A G E N D A
REGULAR MEETING
THURSDAY,
OCTOBER 5, 2006
5:30
P.M.
1. Call to order by
President Danahay.
2. Invocation. (Mrs. Treme)
3. Pledge of
Allegiance.
4. Roll
Call.
5. Take
appropriate action on applications for liquor and beer permits. (Mr. Vickers) (see attached)
6. Consideration
of approval of payment of all current invoices.
7. Consideration of approving the minutes of the
Regular Meeting of the Police Jury dated September 7, 2006.
8. Consideration of approval of the Agenda
Committee Report dated September 28, 2006.
9.
Consideration
of approval of the Public Works Committee Report dated September 28, 2006. Said Committee:
(9.1)
Recommended that the recommendation of the Planning and Zoning Board be upheld
with reference to SV07-009-06 and that the request of Marscha Griffin and Jerry
Cezar be granted for a subdivision variance to allow residential development
without public road front footage.
(Secretariat Drive in Ward Seven, Police Jury District 12, Mr. Clement)
[The Planning and Zoning Board met on
Tuesday, September 19, 2006, and voted 9-1 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; and 2) that a
permit must be obtained within 5 days of zoning approval.]
(9.2)
Received report from the Division of Planning and Development staff on
condemnations, previously approved by the Police Jury, which were disqualified
by the Federal Emergency Management Agency (FEMA). The Committee recommended
that the Parish’s normal procedures for condemnation of buildings and
structures, (as outlined in Article II, Chapter 6 of the Code of
Ordinances of Calcasieu Parish), be followed with respect to the 18
structures disqualified by FEMA under the imminent danger provisions related to
clean-up after Hurricane Rita, and further, that if an owner of any of the 18
structures appealed to the Police Jury for leniency, those cases would be dealt
with on an individual basis. (Voting in favor of this recommendation were: Mr.
Andrepont, Mr. Brame, Mr. Clement, Mr. Collins, Mr. Guidry, Mr. Guillory, Mr.
Landry, Dr. Mackey, Mr. Moon, Mr. Stelly, and Mr. Danahay. Voting against the
recommendation were: Mr. Manuel, Mr. McMillin, and Mrs. Treme.)
(9.3)
Recommended that a resolution be adopted accepting Oak Leaf Forest Part Two
Subdivision located off of Oak Leaf Forest Drive in Section 20, Township 10
South, Range 10 West, in Ward Four.
(Police Jury District 12, Mr. Clement)
(9.4)
Recommended that a resolution be adopted accepting La Place Des Chenes
Subdivision located off of Ham Reid Road in Section 26, Township 10 South,
Range 9 West, in Ward Three with the stipulation that no fill or encroachment
is placed below the 16’ contour for lots 8, 9, 24 and 25, as recommended by the
Parish Planning and Zoning Board on May 17, 2005. (Police Jury District 8, Mr.
Brame)
(9.5) Recommended
that action be deferred for thirty days relative to adopting an ordinance
and/or amending existing ordinance(s) pertaining to the holding period for
vicious animals, as recommended by the Animal Control Advisory Board, as
follows: (Mr. Landry)
“those animals that have a
propensity to inflict bodily injury to other animals or humans, as deemed by
the director or his/her designated agent, be housed separately and alone for a
three (3) day holding period, excluding weekends and holidays.”
AGENDA NOTE: the current holding period for all animals
is five (5) days, excluding weekends and holidays.
(9.6)
Received status
report from staff with reference to the Highway 108 at-grade crossing and the
Packinghouse Road crossing signal and gate installation wherein Mr. Smart
advised that unbeknownst to the Parish staff, Union Pacific had issued the
right-of-entry to the contractor in mid-August, 2006 for the Highway 108
at-grade crossing. He further advised that R. E. Heidt Construction Company,
Inc. had scheduled the work to be done by their sub-contractor, McManus
Construction, for the week of October 23, 2006. Mr. Smart stated that after
that work was completed, Union Pacific would install the actual crossing, and
he recommended that the jurors contact the contractor to make sure the work was
done as expeditiously as possible. With regard to the Packinghouse Road
crossing signal and gate installation, Mr. Smart advised that Union Pacific
would reissue a cost estimate for approval by the Parish, following which the
work would commence at that location. The Committee recommended that Mr.
