The Franklin Sun: Public Notices: Tuesday, September 1st, 2009



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Public Notices: Tuesday, September 1st, 2009

Public & Legal Notices may be submitted to us at legals@franklinsun.com.

Public Notices Published Tuesday, September 1st, 2009

NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a resolution adopted by the Police Jury of the Parish of Franklin, State of Louisiana (the “Governing Authority”), acting as the governing authority of the Parish of Franklin, State of Louisiana (the “Parish”), on August 19, 2009, NOTICE IS HEREBY GIVEN that a special election will be held within the Parish on SATURDAY, NOVEMBER 14, 2009, and that at the said election there will be submitted to all registered voters in the Parish qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, to-wit:
PROPOSITION
(SALES AND USE TAX CONTINUATION & REDEDICATION)
Summary: 5 year, 1/2% sales and use tax continuation for solid waste collection and disposal, with four percent (4%) of the annual proceeds of the tax (and the proceeds of the 1/2% sales and use tax currently being levied) to be available to the Franklin Police Jury for its costs of administering the tax.
Shall the Parish of Franklin, State of Louisiana (the “Parish”), under the provisions of Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, be authorized to continue to levy and collect, a tax of one-half of one percent (1/2%) (the “Tax”) (an estimated $1,092,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the Parish, all as defined by law, for an additional period of five (5) years from and after December 1, 2013, with the proceeds of the Tax (after paying the reasonable and necessary expenses of collecting and administering the Tax), to be dedicated and used for the purpose of solid waste collection and disposal, with four percent (4%) of the annual proceeds of the Tax (and the proceeds of the 1/2% sales and use tax currently being levied) to be available to the Franklin Police Jury for its costs of administering the Tax, commencing the date this proposition is approved by the voters?
The said special election will be held at the following polling places situated within the Parish, which polls will open at six o’clock (6:00) a.m., and close at eight o’clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, to-wit:
1 Ft. Necessity High School 10630 Hwy. 562 Ft. Necessity
2 Jigger Apostolic Hall 7197 Hwy. 128 Jigger
3 Brakers Store 6385 Hwy. 562 Wisner
4 Wisner Town Hall 9530 Natchez St. Wisner
4A Gilbert Community Center 157 Hanna St. Gilbert
4B Wisner Town Hall 9530 Natchez St. Wisner
6 Gilbert Community Center 157 Hanna St. Gilbert
7 Gilbert Community Center 157 Hanna St. Gilbert
9 Gilbert Community Center 157 Hanna St. Gilbert
12 Franklin Parish ROTC Building 1600 Glover St. Winnsboro
13 New Hope Masonic Lodge 2195 Hwy. 135 Winnsboro
14 Woodman of the World 261 Taylor Ave. Winnsboro
16 Winnsboro Housing Authority 1702 Hatfield St. Winnsboro
18 Winnsboro Jr. High School 5915 Hwy. 4 Winnsboro
19 Ward III School, 2051 Hwy. 578 Winnsboro
20 Winnsboro Jr. High School 5915 Hwy. 4 Winnsboro
21 Ward III School 2051 Hwy. 578 Winnsboro
22 Winnsboro Jr. High School 5915 Hwy. 4 Winnsboro
24 Winnsboro Lower Elem. School 1310 Warren St., Winnsboro
25 Woodman of World Hall 261 Taylor Ave. Winnsboro
26 VFW Hall 2108 Loop Road Winnsboro
27 Franklin Parish Courthouse 6560 Main St. Winnsboro
27A Franklin Parish Courthouse 6560 Main St. Winnsboro
28A Franklin Parish Courthouse 6560 Main St. Winnsboro
30 Baskin Community Center 1860 Hwy. 857 Baskin
31 Gulledge-Richardson Comm. Ctr. 157 Football Field Crowville
32 North Central Fire Station 1772 Hwy. 859 Delhi
33 Friendship Fire Station 4918 Hwy. 132 Baskin
The polling places set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.
The said special election will be held in accordance with the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the Police Jury Room of the Franklin Parish Courthouse, Winnsboro, Louisiana, on THURSDAY, DECEMBER 8, 2009, at SIX O’CLOCK (6:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the Parish are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Winnsboro, Louisiana, on this the 19th day of August, 2009.
