Discuss the issues of Robert and Bedico

Litter Court held

The Tangipahoa Parish 8th Justice Court held court on Saturday August 12, 2017 for litter violations issued over the past few months.   The litter enforcement program of the 8th Justice Court is having a visible impact on litter in the 8th Ward of Tangipahoa Parish. 

Litter is not just an eyesore on the community, it has an impact on the drainage during heavy rains, fires during times of drought, and litter eventually ends up in our waterways, our lakes, and our forest areas.  These are the reasons I enforce the litter laws of Louisiana and Tangipahoa Parish as your Constable in the 8th Ward.

 As your Constable, I will continue to enforce the litter laws of the State of Louisiana and Tangipahoa Parish in a fair and equitable manner that reinforces the need to #KeepTangiClean. 

For more information about Litter laws, the effects of litter, and how you can help #KeepTangiClean and #KeepLABeautiful go to https://keeplouisianabeautiful.org/

 Best Regards,

Don Marshall

Constable

8th Justice Court

Tangipahoa Parish

(985) 467-9125

dmarshall@tangiconstable.com

www.tangiconstable.com

Litter Enforcement Campaign

The Tangipahoa Parish 8th Justice Court Constable's Office began targeted litter enforcement campaign on June 20, 2017.  

As the residents of Bedico and Robert are aware, Tangipahoa Parish has experienced two 100 year floods in the past 18 months. There are many contributing factors to flooding, litter being one the contributors we can prevent.  Litter finds its’ way into our drainage system and eventually the waterways of Tangipahoa Parish and Louisiana.  Advertising signs, commonly referred to as “Snipe Signs” are a significant part of the litter problem that reduces the drainage flow. These snipe signs break loose from the telephone poles, ground stands, etc. and obstruct the water flow in the drainage ditches which contributes to flooding.

To beautify the roadways of Tangipahoa’s 8th Ward and help clear the drainage of litter obstructions, Constable Don Marshall will target litter near and in our drainage system.  "Snipe signs" and dump sites will be the focus as they create the largest obstructions. Litter violations will be issued for violations of the state or parish litter laws. There will be a ZERO TOLERANCE for litter in or near the drainage system.  Constable Don Marshall will issue litter citations for all violations, including ALL snipe signs. 

Please help keep Tangipahoa Parish Clean.  

 

Best Regards, 

Don Marshall

Constable

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Adams-Obama and Jefferson-Trump

I have been studying the writings of our Founding Fathers. Throughout the readings I have been reminded of what I learned many years ago, when I first read their writings rather than to accept what others, including the media and professors, have interpreted them to mean.   

I have often debated that Article III of our Constitution does not give sole authority to determine constitutionality of a law to the U.S. Supreme Court.   I am frequently told that I am incorrect; my faith in my beliefs continue to be strengthened in the writings of our Founding Fathers.  Our Founding Fathers wrote a Constitution that provides protections to prevent any one branch of government from being the final arbiter of what is or is not constitutional.  One of my favorite presidents, Andrew Jackson, understood this when he responded to Chief Justice John Marshall’s order to force the State of Georgia to release Samuel Worcester for crimes he was convicted of in state court.  President Jackson’s response was simple; “John Marshall has made his decision, now let him enforce it.”  

There are a few things that we must remind ourselves of when we struggle with decisions that are made by the federal courts and executed by federal law enforcement through the use of funding established by the legislative branch.  First, we must remember what Thomas Jefferson wrote in a letter in his 1815 letter to W.H. Torrance, “The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches.”. Thomas Jefferson’s writings demonstrate his fear that the judicial branch would become more powerful than the founders intended and would eventually become a ruling elite. An inequality unchecked by the other two equal branches of government and as a result, a tyrannical branch of government in some instances.  This fear can be seen in Jefferson’s 1820 letter to William Jarvis, “To consider the judges as the ultimate arbiters of all constitutional questions a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”    

President Jefferson’s fears of a tyrannical judiciary were not unfounded fears in his day, nor are they unfounded fears today.  There is a significant difference between then and now. In the early years of our nation the Founding Fathers were able to write significantly about what the intentions of the phrasing our constitution was intended to mean. Their writings countered interpretations that twisted the true meaning of the document.  Yet, even during a time when the Founding Fathers wrote to counter misinterpretations of our Constitution; it did not stop attempts by the Judicial branch to encroach on the authority of the executive and legislative branches.  This is ever apparent in the 1803 case of Marbury v Madison, in which Chief Justice John Marshall’s opinion creates the judicial review doctrine.  What is often not taught in history about the Marbury v Madison case is it was John Marshall’s duty as Secretary of State for President John Adams to deliver Marbury his commission prior to the expiration of President Adams term.  Secretary Marshall failed to deliver several commissions created by the Federalist legislature in the “Midnight Session”, to be appointed by President Adams, including Marbury’s. 

