in height] shall be provided so as to screen the view from any existing or future residence located within five-hundred (500) feet surrounding the site. (2) Duration of placement or occupancy: No placement of a recreational vehicle or portable camping unit, nor occupancy thereof by the same tenant(s) shall exceed one-hundred twenty (120) days in any twelve (12) month period following the placement or occupancy, unless otherwise specified by Louisiana State Revised Statutes or Louisiana Administrative Code. Otherwise permanent occupancy of such a single family residence is prohibited, except by the managing operator and the immediate family members legally dependent thereon. (3) Records: The owner or operator of a permitted use facility in this zone shall maintain a constant record of each tenant or visitor, noting their name, date(s) of stay, home address and the make, model year and license number(s) of their vehicle(s), which shall be available for inspection by the Zoning Inspector or other law enforcement agencies. (4) No individual camping sites shall be subdivided from or sold as ownable or buildable lots independent of the overall recreation park, camp or combined park-camp property that they are part of as rentable or leaseable spaces. (5) A minimum of twenty percent (20%) of the entire campsite shall be designated for recreational spaces including, but not limited to, playgrounds, trails, swimming pools, and ponds. Spaces used for offices, administrative uses and laundry buildings shall not count toward this requirement, however, portions of these buildings used for arcades / game rooms may be applied to this requirement. (6) Sanitary sewer, water supply and trash disposal provisions shall be designed, installed, operated and maintained in accordance with the Louisiana State Revised Statutes and Louisiana Administrative Code rules. (7) Water lines and fire hydrant requirements shall be equivalent to those required for major subdivisions as provided for in Sec (6)(a). (8) Public road access: The location and design of any required private driveway entrance from and/or exit to a public road shall be to the satisfaction of the West Baton Rouge Parish Director of Public Works or the Louisiana Department of Transportation, as applicable. (9) Stormwater drainage: Stormwater drainage at any point of discharge from land use for the permitted uses of this zone onto adjacent off-site lands must be controlled to the satisfaction of the West Baton Rouge Director of Public Works. (10) Lighting: The intensity of any exterior lighting relative to adjacent off-site residential use or zone must not exceed 0.2 foot-candles at the border of a site in this zone. * * * THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, that this ordinance shall become effective upon the Parish President s signature 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

6 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: WHEREUPON the ordinance was declared adopted on the 8 th day of May, ATTEST: 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 8 th day of May, I further certify that the above and foregoing ordinance was submitted the Parish President at 10:05 o clock AM on the 9 th day of May, IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 9 th day of May, PRESIDENT APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 9 th day of May, /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 12:25 o clock PM on the 9 th day of May, 2008.

7 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 re-zoning request of Turner Industries Group, LLC, Charles Drive, Port Allen, La. designated as Tracts S-1, S-3 & Tract C located in Westport from Light Industrial & Commercial Districts to Moderate Industrial District. Cletus Langlois with Patin Engineers and Surveyors was recognized representing Tuner Industries and provided background on housekeeping request. Mr. Durbin verified that the Zoning Commission recommended approval at meeting of May 6, John Fetter with Turner Industries was recognized and stated he would be happy to answer any questions. Mr. Langlois stated that Turner was one of the largest employers within parish. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 28 of 2008 appears elsewhere in these minutes. The following ordinance was offered by Mr. Gary Spillman, seconded by Mr. Phil Porto, Jr. ORDINANCE NO. 28 OF 2008 AN ORDINANCE TO AMEND CHAPTER 104 ZONING TO INCORPORATE AMENDED ZONING DESIGNATION MAP (ZONING PLAN) UNDER SEC 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 Establishment of Districts, Official Zoning Map of the Compiled Ordinances of the Parish of West Baton Rouge, Louisiana is amended and reenacted to read as follows: Sec Establishment of districts, official zoning map for re-zoning request of Turner Industries Group, LLC, Charles Drive, Port Allen, La. designated as Tracts S-1, S-3 & Tract C located in Westport from I-1 (Light Industrial District) & C-1 (Commercial District) to I-2 (Moderate Industrial 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:

8 WHEREUPON the ordinance was declared adopted on the 8 th day of May, ATTEST: 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 8 th day of May, I further certify that the above and foregoing ordinance was submitted the Parish President at 9:25 o clock AM on the 9 th day of May, IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 9 th day of May, PRESIDENT APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 9 th day of May, /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 12:25 o clock PM on the 9 th day of May, 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 re-zoning request of Westport Investments, Charles Drive, Port Allen, La. designated as portion of Tract W-1 (11.84 acres) located in Westport from Light Industrial District to Moderate Industrial District. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 29 of 2008 appears elsewhere in these minutes.

