News -> INDReporter FRI, OCT 28 10:28AM by Heather Miller

Waste station ordinance heads for law books

Without City-Parish President Joey Durel’s signature, the controversial City-Parish Council ordinance blocking construction of a waste facility on Sunbeam Lane will go into effect Saturday.

In a memo sent to the City-Parish Council clerk Friday morning, Durel tells the council that he will not veto the ordinance, “even though my conscience tells me to do otherwise.”

“Given that the council’s vote on this ordinance was unanimous, it seems that a veto would be a futile gesture that would force a useless, contentious and divisive override session of the council,” he says in the memo. “And ... anything said in that override session could be used against us in a lawsuit. I know you have to make extremely tough decisions, and I feel for you when they are emotionally charged. In this instance, my only ability to strongly disagree with this vote is simply not to sign the ordinance, reluctantly allowing it to become law.”

City residents on Sunbeam Lane began publicly opposing the facility in early October, roughly nine months after waste company IESI started the permitting process through LCG’s Planning, Zoning and Codes Department. The site is adjacent to a residential area of north Lafayette, but because the property is in a small pocket of unincorporated Lafayette Parish with no zoning regulations, PZC could not deny the permit.

In response, the City-Parish Council unanimously supported an ordinance by District 3 Councilman Brandon Shelvin that revoked the project’s permits, despite warnings from LCG’s legal counsel that doing so would result in millions of dollars in civil damages and a lengthy legal battle with the trash company. The company’s owners have already publicly said they plan to sue if the permit is revoked, maintaining they’ve already put more than $1 million into the project.

Durel’s been mum on the controversy since its inception, but Friday’s message to the council was loud and clear.

“I worry about what message this council has sent to property owners and potential employers,” Durel says in the memo. “I worry about what precedent has been set and its impact on future development in the parish. But mostly, I worry about what this decision could cost the taxpayers. This issue, created in part by a lack of regulations, which could have been addressed by previous parish councils, has now become a matter placed into the lap of this government. It should also be pointed out that, because we are ‘consolidated,’ the people in the city will likely carry much, if not most of the burden of what would be only a ‘parish’ issue under a different form of government.”

Read the full memo here.


Comments (16)add
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written by Jerry Reid , October 28, 2011 - 04:26 pm
Im so glad Mr Durel has done the right thing for the people of Lafayette. It was the right thing to do! I thank you for that Mr Durel! I think the City of Lafayette should buy the property and build something like a park or use it for their needs. Im just glad he did the right thing!!!
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written by Ophelia 46 , October 28, 2011 - 08:56 pm
To avoid these problems in the future, the city should look into annexing all the unincorporated islands. Under state law, there is a way to do this, if the property in question is mostly surrounded by city (incorporated) areas. A case would have to be made in court, but it would be worth making the effort. This would offer protection to the property owners in those areas against these types of problems, and would benefit the city, since services are probably already being provided in many cases. It's past time to move on this.
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written by the original northsidian , October 28, 2011 - 10:09 pm
Ophelia: It's to simple for them to do this. Look how long the City sat on it's hands while Broussard annexed all of the prime properties. Now people can say what they want about Broussard but, they are agressive on annexing. Lafayette has gotten left in the dust!!
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written by the original northsidian , October 28, 2011 - 10:12 pm
The reason Durel is upset is this: The council caught him in a trick-bag!

As they say "FOLLOW THE MONEY"
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written by ragin_cajun , October 28, 2011 - 11:11 pm
"the city should look into annexing all the unincorporated islands. "

Isn't "consolidating" the unincorporated areas with city government the next best thing to annexing them? Whether Sunbeam Lane is in "the city" or in "the parish" makes NO difference. The waste company went to the same government building to get the permits.

If this had been in the City, or if it were in the Parish and we were deconsolidated doesn't matter. Whether Durel was the Parish President, or the City Mayor, or whatever you call him, the fact still remains that PZC, under HIS administration did not act properly. And, it turns out that PZC acted improperly in a way that helps out a friend of Durel.

