WEST BATON ROUGE PARISH COUNCIL REGULAR MEETING WEST BATON ROUGE PARISH GOVERNMENTAL BUILDING 880 NORTH ALEXANDER AVENUE, PORT ALLEN, LOUISIANA FEBRUARY 8, 2018 6:30PM The Regular Meeting of the West Baton Rouge Parish Council was held on Thursday, February 8, 2018 and called to order at 6:30pm. Council Chairman Gary Spillman requested that all electronic devices be placed on silent as the meeting opened with The Pledge of Allegiance led by Fire Chief Kenny Hunt.. ATTENDANCE The following members were recorded as being present: Messrs. Chris Fish Kershaw, Ricky Loupe, Barry Hugghins, Edward G. Bob Robertson, Gary Spillman, Phil Porto Jr., and Ms. Charlene Gordon. Absent: Ms. Naomi Fair, Mr. Kirk Allain. Also present were, Mr. Riley Berthelot Jr., Parish President, Mr. Phillip Bourgoyne, Director of Finance, Mr. Kevin Durbin, Public Works Director, and Ms. Michelle Tullier, Council Clerk. MINUTE APPROVAL A motion was made by Mr. Barry Hugghins, seconded by Mr. Phil Porto, to approve the minutes of the January 25, 2018 regular meeting. The vote was as follows: YEAS: 7 (Messrs. Kershaw, Porto, Loupe, Spillman, Hugghins, Robertson, Ms. Gordon) As a result of the votes the motion passed. CONSIDER ANY AMENDMENTS TO THE AGENDA Chairman Spillman explained there was an item that has been requested to amend onto tonight s agenda titled: A Resolution Authorizing The Parish President Of West Baton Rouge To Execute Those Documents Required In Connection With Commitment Of Supplemental Funding For The CDBG Disaster Recovery Grant Application For The West Baton Rouge Parish Lobdell Sewer Project Certifying That Supplemental Funds Are Available. There were no comments or questions on this item. A motion was made by Mr. Chris Kershaw, seconded by Mr. Barry Hugghins to amend the agenda and include the aforementioned item. The vote was as follows: YEAS: 7 (Messrs. Kershaw, Porto, Loupe, Spillman, Hugghins, Robertson, Ms. Gordon) As a result of the votes the motion passed and the agenda therefore amended. PARISH PRESIDENT S REPORT President Berthelot was recognized and covered the following items in his report to the Council: Washington Mardi Gras Trip meetings and festivities; Congratulated Mr. Kevin Durbin on receiving Volunteer of the Year award from the West Baton Rouge Chamber of Commerce;
Update on the Justice of the Peace situation, assigning Jim Guidry of Ward 2 to take over the duties of Ward 5 until the next election; Letter received from Mr. Guy Cormier, Parish President of St. Martin Parish, noting his resignation in March in order to go and work for the Police Jury Association of Louisiana; Introduced Mr. Deano Moran, Director of the Office of Emergency Preparedness. Mr. Moran explained the recent request from the Governors Office of Homeland Security, GOHSEP, requesting the Parish to come up with a plan to handle an emergency with no National Guard support. Mr. Moran noted there would be some things that we will have to cut back on, but we should not have a problem with the essential needs in times of emergency. In closing Mr. Moran emphasized there was no specific threats at this time, this is just to prepare in case of emergencies. Fire Chief Kenny Hunts was recognized and updated the Council on the recent fires in the Parish and stressed the participation in the Smoke Detector program, encouraging everyone to call the fire station if they are in need of smoke detectors, noting they are installed free of charge and help save lives every day. PUBLIC COMMENTS There were no comments from the public at this time. COMMUNICATIONS WITH COUNCIL MEMBERS AND/OR ELECTED OR APPOINTED OFFICIALS There was no communications at this time. PUBLIC HEARING ON PREVIOUSLY INTRODUCED ORDINANCES An Ordinance Amending Chapter 104 Zoning to Incorporate Amended Zoning Designation Map (Zoning Plan) under Section 104-3 Establishment of Districts, official zoning map for rezoning request of Brent Blanchard, File #2018-01, 3464 Kahns Rd., Port Allen, LA 70767, Proposed Lot 1-A, 42,356 square ft. lot, being a portion of Lot 1, Section 114 & 115, T7S, R12E, containing 7.393 acres, West Baton Rouge Parish, rezoning from AG (Agricultural) to R-SF-3 (Residential Single Family). The Chairman opened a public hearing for the purpose of receiving comment regarding, item #9A) An Ordinance Amending Chapter 104 Zoning to Incorporate Amended Zoning Designation Map (Zoning Plan) under Section 104-3 Establishment of Districts, official zoning map for rezoning request of Brent Blanchard, File #2018-01, 3464 Kahns Rd., Port Allen, LA 70767, Proposed Lot 1-A, 42,356 square ft. lot, being a portion of Lot 1, Section 114 & 115, T7S, R12E, containing 7.393 acres, West Baton Rouge Parish, rezoning from AG (Agricultural) to R-SF-3 (Residential Single Family). Mr. Kevin Durbin, was recognized noting the Planning & Zoning Commission approved this rezoning at their last meeting. