A G E N D A

 

REGULAR MEETING

THURSDAY, DECEMBER 15, 2005

5:30 P.M.

 

 


1.        Call to order by President McMillin.

 

2.   Invocation.  (Mr. Landry)

 

3.   Pledge of Allegiance.

 

4.   Roll Call.

5.    SWEARING-IN of the newly-elected member of the Police Jury from Police Jury District Eight.

 

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

 

      (6.1) Receive and open bids for Shore Protection and Fishing Pier at Calcasieu Point Boat Launch, and take appropriate action thereon; and

    

(6.2) Receive and open bids for Calcasieu Parish Project No. 2005-06 (Installation of Side Drain Safety End Treatment on Various Roads in Calcasieu Parish), and take appropriate action thereon.

 

7.    Appearance of the Jesse D. Clifton Elementary School Choir.  (Mrs. Griffin)

 

8.    Presentation of a plaque to Ms. Laura Lanza, Regional Outreach Manager of the American Society for the Prevention of Cruelty to Animals (ASPCA) for the recent donation of $150,000 from their Disaster Relief Fund as well as the donation of an adoption van valued at approximately $115,000 to the Calcasieu Parish Department of Animal Services and Adoption Center as it relates to Calcasieu Parish’s recovery from Hurricane Katrina and Hurricane Rita.

 

9.    Receive report from a representative with the U. S. Army Corps of Engineers with reference to debris removal in Calcasieu Parish.

 

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 November 17, 2005.

 

12.    Take appropriate action on RZ03-045-05 which is a request by Joseph J. Miller to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (replacing a house with a manufactured home).  (3223 W. Lincoln Road in Ward Three, Police Jury District 8)  (see attached)

 

         [The Planning and Zoning Board met on Tuesday, December 13, 2005, and voted unanimously to recommend that the request be granted.]

 

13.    Take appropriate action on RZ08-044-05 which is a request by Rodney Duhon to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (manufactured home).  (Joe Spears Road and Clement Road in Ward Eight, Police Jury District 10, Mr. Stelly)  (see attached)

 

         [The Planning and Zoning Board met on Tuesday, December 13, 2005, and voted unanimously to recommend that the request be granted.]

 

14.    Take appropriate action on RZ07-043-05 which is a request by Guido Hanak to rezone from I-1 (Light Industrial), C-3 (Central Business Commercial), and A-1 (Agricultural) to C-2 (General Commercial) to allow an RV Park (255 units) with commercial development.  (Mott Road in Ward Seven, Police Jury District 12, Mr. Clement)

 

         [No action necessary; the request was withdrawn prior to the Planning and Zoning Board meeting.]

 

15.    Consideration of extending the Executive Order #2005-02 dated October 1, 2005, by President McMillin and subsequently ratified by the Police Jury on October 11, 2005, and extended by the Police Jury for an additional sixty days on October 20, 2005, to December 24, 2005, which established a policy prohibiting all individuals or companies who did not possess a current occupational license issued by a governmental entity within Calcasieu Parish from performing such services without first obtaining a Temporary Work Permit.

 

16.     Receive report from the Division of Planning and Development concerning flood maps and substantial damage to buildings in Calcasieu Parish.

 

17.     Receive report from the Division of Planning and Development regarding recently adopted State of Louisiana Building Code Requirements.

 

18.     Consideration of authorizing the Division of Planning and Development to conduct a feasibility study on the potential reclassification of properties along Clement Road in Ward Eight.  (Police Jury District 10, Mr. Stelly)

 

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 Randy Reid to clear, grub, and grade a 20-acre tract and place approximately 16,000 cubic yards of onsite graded earthen material and 4,500 cubic yards of hauled-in clay and limestone, as necessary, to construct housepads, driveways, and streets all as required to implement a 12-lot single family residential subdivision.  Said project is located on the northeast of the intersection of Ham Reid and Weaver Roads in Lake Charles.  The Planning Staff recommends that the Police Jury defer action until January 5, 2006.

 

(19.2) Proposal of Harry Shaheen to clear, grub, grade, and deposit approximately 3,872 cubic yards of onsite earthen material and deposit 1,845 cubic yards of limestone aggregate all to construct a truck stop, casino, and parking area.  Said project is located at the intersection of State Highway 378 and North Perkins Ferry Road in Moss Bluff.  The Planning Staff recommends that the Police Jury defer action until January 5, 2006.

