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, September 10, 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, Ezra L. Reed, Myron K. Lawson, Richard L. Nunnally, Joe Fuller and Richard W. Billings.

Police Juror Steve P. Bordelon was absent.

Also present were Mr. Tim Ware, Treasurer; Ms. Jan Haworth, Economic and Workforce Development Director; Ms. Donna Andries, Sales Tax Administrator; Mr. Carroll Bruce, Courthouse and Jail Building Superintendent; Mr. Felix Mouton, WIA Operations Director; 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. Ezra Reed.

The Pledge of Allegiance was led by Mr. Don Wilmore.

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.

The President asked for a moment of silence in memory of the late Mr. Wayland Davis, Parish Road Superintendent, which was held.

On motion by Mr. Don Wilmore, seconded by Mr. Joe Fuller, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on August 13, 2001, as published in the Official Journal. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, that approved bills be paid. On vote the motion carried.

On motion by Mr. Joe Fuller, seconded by Mr. Richard Billings, to accept the Treasurer's Report. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Joe Fuller, to appoint Mr. Charles Waites to the England Economic and Industrial Development District for a four year term, term will expire on September 10, 2005, and express appreciation to Mr. Lane Cripps, who does not wish to continue to serve because of his increased workload, for his service representing the Rapides Parish Police Jury. On vote the motion carried.

Laid over was the appointment to the Civil Service Board for three year term to fill the expiring term of Ms. Beverly Ingram, nominee of Louisiana College, term will expire on August 17, 2001, until nominations could be received.

Laid over was the appointment to the Emergency Medical Care Board for three year term to fill the expiring term of Mr. Kevin D. Snyder, representing the Police Jury, term will expire on September 19, 2001.

The President announced the following appointments were to be made at the next meeting to:

Fire District No. 3 Civil Service Board to fill the expiring term of Mrs. Suzy Berry, nominated by Louisiana College, term will expire on October 10, 2001;

Housing Authority for five year term to fill the expiring term of Mr. Lamar Joffrion, term will expire on November 9, 2001 and

Esler Industrial Development Area Advisory Board for a five year term to fill the expiring term of Mr. John E. Allen Jr., representing District F, term will expire on November 29, 2001.

On motion by Mr. Don Wilmore, seconded by Mr. Myron Lawson, to waive the thirty day announcement rule and reappoint Mr. Lamar Joffrion to the Rapides Parish Housing Authority for a five year term, term will expire on November 9, 2006. On vote the motion carried.

On motion by Mr. Don Wilmore, seconded by Mr. Richard Billings, to open the public hearing on proposed condemnation of properties in accordance with the Rapides Parish Code of Ordinances Section 8-1/4, as authorized by the Rapides Parish Police Jury. On vote the motion carried.

Keithen A. Rosser 1911 Shirley Street, Lot 10, Square 4, K.P.D.R. Heights Subdivision, Section 13, T4N-R1W, Ward 8, District I, Rapides Parish, burnt house in unsafe and unsanitary condition

(Service by Sheriff on ______)

Timothy Charles corner of Doris Street and Henry Street,

Danforth and Lot 25, Square 2, K.P.D.R. Heights

Kathryn Sue Subdivision, Section 13, T4N-R1W, Ward 8,

Conkle Danforth District I, Rapides Parish, abandoned and dilapidated house in unsafe and unsanitary condition

(Service by Sheriff on September 10)

Charles O. Sneed Jr. 1712 Henry Street, Lot 5, Square 1, K.P.D.R. Heights Subdivision, Section 13, T4N-R1W, Ward 8, District I, Rapides Parish, burnt house in unsafe and unsanitary condition

(Service by Sheriff on ______)

Ronald B. Nelson Harlem Road, part of Lot 17, Square 7, R.E. McKnight Subdivision, Section 22, T4N-R1E, Ward 9, District B, Rapides Parish, unsafe and unsanitary structure

(Service by Sheriff on ______)

Mr. Tom Wells, Legal Counsel, asked consideration of the properties be laid over until service on the property owners could be made.

Motion by Mr. Richard Billings, seconded by Mr. Richard Nunnally, that the public hearing on the proposed condemnations be laid over.

Mr. Timothy Danforth, owner of the property located at the corner of Doris Street and Henry Street, advised he had filed complaints against two or three other houses in his neighborhood, which were essentially the remains of burnt structures, dangerous and unstable. He distributed three pictures of the structures. He contended his property in question was being used as a storage building; he was paying taxes and utilities on it; it was not an unsafe and unsanitary structure; and he was only cited by the Parish Inspector because of his complaint against others.

On motion by Mr. Don Wilmore, seconded by Mr. Joe Fuller, to lay over the proposed condemnation of the structures at 1911 Shirley Street and 1712 Henry Street and a certain structure located on Harlem Road until service on the property owners could be made and to send the Parish Inspector, accompanied by an impartial observer, to re-inspect the structure located at the corner of Doris Street and Henry Street for a report back to the Police Jury. On vote the motion carried.

There being no one else who wished to be heard, the public hearing was then declared closed.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, the following ordinance was presented, as recommended by Legal Counsel, and on vote unanimously adopted:

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTIONS 22-110 AND 22-130 ET SEQ. SUBDIVISION PRELIMINARY AND FINAL PLAT REQUIREMENTS UNDER THE RAPIDES PARISH CODE OF ORDINANCES SO AS TO INCLUDE NEW SUBSECTIONS REQUIRING ADJACENT OR EXISTING ROADS BE IDENTIFIED WHETHER BY FORMAL DEDICATION OR TACIT WITH DIMENSIONS MAINTAINED.

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 10th day of September, 2001, that Section 22-130 et seq. is hereby amended and reenacted to include the following new subsection as follows:

Chapter 22. Subdivisions

Article III. Procedures

Section 22-110. Preliminary plat.

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Subsection 22-114. The following information shall be included on the preliminary plat:

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Section 22-130. Final plat.

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Subsection 22-131. The final plat shall have all information required in Section 22-110 and, in addition, specific information listed below:

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BE IT FURTHER ORDAINED that Section 22-290 Penalties for violation shall specifically be applied with this new Subsection.

BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.

