Public Meeting
Rapides Parish Police Jury
· 4:08 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
February 12, 2018 other
Open official PDF ↗ 18 pages sha256:8bc338a38e7d…
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 the Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, on Monday, February 12, 2018, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Davron “Bubba” Moreau, President, Richard Vanderlick, Vice President, and Police Jurors: Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Sean McGlothlin and Scott Perry, Jr.
Absent was Police Juror 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. Theodore Fountaine.
The Pledge of Allegiance was led by Mr. Joe Bishop.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Davron “Bubba” Moreau, 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.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on December 11, 2017, Regular Session on January 8, 2018 and Special Session January 16, 2018, 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. Ollie Overton, seconded by Mr. Joe Bishop, to accept the Treasurer’s Report. On vote the motion carried.
The next item on the agenda was to recognize Alexandria City Marshal’s Office for a presentation.
Interim Alexandria City Marshal, Ricky Rachal gave a power point presentation of the Marshal’s Office meeting dates, dress codes of the Courtrooms, court procedures, employees and some of the day to day operations..
The next item on the agenda was to recognize John Ritchie, Candidate for REGULAR MEETING FEBRUARY 12, 2018
Alexandria City Marshal.
Mr. John Ritchie spoke about his background and asked the Jury for their support in his candidacy for Alexandria City Marshal.
At this time, President Davron Moreau recognized Dr. David Holcombe, Rapides Parish Health Unit Director.
Dr. Holcombe gave a brief update on events happening at the Health Unit and stated this has been the worst flu season yet.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
TO ANGELO D’ANGELO, III
FOR THE
CONSIDERATION OF $1,000.00 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as:
A certain piece, parcel or tract of land with all the buildings and improvements located thereon and with all rights, ways and privileges thereto appertaining, lying and situated in City of Alexandria, Rapides Parish, Louisiana and being particularly described as follows, to wit:
Lot 8, Square nineteen (19), West Alexandria Addition, more particularly describe at CB 1453 Pg. 377, records of Rapides Parish, Louisiana.
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from ANGELO D’ANGELO, III, to purchase said property for the consideration of $1,000.00 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to ANGELO D’ANGELO, III, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land with all the buildings and REGULAR MEETING FEBRUARY 12, 2018
improvements located thereon and with all rights, ways and privileges thereto appertaining, lying and situated in City of Alexandria, Rapides Parish, Louisiana and being particularly described as follows, to wit:
Lot 8, Square nineteen (19), West Alexandria Addition, more particularly describe at CB 1453 Pg. 377, records of Rapides Parish, Louisiana.
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces REGULAR MEETING FEBRUARY 12, 2018
verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision REGULAR MEETING FEBRUARY 12, 2018
supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly REGULAR MEETING FEBRUARY 12, 2018
cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 12th day of February, 2018.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, the following ordinance was presented and unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
TO ANGELO D’ANGELO, III
FOR THE
CONSIDERATION OF $1,000.00 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as:
A certain piece, parcel or tract of land with all the buildings and improvements located thereon and with all rights, ways and privileges thereto appertaining, lying and situated in City of Alexandria, Rapides Parish, Louisiana and being particularly described as follows, to wit:
Lot 7 of Square 19 of Alexandria Land & Improvement Company, Ltd’s West Alexandria Addition, Alexandria, Rapides Parish, Louisiana, as per plat recorded in CB-Y, pages 431-432, records of Rapides Parish, Louisiana.
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from ANGELO D’ANGELO, III, to purchase said property for the consideration of $1,000.00 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to ANGELO D’ANGELO, III, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land with all the buildings and improvements located thereon and with all rights, ways and privileges thereto appertaining, lying and situated in City of Alexandria, Rapides Parish, Louisiana REGULAR MEETING FEBRUARY 12, 2018
and being particularly described as follows, to wit:
Lot 7 of Square 19 of Alexandria Land & Improvement Company, Ltd’s West Alexandria Addition, Alexandria, Rapides Parish, Louisiana, as per plat recorded in CB-Y, pages 431-432, records of Rapides Parish, Louisiana.
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if REGULAR MEETING FEBRUARY 12, 2018
the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47: 2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law. REGULAR MEETING FEBRUARY 12, 2018
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder REGULAR MEETING FEBRUARY 12, 2018
of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 12th day of February, 2018.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to authorize to renew Bid #2446 - Miscellaneous Office Supplies, with Sayes Office Supply for an additional twelve (12) month period, extending the contract date to April 30, 2019, as recommended by the Purchasing Agent. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to authorize the participation in an upcoming auction to be held on February 24th, March 10th and March 24th. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to accept the construction contract with Gilchrist Construction (Contractor) for Bid #2569 – Various Road Improvements as substantially complete and begin the 45 (Forty-five) day lien period, as recommended by the Public Works Director and authorize the President to sign all necessary documents. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to authorize the President of the Rapides Parish Police Jury to approve travel expenditures during the year, not to exceed the budgeted amount. This must be approved in February by the Jury each year. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to award annual Bid #2619 – Contract Hauling – Rapides Parish, to Tommy Russell Enterprises, LLC, as recommended by the Parish Engineer and Purchasing Agent.
