City Council

October 15, 2024 The City Council of the City of Sulphur, Louisiana, met in regular session at its temporary location located at 1551 East Napoleon Street in the Council Chambers, Sulphur, Louisiana, on October 15, 2024, at 5:30 p.m., after full compliance with the convening of said meeting with the following members present: DRU ELLENDER, Council Representative of District 1 NICK NEZAT, Council Representative of District 2 JOY ABSHIRE, Council Representative of District 4 MANDY THOMAS, Council Representative of District 5 ABSENT - MELINDA HARDY, Council Representative of District 3 After the meeting was called to order and the roll called with the above result, prayer was led by Mrs. Ellender followed by the reciting of the Pledge of Allegiance led by Mrs. Abshire. The Chairman asked if there were any changes to the minutes of the previous meeting. With no changes made, motion was made by Mrs. Abshire seconded by Mrs. Ellender that the minutes stand as written. Motion carried unanimously. Motion was then made by Mrs. Ellender seconded by Mrs. Abshire that item #14A be added to the agenda: Resolution accepting Substantial Completion for Post Oak Road – Division Street to Burton Street. Sheila Broussard, Pecan Street, stated that the Home Rule Charter says only administrative items can be added at the meeting. What’s the definition of administrative items? Mr. Nezat stated that anything that doesn’t require a notice to the public. Cade Cole, City Attorney, stated that it’s whatever the Council deems it to be, so they don’t have to have special meetings for routine items such as this. Motion carried unanimously. Motion was then made by Mrs. Ellender seconded by Mrs. Abshire that item 14B be added to the agenda. With no comments from the public item 14B was added to the agenda: Resolution authorizing Mayor Danahay to sign the Public Housing Agency Consolidated Plan – U.S. Department of Housing and Urban Development. Motion carried unanimously. Motion was then made by Mrs. Ellender seconded by Mrs. Abshire that on item #15C the address needs to be amended from 831 Urban Street to 631 Urban Street. Mr. Nezat asked if all the notices were posted correctly? Mrs. Blanchard, Clerk, stated yes, it was only wrong on the agenda. Motion carried unanimously. Motion was then made by Mrs. Ellender seconded by Mrs. Abshire to remove item 15D (8) and also to remove item #14: Rule to Show Cause for the condition of the following addresses: To condemn building or structure located at 810 North Claiborne Street, #8 in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. (Dru Ellender) Resolution appointing a member to the Sulphur Housing Authority. Motion carried unanimously. Motion was then made by Mrs. Abshire seconded by Mrs. Thomas that the agenda stand as amended. Motion carried unanimously. The first item on the agenda is a public hearing on ordinance granting a rezone from Residential to Business to Donnie Presutti Moss, 218 Texas Street. Mrs. Ellender stated that she’d request that the same stipulations that were placed on 102 Louisiana Avenue be placed on this property. After Mrs. Ellender read the stipulations, the property owner addressed the Council and stated that the hours of operation aren’t good with her. She does taxes and sometimes she’ll get a customer to come sign their taxes around 10:00 p.m. She also works late at night. The change of hours would only be for 222 Texas. There was then discussion to allow longer hours of operation. At this time, it was stated that this item was only for 218 Texas and not 222 Texas. The 222 Texas address would be addressed later in the agenda. James LeDoux, North Claiborne Street, asked if these rezones would revert back to Residential if she ever sells. Will she need fencing in rear.  Motion was then made by Mrs. Ellender seconded by Mrs. Abshire that the following stipulations be placed on 218 Texas Street: - Permitted uses shall be as follows: - Professional offices, financial institutions, churches, schools, libraries and museums. - That whenever an existing residential use is bounded by a less restricted use, the proposed use will install an eight (8) foot tall buffer constructed of wood or brick masonry. Furthermore, a twenty (20) foot buffer width will also be maintained that will be void of any parking apron, construction, accessory use, etc. The bufferyard is to remain free, clear and open of any obstruction. - Ingress/egress shall be from Beglis Parkway. - Parking in rear of building shall be limited to 3 employees only. - Outdoor lighting shall not be aimed, directed or focused towards any residential homes on adjacent property or nearby land. - Hours of operation shall be Monday – Friday 8:00 a.m. to 5:00 p.m. - If the development doesn’t occur within 2 years of this ordinance being adopted, it shall revert back to Residential District. - Shall provide for adequate professional building landscaping. Motion carried unanimously. Motion was then made by Mrs. Ellender seconded by Mrs. Abshire that the following ordinance be adopted to-wit: ORDINANCE NO. 1932, M-C SERIES AS AMENDED ORDINANCE GRANTING A REZONE TO DONNIE PRESUTTI MOSS, 218 TEXAS STREET, FROM RESIDENTIAL TO BUSINESS. