PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
RESERVE, LA - Meeting of December 3, 2009
The Chair called the meeting to order and read the following call:
HONORABLE MEMBERS OF THE SCHOOL BOARD
Parish of St. John the Baptist
Dear Board Member:
Upon call of the President, the St. John the Baptist Parish School Board will meet in regular session at Godchaux Grammar Cafeteria, 1600 Highway 44, Reserve, Louisiana, at 6:00 p.m., on Thursday December 3, 2009.
An agenda for the meeting is attached.
Sincerely,
s/Courtney P. Millet, Ph.D.
Superintendent/Secretary
The Chair called for a moment of silent meditation followed by the Pledge of Allegiance.
ROLL CALL OF MEMBERS:
PRESENT: Messrs. Sanders, Madere, Jones, Johnson, Wise, Bacas, Ory, Triche, Keller.
ABSENT: Messrs. Jack, Burl.
There were 9 members present and 2 absent.
ITEM 3. APPROVAL OF MINUTES: Meeting of November 5, 2009. A motion was made by Mr. Jones, seconded by Mr. Madere, to accept the minutes of November 5, 2009 as printed and published. There were no objections and the motion to approve the minutes carried. Messrs. Jack and Burl were absent.
ITEM 4. SUPERINTENDENT’S REPORT. Courtney P. Millet, Ph.D., Superintendent.
a. Dr. Millet stated that the First Grade Bell Choir at LaPlace Elementary was first developed in 2002, by Mrs. Kristina Miller and Mrs. Anita Rodriguez. To help with the funding of the choir, the founding teachers held many school-wide fund-raising activities and local businesses helped by sponsoring the choir. A TAG Grant sponsored by the LaPlace Rotary Club was awarded to the choir and Valero was also a sponsor in 2007. The 2009 Bell Choir, under the direction of Mrs. Kristina Miller, Mrs. Leslie Faucheux, and Mrs. Michelle Jensen, performed for the audience.
Mr. Jack and Mr. Burl arrived at 6:08 p.m. and were recorded as present.
b. Dr. Millet announced that a Christmas Card Contest was recently held for all students in St. John the Baptist Parish public schools. Dr. Millet thanked LaPlace Elementary, Garyville/Mt. Airy Magnet, East St. John Elementary, John L. Ory Magnet, East St. John High and West St. John High Schools for participating in the contest. She stated that a committee of administration, Board members, and staff reviewed the entries sent in from each school and a winner was selected. Dr. Millet congratulated Terri Scott, a senior at East St. John High School, for creating the winning artwork for the card that will be used by the district this year.
c. Dr. Millet congratulated Ms. Holly Moore for receiving National Board Certification. Ms. Moore was present and introduced herself to the Board.
Dr. Millet read the following: This year for the first time, East St. John High School offered students the opportunity to enroll in the STAR I class. This class was created by the Louisiana Department of Education working with a committee of educators to compile a complete curriculum titled, STAR-Students Teaching And Reading. It serves as the one teacher preparation course to be used by secondary teachers in the state and is an attempt to address a national crisis, the shortage of teachers. Students enrolled in the STAR class are provided with a variety of field experiences including five hours of observations at different grade levels, 15+ hours of internship, participation in a service-learning project, etc. Their work is real-life application of the material studied in class. They assist in classrooms where they work one-on-one with students, plan and teach lessons, and learn firsthand what is required if one decides to become a teacher. The curriculum is challenging but rewarding. The goal of the STAR class is to engage students in the field of education and to achieve the state’s goal of “having a caring and competent teacher in every classroom”. Members of the STAR I class are Albreian Cornish, Jennifer Desjardins, Erika Garrett, Brittany Hebert, Keiara Neal, Grace Nsuami, Tyron Tatum, Austin Trosclair and Brooke Wiles.
Tyron Daley spoke on behalf of the students in the class. He thanked the Superintendent and Board members for putting this program into place.
Dr. Millet read the following: The Louisiana Association of Computer Using Educator recognized Shayla Guidry at their annual leadership luncheon today as Region III, Secondary Teacher of the Year. Shayla is the Master Technology Teacher on the West Bank and works with both West St. John High and West St. John Elementary. She also facilitates the Multimedia production class at the high school, which produces a daily morning show called the Ram Power Hour. Bonnie Dinvaut, Coordinator of Educational Technology nominated Shayla for her dedication, and efforts to effectively integrate technology into the educational process. West St. John Elementary Middle School students also won the 2009 Student Video Contest with their first place submission in the category of social/civic. Their video submission was entitled “No Way Out: The Closing of the Edgard Ferry”.
Dr. Millet congratulated Ms. Shayla Guidry and the West St. John Elementary Middle School students.
Mr. Elton Oubre presented an update on the H1N1 virus. He stated that the primary goal was to complete an H1N1 Plan for all St. John Parish Schools and he continues to work with all health agencies on this epidemic. He stated that the Region 3 office confirmed that the vaccine will be available at the Public Health Unit and that teachers and staff members were named as a priority group. The vaccine will be made available to priority groups free of charge, but all faculty and staff members must make an appointment to take advantage of this service.
