PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
LAPLACE, LA – MEETING OF MAY 9, 2019
The Chair called the meeting to order and read the following call:
HONORABLE MEMBERS OF THE SCHOOL BOARD
Parish of St. John the Baptist
Dear Board Member:
Upon call of the President, the St. John the Baptist Parish School Board will meet in regular session at Godchaux Grammar Cafeteria, 1600 Highway 44, Reserve, Louisiana, on Thursday, May 9, 2019 at 6:00 p.m.
An agenda for the meeting is attached.
Sincerely, s/Kevin R. George
Superintendent/Secretary
ITEM 1. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Chair called the meeting to order at 6:00 p.m. He called for a moment of silent meditation, followed by the Pledge of Allegiance.
Mr. Wallace asked that everyone please remember the family of Shelvin Keller in their prayers. He is a former ESJH student that was tragically killed while on his way home from college.
In the absence of Supt. Kevin George, Ms. Tracy Hypolite was seated as a representative of the Superintendent’s Office.
ITEM 2. ROLL CALL OF MEMBERS: The Chair called for Public Comment.
PRESENT: Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders
ABSENT: Holden, Johnson
There were 9 members present and 2 members absent.
ITEM 3. APPROVAL OF MINUTES: The Chair called for Public Comment.
ITEM 3a. Approval of Minutes of the Meeting of April 25, 2019
MOTION BY: Triche
SECOND BY: Jones
MOTION: To approve the minutes from the meeting of April 25, 2019.
No objections.
The motion carried.
Roll Call:
9 Yeas Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent – Holden, Johnson
ITEM 4. SUPERINTENDENT’S REPORT. Mr. Kevin R. George, Superintendent.
ITEM 4a. Public Comment - Mr. Kevin R. George – Quarterly Academic Assessment Update
Ms. Tracy Hypolite and Dr. Hill shared a PowerPoint:
ITEM 5. EDUCATION PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF
ITEM 5a. Public Comment. Dr. Juanita Hill – Recognition of ACT Elite Students
The following students were recognized:
ITEM 5b. Public Comment. Mr. Glen Chenier – STEM Chess Team Update
Members of the STEM Chess Team recently won the right to attend a National Chess Tournament and was afforded that opportunity with funding from the St. John School Board. The team won several national titles.
ITEM 5c. Public Comment. Mr. Glen Chenier - Recognition of Hamilton Education Program Students
Alissa Stutzman and Sara Brooks performed a “duet” that was also performed at the Saenger Theatre.
ITEM 5d. Public Comment. Mr. Kevin R. George – Recognition of Jayson Williams Jr.
Jayson Williams, Jr., a first grader at LaPlace Elementary School, was recognized as a “Hometown Hero”, for recently saving the life of another child from drowning.
ITEM 5e. Public Comment. Ms. Helane Chevis – Update on Garyville/Mt. Airy Magnet School
Ms. Chevis shared the following Powerpoint:
ITEM 6. PERSONNEL MATTERS
ITEM 7. BUSINESS AND FINANCE
ITEM 7a. Public Comment. Mr. Felix Boughton – Mr. Felix Boughton – In consideration of a resolution giving preliminary approval to the issuance of not exceeding Seven Million Dollars ($7,000,000) of Revenue Bonds of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana; providing certain terms of said Bonds; making application to the State Bond Commission for approval of said Bonds; and providing for other matters in connection therewith
No action was taken on this item.
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The following resolution was offered by ______________ and seconded by __________________:
RESOLUTION
A resolution giving preliminary approval to the issuance of not exceeding Seven Million Dollars ($7,000,000) of Revenue Bonds of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana; providing certain terms of said Bonds; making application to the State Bond Commission for approval of said Bonds; and providing for other matters in connection therewith.
