Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
June 11, 2018 other
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Posted June 7, 2018
REGULAR SESSION
JUNE 11, 2018 3:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ANY AGENDA ITEM
JUROR COMMENTS
- Motion to adopt the minutes of the Rapides Parish Police Jury held in Special Session May 7, 2018 and Regular Session on May 14, 2018 as published in the Official Journal.
- Motion that approved bills be paid.
- Motion to accept the Treasurer’s Report. (Finance 6/4)
- Recognize and present plaques to the Oak Hill Rams Baseball Team for winning 2018 State Championship Title. (Mr. Billings)
- Recognize and present plaque to Coach Dobie Perkins, 2018 All-Cenla Coach. (Mr. Billings)
- Adopt millage rates for 2018. (Finance 6/4)
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JUNE 11, 2018
pg. 2
The following appointments were announced to be made at the next meeting: **Mr. Walter Warwick on the AICUZ Appeal Board for a three (3) year term. Term will expired June 8, 2018. **Mr. Tommy Milo on the AICUZ Appeal Board for a three (3) year term. Term will expire June 14, 2018. **Mr. Peter DeKeyser on the Fire District No. 2 Civil Service Board for a three (3) year term. Term will expire July 29, 2018. **Mr. Haywood Joiner, Jr. on the Housing Authority for a five (5) year term. Term will expire July 14, 2018. **Mr. Kenneth Wilson on the Waterworks District 11A for a five (5) year term. Term will expire July 13, 2018.
- Motion to adopt an ordinance providing for the levy within Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana, effective July 1, 2018, of a one-half of one percent (1/2%) sales and use tax upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and upon the sale of services in said District, providing for the assessment, collection, payment thereof and the dedication of the proceeds of said tax and the purpose for which the proceeds of the tax may be expended, such tax having been authorized at a special election held in the District on April 28, 2018. (Read in its entirety) (Finance 6/4)
- Motion to delete from the Rapides Parish Fire District No. 7 Asset/Inventory Program the following equipment as it is no longer suitable for public use: PURCHASE ASSET DESCRIPTION DATE DISPOSAL 10539 Laptop Computer 05/15/2009 Scrap–to be auctioned (Finance 6/4)
- Motion to adopt a resolution approving the issuance, sale and delivery of not exceeding $125,000 of Limited Tax Certificates of Fire Protection District No. 18 of the Parish of Rapides, State of Louisiana, and other matters relating thereto. (Finance 6/4)
REGULAR MEETING
JUNE 11, 2018
pg. 3
- Motion to authorize the removal from the Rapides Parish Library Asset/Inventory the following asset numbers, proper documentation has been signed and filed for a Reversionary Act of Donation: Asset Number Description 4971 Lot 2, Happy Hills Subdivision in S2 of NE4 & N2 of SE4 Section 2, T4NR1E (Carl N. Gunter Branch Library) 4965 Building – Carl Gunter Branch Library – corner of Mimosa and Highway 28 East (Finance 6/4)
- Motion to renew Cooperative Endeavor Agreement with the Louisiana Department of Revenue to perform joint sales and use tax audits as recommended by the Tax Administrator and the Assistant District Attorney. (Finance 6/4)
- Motion to amend and adopt the General Fund Budget by reducing the Rapides Parish District Attorney’s budget by $700,000. (Finance 6/4)
- Motion to accept the Public Works Director's Report. (Public Works 6/4)
- Motion to authorize a contract with Meyer, Meyer, LaCroix & Hixson, Inc. to obtain permits and develop plans, specifications, and right-of-way documents to make drainage improvements in the Ball Lane-Victoria Drive area (Ward 8, District I) and authorize the President to sign all the necessary documents as recommended by the Public Works Director. (Public Works 6/4)
- Motion to grant approval to Hickory Hill Estates, located at Ates Road, Pineville, as recommended by Rapides Area Planning Commission and Public Works Director, pending Legal Counsel review and authorize signing of the plat. (Public Works 6/4)
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JUNE 11, 2018
pg. 4
- Motion to authorize the Rapides Parish Highway Department to enter into an Intergovernmental Agreement with the Town of Ball, to overlay approximately three tenths (0.3) of Williford Road, to be paid out of Road District 10A Maintenance Funds, Town’s portion and authorize the President to sign same. (Workforce 6/4)
