CROWLEY, LOUISIANA
AUGUST 16, 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 she asked that Mr. Kenneth Carrier be remembered in attendants prayers 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
THOMAS BENOIT
FELTON MOREAU
ABSENT: A J CREDEUR
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Cade Benoit, to revise the agenda to consider an address by the Ward Six Drainage District, discussion on Kathy Lane Road and consider the matter related to the State of Louisiana vs. Lance Castille and Neville Matthews. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John Humble, Sr., to approve the Minutes of the August 2, 2005, Regular Police Jury Meeting. Motion carried.
APPOINTMENTS
RESOLUTION
BY MESSRS: CADE BENOIT AND ALTON STEVENSON
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 16th day of August, 2005, does hereby re-appoint DOUG CORMIER to Acadia Fire Protection District #6 for a two year term effective August, 2005.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 16th day of August, 2005, does hereby appoint MS. KAYLA LINK to fill the unexpired term of Ms. Sarah Hebert to the Acadia Parish Tourist Commission as the Crowley Chamber of Commerce representative effective August, 2005.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
COMMUNITY/ECONOMIC DEVELOPMENT
RESOLUTION
BY MESSRS: CADE BENOIT AND JOHN HUMBLE SR
ENDORSEMENT RESOLUTION FOR A COMPANY TO PARTICIPATE
IN THE ENTERPRISE ZONE PROGRAM
RESOLUTION STATING THE ACADIA PARISH POLICE JURY'S ENDORSEMENT OF FALCON RICE MILL, INC., TO PARTICIPATE IN THE BENEFITS OF THE LOUISIANA ENTERPRISE ZONE PROGRAM
WHEREAS, the Louisiana Enterprise Zone act of 1981, Act 901 was enacted by the Louisiana State Legislature, and Act 337 was enacted by the 1982 Legislature, Act 433 was enacted by the 1987 Legislature and Act 581 was enacted by the 1995 Legislature, and
WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for economic development to some of the most distressed areas in the Parish of Acadia, and
WHEREAS, the Louisiana Department of Economic Development designated Census Tract 9610, Block Group 005 or Economic Development Zone in Acadia Parish as an "Enterprise Zone or Economic Development Zone" eligible based on enabling legislation (R.S.51.21.1787-1791), and
WHEREAS, the Acadia Parish Police Jury states this endorsement is in agreement with the Overall Economic Development Plan for the Parish of Acadia, and
WHEREAS, the attached Enterprise Zone map has been marked to show the location of the business being endorsed, and
WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements the Acadia Parish Police Jury agrees:
1. To participate in the enterprise zone program.
2. To assist the Department in evaluating progress made in any enterprise
zone within its jurisdiction.
BE IT RESOLVED by the Acadia Parish Police Jury in due, regular and legal session convened this 16th day of August, 2005, that Falcon Rice Mill, Inc., and their project, acquisition of existing rice mill & storage area, State Application #050937-0 is endorsed to participate in the Louisiana Enterprise Zone Program.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed.
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Broussard, Jimmie Pellerin, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: A. J. Credeur.
ABSTAINED: None.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
FEDERAL/STATE FINANCIAL ASSISTANCE
RESOLUTION
BY MESSRS: CADE BENOIT AND ALTON STEVENSON
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 16th day of August, 2005, does hereby empower, authorize and direct the President to apply for a Rural Development Grant in the amount of $30,000 for the purpose of building improvements for Acadia Fire Protection District #2.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY MESSRS: CADE BENOIT AND ALTON STEVENSON
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 16th day of August, 2005, does hereby empower, authorize and direct the President to apply for a Rural Development Grant in the amount of $24,000 for the purpose of a parking lot expansion for the Acadia Parish Tourist Commission.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
FINANCE
The following resolution was offered by Mr. Jimmie Pellerin and seconded by Mr. Felton Moreau:
RESOLUTION
A Resolution approving the issuance, sale and delivery
of Four Hundred Forty-Three Thousand Dollars
($443,000) of Refunding Bonds, Series 2005, of Fire
Protection District No. 9 of the Parish of Acadia, State
of Louisiana, and other matters relating thereto.
