A G E N D A

REGULAR MEETING

THURSDAY, MAY 18, 2000

5:30 P.M.

1. Call to order by President Mackey.

2. Invocation by Reverend Steve James, Pastor of Trinity Baptist Church.

3. Pledge of Allegiance.

4. Roll Call.

5. The following has been advertised in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana for action to be taken at 6:00 p.m.: (see attached)

Hold a public hearing to allow the owners of properties described below to show cause as to why the structures on said properties should not be condemned:

2541 LeBlanc Avenue (Lot 28 of Seal Subdivision), Moss Bluff area of Ward One, Owner: Joseph Keith Nixon, P O Box 12382, Lake Charles, LA 70612-2382, dBase # 1626, TA # 01335788 (Police Jury District 14)

500 St. Mary Street (Lot 22, Block A, of Scimemi Subdivision), east Lake Charles area of Ward Three, Owner: David Wayne Ceasar, 1921 2nd Street, Lake Charles, LA 70601, dBase # 1648, TA # 00054461 (Police Jury District 2)

204 Predium Road (Lot 16 of Predium Subdivision), south Lake Charles area of Ward Three, Owner: Elliott Joseph Clark, 204 Predium Road, Lake Charles, LA 70607, dBase # 1629, TA # 00059676 (Police Jury District 9)

2162 Evergreen Road (Lot 3 of the partition of Lot 10 of the Braxton Subdivision in Southwest Quarter of Section 20, Township 9 South, Range 9 West), Westlake area in Ward Four, Owners: Edgar Lyons and Rosey Lyons White, 3995 Old Spanish Trail, Westlake, LA 70669, dBase # 1628, TA # 00157023 (Police Jury District 15)

Modular storage building located in 5500 block of James Clark Road Commencing 254.3 feet south of the Northeast Corner of the West Half of the Southeast Quarter of the Northwest Quarter of Section 29, Township 10 South, Range 10 West, then South 201.3 feet, West 208.7 feet, South 29.26 feet, West 123.23 feet, North 129.05 feet, easterly along high bank of drainage canal to point 20 feet west of the point of commencement, then East 20 feet to commencement), Carlyss area of Ward Four, Owner: John Lenwood Ouzts, 5214 La Paix Drive, Sulphur, LA 70665, dBase # 1256, TA # 01298941, (Police Jury District 12)

6. Presentation of the following plaques:

Lady Broncos 2000 State Champs

Sam Houston High School LHSAA Girls Softball Tournament Class 4A

LC-B Lady Cougars 1999-2000 State Championship Team

Lake Charles-Boston High School Girls Outdoor Track & Field Class 3A

LC-B Cougars 1999-2000 State Championship Team

Lake Charles-Boston High School Boys Outdoor Track & Field Class 3A

Barbe Bucs 2000 State Champs

Barbe High School Boys Baseball Class 5A

AGENDA NOTE: subsequent to the agenda being faxed on Friday, May 12, 2000, the Barbe Bucs Baseball Team won the state championship in Class 5A.

7. Appearance of Mr. Carl Chisholm, Director of the Southwest Louisiana Criminalistics Laboratory, for the presentation of their 2000-2001 budget, and further, request approval of the Police Jury of said budget.

8. Take appropriate action on applications for liquor and beer permits. (Mr. Vickers) (No action required due to the fact that no applications have been submitted.)

9. Consideration of approval of the minutes of the Regular Meeting of the Police Jury dated April 19, 2000.

10. Take appropriate action on RZ01-016-00, which is a request by Mildred Lee Oxendine to rezone from C-3 (Central Business Commercial) to R-1 (Single Family Residential) to allow residential development. (Theriot Road in Ward One, Police Jury District One) (see attached)

[The Planning and Zoning Board met on May 16, 2000, and voted unanimously to recommend that the request be granted.]

11. Take appropriate action on RZ03-017-00, which is a request by TLC Properties to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to allow an off-premise outdoor advertising sign. (I-10 in Ward Three, Police Jury District 2) (see attached)

[The Planning and Zoning Board met on May 16, 2000, and voted 9-1 to recommend that the request be denied.]