- Motion to authorize the President to sign the renewal of the One-Stop Operator Contract between the Rapides Parish Police Jury and Louisiana State University of Alexandria for an optional term of one (1) year from July 1, 2018 thru June 30, 2019. The Contract will be funded through the WIOA grant funds. (Workforce 6/4)
- Motion to enter into an Intergovernmental Agreement with the City of Pineville for the Rapides Parish Highway Department to install a tank car, on Greer Road, due to bridge being out with the City of Pineville to be responsible for securing any right-of-way or permits required and all cost to be reimbursed by the City of Pineville. (Workforce 6/4)
- Motion to enter into an agreement with the State of Louisiana, Governor’s Office of Homeland Security and Emergency Preparedness to receive Federally Funded Public Assistance for Tropical Storm Harvey (FEMA-DR4345-LA) and to authorize the President and Public Works Director to sign all the necessary documents. (Workforce 6/4)
- Motion to move forward on the discussion with Rapides Area Planning Commission for the lease of the Rapides Parish Police Jury Building located on Johnston Street. (Lawyer’s Building) (Grants 6/4)
- Motion to designate and name the Secretary as the Records Management Officer Liaison to act as liaison between the Division of Archives, Records Management and History and the Rapides Parish Police Jury for the period of July 1, 2018 and ending June 30, 2019. (Parochial 6/4)
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pg. 5
- Motion to name the "The Town Talk" as the Official Journal for one (1) year period ending June 30, 2019. (Parochial 6/4)
- Motion to enter into a cooperative endeavor with the LSU AgCenter to support and administer Louisiana Cooperative Units Off Campus for a three (3) year period beginning July 1, 2018 to June 30, 2021 in the amount of $54,502.00, add a non-appropriation clause and authorize the President to sign. (Parochial 6/4)
- Motion to enter into a polling place lease with Martin Park Elementary School for Voting Precinct C21 A-K and L-Z, as recommended by the Secretary of State and authorize the President to sign same. (Personnel 6/4)
- Motion to receive the required report from Acadian Ambulance under the Contract for April, 2018:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 553 80% 87.52 % Pineville - 8 minute 156 80% 84.62 % Rapides - 12 minute 217 80% 91.24 % Rapides- 20 minute 191 80% 80.63 % (Insurance 6/4)
- Motion to renew the contract between the Fire Protection District No. 4 and the Holiday Village Volunteer Fire Association to provide fire protection services for a ten (10) year period effective September 16, 2018 under the same terms and conditions as the previous contract and authorize the President to sign same. (Insurance 6/4)
- Motion to authorize the Rapides Parish Fire District No. 9 to accept the donation of a tract of land situated in the southwest Quarter of the Southwest Quarter of Section 26, T2N-R2E, Rapides Parish, Louisiana, said tract being more particularly described as follows:
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JUNE 11, 2018
pg. 6
Commence at a found iron rod being South 13 degrees 17 Minutes 13 seconds West, a distance of 71.43 feet from LA-1 centerline Station 47+49.66, as shown on the right of way map for State Project No. 052-08-0039, which said found iron rod is common with the apparent south right of way line for LA-1 and said found iron rod is also the POINT OF BEGINNING (POB) of the tract described herein. Thence follow along said LA-1 right of way the following calls: run South 68 degrees 51 minutes 44 seconds East, a distance of 139.30 feet to a found aluminum right of way cap; Thence run South 74 degrees 31 minutes 42 seconds East, a distance of 100.51 feet to a found aluminum right of way cap; thence run South 68 degrees 44 minutes 46 seconds East, a distance of 131.78 feet to a set iron rod. Thence leaving said LA-1 right of way, run south 21 degrees 15 minutes 14 seconds West, a distance of 90.83 feet to a set iron road and being common with the apparent north right of way line for Kansas City Southern Railroad. Thence follow along said Kansas City Southern Railroad right of way, run North 60 degrees 58 minutes 27 seconds West, a distance of 370.24 feet to a found iron rod. Thence leaving said Kansas City Southern Railroad right of way, run North 13 degrees 17 minutes 13 seconds East, a distance of 30.65 feet to the POINT OF BEGINNING (POB) and containing .51 acres, more or less, and being shown on a Certificate of Survey by Meyer, Meyer, Lacroix and Hixson Inc. dated May 16, 2018.
