PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

RESERVE, LA - Meeting of December 6, 2012

 

ITEM 1:  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, Reserve, Louisiana, on Thursday, December 6, 2012, at 6:00 p.m.

 

An agenda for the meeting is attached.

 

Sincerely, s/Herbert Smith

Superintendent/Secretary

 

The Chair called for a moment of silent meditation followed by the Pledge of Allegiance.  

 

ITEM 2.  ROLL CALL OF MEMBERS:

 

PRESENT: Messrs. Burl, Keller, Wise, Bacas, Nicholas, Triche, Sanders.

 

ABSENT:  Jack, DeFrancesch, Jones, Johnson.

 

There were 7 members present, 4 absent.

 

ITEM 3. APPROVAL OF MINUTES:Meeting of November 14, 2012. 

 

A motion was made by Mr. Bacas, seconded by Mr. Wise, to accept the minutes of the November 14, 2012 meeting as printed and published.  There were no objections.

 

The motion carried.

 

8 Yeas – Burl, Keller, DeFrancesch, Wise, Bacas, Nicholas, Triche, Sanders.

3 Absent - Jack, Jones, Johnson.

 

Mrs. DeFrancesch arrived at 6:06 p.m. and was recorded as present.

 

ITEM 4. SUPERINTENDENT’S REPORT.  Mr. Herbert Smith, Superintendent. Mr. Smith gave the following report:

 

The annual Christmas Card Contest was recently held for all students in St. John the Baptist Parish Public Schools.   This year, administration decided to choose a winner from each of 3 categories.  The categories are:

 

Kindergarten-4th Grade

5th-8th Grade

9th-12th Grade

 

The winning cards from each category have been printed and will be used by the school board to spread holiday cheer this year. The winners are:

 

Kindergarten – 4th Grade:  Emani Payne, Fifth Ward Elementary School, 2nd Grade

5th-8th Grade: Kelsey Clayton, East St. John Elementary School, 5th Grade

9th-12th Grade:  Lori Chen, East St. John High School, 9th Grade

 

There were many entries this year and we thank all those students who participated in the contest this year.  The cards that were not chosen for printing are on display in the Central Office lobby for all to enjoy.  Thank you again for sharing your talent with us!

 

The students each received a plaque that showcased their winning card.

 

Mr. Sanders stated that due to the time sensitivity of Items 7b, 7c, and 7d, these items would be addressed at this time.

 

Mr. Jack arrived at 6:09 p.m. and was recorded as present.

 

ITEM 7b.  Mr. Hugh Martin - To consider and take action with respect to adopting a resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of $11,600,000 of General Obligation School Bonds, Series 2013 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.

 

A motion was made by the entire seated board, to adopt the resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of $11,600,000 of General Obligation School Bonds, Series 2013 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.

 

The motion carried.

 

8 Yeas – Burl, Keller, DeFrancesch, Wise, Bacas, Nicholas, Triche, Sanders.

3 Absent - Jack, Jones, Johnson.

 

ITEM 7c.  Mr. Hugh Martin - To consider and take action with respect to adopting a resolution accepting the low bid for the purchase of $11,600,000 of General Obligation School Bonds, Series 2013 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.

 

Mr. Hugh Martin stated that the lowest bidder was Hutchinson, Shockey, Erley & Co with an interest rate of 2.653688 and commended Mr. Boughton and the board for the fiscal responsibility shown, evident by the interest rate offered.

 

A motion was made by the entire seated board, to adopt the resolution accepting the low bid for the purchase of $11,600,000 of General Obligation School Bonds, Series 2013 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana. There were no objections.

 

The motion carried.

 

8 Yeas – Burl, Keller, DeFrancesch, Wise, Bacas, Nicholas, Triche, Sanders.

3 Absent - Jack, Jones, Johnson.

 

Mr. Jones arrived at 6:12 p.m. and was recorded as present.

 

ITEM 7d.  Mr. Hugh Martin - To consider and take action with respect to adopting a resolution authorizing the incurring of debt and issuance of $11,600,000 of General Obligation School Bonds, Series 2013, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.

 

A motion was made by the entire seated board, to adopt the resolution authorizing the incurring of debt and issuance of $11,600,000 of General Obligation School Bonds, Series 2013, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.

 

The motion carried.

 

9 Yeas – Burl, Keller, DeFrancesch, Jones, Wise, Bacas, Nicholas, Triche, Sanders.

 

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PROCEEDINGS OF THE PARISH SCHOOL BOARD OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD ON THURSDAY, DECEMBER 6, 2012.

 

The Parish School Board of the Parish of St. John the Baptist, State of Louisiana, met in regular session at Central Office, 118 W. 10th Street, Reserve, Louisiana  70084, on Thursday, December 6, 2012, at six o'clock (6:00) p.m., Louisiana Time (Central Time).

 

There were present: Russell Jack, Jr., Albert "Ali" Burl, III, Gerald J. Keller, Patrick H. Sanders, Sherry DeFrancesch, Keith Jones, Russ Wise, Lowell Bacas, Rodney B. Nicholas, Clarence Triche      

 

There was absent: Phillip Johnson

 

The Parish School Board of the Parish of St. John the Baptist, State of Louisiana, was duly convened as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.

