CROWLEY, LOUISIANA
AUGUST 1, 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
JOHN HUMBLE, SR
A. J. BROUSSARD
CECELIA B. CHAMBERS
JIMMIE PELLERIN
CADE BENOIT
FELTON MOREAU
ABSENT:
A. J. CREDEURA motion was offered by Mr. John Humble, Sr., and duly seconded by Mr. Alton Stevenson to approve the following agenda revisions:
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John Humble, Sr., to approve the Minutes of the July 18, 2006, Regular Police Jury Meeting. Motion Carried.
1. Considering amending Code of Ordinance to set speed limit on
Clement Road between Estherwood Highway and Sensat Cove
Road
2. Consider legislation relative to Sexually Oriented Businesses
3. Accept Housing Grant in the amount of $330,000. Motion Carried
COMMUNITY AND ECONOMIC DEVELOPMENTRESOLUTION 8-06-01
BY MESSRS. CADE BENOIT AND FELTON MOREAU ENDORSEMENT RESOLUTION FOR A COMPANY TO PARTICIPATE
IN THE ENTERPRISE ZONE PROGRAM
RESOLUTION STATING THE ACADIA PARISH POLICE JURY'S ENDORSEMENT OF NUTRACEA, 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; andWHEREAS, the Louisiana Department of Economic Development designated Census Tract 9611 , Block Group 002 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 1st day of August, that NUTRACEA and their project, Rice Bran Processing Facility, State Application # 061445-0 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: Mr. Alton Stevenson, Mr. John Humble, Sr., Mr. Cade
Benoit, Mr. A. J. Broussard, Mr. Jimmie Pellerin, Mr. Felton
Moreau, Mrs. Cecelia B. Chambers
NAYS: NONEABSENT: Mr. A. J. Credeur
ADOPTED: August 1, 2006ATTEST: /s/ Katry Martin /s/ Cecelia B.Chambers KATRY MARTIN CECELIA B. CHAMBERS SECRETARY-TREASURER PRESIDENT
FEDERAL/STATE ASSISTANCE
RESOLUTION No. 8-06-02
By MESSRS: ALTON STEVENSON AND CADE BENOIT
A RESOLUTION AUTHORIZING THE PARISH PRESIDENT TO EXECUTE AN AGREEMENT WITH THE LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (LA DOTD) FOR IMPROVEMENTS AT LEGROS MEMORIAL AIRPORT.
WHEREAS, Act 451 of the 1989 Regular Session of the Louisiana Legislature authorized the financing of certain airport improvements from funds appropriated from the Transportation Trust Fund; and
WHEREAS, the Acadia Parish Police Jury has requested funding assistance from the LA DOTD for installation and commissioning of an airport lighting vault HVAC system for the airport; and
WHEREAS, the LA DOTD is agreeable to the implementation of this project and desires to cooperate with the Acadia Parish Police Jury according to the terms and conditions identified in the attached Agreement; andWHEREAS, the LA DOTD will provide the necessary funding for equipment purchase and will reimburse the sponsor up to $2,595.00 of the actual installation and commissioning costs,
NOW THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury that it does authorize the Parish President to execute an Agreement for the project identified as SPN 977-99-0104, more fully identified in the Agreement attached hereto.This resolution shall be in full force and effect from and after its adoption.
The aforesaid resolution, having been submitted to a vote, the vote
thereon was as follows:
YEAS: Mr. Alton Stevenson, Mr. John Humble Sr., Mr. Cade Benoit,
Mr. A. J. Broussard, Mr. Jimmie Pellerin, Mr. Felton Moreau,
Mrs. Cecelia B. Chambers
NAYS: NONE
ABSENT: Mr. A .J. Credeur
ADOPTED: August 1, 2006
ATTEST:/s/ Katry Martin __ /s/ Cecelia B. Chambers
RESOLUTION 8-06-3
KATRY MARTIN CECELIA B. CHAMBERS SECRETARY-TREASURER PRESIDENT
BY MESSRS ALTON STEVENSON AND FELTON MOREAU
BE IT RESOLVED by the Acadia Parish Police Jury, in regular session, duly convened this 1st day of August, 2006, does hereby authorize the President to execute an Intergovernmental Agreement between the Town of Basile and the Acadia Parish Police Jury for the purpose of Animal Control Assistance.
