February 19, 2014 On Wednesday, February 19, 2014 at 3:00 p.m., the Police Jury of Sabine Parish, State of Louisiana met in open and regular session. The following members were present: William E. Ruffin, President; Kenneth M. Ebarb, Vice President; Kenneth J. Funderburk, Willes Funderburk, Kenny R. Carter, Ronny Bison, Eric Garcie, Ricky K- Wall Sepulvado and Randy Byrd. The Agenda was as follows: 1. Roll Call 2. Prayer 3. Pledge of Allegiance 4. Adopt the Minutes from Previous Meeting 5. Amend the Agenda 6. Planning Commission 7. Capital Outlay Funding for El Camino Real Corridor-Support Resolution 8. Sabine Parish Water District # 1, Reappoint John Sandel, 5 Years, Retroactive, Beginning 9/1/13 Ending 8/31/18 9. Pirates Cove Unit No. 1 Subdivision 40 Foot Right of Way Area Not Dedicated-Renounce and/or Abandon to Extent Any Court of Competent Jurisdiction Should Ever Find Dedicated 10. South Toledo Bend Water District, Reappoint Robert Marshall, 5 years, Retroactive, Beginning 1/18/14 Ending 1/17/19 11. Firework Restriction Request for Ordinance-Richard Whalen 12. Plainview Road Rehabilitation, Planning and Construction FP&C Project No. 50-J43-10-01, Request for Change Order No. 2, Adding Substantial Completion and Ready for Final Acceptance Days 13. Finance Committee 14. Appropriate Sales Tax for February Operations ($180,000) 15. Federal Off System Bridge Project H.010032, Recall 600628, Lakeside Loop over Arnold Creek, Email from Gary Pentek, DOTD Requesting Phase 1 Cultural Resource Study 16. Capital Asset List as of 12/31/13 Acceptance by Police Jury 17. Advertise for Bids New Pickup, Road District 15 (Ward 5), First $5,000 from Fund 02 18. Committee Reports 19. Operations 2. Prayer Prayer was led by Mr. Kenny R. Carter. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mr. Kenneth M. Ebarb. 4. Adopt the Minutes from Previous Meeting Police Jury President William E. Ruffin advised everyone that the Police Jury now has its website working and it can be accessed at sabineparishpolicejury.com. Resolution No. 7303 Motion by K. Funderburk and seconded by W. Funderburk to adopt the minutes of the January 15, 2014 Police Jury meeting. 5. Amend the Agenda At this time Police Jury President William E. Ruffin allowed a period of public comment on any items on the agenda. There were no public comments at this time. The agenda was not amended. 6. Planning Commission-No Report 7. Capital Outlay Funding for El Camino Real Corridor-Support Resolution An email was received from Many City Hall requesting a support resolution for Capital Outlay Funding for El Camino Real Corridor. Resolution No. 7304
Motion by K. Funderburk and seconded by Bison: RESOLUTION IN SUPPORT OF THE CAPITAL OUTLAY FUNDING FOR THE EL CAMINO REAL CORRIDOR WHEREAS, the El Camino Corridor is a five-state highway project whose purpose is to convert the two-lane U.S. Highway 84 in the states of Alabama, Georgia, Louisiana (including a section of LA. 6), Mississippi and Texas to a four lane highway; and, WHEREAS, the corridor begins at Brunswick, Georgia and continues to El Paso, Texas, a route of approximately 1,729 miles; and, WHEREAS, the main purposes of the project are to enhance economic development, tourism, business and student transportation, to promote safe highway traveling conditions, and to provide an additional hurricane evacuation route; and, WHEREAS, the states of Alabama, Georgia, Mississippi and Texas have completed either all or a significant portion of the project sections in their respective states, and are awaiting further construction in the Louisiana section in order to achieve the planned benefits to be derived from the joint project; and, WHEREAS, the Louisiana Department of Transportation and Development has filed a FY 2014-2015 Capital Outlay application (ID number 549930) to request supplemental funding for a small section of the project to be constructed in Sabine Parish; and, WHEREAS, the Sabine Parish Police Jury and Police Jurors fully support the Capital Outlay application for supplemental funding filed by Louisiana Department of Transportation and