July 6, 2006
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, July 6, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Michael E. Danahay, President, presiding, and the following members present:
Mrs. Sandy Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornie Moon, and Tony Stelly
Absent: Mrs. Elizabeth Conway Griffin (ill) and Mr. Guy Brame (out of town)
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.
President Danahay called the meeting to order. The invocation was pronounced by Father Ed Brunnert of Our Lady of Prompt Succor Catholic Church which was followed by the Pledge of Allegiance led by Dr. Mackey. The roll was called with the result being as outlined above.
President Danahay welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.
President Danahay advised that bids would be opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2006-08 (Installation of New Horizontal Pressure Filter and Controls for use by Waterworks District No. Five of Wards Three and Eight), and appropriate action would be taken thereon.
Mr. McMurry then proceeded to open the following sealed bids:
Bessette Development Corporation $247,090.00
Trek, Inc. $154,235.00
There being no other bids submitted, motion was made by Mr. Andrepont, seconded by Mr. McMillin and carried unanimously that the bids be referred to the Project Engineer for final tabulation, with further action thereon to be taken by the Police Jury at its Regular Meeting on July 20, 2006.
President Danahay advised that bids would be received at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for re-roofing the Calcasieu Parish Health Unit Annex which houses the Calcasieu Parish Coroner’s Office and Forensic Facility, and appropriate action would be taken thereon.
Mr. McMurry then proceeded to open the following bids:
Company Base Bid Alt. No. One Alt. No. Two
Morgan Roofing Company, Inc. $218,500.00 +$57,600.00 +$19,200.00
Daughdrill General Contracting & Roofing, Inc. $198,497.00 +$57,651.00 +$ 8,216.00
Ferguson Roofing Company, Inc. $205,000.00 +$56,000.00 +$ 7,000.00
There being no other bids, motion was made by Mr. Andrepont, seconded by Mr. Landry and carried unanimously that the bids be referred to the Project Architect for final tabulation, with further action to be taken by the Police Jury later in the meeting on this date.
President Danahay recognized Mr. John Vaughn, former member of the Police Jury, as being present at the meeting, and Mr. Vaughn briefly addressed the Jury, commending the members on their performance following Hurricane Rita, and for the advancements made by the Jury over the years.
Mr. Manuel was granted a point of personal privilege, and he thanked Mr. Collins and Mr. Guidry for attending the recent grand opening of the Ward One Senior Center which he said had been well attended by the residents of Ward One.
Mr. Andrepont presented a framed copy of the following resolution of congratulations to Father Henry J. Lenz in recognition of his 65 years in the priesthood and 70 years of religious vows as a LaSalette missionary, and Father Lenz expressed his appreciation for this honor:
RESOLUTION
WHEREAS, Father Henry Lenz has lived life to the fullest for almost a century, traveling to all 50 states, Austria, the Philipines, Madagascar and Europe in the course of his illustrious ministry; and
WHEREAS, Father Lenz was ordained to the priesthood on June 7, 1941, after several years of study and service as a Missionary of Our Lady of LaSalette; and
WHEREAS, given his extensive service in many areas of the United States and abroad, the citizens of Southwest Louisiana – particularly the parishioners of Our Lady of Prompt Succor in Sulphur and Immaculate Conception Parish in Maplewood, as well as parishioners in DeQuincy and DeRidder – have been blessed and are extremely grateful for the devotion and service of Father Lenz; and
WHEREAS, Father Lenz has served under five popes, and a thrill of a lifetime came for him when he said mass standing right next to Pope John Paul II while in a church south of Rome; and
WHEREAS, in 1999, at the age of 85 and after having a near fatal heart attack, Father Lenz turned his resignation in to the Bishop and since such time has retired to Our Lady of Prompt Succor where he has been in residence ever since.
NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 6th day of July, 2006, that it does hereby sincerely thank Father Henry J. Lenz for his many years of service to the citizens of Southwest Louisiana, and does hereby offer congratulations and best wishes for much well-deserved happiness and peace in his retirement years.
THUS DONE AND PASSED by a unanimous vote of the Calcasieu Parish Police Jury on this, the 6th day of July, 2006.
/s/ Michael E. Danahay, President
Calcasieu Parish Police Jury
/s/ Francis Andrepont, District 13
Calcasieu Parish Police Jury
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President Danahay advised that a presentation would be received at this time from Ms. Cher Walker with the Calcasieu Parish Medical Reserve Corps (MRC), a program funded by the Police Jury. Dr. B.J. Foch, Regional Director of Public Health, thanked the Police Jury for funding this initiative and for its support of public health. He introduced Ms. Cher Walker, and she gave a PowerPoint presentation giving details of the program, pointing out that one of the goals of the MRC was to supplement existing agencies involved in emergency response and would involve emergencies not only relating to hurricanes, but pandemics, lengthy shelters in place, etc.