Smart’s report and recommendations be approved, and further, that if Union
Pacific did not proceed accordingly, that the Police Jury contact the Calcasieu
Congressional Delegation for assistance, as per the suggestion of Mr. John
Vaughn, former member of the Police Jury. (Police Jury Districts 14 and 15)
(9.7) Recommended
that an ordinance be adopted and/or existing ordinance(s) be amended with
reference to the following:
(9.7.1)
establish a speed limit of 30 mph on Joel Road, from Houston River Road to
deadend, in Ward Four (Police Jury District 11, Mrs. Treme); and
(9.7.2)
establish “no parking” on Grogan Street, from Opelousas Street to deadend, in
Ward Three (Police Jury District 2, Mr. Collins).
(9.8) Recommended that a
resolution be adopted accepting Aubrey Drive, located off of Robinson Road in
Section 33, Township 11 South, Range 7 West in Ward Two, for future Parish
maintenance. (Police Jury District 10,
Mr. Stelly)
AGENDA NOTE:
on July 6, 2006, the Police Jury granted a waiver to allow the property
owners to construct an aggregate road to Parish subdivision standards which
would be maintained by the Parish, with a covenant agreement stipulating that
the road would be hardsurfaced within ten years at the property owners’
expense, and if not fulfilled, then the road maintenance by the Parish would
cease.
(9.9) Recommended that a
resolution be adopted stipulating that the Parish will agree to install and
maintain both advance warning signs and pavement markings for the railroad
crossing located at Buhler Station Road (DOT No. 329-367J) in Ward Six, in
conjunction with the installation of railroad crossing signals by the Federal
Highway Administration under the Federal Railroad Safety Program, and further,
authorizing the President of the Police Jury, or his designee, when
appropriate, to execute all documents related thereto. (Police Jury District 14, Mr. McMillin)
10. 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:
(10.1) Proposal of Ed Nelson to clear
and grub an 82-acre tract and strategically place 47,000 cubic yards of on-site
earthen material derived through grading operations and dredging of ponds to
achieve design elevations required to support the construction of roads,
driveways and structure foundations, all as necessary to implement a 194-lot
single family residential subdivision.
Said projects located adjacent to Beglis Parkway in Sulphur. The Planning Staff recommends that the
Police Jury indicate no objection to this project application.
(10.2) Proposal of The
Nature Conservancy Louisiana Field Office to rehabilitate a 210-acre site to a
pine flatwood savanna and preserve 270 acres of hardwood bottomland and
hardwood-pine habitat. Site
rehabilitation would consist of an aggressive prescribed fire program and
eliminating obvious sources of excessive drainage/ponding (e.g. roadside
ditches, internal plow lines).
Implementation of the management program is expected to restore the
species rich savanna floral assemblage in existing wetland areas historically
common to the Western Terraces within the Calcasieu River basin. Said project is located along both banks of
the Houston River. The Planning
Staff recommends that the Police Jury indicate no objection to this project
application.
(10.3) Proposal of The
Nature Conservancy Louisiana Field Office to rehabilitate a 150-acre site to a
pine flatwood savanna and preserve 10 acres of hardwood bottomland
habitat. Site rehabilitation would
consist of aggressive prescribed fire program, eliminating obvious sources of
excessive drainage/ponding (e.g. roadside ditches, internal plow lines) and
controlling invasives by fire or chemical means. Implementation of the management program is expected to restore
the species rich savanna floral assemblage in existing wetland areas
historically common to the Western Terraces within the Calcasieu Parish
basin. Said project is located along
the south bank of Houston River. 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.