Development; NOW, THEREFORE, BE IT RESOLVED, that the Sabine Parish Police Jury, in regular and legal session convened, does hereby state its support of Louisiana Capital Outlay Application No. 549930 that was filed by the Louisiana Department of Transportation and Development for supplemental funding of the El Camino East-West Corridor; and, BE IT FURTHER RESOLVED, that the Sabine Parish Police Jury and Police Jurors respectfully request that the Office of the Governor, Division of Administration and the Legislature of the State of Louisiana include the FY 2014-2015 Capital Outlay application No. 549930 in House Bill 2 during the 2014 regular session of the legislature; and, BE IT FURTHER RESOLVED, that copies of this Resolution be provided to the Office of the Governor, Division of Administration, the Speaker of the House of Representatives, the Chairman of the House Ways & Means Committee, the President of the Senate, the Chairman of the Senate Revenue & Fiscal Affairs Committee, and members of the legislature whose districts include sections of the El Camino Corridor. The voting was as follows: 8. Sabine Parish Water District # 1, Reappoint John Sandel, 5 Years, Retroactive, Beginning 9/1/13 Ending 8/31/18 Jurors were provided with a copy of a January 15, 2014 letter from Missy Phares, of the Sabine Parish Water District # 1, requesting that John Sandel be reappointed for a five year term as Board Member of the District, expiring August 31, 2018. Mr. Sandel represents the Florien area. Resolution No. 7305 Motion by Byrd and seconded by W. Funderburk to reappoint John Sandel (P.O. Box 241, Florien, LA 71429, Phone 586-7864) to the Board of Commissioners of Sabine Parish Water District #1, for a term of five (5) years, beginning, retroactive, September 1, 2013 and ending August 31, 2018, representing the Florien area, as requested in a January 14, 2014 letter from Secretary Missy Phares, Secretary, Sabine Parish Water District #1.
9. Pirates Cove Unit No. 1 Subdivision 40 Foot Right of Way Area Not Dedicated-Renounce and/or Abandon to Extent Any Court of Competent Jurisdiction Should Ever Find Dedicated Sabine Parish Police Jury President William Ruffin received a January 27, 2014 letter from Carl Duhon, Duhon Law Firm, Lafayette, Louisiana explaining that he represents Kenneth Marks, who has signed a Purchase Agreement with Kimberlyn Goodwin to purchase 2.584 acres as shown on the original plat that was filed on November 27, 1968, Instrument Number: 203100, Recorded Book 165, Page 347. The plat created a 40-foot road right-of-way and since that time, the right-of-way has never been used nor has a road been built where the 40-foot right-of-way shown on the plat. Kenneth Marks will be purchasing all of the property that is adjacent to the 40-foot right-of-way, so no other property owner will be affected by the termination/revocation of the right-of-way. Secretary Treasurer Busby advised that the minutes do not show that the Police Jury accepted the Right of Way and that area is shown as commercial area on the plat. The Road Foreman has verified that the Police Jury has never worked the area discussed and a cable blocks the entrance to that area. A draft copy of the proposed resolution has been sent to District Attorney Don Burkett and he approved. He would need to sign the resolution after adoption. Mr. Carl Duhon, Duhon Law Firm was emailed a draft copy on February 10, 2014 and replied back on February 11, 2014 that the title company attorney confirmed the resolution is satisfactory. Resolution No. 7306 Motion by K. Funderburk and seconded by W. Funderburk: WHEREAS, a Plat of Pirates Cove Unit No. 1 Subdivision was filed with the Sabine Parish Clerk of Court in the Sabine Parish, Louisiana Conveyance Records on November 27, 1968, Instrument Number: 203100, Recorded Book 165, Page 347, and WHEREAS, the Sabine Parish Police Jury President William Ruffin received a January 27, 2014 letter from Carl Duhon, Duhon Law Firm, Lafayette, Louisiana explaining that he represents Kenneth Marks, who has signed a Purchase Agreement with Kimberlyn Goodwin to purchase 