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Louisiana Municipal Review

PUBLISHED BY THE LOUISIANA MUNICIPAL ASSOCIATION

VOL 85, NO. 9

SEPTEMBER 2020

"One disaster away from disaster."


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The Louisiana Municipal Review, the official publication of the Louisiana Municipal Association, serves as a medium for the exchange

of ideas and information for municipal officials in Louisiana. With a circulation of over 3,200, this publication is read by employees of

Louisiana municipal governments, sheriffs, parish presidents, state government officials, and members of the state legislature and

Congressional delegation, among others. Subscription rate: $24 per year; Single copy: $2. Louisiana residents, add 9% sales tax.

Rates for display, professional-listing, and classified advertising available upon request at editor@lma.org.

Statements or expressions of opinions appearing herein are those of the authors and not necessarily those of the Louisiana

Municipal Association. Publication of any advertisement shall not be considered an endorsement of the product or service involved.

No material from this publication may be reprinted without the express permission of the editor.

Editorial offices: Louisiana Municipal Association, 700 North 10th Street, Suite 400, Post Office Box 4327, Baton Rouge, LA 70821-

4327, editor@lma.org, www.lma.org, (225) 344-5001, (800) 234-8274, FAX (225) 344-3057.

LOUISIANA MUNICIPAL REVIEW

MUNICIPAL REVIEW STAFF

(USPS 832-560) (ISSN 0164-3622)

Executive Director: John Gallagher jgallagher@lma.org

3 rd class postage paid at

Managing Editor: Karen Day White kwhite@lma.org

Baton Rouge, Louisiana.

Postmaster – Send address changes to:

Editor: Anita Tillman atillman@lma.org

LOUISIANA MUNICIPAL REVIEW

Production Coordinator: Baton Rouge Press, Inc.

Post Office Box 4327

Baton Rouge, LA 70821-4327

2020-2021 LMA EXECUTIVE BOARD (non-affiliate, non-advisory)

President – Jimmy Williams – Mayor, Sibley

District J Vice President – Rodney Grogan, Mayor, Patterson

First Vice President – Michael Chauffe – Mayor, Grosse Tete LMA Past President – Barney Arceneaux, Mayor, Gonzales

Second Vice President– Jennifer Vidrine – Mayor, Ville Platte LMA Past President – Glenn Brasseaux, Mayor, Carencro

Immediate Past President – Harry Lewis – Mayor, Rayville

LMA Past President – David Butler, Mayor, Woodworth

District A Vice President – Peggy Adkins, Mayor, Sarepta

LMA Past President – David Camardelle, Mayor, Grand Isle

District B Vice President – Ronny Walker, Mayor, Ruston

LMA Past President – Clarence Fields, Mayor, Pineville

District C Vice President – Adam Holland, Mayor, Oak Grove LMA Past President – Norman Heine, Councilman, Baker

District D Vice President – Rick Allen, Mayor, Leesville

Vice President at Large – Mark Piazza, Mayor, Abbeville

District E Vice President – Nathan Martin, Councilman, Pineville Vice President at Large – Darnell Waites, Mayor, Baker

District F Vice President – Charles James, Mayor, Sunset

Vice President (< 1K) – Kevin Colligan, Mayor, Cankton

District G Vice President – Kenneth Stinson, Mayor, Vinton

Vice President (1K – 2.5K) – Johnny Natt, Mayor, Mangham

District H Vice President – David Toups, Mayor, Addis

Vice President (2.5K – 5K) – Robert Hardey, Mayor, Westlake

District I Vice President – Vacant

Page 2

LMR | SEPTEMBER 2020


Inside the LMA

Director’s Viewpoint

RECOVERING AND REBUILDING

BY JOHN GALLAGHER, EXECUTIVE DIRECTOR

“When the burdens of the

presidency seem unusually

heavy, I always remind myself

it could be worse. I could be a

mayor.” This quote by the 36th

President of the United States, Lyndon B. Johnson,

was invoked by Lake Charles Mayor Nic Hunter

during his introductory remarks for an August 19th

virtual press conference sponsored by the LMA and

the National League of Cities. Those words proved

prophetic when, only one week later, Lake Charles felt

the full brunt of Hurricane Laura, the most powerful

storm to hit Louisiana in 150 years. Laura wrought

catastrophic destruction throughout the city, along

with devastating infrastructure, homes, and businesses

in other southwest Louisiana municipalities, including

DeQuincy, Sulphur, Vinton, DeRidder, and Westlake.

The storm continued its path of ruin through central

and north Louisiana, prompting the issuance of

hurricane warnings in Ruston and Shreveport for

the first time ever. A sobering fact that puts things

into perspective for me: over 20,000 miles of power

lines were felled by the storm, almost enough to

circumnavigate the globe. In all, 23 parishes have been

declared as federal disaster areas.

As the mayors of these municipalities strive to

effectively manage disaster recovery, many continue

to struggle. Thank you to all of the LMA members who

have sent essential workers to these areas, opened

shelters for those who have been displaced, and sent

critical supplies to throughout the state. Governor

Edwards, GOHSEP, and state agencies have been

boots-on-the ground since before the storm made

landfall and they continue to work around the clock in

collaboration with federal partners to move recovery

efforts along as quickly as possible. But efficient

and successful recovery also demands public-private

partnerships, so we are particularly grateful to all

of the utility companies, communications providers,

and the Louisiana Rural Water Association for their

diligence in restoring infrastructure so we can get our

fellow Louisianans back home to safely rebuild.

Of course, this recent storm devastation occurred

against the backdrop of the ongoing COVID-19

pandemic. Louisiana is still number one per capita

in infections, though, thankfully, recent statistics

have demonstrated a decline in both infections and

hospitalizations. The fiscal crisis

facing LMA members across

the state because of the

pandemic also continues

to build. Tax revenues,

fees, and other sources of

revenue have drastically

declined, making it

difficult for municipalities

to continue to provide basic

services as part of the ongoing

fight against COVID-19.

As mentioned above, a virtual press conference was

held on August 19, during which Mayor David Butler

of Woodworth, Mayor Ronny Walker of Ruston,

Mayor Ben Zahn of Kenner, and Mayor Nic Hunter of

Lake Charles spoke about the effects that declining

revenue is having on their respective budgets and

operations. All four mayors emphasized the need

for direct aid to local governments as part of the

next stimulus package, an issue that is currently

locked in a congressional stalemate. I urge you to

contact our congressional delegation and tell them

that direct funding to locals is a critical part of a

successful economic recovery, not only in Louisiana,

but throughout the United States. Thank you again

to Mayors Butler, Walker, Zahn, and Hunter for their

eloquence and insight. We were very pleased with the

statewide media coverage that we received on this

critical issue.

Regretfully, Hurricane Laura forced postponement of

the remainder of the workshops for the 2020 LMA

Virtual Convention. I felt it was necessary to do so for

our many members who were affected by the storm,

so that they may focus on recovery at this time. We

will announce new dates for those workshops, along

with details about the award ceremony for winners of

our annual Community Achievement Awards.

Please continue to take care of yourselves and each

other and keep those affected by Hurricane Laura

in your thoughts and prayers. If you would like to

contribute funds or other donations to the affected

areas, please contact area United Way offices, the Red

Cross, or other reputable non-profit or faith-based

organizations in these areas.

LMR | SEPTEMBER 2020 Page 3


President’s Message

NEIGHBORS HELPING NEIGHBORS

BY MAYOR JIMMY WILLIAMS, TOWN OF SIBLEY

Our state is hurting and like Louisianans

have demonstrated time and time

again, when life gives us lemons, we

have a seafood boil. Just like in the

good times when neighbors come

together around a table spread with crawfish, corn and

potatoes - when times are bad, neighbors come together to

help each other. Whether it’s clearing a downed tree, serving

hot meals, delivering supplies, or comforting a family who

has lost everything, we find a way to stick together. Hurricane

Laura delivered a devastating blow, but we will fight

our way back and with everyone pitching in, we can come

back stronger.

I believe two of the most valuable things I can offer at this

time are my prayers to all affected and information to help

us rebound quickly. The staff at LMA has compiled many of

the resources and information that is critical to the recovery

of our citizens. Please share the following information as we

continue to pray for one another, especially for those who

have lost loved ones and their homes during this tragic time.

FEMA Hurricane Laura Assistance Available

As of September 15, FEMA has approved 21 Louisiana parishes

for Individual Assistance following Hurricane Laura.

Federal FEMA assistance can include grants for temporary

housing and home repairs, low-cost loans for uninsured

property loss and other programs to help people and businesses

recover from

Hurricane Laura.

