Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
February 11, 2019 other
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pg. 1
Police Jury Meeting Room 2nd Floor, Parish Courthouse
Posted February 7, 2019
REGULAR SESSION
FEBRUARY 11, 2019 3:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ANY AGENDA ITEM
JUROR COMMENTS
- Motion to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on January 14, 2019 as published in the Official Journal.
- Motion that approved bills be paid.
- Motion to accept the Treasurer’s Report. (Finance 1/4)
- Recognize a representative from CivicSource for an update on adjudicated properties. (Mr. Overton)
APPOINTMENTS TO BE ANNOUNCED AT NEXT MEETING
Appointment to the Ward 10 Recreation District for the expiring term of Mr. Mike Nelson for a five (5) year term. Term expired January 12, 2019.
- Motion to amend 2019 budgets to reflect actual carry in. (Finance 2/4) REGULAR MEETING FEBRUARY 11, 2019
pg. 2
- Motion to rescind a certain motion of August 13, 2018, to purchase a 2018 Dodge Ram Truck off State Contract, for Rapides Parish Fire District No. 5. The Fire Department and the Vendor have agreed to cancel this purchase. Purchase Order No. 49482. (Finance 2/4)
- Motion to delete from the Rapides Parish Fire District No. 4 Asset/Inventory the following equipment as surplus, to be donated to a neighboring fire department: Asset Number Description Disposal 8104 1992 Ford Engine Donation (Finance 2/4)
- Motion to delete from the Rapides Parish Fire District No. 17 Asset/Inventory list, the following equipment, declare it as surplus and place in an upcoming auction: Asset Number Description Disposal 11375 1983 Ford Fire Truck To Be Auctioned VIN# 1FDXF70H6DVA39532 11374 1972 Crown Fire Truck To Be Auctioned VIN# 10215466 (Finance 2/4)
- Motion to delete from the Rapides Parish Fire District No. 6 Asset/Inventory list the following vehicles, declare them as surplus and place in the next upcoming auction: Asset Number Description Disposal 9669 1990 Ford Pickup To Be Auctioned VIN #1FTHXX26MXLKA56721 11218 1992 Ford F450 To Be Auctioned VIN #2FDLF47M6NCB00420 Old Fire District #4 - Asset #6324 10282 1993 Dodge 3/4Ton 9300 To Be Auctioned VIN #3BLKE23CXPM125588 (Finance 2/4)
- Motion to delete from the Rapides Parish Police Jury Asset/Inventory, Finance Department, the following equipment listed below as it is no longer suitable for public use: Asset Number Description Disposal 11186 HP Proliant ML310E–Server To be auctioned (Finance 2/4)
REGULAR MEETING
FEBRUARY 11, 2019
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- Motion 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) (Finance 2/4)
- Motion to procure the services of Steve Fontenot, Engineer to begin the design of a building addition project, for Rapides Parish Fire District No. Board of Directors. (Finance 2/4)
- Motion to implement a certification incentive pay plan for Rapides Parish Fire District No. 3 part-time employees for the following IFSAC, Pro Board or LSU Certifications: Firefighter II, Instructor I, Instructor II, Fire Officer I, Fire Officer II, Public Educator I, Apparatus D/O Pumper, Apparatus D/O Aerial, Inspector I, Fire Investigator, Airport Firefighter, Rope Rescue Tech, Confined Space Tech, Hazardous Materials Technician. Incentive Pay will be .25 cents per certification, per hour, as recommended by Fire Chief David Corley and Alpine Volunteer Fire Department Board of Directors, to be effective February 17. 2019. (Finance 2/4)
- Motion to create and hire a full time Fire Training and Safety Officer for Fire District No. 3, as requested by Fire Chief David Corley and Alpine Volunteer Fire Department Board of Directors and authorize the President to sign the necessary documents. (Finance 2/4)
- Motion to direct Legal Counsel to take necessary steps to obtain 0.89 acres of property behind Alpine Volunteer Fire Department, Station No. 1, located Department Board of Directors and authorize the President to sign the necessary documents. (Finance 2/4)
- Motion to authorize the purchase of a Brush Truck for Rapides Parish Fire District No. 8, off State Contract No. 4400010201, as recommended by the Cotile Board of Directors and the Purchasing Agent. (Finance 2/4)
REGULAR MEETING
FEBRUARY 11, 2019
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- Motion to award Bid No. 2699 – Renovations to the Fireside/Munsterman/Gist Building, to Pat Williams Construction, for the amount of $408,800.00, including the base bid and the alternate, as recommended by the Project Architect and Purchasing Agent. (Finance 2/4)
- Motion to donate from the Rapides Parish Fire District No. 4 to the Grant Parish Fire District No. 5, the equipment listed below, pending proper paperwork. Grant Parish Fire District No. 5 is a Mutual Aid Department with Rapides Parish Fire District No. 4. Asset Number Description 8104 1992 Ford Engine (Finance 2/4)