The rates are as follows: 0 to 10 mile haul 0.42 per yard mile 11 to 20 mile haul 0.37 per yard mile 21 miles and over 0.32 per yard mile Truck Owned – 3 Trucks Hired – 5 On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Vanderlick, to amend 2018 budgets to reflect actual carry in. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to delete from the Rapides Parish Fire District No. 2 Asset/Inventory Program Asset #10803 – 2012 Ford F-450. This vehicle was involved in an accident, the insurance made settlement payment and deemed it totaled. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to purchase one 2018 Ford F-550 Crew cab 4x2 from Louisiana State Contract #4400010201, in the amount of $36,765.00 to be paid from Fire District No. 2 funds, as recommended by Fire Chief Randy McCain. (This vehicle is to replace the 2012 REGULAR MEETING FEBRUARY 12, 2018
Ford F-450 that was wrecked. Insurance reimbursed $30,546 for the wrecked vehicle.)
Amendment to the motion by Mr. Joe Bishop, seconded by Mr. Sean McGlothlin, to change the F-550 to F-150 and the dollar amount to $30,511.00. On vote the amended motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to enter into a Cooperative Endeavor Agreement between the Rapides Parish Police Jury and Rapides Parish Fire Protection District No. 18 to provide accounting, purchasing and related services for District No. 18, in return the Rapides Parish Police Jury shall be reimbursed incurred expenses and an administrative fee effective upon the execution of the Cooperative Endeavor Agreement and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to authorize the purchase of one (1) 300 kw standby generator off of State Contract for Rapides Parish Fire District No. 3, Station No. 4, as recommended by the Alpine Volunteer Fire Department Board of Directors, to be paid out of Fire District No. 3 Funds. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below:
Tax Debtor Description McCoy and McCoy Inc. Lot Seven (7) and part of Lot Six (6) of Airbase Estates as per plat there of recorded in Plat Book Fourteen (14), page Seventy (70), record of Rapides Parish, Louisiana, and more fully described as follows: Begin at the Southeast corner of Lot Seven (7) of Airbase Estate and run westerly Seventy (70) feet along the North right of way line of Second Street; thence turn Eighty-Nine (89) degrees Forty-One (41) minutes right and run fifty point four (50.4) feet; then turn Ninety
- (90) degrees left and run One point nine (1.09) feet; then turn ninety-one (91) degrees Fourteen (14) minutes right and run thirty-five (35) feet; thence turn Eighty-eight (88) degrees left and run One Hundred thirty-One point Seven (131.7) feet to the rear line of Lot Six (6); thence turn corner of Lot Seven (7); thence turn right and run southerly two hundred seventeen point one (217.1) feet along the east line of Lot Seven (7) to the point of beginning; all shown on plat. District I – Scott Perry Jr. Bearing the municipal address of: REGULAR MEETING FEBRUARY 12, 2018
On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to ratify the purchase of a 2006 American General H1 by Rapides Parish Fire District No. 17, from the Louisiana Federal Property Assistance Program, in the amount of $25,000.00, as recommended by the Fire Department Board. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to authorize the purchase for Rapides Parish Fire District No. 9, an F550 Truck and accessories, for the total of $51,627.00, off of the Louisiana State Contract, as recommended by the Fire Chief and Fire Department Board. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Ollie Overton, to accept the Public Works Director's Report. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to reassign Asset #10894 (2011 Nissan Sentra) to the Public Works Department instead of placing for public auction, as passed in January 2018 Police Jury Meeting, as requested by the Parish Engineer. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Sean McGlothlin, to grant approval for Farmland Estates, located at Highway 71 South and Winegart Lane, Lecompte, as recommended by the Rapides Area Planning Commission and approved by the Public Works Director, pending review of Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to grant approval for Hardwood Subdivision, located at Durwood Johnson Road, Forest Hill, as recommended by the Rapides Area Planning Commission and approved by the Public Works Director, pending review of Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to grant recommended by the Rapides Area Planning Commission and Public Works Director, pending Legal Counsel review and authorize the signing of the plat. (This is rental property only) On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to enter into an Intergovernmental Agreement with the Town of Glenmora for the Rapides Parish Highway Department to level and repair certain roads in the Town of Glenmora, so that they may be chip sealed by the Parish crews or micro-surfaced by a contractor, to be paid out of Town’s portion of Road District No. 1A Funds and authorize the President to sign.
Roads are as follows: Parish Maintenance Building and Turkey Creek Road Division Street and Hughes REGULAR MEETING FEBRUARY 12, 2018
Division and Hughes Street Turkey Creek Road and 7th Street On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to enter into an Intergovernmental Agreement with the Town of Glenmora, for the Rapides Parish Highway Department to provide labor and equipment, to perform sixty (60) hours of ditch cleaning on various roads, as requested by the Town of Glenmora, to be paid out of Town’s portion of Road District No. 1A Funds and authorize the President to sign same.
