Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
May 8, 2017 other
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Posted May 4, 2017
REGULAR SESSION
MAY 8, 2017 3:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ANY AGENDA ITEM
JUROR COMMENTS
- Motion to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on April 10, 2017 as published in the Official Journal.
- Motion that approved bills be paid.
- Motion to accept the Treasurer’s Report. (Finance 5/1)
- Motion to adopt an “In Memoriam” at the Jury Meeting May 8, 2017, for the late Mr. A. Edmond Hays, former board member of the Rapides Parish Coliseum Authority. (Personnel 5/1)
- Recognize Plainview Hornets, 2016-2017 Class C District Championship Softball Team.
- Recognize Alexandria Senior High School 2017 Championship Powerlifting Team.
- Recognize Hayden R. Lawrence Upper Elementary 2017 Championship Fitness Team. REGULAR MEETING MAY 8, 2017
pg. 2
- Recognize Colby Miller from Oak Hill B.A.S.S. 2017 All State Team.
- Recognize the 2017 Louisiana State Championship Fitness Team.
- Recognize Ms. Diane Tracey pertaining to Healthy Louisiana. (Personnel 5/1)
- Recognize Mr. Lee Weeks pertaining to Inglewood Farms.
APPOINTMENTS TO BE ANNOUNCED AT NEXT MEETING
***Appointment to the Lecompte Area Recreation District for the expiring term of Ms. Virginia Bailey. Term will expire June 11, 2017. ***Appointment to the Waterworks District No. 3 Board to fill the expiring term of Mr. Oscar Coody. Term will expire June 10, 2017.
- Motion to delete from the Rapides Parish Fire District #2 Asset/Inventory Program the equipment below: Asset Description Disposal 10883 Sofa – Station #3 Scrap/Broken (Finance 5/1)
- Motion to delete from the Rapides Parish Finance Department Asset/Inventory Program the equipment below: Asset Description Disposal 10934 Scanner Scrap/Broken (Finance 5/1)
- Motion to reject all bids received for Bid # 2541 (Fire Training Facility with Tower), due to all bids received being much more costly than anticipated and not within the budget of Rapides Parish Fire District No. 7, as recommended by the Fire Chief and the Purchasing Agent. (Finance 5/1)
- Motion to delete from the Rapides Parish Highway Department Asset/Inventory Program the following vehicle. This vehicle was submerged in flood waters and Insurance declared a total loss. REGULAR MEETING MAY 8, 2017
pg. 3
Asset Number Description Disposal 10436 2001 – Ford Truck Scrap – Insurance to pick up (Finance 5/1)
- Motion to enter into a contract with CapRisk Consulting Group to provide actuarial valuations for GASB Statement No. 45 – OPEB Reporting and authorize President to sign. (Finance 5/1)
- Motion to accept the Public Works Director's Report. (Public Works 5/1)
- Motion to amend and reenact Section 19 ½ - 1 (B)(4)(h) Parks and Recreations, so as to add Section (h) to read: No motorboat, vessel or watercraft can be operated on Kincaid Lake, Cotile Lake or Indian Creek when the waters are closed by declaration of the Rapides Parish Police Jury unless the operation of such motorboat, vessel or watercraft is necessary to protect life or property. (Public Works 5/1)
- Motion to approve Rapides Parish Roadway Capital Improvement Program 2017-2019, as recommended by the Public Works Director. (Public Works 5/1)
- Motion to grant approval to Village View Estates, located on Nardrchal Road, Deville, as recommended by Rapides Area Planning Commission and approved by the Public Works Director, subject to the review of Legal Counsel and authorize signing of the plat. (Public Works 5/1)
- Motion to award Bid #2547 – Various Road Materials (Gravel, Case Course Aggregates and Pit Run) to Various Bidders based of availability of material, bid price and haul distance: Products Description Pine Bluff Sand & Gravel Luhr Brothers E & E Constr uction FMT Aggts. Larry Grayson Item 1A Uncrushed Gravel Size 1
REGULAR MEETING
MAY 8, 2017
pg. 4
Item 1B Uncrushed Gravel Size 2
Item 1C Uncrushed Gravel Size 3
Item 2A Crushed Gravel Size 1 25.00 Item 2B Crushed Gravel Size 2 25.00 Item 2C Crushed Gravel Size 3 22.00 Item 3 Road Gravel 22.00 Items 4 Oversize Rock 25.00 Item 5 Sandy C-3 Gravel 6.00 Item 6 Base Course #610 26.00 24.75 22.10 Item 7A Crushed Stone #4 26.50 26.50 24.10 Item 7B Crushed Stone #67 27.50 26.50 24.10 Item 7C Crushed Stone #8 29.00 28.00 25.45 Item 7D Crushed Stone #57 27.50 26.50 24.10 Item 8A Bed & Filter 4 x 26.50 Item 8B Bed & Filter 3 x 27.50 Item 8C Bed & Filters 6 x
Item 8D Bed & Filter 4 x 27.50 29.00 27.00 Item 9A Rip/Rap Class 30 30.00 29.00 33.00 Item 9B Rip/Rap Class 55 30.00 29.00 33.00 Item 10 – Pit Run 4.95 Contract from May 18, 2017 thru March 31, 2018 with the option to renew as recommended by the Public Works Director and the Purchasing Agent. (Public Works 5/1)
- Motion to request RAPC issue a building permit to Timothy Joseph Guillory and Tara Carlene Coker Guillory, if Tract 4 and 5 on Derwood Johnson Road meets all requirements of the Code of Ordinances for the Parish of Rapides and to waive the requirement that the lots be in an approved subdivision. (Public Works 5/1)
- Motion to authorize the Rapides Parish Highway Department to purchase a 2011 F-250 Crew cab 4x4 Pick-up Truck from Hixson Automotive to replace vehicle #10436 that was damaged in the recent flooding in an amount not to exceed $12,500, as recommended by the Public Works Director, to be paid from Road and Bridge Funds. (Public Works 5/1)
REGULAR MEETING
MAY 8, 2017
pg. 5
- Motion to authorize MML&H to advertise the Tangent Rail Drainage Improvements Project for bids contingent upon approval by the funding agency. (Grants 5/1)
