CROWLEY, LOUISIANA
JANUARY 20, 2004
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. John Humble, Sr., seconded by Mr. Alton Stevenson, to amend the agenda and consider discussion on the vacancy at the Landfill, and chemical purchases for Mosquito Control. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. Alton Stevenson, to approve the Minutes of the January 12, 2004, Regular Police Jury Meeting. Motion carried.
Veterans Service Officer, Al Leger, addressed the body relative to the function of the Department of Veterans Affairs. He indicated that he is responsible for assisting all Veterans and their dependents in filling out forms. Mr. Leger stated that the Louisiana Department of Veteran Affairs and the Veterans Service Organizations were responsible for assisting Veterans and their families in obtaining benefits in excess of six million dollars in 2003. Mr. Leger will be reporting periodically to the Police Jury on the activities of his office.
APPOINTMENTS
RESOLUTION
BY MESSRS: A J CREDEUR AND JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 20th day of January, 2004, does hereby appoint MR. TERRY FAUL to the First Ward Drainage District to fill the unexpired term of Mr. A. J. Credeur.
ADOPTED: JANUARY 20, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
COMMUNITY/ECONOMIC DEVELOPMENT
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND THOMAS BENOIT
ENDORSEMENT RESOLUTION FOR A COMPANY TO PARTICIPATE
IN THE ENTERPRISE ZONE PROGRAM
RESOLUTION STATING THE ACADIA PARISH POLICE JURY'S ENDORSEMENT OF CROWLEY REHAB HOSPITAL, LLC., 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 9608 , Block Group 003 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 20th day of January, 2004, that Crowley Rehab Hospital, LLC, and their project, acute rehabilitation hospital, State Application #20030589 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, A. J. Credeur, Thomas Benoit and
Felton Moreau.
NAYS: None.
ABSENT: None.
ABSTAINED: None.
ADOPTED: JANUARY 20, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
FINANCE
The following resolution was offered by Mr. A. J. Credeur, and seconded by Mr. Jimmie Pellerin:
RESOLUTION
A resolution approving the issuance, sale and delivery of
Eighty Thousand Dollars ($80,000) of Certificates of
Indebtedness, Series 2004, of Fire Protection District No.
7 of the Parish of Acadia, State of Louisiana, and other
matters relating thereto.
WHEREAS, the Board of Commissioners of Fire Protection District No. 7 of the Parish of Acadia, State of Louisiana, by resolution adopted on January 12, 2004, has authorize the issuance of Eighty Thousand Dollars ($80,000) of Certificates of Indebtedness, Series 2004 (the “Certificates”), for the purpose of acquiring and equipping a fire truck, constructing substations, and paying the costs of issuance of the Certificates, under the authority conferred by Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950, as amended (R.S. 33:2921-2925), 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 Certificates;
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, 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. 7 of the Parish of Acadia, State of Louisiana, this Police Jury hereby approves the issuance of Eighty Thousand Dollars ($80,000) of Certificates of Indebtedness, Series 2004, of Fire Protection District No. 7 of the Parish of Acadia, State of Louisiana, said Certificates 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 said Certificates.
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, A. J. Credeur, Thomas Benoit and
Felton Moreau.
NAYS: None.
ABSENT: None.
And the resolution was declared adopted on this, the 20th day of January, 2004.
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY MESSRS: A J CREDEUR AND ALTON STEVENSON
WHEREAS, the firm of Broussard, Poché, Lewis & Breaux submitted a proposal to serve as independent auditors for the Acadia Parish Police Jury, and
WHEREAS, the proposal is for an audit examination of the general purpose financial statements of the Acadia Parish Police Jury for the three years ending December 31, 2006, and
WHEREAS, the audits are to be in accordance with generally accepted governmental auditing standards adopted by the American Institute of Certified Public Accountants; the Governing Auditing Standards promulgated by the United States Comptroller General, as they pertain to financial and compliance audits; the Office of Management and Budget’s Compliance Supplement for Single Audits of State and Local Governments, and Circular A-128, Audits of State and Local Governments; Public Law 98-502, Single Audit Act of 1984, and will include such tests of the accounting records and procedures that may be deemed necessary under the circumstances, and
WHEREAS, the proposal submitted was as follows:
Audit of the 2003 financial statements $25,000
Audit of the 2004 financial statements $25,000
Audit of the 2005 financial statements $25,000
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of January, 2004, does hereby accept the proposal submitted by Broussard, Poché, Lewis & Breaux for the period of three years ending December 31, 2006.
BE IT FURTHER RESOLVED that the President is hereby empowered, authorized and directed to execute and engagement letter with the said Broussard, Poché, Lewis & Breaux.