THUS DONE AND SIGNED on this 10th day of September, 2001.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to authorize to enter into a Cooperative Endeavor Agreement with the Gulf Coast Strategic Highway System for participation by the Rapides Parish Police Jury in the amount of $1,000 from the District F Economic Development line item in the General Fund in support of efforts to have US 190/28 four-laned from Sonora, Texas, through Alexandria, Louisiana, to Laurel, Mississippi, and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to award Bid No. 1791 Turkey Creek Road Improvements, Capital Outlay Project No. 50-J40-00B-01, to the low bidder W. E. McDonald in the amount of $123,976.75, as approved by the Louisiana Office of Facility Planning and Control, as recommended by the Public Works Director, Treasurer and Purchasing Agent. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to waive the forty foot culvert limitation and authorize the Parish Highway Department to install approximately 100 feet of 24 inch pipe and one catch basin at 76 Bayou Oaks for Mr. Rickey Nguyon, District E, the property owner to furnish culverts and catch basin and the Parish Highway Department to install and backfill. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to waive the forty foot culvert limitation and authorize the Parish Highway Department to install approximately 60 feet of 18 inch pipe and one catch basin at 490 Mossy Point for Ms. JoAnn McDaniel, District I, the property owner to furnish culverts and catch basin and the Parish Highway Department to install and backfill. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to delete the following assets from the Parish Highway Department Asset/Inventory Program for the reasons listed as follows:

Asset

No. Description Purchased Disposal

6333 Portable Radio 6-20-90 scrap for parts

7127 Aluminum Boat 12-19-95 scrap

2720 Projector, Carousel 7-1-77 scrap for auction

2996 Tank, Reserve 7-1-66 scrap

5794 Chainsaw 7-5-90 stolen/lost

2831 Air Conditioner 7-1-73 scrap for auction

2934 Valve Refacer 7-1-66 scrap for auction

2960 Battery Charger 7-1-71 stolen/lost

5110 Waterpump 9-17-85 scrap

7728 Striper 11-6-97 scrap for auction

5926 Jack 2-6-91 stolen/lost

5049 Lawn Mower 4-30-85 scrap for auction

4921 Wrench 8-8-84 scrap

2959 Floor Scrubber 7-1-71 scrap for auction

5207 1988 Grader 1-18-88 auction

5417 1987 Dodge 2-23-88 auction

8230 Chainsaw 6-2-99 stolen

8509 Limb Cutter 10-26-00 stolen

7220 Chainsaw 3-29-96 stolen

5079 Campershell 6-28-85 scrap for auction

7741 Chainsaw 12-27-97 stolen/lost

2922 Service Jack 7-1-71 scrap for auction

2939 Service Jack 7-1-69 scrap for auction

On vote the motion carried.

The President next opened to receive a recommendation from Legal Counsel on Cedar Crest Subdivision after meeting with the Public Works Director.

Mr. Wells advised he had met with the Public Works Director and they had requested the Rapides Area Planning Commission and the developer of Cedar Crest Subdivision to amend the subdivision plat to accurately reflect the Parish's working easement on Barron Chappel Road, being varying widths of 18' to 19' feet from centerline as opposed to 30' on either side of centerline as shown on the plat, within 15 days. If the amended plat is not furnished within 15 days, Mr. Wells requested the Police Jury to take additional action to require those amendments.

On motion by Mr. Ezra Reed, seconded by Mr. Joe Fuller, Mr. Richard Nunnally and Mr. Richard Billings, to request the Rapides Area Planning Commission and the developer of Cedar Crest Subdivision to amend the plat of Cedar Crest Subdivision to accurately reflect the Parish's working easement on Barron Chappel Road within 15 days, additional action is authorized to be taken by the Police Jury upon failure to provide an amended plat within the 15 day period. On vote the motion carried.

Mr. Blaine Tam, resident of Barron Chappel Road, expressed concern that the designation of a 60' right of way on Barron Chappel Road on the Cedar Crest Subdivision plat affected all property owners along the road, not just the properties within the subdivision.

On motion by Mr. Joe Fuller, seconded by Mr. Ezra Reed, to request Legal Counsel to look at the concerns of the property owners resulting from the incorrect designation of the right of way on Barron Chappel Road for a report back to the Police Jury on whether the amended plat on Cedar Crest Subdivision to be filed would correct the situation; further, a copy of the report from Legal Counsel when received to be sent to the property owners that filed the petition opposing the widening of the Road. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to authorize the Public Works Director and Purchasing Agent to secure bids for mowing parish roadside rights of way for the year 2002, to be paid out of Road and Bridge Funds. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to delay action on filling the position of Road Superintendent. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, 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 and on vote unanimously adopted:

AN ORDINANCE TO AMEND CHAPTER 4 ALCOHOLIC BEVERAGES BY AMENDING PROHIBITED ACTS TO INCLUDE PROHIBITING NUDITY ON PREMISES, AND TO INCREASE PENALTY FROM $300 TO $500; AMEND CHAPTER 5 AMUSEMENTS AND ENTERTAINMENTS, ARTICLE IV ADULT ENTERTAINMENTS, DIVISION 2 SEXUALLY ORIENTED BUSINESSES BY ADDING A SEVERABILITY SECTION; AND ENACT ARTICLE V OF CHAPTER 5 AMUSEMENTS AND ENTERTAINMENTS PROVIDING FOR CERTIFICATES OF QUALIFICATIONS REQUIRED OF EXOTIC DANCERS AND OTHER RELATED PROVISIONS.

Ordinance

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on the 10th day of September, 2001, that Article I of Chapter 4 is hereby amended to add subsection 9 to Section 4-25 Prohibited Acts, add Section 4-31 prohibiting nudity on premises which permits consumption of alcoholic beverages at their place of business, renumber and amend Section 4-31 violations, penalty to Section 4-32 and increase maximum of penalty for violations, changes shown by the underlines, as follows:

CHAPTER 4. ALCOHOLIC BEVERAGES

ARTICLE I. IN GENERAL

SECTION 4-25. Prohibited acts on licensed retail premises; suspension or revocation of permits.

***

9) Permit or allow any nude or partially nude person, dancer, host, hostess, waiter or waitress on the premises whether in the capacity of an employee, entertainer, guest, invitee, patron, or otherwise.

(a) For the purpose of this article, the word "premises" shall be taken to mean any place of the lot or parcel of ground where the business is located.

(b) For the purpose of this article, the word "nude" shall be taken to mean a person who is less than completely or opaquely covered such as to expose to view that person's genitals and/or pubic region, all of buttocks area or the female breast area below a point immediately above the top part of the aureole.

* * *

(a) For the purpose of this article, the word "premises" shall be taken to mean any place of the lot or parcel of ground where the business is located.

(b) For the purpose of this article, the word "nude" shall be taken to mean a person who is less than completely or opaquely covered such as to expose to view that person's genitals and/or pubic region, all of buttocks area or the female breast area below a point immediately above the top part of the aureole.

BE IT FURTHER ORDAINED that Division 2 of Article IV of Chapter 5 is hereby amended to include the following new section:

CHAPTER 5. AMUSEMENTS AND ENTERTAINMENTS

ARTICLE IV. ADULT ENTERTAINMENTS

DIVISION 2. SEXUALLY ORIENTED BUSINESSES

BE IT FURTHER ORDAINED that Article V of Chapter 5 is hereby enacted to include the following new sections:

CHAPTER 5. AMUSEMENTS AND ENTERTAINMENTS

Purpose of Chapter, certificates required.

In order to further carry out the regulations of businesses involved in public entertainment and amusement as authorized by Title 4 of the Louisiana Revised Statutes and under the express authority granted in R.S. 4:7 and 33:1236 and in order to further protect the health, safety and morals of the citizens of the parish, no person shall employ any male or female entertainers commonly known as "exotic dancers" unless such entertainers have been issued a certificate of qualification by the Sales and Use Tax Collector. No person shall hire any male impersonating a female as an "exotic dancer" or barmaid, or any female impersonating a male as an "exotic dancer" or bartender.

Definitions.