This is pending Legal Counsel review. (Insurance 6/4)
- Discuss Cleco Fire Protection. (Insurance 6/4)
- Motion to go into Executive Session to discuss and possibly take action on the pending litigation and tentative mediation with the Rapides Parish Police Jury, Travelers Insurance Company and Margaruette H. Beard. Civil Suit No. 255,911. (Parochial 6/4)
ROLL CALL VOTE TO GO INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Motion to come out of Executive Session REGULAR MEETING JUNE 11, 2018
pg. 7
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE
OF THE JURY BUT WERE POSTED ON THE AGENDA
AFTER THE COMMITTEE MEETING IN COMPLIANCE
WITH THE PUBLIC MEETINGS LAW AND ARE NOW
CONFIRMED AS HAVING BEEN INCLUDED IN THE
PUBLISHED AGENDA BY 2/3RD VOTE
- Motion to authorize the President to sign an Intergovernmental Agreement between the Rapides Parish Police Jury as Sub-Grantee, the City of Pineville, and the Rapides Area Planning Commission, as Project Manager for the 208 Davis Drive, Pineville Acquisition Project, funding to be from the Hazard Mitigation Grant Program (HMGP) DR-4263-LA, Project #4, Rapides Parish Acquisition Project. The 25% non-federal match to be provided by the homeowner. Pending legal counsel review. (Mr. Moreau)
- Motion to receive proposal from Civic Source concerning adjudicated property within the parish. (Mr. Bishop)
- Motion to authorize a contract with Lowe’s Construction, LLC to drive piling on the Price Road, at a cost of $6,100.00 mobilization and $4,600.00 per day, to be paid out of the Ward 5, District H Maintenance Funds and authorize the President to sign all the necessary documents, as recommended by the Public Works Director. (Mr. Billings)
- Motion to award RFP# 2659 for the operation of a coin operated Ice Machine, to be located at the Cotile Lake Recreation Park, as recommended by the Purchasing Agent and Treasurer. (Mr. Vanderlick)
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JUNE 11, 2018
pg. 8
- Motion to accept equipment donated by Gilchrist Construction Company, to Rapides Parish Fire District No. 18, as per listed below pending Legal Counsel approval: YEAR Make/Model Mileage 2006 International 7600 479,906 2006 International 7600 622,525 1973 Trim/Trailmobile Trailer N/A 1973 Trim/Trailmobile Trailer N/A (Mr. Overton)
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE
OF THE JURY AND WERE NOT POSTED ON THE AGENDA
BUT ARE NOW ADDED BY UNANIMOUS CONSENT
ADJOURNMENT
- In accordance with the Americans with Disabilities Act, if you need special assistance to attend this public meeting, ple ase contact the Police Jury Office at
June 11, 2018 other
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The Police Jury of the Parish of Rapides, State of Louisiana, met in Regular Session at its regular meeting place, the Police Jury Room of Monday, June 11, 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, Jr., Sean McGlothlin, Richard Billings and Scott Perry, Jr.
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 M cCain, Fire District No. 2; Ms. Linda Stewart, Registrar of Voters; Linda Sanders, Civil Service Director; Mr. Greg Jones, Legal Counsel and Ms. Laurel Smith, Secretary.
The invocation was given by Mr. Dobie Perkins.
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. Richard Vanderlick, seconded by Mr. Richard Billings, to adopt the minutes of the Rapides Parish Police Jury held in Special Session May 7, 2018 and Regular Session on May 14, 2018 as published in the Official Journal. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, that approved bills be paid. On vote the motion carried.
On motion by Mr. Richard Vanderlick, 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 and present plaques to the Oak Hill Rams Baseball Team for winning 2018 State Championship Title.
Mr. Richard Billings and Mr. Richard Vanderlick presented plaques to the Oak Hill Rams Baseball Team.
The next item on the agenda was to recognize and present a plaque to Coach Dobie Perkins, 2018 All-Cenla Coach.
REGULAR MEETING
JUNE 11, 2018
Mr. Billings and Mr. Vanderlick presented Coach Perkins a plaque.
On motion by Mr. Joe Bishop, seconded by Mr. Scott Perry, that the millage rates for 2018 are hereby adopted as follows:
General Alimony 4.04 Exempted Municipalities 2.02 Fire Protection District No. 2 15.58 Fire Protection District No. 2 Service Area 1 16.31 Fire Protection District No. 3 22.57 Fire Protection District No. 4 15.34 Fire Protection District No. 5 41.66 Fire Protection District No. 6 20.02 Fire Protection District No. 7 Maintenance A 26.04 Fire Protection District No. 7 Maintenance B 14.26 Fire Protection District No. 8 44.28 Fire Protection District No. 9 24.02 Fire Protection District No. 10 Maintenance A 22.59 Fire Protection District No. 10 Maintenance B 29.11 Fire Protection District No. 11 37.77 Fire Protection District No. 11 Service Area 1 53.72 Fire Protection District No. 11 Service Area 2 52.76 Fire Protection District No. 14 21.93 Fire Protection District No. 15 25.00 Fire Protection District No. 16 15.00 Fire Protection District No. 19 25.00 Road District 1A 25.03 Road District 1B 15.00 Road District 2C 25.00 Road District 3A 32.00 Road District 6A Maintenance A 27.92 Road District 6A Maintenance B 63.07 Road District 7A 5.56 Road District 9B 10.98 Road District 10A 10.04 Road District 36 10.77 Renaissance 2.06 Coliseum Maintenance 1.00 Coliseum Bond 2.55 Health Unit 1.06 Libraries - Parishwide 7.08 Buckeye Recreation District 6.09 Senior Citizens Services 1.06 On vote the motion carried.
The following appointments were announced to be made at the next meeting: **Mr. Walter Warwick on the AICUZ Appeal Board for a three (3) year term. Term expired June 8, 2018. **Mr. Tommy Milo on the AICUZ Appeal Board for a three (3) year term. Term will expire June 14, 2018. REGULAR MEETING JUNE 11, 2018
**Mr. Peter DeKeyser on the Fire District No. 2 Civil Service Board for a three (3) year term. Term will expire July 29, 2018. **Mr. Haywood Joiner, Jr. on the Housing Authority for a five (5) year term. Term will expire July 14, 2018. **Mr. Kenneth Wilson on the Waterworks District 11A for a five (5) year term. Term will expire July 13, 2018.
