CROWLEY, LOUISIANA
SEPTEMBER 21, 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. Jimmie Pellerin, to amend the agenda to consider the following: repairs to Ohlenforst Bridge, Change Order #1 Landfill Liner Project Phase V, Rural Development Grant Mire Fire Department, repairs to the Crowley Center Ditch and the Acadia-St. Landry Hospital Budget. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John Humble, Sr., to approve the Minutes of the September 7, 2004, Regular Police Jury Meeting. Motion carried.
Representatives from the Acadia Parish Tax Assessor’s Office presented the tax assessment values for the new assessment year.
RESOLUTION
BY MESSRS: ALTON STEVENSON AND JOHN HUMBLE SR
WHEREAS, the list of assessments for the Parish of Acadia in the dollar amount of $201,823,110.00 have been exposed for public review, and
WHEREAS, the Acadia Parish Police Jury did sit as a Board of Review as required by law and all protests were acknowledged.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 21st day of September, 2004, that valuation for the 2004 Taxes, Parish of Acadia, as set by the Acadia Parish Tax Assessor, be and the same is hereby accepted by the Police Jury of Acadia Parish.
ADOPTED: SEPTEMBER 21, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
The President convened the hearing to receive comments on tax protests submitted on behalf of the following individuals: Super 8 Motel, Comfort Inn, Cajun Operating, Inc., Central Crude, Inc., Cypress Production, Inc., Elysium Jennings LLC., Goldsberry Operating Co., Henry Production Co., Hilcorp Energy Co., J.P. Oil Company, Leggett Petroleum LLC., Liberty Resources, Inc., Masters Resources LLC., Oleum Operating Co., LLC, Riceland Petroleum Co., Servarg Company, Inc., and Texas Petroleum Investment Co.
RESOLUTION
BY MESSRS: FELTON MOREAU AND JOHN HUMBLE SR
WHEREAS, the Acadia Parish Police Jury sits as Board of Review for Assessments in Acadia Parish, and
WHEREAS, a hearing was convened September 21, 2004, at 6:30 P.M., to receive and to respond to any and all protests.
WHEREAS, tax protests were presented on behalf of the following entities: Super 8 Motel, Comfort Inn, Cajun Operating, Inc., Central Crude, Inc., Cypress Production, Inc., Elysium Jennings, LLC., Goldsberry Operating Co., Henry Production Co., Hilcorp Energy Co., J.P. Oil Company, Leggett Petroleum, LLC., Liberty Resources, Inc., Masters Resources, LLC., Oleum Operating Co., LLC., Riceland Petroleum Co., Servarg Company, Inc., and Texas Petroleum Investment Co.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 21st day of September, 2004, does hereby deny all protests presented by the aforementioned entities and that all protests be forwarded to the Louisiana Tax Commission for consideration.
ADOPTED: SEPTEMBER 21, 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 BROUSSARD
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 21st day of September, 2004, does hereby appoint MR. ALTON STEVENSON to the Acadiana Criminalistics Laboratory Commission for a term that will expire December, 2005.
ADOPTED: SEPTEMBER 21, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
FINANCE
A motion was offered by Mr. Alton Stevenson, seconded by Mr. John Humble, Sr., to approve a request by the Assist Agency to advance funding in the amount of $3,600.00 for the purpose of funding the Acadia Parish Homeless Shelter Grant. Motion carried.
LEGISLATIVE
State Sanitarian Danny Doucet addressed the members relative to the proposed change to Ordinance #538 Regulating Individual Sewage Disposal Systems. Mr. Doucet was of the opinion that the ordinance was very effective and should not be changed. He indicated that many upgrades to sewer systems in the Parish have been made.
Juror Felton Moreau objected to the cost of inspections due to inactive systems.
Vice President A. J. Broussard reported on a condition where a home was damaged by fire and the owner was required to upgrade their treatment system.
The Jury was advised as to the number of system conversions that were made in the Parish.
Dr. Tina Stefanski with the Office of Public Health encouraged the Jury not to change the ordinance.
ORDINANCE #877
AN ORDINANCE AMENDING ORDINANCE #538;
REGULATION OF INDIVIDUAL SEWAGE DISPOSAL
SYSTEMS
Ordinance #538 is hereby amended to read as follows: (to facilitate the interpretation of changes made to Ordinance #538, the following indicates words deleted bydashes through such wordsand indicates words added by underlining such words).
A. DEFINITIONS
The term “sewage” as used herein means a combination of the liquid or water-carried waste from residences, business buildings or institutions.