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point closed the public hearing. Councilman Porto was recognized and briefly explained the need for this rezoning in his district. There were no questions on this request at this time. A motion was made by Mr. Phil Porto, seconded by Ms. Charlene Gordon to approve the rezoning request of Brent Blanchard, File #2018-01, 3464 Kahns Rd., Port Allen, LA 70767, Proposed Lot 1-A, 42,356 square ft. lot, being a portion of Lot 1, Section 114 & 115, T7S, R12E, containing 7.393 acres, West Baton Rouge Parish, rezoning from AG (Agricultural) to R-SF-3 (Residential Single Family). The vote was as follows: YEAS: 7 (Messrs. Kershaw, Porto, Loupe, Spillman, Hugghins, Robertson, Ms. Gordon) As a result of the votes the motion passed. Ordinance 5 of 2018 appears at the end of these minutes.
PUBLIC HEARING ON PREVIOUSLY INTRODUCED ORDINANCES An Ordinance To Create A New Section 30-30 ( Dixie Electric Membership Corporation ) And A New Section 30-31 ( Pointe Coupee Electric Membership Corporation ), Of A Newly Created Article III ( Electrical ) Of The Existing Chapter 30 ( Franchises ), Part II ( Code Of Ordinances ) Of The West Baton Rouge Parish Code Of Ordinances To Grant A Franchise To Operate An Electrical Transmission And Distribution System To Dixie Electric Membership Corporation ( DEMCO ) And Pointe Coupee Electric Membership Corporation ( PCEMC ) Within West Baton Rouge Parish Unincorporated Areas. The Chairman opened a public hearing for the purpose of receiving comment regarding, item #9B) An Ordinance To Create A New Section 30-30 ( Dixie Electric Membership Corporation ) And A New Section 30-31 ( Pointe Coupee Electric Membership Corporation ), Of A Newly Created Article III ( Electrical ) Of The Existing Chapter 30 ( Franchises ), Part II ( Code Of Ordinances ) Of The West Baton Rouge Parish Code Of Ordinances To Grant A Franchise To Operate An Electrical Transmission And Distribution System To Dixie Electric Membership Corporation ( DEMCO ) And Pointe Coupee Electric Membership Corporation ( PCEMC ) Within West Baton Rouge Parish Unincorporated Areas. Mr. Kevin Durbin was again recognized and briefly explained the reasons for this proposed ordinance. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point closed the public hearing. Councilman Chris Kershaw asked that the expiration of this franchise agreement be amended to expire at the same time as our current franchise agreement, which would be April 8, 2024. A motion was made by Mr. Barry Hugghins, seconded by Mr. Phil Porto, to approve the Ordinance to Create A New Section 30-30 ( Dixie Electric Membership Corporation ) And A New Section 30-31 ( Pointe Coupee Electric Membership Corporation ), Of A Newly Created Article III ( Electrical ) Of The Existing Chapter 30 ( Franchises ), Part II ( Code Of Ordinances ) Of The West Baton Rouge Parish Code Of Ordinances To Grant A Franchise To Operate An Electrical Transmission And Distribution System To Dixie Electric Membership Corporation ( DEMCO ) And Pointe Coupee Electric Membership Corporation ( PCEMC ) Within West Baton Rouge Parish Unincorporated Areas, with the amendment as aforementioned. The vote was as follows: YEAS: 7 (Messrs. Kershaw, Porto, Loupe, Spillman, Hugghins, Robertson, Ms. Gordon) As a result of the votes the motion passed. Ordinance 6 of 2018 appears at the end of these minutes. PUBLIC HEARING ON PREVIOUSLY INTRODUCED ORDINANCES An Ordinance To Create New Sections 30-40 ( In General ) And 30-41 ( Acadian Ambulance ), Of A Newly Created Article IV ( Ground Ambulance Services ) Of The Existing Chapter 30 ( Franchises ), Part II ( Code Of Ordinances ) Of The West Baton Rouge Parish Code Of Ordinances To Provide For Exclusive And Non-Exclusive Emergency Response Agreements Within West Baton Rouge Parish Unincorporated Areas. The Chairman opened a public hearing for the purpose of receiving comment regarding, An Ordinance To Create New Sections 30-40 ( In General ) And 30-41 ( Acadian Ambulance ), Of A Newly Created Article IV ( Ground Ambulance Services ) Of The Existing Chapter 30 ( Franchises ), Part II ( Code Of Ordinances ) Of The West Baton Rouge Parish Code Of Ordinances To Provide For Exclusive And Non-Exclusive Emergency Response Agreements Within West Baton Rouge Parish Unincorporated Areas. Mr. Kevin Durbin was again recognized and briefly explained the need for this proposed ordinance and also noted that there is really no need for the proposed section 30-41 currently included in the draft of this ordinance, as this information will be updated from time to time by resolution of the Parish Council making this section dead language. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point closed the public hearing.
