CROWLEY, LOUISIANA
JULY 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. Alton Stevenson, seconded by Mr. John Humble, Sr., to amend the agenda to discuss the condition of Rue Francis. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John Humble, Sr., to approve the Minutes of the May 27, 2004, Special Meeting, the October 12, 2004, Special Meeting and the June 21, 2005, Regular Police Jury Meeting. Motion carried.
ELECTIONS
The following Resolution was offered Mr. Felton Moreau, seconded by Mr. A. J. Credeur:
RESOLUTION
A Resolution approving the holding of an election in Bayou
des Cannes-Nezpique Gravity Drainage District of the Parish
of Acadia, State of Louisiana, on Saturday, October 15,
2005, to authorize the renewal of a special tax therein.
WHEREAS, the Board of Commissioners of Bayou des Cannes-Nezpique Gravity Drainage District of the Parish of Acadia, State of Louisiana (the “Governing Authority”), acting as the governing authority of Bayou des Cannes-Nezpique Gravity Drainage District of the Parish of Acadia, State of Louisiana (the “District), will adopt a resolution on July 13, 2005, calling a special election in the District on Saturday, October 15, 2005, to authorize the renewal of a special tax therein; and
WHEREAS, the governing authority of the District has requested that this Police Jury, acting as the governing authority of the Parish of Acadia, State of Louisiana, give its consent and authority for the District to hold the aforesaid election, and in the event that the election carries to continue to levy and collect the special tax provided for therein; and
WHEREAS, as required by Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, it is now the desire of this Police Jury to approve the holding of said election and in the event that the election carries, to continue to levy and collect the special tax provided for therein.
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Acadia, State of Louisiana, acting as the governing authority of said 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 Bayou des Cannes-Nezpique Gravity Drainage District of the Parish of Acadia, State of Louisiana, this Police Jury hereby approves the holding of an election in the District, on Saturday, October 15, 2005, at which election there will be submitted the following proposition, to-wit:
PROPOSITION (TAX RENEWAL)
SUMMARY: 10 YEAR, 8 MILLS PROPERTY TAX RENEWAL
FOR MAINTAINING AND/OR OPERATING THE DISTRICT’S
DRAINAGE WORKS.
Shall Bayou des Cannes-Nezpique Gravity Drainage District
of the Parish of Acadia, State of Louisiana (the “District”),
levy a special tax of eight (8) mills on all the property
subject to taxation in the District, for a period of ten (10)
years beginning with the year 2006 and ending with the
year 2015, for the purpose of maintaining and/or operating
the District’s gravity drainage works?
SECTION 2. In the event the election carries, this Police Jury does hereby further consent to and authorize the District to continue to levy and collect the special tax provided for therein.
This resolution 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, A. J. Credeur, Cade Benoit and Felton
Moreau.
NAYS: None.
ABSENT: None.
And the Resolution was declared adopted on this, the 5th day of July, 2005.
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
PERSONNEL
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND A J CREDEUR
WHEREAS, Act No. 204, Regular Session, Louisiana Legislature of 1952 (LA R.S. 42:1001-1011 as amended by Act 280 of 2004) established procedures whereby members of retirement system(s) in political subdivisions of the State of Louisiana may obtain Hospital Insurance-Medicare only coverage (“Medicare”), and
WHEREAS, the Acadia Parish Police Jury desires to offer Medicare coverage to its eligible employees.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 5th day of July, 2005, does hereby adopt the following Resolution:
SECTION 1. It is hereby declared to be the policy and purpose of the Acadia Parish Police Jury to extend the provisions of Section 1, Act 204, 1952 Regular Session, as amended by LA Act 280 of 2004, providing Medicare coverage to eligible officers and employees of the Acadia Parish Police Jury.
SECTION 2. In pursuance of said policy, the Acadia Parish Police Jury requests the State Treasurer’s Office to conduct a divided vote referendum, under Section 218(d)(6) of the Social Security Act, for employees hired before April 1, 1986, who are members of the Parochial Employees Retirement System (LASERS). The divided vote referendum will be conducted pursuant to applicable State and Federal laws and regulations for the purpose of allowing eligible employees the option of paying the Medicare-only tax.
