Town Meeting Minutes – Monday, June 4, 2007

June 4, 2007

Town of Brusly
Brusly, Louisiana

A special meeting of the Town of Brusly was held this date, June 4, 2007 at the Brusly Town Hall. Mayor Joey Normand called the meeting to order and requested that all electronic devices be turned off or silenced. Council Member Rodrigue led the Pledge of Allegiance. A roll call determined the following present:
Mayor: Joey Normand
Council Members: Ronda Perrault, David Rodrigue
Joanne Bourgeois, Shane Andre’,
Chris Kershaw
Town Attorney: Thomas Acosta

The appeal of Dr. Donald Delatin-Chapter 22-Article III Junk, Abandoned Motor Vehicles was called to order. Mayor Normand read aloud Dr. Delatin’s letter of appeal.
Dr. Donald Delatin of 3232 Live Oak Drive, who owns a 1989 Chevrolet Suburban, asked the Council to give him until August 4th, which is 60 days, to settle with his insurance company before moving the vehicle. If the settlement is not satisfied within the time granted, Dr. Delatin will personally have the vehicle removed. The Mayor made a recommendation to the Council to uphold the Chief’s determination declaring the 1989 Chevrolet Suburban junk and to give Dr. Delatin the 60 days as requested to settle with his insurance company. If the settlement is not resolved after the 60 days, the vehicle must be removed. Dr. Delatin will keep the Chief updated on his progress.
A motion was made by Council Member Kershaw to uphold the determination of Chief Whaley declaring the 1989 Suburban junk. The motion was seconded by Council Member Perrault. 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 appeal of Working Title LLC (Dane D’Armond) Chapter 22-Article II-Noxious Weeds, Growth and Matter. The appeal letter presented by Working Title LLC was read aloud by Mayor Normand.
Attorney Christina Peck called Mr. Cody Cedotal, Louisiana Department of Wildlife and Fisheries, as an expert to give an overview of his findings on whether Mr. D’Armond was in violation of Chapter 22-Article II-Noxious Weeds, Growth and Matter. He found that Mr. D’Armond has two kinds of habitats. The first being a grassland habitat which is very beneficial for many different bird species with unique and native plants. He also stated that in his findings this habitat would be defined as invasive rather than noxious. The other area he considered a forestry habitat.
Attorney Acosta read the entire section of the Ordinance that Mr. D’Armond was in violation.
Mayor Normand asked Mr. Cedetol if he had suggested to Mr. D’Armond to maintain and control the Johnson grass. Mr. Cedetol clarified to the Mayor and Council that the site was not covered solely by Johnson grass. There are small patches of Johnson grass and that mowing the grass would spread the seeds and increase the growth of the Johnson grass.
Mr. Dane D’Armond addressed the Council in regards to his appeal and a plan he submitted to the Chairman of the Public Works Committee and did not receive any correspondence back from the Town.
After further discussion, Mr. D’Armond disagreed with the determination that he was in violation of Chapter 22-Article II-Noxious Weeds, Growth and Matter that the grass on his property was in excess of twelve (12) inches in height and is deleterious and unhealthy growth.
Council Member Bourgeois read the paragraph on the cover page of the proposal submitted by Mr. D’Armond a year ago which stated how the habitat was to be established including a panel which would sign-off on the implementation. This has not been done as stated in the introductory paragraph.
A motion was made by Council Member Kershaw to uphold Working Title LLC appeal, meaning the Town can not force Mr. D’Armond to cut his grass nor can the Town cut his grass. The motion was seconded by Council Member Andre’. A roll call vote was had with the following vote:

Yeas: Rodrigue, Perrault, Andre’, Kershaw
Nays: Bourgeois
Absent: None
The motion passed with four members in favor and one opposed.

Under Remarks of Personal Privilege, Ms. Peck addressed a comment she did not agree with.
Mr. Cedetol commented that he feels the Ordinance is fine, but that the issue is the zoning.

Motion to adjourn was made by Council Member Andre’; seconded by Council Member Kershaw. The meeting adjourned at 8:02 p.m.

___________________________ _________________________
Joey Normand, Mayor Debbie Berthelot, Town Clerk