A G E N D A

 

REGULAR MEETING

THURSDAY, SEPTEMBER 23, 2004

5:30 P.M

 

 

 

 


1.        Call to order by President Clement.

 

2.   Invocation.  (Dr. Mackey)

 

3.   Pledge of Allegiance.

 

4.   Roll Call.

5.    Swearing in ceremony and administering of oath of office to Kevin Guidry, the newly-elected member of the Police Jury, representing Police Jury District No. Nine by Rick Bryant, District Attorney.

 

6.    The following has been advertised in accordance with the law for action to be taken at 5:30 p.m., and take appropriate action thereon:

 

      Receive and open bids for an oil, gas, and mineral lease on certain roads and/or streets in Henry C. LeBleu Subdivision, Henry C. LeBleu Subdivision Part 2, Scheufens Subdivision, and Scheufens Subdivision No. 2 in Sections 27 and 28, Township South, Range 7 West in Ward Eight.  (Police Jury District 4)

 

7.   In accordance with the election procedures, the following action must be taken at 5:30 p.m.:

 

      Adopt a proces verbal and resolution promulgating the results of the special election held on September 18, 2004, with reference to the authority to exempt certain drilling rigs from property taxes pursuant to Article VII, Section 21(J) of the Louisiana Constitution of 1974, as amended.

 

8.    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 August 31, 2004, and ended on September 15, 2004, in the Calcasieu Parish Tax Assessor’s Office.)

 

9.   Appearance of Dr. Charles Boustany, Jr., candidate for the U. S. Congress, 7th District.


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

 

11.     Consideration of approval of the minutes of the Regular Meeting of the Police Jury dated August 19, 2004.

 

12.     Take appropriate action on RZ03-029-04 which is a request by Primeaux Landz, LLC, to rezone from R-1 (Single Family Residential) to R-2 (Mixed Residential) to allow residential development.  (Carlo Henry Road in Ward Three, Police Jury District 10)  (see attached)

 

         [The Planning and Zoning Board met on Tuesday, September 21, 2004, and voted 7 (for) to 2 (against) to recommend that the request be granted.]

 

13.     Take appropriate action on RZ03-025-04 which is a request by Donald Cormier to rezone from R-M (Multi Family Residential) to R-2 (Mixed Residential) to allow three manufactured homes.  (3537 L. Benoit Road in Ward Three, Police Jury District 8)  (see attached)

 

         [The staff recommended that the request be denied.  The Planning and Zoning Board met on Tuesday, September 21, 2004, and voted unanimously to recommend that the request be granted with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the manufactured home must be skirted prior to utilities being connected; 3) that the proper permits must be obtained within 5 days of zoning approval; and 4) that no dwelling rentals be allowed.]

 

14.     Take appropriate action on RZ08-029-04 which is a request by Emilie Ann Mouton McCown and Edward Dale McCown to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow mini-warehouses.  (7150 McCown Road in Ward Eight, Police Jury District 4)  (see attached)

 

         [The staff recommended that the request be denied.  The Planning and Zoning Board met on Tuesday, September 21, 2004, and voted 5 (for) to 4 (against) to recommend that the request be granted with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that a 6’ security fence must be installed along front property line prior to issuance of occupational license; 3) that the use is limited to mini warehouses only; and 4) that the property automatically reverts to A-1 (Agricultural) should the business cease.]

 

15.     Take appropriate action on RZ06-028-04 which is a request by Johnny Jacobs to rezone from I-1 (Light Industrial), I-2 (Heavy Industrial), R-2 (Mixed Residential), and R-M (Multi Family Residential) to A-1 (Agricultural) to allow residential development (house).  (1225 Penton Road in Ward Six, Police Jury District 11)  (see attached)

 

         [The Planning and Zoning Board met on Tuesday, September 21, 2004, and voted unanimously to recommend that the request be granted.]

 

16.     Take appropriate action on a revision to RZ01-016-04 which is a request by Moss Bluff Storage, LLC, to revise the site plan.  (Sam Houston Jones Parkway in Ward One, Police Jury District 1)  (see attached)

 

         AGENDA NOTE:  on April 17, 2003, the property was rezoned R-MHP (Manufactured Home Park) to C-3 (Central Business Commercial) to allow mini storage and climate control storage buildings.

