OFFICIAL PROCEEDINGS OF THE TERREBONNE PARISH COUNCIL IN SPECIAL SESSION FEBRUARY 25, 2002

Transcription

1 OFFICIAL PROCEEDINGS OF THE TERREBONNE PARISH COUNCIL IN SPECIAL SESSION FEBRUARY 25, 2002 The Chairman, J. B. Breaux, called the meeting to order at 6:43 p. m., in the Terrebonne Parish Council Meeting Room for the sole purpose of conducting condemnation hearings. Following the Invocation, offered by Councilman W. Thibodeaux, and the Pledge of Allegiance, led by Councilman H. Lapeyre, the Minute Clerk called the roll. Upon roll call, Council Members recorded as present were: C. Voisin, P. Rhodes, D. Henry, A. Tillman, W. Thibodeaux, R. Boudreaux, C. Duplantis, J. B. Breaux, and H. Lapeyre were recorded as present. A quorum was declared present. The Chairman recognized Planning & Zoning Director Patrick Gordon who requested that the Council close the condemnation files on the properties located at 1111 Bond Street, owned by Mr. J. W. Brumfield and Ms. Margaret Butler; 1120 Bourg Street, owned by Mr. Lynn Alexander Johnson; 327 Broad Street owned by Mr. Calvin and Ms. Modesty White; 520 Columbus Street, owned by Mr. James and Ms. Fern Taylor Hite; 125 Fairlane Drive, owned by Ms. Judith C. Diket; 163 Gouaux Avenue, owned by Mr. Otis Bourg, Mr. Otis Bourg, Jr., Mr. Baron B. Bourg, Jr., Mr. Thomas K. Bourg, Ms. Susan Bourg Tuleu, and Ms. Juanita C. Bourg; Highway 55 Montegut (Next to 945 Highway 55) owned by Mr. Junius Elie Prosperie; 5824 Highway 56, owned by Mr. Druis J. Dupre and Ms. Kathy Lirette Dupre; 8869 Main Street, owned by Mr. Wilbert Dugas, Mr. Willie J. Dugas, and Ms. Eula D. Lambert; 116 Mary Ann Street, owned by Mr. Alex Levron; 118 Mary Ann Street, owned by Mr. Alex Levron; 217 Naquin Street, owned by Reverend Harrison Gary c/o Ms. Gloria Verret; 204 ½ Pitre Street, owned by the Estate of Julius J. Boudeloche; 208 Pitre Street, owned by Ms. Catherine Valure Pellegrin; Porche Lane (across from 112 Porche Lane), owned by Ms. Jackie Gathen c.o Cleveland Gathen; 113 St. Peter Street, owned by the Estate of Wallace Thomas c/o Bertha Utley; and West Park Avenue (Across from 2567 West Park Avenue), owned by Mr. John D. Adams and Ms. Daisy Brown Adams due to the properties being either demolished, renovated, or in the process of complying with the Parish Code. Councilman R. Boudreaux moved, seconded by Councilman C. Voisin, THAT, the Council concur with the recommendation of Administration to close the condemnation files on the properties located at 1111 Bond Street; 1120 Bourg Street; 327 Broad; 520 Columbus Street; 125 Fairlane Drive; 163 Gouaux Avenue; Highway 55 Montegut (Next to 945 Highway 55; 5824 Highway 56; 8869 Main Street; 116 Mary Ann Street; 118 Mary Ann Street; 217 Naquin Street,; 204 ½ Pitre; 208 Pitre Street; Porche Lane (Across from 112 Porche Lane; 113 St. Peter Street; and West Park Avenue (Across from 2567 West Park Avenue. (**MOTION ADOPTED AFTER BRIEF COMMENTS)

2 The Chairman recognized Mr. Donald Verret of 319 Naquin Street who commended the Department of Planning and Zoning on its efficiency in handling the condemnation process. The Chairman recognized Mr. Alex Levron of 106 Brien Street who offered comments relative to the condemnation process and his knowledge of this process. **The Chairman called for the vote on the motion offered by Councilman R. Boudreaux. Planning & Zoning Director Patrick Gordon requested that an Ad Hoc Attorney be appointed for the property located at 6016 North Bayou Black Drive, Structure No. 2, owned by Mr. Percy Smith, due to a succession of the property not being previously conducted. Upon questioning, Special Attorney Michael Scurto stated that appointment of an Ad Hoc Attorney is appropriate in order to ensure that all the heirs of the property are represented. Councilman W. Thibodeaux moved, seconded by Councilwoman C. Duplantis, THAT, the Council concur with the recommendation of Administration to appoint an Ad Hoc Attorney for the property located at 6016 North Bayou Black Drive, Structure No. 2, owned by Mr. Percy Smith. The Chairman called for the vote on the motion offered by Councilman W. Thibodeaux.

