MINUTES OF THE MEETING OF VERMILION PARISH SCHOOL BOARD February 15, 2007 The School Board met this day in regular session at 216 South Jefferson Street, Abbeville, Louisiana, at 6:00 p.m., with the following members present: Mr. Ricky Broussard, Mr. Dexter Callahan, Mr. Charles Campbell, Mrs. Angela Faulk, Mr. Anthony Fontana, Mr. Ricky LeBouef, Mr. Chris Mayard, Mr. Ricky Broussard, and Mr. Bill Searle. Absent: None. The following items were added to the agenda by unanimous consent: Superintendent s Office: C. 1. k. Move to approve a grant application to provide technology staff development for the 2007-2008 school year C. 1. l. Move to approve the Superintendent s recommended administrative organizational chart C. 1. m. Move to maintain the Vermilion Parish School Board s group health insurance program as partially self-funded for the 2007-2008 policy year and to accept United Healthcare s proposed renewal for administration and excess insurance. C. 1. n. Move to receive and open bids for an oil, gas, and mineral lease on the west half (W/2) of Section 16, Township 14 South, Range 4 East, Vermilion Parish, Louisiana, containing 320.00 acres, more or less. The Board recognized Reiss Olsberg, winner of the Vermilion Parish Soil and Water Conservation poster contest. The Board recognized Erath Middle School as being one of twelve Louisiana Schools that narrowed the achievement gap between higher and lower student groups. On motion of Mr. Campbell seconded by Mr. Fontana and carried, the Board adopted agenda items as follows:
Adopted the minutes as transcribed for filing purposes as the official minutes of the Vermilion Parish School Board for the meeting held on February 1, 2007. Authorized the installation of a GPS satellite station at Kaplan High School. Authorized amending the intergovernmental agreement with the Vermilion Parish Police Jury, approved by the Vermilion Parish School Board on February 2, 2006, by expanding the easement from up to one (1) acres of land to up to one and one half (1 ½) acres of land on Section 16, Township 13 South, Range 4 East to relocate the Henry Volunteer Fire Station. (copy on file) Terminated the pasturage lease with Bryan Toups on the John W. Matte property. Granted a six (6) month homestead lease for $100.00 to Gwen Abshire. Renamed the Vermilion Parish School Board s Media Center to the Vermilion Parish School Board Annex. Adopted the following resolution authorizing advertisement for bids for an oil, gas, and mineral lease, as required by law, on the eastern half (E/2) of Section 16, Township 14 South, Range 2 East, Vermilion Parish, Louisiana, containing 322.04 acres, more or less: R E S O L U T I O N BE IT RESOLVED That the application received by this Board from Cinco Land & Exploration, Inc. for a Public Letting of an oil, gas, and mineral lease, affecting all or part of the East Half (E/2) of Section 16, Township 14 South, Range 2 East, Vermilion Parish, Louisiana, containing 322.04 acres, more or less, be and the same is hereby accepted and that bids be received at the office of this Board, situated in the School Board building, 216 South Jefferson Street, Abbeville, Louisiana, at which time same be opened and considered. BE IT FURTHER RESOLVED That the Secretary of this Board be and he is hereby authorized and directed to publish notices of such Public Letting in the newspapers and for the period of time required by law; the notices to be published to be substantially on the form attached to these minutes as a part hereof and initialed by the Secretary of this Board for identification with the resolution. * * * * * * * * * * * * * * * * * * PUBLIC NOTICE VERMILION PARISH SCHOOL BOARD