 

         [The Planning and Zoning Board met on Tuesday, September 21, 2004, and voted unanimously to recommend that the request be granted with the following stipulations: 1) that the development adhere to the revised site plan on file with the Division of Planning and Development; and 2) that the four buildings fronting Sam Houston Jones Parkway must have a front brick façade.]

 

17.     Take appropriate action on a request for an extension of RZ03-024-04 from Rayford P. Jeanis to allow a one-year extension to remove the manufactured homes, vehicles, and storage building, and to allow a 20’ x 30’ storage building to remain on site.  (Manuel  Road in Ward Three, Police Jury District 7)  (see attached)

 

         AGENDA NOTE:  on May 22, 2003, the Police Jury granted the zoning request with stipulations.  The petitioner has failed to comply with Stipulation 4) that all buildings and vehicles must be removed from the premises within one year of zoning approval.  The petitioner has requested additional time in which to comply.

 

         [The staff recommended that the request be denied.  The Planning and Zoning Board met on Tuesday, September 21, 2004, and voted 8 (for) to 1 (against) to recommend that the request be granted with the following stipulations: 1) that the two buildings, two manufactured homes, a flat bed trailer, and three vehicles must be removed from the premises within 30 days of zoning approval.]

 

18.     Take appropriate action on RA01-007-04 which is a request by residents of Green Leaf Subdivision for road abandonment of a portion of Verna Lane (approximately 70 feet in length).  (Portion of Verna Lane in Ward One, Police Jury District 2)

 

         [The Planning and Zoning Board met on Tuesday, September 21, 2004, and deferred action for thirty days.]

 

19.     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:

 

(19.1) Proposal of Henry LeFevre to clear an area, cut, and redistribute approximately 9,000 cubic yards of native earthen material, deposit 4,200 cubic yards of concrete and 1,000 cubic yards of soil cement, all to construct streets and driveways and install drainage and utilities as necessary to implement a 16.5 acre, 24-lot residential subdivision.  Said project is located central to a point approximately five miles northeasterly of Grand Lake.  The Planning Staff recommends that the Police Jury indicate no objection to this project application.

 

(19.2) Proposal of David B. Verret to construct a 100 foot long by 4 foot wide pier/walkway with a 10 foot wide by 24 foot long boat shed for private recreational use.  Said project is located in Lot 31, Section 12, Township 12 South, Range 10 West, off of Port Road, on the west side of Moss Lake.  The Planning Staff recommends that the Police Jury indicate no objection to this project application.

 

(19.3) Proposal of Trunkline LNG Company to dredge an area to provide adequate depths for marine vessel access.  The dredging operation will occur within an area approximately 1,670 feet long by 200 feet wide and consist of the removal of approximately 20,000 cubic yards of channel bottom material which will be placed in a non-wet area on the applicant’s property.  Said project is located in the turning basin of the Calcasieu River at Devil’s Elbow at a point about 3.2 miles from Moss Lake.  The Planning Staff recommends that the Police Jury indicate no objection to this project application.

 

(19.4) Proposal of Citgo Petroleum Corporation to dredge to remove approximately 1,000 cubic yards of accumulated river bottom sediments at the Citgo Refinery Dock “A” and approximately 1,300 cubic yards at Barge Slip “A” to assure navigation depths as necessary to support docking and mooring of barges and ships.  The dredging operation at Dock “A” would occur within an area approximately 658 feet long located parallel to the existing shoreline, the outer limits extending 20 feet channelward there from.  Dredging for Barge Slip “A” would occur within an area approximately 264 feet long and 45 feet wide situated between the existing shoreline and Dock “A.”  Excavated material would be deposited on non-wetland areas situated within Disposal Areas Nos. 5 & 6.  Said project is located along the right descending bank of the Calcasieu River approximately 29 miles north of the Gulf of Mexico near Lake Charles.  The Planning Staff recommends that the Police Jury indicate no objection to this project application.