B. GENERAL REQUIREMENTS
Every premise, public or private, where people live, work or congregate, shall be provided with approved toilet facilities, including handwashing facilities. Said facilities shall be property connected to a public sewage system where available or to a private sewage disposal system specifically available or to a private sewage disposal system specifically approved for the premises by the State Health Officer, or his duly authorized representative, after determining that the installation and operation of an individual system will not create a nuisance or public health hazard. It shall be the duly of the owner, manager or agent of any occupied premise, public or private, where people live, work or congregate to provide an approved method of sewage disposal.
C. PERMITS
No person, partnership, institution, corporation or other organization shall install or cause to be installed an individual sewage disposal system of any kind without first having obtained a work authorization for such installation from the State Health Officer or his duly authorized representative. No individual sewage disposal system shall be used or placed in operation without final approval in the form of a permit issued by the State Health Officer or his duly authorized representative.
No electrical utility company licensed to do or doing business in the Parish of Acadia shall install or connect permanent service to any mobile home until a final permit is issued. No electrical utility company licensed to do or doing business in the Parish of Acadia shall install or connect temporary service to any new construction unless a work authorization has been issued by the Parish not install or connect a permanent electrical service until a final permit has been issued by the State Health Officer as required hereinabove.
Existing mobile homes or modular homes and permanent structures shall be exempt from all requirements for the period of time that any owner or occupant of the said property inhabits the premises.
Existing mobile homes or modular homes and permanent structures shall be exempt from all requirements until the time ownership of said property changes.
At the time of change of location said mobile or modular home and movable homes shall be required to have a health permit secured in the same manner as covering new dwellings as set forth hereinabove.
No person or persons shall engage in the business or practice of installing, emptying or cleaning septic tanks, cesspools, vaults or similar facilities without first obtaining a license from the State Health Officer.
D. MOBILE OR MODULAR HOMES
The mobile home or modular home installation shall comply with all requirements for location of a normal dwelling unit and all requirements for individual sewage systems shall apply.
E. VIOLATION AND PENALTY
Any person, partnership, corporation or other organization who violates any of the provisions of this ordinance shall be guilty of a misdemeanor, and shall be punishable by a fine of not exceeding One Hundred and No/100 ($100.00) Dollars. Each day that a violation is permitted to exist shall constitute a separate offense.
F. All ordinances or part of Ordinances in conflict herewith are hereby repealed.
G. If any part of this Ordinance is declared unconstitutional or unenforceable by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected.
The Ordinance was offered by Mr. A. J. Credeur, seconded by Mr. Felton Moreau, and after being read and considered section by section, was adopted by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Jimmie
Pellerin, A. J. Credeur, Cade Benoit and Felton Moreau.
NAYS: Cecelia Broussard.
ABSENT: None.
ADOPTED: SEPTEMBER 21, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. A. J. Broussard, seconded by Mr. A. J. Credeur, to authorize Legal Counsel to prepare for consideration an ordinance regulating the discharge of firearms in recognized subdivisions in the unincorporated areas of the Parish. Motion carried.
RESOLUTION
BY MESSRS: JOHN HUMBLE SR AND JIMMIE PELLERIN
WHEREAS, the Parish of Acadia has ad valorem tax revenue that has been paid under protest by various interstate pipeline companies and is currently being held in escrow, and
WHEREAS, the various suits in litigation over the ad valorem taxes paid under protest have been ongoing for approximately ten years, and
WHEREAS, the Louisiana Tax Commission has engaged the services of a professional mediator to attempt to resolve all of the existing interstate pipeline litigation over ad valorem taxes paid under protest, and
WHEREAS, in order for the mediation efforts to proceed, all of the parishes with an interest in the funds held in escrow must appoint an agent to represent them, collectively, and
WHEREAS, it has been suggested that the Police Jury Association of Louisiana would be an appropriate agent to represent the parishes with an interest in this litigation.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 21st day of September, 2004, does hereby authorize to negotiate on behalf of the Parish of Acadia in the mediation of the various suits in litigation over ad valorem taxes paid under protest by the various interstate pipeline companies that are listed as Petitioners/Plaintiffs therein. Said authorization shall empower the Police Jury Association to make and accept binding offers in the course of said mediation on behalf of the Parish of Acadia.
ADOPTED: SEPTEMBER 21, 2004
ATTEST:
/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 Legal Counsel to proceed with protests and/or set trials relative to Duson Annexations. Motion carried.