2.584 acres as shown on the attached Exhibit 1 [Note: Kimberlyn F. Goodwin received the 2.584 acres in Succession of Robert Felknor, Filed as Instrument No. 445182 on December 23, 2013], and WHEREAS the above referenced plat created a 40-foot road right-of-way, as shown on the attached Exhibit 2 and since that time, the right-of-way has never been used nor has a road been built where the 40-foot right-of-way is indicated; and Kenneth Marks will be purchasing all of the property that is adjacent to the 40-foot right-of-way, so no other property owner will be affected by the termination/revocation of the right-of-way, and WHEREAS, a search of the Sabine Parish Police Jury Minutes reflects that the Police Jury never accepted a dedication of the road shown on the Exhibit 1 and has never maintained a road shown on the Exhibit 1, BE IT RESOLVED, for clarity of title purposes, the Sabine Parish Police Jury never accepted any dedication of the road shown on the referenced Exhibit 1, as part of the referenced Plat of Pirates Cove Unit No. 1 Subdivision, Exhibit No. 2, and further renounces and/or abandons same to the extent any court of competent jurisdiction should ever find that it was dedicated [authorized by LSA-R.S. 48:701, See Exhibit No. 3], and BE IT FURTHER RESOLVED, the above described action has been reviewed by District Attorney Don Burkett and the Secretary Treasurer is authorized to sign this resolution and file an original with the Sabine Parish Clerk of Court, Conveyance Records, after Mr. Burkett formally approves with his signature. The voting was as follows: 10. South Toledo Bend Water District, Reappoint Robert Marshall, 5 years, Retroactive, Beginning 1/18/14 Ending 1/17/19 Jurors were provided with a February 13 letter (received by email, signed by President Dianne Lampman) requesting that Robert Marshall be reappointed to the Board of Commissioners of the South
Toledo Bend Waterworks District. Secretary Treasurer Busby advised that Mr. Marshall s present term expires January 17, 2014 (see Res 6475, 1/21/09). Resolution No. 7307 Motion by K. Funderburk and seconded by Carter to re-appoint Robert Marshall to the Board of Commissioners of South Toledo Bend Waterworks District (slot five) for a five year term beginning January 18, 2014 (retroactive) and ending January 17, 2019. 11. Firework Restriction Request for Ordinance-Richard Whalen Mr. Richard Whalen addressed the Police Jury about a problem he has been having with a neighbor shooting bottle rockets and other fireworks that are landing on his house. Mr. Whalen has been to his neighbor and talked then afterward, on various and numerous holidays, the neighbor gets juiced up and shoots bottle rockets on his (Whalen s) roof. Sometimes it is when the neighbor has family members over for the holidays. Once, after he had talked with the neighbor about the matter, the neighbor and family members went to the lake and shot the rockets and they still hit his house. Once Mr. Whalen s family member was in his carport, where he had some gasoline stored (1 full can and some empty cans), and the neighbor s rockets hit his motorhome and entered the carport near the gasoline cans. Mr. Whalen has called the Sheriff s Department and they came and talked with the neighbor and did not take any action. The Deputy advised him that he needed to come to the Police Jury to get an ordinance or they could not act. Mr. Whalen has not talked with them under the present Sheriff s administration. One Police Juror commented that it may be a civil matter. Police Juror Ronny Bison pointed out that over 20,000 people have been popping firecrackers all their lives and that adopting an ordinance would mean that it would apply to everyone and they would all be mad at their Police Jurors, when their situation may not be like Mr. Whalen s situation. It was pointed out that some people would then be forced to violate an ordinance (Parish law) if they desire to continue popping fireworks, something they have enjoyed doing and been free to do in the past.. Police Jury President William E. Ruffin felt that the Police Jurors as well as Mr. Whalen should talk to District Attorney Don Burkett. Police Juror Kenneth Ebarb was sympathetic, not pointing out that he was not minimizing the situation, and agreed that Mr. Whalen should talk to the District Attorney as well as the present Sheriff and possibly we could work through the problem. Mr. Ruffin pointed out that there are laws to protect the public and the Jurors should get with Mr. Burkett to discuss the matter. 