ITEM 5. EDUCATIONAL PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF. a. None
The President stated that ITEM 7b, ITEM 7c, AND ITEM 7d would be presented at this time.
ITEM 7b. Hugh Martin, Foley & Judell, L.L.P. - Resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of $18,000,000 of General Obligation School Bonds, Series 2010 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana and providing for other matters in connection therewith (Requires action by the Board)
A motion was made by Mr. Madere, seconded by Mr. Sanders to approve the Resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of $18,000,000 of General Obligation School Bonds, Series 2010 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana and providing for other matters in connection therewith. There were no objections and the motion passed unanimously.
RESOLUTION
A resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of Eighteen Million Dollars ($18,000,000) of General Obligation School Bonds, Series 2010 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, approving the Official Notice of Bond Sale and Official Statement in connection therewith, and authorizing the President and the Secretary of the Parish School Board to sign copies thereof as evidence of the approval thereof.
BE IT RESOLVED by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the ADistrict@):
SECTION 1. This Parish School Board (the "Governing Authority") does now proceed in open and public session to open and tabulate the sealed and electronic bids received for the purchase of Eighteen Million Dollars ($18,000,000) of General Obligation School Bonds, Series 2010, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, authorized and duly advertised for sale by virtue of a resolution adopted on October 15, 2009.
SECTION 2. The official Notice of Bond Sale and Official Statement prepared in connection with the sale of the aforementioned Bonds, and the information contained therein, are hereby approved by this Governing Authority and the President and the Secretary of the Governing Authority are hereby authorized, empowered and directed to sign copies thereof as evidence of the approval of the District.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT:ABSTAINING:
Russell Jack, Jr. x
Albert AAli@ Burl, III x
Gerald J. Keller x
Patrick H. Sanders x
James Madere x
Keith Jones x
Phillip Johnson x
Russ Wise x
Lowell Bacas x
Matthew J. Ory x
Clarence Triche x
And the resolution was declared adopted on this, the 3rd day of December, 2009.
________________________________
Gerald J. Keller, Ph.D., President
________________________________
Courtney P. Millet, Ph.D., Secretary
ITEM 7c. Hugh Martin, Foley & Judell, L.L.P. - Resolution accepting the low bid for the purchase of $18,000,000 of General Obligation School Bonds, Series 2010 of School District No. 1 of the Parish of St. John the Baptist State of Louisiana (Requires action by the Board)
A motion was made by Mr. Madere, seconded by Mr. Bacas to approve the Resolution accepting the low bid for the purchase of $18,000,000 of General Obligation School Bonds, Series 2010 of School District No. 1 of the Parish of St. John the Baptist State of Louisiana. There were no objections and the motion passed unanimously.
The bids received on December 3, 2009, for the purchase of Eighteen Million Dollars ($18,000,000) of General Obligation School Bonds, Series 2010 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, were thereupon read in public session of the Governing Authority, said bids being based upon the maturity schedule set out in the Official Statement and hereinafter set out in these proceedings, said bids being as follows, to‑wit:
BIDDER TIC
Crews & Associates, Inc. 3.8268%
Morgan Keegan & Co., Inc. 4.1061
Merrill Lynch & Co. 4.1481
Sterne, Agee & Leach, Inc. 4.3212
Robert W. Baird & Co., Inc. 4.4439
The following resolution was offered by James Madere and seconded by Lowell Bacas:
RESOLUTION
A resolution accepting the bid of Crews & Associates, Inc., of Little Rock, Arkansas, for the purchase of Eighteen Million Dollars ($18,000,000) of General Obligation School Bonds, Series 2010 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
WHEREAS, pursuant to the provisions of a Notice of Bond Sale dated October 15, 2009, published in the manner required by law, and pursuant to the provisions of a resolution adopted by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Issuer") bids were solicited for the purchase of Eighteen Million Dollars ($18,000,000) of General Obligation School Bonds, Series 2010, of the Issuer (the "Bonds"), on December 3, 2009; and
WHEREAS, five (5) bids were received for the purchase of the Bonds; and
WHEREAS, this Parish School Board has found and determined and does hereby find and determine that the bid submitted by Crews & Associates, Inc., of Little Rock, Arkansas (the APurchaser@) complies with all terms and conditions prescribed by the Notice of Bond Sale and Official Statement; and
WHEREAS, this Parish School Board desires to accept said bid and to take such action as may be necessary to accomplish the delivery of the Bonds to the Purchaser;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana (the AGoverning Authority@), acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the ADistrict@), that:
SECTION 1. The bid of the Purchaser for the purchase of the Bonds, a copy of which is annexed hereto as Exhibit A, is hereby accepted and the Bonds are hereby awarded in compliance with the terms of the bid.
SECTION 2. In accordance with the provisions of the Preliminary Official Statement, the acceptance and award of each bid is conditioned on the receipt by wire on or before 3:30 p.m. tomorrow of an amount equal to 1% of the principal amount of the Bonds described in such bid. In the event a good faith deposit for the issue of Bonds is not received timely, this acceptance of such bid and award of the sale of such Bonds shall be void. The amount of the good faith deposit shall be deposited and credited towards the purchase price of the Bonds without regard to any interest earnings thereon.