11. 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 26, 2006, on the following cases, and adopt an ordinance with
respect to each piece of property:
(11.1)
AP03-197-05 (Church Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $100.00 by Mr. Tony Terry Zackery be accepted.]
(11.2)
AP03-243-05 (6th Street-vacant lot) (Police Jury District 5, Dr.
Mackey)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $10,500.00 by Mr. David Papania be accepted.]
(11.3)
AP03-329-06 (Louisiana Avenue-vacant lot) (Police Jury District 3, Mrs.
Griffin)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $3,200.00 by Ms. Gloria E. Schexnayder be
accepted.]
(11.4)
AP03-331-06 (Kinder Street-vacant lot) (Police Jury District 2, Mr. Collins)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $1,600.00 by Mr. Alvin J. Joseph be accepted.]
(11.5)
AP03-334-06 (N. Boston Alley-vacant lots) (Police Jury District 2, Mr. Collins)
[No
bids were received; therefore, this property will be readvertised on October’s
adjudicated property list.]
(11.6)
AP03-335-06 (1st Street-vacant lot) (Police Jury District 3, Mrs.
Griffin)
[The
Director of the Division of Planning and Development recommends that the
highest offer in the amount of $4,000.00 by Mr. Anand Roy and Mr. Iqbal
Mohammad be accepted.]
(11.7)
AP03-336-06 (N. Enterprise Boulevard-vacant lot) (Police Jury District 3, Mrs.
Griffin)
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$2,200.00 by Mr. Donald Dean Jackson be accepted.]
(11.8)
AP03-337-06 (N. Jake Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$4,000.00 by Mr. Howard Charles Orphey be accepted.]
(11.9)
AP03-338-06 (S. Franklin Street-vacant lot) (Police Jury District 3, Mrs.
Griffin)
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$900.00 by Ms. Patsy Rosetta Shelton be accepted.]
(11.10) AP03-339-06 (Martha
Street-vacant lot) (Police Jury District 2, Mr. Collins)
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$3,700.00 by Ms. Rosemary C. LeBlanc be accepted.]
(11.11) AP03-344-06 (N. Booker
Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$1,600.00 by First New Life Baptist Church of Lake Charles be accepted.]
(11.12) AP03-345-06 (N. Booker
Street-vacant lots) (Police Jury District 3, Mrs. Griffin)
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$4,500.00 by First New Life Baptist Church of Lake Charles be accepted.]
(11.13) AP03-346-06 (N. Booker Street-vacant
lot) (Police Jury District 3, Mrs. Griffin)
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$1,200.00 by First New Life Baptist Church of Lake Charles be accepted.]
(11.14) AP04-342-06 (Moss
Street-vacant lot) (Police Jury District 14, Mr. McMillin)
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$3,600.00 by Mr. Elias Cormier, Jr. be accepted.]
(11.15) AP06-340-06 (Bill Phillips
Road) (Police Jury District 11, Mrs. Treme)
[The Director of the Division of Planning
and Development recommends that the highest offer in the amount of $11,000.00
by Mr. Ernest Brantley be accepted.]
(11.16) AP06-341-06 (Dunn Ferry
Road-vacant lot) (Police Jury District 11, Mrs. Treme)
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$500.00 by Mr. Wallace Nichols be accepted.]
(11.17) AP07-343-06 (Stevenson
Street) (Police Jury District 12, Mr. Clement
[The Director of the Division of
Planning and Development recommends that the highest offer in the amount of
$5,100.00 by Mr. Douglas Matthew Turner be accepted.]
12. Consideration of approval of Grant Year
2007 Road and Drainage Trust Fund Grants, as recommended by the Trust Fund
Rating Committee, as follows:
City of Lake Charles Holly Hill Reconstruction $500,000.00
City
of Sulphur Burton
Street Bridge/Lateral L-2 $92,840.00
Town
of Iowa Kinney Ave.