A motion was made by Mr. Chris Kershaw, seconded by Mr. Ricky Loupe to approve, the aforementioned Ordinance To Create New Sections 30-40 ( In General ) And 30-41 ( Acadian Ambulance ), Of A Newly Created Article IV ( Ground Ambulance Services ) Of The Existing Chapter 30 ( Franchises ), Part II ( Code Of Ordinances ) Of The West Baton Rouge Parish Code Of Ordinances To Provide For Exclusive And Non-Exclusive Emergency Response Agreements Within West Baton Rouge Parish Unincorporated Areas including the proposed amendment as aforementioned. The vote was as follows: YEAS: 7 (Messrs. Kershaw, Porto, Loupe, Spillman, Hugghins, Robertson, Ms. Gordon) As a result of the votes the motion passed. Ordinance 7 of 2018 appears at the end of these minutes. PUBLIC HEARING ON PREVIOUSLY INTRODUCED ORDINANCES Ordinance Adopting the 2017 Year End Adjustments to an Operating Budget of Revenues and Expenditures for the Fiscal Year Beginning January 1, 2017 and ending December 31, 2017. The Chairman opened a public hearing for the purpose of receiving comment regarding, an Ordinance Adopting the 2017 Year End Adjustments to an Operating Budget of Revenues and Expenditures for the Fiscal Year Beginning January 1, 2017 and ending December 31, 2017. Mr. Phillip Bourgoyne was recognized and briefly explained the need for this proposed ordinance, noting the proposed adjustments were distributed to the Council at the last meeting. There were no questions at this time for Mr. Bourgoyne. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point closed the public hearing. A motion was made by Mr. Ricky Loupe, seconded by Mr. Barry Hugghins, to approve the aforementioned Ordinance Adopting the 2017 Year End Adjustments to an Operating Budget of Revenues and Expenditures for the Fiscal Year Beginning January 1, 2017 and ending December 31, 2017. The vote was as follows: YEAS: 7 (Messrs. Kershaw, Porto, Loupe, Spillman, Hugghins, Robertson, Ms. Gordon) As a result of the votes the motion passed. Ordinance 8 of 2018 appears at the end of these minutes. CONSIDER STATUS REPORT, CHANGE ORDERS AND/OR OTHER MATTERS AS REQUIRED ON CURRENT PROJECTS President Berthelot updated the Council on the status of the lift station for Lobdell Sewer, as well as the status of the Sid Richardson Extension project. RESOLUTIONS A Resolution Authorizing The Parish President To Sign A Cooperative Endeavor Agreement Between The West Baton Rouge Parish Council And Workbox, LLC Relating To Sewer Disposal. (postponed from January 25, 2018 meeting) Ms. Pam Keowen, Director of Utilities, was recognized and explained the need for this cooperative endeavor agreement and asked that the Council approve authorizing the Parish President to sign said agreement. There were a few questions from the Council on the charges and terms of the agreement as well as the status of our current Westport and Lukeville systems being able to handle this material. Ms. Keowen explained we do not think we will have any problems with capacity and we think this will finally help sewer stand on its own. Chairman Spillman noted a grammatical change deleting the word term in paragraph number eight. Councilman Kershaw asked that the Customer Price Index, CPI be specified, due to the fact there are
numerous price indexes available. After a few more questions regarding the CPI, and how the charges would be calculated, Mr. Barry Hugghins explained the reasons he thinks this will be a good agreement for the parish, as well as for Workbox and noting he would like to see more of these. A motion was made by Mr. Ricky Loupe, seconded by Mr. Barry Hugghins, to approve the Resolution Authorizing the Parish President to Sign a Cooperative Endeavor Agreement between the West Baton Rouge Parish Council and Workbox, LLC Relating to Sewer Disposal with the changes aforementioned. The vote was as follows: YEAS: 7 (Messrs. Kershaw, Porto, Loupe, Spillman, Hugghins, Robertson, Ms. Gordon) As a result of the votes the motion passed. Resolution 3 of 2018 appears at the end of these minutes. A Resolution Authorizing The Parish President Of West Baton Rouge To Execute Those Documents Required In Connection With Commitment Of Supplemental Funding For The CDBG Disaster Recovery Grant Application For The West Baton Rouge Parish Lobdell Sewer Project Certifing That Supplemental Funds Are Available. Mr. Phillip Bourgoyne was again recognized and explained this resolution was needed due to the original estimate of the project being a little low, this resolution is a requirement to increase the figure by $25,000 dollars, however he noted the total cost of the project will