SECTION 3. When the Bonds have been properly prepared, this Governing Authority is hereby authorized to deliver the Bonds to the Purchaser upon the payment of Eighteen Million Dollars ($18,000,000) and accrued interest to the date of delivery, plus a premium of $5,354.85, less a credit of $180,000 for the amount of the good faith deposit described above.
SECTION 4. The Governing Authority hereby finds that due diligence has been exercised in preparing the Bonds for sale and in preparing the Official Statement pertaining to the Bonds, and in view of that fact, the President and Secretary of the Governing Authority are hereby authorized and directed to execute and deliver to the successful bidder, as set forth herein, at the time of closing, a certificate which shall be substantially in the form of the certificate annexed hereto as Exhibit B.
SECTION 5. The foregoing resolution shall take effect immediately upon its adoption.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Russell Jack, Jr. x
Albert AAli@ Burl, III x
Gerald J. Keller x
Patrick H. Sanders x
James Madere x
Keith Jones x
Phillip Johnson x
Russ Wise x
Lowell Bacas x
Matthew J. Ory x
Clarence Triche x
And the resolution was declared adopted on this, the 3rd day of December, 2009.
________________________________
Gerald J. Keller, Ph.D., President
________________________________
Courtney P. Millet, Ph.D., Secretary
ITEM 7d. Hugh Martin, Foley & Judell, L.L.P.- Resolution authorizing the incurring of debt and issuance of $18,000,000 of General Obligation School Bonds, Series 2010 of School District No. 1 of the Parish of St. John the Baptist,State of Louisiana, and providing for other matters in connection therewith (Requires action by the Board)
A motion was made by Mr. Triche, seconded by Mr. Johnson to approve the Resolution authorizing the incurring of debt and issuance of $18,000,000 of General Obligation School Bonds, Series 2010 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith. There were no objections and the motion passed unanimously.
RESOLUTION
A resolution authorizing the incurring of debt and issuance of Eighteen Million Dollars ($18,000,000) of General Obligation School Bonds, Series 2010, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana; prescribing the form, terms and conditions of said Bonds; designating the date, denomination and place of payment of said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith.
BE IT RESOLVED by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, that:
SECTION 1) Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
"Bond" means any Bonds of the Issuer authorized to be issued by this Resolution, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any Bond previously issued.
"Bond Register" means the records kept by the Paying Agent at its principal corporate office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
"Bonds" means the Issuer's General Obligation School Bonds, Series 2010, authorized by this Resolution, in the total aggregate principal amount of Eighteen Million Dollars ($18,000,000).
"Code" means the Internal Revenue Code of 1986, as amended.
"Executive Officers" means, collectively, the President and the Secretary of the Governing Authority.
"Governing Authority" means the Parish School Board of the Parish of St. John the Baptist, State of Louisiana.
"Government Securities" means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity, may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.
"Interest Payment Date" means March 1 and September 1 of each year, commencing March 1, 2010.
"Issuer" means School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
"Outstanding" when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:
1. Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
2. Bonds for which payment or redemption sufficient funds have been theretofore deposited in trust for the owners of such Bonds, provided that if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
3. Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Resolution;
4. Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Resolution or by law; and
5. Bonds for the payment of the principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.
"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Paying Agent" means Argent Trust, a division of National Independent Trust Company, in Ruston, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution and thereafter "Paying Agent" shall mean such successor Paying Agent.
"Person" means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
"Purchaser" means Crews & Associates, Inc., of Little Rock, Arkansas, the original purchaser of the Bonds.
"Record Date" for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.
"Resolution" means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.
SECTION 2) Authorization of Bonds; Maturities. In compliance with the terms and provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and being the second emission of bonds authorized at a special election held on November 4, 2008, there is hereby authorized the incurring of an indebtedness of Eighteen Million Dollars ($18,000,000) for, on behalf of, and in the name of the Issuer, for the purpose of acquiring and/or improving lands for building sites and playgrounds; including construction of necessary sidewalks and streets adjacent thereto; purchasing, erecting and/or improving school buildings and other school related facilities within and for the District, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public. The Bonds shall be in fully registered form, shall be dated January 1, 2010, shall be issued in the denomination of Five Thousand Dollars ($5,000) each or any integral multiple thereof within a single maturity and shall be numbered from R-1 upward. The unpaid principal of the Bonds shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on each Interest Payment Date, commencing March 1, 2010, at the following rates of interest and shall mature serially on March 1 of each year as follows:
Year Principal Interest Rate Year Principal Interest Rate
(March 1) Maturing Per Annum (March 1) Maturing Per Annum
2011 $580,000 2.000% 2021 $ 960,000 4.000%
2012 610,000 2.500 2022 1,010,000 4.000
2013 645,000 2.500 2023 1,060,000 4.000
2014 675,000 2.500 2024 1,115,000 4.000
2015 710,000 2.500 2025 1,170,000 4.000
2016 745,000 3.000 2026 1,235,000 4.000
2017 785,000 3.000 2027 1,295,000 4.000
2018 825,000 3.000 2028 1,360,000 4.125
2019 870,000 3.250 2029 1,435,000 4.250
2020 915,000 4.000
The principal of the Bonds, upon maturity or redemption, shall be payable at the principal corporate trust office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check mailed by the Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payments of principal, premium, if any, and interest on the Bonds will be made by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number will accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
SECTION 3) Book-Entry Registration of Bonds. The Bonds shall be initially issued in the name of Cede & Co., as nominee for The Depository Trust Company ("DTC"), as registered owner of the Bonds, and held in the custody of DTC. The Secretary of the Issuer or any other officer of the Issuer is authorized to execute and deliver a Letter of Representation to DTC on behalf of the Issuer with respect to the issuance of the Bonds in "book-entry only" format. The Paying Agent is hereby directed to execute said Letter of Representation. The terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of this Resolution and said Letter of Representation. Initially, a single certificate will be issued and delivered to DTC for each maturity of the Bonds. The Beneficial Owners will not receive physical delivery of Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details of each Bond acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book-entry only, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of Bonds is to receive, hold or deliver any Bond certificate.
