Minutes of St. Mary Parish Council meeting

OFFICIAL PROCEEDINGS OF
THE ST. MARY PARISH COUNCIL OF THE
PARISH OF ST. MARY, STATE OF LOUISIANA

MARCH 23, 2016
FRANKLIN, LOUISIANA

The St. Mary Parish Council met on this date with Chairman Kevin Voisin presiding and the following members present: Rev. Craig Mathews, J Ina, Dale Rogers, Glen Hidalgo, Ken Singleton, Gabriel Beadle, James Bennett, Jr., Sterling Fryou, Paul P. Naquin Jr. and Steve Bierhorst.

The Invocation was pronounced by Mr. Ina and the Pledge of Allegiance was led by Rev. Mathews.

Mr. Naquin moved that the reading of the minutes of the First Regular Meeting, March 9, 2016 be dispensed with and that the same be approved. Mr. Bierhorst seconded the motion, which carried.

Mr. Hanagriff, President informed that a Public Meeting will be held on the proposed US 90 J-turns on Thursday, March 31, 2016 at the Patterson Civic Center from 5:00 p.m. until 7:00 p.m.

Henry “Bo” LaGrange, Chief Administrative Officer presented his report for a two (2) week period ending March 23, 2016.

Mr. LaGrange expounded relative to Items 1, 2 and 3 in his report which respectfully stated,

“The Corps of Engineers/La. Dept. of Natural Resources Joint Permit for the levee project to improve levees from Morgan City (Lakeside Subdivision/Walnut Canal) to Siracusaville under the CDBG Disaster Recovery Grant project requires compensatory mitigation of 5.5 acres for the 2.91 acres of direct wetland impacts. The Parish has secured 5.4 acres of mitigation credits at a cost of $259,200.00 for compensatory mitigation from the Bayou Grand Couteau Mitigation Bank owned by Cypress Knee Ranch, LLC and 0.1 acres at a cost of $4,000.00 of mitigation credits for compensatory mitigation from the Lake Long Mitigation Bank owned by Coastal Louisiana Resource, L.L.C. Respectfully request Council consideration to expand the agenda to adopt a resolution for each respective mitigation agreement approving and authorizing Mr. Hanagriff, Parish President, to execute the same.”

“The Acadiana Area Human Services District has provided an Amendment to its agreement between the Human Services District and St. Mary Parish relative to Fairview Treatment Center’s Social Detoxification services to indigent consumers from the Acadiana Area Human Services District catchment area of Lafayette, Acadia, Iberia, St. Landry, Evangeline, St. Martin and Vermilion Parishes. The original contract was for the maximum amount of $10,000.00, but due to mandatory budget reductions, the amendment will change the maximum amount to $6,610.00 thereby reducing the contract by $3,390.00. Respectfully request Council consideration to expand the agenda to adopt a resolution approving the amendment and authorizing Mr. Hanagriff, Parish President, to execute the same.”

“The St. Mary Levee District has provided an agreement relative to St. Mary Parish’s temporary authorization to the levee district to use Avoca Road for temporary flood fighting purposes and granting authorization to the Levee District to pay all costs and expenses associated with the repair and restoration of Avoca Road upon completion of the 2015-2016 flood fight in exchange for the use of Avoca Road. Request Council consideration to expand the agenda to adopt a resolution approving the agreement and authorizing Mr. Hanagriff, Parish President, to execute the same.”

Following an in-depth explanation of Items 1, 2 and 3, Mr. LaGrange asked that the Parish Council consider expanding the agenda to take action on these Items.

Mr. LaGrange also commented relative to Items 4 and 5 in his report which respectfully stated,

“Mr. Blake J. Steiner, CBO, President of the Building Official’s Association of Louisiana, has written to advise that Mrs. Tammy Luke, St. Mary Parish Director of Planning and Zoning, has been nominated and elected by her peers to serve on the Building Official’s of Louisiana’s Board of Directors. Mrs. Luke’s election to a leadership position in its organization speaks to its membership’s confidence in her professionalism and her passion for the importance of its mission. She has been appointed to its Education Committee and to the Professional Standards Committee. The organization thanks you for allowing Mrs. Luke to share her talents with them as they strive to provide training and education necessary to all of Louisiana’s building safety professionals.”

