Ali M. Mustapha P.E., Administrator
SEPTEMBER 12, 2019
NOTICE OF PUBLIC MEETING
CADDO LEVEE DISTRICT
MEETING ON SEPTEMBER 12, 2019
1320 GRIMMETT DRIVE
SHREVEPORT, LA 71107
NOT YET POSTED
Minutes - September 13, 2018
Regular Business Hours : Monday thru Friday 7:30 am to 4:00 pm
September 13, 2018
OFFICIAL PROCEEDINGS OF BOARD OF COMMISSIONERS OF
CADDO LEVEE DISTRICT
AT REGULAR MEETING HELD ON SEPTEMBER 13, 2018
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At a regular meeting of the Board of Commissioners of the Caddo Levee District held at 10:00 a.m., September 13, 2018, at 1320 Grimmett Drive, Shreveport, Louisiana, the following members were present: James T. Sims, Patrick Harrison, Carolyn C. Prator, Kandi Moore, Gary Procell, Helen Godfrey-Smith, and Willie Walker.
John Barr, U.S. Senator’s John Kennedy’s Office; Marshall Jones, Jones & Odom LLP; Robert Tomasek, LA Department of Transportation and Development; Emily Jones, LA Department of Transportation and Development; Ali M. Mustapha, Administrator; and Danielle Stafford, Assistant Secretary, were also present. Board Attorney, Ronald F. Lattier, Law Offices of Ronald F. Lattier, was not present.
The meeting was opened with a prayer and the Pledge of Allegiance.
President Sims asked for any comments from the public regarding agenda items or other issues. There were no further public comments.
Mr. Sims stated that the minutes from the August 2018 meeting had been emailed for review and asked for a motion to approve. Mr. Walker made a motion, with a second by Mr. Procell, to approve the minutes from the August 2018 meeting. The motion unanimously passed.
Mr. Harrison discussed the monthly financial reports, reporting that operating expenses were in line with monthly averages for this time of year. He reported that capital outlay expenses were high due to ongoing projects.
The Board reviewed payments and invoices for the month of August 2018 and subsequent bills for the month of July 2018. Mr. Harrison made a motion, with a second by Mr. Walker, to ratify payment of the invoices for the month of August 2018 and subsequent bills for the month of July 2018. The motion unanimously passed.
The Board discussed a proposed change order to the ongoing Crushed Aggregates for Surfacing a Section of the Red River Levee South from Un-named Road at 10281 LA 1 to Buckner Road Project in the amount of $16,421.02 to increase the quantities in the contract without any increase in the unit price for the contract bid item to extend the project approximately 600 L.F. to an adjacent ramp crossing and stockpile 8 truckloads for use to maintain levee surfaces. The Board unanimously approved the execution of this change order with a motion by Mr. Harrison and a second by Mr. Walker.
The Board discussed a recent request from Enable Gas Transmission, LLC for a Temporary Construction Servitude Agreement for use of a portion of the W/2 of Section 14, T21N, R16W and a portion of the NW/4 of Section 23, T21N, R16W (approximately 3.16 acres). Mr. Mustapha reported that this agreement is the same agreement that was withdrawn prior to the August Board Meeting and that Enable has re-submitted the request with the same terms. The Board unanimously approved the execution of this Temporary Construction Servitude Agreement with Enable Gas Transmission, LLC with a motion by Mrs. Prator and a second by Mrs. Moore.
Mrs. Moore made a motion, with a second by Mrs. Smith to move item 9 on the agenda (Discussion of Personnel Matter – Executive Session) below item 18 in order to prevent interruptions in the flow of the meeting. The Board unanimously approved the motion, and item 9 on the agenda was moved.
Marshall Jones reported that Gemini Exploration has received work permits to plug and abandon an additional five wells in Section 21 in accordance with the Department of Natural Resources’ requirements.
President Sims reported that he attended the Association of Levee Boards of Louisiana Executive Committee Meeting along with Mr. Mustapha on August 17, 2018 in Baton Rouge. Mr. Sims reported that there was a discussion regarding continued funding for the Louisiana Flood Risk Coalition and the upcoming annual meeting in New Orleans in December 2018.
Mr. Mustapha reported that the audit for the 2017-2018 fiscal year was completed on time by our new auditor Lenora Krielow, CPA. He reported that two findings were found during the course of the audit. The first finding was a result of an administrative oversight by a financial officer of a bank and was resolved. The second finding related to the separation of duties within the Caddo Levee District office. Because the District maintains a small office, it was concluded that it is not fiscally responsible to hire additional employees to maintain separation of duties and therefore no recommendation for resolution was made by the auditor. Mr. Mustapha reported that many financial oversights are in place to maintain separation of duties as much as possible. He also reported that the District may look into other solutions to prevent the finding in future audits.