- Motion to remove Davron Moreau as authorized representative on all accounts at Chase Bank and add Laurel Smith, Parish Secretary, as authorized representative to all accounts at Chase Bank. (Finance 2/4)
- Motion to delete from the Rapides Parish Highway Department the following assets as they are no longer suitable for public use and authorize them to be placed for auction: Asset Number Description Disposal 7728 Kelly Creswell Co. To be Auctioned Striping Machine 8581 Jackhammer To be Auctioned 2947 Linsey Air Compressor To be Auctioned Model # 80R 6123 Aeriol Tar Pot & Burner To be Auctioned 8 Pots and Boxes of Tar 9244 Alamo 5 Foot Bush Hog To be Auctioned Cutter 5200 John Deere Tractor To be Auctioned 10098 2006 Ford E350 Van To be Auctioned 9433 Ford F450 Super To be Auctioned Duty XL (Finance 2/4)
- Motion to authorize to advertise for bids for the following annual contract, bituminous material (hot and cold mix) to be paid from Road and Bridge Funds and various maintenance funds, as recommended by the Public Works Director and Purchasing Agent. (Finance 2/4) REGULAR MEETING FEBRUARY 11, 2019
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- Motion to accept the Public Works Director's Report. (Public Works 2/4)
- Motion to authorize the Cleco Corporation to temporarily close down Ball Lane between Bayou Rapides Road and Blue Bonnet Street from 7:00 am to 5:00 pm daily for up to five days due to work being performed by Cleco on the Ball Lane Substation. (Public Works 2/4)
- Motion to adopt a resolution that any expenditures for equipment and maintenance over $5,000.00, at the Rapides Parish Highway Department, has to be brought before the Rapides Parish Police Jury for approval, except in the case of an emergency and the Chairman and President be authorized to approve the decision. (Public Works 2/4)
70656, District H, as a Hardship Case. (Pending proper paperwork) (Public Works 2/4)
- Receive report from Mr. Greg Jones, Legal Counsel on garbage and litter on the roads in Rapides Parish and possibly adopt a resolution for enforcement. (Public Works 2/4)
- Motion to grant approval to Hidden Oaks – Phase II Credeur & Philadelphia Road, Deville, as recommended by the Rapides Area Planning Commission, pending approval of Public Works Director and Legal Counsel, and authorize signing of the plat. (Public Works 2/4)
- Motion to lease a portion of the property behind the Rapides Parish Coliseum to AT&T Mobility Corporation to construct a cell tower and the President to sign a five (5) year lease agreement with monthly payments to the Rapides Parish Police Jury. (Coliseum 2/4)
REGULAR MEETING
FEBRUARY 11, 2019
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- Motion to authorize the President to sign a letter to the Louisiana Public Service Commission that the Rapides Parish Police Jury is in support of the rate reduction and refunds for the citizens of Rapides Parish and other Parishes served by Cleco. (Parochial 2/4)
- Motion to approve settlement of Civil Lawsuit: LAWRENCE EARL BROWNFIELD AND JENNIFER DIXON BROWNFIELD (“Plaintiffs”) and RED RIVER, ATCHAFALAYA, AND BAYOU BOUEF LEVEE DISTRICT, ARCH INSURANCE COMPANY, and RAPIDES PARISH POLICE JURY(“Released Parties”), Civil Suit No. 256,396; 9th JDC, Rapides Parish; State of Louisiana. (Parochial 2/4)
- Motion to accept the resignation of Ms. Melanie Tole on the Tioga Heritage Museum District, waive the thirty (30) day announcement rule and appoint Ms. Hazel Johnson. (Terms have not been assigned) (Personnel 2/4)
- Motion to reappoint Mr. Linwood McCann, nominee of LSU-A, to the Fire District No. 7 Civil Service Board, for a three (3) year term. Term will expire February 7, 2022. (Personnel 2/4)
- Motion to receive the required report from Acadian Ambulance under the Contract for December, 2018: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 516 80% 88.18% Pineville - 8 minute 131 80% 80.92% Rapides - 12 minute 230 80% 86.09% Rapides - 20 minute 204 80% 83.33% (Insurance 2/4)
- Motion to adopt the Rapides Parish Emergency Operations Plan and authorize the Parish President and Rapides OHSEP Executive Director to sign the promulgation statement. (Insurance 2/4)
REGULAR MEETING
FEBRUARY 11, 2019
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 adopt a resolution in consideration of approving the issuance, sale and delivery of not exceeding $750,000 of Revenue Anticipation Notes of Gravity Drainage District No. 2 of the Parish of Rapides, State of Louisiana, and other matters relating thereto.” (Mr. Vanderlick)
