Terrebonne Parish manager under fire for land deal

A Houma land developer told the Terrebonne Parish Council Wednesday night that he wants an opinion from the Louisiana Board of Ethics about a proposed 200-acre subdivision in northern Terrebonne Parish near H.L. Bourgeois High School being developed by the Terrebonne Parish manager and the former Terrebonne Economic Development Authority Board president.

Ronald Shaw, who sat on the parish’s Regional Planning Commission in the 1970s, wants the opinion because Parish Manager Barry Blackwell and former TEDA President Henry Richard are listed with the Louisiana Secretary of State’s office as members of Northpark, LLC, the subdivision’s developers.

Shaw claims a conflict exists because development of the land would need approval by the Houma-Terrebonne Regional Planning Commission, which, as a subdivision of parish government, is part of Blackwell’s administration.

“To get approved, the Planning Commission needs a recommendation from parish government,” he said. “Subdivision regulation is part of parish government.”

Before Shaw spoke to the council, Chairman Alvin Tillman asked why the matter was not first submitted to a council committee, where the issue could have been examined.

Shaw later said it was because issue like this “get buried too easily in committee. They’re not really interested in dealing with this.”

He asked the council to appoint an independent legal counsel to look into the conflict.

“Blackwell has a conflict of interest,” Shaw said. “What can you say? That’s why I asked for an independent legal counsel.”

“Blackwell, what he says is self-serving,” he added. “The absence of independent legal counsel – the public will have difficulty getting an accurate resolution.”

To Shaw’s dismay, the parish council voted to refer the matter to the Terrebonne Parish District Attorney’s Office.

From there, the District Attorney’s Office can send the question to the Louisiana Board of Ethics or to the state Attorney General’s Office for an opinion, said Council Clerk Paul Labat.

An opinion from the Louisiana Ethics Board can be obtained by Dec. 13, if a request is filed no later than Nov. 27.

Shaw also complained that Terrebonne Parish paid $5,000 for a feasibility study on a sewer pump station proposed for a site on or near the Northpark development.

The use of the pump station would be divided between Northpark, the proposed Rebecca Plantation development district, and an apartment developer from Alpharetta, Georgia, Shaw said.

“The preliminary design shows the lift station is in the middle of the property,” he said. “The council is paying $5,000 for the design – it’s a benefit.”

Shaw said all of the pump’s capacity would be committed, leaving out other development and allowing “no ability for others to get in.”

“This will create a monopoly on the access to the sewer lines flowing to (the) treatment facility,” he said, “restricting further development and increasing the property values of the favored three developers.”

“I respect Mr. Shaw’s right,” Blackwell told the council.

He said Northpark originally wanted to construct its own sewer pump station to service the subdivision.

“The pump was an after-the-fact occurrence,” he said. “We were well on our way to create our own independent pump station. What was the best way to get sewer? Build a lift station – build one instead of three or four.”

Blackwell said that no agreement was reached with the other landowners, and that no contracts exist.

“It’s a straightforward issue,” he said. “I have no problem moving forward with what the council wants.”

Councilman Clayton Voisin called Shaw’s complaint serious and recommended taking the issue to the Terrebonne Parish District Attorney’s Office for an investigation.

Blackwell said, “I would appreciate it. If you think something inappropriate is going on, get it before the D.A.”

In a Nov. 14 letter to the Terrebonne Parish Council, Blackwell wrote about Shaw’s complaints: “As to the remaining allegations of cronyism, conspiracy, collusion, etc., I have no knowledge of any wrongdoing on the part of any person, persons or Commissions identified in these assertions.

“The reason this person (Shaw) is attempting to tarnish the reputations of many of the Parish’s loyal employees, as well as volunteer Board and Commission members, is unclear to me.”

Mike Ordogne, parish pollution control administrator, said the parish allocated the $5,000 to study the sewer pump station near Northpark “to see what’s involved” and “how much could be charged to each developer.”

“We’re trying to build a station to serve a multitude of developments,” Ordogne said. “Three developers want to use one section of pipe. I proposed a major pump station with costs shared by each developer.”

Ordogne said he made the proposal for a larger pump station at a meeting held in May 2007 between him, Blackwell, Richard and Parish Utilities Director Tom Bourg.

The officials discussed costs involved with the pump, Ordogne said.

Bourg said that developers typically propose to build their own pump stations, which then connect to sewer systems.

At the May meeting, Richard presented a plan for a pump station to service his subdivision, Bourg said.

However, “Ordogne and I proposed a new concept to accommodate other developers,” he said. “We asked Milford and Associates – their engineers – to provide a concept that was paid for by those who utilized the station – multiple developments participating on a pro rata basis.”

“The traditional method is first come, first served,” he said. “This was an attempt on our part to use full capacity. But we’re inclined to go back to standard methods, that will limit capacity and cost more.”

Bourg said, at the meeting, the officials did not “completely discuss” whether the parish or the developers would pay to construct the pump station.

At Thursday’s Houma-Terrebonne Regional Planning Commission meeting, Northpark applied to the commission to subdivide its property.

Northpark wants to sell 19 acres of the property to a developer who plans to build apartments, land surveyor Keneth Rembert told the commission.

That transaction would leave the Northpark development with 180 acres of land, including frontage along Park Avenue, he said.

“He (Richard) would like to get approval on the 19 acres so he can sell to those who want to buy it,” Rembert said.

Richard told the commission, “We cut 19 acres out to make it available to sell.”

Shaw relayed to the commission his concern about a conflict involving parish officials.

“Richard, Blackwell are the developers,” he said. “The staff of parish government reports to Blackwell. This is the conflict I feel.”

Shaw told the commission to “reject” Northpark’s new development plan “because it’s piecemeal.”

“If not, delay it until the next meeting – until you get an opinion,” he said.

The commission later tabled the issue.

At the meeting, Pat Gordon, director of the Parish Department of Planning and Zoning, did not make any recommendation to the commission concerning Northpark’s application.

Gordon is part of the staff of the Planning Commission.

When asked by Commission Member Brad Doyle to say who told him not to make a recommendation, Gordon said Parish Attorney Courtney Alcock had instructed him not do so.

“That’s the first time you haven’t made a recommendation,” Doyle told Gordon. “I don’t believe that’s happened before. I take recommendations seriously. If legal counsel says that to Gordon, it gives me pause.”

Another commission member said that ethical problems could affect the commission in making decisions on any application.

Doyle then said, “Gordon could be tainted because – from a superior.”

“Shaw asked to see a staff recommendation before his getting up,” said Commission Member Daniel Babin. “When he was denied, he said it would affect what he had to say. I don’t have a problem with the ethics commission looking at it.”

But Commission Member W. Alex Ostheimer viewed the matter somewhat differently.

“I don’t see the relevance of the ethics issue to the application before us,” he said. “I was willing to move forward.”

Still, Ostheimer said, “It would be wise for the developer to come back with clarification.”

In an email to the Tri-Parish Times on Thursday, Richard wrote, “Consider the source of the allegations; could it be election time, could it be jealousy?”