- Motion to authorize a Public Hearing on June 5, 2017, for the FY 2013 LCDBG New Sewer project (Contract #724753) at Airbase Road (Phase II) to initiate the grant close-out process. (Grants 5/1)
- Motion to authorize a Public Hearing on June 5, 2017, for the FY 2014 LCDBG New Sewer project (Contract #733577) at Airbase Road (Phase
- I) to initiate the grant close-out process. (Grants 5/1)
- Motion to authorize the procurement of appraisal, review appraisal, and/or legal services for the Levee-North Bank-Grant project funded by the Gustav/Ike LCDBG Disaster Recovery Program. (Grants 5/1)
- Motion to grant occupancy of the unused space in the Lawyers Building, from May 8, 2017 until the District Attorney’s Office can re-occupy 1921 9th Street. (Courthouse 5/1)
AMEND TO ADD: also to provide six (6) temporary parking spaces in the Lawyers Building Parking lot, during the construction of the District
- Motion to adopt a resolution making application to the State Bond Commission for consent and authority to issue, sell and deliver a not exceeding One Hundred Twenty Thousand Dollar ($120,000) Limited Tax Bond (the "Bond"), of Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, all in the manner provided for by Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, providing for the employment of bond counsel; and providing for other matters in connection therewith. (Personnel 5/1) REGULAR MEETING MAY 8, 2017
pg. 6
- Motion to waive the thirty (30) day announcement rule and appoint Mr. Jimmie Morrison to fill the unexpired term of the late Mr. A. Edmond Hays, on the Rapides Parish Coliseum Authority Board, representing District H. Term will expire December 8, 2018. (Personnel 5/1)
- Motion to rescind a certain motion of January 9, 2017, appointing Ms. Jimmie Lewis on the Tioga Heritage Museum, due to not living in District A and appoint Ms. Melanie Tole. Term will be determined when Board is formed. (Personnel 5/1)
- Motion to receive the required report from Acadian Ambulance under the Contract for March, 2017:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 539 80% 87.57% Pineville - 8 minute 153 80% 81.70% Rapides - 12 minute 242 80% 95.04% Rapides - 20 minute 228 80% 87.72% (Insurance 5/1)
- Motion to retain Matt Phillips, Smith, Fontenot & Phillips, to prepare a parish-wide digital map of all Fire Protection Districts in Rapides Parish with the cost to be borne equally by each district. (Insurance 5/1)
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE OF THE
JURY BUT WERE POSTED ON THE AGENDA AFTER THE
COMMITTEE MEETING IN COMPLIANCE WITH THE PUBLIC
MEETINGS LAW AND ARE NOW CONFIRMED AS HAVING BEEN
INCLUDED IN THE PUBLISHED AGENDA BY 2/3RD VOTE
- Motion to accept the resignation of Mr. Greg Pharis on the Gas Utility District #2 Board and appoint Mr. Chris Lacombe to fill the unexpired term. Term will expire October 11, 2019. (Resignation letter received after the Committee meeting) (Mr. Billings) REGULAR MEETING MAY 8, 2017
pg. 7
- Motion to accept the resignation of Ms. Melba Peart on the Gas Utility District #2 Board and appoint Mr. Ricky Roy to fill the unexpired term. Term will expire October 11, 2019. (Resignation letter received after the Committee agenda was posted) (Mr. Billings)
- Motion to consider and take action with respect to adopting an ordinance creating Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana; and providing for other matters in connection therewith. (Received after Committee Meeting) (Mr. Overton/Mr. Vanderlick/Mr. Billings)
- Motion to consider and take action with respect to announcing that the Police Jury of the Parish of Rapides, State of Louisiana, plans to consider adopting a resolution ordering and calling an election to authorize the levy of a sales and use tax to be held within Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana, at its meeting on Monday June 12, 2017 at 3:00 p.m. at the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana. (Received after Committee Meeting) (Mr. Overton/Mr. Vanderlick/Mr. Billings)
- Motion to consider and take action with respect to announcing that the Police Jury of the Parish of Rapides, State of Louisiana, plans to consider adopting a resolution ordering and calling an election to authorize the levy of a special tax to be held with Fire Protection District No. 19 of the Parish of Rapides, State of Louisiana, at its meeting on Monday, June 12, 2017 at 3:00 p.m. at the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana. (Received after Committee Meeting) (Mr. Overton/Mr. Vanderlick/Mr. Billings)
- Motion to announce that the Rapides Parish Police Jury Office intends to levy the 2017 millage rates at a public meeting to be held on June 12, 2017, 3:00 p.m., at the Rapides Parish Courthouse, Police Jury Meeting Room, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, 71301. (Announcement needs to be from Jury meeting to Jury meeting) (Mr. Smith)
REGULAR MEETING
MAY 8, 2017
pg. 8
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE
OF THE JURY AND WERE NOT POSTED ON THE AGENDA
BUT ARE NOW ADDED BY UNANIMOUS CONSENT
ADJOURNMENT
May 8, 2017 other
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The Police Jury of the Parish of Rapides, State of Louisiana, met in Regular Session at its regular meeting place, the Police Jury Room of Monday, May 8, 2017, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Craig Smith, President, Scott Perry, Jr., Vice President, and Police Jurors; Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Jr., Sean McGlothlin and Richard Billings.