 

(19.3) Proposal of Wallace Nichols to clear, grub, grade, excavate, and place 15,241 cubic yards of earthen and clay/limestone fill as necessary to construct driveways, house pads, and utilities all to create a new 47-lot single family residential subdivision and a 9.5 acre subdivision pond.  Said project is located off of North Perkins Ferry Road approximately 4.2 miles north of State Highway 378 in Moss Bluff.  The Planning Staff recommends that the Police Jury defer action until January 5, 2006.

 

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 approving the recommendations of the Director of the Division of Planning and Development in reference to the Surplus Adjudicated Property Sale conducted on December 13, 2005, on the following cases, and adopt an ordinance with respect to each piece of property:

 

         (20.1) AP03-254-05 (4th Street, vacant land) (Police Jury District 3, Mrs. Griffin)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,100.00 by Mr. Damon Jerome Marks be accepted.]   

 

(20.2) AP03-256-05 (Calcasieu Street, lot only) (Police Jury District 3, Mrs. Griffin)

 

         [No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.]          

 

(20.3) AP03-257-05 (Colletta Street, vacant land) (Police Jury District 4, Mr. Guillory)

 

         [No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.]          

 

(20.4) AP03-260-05 (Commercial Street, vacant land) (Police Jury District 3, Mrs. Griffin)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $4,300.00 by Mr. Damon Jerome Marks be accepted.]   

 

(20.5) AP03-261-05 (2420 Blackwell Street, vacant land) (Police Jury District 2, Mr. Collins)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $4,300.00 by Mr. David Stewart be accepted.]   

 

(20.6) AP03-264-05 (Ruth Street, vacant land) (Police Jury District 5, Dr. Mackey)

 

         [The Director of the Division of the Planning and Development recommends that action be deferred on this property until January’s adjudicated property meeting due to an incorrect appraisal.]

 

(20.7) AP03-265-05 (Adams Street, vacant land) (Police Jury District 2, Mr. Collins)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,200.00 by Mr. Charles Robert Wilkins be accepted.] 

 

(20.8) AP03-270-05 (N. Moss Street, vacant land) (Police Jury District 3, Mrs. Griffin)

 

         [No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.]          

 

(20.9) AP03-271-05 (N. Goss Street, vacant land) (Police Jury District 2, Mr. Collins)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,500.00 by Mr. Herman Rayford Stevens, Jr. be accepted.]  

 

(20.10) AP03-272-05 (Hagan Street, vacant land) (Police Jury District 2, Mr. Collins)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,800.00 by Mr. Charles Robert Wilkins be accepted.] 

 

(20.11) AP03-273-05 (Franklin Street, vacant land) (Police Jury District 3, Mrs. Griffin)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $350.00 by Mr. Charles Robert Wilkins be accepted.]

 

(20.12) AP03-275-05 (Hayes Street, vacant land) (Police Jury District 5, Dr. Mackey)

 

         [No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.]          

 

(20.13) AP03-276-05 (Katherine Street, vacant land) (Police Jury District 2, Mr. Collins)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,900.00 by Ms. Antionette Faye Colquitt be accepted.]

 

(20.14) AP03-277-05 (Boston Street, vacant land) (Police Jury District 3, Mrs. Griffin)

 

         [No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.]          

 

(20.15) AP03-278-05 (Reid Street, vacant land) (Police Jury District 3, Mrs. Griffin)

 

         [No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.]          

 

(20.16) AP03-279-05 (Boston Street, vacant land) (Police Jury District 3, Mrs. Griffin)

 

         [No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.]          

 

(20.17) AP03-280-05 (N. Grace Street, vacant land) (Police Jury District 12, Mr. Clement)

 

         [No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.]          

 

(20.18) AP03-281-05 (N. Prater Street, vacant land) (Police Jury District 3, Mrs. Griffin)

 

         [No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.]          

 

(20.19) AP03-282-05 (See Street, vacant land) (Police Jury District 2, Mr. Collins)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $500.00 by Ms. Sheila Harrison be accepted.]

 

(20.20) AP07-248-05 (West of Louisiana 109) (Police Jury District 12, Mr. Clement)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,000.00 by Mr. Ray Lee Gilbert be accepted.]