Ms. Walker stated that the key to success of the program was being prepared which involved credentialing and preparing volunteers in advance of a public health event, as well as organizing medical public health and other volunteers in support of existing programs and resources that improved the health and safety of the community.
Ms. Walker advised that MRC was implemented following the terrorist attacks on September 11, 2001 and that medical support would include volunteers to track patients, help with mass immunizations, provide crisis counseling, etc., and non-medical support in the area of transportation, data collection, and administrative/clerical functions.
In answer to a question by Mr. Moon, Ms. Walker stated that she would work mainly at the directive of Dr. Foch and that after needs were established in an emergency, the medical team and volunteers would be called in to support those needs. She further stated that the MRC could be called upon to provide assistance at a designated shelter and that because Calcasieu Parish was participating in the program, MRC’s from other states could provide assistance in an emergency, and vice-versa.
In answer to a question by Mr. McMillin, Ms. Walker advised that they would like to have 200 credentialed volunteers on standby and as the program expanded, she would like to increase the number of volunteers to several thousand, pointing out that the key was to have those volunteers credentialed ahead of time and have the assurance that they were where they needed to be in the event of an emergency.
Mr. McMurry thanked Dr. Foch for bringing this program to the attention of the Police Jury and stated that he felt it had great possibilities for the future. He pointed out that by providing funding for this program, the Police Jury would be providing a service it could not possibly afford to provide on its own insofar as the resources that would be made available to the taxpayers in the event of an emergency.
President Danahay advised that a report would be received at this time from the staff regarding improvements made to the Police Jury’s internal hurricane response plan. Mr. Beam presented the highlights of said improvements as follows:
Hurricane Plan Improvement Highlights
July 6, 2006
Personnel Roles & Training
□ Established evacuation plan for the core management team
□ Established “green team” employees needed for initial response phase
- Roles have been defined
- Training is scheduled during July
□ Established a Public Information Team to ensure effective communications for internal
departments and external sources as well
- Parish web site capabilities will be expanded for employees and the public
- Plans are being implemented to utilize a telephone ring-down system for evacuation notices to
employees
□ Police Juror communications (refer to booklet)
□ Housing: Employees will use their respective departmental facilities unless damaged. Some
departments can house larger numbers of employees if needed.
□ Food and personal needs: A Personal Care Logistics Team has been established to coordinate tasks
related to this area. Sure-Pak meals, water and personal hygiene supplies will be stored at
departmental locations for the initial response period (3-5 days). Garner Environmental Services,
through a contract with the Parish, can supply catering as needed after initial phase. Faith-based
organizations also fill this role.
□ Purchases: Credit cards have been ordered for selected employees to use during the evacuation
and initial response period. Credit cards will not be distributed until there is a possible threat from
a hurricane.
□ Fuel supply: Departmental fuel needs will be handled through the Public Works fueling station.
□ Generators: Garner Environmental Services will provide generators as needed for Parish facilities. Facility Management is currently in the process of evaluating departmental facilities to verify needs for generator size and other specifications. The Office of Homeland Security and Emergency Preparedness is checking with special service districts to ensure that they have addressed emergency power needs.
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Mrs. Treme asked if any follow-up had been done on her suggestion of providing BlackBerry wireless telephones to the jurors, since that seemed to be the only method of communication that functioned through both Hurricanes Katrina and Rita. Mr. Beam admitted there had been some trouble with cell phones during and after Rita and while the staff did not have the BlackBerry option in place, they could still look at that. Mrs. Treme stated that the staff’s plans as presented on this date were good only if there was an ability to communicate.
Mr. McMurry pointed out that the BlackBerry units did work during most of the Hurricane Rita event, but there was no guarantee that they would work in another disaster. He stated that the staff would continue to try and address as many concerns as possible in a manner that was as economically feasible as possible.
Mr. McMillin suggested that the ham radio operators in the area be included in the Parish’s preparedness efforts, and Mr. Beam pointed out that this was an external issue not addressed in his report on the internal issues and that the problem during and after Hurricane Rita was getting information to those outside of the KPLC-TV viewing area. He pointed out that the Parish’s website would play a bigger role in the future insofar as getting that information out.
Motion was made by Mr. Landry, seconded by Mr. Collins and carried unanimously to receive the report as presented by the staff.
Upon motion made by Mrs. Treme, which was duly seconded by Mr. Guidry and carried unanimously, the following application for a liquor and beer permit was approved:
WARD VII
State Line Beverage Sales, LLC
Robert Wayne Bellar – Member
BOBBY B’S
5585 Hwy 90 W
Vinton, LA 70668 Liquor & Beer 135.00
(Brent Clement’s District)
TOTAL REMITTANCE: 135.00
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It was moved by Mr. Andrepont, seconded by Mr. Landry and carried unanimously to approve payment of all current invoices.
