CROWLEY, LOUISIANA
NOVEMBER 20, 2007
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, A. J. 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:
A J BROUSSARD
JOHN HUMBLE SR
CECELIA B. CHAMBERS
JIMMIE PELLERIN
A J CREDEUR
CADE BENOIT
FELTON MOREAUABSENT: ALTON STEVENSON
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., to revise the agenda to consider a pay increase for Mr. C. J. Leger, Custodian of the Crowley-Rayne Industrial Park. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. Cade Benoit, to approve the Minutes of the October 16, 2007, Regular Police Jury Meeting and the November 6, 2007, Special Meeting. Motion carried.
Dr. Ron Levy, County Agent, gave an update on activities and also introduced other agents. Ms. Adrienne Vidrine, FCS Agent, Mr. Barrett Courville, County Agent, Mrs. Sheena Grote-Cecil, 4-H Agent and Ms. Lou Ann Jenkins, 4-H Agent.
Mr. Mark Lalande, Architect, gave an update on the Criminal Justice Center Project. He requested meetings next week to finalize the project.
APPOINTMENTS
RESOLUTION
BY: MRS CECELIA CHAMBERS AND MR JOHN HUMBLE SR
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 20th day of November, 2007, does hereby re-appoint MR. BRADLEY LEGER to the Resource Conservation & Development Program for a two year term effective November, 2007.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTFEDERAL/STATE FINANCIAL ASSISTANCE
RESOLUTION
BY: MRS CECELIA CHAMBERS AND MR JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 20th day of November, 2007, does hereby amend the Acadia Parish Long Term Community Recovery Plan to add a Public Safety Project to include the renovating of an existing building or construction of a new building into a critical response facility to ensure a unity in critical emergency response throughout Acadia Parish during natural disasters and emergencies.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTRESOLUTION
BY: MRS CECELIA CHAMBERS AND MR JOHN HUMBLE SR
WHEREAS, the Long Term Community Recovery Plan was encouraged as part of an Emergency Support Function, a federally supported effort put in place following an incident of national significance, and
WHEREAS, this plan was initiated by local elected officials, accessing professional expertise and community ideas in a collaborative manner, guided by local interests and ideas on making the community more resilient to future natural hazards and more competitive economically, and
WHEREAS, Acadia Parish officials captured the vision and ideas from throughout the Parish, but relied on the professional assistance of the Acadiana Regional Development District to package the message and provide a clear framework for Acadia’s recovery and its future.
WHEREAS, the Acadia Parish Long Term Community Recovery Plan is designed to support a sustainable, healthy community addressing both need and opportunities.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of November, 2007, does hereby adopt the Acadia Parish Long Term Community Recovery Plan as amended.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTRESOLUTION
BY: MR CADE BENOIT AND MRS CECELIA CHAMBERS
WHEREAS, according to the Louisiana Recovery Authority projects listed in the Acadia Parish Long Term Community Recovery Plan must be prioritized, and
WHEREAS, the projects were reviewed and prioritized by the Acadia Parish Police Jury.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of November, 2007, does hereby adopt the priority list of projects from the Acadia Parish Long Term Community Recovery Plan in the following categories: 1) Infrastructure and Community Services, 2) Public Safety, 3) Housing and Community Design, 4) Environmental Management, 5) Economic Development.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard___
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTThe following resolution was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., and unanimously carried:
RESOLUTION
A RESOLUTION AUTHORIZING FOUR (4)
ACADIA PARISH POLICE JURY OFFICIALS/EMPLOYEES TO SIGN THE
REQUEST FOR PAYMENT FORMS
FOR THE LOUISIANA COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR SEWERAGE IMPROVEMENTSWHEREAS, the Acadia Parish Police Jury has been awarded a Fiscal Year 2007 Louisiana Community Development Block Grant for sewerage improvements; and
WHEREAS, under the Louisiana Community Development Block Grant Program, a maximum of four (4) Police Jury officials and/or employees are to be authorized to sign the Louisiana CDBG Request for Payment forms to draw down funds from said grant; and