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Washington D.C. Trip

First, I would like to take this opportunity to say thank you to all for  praying for my recovery.  As many of you know I had to have a couple of surgeries over the last few months.   My doctors have assured me of a full recovery.  I have no doubt it is because of all of your prayers, God has blessed me with  great doctors and a great surgeon.  Thank you.

 

As many of you know, I spent a week in Washington, D.C. recently. I spent several days in leadership training courses with leaders of the conservative movement from across the United States. I found the training to be informative and educational.  This new knowledge further prepared me to better represent the 8th Ward of Tangipahoa Parish while also maintaining the fundamental fairness and balance that every individual should demand of the Constable’s Office in carrying out its’ duties.  The training reaffirmed my belief and confidence in the balance of powers between the legislative branch, the executive branch, and the courts that must be present in order to preserve our nation, our state, and our local governments.

 

While much of the days were filled with training seminars there was time for me to have a few meetings with members of congress and their staffs.  I took full advantage of that time on behalf of the 8th Ward.  I had the opportunity to meet with Congressmen Tom Emmer, Alex Mooney and others. While meeting with them to discuss the need for continued assistance after the two major floods the 8th Ward suffered, we discussed the need to mitigate to prevent future flooding in the 8th Ward.  One of the solutions we discussed was reducing the amount of regulation by federal agencies that prevent our local government from taking steps to mitigate future flooding.

 

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The railroad bridge on the Tangipahoa River at U.S. hwy 190

On this past Monday the Tangipahoa Parish Council unanimously approved an ordinance authorizing Parish President Robby Miller to enter into an agreement with the LA DOT to remove the bridge from the river.   As many of the residents of Robert are aware the old railroad bridge collapsed into the Tangipahoa river some time ago.  

The removal of this bridge from the river is an important issue for the Robert area.  The bridge is collecting debris and restricting water flow on the river with Hurricane season here  it is essential to have the obstruction removed for the safety of the public and prevent flooding in the area.   

Thank you to the council for approving this measure in an expeditious manner and to Parish President Robby Miller and his staff for their great work.  

 

Best regards,

Don Marshall

Constable

LA 22 & CC Traffic Light

As many of you are aware there was a serious crash this morning on LA Hwy 22 and CC Road. A local resident contacted me immediately after it occurred. I contacted 911 and  proceeded to the scene to assist first responders in any way they needed.   Unfortunately, vehicle crashes are incidents that occur dozens of times every day across our state and in our parish.  However, there seems to be an increase in the frequency of crashes at these two locations and while the goal is to be crash free the reality is that crashes will occur; with that said I have begun the process to acquire the data and compile it in a manner that will hopefully support all of opinions that a traffic light or other traffic control measure is needed at least at one of these intersections for the safety of all of the motorist who travel the area.  
 
Simply asking the state for a traffic light unfortunately is not enough to justify one.  While I agree a traffic light is needed, we must be able to demonstrate with data  there is a need.   I have begun to contact the local and state agencies that maintain data.  After collecting the data and eliminating duplicate data we will be in a better position to request LA DOT make some safety changes to the area in order to reduce the number of crashes at these two intersections.    As it stands one of those sources, the LA DOT, records indicate there have been a total of two crashes since January 1, 2015 and June 27, 2016.   Naturally, I question the accuracy of this data; however, the LA DOT only has data that is reported to them. Unfortunately, if the data is accurate it will be nearly impossible to justify the installation of a traffic light at the location.  With that said,  I am continuing to contact other agencies that keep crash data for those intersections in hopes of strengthening our position that  a traffic light is needed in the area to significantly improve highway safety in Bedico. 

I would like to take a moment to extend my prayers to the individuals involved in the crash today.   In addition,  I would like to remind everyone that it up to each and everyone us on the roadways to drive with caution and patience; where ever we are going and no matter how important the destination; the most important part of every trip is arriving safe!   

Warm regards,
Don Marshall
Constable
8th Justice Court
Tangipahoa Parish 

Bedico Supermarket

Mr. John Bohning is in the process of developing land on the corner of LA Hwy 22 and Masion Lafitte at the entrance to the Villages of Bocage subdivision to open a new supermarket.  

 

Here are some things to consider in determining if the Bedico Supermarket will be a good addition to our community.   

 

Bedico is growing at an astronomical rate.  When the subdivisions that many of us live in were under development there were many voices who spoke out in opposition to the development.   Development came and as a result we live in a wonderful parish with low property taxes and nearly nonexistent crime.  Bedico will continue to grow and that is a good thing for all of us.  But we must be able to control that growth to protect our community.  