PERSONNEL
Director of Operations John Quebodeaux strongly encouraged the members to consider announcing vacancies in employment as soon as possible affording an opportunity to fill vacancies quickly.
No objections were raised.
Mr. Quebodeaux also noted that pursuant to his appointment as director he was responsible for overseeing the employment application process. He advised that a Human Resource Committee would be assigned to screen applicants prior to interviews. The selection process would narrow the field down to approximately three individuals which would be presented to the Personnel Committee for consideration.
Juror Alton Stevenson voiced his concern over the application process.
Discussion relative to payroll procedures ensued. It was suggested that the Director of Operations meet with the Secretary-Treasurer to review current procedures and make recommendations.
RESOLUTION
BY MESSRS: A J BROUSSARD AND A J CREDEUR
WHEREAS, the Acadia Parish Police Jury deems it necessary to retain independent Legal Counsel, and
WHEREAS, Mr. F. Doug Wimberly has been found to be appropriately versed and prepared in matters regarding Government practice.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 21st day of September, 2004, does hereby employ the professional services of Mr. F. Doug Wimberly, as Legal Counsel, subject to the approval of the Attorney General.
BE IT FURTHER RESOLVED that the retainer fee be set at $1,500 per month for attendance at regular meetings and ten hours of legal work and an hourly fee of $125.00 for all additional work.
ADOPTED: SEPTEMBER 21, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
Juror A. J. Credeur noted that he did not approve of the decision made by the Director of Operations regarding overtime pay for Supervisors and Road Maintenance employees. Mr. Credeur pointed out that issues such as that should be addressed at the Committee level.
PUBLIC FACILITIES/BUILDING & GROUNDS
RESOLUTION
BY MESSRS: CADE BENOIT AND A J BROUSSARD
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 21st day of September, 2004, does hereby authorize the President to execute contracts with Mark Lalande, Architect, to proceed with final plans and specifications to receive bids on the Correctional Center Construction Project.
ADOPTED: SEPTEMBER 21, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
Juror A. J. Broussard requested support for the use of Parish Inmates to address maintenance issues at the Acadia Parish Rice Arena.
No objections were raised.
PUBLIC WORKS/ROAD & BRIDGE
A motion was offered by Mr. A. J. Broussard, seconded by Mr. Cade Benoit, to approve the Emergency Work Report for the month of August, 2004. Said expenditures to be in the amount of $717.35. Motion carried.
Engineer Ryan Fuselier advised the board that bids were submitted for the replacement of the bridge on St. Margaret Road. He indicated the bids received exceeded the estimated cost of the construction. Mr. Fuselier would attempt to negotiate a lesser price with C. P. Construction for said work.
No action was required.
Mr. John Quebodeaux, Director of Operations, reported on the condition of the bridge on West Jeff Davis noting that the load rating was reduced to five tons as a result.
A motion was offered by Mr. A. J. Broussard, seconded by Mr. John Humble, Sr., to authorize Aucoin & Associates to prepare cost estimates to repair and/or replace the bridge located on West Jeff Davis Road. Motion carried.
A motion was offered by Mr. Felton Moreau, seconded by Mr. A. J. Broussard, to authorize the Secretary to advertise for a public hearing to consider the partial abandonment of Thompson Road. Motion carried.
RESOLUTION
BY MESSRS: A J CREDEUR AND FELTON MOREAU
WHEREAS, bids were received for the sale one Dura Patcher SN #1257.
WHEREAS, the sole bid received was as follows:
BIDDER BASE BID
Langston Enterprises $4,250.00
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 21st day of September, 2004, does hereby accept the sole bid received by Langston Enterprises, in the amount of Four Thousand Two Hundred Fifty and 00/100 ($4,250.00) Dollars.
ADOPTED: SEPTEMBER 21, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY MESSRS: A J BROUSSARD AND JOHN HUMBLE SR
WHEREAS, Aucoin & Associates, Inc., advertised for bids for the bridge replacement on Harmon Road, and
WHEREAS, the following bids were received:
BIDDER BID PROPOSAL
Guinn Brothers, LLC. $169,900.00
W. E. McDonald & Son, LLC. $178,675.00
F. Miller & Sons, LLC. $241,290.00
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 21st day of September, 2004, does hereby award the low bid submitted by Guinn Brothers, LLC., in the amount of One Hundred Sixty-nine Thousand Nine Hundred and 00/100 ($169,900.00) Dollars.
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 Guinn Brothers, LLC., on behalf of, in the name and under the seal of the Acadia Parish Police Jury relative to said project.