ADOPTED: JANUARY 20, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY MESSRS: JOHN 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:
All of the mineral rights, title and interest in any lands,
highways, rights- of-way and roads owned by and not
presently under mineral lease from the Acadia Parish
Police Jury, situated in Acadia Parish, Louisiana, and
being more fully described as follows: Beginning at a
point having Coordinates of X = 1,726,310.00 and Y =
628,750.00; thence East 2,740.00 feet to a point having
Coordinates of X = 1,729,050.00 and Y = 628,750.00;
thence South 5,290.00 feet to a point having Coordinates
of X = 1,729,050.00 and Y = 623,460.00; thence West
2,740.00 feet to a point having Coordinates of 1,726,310.00
and Y = 623,460.00; thence North 5,290.00 feet to the
point of beginning, containing approximately 3 acres, as
shown outlined in red on a plat on file in the Office of
Mineral Resources, Department of Natural Resources. All
bearings, distances and coordinates are based on Louisiana
Coordinate System of 1927 (South Zone).
WHEREAS, the following bid of Pride Oil & Gas Properties, Inc. was the sole bid received:
For a three (3) year lease.
BONUS: $750.00 (Seven Hundred Fifty and 00/100 Dollars).
DELAY RENTAL: $375.00 (Three Hundred Seventy-Five and 00/100
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 20th day of January, 2004, that the bid of Pride Oil & Gas Properties, 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: JANUARY 20, 2004
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 that the President and Secretary advertise for bids for the leasing of the oil, gas and mineral rights in and under the following described property, to-wit:
All of the rights, titles and interest in lands owned by and
not under mineral lease from the Acadia Parish Police Jury,
situated in Sections 2, 3, 4, 9, 10, and 11, Township 10
South – Range 1 East, Acadia Parish, Louisiana, within the
following described boundaries:
Beginning at a point having Coordinates of X = 1,683,500.00
and Y = 555,900.00; thence West 9,900.00 feet to a point
having Coordinates of X = 1,673,600.00 and Y =
555,900.00;thence North 3,200.00 feet to a point having
Coordinates of X = 1,673,600.00 and Y = 559,100.00; thence
North 77 degrees 28 minutes 16 seconds East 2,765.86 feet
to a point having Coordinates of X = 1,676,300.00 and Y =
559,700.00; thence North 1,200.00 feet to a point having
Coordinates of X = 1,676,300.00 and Y = 560,900.00; thence
East 7,200.00 feet to a point having Coordinates of X =
1,683,500.00 and Y = 560,900.00; thence South 5,000.00 feet
to the point of beginning, containing 2.36 Acres, as shown on
the attached plate.
All bids to offer a cash bonus for a lease having a primary term which shall not exceed three (3) years. Minimum royalties shall be one-quarter (¼) of all oil, including condensate or other liquid minerals, produced and saved; one-quarter (¼) of the value of all gas, including casinghead gas, produced and saved or utilized by methods considered as ordinary production methods at the time of production; one-quarter (¼) of any and all other liquid or gaseous minerals in solution and produced with oil or gas and saved or utilized, which are not specifically mentioned herein.
Should lessee fail to begin operations for the drilling of a well on the leased premises within one (1) year from the date of the lease, the lease shall terminate as to both parties to the lease, unless on or before such anniversary date Lessee shall pay a delay rental (which shall in no event be less than one-half (½) of the bonus offered), which shall cover the privilege of deferring drilling operations for a period of one (1) year. Upon like payments annually, drilling operations may be further deferred for successive periods of one (1) year each during the primary term. The primary term of the lease shall be three (3) years.
Certified check, cashier's check or bank money order, payable to the Acadia Parish Police Jury for the full amount of the cash bonus shall accompany and be deposited with each bid, and no bid when deposited may be thereafter withdrawn or canceled and the cash bonus thus deposited shall be forfeited to the Acadia Parish Police Jury by the successful bidder in the event said bidder does not enter into a written contract within twenty (20) days after the written lease is submitted to him for execution. All bids to be submitted on Louisiana State Mineral Board bid form. Any lease awarded on the above lands shall be subject to the approval of the State Mineral Board.
The Acadia Parish Police Jury reserves the right to reject any and all bids and to grant a lease on any portion of the tracts advertised for a price not less than proportionate to the best bid offered for the lease of the entire tract.
ADOPTED: JANUARY 20, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
PERSONNEL
A motion was offered by Mr. Thomas Benoit, seconded by Mr. A. J. Broussard, to approve alternate employment for Mr. David Duhon as Assistant to the Custodial Staff at the Courthouse to facilitate his rehabilitation and further develop a light duty job description subject to attending doctor’s approval. Motion carried.
A motion was offered by Mr. Thomas Benoit, seconded by Mr. A. J. Credeur, to authorize advertising for the position of Maintenance Technician Level D to fill a vacancy at the Crowley Road Maintenance Unit. Motion carried.
A motion was offered by Mr. Thomas Benoit, seconded by Mr. A. J. Broussard, to authorize the hiring of Mr. Tommy Deaville as Maintenance Technician Level D for the Iota Road Maintenance Unit as advertised at a starting salary of $6.25 per hour provided all hiring requirements are met. Motion carried.