Motion was made by Mrs. Treme, seconded by Mr. Moon and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated June 1, 2006, be approved, and the reading of same was dispensed with.
Upon motion made by Mr. Guillory, which was duly seconded by Mr. McMillin and carried unanimously, the Agenda Committee Report dated June 29, 2006, was approved as follows:
AGENDA COMMITTEE REPORT
June 29, 2006
A meeting of the Agenda Committee was held on Thursday, June 29, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Cornelius “Cornie” Moon presiding, and the following members present:
Mr. Francis Andrepont, Mr. Brent Clement, Mr. Guy Brame, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Tony Stelly, and Mrs. Sandra J. Treme
Absent: None
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Mr. Gerry Trahan, Mr. Jim Vickers, and Mr. Allen Wainwright.
Chairman Moon advised that the purpose of the meeting on this date was to review the proposed agenda for the Regular Meeting of the Police Jury to be held on July 6, 2006.
Following review of the items to be considered by the Police Jury on July 6th, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.
In addition, the following item was added to the agenda for consideration on July 6th:
Consideration of adopting a resolution approving a Contract to Provide Services/Hold Harmless Agreement between the Police Jury and Chad and Mandy Henry for park keeper services at Holbrook Park located in Ward Six, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.
The Agenda Committee also recommended that Monday, July 3, 2006, be declared a holiday for Parish employees.
Also, recommendations for appointments to various boards of special service districts were made by members of the Committee.
There being no further business, Chairman Moon declared the meeting to be adjourned.
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It was moved by Mr. Manuel, seconded by Mrs. Treme and carried unanimously to approve the Public Works Committee Report dated June 29, 2006, as follows:
PUBLIC WORKS COMMITTEE REPORT
June 29, 2006
______________________________________
A meeting of the Public Works Committee was held on Thursday, June 29, 2006, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Elizabeth C. Griffin, Chairman, presiding and the following members present:
Mr. Francis Andrepont, Mr. Guy Brame, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Hal McMillin, Mr. Don Manuel, Mr. Cornie Moon, Mr. Tony Stelly, and Mrs. Sandy Treme
Absent: None
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Mr. Gerry Trahan, Mr. Jimmy Vickers, and Mr. Allen Wainwright.
Said Committee:
1. Received and opened the following bids for furnishing all labor and materials for Hurricane Damage, Repairs, and Waterproofing of Central Library, as advertised in accordance with law for action to be taken at 5:30 p.m.:
Sam Istre Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $507,500.00
Lewing Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $538,300.00
NOTE: the Library Board of Control, at the recommendation of the Project Architect, recommended that the low bid in the amount of $507,500.00 be accepted.
2. Received report from Ms. Shawn Trahan of Citgo and Mr. Tom Sparks of the U. S. Coast Guard on the oil spill cleanup efforts currently taking place in and around the Citgo facility. Additional speakers included Mr. Charlie Atherton, 122 Vine Street; Mr. Brad Bengio, NOAA Scientific Coordinator; and Mr. Roland Guidry, State of Louisiana - Office of the Governor. Staff reported that the boat launches at Intracoastal Park, Calcasieu Point Landing, Prien Lake Park, and I-210 were currently closed, however, the I-210 launch would be open to traffic only for the fishing tournament weigh-in scheduled for the 4th of July weekend. The Staff recommends ratification of the verbal agreement between the Police Jury and Citgo to allow use of the Parish’s I-210 boat launch area for oil spill cleanup staging activities, with indemnification to be provided by Citgo for said operations.
3. Received report from the following representative(s) of the Federal Emergency Management Agency (FEMA) with reference to debris removal: David Phillips, John Marnell, Dan Stucker, and Matt Mire. Mr. Adam Carey, 1841 Martin Luther King Highway, and Mr. Robert Reeves both complained that FEMA had come to their property for Personal Property Debris Removal, but left the job incomplete with hazardous conditions remaining and has not returned to date. The Committee recommended that the Police Jury wait until after the July 4th Holiday weekend to determine what action would be needed following the upcoming June 30, 2006 deadline insofar as an extension for 100% reimbursement for SWLA/ Hurricane Rita parishes having not yet been granted by the President of the United States.
4. Discussion of debris issues in waterways, more particularly Houston River and drainage lateral adjacent to the West Calcasieu Community Center. Mr. and Mrs. Neeley, 4151 N. Kendricks Road, Sulphur, appeared before the Police Jury to explain drainage problems prior to Hurricane Rita which were exacerbated by storm debris thereafter. The Committee recommended that this item remain on the agenda for the Regular Meeting on July 6, 2006, to receive an additional report from Mr. Allen Wainwright regarding the appropriate authority and funding assistance options for the cleanup of waterways and laterals in this area, as well as the appearance of Mr. Gene Mullin of the West Calcasieu Community Center.