WHEREAS, the Board of Commissioners of Fire Protection District No. 9 of the Parish of Acadia, State of Louisiana, by resolution adopted on August 1, 2005, authorized the issuance of Four Hundred Forty-Three Thousand Dollars ($443,000) of Refunding Bonds, Series 2005 (the “Bonds”), for the purpose of paying the cost of effecting a current refunding of the Issuer’s outstanding Certificates of Indebtedness, Series 2000, dated November 1, 2000, maturing serially on March 1 of the years 2006 through 2010, inclusive, in principal and accrued interest to their redemption date on the date of delivery of the Bonds, and paying the costs of issuance of the Bonds, under the authority conferred by Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.
WHEREAS, it is now the desire of the Police Jury of the Parish of Acadia, State of Louisiana, to approve the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Acadia, State of Louisiana (the “Police Jury”), acting as the governing authority of the Parish of Acadia, State of Louisiana (the “Parish”), that:
SECTION 1. In compliance with the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and in accordance with the request of the Board of Commissioners of Fire Protection District No. 9 of the Parish of Acadia, State of Louisiana (the “Issuer”), this Police Jury hereby approves the issuance of Four Hundred Forty-Three Thousand Dollars ($443,000) of Refunding Bonds, Series 2005 (the “Bonds”), of the Issuer, said Bonds to be issued under the authority and for the purposes stated in the preamble hereto.
SECTION 2. Neither the Parish nor this Police Jury shall be liable in any manner for the payment of the Bonds.
The foregoing having been submitted to a vote, the vote thereon was as follows:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Broussard, Jimmie Pellerin, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: A. J. Credeur
And the Resolution was declared adopted on this, the 16th day of August, 2005.
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John Humble, Sr., to authorize the advance of funds to pay law enforcement witness fees due. Motion carried.
RESOLUTION
BY MESSRS: ALTON STEVENSON AND JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 16th day of August, 2005, does hereby empower, authorize and direct the President to execute a Cooperative Agreement to support and administer Louisiana Cooperative Units off campus.
ADOPTED: AUGUST 16, 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 16th day of August, 2005, that the following millage(s) are hereby levied on the 2005 tax roll on all property subject to taxation by the Acadia Parish Police Jury:
TAXES ARE AS FOLLOWS TO-WIT:
Parish taxes on all property, except as provided
by the Constitution----------------------------------------- 4.25 Mills
Parish taxes, City of Crowley-------------------------------- 2.12 Mills
Parish taxes, City of Rayne---------------------------------- 2.12 Mills
Parish taxes, Town of Church Point-------------------------- 2.12 Mills
Parish taxes, Town of Iota---------------------------------- 2.12 Mills
Acadia Parish Library Tax (Maintenance)--------------------- 4.25 Mills
Acadia Parish Health Unit Maintenance----------------------- 2.12 Mills
Acadia Parish Road Maintenance Tax------------------------- 3.18 Mills
Cooperative Extension Tax---------------------------------- 2.12 Mills
Senior Citizen Programs Maintenance------------------------- 1.50 Mills
BE IT FURTHER RESOLVED that the proper administrative officials of the Parish of Acadia, State of Louisiana, be and they are hereby empowered, authorized, and directed to spread said taxes, as hereinabove set forth, upon the assessment roll of said Parish for the year 2005, and to make the collection of the taxes imposed for and on behalf of the District, according to law, and that the tax herein levied shall become a permanent lien and privilege on all the property subject to taxation as herein set forth, and the collection thereof shall be enforceable in the manner provided by law.
BE IT FURTHER RESOLVED that the foregoing Resolution was read in full, the roll was called on the adoption thereof, and the Resolution was adopted by the following votes:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Broussard, Jimmie Pellerin, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: A. J. Credeur.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
PERSONNEL
A motion was offered by Mr. Cade Benoit, seconded by Mr. Alton Stevenson, to authorize advertising for an Assistant Animal Control Officer and approve temporary help in the interim. Motion carried.
A motion was offered by Mr. Cade Benoit, seconded by Mr. John Humble, Sr., to authorize the request for proposals for employee group health insurance and further authorize the President to appoint an insurance review committee. Motion carried.
The President appointed the following individuals to serve on the Insurance Committee: Vice President A. J. Broussard, Personnel Chairman Cade Benoit, President Cecelia Broussard, Secretary-Treasurer Katry Martin and Payroll Clerk Ruby Allen.