ATTEST: /s/ Harvey Guimbellot, President
/s/ Johnnie Wesley, Secretary
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The following resolution was offered by Young and seconded by Johnson:
RESOLUTION
A resolution ordering and calling a special election to be held in the Parish of Franklin, State of Louisiana, to authorize the levy of a sales and use tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Franklin, State of Louisiana (the “Governing Authority”), acting as the governing authority of the Parish of Franklin, State of Louisiana (the “Parish”), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the Parish on SATURDAY, NOVEMBER 14, 2009, between the hours of six o’clock (6:00) a.m., and eight o’clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:
PROPOSITION
(SALES AND USE TAX CONTINUATION & REDEDICATION)
Summary: 5 year, 1/2% sales and use tax continuation for solid waste collection and disposal, with four percent (4%) of the annual proceeds of the tax (and the proceeds of the 1/2% sales and use tax currently being levied) to be available to the Franklin Police Jury for its costs of administering the tax.
Shall the Parish of Franklin, State of Louisiana (the “Parish”), under the provisions of Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, be authorized to continue to levy and collect, a tax of one-half of one percent (1/2%) (the “Tax”) (an estimated $1,092,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the Parish, all as defined by law, for an additional period of five (5) years from and after December 1, 2013, with the proceeds of the Tax (after paying the reasonable and necessary expenses of collecting and administering the Tax), to be dedicated and used for the purpose of solid waste collection and disposal, with four percent (4%) of the annual proceeds of the Tax (and the proceeds of the 1/2% sales and use tax currently being levied) to be available to the Franklin Police Jury for its costs of administering the Tax, commencing the date this proposition is approved by the voters?
SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in The Franklin Sun, a weekly (Wednesday) newspaper of general circulation within the Parish, published in Winnsboro, Louisiana, and being the official journal of the Parish, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as “Exhibit A” and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the Police Jury Room of the Franklin Parish Courthouse, Winnsboro, Louisiana, on THURSDAY, DECEMBER 8, 2009, at SIX O’CLOCK (6:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.
SECTION 4. Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.
SECTION 5. Election Commissioners; Voting Machines. The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on Thursday, December 8, 2009, as provided in Section 3 hereof. All registered voters in the Parish will be entitled to vote at the special election, and voting machines shall be used.
SECTION 6. Authorization of Officers. The Secretary of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the President and/or Secretary of the Governing Authority are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election, including but not limited to, appropriate submission to the Federal Department of Justice under Section 5 of the Federal Voting Rights Act of 1965, as amended.
SECTION 7. Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Franklin Parish and the Registrar of Voters of Franklin Parish, as notification of the special election, in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to levy and collect the sales and use tax provided for therein. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Ricky Campbell X
Buddy Parks X
Ray Young X
Troy Hendry X
LeRoy Scott X
Harvey Guimbellot X
Jackie Johnson X
And the resolution was declared adopted on this, the 19th day of August, 2009.
/s/ Johnnie Wesley /s/ Harvey Guimbellot Secretary President
EXHIBIT “A”
NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a resolution adopted by the Police Jury of the Parish of Franklin, State of Louisiana (the “Governing Authority”), acting as the governing authority of the Parish of Franklin, State of Louisiana (the “Parish”), on August 19, 2009, NOTICE IS HEREBY GIVEN that a special election will be held within the Parish on SATURDAY, NOVEMBER 14, 2009, and that at the said election there will be submitted to all registered voters in the Parish qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, to-wit:
PROPOSITION
(SALES AND USE TAX CONTINUATION & REDEDICATION)
Summary: 5 year, 1/2% sales and use tax continuation for solid waste collection and disposal, with four percent (4%) of the annual proceeds of the tax (and the proceeds of the 1/2% sales and use tax currently being levied) to be available to the Franklin Police Jury for its costs of administering the tax.
Shall the Parish of Franklin, State of Louisiana (the “Parish”), under the provisions of Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, be authorized to continue to levy and collect, a tax of one-half of one percent (1/2%) (the “Tax”) (an estimated $1,092,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the Parish, all as defined by law, for an additional period of five (5) years from and after December 1, 2013, with the proceeds of the Tax (after paying the reasonable and necessary expenses of collecting and administering the Tax), to be dedicated and used for the purpose of solid waste collection and disposal, with four percent (4%) of the annual proceeds of the Tax (and the proceeds of the 1/2% sales and use tax currently being levied) to be available to the Franklin Police Jury for its costs of administering the Tax, commencing the date this proposition is approved by the voters?
The said special election will be held at the following polling places situated within the Parish, which polls will open at six o’clock (6:00) a.m., and close at eight o’clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, to-wit:
The polling places set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.
