The regular meeting of the East Carroll Parish School Board was held Wednesday November 4, 1998 at 6:30 p.m. in the Boardroom of the School Board Office.

 

Member(s) present: Mr. Ralph Coleman, Mrs. Evangelia Combs, Mr. Gene Edmonson, Mrs. Fannie Hawkins, Mrs. Ernestine Houston, Mrs. Georjean Jackson, Reverend Michael Owens, Mr. Buford Perry

 

Member(s) absent: Reverend Tommy McKeel

 

The meeting was called to order by the President Mrs. Georjean Jackson and welcomed was extended to all visitors.

 

Invocation was given by Reverend Michael Owens

 

Mr. Gene Edmondson moved, seconded by Mrs. Ernestine Houston that the minutes of the regular meeting of October 6, 1998 be approved after one correction is made.

 

MOTION PASSED

 

Mrs. Fannie Hawkins moved, seconded by Reverend Michael Owens to add the following three (3) items to the agenda.

 

1.         Request from teacher for out-of-state travel

2.         Two (2) Board members to attend National School Board Convention April 10-13, 1999 in St. Francisco, California

3.         The ”r;benefit changes’ with Blue Cross/Blue Shield Insurance Company

 

MOTION PASSED

 

Reverend Michael Owens moved, seconded by Mrs. Fannie Hawkins to grant Mrs. Mary Green. teacher, Southside Elementary School permission to attend the Reading Recovery Conference in Dallas, Texas, November 11-13, 1998.

 

MOTION PASSED

 

Mrs. Fannie Hawkins moved, seconded by Reverend Michael Owens to change the rule of allowing ”r;only” two Board members to attend the National Convention to allowing ”r;any” interested Board members to attend.

 

Voting for: Mr. Ralph Coleman, Mrs. Fannie Hawkins, Mrs. Ernestine Houston, Reverend Michael Owens

 

Voting against:  Mr. Gene Edmondson, Mr. Buford Perry

 

MOTION PASSED

 

The Superintendent, Mr. Marrage Facen explain some changes that will be taking place with Blue Cross/Blue Shield as follows:

 

1.         Semi-Private/Private Room

2.         COBRA

3.         ”r;Claim Fluctuation Reserves”

4.         Increase in amount of co-payment when purchasing medicine

5.         No increase in premium for 1999

 

Mr. Buford Perry moved, seconded by Reverend Michael Owens to authorize the Superintendent to check out all phases of the ”r;Claim Fluctuation Reserve Plan” and take the proper action on behalf of the East Carroll Parish School Board.

 

MOTION PASSED

 

Reverend Michael Owens moved, seconded by Mrs. Ernestine Houston to accept the resignation of Mr. Rex McCarthy, Teacher/Coach. Lake Providence Junior High School (effective 10/30/98).

 

MOTION PASSED

 

Reverend Michael Owens moved, seconded by Mrs. EvangeIia Combs to accept the recommendation of Mr. Marrage Facen, Superintendent and Mrs. Voleria Millikin.

 

Elementary Supervisor to employ Mr. Davian Jones, Teacher, Lake Providence Junior High School.

 

MOTION PASSED

 

Mr. Buford Perry moved, seconded by Reverend Michael Owens to accept January 15, 1999 as the tentative date for the School Board's "Retreat" at the Holidome, Monroe, Louisiana. Mr. Facen was authorized to make necessary reservations.

 

MOTION PASSED

 

Reverend Michael Owens moved, seconded by Mrs. Evangelia Combs to canvass the election results of October 3, 1998

 

1.         Accept election results (Property Sales Tax)

2.         Adopt ordinance to levy tax (Property Tax and Sales Tax)

 

The following resolution was offered by Michael Owens and seconded by Evangelia Combs

 

RESOLUTION

 

A resolution providing for canvassing the returns and declaring the results of the special elections held in Consolidated School District No. I of the Parish of East Carroll, State of Louisiana to authorize the levy of a special tax therein and in the Parish of East Carroll, State of Louisiana, to authorize the levy of a sales and use tax therein on Saturday, October 3, 1998.

 

BE IT RESOLVED by the School Board of the Parish of East Carroll, State of Louisiana ("the Governing Authority"), acting as the governing authority of Consolidated School District No. I of the Parish of East Carroll, State of Louisiana (the District") and the Parish of East Carroll, State of Louisiana (the "Parish"), for school purposes that:

 

            SECTION 1. Canvass, This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special elections held in the District to authorize the levy of a special tax and the Parish to authorize the levy of a sales and use tax on SATURDAY, OCTOBER 3, 1998, and said Governing Authority does further proceed to examine and canvass the returns and declare the results of the special elections.