ADOPTED: August 1, 2006
ATTEST:/s/ Katry Martin __ /s/ Cecelia B. Chambers
RESOLUTION 8-06-4
KATRY MARTIN CECELIA B. CHAMBERS SECRETARY-TREASURER PRESIDENT
BY MESSRS JOHN HUMBLE SR., AND JIMMIE PELLERIN
WHEREAS, Senate Bill 607, also known as the Pet Evacuation Transportation (PET) Bill mandates the local Office of Emergency Preparedness to prepare and administer an emergency evacuation plan for domesticated animals and service animals; and,
WHEREAS, the Acadia Parish Office of Emergency Preparedness has prepared and included such a plan in the Parish’s Master Evacuation Plan; and
NOW, THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury, in regular session, duly convened this 1st day of August, 2006, does hereby approve and adopt the Acadia Parish Pet Evacuation Plan.
ADOPTED: August 1, 2006ATTEST:
/s/ Katry Martin___ /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
PUBLIC WORKS/ROADS AND BRIDGESORDINANCE No. 917
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON Clement Road between Estherwood Highway and Sensat Cove Road, ACADIA PARISH, LOUISIANA, AT A SPEED IN EXCESS OF THIRTY-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 thirty-five miles per hour on the following described Parish Road:Clement Road
SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle in excess of thirty-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.
between Esterwood Highway and Sensat Cove Road
SECTION 3. BE IT FURTHER ORDAINED that any laws or parts of laws in conflict are hereby repealed.The Ordinance was offered by Mr. A. J. Broussard 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: Mr. Alton Stevenson, Mr. John Humble Sr., Mr. Cade Benoit,
Mr. A. J. Broussard, Mr. Jimmie Pellerin, Mr. Felton Moreau
Mrs. Cecelia B. Chambers
NAYS: NONE
ABSENT: Mr. A .J. Credeur
ADOPTED: AUGUST 1, 2006
ATTEST:
/s/ Katry Martin /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. Felton Moreau and seconded by Mr. Jimmie Pellerin to approve drainage project 2006-11 on Henry and Benton Roads at a cost of $6,018.80. Motion Carried.
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Felton Moreau, to authorize the purchase of crossover culverts in the amount of $8435.60 for Benton, Riverside, Fernest, and Isaac Roads. Motion carried.
ORDINANCE No. 918
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON Harmon road Between Highway 98 and Highway 370 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:
HARMON ROAD
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.
BETWEEN HIGHWAY 98 AND HIGHWAY 370
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. Felton Moreau after being read and considered section by section was adopted as a whole by the following vote
YEAS: Mr. Alton Stevenson, Mr. John Humble, Sr., Mr. Cade
Benoit, Mr. A. J. Broussard, Mr. Jimmie Pellerin, Mr. Felton
Moreau, Mrs. Cecelia B. Chambers
NAYS: NONE
ABSENT: Mr. A .J. Credeur
ADOPTED: AUGUST 1, 2006
ATTEST:/s/ Katry Martin_____ /s/ Cecelia B. Chambers
SOLID WASTE AND ENVIRONMENTAL Mr. Charles Labbe, Municipal Clerk, Church Point, Louisiana made the following presentation:” It is my sincere intention to behave in a very reasonable manner as I present the following facts, which I am requesting to be entered into the minutes of the official proceedings of this Police Jury meeting today: Your official minutes and the newspaper report last week appearing in the July 28th edition of the Crowley Post Signal report that" Auditor Fayetta Dupre recommended the reasonable adjustment would be $6.62 ... ". Please refer to the letter dated July 21, 2006 signed by Ms. Dupre on the letterhead of the firm Broussard, Poché, Lewis, & Breaux. will read the letter "BROUSSARD, POCHE, LEWIS & BREAUX, L.L.P. CERTIFIED PUBLIC ACCOUNTANTS July 21, 2006 Mr. Katry Martin Acadia Parish Police Jury P.O. Box A Crowley, LA 70527-6001 ‘Dear Katry: I received a phone call today regarding the work we performed on the Allied Waste proposed rate adjustment. As a result of that phone call, I looked at the minutes of the committee meeting posted on the web site and am requesting that those minutes be amended to properly reflect what occurred as detailed below. The minutes reflect that I determined $6.62 to be a reasonable rate adjustment. This is incorrect. As you and I discussed before the meeting, I simply looked at the 2006 cost information, presented by Allied Waste, and determined what the rate would need to be for them to maintain the same gross profit percent their numbers reflected they were earning in 2003, when the current contract was negotiated. As I stated at the committee meeting, I did not examine support for the cost information supplied by Allied Waste, nor did I perform any other procedures related to the request. Accordingly, I did not report that this was a reasonable request nor did I recommend that the police Jury grant the requested rate adjustment. I simply reported to the Police Jury the procedures I had performed and the results of those procedures. If you want to discuss this further or have any questions, please give me a call. Sincerely, /s/ Fayette T. Dupre Fayetta T. Dupre' cc: Cecelia B. Chambers.’ Please note as reported in the same newspaper article the executive for your waste collection contractor stated: "He did note that he declined to share the supporting documentation with the Jury members, but he did share it with an impartial third party the auditor.” Nothing was denied the auditor," emphasized Guidry'' Again, please refer to the letter from Ms. Dupre. Now please refer to a letter signed by Bobby J. Guidry, dated July 6, 2006 where after being probed by the parish auditor for clarifications and missing information he is admitting that there were key elements of financial data left out of the hidden information which you and I are being denied access to, in spite of the fact Louisiana Revised Statute clearly defines any document or information used by a public body in a transaction where public money is involved is in fact a "Public Record". On the voice recording of the meeting last Thursday you will find this waste collection executive in a threat of litigation with the Police Jury stated that there had been previous litigation between his company and the Acadia Parish Police Jury and that the Acadia Parish Police Jury had lost and had to pay. Indeed, there is a history here but it is not as he stated and he well knows it is not true because he was an executive with the company then, just as he is now. The truth is that his company was fined $5,000 for cheating the Police Jury and the people of Acadia Parish involving, guess what, rate adjustments. As a result of litigation his company was made to pay restitutions to the Acadia Parish Police Jury. Now let us move on to the spreadsheet presented to you by this waste collection executive representing comparisons of waste collection charges in our neighboring areas. Since we are a parish and we, after all, should be making fair apple to apple and orange to orange comparisons let us focus on the upper right where the parishes are listed. 1) First being Jeff Davis. Jeff Davis Parish has, as is referred to in the industry, a subscription service. This means that essentially there is no contract and the parish does not pay the waste collector any money. Here the waste collector must solicit his own customers in a competitive market, mail his bill to the customer, collect his own money from individual households, and there is no guarantee from Jeff Davis Parish Government whatsoever. This is not a reasonable apple to apple comparison with our situation. 2) St. Mary Parish; he presents to you for comparison a price of $15.14 per month. Please refer to the email to me dated today from the Chief Administrative officer of St Mary Parish where you can see that the current price for waste collection is $10.33 per month for twice a week collection for an automated collection service where the contractor is required to provide a 96 gallon industrial strength trash can and the waste collector is required to pay a disposal fee. Again this is not a proper apple to apple comparison for Acadia Parish since we do not have the more costly automated collection, nor do we have more costly twice a week collection, nor is our waste collection contractor required to pay any costly disposal fees. 3) Calcasieu Parish; Please refer to letter dated July 31, 2006 from the Calcasieu Parish Assistant Administrator. This is also not a reasonable apple to apple comparison since this charge includes costly transportation fees out of state to Newton County, TX. And once the waste arrives there costly fees are required to dispose of it. 4) St. Martin Parish; Please refer to the page titled SECTION III of the St. Martin Parish waste collection contract the price when the contract began in 2001 for waste collection when you extract the cost for recycling, white good collection, and disposal fees the price is $3.63 if you then account for the increases to date the current price in 2006 is $5.37. Now this is a reasonable comparison. 5) Beauregard Parish; Please refer to the Fax from the Beauregard Police Jury dated July 7, 2006. Here again you will see that this price does not contain costly disposal fees to transport the waste out of parish to Welch, La. And therefore not a reasonable apple to apple comparison. 6) Iberia Parish; Please refer to page titled ADDENDUM NO. 2 SCHEDULE A PAGE 2 of the Iberia Parish Waste Collection contract. Here after extracting the disposal fee you will see the original 2001 contract starting price of $4.42 per month for twice a week service and the current 2006 price of $4.97 please note that this is for twice a week automated service, where 96 gallon waste cans are issued to each household at the contractors expense, it is current, it is less than our price was before applying the recent enormous increase. This is a reasonable comparison indicating a higher level of service is actually costing Iberia Parish less than Acadia. 