RAPIDES PARISH POLICE JURY
REGULAR SESSION
April 9, 2001
The Police Jury of the Parish of Rapides, State of Louisiana, met in Regular Session at its regular meeting place, the Police Jury Room of the Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, on Monday, April 9, 2001, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Honorable Scott Perry Jr., President; Donald H. Wilmore, Vice President; and Police Jurors Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, and Richard W. Billings.
Also present were Mr. Tim Ware, Treasurer; Mr. Terry G. Bounds, Economic and Workforce Development Director; Mr. Cecil Raggio, Public Works Director; Mr. Felix Mouton Jr., WIA Operations Director; Mr. Carroll Bruce, Courthouse and Jail Building Superintendent; Chief David Peart, Fire District No. 2; Mr. Thomas O. Wells, Legal Counsel; Ms. Candice Saucier, Civil Service Director; and Ms. Angie Richmond, Secretary.
The invocation was given by Mr. Joe Fuller.
The Pledge of Allegiance was led by Mr. Ezra Reed.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Scott Perry Jr., President, who welcomed all present and then stated that the Police Jury was ready for the transaction of business.
On motion by Mr. Joe Fuller, seconded by Mr. Bubba Moreau, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on March 19, 2001, as published in the Official Journal. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Bubba Moreau, that approved bills be paid. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Bubba Moreau, to accept the Treasurer's Report. On vote the motion carried.
Mr. Fuller laid over the appointment to the Rapides Parish Port Commission to fill the vacancy in the unexpired term created by the resignation and death of Mr. Ray Teddlie, term will expire on September 8, 2004.
On motion by Mr. Don Wilmore, seconded by Mr. Richard Billings, to appoint Mr. Scott Emory to the Ward 7 Recreation District to fill the vacancy in the unexpired term created by the resignation of Mr. Kenneth White, term will expire on October 12, 2003. On vote the motion carried.
Mr. Fuller laid over the appointment to the Port Commission for six year term to fill the expired term of Mr. Ronald Williams, term expired on September 13, 2000.
Mr. Bordelon laid over the appointment to fill the vacancy in the unexpired term on the Ward 9 Recreation District caused by the death of the late Tommy Frazier, term will expire on February 12, 2006, until he heard from the Mayor of Pineville regarding reactivation of the District.
On motion by Mr. Joe Fuller, seconded by Mr. Don Wilmore and Mr. Bubba Moreau, to appoint Mr. Brett Matens to the Communications District, representing emergency medical services, as recommended by Rapides Regional Medical Center, to fill the vacancy in an unexpired term, term will expire on April 9, 2004. On vote the motion carried.
The following appointments were announced to be made at the next meeting to:
Twin Valley Resource Conservation and Development District for one year term to fill the expiring term of Chief David Peart, term will expire on May 30, 2001;
Twin Valley Resource Conservation and Development District, jointly with the Natural Resources Conservation Service, for one year term to fill the expiring term of Mr. James Turnage, term will expire on May 30, 2001;
Communications District, representing the minority, for four year term to fill the expiring term of Mr. Vernon L. Creecy, term will expire on June 8, 2001;
Communications District, representing volunteer fire departments, for four year term to fill the expiring term of Mr. James Turnage, term will expire on June 8, 2001; and
Ward 5 Recreation District for five year term to fill the expiring term of Mr. Hubert Melder, term will expire on June 10, 2001.
On motion by Mr. Joe Fuller, seconded by Mr. Steve Bordelon, to waive the thirty day announcement rule and reappoint Mr. Vernon L. Creecy to the Communications District, representing the minority, for four year term, term will expire on June 8, 2005.
Amendment by Mr. Don Wilmore, seconded by Mr. Richard Billings, to waive the thirty day announcement rule and reappoint Mr. James Turnage to the Communications District, representing volunteer fire departments, for four year term, term will expire on June 8, 2005.
Amendment by Mr. Richard Billings, seconded by Mr. Don Wilmore, to waive the thirty day announcement rule and reappoint Mr. Hubert Melder to the Ward 5 Recreation District for five year term, term will expire on June 10, 2006.
Amendment by Mr. Richard Billings, seconded by Mr. Don Wilmore, to waive the thirty day announcement rule; reappoint Chief David Peart to the Twin Valley Resource Conservation and Development District for one year term, term will expire on May 30, 2002 and; reappoint Mr. James Turnage to the Twin Valley Resource Conservation and Development District, jointly with the Natural Resources Conservation Service, for one year term, term will expire on May 30, 2002.
On vote the motion as amended carried.
On motion by Mr. Richard Billings, seconded by Mr. Joe Fuller, to delete the following assets from the Watershed Fixed Asset/Inventory Program; these items are to be scrapped and used for parts:
Asset Description
7319 Lawnmower
8237 Lawnmower
8031 Mower, Johnson
8030 Mower, Johnson.
On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to award Bid No. 1770 Bituminous Road Material (Cold Mix) (annual contract) to Material Resources, Inc., the low bidder, in the amount of $59.50 per ton delivered, as recommended by the Public works Director, Treasurer and Purchasing Agent. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to award Bid No. 1771 Abandoned Railroad Tank Car Culverts (annual contract) to Progress Rail Services, the low bidder for all items for which a bid was submitted, as recommended by the Public Works Director, Treasurer and Purchasing Agent. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to award Bid No. 1772 Creosote Bridge Material (annual contract) to the sole bidder Colfax Treating Company for all items for which a bid was submitted, as recommended by the Public Works Director, Treasurer and Purchasing Agent. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to award Bid No. 1773 Contract Hauling Pit Run (annual contract) to W.M. Trucking (Winston Maddox), the low bidder, in the amount of $0.13 per yard mile, as recommended by the Public Works Director, Treasurer and Purchasing Agent. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, the following resolution was presented and on vote unanimously adopted:
RESOLUTION
BE IT RESOLVED that the Rapides Parish Police Jury hereby endorses a flood control project for the Bayou Maria Basin to alleviate flooding conditions in the area,
BE IT FURTHER RESOLVED that a copy of this resolution to be sent to Senator Mary Landrieu and Senator John Breaux with a request for their assistance,
BE IT FURTHER RESOLVED that a copy also be sent to our Louisiana Legislative Delegation.