WHEREAS, in order to draw down funds, an authorized signature card must be completed with the signatures of a maximum of four (4) Police Jury officials and/or employees in addition to one (1) person who is to be authorized to witness the signing of the authorized signature card.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury that the following Police Jury officials and employees are the only persons hereby authorized to sign Request for Payment forms under the 2007 Louisiana Community Development Block Grant for Sewerage Improvements:
Ruby Allen
Joey Webb
Melinda Leger
Peggy S. RomeroBE IT FURTHER RESOLVED that A. J. "Fatty" Broussard is hereby authorized to witness and certify that the above mentioned Police Jury officials and employees actually sign the authorized signature card for the Louisiana Community Development Block Grant Program.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard___
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTThe following resolution was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., and unanimously carried:
RESOLUTION
A RESOLUTION GRANTING THE AUTHORITY
TO PRESIDENT A. J. "FATTY" BROUSSARD TO SIGN AND
SUBMIT ALL NECESSARY DOCUMENTS IN
CONNECTION WITH THE LOUISIANA
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
SEWERAGE IMPROVEMENTSWHEREAS, the Acadia Parish Police Jury has been awarded a Fiscal Year 2007 Louisiana Community Development Block Grant for sewerage improvements, and
WHEREAS, this federal grant program involves a significant amount of documentation and reporting.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of November, 2007, does hereby authorize the Honorable A. J. "Fatty" Broussard, President to sign and submit all of the necessary documents in connection with the 2007 Louisiana Community Development Block Grant sewerage improvements.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard____
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTThe following resolution was offered by Mr. Cade Benoit, seconded by Mrs. Cecelia Chambers and unanimously carried:
RESOLUTION
A RESOLUTION ESTABLISHING A SEPARATE,
NON-INTEREST BEARING CHECKING ACCOUNT FOR THE
LOUISIANA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
SEWERAGE IMPROVEMENTSWHEREAS, the Acadia Parish Police Jury has been awarded a Fiscal Year 2007 Louisiana Community Development Block Grant for sewerage improvements, and
WHEREAS, said funds from the State shall be deposited directly in a financial institution of the Police Jury’s choosing as they are requested, and
WHEREAS, the Police Jury must establish a separate bank account for the Louisiana Community Development Block Grant funds.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of November, 2007, does hereby authorize the Honorable A. J. "Fatty" Broussard, President to execute the appropriate Designation of Depository Form as required by the Division of Administration for a separate non-interest bearing checking account at the Bank of Commerce, Crowley, Louisiana.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard___
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTFINANCE
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. Cade Benoit, to approve the October Financial Report and the October bills. Motion carried.
RESOLUTION
BY: MR JIMMIE PELLERIN AND MRS CECELIA CHAMBERS
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 20th day of November, 2007, does hereby authorize the calling of a public hearing for December 4, 2007, at 6:00 P.M., Police Jury Meeting Room, to receive comments on the proposed 2008 Budget.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard__
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTRESOLUTION
BY: MRS CECELIA CHAMBERS AND MR JOHN HUMBLE SR
WHEREAS, the Acadia Parish Police Jury has elected to allow any and all employees to participate in a direct deposit method of payroll, and
WHEREAS, the Acadia Parish Police Jury has signed and agreed to the terms of an official agreement with the Bank of Commerce and Trust Company as the financial institute who will initiate the electronic process to the accounts maintained by their bank and at any other financial institute of our employees by means of Automated Clearing House (the "ACH").
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of November, 2007, does hereby authorize A. J. Broussard, President, to execute the appropriate forms for a Direct Deposit Agreement with Bank of Commerce, Crowley, Louisiana.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTA motion was offered by Mr. John Humble, Sr., seconded by Mr. Cade Benoit, to approve the request made by Mr. C. J. Leger, Contracted Custodian of the Crowley/Rayne Industrial Park, to increase his pay from $780.00 per month to $885.00 per month. Motion carried.