12. Take appropriate action on RZ03-020-88, which is a request by the Calcasieu Parish Planning and Zoning Board to consider reversion of the case of Bert Jewery Webb to revert from C-2 (General Commercial) to R-2 (Mixed Residential). (101 Carpenter Lane in Ward Three, Police Jury District 2) (see attached)

[The Planning and Zoning Board met on May 16, 2000 and voted 8-2 to recommend that the property remain zoned C-2 (General Commercial) and that three-month periodic checks be performed for compliance with the applicable ordinances.]
AGENDA NOTE: the Planning and Zoning Board met on April 11, 2000, and voted 8 (for) to 3 (against) to defer for thirty days. On April 19, 2000, the Police Jury deferred action for thirty days.

13. Take appropriate action on RZ07-010-00, which is a request by Michael E. Hines to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow a stock car racetrack. (3716 W. Highway 108 in Ward Seven, Police Jury District 12) (see attached)

[The Planning and Zoning Board met on May 16, 2000, and voted 6-4 to recommend that the request be denied.]
AGENDA NOTE: on August 17, 1999, the Planning and Zoning Board deferred action until April, 2000, and on August 19, 1999, the Police Jury deferred action until April, 2000.

14. Consideration of ST04-001-00, which is a study to examine the feasibility of rezoning parcels located off Niel Road in Ward Four. (Niel Road in Ward Four, Police Jury District 3) (see attached)

[The Planning and Zoning Board met on May 16, 2000, and voted unanimously to recommend that the property be reclassified R-1 (Single Family Residential.]
AGENDA NOTE: on February 17, 2000, the Police Jury authorized the Division of Planning and Development to prepare a staff recommendation for reclassifying some properties currently zoned R-2 (Mixed Residential) in Ward Four. The study area included parcels on Niel Road.

15. Consideration of ST01-002-00, which is a study to examine the feasibility of rezoning parcels located off of North Perkins Ferry Road in Ward One. (North Perkins Ferry Road in Ward One, Police Jury District 14)

[The Planning and Zoning Board met on May 16, 2000, and deferred action for thirty (30) days.]
AGENDA NOTE: on February 17, 2000, the Police Jury authorized the Division of Planning and Development to prepare a staff recommendation to reclassify some properties currently zoned R-1 (Single Family Residential), R-2 (Mixed Residential), C-1 (Light Commercial), R-M (Multi-Family Residential), R-MHP (Manufactured Home Park), and I-1 (Light Industrial). The study area included parcels along North Perkins Ferry Road, Spooner Lane, Joe Miller Road, Miller Street, and LeBlanc Road.

16. Consideration of adopting a resolution correcting the legal description contained in a resolution, previously adopted by the Police Jury on November 18, 1999, which provided for the abandonment of the east 244 feet of Eastwood Drive in Ward Three.

17. Consideration of adopting an ordinance for the full administration and ownership of property, formerly owned by Rogers Enterprises of Southwest Louisiana, Inc. located at 5350 East Broad in Lake Charles, to be divested from the Calcasieu Parish Sheriff's Office through the Tax Collector, Osey McGee, to the Calcasieu Parish Police Jury in accordance with LSA¾ R.S. 47:2251 and 2258.

18. Consideration of adopting a resolution indicating objection/no objection to the following proposed projects in Calcasieu Parish, Louisiana, provided said work meets with the rules and regulations of the Corps of Engineers and approvals are received from all appropriate state and federal agencies, and further, that any required permits are obtained from the Division of Planning and Development:

Proposal of Edwin N. Touchstone to clear and fill for the development of a truck stop. Approximately 11,000 cubic yards of fill material will be hauled in and used to raise elevations by a maximum of three feet. Six-inch thick concrete pads will be constructed for a store building (approximately 3,000 square feet) and for two pump islands. Pipes will be installed from the underground fuel storage tanks to each of the fuel pumps. Three culverts, the sizes of which are to be determined, will be installed at the entrances to the proposed truck stop. A total of approximately 2.0 acres of wetlands will be impacted through project implementation. The applicant may be required to fully or partially restore the project site to pre-project conditions, if issuance of a permit is determined to be contrary to the overall public interest. Said project is located at the junction of U. S. Highway 171 and North Perkins Ferry Road, Section 6, Township 8 South, Range 8 West, northwest of Gillis, Louisiana.