The following words and phrases, when used in this chapter, shall having the meanings respectively ascribed to them:

A female impersonator is any male who disguises himself as a female by means of clothes, wigs, makeup and any other means to resemble or impersonate a person of the female sex; and a male impersonator is any female who disguises herself as a male by means of clothes, wigs, makeup and any other means to resemble or impersonate a person of the male sex.

Exotic dancer is a male or female hired to dance, gyrate, twist or do any other physical performance on the floor, tables, stage or other contrivance located in or on the premises.

Qualifications.

(a) No person shall be hired to perform as an "exotic dancer" without having been certified as qualified to do so by the Sales and Use Tax Collector and without having complied with the provisions of this section. Each person holding a certificate of qualification shall have that certificate in the licensed establishment or in his or her immediate possession at all times when performing as an "exotic dancer", gyrator, twister or other physical performer and shall exhibit it upon demand of any law enforcement officer.

(b) Each applicant for a certificate of qualification to perform as an "exotic dancer" shall present to the Sales Tax Department a photograph of himself or herself of the size designated by the Sales and Use Tax Collector and shall be fingerprinted by the sheriff's department.

(c) Each applicant shall pay to the Sales Tax Department at the time of issuing such certificate of qualification a fee of One hundred dollars ($100.00) to cover the cost of issuing such certificate; and such certificate shall be valid for a period of one (1) year unless sooner revoked, cancelled or suspended, and shall expire one (1) year from the date the certificate is issued.

(d) Each certificate holder shall notify the Sales and Use Tax Collector or his/her designated representative of any change of residence address or any change of place of employment with twenty-four hours of such change. If any certificate holder shall be employed in more than one (1) place, he or she shall so notify the Sales Tax Department.

(e) The application for a certificate of qualification shall be in writing and sworn to and shall contain the full name and correct address of the applicant and any other pertinent information requested.

(f) The Sales Tax Department may refuse to issue a certificate of qualification to perform as an "exotic dancer" to any person in the interest of the public health, safety and morals.

(g) Any felony, narcotics, drug or prostitution conviction subsequent to issuing a certificate of qualification shall result in immediate revocation of the certificate.

(h) Any person convicted of performing as an "exotic dancer" without having a certificate of qualification to do so shall be punished by a fine of not more than Five hundred dollars ($500.00) or imprisonment of not more than Thirty (30) days, or both at discretion of the judge.

(i) Any person holding any license which permits the operation of a house of public entertainment or place of amusement or business shall be subject to suspension or revocation of his license if convicted of hiring uncertified "exotic" entertainers in his establishment.

(j) Any person aggrieved by the decision of the Sales Tax Department to refuse to issue, or to suspend or revoke a certificate of qualification may take a devolutive appeal therefrom to the Police Jury within fifteen (15) days of written notification of such decision. The appeal must be taken by submitting a written request therefor to the Secretary of the Police Jury. The Police Jury shall hear the appeal within twenty (20) days of receipt of notice by the Secretary of the Police Jury. The decision of the Sales Tax Department shall be final unless appealed within the time, and in the manner, set forth above.

Application for renewal of certificate shall be sworn to.

All applications for renewal of certificates under the Chapter shall be sworn to before a notary public or other person qualified to administer oaths or affirmations.

Illegal to act as solicitor.

It shall be illegal for any person certified as qualified under the provisions of this chapter to solicit or induce any person on such premises to purchase for himself or for such solicitor or any other person any beverage or other product of whatever kind sold in such establishment and it shall be immaterial whether or not such solicitor realizes or expects to realize any profit or reward of a result of such solicitation.

BE IT FURTHER ORDAINED that if any provision or item of this chapter or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications, and to this end, the provisions of this act are hereby declared severable.

BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.

BE IT FURTHER ORDAINED in all other respects Chapter 4 and Chapter 5 of the Rapides Parish Code of Ordinances shall remain unchanged.

THUS PASSED AN APPROVED on this 10th day of September, 2001.

On motion by Mr. Richard Billings, seconded by Mr. Joe Fuller, the following ordinance was presented and on vote unanimously adopted:

AN ORDINANCE TO AMEND DIVISION 2 SEXUALLY ORIENTED BUSINESSES OF ARTICLE IV ADULT ENTERTAINMENTS OF CHAPTER 5 AMUSEMENTS AND ENTERTAINMENTS SO AS TO SPECIFY PROTECTED PROPERTIES BY REFERENCE IN THE MEASUREMENT PROVISIONS AND TO CLARIFY THE LICENSES CITED IN SECTION 5-64.

Ordinance

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on the 10th day of September, 2001, that Division 2 of Article IV of Chapter 5 is hereby amended to revise Sections 5-63 (1) and 5-64 (2) by clarifying the measurement of the location restrictions to be by reference to those protected facilities, and to amend Section 5-64 (1) to clarify the licenses, shown by the underlines, as follows:

Section 5-62. Location requirements.

(1) No sexually oriented business shall be operated within two thousand feet (2,000') 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 two thousand feet (2,000') of a subdivision which has been approved by the Rapides Parish Police Jury.

Sec. 5-63. 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 the structures listed in Section 5-62.

(2) Measurement between any two (2) 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.

Section 5-64. Nonconforming.

(1) Any person or entity holding a sexually oriented business license or 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 the structures listed in Section 5-62 within two thousand feet (2,000') of the sexually oriented business.

BE IT FURTHER ORDAINED that if any provision or item of this chapter or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications, and to this end, the provisions of this act are hereby declared severable.

BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.

BE IT FURTHER ORDAINED in all other respects Chapter 5 of the Rapides Parish Code of Ordinances shall remain unchanged.

THUS PASSED AN APPROVED on this 10th day of September, 2001.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, the following resolution was presented:

RESOLUTION

WHEREAS, William Earl Hilton, Tax Collector, has exhibited to the Rapides Parish Police Jury satisfactory evidence that all taxes due the Rapides Parish Police Jury shown on the ad valorem tax rolls for Rapides Parish for the year 2000 have been paid or accounted for,

THEREFORE, we hereby authorize the issuance of a quietus on the part of the Rapides Parish Police Jury in favor of William Earl Hilton, Tax Collector, and against any claim on the part of the Rapides Parish Police Jury for the ad valorem taxes of the year 2000, and do hereby authorize Tim Ware, Treasurer, to issue said quietus.

This resolution having been submitted to a vote, the vote thereon was as follows:

YEAS: Scott Perry Jr., Donald H. Wilmore, Davron "Bubba" Moreau, Ezra L. Reed, Myron K. Lawson, Richard L. Nunnally, Joe Fuller and Richard W. Billings

NAYS: None.

ABSENT: Steve P. Bordelon

And the resolution was declared adopted on this the 10th day of September, 2001.

