Washington Parish Council

Regular Meeting – 6:00 PM

Washington Parish Courthouse

Council Chambers

December 28, 2009

 

 

Item No. 1 – Call to Order – Chairman Nassauer called the meeting to order.

 

Item No. 2 – Invocation – Councilman Thomas gave the invocation.

 

Item No. 3 – Pledge of Allegiance – Chairman Nassauer called for the Pledge of Allegiance.

 

Item No. 4 – Roll Call – Clerk Sharon Lyons called the roll.  Present were Kenneth Wheat, Michael Fussell, Charles Nassauer, Andre’ Johnson, Randy Thomas, Greg Route and Aubrey Posey.

 

Item No. 5 – Approval of Minutes – Councilman Johnson offered a motion, seconded by Councilman Route to approve the minutes of the December 14, 2009 meeting.  All in favor and the motion carried.

 

Item No. 6 – Adoption of the Financial Report – Councilman Posey offered a motion to adopt the financial report.  The motion was seconded by Councilman Johnson.  All in favor and the motion carried unanimously.

 

Item No. 7 – Introduction of Ordinance No. 09-508 – An ordinance to adopt Budget adjustment No. 2 of 2009 Annual Operating Budget for Washington Parish Government

(Introduced by Ken Wheat)

 

The Chairman asks by unanimous agreement from the Board to pull, from the agenda, Ordinance 09-508. The Council unanimously agreed.

 

Item No. 8 - Introduction of Ordinance No. 09-509 – An Ordinance authorizing the Parish President to enter into a contract with the Keep Louisiana Beautiful Organization regarding funds provided to Washington Parish though a competitive grant (Introduced by Randy Thomas)

 

Item No. 9 - Introduction of Ordinance No.10-510 – An ordinance adopting a revision

to the 2009 Planning and Building Permit Fee Schedule (Introduced by Randy Thomas)

 

Item No.10 - Introduction of Ordinance No.10-511 – An ordinance adopting a revision to  Ordinance09-482 entitled Improvement Requirements for Subdivisions and Land Developments (Introduced by Randy Thomas)

     

Item No. 11-Introduction of Ordinance No.10-512 – An ordinance adopting a revision to The Preface and Articles 1, 2, & 3 of the Comprehensive Development Plan Of Washington Parish, Louisiana (Ordinance No. 08-465) (Introduced by Randy Thomas)

 

Item No. 12 - Resolution No.10-450 – Adoption of a resolution authorizing the filing of an application with the Louisiana Department of Transportation and Development for a grant under 49 CFR 5311, Non-Urbanized Area Formula Program and /or 49 CFR 5309, Discretionary Capital Program

 

Councilman Posey offered a motion, seconded by Councilman Route to adopt Resolution No. 10-450.  All in favor and the motion carried.

 

Item No.13 -  Resolution No.10-451– Adoption of a resolution authorizing the filing of an application with the Louisiana Department of Transportation and Development for a grant under Section 3037 of TEA-21 and/or Section 5316 of SAFETEA-LU, Job Access and Reverse Commute Competitive/(Formula) Grants

 

Councilman Posey offered a motion, seconded by Councilman Fussell to adopt Resolution No. 10-451.  All in favor and the motion carried.

 

Item No. 14 – Public Participation – Mrs. Joanie Thompson resident of 13443 Sleepy Hollow Road, Sleepy Hollow Estates, Franklinton, Louisiana. Mrs. Thompson stated she was here concerning the Sleepy Hollow Estates Road and she stated her case as follows:

 

 

Councilman Fussell asks, “How many people live there on Sleepy Hollow Road?”

 

Mrs. Thompson replied 26 lots and currently 19 residents.”

 

Councilman Wheat asks, “Has this road ever been on the parish road inventory list.”

 

Mr. Taylor, Transportation Director stated, “No.”

 

Mrs. Thompson stated before she knew about the Louisiana Statute the vendor came and maintained the road up to 2004. After that time the residents ask the vendor to bring the road up to Parish requirement, so the Parish would take it over. Now, this is before she knew about the LA R.S. 33:50, 51& 52. The school bus comes down it and many people own along that road and it cannot be a private road. People say this is a private road with public access. There is nothing preventing the Parish from taking this road and maintaining it.

 

Councilman Wheat stated, “I agree with you there and I think you are exactly right, but this Parish and every state in the United States cannot just take over a road to benefit a developer. We cannot just benefit a few people if it is economically unfeasible to take it over, in comparison to what I am talking about. You can take over a road that the developer has followed the guidelines where they have set it into place verses another road. We cannot put thousands into it to bring it up to standards. Comparing the two roads I don’t know where this road falls into the spectrum.  We have guidelines in this parish for taking over roads.”

