CROWLEY, LOUISIANA
MAY 3, 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:
A J BROUSSARD
JOHN HUMBLE SR
CECELIA BROUSSARD
JIMMIE PELLERIN
A J CREDEUR
THOMAS BENOIT
FELTON MOREAU
ABSENT: ALTON STEVENSON
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Jimmie Pellerin, to revise the agenda to consider a load limit on Perchville Road and receive an address from Fred Maraist. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John Humble, Sr., to approve the Minutes of the April 19, 2005, Regular Police Jury Meeting. Motion carried.
Mr. Fred Maraist, local business person, expressed his interest in economic development including the funding of Parish economic development activities. Mr. Maraist requested support from the members of the Jury.
ELECTIONS
The following Resolution was offered by Mr. John Humble, Sr., seconded by Mr. Felton Moreau:
RESOLUTION
A Resolution approving the holding of an election in Consolidated
Gravity Drainage District No. 1 of the Parish of Acadia, State of
Louisiana, on Saturday, July 16, 2005, to authorize the levy of
special taxes therein.
WHEREAS, the Board of Commissioners of Consolidated Gravity Drainage District No. 1 of the Parish of Acadia, State of Louisiana (the “Governing Authority”), acting as the governing authority of Consolidated Gravity Drainage District No. 1 of the Parish of Acadia, State of Louisiana (the “District”), adopted a resolution on April 20, 2005, calling a special election in the District on Saturday, July 16, 2005, to authorize the levy of special taxes 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 levy and collect the special taxes 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 levy and collect the special taxes provided for therein.
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 Consolidated Gravity Drainage District No. 1 of the Parish of Acadia, State of Louisiana, this Police Jury hereby approves the holding of an election in the District, on Saturday, July 16, 2005, at which election there will be submitted the following propositions, to-wit:
PROPOSITION NO. 1 (TAX CONTINUATION)
SUMMARY: 10 YEAR, 7.61 MILLS PROPERTY TAX CONTINUATION
FOR CONSTRUCTING, IMPROVING, MAINTAINING AND OPERATING
GRAVITY DRAINAGE WORKS WITHIN SAID DISTRICT, INCLUDING
THE ACQUISITION OF EQUIPMENT THEREFOR.
Shall Consolidated Gravity Drainage District No. 1 of the Parish
of Acadia, State of Louisiana (the “District”), be authorized to
continued to levy a special tax of seven and sixty-one
hundredths (7.61) mills on all 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
constructing, improving, maintaining and operating gravity
drainage works within the District, including the acquisition of
equipment therefor?
PROPOSITION NO. 2 (TAX CONTINUATION)
SUMMARY: 10 YEAR, 8 MILLS PROPERTY TAX CONTINUATION
FOR ACQUIRING, CONSTRUCTING, MAINTAINING OR
OPERATING GRAVITY DRAINAGE WORKS WITHIN AND FOR THE
DISTRICT.
Shall Consolidated Gravity Drainage District No. 1 of the Parish
of Acadia, State of Louisiana (the “District”), be authorized to
continue to 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 2008 and ending with the
year 2017 for the purpose of acquiring, constructing,
maintaining or operating gravity drainage works within and for
the District?
SECTION 2. In the event the election carries, this Police Jury does hereby further consent to and authorize the District to levy and collect the special taxes provided for therein.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: A. J. Broussard, John Humble, Sr., Cecelia Broussard, Jimmie
Pellerin, A. J. Credeur, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: Alton Stevenson.
And the Resolution was declared adopted on this, the 3rd day of May, 2005.
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
FEDERAL/STATE FINANCIAL ASSISTANCE
The following Resolution was offered by Mr. Cade Benoit and seconded by Mr. Felton Moreau:
RESOLUTION
A Resolution authorizing the Acadia Parish Police Jury to
prepare and submit a pre-application to the Statewide
Flood Control Program for assistance for the implementation
of a project for the purpose of reduction of existing flood
damages; providing for the necessary documentation of said
flood damages; and providing for other maters in connection
therewith.