QUIETUS

Alexandria, Louisiana

September 10, 2001

WHEREAS, William Earl Hilton, Tax Collector, has exhibited to the Rapides Parish Police Jury satisfactory evidence that all taxes due to the Parish governing authority shown on the ad valorem tax rolls of Rapides Parish for the year 2000 have been paid or accounted for, and

WHEREAS, the said Rapides Parish Police Jury has by resolution, a copy of which is annexed hereto, authorized me to issue this quietus on behalf of the Rapides Parish Police Jury in favor of the said William Earl Hilton, Tax Collector, and against any claim on the part of the Rapides Parish Police Jury for the ad valorem taxes of the year 2000.

s/Tim Ware, Treasurer

Rapides Parish Police Jury

Motion by Mr. Myron Lawson, seconded by Mr. Joe Fuller, to recognize Mr. David Hiegel, Natural Hazards Program Specialist for Region VI, Mitigation Division of the Federal Emergency Management Agency, to discuss the possibility of updating the FIRM maps for Rapides Parish. (No vote taken on the motion.)

Mr. Hiegel first commended Ms. Melissa Becker, the RAPC Floodplain Administrator. He next distributed copies of a proposed Federal Emergency Management Agency Cooperating Technical Partners Memorandum of Agreement. He explained this agreement allows those communities participating to identify and map their flood risk for incorporation in the official FEMA flood hazard information and maximizes limited funding by combining resources and aligning objectives of FEMA and the partner. At this time, Rapides Parish ranked low on the priority list for survey or engineering to revise the FIRM maps. The last revisions to the FIRM maps were in 1999 for the southeastern portion of Rapides, in 1997 for the center and northeastern portion, and in 1984 for the remaining areas. A community could provide the funds for manpower for engineering surveyors, a cost sharing method, or a community could have the work done on its own with technical support from Fema up front to the final engineering analysis. The FEMA budget for 2002 had not yet been set. He suggested the next step would be for the Parish answer the question on which areas of the Parish would need to be reviewed or whether it would be the entire Parish - a needs survey. Further surveys to be conducted would be jurisdiction changes and flood data. A flood study, if desired, for engineering analysis is about $8,000 per stream mile. He noted Mr. Ted DeBaene had done some of this type of engineering work in Rapides Parish, flood insurance studies, engineering analysis and determinations of flood elevations and boundaries.

Several citizens addressed the Police Jury with their concerns on the need for revisions to the FIRM, including Mr. Danny Britt, Mr. Sylvester Coleman, Mr. Harmon Belgard, Mr. Bob Corley, Mr. Joe Page, Mr. Frank Howard, and Ms. Wardsworth.

Mr. Ted DeBaene, of Owen and White Inc., suggested first the streams be identified, then the areas to be studied identified, in order to determine the costs and available funding, and next to develop the agreement with FEMA. He noted updated data on the Red River is available from the Corps of Engineers, which should be part of the overall program.

On motion by Mr. Myron Lawson, seconded by Mr. Don Wilmore, that the Rapides Parish Police Jury will do all things proper and necessary to begin the process to look at the floodplains of Rapides Parish, with the intent to identify the areas deemed for study in the flood zone.

Amendment by Mr. Joe Fuller, that the Rapides Area Planning Commission be the lead agency on the project, as the the City of Alexandria is a member government of the Rapides Area Planning Commission, and also to request the Rapides Area Planning Commission to consider working with Owen and White Inc.

Mr. Lawson accepted the amendment into his original motion.

On vote the motion as amended carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to award Request for Proposal No. 1792 Commercial Auto, Property and Inland Marine Insurance to the low bidder, the Crick Agency, in the amount of $127,041, as recommended by the Treasurer and Purchasing Agent. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, that the Rapides Parish Police Jury does hereby commend Scott and Doris Perry on their 50th Wedding Anniversary. On vote the motion carried.

The President next opened to receive a presentation from Mr. D. Strader Taylor, President of Northcoast Administrative Consultants, Inc., consultant for the past 18 years.

Mr. Taylor briefly reviewed the changes under Federal regulations from JTPA to Workforce Investment Act, Welfare-to-Work, and other programs, on July 1, 2000, and the resultant changes in the Rapides Parish JTPA Department to the Workforce Development Office, WIA Operations Office, and Workforce Investment Board, which have been having difficulties implementing the changes. He advised he will conduct intensive monitoring on the Parish programs until at least the end of the year with bimonthly reports to the President and monthly reports to the Police Jury.

On motion by Mr. Joe Fuller, seconded by Mr. Richard Billings, to accept the report presented by Mr. D. Strader Taylor, President of Northcoast Administrative Consultants Inc., and it be made a part of the record. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to authorize the expenses of the Secretary to attend an Employee Behavior Workshop to be held on November 6, 2001 in Alexandria, to be paid out of the General Administrative Fund. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to relocate the GED program in accordance with the request of the Louisiana Department of Social Services to office space located at Walk by Faith, Inc., and to authorize the President to sign a lease in the amount of $4,000, expenses to be paid out of FindWork GED contract. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to secure quotes/bids and enter into an agreement with the bidder with the lowest quote for purchase and set up of a portable climate-controlled storage building for OEWD building. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to approve modifications to Year 5 School-to-work contracts for school-to-work activities as follows: Catahoula Parish School Board, increase contract amount by $6,500; LaSalle Parish School Board, increase contract amount by $9,000; Rapides Parish School Board, increase contract amount by $15,000; Vernon Parish, increase contract amount by $16,000; and Winn Parish School Board, increase contract amount by $3,000; to authorize the President to sign the modifications, and the Treasurer to amend the budget as necessary. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to approve a transportation contract with C. T. Courier Services, Inc. dba Red River Transport in the amount of $9,990, contract to be paid with YouthBuild funds, to 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. Ezra Reed, seconded by Mr. Richard Billings, to approve modification to contract with Walk by Faith, Inc., for welfare-to-work job retention services; to extend the contract to September 30, 2002; to authorize the President to sign the modification, and the Treasurer to amend the budget as necessary, modification to be effective September 30, 2001. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, the following ordinance was presented, being the adoption of Plan "5", as follows, and was on vote unanimously adopted:

ORDINANCE

AN ORDINANCE TO REDISTRICT RAPIDES PARISH INTO NINE POLICE JURY DISTRICTS, TO DEFINE THE BOUNDARIES THEREOF, TO PROVIDE THE EFFECTIVE DATE FOR SAID REAPPORTIONMENT; AND TO AMEND THE VISIBLE PRECINCT BOUNDARIES TO ACCOMMODATE REAPPORTIONMENT.

WHEREAS, Revised Statute Title 33 Section 1411 of the State of Louisiana requires all parish governing authorities to determine whether there exists substantial variation in the representation of the election districts within six months after the official release of every decennial census; and,

WHEREAS, the present apportionment plan of the Parish has been examined as a committee as a whole; and,

WHEREAS, the Rapides Parish Police Jury has determined its existing apportionment is not equitable and, in accordance with the law, a new apportionment plan must be drawn, which plan shall be effective at the end of the term of the incumbent Police Jurors; and

WHEREAS, it has been further determined that certain subdivisions of precinct boundaries will be required for the Rapides Parish Police Jury to create its reapportionment plan to meet applicable state and federal guidelines and hereby acts under the provisions of Louisiana Revised Statutes 18:532.1 H(2);

NOW, THEREFORE, BE IT ENACTED BY THE RAPIDES PARISH POLICE JURY:

SECTION 1. Rapides Parish is hereby redistricted into nine (9) Police Jury Districts, whose boundaries are described as follows, to be composed of the following precincts of Rapides Parish:

Precincts N6, N15, N16, N17, N18, N19, N20, N21.