5. Received a report from the Division of Planning and Development regarding an 80-acre tract of property located off of the east side of Robinson Road in Ward Two. The Committee recommended that a waiver be granted 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 10 years at the property owners expense, and if not fulfilled, then road maintenance by the Parish would cease. (Police Jury District 10, Mr. Stelly)
6. Recommended that a resolution be adopted accepting Horse Park Acres, Phase Two Subdivision located off of Boys Village Road in Section 4, Township 10 South, Range 7 West, in Ward Eight. (Police Jury District 10, Mr. Stelly)
7. Recommended that an ordinance be adopted and/or existing ordinance(s) be amended with reference to the following:
7.1 establish “no parking” on the south side of Kristle Lane, from North Perkins Ferry Road to a point 250 feet east, in Ward One. (Police Jury District 1, Mr. Manuel); and
7.2 prohibit all terrain vehicles in all parish parks.
8. Recommended that a resolution be adopted approving agreements between the Police Jury and the State of Louisiana, Department of Transportation and Development, and the consultants, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto for the following state projects:
8.1 improvements to the intersection of Parish Road at Louisiana 378;
8.2 improvements to the intersection of Joe Miller Road at U. S. Highway 171; and
8.3 improvements to the intersection of Elliot Road at Gauthier Road.
9. Recommended approval with reference to the Police Jury’s Transportation Master Plan as follows:
9.1 adopt a resolution accepting the Transportation Master Plan “Seven Policy Initiatives” to guide the implementation and address the needs identified in the Transportation Master Plan with the seven policy initiatives being established as follows: (a) preserving and optimizing the existing roadway system; (b) provide for careful addition of capacity; (c) provisions for the construction of new roadway; (d) preservation of right-of-way; (e) road and intersection safety evaluations; (f) establish roadway and intersection design standards; and (g) public transportation consideration as part of land use decisions; and
9.2 adopt a resolution accepting the Thoroughfare Plan and right-of-way requirements for roadway preservation of corridors.
10. Recommended that a resolution be adopted approving a Joint Services Agreement between the Police Jury and the City of Westlake for the labor and equipment to clean approximately 150 yards of ditch along Myrtle Springs Road, from Houston River Road north along the west side of the ditch, in the city limits of Westlake at an approximate cost of $849.64, with said project being funded from Ward Four Gaming Funds (District 14), and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.
11. Recommended that a resolution be adopted approving an offer being made to the Cameron Parish Police Jury to amend the Joint Calcasieu-Cameron Cooperative Maintenance Agreement to provide that maintenance responsibility of all parish roads that are located on the Calcasieu-Cameron boundary line, estimated to be approximately 13 miles, be solely vested with the Calcasieu Parish Police Jury for a period of three years during Cameron’s efforts to recover from the widespread devastation caused by Hurricane Rita, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. (Police Jury District 7, Mr. Landry)
12. Recommended that the Parish Purchasing Agent be authorized to advertise for bids for the purchase and installation of Mobile Command Communications Components for two existing Public Works Command Trailers.
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Motion was made by Mr. Manuel, seconded by Mrs. Treme and carried unanimously that Recommendation No. 1 of the Public Works Committee be approved; whereupon, in accordance with the recommendation of the Library Board of Control, in conjunction with the Project Architect, the low bid in the amount of $507,500.00 of Sam Istre Construction was accepted for furnishing all labor and materials for Hurricane Damage, Repairs, and Waterproofing of Central Library, said bids having been received by the Police Jury at its Public Works Committee Meeting on June 29, 2006, and further, the President of the Police Jury was authorized to execute the contract documents and any amendments or modifications thereto in conjunction with said project.
It was moved by Mr. Moon, seconded by Mr. Andrepont and carried unanimously to approve Recommendation Nos. 2 and 3 of the Public Works Committee as outlined heretofore.
Mr. Landry asked for an update on the current status of debris removal, and Mr. McMurry advised that a very productive meeting had recently been held with FEMA and the U.S. Army Corps of Engineers wherein he felt confident that both entities understood the frustrations voiced at the Public Works Committee meeting on June 29, 2006, and had a better understanding of what work lay ahead of them. Mr. McMurry stated that a gap in communication had been one of the biggest problems, due in part to the continual change of personnel representing FEMA and the Corps, but he felt the staff had gotten a better idea of how to close that gap.