WHEREAS, the Town of Iota and surrounding areas has been adversely affected by damages from flood waters, and
WHEREAS, the Acadia Parish Police Jury desires to apply for State matching funds pursuant to Chapter 2-A of Title 38 of the Louisiana Revised Statutes of 1950, as amended, to implement a project to reduce said flood damages, and that the Acadia Parish Police Jury is fully aware of its obligations under said Statute, and
WHEREAS, the Acadia Parish Police Jury is a political body duly organized and existing under the laws of the State of Louisiana and is eligible to apply for funds under the Statute.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 3rd day of May, 2005, as follows:
Section 1. That the Acadia Parish Police Jury acknowledges that upon approval of the pre-application a formal application will be prepared and submitted to the Statewide Flood Control Program.
Section 2. That at the appropriate time and upon approval of funding assistance and prior to commencement of work on project the Acadia Parish Police Jury agrees to execute a Statement of Sponsorship pursuant to the Statute.
Section 3. That Ryan Fuselier, Engineer, is hereby designated Authorized Representative for the Acadia Parish Police Jury to effect the preparation of the pre-application and application to the Statewide Flood Control Program for funding assistance of a flood control project.
Section 4. That said Authorized Representative’s responsibilities shall pertain to technical matters only and shall not include any official act on behalf of the Acadia Parish Police Jury.
YEAS: A. J. Broussard, John Humble, Sr., Cecelia Broussard, Jimmie
Pellerin, A. J. Credeur, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: Alton Stevenson.
ADOPTED: MAY 3, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
LEGAL COUNSEL
Legal Counsel Doug Wimberly reported on pending matters and advised of the following: Attorney General’s opinion #05-0057 was received April 21, 2005, in the matter regarding payment of legal fees in a declaratory judgement involving Mr. John Quebodeaux. The opinion of the Attorney General stated that the Police Jury cannot reimburse Mr. Quebodeaux for his attorney fees in connection with the defense of the Declaratory Judgement.
Additional questions were raised as to whether Pelican Road extension, located approximately six miles south of the Village of Mermentau, should be considered as a public right-of-way.
Mr. Wimberly reaffirmed his position after reviewing abstract work prepared by Mr. Paul Bellard regarding the status of Pelican Road. The roadway stretching from the bus turnaround to the property of Larry Sarver and Patricia McNeely appears to be a private roadway which runs mostly over the property owned by James Romero and the public portion of Pelican Road ends at the bus turnaround.
Legal Counsel further advised that the Police Jury has authority to perform work that includes the installation of culverts for drainage purposes provided that the culverts are not intended solely to benefit a particular landowner but for the benefit of the public at large.
The subject was referred to Committee for further discussion.
Mr. Wimberly cited several Attorney General opinions that were issued on the subject in his letter dated April 14th to the Police Jury.
The use of landfill equipment to repair Parish roads was clarified by Legal Counsel. He stated that if equipment was purchased with dedicated funds the Jury should adopt a Resolution declaring that the specific piece of equipment is no longer being fully utilized at the Landfill and as such should be considered surplus equipment which then could be used to maintain and improve public roads.
The Solid Waste Committee will address the matter further in Committee.
Mr. Wimberly responded to a question that was presented relative to the partial abandonment of Stanford Road. He advised that the adjacent lot owners would gain ownership to the center line of the right-of-way.
Additional comments were made by members of the Jury on the subject and the President directed it be placed on the next regular meeting for formal action.
Mr. Wimberly lastly advised that the Police Jury should accept the $3,000 offer for damages done to Morrow Road by Southwest Timber Company of Louisiana. Although estimated damages appeared to be higher, it was questionable as to whether the Parish would be successful in collecting the full amount.
PERSONNEL
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Felton Moreau, to approve up to 60 days meritorious sick leave for Mr. Kenneth Carrier as provided for in the Personnel Policy Manual. Motion carried.
Juror A. J. Credeur advised that the salary previously set for Mr. Raymond Breaux, Solid Waste Supervisor, at the previous meeting did not include an allocation for travel expenses. After having reviewed the matter, Mr. Credeur suggested that an additional $3,500 per year be given to Mr. Breaux in the form of travel assistance.