Precincts N1, N2, N3, N4, N5, N8, N9, N10, N11, N29.

Precincts N7, N12, N13, N14, N22, N23, N24, N25, N26, N27, N28.

Precincts C1, C2, C3, C4, C11, C12, C14, C15, C16, C40.

Precincts C22, C23, C34, C37, C41, S1, S2, S3, S4, S5, S6, S7, S8, S9, S11, S12, S14.

Precincts C5, C6, C7, C8, C9, C10, C20, C21, S15, S20.

Precincts C24, C25, C26, C30, C31, C32, C33, C35, C36, C42.

Precincts S10, S13, S16, S17, S18, S19, S21, S22, S23, S24, S25, S26, S27, S28, S29.

Precincts C13, C17, C18, C19, C27, C28, C29, C38, C39.

All of the above-described districts are particularly shown on the map of Rapides Parish, which is marked "Exhibit A" and paraphed "Ne Varietur" as identification with this resolution.

SECTION 2. The Rapides Parish Police Jury shall be composed of nine (9) members with one (1) member being elected from each of the above described districts.

SECTION 3. This reapportionment and redistricting shall become effective at the end of the term of the incumbent officials, the first election under this Ordinance shall be at the next general election.

SECTION 4. This redistricting and reapportionment shall not affect existing tax or bonding districts, which tax and bond districts shall remain in full force and effect as otherwise provided by law.

BE IT FURTHER ORDAINED that the ordinances of the Rapides Parish Police Jury adopted on the 13th day of April, 1998, amended on the 11th day of May, 1998, and amended on 8th day of June, 1998, is hereby amended and re-enacted to include the following five (5) additional precinct boundaries and to change or redefine the boundary description of certain precincts subdivided to accommodate reapportionment, as follows:

SECTION 1. In accordance with the provisions of the Louisiana Election Code, and in particular with Louisiana Revised Statutes Title 18 Section 532.1, the Police Jury of the Parish of Rapides does hereby amend, re-enact, establish and define or redefine the territorial limits of certain precincts within the Parish of Rapides, State of Louisiana, all boundaries being clearly observable and coinciding with visible features readily distinguishable on the ground as follows:

Rapides Parish

Additional or Changed (Redefined) Precinct Boundaries Descriptions

All boundary lines follow the center line of said physical feature, be it man-made or natural, unless otherwise stated.

Boundary directions follow the center line of the last said feature until the intersection of the center line of the next stated feature unless otherwise specified.

Precinct C14 (change)

Commence with the intersection of LA Hwy 1 and US Hwy 71/165, southwest on US Hwy 71/165 to Bayou Rapides, southwest to an unnamed drainage feature in Section 25, T4N-R1W, southeast to Browns Bend Road, northeast to England Drive, southeast to LaSalle Drive, northeast to Mimosa Drive, east to Pin Oak Drive, north to Enterprise Road, east to LA Hwy 1, southeast to US Hwy 71/165, which is the point of beginning.

Precinct C39 (additional)

Commence at the intersection of LA Hwy 1 and Enterprise Road, west on Enterprise Road to Pin Oak Drive, south to Mimosa Drive, west to LaSalle Drive, southwest to England Drive, northwest to Browns Bend Road, southwest to an unnamed drainage feature in Section 25, T4N-R1W, northwest to Bayou Rapides, north to Plantation Road, northwest to England Drive, northeast to Construction Road, north to LA Hwy 1, southeast to Enterprise Road, which is the point of beginning.

Precinct C18 (change)

Commence with the intersection of Vance Avenue and Chester Street, northwest on Chester Street to Albert Street, northeast to Bolton Avenue, southeast to Lee Street, south to Vance Avenue, southwest to Chester Street, which is the point of beginning.

Precinct C40 (additional)

Precinct C35 (change)

Commence with the intersection of Versailles Boulevard and Bayou Robert, southwest on Bayou Robert to Terra Avenue, west to the Diversion Canal, northeast to Versailles Boulevard, east to Bayou Robert, which is the point of beginning.

Precinct C41 (additional)

Precinct C34 (change)

Commence with the intersection of Horseshoe Drive and Masonic Drive, southwest on Masonic Drive to the Diversion Canal, northwest to Twin Bridges Road, northeast to Bayou Robert, southwest to Lodi Road, south and east to Bowie Drive, north to an unnamed drainage feature dividing Landmark Subdivision and Penny Acres Subdivision, northeast to Bayou Robert, east to Boeuf Trace, northeast to Horseshoe drive, east to Masonic Drive, which is the point of beginning.

Precinct C42 (additional)

Precinct S10 (change)

Commence with the intersection of LA Hwy 121 and LA Hwy 1199, south on LA Hwy 1199 to LA Hwy 112, east to Spring Creek, southeast to Ahtus Melder Road, west to Tatoo Road, west to Lemeuse Creek, southwest to Calcasieu River, northwest to Rapides Parish/Vernon Parish boundary, north to LA Hwy 465, east to LA Hwy 121, northeast to LA Hwy 1199 which is the point of beginning.

Precinct S7 (additional)

Commence at the intersection of LA Hwy 28 West and LA Hwy 121, south on LA Hwy 121 to LA Hwy 465, west to Rapides Parish/Vernon Parish boundary, north to LA Hwy 28 West, northeast to LA Hwy 121 which is the point of beginning.

SECTION 2. In all other respects the precinct boundaries descriptions previously established shall remain unchanged.

SECTION 3. The precincts established by this ordinance shall be effective for the following purposes at the following times:

(1) on or after September 10, 2001 for the purpose of apportionment of elected officials and governing bodies.

(2) not later than December 31, 2001 for all purposes, subject to preclearance by the U.S. Department of Justice.

SECTION 4. This reapportionment of the Rapides Parish Police Jury shall be effective at the term of the incumbent Police Jurors.

SECTION 5. 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.

SECTION 6. A certified copy of this ordinance for a reapportionment plan shall be sent to the Secretary of State, the Commissioner of Elections, the Secretary of the Senate, the Clerk of the House of Representatives and the Registrar of Voters in accordance with LARS 18:532.1 G(2)(c).

And the ordinance was declared adopted on this 10th day of September, 2001.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, the following resolution was presented, as recommended by the Registrar of Voters, and on vote unanimously adopted:

Resolution

BE IT RESOLVED the Rapides Parish Police Jury does hereby select and designate the following polling places for the newly created subdivided precincts, as follows:

C39 North Bayou Rapides Elementary School

C40 Bolton High School

C41 Alexandria Senior High School

C42 Cherokee Elementary School

S7 Oak Hill School

BE IT FURTHER RESOLVED that a copy of this resolution be submitted to the U.S. Department of Justice for preclearance.

THUS PASSED AND APPROVED on this 10th day of September, 2001.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to request the City of Alexandria to enter into an Intergovernmental Agreement with the Rapides Parish Police Jury, as owner of the Coliseum, for the City to assist with labor and equipment to install additional 30 amp recreational vehicle hook-ups at the Coliseum for the October Good Sam Club event, materials to be provided by the Coliseum Authority, and authorize the President to sign same. On vote the motion carried.