SECTION 3. The President of the Police Jury, Cecelia S. Broussard, is hereby authorized and directed to execute an agreement with the State of Louisiana to secure Medicare coverage of eligible officers and employees as provided in Section 1 hereof.
SECTION 4. The coverage of eligible officers and employees shall be effective as of October 1, 2003, for the employees who voted “Yes” in the divided vote Medicare referendum.
SECTION 5. Withholdings from salaries or wages of officers and employees for the purposes provided in Section 1 hereof of this resolution are hereby authorized to be made in the amounts and at such times as may be required by applicable State and Federal laws and regulations, and shall be paid to the Internal Revenue Service, in such amounts and at such times as are designated in IRS Code 3121(b)(7)(E) and 3126.
SECTION 6. Employer contributions shall be paid from amounts appropriated for such purposes to the Internal Revenue Service in accordance with applicable Federal laws.
SECTION 7. The Acadia Parish Police Jury shall maintain such records and submit such reports as may be required by applicable State and Federal laws or regulations.
SECTION 8. This resolution shall take effect and be in full force from and after its passage.
ADOPTED: JULY 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
PUBLIC FACILITIES/BUILDING & GROUNDS
RESOLUTION
BY MESSRS: ALTON STEVENSON AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 5th day of July, 2005, does hereby authorize the purchase of one 757 Mid ZTRAC 60" Deck Mowing Machine under State Contract #405699 at a total cost of $7,321.17.
ADOPTED: JULY 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
The Secretary-Treasurer presented a comprehensive report on the plan to fund the Correctional Center Complex Project. The Secretary advised that contracts to lease space for 60 inmates could provide the necessary revenue to retire additional debt to supplement the funding of the project.
The Secretary indicated that the Sheriff provided written confirmation of his intent. The Secretary also thanked those who were involved in the planning and development of the project.
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 July, 2005, does hereby authorize Legal Counsel, Parish Bonding Attorney and Staff to negotiate local term housing contracts in order to secure a debt service revenue stream to retire excess revenue bonds in the amount of $1,500,000.00.
ADOPTED: JULY 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 amend the 2005 Budget and remove $719,000.00 from the sale of assets. Motion carried.
A motion was offered by Mr. Cade Benoit, seconded by Mr. John Humble, Sr., to authorize the Parish Bonding Attorney to prepare a $1,500,000 Bond Issue and coordinate the sale of said bonds with the construction schedule for the Correctional Center Complex. Motion carried.
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND ALTON STEVENSON
WHEREAS, the Acadia Parish Police Jury advertised and received bids for the construction of a new Correctional Center Complex.
WHEREAS, the bids received were as follows:
BIDDER BASE BID BASE BID -ALT. #1 BASE BID-ALT. #1 & #2
Lewing Construction Co. $6,430,000 $6,129,000 $4,669,000
M. D. Descant, Inc. $6,467,000 $6,317,000 $5,057,000
BEO Contractors, Inc. $6,689,000 $6,528,139 $5,210,849
Bessette Development $6,825,000 $6,685,000 $5,436,000
Woodrow Wilson Const. $6,950,000 $6,800,000 $5,491,000
WHEREAS, the Acadia Parish Police Jury wishes to exercise their right to deduct Alternate #1 from the Base Bid.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 5th day of July, 2005, does hereby accept the bid submitted by Lewing Construction, Co., consisting of the base bid less Alternate #1 in the amount of Six Million One Hundred Twenty-nine Thousand ($6,129,000.00) Dollars for the Correctional Center Complex.
BE IT FURTHER RESOLVED that the President of this Police Jury be and she is hereby empowered, authorized and directed to execute a contract with Lewing Construction, Co., on behalf of, in the name and under the seal of the Acadia Parish Police Jury relative to said project.
ADOPTED: JULY 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
PUBLIC WORKS/ROAD & BRIDGE
ORDINANCE #892
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON SECRETARIAT ROAD 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:
Secretariat Road
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. Jimmie Pellerin, 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, A. J. Credeur, Cade Benoit and Felton
Moreau.