PUBLIC FACILITIES/BUILDING & GROUNDS
A motion was offered by Mr. Alton Stevenson, seconded by Mr. Jimmie Pellerin, to approve a budget increase to repair Courthouse air conditioning in the amount of $7,000.00. Motion carried.
A motion was offered by Mr. Alton Stevenson, seconded by Mr. John Humble, Sr., to authorize the Secretary to negotiate the sale of property in the Crowley/Rayne Industrial park to J. B. A. Properties, LLC., at fair market value for the purpose of locating a small business enterprise. Motion carried.
PUBLIC WORKS/ROAD & BRIDGE
A motion was offered by Mr. Cade Benoit, seconded by Mr. John Humble, Sr., to approve drainage projects 2005-3, 4 and 5 in or on Atwood Acres, Treasure Road and North Crocker at an estimated cost of $1,876.00. Motion carried.
ORDINANCE #894
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON BECKET DRIVE IN ACADIA PARISH, LOUISIANA, AT A SPEED IN EXCESS OF TWENTY-FIVE MILES PER HOUR, AND, PROVIDING FOR THE PENALTIES FOR THE VIOLATION THEREOF.
SECTION 1. BE IT ORDAINED by the Police Jury of Acadia Parish, Louisiana, that it shall be unlawful for any person to operate or drive a motor vehicle in excess of twenty-five miles per hour on the following described Parish Road:
Becket Drive
SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle in excess of twenty-five miles per hour on the Parish road described above, shall be guilty of a misdemeanor, and upon conviction therefore, shall be fined not more than Fifty Dollars ($50) or be imprisoned not more than ten (10) days or both.
SECTION 3. BE IT FURTHER ORDAINED that any laws or parts of laws in conflict are hereby repealed.
The Ordinance was offered by Mr. Cade Benoit, and seconded by Mr. Alton Stevenson, after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Broussard, Jimmie Pellerin, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: A. J. Credeur.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. Cade Benoit, seconded by Mr. Felton Moreau, to approve the placement of special warning signs on Ellis Road. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. Cade Benoit, to authorize Aucoin & Associates to prepare a cost estimate to repair the bridge on Sonnier Road. Motion carried.
A motion was offered by Mr. Cade Benoit, seconded by Mr. Felton Moreau, to reject the Committee recommendation to table discussion relative to crop damage on Harmon Road. Motion carried.
A motion was offered by Mr. Cade Benoit, seconded by Mr. Alton Stevenson, to authorize payment in the amount of $303.75 for crop damage that was inflicted on property owned by Richard Dischler subject to written certification. Motion carried.
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Cade Benoit, to approve the Emergency Work Report for the months of June and July, 2005. Said expenditures to be in the amounts of $192.03 and $285.75, respectively. Motion carried.
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 16th day of August, 2005, does hereby authorize the President to execute right-of-way agreements with property owners along Horse Trot Road extension as provided for in the ordinance setting forth guidelines for accepting existing gravel roads into the maintenance system.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
ORDINANCE #895
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON DEER ROAD IN ACADIA PARISH, LOUISIANA, AT A SPEED IN EXCESS OF THIRTY-FIVE MILES PER HOUR, AND, PROVIDING FOR THE PENALTIES FOR THE VIOLATION THEREOF.
SECTION 1. BE IT ORDAINED by the Police Jury of Acadia Parish, Louisiana, that it shall be unlawful for any person to operate or drive a motor vehicle in excess of thirty-five miles per hour on the following described Parish Road:
Deer Road
SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle in excess of thirty-five miles per hour on the Parish road described above, shall be guilty of a misdemeanor, and upon conviction therefore, shall be fined not more than Fifty Dollars ($50) or be imprisoned not more than ten (10) days or both.
SECTION 3. BE IT FURTHER ORDAINED that any laws or parts of laws in conflict are hereby repealed.
The Ordinance was offered by Mr. John Humble, Sr., and seconded by Mr. Cade Benoit, after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Broussard, Jimmie Pellerin, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: A. J. Credeur.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. Cade Benoit, seconded by Mr. John Humble, Sr., to authorize Aucoin & Associates to expand the limits of patchwork with E. B. Feucht & Sons as needed in District 4. Motion carried.
