The Bienville Parish Police Jury met in regular session on April 14, 2021, with the following members present: Bill Sims, Jerry Roberson, Darryl Ryder, Jerry Bates, Vic Fowler, Michael Nelson and Raymond Malone.
The invocation was given by Mr. Darryl Ryder.
The Pledge of Allegiance was led by Mr. Jerry Bates.
Mr. Malone made the motion to approve the agenda with the addition of Mr. Glynn Price and the Veteran’s Wall at the Shady Grove Recreation District. The motion was seconded by Mr. Ryder and was unanimously approved.
Mr. Malone made the motion to waive the reading of the minutes of the last regular meeting of March 10, 2021, and to approve the same as published in the official journal and mailed to the members. The motion was seconded by Mr. Nelson and unanimously approved.
President Sims called on Mr. Hays for the report of the Public Works Committee. Mr. Hays stated that the Public Works Committee approved his recommendation as follows:
1. Approve the hiring on a full-time basis of Mr. David Brown and Mr. Antonio Smith. Mr. Roberson made the motion to approve the hiring of the men as presented, seconded by Mr. Bates and unanimously approved.
2. Approve the request from the School Board to construct a school bus turnaround on Weathers Road. Mr. Ryder made the motion to approve the request, seconded by Mr. Fowler and unanimously approved.
3. Approve the request from the Village of Jamestown for repair on Kirkham Street and the request from the Hospital Service District #2 for repair of dumpster location. Mr. Fowler made the motion to approve the requests, seconded by Mr. Bates and unanimously approved.
4. Approve the annual mowing and distribution of hot mix in each municipality pursuant to the submission of the required request form. Mr. Ryder made the motion to approve the mowing and distribution of hot mix, seconded by Mr. Nelson and unanimously approved.
5. Authorize the initial implementation of the guard rail project on Bistineau Lake Road. Mr. Ryder approved the implementation as presented, seconded by Mr. Bates and unanimously approved.
President Sims called for the opening of bids on the surplus items as the next order of business. Bids that met the minimum bid amount were opened and read as follows:
- Frank Blow – Item 109 – $5751.50; Item 60 – $776.00; Item 72 – $776.00
- Adams Construction – Item 184 – $1960.00
- Brian Taylor – Item 69 – $10151.00; Item 109 – $7551.00; Item 60 – $551.00; Item 72 – $611.00; Item 115 – $654.00; Item 116 – $851.00
- Jerry Hollowell – Item 110 – $4616.80; Item 107 – $4616.80; Item 106 – $4615.85; Item 184 – $1775.60; Item 73 – $215.60; Item 116 – $710.90; Item 117 – $710.90; Item 06 – $14660.80
- Bubba Bamburg – Item 57 – $1010.00; Item 108 – $4250.00; Item 109 – $5300.00; Item 114 – $950.00
- Keith Gantt – Item 72 – $410.00; Item 73 – $215.00; Item 114 – $710.00; Item 115 – $410.00; Item 116 – $710.00; Item 117 – $710.00; Item 07 – $1010.00; Item 55 – $510.00; Item 87 – $1010.00; Item 84 – $2050.00
- Calvin Crane – Item 57 – $1200.00; Item 110 – $5600.00; Item 107 – $5600.00; Item 108 – $5600.00; Item 109 – $5600.00; Item 106 – $5600.00
- Richard Rhodes – Item 07 – $1100.00; Item 87 – $1100.00
- Tony Cato – Item 55 – $556.00
- Roy Boddie – Item 07 – $1599.00; Item 06 – $5999.00
- J J Merchant – Item 69 – $7777.77; Item 110 – $4777.77; Item 107 – $4293.93; Item 108 – $4781.81; Item 109 – $5079.79; Item 106 – $5579.79; Item 184 – $1577.77; Item 60 – $427.27; Item 72 – $457.57; Item 115 – $437.77
Mr. Nelson made the motion to accept the highest bid if it met the minimum requirement. The motion was seconded by Mr. Roberson and unanimously approved.
Mr. Malone made the motion to rebid any items that did not receive a bid at next months meeting. The motion was seconded by Mr. Fowler and unanimously approved.
President Sims stated this meeting had been called as a public hearing to consider the adoption of the following Ordinance. The Secretary stated he had received no objections and there were none made from the audience. Mr. Bates submitted the following Ordinance for adoption:
ORDINANCE NO. 1 of 2021
AN ORDINANCE REQUIRING A WRITTEN PERMIT TO HAUL HEAVY LOADS/PRODUCTS ON PARISH MAINTAINED ROADS AND BRIDGES
WHEREAS, there have been numerous times in the past, when Bienville Parish roads, bridges, and rights -of-way have been heavily damaged by use of equipment and hauling of loads for which the roads were not intended and
WHEREAS, the Bienville Parish Police Jury has only limited funds available to fulfill its obligation for the maintenance of parish roads, bridges, and rights-of-ways so as to afford the general public safe access over said roads and bridges.
