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CROWLEY, LOUISIANA

SEPTEMBER 7, 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 consider the following additions to the agenda: advertising for a Road Maintenance employee in Iota, regulating the discharge of firearms and final acceptance of the taxiway project at the LeGros Airport. Motion carried.

A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John Humble, Sr., to approve the Minutes of the August 17, 2004, Regular Police Jury Meeting and the August 24, 2004, Special Meeting . Motion carried.

ELECTIONS

                                   
ORDINANCE #874

           AN ORDINANCE OF THE PARISH OF ACADIA AMENDING
           ORDINANCE #756, PROVIDING FOR THE CONSOLIDATION
           OF CERTAIN PRECINCTS AND REDEFINING OF THOSE
           CERTAIN BOUNDARIES AND THE DESCRIPTION OF THE
           BOUNDARIES OF ALL OTHER PRECINCTS CURRENTLY IN
           FORCE

WHEREAS, Ordinance #834 of the Acadia Parish Police Jury amending Ordinance #756 provided for the division of two precincts into smaller voting precincts to satisfy the mandate of reapportionment following the release of the 2000 Census data, and

WHEREAS, Ordinance #834 therefore established Precincts 6-2a and 3-3c for the purpose of redrawing Police Jury district boundaries pursuant to the 2000 Decennial Census, and

WHEREAS, Ordinance #843 redrew the common boundary between Precinct 5-1B and 5-3 to better accommodate the distribution of voters, and

WHEREAS, under R.S. 18:532 (B) provides, wherever feasible, the consolidation of precincts that are under 300 in voter population.

NOW, THEREFORE, BE IT ORDAINED:

Section 1.  All the “Whereas” clauses are incorporated herein and adopted as part of the ordinance.

Section 2. That the following precincts are hereby consolidated in accordance with R.S. 18:532:
       a. Ward 1 Precinct 10 and Ward 1 Precinct 11 are merged into Ward
           1 Precinct 9
       b. Ward 5 Precinct 6 is merged with Ward 5 Precinct 3
       c. Ward 7 Precinct 1 is merged with Ward 7 Precinct 5. The new
           designation for this merged precinct shall be Ward 7, Precinct 4.
           Persons who formally voted at Ward 7, Precinct 1, Mowata
           Catholic Church Hall, 29057 Crowley Eunice Hwy., Crowley, LA,
          
shall now vote at:
                                  
Ward 7 Precinct 4,
                   LSU-E Health and Physical Education Building
                                           2048 Johnson Hwy.
                                                 Eunice, LA

           The polling location for Ward 7, Precinct 4 is currently a polling
           location. Ward 7 Precinct 1 is hereby eliminated as a precinct
           designation.

Section 3. Exhibit A recorded with the Acadia Parish Police Jury and Registrar of Voters Office of Acadia Parish and made a part of this Ordinance defines the boundaries of all of the precincts currently in force and includes the redefined descriptions of the precincts as consolidated under Section 2 of this Ordinance.

Section 4. This Ordinance, once adopted, shall be submitted to the United States Department of Justice, Voting Rights Section for Section 5 Pre-Clearance under the Voting Rights Act of 1965, as amended.

Section 5. This Ordinance becomes effective as provided by law and all Ordinances or Resolutions of parts thereof, including but not limited to all Ordinance or Resolutions or parts thereof of the Parish of Acadia, if any, in conflict herein are hereby repealed.

This Ordinance was offered by Mr. Alton Stevenson, seconded by Mr. Felton Moreau, 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: SEPTEMBER 7, 2004

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia S. Broussard
KATRY MARTIN                                    CECELIA S. BROUSSARD
SECRETARY-TREASURER                        PRESIDENT


FINANCE

                                   
RESOLUTION

             BY MESSRS: CADE BENOIT AND JOHN HUMBLE SR

BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 7th day of September, 2004, does hereby authorize the Secretary to request funding as provided for in Act 1 (Appropriation) of the 2004 Louisiana Legislative session in the amount of $10,000 for the purchase of municipal and Parish Police and Fire safety equipment.

