Ferriday agrees to settle in water case

Published 12:00 am Wednesday, April 12, 2006

FERRIDAY &8212; After nearly seven years of litigation, the Ferriday water saga is just about over.

In their meeting Tuesday night, the Ferriday Board of Aldermen agreed to accept the terms of settlement in the multi-party, class-action lawsuit stemming from the 1999 water plant shutdown that left the town dry for 124 days.

In the agreement, the town will receive $137,500 from U.S. Filter, the company that manufactured the materials used when the town built the plant in 1982.

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It will also receive a chunk of the $800,000 the engineering firm of Owen and White, which designed the plant, agreed to pay the class &8212; an amount not to exceed $467,000 &8212; with which to retire the debt it owes on the plant.

As part of the agreement, the board voted to dismiss any and all present and future claims against the two groups.

Still to be released are the sums U.S. Filter and the town&8217;s indemnity company, Risk Management Inc., agreed to pay the class.

The local representative for the class, attorney Chuck Norris, could not be reached Tuesday night.

While all sides have agreed to terms of settlement, there are still steps to be taken before checks go into the hands of the estimated 4,000 members of the class, not to mention the town.

On May 19, the sides will present their settlement to ad hoc Judge Charles Ray Brackin, at which time he will hold a fairness hearing.

As part of the hearing, members of the class will have an opportunity to voice their opinion of the terms of the settlement.

If he determines the deal fair, the plaintiffs&8217; attorneys &8212; Linda Harange of New Orleans is working with Norris &8212; will be responsible for getting all members of the class and those who have opted out of the class, to agree to accept the terms.

In other business:

4A public hearing to discuss a zoning variance for a planned residential and commercial development by the Macon Ridge Community Development Corporation was not held due to a misunderstanding, Mayor Gene Allen said.

&8220;My understanding was we were going to let the zoning and planning board look at it and then have a public hearing,&8221; he said.

The minutes from the March meeting, however, stated that a public hearing was to be advertised for the April meeting.

&8220;That&8217;s just a plum error on my part, and I&8217;ll accept responsibility,&8221; he said. &8220;Let me

apologize to the people here for the public hearing.&8221;

Two of those present for the hearing, Windell Millicks and Margie Walker of Macon Ridge CDC, were disappointed and asked for a special meeting to hold the hearing.

&8220;We&8217;ve been waiting two months for this public hearing,&8221; Millicks said.

Allen said the hearing would be advertised next week, whether it would be for a special meeting or not was unclear.

Rosie Elaine, a member of the planning and zoning board, told the aldermen they would meet this week, but she&8217;d need some more members first.

Board member Maxine Duncans is sick and there are two vacancies, she said, so it was she and Joe Santoni, which would not constitute a quoruom.

In other business:

4Mayor Gene Allen informed the board Anton Duncan is no longer the town&8217;s street supervisor. He appointed Shannon Morales to the post for a 90-day probationary period.

4Sewer department supervisor William McKeel will retire at the end of the month. The board voted to send Justin Conner to sewer treatment school but did not name him, or anyone else, to be the plant&8217;s contractor come May 1.

The board voted to authorize Allen to fill the position with a certified person, provided he or she met a list of qualifications specified in the town&8217;s contractor&8217;s contract.