 

(20.21) AP08-268-05 (Hungerford Road, vacant land) (Police Jury District 10, Mr. Stelly)

 

         [The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,100.00 by Mr. Jerry Michael Batchelor be accepted.]

 

21.     Consideration of approving and adopting the Fiscal Year 2006 Annual Budget in accordance with the Local Government Budget Act as follows:

 

(21.1) approval of the Budget Committee Report dated Wednesday, December 14, 2005;

 

(21.1.1) Recommended that the proposed Parish budget for Fiscal Year 2006, as presented by the staff to the Budget Committee on December 1, 2005, be approved for adoption with the following changes, subject to the public hearing to be held at the Budget Committee meeting on December 15, 2005, as advertised in accordance with the Local Government Budget Act:

                                                                                                                                    New Budget

             Acct. No.                                 Acct. Name                                 Adjustment         Amount

 

Z2859 99990      Unreserved/Undesignated Fund Balance       <$100,000>       $9,166,436

R2851 49990       Transfer from Fund Balance                         +$100,000        $4,298,630

285365 58853     Grants to Municipalities                                 <$150,000>       $1,000,000

285365 58861     Special Services by Ward                             +$250,000       $1,000,000

 

AGENDA NOTE:  ff approved, as shown, the total Parish Budget for Fiscal Year 2006 will increase by $100,000 to $152,635,999.

 

(21.1.2) that the reduction of $150,000 to the four municipalities outlined in the above action be applied equally to each municipality (a reduction of $37,500 per municipality);

 

(21.1.3) Recommended amending the 2006 Capital Improvement Plan included in the budget presentation on December 1, 2005, as outlined on the attached exhibit which is made a part of this report;

 

(21.1.4) Recommended approval of a Cooperative Endeavor Agreement between the Police Jury and Gravity Drainage District No. Six of Wards Five and Six for a grant in the amount of $69,000, which will serve as a match to the 2006 Calcasieu Parish Road and Drainage Trust Fund Grant in the amount of $270,000 previously awarded by the Police Jury, as well as a match in the amount of $350,000 from State Capital Outlay Funding, for the High Hope Comprehensive Improvements Project, with said funding being allocated from the Ward Six Drainage Allocation of the Riverboat Fund, and further, recommended that the President of the Police Jury, or his designee, when appropriate, be authorized to execute all documents related thereto; and

 

(21.1.5) Recommended that upon adoption of the budget providing for the discontinuance of the Parish’s culvert installation program, the 35 homeowners who have paid deposits and received permits for such work be given the following options: (1) refund of the deposit paid, and the homeowner would hire a contractor, if necessary, to install the culvert(s); or (2) enter into a Cooperative Endeavor Agreement with the Police Jury whereby the homeowner would pay all costs, including labor and equipment, for the Parish to install the culvert.

 

(21.2) approval of the Budget Committee Report dated Thursday, December 15, 2005, and further, adopt the Fiscal Year 2006 Budget in accordance with the recommendations of said Committee and the public hearing held before said Committee at 5:00 p.m., Thursday, December 15, 2005; and

 

         (21.3) amend the Fiscal Year 2005 Budget for those funds which deviate from estimated budgeted revenues and/or expenditures, in accordance with LSA¾R.S. 39:1310.

 

22.    Consideration of approving a General Insurance Committee Report dated December 15, 2005.

 

23.    Consideration of adopting a resolution authorizing the payment of additional storm-related costs to Waste Management, Inc., as provided for in the contract between the Parish and the company, said costs being incurred during the response and recovery period for Hurricane Rita for special waste drop-off sites and cart replacements.

 

24.    Consideration of the following recommendations of the Office of Homeland Security and Emergency Preparedness:

 

(24.1) Consideration of adopting a Proclamation retroactively extending the Local Government Proclamation of Pending State of Emergency from November 24, 2005, through January 15, 2006, in order to coincide with the federal and state declarations of state of emergency;

 

         (24.2) Consideration of adopting a resolution authorizing a blanket right-of-entry (ROE) throughout Calcasieu Parish exclusively for the U. S.  Environmental Protection Agency to remove containers of hazardous materials from private and/or public lands therein; and

 

         (24.3) Consideration of adopting a resolution requesting approval from the Federal Emergency Management Agency (FEMA) for the parish to invoke the provisions of FEMA Recovery Division Policy #9523.13 relating to debris removal from private property at eligible locations within Calcasieu Parish.