BE IT FURTHER RESOLVED that funding for the purchase of equipment be divided among the Acadia Parish Sheriff’s Office, Church Point & Eunice Police and the Rayne Volunteer Fire Department.

ADOPTED: SEPTEMBER 7, 2004

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia S. Broussard
KATRY MARTIN                                    CECELIA S. BROUSSARD
SECRETARY-TREASURER                        PRESIDENT


PERSONNEL

Juror Alton Stevenson requested an opportunity to rescind his vote appointing the Director of Operations on the grounds that he did not understand what he was voting for.

The original appointment was made at a special meeting held August 24, 2004.

President Broussard pointed out that Mr. Stevenson did not indicate that he wished to change his vote until later during that special meeting. She also stated that Homeland Security Grant funding would not be affected by Mr. Quebodeaux’s dual positions.

A motion was offered by Mr. Alton Stevenson, seconded by Mr. A. J. Credeur, to rescind action taken at the August 24, 2004, Special Meeting appointing the Director of Operations. The following roll call vote was cast: Yeas: Alton Stevenson, A. J. Credeur, Cade Benoit and Felton Moreau. Nays: A. J. Broussard, John Humble, Sr., Cecelia Broussard and Jimmie Pellerin. Motion failed.

Juror Credeur indicated why he voted to rescind the appointment of Director of Operations stating that he did not understand why the Parish needed such a person. No apparent problems were pointed out nor did this process follow the chain of command as most people preached. The matter should’ve been taken up by the Personnel Committee. He also felt that a job description, organizational chart revision and budget amendment should’ve preceded the appointment.

Juror Pellerin noted that the Mayor of Rayne was in favor of establishing Home Rule Charter in Acadia Parish.

President Broussard acknowledged Mr. Stevenson’s absence following the roll call vote.

A motion was offered by Mr. John Humble, Sr., seconded by Mr. A. J. Broussard, to approve the job description and organizational chart as presented for the Director of Operations whereby the position was established to work with all Department Heads to develop operational policy and to oversee the day to day operations as per the organizational chart. The following roll call vote was cast: Yeas: A. J. Broussard, John Humble, Sr., Cecelia Broussard and Jimmie Pellerin. Nays: A. J. Credeur, Cade Benoit and Felton Moreau and one member absent Alton Stevenson. Motion carried.

Juror Cade Benoit confirmed, with an affirmative response from the Director of Emergency Preparedness, that the Director of Homeland Security position is in fact a full-time appointed position and that the Director of Operations was also a full-time position. Mr. Benoit further stated that, as he understands it, a person cannot serve full-time as Director of Emergency Preparedness and Homeland Security and appointed full-time as Director of Operations.

No action was taken relative to the selection of Legal Counsel.

A motion was offered by Mr. A. J. Credeur, seconded by Mr. Felton Moreau, to authorize advertising for three positions open for Technician Level D in the Branch and Iota Road Maintenance Divisions and further authorize advertising for the position of Material Handler at the Recycling Center. Motion carried.


PUBLIC FACILITIES/BUILDING & GROUNDS

                            
RESOLUTION OF ACCEPTANCE

      The following resolution was offered by Mr. John Humble, Sr., duly seconded by Mr. Jimmie Pellerin, and duly resolved and adopted on September 7, 2004.

      A resolution authorizing and directing the President to execute for and on behalf of the Acadia Parish Police Jury, an Act of Acceptance for Merrick Construction, Co., Contractor, pertaining to the completion of the contract, T/W 25' x 1500' for Tee Hangars, LeGros Memorial Airport, Estherwood, Louisiana, in accordance with the plans and specifications contained in the contract documents pertaining thereto.