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 218 Texas Street, from Residential to Business for the following described property: LOT 154 BLK 3 WEST POINT SUB PART C BE IT FURTHER ORDAINED that the following stipulations be placed on said property: - Permitted uses shall be as follows: Professional offices, financial institutions, churches, schools, libraries and museums.  - That whenever an existing residential use is bounded by a less restricted use, the proposed use will install an eight (8) foot tall buffer constructed of wood or brick masonry. Furthermore, a twenty (20) foot buffer width will also be maintained that will be void of any parking apron, construction, accessory use, etc. The bufferyard is to remain free, clear and open of any obstruction. - Ingress/egress shall be from Beglis Parkway. - Parking in rear of building shall be limited to 3 employees only. - Outdoor lighting shall not be aimed, directed or focused towards any residential homes on adjacent property or nearby land. - Hours of operation shall be Monday – Friday 8:00 a.m. to 5:00 p.m. - If the development doesn’t occur within 2 years of this ordinance being adopted, it shall revert back to Residential District. - Shall provide for adequate professional building landscaping. This rezone is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said rezone interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this rezone, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto. Upon approval of this rezone the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this rezone shall be withdrawn and considered null and void. BE IT FURTHEREST ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 218 Texas Street, from Residential to Business with the above stipulations.  A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said ordinance was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a public hearing on ordinance granting a rezone from Residential to Business to Donnie Presutti Moss, 220 Texas Street. Motion was made by Mrs. Ellender seconded by Mrs. Abshire that the following amendment be made to add the following stipulations: - Permitted uses shall be as follows: - Professional offices, financial institutions, churches, schools, libraries and museums. - That whenever an existing residential use is bounded by a less restricted use, the proposed use will install an eight (8) foot tall buffer constructed of wood or brick masonry. Furthermore, a twenty (20) foot buffer width will also be maintained that will be void of any parking apron, construction, accessory use, etc. The bufferyard is to remain free, clear and open of any obstruction. - Ingress/egress shall be from Beglis Parkway. - Parking in rear of building shall be limited to 3 employees only. - Outdoor lighting shall not be aimed, directed or focused towards any residential homes on adjacent property or nearby land. - Hours of operation shall be Monday – Friday 8:00 a.m. to 5:00 p.m. - If the development doesn’t occur within 2 years of this ordinance being adopted, it shall revert back to Residential District. - Shall provide for adequate professional building landscaping. Motion carried unanimously. Motion was then made by Mrs. Ellender seconded by Mrs. Abshire that the following ordinance be adopted to-wit:  ORDINANCE NO. 1933, M-C SERIES AS AMENDED ORDINANCE GRANTING A REZONE TO DONNIE PRESUTTI MOSS, 220 TEXAS STREET, FROM RESIDENTIAL TO BUSINESS. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 220 Texas Street, from Residential to Business for the following described property: LOT 155 BLK 3 WEST POINT SUB PART C BE IT FURTHER ORDAINED that the following stipulations be placed on said property: - Permitted uses shall be as follows: - Professional offices, financial institutions, churches, schools, libraries and museums. - That whenever an existing residential use is bounded by a less restricted use, the proposed use will install an eight (8) foot tall buffer constructed of wood or brick masonry. Furthermore, a twenty (20) foot buffer width will also be maintained that will be void of any parking apron, construction, accessory use, etc. The bufferyard is to remain free, clear and open of any obstruction. - Ingress/egress shall be from Beglis Parkway. - Parking in rear of building shall be limited to 3 employees only. - Outdoor lighting shall not be aimed, directed or focused towards any residential homes on adjacent property or nearby land. - Hours of operation shall be Monday – Friday 8:00 a.m. to 5:00 p.m. - If the development doesn’t occur within 2 years of this ordinance being adopted, it shall revert back to Residential District. - Shall provide for adequate professional building landscaping. This rezone is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said rezone interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this rezone, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto. Upon approval of this rezone the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone.  