WHEREAS, Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other applicable constitutional and statutory authority (the "Act"), authorizes the Issuer to make and enter into contracts dedicating the excess of annual revenues of subsequent years, from any source, after the payment of statutory, necessary and usual charges to the payment of costs which are to be borne by the Issuer; and
WHEREAS, the Parish School Board of the Parish of St. John the Baptist, State of Louisiana (the "Governing Authority" or the "Issuer"), desires to incur debt and issue not exceeding Seven Million Dollars ($7,000,000) of its Revenue Bonds, Series 2019 (the "Bonds"), in the manner authorized and provided by the Act, for the purpose of paying operating expenses of the Issuer, said Bonds shall mature over a period of not exceeding five (5) years from the date of issuance, and to bear interest at a rate not to exceed six per centum (6%) per annum; and
WHEREAS, the Issuer desires to make formal application to the State Bond Commission for approval of the above described borrowing;
NOW, THEREFORE, BE IT RESOLVEDby the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, that:
SECTION 1. Preliminary Approval of Revenue Bonds. Preliminary approval is given to the indebtedness of not exceeding Seven Million Dollars ($7,000,000) in the aggregate, of the Issuer, to be evidenced by one or more Revenue Bonds, pursuant to the Act, to bear interest from date thereof at a rate not to exceed six per centum (6%) per annum, and to mature over a period of not exceeding five (5) years from the date of issuance, for the purpose of paying operating expenses of the Issuer. The Bonds shall be secured by and payable from the excess of annual revenues of the Issuer after the payment of statutory, necessary and usual charges in each of the fiscal years during which the Bonds are outstanding.
SECTION 2. State Bond Commission Approval. Application be and the same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue and sell the Bonds, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Issuer, together with a letter requesting the prompt consideration and approval of this application. By virtue of applicant/issuer=s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission=s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the AState Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.@, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.
SECTION 3. Employment of Bond Counsel. This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Bonds, and accordingly, Foley & Judell, L.L.P., of New Orleans, Louisiana, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Bonds. Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bonds, shall counsel and advise this Governing Authority as to the issuance and sale thereof and shall furnish its opinions covering the legality of the issuance of the Bonds. The fee of Bond Counsel for each series of bonds shall be fixed at a sum not exceeding the fee allowed by the Attorney General’s fee guidelines for such bond counsel work in connection with the issuance of such series of revenue bonds and based on the amount of said Bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said bonds. The Superintendent is hereby authorized and directed to execute, and this Governing Authority hereby agrees to and accepts the terms of, the engagement letter appended hereto. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Secretary is hereby empowered and directed to provide for payment of the work herein specified upon completion thereof and under the conditions herein enumerated.
SECTION 5. Appointment of Municipal Advisor. The Issuer hereby retains Government Consultants, Inc., of Baton Rouge, Louisiana, to act as its Municipal Advisor ("MA") pursuant to the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the rules promulgated thereunder by the Securities and Exchange Commission. The Issuer hereby acknowledges that it is represented by the MA and will rely upon the advice of the MA with respect to the Bonds. The fee to be paid the MA shall be payable solely from the proceeds of the Bonds when and if issued, and the amount thereof shall be subject to the approval of the State Bond Commission. The Superintendent is hereby authorized and directed, in his discretion, to execute any contract the MA may require with respect to the engagement.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS:
NAYS:
ABSENT:
And the resolution was declared adopted on this, the 9th day of May, 2019.
Secretary President
EXHIBIT A
May 9, 2019
Hon. Kevin R. George, Superintendent
St. John the Baptist Parish School Board
Re: Not Exceeding $7,000,000 of Revenue Bonds of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, State of Louisiana
Dear Mr. George:
The purpose of this engagement letter is to set forth certain matters concerning the role we will serve and the legal services we will provide as bond counsel to the Parish School Board of the Parish of St. John the Baptist, State of Louisiana (the "Issuer") in connection with the issuance of the captioned bonds (the "Bonds"). We understand that the Bonds will be issued for the purpose (the “Project”) described in the resolution adopted by the Issuer on May 9, 2019.
As bond counsel, we will prepare and submit for adoption all of the legal proceedings required for the authorization, issuance, sale and delivery of the Bonds and provide advice of a traditional legal nature as to the issuance and sale of the Bonds. Our job is principally to render certain opinions to the Issuer regarding the validity of the Bonds under applicable Louisiana law and other matters as may be applicable. The bond opinion will be based on facts and law existing as of its date. In rendering such opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to our firm without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the Issuer with applicable laws and other resolutions relating to the Bonds. During the course of this engagement, we will rely upon the staff and officials of the Issuer to provide us with complete and timely information on all developments pertaining to any aspect of the Bonds.