Mr. Terry Istre, Vice President of the Sixth Ward & Crowley Drainage District, explained the board policy with regard to drainage obstruction and maintenance on ditches in the Sixth Ward. Mr. Istre noted that a request to cut a tree along the Center Ditch at Avenue E in Crowley approved by the Police Jury did not present a drainage problem.
Road Manager Robert Bergeaux indicated that the request was made due to a safety issue near homes. Mr. Istre also indicated that an abandoned bridge near Capitol Avenue was a Police Jury matter.
The Secretary provided correspondence from Lyle Fogleman, Jr., on behalf of the Seventh District Baptist Association where said entity recently purchased property at the intersection of West Ninth Street and Kathy Lane, a street recently abandoned by the Police Jury and the City of Crowley.
Mr. Fogleman, in his correspondence, noted that property adjacent to Kathy Lane was acquired for the purpose of development and application had been made to the City of Crowley Planning Commission. Mr. Fogleman requested that should the City of Crowley, along with the Seventh District Baptist Assocation, jointly petition the Police Jury to rededicate Kathy Lane Road to the City of Crowley for public access, would the Police Jury agree to do so?
The Secretary gave a brief history of the bridge located at the end of Kathy Lane Road.
RESOLUTION
BY MESSRS: CADE BENOIT AND FELTON MOREAU
WHEREAS, Kathy Lane Road located in the City of Crowley at the end of West Ninth Street was acquired by the Acadia Parish Police Jury for the purpose of accessing the bridge entering the Kathy Meadow Brooks Apartment, and
WHEREAS, upon abandonment of the bridge entering the complex the Acadia Parish Police Jury and the City of Crowley jointly abandoned interest to all public access to said bridge, and
WHEREAS, property adjacent to Kathy Lane Road known as Del-Heights Subdivision was purchased for residential development and application was made to the City of Crowley Planning Commission for approval.
WHEREAS, a request was made that should the City of Crowley along with the Seventh District Baptist Association jointly petition the Police Jury to rededicate Kathy Lane to the City of Crowley for public access would the Acadia Parish Police Jury agree to do so.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 16th day of August, 2005, does hereby agree to rededicate Kathy Lane Road for public use upon approval by the City of Crowley Planning Commission for the purpose of developing Del-Heights Subdivision.
BE IT FURTHER RESOLVED that the portion to be rededicated would include the entire length of Kathy Lane Road with an approximate length of 401 ft. ending at the bridge crossing the public drain.
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
SOLID WASTE/ENVIRONMENTAL
A motion was offered by Mr. A. J. Broussard, seconded by Mr. Cade Benoit, to approve the request to assist with debris removal at all Parish Fairs & Festivals in the form of roll-off containers. Motion carried.
ORDINANCE #896
TO ESTABLISH THE “GROUND WATER PROTECTION
ORDINANCE” AND DRINKING WATER PROTECTION
CRITICAL AREAS FOR THE PURPOSE OF PROTECTING
GROUND WATER FROM CONTAMINATION
Section 1 Title and Purpose
This ordinance, titled the Ground Water Protection Ordinance, establishes a zoning overlay district to be known as the Drinking Water Protection Critical Area.
The purpose of the Drinking Water Protection Critical Area is to protect ground water from contamination.
Section 2 Authority
The Drinking Water Protection Critical Area is an overlay district superimposed on the zoning districts in the Parish of Acadia, and shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Activities/facilities/uses must comply with the requirements of both the Drinking Water Protection Critical Area and any underlying zoning district.
Section 3 Definitions
ABANDONED WATER WELL. A well that’s use has been permanently discontinued; its pumping equipment has been permanently removed; the well is in such a state of disrepair that it cannot be used to supply water and/or has the potential for transmitting surface contaminants into an aquifer; the well poses potential health or safety hazards, or the well is in such a condition that it cannot be placed in the active, standby, or inactive status.
APPLICANT. Person or persons applying for a special permit for a facility within the Drinking Water Protection Critical Area.
ANIMAL FEEDLOT/DAIRIES. Defined as having 1,000 cattle or comparable “animal units” of other livestock.
AQUIFER. A water-bearing rock, sand or gravel layer that will yield water in a usable quantity to a well or spring.