Mr. Mustapha reported that the U.S. Army Corps of Engineers (USACE) performed the routine annual inspections of the Red River North and South Levee segments and West Agurs Levee on August 13-14, 2018. All levee segments have now been inspected and all were found to be Minimally Acceptable.
Mr. Mustapha reported that he expects both ongoing Capital Outlay projects to be completed by the end of September. He provided a written report that detailed the status and progress of all ongoing Capital Outlay projects. He also provided a written report on the status of all open permits.
Ronald Lattier, Board Legal Counsel, was not present and submitted a written report. Mr. Lattier was advised by Mr. Mustapha that his presence at this meeting was very important due to the discussion regarding his appointment to the Red River Waterway Commission. Mr. Lattier was unable to attend due to a previous engagement, attending the National Waterways Conference Annual Meeting in New Orleans.
Sam Brimer, Forester, had no report.
There was no Engineer’s Report.
There was no Personnel Committee Report.
Mrs. Helen Godfrey-Smith, Chair of the Legal Committee, reported that the Legal Committee will be meeting within the next month to discuss the upcoming renewal of attorney contracts in December.
Mr. Walker, Chair of the Equipment Committee, presented to the Board a request to purchase two new F-150 trucks for the District. Mr. Mustapha provided a quote for the purchase of the two new Ford F-150 crew cab trucks from Courtesy Automotive in Breaux Bridge, a piggyback purchase using the Jefferson Parish Sheriff’s Office Bid #18-JUL-1801 which was bid in compliance with R.S. 38:2211 et seq.. Mr. Walker made a motion, with a second by Mrs. Moore to approve the purchase of two 2019 Ford F-150 XLT crew cab trucks. The motion unanimously passed. Mr. Mustapha reported that delivery of the two trucks will be expected in January or February of 2019.
Mrs. Moore made a motion, with a second by Mr. Walker, to enter Executive Session to discuss the appointment of Mr. Ronald F. Lattier to the Red River Waterway Commission and the possible legal implications of this appointment. The motion unanimously passed.
Mrs. Moore made a motion, with a second by Mrs. Smith, to come out of Executive Session. The motion unanimously passed.
Mr. Harrison reported that the Board discussed the legality of the appointment of Ronald F. Latter to the Red River Waterway Commission and agreed to solicit a formal opinion from the Attorney General’s Office on the possible violation of LSA R.S. 34:2303. Mr. Harrison made a motion, with a second by Mrs. Smith, to approve the following resolution to formally request the opinion of the Louisiana Attorney General. The motion unanimously passed.
WHEREAS, in accordance with Louisiana Revised Statutes 34.2303.D requires that the Board of Commissioners of Caddo Levee District, the Police Jury of Caddo Parish and the Red River Valley Association nominate one qualifying individual for membership on the Red River Waterway Commission; and
WHEREAS, the Board of Commissioners of Caddo Levee District, the Police Jury of Caddo Parish and the Red River Valley Association nominated Mrs. Carolyn C. Prator for membership on the Red River Waterway Commission to fill the vacancy created by the passing of Parish member Mr. Roger M. “Mickey” Prestridge; and
WHEREAS, Louisiana Revised Statutes 34.2303.B states that the Parish member on the Red River Waterway Commission shall be appointed by the Governor from nominees submitted to him by the Police Jury of Caddo Parish, the Board of Commissioners of Caddo Levee District and the Red River Valley Association; and
WHEREAS, Mrs. Carolyn C. Prator was the only individual nominated by the Police Jury of Caddo Parish, the Board of Commissioners of Caddo Levee District and the Red River Valley Association; and
WHEREAS, the individual who was appointed by the Governor to fill the vacancy on the Red River Waterway Commission was not nominated by any of the three (3) entities being the Police Jury of Caddo Parish, the Board of Commissioners of Caddo Levee District and the Red River Valley Association.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Caddo Levee District, in legal session convened, request an official opinion of the Louisiana Attorney General regarding the appointment of an individual to the Red River Waterway Commission who was not nominated by the three (3) entities and failure to appoint the official nominee, Mrs. Carolyn C. Prator, as required by Louisiana Revised Statutes 34.2303.
With no further business to be brought before the Board, Mr. Harrison made a motion to adjourn, with a second by Mrs. Moore. The motion unanimously passed, and the meeting was adjourned.