In our engagement as bond counsel, we will:
· Confer with members of the working group, including you and other officials of the Issuer, relating to the Project and review legal issues relating to the structure of the Bond issue;
· Prepare the Issuing Bond Resolution and all related financing documents (collectively, the "Bond Documents");
· Attend meetings of the Issuer at which the Bond Documents are adopted;
· Prepare the application for approval of the issuance of the Bonds by the State Bond Commission and attend the State Bond Commission meeting at which such approval will be considered;
· Prepare the closing index and various closing certificates and supervise the execution of certain closing documents by the various parties thereto;
· Prepare the Bonds and supervise their execution and authentication;
· Prepare complete transcripts of record covering the issuance of the Bonds and furnishing the transcripts to various parties in connection therewith; and
· Submit applicable post-closing reports to the State Bond Commission.
Our fee as bond counsel is based upon the terms, structure, size and schedule of the financing, the services provided, and the responsibilities assumed; however, our fee will not exceed that permitted by guidelines set forth by the Attorney General of the State of Louisiana and is subject to his approval. Our fee as bond counsel is a “contingent fee,” meaning you are required to pay for our legal services only in the event the Bonds are actually sold and delivered. Other vendors or members of the working group may charge additional fees or costs for their services.
We will continue to serve as bond counsel until the delivery of the Bonds; however, the Issuer and our firm each have the right to terminate this engagement at any time after providing reasonable advanced written notice, subject to the applicable rules of professional responsibility. Upon conclusion or termination of our representation of the Issuer, papers and property furnished by the Issuer will be returned promptly upon request.
Please note that we are not municipal advisors, and we do not render financial advice or other financial services to the Issuer; however, in the course of providing traditional legal services, we may provide factual information to the Issuer that is not specifically tailored to the Bonds or that does not rise to the level of a recommendation concerning a course of action. We will, however, analyze and advise the Issuer regarding the legal ramifications of the structure, timing, terms and other provisions of the Bonds, as these functions are essential to developing a plan of finance.
On behalf of the Issuer, you have represented to us that in connection with the issuance of the Bonds the Issuer is represented by, and with respect to financial matters will rely on the advice of, Government Consultants, Inc., of Baton Rouge, Louisiana, a registered municipal advisor under the rules promulgated by the Securities and Exchange Commission. By obtaining such representation from you, our firm is not a municipal advisor and is not subject to the fiduciary duty established in Section 15B(c)(1) of the Securities Exchange Act of 1934, as amended.
Applicable ethical rules in Louisiana prohibit us from undertaking this representation if we represent another party that is directly adverse to the Issuer or if there is a significant risk that other considerations will materially limit our representation of the Issuer. As you are aware, our firm represents the State of Louisiana and many other political subdivisions, including others in St. John the Baptist Parish. At this time, we do not believe any other current or past engagement of our firm adversely affects our ability to represent the Issuer as provided in this letter; however, we invite you to discuss any concerns you have with us.
In the interest of facilitating our services to you, we may (i) send documents, information or data electronically or via the Internet or (ii) store electronic documents or data via computer software applications hosted remotely or utilize cloud-based storage. Confidential electronic documents or data of the Issuer may be transmitted or stored using these methods. We may use third party service providers to store or transmit these documents or data. In using these electronic communication and storage methods, we employ reasonable efforts to keep such communications, documents and data secure in accordance with our obligations under applicable laws, regulations, and professional standards; however, the Issuer recognizes and accepts that we have no control over the unauthorized interception or breach of any communications, documents or data once it has been transmitted or if it has been subject to unauthorized access while stored, notwithstanding all reasonable security measures employed by us or by our third party service providers. By acceptance of this letter, the Issuer consents to our use of these electronic devices and applications and submission of confidential client information to or through third party service providers during this engagement.
If this letter is acceptable to the Issuer, please so indicate by executing below and returning a copy to us, retaining an original for your files. We appreciate the opportunity to serve the Issuer and look forward to working with you.
Foley & Judell, L.L.P.
