PROPOSED A G E N D A

 

REGULAR MEETING

THURSDAY, DECEMBER 19, 2002

5:30 P.M.

 

 

1.    Call to order by President Derbonne.

 

2.   Invocation.  (Mr. Breaux)

 

3.   Pledge of Allegiance.

 

4.   Roll Call.

5.    Hold a public hearing at 6:00 p.m., as a result of notice provided to the owner of properties described below, in accordance with Article II-Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, ordering said owners to show cause as to why the structures on said properties should not be condemned:

 

(5.1) 208 CRESCENT AVENUE, Moss Bluff area, Lot 2, Block 5, Edwin F. Gayle Subdivision, Ward 1S, Calcasieu Parish, Louisiana (one house and one accessory structure) Owner: Alex and Mary Mae Stevens, c/o Joseph Albert Steven, 137 Ernie Benoit Street, Lake Charles, LA 70615, TA#00030538 (Police Jury District 1);

 

(5.2) 2313 FOSTER ROAD, Westlake area, Lot 6, J. W. Foster Subdivision, Ward 4, Calcasieu Parish, Louisiana (one house and two accessory structures) Owner: Philip W. Quinn and Lisa G. Quinn, 1845 White Acres Drive, Sulphur, LA 70663, TA#00117706 (Police Jury District 14);

 

         (5.3) 1239 FRIESEN ROAD, South Lake Charles area, S/2 of following described property:  E ½ SW NE 29.11.8 less N 100 Ft, Ward 3, Calcasieu Parish, Louisiana (one manufactured home)   Owner: Joseph L. LaGrange, et ux, 1010 Wynnwood, Houston, TX  77008, TA#01324619 (Police Jury District 9);

 

(5.4) 2210 GREENBRIAR STREET, South Lake Charles area, Com 305 Ft E of NW Cor of Lot 26, Block 2, Greenlawn Subdivision TH S 140 Ft, TH E 100 Ft etc., Ward 3, Calcasieu Parish, Louisiana  (one house) Owner:  Michael Anthony Ellis, 2210 Greenbriar, Lake Charles, LA 70607, TA#00500801 (Police Jury District 9);

 

(5.5) 607 SOUTH PINE MEADOW, Moss Bluff area, Lot 41, Pine Meadows Subdivision, Ward 1, Calcasieu Parish, Louisiana (one manufactured home) Owner: Nathaniel Coty Ravia, 198 Reeves Road, Lake Charles, LA 70611, TA#00939722 (Police Jury District 1);

 

(5.6) 3919 THORNTON STREET, East Lake Charles area, Lot 6, Block 5, Airport Acres Subdivision, Ward 3 and Ward 3S, Calcasieu Parish, Louisiana (one house) 99 Percent Owner:  Clark Real Estate Enterprises, Inc., 8 River Road, Lake Charles, LA 70601, TA#01353370 and 1 Percent Owner: Martin and Helen Fontenot Duhon, c/o Welton Cormier, 20465 Bourque, Iowa, LA 70647, TA#00065293 (Police Jury District 2);

 

(5.7) LAKE BREEZE ROAD, Southwest Lake Charles area, S ½ of Lot 22 and Lot 23, Treasure Land Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Cheryl Fournerat Fruge, 1847 Fox Run #1, Lake Charles, LA 70605, TA#00099422 (Police Jury District 9); and

 

      (5.8) WEST TELEPHONE ROAD, Moss Bluff area, Com at NW Cor NE SE NW 5.9.8 TH S 663.6 Ft TH E 208.7 Ft etc., Ward 1, Calcasieu Parish, Louisiana (three duplexes- units 9 & 10, units 19 & 20 and units 21 & 22) Owner: Konicnatel Enterprises, Inc., P.O. Box 275, Lake Charles, LA 70602, TA#00007587 (Police Jury District 1).

 

6.               Presentation of 2002 Volunteer Firefighter Awards.

 

7.   Take appropriate action on applications for liquor and beer permits. (Mr. Vickers) 

 

8.   Consideration of approval of the minutes of the Regular Meeting of the Police Jury dated November 21, 2002.

 

9.   Consideration of amending the Calcasieu Parish Code of Ordinances with reference to signs on walls or facades as follows (Underlined sections indicate language that is being recommended for addition.): 

Sign: Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, insignia, or bulletin board of any government or government agency, or of any civic, charitable, religious, patriotic, fraternal, or similar organization.

Sign, Wall or Façade: A sign painted on, attached to, or erected parallel to the face of a building, structure or accessory structure and supported throughout its length by such building, structure or accessory structure. For the purpose of this section, a sign attached to the side of a parapet or attached to the side of a truck trailer used solely for the storage of inventory, supplies and/or other essentials to the operation of the business will be considered a wall or façade sign.

[The Planning and Zoning Board met on Tuesday, December 17, 2002, and voted unanimously to recommend that the Code of Ordinances be amended as stated above.]