 

The time having arrived for the sale of $11,600,000 of General Obligation School Bonds, Series 2013, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Bonds"),  scheduled for six o'clock  (6:00) p.m., prior to the opening and tabulation of bids, the President called upon Mr. J. Hugh Martin of Foley & Judell, L.L.P., Bond Counsel, to advise the Parish School Board (the "Governing Authority") of the Parish of St. John the Baptist, State of Louisiana (the "Parish"), acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, as to what action was necessary in order to proceed with the reception of bids and sale of the Bonds.

 

Mr. Martin then reported to the Governing Authority that the first order of business was to open and tabulate the sealed and electronic bids received for the issue and to formally approve the official Notice of Bond Sale and the Official Statement that was prepared and distributed to the purchaser in connection with the sale of the Bonds.   He stated that the Official Statement had been prepared with the assistance of the officials and staff of the Governing Authority and the Assessor's office and other local public officials, and that all members of the Governing Authority had been furnished a copy of the same for their review and approval.

 

The President then announced that it was time to open and tabulate the sealed and electronic bids received for the purchase of the captioned Bonds, said Bonds having been advertised for sale by virtue of a resolution adopted on October 4, 2012.  It was then stated that the Notice of Bond Sale, which had been issued on October 4, 2012, calling for bids for the purchase of the Bonds, had been published in "The Daily Journal of Commerce", Metairie, Louisiana on October 29, 2012, the "L'Observateur", LaPlace, Louisiana, and the "Bond Buyer", New York, New York in their issues of October 31, 2012.

 

Mr. Martin then confirmed that the Bonds had been assigned a rating of "A+" by Standard and Poor's Corporation.

 

After calling for bids for the purchase of the Bonds, it was announced that two (2) bids had been received for the purchase of the Bonds.

 

The following resolution was offered and seconded unanimously:

 

                                                                    RESOLUTION

A resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of Eleven Million Six Hundred Thousand Dollars ($11,600,000) of General Obligation School Bonds, Series 2013, 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 (the "Governing Authority"), acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana  (the "District"):

 

SECTION 1.  This Parish School Board does now proceed in open and public session to open and tabulate the sealed and electronic bids received for the purchase of Eleven Million Six Hundred Thousand Dollars ($11,600,000) of General Obligation School Bonds, Series 2013, 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 4, 2012.

 

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 "Ali" Burl, III             X                                                 

Gerald J. Keller                 X                                                 

Patrick H. Sanders            X                                                   

Sherry DeFrancesch          X                                                 

Keith Jones                       X                                                 

Phillip Johnson                                               X                     

Russ Wise                        X                                                 

Lowell Bacas                     X                                                 

Rodney B. Nicholas           X                                                 

Clarence Triche                  X                                                 

 

And the resolution was declared adopted on this, the 6th day of December, 2012.

 

                        /s/ Herbert Smith                                                        /s/ Patrick H. Sanders

                                                                                                                                         

                        Interim Secretary                                                                 President

 

The bids received on December 6, 2012, for the purchase of Eleven Million Six Hundred Thousand Dollars ($11,600,000) of General Obligation School Bonds, Series 2013, 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

 

Hutchinson, Shockey, Erley & Co.          2.653%

Crews & Associates, Inc.                       2.827%

 

The following resolution was offered and seconded unanimously:

 

RESOLUTION

                                                                             

A resolution accepting the bid of Hutchinson, Shockey, Erley & Co., of Chicago, Illinois, for the purchase of Eleven Million Six Hundred Thousand Dollars ($11,600,000) of General Obligation School Bonds, Series 2013, 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 4, 2012, 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 Eleven Million Six Hundred Thousand Dollars ($11,600,000) of General Obligation School Bonds, Series 2013, of the Issuer (the "Bonds"), on December 6, 2012; and

 

WHEREAS, two (2) 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 Hutchinson, Shockey, Erley & Co., of Chicago, Illinois (the "Purchaser"), 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 "Governing Authority"), acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "District"), 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 Eleven Million Six Hundred Thousand Dollars ($11,600,000), plus the stipulated premium, if any, less a credit of $116,000 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 "Ali" Burl, III             X                                                                   

Gerald J. Keller                 X                                                                   

Patrick H. Sanders            X                                                                    

Sherry DeFrancesch          X                                                                   

Keith Jones                       X                                                                   

Phillip Johnson                                                           X                        

Russ Wise                        X                                                                   

Lowell Bacas                     X                                                                   

Rodney B. Nicholas           X                                                                   

Clarence Triche                  X__            

 

And the resolution was declared adopted on this, the 6th day of December, 2012.

