A G E N D A

 

REGULAR MEETING

THURSDAY, OCTOBER 2, 2003

5:30 P.M.

 

 

 


1.    Call to order by President Kleckley.

 

2.   Invocation.  (Mr. McMillin)

 

3.   Pledge of Allegiance.

 

4.       Roll Call.

 

5.   The following has been advertised in accordance with the law for action to be taken at 6:00 p.m.:

 

         The Police Jury shall sit as a Board of Review to hear any protests on current tax assessments and take action accordingly.  (The review period began on September 2, 2003, and ended on September 19, 2003, in the Calcasieu Parish Tax Assessor’s Office.)

 

6.   Receive report from Toni Caraway, Director of the Calcasieu Council on Aging, relative to the expanded service provided through the Council’s Meals on Wheels Programs as a result of the Police Jury’s financial assistance.

 

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

 

8.    Consideration of approval of payment of all current invoices.

 

9.    Consideration of approving the minutes of the regular meeting of the Police Jury dated September 4, 2003.

 

10.     Consideration of approval of the Agenda Committee Report dated September 25, 2003.

 

11.            Consideration of approval of the Public Works Committee Report dated September 25, 2003. Said Committee:

 

(11.1)     Received presentation by Mr. Bob Schmidt with HNTB Engineering relative to progress towards a grade separation at Sampson Street in Westlake.  Mr. Schmidt advised that this project ($30-40 million) was part of a much larger project ($200-250 million) of which the key component would be the construction of a new bridge over the Calcasieu River and which would involve improvements to six miles of the interstate from I-210 on the west to Highway 90 on the east. Mr. Schmidt further advised that for financial reasons, the project would be done in stages but that the Sampson Street grade separation was priority number one in the project. He also advised that with “enhanced funding,” the project could start in four years and be finished in nine years. Mr. Schmidt outlined four alternatives which had been selected for the Sampson Street project and which would be carried through to the environmental assessment/public hearing process. He encouraged the jurors to keep the project in the forefront with area legislators and LA DOTD and over the next year, to explore creative alternatives for providing supplemental funding for the project. More information on the project can be found on the internet at www.i10lakecharles.org. Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Committee and thanked the jurors for making the Sampson Street grade separation a top transportation priority.

 

(11.2)       Recommended that existing ordinances be amended and/or ordinances be adopted with reference to the following:

 

·         establish 45 mph speed limit on Green Island Road in Ward Five. (Police Jury District 11)

 

(11.3)      Recommended that a Joint Services Agreement be approved between the Police Jury and the Calcasieu Parish District Attorney’s Office wherein the Division of Engineering and Public Works will cut, chip, and remove tree limbs at the Cadet Center located adjacent to the Office of Juvenile Justice Services, and further, authorized the President of the Police Jury, or his designee, when appropriate to execute all documents related thereto.  (Police Jury District 10)

 

        AGENDA NOTE:  the District Attorney’s Office will reimburse the Parish for labor and equipment at an estimated cost of $2,731.50.

 

(11.4)      Recommended that a Joint Services Agreement be approved between the Police Jury and Recreation District No. One of Ward Four wherein the Division of Engineering and Public Works will remove dirt from site of new recreational center and haul to a location designated by the Recreation District, and further, authorized the President of the Police Jury, or his designee, when appropriate to execute all documents related thereto.  (Police Jury Districts 3 and 14)

 

AGENDA NOTE:  the Recreation District will reimburse the Parish for labor and fuel at an estimated cost of $6,754.80.

 

(11.5)      Recommended approval of a Cooperative Agreement between the Police Jury and the Louisiana Department of Transportation and Development (DOTD) for the donation by DOTD of reclaimed asphalt pavement (RAP), and further, authorized the President of the Police Jury, or his designee, when appropriate to execute all documents related thereto.

 

(11.6)             Recommended that the President of the Police Jury be authorized to execute the necessary documentation for acquisition of right of way from Goldie Washington on Nelson Road in Ward Three (Calcasieu Parish Project No. 1999-07).