 

            SECTION 2. Proces Verbal, A Proces Verbal of the canvass of the returns of said elections shall be made and a certified copy the of shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex-Ojficio Recorder of Mortgages in and for the Parish of East Carroll ~ho shall record the same in the Mortgage Records of said Parish; and another copy thereof shall be retained in the archives of this Governing Authority.

 

       SECTION 3. Promulgation of Election Results. The results of said elections shall be promulgated by publication in the manner provided by law.

 

This resolution having been submitted to a vote, the vote thereon was as follows:

 

YEAS: Ralph W. Coleman, Buford Perry, Evangelia K. Fields, Gene Edmondson, Michael C. Owens, Fannie M. Hawkins, Georjean Jackson, Tommy E. McKeel, Sr., and Earnestine F. Houston.

 

NAYS:              None.

 

ABSENT:          None.

 

And the resolution was declared adopted on this, the 4th day of November, 1998.

 

Marrage Facen                                                                          Georjean Jackson

Secretary                                                                                              President

 

PROCES VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTIONS HELD IN CONSOLIDATED SCHOOL DISTRICT NO. 1 OF THE PARISH OF EAST CARROLL, STATE OF LOUISIANA AND THE PARISH OF EAST CARROLL, STATE OF LOUISIANA, ON SATURDAY, OCTOBER 3, 1998.

 

            BE IT KNOWN AND REMEMBERED that on Wednesday, November 4, 1998, at seven-thirty o’clock (7:30) p.m., at its regular meeting place, the School Board Office, 504 Third St., Lake Providence, Louisiana, the School Board of the Parish of East Carroll, State of Louisiana (the ”r;Governing Authority”), acting as the governing authority of Consolidated School District No. I of the Parish of East Carroll, State of Louisiana (the ”r;District”), and the Parish of East Carroll State of Louisiana (the ”r;Parish”), for school purposes, and being the authority ordering the special elections held therein on Saturday, October 3, 1998, with the following members present:

 

            Hon. Georjean Jackson, President and School Board members Ralph W. Coleman, Buford Perry, Evangelia K. Fields, Gene Edmondson, Michael C. Owens, Fannie M. Hawkins, Tommy E. McKeel, Sr., and Earnestine F. Houston;

 

There being absent: None;

 

            did, in open and public session, examine the official certified tabulations of votes cast at the said elections, and did examine and canvass the returns of the said election, there having been submitted at said election the following respective propositions, to wit:

 

PROPOSITION NO. I (MILLAGE CONTINUATION)

 

SUMMARY:10 YEAR, 5.58 MILLS PROPERTY TAX CONTINUATION FOR

                        GIVING ADDITIONAL SUPPORT TO THE PUBLIC SCHOOLS OF

                        CONSOLIDATED SCHOOL DISTRICT NO. 1.

 

Shall Consolidated School District No. I of the Parish of East Carroll, State of Louisiana (the ”r;District”), continue to levy a five and fifty-eight hundredths (5.58) mills tax on all the property subject to taxation in the District, for a period of ten (1O) years, beginning with the year 1999 and ending with the year 2008, for the purpose of giving additional support to the public schools of the District?

 

PROPOSITION NO.2 (SALES & USE TAX)

 

SUMMARY:ADDITIONAl 1% SALES AND USE TAX TO BE USED FOR

                        SALARY ENHANCEMENT FOR TEACHERS AND OTHER EMPLOYEES OF

                        THE PARISH SCHOOL BOARD OF ONE THOUSAND DOLLARS ($1,000) PER

                        ANNUM EACH (OR SHOULD THE PROCEEDS BE INSUFFICIENT FOR AN

                        ENHANCEMENT OF $1,000 IN ANY YEAR, SUCH ANNUAL ENHANCEMENT

                        AS MAY BE AVAILABLE TO ALL TEACHERS AND OTHER EMPLOYEES OF

                        THE PARISH SCHOOL BOARD ON AN EQUAL BASIS) WITH ANY ANNUAL

                        SURPLUS TO BE DIVIDED ANNUALLY ON AN EQUAL BASIS AMONG THE

                        TEACHERS AND OTHER EMPLOYEES OF THE PARISH SCHOOL BOARD.