Drainage Improvements
$100,000.00
13. Consideration of approving the following requests for approval
by the Calcasieu Parish Public Trust Authority:
(13.1) adopt a resolution approving the
issuance, sale, and delivery by the Calcasieu Parish Public Trust Authority of
$500,000 Industrial Revenue Gulf Opportunity Zone Bonds (4211 Common Street,
LLC, Project), Series 2006;
(13.2) adopt a resolution approving the
issuance, sale, and delivery by the Calcasieu Parish Public Trust Authority of
$750,000 Industrial Revenue Gulf Opportunity Zone Bonds (National Networks,
LLC, Project), Series 2006; and
(13.3) adopt a resolution approving the
issuance, sale, and delivery by the Calcasieu Parish Public Trust Authority of
$1,300,000 Industrial Revenue Gulf Opportunity Zone Bonds (Jemcon Investments,
LLC, Project), Series 2006.
14. Consideration of adopting a resolution
expressing the Police Jury’s full support for the creation of the National
Hurricane Museum and Science Center in Southwest Louisiana which would provide
a tremendous positive economic impact for both Southwest Louisiana and the
State of Louisiana. (Mr. Clement)
15. Consideration of adopting a resolution
approving a contract between the Police Jury and Pedersen and Pedersen Auctions,
Inc. wherein said company will provide their services for a Parish Auction on
October 14, 2006, of various movable assets of various parish departments and
agencies, as established by the Division of Finance, and further, authorizing
the President of the Police Jury, or his designee, when appropriate, to execute
all documents related thereto.
16. Take
appropriate action on the expiration of the term of Mr. Joe McMillan as a
member of the Board of Commissioners of Ward Four Fire Protection District No.
Four (a.k.a. Houston River Fire District).
(Mr. McMillan holds a seat appointed upon a consensus recommendation of
the jurors representing Districts 11, 12, 13 & 14. Mrs. Treme is the liaison. The Agenda
Committee recommended that action be deferred for thirty days.)
AGENDA
NOTE: action was deferred by the
Police Jury on August 3, 2006, until August 31, 2006, and on September 7, 2006,
until September 28, 2006.
17. Take
appropriate action on the expiration of the term of Mr. Leland LaBove as a
member of the Board of Commissioners of Ward Four Fire Protection District No.
Four (a.k.a. Houston River Fire District).
(Mr. LaBove holds a seat appointed upon a consensus recommendation of
the jurors representing Districts 11, 12, 13 & 14. Mrs. Treme is the liaison. The Agenda
Committee recommended that Mr. LaBove be reappointed.)
AGENDA
NOTE: action
was deferred by the Police Jury on August 3, 2006, until August 31, 2006, and
on September 7, 2006, until September 28, 2006.
18. Take
appropriate action to fill a vacancy on the Ward One Economic Development
Board which was created by the resignation of Ms. Sharon Galicia. (Ms. Galicia holds a seat appointed by the
Jurors representing Ward One, Mr. Manuel, Mr. Collins, and Mrs. Treme, as per
Act 377 of the 2001 Regular Session of the Legislature. Mr. Manuel is the liaison. The Agenda
Committee recommended that action be deferred for thirty days.)
AGENDA
NOTE: action was deferred by the
Police Jury on September 7, 2006, until September 28, 2006.
19. Take
appropriate action on the expiration of the term of Mr. John E. Duhon as a
member of the Calcasieu Parish Planning and Zoning Board. (Mr. Duhon is an
at-large representative from east of the Calcasieu River. Mr. Manuel is the
liaison. The Agenda Committee recommended that Mr. Duhon be reappointed.)
20. Take appropriate
action on the expiration of the term of Mr. Lasalle Williams, Sr. as a
member of the Calcasieu Parish Planning and Zoning Board. (Mr. Williams represents
Ward 4. Mr. Manuel is the liaison. The Agenda Committee recommended that Mr.
Williams be reappointed.)
21. Take
appropriate action on the expiration of the term of Mr. John Denison, Jr.
as a member of the Board of Commissioners of Ward Eight Fire Protection
District No. Two. (Mr. Denison represents District 10. Mr. Stelly is the
liaison. The Agenda Committee recommended that Mr. Denison be reappointed.)