 

(11.7) Recommended that an engineering study be done to determine the feasibility of installing a three-way stop sign at the intersection of Victoria Drive and Crawford Drive in Moss Bluff.  (Police Jury District 1)

 

AGENDA NOTE:  subsequent to the Public Works Committee meeting, an alternative solution was found which does not require final action by the Police Jury; therefore, no action is necessary relative to this recommendation.

 

12.     Consideration of waiving the one-year requirement in the Parish Ordinance wherein “no further petition for the same property will be considered by the Police Jury or the Planning and Zoning Board for a period of one year from the date of the public hearing” to allow the acceptance of an application from Michael McVey for a rezoning from R-2 (Mixed Residential) to C-2 (General Commercial) for a drive-thru deli.  (4015 E. Broad Street in Ward Three, Police Jury District 2)

 

         AGENDA NOTE:  on January 16, 2003, the Police Jury denied a zoning request on this property which was a request by Bernice Gauthier to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to allow a lounge.

 

13.     Consideration of approving a technical amendment to Parish Ordinance No. 4606 related to a request by Clinton Charlie for a RV Park on Highway 1133 (RZ04-027-03) to amend stipulation 2) as follows: “that all roads must be hardsurfaced (asphalt or concrete) and provide a minimum width of 20 feet less and except the middle and north road which provides access to the cabins which shall be 12 feet and have one-way traffic.”  (Underline indicates addition to wording on stipulation.)

 

         AGENDA NOTE:  on August 21, 2003, the Police Jury approved the rezoning.

 

14.     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, Best Management Practices during the course of construction set forth by the Environmental Protection Agency guidelines, and approvals are received from all other appropriate state and federal agencies, and further, that any required permits are obtained from the Division of Planning and Development:

 

(14.1) Proposal of Wallace Nichols to clear, grub, grade, and place earthen and aggregate fill material as necessary to construct a 21-home subdivision.  Said project is located off of Dunn Ferry Road near Moss Bluff.  The Planning Staff recommends that the Police Jury indicate no objection to this project application.

 

(14.2) Proposal of Renee Liebendorfer to place approximately 548 cubic yards of hauled-in earthen fill to construct a single family home site.  Said project is located along the northern bank of Bayou Contraband in Lake Charles.  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.

 

15.     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 September 23, 2003, on the following cases, and adopt an ordinance with respect to each piece of property:

 

(15.1) AP03-107-03 (Albert Street-vacant lot) Police Jury District 4

                                      

[The Director of Planning and Development recommends that the highest offer in the amount of $100.00 by Foreman Reynaud Community Center be accepted.]

 

(15.2) AP03-109B-03 (Booker Street-vacant lot) Police Jury District 3

                                               

[The Director of Planning and Development recommends that the highest offer in the amount of $1,000.00 by Lawrence Davis Dugas be accepted.]

 

(15.3) AP03-111B-03 (2019 Mill Street-vacant lot) Police Jury District 4

  

[The Director of Planning and Development recommends that the highest offer in the amount of $2,300.00 by Que Phan be accepted.]

 

(15.4) AP03-118-03 (Simmons Street-vacant lot) Police Jury District 2

                                               

[The Director of Planning and Development recommends that the highest offer in the amount of $150.00 by Gregory D. Brooks, Sr. be accepted.]

 

(15.5) AP03-120-03 (312 Calcasieu Street-vacant lot) Police Jury District 2

                                               

[The Director of Planning and Development recommends that the highest offer in the amount of $400.00 by Marvin James Harmon, Sr. be accepted.]

 

(15.6) AP04-042-02 (Independence Road-vacant lot) Police Jury District 15

                                               

[The Director of Planning and Development recommends that the highest offer in the amount of $5,800.00 by Hermon Rayford Stevens, Jr. be accepted.]

 

(15.7) AP04-115-03 (Highway 27 and Highway 1133-vacant lot) Police Jury District 12

                                               

[The Director of Planning and Development recommends that the highest offer in the amount of $14,000.00 by Mary M. Ellender be accepted.]

 

(15.8) AP04-121-03 (Highway 27 South-vacant lot) Police Jury District 12

 

[The Director of Planning and Development recommends that the highest offer in the amount of $5,500.00 by Hermon Rayford Stevens, Jr. be accepted.]