 

Shall the Parish School Board of the Parish of East Carroll, State of Louisiana (the ”r;Parish School Board”), 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 levy and collect, and adopt an ordinance, providing for such levy and collection, an additional tax of one percent (1%) (the ”r;Tax”) 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 East Carroll Parish, all as defined in La. R.S. 47:301 through 47:3 17, inclusive, 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 salary enhancement for teachers and other employees of the Parish School Board of One Thousand Dollars ($1,000) per annum each (or should the proceeds be insufficient for an enhancement of $1,000 in any year, such annual enhancement as may be available to all teachers and other employees of the Parish School Board on an equal basis) with any annual surplus to be divided annually on an equal basis among the teachers and other employees of the Parish School Board?

 

There was found by said count and canvass that the following votes had been cast at the said special elections IN FAVOR OF and AGAINST, respectively, the propositions as hereinabove set forth at the following polling places, to-wit:

 

The polling places above specified being the only polling places designated at which to hold the said elections, it was therefore shown that

 

            (i)         there was a total of 1,323 votes cast IN FAVOR OF Proposition No. I and a total of  702 votes cast AGAINST Proposition No. 1, as hereinabove set forth, and that there was a majority of 621 votes cast IN FAVOR OF Proposition No. I as hereinabove set forth;

 

       and (ii) there was a total of 1,185 votes cast IN FAVOR OF Proposition No.2   and a total of 794 votes cast AGAINST Proposition No. 2, as hereinabove set forth, and that there was a majority of 391 votes cast IN FAVOR OF Proposition No. 2 hereinabove set forth.

 

            Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that Proposition No. I as hereinabove set forth was duly CARRIED and that Proposition No. 2 as hereinabove set forth was duly CARRIED by a majority of the votes cast by the qualified electors voting at the said special elections held in the District and the Parish on Saturday, October 3,1998.

 

            THUS DONE AND SIGNED at Lake Providence, Louisiana, on this, the 3rd day of November, 1998.

 

ATTEST:          

 

Marrage Facen                                                                          Georjean Jackson

Secretary                                                                                              President

 

PROCLAMATION

 

            I, the undersigned President of the School Board of the Parish of East Carroll, State of Louisiana, the governing authority of Consolidated School District No. 1 of the Parish of East Carroll, State of Louisiana (the ”r;District”), and the Parish of East Carroll, State of Louisiana (the ”Parish”), do hereby declare, proclaim and announce that Proposition No. 1 (Millage Continuation) submitted at the special election held in the District and Proposition No. 2 (Sales Tax) submitted at the special election held in the Parish on Saturday, October 3,1998 were duly CARRIED, by a majority of the votes cast at the said special elections, all as described and set out in the above Proces Verbal.

 

            THUS DONE AND SIGNED at Lake Providence, Louisiana, on this, the 4th day of November, 1998.

 

GEORJEAN JACKSON

PRESIDENT

 

The following Ordinance was moved by Michael Owens and seconded by Evangelia Combs:

 

ORDINANCE

 

An ordinance levying within the Parish of East Carroll, State of Louisiana, effective January 1, 1999, a one percent (1%) sales and use tax (the ”r;Tax”) 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 sale of services, levying and providing for the assessment, collection, payment and dedication of the proceeds of such Tax and the purposes for which the proceeds of the Tax may be expended, such Tax having been authorized at a special election held in the Parish on October 3. 1998.

 

            WHEREAS, pursuant to the requirements of Article V1, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, a special election was held in the Parish of East Carroll, State of Louisiana (the ”r;Parish”), on October 3, 1998, to authorize the Parish School Board to levy and collect the hereinafter defined Tax as set forth in the proposition attached hereto as Exhibit "A", and said proposition was duly approved by a majority of the qualified electors voting in said election; and

 

            WHEREAS, in compliance with the aforesaid constitutional and statutory authority and said special election, it is the desire of this Parish School Board to levy said Tax in the Parish and provide for the collection and distribution of the proceeds thereof and other matters in connection therewith as hereinafter provided in this ordinance;

 

            NOW, THEREFORE, BE IT ORDAINED by the Parish School Board of the Parish of East Carroll, State of Louisiana, acting as the governing authority of the Parish of East Carroll, State of Louisiana (the ”r;Governing Authority”), for school purposes, that:

 

            SECTION 1 Pursuant to the authority of a special election held in the Parish on October 3, 1998, there is hereby levied from and after January 1,1999, for the purposes stated in the proposition attached hereto as Exhibit A, a tax of one percent (1%) 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 sale of services within the Parish (the ”r;Tax”), all in the manner and subject to the provisions and terms of those portions of Chapter 2, Title 47 of the Louisiana Revised Statutes of 1950, as amended (the ”r;Sales Tax Law”), applicable to sales and use taxes levied by local governments, and an ordinance adopted by this Governing Authority on August 3,1993, providing for the levy and collection of previously authorized sales and use taxes in the Parish (the ”r;Prior Sales Tax Ordinance”). All provisions of the Prior Sales Tax Ordinance, as amended from time to time, shall remain in full force and effect.