THUS PASSED AND APPROVED on this 9th day of April, 2001.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, the following resolution was presented and on vote unanimously adopted:
RESOLUTION
WHEREAS, LA 112 between I-49 and US 165 South has become a major connection to I-49 due to the improvement of US 165 South with four/five lanes and because of the commercial development of plant nurseries in the area; and,
WHEREAS, LA 112 has narrow shoulders; and,
WHEREAS, the Rapides Parish Police Jury on July 26, 1999, requested consideration that LA 112 be improved between I-49 and US 165 South because of the increasing number of serious traffic accidents; and,
WHEREAS, the road is in even more dangerous condition and more fatalities have occurred;
NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury does hereby request the Louisiana Department of Transportation and Development to consider upgrading LA 112, between I-49 and US 165 South, to a three lane section highway with improved shoulders,
BE IT FURTHER RESOLVED that a copy of this resolution to be sent to Mr. Wayne Marchand, LDOTD District 08 Administrator,
BE IT FURTHER RESOLVED to urge and request our Louisiana Legislative Delegation for their support and assistance.
THUS DONE, PASSED AND APPROVED on this 9th day of April, 2001.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to waive the forty foot culvert limitation and authorize the Parish Highway Department to install approximately 120 feet of 18 inch pipe at 1427 Marilyn Drive, the property owner Ms. Julie Hawkins to provide the pipe, no catch basins required, and the Parish Highway Department to install and backfill, to be paid out of Road District No. 36 (District I). On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to ratify authorization for the President in declaring Rapides Parish in a State of Emergency on April 2, 2001, and all Emergency Preparedness plans and Parish All Hazard Emergency Operations Plan be activated, due to heavy rainfall which caused numerous road closures and localized flooding which has required some residential evacuations as well as livestock, to which additional rainfall was expected within the next several days:
STATE OF LOUISIANA
RAPIDES PARISH
WHEREAS, the Parish of Rapides continues to be faced with a pending emergency due to heavy rainfall which has caused numerous road closures and localized flooding which has required residential evacuations as well as livestock; and,
WHEREAS, there is a very definite threat to life and property of the citizens of this Parish; and,
WHEREAS, such action must be taken now;
THEREFORE, I, SCOTT PERRY JR., by authority vested in me by the Parish of Rapides and the Louisiana Disaster Act of 1993 (as amended), do hereby proclaim;
A STATE OF EMERGENCY continues to exist within the Parish and that all Emergency Preparedness plans and the Parish All Hazard Emergency Operations Plan be activated.
Issued on this 2nd day of April, 2001, and effective at time of issuance.
s/Scott Perry Jr.
On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to advertise for bids for various road improvements in Police Jury District H:
Ward 2
Cain Road
Tiger Lake Road (portion)
Tiger Lake Cut-Off Road
Dewitt Lane
Chilli Brittian Road
John Lacombe Road
Adams Road
Booker Fowler Road (portion)
Chinguapin Road
Ward 3
Bayou Road (portion) Ward 4
Ahtus Melder Road (portion)
Whaley Road (portion)
Ward 5
Owen Miller Road (portion)
Morrison Road (portion)
Ward 6
West River Road (portion)
Jessie Johnson Road
Occupy No. 1 Road
Mary Odom Road
Ernest Odom Road
On vote the motion carried.
On motion by Mr. Steve Bordelon, seconded by Mr. Joe Fuller, to request the Public Works Director to meet with the Sheriff and the Mayor of Pineville for assistance in cleaning debris on curbside in the Wardville area and authorize the Public Works Director to use the Parish Highway's Department's Inmate labor and equipment to assist in the clean up project. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to readvertise for Bid No. 1776 Used Bridge Timbers For Sale, because no bids were received, as recommended by the Public Works Director and Purchasing Agent. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to waive the forty foot culvert limitation and authorize the Parish Highway Department to install approximately 155 feet of 18 inch pipe at Lot 4 of Fortune Loop, the property owner Ms. Cathy Bernard to provide the pipe and two catch basins, and the Parish Highway Department to install and backfill, to be paid out of Road District No. 2B (District C). On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to refer to the Rapides Area Planning Commission for a recommendation the request of Mr. Webb Hebert for revocation of the remaining half of a street right of way dedication in the Brenda Ann Subdivision that joins with the Sleepers Forest Subdivision, Ward 10, District A. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize the purchase of one large sedan for the President under the City of Alexandria bid, to be paid out of the _______ Fund. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize the President to appoint a committee to look at the possibility of appointing a parish administrator, set the duties, possibly take applications and interview potential applicants, and bring back a recommendation to the full Police Jury. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to approve modification to the Year 4 School-to-Work contract with the Office of the Governor, Office of Workforce Development/Lifelong Learning, to increase the contract amount by $6,513; authorize the President to sign the Modification and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to approve modification to the Year 5 School-to-Work contract with the Office of the Governor, Office of Workforce Development/Lifelong Learning, to increase the contract amount by $6,567; authorize the President to sign the Modification and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to approve travel expenses for one OEWD staff member to attend the USDOL WIA Cost Allocation training in Dallas, TX on April 17-18, 2001. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to approve travel expenses for one OEWD staff member who attended the LDOL Individual Training Account Workshop in Baton Rouge, LA on March 29, 2001. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to approve travel expenses for two OEWD staff members who attended the LDOL Fiscal/MIS Meeting in Baton Rouge, LA on March 30, 2001. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to approve contract with the United Way of Central Louisiana in the amount of $3,000 for activities under the Regional Youth Development Grant; authorize the President to sign the contract and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Steve Bordelon, to not oppose House Bill 1064 regarding amendments to the Rapides Parish Civil Service System, instead the Police Jury supports House Bill 1064, which was introduced at the previous request of the Rapides Parish Police Jury; further, to request the Courthouse and Jail Building Superintendent and the WIA Operations Director be included in the exemption from the Rapides Parish Civil Service System.
Amendment by Mr. Joe Fuller, seconded by Mr. Richard Billings, to ask the Rapides Civil Service Board whether they had authorized the Civil Service Director to write letters of the magnitude as that written on April 4, 2001 to Police Jury employees.
A roll call vote was called on the motion as amended and was as follows:
YES NO
Scott Perry Don Wilmore
Bubba Moreau Richard Nunnally
Steve Bordelon
Ezra Reed
Myron Lawson
Joe Fuller
Richard Billings
On roll call vote the motion carried 7-2.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to accept the Secretary's Report. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Joe Fuller, the following ordinance was presented, as drafted by Legal Counsel, regulating or restricting sexually oriented businesses in Rapides Parish, outside of municipalities, and on vote unanimously adopted:
ORDINANCE
SECTION I: BE IT ORDAINED by the Rapides Parish Police Jury, in legal session convened, that the Jury hereby enacts the following ordinance regarding the Sexually Oriented Businesses as authorized by R.S. 33: 1236 (6) permitting the policing of houses of public entertainment.