Ditches are as follows: 14th Avenue between Melody Lane and Highway 165 Melody Lane between 14th Avenue and Ashmore Road Daffodil Street between Melody and 14th Avenue Beverly Lane between Daffodil Street and 14th Avenue 11th Avenue between Wilson Street and Hughes Street 10th Avenue between Wilson Street and Hughes Street 8th Avenue between Hughes Street and Division Street 10th Avenue between 7th Street and 8th Street Wilson Road between 11th Street and Bradley Road On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to approve the hiring of one (1) part-time, temporary Youth Specialist to assist with the provision of youth services under the Workforce Innovation and Opportunity Act (WIOA), to be paid out of WIOA funds, and to authorize the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to authorize to advertise and place out for Bid, the purchase of One (1) BAC Cooling Tower, for the Rapides Parish Courthouse, as requested by the Courthouse Building Superintendent. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to request a legal opinion concerning allowing full-time Fire District employees to work in a part-time capacity for other Rapides Parish Fire Districts.
Mr. Tom Wells, Legal Counsel, stated he has some research on this matter but he would like to write it up and give a complete report.
On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to accept the resignation of Mr. Carter Rhodes on the Gravity Drainage District No. 2 Board, waive the thirty (30) day announcement rule and appoint Mr. Jeff DeKeyzer to fill the unexpired term. Term will expire June 12, 2021. On vote the REGULAR MEETING FEBRUARY 12, 2018
motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Scott Perry, to reappoint Mr. Sam DeBona to the Communications District for a four (4) year term. Term will expire February 18, 2022. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Scott Perry, to reappoint Mr. Jack DeWitt to the Communications District for a four (4) term. Term will expire February 18, 2022. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to reappoint Mr. Calvert Beauregard to the Poland Recreation District for a five (5) year term. Term will expire February 14, 2023. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to reappoint Mr. Tim Vercher to the Ruby-Wise Recreation District for a five (5) year term. Term will expire February 11, 2023. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to reappoint Mr. Rusty Bell to the Ruby-Wise Recreation District for a five (5) year term. Term will expire February 11, 2023. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to reappoint Ms. Sonya McGee to the Ruby-Wise Recreation District for a five (5) year term. Term will expire February 11, 2023. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to reappoint Mr. Mike Paulk to the Ruby-Wise Recreation District for a five (5) year term. Term will expire February 11, 2023. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Scott Perry, to receive the required report from Acadian Ambulance under the Contract for December, 2017: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 541 80% 88.35% Pineville - 8 minute 156 80% 85.26% Rapides - 12 minute 217 80% 90.32% Rapides - 20 minute 203 80% 81.77% On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Craig Smith, to adopt the Rapides Parish Emergency Operations Plan and ratify authorization for the Parish President and Rapides OHSEP Executive Director to sign the promulgation statement. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to authorize the President to sign an agreement between Fire Protection District No. 6 and the Senior Citizens for the use of the training center for a senior meal site, for a five
- (5) year period beginning March 18, 2018 with the option to renew for a five (5) year term, pending Legal Counsel review. On vote the motion carried.
REGULAR MEETING
FEBRUARY 12, 2018
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, 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:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Craig Smith, Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin and Scott Perry, Jr. NAYS: Theodore Fountaine, Jr. ABSTAINED: none ABSENT: Richard Billings On roll call vote the motion carried 7-1.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to authorize the request of the Rapides Parish Library Board of Control, for the Rapides Parish Police Jury to enter into a one year lease with APOGEE LLC, for a portion of the parking lot, at the corner of Ulster and Leitrum Street, Boyce LA.; area to be leased is 30 x 40 or 1,200 square foot, starting March 1, 2018, in the amount of $500 per month and authorize the President to sign the necessary documents. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Joe Bishop, to authorize the Maintenance Department to construct a wall and a door in the Rapides Parish District Attorney’s Office, City of Alexandria Building Permit No. 24375. Cost will be less than $500.00, to be reimbursed by the District Attorney’s Office. On vote the motion carried. Mr. Theodore Fountaine voted nay.
Motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to recognize Mr. Scott Lemmons with Advance Environmental Compliance, LLC to discuss the requirements of the Louisiana Department of Environmental Quality MS4 Permit and the proposed ordinance to meet the permit requirements for storm water management. On vote the motion carried. Mr. Theodore Fountaine voted nay.