 

25.    Consideration of adopting a resolution approving a Deed between the Police Jury and the Calcasieu Parish School Board with reference to the School Board purchasing Police Jury-owned property, formerly the Sulphur Branch Library, located adjacent to Sulphur High School, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

         AGENDA NOTE:  on October 5, 2000, the Police Jury adopted a resolution approving a Cooperative Endeavor Agreement between the Police Jury and the School Board providing for the School Board’s lease/purchase of said property.  The School Board had fulfilled their obligation under the Cooperative Endeavor Agreement and paid $41,000 to the Police Jury over the past five years.

 

26.    Consideration of adopting a resolution declaring a 1982 International/Jaco Foam Pumper Truck as surplus property no longer needed by the Police Jury, Office of Homeland Security and Emergency Preparedness, and approving a Cooperative Endeavor Agreement between the Police Jury and the Calcasieu Parish Sheriff’s Office authorizing the transfer of said property to the Sheriff’s Office for their public use, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

27.    Consideration of adopting a resolution declaring surveying equipment as surplus property no longer needed by the Police Jury, Division of Engineering and Public Works, and approving a Cooperative Endeavor Agreement between the Police Jury and the City of Lake Charles authorizing the transfer of said property to the City of Lake Charles for their public use, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

28.    Consideration of authorizing the Workforce Investment Board Director to work jointly with other public entities in this region to develop and submit a proposal for a Workforce Innovation in Regional Economic Development (WIRED) in the amount of $5,000,000 for expansion of employment and advancement opportunities for American workers.

 

29.    Consideration of adopting a resolution approving a continuation contract between the Police Jury and Solutions EAP for the time period of January 1, 2006, through June 30, 2007, and acknowledging that the Employee Assistance Consulting Service Agreement has merged and been assigned to the Safety Council of Southwest Louisiana, and that the EAP Consultant will act as the Substance Abuse Professional (SAP) for any required referral and mandatory reporting of employees for intensive outpatient substance abuse treatment, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

30.    Consideration of adopting a resolution authorizing the Director of the Office of Juvenile Justice Services to negotiate and finalize the terms and conditions of a contract(s) between the Police Jury and the Educational and Treatment Council, Inc. (ETC) for the provision of treatment and other relevant services for the Juvenile Drug Court Treatment Program, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

31.    Consideration of authorizing the execution of an agreement by the Parish Administrator for the renewal of a lease with a tenant and user of the Magnolia Building, in accordance with parameters established by the Police Jury Liaison Group for such purpose.

 

32.    Consideration of adopting an ordinance setting fees related to nuisance and/or false emergency alarms in Calcasieu Parish.

 

33.    Consideration of authorizing the disbursement in the amount of $2,000.00 for the second 2005 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 Three, 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, Community Center and Playground District No. Five of Ward Five, and Community Center and Playground District No. Seven of Ward Two.

 

34.    Consideration of authorizing the President of the Police Jury to execute the necessary documentation for acquisition of right-of-way from Kevin Lynn Marcantel on Red Davis Road in Ward Three.  (Police Jury District Nos. 7 and 10, Mr. Landry and Mr. Stelly)

 

35.    Take appropriate action on bids received by the Police Jury on November 17, 2005, for the Mossville Sewer Extension Project and the Mossville Sewer Pump Stations.

 

         AGENDA NOTE:  the staff recommends that action on bids be deferred until January 5, 2006.

 

36.    Take appropriate action on bids received by the Parish Purchasing Agent on November 10, 2005, for bulk oil, with unit prices effective from December 1, 2005, until May 31, 2006.  (see attached)

 

AGENDA NOTE:  action was deferred by the Police Jury on November 17, 2005, until December 1, 2005, and on December 1, 2005, until December 15, 2005, at the request of the Parish Purchasing Agent.

 

37.    Take appropriate action on bids received by the Parish Purchasing Agent on December 12, 2005, for a zoning variance software application, for use by the Division of Planning and Development.  (see attached)

 

38.    Take appropriate action on bids received by the Parish Purchasing Agent on December 13, 2005, for a new horizontal pressure filter and controls, for use by Waterworks District No. Five of Wards Three and Eight.  (see attached)

 

39.    Take appropriate action on bids received by the Parish Purchasing Agent on December 14, 2005, for one 2006 one-half ton crew cab four-door pickup truck, for use by the Facilities Management Department.  (see attached)