Mr. Vickers stated that one of the things most needed was a continuity of staff in order to complete the debris removal. He also stated that FEMA and the Corps probably had little if any experience in condemnations, and the “red tape” associated with the Stafford Act did not lend itself to operating smoothly on a consistent basis. Mr. Vickers advised that the staff would be meeting with the Corps’ representative on a weekly basis to track the process and that those condemnations not eligible for removal by the Corps would have to be dealt with by the Police Jury and an associated decision made as to whether to assist in funding those demolitions since they were hurricane related. Mr. Vickers reminded the jurors that the Parish had six weeks to complete the removal under the 90% federal - 10% state funding.
Mr. Landry stated that he had asked for but not yet received a status report on all properties on the list for condemnation, and he was assuming that someone would go over said list to make sure the Corps was aware of all of the properties.
Mr. McMurry advised that two points of contact had been established on the staff level, Mr. David Robinson of Planning and Development and Mr. Norman Bordeau of the Office of Homeland Security and Emergency Preparedness, and FEMA and the Corps would be in regular contact with them. He pointed out that the staff would know on a weekly basis the status of the work completed and the work left to be done.
Mr. Manuel suggested that the possibility be looked into of utilizing local qualified contractors who had the necessary equipment to do the work so that it could possibly be done more expeditiously.
Mr. McMillin asked that representatives of the Corps, FEMA, and Crowder Gulf provide an update to the Police Jury at each of its meetings until the deadline of August 29, 2006. Mr. McMurry advised that the staff could make such reports but because there had been so much confusion due to the varying reports given by the many different representatives of the Corps and FEMA, those agencies felt that the line of communication in reporting directly to the Police Jury had not been successful because of the inconsistent information being conveyed. Mr. McMurry stated that the current representative of the Corps seemed to be a “no nonsense, can do” person who knew that the work could not be strung out indefinitely.
Mr. McMurry pointed out that the contractors had been frustrated by paperwork problems but that the new Corps’ representative seemed willing to cut through some of the “red tape” and do a better job in the next six weeks, particularly with the weekly planning and monitoring of work.
Mr. Clement asked if the August 29th deadline also applied to debris removal on road rights-of-way, and Mr. McMurry advised that the Corps intended to work with the staff to pick up what was left on the Parish’s rights-of-way, a lot of which would not be eligible, however, he thought the Corps was going to be somewhat lenient for debris that appeared to be storm-related.
Mr. Clement pointed out that there was a lot of work left to be done insofar as debris on State rights-of-way, some of which was creating health hazards. He also pointed out that some people were just now getting their insurance settlements and there would be additional debris as a result of that which would have to be addressed either at the current time or in the future.
Mr. Landry advised that there was some confusion on the public’s part, particularly when a location was deemed ineligible for pickup by FEMA, and the property owner was not aware of that determination. He stated that ultimately, Waste Management would have to pick it up, and he asked if said company could address the pickup of the debris as soon as FEMA deemed it ineligible under their program.
Mr. McMurry stated that there might be some of the debris that the Parish or Waste Management could pick up more efficiently or less expensively than the Corps’ contractor. He further stated that one of the things talked about was the process of appeal, particularly with respect to demolition, and FEMA was willing to allow one or two reassessments before requiring the filing of a formal appeal. Mr. McMurry advised that the staff could coordinate with FEMA and the Corps through the weekly meetings to determine which locations the Parish or Waste Management would need to take care of so that those areas could be deemed to be complete.
Mr. Clement asked that the news media educate the public on the fact that once the final pass was made in each area of the Parish, the property owner would be responsible for clean-up of any additional debris.
It was moved by Dr. Mackey, seconded by Mrs. Treme and carried unanimously to accept the report given by staff on this date relative to debris removal.
Motion was made by Mr. Moon, seconded by Mr. Andrepont and carried unanimously to approve Recommendation No. 4 of the Public Works Committee as outlined heretofore. With respect to said item, Mr. Andrepont advised that the West Calcasieu Parish Community Center Authority had asked that this matter be held in abeyance because the Authority felt it could handle the matter itself.
Mr. Wainwright reported that the laterals in the Houston River area were not under the jurisdiction of Gravity Drainage District No. Five of Ward Four and were actually State-owned water bottoms. He stated that some headway had been made in setting up a meeting with representatives of the local National Resources Conservation Service (NRCS) and the State for the following week to discuss various options as far as getting the major rivers assessed and to determine what funding would be available.
