Mossy Oak Developer Sues Planning Commission

On January 12^th the Commission approved the Mossy Oak plat with conditions.  A motion to reconsider the Mossy Oak proposal is on the agenda for the Ascension Parish Commission’s February 9^th meeting. 

On Monday, January 24^th American Homeland LLC of Baton Rouge sued the Commission seeking an order from the 23rd Judicial District that would require Chairman Marchand to certify the preliminary plat for Mossy Oak Subdivision as it was submitted to planning staff on November 9th.  At the center of the controversy is Louisiana Revised Statute 33:113.  It states: “A planning commission shall approve or disapprove a plat within 60 days after the submission thereof to it; otherwise such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by such commission on demand.”  There is a disagreement between the developer and the parish when the 60 days starts. The court will decide when the 60 days begins on Monday at the Gonzales Courthouse in the courtroom of Judge Holdridge at 9:00 a.m.

Mossy Oak Subdivision was previously Mossy Oak PUD, which was denied by the Ascension Parish Council early last November. This is the same developer, Kevin Nguyen, who is developing the controversial Keystone PUD.  

Citizens are encouraged to attend the hearing.

P & Z Subcommittees Meet This Week

On Tuesday, January 25 the Subdivision Subcommittee of the Planning & Zoning Commission will meet to consider issues related to new subdivision development in Ascension Parish.    

On Wednesday, January 26th the Zoning Subcommittee of the Commission will meet to discuss issues related to zoning.  The  Planned Unit Development (PUD) Ordinance and others will be discussed along with zoning tables.  Both meetings will begin at 5:00 p.m. in the conference room at the Department of Public Works at 42077 Churchpoint Rd.  

Subcommittee Chairmen Bob Nance (Zoning) and Milton Clouatre (Subdivision) were appointed at the January 12th meeting.   It was stated that these meetings will be open to the public and that public input is encouraged.

Motion to Reconsider Mossy Oak

On Wednesday, January 12th, at their regular meeting the Planning & Zoning Commission voted seven to one to approve the preliminary plat for Mossy Oak Subdivision between Babin Road and Hwy. 74 with two conditions.  Commissioner Clouatre objected. Considering the preceding discussion of concerns regarding the proposed development, the outcome was surprising.The following day, January 13th, Commissioner Satterlee requested that a motion to reconsider the vote on Mossy Oak Subdivision be placed on the February agenda.  Chairman Marchand conferred with Planning Director Ricky Compton and the motion to reconsider was placed on the upcoming February 9th agenda.   

At the request of Parish President Martinez, Chairman Marchand called a special meeting of the P & Z Commission on Friday, January 21st at 4:00 p.m.  The developer's counsel was threatening legal action if their plat for Mossy Oak Subdivision was not certified by 4:00 p.m.   Because of the lack of a quorum, the special meeting did not occur.  Certifying the plat at this point in the process is highly questionable!   Who was the parish president representing with this request- the developer or our community?   

It is not known at this time if another special meeting will be called or whether the developer took any legal action.  As the situation changes we will post updates.

Residents Oppose Mossy Oak

On Wednesday, January 12th, at 6:00 p.m., the Planning Commission will consider the proposed Mossy Oak Subdivision on Babin Road. At their December 8th meeting the Commission directed the developers to communicate with residents to address their concerns. However, to date, the builder has not made any effort to talk with residents. 


Concerned citizens are asked to attend and wear red to the P & Z meeting on Wednesday to support residents in Council District 8 who oppose the development. The meeting will be at 6:00 p.m. at the Gonzales Courthouse.
  

Keystone Residents See Progress

On Thursday, January 6th, the Ascension Parish Council granted final approval to the developmental contract for the Keystone Planned Unit Development (PUD).  The outcome was favorable because of the many efforts of citizens throughout the parish. Meetings with the builder are soon to follow for Keystone residents.  Property owners have formed a group and will remain vigilant and work with the builder to insure that future decisions remain as close to the concept of the original development as possible. 

Keystone Public Hearing Scheduled January 6th

The Council will hear public comments on the the Developmental Agreement for the Final Approval for the Keystone PUD at their regular meeting on January 6th, 6:00 p.m. in  Donaldsonville.


A letter from the developer threatening to sue the Council was discussed in Executive Session at the December 16th meeting. This developer has refused to come to the table and consider concessions being proposed by residents.


Citizens are encouraged to attend and wear red to show their opposition to this proposed development and all PUDS.

Meeting Rules of Conduct Questioned

Citizens believe that recent interpretation of rules being used by the Martinez Administration is an attempt to silence the public!!