still come under in under budget. Councilman Phil Porto concurred the above and briefly explained the need for this resolution. A motion was made by Mr. Phil Porto, seconded by Chris Kershaw, to approve the above Resolution Authorizing The Parish President Of West Baton Rouge To Execute Those Documents Required In Connection With Commitment Of Supplemental Funding For The CDBG Disaster Recovery Grant Application For The West Baton Rouge Parish Lobdell Sewer Project Certifing That Supplemental Funds Are Available. The vote was as follows: YEAS: 7 (Messrs. Kershaw, Porto, Loupe, Spillman, Hugghins, Robertson, Ms. Gordon) As a result of the votes the motion passed. Resolution 4 of 2018 appears at the end of these minutes. INTRODUCTION OF ORDINANCES Ms. Tullier read by title the below proposed ordinance(s) being introduced and publicized by title, and considered for adoption following public hearings at the meeting of February 22, 2018 at 6:30PM in the Council Chambers, 880 North Alexander Avenue, Port Allen, La.: An Ordinance To Create A New Section 66-1 ( Trailway Rules ) Of A Newly Created Article I ( West Baton Rouge Parish Heritage Trailway System ) Of The Existing Chapter 66 ( Recreation ), Part II ( Code Of Ordinances ) Of The West Baton Rouge Parish Code Of Ordinances To Provide For Enforceable Rules Of Usage Of The West Baton Rouge Parish Heritage Trailway. CONSIDER PLANNING & ZONING COMMISSION MEETING MINUTES, SUBDIVISION PLATS, CONDEMNATIONS AND/OR VARIANCES AND MATTERS RELATED THERETO There were no items to consider. CORRESPONDENCE REPORT Chairman Spillman brought attention to the correspondence letter from the Keep West Baton Rouge Beautiful Board, regarding the members who would no longer be on the board due to various reasons. The Chairman explained the Board would come back at a later date with new members to be considered to serve on said Board.
Ms. Tullier announced the next Planning & Zoning Commission meeting is scheduled for February 20, 2018 at 5:30pm, and the next Council Meeting is scheduled for February 22, 2018 at 6:30pm. ADJOURN There being no further business, a motion to adjourn was made by Ms. Charlene Gordon and adopted by acclamation at 7:16pm. ORDINANCE 5 OF 2018 As Adopted by the West Baton Rouge Parish Council At the Regular Meeting of February 8, 2018 An Ordinance Amending Chapter 104 Zoning to Incorporate Amended Zoning Designation Map (Zoning Plan) under Section 104-3 Establishment of Districts, Official Zoning Map. NOW THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council in legal session that Chapter 104 Zoning, Sec. 104-3 Establishment of Districts, Official Zoning Map of the Compiled Ordinances of the Parish of West Baton Rouge, Louisiana is amended and re-enacted to read as follows: Sec.104-3. Establishment of districts, official zoning map for rezoning request of Brent Blanchard, File #2018-01, 3464 Kahns Rd., Port Allen, LA 70767, Proposed Lot 1-A, 42,356 square ft. lot, being a portion of Lot 1, Section 114 & 115, T7S, R12E, containing 7.393 acres, West Baton Rouge Parish, rezoning from AG (Agricultural) to R-SF-3 (Residential Single Family). THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council that this ordinance shall become effective pursuant to Section 2-12 (C) of the Home Rule Charter. THEREFORE BE IT FURTHER RESOLVED 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 RESOLVED 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 HAS BEEN INTRODUCED AND CONSIDERED, AND UPON MOTION BY COUNCIL MEMBER PHIL PORTO, WHICH WAS SECONDED BY COUNCIL MEMBER CHARLENE GORDON, AND A VOTE BEING TAKEN, THE FOLLOWING RESULT WAS HAD: YEAS: 7 (Ms. Gordon, Messrs. Porto, Spillman, Kershaw, Hugghins, Robertson, Loupe) ABSTAIN: 0 (None)
WHEREUPON the ordinance was declared adopted on the 8 th day of February, 2018. ATTEST: CERTIFICATE I, Michelle Tullier, 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 February, 2018. I further certify that the above and foregoing ordinance was submitted to the Parish President at 9:00 o clock AM on the 14th day of February, 2018. IN FAITH WHEREOF witness my official signature and the official seal of the West Baton Rouge Parish Council, Louisiana on the 14 th day of February, 2018. 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 14 th day of February, 2018. 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 14th day of February, 2018. ORDINANCE 6 OF 2018 As Adopted by the West Baton Rouge Parish Council At The Regular Meeting of February 8 th, 2018 An ordinance to create a new Section 30-30 ( Dixie Electric Membership Corporation ) and a new Section 30-31 ( Pointe Coupee Electric Membership Corporation ), of a newly created Article III ( Electrical ) of the existing Chapter 30 ( Franchises ), Part II ( Code of Ordinances ) of the West Baton Rouge Parish Code of Ordinances to grant a