9 The following ordinance was offered by Mr. Gary Spillman, seconded by Mr. Jeff Kershaw ORDINANCE NO. 29 OF 2008 AN ORDINANCE TO AMEND CHAPTER 104 ZONING TO INCORPORATE AMENDED ZONING DESIGNATION MAP (ZONING PLAN) UNDER SEC 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 Establishment of Districts, Official Zoning Map of the Compiled Ordinances of the Parish of West Baton Rouge, Louisiana is amended and reenacted to read as follows: Sec Establishment of districts, official zoning map for re-zoning request of Westport Investments, Charles Drive, Port Allen, La. designated as portion of Tract W-1 (11.84 acres) located in Westport from I-1 (Light Industrial District) to I-2 (Moderate Industrial 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: WHEREUPON the ordinance was declared adopted on the 8 th day of May, ATTEST: 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 8 th day of May, 2008.

10 I further certify that the above and foregoing ordinance was submitted the Parish President at 9:25 o clock AM on the 9 th day of May, IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 9 th day of May, PRESIDENT APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 9 th day of May, /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 12:25 o clock PM on the 9 th day of May, At this time Mr. Kershaw requested including RV Park Ordinance become effective immediately upon the Parish President s signature. Parish Attorney stated that the home rule charter provides designating effective date other than 30 days after adoption, and action could be taken at this time on inclusion into said ordinance. A motion was made by Mr. Jeff Kershaw, seconded by Ms. Charlene Gordon that Ordinance No. 36 of 2007 (Development Regulations for Campgrounds and RV Parks) shall become effective immediately upon the Parish President s signature pursuant to Section 2-12 (C) of the Home Rule Charter. 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 on the 2008 Central Communications Budget Amendment No 3 in connection with new facility. Mr. Bourgoyne was recognized and explained the amendment was required for matching

11 congestion mitigation and air quality grant funds by transferring $190, from central communications to local emergency planning committee fund for equipment. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 30 of 2008 appears elsewhere in these minutes. The following ordinance was offered by Mr. Gary Spillman, seconded by Mr. Edward G. Robertson ORDINANCE NO. 30 OF 2008 AN ORDINANCE ADOPTING THE 2008 BUDGET AMENDMENT (NO. 3) TO AN OPERATING BUDGET OF REVENUES AND EXPENDITURES FOR CENTRAL COMMUNICATIONS FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2008 BE IT ORDAINED by the Council of the Parish of West Baton Rouge Louisiana, in regular session convened that: SECTION 1: The attached detailed 2008 budget amendments to estimate of revenues by departments for the fiscal year beginning January 1, 2008, and ending December 31, 2008 be and the same is hereby adopted to serve as an operating budget of revenues for the Parish during the said period. SECTION 2: The attached detailed 2008 budget amendments to estimate of expenditures by departments for the fiscal year beginning January 1, 2008, and ending December 31, 2008, be and the same is hereby adopted to serve as budget of expenditures for the Parish during the said period. SECTION 3: The adoption of these 2008 budget amendments to operating budget of revenues and expenditures be and the same is hereby declared to operate as an appropriation of the amount therein set forth within the terms of the budget classifications. SECTION 4: 2008 budget. Amounts are available for expenditures only to the extent included with the The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote: WHEREUPON the ordinance was declared adopted on the 8 th day of May, ATTEST: CERTIFICATE

12 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 8 th day of May, I further certify that the above and foregoing ordinance was submitted the Parish President at 9:25 o clock AM on the 9 th day of May, IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 9 th day of May, PRESIDENT APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 9 th day of May, /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 12:25 o clock PM on the 9 th day of May, 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 on the 2008 General Fund, Buildings & Lands Capital Outlay, and Roads Capital Outlay Budgets Amendment No. 4. Mr. Bourgoyne explained the amendment was required to amend the general fund revenues for anticipated increases in sales tax, and expenditures in roads capital outlay for shortfall on bids, and buildings and lands capital outlay for Morrisonville & Jail sewer projects. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 32 of 2008 appears elsewhere in these minutes. The following ordinance was offered by Mr. Jeff Kershaw, seconded by Mr. Ricky Loupe ORDINANCE NO. 32 OF 2008 AN ORDINANCE ADOPTING THE 2008 BUDGET AMENDMENT (NO. 4) TO AN OPERATING BUDGET OF REVENUES AND EXPENDITURES FOR THE GENERAL FUND AND BUILDINGS & LANDS CAPITAL OUTLAY, AND ROADS CAPITAL