Also present were Mr. Bruce Kelly, Treasurer; Mr. Dennis Woodward, Public Works Director; Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Donna Andries, Sales & Use Tax Administrator; Chief Randy McCain, Fire District No. 2; Ms. Sonya Wiley-Gremillion, OHSEP Director; Ms. Elaine Morace, WIA Operations Director; Ms. Linda Sanders, Civil Service Director; Mr. Thomas O. Wells, Legal Counsel; Mr. Phillip Terrell, District Attorney and Ms. Laurel Smith, Secretary.
The invocation was given by Mr. Richard Billings.
The Pledge of Allegiance was led by Mr. Bruce Kelly.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Craig Smith, President, who welcomed all present and then stated that the Police Jury was ready for the first item of business.
The President asked if there was any public comment on any agenda item, to which there was no response.
The President asked if there were any Juror comments, to which there was no response.
On motion by Mr. Richard Vanderlick, seconded by Mr. Scott Perry, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on April 10, 2017 as published in the Official Journal. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Richard Vanderlick, that approved bills be paid. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Scott Perry, to accept the Treasurer’s Report. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Sean McGlothlin, the following Memoriam, for the late Mr. A. Edmond Hays, was read in its entirety:
IN MEMORIAM
REGULAR MEETING
MAY 8, 2017
WHEREAS, Mr. Alva Edmond Hays, Jr. was called by his Creator on Friday, April 21, 2017; and
WHEREAS, Mr. Hays is survived by his loving wife, Velma Deville Hays; sons, Mason Hays, Tyler Hays, and Kile Hays; and
WHEREAS, Mr. Hays was a member of Calvary Baptist Church; and
WHEREAS, Mr. Hays was a member of the Masonic Lodge No. 356 and numerous other Masonic bodies; and
WHEREAS, Mr. Hays was a Sr. Member of the Rapides Parish Coliseum Authority for several years; and
WHEREAS, Mr. Hays was an Assistant Principal at Aiken Elementary School and from 1957-1996 he owned Hays Agency until he retired; and
WHEREAS, the Rapides Parish Police Jury does hereby recognize Mr. Alva Edmond Hays, Jr. for his dedication and hard work in serving the citizens of Rapides Parish; and
NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury does hereby order that this formal expression of honor for the late Mr. Alva Edmond Hays, Jr., and sympathy for his family be spread upon the minutes of this meeting
PRESENTED to the family of Mr. Alva Edmond Hays, Jr. on this 8th day of May, 2017.
The Rapides Parish Coliseum Board of Authority, represented by Mr. Randy Patterson, Vice Chairman, also presented a plaque and a potted plant for the Family.
The next item on the agenda was to recognize Plainview Hornets, 2016-2017 Class C District Championship Softball Team.
Mr. Richard Billings presented plaques to the Plainview Hornets, 2016-2017 Class C District Championship Softball Team.
The next item on the agenda was to recognize Alexandria Senior High School 2017 Championship Powerlifting Team.
Mr. Sean McGlothlin and Mr. Ollie Overton presented plaques to the Alexandria Senior High School 2017 Championship Powerlifting Team.
The next item on the agenda was to recognize Hayden R. Lawrence Upper Elementary 2017 Championship Fitness Team.
Mr. Craig Smith presented plaques to the Hayden R. Lawrence Upper Elementary 2017 Championship Fitness Team.
REGULAR MEETING
MAY 8, 2017
The next item on the agenda was to recognize Colby Miller from Oak Hill B.A.S.S. 2017, All State Team.
Mr. Richard Billings recognized Colby Miller from Oak Hill B.A.S.S. 2017, All State Team and presented him a plaque.
The next item on the agenda was to recognize the 2017 Louisiana State Championship Fitness Team.
Mr. Craig Smith presented plaques to the 2017 Louisiana State Championship Fitness Team.
The next item on the agenda was to recognize Ms. Diane Tracey pertaining to Healthy Louisiana.
Ms. Diane Tracey was not present.
The next item on the agenda was to recognize Mr. Lee Weeks pertaining to Inglewood Farms.
