A G E N D A
REGULAR MEETING
THURSDAY,
NOVEMBER 4, 2004
5:30
P.M
1. Call to order by
President Clement.
2. Invocation. (Mr. Stelly)
3. Pledge of
Allegiance.
4. Roll
Call.
5. The following has been advertised in accordance
with the law for action to be taken at 5:30 p.m.:
Receive
and open bids for Additions and Renovations to LSU Ag Center Extension
Service, 7101 Gulf Highway 385, Lake Charles, and take appropriate action
thereon.
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 tracts,
parcels, or strips of land in Sections 30 and 31, Township 9 South, Range 6
West, and Section 25, Township 9 South, Range 7 West in Wards Two and
Eight. (Police Jury District 10)
7. Presentation of an award from the
Louisiana Chapter of the American Planning Association to the Calcasieu Parish
Police Jury recognizing the Nelson Road Overlay District as Smart Growth
in Louisiana: Principles, Practices, and Projects. (Mr. Kleckley)
8. Receive report from the Parish’s Legal Counsel with
reference to the Parish’s Noise Ordinance (Section 18-94 through 18-103, both
inclusive, of the Code of Ordinances of Calcasieu Parish, Louisiana).
AGENGA
NOTE: Mr. Mike Rushing appeared
before the Public Works Committee on September 30, 2004, with reference to this
matter.
9. Take appropriate action on applications for
liquor and beer permits. (Mr. Vickers) (see
attached)
10. Consideration
of approval of payment of all current invoices.
11. Consideration
of approving the minutes of the regular meeting of the Police Jury dated
October 7, 2004.
12. Consideration of approval of the Agenda
Committee Report dated October 28, 2004.
13.
Consideration of approval of the Public Works Committee
Report dated October 28, 2004. Said
Committee:
(13.1) Received and opened
the following bids, as advertised in accordance with law for action to be taken
at 5:30 p.m., for the construction of new restrooms at White Oak Park in
Calcasieu Parish, Louisiana:
Charles Miller
Construction Company, Inc. ………………………$96,698.00
Sam Istre Construction
…………………………………………… $91,500.00
Vaughan Brothers
Construction ………………………………….. $96,445.00
AGENDA NOTE: it was noted during opening of the bids that
no company submitted a bid on the alternate bid. Allen Wainwright, PW Operations Manager, recommends that the
low bid in the amount of $91,500.00 of Sam Istre Construction be accepted.
(13.2) Mr. Paul Rathgeber,
representing Union Pacific Railroad, appeared before the Committee at the
request of Chairman McMillin to give an update with reference to the Highway
108 Extension. Mr. Rathgeber advised that materials had been ordered for
improving the roadway across the railroad tracks, and after that construction
was finished, the signal system would be installed which would consist of
flashing LED lights and gates. He further advised that the worse case scenario
for completion would be one year, and the best case scenario would be four
months. On a related matter, Mr. Rathgeber advised that improvements to the
Packing House crossing, on which the Police Jury previously voted to pay 100%,
should be done in the first quarter of 2005 if not earlier (before Highway
108).
(13.3) Ms. Angie Quienalty, Registrar of Voters,
appeared before the Committee to provide an update on activities of the
Registrar’s Office and the upcoming election. Ms. Quienalty advised that based
on the high number of absentee ballots (4,000) and registered voters (125,000),
she anticipated a huge turnout for the presidential election on November 2,
2004. Ms. Quienalty also informed the jurors of provisional balloting which had
been implemented by the federal government since the last presidential election
because so many voters had been disenfranchised. She explained that under
provisional balloting, a voter could vote by paper ballot out of their precinct
but would only be allowed to vote on federal matters and that the Board of
Election Supervisors would determine if the vote was eligible to be counted in
the final tally. Ms. Quienalty cautioned the public about severe penalties
provided by law for anyone attempting to vote twice. She also advised that
military ballots were coming in, and efforts were being made by her office to
assist handicapped persons in voting.