 

            SECTION 2. The Tax shall be collected on the basis of the applicable integrated bracket schedule prescribed by the Collector of Revenue, State of Louisiana, pursuant to Section 304 of Title 47 of the Louisiana Revised Statutes of 1950 (R.S. 47:304). The dealers shall remit to the Parish School Board the proportionate part of the Tax collected in accordance with said integrated bracket schedule.

 

            SECTION 3. The Tax levied hereby shall be assessed, imposed, collected paid and enforced in the manner as provided by the Sales Tax Law applicable to the assessment, imposition, collection, payment and enforceability of sales and use tax of local governments and the Prior Sales Tax Ordinance, All of the provisions of the Prior Sales Tax Ordinance and the Sales Tax Law applicable to the assessment, imposition, collection, payment and enforcement of sales and use taxes by local governments, shall apply to the assessment, collection, payment and enforcement of the Tax herein levied as though all such provisions were set forth in full herein.

 

            SECTION 4. The obligations and rights of taxpayers and dealers in connection with the Tax levied hereby shall be as provided taxpayers and dealers by the provisions of the Prior Sales Tax Ordinance and the Sales Tax Law applicable to sales and use taxes levied by local governments.

 

            SECTION 5. The Collector (as hereinafter defined) is hereby authorized, empowered and directed to carry into effect the provisions of this ordinance, to appoint deputies, assistants or agents to assist him in the performance of his duties, and in pursuance thereof to make and enforce such rules as he may deem necessary, subject to the action of this Governing Authority.

 

            SECTION 6. The Tax levied by this ordinance is authorized to be collected by a ”r;Collector” which term shall mean and include the entity or person and duly authorized assistants or such other person or persons, agency or instrumentality heretofore designated by this Governing Authority to handle and accomplish the collection, enforcement and administration of sales and use tax on behalf of this Governing Authority.

 

            SECTION 7. For the purpose of compensating the dealer in accounting for and remitting the Tax levied by this ordinance, each dealer shall be allowed two percent (2%) of the amount of Tax due and accounted for and remitted to the Collector in the form of a deduction in submitting his report and paying the amount due by him if the amount due was not delinquent at the time of payment.

 

            SECTION 8. That all taxes, revenues, funds, assessments, moneys, penalties, fees or other income which may be collected or come into the possession of the Collector under any provision or provisions of this ordinance relating to the Tax shall be promptly deposited by the Collector for the account of the Governing Authority in the special find heretofore established and maintained for the deposit of such proceeds, which fund shall be a separate bank account established and maintained with the regularly designated fiscal agent of the Governing Authority, provided, however, any amount which is paid under protest or which is subject to litigation may be transferred to a separate account established by the Collector with said fiscal agent pending the final determination of the protest or litigation.

 

            Out of the funds on deposit in such special fund, the Collector shall first pay all reasonable and necessary costs and expenses of administering and collecting the Tax and administering the provisions of this ordinance and as well as the various administrative and enforcement procedures. Such costs and expenses shall be reported by the Collector monthly to the Parish School Board.

 

            In compliance with the said special election of October 3, 1998, authorizing the Tax, after all reasonable and necessary costs and expenses of collecting and administration of the Tax have been paid as provided for above, the remaining balance in such special fund shall be available for appropriation and expenditure by the Parish School Board solely for the purposes designated in the proposition authorizing the levy of the Tax.

 

            SECTION 9. The fund or account described herein may be a separate fund or account or may be a separate accounting within a general or sweeps fund or account containing monies from multiple sources so long as separate accounting of such monies is maintained.

 

            SECTION 10. If any or more of the provisions of this ordinance shall for any reason be held illegal or invalid, such illegality or invalidity ordinance, but this ordinance shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. Any constitutional or statutory provision enacted after the date of this ordinance which validates or makes legal any provision of this ordinance which would not otherwise be valid or legal, shall be deemed to apply to this ordinance.

 

            SECTION 11. The Tax levied hereby is and shall be in addition to all other taxes, whether levied in the form of sales, excise, or license, privilege or property taxes levied by any other ordinance or resolution adopted by this Parish School Board.

 

            SECTION 12. This ordinance shall be in frill force and effect immediately upon its adoption, being an ordinance affecting the public peace, health and safety.

 

Marrage Facen                                                                          Georjean Jefferson

Secretary                                                                                              President