Mr. Lee Weeks, representing Inglewood Farms, stated he was here to request the Jury declare the Harvest Farm Market, which is the Farmer’s Market at Inglewood Farm every Saturday of the year, a permanent Festival. He explained getting them declared as a Festival would allow vendors who sell ready to eat foods to participate without having to go through the Health Department, which requires things like three compartment sinks, bathroom stations, etc. The Market does require the vendors to go through safe serve programs, wear gloves and follow the Market’s guidelines.
Discussion ensued.
Mr. Ollie Overton also stated that one of the other problems was the parking situation, vehicles parking on both sides of the road and no Sheriff’s Deputy directing traffic, to which Mr. Weeks stated there is parking available, on a four acre lot across from the farm and that issue would be resolved.
Mr. Randy Ducote, Region 6, Sanitarian Regional Director, DHH, stated in 1984 the State Legislator passed a statute that exempted certain fairs and festivals from regulations by the State Health Department. They are working with Mr. Weeks on this situation. These vendors need to be permitted and inspected by the Health Department. Mr. Ducote further stated the definition of Fairs and Festivals of the State Health Departments regulations is the gathering of persons for an event such as a bazaar, carnivals, circus, public exhibitions or other similar gatherings for the purpose of celebration, competition, entertainment, distribution or sale of foods or goods, exhibitions, religious activity or other such purposes, which will operate for only a temporary period at any one location. Someone who operates on a weekly basis is considered a business. When you bring in vendors who prepare food, I think by definition you are subject to our rules. I have talked to Baton Rouge and have their support on this. These vendors are subject to our rules and regulations. This is setting a precedent. REGULAR MEETING MAY 8, 2017
Discussion ensued.
Mr. Weeks stated all the vendors do have permits and occupational licenses but they are not registered as certified kitchens.
Mr. Ollie Overton stated he would like to see Mr. Tom Wells, Legal Counsel, look into the pros and cons of declaring this a festival.
The following appointments were to be announced at the next meeting: ***Appointment to the Lecompte Area Recreation District for the expiring term of Ms. Virginia Bailey. Term will expire June 11, 2017. ***Appointment to the Waterworks District No. 3 Board to fill the expiring term of Mr. Oscar Coody. Term will expire June 10, 2017.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to delete from the Rapides Parish Fire District #2 Asset/Inventory Program the equipment below: Asset Description Disposal 10883 Sofa – Station #3 Scrap/Broken On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to delete from the Rapides Parish Finance Department Asset/Inventory Program the equipment below: Asset Description Disposal 10934 Scanner Scrap/Broken On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to reject all bids received for Bid # 2541 (Fire Training Facility with Tower), due to all bids received being much more costly than anticipated and not within the budget of Rapides Parish Fire District No. 7, as recommended by the Fire Chief and the Purchasing Agent. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to delete from the Rapides Parish Highway Department Asset/Inventory Program the following vehicle. This vehicle was submerged in flood waters and Insurance declared a total loss. Asset Number Description Disposal 10436 2001 – Ford Truck Scrap – Insurance to pick up On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Sean McGlothlin, to enter into a contract with CapRisk Consulting Group to provide actuarial valuations for GASB Statement No. 45 – OPEB Reporting and authorize President to sign. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to accept the Public Works Director's Report. On vote the motion carried. REGULAR MEETING MAY 8, 2017
On motion by Mr. Richard Vanderlick, seconded by Mr. Sean McGlothlin, the following ordinance was presented and unanimously adopted:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTION 19½ - 1 (B)(4)(h) PARKS AND RECREATION
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 8th day of May, 2017, that Section 19 ½-1 of the Rapides Parish Code of Ordinances is hereby amended and reenacted as follows:
Chapter 19 ½-1 – RULES AND REGULATIONS FOR RECREATION AREAS. ……
- (B) Rules and Regulations Regarding the Operation of Motorboats and Watercraft: ….…
- (4) The following acts are hereby declared illegal in the lake area or in recreational areas: …….
- (h) No motorboat, vessel or watercraft can be operated on Kincaid Lake, Cotile Lake or Indian Creek when the waters are closed by declaration of the Rapides Parish Police Jury unless the operation of such motorboat, vessel or watercraft is necessary to protect life or property.
BE IT FURTHER ORDAINED in all other respects, Section 19 1/2-1 of the Rapides Parish Code of Ordinances shall remain unchanged.
THUS DONE AND SIGNED on this 8th day of May, 2017.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to approve Rapides Parish Roadway Capital Improvement Program 2017-2019, as recommended by the Public Works Director.