“Mr. Donovan Driskill, Landfill Supervisor, Harold J. ‘Babe’ Landry Landfill, was the recipient of the John Koury Memorial Award as the Outstanding Certified Solid Waste Operator, Level A, presented by the Louisiana Board of Certification and Training for Solid waste Management Operators at the annual Environmental Conference held recently in Lafayette.”

Mr. Bierhorst moved that the agenda be expanded to take action of Items 1, 2 and 3 in Mr. LaGrange’s report. Mr. Fryou seconded the motion, which carried.

Mr. Bierhorst moved that the following resolutions be adopted. Mr. Naquin seconded the motion, which carried by the following 11-0-0-0 Roll Call vote:
YEAS: Rev. Mathews Messrs. Ina, Rogers, Hidalgo Singleton, Beadle, Bennett, Fryou, Naquin,
Bierhorst and Voisin

NAYS: None

ABSTAIN: None

ABSENT: None

RESOLUTION

A Resolution authorizing the President of St. Mary Parish to execute an Agreement with Coastal Louisiana Resource, L.L.C.

BE IT RESOLVED, that the President of the Parish of St. Mary, be and he is hereby authorized and directed, for and on behalf of the Parish Council, to execute an Agreement relative to Mitigation for USACE Permit Application No. MVN-2014-2846-WJJ and LADNR Coastal Use Permit No. P20141523, the purchase of 0.1 acres of wetlands mitigation credits from Coastal Louisiana Resource, L.L.C., with said Agreement to contain such terms, conditions and stipulations as he may best see fit, he being fully authorized in the premises.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 23rd day of March 2016.

APPROVED:

________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_____________________________________
CAROLYN JACKS, ASSISTANT CLERK
ST. MARY PARISH COUNCIL

RESOLUTION

A Resolution authorizing the President of St. Mary Parish to execute a Wetlands Mitigation Agreement with Cypress Knee Ranch, LLC of Bayou Grand Coteau Mitigation Bank.

BE IT RESOLVED, that the President of the Parish of St. Mary, be and he is hereby authorized and directed, for and on behalf of the Parish Council, to execute a Wetlands Mitigation Agreement relative to Mitigation for USACE Permit Application No. MVN-2014-2846-WJJ and LADNR Coastal Use Permit No. P20141523, the purchase of 5.4 acres of wetlands mitigation credits from Cypress Knee Ranch, LLC of Bayou Grand Coteau Mitigation Bank with said Agreement to contain such terms, conditions and stipulations as he may best see fit, he being fully authorized in the premises.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 23rd day of March 2016.

APPROVED:

________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_____________________________________
CAROLYN JACKS, ASSISTANT CLERK
ST. MARY PARISH COUNCIL

RESOLUTION

A Resolution authorizing David Hanagriff, the President of the Parish of St. Mary to execute Amendment No. 1 to the Agreement with Acadiana Area Human Services District for the period of March 1, 2016 to June 30, 2016 relative to Fairview Treatment Center.

BE IT RESOLVED, that David Hanagriff, President of the Parish of St. Mary, be and he is hereby authorized and directed, for and on behalf of the Parish Council, to execute Amendment No. 1 to the Agreement with Acadiana Area Human Services District for the period of March 1, 2016 to June 30, 2016 relative to Fairview Treatment Center, with said amendment to contain such terms, conditions and stipulations as he may best see fit, he being fully authorized in the premises.
 

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 23rd day of March 2016.