 

         (15.9) AP07-119-03 (Horridge/Nicholls Street-vacant lot) Police Jury District 11

 

         [The Director of Planning and Development recommends that the highest offer in the amount of $3,500.00 by Donald Zeno be accepted.]

 

(15.10) AP08-110-03 (Ira Breaux Road-vacant lot) Police Jury District 2

 

         [The Director of Planning and Development recommends that the highest offer in the amount of $9,000.00 by Hermon Rayford Stevens, Jr. be accepted.]

 

16.    Consideration of adopting a resolution approving the submittal of applications for funding from the Louisiana Community Development Block Grant Program.

 

AGENDA NOTE:  on September 18, 2003, the Police Jury deferred action until October 2, 2003, to receive additional input from members of the Police Jury as to which projects should be submitted.

 

17.     Consideration of adopting a resolution approving a Cooperative Agreement between the Police Jury and the State of Louisiana, Department of Natural Resources, for the 2003-2004 "Parish Coastal Wetland Restoration Program" (Christmas Tree Recycling Project), and further, authorize the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

18.     Consideration of adopting a resolution approving a Cooperative Agreement between the Police Jury and the State of Louisiana, Department of Natural Resources, for the 2003-2004 Calcasieu Parish Local Coastal Program, and further, authorize the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

19.     Consideration of approving the following language to be added to the Police Jury’s front-end documents on all future Police Jury building construction projects, as submitted by the Police Jury’s Legal Counsel:

 

“By submittal of this bid proposal, contractor hereby certifies that it has in place and employs a pre-employment drug screen test for each employee of contractor and administers periodic random drug screen testing for each such employee and agrees that it will not enter into any subcontractor agreement, whether verbal or written, unless said subcontractor has in place and employs pre-employment drug screen testing and periodic random drug screen testing.  All such pre-employment drug screen testing and random testing shall meet or exceed the standards for drug screen testing as promulgated by the Associated General Contractors of Louisiana.”

 

20.     Consideration of approval of Grant Year 2004 Road and Drainage Trust Fund Grants, as per the recommendation of the Trust Fund Rating Committee.  (see attached)

 

21.     Consideration of approving the Budget Committee Report dated September 25, 2003.  (see attached)

 

22.     Consideration of requesting that the Police Jury’s Legal Counsel review the appropriate laws concerning the operation of motorized scooters in public rights-of-way.  (Ms. August)

 

23.     Consideration of directing the Engineering staff to commence the process for creation of a Sewerage District west of Picard Road near Sulphur.  (Mr. Andrepont)

 

24.     Take appropriate action on a vacancy on the Board of Commissioners of Waterworks District No. Seven of Wards Four and Six which was created by the resignation of Ms. Donna Koppie. (Consensus recommendation of the jurors representing Districts 11, 13, 14 and 15, with the liaison being responsible for seeing that a consensus has been reached.  The Agenda Committee recommended that action on this vacancy be deferred for thirty days.  Mrs. Treme is the liaison.)

 

         AGENDA NOTE:  the Police Jury deferred action on July 10, 2003, until July 31, 2003, on August 7, 2003, to August 28, 2003, and on September 4, 2003, until September 25, 2003.

 

25.     Take appropriate action on a vacancy on the Board of Commissioners of Ward Four Fire Protection District No. Four which was created by the resignation of A. J. Grevemberg.  (Consensus recommendation of the jurors representing Districts 11, 13, and 15, with the liaison being responsible for seeing that a consensus has been reached.  The Agenda Committee recommended that action on this vacancy be deferred for thirty days.  Mr. Andrepont is the liaison.)

 

26.     Take appropriate action on the expiration of the term of Tim Dougherty as a member of the Board of Commissioners of West Calcasieu Port, Harbor, and Terminal District.  (Mr. Dougherty represents the Central Trades and Labor Council, and they recommend that Mr. Dougherty be reappointed.  The Agenda Committee recommended that Mr. Dougherty be reappointed.  Mr. Andrepont and Mr. Clement are the liaisons.)