People who sustained

losses in

Hurricane Laura

in the designated

parishes of Acadia,

Allen, Beauregard,

Caddo, Calcasieu,

Cameron, Grant, Jackson, Jefferson Davis, LaSalle, Lincoln,

Morehouse, Natchitoches, Ouachita, Rapides, Sabine, St.

Landry Vermilion, Vernon, Winn and Union can begin applying

for assistance today by registering online at http://

www.DisasterAssistance.gov or by calling 1-800-621-FEMA

(3362) or 1-800-462-7585 (TTY) for the hearing and speech

impaired. The toll-free telephone numbers will operate from

7 a.m. to 10 p.m. (local time) seven days a week until further

notice.

• To apply for an SBA loan, visit https://disasterloanassistance.sba.gov/s/.

SBA has also opened a Virtual

Business Recovery and Virtual Disaster Loan Outreach

Center, which can be reached at FOCWAssistance@sba.

gov or via phone at 1-800-659-2955 from 8:00 AM -

8:00 PM.

• Pre-register for the Disaster Supplemental Nutrition

Assistance Program (DSNAP) here: http://www.dcfs.

louisiana.gov/page/360.

FEMA Denials:

• Individuals with homeowner’s insurance who have

been denied by FEMA will need to submit further documentation

from your insurance provider regarding

deductible amounts and the level of coverage that you

are receiving. FEMA is working to update their online

systems to more accurately reflect this status.

Emergency Shelter:

• Residents in need of emergency shelter should text

LASHELTER to 898-211 for information on where to

go or call 211.

• Find information about emergency shelters in the

surrounding region at https://www.disasterassistance.

gov/information/immediate-needs/emergency-shelter.

Operation Blue Roof:

Operation Blue Roof has been approved and is setting up

operations in Southwest Louisiana. The program, which is a

joint effort through the Army Corps of Engineers and FEMA,

provides the installation of temporary roofing protection for

residential properties, at no cost to homeowners. Operation

Blue Roof provides critical assistance for those who either

can’t afford or are physically unable to install tarps. Homeowners

must sign a Right-of-Entry request allowing access

to their property to perform an assessment, and if warranted,

install a temporary roof.

• To register, call 1-888-ROOF-BLU (1-888-766-

3258) or sign up at https://blue-roof-online-signup-usace.hub.arcgis.com/.

• Learn more about the program at https://www.usace.

army.mil/Missions/Emergency-Operations/National-Response-Framework/Temporary-Roofing/.

Utility Outages:

Utility providers are working around the clock to restore

power services and repair damaged infrastructure. To track

current outages, visit https://lpsc.louisiana.gov/Outages/

Map/nrs.

Page 4

LMR | SEPTEMBER 2020


Inside the LMA

HUD Announces Disaster Assistance for Victims of

Hurricane Laura

Foreclosure protection offered to displaced families

The U.S. Department of Housing and Urban Development

(HUD) has announced federal disaster assistance for the

State of Louisiana to provide support to homeowners and

low-income renters displaced from their

homes in areas affected by Hurricane

Laura.

The President’s declaration allows HUD

to offer foreclosure relief and other

assistance to impacted families living in

these counties. HUD is:

• Providing immediate foreclosure

relief – HUD’s automatic 90-day moratorium on foreclosures

of Federal Housing Administration (FHA)-insured

home mortgages commenced for the Louisiana

counties covered under the Presidential declaration on

the date of the declaration. For assistance, call your loan

servicer or FHA’s Resource Center at 1-800-CALL FHA

(1-800-225-5342);

• Making mortgage insurance available – HUD’s Section

203(h) program provides FHA insurance to disaster

victims whose homes were destroyed or damaged to

such an extent that reconstruction or replacement is

necessary and are facing the daunting task of rebuilding

or buying another home. Section 203(h) borrowers

are eligible for 100 percent financing, including closing

costs;

• Making insurance available for both mortgages and

home rehabilitation – HUD’s Section 203(k) loan

program enables those who have lost their homes to

finance the purchase or refinance of a house along

with its repair through a single mortgage. It also allows

homeowners who have damaged houses to finance the

rehabilitation of their existing single-family home. For a

list of lenders in your area, call FHA’s Resource Center at

1-800-CALL FHA (1-800-225-5342); and

• Making information on housing providers and HUD

programs available – The Department will share information

with the Federal Emergency Management

Agency (FEMA) and the State on housing providers that

may have available units in the impacted counties. This

includes Public Housing Agencies and Multi-Family

owners. The Department will also connect FEMA and

the State to subject matter experts to provide information

on HUD programs and providers.

• Read about these and other HUD programs designed

to assist disaster victims at https://www.hud.gov/info/

disasterresources.

Disaster Records Recovery Information from Louisiana

Secretary of State’s Office

As Louisianans across our state deal with the aftermath of

Hurricane Laura, please be assured that staff at the Louisiana

State Archives, Secretary of State Kyle

Ardoin’s Office is here to assist with

records disaster recovery advice and

resources. Local, parish, and state

employees affected by the storm will

have the challenges of both personal

and professional recovery measures.

Recovery and remediation, when possible,

of records and artifacts of the

State of Louisiana is vital to the preservation of our history.

Information about disaster recovery can be found on the

Secretary of State’s website at sos.la.gov.

State and local agencies in Louisiana are required to report

damage to public records to the Secretary of State’s Office

under Louisiana R.S. 44:411 and 44:423. This includes all

damage to paper or electronic records from minor damage

to total loss. To report damaged records, please fill out the Records

Damage Assessment Worksheet and send the completed

form to disasters@sos.la.gov.

If you have any questions about records recovery and preservation,

you can contact the Louisiana State Archives’ disasters

team at 225-922-1218 or by emailing disasters@sos.la.gov.

We are happy to do whatever we can to assist our colleagues

facing these difficult times.

Waiving/Reducing Water Bills

Normally, Article VII, Section 14 of the Louisiana Constitution

would prohibit a municipality from reducing or waiving

a high water bills caused by a leak on the customer’s side

of the meter. In most

circumstances, the

municipality may only

offer a payment plan

to the customer and

even then, may have

to charge interest if

the payment period is

prolonged. However,

the Attorney General’s

Office has opined that when the damage to the customer’s

side of the line is caused by a natural disaster, a public body

MAY waive or reduce the bill. It is strongly suggested that if

a municipality opts to reduce or waive such excessive utility

bills, that they develop guidelines for when and how they

will do so in advance. Such waivers and reductions should be

equitably and consistently applied.

LMR | SEPTEMBER 2020 Page 5


Gov. Edwards Outlines COVID-19 Restrictions as

Louisiana Moves Cautiously into Phase 3 Until October 9

Gov. John Bel Edwards has released details of his proclamation

moving Louisiana’s response to COVID-19 to Phase 3. Some

businesses will be able to increase their occupancy, and bars may

reopen subject to certain restrictions, only in parishes that do

not have high incidence of illness and only if local governments

choose to opt in.

“We have seen some improvement in decreased COVID-like

illness, new COVID cases and hospitalizations in recent weeks,

as our strong mitigation measures are working. That said, I want

the people of Louisiana to know that moving into Phase 3 does

not mean that COVID is no longer a problem for us because in

fact it is. That’s why it is incumbent upon all Louisianans to follow

the guidance, wear their masks and avoid going out when they

are showing symptoms,” Gov. Edwards said. “We all want to see

a return to normalcy, but it is going to take all of us working

together to get us there. There are still some looming factors

that could come to bear on the fragile gains that we have made

including students returning to schools at all levels, the outcome

of the Labor Day weekend and the displacement of thousands

of residents by Hurricane Laura from an area that had among

the highest case counts in the state. If we see a spike in cases, we

may be forced to go back to a more restrictive Phase 2.”

“I also want people to be realistic, as Phase 3, with perhaps some

relatively minor modifications, is likely where we stay until a vaccine

is widely available,” Gov. Edwards said. “That doesn’t mean

that there won’t be minor changes, but we are going to see

things like the statewide mask mandate and crowd size limits in

place for quite some time in our state and also across the nation.”

The new order will expire on October 9. In it, restaurants, churches,

salons, spas, gyms and other businesses will be able to open

at a maximum of 75 percent of their occupancy, with social

distancing in place.

For now, bars will remain closed to on-premises consumption

in parishes with high incidence of COVID as evidenced by their

test positivity rate, which is a continued recommendation of

the White House Coronavirus Task Force, as cases among young

people and in college towns continue to grow.

