Town Meeting Minutes – Monday, November 9, 2015

November 9, 2015
Town of Brusly
Brusly, Louisiana

The regular meeting of the Town of Brusly was held this date, November 9, 2015, at the Brusly Town Hall, at 6:30 p.m. Council Member Rhodes led the Pledge of Allegiance. A roll call determined the following officials present:

Mayor: Joey Normand
Council Members: Scot Rhodes, Joanne Bourgeois, Terry Richard, Shane Andrè, Don Neisler
Town Attorney: Thomas Acosta, Jr.
Absent: None

Mayor Normand presented the applications for beer and liquor permits for Back Brusly Grocery LLC to the Council for consideration. After seeking advice about the legalities of the newly submitted application, Council Member Neisler motioned to approve the beer and liquor permit applications for Back Brusly Grocery LLC; seconded by Council Member Richard. Mayor Normand opened the floor for public comments. Council Member Neisler stated that the real human impact on human beings is not the seller of the alcohol but the consumer that abuses it. Neisler also stated that he wanted to see Back Brusly Grocery succeed. Hearing no comments from the public a roll call vote was had with the following results:
Yeas: Rhodes, Richard, André, Bourgeois, Neisler
Nays: None
Absent: None

Mayor Normand introduced Ms. Shaun Grantham of Wright, Moore, DeHart, Dupuis & Hutchinson, Inc.
Ms. Grantham presented the 2014/2015 Audit Report for the Town of Brusly. She reported that the Town was in excellent financial condition with no findings requiring corrective action. She complimented Town Clerk Debbie Berthelot for keeping excellent records.

A motion to approve the minutes of the Town’s regular meeting of October 12, 2015, was made by Council Member Bourgeois and seconded by Council Member Rhodes. Mayor Normand opened the floor for public comment. Hearing no comments, the motion passed with a unanimous vote.

Public Works Committee: None
Planning and Zoning Committee:
Mayor Normand presented the Preliminary Plat for River Mill Reserve Third Filing – Lots 24 thru 49 Zero Lot Line Residential Development being Tract “X-4-A-1-A” & Tract “X-4-A-2-A” portion of Additions to Cinclare Plantation, Located in Sec. 15 & 16, Township 8 South, Range 12 East, Southeastern Land District, West of the Mississippi river, West Baton Rouge Parish, Louisiana for Ace Holdings, LLC.

Jim Tatum with Tatum Engineering Consultants, representing Donnie Jarreau and Ace Holdings LLC, presented the preliminary plat to the Council and offered to answer any questions posed. Upon Mayor Normand’s request Mr. Tatum presented a survey and study of the storm water management area which borders the proposed development. Mr. Tatum explained that the storm water management area performed as designed and expected during the 10 year storm event that the Town of Brusly experienced on October 25, 2015. Responding to questions posed, Mr. Tatum assured the Council that the current storm water management area is designed to handle the additional development which was being proposed.

Mr. John Pritchett expressed concerns about the additional load on the drainage and sewer system from the proposed development and asked the Council to delay approval of the development until they could assure the safety of the existing neighboring subdivisions.

Mr. Paul Tschirky, a resident of the Gates at the Oaks, expressed concerns about flooding, drainage and sewage issues. After stating his concerns, Mr. Tschirky read a letter from the Gates at the Oaks Home Owners Association asking the Mayor and the Council to reject the current development plans put forward for River Mill Reserve until concerns of the adjacent property owners are addressed.

After the discussion concluded, Council Member Neisler made a motion to defer the decision on the preliminary plat for River Mill Reserve Third Filing until an official drainage study was completed; seconded by Council Member Bourgeois. Mayor Normand opened the floor for public comments. Hearing no further comments a roll call vote was had with the following results:
Yeas: Bourgeois, Neisler, Rhodes, Richard, André
Nays: None
Absent: None

At the request of Mayor Normand a motion to amend the agenda to take up item 9.A of the agenda was made by Council Member Neisler; seconded by Council Member Bourgeois. Mayor Normand opened the floor for public comments. Hearing no comments the motion passed unanimously.

