PROCEEDINGS OF THE MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE HELD AT THE CITY HALL, 101 BERARD STREET, AT 6:00 P.M. ON TUESDAY, AUGUST 8, 2023.
Mayor Ricky Calais called the meeting to order, the invocation and the Pledge of Allegiance were recited.
Monthly budget-to-actual comparisons on the General Funds, Sales Tax Funds, Park and Recreation Fund, and Utility Funds were distributed to the councilmen and Mayor.
PRESENT: Ryan Breaux, Scotty Borel, Albert Menard, Neil Melancon, and Eddy Leblanc.
ABSENT: None
Upon motion of Ryan Breaux, duly seconded by Albert Menard and unanimously carried, the Board of Aldermen approved the addition of the following item to the agenda:
Item #16- Accept the bid from Athletic Turf Solutions, LLC for the Park Hardy Baseball Field Artificial Turf Project.
Upon motion Albert Menard, duly seconded by Scotty Borel, and unanimously carried, the Board of Aldermen approved the minutes of the July 11, 2023 City Council meeting.
Upon motion of Ryan Breaux, duly seconded by Scotty Borel, and unanimously carried, the Board of Aldermen approved the request to grant Mayor Calais permission to sign approval of final plat for Atchafalaya Trace Phase III Development with the provision that the bond be set at $203,500 and the contractor be given 18 months to complete the agreed-upon work.
Upon motion of Albert Menard, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen adopted a resolution of acceptance for the Belle Terre Force Main Project.
RESOLUTION OF ACCEPTANCE
A resolution authorizing and directing the Mayor to execute for and on behalf of the City of Breaux Bridge, Louisiana an Act of Acceptance from Bihm Construction Company, Inc., of Opelousas, LA, Contractor, pertaining to the completion of the Belle Terre Force Main Replacement for the City of Breaux Bridge, LA.
WHEREAS, Bihm Construction Company, Inc., as Contractor, has substantially completed the Belle Terre Force Main Replacement for the City of Breaux Bridge, Louisiana, in accordance with the plans and specifications contained in the Contract Documents pertaining thereto; and
WHEREAS, the City of Breaux Bridge, Louisiana acting through its Mayor and Councilmen, desires to accept the completed work;
NOW, THEREFORE, IT BE RESOLVED by the Councilmen of the City of Breaux Bridge, Louisiana, acting as the governing authority for the said City of Breaux Bridge, that the Mayor, be and he is hereby empowered, authorized and directed to execute an Act of Acceptance for and on behalf of the City of Breaux Bridge, Louisiana, accepting the work as being complete, and that he be authorized and directed to have a copy of said Acceptance recorded in the Conveyance Records of the Parish of St. Martin, State of Louisiana.
The foregoing resolution was offered by Albert Menard and
seconded by Ryan Breaux.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Ryan Breaux, Scotty Borel, Albert Menard, Neil Melancon, Eddy LeBlanc
NAYS: None
ABSENT: None
AND the resolution was declared adopted on this the 8th day of August, 2023.
ATTEST:
By_______________________________ BY __________________________
Secretary Mayor
NOTICE OF ACCEPTANCE
TO ALL WHOM IT MAY CONCERN, and especially to all subcontractors, workmen, laborers, mechanics, and furnishers of materials:
Public Notice is hereby given according to law that the undersigned Owner has accepted, as substantially complete, the work done on the Belle Terre Force Main Replacement by Bihm Construction Company, Inc.., Contractor, under his contract with the City of Breaux Bridge, Louisiana, dated January 13, 2023, and recorded under Book No. 1738, page 457 in the Records of the Clerk of Court, Parish of St. Martin, Louisiana;
All subcontractors, workmen, laborers, mechanics, and furnishers of materials must assert whatever claim they may have against the said Contractor, growing out of the execution of said Contract, according to law, within 45 days from registration hereof.
CITY OF BREAUX BRIDGE, LOUISIANA
BY:_______________________________
Ricky J. Calais, Mayor
Date: 8th day of August, 2023.
