Town Meeting Minutes – Monday, July 9, 2007

July 9, 2007

Town of Brusly
Brusly, Louisiana

The regular meeting of the Town of Brusly was held this date, July 9, 2007, at the Brusly Town Hall. Mayor Joey Normand called the meeting to order at 6:30 p.m. Council Member Rodrigue led the Pledge of Allegiance. A roll call determined the following officials present:
Mayor: Joey Normand
Council Members: David Rodrigue, Ronda Perrault,
Joanne Bourgeois, Shane Andre’, Chris Kershaw
Town Attorney: Thomas Acosta, Jr.

A motion to approve the minutes of the Town’s Regular Meeting of June 11, 2007 was made by Council Member Bourgeois and seconded by Council Member Andre’; the motion passed with a unanimous vote.

A motion to approve the minutes of the Town’s Special Meeting of June 4, 2007 was made by Council Member Perrault and seconded by Council Member Andre’; the motion passed with a unanimous vote.

Public Works: Council Member Perrault made motion to authorize the Mayor to contract with DOTD to maintain the grass along the median of LA 1 within the Town limits. The motion was seconded by Council Member Kershaw and passed with a unanimous vote.
A motion to reappoint Ms. Addie Crochet to the Water Board was made by Council Member Bourgeois; seconded by Council Member Andre’ and passed with a unanimous vote.
Mr. Jules Thibodaux was reappointed to the Planning and Zoning Commission for another seven year term on a motion by Council Member Perrault. The motion was seconded by Council Member Rodrigue and passed with a unanimous vote.

Planning and Zoning: Mayor Normand read aloud the letters from residents requesting variances to construct fences on the Town’s servitude in their said neighborhoods; records of these variances, along with stipulations from the Town, will be recorded on property owners’ mortgages/and or deeds:
A motion to approve the Zoning Commission’s recommendation to grant Mr. Terry Falcon, of Orleans Quarters Drive, a variance to construct a fence on the Town’s servitude was made by Council Member Bourgeois; seconded by Council Member Andre’ and passed with a unanimous vote.
A motion to approve the Zoning Commission’s recommendation to grant Mr. Richard Carerra, of Orleans Quarters Drive, a variance to construct a fence on the Town’s servitude was made by Council Member Perrault; seconded by Council Member Rodrigue and passed with a unanimous vote.
A motion to approve the Zoning Commission’s recommendation to grant Jason Creighton, of The Gates at the Oaks Subdivision, a variance to construct a fence on the Town’s servitude was made by Council Member Kershaw; seconded by Council Member Andre’ and passed with a unanimous vote.
A motion to approve the Zoning Commission’s recommendation to grant Mr. Randall Loup, of The Gates at the Oaks Subdivision, a variance to construct a fence on the Town’s servitude was made by Council Member Andre’; seconded by Council Member Perrault and passed with a unanimous vote.
Mr. Creighton and Mr. Loup agreed to be responsible for the maintenance including grass and fixing any cave-ins or washouts along the bank in the area of the detention pond.

A motion to approve the recommendation of the Zoning Commission to resubdivide Tract X-4-A, Additions Plantations into Tract X-4-A-1 and X-4-A-2 located in Sections 15 & 15, T8S, R12E, SLD, WBR Parish for River Mill Reserve was made by Council Member Bourgeois. The motion was seconded by Council Member Perrault and passed with a unanimous vote.

Finance Committee: None

Personal Committee: None

Recreation Committee: Council Member Bourgeois announced that the state review panel has approved the nomination of the Brusly Gym to the National Register of Historic Places. The local committee will receive a notice from the National Park Service in about two months .
Council Member Andre’ gave an update on the success of Brusly softball and baseball teams, some of which are on their way to the finals.