WHEREAS, Merrick Construction, Co., as Contractor, has completed the T/W 25' x 1500' for Tee Hangars, LeGros Memorial Airport, Estherwood, Louisiana, in accordance with the plans and specifications contained in the contract documents pertaining thereto; and

WHEREAS, the Acadia Parish Police Jury desires to accept the completed work;

NOW, THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury that the President of said Acadia Parish Police Jury be, and is hereby empowered, authorized and directed to execute an Act of Acceptance for and on behalf of the Acadia Parish Police Jury accepting the work as being completed, and that she be authorized and directed to have a copy of said acceptance recorded in the Conveyance Records of the Parish of Acadia, State of Louisiana.

ADOPTED: SEPTEMBER 7, 2004

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia S. Broussard
KATRY MARTIN                                    CECELIA S. BROUSSARD
SECRETARY-TREASURER                        PRESIDENT


PUBLIC SAFETY

                                   
RESOLUTION

          BY MESSRS: JOHN HUMBLE SR AND JIMMIE PELLERIN

BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 7th day of September, 2004, does hereby authorize the Director of Emergency Preparedness and Homeland Security to execute an agreement with American Rescue Resources, LLC, for the purpose of conducting full scale exercises in Acadia Parish.

ADOPTED: SEPTEMBER 7, 2004

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia S. Broussard
KATRY MARTIN                                    CECELIA S. BROUSSARD
SECRETARY-TREASURER                        PRESIDENT

Mr. Ray Thibodeaux, resident of the Egan Community, requested assistance with controlling the discharge of firearms in the unincorporated areas of the Parish. He indicated that people were firing guns within close proximity to his residence. He urged the Jury to consider adopting an ordinance providing for safe distances to discharge firearms near or around private property.

Juror Broussard noted that previous examples had been obtained from other parishes relative to the subject.

The issue was referred to the Legislative Committee for further discussion.


PUBLIC WORKS/ROAD & BRIDGE

Mr. John Quebodeaux, Director of Operations, pointed out that the Corps of Engineers was interested in the environmental impact of drainage along with Bayou Queue de Tortue in South Acadia Parish. He suggested that the Jury provide “Notice of Interest” to the Corps relative to the subject.

A motion was offered by Mr. Felton Moreau, seconded by Mr. A. J. Credeur, to authorize the Director of Operations to issue a “Letter of Interest” to the Corps of Engineers relative to the impact of drainage in the area along Bayou Queue de Tortue. Motion carried.

Mr. Quebodeaux advised that the load rating on South Avenue H Bridge was lowered to 10-15 tons due to the deteriorating condition of the substructure.

                                   
RESOLUTION

             BY MESSRS: CADE BENOIT AND A J BROUSSARD

BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 7th day of September, 2004, does hereby authorize Aucoin & Associates to prepare plans and specifications to construct improvements on Morrow Road pursuant to the Rural Development Grant Program awarded for the 2003-2004 Grant Year.

BE IT FURTHER RESOLVED that the plans include the construction of an improved aggregate roadway including approaches to the bridge crossing Bayou Plaquemine within the limits of the existing Parish easement.

ADOPTED: SEPTEMBER 7, 2004

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia S. Broussard
KATRY MARTIN                                    CECELIA S. BROUSSARD
SECRETARY-TREASURER                        PRESIDENT

                                  
ORDINANCE #875

AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON ST NICHOLAS LANE (PARISH ROAD 3-68) 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:

                     
St. Nicholas Lane (Parish Road 3-68)

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. John Humble, Sr., 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, Thomas Benoit and Felton Moreau.

NAYS:        None.