SECTION II: BE IT FURTHER ORDAINED by the Rapides Parish Police Jury that the addition of this section is as follows:
ARTICLE
SEXUALLY ORIENTED BUSINESSES
Definitions.
(1) Adult arcade.
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas, as defined herein.
(2) Adult bookstore or adult video store.
A commercial establishment in which a substantial portion of its stock in trade consists of books, videos, tapes, cassettes, photographs, slides, magazines, and other periodicals which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.
(3) Adult cabaret.
A night club, bar, restaurant, or similar commercial establishment which features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
(4) Adult retail store.
A business where a substantial portion of the stock in trade consists of items or products other than printed matter which are characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.
(5) Adult theater.
Any theater, concert hall, auditorium or similar establishment with a capacity of more than five persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined herein, or features personas who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas, as defined herein.
(6) Nude model studio.
Any place where a person who appears in a state of nudity or displays specified anatomical areas, as defined herein, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(7) Nudity or state of nudity.
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.
(8) Semi-nudity.
A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
(9 ) Sexual encounter center.
A commercial establishment which, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
(10) Sexually oriented business.
Any adult arcade, adult bookstore or adult video store, adult cabaret, adult retail store, adult theater, nude model studio, or sexual encounter center.
(11) Specified anatomical areas.
Less than completely and opaquely covered human genitals, pubic region, buttock, human genitals in a discernible erect state, even if completely and opaquely covered, or any combination of the aforementioned.
(12) Specified sexual activities.
Depiction of male genitals in a state of sexual arousal, female genitals; acts of masturbation, sexual intercourse, oral copulation, sodomy, bestiality; touching of human genitals, pubic region, buttock, anus; or any combination of the aforementioned.
Location requirements.
(1) No sexually oriented business shall be operated within one thousand feet (1,000') of:
a. A public park or public library.
b. A nonprofit educational museum.
c. A church or synagogue.
d. A public or private elementary or secondary school or college or university.
e. A day care center or kindergarten.
f. Another sexually oriented business.
g. A structure that contains another sexually oriented business.
(2) No sexually oriented business shall be operated within one thousand feet (1,000') of a subdivision which has been approved by the Rapides Parish Police Jury.
Measurement.
(1) Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where a sexually oriented business is located or conducted to the nearest property line of the premises of a church, public park, public or private elementary or secondary school, day care or kindergarten, residential district, or building site dedicated or devoted to a residential use.
(2) Measurement between any two sexually oriented businesses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one establishment to the exterior wall of the other establishment.
Nonconforming.
(1) Any person or entity holding an occupational license for a lawful business and actually operating a sexually oriented business on the effective date of this ordinance, but not in compliance with the requirements of this chapter shall be permitted to continue to operate as a nonconforming sexually oriented business at this site of the previous use; provided, however, that should such business cease to operate or be discontinued for any period of time, it shall not thereafter be reestablished without being in full compliance with all provisions of this chapter and other applicable codes and ordinances. The terms "cease to operate" or "discontinued for any period of time" shall mean the voluntary or intentional termination, cessation or discontinuance of the business by the owner or other party in interest or an involuntary termination of the business resulting from a violation of any applicable rule, regulation, ordinance, statute or law. The nonconforming use shall not be deemed to terminate if the cessation, termination of discontinuance of the business operations are caused by an act of God, or other catastrophic occurrence or event not caused by or under the control of the business owner or other party of interest. The holder of the certificate of occupancy or operator of the business shall be responsible for providing documentation, that a nonconforming sexually oriented business has not ceased to operate or been discontinued. A nonconforming sexually oriented business shall not be enlarged, increased or altered. Any change in use shall require full compliance with all provisions of this chapter and other applicable codes.
(2) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to approval of the sexually oriented business, of a church, public park, public or private elementary or secondary school, day care or kindergarten, residential district or residential lot within one thousand feet (1,000') of the sexually oriented business.
Issuance of an occupational license.
Prior to issuance of an occupational license the owner or applicant shall be required to sign a written statement verifying that a sexually oriented business is being operated as defined by this section.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this ordinance are hereby declared severable.
THUS PASSED AND APPROVED on this 9th day of April, 2001.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, the following resolution was presented and on vote unanimously adopted:
RESOLUTION
WHEREAS, the Rapides Parish Police Jury is faced with unfunded mandates that are a tremendous cost to local governments; and,
WHEREAS, in the past the Federal Revenue Sharing Program has helped governments to get many projects accomplished that have now been put aside due to a lack of funds,
NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury would like to join in support of the Avoyelles Parish Police Jury and the Natchitoches Parish Police Jury in requesting the Congressional Delegation of Rapides Parish to make every effort possible to see to it that the Federal Revenue Sharing Program be reactivated with a stipulation to update and especially include rural parishes,
BE IT FURTHER RESOLVED that a copy of this resolution to be sent to the Congressional Delegation of Rapides Parish, Louisiana, and the Police Jury Association and all other parishes in the State of Louisiana.
THUS PASSED AND APPROVED on this 9th day of April, 2001.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to enter into a Cooperative Endeavor Agreement with the District Attorney wherein the Police Jury will transfer title of one 1999 Ford Crown Victoria to the District Attorney and the District Attorney in exchange will transfer title of two 1994 Ford Taurus to the Police Jury, as approved by Legal Counsel, this authorization an amendment to that approved on March 19, 2001, and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to create a permanent full-time position for an account services clerk at range 4 in the Sales and Use Tax Department and authorizing filling the position. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to enter into a financing agreement with Bank One for a 1992 GMC Fire Pumper for Fire District No. 11 in the amount of $51,500 (purchased from Fire District No. 2); two annual payments in the arrears at an interest rate of 5%, as recommended by the Spring Creek Volunteer Board of Directors, Treasurer and Purchasing Agent, to be repaid from Fire District No. 11 Funds:
RESOLUTION AND
DECLARATION OF OFFICIAL INTENT
Lessee: Rapides Parish Fire District No. 11
Principal Amount Expected to be Financed: $51,500.00
WHEREAS, the above Lessee is a political subdivision of the State in which Lessee is located (the "State") and is duly organized and existing pursuant to the constitution and laws of the State.
WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interests in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS, the Rapides Parish Police Jury hereby finds and determines that the execution of one or more lease-purchase agreements ("Equipment Leases") in the principal amount not exceeding the amount stated above ("Principal Amount") for the purpose of acquiring the property generally described below ("Property") and to be described more specifically in the Equipment Leases is appropriate and necessary to the functions and operations of the Lessee.
"Equipment Description"
1992 GMC Fire Pumper
WHEREAS, Banc One Leasing Corporation ("Lessor") is expected to act as the lessor under the Equipment Leases.