CLASS I WELL. Wells used to inject hazardous wastes or dispose of non-hazardous industrial waste and treated municipal sewage below the deepest underground source of drinking water.
CLASS II WELL. Wells used to inject fluids associated with the production of oil and natural gas or fluids and compounds used for enhanced hydrocarbon recovery. These wells normally inject below the deepest underground source of drinking water (USDW) except in cases where the USDW contains producible quantities of oil or gas.
CLASS III WELL. Wells that inject fluids used in subsurface mining of minerals.
CLASS V WELLS. Wells not included in the other classes that inject nonhazardous fluid into or above an underground source of drinking water. (The seven major types of Class V wells include drainage wells, geothermal reinjection wells, domestic wastewater disposal wells, mineral and fossil fuel recovery related wells, industrial/commercial/utility disposal wells, recharge wells and miscellaneous wells. Class V injection wells also include all large-capacity cesspools and motor vehicle waste disposal wells.)
CONTAMINATION. The presence of a material that may cause or significantly contribute to a present or potential risk to human health, safety, welfare, or that is present in ground water resources or to the natural environmental such that it degrades the quality of the resource so as to constitute a hazard and/or impair its use.
DELINEATION. Determining the outline or shape of a drinking water protection area.
DRINKING WATER PROTECTION AREA. The area around a drinking water source, such as a well or surface water intake, such as delineated by the Louisiana Department of Environmental Quality as part of the Source Water Assessment Program. This area is shown on Source Water Assessment Program maps and contains the Drinking Water Protection Critical Area.
DRINKING WATER PROTECTION CRITICAL AREA. The zoning district defined to overlay other zoning districts in the Parish of Acadia. This district is defined as the area within a 1000 ft radial boundary from public or municipal drinking water wells that have been identified and mapped by the Louisiana Department of Environmental Quality as part of the Source Water Assessment Program. (Based on research, the natural breakdown and degradation of many contaminants beyond 1000 ft. reduces the risk of contaminants outside the critical area from reaching the well).
GROUND WATER. The water contained in the interconnected pores located below the ground in an aquifer.
HAZARDOUS MATERIALS. A material that may cause or significantly contribute to a present or potential risk to human health, safety, welfare, to ground water resources or to the natural environment.
OR
That is defined in the following categories:
Ignitable: A gas, liquid or solid which may cause fires through friction, absorption of moisture, or which has low flash points. Examples: white phosphorous and gasoline. Carcinogenic: A gas, liquid, or solid which is normally considered to be cancer causing or mutagenic. Examples: PCB’s in some waste oils. Explosive: A reactive gas, liquid or solid that will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate. Highly toxic: A gas, liquid, or solid so dangerous to man as to afford unusual hazard of life. Example: chlorine gas. Moderately Toxic: A gas, liquid or solid that through repeated exposure or in a single large dose can be hazardous to man. Corrosive: Any material, whether acid or alkaline, which will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.
OR
The following items listed below and by-products, reaction products, or waste products generated from the use, handling, storage, or production of these items. Acid and base cleaning solutions, antifreeze and coolants, new or used, arsenic and arsenic compounds, batteries, new and used, brake and transmission fluid, oils/greases, lubricants, brine solution casting and foundry chemicals, caulking agents and sealants, cleaning solvents, cutting fluids, degreasing solvents, disinfectants, electroplating solutions, explosives, fertilizers, food processing wastes, fuels and additives, glues, adhesives, and resins, greases, hydraulic fluid industrial and commercial janitorial supplies, industrial sludges and stillbottoms, inks, printing and photocopying chemical, laboratory chemicals, metal finishing solutions, oils (petroleum based), paints, primers, thinners, dyes, stains, wood preservatives, paint solvents, and paint removing compounds, pesticides and herbicides, plastic resins and catalysts, plasticizers, photo development chemicals, pool chemicals, roofing chemicals and sealers, solders and fluxes, tanning industry chemicals, transformer and capacitor oil/fluids.
IMPERVIOUS SURFACE. A surface covered by a material that is relatively impermeable to water.
INACTIVE WATER WELL. A well is considered to be inactive if it is not presently operating but is maintained in such a way that it can be put back in operation, with a minimum of effort, to supply water.
NORMAL HOUSEHOLD USE. Storage or use of a hazardous material in quantities less than 5 gallons if liquid or 50 pounds if solid.