No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this rezone shall be withdrawn and considered null and void. BE IT FURTHEREST ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 220 Texas Street, from Residential to Business with the above stipulations. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said ordinance was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a public hearing on ordinance granting a rezone from Residential to Business to Donnie Presutti Moss, 222 Texas Street. There was discussion on hours of operation for this address as stated in item #1 concerning her tax business. Motion was then made by Mrs. Ellender seconded by Mrs. Thomas that the following stipulations be placed on property: - Permitted uses shall be as follows: - Professional offices, financial institutions, churches, schools, libraries and museums. - That whenever an existing residential use is bounded by a less restricted use, the proposed use will install an eight (8) foot tall buffer constructed of wood or brick masonry. Furthermore, a twenty (20) foot buffer width will also be maintained that will be void of any parking apron, construction, accessory use, etc. The bufferyard is to remain free, clear and open of any obstruction. - Ingress/egress shall be from Beglis Parkway. - Parking in rear of building shall be limited to 3 employees only. - Outdoor lighting shall not be aimed, directed or focused towards any residential homes on adjacent property or nearby land. - Hours of operation shall be Monday – Saturday 8:00 a.m. – 5:00 p.m. with the exception of Professional Services which will end at 10:00 p.m.  - If the development doesn’t occur within 2 years of this ordinance being adopted, it shall revert back to Residential District. - Shall provide for adequate professional building landscaping. Motion carried unanimously. Motion was then made by Mrs. Abshire seconded by Mrs. Thomas that the following ordinance be adopted to-wit: ORDINANCE NO. 1934, M-C SERIES AS AMENDED ORDINANCE GRANTING A REZONE TO DONNIE PRESUTTI MOSS, 222 TEXAS STREET, FROM RESIDENTIAL TO BUSINESS. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 222 Texas Street, from Residential to Business for the following described property: LOT 156 BLK 3 WEST POINT SUB PART C BE IT FURTHER ORDAINED that the following stipulations be placed on said property: - Permitted uses shall be as follows: - Professional offices, financial institutions, churches, schools, libraries and museums. - That whenever an existing residential use is bounded by a less restricted use, the proposed use will install an eight (8) foot tall buffer constructed of wood or brick masonry. Furthermore, a twenty (20) foot buffer width will also be maintained that will be void of any parking apron, construction, accessory use, etc. The bufferyard is to remain free, clear and open of any obstruction. - Ingress/egress shall be from Beglis Parkway. - Parking in rear of building shall be limited to 3 employees only. - Outdoor lighting shall not be aimed, directed or focused towards any residential homes on adjacent property or nearby land. - Hours of operation shall be Monday – Saturday 8:00 a.m. – 5:00 p.m. with the exception of Professional Services which will end at 10:00 p.m. - If the development doesn’t occur within 2 years of this ordinance being adopted, it shall revert back to Residential District.  - Shall provide for adequate professional building landscaping. This rezone is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said rezone interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this rezone, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto. Upon approval of this rezone the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this rezone shall be withdrawn and considered null and void. BE IT FURTHEREST ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 222 Texas Street, from Residential to Business. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said ordinance was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a public hearing on ordinance granting a rezone from Residential to Business to Donnie Presutti Moss, 224 Texas Street. Motion was made by Mrs. Ellender seconded by Mrs. Abshire that the following stipulations be placed on the property: - Permitted uses shall be as follows: - Professional offices, financial institutions, churches, schools, libraries and museums. - That whenever an existing residential use is bounded by a less restricted use, the proposed use will install an eight (8) foot tall buffer constructed of wood or brick masonry. Furthermore, a twenty (20) foot buffer width will also be maintained that will be void of any  parking apron, construction, accessory use, etc. The bufferyard is to remain free, clear and open of any obstruction. - Ingress/egress shall be from Beglis Parkway. - Parking in rear of building shall be limited to 3 employees only. - Outdoor lighting shall not be aimed, directed or focused towards any residential homes on adjacent property or nearby land. - Hours of operation shall be Monday – Friday 8:00 a.m. to 5:00 p.m. - If the development doesn’t occur within 2 years of this ordinance being adopted, it shall revert back to Residential District. - Shall provide for adequate professional building landscaping. Motion carried unanimously. Motion was then made by Mrs. Ellender seconded by Mrs. Thomas that the following ordinance be adopted to-wit: ORDINANCE NO. 1935, M-C SERIES AS AMENDED ORDINANCE GRANTING A REZONE TO DONNIE PRESUTTI MOSS, 224 TEXAS STREET, FROM RESIDENTIAL TO BUSINESS. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 224 Texas Street, from Residential to Business for the following described property: LOT 157 BLK 3 WEST POINT SUB PART C BE IT FURTHER ORDAINED that the following stipulations be placed on said property: - Permitted uses shall be as follows: - Professional offices, financial institutions, churches, schools, libraries and museums. - That whenever an existing residential use is bounded by a less restricted use, the proposed use will install an eight (8) foot tall buffer constructed of wood or brick masonry. Furthermore, a twenty (20) foot buffer width will also be maintained that will be void of any parking apron, construction, accessory use, etc. The bufferyard is to remain free, clear and open of any obstruction. - Ingress/egress shall be from Beglis Parkway. - Parking in rear of building shall be limited to 3 employees only.  - Outdoor lighting shall not be aimed, directed or focused towards any residential homes on adjacent property or nearby land. - Hours of operation shall be Monday – Friday 8:00 a.m. to 5:00 p.m. - If the development doesn’t occur within 2 years of this ordinance being adopted, it shall revert back to Residential District. - Shall provide for adequate professional building landscaping. This rezone is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said rezone interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this rezone, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto. Upon approval of this rezone the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this rezone shall be withdrawn and considered null and void. BE IT FURTHEREST ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 224 Texas Street, from Residential to Business. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said ordinance was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman  The next item on the agenda is a public hearing on ordinance amending and re-adopting the General Fund Budget for Fiscal Year ending June 30, 2023-2024 to reflect a $3 million decrease in Intergovernmental Revenue due to over budgeting FEMA reimbursements in 2023-2024. Mrs. Thorn, Director of Finance, stated that we didn’t receive FEMA money yet, so we need to amend the previous budget, or we’ll get a Finding from the Legislative Auditor. After discussion motion was made by Mrs. Abshire seconded by Mrs. Thomas that the following ordinance be adopted to-wit: ORDINANCE NO. 1936, M-C SERIES AN ORDINANCE AMENDING AND RE-ADOPTING THE GENERAL FUND BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2023-2024 TO REFLECT A $3 MILLION DECREASE IN INTERGOVERNMENTAL REVENUE DUE TO OVER BUDGETING FEMA REIMBURSEMENTS IN 2023-2024. BE IT ORDAINED by the City of Sulphur, Louisiana, through its governing body, the City Council of the City of Sulphur, Louisiana, as follows: SECTION 1. That the General Fund Budget of the City of Sulphur, Louisiana, for the fiscal year ending June 30, 2023-2024, heretofore adopted by the City Council, be and the same is hereby amended and re-adopted in accordance with “Exhibit A” attached hereto and made a part hereof. SECTION 2. All ordinances and resolutions or parts thereof in conflict herewith be and the same are hereby repealed. BE IT FURTHER ORDAINED that this Ordinance shall become effective upon approval by the Mayor. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said ordinance was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is an introduction of ordinance authorizing Mayor Danahay to enter into a Cooperative Endeavor Agreement with Calcasieu Parish Public Safety Communications District for GIS Pictometry. Motion was made by Mrs. Abshire seconded by Mrs. Ellender that the following ordinance be introduced: ORDINANCE AUTHORIZING MAYOR DANAHAY TO ENTER INTO A COOPERATIVE ENDEAVOR AGREEMENT WITH CALCASIEU PARISH PUBLIC SAFETY COMMUNICATIONS DISTRICT FOR GIS PICTOMETRY. Motion was then made by Mrs. Abshire seconded by Mrs. Ellender that the said ordinance be filed and remain on file with the Clerk of the Council, in final form, for public inspection and that the Mayor is hereby authorized and instructed to publish the Public Notice of Introduction of the above proposed ordinance in the “American Press”, the official journal of the City of Sulphur, Louisiana, and that the said Notice of Introduction of the above ordinance is substantially in the following form: PUBLIC NOTICE PUBLIC NOTICE is hereby given, in accordance with Section 2-12B of the Home Rule Charter of the City of Sulphur, the following ordinance: ORDINANCE AUTHORIZING MAYOR DANAHAY TO ENTER INTO A COOPERATIVE ENDEAVOR AGREEMENT WITH CALCASIEU PARISH PUBLIC SAFETY COMMUNICATIONS DISTRICT FOR GIS PICTOMETRY. A public hearing on said ordinance will be held at 5:30 p.m. on the 12th day of November, 2024, in the Council Chambers at their temporary location, 1551 East Napoleon Street, Sulphur, Louisiana. CITY OF SULPHUR, LOUISIANA BY:________________________________ NICK NEZAT, Chairman Motion carried unanimously. The next item on the agenda is an introduction of ordinance amending Ordinance No. 1469, M-C Series to enter into a First Amendment and Restatement of Servitude Agreements between the Lake Charles Harbor and Terminal District and the City of Sulphur and authorizing Mayor Danahay to execute documents related thereto. Cindy Robertson, West Verdine, addressed the Council and showed concern about huge amounts of pollutants that will be in our air. These pollutants run through our pipelines that run throughout Sulphur. Motion was then made by Mrs. Abshire seconded by Mrs. Ellender that the following ordinance be introduced:  ORDINANCE AMENDING ORDINANCE NO. 1469, M-C SERIES TO ENTER INTO A FIRST AMENDMENT AND RESTATEMENT OF SERVITUDE AGREEMENTS BETWEEN THE LAKE CHARLES HARBOR AND TERMINAL DISTRICT AND THE CITY OF SULPHUR AND AUTHORIZING MAYOR DANAHAY TO EXECUTE DOCUMENTS RELATED THERETO. Motion was then made by Mrs. Abshire seconded by Mrs. Ellender that the said ordinance be filed and remain on file with the Clerk of the Council, in final form, for public inspection and that the Mayor is hereby authorized and instructed to publish the Public Notice of Introduction of the above proposed ordinance in the “American Press”, the official journal of the City of Sulphur, Louisiana, and that the said Notice of Introduction of the above ordinance is substantially in the following form: PUBLIC NOTICE PUBLIC NOTICE is hereby given, in accordance with Section 2-12B of the Home Rule Charter of the City of Sulphur, the following ordinance: ORDINANCE AMENDING ORDINANCE NO. 1469, M-C SERIES TO ENTER INTO A FIRST AMENDMENT AND RESTATEMENT OF SERVITUDE AGREEMENTS BETWEEN THE LAKE CHARLES HARBOR AND TERMINAL DISTRICT AND THE CITY OF SULPHUR AND AUTHORIZING MAYOR DANAHAY TO EXECUTE DOCUMENTS RELATED THERETO. A public hearing on said ordinance will be held at 5:30 p.m. on the 12th day of November, 2024, in the Council Chambers at their temporary location, 1551 East Napoleon Street, Sulphur, Louisiana. CITY OF SULPHUR, LOUISIANA BY:________________________________ NICK NEZAT, Chairman Motion carried unanimously. The next item on the agenda is a resolution awarding low bid received for 2024 Overlay Project. Motion was made by Mrs. Abshire seconded by Mrs. Thomas that the following resolution be adopted to-wit: RESOLUTION NO. 3607, M-C SERIES Resolution awarding low bid received for 2024 Street Overlay. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that bids for 2024 Street Overlay were opened and read aloud in an open and public bid session on Tuesday, October 8, 2024, at 10:00 a.m. and bids were as follows: CONTRACTOR TOTAL BASE BID Alternate Bid Total Base + Alt. #1 Apeck Construction, LLC $798,276.66 $34,637.45 $832,914.11 R.C. Paving, Inc. $921,480,24 $24,977.50 $946,457.74 R.E. Heidt Construction Co., LLC $1,010,371.45 $29,998.37 $1,040,369.82 BE IT FURTHER RESOLVED that the City Council does hereby accept the recommendation of Mayor Mike Danahay and award the bid for 2024 Street Overlay as follows (contingent upon receipt of the 10 Day Forms): CONTRACTOR TOTAL BASE BID Alternate Bid Total Base + Alt. #1 Apeck Construction, LLC $798,276.66 $34,637.45 $832,914.11 BE IT FURTHER RESOLVED that Mayor Mike Danahay is authorized to sign all paperwork in connection therewith. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said resolution was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a resolution adopting the bylaws for the Sulphur Armed Forces Commission. Gerrit Lawrence, Commander for the Armed Forces Commission, stated that this Commission extends services to all veterans. They have gotten benefits for several veterans. If there’s any veteran that needs assistance with benefits, he urges them to contact the Armed Forces Commission. They also need more members to join. Motion was made by Mrs. Ellender seconded by Mrs. Abshire that the following resolution be adopted to-wit:  RESOLUTION NO. 3608, M-C SERIES Resolution adopting the bylaws for the Sulphur Armed Forces Commission. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby adopt the following bylaws for the SULPHUR ARMED FORCES COMMISSION. SULPHUR ARMED FORCES COMMISSION BYLAWS Article I The name of the Commission will be the SULPHUR ARMED FORCES COMMISSION. Article II The purpose of the COMMISSION is to act as a liaison group to promote the importance of our military veterans (Active, Inactive and Retired) in the City of Sulphur. They will interact with the local area Armed Forces and local veterans (Active, Inactive and Retired) to promote goodwill, assistance and understanding between the City of Sulphur within the active, inactive, and retired military community. Article III The COMMISSION will be comprised of five (5) appointed members, appointed by the Sulphur City Council. Each district will have one appointment for a total of (5) five appointed members of the commission. It will be the responsibility of the five (5) appointed members to act as liaison to their respective council members. This will ensure the council members are informed of the actions of the Sulphur Armed Forces Commission, as well as special projects of the commission Article 1V In addition to the five (5) appointed members the SULPHUR ARMED FORCES COMMISSION will be open to all veterans (active, inactive and retired) as well as individuals interested in promoting goodwill between the civilian and military communities. The prospective members (preposed) will be approved by the sitting board officers of the SULPHUR ARMED FORCES COMMISSION. Article V SULPHUR ARMED FORCES COMMISSION appointed members will serve for a period of four (4) years to run in conjunction with Sulphur City Council Election and may be reappointed by the Sulphur City Council. Should a member be unable to serve his or hers appointed tenure in an active manner, he or she will submit a letter of resignation to the Sulphur City Council and another person will be appointed by the Sulphur City Council to serve with the approval of the City Council member who made the original appointment. Article VI At the first meeting of each year, the Armed Forces COMMISSION will appoint an executive board. The executive board will consist of the following: o The COMMANDER will oversee and direct the overall operation of the COMMISSION.  o Vice COMMANDER will oversee and direct the program of activities as well as assist the secretary in disseminating any pertinent information to the members at large o Second Vice COMMANDER will serve as Chaplain and oversee as well as direct the public relations and public information activities of the COMMISSION. o The Secretary-Treasurer will oversee and direct the recording of all meetings and finances of the COMMISSION. Article VII The commander will serve as representative from the COMMISSION and serve as the primary liaison to the Sulphur City Council. Article VIII The members at large will be informed about the meeting dates and agendas by the Vice Commander and Secretary in any manner required to keep the membership at large informed of the commission's projects, special events and activities. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said resolution was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a resolution appointing a member to the Sulphur Industrial Development Board. Mrs. Ellender stated that Donna Brown served on the Industrial Board for many, many years and she thanked her for serving her city. Motion was made by Mrs. Ellender seconded by Mrs. Thomas that the following resolution be adopted to-wit: RESOLUTION NO. 3609, M-C SERIES Resolution appointing Bill LeBlanc to the Sulphur Industrial Development Board. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby appoint Bill LeBlanc to the Sulphur Industrial Development Board which term will expire October 2029.  