Notwithstanding anything to the contrary herein, while the Bonds are issued in book-entry-only form, the payment of principal of, premium, if any, and interest on the Bonds may be payable by the Paying Agent by wire transfer to DTC in accordance with the Letter of Representation.
For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover such Beneficial Owner's allocable share of any tax, fee or other governmental charge that may be imposed in relation thereto.
Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner under the following circumstances:
(a) DTC determines to discontinue providing its service with respect to the Bonds. Such a determination may be made at any time by giving 30 days' notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law; or
b) The Issuer determines that continuation of the system of book-entry transfer through DTC (or a successor securities depository) is not in the best interests of the Issuer and/or the Beneficial Owners.
The Issuer and the Paying Agent will recognize DTC or its nominee as the Bondholder for all purposes, including notices and voting.
Neither the Issuer or the Paying Agent are responsible for the performance by DTC of any of its obligations, including, without limitation, the payment of moneys received by DTC, the forwarding of notices received by DTC or the giving of any consent or proxy in lieu of consent.
Whenever during the term of the Bonds the beneficial ownership thereof is determined by a book entry at DTC, the requirements of this Resolution of holding, delivering or transferring the Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect.
SECTION 4) Redemption Provisions. The Bonds maturing on March 1, 2021, and thereafter, shall be callable for redemption at the option of the Issuer in full or in part at any time on or after March 1, 2020, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. The Bonds are not required to be redeemed in inverse order of maturity.
In the event a Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Any Bond which is to be redeemed only in part shall be surrendered at the principal corporate trust office of the Paying Agent and there shall be delivered to the Owner of such Bond a new Bond or Bonds of the same maturity and of any authorized denomination or denominations as requested by such Owner in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the Owner of each Bond to be redeemed at his address as shown on the Bond Register.
SECTION 5) Registration and Transfer. The Issuer shall cause the Bond Register to be kept by the Paying Agent. The Bonds may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bond or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Bond during a period beginning (i) at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date or (ii) with respect to Bonds to be redeemed, at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Bonds and ending on the date of such redemption.
SECTION 6) Form of Bonds. The Bonds and the endorsements to appear thereon shall be in substantially the following forms, respectively, to-wit:
(FORM OF BOND)
Unless this Bond is presented by an authorized representative of the Depository Trust Company, a New York corporation ("DTC"), to the Issuer or their agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of CEDE & CO. or in such other name as is requested by an authorized representative of DTC (and any payment is made to CEDE & CO. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, CEDE & CO., has an interest herein.
As provided in the Resolution referred to herein, until the termination of the system of book-entry-only transfers through DTC and notwithstanding any other provision of the Resolution to the contrary, this Bond may be transferred, in whole but not in part, only to a nominee of DTC, or by a nominee of DTC to DTC or a nominee of DTC, or by DTC or a nominee of DTC to any successor securities depository or any nominee thereof.
No. R-_____ Principal Amount $_________
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF ST. JOHN THE BAPTIST
GENERAL OBLIGATION SCHOOL BOND, SERIES 2010
OF SCHOOL DISTRICT NO. 1 OF THE PARISH
OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA (the "Issuer"), promises to pay to
REGISTERED OWNER: CEDE & CO. (Tax Identification #13-2555119)
PRINCIPAL AMOUNT: ____________________________ DOLLARS
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on March 1, 2010, and semiannually thereafter on March 1 and September 1 of each year (each an "Interest Payment Date"), at the Interest Rate per annum set forth above until said Principal Amount is paid, unless this Bond shall have been previously called for redemption and payment shall have been made or duly provided for. The principal of this Bond, upon maturity or redemption, is payable in lawful money of the United States of America at the principal corporate trust office of Argent Trust, a division of National Independent Trust Company, in the City of Ruston, Louisiana, or successor thereto (the "Paying Agent"), upon presentation and surrender hereof. Interest on this Bond is payable by check mailed by the Paying Agent to the registered owner (determined as of the close of business on the 15th calendar day of the month next preceding the Interest Payment Date) at the address as shown on the registration books of the Paying Agent.