- Motion to adopt a resolution giving preliminary approval to the issuance of not exceeding Six Hundred Fifty Thousand Dollars ($650,000) of Limited Tax Bonds of Sub-Road District No. 2 of Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana; providing certain terms of said Bonds; making application to the State Bond Commission for approval of said Bonds; providing for the employment of professionals in connection with the Bonds; and providing for other matters in connection therewith. (Mr. Smith)
- Motion to enter into an Intergovernmental Agreement with the Ward 10 Recreation District for the Rapides Parish Highway Department to provide labor and equipment to perform approximately ten (10 ) hours of hauling and spreading 610 base, to be paid out of Ward 10 Maintenance funds and authorize the President to sign same. (Mr. Moreau)
- Motion to authorize the Rapides Parish Highway Department to purchase a used pothole patcher, not to exceed $25,000.00. (Mr. Vanderlick)
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, please contact the Police Jury Office at
February 11, 2019 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, February 11, 2019, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Theodore Fountaine, Jr., President, Oliver “Ollie” Overton, Jr., Vice President and Police Jurors: Davron “Bubba” Moreau, Joe Bishop, Craig Smith, Richard Vanderlick, 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 McCain, Fire District No. 2; Ms. Sonya Wiley-Gremillion, OHSEP Director; Ms. Elaine Morace, WIA Operations Director; Ms. Linda Sanders, Civil Service Director; Mr. Greg Jones, Legal Counsel and Ms. Laurel Smith, Secretary.
The invocation was given by Mr. Dennis Woodward.
The Pledge of Allegiance was led by Mr. Ollie Overton.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Theodore Fountaine, Jr., 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. Scott Perry, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on January 14, 2019 as published in the Official Journal. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Joe Bishop, that approved bills be paid. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Scott Perry, to accept the Treasurer’s Report. On vote the motion carried.
The next item on the agenda was to recognize a representative from CivicSource for an update on adjudicated properties.
Ms. Madeline Durand with CivicSource, gave a brief presentation on the process of bidding and obtaining adjudicated property from Rapides Parish on their website.
APPOINTMENTS TO BE ANNOUNCED AT NEXT MEETING
Appointment to the Ward 10 Recreation District for the expiring term of Mr. Mike Nelson for a five (5) year term. Term expired January 12, 2019.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to waive the thirty (30) day announcement rule and reappoint Mr. Mike Nelson to the Ward 10 Recreation District, for a five year term. Term will expire January 12, 2024. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to amend 2019 budgets to reflect actual carry in. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Billings, to rescind a certain motion of August 13, 2018, to purchase a 2018 Dodge Ram Truck off State Contract, for Rapides Parish Fire District No. 5. The Fire Department and the Vendor have agreed to cancel this purchase. Purchase Order No. 49482. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to delete from the Rapides Parish Fire District No. 4 Asset/Inventory the following equipment as surplus, to be donated to a neighboring fire department: Asset Number Description Disposal 8104 1992 Ford Engine Donation On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to delete from the Rapides Parish Fire District No. 17 Asset/Inventory list, the following equipment, declare it as surplus and place in an upcoming auction: Asset Number Description Disposal 11375 1983 Ford Fire Truck To Be Auctioned VIN# 1FDXF70H6DVA39532 11374 1972 Crown Fire Truck To Be Auctioned VIN# 10215466 On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to delete from the Rapides Parish Fire District No. 6 Asset/Inventory list the following vehicles, declare them as surplus and place in the next upcoming auction: Asset Number Description Disposal 9669 1990 Ford Pickup To Be Auctioned VIN #1FTHXX26MXLKA56721 11218 1992 Ford F450 To Be Auctioned VIN #2FDLF47M6NCB00420 Old Fire District #4 - Asset #6324 10282 1993 Dodge 3/4Ton 9300 To Be Auctioned VIN #3BLKE23CXPM125588 On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to delete from the Rapides Parish Police Jury Asset/Inventory, Finance Department, the following equipment listed below as it is no longer suitable for public use:
Asset Number Description Disposal 11186 HP Proliant ML310E–Server To be auctioned 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. Richard Billings, seconded by Mr. Ollie Overton, to procure the services of Steve Fontenot, Engineer to begin the design of a building addition project, for Rapides Parish Fire District No. 8, Station No. 1, 55 Parker Road, Boyce, LA as requested by the Cotile Board of Directors. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to implement a certification incentive pay plan for Rapides Parish Fire District No. 3 part-time employees for the following IFSAC, Pro Board or LSU Certifications: Firefighter II, Instructor I, Instructor II, Fire Officer I, Fire Officer II, Public Educator I, Apparatus D/O Pumper, Apparatus D/O Aerial, Inspector I, Fire Investigator, Airport Firefighter, Rope Rescue Tech, Confined Space Tech, Hazardous Materials Technician. Incentive Pay will be .25 cents per certification, per hour, as recommended by Fire Chief David Corley and Alpine Volunteer Fire Department Board of Directors, to be effective February 17. 2019. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Scott Perry, to create and hire a full time Fire Training and Safety Officer for Fire District No. 3, as requested by Fire Chief David Corley and Alpine Volunteer Fire Department Board of Directors and authorize the President to sign the necessary documents. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to direct Legal Counsel to take necessary steps to obtain 0.89 acres of property behind Alpine Volunteer Fire Department, Station No. 1, located at 8056 Shreveport Highway, as requested by the Alpine Volunteer Fire Department Board of Directors and authorize the President to sign the necessary documents. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to authorize the purchase of a Brush Truck for Rapides Parish Fire District No. 8, off State Contract No. 4400010201, as recommended by the Cotile Board of Directors and the Purchasing Agent. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Scott Perry, to award Bid No. 2699 – Renovations to the Fireside/Munsterman/Gist Building, to Pat Williams Construction, for the amount of $408,800.00, including the base bid and the alternate, as recommended by the Project Architect and Purchasing Agent. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Scott Perry, to donate from the Rapides Parish Fire District No. 4 to the Grant Parish Fire District No. 5,
the equipment listed below, pending proper paperwork. Grant Parish Fire District No. 5 is a Mutual Aid Department with Rapides Parish Fire District No. 4. Asset Number Description 8104 1992 Ford Engine On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to remove Davron Moreau as authorized representative on all accounts at Chase Bank and add Laurel Smith, Parish Secretary, as authorized representative to all accounts at Chase Bank. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Craig Smith, to delete from the Rapides Parish Highway Department the following assets as they are no longer suitable for public use and authorize them to be placed for auction: Asset Number Description Disposal 7728 Kelly Creswell Co. To be Auctioned Striping Machine 8581 Jackhammer To be Auctioned 2947 Linsey Air Compressor To be Auctioned Model # 80R 6123 Aeriol Tar Pot & Burner To be Auctioned 8 Pots and Boxes of Tar 9244 Alamo 5 Foot Bush Hog To be Auctioned Cutter 5200 John Deere Tractor To be Auctioned 10098 2006 Ford E350 Van To be Auctioned 9433 Ford F450 Super To be Auctioned Duty XL On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to authorize to advertise for bids for the following annual contract, bituminous material (hot and cold mix) to be paid from Road and Bridge Funds and various maintenance funds, as recommended by the Public Works Director and Purchasing Agent. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Scott Perry, to accept the Public Works Director's Report. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to authorize the Cleco Corporation to temporarily close down Ball Lane between Bayou Rapides Road and Blue Bonnet Street from 7:00 am to 5:00 pm daily for up to five days due to work being performed by Cleco on the Ball Lane Substation. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to adopt a resolution that any expenditures for equipment and maintenance over $5,000.00, at the Rapides Parish Highway Department, has to be brought before the Rapides Parish Police Jury for approval, except in the case of an emergency and the Chairman and President be authorized to approve the decision. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Scott Perry, to authorize Mr. Farley Cloud, 13 Bill Mac Road, Pitkin, LA 70656, District H, as a Hardship Case. (Pending proper paperwork) On vote the motion carried.
The next item on the agenda was to receive a report from Mr. Greg Jones, Legal Counsel on garbage and litter on the roads in Rapides Parish and possibly adopt a resolution for enforcement.