APPROVED:

________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_____________________________________
CAROLYN JACKS, ASSISTANT CLERK
ST. MARY PARISH COUNCIL

RESOLUTION

A Resolution authorizing David Hanagriff, the President of St. Mary to execute an Intergovernmental Agreement with the St. Mary Levee District relative to utilize its right of way on Avoca Road for flood fighting purposes in exchange for Levee District’s agreement to pay for repairs thereafter so as to restore and return Parish’s road in its original condition.

BE IT RESOLVED, that David Hanagriff, President of the Parish of St. Mary, be and he is hereby authorized and directed, for and on behalf of the Parish Council, to execute an Intergovernmental Agreement with the St. Mary Levee District relative to utilize its right of way on Avoca Road for flood fighting purposes in exchange for Levee District’s agreement to pay for repairs thereafter so as to restore and return Parish’s road in its original condition, with said Intergovernmental Agreement to contain such terms, conditions and stipulations as he may best see fit, he being fully authorized in the premises.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 23rd day of March 2016.

APPROVED:

_____________________________________ KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

______________________________________
CAROLYN JACKS, ASSISTANT CLERK
ST. MARY PARISH COUNCIL

Mr. Bierhorst moved that the Public Hearing Report – March 9, 2016 be approved. Mr. Naquin seconded the motion, which carried.

Rev. Mathews commented relative to the St. Mary Parish School Board Meeting he attended on Monday, March 21, 2016 where a decision was made to close M. D. Shannon Elementary and J. A. Hernandez Elementary School.

Rev. Mathews expressed his dissatisfaction with how the School Board conducted the public comment section of the meeting.

Rev. Mathews further commented that he was abruptly interrupted by a School Board member.

Following his comments, Rev. Mathews commended the Parish Council members for the manner which they handle interactions with the public that appear before the Council to address various issues.

Mr. Naquin moved that the following resolutions be adopted. Mr. Fryou seconded the motion, which carried by the following 11-0-0-0 Roll Call vote:

YEAS: Messrs. Ina, Rogers, Hidalgo Singleton, Beadle, Bennett, Fryou, Naquin, Bierhorst,
Voisin and Rev. Mathews

NAYS: None

ABSTAIN: None

ABSENT: None

In regard to the resolution approving the issuance, sale and delivery of not exceeding Seven Hundred Thousand Dollars ($700,000) of General Obligation Refunding Bonds and not exceeding Two Million Dollars ($2,000,000) of Revenue Refunding Bonds…. and the resolution giving preliminary approval to the issuance of not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) aggregate principal amount of Sales Tax Refunding Bonds (Solid Waste) ….., Jason Akers, Bond Attorney, Foley & Judell appeared before the Parish Council stated that the Revenue Refunding Bonds of St. Mary Parish Water and Sewer Commission No. 4 is three (3) series of Bonds that are outstanding that the District is seeking to refinance.

Mr. Akers explained that refinancing of the Bonds will be a cost savings to the District.

In regard to the resolution authorizing Preliminary approval of $7,500,000 of Sales Tax Refunding Bonds (Solid Waste) Mr. Akers stated that the bonds were issued for the landfill in 2010.

Mr. Akers stated that those bonds are bearing interest between 4.2% up to 5% based on market value.

Mr. Akers further stated that the Bond Attorney under State law has a requirement to achieve a net present value savings of 3% which means 3% is reduced from the total debt capacity for the bonds. (The total savings to the Parish would be approximately $250,000 to the Parish over the remaining 12+ years of the outstanding bonds.)

Mr. Akers explained that if the resolution is adopted, an ordinance would be introduced at the April 2016 Regular Meeting and adopted at the May 2016 Regular Meeting.

In response to a question by Rev. Mathews, Mr. Akers stated that neither of the resolutions would have to be placed on the election ballot for voter approval.

Mr. Akers also explained that no portion of the $7,500,000 of Sales Tax Refunding Bonds (Solid Waste) would cover the cost of the St. Peter Sewer Project. (The bonds in questions are outstanding bonds.)

Mr. LaGrange explained that the Parish’s portion toward the St. Peter Sewer Project will be 85% and Water & Sewer Commission No. 5 portion will be 15% toward the Project.

