PUBLIC HEARING
It was announced by the President that notice had been given that the Acadia Parish Police Jury would hold a public forum on Tuesday, April 5, 2005, at 6:00 P.M., Police Jury Meeting Room, Courthouse Building, Crowley, Louisiana, to receive public comments on proposed changes to Ordinance No. 881 to redefine a residential district as it pertains to the regulating of loud and unusual noises.
Mr. Burleigh Doga, representing Harold and Diane Miller, stated the issue of changing the Noise Ordinance was over a dispute from running an irrigation well. Coincidentally the Ordinance was then amended and now noises are only regulated in subdivisions.
Mr. Doga noted that ordinances in other parishes do not come close to the changes that were made to the Parish Ordinance and they were not aware of problems with enforcement of the Ordinance prior to the changes.
Mr. Doga requested, on behalf of the Millers, that the Ordinance be amended back to its original form. Mr. Doga further suggested that rewording the Ordinance could solve the problem between parties and it was not necessary to amend out areas that were currently being covered. Now some people had no protection under the noise act.
President Broussard asked whether legal action was in progress prior to the amendment.
Juror Felton Moreau asked if citations had been issued on the subject of loud noises.
Mr. Larry Regan asked if the irrigation well in question had been established prior to the residential units.
Juror Moreau suggested that farmers should not be told what to install on irrigation wells and that the matter between parties was civil in nature.
Juror A. J. Broussard noted that if the noise issue was brought up because of a feud then the Jury should not get involved.
Juror John Humble, Sr., asked for possible solutions.
Legal Counsel Burleigh Doga suggested properly muffling of the irrigation well would help.
He also stated that Lafayette Parish’s Ordinance was much more detailed.
Juror Humble‘s comments were based on past experience with power units.
Juror Jimmie Pellerin suggested that the Ordinance was adopted since 1998 and if it were a problem other complaints would have been filed.
Mr. Billy Crochet, owner of an irrigation well in the vicinity of the Miller’s residence, stated that he installed a combine engine that did not come with mufflers and that a muffler on this engine would not help.
The noise question was investigated in 2002 and no violation was issued.
Mr. Crochet hired his own environmental consultant to take noise readings in the vicinity.
President Broussard indicated that Sheriff’s Deputies decide how the area in question would be defined.
Mr. Brian Benoit, Environmental Consultant for Mr. Billy Crochet, indicated that the decibel reading was 79 at the irrigation well and 69 161' away. Mr. Benoit noted what EPA readings of household appliances were.
The President asked Mr. Crochet if there was anything that could be done to quite the water well engine?
Mr. Crochet answered in the negative.
Ms. Effie Daigle, a resident near the irrigation well in question, had no problems with the noise.
Ms. Becky Boudreaux offered comments relative to the Noise Ordinance. Ms. Boudreaux indicated that she lived next to wood shaving operations. She indicated that a lot of noise was being made by trucks passing and front-end loaders. She felt that the time constraints on the Noise Ordinance were unreasonable. She requested that the conditions set forth defining subdivisions be changed back to its original form.
County Agent Dr. Ron Levy indicated there were a lot of concerns for changing the Ordinance back that it would restrict agricultural activities.
Juror A. J. Credeur referenced the Right to Form Act and that local law could not supersede the State law.
Juror A. J. Broussard indicated that he met with several farmers in the area.
Mr. George Guillory noted that insulating some of these irrigation wells would be impossible and that agriculture was the back bone of the Parish.
Mr. Blaine Koch stated that there were better things to do than sit here and consider further changes to the Ordinance. He referenced “the not in my back yard syndrome” with reference to farming activities. He indicated that people who moved to the country could get excessive in requesting changes that would benefit them. He felt that it was good to define subdivisions as the Jury has in the amended Ordinance.
Mr. Gerald Frey, local farmer, indicated that he met with several people and that they were in favor of the changes that were made to the Ordinance.
Mr. Chris Caluette noted that he built close to a water well but had no complaints. People who move in the country should understand what country living is all about. He commended the Jury for the changes to the Ordinance.
THERE BEING NO COMMENTS TO COME BEFORE THE JURY, THE PRESIDENT ADJOURNED THE PUBLIC HEARING.
CROWLEY, LOUISIANA
APRIL 5, 2005
THE ACADIA PARISH POLICE JURY met on the above date at 6:30 p.m., in the Police Jury Meeting Room, Courthouse Building, Crowley, Louisiana, in regular session with the President, Cecelia Broussard, presiding. At the request of the President, a moment of silence was offered and the Pledge to the Flag was recited in unison. The roll was called and final attendance was recorded as follows:
ALTON STEVENSON
A J BROUSSARD
JOHN HUMBLE SR
CECELIA BROUSSARD
JIMMIE PELLERIN
A J CREDEUR
THOMAS BENOIT
FELTON MOREAU
A motion was offered by Mr. A. J. Credeur, seconded by Mr. Alton Stevenson, to revise the agenda to consider the purchase of drainage culverts. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. A. J. Credeur, to approve the Minutes of the March 15, 2005, Regular Police Jury Meeting. Motion carried.
FINANCE
RESOLUTION
BY MESSRS: JOHN W HUMBLE SR AND A J CREDEUR
WHEREAS, the Acadia Parish Police Jury advertised for an oil, gas and mineral lease as provided by law for all of the oil rights in and to any highways, rights-of-way, streets, roads, lanes and alleys or other lands owned by and not presently under mineral lease from the Acadia Parish Police Jury, Acadia Parish, Louisiana in the following described property:
That certain tract or parcel of land containing 8.448
acres, more or less, being situated in Irregular Sections
52, 53 and 54, Township 7 South, Range 2 East,
Acadia Parish, Louisiana, being further known and
described as State Highway No. 35 and a portion of
State Highway No. 95 (also know as Main Street in the
Town of Church Point, Louisiana), as outlined in red on
the plat attached hereto, together with and including
all of Lessor’s rights, title and interests in and to any
rights-of-way, servitudes and drainage ditches
adjacent to or traversing across the hereinabove
described tact of land.