Gov. Edwards’ order also outlines how bars may begin to re-open

for on-premises consumption in Louisiana in Phase 3, based on

the percent positivity of the parish for a two-week period. Parishes

with a positivity rate of 5 percent or lower for two consecutive

weeks may opt-in to open bars for on premises consumption,

under the restrictions in the Governor’s order.

This two-week percent positivity will be updated every two

weeks by the Louisiana Department of Health.

When re-opened, bars will be able to open at 25 percent capacity,

up to 50 people, indoors for customers seated for tableside

service. They may have no more than 50 customers outdoors,

socially distanced, seated for tableside service. No live music will

be allowed. All drinks must be ordered at the table and delivered

by bar staff to the table. Sale and service of alcohol at bars, when

they reopen, must end at 10 p.m., with all patrons cleared from

the building by 11 p.m. When re-opened, no one under the age

of 21 is permitted in any bar.

Phase 3 also prohibits the sale or service of alcohol for on premises

consumption at all establishments, including restaurants and

casinos, after 10 p.m.

The statewide mask mandate will stay in place under the new

order. Masks have proven to be a key mitigation measure in the

fight against the spread of COVID-19. The more Louisianans who

wear masks, the more Louisiana businesses can stay open.

The order continues to recommend those at higher risk of severe

illness from COVID-19 stay at home unless they must leave for

an essential activity, such as getting food or medical care. People

with higher risk include those with compromised immune systems,

those 65 and older and those with conditions like diabetes,

hypertension, heart or kidney disease and obesity. Consult the

CDC guidance on high risk conditions for more information.

Indoor social gatherings, like weddings or receptions, will be

limited to the lesser of 250 people or 50 percent capacity of the

facility. Outdoors, crowd sizes are limited to 50 percent capacity,

up to 250 people, if people will be in close proximity and social

distancing is not possible. Casinos will stay at 50 percent capacity

and 75 percent of their gaming positions under the new order.

Sporting events, like college football games, will operate at a

lesser capacity of 25 percent and without alcohol sales.

Nursing home visitation will be prohibited in Phase 3, but the

Louisiana Department of Health is working on a pilot program to

begin to allow visitation at nursing homes with no new cases for

14 days and in parishes without high numbers of COVID-19. LDH

will release details in the coming days.

Please go to gov.louisiana.gov to read the updated Phase 3 order

(117 JBE 2020 COVID 19 Public Health Emergency), which includes

the closure of bars to on-site consumption, the statewide

mask mandate and limitations on gathering size. It is important

to read the extension of emergency provisions (118 JBE 2020

Renewal of State of Emergency for COVID 19) that is also

extended to October 9.

The State Fire Marshal’s office and the Louisiana Department of

Health will share information with business owners via the Open

Safely portal, which is located at opensafely.la.gov. All business

owners are encouraged to read not only the executive orders,

but the relevant documents from Open Safely.

Page 6

LMR | SEPTEMBER 2020


Inside the LMA

Legal Briefs

SO, WHERE ARE WE NOW?

BY KAREN DAY WHITE, EXECUTIVE COUNSEL

Since 1976, the meetings of Louisiana’s

public bodies have been governed by our

Open Meetings Law (“OML”), which is now

codified in La. R.S. 42:11 et seq. In the 50

years since inception, the provisions have been amended and

refined to reflect the people’s sacred right to know as articulated

in Article XII, Section 3 of the Louisiana Constitution of 1974:

“No person shall be denied the right to observe the deliberations

of public bodies and examine public documents, except

in cases established by law.” One of the core tenets of the OML

is that meetings must be held in person.

Understanding all of the mandates and intricacies of the OML

was already daunting. Then along came COVID-19. As it became

apparent that Louisiana would not be spared from this

global pandemic, Governor Edwards began issuing a flurry of

executive orders aimed at providing legal clarity, protecting

the public, and, most importantly, slowing the spread of the

coronavirus. Among the first tranche of executive orders was

Executive Order 30 JBE 2020, which Governor Edwards issued

on March 16, 2020.

That order provided an exception to the OML requirement of

in-person public meetings as follows: (1) municipalities were

required to develop a means for council members to attend

essential meetings by teleconference or video conference;

(2) municipalities had to simultaneously develop a means by

which the public could observe and participate as otherwise

provided in the OML; (3) IF a council member wanted to participate

via remote means (or had to in order to comply with social

distancing mandates), and IF counting those participating

via remote means was required in order for the body to have

a quorum for conducting business, then remote participation

was an allowable exception to the OML during the pendency

of the public health emergency.

Utilizing the exact same language, this remote participation

process was extended via Executive Orders 41 JBE 2020, 52 JBE

2020, 59 JBE 2020, 75 JBE 2020, and 84 JBE 2020. So, for four

months, public bodies adapted to this new normal, developing

systems and integrating software to embrace remote attendance

by council/board members.

Then on July 23, 2020, the day before 84 JBE 2020 was set to

expire, 97 JBE 2020 was issued. Noticeably absent from this

new order was the remote attendance provision. So, does that

mean that we are back to the default OML mandate of in-person

meetings? Well, kind of.

During the 2020 Regular Session of the Louisiana Legislature,

the body nearly unanimously passed Act 302, which substantively

amended the OML to add an exception for meeting

during a gubernatorially declared disaster or emergency. La.

R.S. 42:17.1 became effective on June 12, 2020, creating a statutory

fix for meetings during states of emergency/disaster. The

law provides very clear boundaries and prerequisites for such

remote meetings. First and foremost, there is a requirement

that holding the meeting in person would be detrimental to

the health, safety, or welfare of the public.

But the most dramatic difference between the new law and

prior executive orders is the departure from a quorum-making

approach to a mandate that agenda items for these remote

meetings be limited to the following: (1) matters that are directly

related to the public body’s response to the disaster or

emergency and are critical to the health, safety, or welfare of

the public; (2) matters that if they are delayed will cause curtailment

of vital public services or severe economic dislocation

and hardship; and (3) matters that are critical to continuation

of the business of the public body and that are not able to be

postponed to an in-person meeting due to a legal requirement

or other deadline that cannot be postponed or delayed by the

public body.

The new law also provides clear notification requirements for

remote meetings. At least 24 hours prior to the meeting, the

municipality (in addition to posting the agenda at the location

of the meeting) must post the notice and agenda on its

website, email it to any member of the public or the news media

who requests notice of meetings of the public body, and

widely distribute the notice to every known news media outlet

that broadcasts or publishes news within the geographic area

within the jurisdiction of the public body. The notice must

be accompanied by detailed information about how the public

may participate in the meeting and submit comments on

agenda items.

Regarding the actual conduct of the meetings, the municipality

must provide a mechanism to receive public comment electronically,

both prior and during the meeting, and must ensure

that all parts of the meeting (other than executive session) are

clear and audible to all. Meeting participants must be clearly

identified, and public comments must be expressly identified,

acknowledged, and maintained in the meeting record.

It is likely that the subject of remote meetings will be revisited

in future legislative sessions. Technology and the changing

landscape of the modern workplace demand it. In the meantime,

remote meetings are reserved for dealing with time sensitive,

critical matters.

LMR | SEPTEMBER 2020 Page 7


LMA Virtual Workshops Postponed

The 2020 Annual LMA Convention workshops have

been postponed in the wake of the devastation left by

Hurricane Laura.

Hurricane Laura made landfall on August 27 and ravaged

Louisiana with wind and rain before moving north into

Arkansas. Currently, President Trump has approved Major

Disaster Declarations for 23 parishes: Allen, Beauregard,

Calcasieu, Cameron, Jefferson Davis, Acadia, Vermilion,

Catahoula, Grant, LaSalle, Natchitoches, Rapides, Sabine,

Vernon, Winn, Bienville, Claiborne, Red River, Caldwell,

Jackson, Lincoln, Ouachita and Union. Conservative

estimates indicate $9 billion in damages as hundreds of

thousands of Louisianans suffer through the sweltering

heat without power.

The LMA team is working diligently to assist its members

during this difficult time and is currently rescheduling

the virtual workshops for October 13 - 15 and October

20 - 22. For resources and assistance for victims of

Hurricane Laura, please visit the following:

• LMA Emergency Management Publications:

https://www.lma.org/LMA/Publications/

Emergency_Management/LMA/Publications/

Emergency_Management.aspx?hkey=b99b0258-

f839-49b2-b6a5-f568656b5df8

• Reimbursement for Transportation Facilities and

Assets:

http://www.ltrc.lsu.edu/ltap/emergencypreparedness.html

• Secretary of State’s Disaster Forms and Guidance:

https://www.sos.la.gov/

HistoricalResources/ManagingRecords/

DisasterPreparationAndRecoveryInformation/

Pages/default.aspx

The LMA’s disaster management and recovery expert,

Deputy Director of Disaster Response Brett Kriger, is

also available to assist LMA members with any questions,

including FEMA reimbursement, best practices, state

and federal mandates, and more. He may be reached

at bkriger@lma.org or 225-252-6118.