Upon motion made by Mr. Moon, which was duly seconded by Mr. Andrepont and carried unanimously, Recommendation Nos. 5 and 6 were approved; whereupon, the following resolution was adopted:
RESOLUTION
WHEREAS, Russell Moss, subdivided certain property in Ward Eight of Calcasieu Parish, Louisiana, known as Horse Park Acres Subdivision Phase Two, a subdivision in Section 4, Township 10 South, Range 7 West, Calcasieu Parish, Louisiana; and
WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana; and
WHEREAS, said subdivision plat was prepared by Donald R. Hayes, Registered Land Surveyor No. 4748, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and
WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on July 7, 2006, and will bear File No. 2765735.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 6th day of July, 2006, that it does hereby officially accept the plat of Horse Park Acres Subdivision Phase Two in Ward Eight of Calcasieu Parish, Louisiana, including Buckskin Drive, located within said subdivision, for future maintenance by the Parish.
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With regard to Recommendation No. 7.2, Mr. Trahan stated that another issue in Parish parks involved horses and horseback riding, and he recommended that this be allowed in improved areas of the parks and in conjunction with special occasions, whereby the Police Jury would issue permits for same so that security could be provided and to make sure riding was done in safe areas.
Motion was made by Mrs. Treme, seconded by Dr. Mackey and carried unanimously to approve Recommendation No. 7 of the Public Works Committee, and further, to incorporate Mr. Trahan’s recommendation into the ordinance dealing with prohibition of all terrain vehicles in Parish parks; whereupon, the following ordinances were adopted:
ORDINANCE NO. 5123
AN ORDINANCE amending Sec. 17-126 of Chapter 17, Art. III, Stopping, Standing and Parking, of the Code of Ordinances of Calcasieu Parish, Louisiana, to establish “no parking” on Kristle Lane, south side, from North Perkins Ferry Road to a point 250 feet east, in Ward One of Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:
SECTION 1. Sec. 17-126, Prohibited parking on specified streets, of the Code of Ordinances is amended by including the following road in the provisions of said section:
Kristle Lane, south side, from North Perkins Ferry Road to a point 250 feet east, in Ward 1
BE IT FURTHER ORDAINED that effective immediately, no vehicle shall park on Kristle Lane as heretofore set forth.
BE IT FURTHER ORDAINED that appropriate signs shall be posted along Kristle Lane as referred to above, at reasonable intervals, to warn operators of vehicles that parking is prohibited.
BE IT FURTHER ORDAINED that anyone violating the provisions of this ordinance, upon conviction, shall be fined as provided in Section 1-9 of the Code of Ordinances.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this 6th day of July, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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ORDINANCE NO. 5124
AN ORDINANCE amending Chapter 20 – Recreation, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish regulations prohibiting all terrain vehicles, horses and horseback riding within parish parks.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 6th day of July, 2006, that it does hereby amend Chapter 20 – Recreation, of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:
SECTION I. Article I. In General, of Chapter 20 — Recreation, of the Code of Ordinances is amended by adding the following policies in the provisions of said section:
Sec. 20–8. All Terrain Vehicles Prohibited.
(a) It shall be unlawful for any person or persons to operate or ride any all terrain vehicle within a parish park.
(b) Anyone violating the provisions of this section, upon conviction, shall be fined as provided in section 1-9 of this Code.
Sec. 20-9. Horses and Horseback Riding.
(a) Horses and horseback riding is prohibited within improved areas of parish parks except for special circumstances/events for which a permit must be obtained from the Office of Facility Management so that appropriate security and safety measures can be taken prior to such activity being conducted.
(b) Applications for permits shall be made in writing at least thirty (30) days in advance of the date of the special circumstance/event. After such privilege has been granted, it shall be for that purpose only. No permit shall be transferable.
(c) Anyone violating the provisions of this section, upon conviction, shall be fined as provided in section 1-9 of this Code.
(Secs. 20-10 — 20-20. Reserved.)
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 6th day of July, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Parish Administrator &
Ex-Officio Parish Secretary
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Upon motion made by Mr. Moon, which was duly seconded by Mr. Andrepont and carried unanimously, Recommendation Nos. 8 through 12, both inclusive, of the Public Works Committee were approved; whereupon, the following resolutions were adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 6th day of July, 2006, that it does hereby approve agreements between the Police Jury and the State of Louisiana, Department of Transportation and Development, and the consultants, for improvements to the following intersections:
a) Parish Road at Louisiana 378;
b) Joe Miller Road at U.S. Highway 171; and
c) Elliot Road at Gauthier Road.
BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 6th day of July, 2006, that it does hereby accept the Transportation Master Plan “Seven Policy Initiatives” included in said Plan prepared by Alliance Transportation Group, to guide the implementation and address the needs identified in the Transportation Master Plan with the seven policy initiatives being established as follows: (a) preserving and optimizing the existing roadway system; (b) provide for careful addition of capacity; (c) provisions for the construction of new roadway; (d) preservation of right-of-way; (e) road and intersection safety evaluations; (f) establish roadway and intersection design standards; and (g) public transportation consideration as part of land use decisions.