Upon motion of Ryan Breaux, duly seconded by Albert Menard and unanimously carried, the Board of Aldermen opened a public hearing for Ordinance #2288 (An ordinance to amend Chapter 3 of the Code of Ordinances, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 3-1, 3-27 and 3-40, applicable to alcoholic beverages, permits for the sale thereof, the location and operation of alcoholic beverage outlets and matters related thereto.).
Planning and Zoning Director, Jeremy Broussard explained that the current ordinance prohibits some types of restaurants that include a bar feature to be opened within 300 feet of schools, nurseries, playgrounds, etc. The wording of the current ordinance would prohibit restaurants that are primarily restaurants, but include a bar area in them. He explained that this amended ordinance would alleviate the strictness of the original ordinance so as to allow these businesses to operate within this zone.
Bart Hebert, the City Attorney, explained that this ordinance would be mimicking the state law on this matter and the City would no longer be more restrictive than state law. He also stated that the language of the ordinance needed to be clearer and that this amendment would clarify any confusion of the original about how to measure the distance from the business to daycares, schools, etc.
Alderman Melancon pointed out that in this version of the ordinance, the City would only allow the restaurants to serve alcohol until 11:00 p.m. He requested that be changed to 12:00 p.m. midnight.
Upon motion of Albert Menard, duly seconded by Ryan Breaux, and unanimously carried, the Board of Aldermen closed the public hearing for Ordinance #2288.
Upon motion of Albert Menard, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen adopted Ordinance #2288, with the change that the businesses must stop selling alcohol between the hours of 12:00 p.m. and 6:00 a.m. unless a special permit is granted by the council.
ORDINANCE NUMBER 2288
An ordinance to amend Chapter 3 of the Code of Ordinances, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 3-1, 3-27 and 3-40, applicable to alcoholic beverages, permits for the sale thereof, the location and operation of alcoholic beverage outlets and matters related thereto.
BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 8th day of August, 2023, that:
The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 3-1, 3-27 and 3-40, as follows:
Sec. 3-1. – Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcoholic beverages mean any fluid or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half of one percent alcohol by volume, including malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout fruit juices, cider, or wine.
Beverages of high alcoholic content means alcoholic beverages containing more than six percent alcohol by volume.
Beverages of low alcoholic content means alcoholic beverages containing not more than six percent alcohol by volume.
Class A-General Permit means alcohol permit given to bar, lounge, saloon, nightclub, and any business that meets the requirements in LA R.S. 26:71.1 (high content) and/or LA R.S. 26:271 (low content), as may be amended from time to time.
Class A-Restaurant Permit means alcohol permit given to any restaurant that meets the requirements in LA R.S. 26:71.1 and/or LA R.S. 26:73, as may be amended from time to time.
Class B Package Store Permit means alcohol permit given to any business that meets the requirements in LA R.S. 26.2 and/or LA R.S. 26:241(13), as may be amended from time to time.
Class C Package Store Permit means alcohol permit given to any business that meets the requirements in LA R.S. 26.71.2 (high content), or LA R.S. 26:271 (low content) or LAC 55: VII: 327, as may be amended from time to time.
Collector means the tax collector for the city or his duly authorized agent.
Dealer means any person, association of persons, firm or corporation that sells alcoholic beverages either at wholesale or retail.
Dealing for the purposes of this chapter means the handling of alcoholic beverages for the purpose of sale, either at retail or wholesale.
Licensed premises mean the building or that part of the building as defined in the application for the permit in which alcoholic beverages are sold; except in cases where such beverages are regularly sold or served outside the building, the terms shall also include such outside area.
Retail dealer means every person who offers for sale, exposes for sale, has in his possession for sale or distribution, or sells alcoholic beverages in any quantity to persons other than licensed wholesale or retail dealers.
Wholesale dealer means those persons who sell alcoholic beverages to licensed wholesale dealers or licensed retail dealers within the state or to any person for delivery beyond the borders of the state.
(Code 1975, § 14-3)
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Similar definitions, R.S. 26:241.