Hearing and Final Action on Ordinances:
Ordinance #7 of 2015 – To amend Chapter 19 of the Code of Ordinances of the Town of Brusly, State of Louisiana, to incorporate amended zoning district map under Section 19.22 Map, specifically: Re-zoning of Tract X-4-A-1-A & Tract X-4-A-2, Lots 24 thru 49, portion of additions to Cinclare Plantation from R-6 (Town Home Residential) to R-5 (Zero Lot Line Residential) at the request of Tatum Engineering for property owners River Mill Reserve LLC and Ace Holdings LLC, property address: West St. Francis Street, Brusly, was read aloud and opened for Public Hearing by Mayor Normand. Hearing no comments, Mayor Normand turned the matter over to the Council. A motion to approve the rezoning was made by Council Member Neisler; seconded by Council Member Rhodes. Mayor Normand opened the floor for public comments. Hearing no comments a roll call vote was had with the following results:
Yeas: Richard, Andrè, Bourgeois, Neisler, Rhodes
Nays: None
Absent: None

Returning to the regular order of the agenda, Mayor Normand presented the Final Plat with variance requests showing the resubdivision of the remainder of Lot A-4.1.B (of the Lynn J. Pourciau Tract) into Lots A-4.1.B.3 & A-4.1.B.4 Located in Sec. 14, T-8-S, R-12-E, S.E. Land District, West of the Mississippi River Town of Brusly, Parish of West Baton Rouge, State of Louisiana for Sherry Elizabeth Lopez Pourciau with non-compliance to Sec. 19.8(a)(5)k – to allow more than 500 feet distance from the edge of the street right-of-way to the end of the private servitude of access and to have 5 lots.
A motion to approve with the addition of a note on the plat stating no building permits will be issued until the water main and fire hydrant have been installed was made by Council Member Neisler; seconded by Council Member Andrè. Mayor Normand opened the floor for public comments. Hearing no comments a roll call vote was had with the following results:
Yeas: Andrè, Bourgeois, Neisler, Rhodes, Richard
Nays: None
Absent: None

Finance Committee: None
Personnel Committee:
Police Chief Jonathan Lefeaux recommended the termination of Officer Kasey Townsend, formerly Officer Kasey Parault, based on the Town of Brusly Employee Handbook section 7.4 subsection 13.G which states if the employee is absent from work for six (6) consecutive months for any reason, the employee will be considered voluntarily resigned and his/her employment shall be terminated.
Attorney Arthur Smith spoke on behalf of Officer Kasey Townsend stating that if they terminated her it would be in direct violation of federal antidiscrimination laws and he would file suit in Federal Court the next day. No action was taken by the Council.

Recreation Committee: None
Police Committee: None
Governmental Affair Committee:
Council Member Bourgeois announced that there was an Arbor Day Ceremony that took place on Wednesday November 4th, and 2 sycamore trees were planted on the campus of Brusly Middle School to replace the historical trees that were destroyed by Hurricane Gustav.

Consideration of Vetoed Ordinances: None
Hearing and Final Action on Ordinances:
Mayor Normand opened the public hearing for Ordinance #9 of 2015 to amend Chapter 1.8(b)-Governing Authority, Salaries of Elected Officials; Council Members. Hearing no comments from the public Mayor Normand closed the public hearing and turned the matter over to the Council. A motion to amend to read as, effective January 1, 2017, the salary of the Council Members shall be Seventy- Two Hundred ($7,200.00) Dollars, per annum, payable monthly and ($50.00) for each special meeting that the Council Member is present and a vote is taken. In addition the salary of the Mayor Pro Temp shall be Seventy- Eight Hundred (7,800.00) Dollars, per annum, payable monthly, was made by Council Member Rhodes; seconded by Council Member André. Mayor Normand opened the floor for public comments. Hearing no comments, a roll call vote was had with the following results:
Yeas: Bourgeois, Neisler, Rhodes, Richard, André
Nays: None
Absent: None