President Broussard suggested tracking the mileage prior to making a decision.
Some members advised that the matter should be referred to Committee for thorough discussion.
A motion was offered by Mr. Felton Moreau, seconded by Mr. A. J. Credeur, to set Mr. Breaux’s salary at $43,800 which would include an adjustment to assist with transportation cost. The following roll call vote was cast: Yeas: Cade Benoit, Felton Moreau, A. J. Credeur. Nays: John Humble, Sr., A. J. Broussard, Jimmie Pellerin and Cecelia Broussard. Motion failed.
PUBLIC WORKS/ROAD & BRIDGE
Discussions relative to the cutting of trees on Parish roads and on public property was referred to Committee for further discussion.
Mr. Clifford Martel, resident 662 Saddle Drive, advised the Jury of the damages to the roadway as a result of the hauling of heavy loads of dirt from property in that area.
Juror Cade Benoit noted that the activity was to cease, however, there were no guarantees.
ORDINANCE #888
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON SADDLE AND PERCHVILLE ROADS IN ACADIA PARISH, LOUISIANA, WITH A GROSS WEIGHT IN EXCESS OF TWELVE (12) TONS, 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 except local farmers during harvest and garbage truck drivers to operate a motor vehicle with a gross weight in excess of Twelve (12) Tons on the following described Parish road:
SADDLE AND PERCHVILLE ROADS
SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle with a gross weight exceeding Twelve (12) Tons on the Parish road described above, shall be guilty of a misdemeanor, and upon conviction therefore, shall be fined nor 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, seconded by Mr. Felton Moreau, and after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: A. J. Broussard, John Humble, Sr., Cecelia Broussard, Jimmie
Pellerin, A. J. Credeur, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: Alton Stevenson.
ADOPTED: MAY 3, 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 instruct the Parish Road Manager to use whatever means available to halt any dirt hauling activity in the vicinity of Perchville and Saddle Drive and further require permitting and bonding for any company attempting to travel with excessive loads on said roads. Motion carried.
RESOLUTION
BY MESSRS: CADE BENOIT AND JOHN HUMBLE SR
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 3rd day of May, 2005, does hereby request that the Louisiana Department of Transportation and Development place in line for repair the section of Hwy. 370 from La. Hwy. 35 to the Town of Iota in Acadia Parish, Louisiana.
ADOPTED: MAY 3, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
SOLID WASTE/ENVIRONMENTAL
RESOLUTION
BY MESSRS: A J CREDEUR AND JIMMIE PELLERIN
WHEREAS, the Acadia Parish Police Jury (Grantor) by Resolution dated April 5, 2005, authorized a Solid Waste Facility Trust Agreement for the purpose of maintaining financial assurance for closure and post-closure care of the Acadia Parish Type II Sanitary Landfill, and
WHEREAS, the Jury selected the Bank of Commerce & Trust Co., Inc., Crowley, as Trustee of said Trust Fund, and
WHEREAS, Section 14 of the Trust Agreement requires the designation of a person or persons empowered to provide orders, requests and instructions to the trustee as needed and said person or persons be listed on EXHIBIT A to the agreement.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 3rd day of May, 2005, does hereby authorize the Parish Secretary-Treasurer or Chief Finance Officer as representative of the Grantor as provided for in Section 14 of the Acadia Parish Solid Waste Facility Trust Agreement.
BE IT FURTHER RESOLVED that this Resolution be entered as EXHIBIT A to the Acadia Parish Police Jury Solid Waste Trust Agreement.
YEAS: A. J. Broussard, John Humble, Sr., Cecelia Broussard, Jimmie
Pellerin, A. J. Credeur, Cade Benoit and Felton Moreau.
NAYS: None.
ABSENT: Alton Stevenson.
ADOPTED: MAY 3, 2005
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
COMMENTS FROM THE PUBLIC
The Secretary advised of the upcoming Legislative Seminar scheduled for May 11th.
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 MAY 17, 2005, AT THE HOUR OF 6:30 P.M.
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