 

 

                        /s/ Herbert Smith                                                        /s/ Patrick H. Sanders

                                                                                                                                                                      

                        Interim Secretary                                                                 President

 

                                                                                                                                          EXHIBIT "A"

 

 

                                                                                                                                          EXHIBIT "B"

                                                 OFFICIAL STATEMENT CERTIFICATE

 

I, the undersigned Secretary of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, with respect to the Official Statement (the "Official Statement") issued regarding the sale of Eleven Million Six Hundred Thousand Dollars ($11,600,000) of General Obligation School Bonds, Series 2013 (the "Bonds"), of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Issuer"), DO HEREBY CERTIFY:

 

THAT, at the time of payment for and delivery of the Bonds and at the date hereof, (i) the descriptions and statements, including financial data, of or pertaining to School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Issuer"), on the date of the Preliminary Official Statement, on the date of the Official Statement, on the date of the sale of the Bonds and on the date of the delivery thereof, were and are true in all material respects, and, insofar as such matters are concerned, the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circum­stances under which they are made, not mislead­ing, (ii) insofar as the descriptions and statements, including financial data, of or pertaining to govern­mental and/or non‑govern­mental entities other than the Issuer and its activi­ties, contained in the Official Statement are con­cerned, such descrip­tions, statements and data have been obtained from sources which the governing authority of the Issuer believes to be reliable and the said governing authority has no reason to believe that they are untrue or incomplete in any material respect, and (iii) there has been no adverse material change in the affairs of the Issuer between the date of the delivery of the Official Statement and the date of delivery of the Bonds.

                       

SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA

 

By:_____________________________________

Secretary, Parish School Board

 

 

Dated :  ______________, 2013 (Date of Delivery)

 

The following resolution was offered and seconded unanimously:

 

RESOLUTION

 

A resolution authorizing the incurring of debt and issuance of Eleven Million Six Hundred Thousand Dollars ($11,600,000) of General Obliga­tion School Bonds, Series 2013, 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 2013, autho­rized by this Resolution, in the total aggregate principal amount of Eleven Million Six Hundred Thousand Dollars ($11,600,000).

­

"Code" means the Internal Revenue Code of 1986, as amended.

 

"Executive Officers" means, collec­tively, the President and the Interim 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.

 

"Insurer" means, with respect to the Bonds, Assured Guaranty Municipal Corp. ("AGM"), a New York stock insurance company, or any successor thereto or assigned thereof.

 

"Interest Payment Date" means March 1 and September 1 of each year, commencing September 1, 2013.

 

"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 Hutchinson, Shockey, Erley & Co., of Chicago, Illinois, ­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 authorized at a special election held on April 21, 2012,  there is hereby authorized the incurring of an indebtedness of Eleven Million Six Hundred Thousand Dollars ($11,600,000) 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 Issuer, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public.  To represent said indebted­ness, this Govern­ing Authority does hereby authorize the issuance of Eleven Million Six Hundred Thousand Dollars ($11,600,000) of General Obligation School Bonds, Series 2013, of the Issuer, authorized at the said election held on April 21, 2012.  The Bonds shall be in fully registered form, shall be dated January 9, 2013, shall be issued in the denomina­tion of Five Thousand Dollars ($5,000) 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 September 1, 2013, 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 

 

         2014                $395,000             5.000%                 2024               $620,000             2.250%

         2015                  415,000             5.000                    2025                 650,000             2.250

         2016                  430,000             3.000                    2026                 680,000             2.500

         2017                  450,000             2.000                    2027                 710,000             2.500

         2018                  475,000             2.000                    2028                 740,000             3.000

         2019                  495,000             3.000                    2029                 775,000             3.000

         2020                  520,000             4.000                    2030                810,000             3.000

         2021                  540,000             4.000                    2031                 850,000             3.000

         2022                  565,000             4.000                    2032                 890,000             3.000

         2023                  590,000             2.000

 

            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 Interim Secretary of the Governing Authority or any other officer of the Governing Authority 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 nor 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, 2024, 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, 2023, 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 2013

                                                                            OF

                                              SCHOOL DISTRICT NO. 1 OF THE PARISH

OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA

 

                  Maturity                         Interest                           Bond                           CUSIP

                       Date                             Rate                             Date                                          

 

             March 1, _____                  ______%                  January 9, 2013               ___________

 

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 September 1, 2013, 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 Eleven Million Six Hundred Thousand Dollars ($11,600,000) (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 6, 2012 (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 Issuer, 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, authorized at an election held on April 21, 2012, the result of which election has 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, 2024, 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, 2023, 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 the 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 Interim Secretary and a facsimile of its corporate seal to be imprinted hereon.

 

SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA   

 

      _______________________________                              __________________________________

       Interim Secretary, Parish School Board                                President, Parish School Board

 

 

                                                                         (SEAL)

 

                                                                *    *    *    *    *    *

                                     (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 ___________, 2013.