By authority of, and in conformity with, the laws of the State of Louisiana, sealed bids will be received at the office of the Vermilion Parish School Board, 216 South Jefferson Street, Abbeville, Louisiana, 70510, on or before April 4, 2007, at 3:30 p.m., for the lease of oil, gas and/or other liquid or gaseous hydrocarbon mineral rights, in and to the following described tract, situated in the Parish of Vermilion, State of Louisiana, to-wit: All or part of the East Half (E/2) of Section 16, Township 14 South, Range 2 East, Vermilion Parish, Louisiana, containing approximately 322.04 acres, more or less Bids received after April 4, 2007, at the hour of 3:30 p.m. will not be accepted. Bids will be publicly opened and considered at the regular School Board meeting scheduled on March 1, 2007, at 6:00 p.m. located at the above address. All bids to offer a cash bonus for a lease with a primary term which shall not exceed three (3) years. One-half (1/2) of the cash bonus will be full and adequate consideration for every right granted and not allocated as mere rental for a period, and one-half (1/2) will be rental for the first year of the lease. Minimum royalty shall be one-fourth (1/4th) of all the oil and gas produced and saved from said property; and one-fifth (1/5th) of all other liquid or gaseous hydrocarbon minerals produced and saved, or utilized, for said property. A fee in the amount of 10% of the cash bonus must accompany the bid and shall be paid by the lessee to the Vermilion Parish School Board. Lessee must agree to drill within one (1) year from the date of the lease or, under penalty of forfeiture, to pay rentals of not less than one-half (1/2) of the cash bonus paid therefore, for the right to defer drilling during the second and third years of the primary term and to drill offset wells, if necessary, to protect the land from drainage. Certified check, cashier's check, or bank money order payable to the Vermilion Parish School Board for the full amount of the cash bonus shall accompany and be deposited with each bid and no bid or deposit may thereafter be withdrawn or cancelled, and the cash bonus thus deposited shall be forfeited to the Vermilion Parish School Board by the successful bidder in the event said bidder does not enter into written contract. This lease, if granted, shall be on our lease form BBM-Min-71, Revised 20 Aug. 99, a copy of which may be obtained upon request from the School Board Office, and shall be subject to approval of the State Mineral Board and if not approved thereby and countersigned by the duly authorized officer of the State Mineral Board, shall be null, void, and of no effect. The Board reserves the right to reject any and all bids. VERMILION PARISH SCHOOL BOARD /s/ Randy Schexnayder
Randy Schexnayder Secretary-Treasurer Adopted the following resolution authorizing assignment of oil, gas, and mineral lease as it applies to 640 acres, more or less, in Section 16, Township 13 South, Range 1 West, Vermilion Parish, Louisiana: R E S O L U T I O N WHEREAS, By instrument dated November 28, 2005, recorded under Entry No. 20513125 in the public records of Vermilion Parish, Louisiana, the Vermilion Parish School Board granted an oil, gas, and mineral lease to and in favor of Cimarex Energy Co. covering 642.56 acres, more or less, in Section 16, Township 13 South, Range 1 West, Louisiana Meridian, Vermilion Parish, Louisiana; and WHEREAS, Cimarex Energy Co. is now desirous of making an assignment of 1.50% of their overriding royalty interest in said lease to Miocene Oil & Gas, Inc., whose mailing address is P. O. Box 52121, Lafayette, Louisiana 70505. WHEREAS, The Vermilion Parish School Board has not made an examination or determination that all of the provisions and conditions in the Subject Lease have been met, and accordingly, this resolution is not intended to, nor shall it act in any manner as a ratification of the Subject Lease nor as a waiver of any right which this Board may have, including prescriptive rights. NOW, THEREFORE, BE IT RESOLVED By the Vermilion Parish School Board that the assignment from Cimarex Energy Co. to Miocene Oil & Gas, Inc. is hereby approved and accepted by this Board. Approved a grant application to provide technology staff development for the 2007-2008 school year. Approved the Superintendent s recommended administrative organizational chart. (copy on file) On motion of Mr. Fontana, seconded by Mr. Campbell and carried, the Board adopted the proposed changes to the Board s agricultural contracts and awarded agricultural contracts, as per the amended list submitted, for five (5) years as authorized by LA R. S. 41: 1212. Nay vote recorded: Mr. Ricky Broussard. (copy on file) On motion of Mr. Fontana, seconded by Mr. Broussard and carried, the Board authorized The Corne-Lemaire Group to prepare plans and specifications and advertise for bids for the construction of a 60 x 120 Maintenance warehouse at the Transportation shop location.