franchise to operate an electrical transmission and distribution system to Dixie Electric Membership Corporation ( DEMCO ) and Pointe Coupee Electric Membership Corporation ( PCEMC ) within West Baton Rouge Parish unincorporated areas. WHEREAS the authority for Parish legislative bodies to grant franchises for utility companies to operate within their rights-of-way and other public places is an express power granted by the State legislature (cf. LSA-R.S. 33:4361) AND WHEREAS DEMCO and PCEMC have both approached West Baton Rouge Parish Government with a request to receive a franchise for that purpose AND WHEREAS West Baton Rouge Parish finds no legitimate public purpose to deny such request AND WHEREAS West Baton Rouge Parish seeks to provide more competitive electrical service to homes and businesses located in its jurisdiction THEREFORE BE IT ORDAINED BY THIS COUNCIL that a new Section 30-30 ( Dixie Electric Membership Corporation ) and a new Section 30-31 ( Pointe Coupee Electric Membership Corporation ), of a new Article III ( Electrical ) of the existing Chapter 30 ( Franchises ) of the West Baton Rouge Parish Code of Ordinances be created 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.): Secs. 30-20 30-29. Reserved. PART II CODE OF ORDINANCES CHAPTER 30 FRANCHISES * * * ARTICLE II. Cable Television * * * * * * ARTICLE III. ELECTRICAL * * * Sec. 30-30. Dixie Electrical Membership Corporation. (a) Franchise granted. The Parish of West Baton Rouge, Louisiana, hereinafter called the parish, grants and there is hereby granted to Dixie Electric Membership Corporation ( DEMCO ), its successors and assigns, hereinafter called company, in addition to the rights and privileges presently in effect and enjoyed by the company, a non-exclusive franchise, right, and privilege, from date of the adoption hereof, to supply electric power and energy throughout the Parish, and to the inhabitants thereof, or to any person, firm, or corporation, in such manner and from such sources as the said company deems best, and the right to acquire, construct, operate, and maintain such plants, structures, transmission lines, distribution systems, and equipment as may be useful or necessary for the generation, production, transportation, distribution, and/or sale of electric power and energy throughout the parish, and the right to erect, operate, and maintain poles, masts, supports, wires, cables, transmission lines, conduits, conductors, substations, distribution systems, and any and all other appliances useful or necessary for the transportation and/or distribution and/or sale of electric power and energy on, over, under, along, upon, and across all of the present and/or future streets, roads, highways, alleys, and public places of the parish, not within the limits of any incorporated city, town or village, and the right to repair, replace, or remove same, or any portion thereof, and the right to connect any such transmission
line or distribution system to any other transmission line or distribution system for the purpose of transporting electric power and energy into, through, or beyond the boundaries of the parish. (b) Conditions. This franchise is granted upon and subject to the following provisions: 1. This franchise, so far as it applies to the use of any state highway for the purposes herein specified, shall be without effect without the written consent and approval of the Louisiana Department of Transportation and Development ( the Department ), and no work shall be undertaken by the company on any state highway without the written consent of the Department in accordance with the provisions of LSA-R.S. 33:4362. 2. The company shall submit to the parish, on request, copies of any and all electric distribution service related written information or reports required to be filed with the Louisiana Public Service Commission ( the Commission ), with the exception of responses to questions from interveners or the Commission related to rate hearings. This includes, but is not limited to: customer satisfaction survey results, system reliability data, systemwide usage and rate statistics, site specific usage and rate statistics, outage and hazard response data, company call center targets and statistics, connection and disconnection statistics, meter reading frequency and accuracy statistics, consumer complaints related to the services provided by the company, and employee safety statistics. 