7)St. Landry Parish; Please refer to email dated today from the St. Landry Parish Solid Waste Commission Executive Director where you will see the price for once a week service like we have here in Acadia Parish is $4.35 which is not the deceitful $6.57 per month rate as is represented by your waste collection executive. In fact there is no such $6.57 rate whatsoever in St. Landry Parish. This is an identical apple to Apple comparison to our situation. It is for once a week service, paid to the contractor by parish government by contract with no disposal fees involved and being a parish with a border contiguous to Acadia it is the geographically closest apple to apple comparison of all. You will also note that this ideal comparison indicates that as a result of the Police Jury approving the Acadia Parish $2,000.00 a day, $500,000.00 a year rate increase to $6.62, we are now going to pay a rate which is 53% higher than our neighbor with an identical service situation. If the waste collection company that has a proven history of cheating the Acadia Parish people out of their money, is willing to misrepresent the facts to the extremes that has been demonstrated here what is the extent of misrepresentation which may be contained in a document that you and are denied access to? In 1982 the Mayor and Council of Church Point on behalf of the taxpaying citizens of Church Point with good will and good faith entered into an intergovernmental agreement with the Acadia Parish Police Jury in a partnership for waste collection. Since then the voters of Acadia Parish approved a referendum dedicating surpluses from the solid waste tax to be spent on public roads in Acadia Parish. Over the last ten years millions of surplus dollars from this fund have gone into improvements and maintenance of parish roads. This fiscal year the tax dollars extracted from the people of Church Point and given to the Acadia Parish Police Jury for waste collection amounts to 85% of what the people of Church Point are taxed for all of the operations of our city government, a seriously significant amount of tax money. In recognition of our significant contribution to this program and in an effort to preserve the good faith and the good will of our partnership, we are requesting that you move now and adopt a resolution to suspend any payments relative to this increase until the official auditor for the municipal government of Church Point and the Louisiana State Legislative Auditor have had an opportunity to review the so-called confidential financial information provided by your waste collection contractor and also until Louisiana State Attorney General has reviewed the waste collection contract in order that they respectively validate the financial and legal appropriateness of the rate increase. This will be at no cost to you and: I am sure all will agree that given the information presented here that this it is a very reasonable request. In behalf of the citizens of Church Point and the citizens of the parish who are relying on continued financially healthy and sound waste and road maintenance programs I ask you Please. I Plead with You, Please act favorably upon this request now.”
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. Cade Benoit and seconded by Mr. Felton Moreau to request the State Legislative Auditor review information provided by Allied Waste and the Louisiana State Attorney General review the waste collection contract in order that they respectively validate the financial and legal appropriateness of the rate increase. Motion failed.YEAS: Mr. Alton Stevenson, Mr. Cade Benoit, Mr. Felton Moreau
NAYS: Mr. John Humble Sr., Mr. A.J. Broussard, Mr. Jimmie Pellerin,
Mrs. Cecelia B. ChambersABSENT: Mr. A .J. Credeur
RESOLUTION 8-06-5
BY MESSRS ALTON STEVENSON AND FELTON MOREAU
BE IT RESOLVED by the Acadia Parish Police Jury, in regular session, duly convened this 1st day of August, 2006, does hereby authorize the President to execute an Agreement between State of Louisiana Housing Finance Agency and the Parish of Acadia for participation in the REHAB LA SHARE GRANT PROGRAM.BE IT FURTHER RESOLVED by the Acadia Parish Police Jury does authorize the engagement of a second party to administer the registration process.
CLOSING
ADOPTED: AUGUST 1, 2006
ATTEST:
/s/ Katry Martin_____ /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
COMMENTS FROM THE PUBLIC
Mr. J. Michael Johnson, attorney for the Alliance Defense Fund presented the members of the Police Jury with a proposed Acadia Parish Sexually Orientated Businesses (S.O.B) Ordinance for review. Mr. Johnson further presented information on studies and the undesirable effects that Sexually Oriented Businesses have on communities.
Mr. Mike Reagan appealed to the members of the Police Jury to enact legislation for the licensing and regulating of sexually orientated businesses.
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 AUGUST 15, 2006, AT THE HOUR OF 6:30 P.M.
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