RESOLUTION

A Resolution authorizing David Hanagriff, the President of the Parish of St. Mary to execute an Agreement with the State of Louisiana, Department of Transportation and Development relative to State Project No. H.011868 Obstruction Removal – South Transitional Surface at Harry P. Williams Memorial Airport in Patterson, Louisiana.

WHEREAS, Act 451 of the 1989 Regular Session of the Louisiana Legislature authorized the financing of certain airport improvements from funds appropriated from the Transportation Trust Fund, and

WHEREAS, the St. Mary Parish Council has requested funding assistance from the LA DOTD for Obstruction Removal – South Transitional Surface, and

WHEREAS, the stated project has been approved by the Louisiana Legislature and the LA DOTD is agreeable to the implementation of this project and desires to cooperate with the St. Mary Parish Council according to the terms and conditions identified in the said Agreement, and

WHEREAS, the LA DOTD will provide the necessary funding for the Obstruction Removal – South Transitional Surface and reimburse the sponsor up to $12,000 of project cost.

NOW, THEREFORE BE IT RESOLVED, that the St. Mary Parish Council does hereby authorize the President to execute an Agreement for the project identified as SPN H.011868, more fully identified in the Agreement attached hereto, and to execute any subsequent related documents, including, but not limited to, amendments to said agreement.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 23rd day of March 2016.

APPROVED:

________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_____________________________________
CAROLYN JACKS, ASSISTANT CLERK
ST. MARY PARISH COUNCIL

RESOLUTION

A Resolution authorizing David Hanagriff, the President of St. Mary Parish to execute a Consent to Assign of Certain Agreement(s) Pipeline Easement File No. 204-0048 with Arrowhead Gulf Coast Holdings, LLC.

BE IT RESOLVED, that David Hanagriff, President of the Parish of St. Mary, be and he is hereby authorized and directed, for and on behalf of the Parish Council, to execute a Consent to Assign of Certain Agreement(s) Pipeline Easement File No. 204-0048 with Arrowhead Gulf Coast Holdings, LLC, with said Consent of Assign to contain such terms, conditions and stipulations as he may best see fit, he being fully authorized in the premises.

ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 23rd day of March 2016.

APPROVED:

____________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_____________________________________
CAROLYN JACKS, ASSISTANT CLERK
ST. MARY PARISH COUNCIL

RESOLUTION
A Resolution authorizing David Hanagriff, the President of the Parish
of St. Mary to execute an Agreement with Southern Constructors, LLC
relative to the Arlington Street Drainage & Road Improvements 2016.

BE IT RESOLVED, that David Hanagriff, President of the Parish of St. Mary, be and he is hereby authorized and directed, for and on behalf of the Parish Council, to execute an Agreement with Southern Constructors, LLC, 6313 Hwy. 90 East, New Iberia, LA 70560, relative to the Arlington Street Drainage & Road Improvements 2016, with said Agreement to contain such terms, conditions and stipulations as he may best see fit, he being fully authorized in the premises.
ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 23rd day of March 2016.
APPROVED:

__________________________________ KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

___________________________________
CAROLYN JACKS, ASSISTANT CLERK
ST. MARY PARISH COUNCIL

¬¬¬¬¬¬¬¬¬ RESOLUTION

A resolution approving the issuance, sale and delivery of not exceeding Seven Hundred Thousand Dollars ($700,000) of General Obligation Refunding Bonds and not exceeding Two Million Dollars ($2,000,000) of Revenue Refunding Bonds of St. Mary Parish Water and Sewer Commission No. 4, State of Louisiana, and other matters relating thereto.