3. The company agrees to provide and maintain street lights in accordance with street lighting standards found elsewhere in West Baton Rouge ordinances as well as on request by the Parish at a rate to be agreed upon by the Parish and the company prior to installation. In new subdivisions, streetlights shall be installed per parish law and shall be paid initially by the developer and thereafter by the property owners along the street. The company and the parish agree to meet annually to discuss and exchange information relating to street light facilities owned by various parties. Within three (3) months of any request by the parish, the company shall provide to the parish an inventory of all street lighting facilities within the parish. The company agrees to perform street light patrols on a monthly basis from September 15 th to May 15 th of every year to inspect and verify quantities, wattage, rates and ownerships of street lights within the parish. Changes discovered during such patrols shall be noted and street light records shall be updated. The company shall replace or repair a failed light identified in its patrol or reported by customers within two (2) weeks. If the reported light is not replaced or repaired within two (2) weeks, the company will provide a two (2) month credit to the parish or to the other rate-payers (e.g. developers, property owners). Such two (2) month credit shall continue to apply for each subsequent two (2) week period during which the same failed light(s) have not been replaced or repaired. 4. In maintaining its properties, the company shall not unnecessarily or unreasonably impair or obstruct the streets, roads, highways, alleys, sidewalks, and public grounds, and the company shall, at its own expense, without unreasonable delay, make all necessary repairs to remedy any damage or remove any obstruction caused by its operations hereunder. 5. The company shall, at its own expense, relocate to, on, above or below parish property such part of the distribution system that is located on parish property as may be required by the parish due to planned parish construction. 6. The company shall use reasonable precautions to avoid damage or injury to persons or property, and shall hold and save harmless the parish from all damages, losses, or expense caused by the negligence of the company, its agents or employees, while exercising any of the rights herein granted. 7. Use of this franchise in whole or in part - by parties other than DEMCO must be approved by the Parish Council and the Parish President by ordinance and codified herein. (c) Effective date. This section, the public health and welfare and the public necessity requiring it, shall take effect from and after its adoption. Notwithstanding the foregoing, the company shall
file with the parish the company s written acceptance of this section not less than thirty (30) days from the date of its adoption. (d) This franchise shall terminate on April 8 th, 2024, and upon exercise by the company of any of the privileges granted by this franchise, it shall be irrevocable. (e) Nothing in this franchise shall be construed as superseding, repealing, canceling, modifying, or in any way affecting any of the rights enjoyed by other utility companies pursuant to other franchises heretofore granted by the parish. Sec. 30-31. Pointe Coupee Electric Membership Corporation West Baton Rouge Parish hereby grants a franchise to Pointe Coupee Electric Membership Corporation with the same privileges, rights, terms and conditions described in Section 30-30 for Dixie Electrical Membership Corporation. Sec. 30-32 30-39. Reserved. * * * THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council that this ordinance shall become effective pursuant to Section 2-12 (C) of the Home Rule Charter. THEREFORE BE IT FURTHER RESOLVED 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 RESOLVED 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 AFTER PUBLIC HEARING WAS CONSIDERED, AND UPON MOTION BY COUNCIL MEMBER BARRY HUGGHINS, WHICH WAS SECONDED BY COUNCIL MEMBER PHIL PORTO, AND A VOTE BEING TAKEN, THE FOLLOWING RESULT WAS HAD: YEAS: 7 (Messrs. Hugghins, Porto, Spillman, Kershaw, Robertson, Loupe, Ms. Gordon) ABSTAIN: 0 (None) WHEREUPON the ordinance was declared adopted on the 8 th day of February, 2018. ATTEST: CERTIFICATE I, Michelle Tullier, 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 February, 2018. I further certify that the above and foregoing ordinance was submitted to the Parish President at 9:00 o clock AM on the 14th day of February, 2018.