By: _______________________________
M. Jason Akers, Partner
Accepted and Approved:
Parish School Board of the Parish of
St. John the Baptist, State of Louisiana
By: _____________________________
Name: Kevin R. George
Title: Superintendent
Dated: May 9, 2019
STATE OF LOUISIANA
PARISH OF ST. JOHN THE BAPTIST
I, the undersigned Secretary of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted by said governing authority on May 9, 2019, giving preliminary approval to the issuance of not exceeding Seven Million Dollars ($7,000,000) of Revenue Bonds of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana; providing certain terms of said Bonds; making application to the State Bond Commission for approval of said Bonds; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature on this the 9th day of May, 2019.
____________________________________
Secretary
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The District Attorney’s Office was not consulted or asked to review any materials related to this issue.
ITEM 7b. Public Comment – Mr. Peter Montz – Request Board approval to solicit bids for WSJH Weight Room Equipment
MOTION BY: Jones
SECOND BY: Mitchell
MOTION: To approve the solicitation of bids for the WSJH Weight Room Equipment
No objections.
The motion carried.
Roll Call:
9 Yeas –Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent – Holden, Johnson
The District Attorney’s Office was not consulted or asked to review any materials related to this issue.
ITEM 7c. Public Comment – Mr. Peter Montz – Request Board approval to renew the Student Accident and Catastrophic Insurance coverage
MOTION BY: Jones
SECOND BY: Triche
MOTION: To approve the renewal of the Student Accident and Catastrophic Insurance Coverage at a 0% premium rate increase
No objections.
The motion carried.
Roll Call:
9 Yeas –Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent – Holden, Johnson
The District Attorney’s Office was not consulted or asked to review any materials related to this issue.
ITEM 8. OLD BUSINESS
ITEM 8a. Public Comment. Mr. Patrick H. Sanders – Request Removal from table and approval of the site location for Louisiana Premier Charter School that has been added to the Operating Agreement; Site Location: LAPC (344 and 348 Railroad Ave., Reserve, LA 70084)
Ms. DeFrancesch assumed the Chair.
MOTION BY: Sanders
SECOND BY: Keller
MOTION: To remove this item from the table.
No objections.
The motion carried.
Roll Call:
9 Yeas –Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent – Holden, Johnson
Public Comment: Mr. Joe Neary stated that it is his opinion that the process needs to be more formalized including timelines and guidelines. He further stated that there seems to be much frustration on both sides regarding the information that was asked for.
Jennifer Baracco spoke in favor of the charter school.
Public comment was closed.
Atty. Ty Manieri stated that LAPC’s co-location at Riverside Academy aligned too closely to a “school conversion”, a process prohibited under state law. He stated that the challenges that exist in lawful operating LAPC on the campus at Riverside are not insurmountable, but not in the timeframe of opening for the 2019-2020 school year. He stated that there was a meeting between himself and LAPC officials that was productive, but there is still missing information that has been requested since early February. An additional complication that remains is the fact that the “Registered Agent” of LAPC is the athletic director at Riverside Academy. Additionally, LAPC still must receive approval from a federal court regarding desegregation, the Department of Justice, as well as finalize an operating agreement. It is because of these reasons, he recommended that the Board reject the site location of Riverside Academy and discontinue negotiations for the 2019-2020 opening.
MOTION BY: Sanders
SECOND BY: Burl
MOTION: To reject the site selection of Riverside Academy and to discontinue negotiation with LAPC for an August 2019 opening.
No objections.
The motion carried.
Roll Call:
8 Yeas – Burl, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders
1 Abstention – Keller
2 Absent – Holden, Johnson
The District Attorney’s Office was not consulted or asked to review any materials related to this issue.
ITEM 8b. Public Comment. Mr. Albert A. Burl, III – Agreement regarding Traffic Light at Intersection of Highway 3127 and Highway 3213
ADA Orenthal Jasmin noted for the record that the District Attorney’s Office has expressed concerns to the board over a potential illegal donation of public funds regarding this Agreement.
MOTION BY: Burl
SECOND BY: Wallace
MOTION: To approve the agreement regarding Traffic Light at Intersection off Highway 3127 and Highway 3213.