Mr. Greg Jones, Legal Counsel, passed out R.S. 32:383 which prohibits a load on a vehicle from dropping, leaking or escaping onto the public highway. Section 2 requires garbage, refuse, sludge and other discarded material by a commercial hauler, shall be covered. The penalty for that is not more than $500.00 or imprisonment for not more than six (6) months. He recommended that you have the statute on the books and needs enforcement. Mr. Jones asked the Jury if they would consider adopting a resolution to the Louisiana State Police, Troop E Commander, wherein we can refer to the statutes that are already on the books. The resolution should also be sent to all the local commercial haulers to let them know that we are taking an interest in it. The municipalities can enforce this also if they have adopted the same statutes as the municipal ordinance or they have adopted all of Title 32. They can enforce it and run it through their mayo r or magistrate courts. If they have not, they can run it through District Court.
On motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to adopt a resolution requesting that the Louisiana State Police, enforce the litter laws, R.S. 32:383, Highway 165 South. Copy of this resolution be sent to the Louisiana State Police, Troop E, all local haulers.
Amendment to the motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to adopt the following resolution requesting that the Louisiana State Police, enforce the litter laws, R.S. 32:383, specifically along Highway 165 South. Copy of this resolution to be sent to the Louisiana State Police, Troop E, all local haulers, cities and municipalities in Rapides Parish and authorize the President to sign the resolution: RESOLUTION WHEREAS, the citizens and the municipalities located along U.S. Hwy 165 South in Rapides Parish, have brought to the attention of the Rapides Parish Police Jury the fact that there is a tremendous garbage/litter/refuse problem upon the shoulders and asphalt of U.S. Highway 165 South, primarily between the commercial garbage transfer station located near the old country club entrance and a garbage/refuse landfill located near Pawnee, Louisiana;
AND WHEREAS, the citizens and municipalities have asserted that a primary cause of the garbage/litter/refuse problem on U.S. Highway 165 is the loss of garbage/litter/refuse from large commercial garbage and/or refuse trucks utilizing the garbage/refuse facilities mentioned above;
AND WHEREAS, the Rapides Parish Police Jury is concerned for the public safety, health, and welfare of the citizens of Rapides Parish, and the beautification of the highway and road system of the parish;
AND WHEREAS, Louisiana has existing statutes and laws providing for the proper transfer and disposal of garbage, refuse, sludge, and other discarded material, pursuant to La. Revised Statutes Title 32:380, et seq.;
AND WHEREAS, all of the commercial operators and/or municipalities, which provide any transfer and/or disposal of garbage, refuse, sludge, and other discarded material, are all required to comply with the transport restrictions and provisions of discarded material pursuant to La. Revised Statutes Title 32:380, et seq.;
AND WHEREAS, the Louisiana State Police, Troop E, and it’s officers are the proper enforcement agency of the State of Louisiana to enforce the regulations and transportations of commercial garbage and/or refuse trucks, in compliance with the restrictions and provisions of La. Revised Statutes Title 32:380, et seq. in Rapides Parish, Louisiana;
BE IT HEREBY RESOLVED, that the RAPIDES PARISH POLICE JURY, at a regularly scheduled and noticed meeting, do hereby officially request that along all of U.S. Highway 165 South in Rapides Parish, and particularly between the commercial garbage transfer station located near the old country club entrance and the garbage/refuse landfill located near Pawnee, Louisiana, that the Louisiana State Police, Troop E, provide an increased and enhanced patrol and enforcement of the restrictions and provisions La. Revised Statutes Title 32:380, et seq., and/or any other statutes, regulating and controlling the proper transfer and disposal of garbage, refuse, sludge, and other discarded material, and that a copy of this resolution be provided to all of the commercial operators and/or municipalities, which may provide any transfer and/or disposal of garbage, refuse, sludge, and other discarded material in Rapides Parish, Louisiana.
On vote the amended motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to grant approval to Hidden Oaks – Phase II Credeur & Philadelphia Road, Deville, as recommended by the Rapides Area Planning Commission, pending approval of Public Works Director and Legal Counsel, and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Joe Bishop, to lease a portion of the property behind the Rapides Parish Coliseum to AT&T Mobility Corporation to construct a cell tower and the President to sign a five (5) year lease agreement with monthly payments to the Rapides Parish Police Jury.
Amendment by Mr. Sean McGlothlin to allow the Jury to negotiate with AT&T on the price.
Mr. Joe Bishop stated he would like to second the motion but to add to give the authority to the Treasurer to negotiate the price with AT&T.
