The Board of Commissioners of the Bossier Levee District met in regular session on Wednesday, February 9, 2022 at 10:00 a.m. at the Levee Board Office, 3404 Industrial Drive, Bossier City, Louisiana. The President, Tim Larkin, called the meeting to order.
ROLL CALL PRESENT: Commissioners - ALLEY, LARKIN, STELLY, and MONTGOMERY Staff: Mark Long, Deanna Rabb, German Velazquez from the Department of Transportation and Development, and Tom Arceneaux, District Counsel.
ABSENT: BANTLE and MOORE
The first order of business was the opening prayer by Commissioner Montgomery and the Pledge of Allegiance by Commissioner Larkin.
On motion by Alley, seconded by Stelly, and unanimously passed, the Board dispensed with the reading of the minutes and approved the minutes of the regular Board Meeting previously held on January 6, 2022.
REQUESTS BY VISITORS:
Mr. Thomas C. Moore requested an encroachment permit to have a small portion of his driveway located at 1060 Wemple Road to be constructed within the Bossier Levee District’s Control Area on Willow Chute Bayou.
On motion by Stelly, seconded by Alley, and on recommendation from the Applications Committee the Board granted the permit request submitted by Mr. Moore approving a portion of his driveway at 1060 Wemple Road to impede the outer 50’ of the BLD’s Control Area on Willow Chute Bayou. No comments from the public. (Permit #2022 - 02)
The Ban Suk Korean Baptist Church represented by Michael Kelsch with Raley and Associates, Inc. submitted a request for a permit for the demolition of an existing building and proposed construction of a new building along with a parking that would partially encroach the BLD Control Area on their property at 2219 Brownlee Road.
On motion by Alley, seconded by Montgomery, and on recommendation from the Applications Committee the Board approved the permit request submitted by Ban Suk Korean Church to demolish an existing building, replace with new building, and a parking lot that partially encroaches the BLD Control Area on Lateral B-1. No comments from the public. (Permit #2022 - 02)
Micha Duffy, Engineer with Coyle Engineering Co., Inc. on behalf of the Bossier Parish Police Jury requested an encroachment permit onto the Bossier Levee Board’s easement of the Bobby Byrd Ditch in order to construct improvements to the existing ditch.
On motion by Stelly, seconded by Montgomery, and on recommendation from the Applications Committee the Board discussed and approved the abandonment of control over the Bobby Byrd Ditch plus encroachment on Willow Chute Bayou Control Area, however, thus allowing the District the right to cross the pipe with heavy equipment within the Control Area, subject to approval by DOTD for changes to prevent scouring. (Permit #2022 – 04)
Mr. Todd Roberts with DALCO Properties, LLC represented by Don Durr, with Durr Engineering was present to request a permit to construct a 78’ X 80’ proposed building 25 feet from the toe of the Red River Levee at the rear of his property located at 2409 Benton Road. This permit request was deferred until approval is received from the CORPS, therefore no action was taken. (PERMIT #2022 - 05)
Mr. Ra Phipps with Boggs and Poole, on behalf of Cypress Baptist Church submitted a permit request seeking to remodel and expand the newly purchased C&L building 92 feet more towards the south and to also construct a new hardscape and the associated drainage improvements needed.
On motion by Alley, seconded by Montgomery, and on the recommendation from the Applications Committee the Board approved the permit request submitted by Mr. E. Brian K. Smith of Smith Engineering Co., on behalf of Cypress Baptist Church to remodel and expand 92’ south including hardscape and drainage improvements subject to granting the BLD access through the parking lot for heavy equipment use with knowledge that the District would not be held liable for any damages that may or may not occur. (PERMIT #2022 – 06)
F. Micha Duffey with Coyle Engineering on behalf of their client Red River Motor Company requested an encroachment permit to allow construction for a proposed car wash located at 1980 Airline Drive to be built within the Bossier Levee District’s Control Area of Lateral B-1.
The above permit request was tabled until the District receives a drainage study and other needed information including plan changes to permit access for maintenance, and the possibility of the ditch being paved. No action was taken. (PERMIT #2022-07)
OLD BUSINESS:
Mr. Michael Lowe, Attorney with Kean Miller, LLP updated the Committee and the Board on the possible settlement with Testament Construction regarding the Red Chute Widening Project.
n motion by Alley, seconded by Montgomery, and on recommendation from the Applications Committee the Board unanimously passed and approved the final breakdown adjusted from the previous submittal - Pay Application 24 and the execution of the settlement agreement to be signed by Tim Larkin, which would resolve all claims and payments between both parties and would reserve the right and defenses relating to construction defects or any future warranty claims. No comments from the public.
Mr. Kurt Nixon with Nixon Engineering Solutions, LLC reported that the Tinsley Ditch Project would go out for public bid and discussed the possibility of needing additional temporary construction servitudes with the City of Bossier through a Cooperative Endeavor Agreement. No action was taken.