13 OUTLAY FUNDS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2008 BE IT ORDAINED by the Council of the Parish of West Baton Rouge Louisiana, in regular session convened that: SECTION 1: The attached detailed 2008 budget amendments to estimate of revenues by departments for the fiscal year beginning January 1, 2008, and ending December 31, 2008 be and the same is hereby adopted to serve as an operating budget of revenues for the Parish during the said period. SECTION 2: The attached detailed 2008 budget amendments to estimate of expenditures by departments for the fiscal year beginning January 1, 2008, and ending December 31, 2008, be and the same is hereby adopted to serve as budget of expenditures for the Parish during the said period. SECTION 3: The adoption of these 2008 budget amendments to operating budget of revenues and expenditures be and the same is hereby declared to operate as an appropriation of the amount therein set forth within the terms of the budget classifications. SECTION 4: 2008 budget. Amounts are available for expenditures only to the extent included with the The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote: WHEREUPON the ordinance was declared adopted on the 8 th day of May, ATTEST: 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 8 th day of May, I further certify that the above and foregoing ordinance was submitted the Parish President at 9:25 o clock AM on the 9 th day of May, IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 9 th day of May, 2008.

14 PRESIDENT APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 9 th day of May, /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 12:25 o clock PM on the 9 th day of May, 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 58 Offenses and miscellaneous provisions to include prohibiting urinating in public. Messrs. Delapasse and Delahaye were recognized and stated that during ordinance recodification process this ordinance was deleted and Sheriff s Office requested that ordinance be included in code of ordinances in addition to state obscenity statute. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Said Ordinance No. 31 of 2008 appears elsewhere in these minutes. The following ordinance was offered by Mr. Gary Spillman, seconded by Mr. Ricky Loupe ORDINANCE NO. 31 OF 2008 AN ORDINANCE TO AMEND CHAPTER 58 OFFENSES AND MISCELLANEOUS PROVISIONS OF COMPILED ORDINANCES OF THE PARISH OF WEST BATON ROUGE PARISH, LOUISIANA TO INCLUDE PROHIBITING URINATING IN PUBLIC NOW THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council in legal session that Chapter 58 Offenses and Miscellaneous provisions of the Compiled Ordinances of the Parish of West Baton Rouge, Louisiana is amended and re-enacted to read as follows: Urinating in Public. A person is guilty of urinating in public if he or she intentionally urinates or defecates in a public place or at a place and under circumstances where such act could be observed by any member of the public. "Public place" shall include any street, road, parking lot, sidewalk, mall, boulevard, park, playground or other place open to public view, but shall not include enclosures designed for use as a toilet or restroom. The penalty for urinating in public would fall under the general penalty provision of the parish code of ordinances Section 1-12, which is $ fine or not more than 30 days in jail or both. THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, that this ordinance shall become effective immediately upon approval by the Parish President. 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.

15 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: WHEREUPON the ordinance was declared adopted on the 8 th day of May, ATTEST: 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 8 th day of May, I further certify that the above and foregoing ordinance was submitted the Parish President at 9:25 o clock AM on the 9 th day of May, IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 9 th day of May, PRESIDENT APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 9 th day of May, /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 12:25 o clock PM on the 9 th day of May, 2008.

16 Kevin Gravois with PEC Engineers was recognized regarding bid award 4/24/08 for the 2008 Road Maintenance Program to F. G. Sullivan Contractors, LLC, and approved Change Order No. 1 for deletion of paving fabric decreasing the contract price by -$117, After discussion with contractor recommend rescinding change order and include paving fabric in said contract. Mr. Bourgoyne stated that another budget amendment would be introduced tonight to cover cost of paving fabric. Messrs. Gravois & Delapasse confirmed that Sullivan remains low bidder. A motion was made by Mr. Ricky Loupe, seconded by Ms. Charlene Gordon to rescind Change Order No. 1 for deletion of paving fabric as adopted 4/24/08 for the 2008 Road Maintenance Program (F. G. Sullivan Contractors, LLC) and instate same for an additional $117,000.00, budget amendment to follow. Mr. Delapasse was recognized and reviewed certificate of substantial completion for portion of the project designated for partial occupancy or use of offices for Phase II Miscellaneous Interior Repairs for the WBR Parish Tourist Information Center/Convention & Visitors Bureau. Mr. Delapasse stated that as of today entire project is eligible for certificate of substantial completion, contingent on punch list. A motion was made by Mr. Jeff Kershaw, seconded by Mr. Gary Spillman to approve the Certificate of Substantial Completion for Phase II Miscellaneous Interior Repairs for the West Baton Rouge Parish Tourist Information Center/Convention & Visitors Bureau, 2750 North Westport Drive, Port Allen, La. (Block Construction, LLC) as of May 8, 2008 as recommended by the administration, and authorizing the Parish President to execute same, contingent upon contractor completing the punch list items. Mr. Delapasse was again recognized and stated that Williams Construction had complete new roof and overhang work, and requested approval of the certificate of substantial completion for Williams and Lee Renovation of storage and pump.

