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CROWLEY, LOUISIANA

APRIL 18, 2006

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 B. Chambers, 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 B. CHAMBERS
JIMMIE PELLERIN
A J CREDEUR
CADE BENOIT
FELTON MOREAU

A motion was offered by Mr. John Humble, Sr., seconded by Mr. Alton Stevenson, to amend the agenda to consider hiring a Parish road maintenance employee. Motion carried.

A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. Alton Stevenson, to approve the Minutes of the April 4, 2006, Regular Police Jury Meeting. Motion carried.

A motion was offered by Mr. Alton Stevenson, seconded by Mr. Jimmie Pellerin, to proclaim May 14-20, 2006, as Homeless Awareness Week in Acadia Parish. Motion carried.

* * *P R O C L A M A T I O N* * *

WHEREAS, for the past several years the National Coalition for the Homeless and National Student Campaign Against Hunger and Homelessness have sponsored National Hunger and Homelessness Awareness Week; and

WHEREAS, the purpose of the proclamation is to educate the public about the many reasons people are hungry and homeless including the shortage of affordable housing for very low income residents; and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations; and

WHEREAS, there are many organizations committed to sheltering, providing supportive services as well as meals and food supplies to the homeless including the ASSIST Agency Homeless Shelter, Crowley Christian Care, Faith House, Ms. Helen’s Soup Kitchen and the Welcome House; and

WHEREAS, this community recognizes that hunger and homelessness continues to be a serious problem for many individuals and families.

NOW, THEREFORE, I, Cecelia B. Chambers, President of the Acadia Parish Police Jury, Crowley, Louisiana do hereby proclaim May 14-20, 2006 as

Hunger and Homelessness Awareness Week

in the Parish of Acadia and encourage all citizens to recognize that many people do not have housing and need support from citizens, and private/public nonprofit service entities.

IN WITNESS, WHEREOF, I have hereunto set my hand to be affixed the Seal of the Parish of Acadia, Crowley, Louisiana, this the 18th day of April, 2006.

                                                                 /s/ Cecelia B. Chambers
ATTEST:
                                                              PRESIDENT
/s/ Katry Martin
SECRETARY-TREASURER
 

FINANCE

A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John Humble, Sr., to approve the bills for the month of March. Motion carried.

RESOLUTION

BY MESSRS: JOHN HUMBLE SR AND ALTON STEVENSON

WHEREAS, the Acadia Parish Police Jury advertised to receive bids on Monday, April 3, 2006, for the purchase of one new or used roll-off truck, and

WHEREAS, one bid was received from Damian Groene Trucks & Parts of Tampa in the amount of $89,000.00, and

WHEREAS, the 2006 Budget provided for $70,000 to purchase one new or used roll-off truck.

THEREFORE BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened this 18th day of April, 2006, does hereby reject the sole bid received from Damian Groene Trucks & Parts of Tampa for the purchase of one new or used roll-off truck.

BE IT FURTHER RESOLVED that the Jury amend the 2006 Budget to provide for an additional $40,000 and further authorize the Secretary to advertise for the purchase of one new roll-off truck.

ADOPTED: APRIL 18, 2006

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia B. Chambers
KATRY MARTIN                                    CECELIA B. CHAMBERS
SECRETARY-TREASURER                        PRESIDENT

A motion was offered by Mr. A. J. Credeur, seconded by Mr. Jimmie Pellerin, to approve the request by the Registrar of Voters to amend the 2006 Budget by transferring $1,300.00 from Capital Outlay to Rentals for the purpose of leasing a color copier. Motion carried.
 