District A
Ward 10 O'Neal Road Oaklane Road Linda Drive Crawford Road Gilly Williams Road Duncan Road Billy Evans Road
District B
Ward 9 REGULAR MEETING MAY 8, 2017
Palmer Chappel
Ward 10 Brenda Lynn Road Dovie Drive Chadwick Loop Clint Joshua Road
District E
Ward 8 Brooks Road
District F
Ward 1 Russell Court Mahlay Drive
District H
Ward 5 Nessmith Road Goodman Road Sugar Town Road Harry Ray Road
Ward 6
Sonny Huff Road Delbert Thompson Bunyon Maricle Don Mancile Herman Thompson Ward Cloud Dillard Cloud
District A
Ward 10 East Yeager Road Mitchell Drive
District B
Ward 10 Valley Drive
District C REGULAR MEETING MAY 8, 2017
Ward 9 Legacy Drive
District E
Ward 2 Charlie Wise Road Beard Road Chickamaw Road
Ward 5 Cutts Road Valentine Lake Road
Ward 8 Fredericksburg Road
District F
Ward 2 Satcher Road
District G
Ward 1 Pauline Drive Josephine Street Isabell Lane
District H
Ward 2 Town & Country Road Sandy Lane
Ward 3 Cocodrie Dam Road
Ward 4 Ahtus Melder Road Winegart Road Boy Scout Road
Ward 6 Monk Road Sonny Boy Doyle Road Jason Thomas Road
Ward 5 REGULAR MEETING MAY 8, 2017
Ed Coleman Road Walding Road Sandy Lane Bounds Road
District I
Ward 8 Henry Street Doris Street Shirley Street
District A
Ward 10 Rigolette Road Washboard Road Linda Drive
District B
Ward 9 Cutoff Road Stilley Road
District C
Ward 9 Heritage Road Estate Drive
District E
Ward 2 Chickamaw Road
Ward 3 Chickamaw Road
Ward 5 Irving Long Road Bennett Road Dewil Cemetery Road
Ward 7 Browns Creek Road
REGULAR MEETING
MAY 8, 2017
Ward 8 Hanes Road
District F
Ward 1 Donald Drive
District G
Ward 1 Isabell Street Mary Street Antoinette Street
District H
Ward 2 Echo Lane Tiger Lake Road Sam Carroll Road Dewitt Lane Dupuy Road Echo Street
Ward 3 Bayou Road Jeff Horn Road
Ward 4 Boy Scout Road
Ward 5 Dixie Church Road Grayson Marler Road Chester Merchant Road
Ward 6 Chester Mc Road Dollie Paul Road Mary Odom Road
District I
Ward 8 Old Boyce Road On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, to grant approval to Village View Estates, located on Nardrchal Road, Deville, as REGULAR MEETING MAY 8, 2017
recommended by Rapides Area Planning Commission and approved by the Public Works Director, subject to the review of Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Vanderlick, to award Bid #2547 – Various Road Materials (Gravel, Case Course Aggregates and Pit Run) to Various Bidders based of availability of material, bid price and haul distance: Products Description Pine Bluff Sand & Gravel Luhr Brothers E & E Constr uction FMT Aggts. Larry Grayson Item 1A Uncrushed Gravel Size 1
Item 1B Uncrushed Gravel Size 2
Item 1C Uncrushed Gravel Size 3
Item 2A Crushed Gravel Size 1 25.00 Item 2B Crushed Gravel Size 2 25.00 Item 2C Crushed Gravel Size 3 22.00 Item 3 Road Gravel 22.00 Items 4 Oversize Rock 25.00 Item 5 Sandy C-3 Gravel 6.00 Item 6 Base Course #610 26.00 24.75 22.10 Item 7A Crushed Stone #4 26.50 26.50 24.10 Item 7B Crushed Stone #67 27.50 26.50 24.10 Item 7C Crushed Stone #8 29.00 28.00 25.45 Item 7D Crushed Stone #57 27.50 26.50 24.10 Item 8A Bed & Filter 4 x 26.50 Item 8B Bed & Filter 3 x 27.50 Item 8C Bed & Filters 6 x
Item 8D Bed & Filter 4 x 27.50 29.00 27.00 Item 9A Rip/Rap Class 30 30.00 29.00 33.00 Item 9B Rip/Rap Class 55 30.00 29.00 33.00 Item 10 – Pit Run 4.95 Contract from May 18, 2017 thru March 31, 2018 with the option to renew as recommended by the Public Works Director and the Purchasing Agent. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to request RAPC issue a building permit to Timothy Joseph Guillory and Tara Carlene Coker Guillory, if Tract 4 and 5 on Derwood Johnson Road meets all requirements of the Code of Ordinances for the Parish of Rapides and to waive the requirement that the lots be in an approved subdivision.
Mr. Theodore Fountaine questioned Blake Steiner, Rapides Area Planning Commission, if this was a development that started through the Star Committee, the application was tabled and never brought back before the Star Committee, to which Mr. Blake Steiner stated yes, the review was over. REGULAR MEETING MAY 8, 2017
Mr. Richard Billings stated that these people bought this land in good faith to put their home on. It was not their fault that this was not completed.
Discussion ensued.
Mr. Fountaine questioned Mr. Tom Wells, Legal Counsel, if this supports the ordinance to which Mr. Tom Wells, Legal Counsel stated it is legal for this body to set rules in how the people should develop their land. Is it legal to make exceptions, but the problem is going to be, when other people come to you and request exceptions. That’s why we have a uniformity of application for all.
Discussion ensued.