INSURANCE
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. Jimmie Pellerin, to approve the insurance premium rates submitted on behalf of Parish Government Risk Agency by CCMSI for employee group health insurance for calendar year 2008. Motion carried.
PERSONNEL
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., to adjourn into executive session to discuss the complaint against the Acadia Parish Animal Control Officer. The following roll call vote was cast: Yeas: A. J. Broussard, John Humble, Sr., Cecelia Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and Felton Moreau. Nays: None. Absent: Alton Stevenson. Motion carried.
The President reconvened the meeting.
Mr. Douglas Wimberly, Parish Attorney, advised that the present leash law ordinance be reviewed at the next committee meeting to place a graduating fee schedule for repeat offenders.
A motion was offered by Mr. Cade Benoit, seconded by Mr. Jimmie Pellerin, to authorize the hiring of Mr. Raynod J. Johnson as Truck Driver, Tech C, at a starting salary of $8.50 per hour and Mr. Dustin Smith as Mower Operator at a starting salary of $8.00 per hour at the Branch Barn provided all hiring requirements are met. Motion carried.
PUBLIC FACILITIES/BUILDING & GROUNDS
Mr. Doug Wimberly, Parish Attorney, informed the Jury that Cal Enterprises would like to purchase the adjudicated property in Mermentau from the Parish at a amount that would cover the taxes plus about 6% with the intent to reopen the facility as an oilfield waste injection site.
He reviewed steps that would have to be taken for property to be sold. The Jury would have to run ads for four weeks and give notice to previous owners so that they can have a chance to redeem the property.
Juror John Humble, Sr., stated that the Mayor Pro Temp in Mermentau does not want this facility to obtain the property. He is asking fellow Jurors to not sell the property.
A motion was offered by Mr. Cade Benoit, seconded by Mr. John Humble, Sr., to deny the request by Cal Enterprises to purchase the adjudicated property in Mermentau. Motion carried.
PUBLIC WORKS/ROAD & BRIDGE
RESOLUTION
BY MESSRS: CADE BENOIT AND FELTON MOREAU
BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 20th day of November, 2007, does hereby empower, authorize and direct the President to execute Right-of-Way Agreements for the Acadia Parish Police Jury to accept Sally Road, an aggregate road, into the Parish Road System.
YEAS: A. J. Broussard, Cecelia B. Chambers, Jimmie Pellerin,
A. J. Credeur, Cade Benoit and Felton Moreau.NAYS: None.
ABSTAINED: John Humble, Sr.
ABSENT: Alton Stevenson.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard___
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTNo action was taken on the Bridge Inspector/Contractor.
A motion was offered by Mr. Cade Benoit, seconded by Mr. Felton Moreau, to approve the request from Ernest Bieber to waive permit conditions and allow for the open cut method to install a 15" irrigation line on Degregory Road. Motion carried.
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. Jimmie Pellerin, to approve a request from Mire/Branch Water Corp. for a waiver of fees to install a 6" potable water line along Milligan and Celestine La Tortue Roads. Motion carried.
PUBLIC SAFETY
ORDINANCE #952
AN ORDINANCE AMENDING ORDINANCE NO. 923.
ORDINANCE NO. 923 IS HEREBY AMENDED TO ADD REQUIREMENTS OF THE LOUISIANA NEW HOME
WARRANTY ACT.ORDINANCE NO. 923 is hereby amended to read as follows: (To facilitate the interpretation of changes made to Ordinance 923 the following indicates words
deleted by dashes through such wordsand indicates words added by underlining such words.)WHEREAS, the Legislature by Act 12 of the First Extraordinary Session of 2005 enacted Part IV-B of Chapter 8 of Title 40 of the Louisiana Revised Statutes providing for the mandatory adoption by parishes and municipalities of certain building codes;
NOW, THEREFORE, BE IT ORDAINED by the Police Jury of the Parish of Acadia, Louisiana, in regular legal session convened on this the 20th day of November, 2007, the following:
Chapter 5 of the Acadia Parish Code of Ordinances is hereby enacted to read as follows:
Chapter 5
Article IV. Building Codes and PermitsSection 5-101. Definitions.