WHEREAS, pursuant to the provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, Waterworks District No. 6 of the Parish of St. Mary, State of Louisiana (the “Waterworks District No. 6”) has heretofore issued $1,290,0000 of General Obligation Bonds, Series 2004, dated March 2, 2004 (the “Series 2004 Bonds”); and

WHEREAS, pursuant to the provisions of Part VII, Chapter 4, Title 39 of the Louisiana Revised Statues of 1950, as amended, and other constitutional and statutory authority, Waterworks District No. 6 has heretofore issued $900,000 of Water Revenue Bonds, Series 2001, dated December 27, 2001 (the “Series 2001 Bonds”) and Sewerage District No. 9 of the Parish of St. Mary, State of Louisiana (the “Sewerage District No. 9”) has heretofore issued $1,100,000 of Sewer Revenue Bonds, Series 2000, dated December 5, 2000 (the “Series 2000 Bonds”); and

WHEREAS, St. Mary Parish Water and Sewer Commission No. 4, State of Louisiana (the “Issuer”), pursuant to a resolution adopted by the Board of Commissioners, acting as the governing authority of the Issuer on February 16, 2011, and an election held within the Issuer on November 2, 2010, assumed the debt of Waterworks District No. 6 and Sewerage District No. 9 and is responsible for the payment of the Series 2000 Bonds, Series 2001 Bonds, and Series 2004 Bonds; and

WHEREAS, the Board of Commissioners of the Issuer, by resolution adopted on March 16, 2016, has authorized the issuance of not exceeding Seven Hundred Thousand Dollars ($700,000) of General Obligation Refunding Bonds (the “GO Refunding Bonds”), for the purpose of refunding all or a portion of the callable maturities of the outstanding Series 2004 Bonds, and paying the costs of issuance of the GO Refunding Bonds, pursuant to the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority (the “Act”), said GO Refunding Bonds to be secured by and payable from unlimited ad valorem taxes levied within the jurisdiction of the Issuer.

WHEREAS, the Board of Commissioners of the Issuer, by resolution adopted on March 16, 2016, has authorized the issuance of not exceeding Two Million Dollars ($2,000,000) of Revenue Refunding Bonds (the “Revenue Refunding Bonds”), for the purpose of refunding all or a portion of the callable maturities of the outstanding Series 2000 Bonds and Series 2001 Bonds, and paying the costs of issuance of the Revenue Refunding Bonds, pursuant to the Act, said Revenue Refunding Bonds to be payable from the income, revenues and receipts derived or to be derived from the operation of the water system and sewer system within its jurisdiction.

WHEREAS, it is now the desire of the St. Mary Parish Council to approve the issuance of the GO Refunding Bonds and the Revenue Refunding Bonds;

NOW, THEREFORE, BE IT RESOLVED by the St. Mary Parish Council (the “Parish Council”), acting as the governing authority of the Parish of St. Mary, State of Louisiana (the “Parish”), that:
SECTION 1. In compliance with the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and in accordance with the request of the Board of Commissioners of St. Mary Parish Water and Sewer Commission No. 4, State of Louisi¬a¬na (the “Issuer”), this Parish Council hereby approves the issuance of not exceeding Seven Hundred Thousand Dollars ($700,000) of General Obligation Refunding Bonds (the “GO Refunding Bonds”), of the Issuer to be issued under the authority and for the purposes stated in the preamble hereto. The GO Refunding Bonds shall bear interest at a rate or rates not to exceed four percent (4%) per annum, to be determined by subsequent resolution of the Board of Commissioners of the Issuer at the time of the sale of the GO Refunding Bonds and shall mature no later than March 1, 2024.
SECTION 2. In compliance with the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and in accordance with the request of the Board of Commissioners of the Issuer, this Parish Council hereby approves the issuance of not exceeding Two Million Dollars ($2,000,000) of Revenue Refunding Bonds (the “Revenue Refunding Bonds”) of the Issuer to be issued under the authority and for the purposes stated in the preamble hereto. The Revenue Refunding Bonds shall bear interest at a rate or rates not to exceed five percent (5%) per annum, to be determined by subsequent resolution of the Board of Commissioners of the Issuer at the time of the sale of the Revenue Refunding Bonds and shall mature no later than December 27, 2041.
SECTION 2. Neither the Parish nor this Parish Council shall be liable in any manner for the payment of the GO Refunding Bonds or the Revenue Refunding Bonds.
ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 23rd day of March 2016.

