A G E N D A

 

REGULAR MEETING

THURSDAY, OCTOBER 17, 2002

5:30 P.M.

Parish Courthouse – Courtroom A

 

 

 


1.    Call to order by President Derbonne.

 

2.   Invocation.  (Mr. Moon)

 

3.   Pledge of Allegiance.

 

4.   Roll Call.

5.       Presentation of the 2003 Trust Fund Awards from the Calcasieu Parish Road and Drainage Trust Fund Program:

 

·          City of DeQuincy                                           LA 12 HW Drainage                          $43,420

·          Gravity Drainage No. 4 of Ward 3                 Lateral-4/W-20                              $187,000

·          Gravity Drainage No. 5 of Ward 4                 Goss Ditch                                      $238,591

·          Gravity Drainage No. 8 of Ward 1                  SHHS Ditch                                     $69,195

·          Town of Iowa                                               Lateral 14-B                                     $83,610

·          City of Lake Charles                                      Ihles Road                                       $80,000

·          City of Sulphur                                              Maple Street                                  $200,000

·          Town of Vinton                                              Street Improvements                        $68,000

 

6.   Take appropriate action on applications for liquor and beer permits. (Mr. Vickers) (see attached)

 

7.   Consideration of approval of the minutes of the Regular Meeting of the Police Jury dated September 19, 2002.

 

8.    Take appropriate action on RA04-002-02 which is a request by Sasol North America, Inc. for abandonment of Blocks 2, 5, 11, and 12 of Bel Air Subdivision.  (Bel Air Subdivision, Rigmaiden Avenue in Ward Four, Police Jury District 14)  (see attached)

 

[The Planning and Zoning Board met on Tuesday, October 15, 2002, and voted unanimously to recommend that the request be granted, less and except the streets.]

 

9.    Take appropriate action on RA04-003-02 which is a request by Sasol North America, Inc. for abandonment of Mitchell Subdivision.  (Mitchell Subdivision, Mitchell Drive in Ward Four, Police Jury District 14)  (see attached)

 

         [The Planning and Zoning Board met on Tuesday, October 15, 2002, and voted unanimously to recommend that the request be granted, less and except Mitchell Drive.]

 

10.     Take appropriate action on RA04-004-02 which is a request by Sasol North America, Inc. for abandonment of Lot 2 of Heirs of Luke and Amanda Rigmaiden Subdivision.  (Heirs of Luke and Amanda Rigmaiden Subdivision, Old Spanish Trail in Ward Four, Police Jury District 14.)  (see attached)

 

[The Planning and Zoning Board met on Tuesday, October 15, 2002, and voted unanimously to recommend that the request be granted, less and except the streets.]

 

11.      Take appropriate action on RA04-005-02 which is a request by Sasol North America, Inc. for abandonment of Block One of E. F. Gayle Subdivision.  (E. F. Gayle Subdivision, Center Road in Ward Four, Police Jury District 14)  (see attached)

 

[The Planning and Zoning Board met on Tuesday, October 15, 2002, and voted unanimously to recommend that the request be granted, less and except the streets.]

 

12.     Take appropriate action on RZ04-042-02 which is a request by Joseph Gilbert to rescind Parish Ordinance No. 2435, less and except the area previously rezoned by Parish Ordinance No. 4234 adopted on October 20, 2000, to revert the previous zoning from C-2 (General Commercial) to A-1 (Agricultural).  (W. Burton Street in Ward Four, Police Jury District 13)  (see attached)

 

[The Planning and Zoning Board met on Tuesday, October 15, 2002, and voted unanimously to recommend that the request be granted.]

 

AGENDA NOTE:  on April 21, 1983, the Police Jury rezoned said property from A-1 (Agricultural) to C-2 (General Commercial) to allow a lounge.  The property was never developed, and the property owner wants to revert the property back to A-1 (Agricultural) for residential development.  A portion of the previously-zoned property has already been rezoned/reverted back to A-1 on October 20, 2000.