 

(19.5) Proposal of Citgo Petroleum Corporation to dredge to remove approximately 3,200 cubic yards of accumulated river bottom sediments at the Citgo Refinery Dock “D” and approximately 600 cubic yards at Barge Slip “D” to assure navigation depths as necessary to support docking and mooring of barges and ships.  The dredging operation at Dock “D” would occur within an area approximately 935 feet long located parallel to the existing shoreline, the outer limits extending 50 feet channelward there from.  Dredging for Barge Slip “D” would occur within an area approximately 353 feet long and

25 feet wide situated between the existing shoreline and Dock “D.”  Excavated material would be deposited on non-wetland areas situated within Disposal Areas Nos. 5 & 6.  Said project is located along the right descending bank of the Calcasieu River approximately 29 miles north of the Gulf of Mexico near 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.

 

20.     Consideration of adopting an ordinance rescinding Condemnation Ordinance No. 4193, property more specifically described as:  204 Predium Road, Lot 16 of Predium Subdivision, south Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, due to said structure having been removed.

 

AGENDA NOTE:  this ordinance was filed under the name of Elliot Joseph Clark on June 8, 2000, File No. 2506017, Conveyance Book No. 2820, Page No.  736 and Mortgage Book No. 2239, Page No.148.

 

21.     Consideration of adopting an ordinance rescinding Condemnation Ordinance No. 4209, property more specifically, described as:  204 Predium Road, Lot 16 of Predium Subdivision, south Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, due to said structure having been removed.

 

          AGENDA NOTE:  this ordinance was filed under the name of Elliott Joseph Clark on July 26, 2000, File No. 2511708, Conveyance Book No. 2829, Page No. 098, Conveyance Book No. 2829, Page No. 099 and Mortgage Book No. 2251, Page No. 449, Mortgage Book No. 2251, Page No. 450.

 

22.     Consideration of authorizing the Director of Planning and Development to notify the following property owners in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to show cause at a public hearing on November 18, 2004, or the first regular Police Jury meeting thereafter, as to why the structures on the properties as stipulated should not be condemned:

 

(22.1) 299 BERGSTROM ROAD, Carlyss area, Com 396 Ft S and 1320 Ft W of NE Cor NE SW 22.10.10, TH S 264 Ft, E 165 Ft etc, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Theresa Tarver, 2113 Hwy 109 S, Vinton, LA 70668, TA# 00139041 (Police Jury District 12);

 

(22.2) 3412 BERTHA LANE, West Lake Charles area, Lot 12, Bertha Knight Subdivision, No. 1, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: 50 % owned by Ray & Aimee Gillard, 4211 W Jevon Lane, Lake Charles, LA 70605, and 50 % owned by Steven Paul Pesson, c/o Melanie Pesson, 1025 Kirby Street, Lake Charles, LA  70601, TA#’s 01359791 & 00080314 (Police Jury District 8);

 

(22.3) 1032 BIRDNEST ROAD, Moss Bluff/Topsy area, Com on S Line of SW SW 15.8.8 360 Ft W of SE Cor of said10 acre tract TH W along S line 300 FT to SW Cor of said tract TH N along W line of said tract 150 Ft etc., Ward 1, Calcasieu Parish, Louisiana (one house) Owner: Thomas O Morris, 1900 Mohawk Drive, Lake Charles, LA 70611, TA#  00938602 (Police Jury District 1);

 

(22.4) 4109 E BROAD STREET, East Lake Charles area, Lot 6, Block 2, Airport Acres Subdivision, No. 1, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner:  Curray Corporation, 1125 Enterprise Blvd, Lake Charles, LA 70601, TA# 00056618 (Police Jury District 2);

 

(22.5) DECKER STREET, East Lake Charles area, Lot 35, Block  4, Vista NE NW Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner:  Zacura Lakia Poullard, P O Box 19173, Lake Charles, LA 70616, TA# 01325389 (Police Jury District 2);                                                                         

 

(22.6) 225 DECKER STREET, East Lake Charles area, Lot 14, Block 3, Vista Subdivision, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner:  Sallie Webb, 225 Decker Street, Lake Charles, LA 70601, TA# 00819123 (Police Jury District 2);   