WHEREAS, the Lessee may pay certain capital expenditures in connection with the Property prior to its receipt of proceeds of the Equipment Leases ("Lease Purchase Proceeds") for such expenditures and such expenditures are not expected to exceed the Principal amount.
WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a tax-exempt borrowing to be spent on working capital and the Lessee shall hereby declare its official intent to be reimbursed for any capital expenditures for Property from the Lease Purchase Proceeds.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Lessee:
Section 1. Either Scott Perry Jr., President or Tim Ware, Treasurer (each an "Authorized Representative") acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver one or more Equipment Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Equipment Lease (including, but not limited to, escrow agreements) as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Equipment Leases are hereby authorized.
Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Equipment Leases on behalf of the Lessee.
Section 3. The aggregate original principal amount of the Equipment Leases shall contain such options to purchase by the Lessee as set forth therein.
Section 4. The Lessee's obligations under the Equipment Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Equipment Lease and the Lessee's obligations under the Equipment Leases shall not constitute a general obligations of the Lessee or indebtedness under the Constitution or laws of the State.
Section 5. The Governing Body of Lessee anticipates that the Lessee may pay certain capital expenditures in connection with the Property prior to the receipt of the Lease Purchase Proceeds for the Property. The Governing Body of Lessee hereby declares the Lessee's official intent to use the Lease Purchase Proceeds to reimburse itself for Property expenditures. This section of the Resolution is adopted by the Governing Body of Lessee for the purpose of establishing compliance with the requirements of Section 1.150-2 of Treasury Regulations. This section of the Resolution does not bind the Lessee to make any expenditure, incur any indebtedness, or proceed with the purchase of the Property.
Section 6. As to each Equipment Lease, the Lessee reasonably anticipates to issue not more than $10,000,000 of tax-exempt obligations (other than "private activity bonds" which are not "qualified 501(c)(3) bonds") during the fiscal year in which each such Equipment Lease is issued and hereby designates each Equipment Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended.
Section 7. This Resolution shall take effect immediately upon its adoption and approval.
ADOPTED AND APPROVED on this 9th day of April, 2001.
On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to enter into a financing agreement with Bank One for the replacement of chillers at the Rapides Parish Courthouse (Bid No. 1767) in the amount of $255,900; five annual payments in the arrears at an interest rate of 4.49%, as recommended by the Treasurer and Purchasing Agent, to be paid from the General Fund:
RESOLUTION AND
DECLARATION OF OFFICIAL INTENT
Lessee: Rapides Parish Police Jury
Principal Amount Expected to be Financed: $255,900.00
WHEREAS, the above Lessee is a political subdivision of the State in which Lessee is located (the "State") and is duly organized and existing pursuant to the constitution and laws of the State.
WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interests in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS, the Rapides Parish Police Jury hereby finds and determines that the execution of one or more lease-purchase agreements ("Equipment Leases") in the principal amount not exceeding the amount stated above ("Principal Amount") for the purpose of acquiring the property generally described below ("Property") and to be described more specifically in the Equipment Leases is appropriate and necessary to the functions and operations of the Lessee.
"Equipment Description"
Replacement of Two Chillers at Rapides Parish Courthouse
WHEREAS, Banc One Leasing Corporation ("Lessor") is expected to act as the lessor under the Equipment Leases.
WHEREAS, the Lessee may pay certain capital expenditures in connection with the Property prior to its receipt of proceeds of the Equipment Leases ("Lease Purchase Proceeds") for such expenditures and such expenditures are not expected to exceed the Principal amount.
WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a tax-exempt borrowing to be spent on working capital and the Lessee shall hereby declare its official intent to be reimbursed for any capital expenditures for Property from the Lease Purchase Proceeds.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Lessee:
Section 1. Either Scott Perry Jr., President or Tim Ware, Treasurer (each an "Authorized Representative") acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver one or more Equipment Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Equipment Lease (including, but not limited to, escrow agreements) as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Equipment Leases are hereby authorized.
Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Equipment Leases on behalf of the Lessee.
Section 3. The aggregate original principal amount of the Equipment Leases shall contain such options to purchase by the Lessee as set forth therein.
Section 4. The Lessee's obligations under the Equipment Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Equipment Lease and the Lessee's obligations under the Equipment Leases shall not constitute a general obligations of the Lessee or indebtedness under the Constitution or laws of the State.
Section 5. The Governing Body of Lessee anticipates that the Lessee may pay certain capital expenditures in connection with the Property prior to the receipt of the Lease Purchase Proceeds for the Property. The Governing Body of Lessee hereby declares the Lessee's official intent to use the Lease Purchase Proceeds to reimburse itself for Property expenditures. This section of the Resolution is adopted by the Governing Body of Lessee for the purpose of establishing compliance with the requirements of Section 1.150-2 of Treasury Regulations. This section of the Resolution does not bind the Lessee to make any expenditure, incur any indebtedness, or proceed with the purchase of the Property.
Section 6. As to each Equipment Lease, the Lessee reasonably anticipates to issue not more than $10,000,000 of tax-exempt obligations (other than "private activity bonds" which are not "qualified 501(c)(3) bonds") during the fiscal year in which each such Equipment Lease is issued and hereby designates each Equipment Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended.
Section 7. This Resolution shall take effect immediately upon its adoption and approval.
ADOPTED AND APPROVED on this 9th day of April, 2001.
On vote the motion carried.
On motion by Mr. Myron Lawson, seconded by Mr. Joe Fuller, the following resolution was presented and on vote unanimously adopted:
RESOLUTION
A RESOLUTION PROTESTING LEGISLATION MANDATING STATE COLLECTION OF LOCAL SALES AND USE TAXES.
WHEREAS, the Constitution of the State of Louisiana grants local governments in the State the right to levy and collect local sales and use taxes; and,
WHEREAS, sales and use tax revenues for Louisiana's parish governments represent a major portion of the total revenues generated in those parishes; and,
WHEREAS, local administration and collection of local sales and use taxes has historically proven to be the best means of protecting the most important revenue source of the state's parishes; and,
WHEREAS, local governments desire to manage this critical function on their own, unless they, by ordinance, designate an outside agency to collect local sales and use taxes due to them; and,
WHEREAS, these legislations would thereby deprive the parish of this most vital and fundamental component of local government authority; and,
WHEREAS, these legislative proposals have drawn solid opposition from the Police Jury Association and other organizations representing local governments, who state that this legislation, if enacted into law, will have a detrimental effect on local sales and use tax revenues, including but not limited to delays in the receipt of tax revenues and lost interest revenues;
NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury does hereby urge and request every member of our local Legislative Delegation to vigorously support local administration and collection of local sales and use taxes and strenuously oppose State collection of local sales and use taxes;
BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the members of our local Legislative Delegation to convey to them our official position on State collection of local sales and use taxes;
BE IT FURTHER RESOLVED that the Rapides Parish Police Jury does hereby go on record opposing a Constitutional Amendment proposal that requires the Department of Revenue or the State of Louisiana to collect sales and use taxes levied by political subdivisions.