During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payment of principal, premium, if any, and interest on the Bonds will be paid by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number must accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
FOR SO LONG AS THIS BOND IS HELD IN BOOK-ENTRY FORM REGISTERED IN THE NAME OF CEDE & CO. ON THE REGISTRATION BOOKS OF THE ISSUER KEPT BY THE PAYING AGENT, AS BOND REGISTRAR, THIS BOND, IF CALLED FOR PARTIAL REDEMPTION IN ACCORDANCE WITH THE RESOLUTION, SHALL BECOME DUE AND PAYABLE ON THE REDEMPTION DATE DESIGNATED IN THE NOTICE OF REDEMPTION GIVEN IN ACCORDANCE WITH THE RESOLUTION AT, AND ONLY TO THE EXTENT OF, THE REDEMPTION PRICE, PLUS ACCRUED INTEREST TO THE SPECIFIED REDEMPTION DATE; AND THIS BOND SHALL BE PAID, TO THE EXTENT SO REDEEMED, (i) UPON PRESENTATION AND SURRENDER HEREOF AT THE OFFICE SPECIFIED IN SUCH NOTICE OR (ii) AT THE WRITTEN REQUEST OF CEDE & CO., BY CHECK MAILED TO CEDE & CO. BY THE PAYING AGENT OR BY WIRE TRANSFER TO CEDE & CO. BY THE PAYING AGENT IF CEDE & CO. AS BOND OWNER SO ELECTS. IF, ON THE REDEMPTION DATE, MONEYS FOR THE REDEMPTION OF BONDS OF SUCH MATURITY TO BE REDEEMED, TOGETHER WITH INTEREST TO THE REDEMPTION DATE, SHALL BE HELD BY THE PAYING AGENT SO AS TO BE AVAILABLE THEREFOR ON SUCH DATE, AND AFTER NOTICE OF REDEMPTION SHALL HAVE BEEN GIVEN IN ACCORDANCE WITH THE RESOLUTION, THEN, FROM AND AFTER THE REDEMPTION DATE, THE AGGREGATE PRINCIPAL AMOUNT OF THIS BOND SHALL BE IMMEDIATELY REDUCED BY AN AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT THEREOF SO REDEEMED, NOTWITHSTANDING WHETHER THIS BOND HAS BEEN SURRENDERED TO THE PAYING AGENT FOR CANCELLATION.
This bond is one of an authorized issue aggregating in principal the sum of Eighteen Million Dollars ($18,000,000) (the "Bonds"), all of like tenor and effect except as to number, denomination, interest rate and maturity, said Bonds having been issued by the Issuer pursuant to a resolution adopted by its governing authority on December 3, 2009 (the "Resolution"), for the purpose of acquiring and/or improving lands for building sites and playgrounds; including construction of necessary sidewalks and streets adjacent thereto; purchasing, erecting and/or improving school buildings and other school related facilities within and for the District, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public, under the authority conferred by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and are the second emission of bonds authorized at an election held on November 4, 2008, the results of which election have been duly promulgated in accordance with law.
The Bonds are issuable only as fully registered bonds in the denomination of $5,000 principal amount or any integral multiple thereof, exchangeable for an equal aggregate principal amount of bonds of the same maturity of any other authorized denomination.
Subject to the limitations of and upon payment of the charges provided in the Resolution, the transfer of this Bond may be registered on the registration books of the Paying Agent upon surrender of this Bond at the principal corporate trust office of the Paying Agent as registrar, accompanied by a written instrument of transfer in form and with guaranty of signature satisfactory to the Paying Agent, duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee. Prior to due presentment for registration of transfer of this Bond, the Issuer and the Paying Agent may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue and neither the Issuer nor the Paying Agent shall be bound by any notice to the contrary.
The Bonds maturing on March 1, 2021, and thereafter, are callable for redemption at the option of the Issuer in full or in part at any time on or after March 1, 2020, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. The Bonds are not required to be redeemed in inverse order of maturity. In the event any Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mail not less than thirty (30) days prior to the redemption date addressed to the registered owner of each Bond to be redeemed at his address as shown on the registration books of the Paying Agent.
The Resolution permits, with certain exceptions as therein provided, the amendment thereof and the modifications of the rights and obligations of the Issuer and the rights of the owners of the Bonds at any time by the Issuer with consent of the owners of two-thirds (2/3) of the aggregate principal amount of all Bonds issued under the Resolution, to be determined in accordance with the Resolution.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
This Bond and the issue of which it forms a part constitute general obligations of the Issuer, and the full faith and credit of the Issuer is pledged for the payment of this Bond and the issue of which it forms a part. Said Bonds are secured by a special ad valorem tax to be imposed and collected annually in excess of all other taxes on all the property subject to such taxation within the territorial limits of the Issuer, under the Constitution and laws of Louisiana, sufficient in amount to pay the principal of this Bond and the issue of which it forms a part and the interest thereon as they severally mature.
This Bond and the issue of which it forms a part have been duly registered with the Secretary of State of Louisiana as provided by law.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.
It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State.