 

(22.7) 301 DECKER STREET, East Lake Charles area, Lot 12, Block 3, Vista NE NW Subdivision, Ward 3, Calcasieu Parish, Louisiana (one structure) Owner: Sallie Miller Webb, 225 Decker Street, Lake Charles, LA 70601, TA# 001223526 (Police Jury District 2);

 

(22.8) 301 DECKER STREET, East Lake Charles area, Lot 13, Block 3, Vista NE NW Subdivision, Ward 3, Calcasieu Parish, Louisiana (one structure) Owner: Sallie Miller Webb, 225 Decker Street, Lake Charles, LA 70601, TA# 01223526 (Police Jury District 2);        

 

(22.9) HIGHWAY 90 WEST, West Sulphur area, Com SW Cor Lot 3, Lyons Subdivision in SW 36.9.11 TH N 417.4 FT E 208.7 Ft etc., Ward 4, Calcasieu Parish, Louisiana (one structure) Owner: Curray Corporation, 1125 Enterprise Blvd, Lake Charles, LA 70601, TA# 00128341 (Police Jury District 13);        

 

(22.10) 3235 HIGHWAY 108, South Carlyss area, Com 660 Ft W of SE Cor SW SW 31.10.10 W 104.3 Ft, N 417.4 Ft etc., Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Ronnie Joseph Guidry, 623 Iris Street, Lake Charles, LA 70601, Bond for Deed Buyer:  Debra Lynn Kittner, P O Box 264, Hackberry, LA 70645 TA# 00141992 (Police Jury District 12);        

 

(22.11) 563 MALONE ROAD, South DeQuincy area, Com NW NE 17.7.10, W 330 Ft S 165 Ft etc., Ward 6, Calcasieu Parish, Louisiana (one manufactured home) Owner: Albert Jackson, c/o Robert Tupper,  563 Malone Road, DeQuincy, LA 70633, TA# 00224529 (Police Jury District 11);        

 

(22.12) 3133 MYRTLE SPRINGS ROAD, Westlake area, Lot 86, Block A, Gulfway Pines Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Hillery Joseph & Eva Langley, Sr., 1312 Green Road Street, Westlake, LA 70669, TA# 00151157 (Police Jury District 14);        

 

(22.13) 4102 SHERRY STREET, Carlyss area, Lot 56, Rosemont Subdivision, No. 5, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Jeffery Dane Smiser, et ux, 4102 Sherry Street, Sulphur, LA 70665, TA# 01333490 (Police Jury District 12); and

 

(22.14) 327 WILLETT LANE, Westlake area, Beg 832 Ft W and 550 Ft S of NE Cor NW NW 34.9.9 W 75 Ft N 134.5 Ft, etc., Ward 4, Calcasieu Parish, Louisiana (one house) Owner: Doc Lovett, c/o Doc R Lovett, 22 Sunnybrook Lane, Haughton, LA 71037, TA# 00156590 (Police Jury District 3).

 

23.     Consideration of adopting resolution(s) of support for applications by Woodland Glen Development Company L.P. and Patrick Place Development Company L.P. for tax credits through the Louisiana Housing Finance Agency for Phases 4 and 5 of Lake Caroline Estates.

 

24.     Consideration of adopting a resolution formally accepting plans and policies and appointing individuals for compliance with the requirements of the Louisiana Community Development Block Grant Program.

 

25.     Consideration of adopting a resolution approving the request of the Honorable H. Lynn Jones, II, Calcasieu Parish Clerk of Court, that the Clerk’s Office be permitted to retain any fund balance accrued during the last term of office, with said funds to be utilized by the Clerk for upgrading the quality of services of the office as well as to minimize necessary subsidies by the Parish for operation of the Clerk’s Office.

 

26.    Consideration of adopting a resolution granting approval of the application of Waterworks District No. Nine of Ward Four to issue, sell and deliver not to exceed $4,500,000 of waterworks revenue refunding bonds, to bear interest at a rate not to exceed 5%, payable in fully amortized installments of principal and interest from 2004 until 2021, for the purpose of refunding the outstanding maturities of a 1996 issue of bonds for said District.