Now that's some "sizzle on that steak". BWAH-HA-HA-HA-HA.
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written by NORTHSIDIAN SHOTGUN ll , October 29, 2011 - 01:35 am
Joseph P DURAT, NEEDS TO COVAH HIS BUTT. THIS COULON HAS NO IDEA WEHEN TO SAY NO TO HIS CRONYS, AS ALL POLITICOS, jOEY DArat tryin to sneak the cheese to his cronys, its time for joey to start covering his ass, election time is around the corner, and doc stewhaid you ain't seen nuttin yet, coulon !
You can't count on Harson or the tunnel vision sheriff , guess the FBI will have to take joey, dee, AND THE CRONYS HEADMEISTER ZOOOOOSCHLAG, book em dano .
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written by NORTHSIDIAN SHOTGUN , October 29, 2011 - 03:18 am
You've learned very well Son, and someday all this will be yours, be sure you throw joey's chirin's a bone eh ?
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written by historyonyx , October 29, 2011 - 01:11 pm
The waste company took a really big risk to begin building and they lost. Plain and simple. If they were not even properly formed and did not get all their permits, shame on them. No liability for the city. It's their own failure and stupid gamble thinking people wouldn't revolt because it looked like "a done deal". Ha! SURPRISE!!
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written by LafayetteForUs , October 30, 2011 - 12:30 pm
Please do a little research into this matter before repeating the unsubstantiated claims of millions in possible damages that the city/parish could be forced to pay.

* There are no possible damages other than those incurred AFTER the permit was issued on September 19, 2011.
* The only expenditures from that point on were land clearing and pouring a slab, hardly millions.
* The claim Hebert made about 'millions', which papers are irresponsibly reporting without looking into, is nonsense. He cites lost profits due to the city's actions and supports his threat with a reference to a lawsuit by a Catholic Church's successful claim that they should be reimbursed replacement cost instead of depreciated value on a low income housing loss
* The land was bought before the permit was issued, so there is NO POSSIBLE WAY the city could even be forced to buy the land back.
* There were multiple errors in the permitting process and violations by Waste Facilities that will give the city/parish ample justification for withdrawing it.

If you're going to report on Hebert's and Waste Facilities' baseless threats, at least have the professional integrity to ask an attorney who does not stand to gain from the project offer an unbiased opinion. After they stop laughing, they'll explain why there is no chance of a multi-million dollar judgment.
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written by the original northsidian , October 30, 2011 - 04:50 pm
Hebert & Jo-Jo do what their handlers tell them to do. And the handlers are deeply involved in this venture. Hopefully the city gets a real lawyer to handle the case. And, LafayetteForUs: Thank you for the REAL information!!
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written by BoFred , October 31, 2011 - 09:32 am
This situation stinks all right. Its the smell of you scratch my back, I'll scratch yours. I sure do hope this case goes to court, if only to expose any "brother in law" deals, any friendly meetings or associations which might have a "perception of imprpriety", as they say. If all that land swapping, & I don't mean it literally, really took place, I sure would be interested in transcripts of the depositions. This should generate way more attention than the bus depot debacle. The public is not as asleep as they seem. Just as there was much discussion over the prop tax, there is much discussion on what this waste facility is really about. And while I'm not a tea bagger, I sure hope they're taking a good look at this one.
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written by ragin_cajun , October 31, 2011 - 02:01 pm
"while I'm not a tea bagger, I sure hope they're taking a good look at this one. "

So, you'll insult them and use the perjorative when you talk about them, but you hope they do what you want them to do? As I'm sure Walter and the other writers at theIND can attest, it takes A LOT of time to "take a good look" at things like this. Your government officials are paid a salary and work full time at exploiting their office and building influence. As soon as a group of part-time volunteers finds about one scheme, 3 more pop in their place. It never ends.

Small groups of part time volunteers with no pull and no money have very little time to devote to in-depth investigations of corruption. They are not the appropriate vehicle for investigations like this.

If you think that someone needs to "take a good look at this one", then YOU need to act. Call your DA, your State Ethics Board, you local newspapers and demand that they do what they ALREADY get PAID to do. LOOK INTO CORRUPTION and INFLUENCE PEDDLING.

If none of those institutions are performing to your satisfaction, and you REALLY believe that a local volunteer grass roots organization, with no money and very little time, is the only option left to you...then YOU need to donate some time and money and help with the WORK that is involved.

The ENTIRE problem with this country, from top to bottom, is that damn near everyone in it thinks it's somebody else's responsibility to do whatever it is they think needs to be done.

Why don't YOU do it?!
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written by BoFred , October 31, 2011 - 05:04 pm
Ease up on the caffiene.

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written by ragin_cajun , October 31, 2011 - 05:48 pm
carry your own water.
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written by NORTHSIDIAN SHOTGUN , November 02, 2011 - 09:33 pm
AYE RAGIN-CAJUN, lets do it, CHALLENGE, I got the money iffen ya got the balls ? Any Other Takers ?
The tea Partiers have'nt the guns or ammo for a good fight, what ya say ? Ragin-Cajun, Walter, Mebbe, I am not the brightest burning bulb in the chandelier. But Bud, CAN I FIGHT ? JEEZE tell em, Original Northsidian, ya wanna do em ?
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written by Jerry Reid , November 04, 2011 - 11:55 pm
And in the long run the City of Lafayette buys the property here on Sunbeam Lane! Now thats better! Money well spent!!!
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