The President next opened for discussion with the Chairman of the Coliseum Authority and other Coliseum Authority members the request of the Coliseum Authority that the Police Jury loan the Coliseum the January, February and March 2002 rental income from the Coliseum Office Complex in early September, 2001, and it be repaid by the revenue as received by the Police Jury.

Mr. Tim Ware, Treasurer, distributed a summary of cash on hand statements for the years 1997-2000 extracted from the audits of the Coliseum.

Mr. Donald Guillory, Director of the Coliseum, and members of the Coliseum Authority, including Mr. Jimbo Thiels and Mr. Edmond Hays, asked the Police Jury to advance them the office rent because utilities costs were up 30% and revenue was down 20%.

Mr. Ware advised that the Police Jury paid the air conditioning loan payment of $21,638.33 for the Coliseum on April 9, 2001, which was why the Coliseum did not receive the office rent revenue directly in those three months, which is $7,029.26 per month from the State and $1,000 per month from the Planning Commission. The Coliseum has received about $32,000 this year and it was expected that the Coliseum would receive $35,000 from the State and $12,000 from the Planning Commission for the rest of the year, about $79,000. Mr. Guillory said if they would receive that amount, the Coliseum would be able to meet its obligations without the loan. No further action was taken.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to designate Mr. Jack Douell, of Frye and Magee Associates, as the local labor compliance officer for the LCDBG Technology Grant. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to authorize the President to accept rights-of-way and drainage easements for the Cloverdale and Grundy Cooper Subdivision Flood Control Improvements, State Project No. 576-40-0015, as recommended by the Public Works Director. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to accept the Contract for Replacement of Chillers at the Rapides Parish Courthouse, as substantially complete as recommended by Barron, Heinberg & Brocato and the Courthouse Building Superintendent, and authorize the President to sign the Notice of Substantial Completion. On vote the motion carried.

Ms. Kathy Sellers Johnson, of the Sellers Group, gave a presentation on a proposal to develop a 32 page magazine as an annual report of the Police Jury in the lump sum amount of $12,800 with printing, distribution and advertisement to be handled by "The Town Talk" with those estimated costs to be between $4,000 to $10,000 for 26,000 copies. No further action was taken at this time.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, the following resolution was presented and on vote unanimously adopted:

RESOLUTION

BE IT RESOLVED by the Rapides Parish Police Jury in Regular Session convened on this 10th day of September, 2001, that it does hereby oppose the proposed congressional redistricting plan for the 5th District, which proposes to split Rapides Parish, moving the southwest portion to the 4th District,

BE IT FURTHER RESOLVED that a copy of this resolution to be sent to the Louisiana Legislative Delegation and Congressional Delegation;

BE IT FURTHER RESOLVED the Rapides Parish Police Jury hereby requests the other Parishes, including Allen, Grant, and Avoyelles, that would be adversely affected by the proposed redistricting plan, to pass resolutions to oppose splitting their Parishes.

THUS PASSED AND APPROVED on this 10th day of September, 2001.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, the following resolution was presented and on vote unanimously adopted:

RESOLUTION

WHEREAS, funds are available through the Governor's Office of Rural Development, as provided under Acts 216 and 396; and,

WHEREAS, the Sieper Water System serves approximately 320 households and is in need of a metal building to house and store various equipment used in operation of the system; and,

WHEREAS, the Sieper Water System and the Rapides Parish Police Jury lacks the necessary funds for purchase of this metal building; and,

NOW, THEREFORE, BE IT RESOLVED that Rapides Parish Police Jury does hereby authorize a submission of an application to the Governor's Office of Rural Development for a grant in the amount of $10,500 to purchase and install a metal building to house and store various equipment used in the operation of the Sieper Water System;

BE IT FURTHER RESOLVED the President is hereby authorized to sign the application and statement of assurances.

PASSED AND APPROVED on this 10th day of September, 2001.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to request Barron, Heinberg and Brocato, Courthouse Architect/Engineer, for a recommendation for a potential energy conservation project to be considered by the Louisiana Department of Natural Resources. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to authorize the Gold Law Firm, who represents the Sales and Use Tax Office, to represent the Rapides Parish Police Jury in the suits regarding protested local sales and use taxes, including Louisiana Unwired, LLC vs. Parish of Rapides Sales and Use Tax Department, Rapides Parish Police Jury and the Rapides Parish School Board, as approved by the District Attorney. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to authorize the expenses of Mr. Steve Fox to attend the LAMCJW annual conference to be held on October 4-5, 2001 in Baton Rouge, to be paid out of the Juvenile Probation Travel Expense line item in the General Fund. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to hire an appraiser to evaluate property of equal value in a land exchange with Ms. Sandra A. Thiels for a location of a new fire station for Fire Protection District No. 2 Fire Service Area No. 1. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to accept the resignation of Mr. R. Bruce Taylor from the Fire Protection District No. 3 Civil Service Board; waive the thirty day announcement rule and appoint Mr. Byron Johnson to fill the vacancy in the unexpired term, representing the Police Jury, term will expire on October 10, 2003. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to proclaim Saturday, September 22, 2001 as FIREFIGHTERS' DAY in Rapides Parish. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to delete the following assets from the Fire Protection District No. 2 Asset/Inventory Program, as no longer suitable for public use:

Asset

No. Description Purchased Disposal

7970 Monitor 5-08-98 scrap

7969 Computer 5-08-98 scrap

7248 Computer 1-19-96 scrap

7249 Monitor 1-19-96 scrap

7247 Computer 1-19-96 scrap

7246 Monitor 1-19-96 scrap

6777 Stove 5-3-94 scrap

On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Joe Fuller, to congratulate the Spring Creek Volunteer Fire Department on the FEMA grant award of $21,000 under the FIRE Act Grant. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to award Bid No. 1794 Lease-Purchase Ten Self-Contained Breathing Apparatuses for Fire Protection District No. 8 to Ferrara Firefighting Equipment, the sole bidder, in the amount of $29,660 and authorize the Treasurer and Purchasing Agent to secure financing as recommended by the Cotile-Gardner Volunteer Fire Association Board of Directors. On vote the motion carried.

On motion by Mr. Joe Fuller, seconded by Mr. Don Wilmore, the following ordinance was presented providing for the dissolution of the Emergency Medical Care Board and transfer of its duties and responsibilities to the Rapides Parish Police Jury, as follows:

ORDINANCE

AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 4-1/2 OF THE RAPIDES PARISH CODE OF ORDINANCES TO DISSOLVE THE EMERGENCY MEDICAL CARE BOARD AND TRANSFER ITS DUTIES AND RESPONSIBILITIES TO THE RAPIDES PARISH POLICE JURY

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on the 10th day of September, 2001, that Section 4-1/2.11 of the Rapides Parish Code of Ordinances pertaining to the Emergency Medical Care Board is hereby repealed in its entirety.