22. Take appropriate
action on the expiration of the term of Mr. Odies Jones as a member of the
Board of Commissioners of Ward Four Fire Protection District No. Three. (Mr.
Jones represents Districts 3, 14 & 15.
Mr. McMillin is the liaison. The Agenda Committee recommended that
Mr. Jones be reappointed.)
23. Take appropriate
action on the expiration of the term of Mr. Arvin Rivers as a member of the
Board of Commissioners of Ward Four Fire Protection District No. Three. (Mr.
Rivers represents District 14. Mr. McMillin is the liaison. The Agenda
Committee recommended that Mr. Rivers be reappointed.)
24. Take appropriate
action on the expiration of the term of Mr. Duane Chapman as a member of
the Board of Commissioners of Ward Eight Fire Protection District No. Two. (Mr.
Chapman represents District 4. Mr. Stelly is the liaison. The Agenda
Committee recommended that Mr. Chapman be reappointed.)
25. Take
appropriate action on the expiration of the term of Mr. Charles Manuel as a
member of the Board of Commissioners of Ward Eight Fire Protection District No.
Two. (Mr. Manuel represents District 10. Mr. Stelly is the liaison. The Agenda Committee recommended that Mr.
Manuel be reappointed.)
26. Take appropriate action on bids
received by the Police Jury on September 21, 2006, for Improvements to the
Burton Memorial Coliseum Complex, Phase II – Outdoor Arena Demolition.
AGENDA
NOTE: the Police Jury deferred
action on bids until October 5, 2006. The
Project Architect recommends that all bids be rejected and requests
authorization for readvertisement due to (1) low bidder not complying with the
requirements of the bid documents, and (2) all bids being over budget.
27. Take appropriate action on bids
received by the Parish Purchasing Agent on September 8, 2006, for Shelter
Management Software, for use by the Animal Services Department. (see
attached)
AGENDA
NOTE: the Police Jury deferred
action on bids on September 21, 2006, until October 5, 2006.
28. Take
appropriate action on bids received by the Parish Purchasing Agent on
September 29, 2006, for equipment tires, with unit prices effective from
November 1, 2006, until April 30, 2007.
(see attached)
29. Consideration
of authorizing the Parish Purchasing Agent to advertise for bids for concrete
catch basins, concrete pipe, metal pipe, plastic pipe, PVC adapters, with unit
prices effective from January 1, 2007, until June 30, 2007, mosquito control
chemicals, gasoline and diesel, and propane fuel, with unit prices effective
from January 1, 2007, until December 31, 2007.
30. Consideration
of authorizing the Parish Purchasing Agent to advertise for bids for one 2007
one-half ton extended cab pickup truck, for use by the Division of Planning and
Development.
31. Consideration
of approval of recommendation of Committee after going into executive session
on Thursday, September 28, 2006, to discuss Lawsuit No. 2006-4005 (Busby vs.
Police Jury).
AGENDA NOTE: the
Committee went into executive session on Thursday, September 28, 2006, to
discuss Lawsuit No. 2006-4005 (Busby vs. Police Jury). Following the executive session,
the Committee voted to receive the report given by legal counsel during the
executive session.
32. ADVISE
that surplus adjudicated properties will be offered for sale by the Director of
the Division of Planning and Development on October 24, 2006. (see attached)
ADVISE THAT THE FOLLOWING TERMS
WILL EXPIRE IN
NOVEMBER, 2006
·
Term of Mr. Raphael Sias, Sr., as a member of the
Board of Commissioners of Waterworks District No. Two of Ward Four. (Mr. Sias represents District 15. Mr. McMillin is the liaison.)
·
Term of Mr. Ivan J. Tarou as a member of the Board
of Commissioners of Waterworks District No. Seven of Wards Four and Six. (Mr. Tarou represents District 14, but
resides in District 11, as agreed upon by the consensus of Jurors. Mrs. Treme is the liaison.)