The following ordinance was offered for adoption by Mr. Ollie Overton and seconded by Mr. Richard Vanderlick:
ORDINANCE
An ordinance providing for the levy within Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana, effective July 1, 2018, of a one -half of one pe rcent (1/2%) sales and use tax upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and upon the sale of services in said District, providing for the assessment, colle ction, payment thereof and the dedication of the proceeds of said tax and the purpose for which the proceeds of the tax may be expended, such tax having been authorized at a special election held in the District on April 28, 2018.
WHEREAS, under the provisions of Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority and an election held on April 28, 2018, Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana (the "District"), acting through the Police Jury of the Parish of Rapides, State of Louisiana, as its governing authority (the "Governing Authority"), is authorized to levy and collect within the District from and after July 1, 2018, a one-half of one percent (1/2%) sales and use tax (the “Tax”) upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and upon the sale of services as defined in applicable statutory authority, pursuant to the following proposition which was approved at said election held on April 28, 2018:
PROPOSITION
(SALES TAX)
Shall Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana (the “District”), be authori zed to levy and collect a tax of one -half of one percent (½%) (the “Tax”) upon the sale at retail, the use, the lease or rental, the consumption and the storage for use or consumption, of tangible personal property and on sales of services in the District, all as defined by law (an estimated $90,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), in perpetuity, commencing July 1, 2018, with the avails and proceeds of the Tax (after paying reasonable and necessary costs and expenses of collecting and administering the Tax) to be dedicated and used for the purpose of acquiring, constructing, REGULAR MEETING JUNE 11, 2018
maintaining and/or operating fire protection and emergency medical service facilities, vehicles and equipment, including both movable and immovable property, and including paying the cost of obtaining water for fire protection purposes and further, shall the District be authorized to fund proceeds of the Tax into bonds?
WHEREAS, in compliance with the aforesaid constitutional and statutory authority and said special election of April 28, 2018, it is the desire of this Governing Authority to provide for the levy and collection of the Tax and to provide for distribution of the proceeds thereof and other matters in connection therewith as hereinafter provided in this ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Police Jury of the Parish of Rapides, State of Louisiana (the “Governing Authority”), acting as the governing authority of Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana, that:
SECTION 1. Imposition. Pursuant to the authority of a special election held in the District on April 28, 2018, the Tax is hereby levied upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property, and upon the lease or rental of tangible personal property and on the sales of services in the District, as defined by law. The Uniform Local Sales Tax Code, as enacted by Act 73 of the 2003 Regular Session of the Louisiana Legislature and as it may be amended, shall apply in the assessment, collection, administration and enforcement of the Tax, the provisions of which are hereby incorporated by reference.
SECTION 2. Rate of Tax. The Tax is levied at the rate of one-half of one percent (1/2%) of the sales price of each item or article of tangible personal property when sold at retail in the District, the Tax to be computed on gross sales for the purpose of remitting the amount of tax due to the District, and to include each and every retail sale. The Tax is levied at the rate of one-half of one percent (1/2%) of the cost price of each item or article of tangible personal property when the same is not sold but is used, consumed, distributed, or stored for use or consumption in the District, provided there shall be no duplication of the Tax. The Tax is levied at the rate of one-half of one percent (1/2%) of the gross proceeds derived from the lease or rental of tangible personal property, as defined by law, where the lease or rental of such property is an established business, or part of an established business, or the same is incidental or germane to the said business, or of the monthly lease or rental price paid by lessee or rentee, or contracted or agreed to be paid by lessee or rentee to the owner of the tangible personal property. The Tax is levied at the rate of one-half of one percent (1/2%) of the amount paid or charged for taxable services, as defined by law, performed in the District.
SECTION 3. Effective Date. The Tax shall be effective on July 1, 2018.
SECTION 4. Term. The Tax shall remain in effect without limit as to term or duration.
SECTION 5. Purposes. The proceeds of the Tax shall be used for the REGULAR MEETING JUNE 11, 2018
purposes set forth in the proposition approved by the voters in the special election held in the District on April 28, 2018, authorizing the Tax, which proposition is set forth in the preamble hereto.
SECTION 6. Vendor’s Compensation. For the purpose of compensating the dealer in accounting for and remitting the Tax levied by this ordinance, each dealer shall be allowed one percent (1%) of the amount of Tax due and accounted for and remitted to the District’s collector in the form of a deduction in submitting its report and paying the amount due by the dealer, provided the amount due was not delinquent at the time of payment, and provided the amount of any credit claimed for taxes already paid to a wholesaler shall not be deducted in computing the commission allowed the dealer hereunder.