IN FAITH WHEREOF witness my official signature and the official seal of the West Baton Rouge Parish Council, Louisiana on the 14 th day of February, 2018. 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 14 th day of February, 2018. 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 14th day of February, 2018. ORDINANCE 7 OF 2018 As Adopted by the West Baton Rouge Parish Council At The Regular Meeting of February 8 th, 2018 An ordinance to create new Sections 30-40 ( In General ) and 30-41 ( Acadian Ambulance ), of a newly created Article IV ( Ground Ambulance Services ) of the existing Chapter 30 ( Franchises ), Part II ( Code of Ordinances ) of the West Baton Rouge Parish Code of Ordinances to provide for exclusive and non-exclusive emergency response agreements within West Baton Rouge Parish unincorporated areas. WHEREAS the nature of emergency response provision sometimes necessitates exclusive and nonexclusive agreements with third-party providers AND WHEREAS it has been determined that it is in the interest of public health, safety and welfare to ensure adequate ground ambulance services throughout West Baton Rouge Parish THEREFORE BE IT ORDAINED BY THIS COUNCIL that new Sections 30-40 ( In General ) and 30-41 ( Acadian Ambulance ), of a new Article IV ( Ground Ambulance Services ) of the existing Chapter 30 ( Franchises ) of the West Baton Rouge Parish Code of Ordinances be created 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.): PART II CODE OF ORDINANCES CHAPTER 30 FRANCHISES
* * * ARTICLE IV. Ground Ambulance Services Sec. 30-40. In General. From time to time, the Parish Council may by resolution authorize the Parish President to execute an exclusive or non-exclusive agreement with third party providers of ground ambulance services. Secs. 30-41 - 30-49. Reserved. * * * THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council that this ordinance shall become effective pursuant to Section 2-12 (C) of the Home Rule Charter. THEREFORE BE IT FURTHER RESOLVED 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 RESOLVED 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 AFTER PUBLIC HEARING WAS CONSIDERED, AND UPON MOTION BY COUNCIL MEMBER CHRIS KERSHAW, WHICH WAS SECONDED BY COUNCIL MEMBER RICKY LOUPE, AND A VOTE BEING TAKEN, THE FOLLOWING RESULT WAS HAD: YEAS: 7 (Ms. Gordon, Messrs. Kershaw, Loupe, Spillman, Porto, Robertson, Hugghins) ABSTAIN: 0 (None) WHEREUPON the ordinance was declared adopted on the 8 th day of February, 2018. ATTEST: CERTIFICATE I, Michelle Tullier, 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 February, 2018. I further certify that the above and foregoing ordinance was submitted to the Parish President at 9:00 o clock AM on the 14th day of February, 2018. IN FAITH WHEREOF witness my official signature and the official seal of the West Baton Rouge Parish Council, Louisiana on the 14 th day of February, 2018.
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 14 th day of February, 2018. 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 14th day of February, 2018. ORDINANCE 8 OF 2018 As Adopted by the West Baton Rouge Parish Council At the Regular Meeting of February 8, 2018 An Ordinance Adopting the 2017 Year End Budget Adjustments to an Operating Budget of Revenues and Expenditures for the Fiscal Year Beginning January 1, 2017 and ending December 31, 2017 BE IT ORDAINED by the Council of the Parish of West Baton Rouge, Louisiana, in Regular Session convened that: SECTION 1: The attached detailed 2017 year-end adjustments to estimate of revenues by department for the fiscal year beginning January 1, 2017 and ending December 31, 2017 be and the same is hereby adopted as an operating budget of revenues for the Parish during said period. SECTION 2: The attached detailed 2017 year-end adjustments to estimate of expenditures by department for the fiscal year beginning January 1, 2017 and ending December 31, 2017 be and the same is hereby adopted to serve as budget of expenditures for the Parish during said period SECTION 3: The adoption of these 2017 year-end adjustments 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 classification. SECTION 4: Amounts are available for expenditures only to the extent included within the 2017 budget. NOW THEREFORE BE IT FURTHER ORDAINED by the Parish Council of the Parish of West Baton Rouge, Louisiana, that this ordinance shall become effective 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 affect other provisions, items or application 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 AFTER PUBLIC HEARING WAS CONSIDERED, AND UPON MOTION BY COUNCIL MEMBER RICKY LOUPE, WHICH WAS SECONDED BY COUNCIL MEMBER BARRY HUGGHINS, AND A VOTE BEING TAKEN, THE FOLLOWING RESULT WAS HAD: YEAS: 7 (Ms. Gordon, Messrs. Loupe, Hugghins, Porto, Spillman, Kershaw, Robertson) ABSTAIN: 0 (None) WHEREUPON the ordinance was declared adopted on the 8 th day of February, 2018. CERTIFICATE I, Michelle Tullier, 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 February, 2018. I further certify that the above and foregoing ordinance was submitted to the Parish President at 9:00 o clock AM on the 14th day of February, 2018. IN FAITH WHEREOF witness my official signature and the official seal of the West Baton Rouge Parish Council, Louisiana on the 14 th day of February, 2018. 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 14 th day of February, 2018. 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 14th day of February, 2018.