 

10.     Take appropriate action to consider amending the Calcasieu Parish Code of Ordinances with reference to the filing of applications for a zoning amendment, rezoning, zoning variance, or exception as follows (strike through sections below indicate language that is being recommended for removal and underlined sections indicate language that is being recommended for addition):

 

(10.1) An applicant who files an application to petition for a zoning amendment or rezoning may withdraw the application to petition for zoning amendments or rezoning at any time up to its consideration by the police jury. one time within one year from the date of the submission of the application at any time up to seven days prior to public hearing conducted by the board. Any request to withdraw an application within the seven day period shall be placed on the current agenda for action by the board to approve or disapprove the withdrawal request. The board shall consider no further requests for withdrawal for a period of one year from the date of the submission of the application. However, if the application to petition is withdrawn after the public hearing has been held by the board, or if the police jury disapproves of the request contained in the petition, then no further petition for the same property will be considered by the police jury or the board for a period of one (1) year from the date of the public hearing.

(10.2) An applicant may withdraw his petition at any time up to the public hearing. who files an application to petition for a zoning variance or exception may withdraw the application one time within one year from the date of the submission of the application to petition at any time up to seven days prior to public hearing conducted by the board. Any request to withdraw an application within the seven day period shall be placed on the current agenda for action by the board to approve or disapprove the withdrawal request. The board shall consider no further requests for withdrawal for a period of one year from the date of the submission of the application. However, if a zoning petition is withdrawn by the applicant after the public hearing has been held, or if the board disapproves of the request contained in the petition, then no further petition for the same property will be considered by the board for a period of one (1) year from the date of the public hearing.

      [The Planning and Zoning Board met on Tuesday, November 19, 2002, and voted unanimously to recommend that the Calcasieu Parish Code of Ordinances be amended as stated above.  On November 21, 2002, the Police Jury deferred action for thirty (30) days.  See attached alternate proposal.]

 

11.   Consideration of adopting an ordinance rescinding Condemnation Ordinance No. 4420 that ordered the demolition and removal of one house, one accessory structure, one pool, and fence on property located at 1129 Manchester Road (Lot 17, East Town Estates Subdivision Part I) in Ward Eight due the fact that after the condemnation order was posted by the Division of Planning and Development, said office received notification that a mortgage company had a mortgage on the referenced property, and the company has taken the necessary action to secure the referenced structures.

 

AGENDA NOTE:  on October 10, 2002, the Police Jury adopted an ordinance condemning said property.

 

12.   Consideration of approving the recommendations of the Director of the Division of Planning and Development in reference to the Surplus Adjudicated Property Sale conducted on December 18, 2002, on the following cases, and adopt an ordinance with respect to each piece of property:

 

(12.1) AP03-014-02 (423 S. Bank Street)

 

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $4,000.00 by Mr. and Mrs. Paul Thomas be accepted.]

 

(12.2) AP04-012-02 (401 Dalton Street)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $5,000.00 by Mr. Ronnie Godeaux be accepted.]

 

13.   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:

 

(13.1) Proposal of the State of Louisiana, Department of Transportation and Development, to widen a 9.136 mile section of Route U. S. 171 to four lanes.  The average right-of-way for a typical rural section will be 167 feet.  The project will impact approximately 14.1 acres of wetlands.  Said project is located along Route U. S. 171 between Gillis and Ragley in Calcasieu and Beauregard Parishes.  The Planning Staff recommends that the Police Jury indicate no objection to this project application.

 

(13.2) Proposal of Maplewood Church of Christ for mechanized land clearing, filling, and grading to construct a church, associated buildings, playground, and parking areas.  The site has been partially cleared and leveled, and approximately 3,780 cubic yards of clay has been deposited for a road, then spread.  Additional dirt and concrete will be hauled in to achieve required elevations.  Two ditches will be excavated at the northern and southern boundaries of the property, and a 20” x 30’ culvert will be installed in the southern ditch at Jesse Drive.  The 9.04-acre tract is approximately 30 percent wet, thus the project will impact 2.71 acres of wetlands.  Said project is located on an unnumbered tract east of Prater Road in Sulphur.  The Planning Staff recommends that the Police Jury indicate no objection to this project application.

 

(13.3) Proposal of Michael Authement to install and maintain a private, residential home measuring approximately 2,700 square feet with appurtenant structures, and a 100 x 100 pond, and to fill a 1.36 acre mixed wetland area adjacent to the home consisting 30% wetland.  Said project is located in wetlands adjacent to Houston River on a 2.6 acre tract on and west of Joel Road near Sulphur.  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.