Mr. Scott Lemmons, Advance Environmental Compliance, LLC introduced Mr. Justin Lemmons. Mr. Lemmons explained that in 2013, the LDEQ started requiring MS4 Permits. This has been directed for all 50 states and each has its own regulations relating to storm water management. This is a threat to both aquatic and public health. An MS4 is a Municipal Separate Storm Sewer System, including roads, drains, streets, catchments, gutters, curves, ditches, channels and storm drains. The term MS4 Permit refers to the regulations that have been developed to minimalize the environmental impact of storm water discharge and separate from under sewer systems. MS4 permitting was issued in two phases. Phase I was rolled out beginning 1990 and some of the towns and municipalities in Rapides Parish have already started the MS4 permitting. Phase II was adopted in 2003. It relates to a general permit for discharged storm water for small MS4’s. It provides permit coverage for municipalities of fewer than 100,000, including public education canvasses, government facilities, hospital facilities, prison complexes and military bases. The permits do expire and have to be updated periodically for compliance. He stated that when Dennis Woodward, Public Works Director, contacted him, they applied for a notice of intent with LDEQ in 2013. They gave them five years to get this implemented. It is quite a bit of work REGULAR MEETING FEBRUARY 12, 2018
to get implemented. They contacted the RAPC and saw that there is a need for an ordinance. The ordinance gives the outreach to let people know what is required when they start construction and there is different phases that you go through. That ordinance will cover everything from there septic fencing, litter, people washing out paint cans, concrete wash out, etc. Through these ordinances some municipalities charge a fee for someone coming in to build a new house. After visiting with RAPC, it was noted we will have to have trained inspectors. We looked at maybe instituting a fee for this, but we didn’t get too involved in that. This was given in 2013, Dennis contacted him in 2017 and this was supposed to be completed by this year. Mr. Lemmons stated they asked for an extension and received it from LDEQ. The ordinance that is being talked about is a work in progress.
Mr. Dennis Woodward stated he had passed out a letter he received in November, 2017. The letter was to do a self-assessment and they gave thirty days but we got an extension on that, but they are requesting information like public education and construction sites, these are the things we are supposed to be making improvements in. It shows we will have penalties, if we don’t do all this, up to $37,500 a day.
Mr. Bubba Moreau questioned what the extension period was, to which Mr. Lemmons stated it was open, just let them know we are working through this and trying to get an ordinance done. As long as we have a working relationship with them and call them every thirty days or so, give them our progress, they pretty much left it open. We are fast tracking and RAPC has been meeting with us.
Mr. Matt Johns, RAPC Director, stated because they already go to the construction sites, the majority of those can be covered why they are doing the uniform construction code inspections. No extra cost, just a little extra time. They looked at doing this as cheap as possible.
Discussion ensued.
Mr. Lemmons stated that as it goes on, there will be “best management practices” in which we have six minimum control measures that they are going to inspect. Each year an annual report will have to be filed with LDEQ on the progress. This is not something that is going to go away. It is a self-assessment or self-audit that will be required. The six control measures are public, education outreach, public involvement, this will turn into an illicit discharge, detection and elimination. They will not be looking at anything urban. If they go through the City of Alexandria, Town of Ball, or any other entity that has a MS4, they will report to those entities. This is just rural.
Mr. Tom Wells questioned if it was mandated parish wide, to which Mr. Lemmons stated yes, it will be for the entire state. Whatever is not covered by the municipalities, it will be picked up by the Police Jury.
Mr. Wells questioned that the Police Jury does permits to discharged treatable removal into roadside ditches and would it affect that, to which Mr. Lemmons stated possibly.
Discussion ensued. REGULAR MEETING FEBRUARY 12, 2018
Mr. Ollie Overton questioned how far back we would have to go on subdivisions that are already established, to which Mr. Lemmons said they would be grandfathered in.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to authorize amending Rapides Disaster Recovery Alliance’s contract for engineering services for the CDBG-DR North Bank Grant Red River Levee Improvements Project, to increase fees by $20,845, associated with basic engineering, surveying and environmental delineations and permitting, and authorize the President to execute the amendment. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize amending the CDBG-DR Red River Levee North Bank Grant Levee Improvement Project scope and budget to align with the updated cost estimate for the project, and authorize the president to execute the amendment. The total grant funding included in the current project budget will remain the same, this project amendment only moves money between line items within the current project budget. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to authorize amending Frye Magee LLC’s contract for grant administration services for the CDBG-DR Red River Levee Recertification Project, to transfer $15,000 in grant administration fees from the Spanish Bayou Pump Station Project to the Pineville Utility Conflicts project, and authorize the President to execute the amendment. This amendment does not increase the total value for Frye Magee’s contract. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize amending the CDBG-DR Red River Levee Spanish Bayou Pump Station budget to reduce grant funding by $15,000 for administration fees associated with the project, and authorize the President to execute the amendment. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize amending the CDBG-DR Red River Levee Pineville Utility Conflict budget to add $15,000 of grant funding for administration fees associated with the project, and authorize the President to execute the amendment. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to add the following motions to the agenda, received after the Jury Meeting agenda was posted in compliance with the Public Meetings Law and are now confirmed as having been added to the agenda by unanimous vote:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Richard Billings On roll call vote the motion carried 8-0.
REGULAR MEETING
FEBRUARY 12, 2018
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to award Bid #2623–(Purchase Used Performance Stage) to Star Productions (lowest/sole bidder) for the bid amount of $84,353.00. Bid amount to be paid in three annual payments as recommended by the Purchasing Agent and Treasurer. On vote the motion carried.
There being no further business, motion by Mr. Craig Smith, seconded by Mr. Richard Vanderlick, the meeting was adjourned at 4:08 p.m.