IN WITNESS WHEREOF, the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, acting as the governing authority of the Issuer, has caused this Bond to be executed in its name by the facsimile signatures of its President and its Secretary and a facsimile of its corporate seal to be imprinted hereto SCHOOL DISTRICT NO. 1 OF
THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
_______________________________ __________________________________
Secretary, Parish School Board President, Parish School Board
(FORM OF SECRETARY OF STATE ENDORSEMENT-
TO BE PRINTED ON ALL BONDS)
OFFICE OF SECRETARY OF STATE - STATE OF LOUISIANA - BATON ROUGE
This Bond secured by a tax. Registered on this, the _____ day of ___________, 2010.
Secretary of State
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Bond is one of the Bonds referred to in the within-mentioned Resolution.
Argent Trust, a division of National Independent
Trust Company
Ruston, Louisiana
as Paying Agent
Date of Registration: BY:_________________________________
Authorized Officer
* * * * * *
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto _____ the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________ attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated:
NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.
* * * * * *
(FORM OF LEGAL OPINION CERTIFICATE ‑
TO BE PRINTED ON ALL BONDS)
I, the undersigned Secretary of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, do hereby certify that the following is a true copy of the complete legal opinion of Foley & Judell, L.L.P., the original of which was manually executed, dated and issued as of the date of payment for and delivery of the original Bonds of the issue described therein and was delivered to Crews & Associates, Inc., of Little Rock, Arkansas, the original purchaser thereof:
(Bond Printer Shall Insert Legal Opinion)
I further certify that an executed copy of the above legal opinion is on file in my office, and that an executed copy thereof has been furnished to the Paying Agent for this Bond.
(Facsimile)
Secretary
* * * * * *
STATEMENT OF INSURANCE, IF ANY
SECTION 7) Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Secretary of the Governing Authority, which signatures and corporate seal may be either manual or facsimile.
SECTION 8) Registration of Bonds. The Bonds shall be registered with the Secretary of State of the State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State in substantially the form set forth herein, provided that such endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser, and Bonds subsequently exchanged therefor as permitted in this Resolution may bear the facsimile signature of said Secretary of State.
SECTION 9) Pledge of Full Faith and Credit. The Bonds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged for their payment. This Governing Authority does hereby obligate itself and is bound under the terms and provisions of law and the election authorizing the Bonds to impose and collect annually in excess of all other taxes a tax on all of the property subject to taxation within the territorial limits of the Issuer sufficient to pay the principal of and the interest on the Bonds falling due each year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer.
SECTION 10) Sinking Fund. For the payment of the principal of and the interest on the Bonds, the Issuer will establish a special fund, to be held by the regularly designated fiscal agent of the Issuer (the "Sinking Fund"), into which the Issuer will deposit the proceeds of the aforesaid special tax and no other moneys whatsoever. The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least one (1) day in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest falling due on such date.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute sacred funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invested in accordance with the provisions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added only to the Sinking Fund.
SECTION 11) Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds, except accrued interest, shall be deposited by the Issuer with its fiscal agent bank or banks to be used only for the purpose for which the Bonds are issued. Accrued interest, if any, derived from the sale of the Bonds shall be deposited in the Sinking Fund to be applied to the first interest payment.
SECTION 12) Bonds Legal Obligations. The Bonds shall constitute legal, binding and valid obligations of the Issuer and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 13) Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Bonds and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.
No material modification or amendment of this Resolution, or of any resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity or redemption provisions of the Bonds, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the taxes pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of all of the Owners of the Bonds.
SECTION 14) Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of this Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 15) Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Bonds herein authorized and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:
"It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State."
SECTION 16) Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 17) Notices to Owners. Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver
SECTION 18) Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent. All canceled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 19) Mutilated, Destroyed, Lost or Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds. Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
SECTION 20) Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal (and redemption price) of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of the Bonds shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Bonds or interest installments for the payment or redemption of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section, if they have been defeased pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
SECTION 21) Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agent in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of a resolution or ordinance giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 22) Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".
The Executive Officers are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 23) Qualified Tax-Exempt Obligations . The Bonds are designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. In making this designation, the Issuer finds and determines that:
(a) the Bonds are not Aprivate activity bonds@ within the meaning of the Code; and
(b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2010 does not exceed $30,000,000.
SECTION 24) Publication. A copy of this Resolution shall be published immediately after its adoption in one (1) issue of the official journal of the Issuer.
SECTION 25) Continuing Disclosure. The Executive Officers are hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix H of the official statement issued in connection with the sale and issuance of the Bonds) pursuant to S.E.C. Rule 15c2-12(b)(5).
SECTION 26) Section Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 27) Effective Date. This Resolution shall become effective immediately.
The foregoing Resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Russell Jack, Jr. x
Albert AAli@ Burl, III x
Gerald J. Keller x
Patrick H. Sanders x
James Madere x
Keith Jones x
Phillip Johnson x
Russ Wise x
Lowell Bacas x
Matthew J. Ory x
Clarence Triche x
And the resolution was declared adopted on this, the 3rd day of December, 2009.
________________________________
Gerald J. Keller, Ph.D., President
________________________________
Courtney P. Millet, Ph.D., Secretary
The President called for a five minute recess to allow for the Resolutions to be signed. A motion was made by Mr. Madere, seconded by Mr. Jones for a five minute recess. There were no objections and the Board recessed at 6:37 p.m.
The President called the meeting back to order at 6:40 p.m. A motion was made by Mr. Bacas, seconded by Mr. Triche, to reconvene in regular session. There were no objections.