Mr. Craig Smith asked for a roll call vote as follows: YEA Richard Billings NAYS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin. Roll call ended, motion failed.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to authorize the Rapides Parish Highway Department to purchase a 2011 F-250 Crew cab 4x4 Pick-up Truck from Hixson Automotive to replace vehicle #10436 that was damaged in the recent flooding in an amount not to exceed $12,500, as recommended by the Public Works Director, to be paid from Road and Bridge Funds. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to authorize MML&H to advertise the Tangent Rail Drainage Improvements Project for bids contingent upon approval by the funding agency. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to authorize a Public Hearing on June 5, 2017, for the FY 2013 LCDBG New Sewer Project (Contract #724753) at Airbase Road (Phase II) to initiate the grant closeout process. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to authorize a Public Hearing on June 5, 2017, for the FY 2014 LCDBG New Sewer Project (Contract #733577) at Airbase Road (Phase I) to initiate the grant close-out process. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to authorize the procurement of appraisal, review appraisal, and/or legal services for the LeveeNorth Bank-Grant project funded by the Gustav/Ike LCDBG Disaster Recovery Program. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to grant occupancy of the unused space in the Lawyers Building, from May 8, 2017 until
REGULAR MEETING
MAY 8, 2017
Mr. Tom Wells questioned if the motion could state the unused space on the 1st floor, there are two unused spaces, 1st and 2nd floor.
Motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to amend the motion to also provide six (6) temporary parking spaces in the Lawyers Building Parking lot, during the construction of the District Attorney’s Building at 1921 9th Street.
Mr. Theodore Fountaine questioned how the six temporary parking spaces would affect the parking spaces that are there now, to which Mr. Bruce Kelly stated the only assigned parking spaces over there are ten spaces for Juvenile Probation. There are twenty (20) available parking spaces and we would have to put something up to keep people from parking there.
Mr. Ollie Overton questioned if they were assigned now, to which Mr. Kelly stated they are unassigned spaces.
The amended was as follows: To grant occupancy of the unused space, on the 1st floor, in the Lawyers Building, from May 8, 2017 until the District Attorney’s Office can re-occupy 1921 9th Street and to also provide six (6) temporary parking spaces in the Lawyers Building Parking lot, during the construction of the District
On vote the amended motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following resolution was presented and adopted:
RESOLUTION
A resolution making application to the State Bond Commission for consent and authority to issue, sell and deliver a not exceeding One Hundred Twenty Thousand Dollar ($120,000) Limited Tax Bond (the "Bond"), of Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, all in the manner provided for by Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, providing for the employment of bond counsel; and providing for other matters in connection therewith.
WHEREAS, Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, authorizes Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana (the "Issuer") to borrow money in anticipation of revenues to be realized from a special tax of twenty and two hundredths (20.02) mills, beginning with the year 2013 and ending with the year 2022, pursuant to an election held in the Issuer on April 2, 2011 (the "Tax") to be used only for the purpose for which the Tax is authorized; and
WHEREAS, the Issuer has no outstanding certificates or other obligations of any kind or nature payable from or enjoying a lien on any portion of the net revenues of the Tax herein pledged or secured by and payable from the Tax; and REGULAR MEETING MAY 8, 2017
WHEREAS, it is anticipated that the estimated net revenues from the Tax will amount to the sum of $413,255.00 and the annual debt service on the proposed Bond at the maximum rate of 4% per annum will not exceed seventy five percent (75%) of the estimated income to be realized from the levy and collection of said special Tax during the period said Bond is outstanding;
NOW THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, that:
SECTION 1. Application be and the same is hereby formally made to the State Bond Commission for consent and authority for the Issuer, to issue, sell and deliver a amount not exceeding One Hundred Twenty Thousand Dollars ($120,000)0 Limited Tax Bond, to bear interest at a rate or rates not exceeding four percent (4%) per annum, mature over a period not exceeding 10 years, and to be sold at not less than 98% of the par value thereof, all in the manner provided for by R.S. 39:1430 et seq. and other constitutional and statutory authority supplemental thereto, and shall be used for the purpose of (i) acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are used to provide fire protection in the Issuer, and (ii) paying the costs of issuance of the Bond. Said Bond shall be secured by and payable solely from the Tax.
SECTION 2. A certified copy of this resolution shall be forwarded to said State Bond Commission by the Issuer's bond counsel, together with a letter requesting the prompt consideration and approval of this application. By virtue of applicant/issuer's application for acceptance and utilization of the benefits of the Louisiana State Bond Commission's approval resolved and set forth herein, it resolves that it understands and agrees that such approval is expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the "State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.", adopted by the Commission on July 20, 2006, as to the borrowing and other matter subject to the approval, including subsequent application and approval under said Policy of the implementation or use of any swap or other product or enhancement covered thereby.
SECTION 3. Prior to the delivery of the Bond, the Issuer anticipates that it may pay a portion of the costs of the project from the General Fund or other moneys available to the Issuer. Upon the issuance of the Bond, the Issuer reasonably expects to reimburse any such expenditures of other available funds from a portion of the proceeds of the Bond. Any such allocation of proceeds of the Bond for reimbursement will be with respect to capital expenditures (as defined in Reg. 1.150 1 [b]) and will be made upon the delivery of the Bond and not later than one year after the later of (i) the date such expenditure was paid or (ii) the date on which the Project was placed in service. This Section is intended to be a declaration of official intent within the meaning of Reg. 1.150 2.
