City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT A REGULAR MEETING JULY 18, 2023 The City Council of the City of Bossier City, State of Louisiana, met in Regular session in Council Chambers, 620 Benton Road, Bossier City, Louisiana, July 18, 2023 at 3:00 PM Invocation was given by Council Member Jeffery Darby Pledge of Allegiance led by Council Member Brian Hammons Roll Call as follows: Present: Honorable, President Jeff Free, Honorable Councilors David Montgomery, Jr., Chris Smith, Brian Hammons, Jeffery Darby, Don Williams and Vince Maggio Also Present: Mayor, Thomas H. Chandler, City Attorney Charles Jacobs, Deputy City Clerk, Amyanna Germany and City Clerk, Phyllis McGraw City Clerk, Phyllis McGraw, read statement about decorum during meeting and public participation in the meeting. By: Mr. Williams Motion to approve Minutes of July 5, 2023, Regular Council Meeting and dispense with the reading. Seconded by Mr. Smith No comment Vote in favor of motion is unanimous By: Mr. Smith Motion to approve agenda as amended. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous Ceremonial Matters/Recognition of Guests – Claire Woods with Greenfield Environmental Trust Group, Inc. updated the Council on her company’s cleanup efforts at the Tronox/Kerr-McGree Site and history of the project. After Mr. Hammons asked, she spoke on future uses, but needed input from residents in the area. Ginger Adam Corley gave the Council and update from the 2023 Legislative Session. She noted that money for Jimmie Davis Bridge has been promised to be restored and that the Veto override session started today. Bids – Agenda item called – Witness opening of sealed bids for P23-09 Bellaire Blvd. Improvement Project. Bid Alternate #1 Boggs & Poole Contracting Group $491,000 $105,000 By: Mr. Williams Motion to approve reading of bids Seconded by Mr. Smith No comment Vote in favor of motion is unanimous Unfinished Business – The following Resolution offered and adopted: ORDINANCE NO. 71 OF 2023 AN ORDINANCE TO CONTRACT SHREVEPORT COMMUNICATIONS TO PROVIDE MAINTENANCE FOR A VARIETY OF CITY SYSTEMS ______________________________________________________________________________ WHEREAS, Shreveport Communications has provided a Service and Product Support Agreement for the provisions of maintenance and support services for the items described in the agreement in Exhibit A. NOW, THEREFORE, BE IT ORDAINED, in regular session convened that in the City Council of Bossier City, Louisiana, authorizes to enter an agreement with Shreveport Communications for the purpose of providing maintenance and support services for a variety of city systems. BE IT FURTHER ORDAINED, that the Mayor is authorized to sign any and all documents in connection with the furtherance of this Ordinance. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Brian Hammons and seconded by Mr. Don Williams and adopted on this the 18th day of July, 2023. Further this Ordinance will publish on July 26, 2023 and will not become legal until 10 days following publication. AYES: Mr. Montgomery, Jr., Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: none ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 72 Of 2023 AN ORDINANCE AUTHORIZING MAYOR THOMAS H. CHANDLER TO EXECUTE THE ATTACHED RIGHT OF ENTRY AGREEMENT RELATED TO THE CONSTRUCTION OF THE NEW JIMMIE DAVIS BRIDGE. WHEREAS, the City of Bossier City supports the replacement of the Jimmie Davis Bridge over the Red River due to the age and condition of the current bridge and to promote commerce and ensure the safety of the public; and WHEREAS, the Louisiana Department of Transportation and Development has awarded the project to James Construction, LLC to design and build a new four lane bridge; and WHEREAS, the City of Bossier City is the owner of a certain tract of immovable property near the project site as shown on the attached Exhibit “A” ; and WHEREAS, the Louisiana Department of Transportation and Development and James Construction, LLC need access to the property shown in Exhibit “A” and have requested that the city execute the “Right of Entry” agreement attached as Exhibit “B” ; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Bossier City, Louisiana, in regular session convened, that Mayor Thomas H. Chandler is hereby authorized to execute the attached Right of Entry Agreement marked as Exhibit “B”. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Don Williams and seconded by Mr. Vince Maggio and adopted on this the 18th day of July, 2023. Further this Ordinance will publish on July 26, 2023 and will not become legal until 10 days following publication. AYES: Mr. Montgomery, Jr. , Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: none ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk Agenda Item called – Adopt an Ordinance authorizing Mayor Thomas H. Chandler to execute the attached Joint Cooperative Endeavor Agreement between the City of Bossier City and Bossier Parish School Board for the cost-sharing of Traffic Control Officers at schools within Bossier City for the school year 2023/2024. Mr. Hammons asked about not all intersections in agreement needing to be manned and Mr. Free asked about delay on W.T. Lewis Road project. Mr. Nottingham and Mr. Jacobs reported that if funds weren’t needed the School Board would repay and are unsure of reason behind delay. The following Ordinance offered and adopted: ORDINANCE NO. 73 OF 2023 AN ORDINANCE AUTHORIZING MAYOR THOMAS H. CHANDLER TO EXECUTE THE ATTACHED JOINT COOPERATIVE ENDEAVOR AGREEMENT BETWEEN THE CITY OF BOSSIER CITY AND BOSSIER PARISH SCHOOL BOARD FOR THE COST-SHARING OF TRAFFIC CONTROL OFFICERS AT SCHOOLS WITHIN BOSSIER CITY FOR THE SCHOOL YEAR 2023/2024. _____________________________________________________________________________ WHEREAS, Bossier City and the Bossier Parish School Board are political subdivisions of the State of Louisiana; and WHEREAS, Bossier City and the Bossier Parish School Board have an interest in the safety of students, pedestrians, and motorists of Bossier City; and WHEREAS, Bossier City and the Bossier Parish School Board have a need for traffic control officers at access roads and intersections of specific schools within the City of Bossier City; and NOW, THEREFORE, BE IT ORDAINED, by the City Council of Bossier City, in regular session convened, that Mayor Thomas H. Chandler is hereby authorized to execute the attached Joint Cooperative Endeavor Agreement marked as Exhibit “A” between the City of Bossier City and the Bossier Parish School Board for the cost-sharing of traffic control officers at access roads and intersections of schools located within the corporate limits of the City of Bossier City for the school year 2023/2024. NOW, THEREFORE, BE IT FURTHER ORDAINED, that the 2023 General Fund Budget is hereby amended to increase expenditures for the Bossier Parish School Board Traffic Officers by $25,000.00 and decrease Fund Balance $25,000.00. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Don Williams and seconded by Mr. Chris Smith and adopted on this the 18th day of July, 2023. Further this Ordinance will publish on July 26, 2023 and will not become legal until 10 days following publication. AYES: Mr. Montgomery, Jr., Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: none ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 74 Of 2023 AN ORDINANCE AMENDING ORDINANCE NO. 59 OF 2022 TO INCLUDE AN APPROPRIATION OF SIXTY THOUSAND ($60,000.00) DOLLARS FROM THE 2023  RIVERBOAT CAPITAL PROJECTS FUND. ______________________________________________________________________________ WHEREAS, the United States of America, Department of the Air Force (Barksdale Air Force Base) is requesting permission to construct improvements in certain public right-of-ways to address security concerns; and WHEREAS, the said improvements are more particularly described on Exhibit “A” attached hereto; and WHEREAS, said improvements will not affect the public convenience of the citizens of the City of Bossier City; and WHEREAS, said improvements will be constructed on property owned and/or subject to the control of the City of Bossier City and the Department of the Air Force is not allowed to expend funds for the construction of improvements on property not owned by the United State of America; and WHEREAS, the costs of said improvements is estimated to be in the sum of SIXTY THOUSAND ($60,000.00) DOLLARS as shown in Exhibit “B”; and NOW, THEREFORE BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened that Ordinance No. 59 of 2022 is hereby amended to provide payment of SIXTY THOUSAND ($60,000.00) DOLLARS unto the Department of the Air Force (Barksdale Air Force Base) said sum to be appropriated from the 2023 Riverboat Capital Projects Fund. NOW, THEREFORE BE IT FURTHER ORDAINED, that the 2023 Riverboat Capital Projects Fund is hereby amended to increase expenditures for Barksdale Air Force Base right of way improvements by $60,000.00 and decrease fund balance by $60,000.00. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Don Williams and adopted on this the 18th day of July, 2023. Further this Ordinance will publish on July 26, 2023 and will not become legal until 10 days following publication. AYES: Mr. Montgomery, Jr., Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: none ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk New Business – The following Ordinance offered and adopted: Ordinance No. 75 Of 2023 AN ORDINANCE TO DECLARE THAT AN EMERGENCY DID EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTED PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO THE REQUIREMENT TO REPAIR THE OZONE GENERATOR FOR BOSSIER’S WATER TREATMENT FACILITY AT A COST OF $75,780.00 TO COME FROM THE WATER CAPITAL AND CONTINGENCY FUND.  WHEREAS, the ozone generator used to treat water at Bossier’s water treatment facility is no longer functioning properly and was badly damaged from what is believed to be a lightning strike putting the water treatment facility at risk of water quality disruption; and WHEREAS, the Public Utilities Department needs emergency support to purchase and install replacement components; and WHEREAS, the scope of work involved is beyond the expertise of the water treatment operational staff; and WHEREAS, it will cost of $75,780.00 in labor, equipment, and material to complete the repair efforts; and WHEREAS, $75,780.00 shall be appropriated from the Water Capital and Contingency Fund. NOW, THEREFORE, BE IT RESOLVED, in regular session convened that the City Council of Bossier City, Louisiana, does hereby declare that an emergency exists and authorizes the Mayor to appropriate $75,780.00 to come from the Water Capital and Contingency Fund to be used for the purpose of restoring the ozone generator; and authorizes the City to enter into any necessary contracts for completion of the work. BE IT FURTHER ORDAINED, that the Mayor is authorized to sign any and all documents in connection with the furtherance of this Ordinance. BE IT FURTHER ORDAINED, that the 2023 Water Capital and Contingency Budget is hereby amended to increase expenditures for required repairs by $75,780 and decrease Fund Balance by $75,780. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Jeffery Darby and seconded by Mr. Vince Maggio and adopted on this the 18th day of July, 2023. Further this Ordinance will become legal immediately. AYES: Mr. Montgomery, Jr., Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: none ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk By: Mr. Williams Motion to introduce an Ordinance appropriating $200,000 in funds from the 2018 LCDA Bond Fund to supplement the $500,000 appropriated in the 2023 Public Utilities Capital Budget for miscellaneous water loops necessary for improving water flow for fire protection. Seconded by Mr. Smith Mr. Hammons asked why City was using the 2018 LCDA Bond Fund. Ms. Williamson reported that there wasn’t enough funding available in Utilities Capital but the Bond Fund would be reimbursed as soon as those funds became available. No further comment Vote in favor of motion is unanimous By: Mr. Williams Motion to introduce an Ordinance to appropriate the sum of two million dollars ($2,000,000.00) from the Sales Tax Capital Fund for the purchase of 2 new pumper fire trucks for the Bossier City Fire Department. Seconded by Mr. Smith After questions from Council, Chief Zagone gave update on need for Ordinance. This Ordinance is to issue a Purchase Order to lock in prices but due to manufacturing delays, truck won’t be delivered until 2025 nor will payment be submitted. No further comment Vote in favor of motion is unanimous By: Mr. Hammons Motion to introduce an Ordinance to sell Adjudicated Property. Seconded by Mr. Maggio Discussion from Council members and City Attorney on how process would work and need to remove these properties from City Tax Rolls No further comment Vote in favor of motion is unanimous Agenda Item called - Adopt a Resolution to retain outside council for legal opinion. Audience members Wes Marriot, David Crockett, Holly Floyd and Robert Wright spoke on need for term limits and against delaying putting proposition on ballot and against the need for an outside legal opinion, also deadlines for placing items on ballot and need for citizens voices to be heard. Council member Smith asked why is Council voting on Resolution especially since administration hired an attorney for another legal opinion without