BE IT FURTHER RESOLVED that it does also hereby accept the Thoroughfare Plan and right-of-way requirements for roadway preservation of corridors as detailed in the Transportation Master Plan.
THUS DONE AND PASSED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 6th day of July, 2006, that it does hereby approve a Joint Services Agreement between the Police Jury and the City of Westlake for the labor and equipment to clean approximately 150 yards of ditch along Myrtle Springs Road, from Houston River Road north along the west side of the ditch, in the city limits of Westlake at an approximate cost of $849.64, with said project being funded from Ward Four Gaming Funds (District 14).
BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED
on the date above inscribed.* * * * * * * * * * * *
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 6th day of July, 2006, that it does hereby approve an offer being made to the Cameron Parish Police Jury to amend the Joint Calcasieu-Cameron Cooperative Maintenance Agreement to provide that maintenance responsibility of all parish roads that are located on the Calcasieu-Cameron boundary line, estimated to be approximately 13 miles, be solely vested with the Calcasieu Parish Police Jury for a period of three years during Cameron’s efforts to recover from the widespread devastation caused by Hurricane Rita.
BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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Motion was made by Dr. Mackey and seconded by Mr. Landry to adopt a resolution of objection to the proposal of River Oaks, LLC, to clear, grub, and redistribute approximately 61,145 cubic yards of onsite native earthen material and deposit an additional 10,900 cubic yards of hauled-in material (clay) and aggregate fill (crushed limestone), as necessary, to construct house foundations, driveways, access roadway and three bridge crossings, all to develop a single-family residential subdivision located off of Bayou Guy in Lake Charles.
Mr. Vickers pointed out that the Planning Staff’s original recommendation had been to object to this project application due to the fact that the property was not properly zoned for the proposed project, however, he had been contacted by a representative of the developer who asked that the Police Jury support the developer in getting a delineation of wetlands and if that was obtained, the developer would file the necessary application for rezoning of the property which would be acted upon by the Planning and Zoning Board with final action by the Police Jury.
Dr. Mackey amended his motion and Mr. Landry accepted said amendment to adopt a resolution indicating no objection to the proposal of River Oaks, LLC, subject to the developer obtaining a favorable delineation of wetlands and following same, applying with the Parish for a rezoning of the property. A vote taken on the motion as amended carried unanimously; whereupon, the following resolution was adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by River Oaks, LLC to clear, grub, grade and redistribute approximately 61,145 cubic yards of onsite native earthen material and deposit an additional 10,900 cubic yards of hauled-in material (clay) and aggregate fill (crushed limestone), as necessary, to construct house foundations, driveways, access roadway and three bridge crossings, all to develop a single-family residential subdivision. Implementation of the proposed project would impact approximately 75.8 acres of which 28.0 acres are identified as jurisdictional wetlands. Said project is located off Bayou Guy, in Lake Charles, Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of River Oaks, LLC relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project, and subject to the applicant receiving an appropriate delineation of wetlands and permit from the U. S. Corps of Engineers, and subsequently, the initiation of an application by the applicant to the Calcasieu Parish Police Jury for an associated rezoning of the property for the use intended.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 6th day of July, 2006, that it does hereby indicate no objection to the proposal of River Oaks, LLC to clear, grub, grade, and redistribute approximately 61,145 cubic yards of onsite native earthen material and deposit an additional 10,900 cubic yards of hauled-in material (clay) and aggregate fill (crushed limestone), as necessary, to construct house foundations, driveways, access roadway and three bridge crossings, all to develop a single-family residential subdivision. Implementation of the proposed project would impact approximately 75.8 acres of which 28.0 acres are identified as jurisdictional wetlands. Said project is located off Bayou Guy, in Lake Charles, Calcasieu Parish, Louisiana
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, approvals are received from all appropriate state and federal agencies, all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project, and subject to the applicant receiving an appropriate delineation of wetlands and permit from the U. S. Corps of Engineers, and subsequently, the initiation of an application by the applicant to the Calcasieu Parish Police Jury for an associated rezoning of the property for the use intended.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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It was moved by Mr. Clement, seconded by Mr. Collins and carried unanimously to approve the recommendations of the Director of the Division of Planning and Development in reference to the Surplus Adjudicated Property Sale conducted on June 27, 2006, on the following cases and to adopt an ordinance with respect to each piece of property where applicable:
AP03-330-06 (Katherine 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 $3,300.00 by Mr. Kernist Jacob be accepted.
AP05-329-06 (Green Moore 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 $5,500.00 by Mr. Floyd Anthony Simon be accepted.
AP06-324-06 (Washington & MLK Streets-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 $1,200.00 by Ms. Elizabeth Gray Carrier be accepted.