 

27.    Receive report from the Pipeline Ad-Hoc Committee relative to the permitting process for pipelines traversing parish rights-of-way.

 

         AGENDA NOTE:  said committee was appointed by the President of the Police Jury on September 2, 2004, to study this matter and report back to the Police Jury.  President Clement appointed Chuck Kleckley, Chris Landry, and himself to this committee.

 

28.    Consideration of adopting a resolution approving the Parish’s participation in the Federal Off-System Bridge Rehabilitation and Replacement Program Agreement with Louisiana Department of Transportation and Development, which provides for the replacement of various off-system bridges in accordance with the Parish’s approved priority list, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

29.    Consideration of a request by Iberia Parish Government that the Calcasieu Parish Police Jury enter into an Intergovernmental Agreement with Iberia Parish Government for assistance on an interim basis with mosquito control services in the event that their current contract for mosquito control services is cancelled.

 

         AGENDA NOTE:  this request is for a period not to exceed six months which will be time for Iberia Parish to establish its own in-house program.

 

30.    Consideration of accepting Calcasieu Parish Project No. 2003-06 (Ward 1-Clyde Dulaney Drive; and Ward 8-Boys Village Road Bridge) as substantially complete.

 

31.    Consideration of accepting Calcasieu Parish Project No. 2004-02 (Ward 2-Crochet Road, East Todd Road, Fruge Road, Harris Road, Manchester Road, Mississippi Avenue; and Ward 3-Addison Loop, Block Street, Boisclair Drive, Burgundy Drive, Carpenter Road, Central Drive, Chenier Lane, Cod Lane, Collette Road, Deep Woods Drive, Delta Drive, Dolphin Drive, East Tank Farm Road, Eastern Drive, Goos Ferry Road, Mallard Junction Park, Meadowview Loop, Nelson Road, Ogdon Road, Prairie Street, Sailfish Drive, Sandra Drive, Smith Road, Speck Drive, Tarpon Drive, Tekel Road, Terrebonne Drive, Todd Jude Road, Torrence Lane, Turnberry Lane, Vermillion Drive, Village Lane, Vincent Road, Vincent Street and West Prien Lake Road) as substantially complete.

 

32.    Consideration of accepting Calcasieu Parish Project No. 2004-07 (Striping of Various Roads in Calcasieu Parish) as substantially complete.

 

33.    Take appropriate action on request for proposals received by the Parish Purchasing Agent on August 9, 2004, for a Housing Assistance Payment/Public Housing Authority Software Application, for use by the Housing Department.  (The Parish Purchasing Agent recommends that the proposal of Emphasys Computer Solutions be accepted, complete as per specifications.  See attached recommendation letter.) 

 

         AGENDA NOTE:  action on bids was deferred by the Police Jury on August 5, 2004, to September 2, 2004, and on September 2, 2004, to September 23, 2004.

 

34.     Take appropriate action on bids received by the Parish Purchasing Agent on September 16, 2004, for arena, catch pens with derigging/strip chute (materials only), for the Burton Memorial Coliseum.  (The Parish Purchasing Agent recommends that the bid in the amount of $43,439.26 of WW-Livestock Systems be accepted, complete as per specifications.  See attached recommendation letter.) 

 

35.     Consideration of authorizing the Parish Administrator to advertise for bids for Prien Lake Park Improvements, Phase I-A Parking and Drives.  (see attached)

 

36.     Consideration of ratifying the Local Government Proclamation of Pending State of Emergency signed by President Brent Clement on September 15, 2004, proclaiming a state of emergency to exist in Calcasieu Parish with reference to Hurricane Ivan.

 

37.     Consideration of issuing a proclamation designating October as “National Domestic Violence Awareness Month” in Calcasieu Parish.

 

 

The following items were received after the agenda was faxed out on September 17, 2004, and will require a two-thirds vote to suspend the rules for consideration by the Police Jury:

 

 

Item No. One (President Clement):

 

Consideration of adopting a resolution of condolences to the family of the late Wally Seegraves, former member of the Board of Commissioners of Waterworks District No. Nine of Ward Four.