NOW, THREFORE, BE IT RESOLVED, that the following Ordinance describing the requirements for a written permit, to be issued to any person, corporation, or entity, using the parish-maintained roads for hauling purposes:
SECTION I VEHICLES PROHIBITED EXCEPT BY PERMIT
1. Now Therefore Be It Ordained, that is shall be unlawful for any person, corporation, or entity to operate a vehicle or combination of vehicles having a total gross weight in
excess of twenty (20) tons on Bienville Parish roads and bridges maintained by the Bienville Parish Police Jury without first obtaining a Permit from the Bienville Parish Police Jury.
Exception – If a permit is requested for a Bienville Parish Police Jury Road which has a bridge posted and marked lower than twenty (20) tons and where that bridge must be crossed, the request for a permit shall be denied. This permit, if issued, in no way allows applicant to exceed weight limit on any posted bridge.
2. The permit shall be issued by either the Bienville Parish Public Works Department or by official action of the Bienville Parish Police Jury, if, in the exercise of their discretion, they determine that the applicant should have a permit. The department shall consider the following factors in the issuance of the permit, as well as any other circumstances existing in the particular case:
- There is an economic necessity for the permit;
- There exists a necessity of transportation by public roads, or
- The department or the Jury considers that the best interest of the parish requires the issuance of the permit.
The permit shall be issued at no cost.
3. The permit shall be required for each job or contract to be undertaken by the applicant and the permit shall expire upon the completion of the permitted job or contract. No permit shall be issued for a period to exceed sixty (60) days. The Bienville Parish Police Jury, at its discretion, reserves the right to cancel the permit at any time.
4. The permit, or a copy thereof, shall be kept in each vehicle or piece of equipment that exceeds the weight limits established by the section.
5. Any person, corporation or entity who operates a vehicle on Bienville Parish roads and bridges having a total gross weight in excess of twenty (20) tons without having a valid, unexpired permit issued by the Bienville Parish Police Jury, shall be guilty of a misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00) for a first offense. Upon conviction of a second offense, the offender shall be fined not more than five hundred dollars ($500.00). If the offender has been convicted under this section two (2) or more times previously, upon any subsequent conviction, the offender shall be fined not more than five hundred dollars ($500.00) or imprisoned in the parish jail for not more than six (6) months or both.
In addition, or as an alternate to, the above, at its discretion, the Bienville Parish Police Jury may deny any permit requests of the offending party for a period of up to six (6) months from date of notice.
6. Any ordinance, or parts thereof, in conflict herewith be and is hereby repealed except in those instances where lower weight limits have been designated for specific roads and/or bridges.
SECTION II ABUSIVE USE OF PARISH ROADS PROHIBITED
1. Be it Further Ordained, that is shall be unlawful for any person, corporation, or entity to operate, or cause to be operated, any vehicle or equipment, or any combination of vehicles or equipment, on any parish road, parish right-of-way, or parish bridge when said road, right-of-way, or bridge is in a wet and soft condition or any other time, if and when:
- The use, or repeated use, of said equipment results in the creation of ruts four (4) inches or more in the surface of either dirt or aggregate-surface roads.
- The use, or repeated use, of said vehicles or equipment results in creating depressions or ruts in the surface of a black-topped road to a depth of one (1) inch or more.
- The use, or repeated use, of said vehicle or equipment results in permanent damage to the surface of a black-topped road and depth of one (1) inch or more.
- The use, or repeated use, of said vehicle or equipment results in accumulations of mud being tracked onto the surface of a parish road or bridge, or
- The use, or repeated use, of said vehicle or equipment results in any of the following on parish owned right-of-way:
a. The disturbance or displacement of soil that, left unrepaired, would result in the erosion of said right-of-way property.
b. The leaving of any trash, litter, or debris that impedes proper drainage along said right-of-way.
- In the opinion of the Bienville Parish Police Jury or its designee, that operation or use would be harmful to Parish roads, bridges, or rights -of- way.
2. For the purpose of this section, the word “road” shall be defined as that portion of the total parish right-of-way which is surfaced with either dirt and gravel, or bituminous material over which the general motoring public travels. “Right-of-way” shall be defined as that property, or interest therein, acquired for or devoted to, a road or highway, and which is adjacent to, or alongside of, the traveled road surface, exclusive of the roadway itself.