Tangipahoa Parish currently does not have any zoning in unincorporated areas of the parish.  Several years ago the idea of zoning was brought up by the Parish Council.   The citizens of Tangipahoa Parish, at that time, were overwhelmingly against zoning.  Because the parish does not currently have any zoning it is very difficult, nearly impossible, to deny a property owner the right to develop and build on his/her property as they see fit.  I was informed that any denial based on anything other than a violation of current laws could be challenged in court and the court would likely side with the property owner.

 

With the fact that Tangipahoa Parish does not currently have zoning laws, if Mr. Bohning were not build a local neighborhood supermarket at that location, what would be built there?   Here are some possibilities; a bar room, a strip mall where the property owner decides who to rent to, a Walmart neighborhood supermarket with a gas station, a rouses, a Winn Dixie, a gas station such as Racetrac.   As you can see the possibilities are endless.  And if the parish were to deny any of these major corporation’s access to our community without a legal reason they would file a court action, and likely win.  

 

Mr. Bohning has opened supermarkets in Robert and Loranger.  I have spoken to residents of both about their thoughts on the supermarkets.  The responses were all positive and many emphasized that the supermarket has been a great addition to their community. 

 

I realize that there are some concerns about the fuel tanks being located so close to the water well head.   The federal regulatory agencies have no prohibitions regarding how close an underground fuel tank can be located to a public water well head.   The state of Louisiana regulatory agencies requires such tanks to be at least one hundred fifty feet from a public water well head.  The proposed tanks will be placed well beyond the state requirement.    The tanks that will be used have an early detection system for leaks.  If a leak were to occur the tanks have additional walls that would contain any leaks and prevent the fuel from entering the environment.   In addition, Mr. Bohning has agreed to post a million dollar plus bond to be used in case of the unlikely event of leak into the soil. 

 

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Parish Litter Survey

Tony Licciardi, a local Ph.D. student at UNO, recently conducted a survey of Tangipahoa Parish voters concerning litter in the parish. The survey was conducted on May 16th & 17th.  The results of the poll indicate that 26% of the voters parish wide believe there is a litter problem in Tangipahoa. However, in the 8th Ward the percentage was 18, 8 points below the parish as a whole.   Voters parish wide overwhelmingly believe that there needs to be strict enforcement of our litter laws. 

I am proud that these results indicate the 8th ward of Tangipahoa Parish is one of the cleanest wards in the parish. As your Constable I will continue to work hard to keep the 8th Ward of Tangipahoa Parish the cleanest part of Tangipahoa Parish. 

The parish council is currently working very hard to update our litter ordinances in order to further improve litter enforcement, litter abatement, and litter education programs. 

 

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Litter Court update

On Saturday May 14, 2016 the 8th Justice of the Peace Court for Tangipahoa Parish held proceedings for more than thirty litter violations occurring in the 8th Ward of Tangipahoa Parish.   I am happy to report that all violators took responsibility for their actions.   

 

Litter is more than just an eyesore in our community; litter has consequences for our community.   Litter cost parishes and counties across the United States 185 million a year to clean up. That is YOUR tax dollars.  Businesses across the United States pay $9.1 Billion annually of cleanup cost.  That is a savings they could pass on to YOU.  Litter in Tangipahoa ends up in our estuaries and woodlands.   Litter clogs our drainage ditches, which can cause flooding.  Litter effects a business’s decisions to locate to an area.

 

As you can see litter has many negative effects on each of us and our everyday lives.   Effects that very few of us consider on a daily basis. Litter has NO benefit to our community or any community; that is why as your Constable I have taken the initiative to enforce the litter laws in the 8th Ward of Tangipahoa Parish.  Please help me Keep Tangi Clean.  

 

Warm regards,

Don Marshall

Constable

THE BEDICO WATER WELL

Residents of Bedico,

 

In the coming days the Bedico water well will be put back on line.  The well has been rehabbed by a contractor. 

The contractor discovered numerous problems, which were corrected. The Tangipahoa Water District believes the water is treatable with phosphates now.

 The mg levels are now down and this should correct the problems. However, if this does not correct the problem, filtration is their last resort.

 The cost thus far for the well rehab, new water lines and investigations is approaching $500,000. The filter cost is approximately $400,000.  The Tangipahoa Water District has assured me they will do what is necessary to reach and maintain good quality water for the residents of Bedico.

 The Tangipahoa Water District has requested that we please promptly report any unsatisfactory conditions to them.   There may be some discoloration but not as it was before according to the Tangipahoa water district.

 I would like to thank Mr. Gary Clark, the Tangipahoa Parish Water district board members, the contractors who worked to correct the issues, and the men and women of the Tangipahoa Water District that have worked so hard to provide us with good quality water.

 

 Warm Regards,

 

Don Marshall

Constable

8th Justice Court

Tangipahoa Parish