“Having spoken to mayors throughout the state,

the devastation is almost unimaginable,” said LMA

Executive Director John Gallagher. “For some, it may

be several weeks before power and water are restored.

As we strive to vigilantly assist our membership, those

affected by this terrible storm remain in our thoughts

and prayers. We encourage those who are able to do

so to contribute through one of the relief coordinating

agencies throughout the affected areas of the state.”

The LMA will publish a revised schedule of virtual

workshops once they are confirmed.

Page 8

LMR | SEPTEMBER 2020


Municipalities

LMA’s Strong Congressional Partnership

BY BRANDON BREWER, LMA LEGISLATIVE LIAISON

The Louisiana Municipal Association

prides itself on well-built

relationships with our congressional

delegation. Throughout the

year, LMA stays in constant contact

with the members and their staff

ensuring ways we can support

each other as it pertains to

local issues. The senators and

congressmen show continuous

support of our association by attending and addressing

our membership at the LMA Annual Mid-Winter

Conference and the LMA Annual Convention. This gives

LMA members a great advantage by hearing updates

directly from the federal level as well as building

relationships in person.

Each year, the congressional delegation welcomes LMA

members with open arms as we attend meetings and

receptions in Washington D.C. in conjunction with

the NLC Congressional City Conference. During these

visits, we engage the delegation and their staff about

the needs of our members as it relates to the success

of our communities. The ability to have face time with

the senators, congressmen, and the congressional

staff reinforces LMA’s relations on the federal level as

well as our members. Successful relationships bring

additional benefits to our membership. This past year,

U.S. Congressman Garret Graves took LMA members

on a private night tour to see iconic and historic rooms

of the United States Capitol including the Statuary Hall,

Rotunda, and House Chamber. A highlight of the evening

was standing out on the Speaker’s Balcony overseeing

Capitol Hill. The same balcony where Presidents, Popes

and other monumental leaders have stood. Over the last

several months, LMA’s close partnership in Washington

has proven to be a huge asset for our members.

2020 has already shaped up to be a challenging year for

local government. Louisiana’s cities, towns, and villages

have been hit hard by the COVID-19 pandemic. During

this crucial time, our congressional delegation has been

fighting to secure funds for local government and our

communities from lost revenues. Congress passed

a key piece of legislation regarding the pandemic.

The Coronavirus Aid, Relief and Economic Security

(CARES) Act provided payments to state and local

governments and to help them navigate the impact of

the COVID-19 outbreak on their communities. Senator

Bill Cassidy helped introduce the State and Municipal

Aid for Recovery and Transition Act (SMART), which

has not passed in the Senate as of now. Protecting

essential municipal employees from being laid off is

a key component of the SMART Act. Police officers,

firefighters, teachers, sanitation workers and other

municipal personnel are essential to our communities.

Senator John Kennedy’s Coronavirus Relief Fund

Flexibility for State and Local Government Act has been

included in the Senate’s coronavirus relief package.

The bill would give state and local governments more

flexibility as they use funds provided by the Coronavirus

Aid, Relief and Economic Security (CARES) Act.

The Coronavirus Relief Fund Flexibility for State and

Local Government Act would allow states and local

governments to use CARES Act funding for operating

expenses unrelated to the coronavirus. This bill does

not allow officials to spend this CARES Act money

on shoring up their pension funds. The CARES Act

established the $150 billion Coronavirus Relief Fund,

which has provided payments to state, local and tribal

governments to help them respond to the coronavirus

pandemic. Every state received at least $1.25 billion from

this allocation.

Municipal budgets are being depleted and this funding

is vital to sustain local government. The Louisiana

delegation played a crucial role and took the lead back

home to ensure that local government’s needs are a top

priority. LMA is continuing to assist the congressional

delegation to alleviate the hardships felt by our members

during this pandemic. LMA and our members are urging

Congress for direct funding to help offset diminished tax

revenues.

Negotiations are currently at a standstill between the

House and Senate leadership over the HEROES Act

passed by the House of Representatives in the House

and the recently introduced Senate HEALS Act. A key

disagreement is whether to provide direct funding to

states and local governments to help offset diminished

revenues to address continued COVID-19 efforts. Efforts

to use flexibility in the use of CARES Act funds similar

to the Kennedy bill have been floated by the Senate

leadership as a compromise, however it likely will not

benefit Louisiana municipalities, as the $525 million in

CARES Act funds appropriated to local governments will

likely be used. The LMA and National League of Cities

held a virtual press conference August 19 featuring four

Louisiana Mayors: Ronny Walker of Ruston, David C.

Butler of Woodworth, Nic Hunter of Lake Charles and

Ben Zahn of Kenner. The mayors discussed employment,

small business, and infrastructure challenges their

LMR | SEPTEMBER 2020 Page 9


municipalities are facing. Theses mayors supported

and urged Congress to provide direct funding to local

governments to address the diminished revenues. This

has become even more urgent with the catastrophic

effects of Hurricane Laura as it affected Lake Charles,

Ruston and Woodworth.

The LMA reached out to all members of the Louisiana

Congressional Delegation to get their thoughts on these

issues. Below are the responses we received to the

following questions:

-What are your top legislative priorities that affect local

government?

-What is your position on direct assistance to local

government as it relates to expenses?

-How will you aid in the economic recovery?

Their plans and actions will be vital for the future success

of municipalities. Here is what they had to say:

Senator Bill Cassidy (R)

“I do not want to see a situation where cities slash police

budgets and force layoffs of those who put their lives on

the line to keep us safe. We cannot let Americans down

in this time of tremendous need. Congress must work

together to deliver the support they need, and we’ll be

stronger as a nation for having done so.”

“Local community leaders know the challenges facing

them in the COVID-19 recovery. Perhaps the biggest

is the budgetary shortfall created by the economic

lockdown. The SMART Act is necessary to keep local

essential workers employed. I appreciate those on the

frontlines for their support.”

Senator John Kennedy (R)

“For months, state and local governments have been

working under the weight of an incredible health crisis.

Giving those governments the flexibility to help their

communities weather this pandemic—by using money

they already have—is a no-brainer. I’m glad to see this

commonsense provision in the Senate’s relief package.”

Congressman Clay Higgins (R) District 3

“I supported the CARES Act, which provided Louisiana

with $1.8 billion for state and local governments. That

bill also provided an additional $270 billion for state

and local governments through various grant programs

and formula allocations. Much of this funding has not

yet been disbursed or still needs to be administered at

the state level. We’re pushing to expedite these existing

relief funds for municipalities.”

“The greatest stimulus that we can provide is to fully

reopen our economy. Getting Americans back to work

and rebuilding our economic engines are top priorities

and necessary for long-term recovery. “

“We are directly helping Louisiana citizens every day.

My office has spearheaded an outreach initiative to

bring Veterans services to communities across South

Louisiana, and we’ve opened and closed over 3,000

constituent cases in the District.”

“Additionally, my office is working closely with our

federal and state partners to prioritize Louisiana’s

needs. This includes resources for dredging and flood

mitigation, transportation infrastructure, and the current

public health response. We’re working closely with

President Trump and his administration to put Louisiana

and our communities first.”

Congressman Mike Johnson (R) District 4

“The coronavirus pandemic has wreaked havoc on state

and local government budgets as sales tax and other

revenue streams have dried up. In an effort to respond to

this, the CARES Act appropriated over $1.8 billion to the

state of Louisiana, but very little of that funding has been

passed by the state to our parishes and municipalities.

That should change, but the most important thing

we can do to address this crisis is to get revenues

Before digging, call 811

at least two full work days in advance.

That’s all it takes to notify Louisiana 811

members, so they can mark nearby utility

lines and pipelines to prevent injury and

costly accidents.

IT’S THE LAW. IT’S FREE.

Call or click www.Louisiana811.com

Page 10

LMR | SEPTEMBER 2020


Municipalities

flowing again by opening up the economy as quickly

and as safely as possible. In the meantime, Congress

is currently debating further assistance to state and

local governments, but we must ensure that any future

funding is targeted so that taxpayer dollars are not used

to bail out certain states for their decades of poor fiscal

decisions.”