February 12, 2018 other
Open official PDF ↗ 18 pages sha256:a0c6492a7427…
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 the Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, on Monday, February 12, 2018, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Davron “Bubba” Moreau, President, Richard Vanderlick, Vice President, and Police Jurors: Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Sean McGlothlin and Scott Perry, Jr.
Absent was Police Juror 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. Theodore Fountaine.
The Pledge of Allegiance was led by Mr. Joe Bishop.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Davron “Bubba” Moreau, 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.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on December 11, 2017, Regular Session on January 8, 2018 and Special Session January 16, 2018, 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. Ollie Overton, seconded by Mr. Joe Bishop, to accept the Treasurer’s Report. On vote the motion carried.
The next item on the agenda was to recognize Alexandria City Marshal’s Office for a presentation.
Interim Alexandria City Marshal, Ricky Rachal gave a power point presentation of the Marshal’s Office meeting dates, dress codes of the Courtrooms, court procedures, employees and some of the day to day operations..
The next item on the agenda was to recognize John Ritchie, Candidate for REGULAR MEETING FEBRUARY 12, 2018
Alexandria City Marshal.
Mr. John Ritchie spoke about his background and asked the Jury for their support in his candidacy for Alexandria City Marshal.
At this time, President Davron Moreau recognized Dr. David Holcombe, Rapides Parish Health Unit Director.
Dr. Holcombe gave a brief update on events happening at the Health Unit and stated this has been the worst flu season yet.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
TO ANGELO D’ANGELO, III
FOR THE
CONSIDERATION OF $1,000.00 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as:
A certain piece, parcel or tract of land with all the buildings and improvements located thereon and with all rights, ways and privileges thereto appertaining, lying and situated in City of Alexandria, Rapides Parish, Louisiana and being particularly described as follows, to wit:
Lot 8, Square nineteen (19), West Alexandria Addition, more particularly describe at CB 1453 Pg. 377, records of Rapides Parish, Louisiana.
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from ANGELO D’ANGELO, III, to purchase said property for the consideration of $1,000.00 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to ANGELO D’ANGELO, III, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land with all the buildings and REGULAR MEETING FEBRUARY 12, 2018
improvements located thereon and with all rights, ways and privileges thereto appertaining, lying and situated in City of Alexandria, Rapides Parish, Louisiana and being particularly described as follows, to wit:
Lot 8, Square nineteen (19), West Alexandria Addition, more particularly describe at CB 1453 Pg. 377, records of Rapides Parish, Louisiana.
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces REGULAR MEETING FEBRUARY 12, 2018
verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision REGULAR MEETING FEBRUARY 12, 2018
supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly REGULAR MEETING FEBRUARY 12, 2018
cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 12th day of February, 2018.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, the following ordinance was presented and unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
TO ANGELO D’ANGELO, III
FOR THE
CONSIDERATION OF $1,000.00 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as:
A certain piece, parcel or tract of land with all the buildings and improvements located thereon and with all rights, ways and privileges thereto appertaining, lying and situated in City of Alexandria, Rapides Parish, Louisiana and being particularly described as follows, to wit:
Lot 7 of Square 19 of Alexandria Land & Improvement Company, Ltd’s West Alexandria Addition, Alexandria, Rapides Parish, Louisiana, as per plat recorded in CB-Y, pages 431-432, records of Rapides Parish, Louisiana.
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from ANGELO D’ANGELO, III, to purchase said property for the consideration of $1,000.00 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to ANGELO D’ANGELO, III, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land with all the buildings and improvements located thereon and with all rights, ways and privileges thereto appertaining, lying and situated in City of Alexandria, Rapides Parish, Louisiana REGULAR MEETING FEBRUARY 12, 2018
and being particularly described as follows, to wit:
Lot 7 of Square 19 of Alexandria Land & Improvement Company, Ltd’s West Alexandria Addition, Alexandria, Rapides Parish, Louisiana, as per plat recorded in CB-Y, pages 431-432, records of Rapides Parish, Louisiana.
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if REGULAR MEETING FEBRUARY 12, 2018
the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47: 2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law. REGULAR MEETING FEBRUARY 12, 2018
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder REGULAR MEETING FEBRUARY 12, 2018
of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 12th day of February, 2018.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to authorize to renew Bid #2446 - Miscellaneous Office Supplies, with Sayes Office Supply for an additional twelve (12) month period, extending the contract date to April 30, 2019, as recommended by the Purchasing Agent. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to authorize the participation in an upcoming auction to be held on February 24th, March 10th and March 24th. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to accept the construction contract with Gilchrist Construction (Contractor) for Bid #2569 – Various Road Improvements as substantially complete and begin the 45 (Forty-five) day lien period, as recommended by the Public Works Director and authorize the President to sign all necessary documents. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to authorize the President of the Rapides Parish Police Jury to approve travel expenditures during the year, not to exceed the budgeted amount. This must be approved in February by the Jury each year. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to award annual Bid #2619 – Contract Hauling – Rapides Parish, to Tommy Russell Enterprises, LLC, as recommended by the Parish Engineer and Purchasing Agent.