Mayor Normand opened the public hearing for Ordinance #10 of 2015 to amend Chapter 1.8(c)-Governing Authority, Salaries of Elected Officials; Chief of Police. Hearing no comments from the public Mayor Normand closed the public hearing and turned the matter over to the Council. A motion to amend to read as, effective January 1, 2017, the salary of the Chief of Police shall be Forty- Eight Thousand ($48,000.00) Dollars, per annum, payable bi-weekly, plus a vehicle allowance of Twelve Thousand ($12,000.00) Dollars, per annum, payable monthly, was made by Council Member Bourgeois; seconded by Council Member Richard. Mayor Normand opened the floor for public comments. Hearing no comments, a roll call vote was had with the following results:
Yeas: Neisler, Rhodes, Richard, André, Bourgeois
Nays: None
Absent: None

Mayor Normand opened the public hearing for Ordinance #10 of 2015 to amend Chapter 1.8(a)-Governing Authority, Salaries of Elected Officials; Mayor. Hearing no comments from the public Mayor Normand closed the public hearing and turned the matter over to the Council. A motion to amend to read as, effective January 1, 2017, the salary of the Mayor shall be Fifty Thousand ($50,000.00) Dollars, per annum, payable monthly, was made by Council Member Neisler; seconded by Council Member Bourgeois. Mayor Normand opened the floor for public comments. Hearing no comments, a roll call vote was had with the following results:
Yeas: Rhodes, Richard, André, Bourgeois, Neisler
Nays: None
Absent: None

Introduction of Ordinances: None
Resolutions and Commendations:
Mayor Normand read aloud Resolution 11 of 2015-DEQ Environmental Audit. A motion to approve was made by Council Member Bourgeois; seconded by Council Member Andrè. The Mayor opened the floor for public comment. Hearing no comments, the motion passed unanimously.

Police Department Report:
Police Department Report for the month of October was given by Asst. Chief Southon. There was one (1) 911 hang-up call, twelve (12) alarms, two (2) animal calls, six (6) assists to other agencies, two (2) battery calls, three (3) burglaries, one (1) vehicle check, two (2) criminal damage calls, three (3) damage to property, seven (7) disturbances, two (2) drug distribution arrests, one (1) fire call, six (6) information calls, one (1) other, one (1) suspicious act, three (3) thefts, eight (8) traffic accidents, one (1) traffic complaint, thirty (39) traffic stops, one (1) unlock vehicle, one (1) warrant arrest, eight (8) driving under suspensions and thirty-one (31) no insurance tows. For the month there were 356 citations, 470 violations and a total of 105 complaints received.

Correspondence: None
Mayor’s Report: None
Remarks of Personal Privilege:
Council Member Bourgeois thanked Wayne Delapasse, Eric Kulcke and Curtis Allen for their help with planting the trees on the Brusly Middle School campus. Ms. Bourgeois also thanked Debbie Berthelot and Patricia Thibodaux for their help with coordinating the November 4th Arbor Day Ceremony which was held at the Brusly Town Hall.

Mr. Kim LeMoine announced that the Planning & Zoning Commission had elected their new officers as follows:
Ronda Perrault – Chair
Jeff Travasos – Vice-Chair
Gary Soniat – Secretary

Announcements:
Early voting was November 7th thru the 14th.
Election Day is November 21, 2015.
There will be a Veteran’s Day Reception Nov. 11th at 12:00 PM.
The Planning & Zoning Meeting will be Nov. 18th at 6:30 PM.
The Town Hall will be Closed Nov. 26th & 27Th in Observance of Thanksgiving.

A motion was made by Council Member Richard to adjourn; seconded by Council Member Andrè. Hearing no comments, the motion passed with a unanimous vote. The meeting adjourned at 7:50 PM.

____________________________ _________________________
Joey Normand, Mayor Debbie Berthelot, Town Clerk