 

 

                                                                              

                                                                                                           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

 

                                                               *   *   *   *   *   *   *   *

 

STATEMENT OF INSURANCE

(TO BE INSERTED IN BONDS)

 

Assured Guaranty Municipal Corp. ("AGM"), New York, New York, has delivered its municipal bond insurance policy (the "Policy") with respect to the scheduled payments due of principal of and interest on this Bond to ARGENT TRUST, a division of National Independent Trust Company, Ruston, Louisiana, or its successor, as paying agent for the Bonds (the "Paying Agent").  Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from AGM or the Paying Agent.  All payments required to be made under the Policy shall be made in accordance with the provisions thereof.  The owner of this Bond acknowledges and consents to the subrogation rights of AGM as more fully set forth in the Policy.

 

 

                                                                *    *    *    *    *    *

 


                                                           (FORM OF ASSIGNMENT)

 

FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto

_____________________________________________________________________________

 

Please Insert Social Security

or other Identifying Number of Assignee

 

 

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 Interim 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 Hutchinson, Shockey, Erley & Co., of Chicago, Illinois, 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)                                                                                                                              Interim Secretary

 

                                                                *    *    *    *    *    *

            

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 Interim 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 (other than investment earnings thereon).  The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least two (2) days 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.

 

Any amendment or supplement to the Bond Resolution shall be subject to the prior written consent of the Insurer.  Any rating agency rating the Bonds must receive notice of each amendment and a copy thereof at least fifteen(15) days in advance of its execution or adoption.  The Insurer shall be provided with a full transcript of all proceedings relating to the execution of any such amendment or supplement.

 

A supplemental resolution, upon the filing with the Paying Agent of a certified copy thereof, shall become fully effective in accordance with its terms.

 

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 serve as Paying Agent, 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,  (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 actions and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.

 

SECTION 23)  Non-Qualified Tax-Exempt Obligations . The Bonds are not designated as "qualified tax‑exe­mpt obliga­tions" within the meaning of Section 265(b)(3) of the Code.

 

SECTION 24.  Execution of Documents.  In connection with the issuance and sale of the Bonds, the Executive Officers are each authorized, empowered and directed to execute on behalf of the Issuer such documents, certificates and instruments as they may deem necessary, upon the advice of bond counsel, to effect the transactions contemplated by this Resolution, the signatures of such persons on such documents, certificates and instruments to be conclusive evidence of the due exercise of the authority granted hereunder.

 

SECTION 25.  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 26.  Paying Agent Compliance as to Payments Pursuant to the Insurance Policy. As long as the Insurance Policy is in full force and effect, the Issuer and any Paying Agent agree to comply with the following provisions:

 

(a) At least two (2) Business Days (as defined in the Insurance Policy) prior to each payment date on the Obligations (the "Interest Payment Date"), the Paying Agent, will determine whether there will be sufficient funds in the funds and accounts established under the Resolution to pay all principal of and interest on the Obligations due on such Interest Payment Date and shall immediately notify the Insurer or its designee (the "Fiscal Agent") on the same Business Day by telephone or electronic mail, confirmed in writing by registered or certified mail, of the amount of any deficiency. Such notice shall specify the amount of the anticipated deficiency, the Obligations to which such deficiency is applicable and whether such Obligations will be deficient as to principal or interest or both. If the deficiency is made up in whole or in part prior to or on the Interest Payment Date, the Paying Agent shall so notify the Insurer or its designee.

 

(b) The Paying Agent, shall after giving notice to the Insurer as provided above, make available to the Insurer and, at the Insurer's direction, to any Fiscal Agent, the registration books of the Issuer maintained by the Paying Agent and all records relating to the funds maintained under the Resolution.

 

(c) The Paying Agent shall provide the Insurer and any Fiscal Agent with a list of registered owners of Obligations entitled to receive principal or interest payments from the Insurer under the terms of the Policy, and shall make arrangements with the Insurer, the Fiscal Agent or another designee of the Insurer to (i) mail checks or drafts to the registered owners of Obligations entitled to receive full or partial interest payments from the Insurer and (ii) pay principal upon Obligations surrendered to the Insurer, the Fiscal Agent or another designee of the Insurer by the registered owners of Obligations entitled to receive full or partial principal payments from the Insurer.

 

(d) The Paying Agent, shall, at the time it provides notice to the Insurer of any deficiency pursuant to (a) above, notify registered owners of Obligations entitled to receive the payment of principal or interest thereon from the Insurer (i) as to such deficiency and its entitlement to receive principal or interest, as applicable, (ii) that the Insurer will remit to them all or a part of the interest payments due on the related payment date upon proof of the Holder's entitlement thereto and delivery to the Insurer or any Fiscal Agent, in form satisfactory to the Insurer, of an appropriate assignment of the registered owner's right to payment, (iii) that, if they are entitled to receive partial payment of principal from the Insurer, they must surrender the related Obligations for payment first to the Paying Agent, which will note on such Obligations the portion of the principal paid by the Paying Agent and second to the Insurer or its designee, together with the an appropriate assignment, in form satisfactory to the Insurer, to permit ownership of such Obligations to be registered in the name of the Insurer, which will then pay the unpaid portion of principal, and (iv) that, if they are entitled to receive full payment of principal from the Insurer, they must surrender the related Obligations for payment to the Insurer or its designee, rather than the Paying Agent, together with an appropriate assignment, in form satisfactory to the Insurer, to permit ownership of such Obligations to be registered in the name of the Insurer.