PERSON. An individual, corporation, joint venture, incorporated association, public or private corporation, partnership, governmental body or other similar entity, public or private.
PROMISCUOUS DUMP. Any collection of solid waste either dumped or caused to be dumped or placed on any property either public or private, whether or not regularly used, and not authorized by the administrative authority (Louisiana Department of Environmental Quality).
PUBLIC WATER SUPPLY. A water supply that provides water through constructed conveyances to the public for at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily for at least sixty days per year. The water system may consist of one or more public supply wells.
SANITARY LANDFILL. A landfill for the disposal of commercial or residential solid waste by deposit in a landfill in layers covered with suitable cover material of a depth and at a frequency adequate to control disease vectors and odors, and in such a manner that minimizes the risk to human health and the environment.
SECURED STORAGE. Natural or created barrier to site ingress or egress around the entire perimeter of the hazardous materials storage area.
SOURCE WATER ASSESSMENT PROGRAM. Section 1453 of the Safe Drinking Water Act Amendment of 1996 required each state to develop a Source Water Assessment Program that will: delineate areas providing drinking water for all public water supplies (ground water and surface water) and inventory drinking water supplies for potential contaminants which may have adverse effects on human health.
WELL. Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for conveying ground water to the surface, monitoring ground water levels or other characteristics, providing cathodic protection, or providing a method of injecting water into the aquifer system from above the earth’s surface.
Section 4 Establishment and Delineation of the Drinking Water Protection Critical Area.
For the purposes of this district, there are hereby established within the Parish certain Drinking Water Protection Critical Areas. The Drinking Water Protection Critical Area is defined as the area within a 1000 ft. radial boundary from any public or municipal drinking water well that has been identified and mapped by the Louisiana Department of Environmental Quality as part of the Source Water Assessment Program. The maps are available for viewing at Office of the Acadia Parish Police Jury.
Section 5 Prohibited Uses
The following uses, unless granted a special exception, are prohibited within the Drinking Water Protection Critical Area: abandoned water wells, above ground storage tanks, agriculture chemical-formulation/distribution facilities, airports, animal feed lots/dairies, asphalt plants, auto/boat/tractor/small engine shops, battery recyclers, body shop/paint shops, car washes, cemeteries, chemical plants, class I injection wells, class II injection wells, class III injection wells, class V injection wells, dry cleaner/laundromats, funeral homes, furniture stripping facilities, golf courses, hospitals, lumber mills, metal plating/metal working facilities, military facilities, non-functional septic systems, nuclear plants, oil/gas wells and associated drilling activities, oil/gas tank batteries, oxidation ponds, paper mills, petroleum bulk plants, pipeline compressor stations, plant nurseries, port facilities, power plants, printing shops, promiscuous dumps, railroad yards-switching/loading and offloading/maintenance, salvage yards, sand/gravel pits, sanitary landfills, sewer lift stations, sewer treatment plants, truck terminals, underground storage tanks, wood preserving plants.
Section 6 Exceptions
Above ground storage tanks for irrigation wells.
It should be noted concerning the above exception that Best Management Practices are encouraged since placing an irrigation well with its associated above ground storage tank within 1000 feet of a public supply well increases the risk of contamination of the drinking water aquifer and also the zone of influence of each of the two wells may interfere with one another. Likewise, placing a public supply well within 1000 feet of an irrigation well is discouraged for the same reasons.
Any of the land uses, facilities or activities identified in Section 5 lawfully in existence on August 16, 2005, may continue to exist on the parcel upon which it is located. Replacement or repair will be granted.
A.) Uses and Activities Requiring Special Permit
The following uses and activities are permitted only upon the issuance of a special permit by the Acadia Parish Police Jury Environmental Committee under such conditions as there exists and undue hardship and as they may require:
1. Enlargement or alteration of existing uses that do not conform to the
Drinking Water Protection Critical Area;
2. Those activities that involve the handling of hazardous materials in
quantities greater than those associated with normal household use,
permitted in underlying zoning (except as prohibited in Section 5).
The burden is on the applicant to show undue hardship.