LEGISLATION

RESOLUTION

BY MESSRS: JOHN HUMBLE SR AND JIMMIE PELLERIN

WHEREAS, every Parish in the State of Louisiana is authorized to exercise the power of eminent domain, including the power of expropriation of private property for a public purpose upon the payment to the owner the full and fair market value thereof, and

WHEREAS, the Acadia Parish Police Jury takes great care and consideration in the exercise of the power of eminent domain, and

WHEREAS, all such decisions are made with great care to balance the common needs of the citizens of Acadia Parish with the private property rights of the property owners of Acadia Parish, and

WHEREAS, the elected members of the Acadia Parish Police Jury will only exercise the power of eminent domain when such exercise is vital to the general or economic health or welfare of Acadia Parish, and

WHEREAS, economic development is essential to the prosperity of the State of Louisiana and the Parish of Acadia and is a valid and appropriate public purpose for the exercise of the power of eminent domain, and

WHEREAS, with withering resources from the State and federal government, successful economic development projects often depend on a collaboration between public and private interests, and

WHEREAS, sometimes the exercise of eminent domain, including the expropriate of private residential or commercial property, is necessary to facilitate economic development projects which arise from the collaboration between public and private interests, and

WHEREAS, the US Supreme Court has, for over 50 years, recognized economic development as a valid public purpose to exercise the authority of eminent domain, and

WHEREAS, the Louisiana Courts have likewise recognized economic development as a valid public purpose for the exercise the authority of eminent domain, and

WHEREAS, there are some who seek to limit or strip local governments of the ability to use eminent domain to facilitate vital economic development projects, and

WHEREAS, limiting or stripping local government of the ability to utilize eminent domain for economic development will hinder the growth and recovery of the State of Louisiana and Acadia Parish.

THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 18th day of April, 2006, that the Congress of the United States, Congressman Charles Boustany, Jr., Senator Mary Landrieu, Senator David Vitter, Governor Kathleen B. Blanco, the Louisiana Legislature, Representatives Gil Pinac and Mickey Guillory and Senators Gerald Theunissen and Nick Gautreaux are urged and requested to oppose any effort by the Congress of the United States or the Louisiana Legislature to limit or strip the authority of local governments, including the Acadia Parish Police Jury from using economic development as the public purpose for the exercise of the power of eminent domain.

BE IT FURTHER RESOLVED by the Acadia Parish Police Jury that a copy of this Resolution be delivered to the Congress of the United States, Congressman Charles Boustany, Jr., Senator Mary Landrieu, Senator David Vitter, Governor Kathleen B. Blanco, the Louisiana Legislature, Representatives Gil Pinac and Mickey Guillory and Senators Gerald Theunissen and Nick Gautreaux .

ADOPTED: APRIL 18, 2006

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia B. Chambers
KATRY MARTIN                                    CECELIA B. CHAMBERS
SECRETARY-TREASURER                        PRESIDENT

A motion was offered by Mr. Alton Stevenson, seconded by Mr. John Humble, Sr., to authorize the drafting of amendments to the Parish Code of Ordinances to provide reimbursement of costs incurred when loose livestock are impounded. Motion carried.

RESOLUTION

BY MESSRS: A J CREDEUR AND FELTON MOREAU

WHEREAS, House Bill No. 843 offered by Representative Damico would provide for fees to be collected from certain solid waste facilities and would further authorize the Secretary of the Department of Environmental Quality to promulgate rules and regulations; and to provide for related matters, and

WHEREAS, the Department of Environmental Quality currently assesses fees on solid waste facilities for the purpose of annual monitoring and maintenance fees, and

WHEREAS, the imposition of additional fees on local solid waste facilities operated by local government would cause an undue burden as certain public entities could not pass the cost onto the user.

THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 18th day of April, 2006, does hereby oppose House Bill No. 843 that would provide for the collection of fees not exceeding one dollar per ton of commercial solid waste or residential solid waste deposited into the sanitary landfill not to exceed one hundred fifty thousand dollars.

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Parish Legislative Delegation, the Acadia Parish Police Jury and the Secretary of the Department of Environmental Quality.