 

14.   Consideration of approving and adopting the Fiscal Year 2003 Annual Budget in accordance with the Local Government Budget Act as follows:

 

(14.1) adopt the Fiscal Year 2003 Budget in accordance with the public hearing held and as a result of the recommendations of the Budget Committee on Thursday, December 5, 2002; and

 

(14.2) amend the Fiscal Year 2002 Budget for those funds which deviate from estimated budgeted revenues and/or expenditures, in accordance with LSA¾R.S. 39:1310.  (see attached) 

 

15.   Consideration of adopting a resolution requesting that the U. S. Government formally declare that the remediation, clean-up, and restoration of Moss Lake and its related adjacent bodies of water, damaged and/or destroyed by maintenance dredging of the Calcasieu Ship Channel by the Army Corps of Engineers, as a priority and public necessity, and further, that copies of this resolution be forwarded to Senator John Breaux, Senator Mary Landrieu, and Congressman Chris John requesting their assistance in obtaining public financing for the costs of this project.

 

16. Consideration of approval of a Cooperative Endeavor Request between the Police Jury and the U. S. Marine Corps League “Toys for Tots” Program providing for income verification services and matching funds not to exceed $1,000, and further, authorize the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

         AGENDA NOTE:  the U. S. Marine Corps League has withdrawn their request, therefore, no action is required.

 

17.   Consideration of adopting a resolution approving amendments to the Solid Waste Management Manual that establish a non-exclusive franchise for residential solid waste collection and disposal in the unincorporated areas of Calcasieu Parish, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

18.   Consideration of adopting an ordinance establishing a non-exclusive franchise agreement with Waste Management of Louisiana, L.L.C., for a five (5) year term with an option to renew for an additional five (5) year period, for residential solid waste collection and disposal in the unincorporated areas of Calcasieu Parish, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

19.     Receive report from staff regarding possible amendments to the contract between the Police Jury and AFSCME Local No. 1377 with reference to the application of personal holidays for employees and a revised grievance procedure.

 

AGENDA NOTE:  for 2002, the Police Jury ratified an agreement between management and the union that instituted a revised grievance procedure and personal holiday system on a trial basis.  The trial period for both of these items ends on December 31st of this year. Management and union representatives have agreed that these new procedures are working well, but the union body as a whole has not yet voted on whether to make the changes permanent amendments to the bargaining unit contract.  Therefore, the staff recommendation is for the Police Jury to ratify amendments to the bargaining unit contract that would substitute personal holidays in place of the current birthday and incentive holiday system, and also to establish the revised grievance procedure, all subject to approval of the union no later than January 31, 2003, and to extend the trial period for these amendments until January 31, 2003.

 

20.   Consideration of granting a partial holiday for all parish employees beginning at 12:00 noon on Christmas Eve, Tuesday, December 24, 2002.

 

21.   Consideration of authorizing the President of the Police Jury to execute the necessary documents for expropriation of right-of-way from David Jessup, et ux on Nelson Road in Ward Three (Calcasieu Parish Project No. 1999-07), in accordance with criteria established by the Police Jury and the recommendation of the Parish Engineer.

 

22.   Consideration of authorizing the Parish Administrator to advertise for bids for Calcasieu Parish Project No. 2003-01.

 

23.   Consideration of authorizing the President of the Police Jury to execute the necessary documents for expropriation of right-of-way from Gwen Marie Crow Stewart, William E. Rhorer, Jr., and Elizabeth R. Bourgeois on Nelson Road in Ward Three, Calcasieu Parish Project No. 1999-07.

 

24.   Consideration of authorizing the disbursement in the amount of $4,000 for the second 2002 installment of Riverboat Recreation Endowment Funds to each of the following qualifying Community Center and Playground Districts and Recreation Districts in Calcasieu Parish: Recreation District No. One of Ward Four, Community Center and Playground District No. One of Ward Six, Community Center and Playground District No. Two of Ward Four, Community Center and Playground District No. Three of Ward Seven, Community Center and Playground District No. Four of Ward One, and Community Center and Playground District No. Seven of Ward Two.

 

25.     Take appropriate action on the expiration of the term of Mr. Alton White on the West Calcasieu Parish Community Center Authority Board.  (Mr. White represents the Police Jury.  Mrs. Treme and Mr. Clement are the liaisons.)

 

26.   Consideration of authorizing the Parish Administrator to advertise for the solicitation of proposals for development of the Mullers property.

 

27.   Consideration of adopting a resolution adopting LSA¾R.S. 39:1597, Sole Source Procurements and its accompanying regulations, as prescribed in LSA¾R.S. 39:1554E which provides for the procurement of supplies, services, major repairs, and construction by political subdivisions of this state all in accordance with the provisions of LSA¾R.S. 38:2181-38:2316.

 

28.     Take appropriate action on bids received by the Parish Purchasing Agent on December 18, 2002, for the sale of Lots 41 and 42 of Block 2 of Sherman Subdivision and part of the West Half of Block 3 of Samuel Mansfield Subdivision.  (see attached)

 

29.     Take appropriate action on bids received by the Parish Purchasing Agent on December 19, 2002, for mini-blinds and flooring for selected areas in the Parish Government Building.  (see attached)

 

30.   Take appropriate action on bids received by the Parish Purchasing Agent on December 19, 2002, for one 2003 three-quarter ton four-door extended cab pickup truck, for use by the Facility Management Department.  (see attached)