THUS DONE AND ADOPTED on this 9th day of April, 2001.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize the President to appoint a committee to discuss the proposal of the Sheriff to develop a new animal shelter serving Rapides Parish. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, the following resolution was presented and on vote unanimously adopted:
RESOLUTION
WHEREAS, the Drug Court Programs of the 9th Judicial District have been established and funded with grant revenues provided through the Federal and State governments; and,
WHEREAS, the Rapides Parish Police Jury is interested in continuing to provide a pro-active intervention program as a means of curtailing the problem of drug abuse in our community; and,
WHEREAS, it is being proposed that Federal grant revenues and possibility State matching grant revenues, for the Drug court Programs, may be discontinued with the upcoming fiscal year; and,
WHEREAS, this program offers an alternative for people who plead guilty to non-violent drug-related crimes and otherwise would be sent to the Parish jail system; and,
WHEREAS, the processing of persons with drug addiction problems through the Drug Court Program, instead of through incarceration in the State penal system, reduces the cost of serving said offenders, while providing them with assistance in working through their addictions; and,
WHEREAS, the success rate of the Drug Court Programs throughout the country has proven the effectiveness of this intervention program,
NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury does hereby support and urge the Rapides Parish Congressional and Legislative Delegations to provide assistance in establishing and continuing grant programs available for Drug Court Programs,
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Rapides Parish Congressional and Legislative Delegations and all Parish governments throughout the State requesting their support and assistance with this position.
THUS PASSED AND APPROVED on this 9th day of April, 2001.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to accept the donation of a 1998 Crown Victoria from the Sheriff to the Rapides Parish Police Jury which is to be assigned to the Chief Juvenile Probation Officer and authorize the President to sign the Act of Donation or any other necessary paperwork to facilitate this endeavor. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize the President to sign the First Amended Exhibit A to the Cooperative Endeavor Agreement between the State of Louisiana, the Rapides Parish Police Jury and the Southern Forest Heritage Museum and Research Center, Inc., FP&C Project No. 50-N97-96B-1, which shifts previously budgeted Equipment Funds and the unobligated remainder of the Miscellaneous Budget to the Construction category. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to enter into an Intergovernmental Agreement with the Alexandria Economic Development District to receive $5,000.00 from Police Jury District F and $5,000.00 from Police Jury District D, to be paid from the respective Capital Improvement and Economic Development Funds in the General Fund; funds to be used for operating, maintaining and matching grants, not to be used for planning, and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to enter into an Intergovernmental Agreement with the Pineville Downtown Economic Development District to receive $10,000.00 from Police Jury District B, to be paid from District B Capital Improvement and Economic Development Funds in the General Fund; funds to be used for operating, maintaining and matching grants, not to be used for planning, and authorize the President to sign same. On vote the motion carried.
The next agenda item was to turn the matter of Roger Toney vs. Rapides Parish Police Jury over to Legal Counsel and be authorized to act representing the Rapides Parish Police Jury.
Mr. Roger Toney asked the Police Jury to amend the agenda for an item to rescind the March 19th vote that removed him from the Board of Commissioners of Water District No. 3 and rescind the appointment of Mr. Robert Rogenmoser as his replacement.
Mr. Nunnally asked if the Police Jury took such action today would Mr. Toney agree to drop the proposed lawsuit, to which Mr. Toney replied in the affirmative.
Motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to put the matter requested by Mr. Toney before this Police Jury.
Mr. Tom Wells, Legal Counsel, advised an item to rescind a previously adopted motion would require twothirds vote of the Police Jury.
On motion by Mr. Myron Lawson, seconded by Mr. Joe Fuller, that the matter be placed on the agenda. On vote the motion carried without any opposition.
On motion restated by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to put the matter requested by Mr. Toney before this Police Jury; to rescind that certain motion of the Rapides Parish Police Jury which removed Mr. Roger Toney from the Waterworks District No. 3 Board, waived the thirty day announcement rule and appointed Mr. Robert Rogenmoser to fill the vacancy in the unexpired term, term will expire on
January 10, 2005; and this action be contingent upon an agreement that the threatened litigation would not be pursued.
On vote the motion carried. Mr. Bubba Moreau and Mr. Richard Billings opposed.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to advertise for bids to purchase one CAF Mini Pumper for Fire District No. 10, as recommended by Plainview Volunteer Fire Department Board, to be paid from Fire District No. 10 Funds as budgeted. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize Fire Protection District No. 2 to sell Asset No. 6407 Engine No. 5 to Fire Protection District No. 11 in the amount of $51,500.00, as recommended by Fire Protection District No. 2 Chief and Spring Creek Volunteer Fire Department Board of Directors. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to delete the following assets from the Fire District No. 11 Fixed Asset/Inventory Program:
Asset No. Description Disposal
7717 Pager, Minator II scrap
7388 Printer, Canon auction
On vote the motion carried.
Motion by Mr. Myron Lawson, seconded by Mr. Joe Fuller, to allow interested Police Jurors to develop land use ability within their Districts and those who chose not to, be excluded from the legislation to be requested to be introduced by our Legislative Delegation.
On vote the motion carried. Mr. Wilmore opposed, stating he was not totally against zoning of land use, but the motion was not clear. Mr. Billings opposed and asked for a roll call vote.
A roll call vote was called by the President on the motion and was as follows:
YES NO
Steve Bordelon Scott Perry
Myron Lawson Don Wilmore
Joe Fuller Bubba Moreau
Richard Nunnally Ezra Reed
Richard Billings
On roll call vote the motion failed to carry 4-5.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to request Legal Counsel and the President of the Rapides Parish Police Jury to inform the Federal Aviation Administration of the Police Jury's desire to transfer Esler Field to the Louisiana National Guard and a written request be sent asking them to appear before the Police Jury and answer specific questions, the list of specific questions to be forwarded with the request. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to request the Federal Aviation Administration to approve the transfer of Esler Field and all funds and assets, moveable and immovable, cash and receivables, to the Louisiana National Guard and the Rapides Parish Police Jury to sign such a document in support of the transfer, copy of this resolution to be sent to our Legislative Delegation. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to reimburse Mr. James Turnage who attended the Twin Valley RC&D Meeting held in Natchitoches, LA on March 27, 2001, to be paid from the General Fund. On vote the motion carried.