Sec. 3-27. – Location of business limited.
(a) No permit shall be granted under this article in contravention of any zoning laws of the city.
(b) No permit shall be granted under this article to any alcoholic beverage outlet that shall be located within 300 feet of any public playground or of a building used exclusively as a regular church or synagogue, public library, school, or full-time daycare center as defined in La. R.S. 17:405 (A)(4), as may be amended from time to time. The measurement of this distance shall be made by measuring in a straight line from the nearest point of the property line of such public playground, church, synagogue, public library, school or full-time daycare center, to the nearest point of the property line of the premises to be licensed. The prohibition in this Section shall not apply to any premises for which a Dealer has been issued, under state law, a current and validly existing Class A-Restaurant permit or Class B Package Store permit for said premises.
(c) The above restrictions shall not apply when the alcoholic beverage permit is applied for by a church, school, synagogue or library for the sale of alcoholic beverages on the church, school, synagogue or library premises in connection with fund-raising activities by the applying entity. This exception shall be limited to only annual functions.
(e) The prohibitions in this Section shall not apply to any premises which are maintained as a bona fide hotel, or fraternal organization.
(f) For the purposes of this Section, “public library” shall mean a public library which is located in a permanent structure and is open to the public for three or more days per week.
(Code 1975, § 14-100; Ord. No. 2067, § A, 10-26-1993)
State Law reference— Authority to limit location of business, R.S. 26:81, 26:281.
Sec. 3-40. – Licensed premises, hours of operation.
(a) No person holding an alcoholic beverage permit and no servant, agent or employee of the permittee shall sell or offer for sale at retail, or to give away, in or upon any licensed premises, any alcoholic beverage between the hours of 12:05 a.m. and 6:00 a.m. on any Monday; nor between the hours of 2:00 a.m. and 6:00 a.m. of any Tuesday, Wednesday or Thursday; nor between the hours of 2:00 a.m. and 5:00 a.m. of any Friday or Saturday; nor between the hours of 2:00 a.m. and 6:00 a.m. on any Sunday.
(b) It shall be unlawful to keep open for business or to admit the public to or permit the public to remain within, or to permit the consumption of alcoholic beverages in or upon any premises in which alcoholic beverages are sold at retail during the hours within which the sale of such beverages is prohibited; provided that in case of restaurants, hotels and other retail businesses where the sale of alcoholic beverages is not the primary source of revenue (less than 40 percent of income), such establishments may be kept open for business during such hours, but no alcoholic beverages may be sold to, or consumed by, the public during such hours.
(c) No person holding a Class A-Restaurant Permit for such licensed premises, and no servant, agent or employee of the permittee, shall sell or offer for sale at retail, or to give away, in or upon such licensed premises, any alcoholic beverage between the hours of 12:00 a.m. and 6:00 a.m., unless licensee has obtained from the City a special permit to do so for a specific date and such times authorized by the Board of Aldermen of the City.
(Code 1975, § 14-17; Ord. No. 2092, 10-14-1997)
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.
BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 8th day of August, 2023, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.
UPON MOTION of Albert Menard, seconded by Scotty Borel, and upon verification and assurance that the foregoing ordinance was:
- Introduced on July 11, 2023, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
- Disseminated to the Mayor and all Aldermen;
- Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
- Presented at a public hearing held on the 8th day of August, 2023,
The Board of Aldermen, on the 8th day of August, 2023, adopted Ordinance Number 2288 by virtue of the following votes:
YEAS: Ryan Breaux, Scotty Borel, Albert Menard, Neil Melancon, Eddy LeBlanc
NAYS: None
ABSENT: None
ABSENTIONS: None
ATTEST: APPROVED:
______________________ ________________________
KRISTI LEBLANC, RICKY CALAIS,
CITY CLERK MAYOR
______________________ ________________________
DATE DATE
Upon motion of Albert Menard, duly seconded by Ryan Breaux, and unanimously carried, the Board of Aldermen approved the request of Chief LeBlanc to purchase AED (Lifepak Portable Defibrillators) for the Police Department and Marshal’s Office.