3. Any owner or operated of any vehicle or equipment described herein violating any provision of this section shall be guilty of a misdemeanor and shall be fined not more than two hundred fifty ($250.00) dollars or sentenced to the parish Jail a period not to exceed two (2) months or both.
Where the owner or operator is found guilty on second occasion, within a five-year period of a first conviction, then the fine shall not be less than two hundred fifty ($250.00) nor more than five hundred ($500.00) dollars or sentenced to the Bienville Parish Jail a period of four months, or both.
Where the owner or operator is found guilty on a third occasion, within a five-year period of a fist conviction, then, the fine shall not be less than five hundred ($500.00) dollars or sentenced to the Bienville Parish Jail a period not to exceed six (6) months, or both.
4. Any person, corporation, or entity that, in the opinion of the Bienville Parish Police Jury or its designee, causes any damage to a parish road, bridge, or right-of-way, regardless of weight of vehicle and whether or not there is a valid, unexpired permit, shall be liable for all or part of that damage. The party causing damage shall, at its own expense, repair or restore the portion of any road so damaged to at least its original condition. Such repairs shall be made under the direction and control of the Police Jury or its designee and shall be made within fourteen (14) consecutive calendar days of completion of the job or contract or from notice from the Police Jury that repair work is required. The Bienville Parish Police Jury will be the judge of when, and how much, repair work is required. During the course of a lengthy job or contract requiring heavy hauling, multiple instances of repair work may be required.
Alternatively, the person, corporation, or entity may reimburse the Bienville Parish Police Jury for the actual cost incurred for the repair and restoration of damaged roads to their original condition. If possible, required repair work would be performed by the Bienville Parish Police Jury Road Department but, in some instances, contract work may be necessary depending upon scope and time frame of required work.
If required repair work is not performed by the responsible party within the stated 14 days or after notice is given that work is required, the Bienville Parish Police Jury will repair or cause to be repaired the damaged portion and will invoice the responsible party. It may also be necessary for the Bienville Parish Police Jury to make immediate repair in an instance regarding safety on a damaged area. Required safety work would be performed by the Police Jury and the responsible party would be invoiced for this work. All invoices should be paid to the Bienville Parish Police Jury within thirty (30) days of invoice date. If not paid, any current permit would be canceled, and no additional future permits would be issued until full payment was made. In addition, possible legal proceedings could follow.
5. In no instance should a parish road or bridge be made impassable. If so, immediate steps should be taken by responsible party to repair road.
6. In the instance where multiple parties damaged a road, the Police Jury, with input from all involved parties, will determine the portions of responsibility.
7. The Bienville Parish Police Jury may, at its discretion, require a bond to the executed by an applicant in an amount sufficient to guarantee the payment of any damages that may occur to a parish road, bridge, or right-of-way as a consequence of the transportation authorized by the permit. A certified check, cashier’s check, or surety bond meeting the requirement of the Police Jury will be required.
8. The above stated policy shall be implemented and placed into effect as to all responsible parties who make use of the parish roads, bridges, and rights-of-way for the purpose of any type construction, development, or industrial project including but not limited to the drilling of oil or gas wells, large construction projects, poultry operations, dirt pit operations, removal of timber or any type natural resource, etc.
9. It shall not be a defense to this section that the owner or operator of the equipment causing the damage has a valid unexpired permit issued by the Bienville Parish Police Jury.
SECTION III FARM OR OTHER MACHINERY CROSSING OR TURNING AROUND ON ROADS
1. Be it Further Ordained, that it shall be unlawful for any person to cross or turn around upon any asphalt or paved road or right-of-way with track machinery, while in the act of moving this machinery or equipment. However, no part of this section is intended to prevent the use of parish roads by any machinery for transportation or other purposes as authorized by law.
2. This section also prohibits the misuse of parish roads by the owner or operator of other vehicles, such as four-wheel drive vehicles, all terrain vehicles, or any other recreational type vehicle when, in the opinion of the Bienville Parish Police Jury or its designee, said use is of a malicious or deliberate nature.
3. Any person violating the provisions of this section or failing to comply with any of its requirements, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined the sum of two hundred fifty ($250.00) dollars. In addition, said violator shall be required to pay all costs and expenses involved in the case.
SECTION IV DITCHING OR CUTTING
No person shall ditch, cut or change the shape of any parish owned and maintained road within the parish. Any person violating any provision of this section shall be guilty of committing a misdemeanor, and upon conviction shall pay a fine not exceeding one hundred ($100.00) dollars or be confined in the parish jail for a period of not over thirty (30) days, or both, at the discretion of the court.