The rates are as follows: 0 to 10 mile haul 0.42 per yard mile 11 to 20 mile haul 0.37 per yard mile 21 miles and over 0.32 per yard mile Truck Owned – 3 Trucks Hired – 5 On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Vanderlick, to amend 2018 budgets to reflect actual carry in. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to delete from the Rapides Parish Fire District No. 2 Asset/Inventory Program Asset #10803 – 2012 Ford F-450. This vehicle was involved in an accident, the insurance made settlement payment and deemed it totaled. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to purchase one 2018 Ford F-550 Crew cab 4x2 from Louisiana State Contract #4400010201, in the amount of $36,765.00 to be paid from Fire District No. 2 funds, as recommended by Fire Chief Randy McCain. (This vehicle is to replace the 2012 REGULAR MEETING FEBRUARY 12, 2018
Ford F-450 that was wrecked. Insurance reimbursed $30,546 for the wrecked vehicle.)
Amendment to the motion by Mr. Joe Bishop, seconded by Mr. Sean McGlothlin, to change the F-550 to F-150 and the dollar amount to $30,311.00. On vote the amended motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to enter into a Cooperative Endeavor Agreement between the Rapides Parish Police Jury and Rapides Parish Fire Protection District No. 18 to provide accounting, purchasing and related services for District No. 18, in return the Rapides Parish Police Jury shall be reimbursed incurred expenses and an administrative fee effective upon the execution of the Cooperative Endeavor Agreement and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to authorize the purchase of one (1) 300 kw standby generator off of State Contract for Rapides Parish Fire District No. 3, Station No. 4, as recommended by the Alpine Volunteer Fire Department Board of Directors, to be paid out of Fire District No. 3 Funds. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below:
Tax Debtor Description McCoy and McCoy Inc. Lot Seven (7) and part of Lot Six (6) of Airbase Estates as per plat there of recorded in Plat Book Fourteen (14), page Seventy (70), record of Rapides Parish, Louisiana, and more fully described as follows: Begin at the Southeast corner of Lot Seven (7) of Airbase Estate and run westerly Seventy (70) feet along the North right of way line of Second Street; thence turn Eighty-Nine (89) degrees Forty-One (41) minutes right and run fifty point four (50.4) feet; then turn Ninety
- (90) degrees left and run One point nine (1.09) feet; then turn ninety-one (91) degrees Fourteen (14) minutes right and run thirty-five (35) feet; thence turn Eighty-eight (88) degrees left and run One Hundred thirty-One point Seven (131.7) feet to the rear line of Lot Six (6); thence turn corner of Lot Seven (7); thence turn right and run southerly two hundred seventeen point one (217.1) feet along the east line of Lot Seven (7) to the point of beginning; all shown on plat. District I – Scott Perry Jr. Bearing the municipal address of: REGULAR MEETING FEBRUARY 12, 2018
On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to ratify the purchase of a 2006 American General H1 by Rapides Parish Fire District No. 17, from the Louisiana Federal Property Assistance Program, in the amount of $25,000.00, as recommended by the Fire Department Board. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to authorize the purchase for Rapides Parish Fire District No. 9, an F550 Truck and accessories, for the total of $51,627.00, off of the Louisiana State Contract, as recommended by the Fire Chief and Fire Department Board. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Ollie Overton, to accept the Public Works Director's Report. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to reassign Asset #10894 (2011 Nissan Sentra) to the Public Works Department instead of placing for public auction, as passed in January 2018 Police Jury Meeting, as requested by the Parish Engineer. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Sean McGlothlin, to grant approval for Farmland Estates, located at Highway 71 South and Winegart Lane, Lecompte, as recommended by the Rapides Area Planning Commission and approved by the Public Works Director, pending review of Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to grant approval for Hardwood Subdivision, located at Durwood Johnson Road, Forest Hill, as recommended by the Rapides Area Planning Commission and approved by the Public Works Director, pending review of Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to grant recommended by the Rapides Area Planning Commission and Public Works Director, pending Legal Counsel review and authorize the signing of the plat. (This is rental property only) On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to enter into an Intergovernmental Agreement with the Town of Glenmora for the Rapides Parish Highway Department to level and repair certain roads in the Town of Glenmora, so that they may be chip sealed by the Parish crews or micro-surfaced by a contractor, to be paid out of Town’s portion of Road District No. 1A Funds and authorize the President to sign.
Roads are as follows: Parish Maintenance Building and Turkey Creek Road Division Street and Hughes REGULAR MEETING FEBRUARY 12, 2018
Division and Hughes Street Turkey Creek Road and 7th Street On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to enter into an Intergovernmental Agreement with the Town of Glenmora, for the Rapides Parish Highway Department to provide labor and equipment, to perform sixty (60) hours of ditch cleaning on various roads, as requested by the Town of Glenmora, to be paid out of Town’s portion of Road District No. 1A Funds and authorize the President to sign same.