Acadia Parish Building Official shall mean that employee or individual appointed by the Acadia Parish Police Jury to serve as the building official for Acadia Parish and to serve as building codes enforcement officer for Acadia Parish outside of any incorporated area of the Parish.
Section 5-102. Adoption of State Uniform Construction Code.
Pursuant to La. R.S. 40:1730.21 et seq., the following codes are hereby adopted as the regulations governing the construction of buildings and other structures in Acadia Parish. Unless specified, all standards contained in a referenced code are adopted and included for purposes of this article. Unless referenced by name or letter designation, no appendix or appendices to a code if adopted.
(1) The International Building Code, 2006 Edition, as published by
the International Code Council, not including Chapter 1—
Administration, Chapter 11—Accessibility, Chapter 27—
Electrical and Chapter 29—Plumbing Systems including any
standards referenced therein, but not including any
appendices thereto; and(2) The International Existing Building Code, 2006 Edition, as
published by the International Code Council, including any
standards referenced therein, but not including any
appendices thereto and not including Chapter 1—
Administration;(3) International Residential Code, 2006 Edition, as published by
the International Code Council, including Appendix J, Existing
Buildings and Structures, but not including Parts I—
Administrative, V—Mechanical, VII—Plumbing, and VIII—
Electrical. IRC R301.2.1.1 (Design Criteria) therein shall be
amended as follows and shall only apply to the International
Residential Code, 2006 Edition:a. Item 6 of Guide to Concrete Masonry Residential
Construction in High Winds Areas, as published by the
American Concrete Institute, shall be added;b. Item 7, Optional Code-plus Fortified for Safer Living, as
published by Institute for Business and Home Safety, shall
be added; andc. Item 8, Optional Code-plus Blueprint for Safety, as
published by Federal Alliance for Safe Homes, shall be
added.(4) International Mechanical Code, 2006 Edition, as published by
the International Code Council;(5) Louisiana State Plumbing Code (Part XIV (Plumbing) of the
State Sanitary Code);(6) International Fuel Gas Code, 2006 Edition, as published by the
International Code Council; and(7) National Electrical Code, 2005 Edition, as published by the
National Fire Protection Association.Section 5-103. Permits.
It shall be unlawful to construct, enlarge, alter, repair, move, demolish, or change the occupancy of any building of structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes adopted in Section 5-102, or to cause any such work to be done, without obtaining a properly issued permit from the Acadia Parish Building Official for said work.
Section 5-104. Applications for permit.
A. The permit mandated under Section 5-104 shall only be issued
after the owner or his designee has submitted an application for a
construction permit to the Acadia Parish Building Official and that
official has approved the application for permit. The application
shall, at a minimum, include the following information:(1) Name, address, and daytime telephone number of owner;
(2) Name, address, and daytime telephone number of any and all
contractors;(3) Location of the construction.
(4) Description of the construction, including but not limited to
square footage, type of construction, intended occupancy,
and whether any work will involve following types;a. Electrical,
b. Concrete or masonry,
c. Plumbing,
d. Structural, and
e. Natural gas, liquefied gas, or other gas fuel.
(5) Anticipated completion of construction; and
(6) Certification, under penalty of perjury, that the construction
will be done in compliance with the applicable codes and
standards.B.1. In addition to the requirements listed in Subsection A above, a
homeowner acting as his own contractor, applying for a permit
shall be required to sign a hold harmless and indemnity
agreement, stating that the homeowner will be responsible for all
code violations and will follow the requirements of the Louisiana
New Home Warranty Act.2. A homeowner acting as his own contractor is defined as an
individual performing construction, rebuilding, remodeling or
repairing of their personal residence, provided that they do not
apply for more than one building permit, per project during a
twelve (12) month period and provided they sign a statement
upon application for a building permit, relieving Acadia Parish from
any liability in connection therewith and further asserting that
they have received and read the Louisiana New Home Warranty
Act and are aware of all attendant liabilities and responsibilities
set forth by the Act.Section 5-105. Certification of compliance.