 

Mrs. Thompson stated, “I agree, I agree one hundred percent, but if this statute had been enforced, then the vendor wouldn’t have done this.”

 

Councilman Wheat asks if legal counsel had researched and looked into this situation.

Councilman Wheat stated, “There are different definitions to public roads.”

 

Mr. Kuhn replied, “LAR.S. 33:50- 51, which states when laying out land into squares or lots with streets and allies between them with the intention to sale he should comply with the following and it list a number of things to do. The issue of this parish is the owner traditionally did not sale by squares and lots, but by metes and bounds. So that creates another issue. Metes and bounds is where you describe a typical rural description and give the dimension and direction of the lot.  Regardless the final provision of the statute states that the formal dedication of a road shall impose not responsibility on a political subdivision in which it is located until the dedication is accepted by the political subdivision to written certification of the roads is in compliance with all the standards applicable to the instruction set forth in the ordinance regulation with the policy of the political subdivision or the road is maintain by the political subdivision.  I have made some notes to Mr. Lucchesi on this and I have referred to------and she has a point ---- if there is a legal issue, it is where the statute calls for the penalties and all to be imposed if someone has violated, but that is not to be enforced by the Parish. She has referred to Statute 33:50-51; however, the plan of Sleepy Hollow Estates recorded in Cabinet 3 entry 88 is not compliable with this statute.  The statute requires any street be named on the plat in that it is certified by the surveyor stating that the plat is in accordance with the prevision of Statute LAR.S.33:50, 51, in with the laws and ordinances of Washington Parish. The plat does not contain any of the foregoing information.  In addition the statute requires that the streets are to be made available for public use. It must be a formal dedication of such made by the owner of the property and this was not done. In fact the public recorded show the owner specifically declared that the servitude of passage for Sleepy Hollow Estates is to be private.  COB title page 248, the owner executed a dedication of servitude of passage dated March 30, 2000, which reference the subdivision plat, of certain property generally known as Sleepy Hollow Estates. The dedication states that the servitude of passage is private and intended for use and benefit of all the owners of lots in the subdivision. Also, it is my understanding that Weyerhaeuser Company executed a road right-of -way agreement with the owner which covers a portion of an existing road being 50 feet wide by approximately 110 feet long. It is my understanding that this stripe of land connects Sleepy Hollow Estates with a public road. Specifically paragraph five states that the grantee shall not do or allow to be done any acts or act to which shall cause the right-of-way to become a public road without the prior written consent to Weyerhaeuser Company. This document is recorded in COB 623, page 481.  In fact that the parcel of land of Sleepy Hollow Estates is sold by metes and bounds rather than lot number further indicated acknowledgement by the land owner that the parcel being sold are not of a formal subdivision established under Statute 33:50, 51. Also, note that the plat of Sleepy Hollow Estates shows where the lots are sold to the center of the road with each lots acquiring ownership of a portion of the road. None of the documents of records involving Sleepy Hollow Estates give any direction of who is to be responsible for maintaining the roads. Based on the above information, my opinion the road is a private road, although it falls under dedicated public use under Statute 33:50-51. Section C of that statute makes it clear that such a dedication imposes no responsibly on local government, unless formal dedication specifically accepted by the political subdivision by written certification that the road is in compliance with all standards applicable to construction set forth in ordinances and regulations and polices of the political subdivision before the road can be maintained by the political subdivision.

 

Councilman Fussell asks, “How is it recorded in the courthouse.”

 

Mrs. Thompson stated, “My contract is by lots.”

 

Councilman Wheat stated, “That could be true. I am not arguing that is not true. What you may have misunderstood is that Mr. Kuhn was reading to you was a document prior to your contract, so it could be both. It could have been recorded earlier under metes and bounds, but later developed under lots. So you both could be right.”

 

Councilman Thomas asks, “It was not recorded on your contract that it was a private road or that it would be taken over by the Parish.”

 

Mrs. Thompson replied, “No, neither way.”

 

Chairman Nassauer asks, “Mr. Kuhn did you understand what Mrs. Thompson is requesting we get an Attorney Generals Office opinion on, specifically?”

 

Mr. Kuhn replied, “If I understand this correctly you want an opinion rather the Parish is required to maintain this road?”

 

Mrs. Thompson replied, “No, I want an opinion if this was laid out correctly and rather or not it was laid out in compliance with this law.  Is there anything prohibiting the Parish from helping us out with that? To my knowledge there is no restriction on real property issues, but that might have changed.”