SECTION 7. Exclusions and Exemptions. The Governing Authority adopts none of the optional exclusions or exemptions allowed by State sales and use tax law, nor does this Governing Authority adopt any exclusions or exemptions authorized by legislation enacted under Article VI, Section 29 (D)(1) of the Constitution of the State of Louisiana of 1974. Included within the base of the Tax is every transaction, whether sales, use, lease or rental, consumption, storage or service, with no exclusions or exemptions except for those mandated upon political subdivisions by the Constitution or statutes of the State of Louisiana, including the Act.
SECTION 8. Interest on Unpaid Amount of Tax Due. As authorized by La. R.S. 47:337.69, the interest on unpaid amounts of the Tax which are due shall be at the rate of one and one-fourth percent (1-¼%) per month.
SECTION 9. Delinquency Penalty. The delinquency penalty, as provided by La. R.S. 47:337.70, shall be five percent (5%) per month on the unpaid amount of the Tax due for each thirty-day period, not to exceed five thirty-day periods.
SECTION 10. Penalty for False, Fraudulent or Grossly Incorrect Return. The penalty as authorized by La. R.S. 47:337.72 shall be fifty percent (50%) of the amount of the Tax found to be due.
SECTION 11. Negligence Penalty. The penalty as authorized by La. R.S. 47:337.73 shall be five percent (5%) of the unpaid amount of the Tax found to be due, or ten dollars ($10.00), whichever is greater.
SECTION 12. Penalty for Insufficient Funds Check. The penalty as authorized by La. R.S. 47:337.74 shall be an amount equal to the greater of one percent (1%) of the check or twenty dollars ($20.00).
SECTION 13. Attorney Fees. The collector is authorized to employ private counsel to assist in the collection of any taxes, penalties or interest due under this ordinance, or to represent him in any proceeding under this ordinance. If any taxes, penalties or interest due under this ordinance are referred to an attorney at law for collection, an additional charge of attorney fees, in the amount of ten per centum (10%) of the taxes, penalties and interest due, shall be paid by the tax debtor. REGULAR MEETING JUNE 11, 2018
SECTION 14. Penalty for Costs Incurred. As provided by R.S. 47:337.75, and under the circumstances set forth therein, a penalty shall be added to the amount of Tax due in an amount as itemized by the Collector to compensate for all costs incurred in making an examination of books, records or documents, or an audit thereof, or in the holding of hearings or the subpoenaing and compensating of witnesses.
SECTION 15. Distraint Penalty. The penalty as provided by R.S. 47:337.76 in cases where the distraint procedure is used in the collection of the Tax shall be ten dollars ($10.00).
SECTION 16. Limits on Interest, Penalty and Attorney Fees. Should the interest, penalties or attorney fees herein, or the combined interest, penalties and attorney fees be declared to be in excess of limits provided by other law, including relevant jurisprudence, then the maximum interest, penalties and attorney fees allowed by such other law shall apply.
SECTION 18. Collector. The Tax levied by this ordinance is authorized to be collected by a "Collector" which term shall mean the Rapides Parish Sales and Use Tax Collector.
SECTION 18. Powers of Collector. The Collector is hereby authorized, empowered and directed to carry into effect the provisions of this ordinance, to appoint deputies, assistants or agents to assist it in the performance of its duties, and in pursuance thereof to make and enforce such rules as it may deem necessary.
SECTION 19. Agreement to Collect Tax on Vehicles. With regard to the collection of the Tax on any motor vehicle, automobile, truck, truck-trailer, trailer, semi-trailer, motor bus, home trailer, or any other vehicle subject to the vehicle registration license Tax, this Governing Authority, acting on behalf of the District, is authorized to enter into an agreement or agreements with the Vehicle Commissioner, Department of Public Safety and Corrections, for the collection of the Tax on such vehicles, as provided by R.S.47:303(B).
SECTION 20. Revenues of Tax. All taxes, revenues, funds, assessments, moneys, penalties, fees or other income which may be collected or come into the possession of the Collector under any provision or provisions of this ordinance relating to the Tax shall be promptly deposited by the Collector for the account of the District in the special funds heretofore established and maintained for the deposit of such proceeds, which fund shall be a separate bank account established and maintained with the regularly designated fiscal agent of the District , provided, however, any amount which is paid under protest or which is subject to litigation may be transferred to a separate account established by the Collector with said fiscal agent pending the final determination of the protest or litigation.
In compliance with the said special election of April 28, 2018, authorizing the Tax, after all reasonable and necessary costs and expenses of collecting and administration of the Tax have been paid as provided for above, the remaining balance in said special fund shall be available for appropriation and expenditures REGULAR MEETING JUNE 11, 2018
by the Governing Authority solely for the purposes designated in the applicable proposition authorizing the levy of the Tax.
SECTION 21. Severability. If any or more of the provisions of this ordinance shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this ordinance, but this ordinance shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. Any constitutional or statutory provision enacted after the date of this ordinance which validates or makes legal any provision of this ordinance which would not otherwise be valid or legal, shall be deemed to apply to this ordinance.