(13.4) Received a presentation by the Division
of Engineering and Public Works regarding 2004 Capital Improvement and Safety
Projects, which included improvements in such areas as rights-of-way (clear
zones at intersections), intersection turning radiuses, work zone safety,
roadway safety, as well as service questionnaires for quality control (with
only a 3% “dissatisfied” rating), and safety ends on culverts. Capital
improvement projects included sidewalks on Park Street in Ward One, five-laning
of Nelson Road, Walker Road, Lorrain Bridge and Park improvements, Boys Village
Road Bridge, a gazebo, pavilion, tables, and tree benches at Holbrook Park,
recreational vehicle dump station and barbeque pavilions at White Oak Park,
boat launch and wharf at the Old Highway 90 boat launch site (a.k.a. Burned Out
Bridge), and Calcasieu Point Landing.
(13.5) Recommended that a resolution be adopted
accepting the plat for recording purposes only of Dunn Ferry Subdivision Part
Two located on South West Fork Road in Section 28, Township 8 South, Range 9
West, in Ward One (Police Jury District
1)
(13.6) Recommended that a resolution be adopted
accepting Waterside Subdivision located in Section 26, Township 10 South, Range
8 West, off of Highway 14 East, in Ward Three.
(Police Jury District 9)
(13.7) Recommended that a resolution be adopted
accepting Spring Crossing Subdivision Part One located in Section 31, Township
10 South, Range 8 West, off of Lake Street, in Ward Three. (Police Jury District 7)
(13.8) Recommended that existing ordinances be
amended and/or ordinances be adopted with reference to establishing “no thru
trucks” and a 10-ton weight limit on the following roads in Ward Four (Mr. Danahay):
·
Earth
Street, commencing 400 feet east of State Highway 27;
·
Mercury
Street, commencing 400 feet east of State Highway 27; and
·
Venus
Street, commencing 400 feet east of State Highway 27.
(13.9) Recommended
that the following amendments be made to the Code of Ordinances of Calcasieu
Parish, Louisiana, as recommended by the Animal Control Advisory Committee:
·
to require that an animal over the age of three
months shall be vaccinated against rabies.
AGENDA
NOTE: current parish
ordinance reads “four months.” The proposed amendment is in line with the City
of Lake Charles ordinance, as well as State regulations.
·
to provide that the name of the Calcasieu Parish
Animal Control and Protection Department be changed to Calcasieu Parish
Animal Services and Adoption Center in an effort to encourage a more
positive image of the department.
(13.10)
Recommended that Section
5-64 of the Code of Ordinances of Calcasieu Parish, Louisiana, be
amended to resolve a conflict in the Code by providing that an animal may be
impounded for five (5) days excluding weekends and holidays.
AGENDA NOTE: on February 4, 1999, the Police Jury adopted Ordinance No. 4068
amending two sections of the Code of Ordinances increasing the number of
days an animal my be impounded to five days.
In Section 5-64, the words “excluding weekends and holidays” were
removed and in Section 5-67, those words were left in, producing a conflict in
the Code. The Public Works
Committee, on October 28, 2004, recommended that the words “excluding weekends
and holidays” be reinstated in Section 5-64.
(13.11) Recommended
that the President of the Police Jury be authorized to execute the necessary
documents for donation of right-of-way (drainage easements) from Arrozal,
L.L.C. for the McNeese Street Extension in Ward Three.
(13.12) Recommended
that the staff be requested to draft a letter to the New Orleans Office of
the U.S. Corps of Engineers inquiring as to whether work performed under Permit
No. WU-20-020-0151 and Nationwide Permit Number 12 (NWP 12) issued to Mr. Boyd
Walker was done in compliance with the terms and conditions of said permits.
AGENDA
NOTE: approximately one thousand feet of culvert has been placed in an
existing natural drain on property located on the south side of Coffey Road in
Ward One.
(13.13)
Recommended
that the Parish Purchasing Agent be authorized to issue a request-for-proposals
for Fleet Management Software to be used by the Division of Engineering and
Public Works.
(13.14) Recommended that a resolution be adopted
designating November 7-13, 2004, as “Animal Shelter Appreciation Week” in
Calcasieu Parish.
(13.15) ADVISED
that sidewalks on Prater Road had been selected as a project to be included in
the 2004 Transportation Enhancement Program.