APPROVED:

__________________________________
KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

_____________________________________
CAROLYN JACKS, ASSISTANT CLERK
ST. MARY PARISH COUNCIL

RESOLUTION

A resolution giving preliminary approval to the issuance of not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) aggregate principal amount of Sales Tax Refunding Bonds (Solid Waste) of the Parish of St. Mary, State of Louisiana; providing certain terms of said bonds; making application to the State Bond Commission for approval of said Bonds; and providing for other matters in connection therewith.

WHEREAS, pursuant to the provisions of Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other applicable constitutional and statutory authority, the Parish of St. Mary, State of Louisiana (the “Issuer”), has heretofore issued its Solid Waste Bonds, Series 2010 (the “Series 2010 Bonds”), of which $6,150,000 is outstanding; and

WHEREAS, in order to provide debt service savings, the Issuer desires to refund all or a portion of the callable maturities of the Series 2010 Bonds (the “Refunded Bonds”), pursuant to the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority (the “Act”), through the issuance of its refunding bonds; and

WHEREAS, pursuant to the Act, and subject to the approval of the State Bond Commission, the Issuer desires to accomplish the refunding through the issuance of not exceeding $7,500,000 of its Sales Tax Refunding Bonds (Solid Waste) (the “Refunding Bonds”), to be payable by an irrevocable pledge and dedication of (a) the Issuer’s allocation or portion of the avails or proceeds of the special three-fourths of one percent (3/4%) parishwide sales and use tax now being levied and collected by the Issuer pursuant to the Constitution and laws of Louisiana, and in compliance with elections held in the Issuer on December 11, 1973, May 2, 1987, and April 5, 2003 (the “Tax”), respectively, subject to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax, and debt service requirements on any sales tax bonds heretofore or hereafter issued by the Issuer for wastewater purposes which debt service requirements shall never exceed thirty-five percent (35%) of the Issuer’s allocation or portion of the proceeds of the Tax estimated to be received by the Issuer in the calendar year in which such bonds are issued; and (b) the income, revenues and receipts derived by the Issuer from the imposition of rates and charges for solid waste collection and disposal and tipping fees at the Parish Landfill, after having first paid therefrom, the reasonable and necessary expenses of administering, operating and maintaining the Parish landfill, and costs of the Issuer associated with solid waste collection in the rural areas of the Issuer; ¬¬and

WHEREAS, at the time of the redemption of the Refunded Bonds, the Issuer will have no outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the revenues of the Tax herein pledged, EXCEPT the unrefunded Series 2010 Bonds and its Sales Tax Refunding Bonds (Solid Waste), Series 2013; and

WHEREAS, the Issuer desires to make formal application to the State Bond Commission for approval of the Refunding Bonds, and further to employ professionals in connection therewith;