Congressman Garret Graves (R) District 6

“When things are working the way they’re supposed

to, local government survives and thrives in proportion

to the surviving and thriving of the people it serves.

If anything is clear six months into a pandemic, it’s

this: things are not working the way they’re supposed

to. From the federal perspective, the most effective,

long-term support the federal government can deliver

to municipalities is policies that encourage safe and

productive economic activity. With that as the primary

objective of federal policymaking, circumstances

may also require the federal government to step in in

more substantial ways. And Congress has been doing

that, passing multiple pieces of legislation providing

direct, boots-on-the-ground assistance. Passage of the

CARES Act in March, for example, delivered federal

relief and recovery to health care workers, individuals

and families, and job creators in Louisiana and helped

stabilize our local economies and communities.”

“This crisis has dragged on much longer than any

of us anticipated, and the federal response must

continue to be multi-faceted and dynamic. Yet, even in

Dual Officeholding

these unprecedented times, local figures remain best

suited to determine the pandemic’s impact in their

communities and to put the appropriate mitigation

and other strategies in place to protect the health and

well-being of its people and its future. I’ll continue to

push for policies that help make that happen. That’s

why I recently introduced bipartisan legislation in the

House of Representatives that would empower local

business owners to safely reopen without having to

fear a frivolous COVID-19 lawsuit. Our bill protects job

creators who take follow safety and other guidelines

to prevent the spread of the virus so that they can

re-open and help restart local economies. Most

importantly, our legislation is the result of ongoing

dialogue we’ve had with local officials and small

business owners like you and is just one example of the

kind of policies needed as we move forward – but it’s

not enough. More needs to be done, and I look forward

to continuing to hear from you.”

We encourage our members to stay engaged on

federal issues that impact Louisiana, and your local

community. Please reach out to your congressman and

senators and let them know the needs of the locals are

important to Louisiana’s success. A strong partnership

between local and federal leaders is what is needed to

move us forward. We greatly appreciated the time each

congressional member has given to this association

and their continued support of local government.

Attorney General’s Opinions

BY JEFF LANDRY, ATTORNEY GENERAL

Prohibited Donations

Opinion: 20-0084 The Abbeville Housing

Authority may pay its general counsel

a monthly flat-fee retainer if such fee

does not violate La. Const. art. VII, § 14.

Released: 8/3/2020

Opinion: 20-0040 The provisions of the Dual Officeholding and

Dual Employment Law do not prohibit a full-time employee of

the Iberville Parish Department of Public Works from serving as

a contract employee of the Iberville Parish Parks and Recreation

District. Released: 8/4/2020

Local Government Budget Act

Opinion: 20-0004 A mayor and board of aldermen of a Lawrason

Act municipality may not alter the amount appropriated

to the police department in a previously adopted municipal

budget except by amending the budget in accordance with

the provisions of the Local Government Budget Act. Released:

8/13/2020

Open Meetings

Opinion: 20-0098 The Open Meetings Law does not prohibit

members of a public body from attending open public meetings

as citizens. Released: 8/19/2020

Civil Liability

Opinion: 20-0108 La. R.S. 17:439.1 and La. R.S. 9:2800.25 provide

immunity from civil liability for COVID-19 claims under certain

circumstances. Released: 9/4/2020

Elections

Opinion: 20-0104 A voter who is diagnosed with COVID-19 or

is subject to a quarantine order while awaiting a COVID-19

diagnosis would qualify to vote absentee so long as a medical

professional certifies that the voter is disabled. Released:

9/1/2020

LMR | SEPTEMBER 2020 Page 11


LaMATS Board Leadership Confirmed

The LaMATS Board of Directors approved its proposed

2020-2021 slate of members and officers on July 28, and

the list was ratified the following day at the annual LMA

stockholders meeting.

Officers named for the coming year are: Ville Platte

Mayor Jennifer Vidrine (President); St. Francisville Mayor

Billy D’Aquilla (Vice President); and Crowley Councilman

Vernon “Step” Martin (Secretary/Treasurer). Rayne

Mayor Chuck Robichaux was selected to serve as an

officer upon Mayor D’Aquilla’s expected retirement

at the end of 2020. Other Board members include

Carencro Mayor Glenn Brasseaux; Woodworth Mayor

David Butler; Grand Isle Mayor David Camardelle; Grosse

Tete Mayor/LMA First Vice President Michael Chauffe;

Pineville Mayor Clarence Fields; Rayville Mayor Harry

Lewis; Pineville Councilman Nathan Martin; Farmerville

Clerk Gay Nell Pepper (CMC); Baker Mayor Darnell

Waites; Sibley Mayor/LMA President Jimmy Williams;

and LMA Executive Director John Gallagher. LaMATS

staff members are: Executive Director, Cliff Palmer, and

Program Manager, Mary Joseph.

LaMATS thanks all our dedicated Directors and looks

forward to the coming year of progress in service to

Louisiana’s local governments.

IMMEDIATE PROGRAM ENROLLMENT OPPORTUNITIES

The time is now to enroll your municipality into the

LaMATS Insurance Premium Tax (IPT) and Occupational

License Tax (OLT) collection services, both of which

begin annually each January. LaMATS long-running IPT

program collected a total of $23.5 million in revenue

this year for the more than two-thirds of Louisiana’s

local governments that participate. Collecting

important revenues and sparing members considerable

administrative effort, LaMATS growing OLT program is

delivered by leading provider Avenu Insights & Analytics

(formerly RDS), and offers a robust, user-friendly

platform approved by municipal staff and local business

owners nationwide.

LaMATS is also accepting September enrollments

in our new Franchise Fee Audit service, designed to

increase municipal revenues from utility providers,

such as regional cable and electric companies, whose

contracts with local government often predate current

administrations and rarely receive thorough review of

terms for regulatory or market changes that may benefit

municipal coffers.

Contact Executive Director Cliff Palmer (cpalmer@

lamats.net) to inquire about participation in these or any

LaMATS program.

Hail and Farewell to Marlaine Peachey

The LaMATS and LMA staff will miss our dear friend and

colleague, Marlaine Peachey, as she prepares to retire

with her boss, Mandeville Mayor Donald Villere, after 20

years of municipal service. As the Executive Assistant

to the Mayor and past LMA Executive Board member as

President of the La. Association of Municipal Secretaries

and Assistants (LAMSA), Marlaine has played a vital

role over the years planning LMA District meetings

and coordinating important training conferences for

LAMSA. Marlaine has dutifully served three Mandeville

mayors, a local fire district as board secretary, and Vice

Chair of the St. Tammany Parish Tourist Commission.

And in her spare time, she authored the Christianbased

book, “Sharing Your Love Story,” has charmed

audiences around the country as a gifted speaker, and

taught weekly Bible classes to women and children.

John Gallagher (LMA Executive Director), Myra Walker

(LAMSA President and Walker clerk), and Cliff Palmer

(LaMATS Executive Director) said of Marlaine, “she is

a true professional in every sense with a genuine and

caring heart for all. We will miss her creative ideas and

energy in the workplace, and wish her much happiness

in her next journey.”

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Page 12

LMR | SEPTEMBER 2020


A Word from

Our Affiliates

Jennifer Vidrine Billy D’Aquilla Vernon “Step” Martin Chuck Robichaux

Glenn Brasseaux David Butler David Camardelle Michael Chauffe Clarence Fields

Harry Lewis Nathan Martin Gay Nell Pepper Darnell Waites Jimmy Williams

John Gallagher Cliff Palmer Mary Joseph

LMR | SEPTEMBER 2020 Page 13


J

John Gallagher, LMA

Cliff Palmer, LaMATS

Page 14

LMR | SEPTEMBER 2020


Partner Insight

Rural Development

USDA Rural Development Helps Rural Communities Thrive

BY ROY HOLLEMAN, STATE DIRECTOR, USDA RURAL DEVELOPMENT

It is imperative for our rural municipalities

to update critical drinking water and

wastewater infrastructure. Modern

water systems are vital not only to

public health, but also the economic vitality in creating and

maintaining thriving rural communities.

If you need help financing new infrastructure or expanding

your current water system, USDA Rural Development stands

ready to help. Afterall, everyone should have access to safe

drinking water.

Through the USDA Rural Development Water and Waste

Disposal Loan and Grant Program, loans, grants and loan

guarantees are available for drinking water, sanitary sewer, solid

waste, and storm drainage facilities. USDA can partner with

rural communities, water districts, and other eligible entities to

build or improve water infrastructure systems in rural areas of

50,000 or less.