WHEREAS, the following bid of CSC Interests Inc. was the sole bid received:
For a three (3) year lease.
BONUS: $3,505.92 (Three Thousand Five Hundred Five and 92/100
Dollars).
DELAY RENTAL: $1,752.96 (One Thousand Seven Hundred Fifty-Two and
96/100 Dollars).
ROYALTY: 1/4 of all the oil, gas and all other minerals produced and
saved. 1/4 of all gas produced and saved or utilized, but not
less than 1/8th, and 1/4 of all other liquid or gaseous minerals
in solution and produced with oil and gas and saved or utilized
but not less than 1/8th.
PRIMARY TERMS: Three (3) years.
WHEREAS, after careful consideration it is the opinion of the Police Jury that the bid is satisfactory.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened this 5th day of April, 2005, that the bid of CSC Interests, Inc., for said oil, gas and mineral lease is hereby accepted, and
BE IT FURTHER RESOLVED that the President is hereby authorized to sign the oil, gas and mineral lease as herein approved in behalf of the Acadia Parish Police Jury, and
BE IT FURTHER RESOLVED that a completed copy of said lease be sent to the Louisiana State Mineral Board for its approval.
ADOPTED: APRIL 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY MESSRS: A J CREDEUR AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 5th day of April, 2005, does hereby authorize the President and Secretary to advertise in the Official Journal of the Parish for the following purchases and/or services:
Gravel Lubricants
Grader Blades Lumber
Concrete Pipe Expanded Clay Aggregate
Cold Mix Emulsified Asphalt
Corrugated Metal Pipe Contract Labor
Herbicide Limestone
Sand Official Journal
White Goods Limestone/Asphalt Mix
Crushed Concrete Fuel
BE IT FURTHER RESOLVED that sealed bids will be received by the Administrative Office of the Acadia Parish Police Jury until 10:00 A.M., on Monday, May 9, 2005.
BE IT FURTHER RESOLVED that the Police Jury reserves the right to reject any and all bids or to accept any bid(s) which in the opinion of the Jury will be to the best interest of the Parish of Acadia.
ADOPTED: APRIL 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
LEGISLATION
No action was taken relative to amending Ordinance No. 881 regulating Loud and Unusual Noises.
President Broussard noted that considering changes to the Ordinance was not intended to interrupt farming activities.
PUBLIC FACILITIES/BUILDING & GROUNDS
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 5th day of April, 2005, does hereby empower, authorize & direct the President to execute Change Order No. 1 for Midfield Stub Taxiway “E” at the LeGros Memorial Airport reflecting an under run of Five Thousand Five Hundred Seventy and 60/100 (-$5,570.60) Dollars with H & S Construction Co., for an adjusted contract price of One Hundred Fifty Thousand Four Hundred Thirty-three and 40/100 ($159,433.40) Dollars.
ADOPTED: APRIL 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
SOLID WASTE/ENVIRONMENTAL
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND ALTON STEVENSON
WHEREAS, permit holders for Type II disposal facilities, pursuant to Title 33 Part VII Section 727.A.2, shall establish and maintain financial assurance for closure and post-closure care, and
WHEREAS, a permit holder may satisfy the requirements of this section by establishing a closure trust fund as provided therein.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 5th day of April, 2005, does hereby authorize the establishment of a Solid Waste Facility Trust Agreement in the amount defined in Section 727.A.2.b and outlined in Schedule A of the agreement, for the purpose of maintaining financial assurance for closure and post-closure care of the Acadia Parish “Type II” Sanitary Landfill as set forth in Title 33 Part VII Section 727 A.2.d. (Environmental Regulatory Code).
BE IT FURTHER RESOLVED that the President be empowered, authorized and directed to execute for and on behalf of the Acadia Parish Police Jury a Solid Waste Facility Trust Agreement between the Parish “Grantor” and the Bank of Commerce & Trust Co., Inc., Crowley “Trustee” for the benefit of the Louisiana Department of Environmental Quality.
ADOPTED: APRIL 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND ALTON STEVENSON
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 5th day of April, 2005, does hereby authorize Mader Engineering to submit a minor Modification for the purpose of establishing the methods of closure and post-closure assurances.
ADOPTED: APRIL 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. Felton Moreau, seconded by Mr. A. J. Credeur, to authorize the purchase of one 96" and one 72" pipe to be installed under Eugene Dupuis and Mamou Prairie Roads in the amount of $7,429.00. Motion carried.
LITIGATION
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Alton Stevenson, to adjourn into executive session to consider matters relative to Michael Boudreaux vs. Acadia Parish Police Jury #82521 and Acadia Parish Police Jury vs. K.A.S. Construction et al. #80137-I.
The following roll call vote was cast: Yeas: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia Broussard, Jimmie Pellerin, A. J. Credeur, Cade Benoit and Felton Moreau. Nays: None. Motion carried.
The Jury reconvened following executive session and no formal action was taken.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE MEETING, THE MOTION WAS OFFERED DULY SECONDED, THAT THE MEETING ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED MEETING OF APRIL 19, 2005, AT THE HOUR OF 6:30 P.M.
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