Mr. Fountaine stated the motion is to lease a portion of the property behind the Rapides Parish Coliseum to AT&T Mobility Corporation to construct a cell tower and the President to sign a five (5) year lease agreement after the negotiations for the monthly payments and authorize the Treasurer to negotiate for the Rapides Parish Police Jury. On vote the amended motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to authorize the President to sign a letter to the Louisiana Public Service Commission that the Rapides Parish Police Jury is in support of the rate reduction and refunds
for the citizens of Rapides Parish and other Parishes served by Cleco. On vote the motion carried unanimously.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to approve settlement of Civil Lawsuit: LAWRENCE EARL BROWNFIELD AND JENNIFER DIXON BROWNFIELD (“Plaintiffs”) and RED RIVER, ATCHAFALAYA, AND BAYOU BOUEF LEVEE DISTRICT, ARCH INSURANCE COMPANY, and RAPIDES PARISH POLICE JURY(“Released Parties”), Civil Suit No. 256,396; 9th JDC, Rapides Parish; State of Louisiana. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Scott Perry, to accept the resignation of Ms. Melanie Tole on the Tioga Heritage Museum District, waive the thirty (30) day announcement rule and appoint Ms. Hazel Johnson. (Terms have not been assigned) On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to reappoint Mr. Linwood McCann, nominee of LSU-A, to the Fire District No. 7 Civil Service Board, for a three (3) year term. Term will expire February 7, 2022. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to receive the required report from Acadian Ambulance under the Contract for December, 2018: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 516 80% 88.18% Pineville - 8 minute 131 80% 80.92% Rapides - 12 minute 230 80% 86.09% Rapides - 20 minute 204 80% 83.33% On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to adopt the Rapides Parish Emergency Operations Plan and authorize the Parish President and Rapides OHSEP Executive Director to sign the promulgation statement. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, 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, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr., Richard Vanderlick, Davron “Bubba” Moreau and Theodore Fountaine, Jr., NAYS: none ABSENT: none On roll call vote the motion carried 9-0.
The following resolution was offered by Mr. Scott Perry and seconded by Mr. Richard Vanderlick:
RESOLUTION
A resolution approving the issuance, sale and delivery of not exceeding $750,000 of Revenue Anticipation Notes of Gravity Drainage District No. 2 of the Parish of Rapides, State of Louisiana, and other matters relating thereto.
WHEREAS, the Board of Commissioners of Gravity Drainage District No. 2 of the Parish of Rapides, State of Louisiana (the "Issuer"), by resolution adopted on February 4, 2019, proposes to issue not exceeding $750,000 of Revenue Anticipation Notes (the "Notes"). The Notes will bear interest at a rate of not exceeding six percent (6%) per annum and shall mature not later than March 31, 2020. The Notes will be issued for the purpose of paying the costs of current expenses for the fiscal year ending December 31, 2019, and paying the costs of issuance of the Notes. The Notes will be issued under the authority of Section 527, and the other applicable provisions of Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority; and
WHEREAS, it is now the desire of the Police Jury of the Parish of Rapides, State of Louisiana, to approve the issuance of the Notes;
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 $750,000 of Revenue Anticipation Notes, said Notes 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 Notes. This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Davron Moreau, Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Richard G. Vanderlick, Oliver Overton, Jr., Sean McGlothlin, Richard
- W. Billings, Scott Perry NAYS: None. ABSENT: None.
And the resolution was declared adopted on this, the 11th day of February, 2019.
/s/ Laurel Smith /s/ Theodore Fountaine, Jr. Secretary President
The following resolution was offered by Mr. Craig Smith and seconded by Mr. Scott Perry:
RESOLUTION
A resolution giving preliminary approval to the issuance of not exceeding Six Hundred Fifty Thousand Dollars ($650,000) of Limited
- of the Parish of Rapides, State of Louisiana; providing certain terms of said Bonds; making application to the State Bond Commission for approval of said Bonds; providing for the employment of professionals in connection with the Bonds; and providing for other matters in connection therewith.