Eligible borrowers are local governmental entities, non-profit

organizations, and federally recognized tribes. Preplanning

and other technical assistance may be available to financially

distressed rural communities for improvements to their water

system. Funding can also be used for legal and engineering

fees, land acquisition, water and land rights, permits and

equipment.

For example, USDA recently funded the following four

projects through the Water and Waste Disposal Loan and Grant

Program.

· Zone Two Water System received $972,000 to replace water

mains, meters, and construct an Architectural Barriers Act

Accessibility Standard meeting room.

· Town of Colfax received $2,237,000 to drill two water

production wells, replace deteriorated aerator, repair

leaking water lines, and update water meters.

· Town of Tullos received $1,165,000 additional funding to

construct a water treatment plant.

· Waterworks District #2 of St Landry Parish received

$2,158,000 to add water softeners, install ground storage

tank, and replace service pumps. Additional improvements

are a new building, generator, and replacing aging water

meters.

Rural Development offers easy terms for rural communities

with limited resources. Very low-interest loans are currently

available for eligible borrowers. Interest rates can be as low as

1.125% and grants may be combined with a loan if you qualify.

Applications are accepted year-round. Eligible rural

communities and water districts can apply online with RD Appy

for funding to maintain, modernize, or construct water and

wastewater systems.

Rural Development partners with the Louisiana Rural Water

Association and others to help with day-to day operational,

financial, management issues, and assist with energy audits.

Contact the local specialist in your area. Louisiana’s RD Area

Offices are in Monroe (318) 343-4467, Natchitoches (318) 352-

7100, Lafayette (337) 262-6601, and Amite (985) 748-8751.

The Louisiana team is here to help guide you with obtaining

infrastructure upgrades necessary to maintain the social,

economic, and environmental health of your community.

Please contact Roy Holleman at roy.holleman@usda.gov or

(318) 473-7657. For more information, visit www.rd.usda.gov/la

and follow @RD_Louisiana on Twitter.

LMR | SEPTEMBER 2020 Page 15


BY LIEUTENANT GOVERNOR BILLY NUNGESSER

No doubt, this is a trying time for the people

of our state. But one thing is for sure,

the people of Louisiana are resilient, giving

and brave (just to name a few).

I have been actively involved in natural

disaster situations since Hurricane Katrina,

the BP Oil Spill and five other hurricanes.

I have seen the amazing work of grass

roots organizations, and even organizations

emerging out of necessity following

these devastating events. One thing is

for certain: volunteers are vital in times of

disaster. Volunteer Louisiana is THE go-to

source of information for anyone wanting to help. Whether you

want to donate a gift of time, money or supplies, Volunteer Louisiana

has a database of organizations using volunteers in disaster

response and recovery. You can also register your organization on

our website so interested persons can connect with you directly.

In times of crisis, Volunteer Louisiana is the go-to source for help.

Did you know:

• Louisianans volunteer over 129 million hours per year, with

an annual economic impact of $2.8 billion for our state.

• Volunteer Louisiana has hosted 19,950 AmeriCorps members

who have provided over 7 million hours of community

service in education, disaster response, environmental

stewardship, economic opportunity, and healthy futures.

• Volunteer Louisiana has awarded over $196,000 in grants

to seventy nonprofits and local schools since 2010. 35,000

volunteers provided 175,000 hours of service which made

an economic impact of $3.7 million.

Right now, join the thousands of others making a permanent and

immediate difference in the lives of our fellow Louisianans most

in need. Go to www.VolunteerLouisiana.org, today!

We are #LouisianaStrong!

Volunteer Louisiana, the one-stop shop

to donate, give and make a change

Lt. Gov. Billy Nungesser handing out water in Lake Charles.

Catholic Charities – Group

from St. Thomas More

Catholic High School cut up

and hauled trees that fell on a

home in North Lafayette.

Photo by Catholic Charities

UL Lafayette AmeriCorps

distributing food and water

Operation BBQ – Serving hot meals to survivors after Hurricane Laura.

Photo by Operation BBQ

Page 16

Mercy Chefs – Providing meals. Photo by Mercy Chefs

LMR | SEPTEMBER 2020


Damage Assessment is Critical to Recovery

MUNICIPAL RESPONSIBIITY FOR REPORTING DAMAGES

The FEMA disaster assistance programs in many ways function

like your insurance policy on your home, business or car.

In the event that damage occurs, it is up to you to report your

damage to the insurance company, provide evidence of the

cause, and cooperate with a claims adjuster to ensure you are

fairly compensated. FEMA, like the insurance company, has no

responsibility if you fail to report the damage, don’t provide required

documentary evidence, receipts, invoices, or don’t cooperate

with the claims adjuster who inspects your property damage.

Even after you report the damage, if you don’t carefully monitor

and participate in review of the claims adjuster findings and report,

you may not be fairly treated or fully recover your costs in

accordance with your policy.

FEMA is the insurance company for the disaster and the

policy coverages are laid out in the Stafford Act.

PURPOSE OF THE DAMAGE ASSESSMENT

Damage assessment is the process of determining the location,

nature, and severity of damage sustained by the public and

private sectors after a disaster. The typical damage assessment

estimates for municipality, parish, and local governments are a

shared responsibility.

But, local municipalities are the ones who will suffer for

failure to fully document and report their damages.

The role of the parish and local governmental units in the damage

assessment process is to provide a strong damage assessment

supported by accurate information that will:

• Identify the needs of individuals and communities affected

by the disaster.

• Determine the support needs where local resources are insufficient

to address recovery

• Identify, allocate and prioritize the state and federal resources

that are needed for the response and recovery efforts.

DAMAGE ASSESSMENT PROCESS

The term Preliminary Damage Assessment (PDA) is generally used

by FEMA and the State because it is usually conducted before a

disaster declaration is made. Assessing the damage caused by

a particular event is normally a three-phased process with each

phase of the process serving a distinct purpose.

However, completing Phase 3 is critical even if Phases 1 and 2 are

skipped due to an expedited Presidential Disaster Declaration.

• Phase 1 begins immediately after the disaster, but in some cases

may begin during the event. Its purpose is to be prepared to respond

to any immediate requests for assistance and support for

protective measures.

• Phase 2 is a more detailed look at the needs and usually occurs

prior to a request for federal or state assistance, so that the

most accurate and timely information can be included in the

Governor’s request. In the event of a high visibility disaster the

Governor may request and the President may grant an expedited

Disaster Declaration.

• Phase 3 takes place after receiving a federal or state declaration.

Its purpose it to review and update the information previously

Feature

gathered in order to prioritize the delivery of assistance and ensure

that each jurisdiction’s damages are being considered for

response, recovery, reimbursement and mitigation grant funding

by FEMA and other federal agency emergency assistance programs.

The Preliminary Damage Assessments (PDAs) reporting

and inspection process will qualify you (or NOT) for

FEMA Public Assistance (PA).

FEMA Expectations from the PDA:

FEMA’s main goal is to verify and validate damages in the field

with accurate documentation provided by locals who experienced

the event. Since they are the agency evaluating the need

of an area to receive federal aid, their expectations differ from

those of the impacted state and local governments.

FEMA expects:

• annotated maps showing damage locations at the time of

the Joint PDA.

• local governments and agencies provide photographs, videos,

media articles of damages

• local governments and agencies to produce clear damage

cost estimates that are backed up by clear calculations, invoices,

load tickets, payroll information, volunteer sign-in

sheets, etc.

PDA Team Roles:

The damage assessment process is a joint local, state, federal effort

that needs local involvement to ensure all damages are reported

and documented properly.

• FEMA representative acts as the team leader.

• State representative serves as a mediator between FEMA

and the locals or individuals

• Parish EM Directors typically go around with the FEMA/

State team on the PDA.

• Parish EM Directors reach out to local representatives to explain

to FEMA and the State the extent and impact of damages

(i.e. “what happened and why it matters”).

• Local representatives must be knowledgeable about damage

calculations and detailed cost descriptions (i.e. “a ton of

gravel in our community costs $X from Materials Provider”)

Final Thoughts on PDA and Eligibility for Reimbursement

It is critical to document and report all damages – even those that

a state or FEMA inspector or official tells you is not likely to be

eligible for reimbursement. In major disasters, there are normally

“Unmet Needs” recovery grant funds that are made available for

damages and impacts that were not otherwise eligible for disaster

designated federal assistance programs.