Ditches are as follows: 14th Avenue between Melody Lane and Highway 165 Melody Lane between 14th Avenue and Ashmore Road Daffodil Street between Melody and 14th Avenue Beverly Lane between Daffodil Street and 14th Avenue 11th Avenue between Wilson Street and Hughes Street 10th Avenue between Wilson Street and Hughes Street 8th Avenue between Hughes Street and Division Street 10th Avenue between 7th Street and 8th Street Wilson Road between 11th Street and Bradley Road On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to approve the hiring of one (1) part-time, temporary Youth Specialist to assist with the provision of youth services under the Workforce Innovation and Opportunity Act (WIOA), to be paid out of WIOA funds, and to authorize the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to authorize to advertise and place out for Bid, the purchase of One (1) BAC Cooling Tower, for the Rapides Parish Courthouse, as requested by the Courthouse Building Superintendent. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to request a legal opinion concerning allowing full-time Fire District employees to work in a part-time capacity for other Rapides Parish Fire Districts.
Mr. Tom Wells, Legal Counsel, stated he has some research on this matter but he would like to write it up and give a complete report.
On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to accept the resignation of Mr. Carter Rhodes on the Gravity Drainage District No. 2 Board, waive the thirty (30) day announcement rule and appoint Mr. Jeff DeKeyzer to fill the unexpired term. Term will expire June 12, 2021. On vote the REGULAR MEETING FEBRUARY 12, 2018
motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Scott Perry, to reappoint Mr. Sam DeBona to the Communications District for a four (4) year term. Term will expire February 18, 2022. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Scott Perry, to reappoint Mr. Jack DeWitt to the Communications District for a four (4) term. Term will expire February 18, 2022. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to reappoint Mr. Calvert Beauregard to the Poland Recreation District for a five (5) year term. Term will expire February 14, 2023. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to reappoint Mr. Tim Vercher to the Ruby-Wise Recreation District for a five (5) year term. Term will expire February 11, 2023. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to reappoint Mr. Rusty Bell to the Ruby-Wise Recreation District for a five (5) year term. Term will expire February 11, 2023. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to reappoint Ms. Sonya McGee to the Ruby-Wise Recreation District for a five (5) year term. Term will expire February 11, 2023. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to reappoint Mr. Mike Paulk to the Ruby-Wise Recreation District for a five (5) year term. Term will expire February 11, 2023. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Scott Perry, to receive the required report from Acadian Ambulance under the Contract for December, 2017: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 541 80% 88.35% Pineville - 8 minute 156 80% 85.26% Rapides - 12 minute 217 80% 90.32% Rapides - 20 minute 203 80% 81.77% On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Craig Smith, to adopt the Rapides Parish Emergency Operations Plan and ratify authorization for the Parish President and Rapides OHSEP Executive Director to sign the promulgation statement. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to authorize the President to sign an agreement between Fire Protection District No. 6 and the Senior Citizens for the use of the training center for a senior meal site, for a five
- (5) year period beginning March 18, 2018 with the option to renew for a five (5) year term, pending Legal Counsel review. On vote the motion carried.
REGULAR MEETING
FEBRUARY 12, 2018
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, 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:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Craig Smith, Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin and Scott Perry, Jr. NAYS: Theodore Fountaine, Jr. ABSTAINED: none ABSENT: Richard Billings On roll call vote the motion carried 7-1.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to authorize the request of the Rapides Parish Library Board of Control, for the Rapides Parish Police Jury to enter into a one year lease with APOGEE LLC, for a portion of the parking lot, at the corner of Ulster and Leitrum Street, Boyce LA.; area to be leased is 30 x 40 or 1,200 square foot, starting March 1, 2018, in the amount of $500 per month and authorize the President to sign the necessary documents. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Joe Bishop, to authorize the Maintenance Department to construct a wall and a door in the Rapides Parish District Attorney’s Office, City of Alexandria Building Permit No. 24375. Cost will be less than $500.00, to be reimbursed by the District Attorney’s Office. On vote the motion carried. Mr. Theodore Fountaine voted nay.
Motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to recognize Mr. Scott Lemmons with Advance Environmental Compliance, LLC to discuss the requirements of the Louisiana Department of Environmental Quality MS4 Permit and the proposed ordinance to meet the permit requirements for storm water management. On vote the motion carried. Mr. Theodore Fountaine voted nay.