It shall be unlawful for any structure or other construction which is required to be permitted under Section 5-104 to be occupied, used, or otherwise put in service before the owner or his designee has filed a certificate of completion and compliance on the form provided by the Acadia Parish Building Official. The certificate of completion and compliance shall include the following information:
(1) Name, address, and daytime telephone number of owner;
(2) Name, address, and daytime telephone number of any and all
contractors;(3) Location of the construction;
(4) Description of the construction, including but not limited to
square footage, type of construction, and intended
occupancy;(5) Date of construction; and
(6) Certification, under penalty of perjury, that the construction
was done in compliance with the applicable codes and
standards.Section 5-106. Enforcement of construction code.
The Building Official of Acadia Parish may, through the parish attorney, seek to enjoin further construction or work which is required to be permitted under this chapter and which construction or work does not have a validly issued permit. Further, the building official may seek to enjoin the occupancy or use of any building or structure which has, without compliance with this chapter, been, in whole or in part, constructed, enlarged, altered, repaired, moved, demolished, or the occupancy changed or for which the electrical, gas, mechanical or plumbing system has been erected, installed, enlarged, altered, repaired, removed, converted or replaced in any fashion.
Section 5-107. Building officials.
There shall be an Acadia Parish Building Official who shall be the parish building code enforcement officer responsible for the administration and enforcement of the Louisiana State Uniform Construction Code in the unincorporated areas of Acadia Parish.
Section 5-108. Penalties.
Any person, partnership, or corporation who violates any of the provisions of this chapter or aids or abets in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of not exceeding five hundred dollars ($500.00), nor less than one hundred dollars ($100.00) for each offense.
Section 5-109. Building official.
Pursuant to La. R.S. 40:1730.25, LAC 55:VI, and Acadia Parish Code of Ordinances section 5-107, a building official is hereby appointed and confirmed for Acadia Parish.
Section 5-110. Severability.
Chapter 5, Sections 5-101 through 5-108 and each section, subsection and provision of said chapter there under, are hereby declared to be independent divisions and subdivisions and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this chapter, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions are severable and would have been passed independently of such section or provision so known to be invalid.
Any Parish Ordinance containing provisions in conflict with this Ordinance is hereby repealed.
This Ordinance was offered by Mrs. Cecelia Chambers, 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 Chambers, Jimmie
Pellerin, A. J. Credeur, Cade Benoit and Felton Moreau.NAYS: None.
ABSENT: Alton Stevenson.
ADOPTED: NOVEMBER 20, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTSOLID WASTE/ENVIRONMENTAL
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., to authorize the Solid Waste Engineer to prepare specifications and received bids for the purchase of five grappler trucks as follows: 1) two single axle trucks, nominal hp 225, automatic transmission, nominally 20 - 24 cu. yd. capacity, and 2) three tandem axle trucks, nominal hp 260, automatic transmission, nominally 30 - 34 cu. yd. capacity, twin screw axle and all trucks to have grappler equipment similar to the Parish’s existing truck. Motion carried.
The President stated that a Special Meeting will be called for December 12, 2007, at 6:25 P.M., to consider awarding the contract for five grappler trucks.
Mr. Jason Werth, Contractor, suggested that permits be issued to remove waste.
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., to authorize the Parish Attorney to prepare a unified Parish wide ordinance regarding the regulation of collection of construction/demolition and tree removal debris. Motion carried.
The Jury suggested that the Parish Attorney check with other parishes regarding the debris removal issue.
The Sales Tax Report was presented for the month of October, 2007. The report indicated a gross receipt of $612,888.23 a decrease of $68,329.84 from October, 2006.
Mrs. Cecelia Chambers wished a Happy Thanksgiving to everyone.
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 DECEMBER 4, 2007, AT THE HOUR OF 6:30 P.M.
INTERIM SECRETARY PRESIDENT
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