One criterion for applying for those funds is usually that the damage

was documented, reported to FEMA, and ruled “ineligible” for

reimbursement.

If the damage was not reported and ruled ineligible for

reimbursement by FEMA, it is not likely to be eligible for

these special recovery grant funds.

LMR | SEPTEMBER 2020 Page 17


Louisiana Mayors Urge Congress to Take Action on Direct

Federal Aid to Municipalities Impacted by COVID-19

On August 19, the Louisiana Municipal Association (LMA)

hosted a press conference with mayors from across the

state to discuss the economic effects of the COVID-19

crisis on Louisiana’s municipalities and the need for

urgent action at the federal level to ensure cities, towns

and villages can continue to provide essential services

to keep their communities safe and support the

national economic recovery. Mayors Ronny Walker of

Ruston, David Butler of Woodworth, Nic Hunter of Lake

Charles and Ben Zahn of Kenner discussed employment,

small business, and infrastructure challenges their

municipalities are facing due to the ongoing pandemic

and why stalled negotiations in Congress must resume in

order to help communities in Louisiana recover from the

economic downturn caused by COVID-19.

To watch the full press conference,

visit the LMA website at www.lma.org.

“For our small businesses to come back fully within the

City of Ruston, they’ve got to have essential infrastructure

and services in place. We cut our budget this year

by $3.5 million dollars, most of that was for infrastructure

projects that we could have done, so I would say to

Congress: please help us,” Ruston Mayor Ronny Walker

said. “We wouldn’t have had to cut a single person from

our payroll if Congress had done for cities what they did

for businesses. If we could get the same payroll protection

plan that small and large businesses got, that would

be a great help to us in Northeast Louisiana.”

“We certainly hope that Washington would take a look

at us – we’re small, we’re rural, but we’d a whole lot

rather the money come directly to us than go through

the bureaucracy. We need every penny of that to work

with to go back to some normality of business,” Woodworth

Mayor David Butler said. “A number of our members

of Congress live in small municipalities, and it’s

their municipalities also that are asking for help. Without

the infrastructure – the water, sewer and gas – the

economic effects of maintaining that begin to get larger

and larger.”

“We need to provide police, fire, water, sewage, and garbage

collection just like everybody else, and right now

we need the federal government’s help – we don’t need

it forever, we just need it now. I’m a lifelong Republican,

I’ve always felt that the federal government should let

us manage our own affairs right here in our own cities

and parishes, but I speak to them now saying we need

your help now,” Kenner Mayor Ben Zahn said. “We’re

asking for as much as we can get right now because

we’re all feeling that. We need small businesses, big

businesses and government working together to continue

our services.”

“The fiscal impacts of the pandemic have certainly been

a punch in the gut – we expect our sales tax revenue to

be down anywhere from 6 to 10 percent once it’s already

said and done. We are happy to know we do expect

some relief from the CARES Act, but certainly nothing

to the extent that would allow us to continue on with

the growth and progressive nature that we want to as

a city,” Lake Charles Mayor Nic Hunter said. “We need a

hand up, not a handout. I do not believe this is a Kenner

problem, a Lake Charles problem, a Woodworth problem

or a Ruston problem – this is an American problem, and

this is a municipal problem for every municipality in this

country. If Congress really wants to get serious about

putting people back to work, they need to be thinking

long-term, not just putting a band-aid on the situation.”

Page 18

LMR | SEPTEMBER 2020


Feature

Bossier: 1

Ouachita: 2

Tensas: 1

Avoyelles: 1

Rapides: 1

Lafayette: 2

Calcasieu: 1

Baton Rouge: 10

Tangipahoa: 1

New Orleans: 1

Mississippi: 1

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• LDH Certified, Licensed Operator Staffing

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• Long, Short and Emergency Staffing/Management

• Administrative Order and Compliance Assistance

• Certified Lab Testing and Compliance Sampling

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LMR | SEPTEMBER 2020 Page 19


Preparing for and Responding to Hurricane Laura

and Other Disasters During the COVID-19 Pandemic

BY BRETT KRIGER, LMA DEPUTY DIRECTOR OF DISASTER RESPONSE

Louisiana municipalities are facing two

serious threats: Hurricane Laura and the

COVID-19 pandemic. How do leaders

and professionals in healthcare, public

health, and emergency management

cope with this combined challenge to

protect people in the communities they

serve as they face multiple, complex

disasters and emergencies at the same

time?

Planning for tropical storms, hurricanes and other potential

disasters is stressful and difficult even in normal times. Because

the 2020 hurricane season comes during the coronavirus

(COVID-19) pandemic, the preparedness, response,

and recovery process goes from difficult and challenging to

practically overwhelming.

Our public health

and emergency response

professionals

have provided

advice to help

municipal officials

safely prepare, evacuate,

and shelter

for severe storms

that can help you

protect yourself

and others from

COVID-19. Our

friends, family, and

neighbors in the

western part of the state are already facing the complexity

of surviving the aftermath of Hurricane Laura when shelter,

hotels, electricity, food, and water are all in short supply.

The COVID 19 threat even makes it difficult for responders,

utility workers, debris removal teams, and FEMA to get help

into the disaster zone. The shortage of safe operating, living,

and staging locations for all those critical workers is a daunting

challenge.

Limited Shelter for Evacuees

“Our small town of DeQuincy was hit

by Hurricane Laura to the point of

devastation. However, by the Grace

of God, hard-working employees,

great citizens working together, and

volunteers from all over the US, we

are making progress toward restoration.

We may have a small town,

but we have BIG Hearts and those

hearts are shining bright during

these dark days.”

- Mayor Riley Smith, DeQuincy

FEMA will adjust polices to allow state and local officials

to execute non-congregate sheltering in the initial days of

an incident. Non-congregate shelters include, but are not

limited to, hotels, motels, and dormitories. FEMA Regional

Administrators have delegated authority to approve requests

for non-congregate sheltering for hurricane-specific disasters

for the 2020 season. While not a single solution, this funding

will assist with sheltering

operations in

the short-term.

The severe limitations

on shelters

being opened for

evacuees from

Hurricane Laura risk

areas and nursing

homes led many

to plan for staying

with friends or family.

That is a great

option if you have

that opportunity

but if you will be

staying with friends

or family outside

your household to

evacuate from the storm:

“Pineville is accustomed to being a

place of refuge for those impacted

by hurricanes but this time we are

the ones being impacted. We’ve

seen tremendous efforts by our

public works crews and public

safety employees to maintain city

services and keep our citizens safe.

We’re especially thankful for Cleco

and their many supporting contractors

from 16 other states who are

restoring power to our region, including

roughly half our city. As we

move forward into this recovery let

us continue to work together until

all of our citizens are fully restored."

- Mayor Clarence Fields, Pineville

• Talk to the people you plan to stay with about how you

can all best protect yourselves from COVID-19.

• Consider if either of your households has someone

who is at higher risk of developing severe illness from

COVID-19, including older adults or people of any age

who have underlying medical conditions. Make sure

everyone knows what they can do to keep them safe

from COVID-19.

• Follow everyday preventive actions, including covering

coughs and sneezes, washing your hands often, and

avoiding touching your eyes, nose, and mouth with

unwashed hands. Consider taking extra precautions for

Page 20

LMR | SEPTEMBER 2020


Feature

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LMR | SEPTEMBER 2020 Page 21


“Laura was like nothing I’ve ever seen. The massive

sustained winds and blinding rains devastated our

homes and businesses. We estimate that about 10-15%

of our residents’ homes have been damaged beyond

repair and will have to be demolished. We were able to

start debris management early, but we would not have

made the progress that we have without the incredible

outpouring of support from our neighbors in Texas and

our fellow Louisianans. I cannot sufficiently express how

deeply grateful I am to the mayors and council members

who have provided not only food and supplies, but also

kind words of encouragement that we sorely needed in

the wake of this disaster. They have my heartfelt thanks.”

people living in close quarters.

• Know what to do if someone in your family or in the

household you are staying with becomes sick with

COVID-19.

Response and Recovery After A Hurricane

The loss of basic infrastructure resources like safe drinking

water and electricity are always huge impacts after a disaster

event but COVID 19 makes it certain that restoration will take

longer than usual. Since restoration will take longer than following

a typical disaster the stress on residents will be much

greater than normal.

The use of personal generators is common to provide limited

survival capability to run a refrigerator, cooktop, or small

air conditioning unit. But, generators produce dangerous

exhaust and risk of electrocution by back-powering electrical

lines that may be exposed. Several deaths occurred following

Hurricane Laura due to carbon monoxide poisoning from

generators being run inside homes or not properly ventilated.