AGENDA NOTE: at the time the agenda was faxed on Friday, May 12, 2000, the Division of Planning and Development had indicated that a resolution expressing "no objection" to this project was in order. However, subsequent to the agenda being faxed out, additional information obtained by the Division of Planning and Development and the Division of Engineering and Public Works has caused the Planning Staff to recommend that a resolution be adopted indicating an objection to this project for the following reasons: (1) the site is not properly zoned to accommodate the proposed use; and (2) concerns about the impact the project would have on drainage in the area.

Proposal of Arnold Natali to clear, grade, excavate, fill, install, and maintain utilities to develop a residential subdivision. Approximately 143,167 cubic yards of on-site material and 23,000 cubic yards to construct a 57-home subdivision. Preliminary wetland delineation indicated that approximately 99 acres of the 185-acre development is wetland. Said project is located in Section 22, Township 9 South, Range 7 West, in Iowa, Louisiana. The Planning Staff recommends that the Police Jury indicate no objection to this project application.

Proposal of McManus Construction, Inc. to fill an area with construction debris for disposal purposes. The area to be filled will function as a Type III Solid Waste Disposal Facility. The proposed project consists of the deposition of concrete, wood waste, and soils and other construction debris in an area approximately 1,800 feet long by 1,057 feet wide. Said project is located in Section 29, Township 9 South, Range 9 West, in Lake Charles, Louisiana. The Planning Staff recommends that the Police Jury indicate no objection to this project application.

Proposal of Panaco, Inc. to excavate and place fill to construct and maintain two ring levees, access road, and appurtenant structures to serve Wasson et al Well No. 1 and Williams Well No. 1. Approximately 1,700 cubic yards of native material will be excavated for the ring levees and 740 cubic yards of rock will be hauled in for the access road. Said project is located in Sections 3 and 4, Township 7 South, Range 11 West, approximately 3.9 miles northwesterly of DeQuincy, Louisiana. The Planning Staff recommends that the Police Jury indicate no objection to this project application.

Proposal of First United Pentecostal Church to clear and grade a 12.2 acre area and deposit approximately 3,225 cubic yards of earthen fill material for the construction of a church and appurtenant structures. Said project is located adjacent to Interstate 210 and U. S. Highway 90, in Section 34, Township 9 South, Range 8 West, in Lake Charles, Louisiana. The Planning Staff recommends that the Police Jury indicate no objection to this project application.

AGENDA NOTE: any resolution of no objection to any project, if adopted, will stipulate that such "no objection" is based solely on evaluation by the Parish Planning and Development Staff relative to the project’s compliance with current parish ordinances and provisions, and that no environmental assessment was made, and further, requesting the agencies and/or individuals with environmental expertise to make an evaluation and forward their findings to the U. S. Corps of Engineers.

19. Consideration of adopting a resolution supporting an application for an enterprise zone endorsement by Calcasieu Power, L.L.C. for Phase II of their power generation facility located in Census Tract 32, Block Group 9. (see attached)

20. Consideration of authorizing the President of Police Jury to execute a Contract to Provide Services/Hold Harmless Agreement with Edith Jo Kingrey to provide parkkeeper services at Alligator Park.

21. Consideration of authorizing the President of the Police Jury to execute the necessary documents for the donation of right-of-way from the Calcasieu Parish Law Enforcement District to the Police Jury for property located between the Parish’s East Maintenance Facility and the Calcasieu Correctional Center, and adjacent to property acquired as a result of Item No. 17 above, in accordance with criteria established by the Police Jury and recommendation of the Parish Engineer.

22. Consideration of authorizing the President of the Police Jury to execute an Assignment of Rights-of-Way between the Police Jury and the City of Lake Charles wherein the Police Jury is assigning rights-of-way granted to the Parish of Calcasieu on Shell Beach Drive, between Lake Street and Marine Street, to the City of Lake Charles.