 

(e) In the event that the Paying Agent has notice that any payment of principal of or interest on a Bond which has become Due for Payment and which is made to a Holder by or on behalf of the Issuer has been deemed a preferential transfer and theretofore recovered from its registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Paying Agent shall, at the time the Insurer is notified pursuant to (a) above, notify all registered owners that in the event that any registered owner's payment is so recovered, such registered owner will be entitled to payment from the Insurer to the extent of such recovery if sufficient funds are not otherwise available, and the Paying Agent shall furnish to the Insurer its records evidencing the payments of principal of and interest on the Obligations which have been made by the Paying Agent and subsequently recovered from registered owners and the dates on which such payments were made.

 

(f) In addition to those rights granted to the Insurer under the Resolution and hereunder, the Insurer shall, to the extent it makes any payment of principal or interest on the Obligations, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Policy, and to evidence such subrogation (i) in the case of claims for past due interest, the Paying Agent shall note the Insurer's rights as subrogee on the registration books of the Issuer maintained by the Paying Agent upon receipt from the Insurer of proof of payment of interest thereon to the registered holders of the Obligations, and (ii) in the case of claims for past due principal, the Paying Agent shall note the Insurer's rights as subrogee on the registration books of the Issuer maintained by the Paying Agent upon surrender of the Obligations together with receipt of proof of payment of principal thereof.

 

SECTION 27.  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 28.  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 28.  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 "Ali" Burl, III             X                                                                   

Gerald J. Keller                 X                                                                   

Patrick H. Sanders            X                                                                    

Sherry DeFrancesch          X                                                                   

Keith Jones                       X                                                                   

Phillip Johnson                                                           X                        

Russ Wise                        X                                                                   

Lowell Bacas                     X                                                                   

Rodney B. Nicholas           X                                                                   

Clarence Triche                  X                             

 

And the resolution was declared adopted on this, the 6th day of December, 2012.

 

                        /s/ Herbert Smith                                                        /s/ Patrick H. Sanders

                                                                                                                                                                         

                        Interim Secretary                                                                 President

2 Absent - Jack, Johnson.

 

***********************************************************************

 

The Superintendent continued his report.

 

Mr. Smith then introduced Mr. Buddy Boe.  Mr. Boe then introduced Mr. Jaques Rodrigue, Director of the George Rodrigue Foundation.  Mr. Rodrigue stated that a donation had been made by the foundation to the schools in our parish.  Each elementary school will receive $1500 and each high school will receive $2000.  The money should be in the schools before January 1, 2013.

 

ITEM 5. EDUCATIONAL PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF. 

 

ITEM 5a. Resolution to the family of King Honore. The following resolution was read into the record and the family was presented with a plaque.

 

RESOLUTION

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

RESERVE, LA

 

WHEREAS,       Mr. King Honore served the St. John the Baptist Parish School System for 11 years as a paraprofessional; and

 

WHEREAS,       Mr. Honore served the schools, students, faculties and staff of this parish, and the worthiness of his service will always be remembered; and

 

WHEREAS,       the St. John the Baptist Parish School Board recognizes his dedication and commitment, this is a resolution of sympathy forwarded to the members of his family; and

 

THEREFORE  BE IT RESOLVED,  that this school district desires to send a copy of this Resolution to his family in total recognition of the value and the love the system has for him and wishes his family well in their bereavement and that this Resolution be made part of the official record on this date, January 10, 2013, subscribed therein.

 

ITEM 5b. Resolution to the family of Felton Collins. The following resolution was read into the record and the family was presented with a plaque.

 

RESOLUTION

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

RESERVE, LA

 

WHEREAS,       Mr. Felton Collins served the St. John the Baptist Parish School System for 34 years as a teacher and assistant principal; and

 

WHEREAS,       Mr. Collins served the schools, students, faculties and staff of this parish, and the worthiness of his service will always be remembered; and

 

WHEREAS,       the St. John the Baptist Parish School Board recognizes his dedication and commitment, this is a resolution of sympathy forwarded to the members of his family; and

 

THEREFORE  BE IT RESOLVED,  that this school district desires to send a copy of this Resolution to his family in total recognition of the value and the love the system has for him and wishes his family well in their bereavement and that this Resolution be made part of the official record on this date, December 6, 2012, subscribed therein.

 

ITEM 5c. Resolution to the family of Deborah Bourgeois. The following resolution was read into the record and the family was presented with a plaque.

 

RESOLUTION

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

RESERVE, LA

 

WHEREAS,       Ms. Deborah Bourgeois served the St. John the Baptist Parish School System for 10 years as a paraprofessional; and

 

WHEREAS,       Ms. Bourgeois served the schools, students, faculties and staff of this parish, and the worthiness of her service will always be remembered; and

 

WHEREAS,       the St. John the Baptist Parish School Board recognizes her dedication and commitment, this is a resolution of sympathy forwarded to the members of her family; and

 

THEREFORE  BE IT RESOLVED,  that this school district desires to send a copy of this Resolution to her family in total recognition of the value and the love the system has for her and wishes her family well in their bereavement and that this Resolution be made part of the official record on this date, December 6, 2012, subscribed therein.