ADOPTED: APRIL 18, 2006

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia B. Chambers
KATRY MARTIN                                    CECELIA B. CHAMBERS
SECRETARY-TREASURER                        PRESIDENT

ORDINANCE #910

              An Ordinance amending the Acadia Parish Code of
              Ordinances to provide for the permitting of certain
              Oil Drilling Activities to require an Emergency
              Contingency Plan to provide as part of the permit
              process.

BE IT ORDAINED by the Police Jury of Acadia Parish, Louisiana in regular session on the 18th day of April, 2006, hereby amends the Parish Code of Ordinances relative to establishing guidelines for the construction of pipeline and/or the drilling of wells in Acadia Parish.

BE IT FURTHER ORDAINED that persons, corporations, firms, etc. involved in onshore drilling in the exploration for oil, gas or other minerals within the boundaries of the Parish of Acadia be required to submit an Emergency Contingency Plan for the site which such plan shall be approved by the Acadia Parish - Office of Emergency Preparedness Director/LEPC Chairperson and shall include resources and procedures in place for the response and prevention of releases of oil or hazardous waste constituents to the air, soil, and surface or ground water as required by Federal and state Government procedures.

BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.

The Ordinance was offered by Mr. Alton Stevenson, and seconded by Mr. Jimmie Pellerin, and 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 B.
          Chambers, Jimmie Pellerin, A. J. Credeur, Felton Moreau and Cade
          Benoit.

NAYS: None.

ABSENT: None.

ADOPTED: APRIL 18, 2006

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia B. Chambers
KATRY MARTIN                                    CECELIA B. CHAMBERS
SECRETARY-TREASURER                        PRESIDENT
 

PERSONNEL

A motion was offered by Mr. Cade Benoit, seconded by Mr. John Humble, Sr., to authorize the hiring of Mr. Clayton Smith and Mr. Michael Solomon, as Heavy Equipment Operators at the Acadia Parish Sanitary Landfill at $9.00 per hour provided all hiring requirements are met. Motion carried.

A motion was offered by Mr. Alton Stevenson, seconded by Mr. Felton Moreau, to authorize the hiring of Mr. Don Touchet as Maintenance Tech Level D at $8.00 per hour and Mr. Cory Broussard, Maintenance Tech Level D at $7.50 per hour as road maintenance employees provided all hiring requirements are met. Motion carried.

A motion was offered by Mr. Cade Benoit, seconded by Mr. Alton Stevenson, to authorize the hiring of Ms. Jackie Babineaux, Assistant Secretary-Treasurer at $1,768 per pay period provided all hiring requirements are met. Motion carried.

Juror A. J. Broussard confirmed the annual amount of pay as Juror John Humble, Sr., questioned space allocation.

President Cecelia B. Chambers requested a copy of the current Secretary-Treasurer’s job description.

Ms. Babineaux then introduced herself to the members and those in attendance.

A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. Felton Moreau, to authorize overtime pay for the Registrar of Voters within the limits of the existing budget. Motion carried.

A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. A. J. Broussard, to authorize a budget amendment to transfer $15,000 from Industrial District #1 to Economic Development and further authorize a six month Economic Development Consulting Agreement with Mr. John Walker in the amount of $30,000. The following roll call was cast: Yeas: A. J. Broussard, John Humble, Sr., Cecelia B. Chambers and Jimmie Pellerin. Nays: Alton Stevenson, A. J. Credeur, Cade Benoit and Felton Moreau. Motion failed.
 

PUBLIC FACILITIES/BUILDING & GROUNDS

A motion was offered by Mr. Alton Stevenson, seconded by Mr. Felton Moreau, to authorize the Director of Emergency Preparedness and Homeland Security to solicit proposals for debris management. Motion carried.
 