 

Councilman Wheat stated, “I think I can answer your question of rather we can take over the road.”

 

Mrs. Thompson stated, “I know you can take it over at any time.”

 

Councilman Wheat stated, “As a Parish the State defines what right-of-ways are, public roads are, but what you are asking of the Attorney Generals opinion if the Parish should enforce at this time, maybe a misfiling by the vendor.”

 

Mrs. Thompson asks if the council should or could charge back to the vendor and this is not the only subdivision they have done this to.

 

Councilman Fussell stated, “I have three in my district.”

 

Councilman Wheat stated the council has laws in place to prevent this now.

 

Mrs. Thompson stated she would not have bought the property if she would have been told this road was not up to standards to be accepted into the Parish and it was private and she would have to maintain it.

 

Councilman Wheat asks one more time what did Mrs. Thompson want the Parish to ask the Attorney General to give an opinion on specifically.

 

Mrs. Thompson replied, “I want you to lay out the fact of how this subdivision was developed and recorded and how it applies to this Statute.”

 

Councilman Fussell stated, “Do understand the standards that are in place for you to be able to take over the road?”

 

Mrs. Thompson replied she thought it should be the responsibility of the vendor to do this.

 

Councilman Fussell stated, “These standards where here years ago.”

 

Mrs. Thompson stated that we are governed by State law and if the parish had done there job they would have made the vendor be held responsible for the roads before they sold the lots.

 

President Thomas asks, “How long have you lived on the road?”

 

Mrs. Thompson stated, “Ten Years, fighting with the Parish four or five.”

 

President Thomas stated, “When you first moved in there who maintained the road?”

 

Mrs. Thompson replied, “Greenleaf of Franklinton.”

 

President Thomas stated, “Greenleaf of Franklinton did. That is who you say the vendor is?” 

 

Mrs. Thompson replied, “Yes.”

 

President Thomas asks, “And this is what you thought was going to happen, they were going to maintain? For how many years did they maintain the road?”

 

Mrs. Thompson replied, “Until 2004 early 2005.”

 

President Thomas asks, “You had no problem with what was going on while they were maintaining your road, then they quite. For what reason did they give you for quitting.”

 

Mrs. Thompson stated, “They did not give us a reason. They just stop and told us we owned the road and we are responsible for it.”

 

President Thomas stated, “I cannot tell you what to do, but would this not fall under the vendor and the property owner. It could be corrected then we could take over the road.”

 

Mrs. Thompson stated, “They have violated the statute.”

 

President Thomas stated, “If they have violated the statute, then wouldn’t that come under the District Attorney’s Office.”

 

Mrs. Thompson stated, “I have spoken to them and they say they do not do that.”

 

President Thomas stated, “That is the law.  What we are talking about is the law and they are people who are supposed to be doing this.  Maybe you are going to the wrong people.  We would love to do your roads.  We have had many who have had the same situation.”

 

Chairman Nassauer stated he had the same situation in his district and the people got together and brought the roads up to the Parish standards and the Parish accepted it on the maintain list. He stated, “We would love to take over every road in the Parish, but we can’t financially. We can’t just pick and choose what roads we want to take over it wouldn’t be fair. We have to follow guidelines and we are not going to break the law, either. We are going to follow the law.”

 

Mrs. Thompson stated, “And that is why I gave you the law and I am asking you to a State’s opinion.”

 

Chairman Nassauer stated, “The only thing we can do for you is establish the liability of the Parish and we will be happy to address our legal counsel to do that. We cannot get involved in a disagreement between you and the person who had maintained the road for six years and you had accepted that standard at that point, by the way, also.  You did not bring it up ten years ago when you brought the property. This was not appropriate, because you were getting what you wanted. All of a sudden when the road was not privately maintained you want the public to take it over.  It is not brought up to standards. This is not the way we do business for the Parish.”

 

Mrs. Thompson stated, “It is not a private road.”

 

Chairman Nassauer stated, “It is not on the parish roll and I disagree with you about that.”

 

Mrs. Thompson continued to argue, but Chairman Nassauer told Mrs. Thompson her time was up and she was welcome to continue taking this issue up in the office or with her legal representative.”

 

Councilman Wheat stated, “Just for the record we will be glad to take your road over if it is brought up to parish standards. Do you have a copy of those standards?”

 

Mrs. Thompson stated she did have a copy and if the residents of the road could afford the cost of bringing the road up to standards, then she would not have come and ask for the Parish to help her.

 

Councilman Wheat stated, “This is the standards that are required by everyone of this parish. This is not something we are requiring of just you.”