Class B - Med Express
for 2001:
Maximum Base Rates
Basic Life Support - Non Emergency $240.00
Mileage $ 7.50/mile
VIP Rate $140.00
(Prescheduled, paid in full at time of service, mileage included within parish)
Motion by Mr. Richard Nunnally, to accept the nonemergency rates submitted by Med Express in accordance with Section 4-1/2.70 of the Code of Ordinances.
Amendment by Mr. Joe Fuller to include "and any other provider who wishes to increase to these rates are also approved." Mr. Nunnally accepted the amendment in his motion.
Motion restated Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to accept the nonemergency rates submitted by Med Express in accordance with Section 4-1/2.70 of the Code of Ordinances, and any other provider who wishes to increase to these rates are also approved.
A roll call vote was called on the motion and was as follows:
YES NO ABSENT
Steve Bordelon Scott Perry Bubba Moreau
Myron Lawson Don Wilmore
Joe Fuller Ezra Reed
Richard Nunnally Richard Billings
On roll call vote the motion failed to carry 4-4.
Mr. Wells was of the opinion that a public hearing should be held prior to approval of an increase in another provider's rates.
Motion by Mr. Richard Nunnally, seconded by Mr. Richard Billings, to lay the matter over until next month's meeting.
On motion by Mr. Richard Billings, seconded by Mr. Joe Fuller, to place the subject on the agenda. On vote the motion was unanimously adopted.
Substitute motion by Mr. Joe Fuller, seconded by Mr. Don Wilmore, to approve the rates for Med Express at the rate as that approved for Acadian Ambulance.
On substitute motion restated by Mr. Joe Fuller, seconded by Mr. Don Wilmore, to ask Med Express to reapply for approval of their nonemergency rates at $230 on Basic Life Support Maximum Base Rates at next month's meeting.
On vote the substitute motion as restated carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to renew the public officials and employees liability insurance policy with Abrusley's Oakdale Insurance (National Union Fire Insurance Company of Pittsburgh, PA) in an amount not to exceed $13,237.00, to be paid from the General Fund. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to accept the resignation of Mr. Edwin L. Kirkland Jr. from the Ruby-Wise Recreation District, waive the thirty day announcement rule, and appoint Mr. Kevin Hightower to fill the vacancy in the unexpired term, term will expire on June 14, 2004. On vote the motion carried.
On motion by Mr. Myron Lawson, seconded by Mr. Steve Bordelon, to authorize the President to form a committee to be constructed with representation from various agencies including, but not limited to, the Coliseum, City of Alexandria, City of Pineville, the other Municipalities in the Parish, the Chamber of Commerce, the Central Louisiana Business League, the Rapides Parish Conventions and Visitors Bureau, and the rural community to bring back a recommendation on the proposal to construct a new Coliseum instead of performing capital improvements to the existing facility. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize the expenses of interested Police Jurors and designated Police Jury employees to attend the 2001 Police Jury Association Legislative Conference to be held on May 2, 2001 in Baton Rouge. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to accept the resignation of Mr. Anthony Fuqua from the Ruby-Wise Recreation District; waive the thirty day announcement rule; and appoint Mr. Tim Vercher to fill the vacancy in the unexpired term, term will expire on April 14, 2002. On vote the motion carried.
After unanimous vote the following items were placed on the agenda:
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, that the Rapides Parish Police Jury does hereby oppose HB 1493 and SB 909 "The Local Taxpayer Bill of Rights" which proposes to set up a Louisiana Board of Tax Appeals which would approve or deny the audit ability of a local taxing authority, copy of this resolution to be sent to our Legislative Delegation. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize the expenses of a Fire District No. 3 Firefighter who delivered radio equipment and inspected new apparatus on SUI trucks at the manufacturer in Loveland, Colorado, during the period of March 22-30, 2001, to be paid out of Fire District No. 3 Funds. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to approve travel expenses for one WDOD staff member to attend a LDOL WIA Implementation Design Meeting in Baton Rouge, LA on April 9-10, 2001, expenses to be paid out of WIA Funds. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize Ms. Lucille Johnson, 9957 Highway 112, Glenmora, as a Hardship Case, pending proper certification, to be paid out of Road District No. 1A Funds. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to support moving the Drug Court to the Judiciary System for funding, copy to be forwarded to our Louisiana Legislative Delegation. On vote the motion carried.
Mayor Roy Hebron appeared and asked the Police Jury to give the Town of Ball a portion of the Police Jury's portion of the 1967 parishwide 1% sales tax, which the Town has not been receiving since its incorporation in 1972, resulting in a loss of $174,000 per year or a total to date of $2.8 million, or the Police Jury put on the ballot a proposition to reallocate the 1967 parishwide 1% sales tax for a portion to go to the Town of Ball. Mr. Tim Ware, Treasurer, reviewed the allocation of the 1967 parishwide 1% sales tax was: 50% to the School Board, 33% to the City of Alexandria, 5% to the city of Pineville, 9% to the Police Jury, and the remaining 3% divided among the remaining municipalities based on population in 1967, at which time the Town of Ball was not incorporated, and not the population in 2000; thus, the Town of Ball would participate in the 3% divided among the remaining municipalities, not in the 9% allocated to the Police Jury. Mr. Wells reminded if the Town of Ball was not in the tax proposition, it could be an improper donation of funds without a voter approval. Mr. Ware estimated a parishwide election could cost between $50,000 to $80,000. Mr. Nunnally asked if the Town of Ball would be willing to commit the funds necessary to place the reallocation on the ballot, to which Mayor Hebron replied if the only change in the proposition would be the inclusion of the Town of Ball, they would be willing to pay the cost of election; however, if other changes were made, they would share the cost.
Mr. Fuller asked the President to appoint a committee to study and bring back a recommendation on the request of Mayor Hebron. Mr. Perry stated instead he would combine this committee purpose with the committee to be formed to study the proposed flat tax.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to waive the forty foot culvert limitation and authorize the Parish Highway Department to install approximately 120 feet of 18 inch pipe on Russell Court, the property owner Mr. Chris Busby to provide the pipe, no catch basins required, and the Parish Highway Department to install and backfill. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize the President to sign Firefighter Investment and Response Enhancement (FIRE) Act grant applications for Fire Protection Districts who wish to apply. On vote the motion carried.