On motion of Mr. Fontana, seconded by Mr. Mayard and carried, the Board maintained the Vermilion Parish School Board s group health insurance program as partially self-funded for the 2007-2008 policy year and accepted United Healthcare s proposed renewal for administration and excess insurance. No bids were received pursuant to advertising for oil, gas, and mineral lease on the west half (W/2) of Section 16, Township 14 South, Range 4 East, Vermilion Parish, Louisiana, containing 320.00 acres, more or less. On motion of Mr. Campbell, seconded by Mr. Broussard and carried, the Board entered into executive session to discuss the following: Potential litigation Personnel matters On motion of Mr. Mayard, seconded by Mr. Callahan and carried, the Board reconvened into regular session. On motion of Mr. Campbell, seconded by Mr. Mayard and carried, the Board amended the agenda to adopt a resolution authorizing the Vermilion Parish Assessor to hire an attorney to represent the Vermilion Parish School Board before the Tax Commission and before the courts for ongoing litigation over the assessment and ad valorem taxation of certain pipeline property located in Vermilion Parish. On motion of Mr. Fontana, seconded by Mr. Callahan and carried, the Board adopted the following resolution authorizing the Vermilion Parish School Board before the Tax Commission and before the courts for ongoing litigation over the assessment and ad valorem taxation of certain pipeline property located in Vermilion Parish: R E S O L U T I O N WHEREAS, there is on-going litigation over the assessment and ad valorem taxation of certain pipeline property located in Vermilion Parish; and WHEREAS, the Assessor of Vermilion Parish is in the process of reassessing the properties for the referenced taxpayers pursuant to Judgment issued by the 19 th Judicial District Court; and WHEREAS, the referenced have lodged the following appeals with the Louisiana Tax Commission challenging the Assessor s reassessed valuation for the referenced years; TAXPAYER: LTC DOCKET NO: TAX YEARS: ANR Pipeline Co. 06-22113-001 1994-2003 Southern Natural Gas 06-22113-002 2000-2003 Tennessee Gas Pipeline 06-22113-003 2000-2003
WHEREAS, as this litigation proceeds it has become necessary for the Assessor to defend the assessments in legal proceedings; WHEREAS, such a defense will necessitate the Assessor contracting with legal counsel; WHEREAS, in an effort to limit the costs of such legal counsel, which cost is ordinarily borne proportionately by the ad valorem taxing bodies in this Parish, the Assessor intends on engaging legal counsel on a contingency fee basis, with any fees coming only from any additional taxes collected as a result of the new assessments of the above referenced tax payers; and WHEREAS, the Vermilion Parish School Board will benefit from the collection of any additional ad valorem taxes collected with the assistance of the legal counsel contracted by the Assessor. NOW, THEREFORE, Be It Resolved by the Vermilion Parish School Board in a duly called open meeting does hereby authorize the Assessor to engage BRIAN A. EDDINGTON, Attorney at Law as legal counsel for its benefit on a contingency fee basis, not to exceed 10% of the additional taxes, interest and penalties collected for its benefit pursuant to the decision of the Louisiana Tax Commission in the above referenced proceedings or by judgment of a reviewing Court and does hereby obligate and encumber an amount not to exceed 10% of the additional taxes, interest and penalties collected for it benefit for the payment of said legal fees. BE IT FURTHER RESOLVED, by the Vermilion Parish School Board that the Assessor and/or the Ad Valorem Tax Collector of Vermilion Parish be and are hereby authorized to pay said legal fees to the legal counsel contracted by the Assessor to provide legal services in the above referenced matters prior to or contemporaneously with the disbursal of any additional taxes, interest and penalties to it. On motion of Mr. Callahan, seconded by Mrs. Faulk and carried, the Board amended the agenda to direct the Board attorney to seek an advisory opinion from the Louisiana Board of Ethics concerning the ability of certain companies to conduct business with the Vermilion Parish School Board. On motion of Mr. Fontana, seconded by Mr. Broussard and carried, the Board directing the Board attorney to seek an advisory opinion from the Louisiana Board of Ethics concerning the ability of certain companies to conduct business with the Vermilion Parish School Board in reference to Board member, Mrs. Angela Faulk. On motion of Mr. Campbell, seconded by Mr. Callahan and carried, the Board accepted the following personnel change list and addendum as presented and recommended by the Superintendent: RETIREMENT Romero, Wilbert Erath Middle Janitor effective March 31, 2007
ADDENDUM APPOINTMENTS Frederick, Michelle Central Office (Transportation Department) Clerk/Typist effective February 16, 2007 replaces Sandra Primeaux, who resigned Hebert, Angie Meaux Elementary Middle School Math/Science Teacher effective February 1, 2007, through May 31, 2007, only replaces Michelle Caldwell, who was granted a sabbatical ****************************************************************************** ADDED AT MEETING: APPOINTMENT Soileau, Kirk Central Office Supervisor of Transportation effective February 16, 2007 replaces Clarence Moss, who retired The Board received information and advisory reports as follows: Business Department: Oil & Gas Revenue Report Sales Tax Report Insurance Fund Report On motion of Mr. Searle, seconded by Mr. Callahan and carried, the Board adjourned the Regular Board Meeting # 14 at 8:48 p.m. /s/ Ricky LeBouef Mr. Ricky LeBouef President /s/ Randy Schexnayder Mr. Randy Schexnayder Secretary-Treasurer