SECTION 22. Effective Date. This ordinance shall be in full force and effect immediately upon its adoption, being an ordinance affecting the public peace, health and safety.
SECTION 23. Publication and Recordation. This ordinance shall be published in one issue of the official journal of this Governing Authority as soon as is reasonably possible. A certified copy of this ordinance shall be recorded in the mortgage records of the Parish of Rapides, State of Louisiana.
The final adoption of the foregoing ordinance having been duly moved and seconded, the roll was called and the following vote was taken and recorded:
YEAS: Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Jr., Sean McGlothlin, Richard Billings, Scott Perry, Jr., Richard Vanderlick and Davron “Bubba” Moreau NAYS: None ABSENT: None And the ordinance was declared adopted on this, the 11th day of June, 2018.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to delete from the Rapides Parish Fire District No. 7 Asset/Inventory Program the following equipment as it is no longer suitable for public use: PURCHASE ASSET DESCRIPTION DATE DISPOSAL 10539 Laptop Computer 05/15/2009 Scrap–to be auctioned On vote the motion carried.
The following resolution was offered by Mr. Ollie Overton and seconded by Mr. Richard Vanderlick: RESOLUTION A resolution approving the issuance, sale and delivery of not exceeding $125,000 of Limited Tax Certificates of Fire Protection District No. 18 of the Parish of Rapides, State of Louisiana, and other matters relating thereto.
WHEREAS, the Board of Commissioners of Fire Protection District No. 18 of the Parish of Rapides, State of Louisiana (the "Issuer"), by resolution adopted on May 21, 2018, proposes to issue not exceeding $125,000 of Limited Tax REGULAR MEETING JUNE 11, 2018
Certificates (the "Certificates"). The Certificates will bear interest at a rate of not exceeding six percent per centum (6%) per annum and shall mature not later than three (3) years from the date thereof. The Certificates will be issued for the purpose of acquiring and constructing fire protection and emergency medical service facilities, vehicles and equipment, and paying the costs of issuance of the Certificates. The Certificates will be issued under the authority of Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.
WHEREAS, it is now the desire of the Police Jury of the Parish of Rapides, State of Louisiana, to approve the issuance of the Certificates;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Parish of Rapides, State of Louisiana, that:
SECTION 1. In compliance with the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and in accordance with the request of the Board of Commissioners of the Issuer, this Police Jury hereby approves the issuance and sale of not exceeding $125,000 of Limited Tax Certificates, said Certificates to be issued under the authority and for the purposes stated in the preamble hereto.
SECTION 2. Neither the Parish nor this Police Jury shall be liable in any manner for the payment of the Certificates. This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Jr., Sean McGlothlin, Richard Billings, Scott Perry, Jr., Richard Vanderlick and Davron “Bubba” Moreau NAYS: None ABSENT: None And the resolution was declared adopted on this, the 11th day of June, 2018.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to authorize the removal from the Rapides Parish Library Asset/Inventory the following asset numbers, proper documentation has been signed and filed for a Reversionary Act of Donation: Asset Number Description 4971 Lot 2, Happy Hills Subdivision in S2 of NE4 & N2 of SE4 Section 2, T4NR1E (Carl N. Gunter Branch Library) 4965 Building – Carl Gunter Branch Library – corner of Mimosa and Highway 28 East On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to renew Cooperative Endeavor Agreement with the Louisiana Department of Revenue to perform joint sales and use tax audits as recommended by the Tax Administrator and the Assistant District Attorney. On vote the motion carried.
REGULAR MEETING
JUNE 11, 2018
On motion by Mr. Theodore Fountaine, seconded by Mr. Richard Vanderlick, to amend and adopt the General Fund Budget, by reducing the Rapides Parish District Attorney’s budget by $700,000. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Vanderlick, to accept the Public Works Director's Report. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to authorize a contract with Meyer, Meyer, LaCroix & Hixson, Inc. to obtain permits and develop plans, specifications, and right-of-way documents to make drainage improvements in the Ball Lane-Victoria Drive area (Ward 8, District I) and authorize the President to sign all the necessary documents as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Vanderlick, to grant approval to Hickory Hill Estates, located at Ates Road, Pineville, as recommended by Rapides Area Planning Commission and Public Works Director, pending Legal Counsel review and authorize signing of the plat. On vote the motion carried.