 

Chairman Nassauer stated, “If you have a verbal agreement with the person you bought the property from and if they do not tell you the truth, then that is between you and the person you bought the property from and it is not the Parish’s job to be sure that every real estate transaction in this Parish and every verbal agreement they make is done.  You should have gotten it in writing.”

 

 Chairman Nassauer asks if anyone else would like to address the council.

 

Chairman Nassauer recognized Mr. Mike Schroeder, resident of Sleepy Hollow. Mr. Schroeder reiterated some of the statements Mrs. Thompson had stated.

 

Councilman Wheat asks if Mr. Schroeder has been given a procedure to bring the road up to parish standards.

 

Councilman Fussell asks if everyone’s right-of-way comes to middle of the road and are they willing to sign right-of-ways of release.

 

Mr. Schroeder replied that everyone was in agreement.

 

Chairman Nassauer told Mr. Schroeder he understood his situation and there have been others in the same situation, but the Parish has road standards for being accepted on the list and the council has to follow the law. The council understands Mrs. Thompson frustration and the council understands it is an emotional issue. The new ordinances were created to deal with this.

 

Councilman Fussell stated, “The Parish now has a declaration to handle this situation so that it does not happen again.”

 

 

Councilman Wheat. “On getting an Attorney General’s opinion, I think you will find this council will to do that, but we need a specific direction for what you are looking for and before we do this I would like to see if maybe our attorney could answer some of these questions.”

 

Mr. Kuhn stated, “Any opinion you would request would be what the council’s responsibility is. I agree with the Chairman here. We do not go back and ask if someone did something right/wrong here according to Statute. We need to know what her responsibility is here.

 

Councilman Nassauer stated, “I would have two questions. One question is what is our responsibility as a council, as a parish government. Also, what is our capability to help them enforce their situation and may make the vendor liable?”

 

Mr. Kuhn stated, “I can give you an example. In Tangipahoa Parish if it is not properly done then you do not get utilities. They don’t stop you from doing it, but you don’t get the services.”

 

Councilman Wheat asks, “Even on private property?”

 

Mr. Kuhn stated, “Yes, I have had that happen to me before.”

 

Councilman Nassauer asks, “Can we as a council take action against the vendor not filling state requirements.”

 

Attorney Wayne Kuhn stated “The Subdivision Ordinance does allow for the developer to put in a private road, but it states where a written declaration is placed on the plat as follows:

 

 

In this case; however, it is after the fact.”

 

 

Councilman Posey asks Leo and Mr. Kuhn, when reading correspondence of Mrs. Thompson, is there is a question on interruption of a “Private Road” and if the Council is going to ask for some opinions we can ask about that.

 

Mr. Kuhn stated, “I think the question from government standpoint is what responsibility do you have as the overseer of public fund and to answer the question is it a public/private road.  If there is a question of enforcement, then they will answer by referring to that statute that says enforcement is the District Attorney’s responsibility.”

 

Chairman Nassauer recognized Mr. Johnny Bryd a resident of Sleepy Hollow Estates.

 

The resident asks, “If we bring the road up to standards, then we can get on the Parish list?”

 

Chairman Nassauer replied, “Yes.”

 

Mr. Byrd stated the residents of Sleepy Hollow Estates were misled and was told the Parish would take the roads over.”

 

Chairman Nassauer told Mr. Byrd the Parish Engineer will assist in anyway he can in helping cut cost if that is what the residents wanted to do. The Parish is here to resolve not to disagree or argue with residents.  The Parish is here to help and will assist in anyway government can. If the Parish can get an opinion on what the Parish can do as an agency to enforce the developer or fine him if they are required. That is another angle we can look at and it will help with these other issues.

 

Councilman Fussell stated, “We have had so much of this, so let the “Buyer Beware”.”

 

Chairman Nassauer recognized Mrs. Ritchie, Director of “Keep Washington Parish Beautiful”. She gave an annual report of accomplishments as follows:

 

Mrs. Ritchie thanked Rayburn Correctional, Ace Hardware and Washington Parish Government with signs that were distributed throughout the Parish.  Also, appreciation was given for donations from Rayburn Inmate Organizations, Toast Master, Jaycees, and Veterans to our program. The Board will apply for a 2010 Grant and hope to continue to improve all the above areas. Mrs. Ritchie stated, “The key to success will not only depend on education, law enforcement, beautification, and grant money, but the real key is community involvement and that starts with volunteers.”

 

Chairman Nassauer asks, “Have we had anyone involved in “Adopt the road program”?”

 

Mrs. Ritchie replied, “No.”