NAYS: None.
ABSENT: None.
ADOPTED: JULY 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
ORDINANCE #893
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON RACE TRACK ROAD 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:
Race Track Road
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. Jimmie Pellerin, 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, A. J. Credeur, Cade Benoit and Felton
Moreau.
NAYS: None.
ABSENT: None.
ADOPTED: JULY 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. Alton Stevenson, to amend the Solid Waste Surplus Budget in the amount of $175,000.00 to provide for the purchase of one new Hydraulic Excavator and further authorize the Road Manager to advertise for bids for the same. Motion carried with one no vote cast Mr. A. J. Broussard.
Legal Counsel Doug Wimberly advised that the Parish Engineer would review the available plats relative to the location of North Crocker Street as it relates to the bridge crossing the drain ditch north of Midland. He indicated that Ryan Hebert placed the marker at the corner of Marceaux property.
Juror John Humble, Sr., advised that the Hoffpauir family asked that the road be kept open.
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Felton Moreau, to authorize the Parish Engineers to review property layout as it relates to the location of easements accessing the bridge and rights-of-way north of Midland. Motion carried.
Residents of Rue Francis requested information relative to the next phase of road improvements inquiring as to when to expect roads, particularly Rue Francis, to be hardsurfaced. She advised that the road was in poor condition.
A motion was offered by Mr. Cade Benoit, seconded by Mr. John Humble, Sr., to authorize improvements under the current maintenance program as needed to Rue Francis. Motion carried.
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Jimmie Pellerin, to amend the agenda to consider authorizing the Parish Road Engineer Karl Aucoin to proceed with the prioritization program. Motion carried.
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 July, 2005, does hereby authorize Aucoin & Associates to prepare the priority listing for further capital improvements as part of Phase IIIB project work.
ADOPTED: JULY 5, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. Alton Stevenson, seconded by Mr. Cade Benoit, to cancel the July 19, 2005, Regular Police Jury Meeting as it conflicts with the National Association of Counties Convention and further cancel Committee Meetings scheduled for July 12, 2005. Motion carried.
COMMENTS FROM THE PUBLIC
Mr. Edward Prejean, a Rayne area resident, complained about trash being thrown next to his property on Meche Road.
Juror Jimmie Pellerin explained the situation in more detail. He advised that the problem should be corrected.
Mr. Jack Hoffpauir commented on the bridge crossing at the North Crocker extension in the Community of Midland. He voiced his support for keeping the bridge and road open as is.
Carol Petitjean commented also on the North Crocker bridge indicating that the abstract was done and the survey marker was placed back on the bridge showing that the bridge was on private property.
Legal Counsel Doug Wimberly indicated that any liability on the existing road would be the Parish’s to assume should anything happen.
Mr. Carl Cormier noted that there were gates on the road for a period of ten years and there was a lack of maintenance in the recent past.
Ms. Julie Borill, representing landowners north of the drainage ditch on Crocker Street, indicated that the right-of-way had been used to access a Parish dump north of the ditch.
Mr. Anthony Borill noted that he provided dirt for the bridge on North Crocker and that the gate had been put up to control traffic.
Mr. Aubrey Marceaux reminded members that he bought the property from the railroad company and the railroad company built the bridge that the Parish is claiming to be public. He indicated that the bridge, before it was replaced, had been abandoned by the Parish.
Juror Alton Stevenson inquired about the instructions to remove a tree on the Center Ditch in Crowley.
President Broussard indicated that the Drainage Board was not in favor of removing the tree because it didn’t obstruct drainage.
The Parish Road Manager Robert Bergeaux suggested using the inmate crew to physically remove the tree once it was cut.
The President suggested that members be in attendance at the next Drainage Board Meeting in the Sixth Ward.
Ms. Crystal LaCombe, resident of 102 Tech Street, requested that the post be removed along the Crocker Street extension in Midland as it was a hazard to the children.
Legal Counsel Doug Wimberly advised that nothing should be in the right-of-way at this current time.
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 AUGUST 2, 2005, AT THE HOUR OF 6:30 P.M.
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