 

27.     Take appropriate action on the expiration of the term of Arvin Rivers as a member of the Board of Commissioners of Ward Four Fire Protection District No. Three.  (Mr. Rivers represents District 14.  The Agenda Committee recommended that action on this expiration be deferred for thirty days.  Mr. McMillin is the liaison.)

 

28.     Take appropriate action on the expiration of the term of Odies Jones as a member of the Board of Commissioners of Ward Four Fire Protection District No. Three.  (Mr. Jones represents District 15.  The Agenda Committee recommended that Mr. Jones be reappointed.  Mr. McMillin is the liaison.)

 

29.     Take appropriate action on the expiration of the term of Duane Chapman as a member of the Board of Commissioners of Ward Eight Fire Protection District No. Two.  (Mr. Chapman represents District 2.  The Agenda Committee recommended that action on this expiration be deferred for thirty days.  Mr. Breaux is the liaison.)

 

30.     Take appropriate action on the expiration of the term of John LeBleu as a member of the Board of Commissioners of Ward Eight Fire Protection District No. Two.  (Mr. LeBleu represents District 2.  The Agenda Committee recommended that action on this expiration be deferred for thirty days.  Mr. Breaux is the liaison.)

 

31.     Take appropriate action on the expiration of the term of John Denison, Jr. as a member of the Board of Commissioners of Ward Eight Fire Protection District No. Two.  (Mr. Denison represents District 2. The Agenda Committee recommended that Mr. Denison be reappointed.  Mr. Breaux is the liaison.)

 

32.     Take appropriate action on the expiration of the term of Lawrence Morrow as a member of the IMCAL Board of Directors.  (Mr. Morrow is a representative of the Police Jury. The Agenda Committee recommended that action on this expiration be deferred for thirty days.)

 

33.     Take appropriate action on the expiration of the term of Whit Baker as a member of the Calcasieu Parish Planning and Zoning Board.  (Mr. Baker represents Wards 5, 6, & 7.  The Agenda Committee recommended that Mr. Baker be reappointed.  Mr. Landry is the liaison.)

 

34.     Take appropriate action on the expiration of the term of Samuel L. Hebert as a member of the Calcasieu Parish Planning and Zoning Board.  (Mr. Hebert represents Ward 1.  The Agenda Committee recommended that Mr. Hebert be reappointed.  Mr. Landry is the liaison.)

 

35.     Take appropriate action on the expiration of the term of Mr. C. W. Lockhart as a member of the Board of the Vinton Harbor and Terminal District.  (Pursuant to LSA¾R.S. 34:334.2, the Police Jury must submit two names to the Board of Commissioners for their consideration.  The Agenda Committee recommended that this item remain on the agenda for a recommendation at the Regular Meeting on October 2nd.  Mr. Clement and Mrs. Treme are the liaisons.)

 

36.     Take appropriate action on bids received on September 17, 2003, by the Parish Purchasing Agent for bids for borrow material (west side), with unit prices effective October 1, 2003, until March 31, 2004.  (see attached)

 

37.     Take appropriate action on bids received on September 24, 2003, by the Parish Purchasing Agent for liquid asphalt, with unit prices effective from October 3, 2003, until May 31, 2004, and weed control chemicals, with unit prices effective from December 1, 2003, until May 31, 2004.  (see attached)

 

38.     Take appropriate action on bids received on September 24, 2003, by the Parish Purchasing Agent for one automatic rotating filing system, for use by the Registrar of Voter’s Office.  (see attached)

 

39.     Consideration of authorizing the Parish Purchasing Agent to advertise for bids for concrete catch basins, concrete pipe, plastic pipe, and metal pipe, with unit prices effective from January 1, 2004, until June 30, 2004, and mosquito control chemicals, gasoline and diesel, and propane, with unit prices effective from January 1, 2004, until December 31, 2004.

 

40.     Consideration of authorizing the Parish Purchasing Agent to advertise for bids for one midsize SUV, for use by the County Agent’s Office, five vehicle GPS tracking and insecticide flow control systems, for use by the Mosquito Control Department, one 2004 6 x 4 construction dump truck for use by the Division of Engineering and Public Works (Special Drainage), and one 2004 mid-sized SUV, for use by the Office of Homeland Security and Emergency Preparedness.