NOW, THEREFORE, BE IT RESOLVED by the Parish Council of the Parish of St. Mary, State of Louisiana (the “Governing Authority”), acting as the governing authority of the Parish of St. Mary, State of Louisiana (the “Parish”), that:
SECTION 1. Preliminary Approval of Refunding Bonds. Preliminary approval is given to the issuance, in one or more series, of not exceeding $7,500,000 aggregate principal amount of Sales Tax Refunding Bonds (Solid Waste) of the Parish of St. Mary, State of Louisiana (the “Refunding Bonds”), to be issued for the purpose of refunding the Refunded Bonds, said Refunding Bonds to be payable by an irrevocable pledge and dedication of (a) the Issuer’s allocation or portion of the avails or proceeds of the special three-fourths of one percent (3/4%) parishwide sales and use tax now being levied and collected by the Issuer pursuant to the Constitution and laws of Louisiana, and in compliance with elections held in the Issuer on December 11, 1973, May 2, 1987, and April 5, 2003 (the “Tax”), respectively, subject to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax, and debt service requirements on any sales tax bonds heretofore or hereafter issued by the Issuer for wastewater purposes which debt service requirements shall never exceed thirty-five percent (35%) of the Issuer’s allocation or portion of the proceeds of the Tax estimated to be received by the Issuer in the calendar year in which such bonds are issued; and (b) the income, revenues and receipts derived by the Issuer from the imposition of rates and charges for solid waste collection and disposal and tipping fees at the Parish Landfill, after having first paid therefrom, the reasonable and necessary expenses of administering, operating and maintaining the Parish landfill, and costs of the Issuer associated with solid waste collection in the rural areas of the Issuer.¬¬ The Refunding Bonds shall bear interest at a rate or rates not to exceed five percent (5%) per annum, to be determined by subsequent ordinance of this Governing Authority at the time of the sale of the Refunding Bonds, and shall mature no later than March 1, 2028. ¬The Refunding Bonds shall be issued in fully registered form and shall have such additional terms and provisions as may be determined by this Governing Authority.
SECTION 2. State Bond Commission. Application is hereby made to the State Bond Commission, Baton Rouge, Louisiana, for approval of the issuance and sale of the Refunding Bonds and for consent and authority to proceed with the issuance and sale of the Refunding Bonds as provided above, and Bond Counsel is directed to make application to the State Bond Commission in accordance with the foregoing on behalf of the Issuer.
By virtue of applicant/issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.”, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.
SECTION 3. Underwriter/Placement Agent. Raymond James & Associates, Inc., of New Orleans, Louisiana, is hereby appointed as underwriter/placement agent in connection with the sale and delivery of the Bonds, any compensation to be subsequently approved by the Issuer and to be paid from the proceeds of the Bonds and contingent upon the issuance of the Bonds; provided that no compensation shall be due to said underwriter/placement agent unless the Bonds are sold and delivered.
SECTION 4. Employment of Bond Counsel. This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Refunding Bonds, and accordingly, Foley & Judell, L.L.P., of New Orleans, Louisiana, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Refunding Bonds. Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Refunding Bonds, shall counsel and advise this Governing Authority as to the issuance and sale thereof and shall furnish its opinions covering the legality of the issuance of the Refunding Bonds. The fee of Bond Counsel for each series of bonds shall be fixed at a sum not exceeding the fee allowed by the Attorney General’s fee guidelines for such bond counsel work in connection with the issuance of such series of revenue bonds and based on the amount of said Refunding Bonds actually issued, sold, delivered and paid for, plus “out-of-pocket” expenses, said fees to be contingent upon the issuance, sale and delivery of said bonds. The Parish President, on behalf of the Issuer, is hereby authorized and directed to execute, and this Governing Authority hereby agrees to and accepts the terms of, the engagement letter appended hereto. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Directory of Finance for the Issuer is hereby empowered and directed to provide for payment of the work herein specified upon completion thereof and under the conditions herein enumerated.
 
ADOPTED AND APPROVED by the St. Mary Parish Council in regular session convened on this the 23rd day of March 2016.

APPROVED:

_______________________________ KEVIN VOISIN, CHAIRMAN
ST. MARY PARISH COUNCIL

ATTEST:

______________________________________
CAROLYN JACKS, ASSISTANT CLERK
ST. MARY PARISH COUNCIL

OLD BUSINESS:

A. Joanne C. Reed, Director of Voter Registration has written – this office is in receipt of your letter and precinct survey forms in regard to the precincts with less than 300 active registered voters. The precincts identified as having less than 300 active registered voters qualify for the following exemptions. These precincts have met the criteria required by R.S. 18:532.