 

Chairman Nassauer stated, “We had signs.”

 

Mrs. Ritchie stated, “You have committed to a limited number of signs. There is one think I have a question about if the Parish can print the pamphlets for that program for the coming year?”

 

Chairman Nassauer stated, “I am sure if we can get the program started, then we will buy more.”

 

Mrs. Ritchie stated, “If we can get about 500 pamphlets printed, then that would help. The grant doesn’t allow for printing of these. If we get these printed, then we can distribute these to different areas.”

 

Chairman Nassauer recognized Mr. Paulette Pittman, President of the Wesley Ray Adult Choir. Mrs. Pittman told the council she was asking for donation for a souvenir booklet as a memoir of the King and Queen and for purchasing musical instruments for the success of the New Year’s Musical.

 

Councilman Posey offered a motion, seconded by Councilman Route to close public participation. All in favor and the motion carried.

 

Item No. 15 – President’s Report – President Thomas ask for the re- appointment of the following:

 

·        Cynthia August --Washington Parish Tourism Commission Board – 3 year term ending December 31, 2012

·        Henry Harrison -- Washington Parish Tourism Commission Board – 3 year term ending December 31, 2012

·        Walt Seal --------- Washington Parish Fire Protection Board of Directors #4 – 3 year term ending December 31, 2012

 

Leo Lucchesi, Public Works Director gave an update stating Mitch Road Bridge had been completed. Also, there had been minor flooding to the courthouse basement due to groundwater filtration. This had never happened before and procedures have been implemented to solve the problem.

 

President Thomas gave a report with the roads and the pothole situation due to the heavy rains.  The asphalt companies have been closed due to the holiday season and will not be opened again until around January 4, 2010. The Parish will start repairs as soon as possible.

 

Item No. 16 – Councilman Discussion – Councilman Johnson stated he would like to wish the citizens and administration “Happy Holidays”. I want to tell the gentlemen and ladies on both sides, administrative and legislative, that I have enjoyed working with you these two years and hope for great success for this Parish.

 

Councilman Route stated, “As Councilman Johnson has said we have been here for two years.  Sometimes you hate to pat your own self on the back, but if you do not, then your back might never get a pat.  I think this President and this Council has done a great job. Hopefully, we will continue to move our Parish forward in the coming year.”

 

Councilman Thomas stated, “I just would like to wish everyone a Happy New Year 2010 and to be safe on the road during the New Year Eve celebrations going on. Also, I want to wish for our military a Happy New Year and God’s speed to get home.”

 

Councilman Wheat stated, “I echo the same feeling Greg has expressed. I think we made some good accomplishments this year.  Also, about being safe during the holidays and I cannot echo that enough.”

 

Councilman Fussell stated, “I want to wish everyone a Happy New Year and safe one and I hope next year will be a prosperous one, too.”

 

Councilman Posey ask Mr. Lucchesi about the heating and air condition system in the Courthouse.

 

Mr. Leo stated, “It has been updated and we just went through a major renovation on the broiler. The air condition system works and we have applied for a grant with the federal government. We have what might call an environmental issue.  We are targeting three locations which are energy efficient lighting, the cooling tower and the control system. We are targeting those three areas.”

 

Chairman Nassauer stated, “I want to thank the council for letting me be their chairman for the last two years. I have enjoyed working with everybody.  We do not always agree on everything, but we always try to do what is best for the Parish. Our President and new council hit the ground running and I was impressed by them. These landuse issues are very emotional and the law aspects of them are very meticulous, but very important. I want to thank the committee that worked on this.  I want to thank our legal attorney. We want to do the right thing and he helps us with that.  Traditionally, we change leadership every two years, so we will change at the next meeting. I wish everyone a Happy New Year.”

 

Item No. 17 – Executive Session - under LA R.S. 42:6.1A (2) concerning the matter of Deer Enterprises, L.L.C. vs. Parish Council of Washington Parish, and #099580-1, 22nd. 

 

Councilman Posey offered a motion, seconded by Councilman Thomas to enter into executive session to discuss litigation.  All in favor and the motion carried.

 

After executive session was closed, Chairman Nassauer declared the Council meeting back in regular session. Chairman Nassauer reported that during the executive session an update was given and no action was taken at this time.

 

Item No. 18- Adjourn – Having no further business to come before the council, the meeting was adjourned on motion by Councilman Posey, seconded by Councilman Route. All in favor and the motion carried.

 

 

 

_________________________                                    __      ________________________

Sharon Lyons, Clerk to the Council                             Aubrey Posey, Chairman

Washington Parish                                                          Washington Parish Council