 

41.     Consideration of authorizing the Parish Purchasing Agent to purchase two 2003 New Holland tractors and two 2003 side mowers utilizing the State Contract Purchasing Procedures.

 

42.     ADVISE that in response to a resolution adopted by the Police Jury on August 7, 2003, with reference to the National Scenic Byways Program, a letter has been received from Senator Mary Landrieu stating that the House of Representative’s version of the FY2004 Transportation Appropriations Bill includes $26.5 million for this program and earmarks all of the funding for specific projects; however, the Senate’s version provides for $27.5 million for the program and does not include any earmarks which would allow the U. S. Department of Transportation to administer the funding through competitive grants.  Senator Landrieu further advised that the differences in the two versions of the bill must be negotiated in conference committee before going to the President for signature and that she would keep the Police Jury’s views in mind as this legislation moves forward.

 

43.     ADVISE that surplus adjudicated properties will be offered for sale by the Director of the Division of Planning and Development on October 28, 2003.  (see attached)

 

 

ADVISE THAT THE FOLLOWING TERMS

WILL EXPIRE IN NOVEMBER, 2003

 

·         Term of Belinda Hollingsworth as a member of the Board of Commissioners of Waterworks District No. Seven of Wards Four and Six.  (Consensus recommendation of the Jurors representing Districts 11, 13, 14, and 15, with the liaison being responsible for seeing that a consensus has been reached.  Mrs. Treme is the liaison.)

 

 

 

EMERGENCY ITEMS

REGULAR MEETING – OCTOBER 2, 2003

 

The following items were received after the Agenda Committee meeting on September 25, 2003, and will require a two-thirds vote to suspend the rules for consideration by the Police Jury:

 

Item No. One:

 

Consideration of the following with reference to the sale of the Mullers property:

 

(1.1)Consideration of authorizing the Parish Administrator to publish a proposed ordinance, in accordance with State Law, declaring said property described as follows:

 

Tract I – beginning at the Northeast corner of the intersection of Ryan and Division Streets; thence running North on the East side of Ryan Street a distance of 100 feet; thence go East a distance of 201.8 feet; thence South a distance of 100 feet; thence West a distance of 201.8 feet to the point of commencement;

 

Tract II – beginning at the Southwest corner of Mill and Bilbo Streets; thence go South on the West side of Bilbo Street a distance of 275 feet; thence go West a distance of 101.7 feet; thence go North a distance of 275 feet; thence East a distance of 101.7 feet to the point of commencement;

 

Tract III – that certain lot located in Block 14 of the Thomas Bilbo and Ann Lawrence Subdivision, described as commencing at the Northwest corner of the intersection of Division Street and Bilbo Streets; thence running West on the North side of Division Street 100 feet; thence North 125 feet; thence East to Bilbo Street, 100 feet; thence South on the West side of Bilbo Street, 125 feet to the point of commencement,

 

located at 625 Ryan Street as surplus property no longer needed for public purposes.

 

(1.2) Consideration of adopting a resolution ratifying and confirming the Purchase and Sale Agreement for redevelopment of the Mullers property with Muller Building Associates, L.P., an assignee and affiliate of FPL, LLC, dated June 5, 2003, and its authorization to sell the Mullers property for and in consideration of the (1) sum of One Hundred Thousand Dollars ($100,000.00) plus Six Thousand Three Hundred Seventy-Five Dollars ($6,375.00) for one-half of the cost of the temporary protective repair of a collapse of a portion of the roof of the building, and (2) the buyer’s obligation to comply with the terms of the proposal for the renovation of the building submitted by Roger K. Landry, et al, and authorizing the President to execute all documents related thereto.

 

(1.3) Consideration of adopting a resolution approving the extension of the closing date for the purchase and sale of the Mullers property to no later than ten (10) days after the deadline established for the surplus property declaration ordinance, and authorizing the President to execute all documents related thereto.

 

Item No. Two:

 

Consideration of going into executive session to discuss Lawsuit No. 2000-004367 (Arabie vs. Police Jury).