17 A motion was made by Mr. Phil Porto, Jr., seconded by Mr. Edward Robertson to approve the Certificate of Substantial Completion for Williams and Lee Renovation of Storage and Pump Shed at said Port Allen Park (Williams Construction Company of Port Allen) as of April 23, 2008 as recommended by the recreation department and administration, and authorizing the Parish President to execute same, contingent upon contractor completing the punch list items. At this time Mr. Delapasse provided the following updates on various projects: Williams and Lee Pool Project - Tile work around top border almost complete; sand-blasting complete; tank installed in pool storage pump shed. Fireman and Police Memorial - Granite ordered, which is 45 to 60 day time-frame. Riley Berthelot, Jr. was recognized under Parish President's Report and discussed the following: Police Jury Association of Louisiana Legislative Day at Hilton Riverview scheduled for Tuesday, May 13, 2008 and delegate voting for Region 3. Mr. Kershaw requested that Mr. Berthelot make announcement regarding his fund-raiser scheduled for tomorrow. Mr. Berthelot stated that wanted to invite Council and spouses to annual event scheduled for tomorrow starting between 5:00 and 5:30 PM with boiled crawfish at the West Side Golf Course in Brusly, La. Mr. Berthelot stated golf team tee-offs were at 1:00 PM. At this time Randal Mouch was recognized under Council Chairman s Report and stated he planned to organize a committee to study the animal control ordinance. The following resolution was offered by Mr. Jeff Kershaw, seconded by Mr. Phil Porto, Jr. RESOLUTION A Resolution designating the week of June 22 nd 28 th, 2008 as Pilez Mosquito Week in West Baton Rouge Parish, Louisiana WHEREAS, in recent years outbreaks of West Nile virus have occurred through the State of Louisiana as well as sporadic outbreaks of St. Louis Encephalitis and Eastern Equine Encephalitis, and WHEREAS, mosquitoes are an ongoing threat to human and animal health hindering outdoor entertainment and work, and WHEREAS, the Louisiana Mosquito Control Association, the LSU Agricultural Center, the Louisiana Department of Health and Hospitals, the Louisiana Department of Agricultural and Forestry, the American Mosquito Control Association and many mosquito and abatement programs within the state want to convey to the general public the importance of eliminating

18 containers of any type from around the premise which can collect water and serve as source of production, and WHEREAS, the Cajun word pilez means to crush, destroy or eliminate, and the efforts of those fighting the mosquito deserve the full support of the citizens of West Baton Rouge Parish, Louisiana. NOW THEREFORE BE IT RESOLVED that the West Baton Rouge Parish Council does hereby with to express its support by designating the week of June 22 nd 28 th as Pilez Mosquito Week within West Baton Rouge Parish, Louisiana. Roll call vote on the resolution was recorded as follows: As a result of the roll call vote the resolution was unanimously adopted by those members 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 May 8, 2008, at which meeting a majority of the members were present and voting. /s/sharon Zito Chairman Mouch read by title the below listed proposed ordinances being introduced by title, publicized by title, and considered for adoption following public hearings at the meeting of Thursday, May 22, 2008 at 6: 30 PM. in the Council Meeting Room of the Governmental Building, 880 North Alexander Avenue, Port Allen, La.: Amend Chapter 104 Zoning for re-zoning request of Medric Mini Storage, 2553 Court Street, Port Allen, La. designated as Lot M-1 from Commercial District to Community-Scaled Commercial District. The Council Clerk read by title the additional below listed proposed ordinances also being introduced and publicized by title, and considered for adoption following public hearings at the meeting of Thursday, May 22, 2008 at 6:30 PM. in the Council Meeting Room of the Governmental Building, 880 North Alexander Avenue, Port Allen, La.: 2007 Budget Amendment No. 6 for the Local Emergency Planning Committee Grant Fund; 2008 Budget Amendment No. 5 for the General Fund Transfers and Roads Capital Outlay Fund. Mr. Bourgoyne was recognized at this time and commented on the budget amendments regarding number of budget amendments this year. Mr. Bourgoyne stated that the 2007 budget amendment was recommended by the auditors for housekeeping purposes due to under expenditures. Mr. Bourgoyne explained that the 2008 budget amendment was to take care of the additional $117, for the paving fabric.