The said special election will be held in accordance with the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the Police Jury Room of the Franklin Parish Courthouse, Winnsboro, Louisiana, on THURSDAY, DECEMBER 8, 2009, at SIX O’CLOCK (6:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the Parish are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Winnsboro, Louisiana, on this, the 19th day of August, 2009.
ATTEST: /s/ Harvey Guimbellot President
/s/ Johnnie Wesley
Secretary
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Franklin Parish Police Jury
Regular Meeting
August 11, 2009 @ 6:00 P.M.
The Franklin Parish Police Jury met in regular session on this the 11th day of August 2009, at 6:00 P.M. in the Police Jury Meeting Room, Courthouse Building, Winnsboro, Louisiana with the following Jurors present: Honorable Harvey Guimbellot, Jackie Johnson, Ray Young, Leroy Scott, K.W. “Buddy” Parks, Ricky Campbell, and Troy Hendry.
Juror Leroy Scott led the group in Prayer and the Pledge.
Motion by Campbell and seconded by Parks to approve the Agenda. Unanimously approved
Motion by Hendry and seconded by Campbell approving minutes of July 2nd, July 9th, July 16th, July 23rd, and July 31, 2009 meetings. Unanimously approved
Ordinance on moving garbage carts from roadside will be discussed at a later date. Garbage Committee to meet and work out particulars such as giving warnings, fines, etc.
Motion by Johnson and seconded by Hendry approving Jamie Welch as Section 8 Administrator and salary that comes with job. Unanimously approved
Ginger Boutwell from the LSU Ag Center gave an update on activities going on at the Center.
Juror Scott said there is a leaning electrical pole on Hwy 865 that could prove to become dangerous. He would like for the office staff to get in touch with the Highway Department to see if they could put some kind of sign warning about the leaning pole.
Motion by Parks and seconded by Hendry to accept the resignation of Carl Williams as Chairman of Fire District No. 3 Board and appoint Shawn Ferrington as Chairman of the Board. Unanimously approved
Juror Young said the Finance Committee was not able to come up with a recommendation on the 4% administrative fee for Sales tax proposition. Finance Committee will meet Monday to discuss and make a recommendation to the Jury at a special meeting scheduled for Wednesday, August 19, 2009 at 8:00 A.M.
Motion by Young and seconded by Campbell to adopt a letter of support from Nexus System, Inc., on Louisiana Delta Middle Broadband Infrastructure Recovery Act Project. Unanimously approved
Motion by Campbell and seconded by Hendry to appoint Fryee Magee as Administrative Consultants for FY 2010/2011 LCDBG Program. Unanimously approved
Motion by Hendry and seconded by Parks to appoint McManus Engineers as Engineer for FY 2010/2011 LCDBG Program. Unanimously approved
A group of residents of the Washington Subdivision were on hand to discuss the problems going on with the Sewer System. Juror Johnson said he would like to see the Jury purchase the Sewer System from Ledale Heckard for $1.00. Johnson said that people living in Washington Subdivision are living in unsanitary conditions. There is raw sewage in the ditches and the smell is terrible. Johnson said there is money available through the Louisiana Recovery Authority that would completely overhaul the system and would not cost the Jury anything. Johnson said that the Jury has an obligation to all citizens of Franklin Parish no matter where they live or who they are. Juror Young offered monetary assistance as a private citizen to help repair the system. Juror Scott said that flood water from Hurricane Gustav caused damage which would make the system a prime target to get money for the system. Scott also said that we need to get that community in a healthy environment and that this should be a concern of each Juror.
Ms. Diane Boatner of the Washington Subdivision spoke to Jurors on behalf of residents present at the meeting. She said that there are about 40 families living in the subdivision and 90% of the families there are 75 years old and older. She told of Entergy coming out turning off the power to the pump. She personally went out into the Community and collected money to pay the electrical bill which was for June and July. She collected enough money to pay August bill also. Ms. Boatner asked Jurors to consider taking over the Washington Subdivision Sewer System. She asked them to find a way that money could be taken up other than from people in the Community. She said reconsider your vote and help us through this situation. Ms. Boatner thanked Juror Young for his offer to help.
Sammie White a concerned citizen spoke to Jurors and said something should be done immediately. He said the smell is terrible even with air conditioning its pulling that smell into the homes. White asked Don Riser, Sanitarian why can’t his office act on this and get something done. Riser said this has been referred to the Engineering section (Mr. Buddy Smith) who is already working on this. White said this community needs help today.