REGULAR MEETING
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SECTION 4. This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Bond, and accordingly, Foley & Judell, L.L.P., of New Orleans, Louisiana, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Bond. Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bond, shall counsel and advise this Governing Authority as to the issuance and sale thereof and shall furnish its opinions covering the legality of the issuance of the Bond. The fee of Bond Counsel for each series of Bond shall be fixed at a sum not exceeding the fee allowed by the Attorney General's fee guidelines for such bond counsel work in connection with the issuance of such series of revenue bonds and based on the amount of said Bond actually issued, sold, delivered and paid for, plus "out of pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said Bond. The Secretary is hereby authorized and directed to execute, and this Governing Authority hereby agrees to and accepts the terms of, the engagement letter of Bond Counsel appended hereto. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Secretary is hereby empowered and directed to provide for payment of the work herein specified upon completion thereof and under the conditions herein enumerated.
This resolution having been submitted to a vote, the vote thereof was as follows:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSENT: none
And the resolution was declared adopted on this the 8th day of May, 2017.
/s/ Laurel Smith /s/ Craig Smith Secretary President
EXHIBIT A
ENGAGEMENT LETTER
May 8, 2017
Hon. Craig Smith, President Police Jury of the Parish of Rapides State of Louisiana
District No. 6 of the Parish of Rapides, State of Louisiana
Dear Craig: REGULAR MEETING MAY 8, 2017
The purpose of this engagement letter is to set forth certain matters concerning the role we will serve and the legal services we will provide as bond counsel to Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana (the "Issuer") in connection with the issuance of the captioned bond (the "Bond"). We understand that the Bond will be issued for the purpose of (i) acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are used to provide fire protection in the Issuer, and (ii) paying the costs of issuance of the Bond (the "Project").
As bond counsel, we will prepare and submit to the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana for adoption all of the legal proceedings required for the authorization, issuance, sale and delivery of the Bond and provide advice of a traditional legal nature as to the issuance and sale of the Bond. Our job is principally to render certain opinions to the Issuer regarding (i) the validity of the Bond under applicable Louisiana law, (ii) the exemption of interest paid on the bonds from federal and/or state taxes, and (iii) other matters as may be applicable. The bond opinion will be based on facts and law existing as of its date. In rendering such opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to our firm without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the Issuer with applicable laws and other resolutions relating to the Bond. During the course of this engagement, we will rely upon the staff of the Issuer and the members of the Governing Authority to provide us with complete and timely information on all developments pertaining to any aspect of the Bond.
In our engagement as bond counsel, we will:
Confer with members of the working group, including you and other officials of the Issuer, relating to the Project and review legal issues relating to the structure of the Bond issue;
Prepare the Issuing Bond Resolution and all related financing documents (collectively, the "Bond Documents");
As requested, attend meetings of the Governing Authority at which the Bond Documents are adopted, including (as applicable) preparation of notices;
Prepare the application for approval of the issuance of the Bond by the State Bond Commission and attend the State Bond Commission meeting at which such approval will be considered;
Prepare the closing index and various closing certificates, including the Tax Compliance Bond, and supervise the execution of certain closing documents by the various parties thereto;
REGULAR MEETING
MAY 8, 2017
Prepare and file Internal Revenue Service Form 8038-G, as required by Federal law;
Prepare the Bond and supervise their execution and authentication,
Prepare complete transcripts of record covering the issuance of the Bond and furnishing the transcripts to various parties in connection therewith; and
Submit post-closing reports to the State Bond Commission, if required.
Our fee as bond counsel is based upon the terms, structure, size and schedule of the financing, the services provided, and the responsibilities assumed; however, our fee will not exceed that permitted by guidelines set forth by the Attorney General of the State of Louisiana and is subject to his approval. Our fee as bond counsel is a "contingent fee", meaning you are required to pay for our legal services only in the event the Bond is actually sold and delivered.
Other vendors or members of the working group may charge additional fees or costs for their services.
We will continue to serve as bond counsel until the delivery of the Bond; however, the Issuer and our firm each have the right to terminate this engagement at any time after providing reasonable advanced written notice, subject to the applicable rules of professional responsibility. Upon conclusion or termination of our representation of the Issuer, papers and property furnished by the Issuer will be returned promptly upon request.
Please note that we are not municipal advisors, and we do not render financial advice or other financial services to the Issuer; however, in the course of providing traditional legal services, we may provide factual information that is not specifically tailored to the Bond or that does not rise to the level of a recommendation concerning a course of action. We will, however, analyze, discuss and advise the Issuer regarding the legal ramifications of the structure, timing, terms and other provisions of the Bond, as these functions are essential to developing a plan of finance.
Applicable ethical rules in Louisiana prohibit us from undertaking this representation if we represent another party that is directly adverse to the Issuer or if there is a significant risk that other considerations will materially limit our representation of the Issuer. As you are aware, our firm represents many political subdivisions, including others in Rapides Parish. At this time, we do not believe any other current or past engagement of our firm adversely affects our ability to represent the Issuer as provided in this letter; however, we invite you to discuss any concerns you have with us.
If this letter is acceptable to the Issuer, please so indicate by executing where indicated below and returning a copy to us, retaining the original for your files. We REGULAR MEETING MAY 8, 2017
appreciate the opportunity to serve the Issuer and look forward to working with you.
FOLEY & JUDELL, L.L.P.