ITEM 6. PERSONNEL MATTERS: Dr. Leigh Ann Beard, Director of Human Resources.
a. Personnel Changes (Requires action by the Board). Dr. Beard presented the following Personnel Changes for approval:
I. PROFESSIONAL
A. New Hires
1. Meghan R. Foley, Teacher, Garyville/Mt. Airy Magnet, October 26, 2009
B. Resignation
1. Melinda Gros, Teacher, Garyville/Mt. Airy Magnet, October 28, 2009
2. Kathleen Boyd, Teacher, Garyville/Mt. Airy Magnet, October 28, 2009
C. Extended Sick Leave
1. Jeffrey Weiss, Teacher, Redirection Center, September 16-28, 2009
2. Angelle DeLaneuville, Teacher, West St. John High, Oct. 19, 2009-Dec. 18, 2009
3. Jasmin Green, Teacher, LaPlace Elementary, November 16, 2009-January 8, 2010
A motion was made by Mr. Bacas, seconded by Mr. Triche, to accept the Personnel Changes as presented. There were no objections and the motion passed unanimously.
ITEM 7. BUSINESS AND FINANCE: Mr. Felix Boughton, Executive Director of Business and Finance. a. Mrs. Bonnie Dinvaut, Coordinator of Educational Technology and Mr. Bob Bourgeois, Coordinator of Information Technology - Turn On to Learning: Mobile One-to-One Learning Lab Initiative (Review Only)
Mr. Bob Bourgeois explained to the Board that the main focus on the 21st Century Engaged Classroom is to provide a technology infusion program in all 7th, 8th, and 9th grade English Language Arts classes throughout the district. He stated that this project provides technology tools and professional development to assist teachers in creating more engaging classrooms, with the ultimate goal of increasing student achievement.
TEM 7e. CSRS - Request permission from the Board to present an information item, Monthly Progress Update on the Master Plan and Program Management Services provided by CSRS, Inc.
Mr. Bob Cooper, CSRS, distributed the Board with the Program Management Monthly Report for November 2009. He stated there was a ground-breaking ceremony at Emily C. Watkins on November 17, 2009 for the playground equipment phase of construction.
ITEM 7f. CSRS - Request Board approval to award contract to Architectural Design firm selected by AE Selection Committee for the LaPlace Elementary School Renovations and Additions Project (Requires action by the Board)
Mr. Steve Baker, Marathon /Garyville Refinery, introduced himself to the Board. He stated that the AE Selection Committee, of which he is a member, met on November 9, 2009 and created a short list of 3 AE firms from the 20 applications received for the LaPlace Elementary School Renovations and Additions Project. On November 19, 2009, Chenevert Architects, Coleman Partners Architects, LLC and Holly and Smith Architects each made a presentation to the AE Selection Committee for the final selection. The AE Selection Committee recommended Holly and Smith Architects for this project.
A motion was made by Mr. Madere, seconded by Mr. Bacas to award the contract to Holly and Smith Architects for the LaPlace Elementary School Renovations and Additions Project. There were no objections and the motion passed unanimously.
Mr. Jack asked Mr. Baker to explain the process of creating the short list of firms recommended. Mr. Baker explained that CSRS had developed a form used to rate each firm. The 3 companies with the highest scores are then considered the short list.
Ms. Cassie Regan, Holly and Smith Architects, was present and introduced herself to the Board.
ITEM 7g. CSRS - Request Board approval to award contract to apparent low bidder for the ESJH and WSJH Stadium Upgrades Project contingent upon low bidder meeting all LA Public Bid Law and Contract Document Requirements (Requires action by the Board)
Mr. Chris Pellegrin, CSRS, stated that this item would be deferred for 2 weeks due to the holidays.
ITEM 7h. CSRS - Request Board approval to award contract to apparent low bidder for the ESJH and WSJH Track Upgrades Project contingent upon low bidder meeting all LA Public Bid Law and Contract Document Requirements (Requires action by the Board)
Mr. Chris Pellegrin, CSRS, stated that this item would be deferred for 2 weeks due to the holidays.
Dr. Millet stated that a Special Board Meeting would be called for December 17, 2009 at 4:00 p.m. to allow for these items to be handled.
ITEM 7i. CSRS - Request Board Request approval of Board policy recommendations submitted by CSRS regarding the procurement policies and procedures for construction projects related to the SJBP Public School Master Plan (Requires action by the Board)
A motion was made by Mr. Madere, seconded by Mr. Wise to approve Board policy recommendations submitted by CSRS regarding the procurement policies and procedures for construction projects related to the SJBP Public School Master Plan.
Mr. Burl asked for a brief explanation of these policies. Mr. Chris Pellegrin explained that the four policy changes are:
#1. Have the Board formally adopt the AIA B101 2007 version with modifications as the standard contract for design services, upon the review and recommendation of the School Board Attorney. This contract establishes the Louisiana State Fee Curve as the standard compensation for design services.
#2. Have the Board formally adopt the AIA A101 2007 version with modifications and associated Front-End Documents for projects with a construction value of $150,000 or more and the AIA A105 2007 version with modifications and associated Front-End Documents for projects with a construction value of less than $150,000, as reviewed and approved by the School Board Attorney, as the standard contracts for construction services.