12. Plainview Road Rehabilitation, Planning and Construction FP&C Project No. 50-J43-10-01, Request for Change Order No. 2, Adding Substantial Completion and Ready for Final Acceptance Days All Jurors were provided with copies of a February 7, 2014 email from from Heather Alling, Construction Contract Administrator, Meyer & Associates, Inc., along with a draft copy of Change Order No. 2, which would add 177 Substantial Completion Days and 177 Ready for Final Acceptance Days to Plainview Road Rehabilitation, Planning and Construction FP&C Project No. 50-J43-10-01. The original contract allowed 90 Substantial Completion Days and 135 Ready for Final Acceptance Days. The email was forwarded to John Richard, Facility Planning and Control (FP&C) for concurrence. Several emails went between Byron Racca, Meyer & Associates, Inc. and John Richard with FP&C (Police Jurors, Road Superintendent Tommy Patton and Road Foreman Doyle Barron have been provided copies). Finally Mr. Richard and Mr. Racca agreed (2/17/14 email) that 88 days additional work and 39 days additional adverse weather days for a total of 127 additional contract days be approved for Change Order No. 2. This change order would bring the Substantial Completion Days to 217 and the Ready for Final Acceptance Days to 262. Mr. Richard would need a copy after approval and being executed by the Parish. Resolution No. 7308 Motion by Ebarb and seconded by W. Funderburk to approve and authorize the Jury President to sign 5 originals of change order No. 2 to Apeck Construction, LLC contract which would add 127 Substantial Completion Days and 127 Ready for Final Acceptance Days to Plainview Road Rehabilitation, Planning and Construction FP&C Project No. 50-J43-10-01, bringing the allowed Substantial Completion Days to 217 and the Ready for Final Acceptance Days to 262; said change order previously approved by
February 17, 2014 email from John Richard, Project Manager, Division of Administration, Facility Planning and Control. The Police Jury recently received Recommendation for Payment No. 00040 from Vernon F. Meyer requesting payment to Apeck Construction, LLC in the amount of $302,144.89 for their Pay Estimate No. 4. At 1:00 p.m. earlier today, Police Jury personnel along with District Attorney Don Burkett had met with Byron Racca and Mr. Brown representing Meyer & Associates, Inc. and Bama Hinton representing Apeck Construction, LLC. to discuss the pay estimate. Some citizens were present. They had discussed getting asphalt core tests to determine if it meets the required thickness. District Attorney Don Burkett was not favorable of paying for work that may not have been done properly. He felt that the Jury could pay for the portion of work done properly. Mr. Hinton and Mr. Racca agreed that Racca could revise the pay estimate to remove the asphalt from the pay estimate. Mr. Racca calculated and this would change the pay estimate to $216,837.88. Police Jury President William E. Ruffin advised the Police Jurors that the District Attorney has recommended that the portion of work done properly should be paid. Police Juror Willes Funderburk agreed that was what Mr. Burkett had recommended, although he personally favored not making any payment at all on any of the work, until properly completed. Resolution No. 7309 Motion by W. Funderburk and seconded by K. Funderburk: WHEREAS, the Sabine Parish Police Jury received a February 10, 2014 letter from Vernon F. Meyer, P. E. and his Recommendation for Payment: No. 00040 to Payee: Apeck Construction, LLC Amount $302,144.89 along with the Periodic Estimate No. 4, and WHEREAS, the Police Jury has questioned whether the asphalt has been