 

ITEM 5d. Resolution to the family of Bernice King. The following resolution was read into the record.  The family was not present to receive the plaque.

 

RESOLUTION

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

RESERVE, LA

 

WHEREAS,       Ms. Bernice King served the St. John the Baptist Parish School System for 25 years as an child nutrition technician; and

 

WHEREAS,       Ms. King served the schools, students, faculties and staff of this parish, and the worthiness of her service will always be remembered; and

 

WHEREAS,       the St. John the Baptist Parish School Board recognizes her dedication and commitment, this is a resolution of sympathy forwarded to the members of her family; and

 

THEREFORE  BE IT RESOLVED,  that this school district desires to send a copy of this Resolution to her family in total recognition of the value and the love the system has for her and wishes her family well in their bereavement and that this Resolution be made part of the official record on this date, December 6, 2012, subscribed therein.

 

 

ITEM 6. PERSONNEL MATTERS: Dr. Leigh Ann Beard, Director of Human Resources.  None.

 

ITEM 7.  BUSINESS AND FINANCE:  Mr. Felix Boughton, Executive Director of Business and Finance

 

ITEM 7a. Mr. Bob Bourgeois – Request approval to issue an RFP for the District’s Wide Area Network service.

 

A motion was made by Dr. Keller, seconded by Mr. Wise, to approve the issuance of an RFP for the district’s wide area network service.  There were no objections.

 

The motion carried.

 

10 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Wise, Bacas, Nicholas, Triche, Sanders.

1 Absent – Johnson.

 

ITEM 7e.  Mr. Felix Boughton – Recommendation for Disaster Recovery Management.

 

Mr. Boughton stated that 14 packets had been mailed and we received 7 in return.  1 company was not considered because the forms were not filled out correctly.  The selection committee consisted of:  Mr. Felix Boughton, SJBPS Director of Business and Finance; Mr. Peter Montz, SJBPS Purchasing Agent/Director (Interim); Mr. Jerry Means, Nalco Project Manager; and Mr. Henry Friloux, Chamber of Commerce. The committee scored the companies and recommended CSRS as the Disaster Recovery Management firm.

 

A motion was made by Mr. Wise, seconded by Mr. Bacas, to approve the recommendation to name CSRS as the Disaster Recovery Management firm.

 

Mr. Whitney Joseph, Assessor of St. John the Baptist Parish, spoke as a citizen of St. John Parish and addressed the board in opposition to this motion and asked the board to consider hiring Hammerman and Gainer International (HGI) – a local company – as the Disaster Recovery Management firm.  Mr. Joseph stated that he can verify that the company is local and is a tax-payer, and asked the board to reconsider hiring HGI for the Disaster Recovery Management Firm.

 

Mr. Larry Oney, Chairman and CEO of HGI, addressed the board in opposition to this motion, asking the board to slow the process down and take another look at his company and reconsider hiring HGI.

 

Ms. Cherie Pinac, Chief Operating Officer of HGI, addressed the board in opposition to this motion.

 

Ms. Eliza Eugene, citizen, addressed the board in opposition to this motion.

 

Following extensive discussion, a substitute motion was made by Rev. Nicholas, seconded by Mr. Jack, to reject administrations recommendation to hire CSRS and instead award the contract to HGI.

 

When asked what the administration is recommending, Mr. Herbert Smith, superintendent, stated that the administration recommends hiring CSRS as the selection committee recommended.

 

Following further discussion, Mr. Burl asked who decided how the selection committee would be comprised.  Mr. Herbert Smith stated that he and Mr. Boughton decided who would be on the selection committee.  Mr. Burl stated that he didn’t feel that Mr. Boughton should be on the selection committee and feels that each board member should choose one person from their district to sit on the selection committee.

 

A substitute motion was made by Rev. Nicholas, seconded by Mr. Jack, to reject administration’s recommendation to hire CSRS and to instead award the contract to HGI.

 

Following further discussion, a second substitute motion was made by Mr. Wise, seconded by Mr. Jones, to take no action tonight and allow the superintendent to assemble a representation of people of an odd number of participants and start the process over. Then have the superintendent come back to this board with the recommendation.  Then the board can vote on the selection of the committee and then the committee can redesign the spec sheets and an RFP or RFQ and bring it to the board and allow the board to vote on the quality of that and then proceed with advertising, thus starting the process over with more board input.

 

Mr. Jack stated for the record that he has been pushing to have local people hired on some of these projects.

 

Dr. Keller asked board legal counsel (Orenthal Jasmin) if it was legal to start the process over.  Mr. Jasmine stated that the board has the right to start the RFQ process over.