BE IT FURTHER ORDAINED by the Rapides Parish Police Jury in Regular Session convened on the 10th day of September 2001 that Chapter 4-1/2 of the Rapides Parish Code of Ordinances is hereby amended and re-enacted as follows:

Chapter 4-1/2 AMBULANCES AND NONEMERGENCY AMBULANCES

ARTICLE I. IN GENERAL

Secs. 4-1/2.1--4-1/2.10. Reserved.

ARTICLE II. RESERVED.

Secs. 4-1/2.12--4-1/2.21. Reserved.

ARTICLE III. DEFINITIONS

Sec. 4-1/2.22. Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

***

Board: The Rapides Parish Police Jury.

***

ARTICLE IV. AMBULANCES

***

Sec. 4-1/2.25. Decision on applications for Class A license.

(a) Each application for Class A license to operate an ambulance service shall be filed with the secretary of the police jury, who shall forward the application to the President of the Rapides Parish Police Jury.

(b) The President shall refer the application to the ambulance committee of the Police Jury and to legal counsel for review. At the next scheduled committee meeting, or at a time to be determined by the committee, there shall be a report as to whether said application is complete or requires additional information, including information on public need. No application shall be referred to the police jury until it is deemed complete by the committee. An application being deemed complete shall not infer that the applicant has shown a need for another ambulance service in the parish, but shall only mean that the technical portions of the application process have been completed.

(c) Once the application is deemed complete, the committee shall meet to hear the verbal presentation of the applicant, consider the need for another ambulance service in the parish, and determine whether more information is needed to make a recommendation to the police jury or not. The public hearing(s) on each application may take place during one or more regular meeting, or may take place during special scheduled meetings. Any person is entitled to speak at said meetings, within time limits set by the chairman.

If additional information is requested, it shall be received at the next scheduled committee meeting. If no additional information is requested, then the committee shall decide whether to make a favorable or unfavorable recommendation to the police jury. The recommendation to the police jury, whether favorable or unfavorable, shall be in writing, with written reasons by the chairman for the recommendation. Said recommendation shall be delivered to the police jury within thirty (30) days of the decision of the committee.

(d) The police jury, upon receipt of the committee's recommendation, shall refer said recommendation to its next regularly scheduled meeting.

Sec. 4-1/2.26. Requirements for Class A license.

(a) Mandatory requirements for Class A license. Before the committee makes a recommendation and the police jury considers a Class A license application, the applicant must demonstrate that it is capable of complying with the following, on a twenty-four-hour basis:

***

Sec. 4-1/2.36. Maintenance of records by ambulance company.

Each Class A licensed emergency service operator shall maintain for three (3) years a record of each ambulance call and rates charged. These records shall be open to inspection by the police jury and the committee at all times.

***

Sec. 4-1/2.40. Suspension or revocation of license; hearing; notice requirements; appeal.

(a) The police jury, with or without the recommendation of the committee, may suspend or revoke Class A licenses to operate an ambulance service for cause, including noncompliance or violation of any provision of this article.

***

ARTICLE V. NONEMERGENCY AMBULANCES

Sec. 4-1/2.52. Nonemergency ambulance operator's Class B license required.

***

(c) Each applicant shall provide the Police Jury with a self-generated performance evaluation based upon the criteria set out by the American Ambulance Association, said evaluation to include, but not be limited to the following:

***

Sec. 4-1/2.56. Suspension or revocation of license; hearing; notice requirements; appeal.

(a) The police jury, with or without the recommendation of the committee, may suspend or revoke Class B licenses to operate a nonemergency ambulance service for cause, including noncompliance or violation of any provision of this article and/or this chapter.

***

ARTICLE VI. MISCELLANEOUS PROVISIONS

***

Sec. 4-1/2.68. Disposition of funds received by committee.

All funds collected by the committee and/or police jury shall be remitted to the police jury.

***

Sec. 4-1/2.70. Submission of rates to Police Jury.

(a) All ambulance services certified to provide ambulance services (Class A and B) in Rapides Parish shall submit their rates to the Police Jury on or before January 15 of each year. The police jury shall have the right to regulate the rates charged, pursuant to R.S. 33:4791.1 and shall accept or modify the rates received within thirty (30) days of receipt of such rates.

(b) The rates received, accepted and/or modified shall be open to public inspection.

***

Sec. 4-1/2.72. Ambulance service evaluation.

(a) All Class A and Class B ambulance services shall be evaluated by the Police Jury on a yearly basis, said evaluation to be completed by June 30 of each calendar year.

(b) An evaluation report shall be generated in each instance, and said report shall be made available for public inspection. Further, a copy of each evaluation shall be transmitted to the mayor of each incorporated municipality within Rapides Parish.

(c) Each Class A and Class B ambulance service shall make its records available to the Police Jury or its designated agent or agents for a performance evaluation based upon the criteria set out by the American Ambulance Association, said evaluation to include, but not be limited to, the following:

***

BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.

BE IT FURTHER ORDAINED in all other respects Chapter 4-1/2 of the Rapides Parish Code of Ordinances shall remain unchanged.

BE IT FURTHER ORDAINED that the Rapides Parish Police Jury does hereby express its appreciation to the commissioners of the Emergency Medical Care Board for their service on behalf of the citizens of Rapides Parish.

THUS DONE AND SIGNED on this 10th day of September, 2001.

On motion by Mr. Richard Nunnally, seconded by Mr. Don Wilmore, to ask the Chairman of the Emergency Medical Care Board to call a special meeting within sixty days to officially turn over to the Rapides Parish Police Jury all records and correspondence of the Emergency Medical Care Board for the past five years. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, the following resolution was presented and on vote unanimously adopted:

RESOLUTION

A RESOLUTION ENDORSING RICHARD BILLINGS IN HIS CANDIDACY FOR RE-ELECTION AS REGION EIGHT EXECUTIVE BOARD MEMBER ON THE POLICE JURY ASSOCIATION

WHEREAS, Richard Billings has been a member of the Rapides Parish Police Jury for thirteen years; and

WHEREAS, Richard Billings has held various committee chairmanships and has also served as Vice President and President of the Rapides Parish Police Jury; and

WHEREAS, Richard Billings has served as President and Executive Board Member of the 8th Region of the Louisiana Police Jury Association and a member of Governor Mike Foster's Workforce Commission; and

WHEREAS, Richard Billings has served as vice chairman of Agricultural Committee of the National Association of Counties and is a recipient of the National Award of American Hometown Leadership and is keenly aware of the many pressing issues currently existing in our great State; and

NOW, THEREFORE, BE IT RESOLVED that the members of the Rapides Parish Police Jury, in Regular Session convened on this 10th day of September, 2001, does hereby urge all Parishes in the 8th Police Jury Region to endorse and support the re-election of Richard Billings for Executive Board Member of the 8th Police Jury Region of the Police Jury Association of Louisiana for the year 2002.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to all Police Juries in the 8th District of the Police Jury Association of Louisiana requesting support for Richard Billings in his candidacy for re-election as Executive Board Member of the 8th Police Jury Region of the Police Jury Association of Louisiana for the year 2000.