Some of the other Jurors offered monetary assistance as private citizens also to get the pump going.
Juror Parks said that the owner of the system should be here tonight and held accountable. Juror Scott asked what’s wrong with the Jury fixing pump and being reimbursed later. Sam said they would have to (1) vote to take action (2) General Fund would be broke if paid the amount to fix the pump (3) We would have to wait on money.
President Guimbellot said that Butch Huff has some spare parts that can be used to fix the pump(s).
Ms. Boatner asked the Jury to consider getting the system out of the present owner’s hand and take over the system. She told Jurors they appreciated Greg and that she is willing to do whatever she can to help.
Another citizen from the Gilbert community Mr. Martin said there are older people in the Parish who are not able to fix their sewer systems. If the Jury helps the people in Washington Subdivision they will be setting a precedent. Help one community then you will have to help another community. He said he was not in favor of the Jury buying that sewer system or any other system.
Other comments from the audience: One gentleman said that the Jury’s attorney advised not to buy the System. He said this would be a never ending situation and money will have to be spent on the system.
Another gentleman said: This is a critical issue. The Health Department should have the system condemned and come to the rescue of the people living there.
Scott said contamination is not going to stay in one location but will eventually spread.
President Guimbellot asked Greg to get in touch with Butch Huff to work on the pump.
Jurors Parks and Campbell said Ledale Heckard owner of the system should be held accountable.
Juror Parks suggested fixing up a truck for roadside spraying. Check with state and see what kind of chemical they are using and bring back information to Jury.
Turkey Creek Park hours: Jurors said Roy should call Sheriff’s office if any problems come up. Recreation Committee will meet to discuss park hours.
Juror Scott said 2nd Annual Big Bass Tournament will be held 3rd weekend in September.
Superintendent’s Report: Motion by Campbell and seconded by Hendry to approve work schedule for August/September as presented by Greg. Unanimously approved
Treasurer’s Report: Sam passed out Financial statements to Jurors and said bills were paid for the month and there is no money left for Contract mowing.
Motion by Campbell and seconded by Parks approving engagement letter of Mary Jo Finley, CPA for the year 2010. Unanimously approved
Public Works Committee Report: Greg to check with David Doughty on Clubhouse Road concerning liability. The School Board wants to know a start date on paving the road at the High School. According to the Cooperative Endeavor Agreement, funding should actually be received by the Police Jury before the project date is confirmed.
Purchasing Committee Report: Motion by Campbell and seconded by Hendry to apply for the LGAP (Louisiana Government Assistance Program) to replace older Parish trucks. Unanimously approved
Personnel Committee Report: Motion by Parks and seconded by Campbell to hire Bruce McMurray for Contract Labor at $13.50 per hour. Unanimously approved
Motion by Campbell and seconded by Hendry to place Todd Evans on work release program at $9.00 per hour. Unanimously approved
Motion by Hendry and seconded by Campbell to place Kenneth Guyton on Work Release at $7.25 per hours. Unanimously approved
There being no further business to discuss, on a motion by Campbell and seconded by Young the meeting was unanimously approved adjourned.
/s/Johnnie Wesley, Parish Secretary, Franklin Parish Police Jury
/s/Harvey Guimbellot, Parish President, Franklin Parish Police Jury
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Franklin Parish Police Jury
Special Meeting
August 19, 2009 @ 8:00 A.M.
The Franklin Parish Police Jury met in special session on this the 19th day of August 2009 at 8:00 A.M. in the Police Jury Meeting Room, Courthouse Building, Winnsboro, Louisiana with the following Jurors present: Honorable Harvey Guimbellot, Jackie Johnson, Ray Young, Leroy Scott, K.W. “Buddy” Parks, and Troy Hendry.
Juror Scott led the group in Prayer and the Pledge.
Motion by Parks and seconded by Henry to approve the agenda. Unanimously approved
Motion by Young and seconded by Johnson to adopt a resolution ordering and calling a special election to be held in the Parish of Franklin, State of Louisiana to authorize the levy of sales and use taxes therein November 14, 2009; Sales and use Tax Continuation and Rededication – Solid Waste Collection and Disposal with 4% Administrative Fee to be put on ballot pending clarification.    Unanimously approved
There being no further business to discuss, on a motion by Young and seconded by Hendry the meeting was unanimously approved adjourned.
/s/Johnnie Wesley, Parish Secretary
Franklin Parish Police Jury
/s/Harvey Guimbellot, President
Franklin Parish Police Jury
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