Mr. Greg Jones, Legal Counsel, stated there was one correction that was made on the plat and Matt Johns, Rapides Area Planning Commission Director has delivered the documents and he would accept the motion, subject to his approval.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to authorize the Rapides Parish Highway Department to enter into an Intergovernmental Agreement with the Town of Ball, to overlay approximately three tenths (0.3) of Williford Road, to be paid out of Road District 10A Maintenance Funds, Town’s portion and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Billings, to authorize the President to sign the renewal of the One-Stop Operator Contract between the Rapides Parish Police Jury and Louisiana State University of Alexandria for an optional term of one (1) year from July 1, 2018 thru June 30, 2019. The Contract will be funded through the WIOA grant funds. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to enter into an Intergovernmental Agreement with the City of Pineville for the Rapides Parish Highway Department to install a tank car, on Greer Road, due to bridge being out with the City of Pineville to be responsible for securing any right-of-way or permits required and all cost to be reimbursed by the City of Pineville. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to enter into an agreement with the State of Louisiana, Governor’s Office of Homeland Security and Emergency Preparedness to receive Federally Funded Public Assistance for Tropical Storm Harvey (FEMA-DR-4345-LA) and to authorize the President and Public Works Director to sign all the necessary documents. On vote REGULAR MEETING JUNE 11, 2018
the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Scott Perry, to move forward on the discussion with Rapides Area Planning Commission for the lease of the Rapides Parish Police Jury Building located on Johnston Street. (Lawyer’s Building). On vote the motion carried.
Mr. Richard Billings questioned if they would be bringing the lease agreement back before the Jury before it’s approved, to which Mr. Greg Jones, Legal Counsel stated, that RAPC would gather their proposal together, which is the construction, lease, terms, etc, which will take about sixty (60) days to put together, but it will all be brought before the Jury for final approval.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to designate and name the Secretary as the Records Management Officer Liaison to act as liaison between the Division of Archives, Records Management and History and the Rapides Parish Police Jury for the period of July 1, 2018 and ending June 30, 2019. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to name the "The Town Talk" as the Official Journal for one (1) year period ending June 30, 2019. On vote the motion carried. Mr. Richard Billings voted nay.
On motion by Mr. Joe Bishop, seconded by Mr. Sean McGlothlin, to enter into a Cooperative Endeavor with the LSU AgCenter to support and administer Louisiana Cooperative Units off Campus for a three (3) year period beginning July 1, 2018 to June 30, 2021 in the amount of $54,502.00, add a non-appropriation clause and authorize the President to sign. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to enter into a polling place lease with Martin Park Elementary School for Voting Precinct C21 A-K and L-Z, as recommended by the Secretary of State and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to receive the required report from Acadian Ambulance under the Contract for April, 2018: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 553 80% 87.52 % Pineville - 8 minute 156 80% 84.62 % Rapides - 12 minute 217 80% 91.24 % Rapides- 20 minute 191 80% 80.63 % On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to renew the contract between the Fire Protection District No. 4 and the Holiday Village Volunteer Fire Association to provide fire protection services for a ten (10) year period effective September 16, 2018 under the same terms and conditions as the previous contract and authorize the President to sign same. On vote the motion REGULAR MEETING JUNE 11, 2018
carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to authorize the Rapides Parish Fire District No. 9 to accept the donation of a tract of land situated in the southwest Quarter of the Southwest Quarter of Section 26, T2N-R2E, Rapides Parish, Louisiana, said tract being more particularly described as follows:
Commence at a found iron rod being South 13 degrees 17 Minutes 13 seconds West, a distance of 71.43 feet from LA -1 centerline Station 47+49.66, as shown on the right of way map for State Project No. 052 -08-0039, which said found iron rod is common with the apparent south right of way line for LA -1 and said found iron rod is also the POINT OF BEGINNING (POB) of the tract described herein. Thence follow along said LA-1 right of way the following calls: run South 68 degrees 51 minutes 44 seconds East, a distance of 139.30 feet to a found aluminum right of way cap; Thence run South 74 degrees 31 minutes 42 seconds East, a distance of 100.51 feet to a found aluminum right of way cap; thence run South 68 degrees 44 minutes 46 se conds East, a distance of 131.78 feet to a set iron rod. Thence leaving said LA -1 right of way, run south 21 degrees 15 minutes 14 seconds West, a distance of 90.83 feet to a set iron road and being common with the apparent north right of way line for Kan sas City Southern Railroad. Thence follow along said Kansas City Southern Railroad right of way, run North 60 degrees 58 minutes 27 seconds West, a distance of 370.24 feet to a found iron rod. Thence leaving said Kansas City Southern Railroad right of way, run North 13 degrees 17 minutes 13 seconds East, a distance of 30.65 feet to the POINT OF BEGINNING (POB) and containing .51 acres, more or less, and being shown on a Certificate of Survey by Meyer, Meyer, Lacroix and Hixson Inc. dated May 16, 2018.
This is pending Legal Counsel review. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to lay over for thirty (30) days the discussion of the Cleco Fire Protection. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, that the following items were not considered by the Committee of the Jury but were posted on the agenda after the Committee Meeting and added to the Jury agenda in compliance with the Public Meetings Law and are now confirmed as having been added to the agenda by two-thirds vote:
YEAS: Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr., Richard Vanderlick and Davron “Bubba” Moreau REGULAR MEETING JUNE 11, 2018
NAYS: none ABSENT: none On roll call vote the motion carried 9-0.
On motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to authorize the President to sign an Intergovernmental Agreement between the Rapides Parish Police Jury as Sub-Grantee, the City of Pineville, and the Rapides Area Planning Commission, as Project Manager for the 208 Davis Drive, Pineville Acquisition Project, funding to be from the Hazard Mitigation Grant Program (HMGP) DR4263-LA, Project #4, Rapides Parish Acquisition Project. The 25% non-federal match to be provided by the homeowner. Pending legal counsel review.
Mr. Greg Jones, Legal Counsel, noted that this was pending Legal Counsels review and he had talked to Mr. Matt Johns and they are still waiting on the document for review. He had no problem with the approval, subject to legal counsel review.
On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Sean McGlothlin, to receive a proposal from Civic Source, concerning adjudicated property within the parish.
The President recognized Mr. Stephen Morel with CivicSource. Mr. Morel explained that CivicSource has been working with Louisiana Government Authorities for the last ten (10) years. This started in New Orleans in 2008, when Hurricane Katrina hit New Orleans. Most recently, they were engaged by Sheriff William Earl Hilton, Rapides Parish Sheriff’s Office, to help the Sheriff with their annual tax sales. After three years of the failed tax sale, the Parish under State law, has the authority to place that property up at a public auction to attempt to recoup those taxes. Public auctions are the best way to go. Mr. Morel further stated they have developed a program to give Police Juries of Louisiana the resources that are necessary to get these titles cleared. The number one goal of this program is to get these properties off the tax books and adjudicated roll and get it in the hands of responsible owners. Mr. Morel further explained the process for adjudicated properties up for auction with CivicSource and also being able to obtain a clear title.
Discussion, questions and answers ensued.
Mr. Greg Jones stated one of the biggest restrictions we have locally, on this adjudicated property, whether it’s commercial or residential, is putting it back in commerce. There is not a title insurance company that will write that now. If you go to finance the purchase or new construction on that property, you have to do it on your own, because the banks won’t finance due to not being able to get a title insurance certificate. In looking at the proposal CivicSource had, that’s one of the most advantageous things that they offer.
Mr. Morel stated the banks are looking for protection. Banks don’t want to lose, they want to have good sound investments in lending this money to a purchaser. What they get to protect themselves is title insurance.
REGULAR MEETING
JUNE 11, 2018
Discussion ensued.
On motion by Mr. Joe Bishop, seconded by Mr. Sean McGlothlin, to authorize Mr. Greg Jones, Legal Counsel to meet with CivicSource and gather information and bring back a report at the July Committee meeting. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Theodore Fountaine, to authorize a contract with Lowe’s Construction, LLC to drive piling on the Price Road, at a cost of $6,100.00 mobilization and $4,600.00 per day, to be paid out of the Ward 5, District H Maintenance Funds and authorize the President to sign all the necessary documents, as recommended by the Public Works Director.
Mr. Richard Billings questioned Mr. Dennis Woodward, Public Works Director, as to how many hours a day were they planning on working, to which Mr. Woodward stated typically they would work eight hour days. Mr. Billings stated how many hours are they actually going to work and what about mechanical problems and weather related delays. He further stated he didn’t want to come up all of a sudden and spend a lot of money and the job not be through. Mr. Billings requested that be put in the motion.
Mr. Greg Jones, Legal Counsel questioned if Mr. Billings was wanting to put a cap on the project, to which Mr. Billings stated this was going to be close to $100,000.00, but he didn’t want to get half way through and the $100,000.00 be ate up by either mechanical problems or weather related problems.
Mr. Greg Jones suggested a cap on the amount and time.
Amendment to the motion by Mr. Richard Billings, seconded by Mr. Theodore Fountaine, to amend the motion with a cap on the amount of the work to $98,100.00 and to work eight hour days. On vote the amended motion carried.
Mr. Richard Billings requested Mr. Greg Jones get with Mr. Dennis Woodward and go over the contract.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to accept equipment donated by Gilchrist Construction Company, to Rapides Parish Fire District No. 18, as per listed below pending Legal Counsel approval: YEAR Make/Model Mileage 2006 International 7600 479,906 2006 International 7600 622,525 1973 Trim/Trail mobileTrailer N/A 1973 Trim/Trail mobileTrailer N/A On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to go into Executive Session to discuss and possibly take action on the pending litigation and tentative mediation with the Rapides Parish Police Jury, Travelers Insurance Company and Margaruette H. Beard. Civil Suit No. 255,911. Roll call was as follows: REGULAR MEETING JUNE 11, 2018
YEAS: Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr., Richard Vanderlick and Davron “Bubba” Moreau NAYS: none ABSENT: none On roll call vote the motion carried unanimously at 3:57 p.m.
EXECUTIVE SESSION
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to come out of Executive Session at 4:12 p.m.
There being no further business, motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, the meeting was adjourned at 4:12 p.m.
Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.