Following discussion, there was a
SUBSTITUTE MOTION BY: Burl
SECOND BY: Jones
MOTION: To Table
No objections.
The motion carried.
Roll Call:
9 Yeas –Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent – Holden, Johnson
District Attorney’s Office: Previously, before the April 23, 2019 Land and Facilities Committee meeting, the District Attorney’s Office offered the following legal opinion which still applies:
The District Attorney’s Office has received correspondence from the Board’s Director of Risk Management on Wednesday, April 17, 2019 regarding a proposed “Intergovernmental Agreement” that could potentially occur between the following political subdivisions:
a. St. James Parish Council;
b. St. James Parish School Board;
c. St. John the Baptist Parish Council; and
d. St. John the Baptist Parish School Board
It should be noted that the School Board has not passed a motion or resolution requesting the District Attorney’s office to conduct a comprehensive review and analysis of this agreement. However, the District Attorney’s Office has performed an initial review of the documents provided. There appears to be a glaring, potentially illegal donation of school board public funds. As you are aware, La. Const. Art. 7 § 14 provides in pertinent part: “[e]xcept as otherwise provided by this constitution, the funds, credit, property, or things of value of the state or of any political subdivision shall not be loaned, pledged, or donated to or for any person, association, or corporation, public or private.” It is the recommendation of this office that prior to entering into this agreement, the Board should exercise caution to ensure compliance with La. Const. Art. 7 § 14.
On a separate note, please be advised that this agreement purports to be an “Intergovernmental Agreement” between the four political subdivisions listed above. This could prove problematic considering the fact that the Louisiana Division of Administration has defined an Intergovernmental Agreement (specifically Intergovernmental Contracts) as one between a state agency and a political subdivision (local or federal).
Ms. DeFrancesch assumed the Chair.
ITEM 9. NEW BUSINESS.
ITEM 9a. Public Comment. Mr. Patrick H. Sanders – Superintendent’s Contract Renewal
MOTION BY: Sanders
SECOND BY: Triche
MOTION: To accept the Letter of Resignation/Decision to not seek a renewal submitted by Superintendent Kevin R. George via email on May 3, 2019.
No objections.
The motion carried.
Roll Call:
9 Yeas –Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent – Holden, Johnson
Following discussion, there was a
MOTION BY: Schum
SECOND BY: Keller
MOTION: To put the Superintendent on notice of the Board’s intention to not renew his contract and to authorize Board President Sanders to notify the Superintendent in writing of this decision.
No objections.
The motion carried.
Roll Call:
9 Yeas –Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent – Holden, Johnson
District Attorney’s Office: As previously noted on May 7, 2019 to the Executive Committee, the District Attorney’s Office has not received a formal request from the either the Board or the Executive Committee to review any materials relative to this agenda item. In addition, it should also be noted that District Attorney’s office does not possess a copy of the Superintendent’s current contract. However, the District Attorney’s Office has been notified that the Superintendent has submitted a resignation letter wherein said resignation will occur no later than June 30, 2020. In light of this resignation letter, as statutory general counsel, the District Attorney’s office submits the following recommendations:
a. make it a priority to accept or reject Supt. George’s resignation letter in writing;
b. review the Superintendent’s contract to determine the deadline (likely September 1, 2019) to notify the Superintendent of the Board’s intention regarding renewing or extending the current contract in light of the resignation letter; and
c. provide notice in writing to the Superintendent of the Board’s intentions.
Mr. Sanders resumed the Chair.
ITEM 10. ADMINISTRATIVE MATTERS
Dr. Keller stated that the Personnel Changes were incorrect as presented, as Dr. Stephen Zafirau is still not listed as resigned.
Mr. Sanders asked that the secretary send the Superintendent’s Evaluation Tool to all Board members before 10 a.m. tomorrow (Friday, May 10th).
ITEM 12. ADJOURNMENT
The agenda having been completed, and there being no further business, there was a
MOTION BY: Keller
SECOND BY: DeFrancesch
MOTION: Motion for adjournment.
There were no objections.
The meeting adjourned at 7:40 p.m.
________________________________ ________________________________
Kevin R. George, Secretary Patrick H. Sanders, President