 

13.          Take appropriate action on RZ04-041-02 which is a request by Chemical Waste Management to rezone from A-1 (Agricultural) to I-3 (Hazardous Industrial)  (7170 John Brannon Road in Ward Four, Police Jury District 12) to:  (see attached)

 

a) relocate an already permitted (LDEQ) landfill disposal cell; and

 

b) to provide the necessary buffer in accordance with Calcasieu Parish Ordinance No. 3940, Section 26-21(m)(2) and to construct a clean water storage pond.

 

         [The Planning and Zoning Board met on Tuesday, October 15, 2002, and voted 9 (yes) to 1 (no) to recommend that the request be granted with the following stipulations:  1) that the development adhere to plans in the “Rezoning Application and Zoning Exception Requests for Chemical Waste Management Lake Charles Facility Landfill Capacity Relocation Project;” 2) that the development also adhere to the Development Agreement; 3) that prior to permitting, the Division of Planning and Development receives a letter of approval from Gravity Drainage District No. Five of Ward Four of Calcasieu Parish on the drainage plan; and 4) that Chemical Waste Management agrees to cooperate with the Department of Transportation and Development with regard to any future need to establish a left turn lane at the intersection of LA 108 West and John Brannon Road.]

 

14.     Consideration of adopting a resolution indicating objection/no objection to the following proposed project 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:

 

(14.1) Proposal of American International Refinery, Inc. to clear, excavate, grade and/or otherwise install and maintain fill to expand an existing tank farm facility at an existing refinery.  The proposed work activity will impact approximately 0.9 acres of jurisdictional wetlands which will include the excavation of approximately 3,700 cubic yards of native soil, which will be deposited along with approximately 6,600 cubic yards of hauled material at the project site.  Said project is located in Calcasieu Parish, off of Louisiana Highway 3059 in Section 12, Township 9 South, Range 8 West, at a location approximately 2.7 miles northeasterly from Lake Charles.  The Planning Staff recommends that the Police Jury indicate no objection to this project application.

 

(14.2) Proposal of Mr. Rick Treece for mechanized land clearing, filling, and grading of a 5.11-acre tract to construct a religious building, an educational building, and parking areas.  Approximately 6,000 cubic yards of earthen material and 2,400 cubic yards of concrete will be deposited.  In addition, 36-inch arched pipes will be installed at two locations (one an existing ditch), and will drain toward Nelson Road.  The completed project will impact approximately 2.4 acres of wetlands.  Said project is located on an unnumbered tract on the west side of Nelson Road, just south of  Plantation Drive in Lake Charles.  

 

The Planning Staff recommends that the Police Jury indicate an objection to this project application.  This site was reserved for stormwater retention for Deep Woods Subdivision to prevent downstream flooding.

 

         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.

 

15.     Consideration of adopting a resolution approving an agreement between the Police Jury and Woodland Lakes Housing, LP, related to providing the Police Jury with a performance bond for construction of infrastructure for Woodland Lake Subdivision, and further, authorize the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

16.     Take appropriate action on a request by the Carpenter’s Local Union No. 953 that the Parish consider adopting a policy requiring mandatory drug testing of all general contractor’s and subcontractor’s employees performing work on all Police Jury building construction projects.

 

AGENDA NOTE:  this item was deferred from the regular meeting on October 10, 2002.

 

17.     Consideration of adopting a resolution approving the assignment of overriding royalty interest in an oil, gas, and mineral lease between the Police Jury and Mayne & Mertz, Inc., dated October 3, 2000, in Curtis Wayne Richard Subdivision Parts I and II located in Section 5, Township 11 South, Range 8 West in Ward Three, from Mayne & Mertz, Inc. to Neumin Production Company, James L. Allen, Kayla A. Adams, Sharp Family Partnership, Ltd., C. Elaine Vinson, Margaret P. Martin, Michael C. Puzio, and Patricia Bigham.  (Police Jury District 9)

 

18.     Consideration of adopting a resolution approving the assignment of undivided interests in an oil, gas, and mineral lease between the Police Jury and Neumin Production Company (successor in interest from Mayne & Mertz, Inc.), dated October 3, 2000, in Curtis Wayne Richard Subdivision Parts I and II located in Section 5, Township 11 South, Range 8 West in Ward Three, from Neumin Production Company to Victoria Gas Corporation and Kenneth C. English.  (Police Jury District 9)