BY: ___________________________ DAVID E. HENDERSON, PARTNER
ACCEPTED AND APPROVED: FIRE PROTECTION DISTRICT NO. 6 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA
BY: _____________________________ NAME: CRAIG SMITH TITLE: PRESIDENT, RAPIDES PARISH POLICE JURY DATED: MAY 8, 2017
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to waive the thirty (30) day announcement rule and appoint Mr. Jimmie Morrison to fill the unexpired term of the late Mr. A. Edmond Hays, on the Rapides Parish Coliseum Authority Board, representing District H. Term will expire December 8, 2018. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to rescind a certain motion of January 9, 2017, appointing Ms. Jimmie Lewis on the Tioga Heritage Museum, due to not living in District A and appoint Ms. Melanie Tole. Term will be determined when Board is formed. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to receive the required report from Acadian Ambulance under the Contract for March, 2017: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 539 80% 87.57% Pineville - 8 minute 153 80% 81.70% Rapides - 12 minute 242 80% 95.04% Rapides - 20 minute 228 80% 87.72% On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to retain Matt Phillips, Smith, Fontenot & Phillips, to prepare a parish-wide digital map of all Fire Protection Districts in Rapides Parish with the cost to be borne equally by each district. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Joe Bishop, that the following items were not considered by the Committee of the Jury but were posted on the agenda after the Committee Meeting and added to the Jury agenda in compliance with the Public Meetings Law and are now confirmed as having been added to the agenda by two-thirds vote: REGULAR MEETING MAY 8, 2017
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: none On roll call vote the motion carried 9-0.
On motion by Mr. Sean McGlothlin, seconded by Mr. Richard Billings, to accept the resignation of Mr. Greg Pharis on the Gas Utility District #2 Board and appoint Mr. Chris Lacombe to fill the unexpired term. Term will expire October 11, 2019. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Sean McGlothlin, to accept the resignation of Ms. Melba Peart on the Gas Utility District #2 Board and appoint Mr. Ricky Roy to fill the unexpired term. Term will expire October 11, 2019. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, the following ordinance was presented and unanimously adopted:
ORDINANCE
AN ORDINANCE CREATING FIRE PROTECTION SALES TAX
DISTRICT NO. 18 OF THE PARISH OF RAPIDES, STATE OF
LOUISIANA; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, Section 338.54 of Title 47 of the Louisiana Revised Statutes of 1950, as amended, authorizes the Police Jury of the Parish of Rapides, State of Louisiana (the "Police Jury"), to create a sales tax district within the Parish of Rapides, State of Louisiana (the "Parish"); and
WHEREAS, it is now the desire of the Police Jury to create a sales tax district in the Parish containing all of the territory described in Section 1 of this Ordinance, all for the purpose of submitting to the electorate of said sales tax district the question of the imposition of a sales and use tax in said sales tax district in the manner provided by the aforesaid statutory provision and Article VI, Section 30 of the Constitution of the State of Louisiana of 1974;
NOW, THEREFORE, BE IT ORDAINED by the Police Jury, acting as the governing authority of the Parish, that:
SECTION 1. In accordance with the provisions of Section 338.54 of Title 47 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, there is hereby created a sales tax district in the Parish, which sales tax district shall comprise all the territory within the boundaries of Fire Protection District No. 18 of the Parish of Rapides, State of Louisiana, as such boundaries presently exist. REGULAR MEETING MAY 8, 2017
SECTION 2. The sales tax district hereby created shall be known and designated as "Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana" (the "District"); and the seal of the Parish is hereby adopted as the seal of the District. The governing authority of the District shall be the Police Jury, the domicile shall be the regular meeting place of the Police Jury and the officers of the Police Jury shall be the officers of the District.
SECTION 3. The District shall have all powers granted to it under Louisiana law, including the power to levy a sales and use tax in accordance with Section 338.54 of Title 47 of the Louisiana Revised Statutes of 1950, as amended, and Article VI, Section 30 of the Constitution of the State of Louisiana of 1974, and to fund the proceeds thereof into bonds for the purposes for which the sales and use tax is authorized to be used.
SECTION 4. In case any one or more of the provisions of this ordinance shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this ordinance, but the same shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. Any constitutional or statutory provisions enacted after the date of this ordinance which validate or make legal any provisions thereof shall be deemed to apply hereto.
SECTION 5. This Ordinance shall become effectively immediately upon adoption.
This Ordinance having been submitted to a vote, the vote thereon was as follows: YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSENT: none ABSTAINED: none
And the ordinance was declared adopted on this, the 8th day of May, 2017.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to consider and take action with respect to announcing that the Police Jury of the Parish of Rapides, State of Louisiana, plans to consider adopting a resolution ordering and calling an election to authorize the levy of a sales and use tax to be held within Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana, at its meeting on Monday June 12, 2017 at 3:00 p.m. at the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to consider and take action with respect to announcing that the Police Jury of the Parish of Rapides, State of Louisiana, plans to consider adopting a resolution ordering and calling an election to authorize the levy of a special tax to be held REGULAR MEETING MAY 8, 2017
with Fire Protection District No. 19 of the Parish of Rapides, State of Louisiana, at its meeting on Monday, June 12, 2017 at 3:00 p.m. at the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to announce that the Rapides Parish Police Jury Office intends to levy the 2017 millage rates at a public meeting to be held on June 12, 2017, 3:00 p.m., at the Rapides Parish Courthouse, Police Jury Meeting Room, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, 71301. On vote the motion carried.
There being no further business, the meeting was adjourned at 3:47 p.m.
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