ABSENT:    Alton Stevenson

ADOPTED:  SEPTEMBER 7, 2004

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia S. Broussard
KATRY MARTIN                                    CECELIA S. BROUSSARD
SECRETARY-TREASURER                        PRESIDENT

                                
ORDINANCE #876

AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON MUSKRAT ROAD IN ACADIA PARISH, LOUISIANA, AT A SPEED IN EXCESS OF
FIFTEEN 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 fifteen miles per hour on the following described Parish Road:

                                 
Muskrat Road
                        from Primeaux to the dead end

SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle in excess of fifteen 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:        A. J. Broussard, John Humble, Sr., Cecelia Broussard, Jimmie
                 Pellerin, A. J. Credeur, Thomas Benoit and Felton Moreau.

NAYS:        None.

ABSENT:     Alton Stevenson

ADOPTED:  SEPTEMBER 7, 2004

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. A. J. Broussard, to approve the expenditure of $1,900.00 out of Parish Transportation for the removal of trees on Paulette and Benton Roads. Motion carried.

                                   
RESOLUTION

            BY MESSRS: FELTON MOREAU AND A J CREDEUR

WHEREAS, the local drainage districts of Acadia Parish have certain mechanical equipment which are necessary for its operation and maintenance of drainage in the Parish of Acadia, and

WHEREAS, the Acadia Parish Police Jury has certain equipment which provides for its operation and maintenance of its roads, streets, bridges and drainage in the Parish, and

WHEREAS, the use of sharing equipment for certain functions, procedures and maintenance can be done without the cost of buying a piece of equipment which is already owned by the other entity.

WHEREAS, it is in the best interest of the citizens of the Parish of Acadia and the local drainage districts that the sharing of equipment be utilized to reduce cost and improve operations and services.

THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 7th day of September, 2004, does hereby request that the local drainage districts enter into an Intergovernmental Agreement authorizing the sharing of equipment for roads, streets, bridges and drainage and other maintenance functions with the Acadia Parish Police Jury and in a reciprocal manner.

BE IT FURTHER RESOLVED that the President be empowered, authorized and directed to enter into an Intergovernmental Agreement with the local drainage districts to share and exchange equipment for roads, streets, bridges and drainage and other maintenance functions for the Parish of Acadia and the local drainage districts.

ADOPTED: SEPTEMBER 7, 2004

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia S. Broussard
KATRY MARTIN                                    CECELIA S. BROUSSARD
SECRETARY-TREASURER                        PRESIDENT

Engineer Ryan Fuselier reported that due to a lack of participation to repair St. Margaret Bridge that the process would be extended for one week.

No action was taken required.


SOLID WASTE/ENVIRONMENTAL

Mr. Bret Bayard, with Mader Engineering, explained reasons for the increase of construction quantities on the Landfill Liner Project currently underway. He indicated that aerial photography was used to determine earthen quantities for excavation.

Mr. David Lourie with Lourie Consultants explained that proportionate increases in the contract for services was due to the additional contract days as well as an increase in the scope of the project.

                                    
RESOLUTION

         BY MESSRS: FELTON MOREAU AND JOHN HUMBLE SR

BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 7th day of September, 2004, does hereby empower, authorize and direct the President Cecelia S. Broussard to execute Short-Form Proposal and Contract with Lourie Consultants in the amount of $208,086.78 to perform the Construction Quality Assurance Service required by LDEQ pursuant to the liner extension in Phase V Acadia Parish Sanitary Landfill.

BE IT FURTHER RESOLVED that the 2004 Budget be amended to provide for said expenditures.

ADOPTED: SEPTEMBER 7, 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 August, 2004. The report indicated a gross receipt of $419,591.63 an increase of $60,925.98 from August, 2003.


COMMENTS FROM THE PUBLIC

The Secretary announced that the Region Seven Meeting will be held in Jennings on September 25, 2004, and that a Special Meeting of the Police Jury would be necessary October 12, 2004, to adopt the millages for the upcoming tax year.

The President indicated that Mr. Tom Regan, Candidate for Third Circuit Court of Appeal, sends his regrets for not making the meeting.

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 21, 2004, AT THE HOUR OF 6:30 P.M.


 


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