Virtual Preliminary Damage Assessments

- Mayor Kenny Stinson, Vinton

The severe limitations on responders, damage inspectors and

recovery officials being able to enter and operate in a disaster

area due to COVID 19 has led FEMA to consider new methods

"The City of Westlake took a hard hit from Hurricane

Laura. Our City Hall building lost several walls. Ninety

percent of homes here suffered some kind of damage,

and 40% of homes are uninhabitable. I am proud that

through all of this, our Public Works Department kept our

water and sewer services going. Our Police Department

and Fire Department have done a great job to keep

things as safe as possible for our citizens. Together, we

will get through this."

- Mayor Bob Hardey, Westlake

of conducting damage assessments. FEMA regions may elect

to utilize virtual or desktop Preliminary Damage Assessment

(PDA) capability. Virtual PDAs may include use of aerial

imagery, HAZUS software modeling, or applicant submitted

data, documentation, and photos. Such information submission,

if authorized, is certified by local officials or emergency

managers with detailed and verified statements to document

damages as accurately as possible.

Such virtual assessments have limitations and may be backed

up with onsite validation. But, the reduced risk to inspection

teams, as opposed to conducting physical, in-person assessments

of cost, work, facility, and applicant eligibility may

make this option the preferred choice. If FEMA personnel do

deploy to the field, the plan will be to use as few personnel as

possible.

Individual and Households Programs and Direct Housing

FEMA does not

anticipate major

changes in program

eligibility, timeliness

of grant awards, or

the level of assistance

provided

under the Individual

and Households

Program. However,

the delivery

mechanisms of

certain aspects of

the program will be

modified. FEMA will utilize remote inspections and field work

to evaluate damage as much as possible, with the goal of

expediting the delivery of recovery assistance.

FEMA will only conduct remote inspections on homes where

occupants have indicated a higher degree of damage when

they registered for assistance. For applicants who self-report

minor damage and can remain in the home, FEMA will determine

whether an inspection is necessary, enabling FEMA to

focus its limited resources on those with the greatest need.

These remote inspections and field work, consistent with

eligibility, will support numerous programs including Rental

Assistance, Home Repair Assistance, Replacement Assistance,

Other Needs Assistance for Personal Property, and Assistance

for Miscellaneous Items. Types of Other Needs Assistance that

do not require an inspection, including childcare, transportation,

medical and dental, funeral expenses, moving and

storage, and procurement of Group Flood Insurance Policies,

will be administered as normal.

Direct Housing

“We are resilient people in Sulphur,

with the tendency to put our own

issues aside to work with each

other to rebuild. It is a difficult

time, but a hopeful time to see

the little miracles that take place

every day with all the help from

our city workers, first responders,

relief groups, and residents. Day by

day things are getting better in our

community.”

- Mayor Mike Danahay, Sulphur

FEMA does not anticipate changing the criteria necessary for

approving a request for Direct Housing. However, given the

Page 22

LMR | SEPTEMBER 2020


Feature

“So many have lost so much. The

needs are great. We’re doing our

best to meet them and we’re so

grateful for those who have traveled

from near and far to help us. It’s

heartbreaking, but we’re not hopeless.

We wake up to new progress

every day. DeRidder will be back.

We’ll be stronger and more resilient.”

- Mayor Misty Clanton, DeRidder

challenges associated

with implementing

some forms of

Direct Housing in a

COVID19 environment,

FEMA may

rely more on certain

forms of temporary

housing (i.e., rental

assistance) and

non-congregate

sheltering.

For new disasters that are approved for Direct Housing, FEMA

will prioritize the placement of Transportable Temporary

Housing Units on private sites and the use of Direct Lease.

As for any other disaster, the limitations on use of temporary

housing in coastal zones subject to storm surge and flooding

will be significantly limited.

Public Assistance

Like Hurricane Laura, any disaster that occurs during the

COVID 19 Presidentially Declared Disaster will challenge municipal

officials with record keeping and documentation. All

eligible and reimbursable costs must be tracked and reported

separately to FEMA. We faced the same problem in the past

when Hurricanes Katrina, Rita, Gustav and Ike struck many

of the same communities and created similar damages. The

accounting difficulty can be described as challenging but is

essential. FEMA

tracks, reimburses,

and audits the costs

and eligible reimbursable

projects

as independent

events. It is the

applicant’s responsibility

to accomplish

the reporting

and reimbursement

request process.

The basic principles,

application procedures,

eligibility,

“I don't want Americans to forget

about the need here in Lake

Charles. One of the greatest American

cities, Lake Charles, was hit with

the strongest hurricane to hit the

state of Louisiana in 150 years. We

are resilient, we are strong, we’re

going to help our brothers and sisters,

but we also need our American

brothers and sisters to remember

us and we’re going to need your

help. This is truly going to be a

herculean effort.”

- Mayor Nic Hunter, Lake Charles

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LMR | SEPTEMBER 2020 Page 23


“Taking a direct hit from a Cat 2 hurricane was the worst

feeling I have ever had. Not because I was worried about

my stuff or even my neighbors’ stuff - I was worried about

lives being lost. In Louisiana, we don’t wait for handouts

or big government to bail us out. We roll up our sleeves

and go to work, and that’s exactly what happened. Vernon

Parish had no power left anywhere but several hundred

of us went to work on getting groceries, water, ice

and many other supplies. We are feeding 15,000 people

per day with donated food and volunteer labor. We will

overcome this tragedy one day, but we can never come

up with the right words to say to the family that lost their

14-year-old daughter. God help us to be kind and thankful

for every day we have with our family and friends."

- Mayor Rick Allen, Leesville

and award mechanisms of the Public Assistance (PA) program

will remain unchanged in the COVID 19 environment. However,

most PA work will be conducted virtually. Recipients

should be prepared to conduct virtual applicant briefings,

with virtual participation by FEMA.

The Recovery Scoping Meeting to develop the Program Delivery

Plan and discuss damage inventory will also be conducted

remotely. Recipients and subrecipients should be prepared

for virtual applicant engagement to work through program

delivery, formulate projects, and upload documentation. FEMA

will conduct inspections remotely whenever possible.

While remote inspections may not be possible for all applicants,

the dual use of remote and in person inspections

expedites the delivery of recovery assistance to grant recipients

and reduces the number of personnel required in the

field. For some incidents, FEMA may still deploy PA personnel

to perform specific activities, such as critical infrastructure

stabilization coordination or just-in-time site inspections,

which cannot be completed virtually. FEMA will continue to

provide technical assistance to grant recipients and applicant

personnel through virtual training, job aids, online how-to

videos, the Grants Portal Hotline, virtual mentorships, and

remote customer assistance.

Final Thoughts on Disasters in the Time of Pandemic

Planning for and operating in any major disaster is usually

enough to last any municipal official a lifetime. The challenges

to response and recovery are daunting and the risks

to residents, businesses, and economy can seem dire. The

need to focus on issues posed by the COVID-19 environment

impacts operational concepts such as sheltering plans, commodity

distribution, and establishment of disaster facilities.

With many FEMA personnel working remotely, municipal

leaders should be prepared to conduct disaster work virtually,

including using available media to ensure survivors

are aware of and understand the changes to the application

process, holding virtual townhalls throughout response and

recovery, and conducting virtual coordination meetings

with volunteer organizations and the private sector.

If the communications lifeline is impacted by follow-on

disaster events, stabilization will be even more essential

to support remote work. When additional resources—personnel,

commodities, contract support, mutual aid—are

needed to support

changes within the

COVID-19 environment,

municipal

leaders and emergency

managers are required

to assess, find

solutions, and act.

As we continue

to move through

hurricane season, we

will be called on to

lead, innovate, and be

resourceful to address

challenges and adapt

disaster operations

to meet the needs

of survivors in a very

complex and dangerous

environment.

“For the first time in the history

of Ruston, Category One Hurricane

Laura came into our town.

The city sustained major damage

to our power grid losing

95% of power. Our Wastewater

Treatment Plant and water wells

were carried by backup generators

which eliminated any issues.

As we sit here a week later,

the city has restored the 95%

of power lost as well as our city

fiber which was also down. The

City of Ruston continues to show

its tenacity and resilience in the

face of adversity. This community

has proven time and time

again we are Ruston Strong!”

- Mayor Ronny Walker, Ruston

PRESORT

STANDARD

U.S. POSTAGE

PAID

BATON ROUGE, LA

PERMIT #319

Page 24

LMR | SEPTEMBER 2020

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