WHEREAS, pursuant to an election held in Sub-Road District No. 2 of Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana (the "Issuer"), on December 8, 2018, the Issuer is authorized to levy and collect a special tax of 15 mills from the year 2019 through the year 2028, for the purpose of constructing, improving, maintaining and keeping in repair the public roads, highways and bridges and drainage facilities within the Issuer (such tax being subject to adjustment from time to time due to reassessment)(the "Tax"); and
WHEREAS, Section 522, and the other applicable provisions of Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority (collectively, the "Act"), authorize the Issuer to borrow money in anticipation of revenues to be realized from the Tax to be used only for the purposes for which the Tax was voted; and
WHEREAS, pursuant to and in accordance with the foregoing, the Issuer now desires to incur debt and issue not exceeding Six Hundred Fifty Thousand Dollars ($650,000) of its Limited Tax Bonds (the "Bonds"), in the manner authorized and provided by the Act to provide funds for the purposes hereinafter set forth; and
WHEREAS, the Issuer presently has no outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the revenues of the Tax; and
WHEREAS, the annual debt service on the Bonds will not in any year exceed seventy-five percent (75%) of the estimated income to be realized from the levy of the Tax in the year 2019; and
WHEREAS, the Issuer desires to make formal application to the State Bond Commission for approval of the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Sub-Road District No. 2 of Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana (the "Issuer"), that:
SECTION 1. Preliminary Approval of Bonds. Preliminary approval is given to the issuance of not exceeding Six Hundred Fifty Thousand Dollars ($650,000) aggregate principal amount of Limited Tax Bonds (the "Bonds") of the Issuer, all in the manner provided by the Act, for the purpose of paying costs of constructing, improving, maintaining and keeping in repair the public roads, highways and bridges and drainage facilities within the Issuer, and paying the costs of issuance of the Bonds. The Bonds will be payable solely from and secured by an irrevocable pledge and dedication of the avails or proceeds of the Tax. The Bonds shall bear interest at a rate or rates not to exceed five percent (5%) per annum, to be determined by subsequent proceedings of this Governing Authority at
the time of the sale of the Bonds, will be issued in one or more series, and will mature not later than March 1, 2029. The Bonds shall be issued in fully registered form and shall have such additional terms and provisions as may be determined by this Governing Authority at the time of sale thereof.
SECTION 2. State Bond Commission. Application is hereby f ormally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue and sell the aforesaid Bonds, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Governing Authority, together with a letter requesting the prompt consideration and approval of this application. By virtue of applicant/issuers application for, acceptance and utilization of the benefits of the Louisiana State Bond Commissions approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the "State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.," adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.
SECTION 3. Employment of Bond Counsel. This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Bonds, and accordingly, Foley & Judell, L.L.P., of New Orleans, Louisiana, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Bonds. Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bonds, shall counsel and advise this Governing Authority as to the issuance and sale thereof and shall furnish its opinions covering the legality of the issuance of the Bonds. The fee of Bond Counsel for each series of bonds shall be fixed at a sum not exceeding the fee allowed by the Attorney General’s fee guidelines for such bond counsel work in connection with the issuance of revenue bonds and based on the amount of said Bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said Bonds. The President is hereby authorized and directed to execute, and this Governing Authority hereby agrees to and accepts the terms of, the engagement letter of Bond Counsel appended hereto. A certi fied copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Treasurer is hereby empowered and directed to provide for payment of the work herein specified upon completion thereof and under the conditions herein enumerated without further approval of this Governing Authority.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Davron Moreau, Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Richard G. Vanderlick, Oliver Overton, Jr., Sean McGlothlin, Richard
- W. Billings, Scott Perry NAYS: None.
ABSENT: None. And the resolution was declared adopted on this, the 11th day of February, 2019.
/s/ Laurel Smith /s/ Theodore Fountaine, Jr. Secretary President
EXHIBIT A
February 11, 2019
Mr. Theodore Fountaine, Jr., President Police Jury of the Parish of Rapides, State of Louisiana
Parish of Rapides, State of Louisiana
Dear Mr. Fountaine:
The purpose of this engagement letter is to set forth certain matters concerning the role we will serve and the legal services we will provide as bond counsel to Sub-Road District No. 2 of Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana (the "Issuer") in connection with the issuance of the captioned bonds (the "Bonds"). We understand that the Bonds will be issued for the purposes (the “Project”) described in the resolution adopted by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of the Issuer, on February 11, 2019.
As bond counsel, we will prepare and submit to the Governing Authority for adoption all of the legal proceedings required for the authorization, issuance, sale and delivery of the Bonds and provide advice of a traditional legal nature as to the issuance and sale of the Bonds. Our job is principally to render certain opinions to the Issuer regarding (i) the validity of the Bonds under applicable Louisiana law, (ii) the exemption of interest paid on the bonds from federal and/or state taxes, and (iii) other matters as may be applicable. The bond opinion will be based on facts and law existing as of its date. In rendering such opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to our firm without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the Issuer with applicable laws and other resolutions relating to the Bonds. During the course of this engagement, we will rely upon the staff of the Issuer and the members of the Governing Authority to provide us with complete and timely information on all developments pertaining to any aspect of the Bonds.