 

19.     Consideration of adopting a Resolution approving the submittal of a grant application for a maximum of $216,601.66 of Road Repair Roads from the Governor’s Office of Rural Development to upgrade unimproved roads in Ward One, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

20.     Consideration of approving the following recommendations of the Office of Community Services’ Executive Committee Board which met on October 7, 2002:

 

(20.1) approval to close the Calcasieu Parish Public Transit System on various days during the months of October-December, 2002, as necessary, to allow the OCS Administrative and Transit personnel sufficient office training and familiarization time with the system’s new computerized scheduling and dispatching system currently being installed. These dates reflect scheduled static training for key staff who will be operating the new computerized system which they will begin using on January 2, 2003.

 

(20.2) to recommend to the Police Jury to allow Ms. Mason to provide CPTS Drivers with a CPR and First Responders Course.

 

(20.3) approval of expansion of personnel positions to the following levels to accommodate the current system’s growth and management needs:  twelve (12) full-time drivers; one (1) full-time transit manager; one (1) full-time dispatcher/scheduler; one (1) part-time dispatcher /scheduler;  one (1) accounting tech; and one (1) program clerk.

 

21.     Consideration of authorizing the OCS Administering Board to develop and implement appropriate and reasonable rules and regulations for users of the Calcasieu Parish Public Transit System.

 

22.     Consideration of accepting the construction of a Training and Education Center for the Office of Juvenile Justice Services as substantially complete.

 

23.     Take appropriate action on bids received by the Police Jury on September 26, 2002, for the Construction of Phase One, Industrial Canal Boat Launch and Park, Henry Pugh Road, Lake Charles, Louisiana.

 

         AGENDA NOTE:  action on bids was deferred by the Police Jury on October 10, 2002, until October 17, 2002.  The staff and the Project Architect recommend that the low bid in the amount of $2,310,500 (Base Bid-$2,119,000, Alternate No. One-$191,000, and Alternate No. Two-$500.00) of F. Miller & Sons, Inc. be accepted.

 

24.     Take appropriate action on bids received on October 9, 2002, by the Parish Purchasing Agent for one 2003 spray truck for use by the Mosquito Control Department.  (see attached)

 

25.     Take appropriate action on request for proposals received on October 11, 2002, by the Parish Purchasing Agent for network wiring in the Parish Government Building.  (see attached)

 

26.     Consideration of authorizing the Parish Purchasing Agent to advertise for bids for the purchase and installation of factory remanufactured engines for the twin-engine airplane and for two GPS units for the airplane, for use by the Mosquito Control Department, and further, authorizing the Director of Mosquito Control to temporarily contract for aerial spraying services, if necessary, during the period that this airplane is undergoing repairs.

 

27.     Consideration of adopting a proclamation proclaiming the month of October, 2002, as “Domestic Violence Awareness Month” in Calcasieu Parish applauding the dedication of the many volunteers and professionals of the Calcasieu Women’s Shelter in their efforts to increase public understanding of this important problem.  (Mrs. Griffin)

 

28.     ADVISE that a letter has been received from Congressman John Cooksey thanking the Police Jury for a resolution sent by the Police Jury requesting the Louisiana Congressional Delegation’s assistance in restoring the farm bill to its previous levels wherein he advises that he has written to President George Bush requesting economic assistance for Louisiana rice farmers, and further, that he has co-sponsored legislation, soon to be introduced, which would authorize the Secretary of Agriculture to distribute funds in the form of a $2.42/cwt economic assistance payment.

 

29.     ADVISE that letters have been received from Senators John Breaux and Mary Landrieu thanking the Police Jury for contacting them regarding the Court of Appeals ruling regarding the Pledge of Allegiance wherein they advised that they joined the entire Senate in approving a congressional resolution expressing their support of the Pledge of Allegiance, and further, they advised that the United States Department of Justice has filed an appeal of the ruling that the use of the word “God” in the Pledge of Allegiance is unconstitutional because it violates the guaranteed separation of church and state, and the appeal requests a hearing of this case in the 9th Circuit Court of Appeals before the full 11-judge panel, instead of the 3-judge panel that issued the previous ruling.