Police Committee: None

Grant Committee: None
Consideration of Vetoed Ordinances: None

Hearing and Final Action on Ordinances: Mayor Normand read aloud and opened a Public Hearing regarding Ordinance #8-Police Chief Salary Increase. A resident asked if the Chief’s salary had been compared to Police Chief’s in similar size Towns. Mrs. Rosa Stelly responded and said that she had called LMA (Louisiana Municipal Association) and the Chief’s salary was in range with other towns, maybe a little lower. There being no further comments from the audience, the hearing was closed and the matter was discussed by the Council. Mr. Darrel Jones had suggested at the July committee meeting that the Council consider some of the benefits the Chief receives before he is given a raise. Council Member Perrault put together a spreadsheet with the benefits the Chief and the Mayor receive for a period of six months. She found that the numbers were high for the Chief’s benefits and commented that this made her think twice about recommending or voting for an increase in salary.
Council Member Bourgeois stated that she feels that an increase in Chief’s salary is not warranted at this time.
Council Member Kershaw stated that the Chief of Police position now includes responsibilities not included when Chief was elected. He is now responsible for sending out notices of violations of the Nuisance Ordinance. Mr. Kershaw is in favor of a raise if the Chief’s job duties includes that he is responsible for grass and junk notices.
Council Member Rodrigue agreed with Council Member Kershaw to modify Chief’s job duties.
Council Member Andre’ disagreed that the Chief receives extra compensation. He stated that Chief receives the same benefits as all other Town employees.
Council Member Bourgeois expressed that she appreciates what the Chief does for the Town, but feels that his benefits are much higher in proportion to other employees, and outweigh the $36,000 salary and that a raise is not necessary at this time.
A motion was made by Council Member Andre’ to table Ordinance #8- Police Chief Salary Increase; seconded by Council Member Rodrigue. A roll call vote was had with the following:

Yeas: Rodrigue, Perrault, Bourgeois, Andre’, Kershaw
Nays: None
Absent: None
The motion passed with a unanimous vote.

The Mayor read aloud and opened the public hearing regarding Ordinance #9-Mayor Salary Increase. Hearing no comments from the audience, the hearing was closed and the matter was turned over to the Council for discussion. Council Member Kershaw asked the Mayor if he believed he should or should not get a raise; the Mayor’s reply was, “No. Never complained about the money never hinted I wanted more. Whatever my duties were or not…..I knew what I was getting. I again want to say that I appreciate the thought but I really would prefer not for the reasons I stated”.
Lacking a motion and a second, Ordinance #9-Mayor Salary Increase failed.

Introduction of Ordinances: Council Member Bourgeois introduced Ordinance #10-Creation of Landmark and Heritage Commission.
Council Member Andre’ introduced an Ordinance to amend Chapter 10-Police Protection.

Resolutions and Commendations: Mayor Normand read aloud his statement to recommend the services of Tony Clayton’s Law Firm :
“The scope of duties of the Town Attorney is to provide legal consultation to the Town. Most of the time that duty can be accomplished without an undue burden on the attorney. It has been my policy with both of the Town Attorneys hired during my elected tenure that in the event any case should exceed the ordinary and reasonable expenditure of time expected of a Town Attorney, then that case would be separated from the ordinary duties for which the Town Attorney is normally compensated, and either of the following would take place: (1) the Town Attorney would be compensated separately by the Town for the time spent on said case; or (2) the Town would hire other counsel for said case.
Over the past several months, it has become more and more evident that the litigation matters between the Town of Brusly and George “Skipper” Grady and/or his company Court Street Development, LLC have expanded far beyond the normal duties and workload expected of our Town Attorney. The recent public statements of Mr. Grady, his actions at recent Town meetings, his targeted requests for public documents, including specifically the general liability insurance policy information of the Town, together with the written and verbal threats from his attorney Stephen M. Irving to file additional legal proceedings against the Town, and the fact that several other aggrieved residents/past residents have hired Mr. Grady’s counsel Stephen M. Irving to represent them in their actions and/or threatened actions against the Town, all combine to make it quite clear that Mr. Grady intends to greatly escalate his legal attacks against the Town.
Therefore, I am recommending to the Town Council that we retain the legal services of the Tony Clayton Law Firm of Port Allen as Special Counsel for the Town pertaining to all litigation matters between the Town of Brusly and George “Skipper” Grady and/or his company Court Street Development, LLC, as well as for the actions and/or threatened actions against the Town by several other aggrieved residents/past residents who have hired Mr. Grady’s counsel Stephen M. Irving to represent them in their actions and/or threatened actions against the Town, including but not limited to: Alan D. Nichols and Gary Menier. This will include current pending litigation, threatened litigation and future litigation.
It is regrettable that I must recommend the use of precious taxpayer money for matters such as this. However, I would not recommend this direction unless I believed it was necessary and in the best interest of the Town and its law-abiding citizens. I ask your concurrence.”