NEW BUSINESS:
The following Plats were received from the MPC for review:
a. Bee Bend Acres: Unit #3 – Outside of Control Area and authorization granted. No action taken.
b. Willow Chute Ranch: Mark Long is authorized to approve administratively once Control Area is verified and the needed changes are made to the plat language.
c. Willow Brook, Units #4 & #5: Mr. Mark Long authorized to approve however, developer will need to apply for permits and not letters of no objection.
d. Canes Landing: Mr. Mark Long authorized to approve 50’ encroachment once revisions are made to plat language.
The Board discussed the draft agreement and the changes made to the Red River Navigation Feasibility Study.
On motion by Alley, seconded by Stelly, and unanimously passed the Board authorized the agreement to be signed by Mr. Tim Larkin once all changes have been made and counsel has reviewed the document. No comments from the public.
LEVEE AND DRAINAGE REPORT:
Red Chute Levee Improvement Project
- January 9, 2019, at 9:30 am. – opened bids on Red Chute Bayou Levee Improvement Project; with low bid of $5,145,791.49 from Testament Construction Services, LLC.
- March 22, 2019 – contract signed with Testament Construction.
- July 23, 2019 – Started Time Charges.
- January 6, 2020 – Work approximately 50% complete.
- August 5, 2021 – received Certificate of Substantial Completion from project engineer with an effective date of August 2, 2021.
- November 9, 2021 – work on punch list items is near completion; remaining work includes small areas to be seeded, a small amount of cleanup, and a couple of minor fence repairs.
- December 13, 2021 – no observed activity by Testament Construction since November 2, 2021.
- December 15, 2021 – Randy Denmon, PE, issued a Certificate of Acceptance for the project; the certificate was filed on December 17, 2021.
Red Chute Levee Raise Project
- Mitigation analysis for levee raise is being conducted by Nixon Engineering and Dewberry Consultants.
- October 31, 2019 – Nixon Engineering delivered mitigation report.
- December 8, 2019 – Kurt Nixon and Jacob Lesue presented the board with mitigation study results.
- March 11, 2020 – Kurt Nixon submitted a revised mitigation study report with recommendations for a levee raise and mitigation.
Red Chute Bayou Channel Slope Repairs
- Recent high-water events have caused several slope failures on the bayou inside Barksdale AFB; work is needed to remove trees and stabilize slope failures near levee.
- July 24, 2019 – Vicksburg Corps conducted a damage assessment of high-water damages on Red Chute Bayou; no determination as of November 11, 2019.
- December 9, 2019 – Donald Walker, Chief of Vicksburg Corps Emergency Management called and advised that the Vicksburg Corps would be providing funding for approximately 10 bank caving sites along the levee.
- December 10, 2019 – Captain Papia with the Vicksburg District made a site visit to assess the bank repair areas.
- March 30, 2020 – received letter dated March 24, 2020, from the colonel of the Vicksburg District Army Corps denying our request for PL 84-99 funding for bank caving repairs.
- Waiting for further direction from Corps on repair requirements.
- July 8, 2021 – Lanny Barfield with the Vicksburg USACE District, advised that the District recently requested approval
from the MVD for funding approval to repair of the sites.
Levee Inspection Compliance
- BLD has completed an inspection and report of deficiencies on the Red River Levee including items listed on the USACE 2019 Levee Inspection Report. Our plan of action is to start removing all unwanted vegetation and other encroachments in areas where permission can be obtained from property owners.
- Corps Routine annual inspection conducted on May 3, 2021, on the Red Chute Bayou Levee.
- Corps Periodic Levee Inspection conducted May 4-5, 2021, on the Red River Levee.
- Work underway south of LA 511 Bridge removing encroaching trees and brush.
- November 15, 2021 thru November 18, 2021 video inspection made on all levee drainage structures.
Red River Levee Certification
- May 8, 2018 – sent letter to Corps requesting their services in providing new levee certification.
- February 7, 2020 – we received word from Craig McRaney with the Vicksburg Corps that the levee can be raised above elevation of Lock and Dam 5 Road; Mr. McRaney also advised that the levee district should submit a request for a 408 permit to raise the levee in the areas with insufficient freeboard.
- February 10, 2020 – a conference call was held with several members of the Vicksburg Corps; the purpose of the call was to seek guidance on how to expedite the permit for the levee raise and to request that the Corps provide assistance in obtaining the permit. Very little new information was obtained from the call; the Corps did say that they would research the Congressional Authorization for the levee to determine if any restrictions such as an additionally congressional authorization would be needed to raise the levee.
- September 9, 2020 – hired Kurt Nixon to review options for levee certification.