19 At this time the Council Clerk read an excerpt of the Planning Commission minutes of May 6, 2008 recommending approval of the preliminary plat showing subdivision of Tract A-1-B-2 into Lots 1 20 being a portion of the original Allendale Plantation for Studio City Louisiana, LLC with variance for lot size and dimensions of the 20 lots. Mr. Durbin stated that representatives of Studio City were present tonight to answer questions (Darrel Primeaux and Michele LeBlanc). Mr. Durbin stated that plat did not have any punch list items, but variance was required as located within industrial zone rather than residential, and is noted on said plat. Ms. LeBlanc explained that plat was for back lot for film crews/support services for Main Street with false front facades in different architectural styles, which will house offices, etc. Ms. LeBlanc confirmed that those were only rumors that this movie studio was 90% dead. Mr. Durbin explained use of property if purchased should studio project not come to fruition and rights as defined by parish code and home rule charter. A motion was made by Mr. Gary Spillman, seconded by Mr. Edward Robertson to approve the preliminary plat showing subdivision of Tract A-1-B-2 (13.60 acres) into Lots 1 thru 20 being a portion of the original Allendale Plantation for Studio City Louisiana, LLC with variances listed on said plat, and as recommended by the Planning Commission. The Clerk continued with the Planning Commission minutes of May 6, 2008 recommending approval of final map showing re-subdivision of property located on East Flynn Road, Lot M- 3 into Lots M-3A, M-3-B, M-3-C & M-3-D of the Arthur Adams, Sr. Estate for heirs of Doyle Delapasse as a family partition, contingent on the Office of Community Planning and Development punch list being completed and a variance for the utility improvements to be installed at the time of the issuance of first building permit. Cletus Langlois was recognized and stated that since the surveyor was not present tonight he would be happy to answer any surveying related questions on those plats. Mr. Durbin explained that this was a family subdivision creating 4 lots with request that utilities not be installed until the time building permits are issued, which is not an uncommon for family subdivisions. Family member recognized and stated that purpose was to divide property and put in each member s name. A motion was made by Mr. Jeff Kershaw, seconded by Ms. Charlene Gordon to approve the final map showing re-subdivision of Lot M-3 into Lot M-3-A, Lot M-3-B, Lot M-3-C & Lot M-3-D of the Arthur Adams, Sr. Estate for the heirs of Doyle Delapasse, contingent upon completion of the Office of Community Planning and Development punch list, and variance that utility improvements are to be installed at the time the first building permit is issued.

20 The Clerk continued with the Planning Commission minutes of May 6, 2008 recommending approval of final map showing re-subdivision of property located on West Flynn Road, Lot G into Lots G-1, G-2, G-3, G-4 & G-5 of the Arthur Adams, Sr. Estate for heirs of Doyle Delapasse as a family partition, contingent on the Office of Community Planning and Development punch list being completed and variance for the size of the private servitude of passage through Lot B, and the utility improvements to be installed at the time of the issuance of the first building permit. Mr. Durbin explained that this property was east of previous plat for same applicant for 5 family lots, and again requesting variance on the utility installations, and also going from 25 to 20 servitude of access only on Lot B on which residence is located. Applicant confirmed that access servitude could be expanded from 20 to 25 for Lot B. A motion was made by Mr. Gary Spillman, seconded by Mr. Phil Porto, Jr. to approve the final map showing re-subdivision of Lot G into Lot G-1, Lot G-2, Lot G-3, Lot G-4 & Lot G- 5 of the Arthur Adams, Sr. Estate for the heirs of Doyle Delapasse, contingent upon completion of the Office of Community Planning and Development punch list, 25 servitude of access, and variance that utility improvements are to be installed at the time the first building permit is issued. The Clerk continued with the Planning Commission minutes of May 6, 2008 recommending approval of final plat showing the re-subdivision of Tract F of the Willie Jack Estate of Tonawanda Plantation District into Tracts RF-1, RF-2, RF-3, RF-4, RF-5, RF-6, RF-7 & RF-8 for Norris Jack, Sr. as a family partition on Flynn Road, Port Allen, La. with a variance for infrastructure installation with the issuance of the first building permit and variance for plat remaining unsigned by Parish President until heirs have signed at later date. Surveyor Cletus Langlois was recognized and explained at property owner s request map will remain with surveyor until ready for signatures to subdivide property. Mr. Berthelot explained that this had been done before for estate planning. A motion was made by Mr. Jeff Kershaw, seconded by Mr. Ricky Loupe to approve the final plat showing the re-subdivision of Tract F of the Willie Jack Estate of Tonawanda Plantation District into Tracts RF-1, RF-2, RF-3, RF-4, RF-5, RF-6, RF-7 & RF-8 for Norris Jack, Sr. as a family partition on Flynn Road, Port Allen, La. with a variance for infrastructure installation with the issuance of the first building permit and variance for plat remaining unsigned by Parish President until heirs have signed at later date.