 

Upon roll call on the second substitute motion to take no action tonight and allow the superintendent to assemble a representation of people of an odd number of participants and start the process over. Then have the superintendent come back to this board with the recommendation.  Then the board can vote on the selection of the committee and then the committee can redesign the spec sheets and an RFP or RFQ and bring it to the board and allow the board to vote on the quality of that and then proceed with advertising, thus starting the process over with more board input, there were:

7 Yeas – Keller, DeFrancesch, Jones, Wise, Bacas, Nicholas, Triche

3 Nays – Jack, Burl, Sanders

1 Absent – Johnson
The motion carried.

 

Superintendent Herbert Smith asked for direction as to the number of people the board wants on the selection committee and also some criteria for choosing.  Mr. Jones asked if the Executive Committee could meet to come up with a criteria for administration to use in selecting the committee. Mr. Sanders stated that the Executive Committee would meet on Monday and have a recommendation for Tuesday’s special board meeting.

 

ITEM 8.  OLD BUSINESS. 

 

ITEM 8a.  Mr. Patrick Sanders, Board President – Request approval of School Board Meeting Calendar 2013.

 

A motion was made by Mr. Wise, seconded by Mr. Jones, to approve the School Board Meeting Calendar as presented. There were no objections.

 

The motion carried.

 

10 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Wise, Bacas, Nicholas, Triche, Sanders.

1 Absent – Johnson.

 

ITEM 9.  NEW BUSINESS.

 

ITEM 9a. Ms. Heidi Trosclair, Executive Director – Request approval of revised district school calendar.

 

A motion was made by Mr. Wise, seconded by Mr. Jones, to accept the revised district school calendar as presented.

 

There were no objections.

 

The motion carried.

10 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Wise, Bacas, Nicholas, Triche, Sanders.

1 Absent - Johnson.

 

St. John the Baptist Parish School System School Calendar 12/13

Approved by Board on February 16, 2012

Revised - Board Approved - October 18, 2012             

Proposed Revision – December 6, 2012

 

August 

6 – 8   Professional Development Days

9   First Day of School for Students

16 First Day for Kindergarten/Universal PreK/LA4/Model Early Students

27 First Day for HeadStart Students

 

September       

3   Labor Day Holiday

 

November        

6   Election Day Holiday

19 – 23 Thanksgiving Holidays

    

December        

24 – 31 Christmas Holidays

January

1 – 3   New Years’ Holidays

4   Professional Development Day

7   Students Return to School

21 Martin Luther King Holiday

 

February          

11 – 15 Mardi Gras Holidays

    

March 

19 – 21 LEAP Phase I Testing

25 – 31 Easter Holidays

    

April   

1   Easter Holiday

2   Students Return to School

8 – 12  LEAP Phase II Testing

23 EOC Testing Begins

    

May   

21 Last Day for Students (exception – ESJH)

22 Records Day (exception – ESJH)

31 Last Day for ESJH Students (1/2 day)

 

June   

3   Records Day (ESJH)

 

President Sanders stated that Item 9e would be addressed at this time.

 

ITEM 9e.  Mr. Albert Burl, III, Board Member/Cindy Poskey – Update on the services provided by SCL Technical College.

 

Ms. Poskey stated that the Adult Education services have begun and South Central Louisiana Technical College just received approval to become a testing center.  She stated that the college has hired 5 positions to meet this need. 

 

ITEM 9b. Dr. Gerald Keller, Board Member – Presentation by Gulf Coast AquaDams

 

Mr. Larry Campisi, Gulf Coast AquaDams, gave a presentation on the dams used to protect several area schools. He stated that he wanted the board to be aware that there is flood protection out there until something permanent could be put in place.

 

ITEM 9c. Mr. Elton Oubre – Expulsion Appeal 1213-04-1206.

 

Mr. Oubre stated that the parent elected to have a closed hearing.  The president declared a closed hearing at 8:12 p.m.

 

A motion was made by Dr. Keller, seconded by Rev. Nicholas, to reconvene in regular session.  There were no objections and the board reconvened in regular session at 8:56 p.m.

 

A motion was made by Mr. Wise, seconded by Rev. Nicholas, in the matter of Appeal 1213-04-1206 to uphold the decision of the administration with provisions to be discussed with the parents, the superintendent and Mr. Oubre.  There were no objections.

 

The motion carried.

 

9 Yeas – Burl, Keller, DeFrancesch, Jones, Wise, Bacas, Nicholas, Triche, Sanders.

1 Absent -Johnson.

 

Mr. Jack was not seated.

 

ITEM 9d. Mr. Felix Boughton - Executive Session – pending litigation.

 

The president stated that this item will be moved to the end of the agenda.

 

ITEM 9f. Mr. Albert Burl, III, Board Member - Recommendation to vote on a firm for the superintendent’s search.

 

Mr. Burl asked if the Executive Committee had met to recommend a firm for the superintendent’s search.  Mr. Sanders stated that the Executive Committee would meet on December 10, 2012 and have a recommendation at the special board meeting on December 11, 2012.

 

Mr. Jones asked that it be reflected in the minutes that he feels that the new superintendent will be a local person, and he does not understand why the board wants to hire a firm, spending $40,000-50,000, if we will end up hiring a local person anyway.