Mr. Scott Lemmons, Advance Environmental Compliance, LLC introduced Mr. Justin Lemmons. Mr. Lemmons explained that in 2013, the LDEQ started requiring MS4 Permits. This has been directed for all 50 states and each has its own regulations relating to storm water management. This is a threat to both aquatic and public health. An MS4 is a Municipal Separate Storm Sewer System, including roads, drains, streets, catchments, gutters, curves, ditches, channels and storm drains. The term MS4 Permit refers to the regulations that have been developed to minimalize the environmental impact of storm water discharge and separate from under sewer systems. MS4 permitting was issued in two phases. Phase I was rolled out beginning 1990 and some of the towns and municipalities in Rapides Parish have already started the MS4 permitting. Phase II was adopted in 2003. It relates to a general permit for discharged storm water for small MS4’s. It provides permit coverage for municipalities of fewer than 100,000, including public education canvasses, government facilities, hospital facilities, prison complexes and military bases. The permits do expire and have to be updated periodically for compliance. He stated that when Dennis Woodward, Public Works Director, contacted him, they applied for a notice of intent with LDEQ in 2013. They gave them five years to get this implemented. It is quite a bit of work REGULAR MEETING FEBRUARY 12, 2018
to get implemented. They contacted the RAPC and saw that there is a need for an ordinance. The ordinance gives the outreach to let people know what is required when they start construction and there is different phases that you go through. That ordinance will cover everything from there septic fencing, litter, people washing out paint cans, concrete wash out, etc. Through these ordinances some municipalities charge a fee for someone coming in to build a new house. After visiting with RAPC, it was noted we will have to have trained inspectors. We looked at maybe instituting a fee for this, but we didn’t get too involved in that. This was given in 2013, Dennis contacted him in 2017 and this was supposed to be completed by this year. Mr. Lemmons stated they asked for an extension and received it from LDEQ. The ordinance that is being talked about is a work in progress.
Mr. Dennis Woodward stated he had passed out a letter he received in November, 2017. The letter was to do a self-assessment and they gave thirty days but we got an extension on that, but they are requesting information like public education and construction sites, these are the things we are supposed to be making improvements in. It shows we will have penalties, if we don’t do all this, up to $37,500 a day.
Mr. Bubba Moreau questioned what the extension period was, to which Mr. Lemmons stated it was open, just let them know we are working through this and trying to get an ordinance done. As long as we have a working relationship with them and call them every thirty days or so, give them our progress, they pretty much left it open. We are fast tracking and RAPC has been meeting with us.
Mr. Matt Johns, RAPC Director, stated because they already go to the construction sites, the majority of those can be covered why they are doing the uniform construction code inspections. No extra cost, just a little extra time. They looked at doing this as cheap as possible.
Discussion ensued.
Mr. Lemmons stated that as it goes on, there will be “best management practices” in which we have six minimum control measures that they are going to inspect. Each year an annual report will have to be filed with LDEQ on the progress. This is not something that is going to go away. It is a self-assessment or self-audit that will be required. The six control measures are public, education outreach, public involvement, this will turn into an illicit discharge, detection and elimination. They will not be looking at anything urban. If they go through the City of Alexandria, Town of Ball, or any other entity that has a MS4, they will report to those entities. This is just rural.
Mr. Tom Wells questioned if it was mandated parish wide, to which Mr. Lemmons stated yes, it will be for the entire state. Whatever is not covered by the municipalities, it will be picked up by the Police Jury.
Mr. Wells questioned that the Police Jury does permits to discharged treatable removal into roadside ditches and would it affect that, to which Mr. Lemmons stated possibly.
Discussion ensued. REGULAR MEETING FEBRUARY 12, 2018
Mr. Ollie Overton questioned how far back we would have to go on subdivisions that are already established, to which Mr. Lemmons said they would be grandfathered in.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to authorize amending Rapides Disaster Recovery Alliance’s contract for engineering services for the CDBG-DR North Bank Grant Red River Levee Improvements Project, to increase fees by $20,845, associated with basic engineering, surveying and environmental delineations and permitting, and authorize the President to execute the amendment. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize amending the CDBG-DR Red River Levee North Bank Grant Levee Improvement Project scope and budget to align with the updated cost estimate for the project, and authorize the president to execute the amendment. The total grant funding included in the current project budget will remain the same, this project amendment only moves money between line items within the current project budget. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to authorize amending Frye Magee LLC’s contract for grant administration services for the CDBG-DR Red River Levee Recertification Project, to transfer $15,000 in grant administration fees from the Spanish Bayou Pump Station Project to the Pineville Utility Conflicts project, and authorize the President to execute the amendment. This amendment does not increase the total value for Frye Magee’s contract. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize amending the CDBG-DR Red River Levee Spanish Bayou Pump Station budget to reduce grant funding by $15,000 for administration fees associated with the project, and authorize the President to execute the amendment. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize amending the CDBG-DR Red River Levee Pineville Utility Conflict budget to add $15,000 of grant funding for administration fees associated with the project, and authorize the President to execute the amendment. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to add the following motions to the agenda, received after the Jury Meeting agenda was posted in compliance with the Public Meetings Law and are now confirmed as having been added to the agenda by unanimous vote:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Richard Billings On roll call vote the motion carried 8-0.
REGULAR MEETING
FEBRUARY 12, 2018
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to award Bid #2623–(Purchase Used Performance Stage) to Star Productions (lowest/sole bidder) for the bid amount of $84,353.00. Bid amount to be paid in three annual payments as recommended by the Purchasing Agent and Treasurer. On vote the motion carried.
There being no further business, motion by Mr. Craig Smith, seconded by Mr. Richard Vanderlick, the meeting was adjourned at 4:08 p.m.
Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.