3 The Chairman recognized Planning & Zoning Director Patrick Gordon who requested that the Council grant a 60-day extension for the property located at 226 Polk Street, owned by Mr. Nathaniel Bolden, in order to allow the heirs to remove the structure and remaining debris. Councilman W. Thibodeaux moved, seconded by Councilman P. Rhodes, THAT, the Council concur with the recommendation of Administration to continue the condemnation proceedings for the property located at 226 Polk Street, owned by Mr. Nathaniel Bolden until April 22, 2002 at 6:30 p. m. (**MOTION ADOPTED AFTER BRIEF COMMENTS) The Chairman recognized Mrs. Emmaline McQuire, an heir of 226 Polk Street, who stated that they are in the process of removing the structure and thanked the Council for the time extension to complete the removal process. **The Chairman called for the vote on the motion offered by Councilman W. Thibodeaux. The Chairman recognized Attorney Richard Brazan, Jr., attorney for Mr. Edward Morgan regarding properties located at 324 A & B, 326, 328, and 330 Railroad Avenue, who questioned notification of the properties being considered and listed on the agenda as 326 Railroad Avenue, 326 Railroad Avenue, and 330 Railroad Avenue. Planning & Zoning Director Patrick Gordon explained that 326, 328, and 330 Railroad Avenue have been placed on this evening s agenda for discussion and stated that if the Council chooses, 324 A & B Railroad Avenue which was previously condemned on February 5, 2002 may be addressed this evening. Mr. Brazan stated that a letter was FAXed to the Council Office requesting that reconsideration be given to the properties located at 324 A & B Railroad Avenue. Councilman W. Thibodeaux moved, seconded by Councilwoman C. Duplantis, THAT, the Council add on the condemnation agenda the properties located at 324 A & B Railroad Avenue. The Chairman called for the vote on the motion offered by Councilman W. Thibodeaux.

4 Mr. Brazan presented his argument relative to the properties located at 324 A & B Railroad Avenue, 326 Railroad Avenue, 328 Railroad Avenue, and 330 Railroad Avenue not meeting the criteria outlined in the new ordinance addressing nuisance abatement. Mr. Brazan continued that he has not received a copy of the previous ordinance and contended that Mr. Morgan should be afforded the same time as extended to him on another burned structure. Mr. Brazan questioned why Mr. Morgan was granted an extension on his permit to renovate the structure and also placed on the condemnation list. Special Counsel Michael Scurto explained the differences between the old condemnation procedures and the new nuisance ordinance, the signing of a contract with Administration to demolish the structures, and the posting of bond for said work. Upon questioning, Mr. Scurto stated that he informed Mr. Brazan that he should obtain a copy of the old and new ordinances that govern condemnation violations. Upon questioning, Planning & Zoning Director Patrick Gordon stated that Administration recommends proceeding with condemnation on the aforementioned properties. Councilman W. Thibodeaux moved, seconded by Councilman H. Lapeyre, THAT, the Council proceed with condemning the properties located at 324 A & B, 326, 328, and 330 Railroad Avenue. (**MOTION WITHDRAWN AFTER DISCUSSION) The Chairman recognized Councilman A. Tillman who read into the record a letter from Mr. Brazan regarding comments on the aforementioned properties (Exhibit A) and responded to several issues contained within the letter. Upon questioning, Special Attorney Scurto stated that proper notification of the condemnation proceedings has been given to the appropriate parties, due process has been extended, and the motion to proceed with condemnation is in order. **Councilman Thibodeaux withdrew the motion and the second was rescinded. Mr. Brazan argued the soundness of the structures and noted that the structures do not warrant condemnation.

5 Upon questioning, Mr. Gordon explained that after a permit issued to renovate a structure, the applicant has one year to complete the renovations or request an extension. Mr. Gordon continued that although a permit was issued, it does not prevent the Council from condemning a structure. The Chairman recognized Mr. Herman Torregano of Railroad Avenue, who stated that the properties being considered this evening fall under legislation of the previous condemnation ordinance. Mr. Torregano reminded the committee of the criminal activity, sewer violations, and Board of Health condemnation of the aforementioned properties. Councilman W. Thibodeaux moved, seconded by Councilman H. Lapeyre, THAT, the Council concur with the recommendation of Administration to proceed with condemnation of the properties located at 324 A & B, 326, 328, and 330 Railroad Avenue, owned by Oakwood Properties to commence within sixty days. (**MOTION ADOPTED AFTER DISCUSSION) Discussion transpired relative to clarifying the intent of the ordinance as it relates to the Council having the authority to condemn or request that a structure be repaired. The Chairman called for the vote on the motion offered by Councilman W. Thibodeaux. Discussion continued relative to the interpretation of the ordinance for condemnation. Councilman R. Boudreaux moved, seconded by Councilman D. Henry, THAT, the Council recess in order to allow the attorneys for the aforementioned matter to converse. The Chairman called for the vote on the motion offered by Councilman R. Boudreaux.

6 Councilman R. Boudreaux moved, seconded by Councilman W. Thibodeaux, THAT, the Council return to the regular order of business as per the written agenda. The Chairman called for the vote on the motion offered by Councilman R. Boudreaux. Councilman R. Boudreaux moved, seconded by Councilman W. Thibodeaux, THAT, there being no further business to come before the Council, the meeting be adjourned. The Chairman called for a vote on the motion offered by Councilman R. Boudreaux. The Chairman declared the motion adopted and the meeting adjourned at 7:40 p.m. ATTEST: SUZETTE THOMAS MINUTE CLERK /S/J.B. BREAUX J. B. BREAUX, CHAIRMAN

7 TERREBONNE PARISH COUNCIL /S/PAUL A. LABAT PAUL A. LABAT, COUNCIL CLERK TERREBONNE PARISH COUNCIL