 

ITEM 9g. Mr. Albert Burl, III, Board Member – Revert CSRS contract to the original contract.

 

This item will was tabled by Mr. Burl.

 

ITEM 9h. Mr. Albert Burl, III, Board Member – Report on the committee for the long term of St. John Parish.

 

Mr. Sanders stated that this committee had not been formed yet.  The Executive Committee will put this committee together once a new superintendent is hired. 

 

ITEM 9i. Mr. Albert Burl, III, Board Member - Due to the mass exodus of recent high ranking administrators, I would request that a legislative audit be performed in preparation of the new administration.

 

Mr. Burl stated that because we are hiring a new superintendent, he feels we should have a “fresh set of eyes” to audit the school board’s books so that the new superintendent will have a good idea of how the board stands financially.  Dr. Keller stated that we just had an audit.  Mr. Burl stated that Rebowe does a “compliance” audit, and he would like a more extensive audit done for the last 4 years.

 

Following extensive discussion, this item will be carried over to the next regularly scheduled board meeting.

 

ITEM 9j. Rev. Rodney Nicholas, Board Member – Hiring of an Assistant Director of Finance, asst. to Felix K. Boughton.

 

Rev. Nicholas stated that he would like an internal auditor for checks and balances, someone who would report directly to the Board.  In other words, he would like a second person – equal to Mr. Boughton – that could take over Mr. Boughton’s job in case Mr. Boughton decided to leave or took ill.  Mr. Wise stated that the only problem he has with this is that due to our financial situation, he has a problem creating any new position.

 

Mr. Herbert Smith stated that it is his opinion that there is a greater need in curriculum and he asked the board to allow administration to look into this and come back to the board with a recommendation on what positions are needed at this time.  Mr. Smith stated that more than anywhere else in the district, curriculum positions are what’s needed.

 

At 9:30 p.m., a motion was made by Dr. Keller, seconded by Mr. Jones, to extend the meeting.  There were no objections.

 

The motion carried.

 

10 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Wise, Bacas, Nicholas, Triche, Sanders.

1 Absent – Johnson.

 

The Chair declared a recess at 9:33 p.m.

 

A motion was made by Rev. Nicholas, seconded by Mrs. DeFrancesch, to reconvene in regular session.  There were no objections and the board reconvened in regular session at 9:37 p.m.

 

ITEM 9k. Rev. Rodney Nicholas, Board Member – Update on Diversity Policy (Dr. Beard)

 

Dr. Beard stated that she is still researching this item. She asked the board for clarification on what is to be included in this policy.  Rev. Nicholas offered to do some research and send some examples of policies in school districts around the nation.

 

This item will be carried over to the next meeting.

 

ITEM 9l. Rev. Rodney Nicholas, Board Member – Head-Start Program/Update (Director of Head-Start or a designee)

 

1. Report on monitoring & compliance (medical & dental exams update)

2. ERSEA (Enrollment, Recruitment, Selection, Eligibility & Attendance)

3. Monthly and Annual Reports

 

In the absence of Ms. Ondena Farlough, Dr. Leigh Ann Beard reported on these items.  She handed the board copies of the reports and stated that she had e-mailed these reports to the board members as well. She stated that she was confident that the center is ready for the monitoring next week.

 

ITEM 9m. Lloyd LeBlanc, Board Attorney – Legal Update.  None.

 

ADDENDUM ITEM 9n.  Ondena Farlough - Approve the revised Head Start Eligibility, Recruitment, Selection, Enrollment, Attendance (ERSEAQ) Policy and Procedures.

 

A  motion was made by Rev. Nicholas, seconded by Mr. Triche, to approve the revised Head Start Eligibility, Recruitment, Selection, Enrollment, Attendance (ERSEAQ) Policy and Procedures.  There were no objections.

The motion carried.

 

10 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Wise, Bacas, Nicholas, Triche, Sanders.

1 Absent -Johnson.

 

Rev. Nicholas stated that administration needs to look at getting someone to take Ms. Farlough’s place while she’s out.  He stated that it is very important that the board receive these monthly updates.

 

ITEM 9d. Mr. Felix Boughton - Executive Session – pending litigation.

 

A motion was made by Rev. Nicholas, seconded by Mrs. DeFrancesch, to convene in Executive Session.  There were no objection and the board convened in Executive Session at 9:45 p.m.

 

A motion was made by Dr. Keller, seconded by Mr. Wise, to reconvene in regular session.  There were no objections and the board reconvened in regular session at 10:38 p.m.

 

ITEM 10. ADMINSTRATIVE MATTERS:  None.

 

ITEM 11. BOARD-RELATED ITEMS OF INTEREST. 

 

Mr. Sanders stated that there will be a special meeting held December 11, 2012 at 11:00 a.m.

 

ITEM 12. ADJOURNMENT:The agenda having been completed, and there being no further business, Mr. Jones offered a motion for adjournment, seconded by Mr. Wise. There were no objections. The meeting 10:40 p.m.

 

________________________________                                        ________________________________

Herbert Smith, Secretary                                                            Patrick Sanders, President