Council approval. Mr. Jacobs reported why he was requesting an independent second opinion and need for transparency. Mr. Smith concerned about delay. Mayor reported on his position in favor of term limits. Further Council discussion and debate by Mr. Free, Mr. Hammons and Mr. Maggio on their views on term limits, need for fresh perspective, long term Council members leadership, current status of City compared to other cities, reasons for serving and question on why was administration putting this Resolution on agenda for Council approval. The following Resolution offered and adopted: Resolution No. 64 Of 2023 A RESOLUTION TO RETAIN OUTSIDE COUNCIL FOR LEGAL OPINION. _____________________________________________________________________________ WHEREAS, the City of Bossier City has received a petition signed by two thousand nine hundred and seventy-seven (2,977) citizen electors of the City of Bossier City concerning a request to enact “term limits” for the Office of the Mayor of the City of Bossier City and the Offices of City Councilman/City Councilwoman of City of Bossier City; and WHEREAS, said petition is requesting said term limits be enacted pursuant Sect. 5.01 of the Charter of the City of Bossier City; and WHEREAS, the language of Sect. 5.01 of said City Charter states “Any proposed ordinance may be submitted to the City Council…” WHEREAS, qualifications and restrictions (and the lack thereof) as to the office of Mayor and City Council Members are designated in Chapters 4 and 3 respectively for said offices; and WHEREAS, Chapter 21 of said City Charter designates the various processes and requirements necessary in order to enact an amendment to said City Charter; and WHEREAS, there exists a question/issue whether an amendment to said City Charter can be enacted by “ordinance” (Sect. 5.01) as opposed to Sections 21.01 et seq. of said City Charter; and WHEREAS, there exist further questions concerning the meaning and the validity of the language thereof as to the ordinance and/or proposition submitted to the City Council for consideration of enactment; and WHEREAS, Sect. 8.01 of said City Charter allow the City Attorney to request and secure an outside legal opinion concerning the above described questions/issue. NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in Regular Session, that the City Attorney, E. Charles Jacobs, shall obtain an independent, outside and non-biased opinion from Katie Bell, Attorney at Law, Kean Miller, L.L.P.  The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Don Williams and seconded by Mr. Vince Maggio and adopted on this the 18th day of July, 2023. AYES: Mr. Montgomery, Jr., Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: Mr. Smith and Mr. Hammons ABSENT: none ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk Reports – Angela Williamson, Finance Director, gave the Council the monthly Financial Report. She noted City is 5% under budget in expenses and 28% over budget in revenues. Mr. Montgomery asked about budget process since budget is due to Council by September 15, 2023. She reported budget process is on schedule. He asked that Council members be allowed to continue process of meeting with Finance Director to make sure budgets are conservative in nature and balanced. Clinton Patrick, Engineering Department, went over the Monthly Project Report with the City Council. He noted that the Bigby Carriageway was 73% complete and at this time expecting substantial completion in April 2024. He also noted that Highway 71 lighting project lights should be shipped on August 18th. Mr. Hammons asked about getting the area around lights cleaned up. Mr. Williams asked Mayor to provide daily email on storm cleanup areas. Mayor apologized to citizens for delay and will try to get information to Mr. Williams. Mr. Hammons asked about delay in grass cutting due to storm cleanup and the possible need to hire outside contractors. Mayor reported that Mr. Rich was working on and reported just this morning his crew would be getting back on grass. Mr. Smith asked about employees needing to be hired. Mayor reported if Council wants it done fast, need to hire but if the city does it, will take time. MPC Director Carlotta Askew-Brown introduced Council to new Zoning Inspector Nicholas Taylor. There being no further business to come before this Council, Council President Free adjourned the meeting at 4:22PM Respectfully submitted: Phyllis McGraw City Clerk Publish: July 26, 2023 Bossier Press Tribune