B.) Procedures for issuance of special permit
1. The Special Permit Granting Authority (SPGA) for this ordinance shall
be the Acadia Parish Police Jury Environmental Committee. Such
special permit shall be granted if the SPGA determines that the
intent of this ordinance, as well as its specific criteria, is met. The
SPGA shall not grant a special permit under this section unless the
petitioner’s application materials include, in the SPGA’s opinion,
sufficiently detailed, definite, and credible information to support
positive findings in relation to the standards given in this section.
2. The SPGA may grant the required special permit only upon finding
that the proposed use meets the prohibited uses standards as
specified in Section 5 of this bylaw, all federal, state, and local
regulations, and any regulations or guidelines adopted by the SPGA.
3. The applicant shall file two copies of a site plan and attachments.
The site plan shall be drawn at a proper scale as determined by the
SPGA. The site plan and its attachments shall at a minimum include
provisions to protect against the discharge of hazardous materials or
wastes to the environment due to spillage, accidental damage,
corrosion, leakage, or vandalism, including spill containment and
clean-up procedures; provisions for indoor, secured storage of
hazardous materials and wastes with impervious floor surfaces.
4. Appeals from denial of special permits shall be submitted in writing to
the Acadia Parish Police Jury (any appeal board, executive
committee of police jury, or other body) within thirty days of receipt
of denial. The Police Jury shall conduct a review and render a
decision within thirty days of receipt of appeal request. Adverse
decision of the Police Jury shall be appealed to the state district
court.
Section 7 Saving Clause
Should any section or provision of this ordinance be declared invalid, such decision shall not affect the validity of the ordinance as a whole or any other part thereof. A determination that any portion or provision of this overlay protection district is invalid shall not invalidate any special permit previously issued thereunder.
Section 8 Complaints
A.) Any person may submit a verbal or written complaint alleging a violation of this ordinance.
B.) Upon receipt of the complaint, the jurisdiction shall conduct a brief investigation of the substances of the complaint, including a meeting with the landowner involved.
C.) Based upon the determination that there is a violation of this ordinance, the jurisdiction shall conduct an attempt at informal reconciliation with the violator. As part of such informal reconciliation, the jurisdiction shall:
1. Notify the violator by mail of the violation of this ordinance and
desire of the jurisdiction to correct the violation through informal
reconciliation. The statement shall also indicate that should the
violator refuse to allow the recommended corrective actions within
the time set forth by the jurisdiction, action may be taken to
correct the violation and the violator will be billed for the cost of
taking the corrective action.
2. Make a good faith effort to meet the violator and resolve/correct
the violation.
D.) If after taking the steps above and after a period of 15 days following the mailing of the notice of the violation, the jurisdiction in good faith determines that the violator is unwilling to participate in informal reconciliation and take the corrective actions prescribed, the jurisdiction shall notify the violator by mail of the termination of the informal reconciliation.
E.) The jurisdiction may take corrective actions deemed necessary following 15 days after notifying the violator by mail of the notice of termination of the informal reconciliation, and bill the violator for the reasonable cost of such action.
Section 9 Enforcement
A.) Civil
This ordinance may be enforced civilly by suit for injunctive relief or by any other appropriate civil remedy.
B.) Criminal
In lieu of a civil enforcement proceeding, a person found in violation of this ordinance shall be imprisoned for a period of time not to exceed 6 months or pay a fine of not more than $1000 or both.
Effective Date: Ten days after being promulgated as provided in R.S. 33:1366.
The Ordinance was offered by Mr. John Humble, Sr., and seconded by Mr. A. J. Broussard, and after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Broussard, Jimmie Pellerin, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: A. J. Credeur
ADOPTED: AUGUST 16, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Jimmie Pellerin, to agree to the enrollment of Mr. Lance Castille and Mr. Neville Matthews in the District Attorney’s Pretrial Diversion Program pursuant to Case No. 05-121563-APSO. Motion carried with one descending vote cast by Mr. Felton Moreau.
The Secretary announced an Insurance Meeting would be held at 4:30 P.M., on Tuesday, August 23, 2005, in the Police Jury Office.
The President announced that the Ground Breaking Ceremony for the new Correctional Center Complex would be held Thursday, August 25th at the proposed site on Capitol Avenue.
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 SEPTEMBER 6, 2005, AT THE HOUR OF 6:30 P.M.
QUICK REFERENCES
MEETING AGENDAS
Email the Web Administrator