(Mr. McMillin)
(13.16) ADVISED that a letter had been received
from the Commissioner of Administration, Jerry Luke LeBlanc, authorizing
funding for the continuation of the Motorist Assistance Patrol Program (MAP).
14. Consideration of approval of the Budget Committee Report dated
November 4, 2004.
15. 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:
(15.1) Proposal of Heyd
Heirs to clear and grub a 30-foot wide right-of-way to allow operations as
necessary to install a 9,000 foot long by 3 foot wide, high density
polyethylene geo-membrane barrier wall to prevent the migration of oil field
contaminants found in the soil and groundwater. Said project is located within the Iowa Oil and Gas Field two
miles north of the Town of Iowa. The
Planning Staff recommends that the Police Jury indicate no objection to this
project application.
(15.2) Proposal of Dr.
Chad Richard to clear, grade, and grub a 2.6 acre area and deposit
approximately 4,100 cubic yards of on-site, graded and excavated earthen
material, along with 185 cubic yards of limestone aggregate, all to construct a
residential home site, barn, and pond.
Said project is located at 5000 Hickory Branch Road in Lake
Charles. The Planning Staff
recommends that the Police Jury indicate no objection to this project
application.
(15.3) Proposal of Shell
Pipeline Company LP to construct a 150-foot long by 3-foot wide walkway and to
place 576 cubic yards of clean riprap along the banks of the Vinton Drainage
Canal north of the Intracoastal Waterway.
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.
16. Take
appropriate action on ST03-001-04 (Brigas Acres) which is a
feasibility study to consider rezoning property from R-2 (Mixed Residential)
and R-M (Multi Family Residential) to R-1 (Single Family Residential) to
maintain single family residential character of Brigas Acres Subdivision Part
One, Two, and Three located on Bennie Lane, Perry Lane, and Nobie Lane in Ward
Three. (see attached)
AGENDA
NOTE:
on October 19, 2004, the Planning & Zoning Board deferred action
until a special meeting of the Planning and Zoning Board on November 1, 2004,
on this matter in order to give the staff time to verify the accuracy of the
opposition’s petition with final action by the Police Jury on November 4, 2004.
[The
Planning and Zoning Board met on Monday, November 1, 2004, and voted 6 (for) to
3 (against) to recommend as follows: 1) that all properties be reclassified to
R-1 (Single Family Residential) to maintain the single-family residential
character, except Lot 42 of Part 2, which was rezoned from R-2 (Mixed
Residential) to R-M (Multi-Family Residential) in 1996; and 2) that
manufactured homes may only be replaced if damaged or destroyed by any natural
disaster or non-arson fire.]
17.
Consideration of authorizing the
President of the Police Jury to appoint an ad-hoc study team to discuss the
feasibility of adopting local building codes.
(Mr. Stelly)
AGENDA
NOTE: at the Agenda Committee meeting on
Thursday, October 28, 2004, Mr. Kleckley asked that Mr. Howard Amy be
considered as a possible member of this study team and in the event he was not
chosen to serve, to advise him of all meetings of the Committee so he could be
involved in that manner.
18. 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 October 26, 2004, on the following cases, and adopt an ordinance with
respect to each piece of property:
(18.1)
AP03-174-04 (1701 N. Prater Street) (Police Jury District 2)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $28,000.00 by Jenny Caldwell be accepted.]
(18.2)
AP03-175-04 (519 Albert Street) (Police Jury District 4)
[No action
necessary; property was redeemed.]
(18.3) AP03-176-04
(1605 Goos Boulevard) (Police Jury District 2)
[No
action necessary; property was redeemed.]
(18.4)
AP03-177-04 (Brooks Street-vacant lot) (Police Jury District 3)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $4,000.00 by Ruthie M. Thomas be accepted.]
(18.5) AP03-178-04
(N. Prater Street-vacant lot) (Police Jury District 3)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $1,100.00 by Michael James Livings be accepted.]
(18.6)
AP03-179-04 (Brooks Street-vacant lot) (Police Jury District 3)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $4,500.00 by Ruthie M. Thomas be accepted.]
(18.7)
AP03-180-04 (Goldrich Road-vacant lot) (Police Jury District 14)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $6,000.00 by Glenn Hudson be accepted.]