Mr. Perry gave the President's Report. He distributed copies of a summary of action taken at the last regular Police Jury meeting.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to readvertise Bid No. 1775 Purchase Two Used Cab & Chassis for Fire Protection District No. 9 because no bids were received, as recommended by the Echo-Poland Fire Department Board of Directors and the Purchasing Agent. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to award Bid No. 1777 Liquid Asphalt (annual contract) for the Parish Highway Department as follows:
Item No. 1 CRS-2 - Koch Material Co. - $0.59/gallon
Item No. 2 CRS-2P - Ergon Asphalt - $0.90/gallon
Item No. 3 CRS-2P (Mod.) - Ergon Asphalt - $0.79/gallon
Item No. 4 MC-30 - Asphalt Products - $0.99/gallon
Item No. 5 AEP - Koch Material, Co. - $.88/gallon
as recommended by the Public Works Director, Treasurer and Purchasing Agent. On vote the motion carried.
The next agenda item was to discuss forming a committee to study the flat tax proposal.
On motion by Mr. Myron Lawson, seconded by Mr. Joe Fuller, to form a committee to study the flat tax proposal and the current 1% sales and use tax for a recommendation back to the Police Jury. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to adopt the three year capital improvement priority list for 2001-2003, as recommended by the Public Works Director:
3-Year Capital Improvement Program
(2001-2003)
Parish Road Priorities
"By Districts"
District A
1. Gilly Williams Road
2. Ates Road
3. Hines Lane
4. Allen Drive
5. Howell Drive
6. Rigolette Road
7. Garnet Drive
District B
1. Adams Path
2. Brent Street
3. J. A. Whelan Road
4. North Sunny Hill
5. Diane Street
6. McConnell Drive
7. Pellon Street
8. Clark Road
9. Jupiter Loop
10. Comet Path
District C
1. Pearce Road
2. Libuse Cut-Off Road
3. Nation Road
4. Bethel Road
5. Barney Rush Road
6. Credeur Road
7. Elmus Paul Road
8. Gunter Road
9. Harris Ferry Road
10. Hollymoore Road
District E
1. Gene Ball Drive
2. Lena Flatwoods Road
3. Clifton Road
4. Lodi Road
5. Peavy Road
6. Dawn Lane
7. Heron Circle
8. Hawn Road
9. Isabell Lane
10. Cleco Landing Road
11. Sunk Hills Road
12. Bath House Road
(continued)
District F
1. Lamourie Road
2. Winegart Road
3. Bayou Robert Road
4. Chicola Road
5. Louis Richardson Road
District H
1. Turkey Creek Road
2. Melder Road
3. East River Road
4. West River Road
5. Elmer Road
6. Morrison Road
7. Ten Mile Road
8. Boy Scout Road
9. Tiger Lake Road
10. Cutts Road
11. Potato Farm Road
12. Tiger Lake Cut-Off Road
13. Bayou Road
14. DeWitt Lane
15. Owen Miller Road
16. Havens Road
17. Ian Johnson Road
18. Willis Flat Road
19. Ahutus Melder Road
20. Willis Gunter Road
21. Whaley Road
22. Chilli Brittian Road
23. Booker Fowler Road
24. Chinguapin Road
25. Jesse Johnson Road
26. Occupy No. 1 Road
27. Cain Road
28. Adams Road
29. John Lacombe Road
30. Mary Odom Road
31. Ernest Odom Road
On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to approve travel expenses for two OEWD staff members to attend the LDOL Welfare-to-Work Regulation Review and Discussion Meeting in Baton Rouge, LA on April 9, 2001. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to approve School-to-Work contract with Frances Mason for teacher cadet training in the amount of $2,400; authorize the President to sign the contract and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to advertise for bids for sale of two fire trucks for Fire Protection District No. 6, being Asset No. 7300 - 1971 Ford and Asset No. 7021 - 1979 International, as recommended by the Deville Volunteer Fire Association Board of Directors. On vote the motion carried.
The following resolution was offered by Mr. Joe Fuller and seconded by Mr. Myron Lawson, as requested by the Deville Volunteer Fire Department Board of Directors:
RESOLUTION
A resolution ordering and calling a special election to be held in Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, to authorize the levying of a special tax therein, making application to the State Bond Commission and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana:
SECTION 1. That, subject to the approval of the State Bond Commission and under the authority conferred by the Constitution of the State of Louisiana for the year 1974, and other constitutional and statutory authority supplemental thereto, a special election be and the same is hereby called
and ordered to be held in Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, on Saturday, July 21, 2001, between the hours of 6:00 a.m. and 8:00 p.m., in compliance with the provisions of Section 541 of Title 18 of the Louisiana Revised Statutes of 1950 (R.S. 18:541), and that at said special election there shall be submitted to all registered voters within said Fire Protection District No. 6 qualified and entitled to vote at the said election under the Constitution and Laws of this State and the Constitution of the United States, the following proposition, to-wit:
FIRE PROTECTION DISTRICT NO. 6
TAX RENEWAL
SUMMARY
10 YEAR 20 MILL PROPERTY TAX RENEWAL FOR CONSTRUCTING, OPERATING AND MAINTAINING FIRE PROTECTION FACILITIES AND PAYING THE COSTS OF OBTAINING WATER FOR FIRE PROTECTION PURPOSES IN FIRE PROTECTION DISTRICT NO. 6
PROPOSITION
Shall Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, continue to levy and collect a special ad valorem tax of twenty (20) mills on each dollar of assessed valuation on all the property subject to taxation in said District for a period of ten (10) years, beginning with the year 2003 and ending with the year 2012, for the purpose of acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection in the District?
SECTION 2. There shall be published in the "Alexandria Daily Town Talk", a daily newspaper published in the City of Alexandria, Rapides Parish, Louisiana (there being no newspaper published within said District) and being the official journal of the Rapides Parish Police Jury, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date fixed for election, notice of said election, which notice shall be substantially in accordance with the Notice of Special Election annexed hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3. That the Rapides Parish Police Jury, acting as the governing authority of the Fire Protection District No. 6, of the Parish of Rapides, State of Louisiana, shall meet at its regular meeting place, the office of the Rapides Parish Police Jury, Rapides Parish Courthouse, 701 Murray Street, Alexandria, Rapides Parish, Louisiana, on Monday, the 13th day of August, 2001, at 3:00 p.m., and shall then and there in open and public session proceed to examine and count the votes, examine and canvass the returns and declare the results of the said special election.
SECTION 4. That the polling places set forth in the abovesaid Notice of Special Election and situated within Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, be and the same are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be set at the minimum number required for such election and selected as provided by law.