- January 11, 2021 – held conference call with Vicksburg Corps and discussed 408 permit requirements for raising the areas with deficient free board on the Red River Levee north of Lock and Dam 5.
- March 3, 2021 – Kurt Nixon provided progress letter on status of the 408 permit.
- April 12, 2021 – conference call held with Katy Breaux and members of the Vicksburg Army Corps of Engineers to discuss a Risk Assessment to be used for levee certification.
- April 22, 2021 – conference call with Vicksburg Corps to discuss Risk Assessment; Katy Breaux advised that the Corps has obtained funding for the Hydraulic Analysis portion of a Risk Assessment
- June 8, 2021 – spoke with Katy Breaux, Project Manager with Vicksburg Corps and she advised that work on the Hydraulic Analysis portion of the Risk Assessment should be completed by the end of July 2021.
- On August 17, 2021 Raley and Associates completed work on cross sectioning and topo survey of a 6.0-mile segment of the levee from lock and Dam 5 road north.
- January 4, 2022 – received a status update on the CORPS H&H Analysis for the Red River Levee; the H&H Analysis is complete however they are waiting on new risk assessment classification guidance before issuing a report.
- February 17, 2022 – conference call with Vicksburg Corps tentatively scheduled to discuss results of the levee H&H Analysis.
Red River Corps Study
- August 28, 2019 – the Vicksburg Corps met with the Flood Technical Committee and briefed the Committee on the preliminary findings from the Study. The Study has produced a new 100-year flood profile which indicates that a portion of the levee north of Lock and Dam 5 has less than the minimum 3-foot free board; the new 100-year flood profile will also require new Base Flood Elevations (BFEs) be established. The Study is scheduled to be completed in March or April of 2020. Shona Gibson with FEMA Region 6 was also at the meeting, and she said the Corps and FEMA will be working together to produce the new BFE’s; she also said that our levee system will not be re-certified due to the deficient levee height north of Lock and Dam 5.
- December 6, 2019 – we received the new 1% WSE river profile grades for the Red River Levee from the Vicksburg Corp.
- December 13, 2019 – we received plan and profile drawings with new 1% WSE river profile.
- August 6, 2020 – Corps held a WebEx meeting and discussed the summary report; they also provided copies of the report.
Flat River Outfall Pipes - South of Sligo Road
- February 2, 2022 – Cooperative Endeavor Agreement made with the Bossier Parish Police Jury to cost share on the installation of two outfall pipes south of Sligo Road on Flat River.
Red Chute Bayou Levee Culvert Rehab
- November 18, 2021, video inspection of the outfall CMP culvert at station 238+30 revealed a separation in the corrugated metal pipe; repair needed as soon as possible.
- December 15, 2021 – the board approved advertising for bids for HDPE culvert liners to line two CMP culverts on Red Chute Levee located on BAFB.
- January 12, 2022 - HDPE Culvert Liner Bid from Isco Industries, Inc. in the amount of $62,816.20 was approved by board.
- February 2, 2022 – received delivery of HDPE Culvert Liners.
Tinsley Ditch Culverts
- December 15, 2022 – the board authorized Kurt Nixon with Nixon Engineer to proceed with survey and design for the replacement of existing culverts under Crowing Lane and installation of a new culvert between Crowing Lane and Lateral B-4 ditch.
- February 1, 2022 – revised construction plans received from Nixon Engineering, awaiting maps for drainage servitudes.
Red River Levee Ponding Area
- January 5, 2022 – requested surveyor to survey area near Red River Levee Station 147+00 to determine how best to drain an area of ponding water adjacent to the levee.
Levee and Drainage Crews
- Removing fallen trees from Red Chute Bayou in various locations.
- Inspecting levees, channels, and drainage structures; cleaning outfall pipes and flap gates.
- Trimming trees brush on levees and drainage channels.
- Servicing and repairing equipment.
Surplus Equipment
- The following equipment is to be sold as surplus.
1) 2003 Case MX 110 with 5313 hours; Equipment # 205.
2) 2016 John Deere 6135E with 520 hours; Equipment # 380.
3) 2016 John Deere 6135E with 326 hours; Equipment # 381.
4) 2009 John Deere 7230 with 4975 hours; Equipment # 207.
5) 2009 John Deere 7230 with 4705 hours: Equipment # 208.
6) 2007 Ford F-450 with 103,566 miles; Equipment # 108.
7) 2000 John Deere Track Excavator with 4790 hours; Equipment # 203.
On motion by Montgomery, seconded by Stelly, and unanimously approved, the Board authorized the Secretary for the District to make payments for the month of February in the amount of $115,215.02 as set forth in the materials provided for the Board. The February 9, 2022 Bossier Levee District Board Meeting was adjourned at approximately 10:40 a.m.
__________________________ _____________________________
Tim Larkin, President Deanna S. Rabb, Secretary