19. Consideration
of adopting a resolution approving the submittal of a grant application in the
amount of $25,000.00, on behalf of Ward Five Fire Protection District No. One,
to the Governor's Office of Rural Development for the purchase of radio
equipment, and further, authorize the President of the Police Jury, or his
designee, when appropriate, to execute all documents related thereto.
20. Consideration
of adopting a resolution approving entering into a partnership with the City of
Lake Charles, the Airport Authority of Airport District No. One, and the
Calcasieu Parish Library Board of Control to honor Dr. Michael E. DeBakey
through various means throughout the community.
21. Consideration
of adopting a resolution authorizing the President of the Police Jury to
execute a quit claim deed to correct a prior tax sale deed dated June 27, 1995,
recorded in Conveyance Book 2485 at Page 540 on property described as “the
south 36 feet of Lot 6 of Block 3, East of Boulevard, Watkins Addition to the City
of Lake Charles, together with all improvements, component parts, attachments,
rights, privileges, advantages, servitudes, and accessories thereto,” wherein
the Parish of Calcasieu does hereby sell, quit claim, and deliver the property
unto Caldarera Properties, Inc.
22. Consideration
of adopting a resolution authorizing Waterworks District No. Eight of Wards
Three and Eight to proceed with an advance refunding of certain outstanding
bonds of the District involving the issuance of not to exceed $2,500,000 of
water revenue refunding bonds of said district, 2004 Series.
23. Consideration
of the following requests from the Office of Community Services, as a result of
a meeting of the OCS Board on October 25, 2004:
(23.1)
approve the appointment of Ms. Martha Malveaux to the Office of Community
Services Parishwide Senior Service Advisory Committee;
AGENDA
NOTE: Ms. Malveaux will be
representing the communities of Mossville, Westlake, and Sulphur. The OCS Board has one more appointment to
make before the composition of this board is complete. The last appointee will be for the community
of Iowa.
(23.2) approve the
appointment of Ms. Carol Ponthieux as a Representative of the Poor to the OCS
Board to represent the communities of Moss Bluff, LeBleu, and Iowa; and
AGENDA
NOTE: the term of service for this
appointee will be from January 1, 2005, to December 31, 2005.
(23.3)
approve the declaration of the fifth Public Rotational Seat on the OCS Board as
vacant and to authorize the OCS Board President to advise the City of DeQuincy
of their need to provide an appointee to this Rotating Seat on the OCS Board.
24. Consideration
of approving the following requests from the Office of Juvenile Justice
Services:
(24.1)
adopt a resolution approving the submittal of a grant application to the H.C.
Drew Estate in an amount up to $50,000 for the purchase of equipment and
materials to fund delinquency prevention programs and continue to establish an
integrated information-sharing network with juvenile justice-serving agencies,
which will improve the educational, vocational, and social outcomes for at-risk
youth and their families, and should residual funds become available, a grant
adjustment can be filed to increase grant award, and further, authorizing the
President of the Police Jury, or his designee, when appropriate, to execute all
documents related thereto;
(24.2)
adopt a resolution approving the renewal of a contract between the Calcasieu
Parish Police Jury, Office of Juvenile Justice Services, and the Educational
and Treatment Council, Inc. (ETC) for emergency shelter and treatment services
for juveniles and families, and further, authorizing the President of the
Police Jury, or his designee, when appropriate, to execute all documents
related thereto; and
(24.3)
adopt a resolution authorizing the Director of the Office of Juvenile Justice
Services to negotiate on the terms and conditions of a contract or
contracts between the Police Jury and the Board of Supervisors of Louisiana
State University and Agricultural and Mechanical College, on behalf of its
Louisiana State University Health Sciences Center, School of Medicine in New
Orleans, for services of a medical director at the Office of Juvenile Justice
Services, and further, authorizing the President of the Police Jury, or his
designee, when appropriate, to execute all documents related thereto.
25. Consideration
of approving a Contract to Provide Services/Hold Harmless Agreement between the
Police Jury and David and Paulette Murray for parkkeeper services at
Intracoastal Park, and further, authorize the President of the Police Jury, or
his designee, when appropriate, to execute all documents related thereto.
26.