- SECTION V EFFECTIVE DATE
This ordinance shall become effective upon its adoption.
The above ordinance was adopted as a whole by the following vote:
YEAS: Sims, Roberson, Ryder, Bates, Fowler, Nelson and Malone.
WHEREUPON said ordinance was declared adopted on this 14th day of April, 2021 at Arcadia, Bienville Parish, Louisiana.
POLICE JURY PRESIDENT SECRETARY – TREASURER
Mr. Bates submitted the following resolution, seconded by Mr. Nelson and unanimously approved:
WHEREAS, there is currently a large portion of Bienville Parish citizens with limited or no access to high-speed internet, known as “broadband”, and there is a clear “digital divide”, or gap between those who have broadband and those who do not in Bienville Parish.
WHEREAS, closing the “digital divide” is vital to the economic prosperity and quality of life for residents of Bienville Parish, and has become even more critical due to the coronavirus (COVID 19) pandemic.
WHEREAS, the Bienville Parish Police Jury is fully committed to helping families and children lead healthy, productive and fulfilling lives, and recognizes the importance of access to reliable and affordable broadband in achieving these outcomes.
WHERAS, COVID 19 has forced schools in Bienville Parish and across the nation to adopt distance learning, it has become apparent that inadequate connectivity in rural communities in Bienville Parish must be addressed to ensure that out students receive a quality education that prepares them to be productive and responsible citizens.
WHEREAS, the Police Jury recognizes that access to rural broadband in Bienville Parish is crucial to our ability to attract and retain businesses of all sizes and from all sectors of the global economy. High-speed internet in our rural communities is a vital component to the economic prosperity of Bienville Parish businesses.
WHEREAS, residential home values are known to increase with the availability of reliable broadband service, and the future development of residential neighborhoods in Bienville Parish will in large part depend upon access to high-speed internet.
WHEREAS, the Bienville Parish Police Jury recognizes that it has the opportunity to positively impact the deployment and adoption of rural broadband throughout Bienville Parish and is committed to doing so by partnering with internet providers, the Governor, the State Legislature, other governmental entities, civic leaders, community organizations, employers, educators and citizens.
WHEREAS, the Police Jury is aware that the FCC has adopted the Rural Digital Opportunity Fund(RDOF), which directs $20.4 billion over 10 years to fund the deployment of high-speed broadband networks in rural America through a two-phase reverse auction. The Police Jury has identified numerous census blocks within Bienville Parish that are wholly unserved with fixed broadband at speed of at least 25/3 Mbps, and we are committed to working with broadband providers who are considering bidding on census tracts within Bienville Parish.
NOW THEREFORE BE IT RESOLVED, that the Bienville Parish Police Jury hereby fully
supports obtaining reliable, affordable high-speed internet in all areas of Bienville Parish.
Mr. Fowler made the motion to approve the Chamber of Commerce requests as follows:
Slabtown Festival $3000
Castor Freedom Fest $3000
Jonquil Jubilee provided the appropriate justification is received.
The motion was seconded by Mr. Nelson and unanimously approved.
Mr. Malone made the motion to appoint Mrs. Helen Robinson to the Library Board. The motion was seconded by Mr. Ryder and unanimously approved.
Mr. Roberson submitted the following resolution:
WHEREAS, several high school basketball teams in Bienville Parish participated in post season play; and,
WHEREAS, the Arcadia Hornets basketball team won the Louisiana State Championship in Class 1A.
NOW THEREFORE BE IT RESOLVED, by the Police Jury of Bienville Parish, that it does hereby express its congratulations to the players and coaches of all the parish basketball teams for their outstanding accomplishments this season.
The motion was seconded by Mr. Malone and a roll call vote was as follows:
YEAS: Sims, Roberson, Ryder, Bates, Fowler, Nelson and Malone.
Mr. Malone made the motion to approve all General Fund and Solid Waste Fund bills submitted by the treasurer and examined by the Finance Committee. The motion was seconded by Mr. Ryder and unanimously approved.
Mr. Nelson made the motion to approve all Road Fund bills submitted by the treasurer and examined by the Road Superintendent and the Public Works Committee. The motion was seconded by Mr. Roberson and unanimously approved.
Mr. Glynn Price spoke to the jury regarding rental assistance.
There being no further business to come before the jury, and on motion to adjourn by Mr. Bates, seconded by Mr. Fowler and unanimously approved, President Sims declared the meeting adjourned, subject to call, until the regular meeting date, May 12, 2021, at 9:00 a.m.
Rodney L. Warren Bill Sims