Upon motion of Scotty Borel, duly seconded by Albert Menard and unanimously carried, the Board of Aldermen adopted a resolution to advertise in the parish journal a notice of intention to abandon a portion of Julian Street for lack of public use.
Upon motion of Albert Menard, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen introduced Ordinance # 2289 (An ordinance to amend Chapter 23 of the Code of Ordinances, the Zoning Ordinance, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-5.11 and 23.5.11.1, applicable to all C-2 zoning districts and regarding Class C Package Stores and the sale of alcoholic beverages, and matters related thereto.).
Upon motion of Albert Menard, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen introduced Ordinance #2290 (An ordinance to amend Chapter 23 of the Code of Ordinances, the Zoning Ordinance, by the repeal, amendment, revision, enactment, and/or re-enactment of Section 23-5.19.5 regarding C-6 Requirements by changing the requirements of the enhanced street front public servitude from twenty feet to ten feet and matters relating thereto.).
Upon motion of Ryan Breaux, duly seconded by Albert Menard and unanimously carried, the Board of Aldermen authorized Mayor Calais to accept the bid from Athletic Turf Solutions, LLC for the Park Hardy Baseball Field Artificial Turf Project.
Upon motion of Ryan Breaux, duly seconded by Albert Menard and unanimously carried, the Board of Aldermen introduced Ordinance #2291 (Be it Ordained by the Board of Aldermen of the City of Breaux Bridge, Louisiana, that the Municipal Budget for Fiscal Year Ending June 30, 2024, be Amended to the Terms and Figures Contained in the Attached Exhibit Identified as “Exhibit A”.).
Upon motion of Albert Menard, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen entered into Executive Session to discuss proposed disciplinary action against and/or professional competence and positions held of various personnel of the Breaux Bridge Police Department.
Upon motion of Albert Menard, duly seconded by Ryan Breaux, and unanimously carried, the Board of Aldermen closed the Executive Session.
Upon motion of Ryan Breaux, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen approved the recommendation of Chief LeBlanc regarding Raiford Ballard.
A motion was made by Albert Menard and seconded by Scotty Borel, that the recommendation of Chief LeBlanc be rejected regarding the matter with Taylor Boutin. The motion did not carry, with the roll call vote as follows:
Yeas: Scotty Borel, Albert Menard
Nays: Ryan Breaux, Neil Melancon, Eddy LeBlanc
Abstain: None
Upon motion of Eddy LeBlanc, duly seconded by Neil Melancon and carried, the Board of Aldermen approved the recommendation of Chief LeBlanc in the matter regarding Taylor Boutin with the roll call vote as follows:
Yeas: Ryan Breaux, Neil Melancon, Eddy LeBlanc
Nays: Scotty Borel, Albert Menard
Abstain: None
A motion was offered by Neil Melancon and seconded by Ryan, to accept Chief LeBlanc’s recommendation in the matter regarding Ivan Mcyntire.
A substitute motion was offered by Albert Menard and seconded by Scotty Borel, that the recommendation of Chief LeBlanc regarding Ivan Mcyntire be rejected. The motion did not carry the vote being as follows:
Yeas: Scotty Borel, Albert Menard
Nays: Ryan Breaux, Neil Melancon, Eddy LeBlanc
Abstain: None
The original motion was then taken up. Upon motion of Neil Melancon, duly seconded by Ryan Breaux and carried, the Board of Aldermen approved the recommendation of Chief LeBlanc in the matter regarding Ivan Mcyntire with the vote being as follows:
Yeas: Ryan Breaux, Neil Melancon, Eddy LeBlanc
Nays: Scotty Borel, Albert Menard
Abstain: None
Upon motion of Albert Menard, duly seconded by Ryan Breaux, and unanimously carried, the Board of Aldermen adjourned the meeting.
______________________________ ______________________________
Kristi LeBlanc, CMC Ricky J. Calais
City Clerk Mayor