In our engagement as bond counsel, we will: Confer with members of the working group, including you and other officials of the Issuer, relating to the Project and review legal issues relating to the structure of the Bond issue;
Prepare the Issuing Bond Resolution and all related financing documents (collectively, the "Bond Documents");
As requested, attend meetings of the Governing Authority at which the Bond Documents are adopted, including (as applicable) preparation of notices; Prepare the application for approval of the issuance of the Bonds by the State Bond Commission and attend the State Bond Commission meeting at which such approval will be considered;
Prepare the closing index and various closing certificates, including the Tax Compliance Certificate, and supervise the execution of certain closing documents by the various parties thereto;
Prepare and file Internal Revenue Service Form 8038-G, as required by Federal law;
Prepare the Bonds and supervise their execution and authentication,
Prepare complete transcripts of record covering the issuance of the Bonds and furnishing the transcripts to various parties in connection therewith; and
Submit post-closing reports to the State Bond Commission, if required.
Our fee as bond counsel is based upon the terms, structure, size and schedule of the financing, the services provided, and the responsibilities assumed; however, our fee will not exceed that permitted by guidelines set forth by the Attorney General of the State of Louisiana and is subject to his approval. Our fee as bond counsel is a “contingent fee,” meaning you are required to pay for our legal services only in the event the Bonds are actually sold and delivered. Other vendors or members of the working group may charge additional fees or costs for their services.
We will continue to serve as bond counsel until the delivery of the Bonds; however, the Issuer and our firm each have the right to terminate this engagement at any time after providing reasonable advanced written notice, subject to the applicable rules of professional responsibility. Upon conclusion or termination of our representation of the Issuer, papers and property furnished by the Issuer will be returned promptly upon request.
Please note that we are not municipal advisors, and we do not render financial advice or other financial services to the Issuer; however, in the course of providing traditional legal services, we may provide factual information that is not specifically tailored to the Bonds or that does not rise to the level of a recommendation concerning a course of action. We will, however, analyze, discuss and advise the Issuer regarding the legal ramifications of the structure, timing, terms and other provisions of the Bonds, as these functions are essential to developing a plan of finance.
Applicable ethical rules in Louisiana prohibit us from undertaking this representation if we represent another party that is directly adverse to the Issuer or if there is a significant risk that other considerations will materially limit our representation of the Issuer. As you are aware, our firm represents many political subdivisions, including others in Rapides Parish. At this time, we do not believe any other current or past engagement of our firm adversely affects our ability to
represent the Issuer as provided in this letter; however, we invite you to discuss any concerns you have with us.
In the interest of facilitating our services to you, we may send documents, information or data electronically or via the Internet or store electronic documents or data via computer software applications hosted remotely or utilize cloud-based storage. Your confidential electronic documents or data may be transmitted or stored using these methods. We may use third party service providers to store or transmit these documents or data. In using these electronic communication and storage methods, our firm employs reasonable efforts to keep such communications, documents and data secure in accordance with our obligations under applicable laws, regulations, and professional standards; however, you recognize and accept that we have no control over the unauthorized interception or breach of any communications, documents or data once it has been transmitted or if it has been subject to unauthorized access while stored, notwithstanding all reasonable security measures employed by us or by our third party vendors. By your acceptance of this letter, the Issuer consents to our use of these electronic devices and applications and submission of confidential client information to or through third party service providers during this engagement.
If this letter is acceptable to the Issuer, please so indicate by executing where indicated below and returning a copy to us, retaining the original for your files. We appreciate the opportunity to serve the Issuer and look forward to working with you.
FOLEY & JUDELL, L.L.P.
BY: _______________________________ DAVID E. HENDERSON, PARTNER
ACCEPTED AND APPROVED: OF THE PARISH OF RAPIDES, STATE OF LOUISIANA
BY: _____________________________ NAME: THEODORE FOUNTAINE, JR. TITLE: POLICE JURY PRESIDENT
DATED: FEBRUARY 11, 2019
On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Scott Perry, to enter into an Intergovernmental Agreement with the Ward 10 Recreation District for the Rapides Parish Highway Department to provide labor and equipment to perform approximately ten (10) hours of hauling and spreading 610 base, to be paid out of Ward 10 Maintenance funds and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to authorize the Rapides Parish Highway Department to purchase a used pothole patcher, not to exceed $25,000.00. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, there being no further business, the meeting was adjourned at 3:47 p.m. On vote the motion carried.
Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.