PUBLIC WORKS/ROAD & BRIDGE

A motion was offered by Mr. A. J. Credeur, seconded by Mr. Felton Moreau, and subsequently amended to rescind action of March 21st authorizing Aucoin & Associates to prepare plans and specifications to construct surface treatment improvements and certain reconstruction of roadways repaired in Phase I and II and to then authorize Aucoin & Associates and Mader Engineering to prepare plans and specifications for new construction as part of Phase III Part B priority road improvements and further prepare plans to include re-construction and improvements to Ellis, L. Boudreaux and Benton Roads. 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 B. Chambers and Jimmie Pellerin. Motion failed.

A motion was offered by Mr. A. J. Credeur, seconded by Mr. Jimmie Pellerin, to approve the Emergency Work Report for the month of March, 2006. Said expenditures to be in the amount of $15.16. Motion carried.

A motion to authorize the calling of a public hearing to receive comments on the proposed plan to alter and improve the railroad crossings in the vicinity of Estherwood, Midland and Mermentau died for lack of a second.

A motion was offered by Mr. A. J. Credeur, seconded by Mr. John Humble, Sr., to approve drainage projects 2006-7 & 8 on Oran and Paul Roads at an estimated cost of $3,077. Motion carried.

RESOLUTION

BY MESSRS: A J CREDEUR AND FELTON MOREAU

BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 18th day of April, 2006, does hereby authorize the President to execute an Intergovernmental Agreement with St. Landry Parish to share equally in the expense to repair Jacob Road as part of Phase III Part B as Jacob Road serves as a boundary line between both Acadia and St. Landry Parishes.

ADOPTED: APRIL 18, 2006

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia B. Chambers
KATRY MARTIN                                    CECELIA B. CHAMBERS
SECRETARY-TREASURER                        PRESIDENT

RESOLUTION

BY MESSRS: A J CREDEUR AND JOHN HUMBLE SR

BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 18th day of April, 2006, does hereby empower, authorize & direct the President to execute Change Order No. 1 and Administrative Change Order for Istre Road Bridge Repair Project in the amount of Nineteen Thousand Nine Hundred Forty-two and 90/100 ($19,942.90) Dollars with E. B. Feucht & Sons, Inc for an adjusted contract price of Two Hundred One Thousand One Hundred Fifty-two and 90/100 ($201,152.90) Dollars.

ADOPTED: APRIL 18, 2006

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia B. Chambers
KATRY MARTIN                                    CECELIA B. CHAMBERS
SECRETARY-TREASURER                        PRESIDENT

RESOLUTION OF TERMINATION

The following resolution was offered by Mr. A. J. Credeur, duly seconded by Mr. John Humble, Sr., and duly resolved and adopted on April 18, 2006.

A resolution authorizing and directing the President to execute for and on behalf of the Acadia Parish Police Jury, a Notice of Termination from E. B. Feucht & Sons, Inc., Contractor, pertaining to the completion of the contract, for "Istre Road Bridge Repairs" in accordance with the plans and specifications contained in the contract documents pertaining thereto.

WHEREAS, E. B. Feucht & Sons, Inc., as Contractor, has completed the "Istre Road Bridge Repairs" in accordance with the 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 a Notice of Termination 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 Notice recorded in the Conveyance Records of the Parish of Acadia, State of Louisiana.

YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia B.
          Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and Felton
          Moreau.

NAYS: None.

ABSENT: None.

ADOPTED: APRIL 18, 2006

ATTEST:

/s/ Katry Martin                                   /s/ Cecelia B. Chambers
KATRY MARTIN                                    CECELIA B. CHAMBERS
SECRETARY-TREASURER                        PRESIDENT

A motion was offered by Mr. A. J. Credeur, seconded by Mr. Felton Moreau, to authorize final acceptance of the Parishwide Surface Treatment Project by W. R. Core. Motion failed.

A motion was offered by Mr. Alton Stevenson, seconded by Mr. Felton Moreau, to authorize the hiring of Mr. Joshua Dugas at $7.50 per hour as Maintenance Tech Level D as a road maintenance employee provided all hiring requirements are met. 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 MAY 2, 2006, AT THE HOUR OF 6:30 P.M.
 


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