installed in accordance with the plans and has met with Byron Racca of Meyer & Associates, Inc., Bama Hinton representing Apeck Construction, LLC., District Attorney Don Burkett and some citizens, and WHEREAS, District Attorney Don Burkett was not favorable of paying for work that has not been done properly but recommended that the portion of work done properly should be paid, therefore it was agreeable with Mr. Hinton and Mr. Racca for Mr. Racca to revise the pay estimate to remove the asphalt from the pay estimate (asphalt to be considered on next pay estimate), BE IT RESOLVED, to accept and make payment in the amount of $216,837.88, as recalculated by Mr. Racca (excluding the asphalt from the pay estimate), for Recommendation for Payment: No. 00040 to Payee: Apeck Construction, LLC, Periodic Estimate No. 4; based upon District Attorney recommendation. 13. Finance Committee Resolution No. 7310 Motion by Ebarb and seconded by K. Funderburk to pay the approved bills. 14. Appropriate Sales Tax For February Operations ($180,000) Resolution No. 7311 Motion by K. Funderburk and seconded by Bison to appropriate and transfer $180,000.00 from the Sales Tax Fund to the Parishwide Transportation Fund for February 2014 operations. 15. Federal Off System Bridge Project H.010032, Recall 600628, Lakeside Loop over Arnold Creek, Email from Gary Pentek, DOTD Requesting Phase 1 Cultural Resource Study
Police Jurors and Road Superintendent Tommy Patton were provided with a February 17, 2014 email from Gary Pentek, DOTD concerning Lakeside Loop Bridge over Arnold Creek. Mr. Pentek indicated the Police Jury shall contract with a Consultant for a Phase I Cultural Resource Study for the project. He asked the Jury to please select a Consultant and get it approved by LA DOTD prior to starting the study. Once the report is completed it needs to be sent directly to him. The following links that were provided to him by Shalise A. Hadden were printed and provided Police Jurors: Phase I Field Standards Report Guidelines, Curation standards, site form information List of contracting archaeologist from Division of Archaeology website Standing structures Guidelines from Division of Historic Preservation these guidelines should be followed and incorporated into CRS report Cultural Resources Survey Report Checklist Secretary Treasurer Busby asked the Police Jurors to review the information for a later date. He does not know the cost. He noted that Northwestern State University is on the listing of archaeologist from the Division of Archaeology website. No action was taken at this time. 16. Capital Asset List as of 12/31/13 Acceptance by Police Jury Secretary Treasurer Busby had provided the Police Jurors with a Capital Asset Listing as of December 31, 2013. Resolution No. 7312 Motion by Carter and seconded by Ebarb to accept the December 31, 2013 Capital Asset Listing, including additions and deletions, as well as Infrastructure Roads, Road Right-of-Ways, and Bridges as presented by Secretary Treasurer Ronald L. Busby. 17. Advertise for Bids New Pickup, Road District 15 (Ward 5), First $5,000 from Fund 02 Resolution No. 7313 Motion by K. Funderburk and seconded by Ebarb: To advertise for sealed bids for a new pickup for Road District 15 (Ward 5) Foremen; and with the first $5,000.00 to be paid by the Parish Transportation Fund and with the balance to be paid from Road District 15 (Ward 5); and for Police Juror Eric Garcie and Road Superintendent Tommy Patton to assist with the specifications. 18. Committee Reports Frank Davis of the Long Range Water Planning Committee provided the Police Jurors with a revised charter for their district. He indicated no action was required by the Police Jury. He asked President Ruffin to sign a copy. He also advised that supposedly the money approved for the water study will not require a match but no official paperwork has been received to that effect. 19. Operations-None Resolution No. 7314 Motion by K. Funderburk and seconded by Carter to adjourn. /s/ronald L. Busby Ronald L. Busby Secretary Treasurer /s/william E. Ruffin William E. Ruffin President