AP08-327-06 (S. Storer Avenue-vacant lot) (Police Jury District 10, Mr. Stelly)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,600.00 by Ms. Shirley Ann Crochet be accepted.
AP08-328-06 (407 N. Kinney Avenue) (Police Jury District 10, Mr. Stelly)
This property was redeemed; therefore, no action is needed.
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As a result of passage of the foregoing motion, the following ordinances were adopted:
ORDINANCE NO. 5125
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 21 Blk 3 Sub of S part of Prater Heirs tract; (AP03-330-06; Tax Assessment No. 455814); 2400 Block of Katherine Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Kernist Jacob, his designated agent, or assignee for the consideration of $3,300.00 (three thousand three hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: Lot 21 Blk 3 Sub of S part of Prater Heirs tract; (AP03-330-06; Tax Assessment No. 455814); 2400 Block of Katherine Street - vacant lot in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and
WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and
WHEREAS, a request has been received by the Division of Planning & Development from Mr. Kernist Jacob, to purchase said property for the consideration of $3,300.00 (three thousand three hundred dollars) cash, at the time of sale; and
WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and
WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Mr. Kernist Jacob, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 6th day of July, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: Lot 21 Blk 3 Sub of S part of Prater Heirs tract; (AP03-330-06; Tax Assessment No. 455814); 2400 Block of Katherine Street - vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.
Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Kernist Jacob, his designated agent, or assignee for and in consideration of $3,300.00 (three thousand three hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:
(1) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the Adjudicated Property Section has been provided a Mortgage and Conveyance Certificate or an equivalent by an abstract company doing business in Calcasieu Parish certifying that an examination of the mortgage and conveyance records of the Clerk of Court of Calcasieu Parish was made to obtain the names and last known addresses of all owners, mortgagees, and other persons who might have vested or contingent interests in the property, or who have filed requests for notice as provided for in LSA-R.S. 47:2261, and a list of those names and addresses is attached to the certification. The written certification shall contain an indemnification and hold harmless clause by the purchaser in favor of the Parish of Calcasieu, its officers, agents and employees if the purchase should fail to request notification to an interested party or should incorrectly identify or locate any interested party.
(2) Purchaser has made written request to the Adjudicated Property Section of the Division of Planning & Development to notify those persons identified above in accordance with LSA-R.S. 33:4720.17 and LSA-R.S. 47:2261 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication requested.
(3) Upon written request from the Adjudicated Property Section of the Division of Planning and Development, the Purchaser shall remit 25% of the purchase price as earnest money to be held in escrow by the Calcasieu Parish Police Jury for application to the purchase price at closing, or to be retained by it in the event Purchaser fails to complete the purchase.
(4) The Adjudicated Property Section of the Division of Planning & Development has provided purchaser with proof of notice, and purchaser has recorded same in the conveyance records of Calcasieu Parish and has provided the Adjudicated Property Section of the Division of Planning & Development a stamped copy of the recorded proof of notice.
(5) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the number of days required by LSA-R.S. 33:4720.17 has elapsed since the above required notice was made or attempted and that the property has not been redeemed by the payment of the taxes owed.
(6) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.
Section 3. If purchaser should fail to complete the requirements of Section 2 A) and B) within sixty (60) days of adoption of this ordinance, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to anyone who shall complete the requirements of Section 2. If all of the requirements of Section 2 are not completed within six months from the date this ordinance is adopted, the President’s authority to execute an act of cash sale for this property shall cease, and any and all rights of the purchaser to this property shall terminate.
Section 4. This act of sale shall be without any warranty or recourse whatsoever (including warranty of title), even for the return or any reduction of the purchase price, but with subrogation to all rights and actions of warranty the Parish of Calcasieu may have, and shall contain such warranty limitations and other provisions as are required by the Parish Attorney. The Parish of Calcasieu shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
This ordinance was adopted on the 6th day of July, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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ORDINANCE NO. 5126
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 14 Pleasant Acres 1.65 Acs; (AP05-329-06; Tax Assessment No. 1337317); 1300 Block of Green Moore Road - vacant lot in Ward Five, Starks, Louisiana, surplus property and to authorize the sale of said lot to Mr. Floyd Anthony Simon, his designated agent, or assignee for the consideration of $5,500.00 (five thousand five hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: Lot 14 Pleasant Acres 1.65 Acs; (AP05-329-06; Tax Assessment No. 1337317); 1300 Block of Green Moore Road - vacant lot in Ward Five, said property having been adjudicated to the Parish for unpaid property taxes; and
WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and
WHEREAS, a request has been received by the Division of Planning & Development from Mr. Floyd Anthony Simon, to purchase said property for the consideration of $5,500.00 (five thousand five hundred dollars) cash, at the time of sale; and
WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and
WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Mr. Floyd Anthony Simon, for the of