Take appropriate action
on the expiration of the term
of Alvin Simmons as a member of the Board of Commissioners of Waterworks
District No. Two of Ward Four. (Mr.
Simmons represents District 14. Mr.
McMillin is the liaison. The Agenda Committee recommended that Mr. Simmons be
reappointed, as per Mr. McMillin’s recommendation.)
27.
Take
appropriate action on
the expiration of the term of Edwin Peterson as a member of the Board of
Commissioners of Waterworks District No. Seven of Wards Four and Six. (Mr. Peterson represents District 11. Mrs. Treme is the liaison. The Agenda
Committee recommended that Mr. Peterson be reappointed, as per Mrs. Treme’s
recommendation.)
28. Take
appropriate action on a vacancy on the Board of Commissioners of Community
Center and Playground District No. Five of Ward Five which was created by the
resignation of Mr. Jerry West. (Mr. West represents District 11. Mrs. Treme is
the liaison. The Agenda Committee
recommended that Mr. Jack Miller be appointed to fill this vacancy, as per Mrs.
Treme’s recommendation.)
29. Take
appropriate action on a vacancy on the Board of Commissioners of Community
Center and Playground District No. Five of Ward Five which was created by the
resignation of Mr. Johnny Berry. (Mr. Berry represents District 11. Mrs. Treme
is the liaison. The Agenda Committee
recommended that Mr. Donald Miller be appointed to fill this vacancy, as per
Mrs. Treme’s recommendation.)
30. Take
appropriate action on a vacancy on the Board of Commissioners of Community
Center and Playground District No. Five of Ward Five which was created by the
resignation of Mr. Randy Mott. (Mr. Mott represents District 11. Mrs. Treme is
the liaison. The Agenda Committee
recommended that Mr. James Holloway be appointed to fill this vacancy, as per
Mrs. Treme’s recommendation.)
31. Take
appropriate action on bids received by the Parish Purchasing Agent on
October 27, 2004, for concrete catch basins, concrete pipe, plastic pipe, metal
pipe, PVC adapters, concrete revetment mats, with unit prices effective from
January 1, 2005, until June 30, 2005, and mosquito control chemicals and
gasoline and diesel, with unit prices effective from January 1, 2005, until
December 31, 2005. (see attached)
32. Consideration of
authorizing the Parish Purchasing Agent to advertise for bids for one 2005
three-quarter ton extended cab (four doors) with fiberglass utility bed truck
and two 2005 one-half ton extended cab (four doors) trucks, for use by the
Facility Management Department.
33. ADVISE
that Jeannie E. Suire with the Division of Planning and Development has become
registered as an ASFMP Certified Floodplain Manager by the Association of State
Floodplain Managers, Inc. Certification Board of Regents.
34. ADVISE
that surplus adjudicated properties will be offered for sale by the Director of
the Division of Planning and Development on November 22, 2004. (see attached)
ADVISE THAT THE FOLLOWING TERMS
WILL EXPIRE IN
DECEMBER, 2004
·
Term of
Fran M. Sanchez as a member of the Board of Directors of Southwest Louisiana
Convention and Visitors Bureau, which expires on December 31, 2004. (Ms.
Sanchez represents the Police Jury upon nomination by the Festival
Industry. Mrs. Treme is the liaison.)
·
Term of Joe
Heacook as a member of the Board of Directors of Southwest Louisiana Convention
and Visitors Bureau, which expires on December 31, 2004. (Mr. Heacook
represents the Police Jury upon nomination by the Restaurant Industry. Mrs. Treme is the liaison.)
·
Term of
Jennifer Viccellio as a member of the Board of Directors of Southwest Louisiana
Convention and Visitors Bureau, which expires on December 31, 2004. (Ms.
Viccellio represents the Police Jury upon nomination by the Hotel, Motel and
Recreational Vehicle Park Industry. Mrs.
Treme is the liaison.)
·
Term of
Alton White as a member of the Board of Directors of West Calcasieu Parish
Community Center Authority, which expires on December 31, 2004. (Mrs. Treme and
Mr. Clement are the liaisons.)
·
Term of Elmer R. Conner as a member of the Board
of Commissioner of Calcasieu Greens, Inc., which expires on December 31, 2004.