ADOPTED: SEPTEMBER 21, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
ANNUAL CERTIFICATION OF COMPLIANCE
WITH STATE OF LOUISIANA
OFF SYSTEM BRIDGE REPLACEMENT PROGRAM
WHEREAS, the Code of Federal regulations as enacted by the United States Congress mandates that all structures defined as bridges located on all public roads shall be inspected, rated for safe load capacity and posted in accordance with the National Bridge Inspection Standards and that an inventory of these bridges be maintained by each State; and
WHEREAS, the responsibility to inspect, rate and load post those bridges under the authority of Acadia Parish in accordance with those Standards is delegated by the Louisiana Department of Transportation and Development to Acadia Parish.
THEREFORE, BE IT RESOLVED by the governing authority of Acadia Parish (herein referred to as the Parish) that the Parish in regular meeting assembled does hereby certify to the Louisiana Department of Transportation and Development (herein referred to as the DOTD) that for the period 1 October, 2003 through 30 September, 2004:
1. The Parish has performed all interim inspections on all Parish owned or maintained bridges in accordance with the National Bridge Inspection Standards.
2. All bridges owned or maintained by the Parish have been structurally analyzed and rated by the Parish as to the safe load capacity in accordance with AASHTO Manual for Maintenance Inspection of Bridges. The load posting information that has been determined by the LA DOTD for all bridges where the maximum legal load under Louisiana State Law exceeds the load permitted under the operating rating as determined above has been critically reviewed by the Parish. Load posting information has been updated by the Parish to reflect all structural changes, and obsolete structural ratings or any missing structural ratings.
3. All Parish owned or maintained bridges which require load posting or closing are load posted or closed in accordance with the table in the DOTD Engineering Directives and Standards Manual Directive No. 1.1.1.8. All DOTD supplied load posting information concerning a bridge has been critically reviewed by the Parish Engineer prior to load posting.
4. All bridges owned or maintained by the Parish are shown on the attached list in the format specified by the DOTD. Corrections to data supplied to the Parish by the LA DOTD are noted.
These stipulations are prerequisites to participation by the Parish in the Off-System Replacement Program.
This resolution was considered section by section and as a whole and upon motion of Mr. A. J. Credeur, being seconded by Mr. Felton Moreau, was adopted by the following vote on this the 21st day of September, 2004:
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: SEPTEMBER 21, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY MESSRS: ALTON STEVENSON AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 21st day of September, 2004, does hereby authorize the President to execute a contract with Slick Construction in the amount of Sixteen Thousand and 00/100 ($16,000.00) Dollars to construct embankment improvements on the Crowley Center Ditch.
ADOPTED: SEPTEMBER 21, 2004
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. Felton Moreau, to amend the 2004 Budget to include $60,000 to implement an expanded recycling program consisting of but not limited to the Acadia Parish Courthouse and Parish Schools. Motion carried.
A request to consider an ordinance relative to water quality was referred to Legal Counsel for review and comment.
A motion was offered by Mr. A. J. Broussard, seconded by Mr. Cade Benoit, to authorize Aucoin & Associates to prepare cost estimates to repair the bridge crossing Bayou Wikoff on Ohlenforst Road. Motion carried.
RESOLUTION
BY MESSRS: A J CREDEUR AND A J BROUSSARD
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 21st day of September, 2004, does hereby empower, authorize & direct the President to execute Change Order No. 1 to the Landfill Liner Extension Project in Phase V in an amount not to exceed Forty Thousand Dollars ($40,000).
ADOPTED: SEPTEMBER 21, 2004
ATTEST:
/s/ Katry Martin /s/ Cecelia S. Broussard
KATRY MARTIN CECELIA S. BROUSSARD
SECRETARY-TREASURER PRESIDENT
No action was taken relative to a request for Rural Development Funding for the Mire Fire Department.
Mr. Clifford Broussard, Administrator of the Acadia-St. Landry Hospital reviewed the three year budget recovery plan submitted to the Police Jury for the Hospital District.
A motion was offered by Mr. John Humble, Sr., seconded by Mr. A. J. Broussard, to approve the three year budget recovery plan for the Acadia-St. Landry Hospital District reflecting a net loss of $39,003.00 in fiscal year ending 2005 and a net income of $238,737.00 in fiscal year ending 2006 and a net income of $335,959 in fiscal year ending 2007. 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 OCTOBER 5, 2004, AT THE HOUR OF 6:30 P.M.
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