THUS PASSED AND APPROVED on this 10th day of September, 2001.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, the following resolution was presented and on vote unanimously adopted:

RESOLUTION

A RESOLUTION ENDORSING JOE FULLER IN HIS CANDIDACY FOR RE-ELECTION AS THIRD VICE PRESIDENT OF THE POLICE JURY ASSOCIATION

WHEREAS, Joe Fuller is currently serving in his third term on the Rapides Parish Police Jury; and,

WHEREAS, Joe Fuller has held various committee chairmanships and has also served as President of the Rapides Parish Police Jury; and

WHEREAS, Joe Fuller has served as President of the Louisiana Black Caucus of the Police Jury Association, as Treasurer and Vice President of the National Association of Black County Officials, and as Member of the Public Safety Steering Committee of the National Association of Counties; and,

WHEREAS, Joe Fuller is currently serving as a Member-At-Large on the Police Jury Association Executive Board; and,

WHEREAS, Joe Fuller has served with distinction, and been very conscientious in discharging his responsibilities; and,

WHEREAS, Joe Fuller has earned the respect and admiration of his fellow parish officials throughout Louisiana for his leadership and judgement; and

NOW THEREFORE BE IT RESOLVED that the Rapides Parish Police Jury in Regular Session convened on this 10th day of September, 2001, does hereby endorse and support Joe Fuller as a candidate for Third Vice President of the Police Jury Association of Louisiana.

BE IT FURTHER RESOLVED the Rapides Parish Police Jury does hereby urge and encourage all Parishes to also endorse and support Joe Fuller for Third Vice President of the Police Jury Association of Louisiana.

THUS PASSED AND APPROVED on this 10th day of September, 2001.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to authorize the expenses of interested Police Jurors and the Treasurer to attend the annual conference of the Organization of Parish Administrative Officials to be held on September 12-14, 2001 in Baton Rouge and to authorize the expenses of interested Police Jurors to attend the NACo Workforce Conference in November in Florida. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to request Capt. Guillory of State Police Troop E and Mr. Wayne Marchand of the Louisiana Department of Transportation and Development for assistance in the dangerous situations occurring with the traffic flow into Alexandria Country Day School, especially speeders on LA 496 coming around the blind curve near Calvert Drive with no advance notice of a school zone and school traffic ahead, and a copy of the previous request to LDOTD be included. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to request Mr. Wayne Marchand of the Louisiana Department of Transportation and Development for the installation of a red light on LA 3128 and LA 107 (Paper Mill Road). On vote the motion carried.

After unanimous vote of the Police Jury, the following items were placed on the Agenda:

The next agenda item was discussion that the new Health Unit Building be named after the late John A. Christophe, Past President of the Rapides Parish Police Jury.

Motion by Mr. Richard Billings, seconded by Mr. Don Wilmore, that the new Health Unit Building be definitely named the Rapides Parish Health Unit and dedicated to the children of Rapides Parish.

On substitute motion by Mr. Myron Lawson, seconded by Mr. Joe Fuller, that the new Health Unit Building be named after the late John A. Christophe.

A roll call vote was called on the substitute motion and was as follows:

YES NO ABSENT

Scott Perry Don Wilmore Steve Bordelon

Ezra Reed Bubba Moreau

Myron Lawson Richard Billings

Joe Fuller

Richard Nunnally

On roll call vote the substitute motion carried 5-3.

Mr. John Miller, Chairman of the Parishwide Sewer Citizens Committee, presented the Committee's recommendations:

a. To allow the permitting process to continue without the requirement of insurance due to such insurance coverage being unobtainable.

b. To add a paragraph to the Sewer Discharge Application Permit under Item V. Permit Conditions, Section 7 to read: I acknowledge it is the responsibility of the permittee to provide monitoring and maintenance of the treatment plant to include maintenance sampling.

Mr. Wells noted that in recent litigation a property owner's homeowner insurance did cover the pollutant discharge from the home and it was no longer an absolute exclusion in a Supreme Court decision. Considerable discussion ensued in which it was generally agreed that the insurance provisions would not be waived because homeowners generally have homeowners' insurance or some type of other insurance.

On motion by Mr. Joe Fuller, seconded by Mr. Don Wilmore, to request Legal Counsel to review the recommendation of the Rapides Area Planning Commission and bring back a recommendation to the Police Jury. On vote the motion carried.

Mr. Jerry Partain gave a presentation on the proposed development of the Hot Wells Health Resort. He distributed a pamphlet and showed plans of the development, which would include a wellness center, a visitor's center, restaurant, spa resort area, and cabins and cabanas. He explained his plans, his experience, the mineral water well, and the financing committed. He asked for an extension of a six month period to continue working on the project.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, to exercise the option of granting the additional six month period in which the Police Jury agreed on February 20, 2001, not to take action on the Hot Wells property for a six month period, in order to allow Mr. Jerry Partain an opportunity to develop a proposal for Hot Wells, copy of this resolution to be sent to our Louisiana Legislative Delegation with a request for their concurrence. On vote the motion carried.

On motion by Mr. Ezra Reed, seconded by Mr. Richard Billings, the following resolution was presented, to adopt the Citizen Participation Plan for the LCDBG applications for FY 2002/2003 program, as recommended by the Consultant Administrator, and on vote unanimously adopted:

RESOLUTION

WHEREAS, the Rapides Parish Police Jury has been informed that the State of Louisiana, Division of Administration, LCDBG Section will be accepting applications in December of 2001 for FY 2002/2003 Louisiana Community Development Block Grants; and,

NOW, THEREFORE, BE IT RESOLVED by the Rapides Parish Police Jury in Regular Session convened on this 10th day of September, 2001, that the following Citizen Participation Plan is hereby adopted:

CITIZEN PARTICIPATION PLAN

The Rapides Parish Police Jury has adopted the following Citizen Participation Plan to meet the citizen participation requirements of Section 508 of the Housing and Community Development Act of 1974, as amended. The Rapides Parish Police Jury is committed through adoption of this plan to full and total involvement of all residents of the community in the composition, implementation and assessment of its Louisiana Community Development Block Grant (LCDBG) Program. Attempts will be made to reach all citizens, with particular emphasis on participation by persons of low and moderate income, residents of slum and blighted areas and of areas in which funds are proposed to be used. A copy of this plan will be made available to the public upon request.

As part of the citizen participation requirements and to maximize citizen interaction, the Rapides Parish Police Jury shall:

1. Provide citizens with reasonable and timely access to local meetings, information and records relating to the State's proposed method of distribution, as required by the Secretary, and relating to the actual use of funds under Title I of the Housing and Community Development Act of 1974, as amended;

2. Provide for public hearings to obtain views and respond to proposals and questions at all stages of the community development program. These hearings will consist of the development of needs, the review of proposed activities, and review of program performance. These hearings will be held after adequate notice of a minimum of five (5) calendar days at times and locations convenient to potential or actual beneficiaries with accommodations for the handicapped;

3. Provide for and encourage citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used;

4. Provide for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals;

5. Where applicable, identify how the needs of non-English speaking residents will be met in the case of public hearings; and

6. Provide for a formal written procedure which will accommodate a timely written response, within fifteen (15) days where practicable, to written complaints and grievances.</