SECTION 5. That the officers designated to serve as Commissioners-in-Charge and Commissioners or such substitutes therefor as may be selected and designated in accordance with Section 1287 of Title 18 of the Louisiana Revised Statutes of 1950 (R.S. 18:1287) shall hold the said special election as herein provided, shall make due returns of said election for the meeting of the Rapides Parish Police Jury to be held on Monday, the 13th day of August, 2001, and that the compensation of the said officers be and the same is hereby fixed at the sum prescribed by law. All registered voters in Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, are entitled to vote at said special election and voting machines shall be used thereat.
SECTION 6. That the Secretary of the Rapides Parish Police Jury as Secretary of the Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, be and she is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for holding of said election the necessary equipment, forms and other election paraphernalia essential to the proper holding of said election.
SECTION 7. That certified copies of this resolution shall be forwarded to the Secretary of State, the Commissioner of Election, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish of Rapides, State of Louisiana and the Registrar of Voters in and for said Parish, as notification of the special election herein called in order that each may prepare for said election and perform his respective functions as required by law.
SECTION 8. That application be and the same is hereby formally made to the State Bond Commission for consent and authority to hold the aforesaid special election as herein provided, and in the event the aforesaid proposition is carried, for consent and authority to levy the tax provided for in said proposition; and that a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Fire Protection District No. 6 of Rapides Parish, Louisiana, together with a letter requesting the prompt consideration and approval of this application.
SECTION 9. That a certified copy of this resolution, together with other showings required by Section 5 of the Voting Rights Act of 1965 and Regulations pertaining thereto (29 C.F.R. 51.22) be submitted to the United States Attorney General for approval in compliance with the said Voting Rights Act, should such submission be required.
SECTION 10. That the creation and existence of the Fire Protection District No. 6, of the Parish of Rapides, State of Louisiana, is hereby ratified, confirmed, and approved.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Scott Perry Jr., Donald H. Wilmore, Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, Richard W. Billings.
NAYS: None.
ABSTAIN: None.
ABSENT AT TIME OF VOTE: None.
And the resolution was declared adopted on this the 9th day of April, 2001 .
EXHIBIT A
NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a resolution adopted on the 9th day of April, 2001, by the Rapides Parish Police Jury, acting as the governing authority of Fire Protection District No. 6 of Rapides Parish, Louisiana, NOTICE IS HEREBY GIVEN that a special election will be held in Fire Protection District No. 6 of the Parish of Rapides on Saturday, July 21, 2001, at which election there will be submitted to all registered voters within said Fire Protection District No. 6, qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, to-wit:
FIRE PROTECTION DISTRICT NO. 6
TAX RENEWAL
SUMMARY
10 YEAR 20 MILL PROPERTY TAX RENEWAL FOR CONSTRUCTING, OPERATING AND MAINTAINING FIRE PROTECTION FACILITIES AND PAYING THE COSTS OF OBTAINING WATER FOR FIRE PROTECTION PURPOSES IN FIRE PROTECTION DISTRICT NO. 6
PROPOSITION
Shall Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, continue to levy and collect a special ad valorem tax of twenty (20) mills on each dollar of assessed valuation on all the property subject to taxation in said District for a period of ten (10) years, beginning with the year 2003 and ending with the year 2012, for the purpose of acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection in the District?
The said special election will be held at the following polling places situated within the corporate limits of Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, which polls will open at six (6:00) o'clock a.m. and close at eight (8:00) o'clock p.m., in compliance with the provisions of Section 541 of Title 18 of the Louisiana Revised Statutes of 1950 (R.S. 18:541), to-wit:
Precinct Polling Place
1 Fire Dist. #6 Sta., Holloway
2 Vol. Fire Station Esler Field (split)
10 Buckeye High School
11 Carl Gunter Library Branch (split)
24 Philadelphia Baptist Church (split)
25 Ruby Wise Elementary School (split)
27 Buckeye High School
That the polling places set forth above and situated within Fire Protection District No. 6 of the Parish of Rapides be and the same are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be set at the minimum number required for such an election and selected as provided by law.
The said special election will be held in accordance with the provisions of Chapter 6-A of Title 28 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, and the officers appointed to hold the said election, as provided in this notice of special election, or such substitutes therefor as may be selected and designated in compliance with Section 1287 of Title 18 of the Louisiana Revised Statutes of 1950 (R.S. 18:1287) will make due returns thereof to Fire Protection District No. 6 of Rapides Parish, and NOTICE IS FURTHER GIVEN that the Rapides Parish Police Jury, acting as the governing authority of Fire Protection District No. 6 of Rapides Parish, State of Louisiana, will meet at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, on Monday, the 13th day of August, 2001, at 3:00 o'clock p.m., and will then and there in open and public
session proceed to examine and count the votes, examine and canvass the returns and declare the results of said special election. All registered voters within Fire Protection District No. 6 of Rapides Parish, Louisiana, are entitled to vote at the said special election, and voting machines will be used thereat.
THUS DONE AND SIGNED at Alexandria, Rapides Parish, Louisiana, on this the 9th day of April, 2001.
On motion by Mr. Myron Lawson, seconded by Mr. Joe Fuller, to place "Think Before You Drink" signs on all our public facilities, including the Coliseum Annex building. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Myron Lawson, to authorize to enter into an Intergovernmental Agreement with the Town of Forest Hill for 16 hours of ditch work within the Town by the Parish Highway Department using a gradeall and a dump truck, as requested Mayor Marcia Young of the Town of Forest Hill, and authorize the President to sign same. On vote the motion carried.
The next item was on the agenda was to discuss the question from Mr. Paul Burns of the FAA on the intentions of the Rapides Parish Police Jury regarding Esler Regional Airport: "since the $400,000 in "movable assets" should stay with the airport, let us know if the Police Jury still intends to transfer the airport to the Louisiana National Guard, and what the proposed disposition of all airport assets would be."
Mr. Wells gave a status report on the legal positions, noting a declaratory judgement by a court may be necessary to resolve the issues.
Colonel Mike Wood, of the Louisiana National Guard, hoped to have a proposed cooperative endeavor for the Police Jury to consider before the end of the day.
Ms. Opal Hudson, representing the Alexandria Economic Development District, asked for $5,000 each from Police Jury Districts H and I, as granted by Districts F and D.
Ms. Lorena Pospisil, of the Cenla Concerned Citizens, invited the Police Jurors to a meeting on April 12, 2001 at 7:00 p.m. at the Cabrini Mediplex regarding Senator James David Cain's proposal for ground water protection.
On motion by Mr. Richard Nunnally, seconded by Mr. Richard Billings, that there being no further business, the meeting be declared adjourned. On vote the motion carried at 4:20 p.m.
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Angie Richmond, Secretary Scott Perry Jr., President
Rapides Parish Police Jury Rapides Parish Police Jury