A motion was offered by Mr. Thomas Benoit, seconded by Mr. Felton Moreau, to authorize the hiring of Mrs. Nancy Smith as Animal Control Assistant as advertised at a starting salary of $7.00 per hour provided all hiring requirements are met. Motion carried.
Juror A. J. Broussard voiced concerns for the use of Health Unit Funds for alternate purposes. The matter was referred to Finance for further discussion.
It was noted that the Director of Mosquito Control would meet with the new members of the Jury to inform them of the plans to develop an Abatement Program in the Parish and also to discuss the position of Assistant Director.
The position of Landfill Manager was referred to the Personnel Committee for consideration.
PUBLIC SAFETY
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND JIMMIE PELLERIN
WHEREAS, the Town of Church Point requested assistance with the disposition of animals collected relative to the laws governing rabies and animal control in the Town of Church Point.
WHEREAS, the Town of Church Point does not have adequate means to euthanized said animals.
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 20th day of January, 2004, does hereby empower, authorize and direct the President to execute an Intergovernmental Agreement with the Town of Church Point to assist with euthanization of animals under the terms of the Church Point Ordinance at a rate of $5.00 per animal delivered to the Parishes facility.
ADOPTED: JANUARY 20, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
The Director of Emergency Preparedness and Homeland Security Mr. John Quebodeaux reported on the status of the request for proposals for Debris Removal. Mr. Quebodeaux indicated that the Village of Morse and the City of Crowley have opted out of participating in the proposal request. He indicated that following the advertising period and solicitation he will review and present the proposals for consideration.
RESOLUTION
BY MESSRS: A J CREDEUR AND A J BROUSSARD
WHEREAS, bids were received for the chemical purchases for the Mosquito Control Program for the upcoming season, and
WHEREAS, only one bid was received relative to said solicitation, and
WHEREAS, the Police Jury finds it essential to have competitive participation to obtain better prices.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of January, 2004, does hereby rescind action taken to award bids for chemicals, to reject the only bid received for said chemicals and to authorize the Secretary to re-advertise for the purchase of chemicals for the Mosquito Control Program.
ADOPTED: JANUARY 20, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
PUBLIC WORKS/ROAD & BRIDGE
RESOLUTION
BY MESSRS: A J CREDEUR AND THOMAS BENOIT
WHEREAS, bids were received for the purchase of five bionic blades known as Dura Grader Heavier Blades Series B.
WHEREAS, bids received were as follows:
BIDDER BASE BID DELIVERY TIME
Quality Equipment $3,575.00 10 days
Abell & Son $3,815.00 2-3 weeks
Covington Sales & Service $4,050.00
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of January, 2004, does hereby accept the bid submitted by Quality Equipment, in the amount of Three Thousand Five Hundred Seventy-five and 00/100 ($3,575.00) Dollars and authorize the purchase of five (5) individual units.
BE IT FURTHER RESOLVED that the President of this Police Jury be and he is hereby empowered, authorized and directed to execute a contract with Quality Equipment, on behalf of, in the name and under the seal of the Acadia Parish Police Jury relative to the purchase of said equipment.
ADOPTED: JANUARY 20, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
Road Engineer Karl Aucoin reported on the status of the Indigo/Morrow Road Bridge Project. He suggested that the construction limits be staked and the property owners notified of the plans for construction. He indicated that receiving comments from property owners would be advantageous.
RESOLUTION
BY MESSRS: A J CREDEUR AND FELTON MOREAU
WHEREAS, the Acadia Parish Police Jury advertised for bids according to law for the purchase of gravel for road use, and
WHEREAS, Larry Grayson & Son Trucking was rejected as a qualified bidder for said purchase, and
WHEREAS, the availability of gravel remains an ongoing problem.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of January, 2004, does hereby rescind the condition disqualifying Larry Grayson & Son Trucking as a non-responsive bidder and authorize the President to execute a contract for the delivery of Road Gravel pursuant to an original low bid submitted by said company.
ADOPTED: JANUARY 20, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
The Sales Tax Report was presented for the month of December, 2003. The report indicated a gross receipt of $395,399.57 a decrease of $49,725.68 from December, 2002.
COMMENTS FROM THE PUBLIC
Mr. Chris Allen, recently discharged from the Acadia Parish Sheriff’s Office, voiced his opinion relative to his discharge.
Juror A. J. Broussard noted that representatives of DEQ would be in attendance at the February 3rd meeting to deliver a short water quality presentation.
LITIGATION
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. A. J. Credeur, to consider pending litigation involving the Town of Duson, Docket #03-00944-CA. The following roll call vote was cast: Yeas: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia Broussard, Jimmie Pellerin, A. J. Credeur, Thomas Benoit and Felton Moreau. Nays: None. Motion carried.
The President reconvened the Meeting following executive session to consider action relative to pending litigation.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. A. J. Credeur, to authorize Legal Counsel to file an objection relative to the annexation of the Sterling Hubbert Property by the Town of Duson. Motion carried.
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 FEBRUARY 3, 2004, AT THE HOUR OF 6:30 P.M.
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