The Mayor opened a public hearing for comments from the audience. Mrs. Lisa Scalise, 4713 Evergreen Drive, Port Allen stated that all litigations with Mr. Grady were initiated by the Town and she did not agree with spending taxpayers money on litigations which the Town initiated.
Mr. George Grady clarified which public records he had requested and his reasons for requesting said documents.
Former Town Attorney, Jamie Fontenot, spoke of the burden of handling all the litigations and legal matters with Mr. Grady during the time she had served as Town Attorney.
Mr. Michael Fruge introduced himself and spoke on behalf on the Tony Clayton Law Firm.
After a brief discussion among Council Members, a motion was made by Council Member Bourgeois to adopt the Resolution-to retain services of Tony Clayton Law Firm as Special Counsel. The motion was seconded by Council Member Perrault. A roll call vote was had with the following results:

Yeas: Rodrigue, Perrault, Bourgeois, Andre’, Kershaw
Nays: None
Absent: None
The motion passed with a unanimous vote.

Fire Department: Fire Chief Mike Alleman gave the Fire Chief’s Report for June. There were 14 first aid calls outside the Town and seven first aid calls inside the Town. There was one motor vehicle crash outside Town and two motor vehicle crashes inside Town; five mutual aid calls to Addis and six investigations. Total calls for the month were 35 and 211 total calls for the year.

Police Department: Report for the month of June was given by Chief Whaley. He stated that there were four wrecks, 16 assistance to other agencies, 15 traffic arrests, four alarms, three thefts, four damage to property, three disturbing the peace, five bench warrants, two domestic calls, one burglary, one battery, and 27 miscellaneous calls. There were 2 juvenile matters, for a total of 87 calls and 207 citations for the month.

Correspondence: He received a letter of appreciation from Ms. Donna Fricker, the National Register Coordinator, thanking the Town for their attendance at the State Review Committee meeting on June 21st regarding the nomination of the Brusly Gym to the National Register of Historic Places.
Debra Biggs with the Chamber of Commerce wrote a letter thanking the Town for continued membership in the Chamber.

Mayor’s Report: He, along with engineers of the Owen and White firm, are working on a drainage plan for the west end of Allene Street.
He attended several meetings this month: CRPC meeting in Port Allen, LMA District H meeting, Transportation Policy Committee meeting, and Baker Mayor Rideau’s Prayer Breakfast.

Remarks of Personal Privilege: Fire Chief Alleman thanked the Council for all their help. He also thanked the Council for reappointing Ms. Addie Crochet to the Water Board. He complimented his department for all their hard work.
Council Member Bourgeois commented that the efforts of the Fire Department contribute to lower home owners’ insurance rates. This is the result of the Fire Department filling out and returning reports in a timely manner thus helping the Fire District’s rating.
Council Member Rodrigue and Kershaw both thanked Council Member Bourgeois and Mrs. Marianne Berthelot for their efforts in the recognizing historic structures in Brusly.
Debbie Mack, a resident of the Town, thanked the Council for a wonderful job.
Mayor Normand publicly thanked Attorney Thomas Acosta Jr. for all that he has done, not only the for Town of Brusly, but also for his service to our country. Following the Mayor’s comments, all joined in a standing ovation for Mr. Acosta.

Announcements: Mayor’s Court has been changed to July 16, 2007.

A motion was made by Council Member Andre’ to adjourn; seconded by Council Member Kershaw. The motion passed with a unanimous vote; the meeting adjourned at 7:25 p.m.

___________________ _________________________
Joey Normand, Mayor Debbie Berthelot, Town Clerk