Chief Administrative Officer, Beth James, chided the public at the December 8th Planning and Zoning Commission about "decorum" in public meetings and rules related to the Ascension Parish Council.  CAO James followed with a dear editor letter in the December 17th issue of the Gonzales Weekly Citizen.  James stated "It is against the parish ordinance to mention a member of the Council, committee, staff or other elected officials in a meeting." She further stated that citizens are "free to speak outside of public buildings and say whatever they wish about whomever they wish,...but within the sanctity of a public meeting, there are rules that everyone should follow."


The “rules” posted on the podium during the December 8th Planning & Zoning Commission Meeting were addressed again at the regular December 16th Ascension Parish Council meeting.  Speakers addressed the Council concerning the agenda item related to Review of Rules of Meeting Conduct. One man in the crowd, who identified himself as a veteran, spoke out from the crowd that these rules infringed on the first amendment rights of citizens which he and others had fought to preserve while serving in the military.  At the order of Chairman Pat Bell, the veteran was escorted from the room by a sheriff's deputy.  Another veteran was so shaken by the removal of his fellow veteran that he removed himself before the situation escalated further. Chairman Bell tried to defend his action of having the veteran removed with a long futile explanation.  Attempts were made by Chairman Bell in the beginning of the meeting to stop applause; however, by the end of the meeting Bell’s gavel was silent while citizens continued clapping.  

The six rules on the original document are listed below.  Only the first four were posted by the administration. We will see how these are applied at the next Council meeting on January 6th, 6:00 p.m. in Donaldsonville.  




Ascension Parish Council 
Rules of Meeting Conduct


The Ascension Parish Council, the governing authority for the Parish of Ascension, finds the need to implement rules for the orderly conduct of its meetings and participation by the audience.  The following rules will be recognized and enforced:


1.  Ascension Parish Council meetings are for the conduct of business of the Ascension Parish government.  The meeting will be conducted and order maintained by the Chairman of the Council, or his successor in his absence.


2. Public attendance and participation are encouraged, but the public's discussion of issues is limited to 1)public hearings, 2) public comment period, and 3) placement on the agenda of a regular meeting.


Guidelines for Public Comment Period and Public Hearings are as follows:
a)  Public comment shall immediately follow roll call                  
      of the members.
b)  All individuals wishing to speak during the public       
      comment period or public hearings must sign in with               
      the Ascension Parish Council secretary giving the               
      name, address, and agenda item number which   
      they will speak on.  The Chairman of the Ascension                   
      Parish Council will announce when the sign-up                   
      period is completed, after giving adequate notice               
      that anyone wishing to speak should sign in with                
      the council secretary.  Once the sign in period is              
      closed, no one else will be allowed to participate.
 c)  Once an individual signs in to address the council             
      during the public comment period or public                      
      hearings, only that individual is authorized to                 
      address the council during that allocated time.  No             
      one may relinquish this time to another individual              
      or substitute speakers.  If the person who signs in             
      to speak does not address the council when his or               
      her name is called, that person will forfeit their              
      right to speak.
d)  Public comment shall be limited to those items on               
      the agenda.  In the event the agenda is amended                 
      during the meeting by 2/3 vote, the public shall be             
      permitted to comment at that time, prior to the                 
      commission acting, since the item was unknown at                
      the beginning of the meeeting.  If an agenda item               
      is set for public hearing, then the public shall                
      only comment during the public hearing, and not                 
      during the public comment period.  
 e)  Parties shall be limited to three minutes per                   
      person to speak.  The Chairman shall be vested with               
      authority to regulate the public comment period and             
      shall be permitted to request that those speaking               
      not be repetitious.  The Chairman shall indicate to             
      the speaker when his/her time limit has expired.  


3.  The following acts are prohibited by audience members:


a)  Speaking or addressing Parish Council, or any                   
      member, at any time during the conduct of the                   
      meeting in the meeting room;
b)  Yelling, shouting, cheering, or other such                      
       disruptive conduct during the meetings of                       
       the Ascension Parish Council;
c)  Clapping, applauding, or other such disruptions or              
       sudden noise during the conduct of the meeting,                 
       except at time of ceremony, recognition of                      
       individuals or groups for special achievement or                
       other such customary or appropriate circumstances;
d)  Use of profanity or vulgar language;
e)  Physical threats or intimidation.


4. Any person violating these rules may be asked to leave the meeting room.


5.All members of the public are asked to turn off cellular     phones, two way radios, pagers, or other such communication devices during the conduct of meetings.


6. A copy of these rules shall be published in the Official    Journal and posted on council meeting rooms to adequately     advise the public of their content.