| Appearance in connection with an advisory opinion request regarding whether Joey Normand, Mayor of the Town of Brusly, may request a servitude reduction from the Town Council. |
|
Joey Normand, Mayor of Brusly, and his wife own a lot in the Orleans West Subdivision situated along Orleans Quarters Drive.
There is a 15' utility servitude along the north side of Orleans Quarters Drive. It is standard practice to provide this servitude along a public street for utilities. That being said, sewer, water, and telephone service lines are located on the south side of Orleans Quarters Drive. The only utilities on the north side are the existing power poles with overhead lines and an underground gas line. Each of these are located within the Orleans Quarters Drive right -of -way and were installed prior to the 15' utility servitude on Mayor Normand's lot.
When requested by another property owner along Orleans Quarters Drive, the Town Council reduced the servitude by 5 feet to coincide with the setback line, sometimes referred to as the building line. However, out of an abundance of caution, Mayor Normand's lot was excluded, pending a decision from the Board in this matter.
|
|
La. R.S. 42:1113 prohibits a public servant, a member of his immediate family, or a legal entity of which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of his agency.
La. R.S. 42:1102(11) provides that "governing authority" means the body which exercises the legislative functions of a political subdivision.
La. R.S. 42:1123(34) provides that a member of a municipal or parish governing authority in a parish or municipality with a population of twenty-five thousand persons or less according to the latest federal decennial census or a member of such elected official's immediate family or a legal entity in which he has a controlling interest shall not be precluded from making application for the approval of the subdivision or resubdivision of property and for the zoning of such property or for a building permit and any inspections performed pursuant thereto, provided that (a) the zoning of such subdivided property shall not be less restrictive than the zoning of the original parcel, (b) no variance or special exception from any planning or zoning regulation or requirement or any building code or permit shall be requested or granted, (c) the subdivision, resubdivision, or zoning of such property shall be for residential purposes only, (d) the application or applications submitted by or on behalf of the elected official, a member of his immediate family, or legal entity in which he has a controlling interest, collectively, shall be limited to the subdivision, resubdivision, or zoning of not more than twelve lots per calendar year and the construction of not more than twelve residential units per calendar year, (e) no public funds shall be used to construct any infrastructure for the use or benefit of such property or development, (f) the elected official shall file written notice containing all details regarding the transaction deemed necessary by the Board of Ethics with his governing authority and with the Board of Ethics no later than ten days prior to any hearing pertaining to any such application, or if no hearing is held pertaining to such application, shall file such notice at least ten days prior to final action on any such application, and (g) any such member of a governing authority shall recuse himself from any vote related to such application and shall not participate in any other aspect of the application or transaction.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Haley Williams |
|
|