23. Receive report from staff on the status of the litter enforcement partnership with the Constables, Justices of the Peace, and the District Attorney’s Office. (see attached)

24. Consideration of approving an agreement between the Police Jury and Family and Youth Counseling Agency for their services related to the Employee Assistance Program (EAP), and further, authorizing the President of the Police Jury to execute all documents related thereto.

25. Consideration of adopting a resolution approving the renewal of a lease between the Police Jury and The North American Land Company, Inc. for the lease of property for the Bell City Branch Library.

26. Consideration of adopting a resolution authorizing a special bond and tax election in Ward Four Fire Protection District No. Three on Saturday, July 15, 2000, for (1) the authority for Ward Four Fire Protection District No. Three to issue not exceeding $1,000,000 of up to 10-year public improvement bonds for acquiring buildings, machinery, fire trucks, and other firefighting equipment within and for the district, and (2) the authority for Ward Four Fire Protection District No. Three to levy and collect a 10-year maintenance tax not exceeding five mills for the purpose of maintaining and operating the District’s fire protection facilities.

27. Consideration of adopting a resolution authorizing the submittal of an application for rural development funding in the amount of $25,000, on behalf of Ward Four Fire Protection District No. Four (Houston River), to purchase brush gear and breathing apparatus.

28. Consideration of adopting a resolution authorizing the submittal of an application for rural development funding in the amount of $25,000, on behalf of Ward Eight Fire Protection District No. Two (LeBleu Settlement), to assist in the purchase and equipping of a service vehicle.

29. Consideration of adopting a resolution authorizing the advertisement for bids for an oil, gas, and mineral lease in the Northwest Quarter of the Southwest Quarter of Section 2, Township 11 South, Range 9 West, situated in a portion of Country Pines North Subdivision Parts VI, VII, VIII, and IX.

30. Consideration of the following proclamations:

the week of May 22-26, 2000, as "Lady Broncos" week in Calcasieu Parish; and

the week of May 21-27, 2000, as "National Dog Bite Prevention" week in Calcasieu Parish.

31. Take appropriate action on bids received by the Police Jury on May 4, 2000, for Calcasieu Parish Project No. 2000-08 (Widening of the Boat Launch and Construction of Bulkhead and Boat Wharf at Intracoastal Park).

AGENDA NOTE: the Police Jury deferred action until May 18, 2000. The Parish Engineer recommends that the low bid in the amount of $106,749.00 of F. Miller & Sons, Inc. be accepted.

32. Take appropriate action on bids received by the Parish Purchasing Agent on May 18, 2000, for the purchase of one fifteen-passenger van, for use by the Office of Juvenile Justice Services. (see attached)

33. Consideration of authorizing the Parish Administrator to advertise for bids for the construction of a pavilion at White Oak Park, in accordance with the FY2000 Budget.

34. Consideration of going into executive session to discuss Lawsuit No. 98-6156 (Carlberg vs. Police Jury), Lawsuit 99-4418 (London vs. Police Jury), and Lawsuit No. 97-523 (Ewing vs. Police Jury).

EMERGENCY ITEMS

REGULAR MEETING – MAY 18, 2000

No emergency items were received after the agenda was faxed on May 12, 2000, however, please note the following:

Item No. One (Mr. Smart):

Consideration of adopting a resolution approving a Joint Services Agreement between the Police Jury and KCS Railroad whereby the Police Jury will purchase two 54-foot prefabricated panels at a cost of $19,980.00 to replace the railroad crossing on Starks/Big Woods Road (DOT #329-353B).

Item No. Two (Mr. McMurry):

Consideration of ratifying and approving an agreement between the Calcasieu Parish Police Jury, Mosquito Control Department, and Mosquito BEL-Air, LLC, for their services related to the aerial application of chemicals for the control of mosquitoes.

Item No. Three (Mr. Andrepont):

Consideration of adopting a resolution encouraging the Calcasieu Legislative Delegation to oppose the Business Activity Tax, as currently being prepared by Governor Foster, and further, that copies of this resolution be forwarded to members of the Calcasieu Legislative Delegation.