21 The Clerk continued with the Planning Commission minutes of May 6, 2008 recommending approval of final plat of survey showing survey of a 4.50 acre lot (Lot 11-C) being removed from Lot 11 of Cypress Hall Plantation for Carl Deshautel, 7142 U S Highway 190 West, Port Allen, La. as a family partition, contingent on Office of Community Planning and Development punch list being completed. Mr. Durbin explained that this was another family subdivision with no variances, but there is punch list. Mr. Langlois explained that this was for Mrs. Harkins son, who is relocating due to Hurricane Katrina A motion was made by Mr. Gary Spillman, seconded by Mr. Phil Porto, Jr. to approve final plat of survey showing survey of a 4.50 acre lot (Lot 11-C) being removed from Lot 11 of Cypress Hall Plantation for Carl Deshautel, 7142 U S Highway 190 West, Port Allen, La. as a family partition, contingent on Office of Community Planning and Development punch list being completed. The Clerk continued with the Planning Commission minutes of May 6, 2008 recommending approval of final plat showing the re-subdivision of Tract JA-1A-2 into Tracts JA-1A-2A, JA- 1A-2B & JA-1A-2C being a portion of Poplar Grove Plantation for DDS Investments, LLC on Safe Energy Drive with a variance for block lengths and through streets as listed on the plat. Mr. Langlois was recognized and explained property zoned I-2 and are cutting out 5 acre lot at corner of Safe Energy and Safe Way for mini-warehouse, office & lay-down yard fenced-in. A motion was made by Mr. Phil Porto, Jr., seconded by Ms. Charlene Gordon to approve the final plat showing the re-subdivision of Tract JA-1A-2 into Tracts JA-1A-2A, JA-1A-2B & JA-1A-2C being a portion of Poplar Grove Plantation for DDS Investments, LLC on Safe Energy Drive with a variance for block lengths and through streets as listed on the plat.

22 At this time under Correspondence Report the Council Clerk read excerpt from the following: Police Jury Association of Louisiana Legislative Day Itinerary for Tuesday, May 13, 2008; West Baton Rouge Parish Planning & Zoning Commission Agenda scheduled for Tuesday, May 20, 2008 at 6:30 PM. The Council Clerk read memo into the record from Director of WBR Parish Office of Homeland Security/Emergency Preparedness recommending the names of Sharlot Edwards, and Chuck Ardeneaux with the Addis Fire Department for consideration to fill Mr. Moran s unexpired term on West Baton Rouge Parish Central Communications Board of Commissioners until 8/10/10. Mr. Berthelot was recognized and stated that the Parish Attorney has confirmed that based on the Ethics Board opinion Sharlot Edwards can be appointed to serve on said board, and furnished Mrs. Edwards qualifications. A motion was made by Mr. Gary Spillman, seconded by Mr. Ricky Loupe to appoint Mrs. Sharlot Edwards to the West Baton Rouge Parish Central Communications Board of Commissioners to fill the unexpired term of Deano Moran (who resigned) until 8/10/10 based on the Ethics Board opinion, and recommendation of the Parish Office of Homeland Security/Emergency Preparedness. There being no further business, a motion to adjourn was made by Mr. Jeff Kershaw, seconded by Ms. Gordon at 8:30 PM. /s/randal Mouch, Council Chairman

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