RESOLUTION 3 OF 2018 A Resolution authorizing the Parish President to sign a Cooperative Endeavor Agreement between the West Baton Rouge Parish Council and Workbox, LLC. Relating to Sewer Disposal WHEREAS, the West Baton Rouge Parish Council desires to enter into a cooperative endeavor agreement with Workbox, LLC., relating to sewer disposal. WHEREAS, the West Baton Rouge Parish Council authorizes the Parish President to enter into a cooperative endeavor agreement with Workbox, LLC., per the agreement attached, and identified as Exhibit A. NOW THEREFORE BE IT RESOLVED, the West Baton Rouge Parish Council does hereby authorize Parish President, Riley L. Berthelot, Jr. to sign and execute the attached Cooperative Endeavor Agreement as aforementioned with Workbox, LLC. The foregoing resolution was considered, and, after public discussion, a motion to approve was made by Council Member Ricky Loupe, which was seconded by Council Member Barry Hugghins. The resolution having been submitted to a vote, the vote thereon was as follows: YEAS: 7 (Ms. Gordon, Messrs. Loupe, Hugghins, Porto, Spillman, Robertson, Kershaw) ABSTAIN: 0 (None) AND the resolution was declared adopted on this February 8, 2018. CERTIFICATE I, Michelle Tullier, 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 February 8, 2018 at which meeting a majority of the members were present and voting. RESOLUTION 4 OF 2018 On a motion by Phil Porto, seconded by Chris Kershaw, the following resolution was adopted: A RESOLUTION AUTHORIZING THE PARISH PRESIDENT OF WEST BATON ROUGE TO EXECUTE THOSE DOCUMENTS REQUIRED IN CONNECTION WITH COMMITMENT OF SUPPLEMENTAL FUNDING FOR THE CDBG DISASTER RECOVERY GRANT APPLICATION FOR THE WEST BATON ROUGE PARISH LOBDELL SEWER PROJECT CERTIFYING THAT SUPPLEMENTAL FUNDS ARE AVAILABLE.
WHEREAS, the Parish of West Baton Rouge is making application for a Community Development Block Grant (CDBG)Disaster Recovery Grant from the Louisiana Office of Community Development; and WHEREAS, in order to apply for such a grant, the Parish of West Baton Rouge must submit a CDBG application package in compliance with HUD Program Regulations; and WHEREAS, the Parish of West Baton Rouge has the following remaining in project cost for the Lobdell Sewer Project: $3,155,861.37 in funding by CDBG Disaster Recovery Lobdell Sewer funding and the Estimated Project Cost is $4,775,861.37. NOW, THEREFORE, BE IT RESOLVED BY THE PARISH OF WEST BATON ROUGE: SECTION 1: That the Parish President of West Baton Rouge Parish is authorized to commit supplemental funding in the amount not to exceed $1,620,000 by combining with $3,155,861.37 in CDBG Disaster Recovery Lobdell Sewer construction funding to complete the project as designed and approved by the West Baton Rouge Parish Government and the Office of Community Development. SECTION 2: That the Parish President being the chief elected official of the West Baton Rouge Parish Government, is hereby authorized to be the authorized representative for the project and as such is authorized to commit funding and authorize all associated documentation for a CDBG Disaster Recovery Grant on behalf of the West Baton Rouge Parish Government with full authority to execute all documents pertaining to the project. SECTION 3: That Mr. Riley L. Berthelot, Jr., Parish President, is hereby authorized to certify that supplemental funding is available and committed to the Lobdell Sewer Project. This resolution was submitted to a vote and the vote was thereon as follows: YEAS: 7 (Ms. Gordon, Messrs. Porto, Spillman, Kershaw, Loupe, Robertson, Hugghins) ABSTAIN: 2 (Ms. Fair, Mr. Allain) ABSENT: 0 (None) As a result of the votes the resolution was unanimously adopted by those members present. This resolution was hereby adopted on this 8 th day of February, 2018. CERTIFICATE I, Michelle Tullier, 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 February 8, 2018 at which meeting a majority of the members were present and voting.