Precinct 01 – Geographically isolated
Precinct 24 – Consolidated with precinct 24A
Precinct 46 – Special exemption was granted

NEW BUSINESS:

A. Mr. Rogers to request an allocation of $2,500 from Wards 1, 2, 3, 4, 7 & 10 3/10% Sales Tax Fund to Community Action Agency for the Little Zion Community Outreach in Centerville.
Mr. Rogers moved that funds in the amount of $2,500 be allocated from the Wards 1, 2, 3, 4, 7 & 10 3/10% Sales Tax Fund to Community Action Agency for the Little Zion Community Outreach in Centerville. Mr. Hidalgo seconded the motion, which carried.
B. Melissa Blake, Director of Governmental Affairs, Cox Communications has written – Cox is informing you of a certain channel deletion on Cox’s cable system taking place on or about April 4, 2016. Cox will be deleting FOX-KADN Channel 15.

We are notifying customers of this channel deletion via local newspaper.

C. Roberton-Bourdier-Jackson-Henry Post 4201 Veterans of Foreign Wars of the United States, Incorporated has submitted their Pre-Application requesting funds for Local First Responders Luncheon. Funding Request $1,500.00.

Mr. Voisin suggested that the Local First Responders Luncheon be combined with the Veterans Dinner which will be held on Thursday, November 10, 2016.

Albert A. Alexander, Past Commander and Calvin R. Harrington, Jr. Commander of Robert Bourdier-Jackson Henry Post 420, Veteran of Foreign Wars appeared before the Parish Council to comment relative to their desire to show their gratitude to all of the First Responders in the area by extending an invitation for a luncheon on March 31, 2016.

It was noted that General Dan Nail will be the guest speaker for the luncheon.

Following discussion, Mr. Ina moved that funds in the amount of $1,500 be allocated from the General Fund to Roberton-Bourdier-Jackson-Henry Post 4201 Veterans of Foreign Wars of the United States, Incorporated to be used for the Local First Responders Luncheon. Rev. Mathews seconded the motion, which carried.

D. Olivia “Sue” Patrick has written – Please accept this letter as official notice of my resignation, effective March 31, 2016, from my position on the Board of Directors of St. Mary Parish Recreation District No. 5.

Mrs. Patrick will be forwarded a letter thanking her for her service on Recreation District No. 5 Board of Commissioners and the vacancy will be advertised.

E. Frank P. Grizzaffi, III, Mayor of the City of Morgan City has written – The City of Morgan City is preparing a bid package to host the 2016 Mississippi B.A.S.S. Federation Nation qualifying tournament on October 12 – 15, 2016. The City has partnered up with the St. Mary Parish Tourist Commission and would like to include the St. Mary Parish Council in this partnership.

The City is requesting $2,500 in cash, the use of the St. Mary Parish Jesse Fontenot Memorial Boat Landing, and the waiver of launch fees for the registered boaters during the tournament dates.

Mr. Bennett moved that funds in the amount of $2,500 be allocated from the Gaming Fund to the City of Morgan City to host the 2016 Mississippi B.A.S.S. Federation Nation qualifying tournament on October 12 – 15, 2016. Mr. Fryou seconded the motion, which carried.

F. Appointments to the following Boards and Commissions:

Waterworks District No. 7 (Jeanerette, Four Corners, Sorrell and Glencoe area) –
1 Vacancy

No applications received.

Recreation District No. 5 (Four Corners, Sorrell & Glencoe area) – 1 Vacancy

Roy Paul Marks, Sr.

Rev. Mathews requested that Appointment to Waterworks District No. 7 Board of Commissioners be placed on the April 13, 2016 Regular Meeting agenda.

It was noted that Evelyn Chilis submitted an application was received after the deadline for consideration of appointment to Recreation District No. 5 Board of Commissioners.

Mr. Mathews moved that Evelyn Chilis be appointed to Recreation District No. 5 Board of Commissioners. Mr. Ina seconded the motion, which carried.

Mr. Bierhorst invited everyone to attend the 26th Annual Celebration of the Patterson Cypress Sawmill Festival on April 1-3, 2016 in Patterson, LA.

There being no further business, Mr. Fryou moved for adjournment. Mr. Singleton seconded the motion, which carried.

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Carolyn Jacks, Assistant Clerk Kevin Voisin, Chairman