#3. Authorize the Superintendent and Board President to execute change orders to the Construction contracts on behalf of the Board up to the lesser of 10% of the contract or $25,000, provided they are consistent with the scope of the project, necessary, within the budgeted amount for the project and the responsibility of the Owner in accordance with the contract as determined by the Program Manager.
#4. Authorize the Superintendent and Board President to sign Substantial Completion.
After discussion was held regarding this item, a substitute motion was made by Mr. Burl, seconded by Mr. Jack to approve policy #1, amend policy #2 to $100,000, reject policy #3, and reject policy #4.
Upon roll call to approve policy #1, amend policy #2 to $100,000, reject policy #3, and reject policy #4, there were: 4 Yeas (Jack, Burl, Sanders, Triche), 6 Nays (Madere, Johnson, Wise, Bacas, Ory, Keller), 1 Abstention (Jones), and the motion failed.
The original motion maker (Wise) offered to amend his original motion to read $100,000 on policy #2.
The Chair called for a roll call to vote on the amended original motion. Upon roll call, there were 7 Yeas (Madere, Jones, Johnson, Wise, Bacas, Ory, Keller), 4 Nays (Jack, Burl, Sanders, Triche) and the motion carried.
ADDENDUM ITEM 7j. Mr. Felix Boughton, Executive Director of Business and Finance. - Certified Degreed Teacher Substitute Salary Pay Changes (Requires action by the Board)
Following discussion, a motion was made to table this item by Mr. Wise, seconded by Mr. Ory.
Upon roll call to vote on the motion to table, there were 3 Yeas (Jack, Wise, Ory), 8 Nays (Burl, Sanders, Madere, Jones, Johnson, Bacas, Triche, Keller) and the motion to table failed.
A motion was made to accept the Certified Degreed Teacher Substitute Salary Pay Changes as presented with the exception that the “appointed” pay would begin after the 15th consecutive day instead of the proposed 25th day.
|
SUBSTITUTE TEACHERS: Pay begins the first actual day worked |
||
|
|
Day-By-Day |
Appointed |
|
Certified Degreed Teacher |
$100.00 |
$150.00 |
|
Degreed Teacher |
$85.00 |
|
|
Non-Degreed |
$75.00 |
|
|
Substitutes for Teachers Aides |
$50.00 |
|
|
“Appointed” pay begins after the 25th consecutive day of service in the same classroom in the same school. |
||
|
A person is considered a certified substitute if substituting in grade or subject area certified. |
||
|
Substitutes with a high school diploma only must meet the system’s TABE test requirements. |
||
Upon roll call to vote to accept the Certified Degreed Teacher Substitute Salary Pay Changes as presented with the exception that the “appointed” pay would begin after the 15th consecutive day instead of the proposed 25th day, there were: 10 Yeas (Jack, Burl, Sanders, Madere, Jones, Johnson, Bacas, Ory, Triche, Keller), 1 Nay (Wise) and the motion carried.
ITEM 8a. Request approval of School Board Meeting Dates for 2010 - Dr. Gerald Keller, Board President (Requires action by the Board)
This item was deferred until the January 14, 2010 School Board Meeting.
ITEM 8b. Perry DiCarlo - Revised Truancy Report on the 2009-2010 school year.
This item was deferred until the January 14, 2010 School Board Meeting.
ITEM 8. OLD BUSINESS. None.
ITEM 9a. Request to name East St. John High School Gym to Troy Giordano Memorial Gym (Requires action by the Board)
A motion was made by Mr. Madere, seconded by Mr. Bacas to approve the request to name the East St. John High School Gym to Troy Giordano Memorial Gym.
The Chair opened the floor for public discussion. Ms. Carolyn Batiste, spoke as a citizen of St. John Parish. She stated that there were several St. John Parish citizens that had objections to the naming of the East St. John High School Gym to Troy Giordano Memorial Gym.
Mr. Madere withdrew the original motion.
A motion was made by Mr. Wise, seconded by Mr. Ory, to table this item. There were no objections and the motion to table Item 9a passed unanimously.
ITEM 9b. Mr. Lloyd LeBlanc, Board Attorney - Legal Update. Mr. LeBlanc stated that the Parish has requested a meeting to discuss options regarding the 2nd Ward property. Mr. LeBlanc stated that this meeting will take place on next Friday in Edgard. Mr. Jack stated that he was not made aware of this meeting until he received a call from the Parish and questioned why Mr. LeBlanc had not informed the Board of this meeting earlier. Mr. LeBlanc stated that he had just been informed of the meeting that day.
ITEM 10. ADMINISTRATIVE MATTERS: a. Committee Reports. None.
ITEM 11. BOARD-RELATED ITEMS OF INTEREST. None.
ITEM 12. ADJOURNMENT
The agenda having been completed, and there being no further business, Mr. Ory offered a motion for adjournment, seconded by Mr. Madere. There were no objections. The meeting adjourned at 7:53 p.m.
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Gerald J. Keller, Ph.D., President
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Courtney P. Millet, Ph.D., Secretary