A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said resolution was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a resolution authorizing the advertisement of bids for the temporary fire station. Mayor Danahay stated that Central fire station moved across from the old City Hall years agon when the station got torn down. They moved into the old warehouse and it’s in deplorable condition, so they moved to Southside fire station. The north side of the city needs more protection, so they’ll be upgrading what is there. Motion was then made by Mrs. Abshire seconded by Mrs. Thomas that the following resolution be adopted to- wit: RESOLUTION NO. 3610, M-C SERIES Resolution authorizing the advertisement of bids for temporary fire station. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize advertisement for bids for the temporary fire station, said bid to be in accordance with the quantities and specifications on file with the Meyer & Associates. General Notice Separate sealed Bids for Sulphur Temporary Fire Station, City of Sulphur; M.A. Project No. H1-24022-DA will be received by the Mayor and City Council, at the City Hall, 101 N. Huntington Street, Sulphur, Louisiana 70663 until 10:00 a.m. (Central Standard Time), on Thursday, November 14, 2024, and shall at the time and place be publicly opened and read aloud. Scope of work includes the renovation of an existing building for the Temporary Fire Station as detailed on the plan drawings and specified in the Technical Provisions. Work Classification Work Classification: Building Construction Obtaining the Bidding Documents Electronic copies of the Bidding Documents may be obtained from the Issuing Office of Meyer & Associates, Inc. (337) 625-8353, located at 600 N. Cities Service Hwy., Sulphur, LA 70663. A Bidding Document deposit is not required. In order to submit a bid, Bidders must obtain an original set of electronic Bidding Documents from Meyer & Associates, Inc. for the approved electronic bid website defined herein said advertisement. Access to electronic bidding is available through the Bidding Documents Website http://www.centralbidding.com. Pre-bid Conference A Non-Mandatory pre-bid conference will be held on October 30, 2024, at 10:00 a.m. at the Project Site, which is located at 600 Live Oak, Sulphur, LA 70663. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said resolution was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a resolution authorizing Mayor Danahay to sign the 2024 Byrne Jagg grant application to fund replacing end of life Cellebrite Phone Forensics Laptop. Motion was made by Mrs. Abshire seconded by Mrs. Ellender that the following resolution be adopted to-wit: RESOLUTION NO. 3611, M-C SERIES Resolution authorizing Mayor Mike Danahay to sign the Edward Byrne Jagg Grant (JAG) application to fund replacing end of life for Cellebrite Phone Forensics Laptop. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize Mayor Mike Danahay to sign the Edward Byrne Jagg Grant (JAG) application to fund replacing end of life for Cellebrite Phone Forensics Laptop. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said resolution was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a resolution approving liquor license for Sulphur Parks and Recreation Frasch Golf Course, located at 933 West Parish Road. Mrs. Abshire stated that this license was for the golf course. Motion was made by Mrs. Abshire seconded by Mrs. Thomas that the following resolution be adopted to-wit: RESOLUTION NO. 3612, M-C SERIES Resolution approving liquor license Sulphur Parks and Recreation Frasch Golf Course, located at 933 West Parish Road. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby approve liquor license for Sulphur Parks and Recreation Frasch Golf Course, located at 933 West Parish Road. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said resolution was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a resolution accepting Substantial Completion for Post Oak Road – Division Street to Burton Street. Motion was made by Mrs. Ellender seconded by Mrs. Thomas that the following resolution be adopted to-wit: RESOLUTION NO. 3613, M-C SERIES Resolution accepting Substantial Completion for Post Oak Road – Division Street to Burton Street. WHEREAS, the City of Sulphur contracted with Prairie Contractors, LLC to complete the State Project No. H.014370 for Post Oak Road – Division Street to Burton Street in accordance with the current bid laws of the State of Louisiana, including, but not limited to R.S. 38:2211 et seq; and WHEREAS, the contract between the City of Sulphur and Prairie Contractors, LLC has been successfully completed and is hereby accepted by the City of Sulphur effective September 16, 2024. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby accept Substantial Completion for Post Oak Road – Division Street to Burton Street. A vote was then called with the results as follows:  YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said resolution was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is a resolution authorizing Mayor Danahay to sign the Public Housing Agency Consolidated Plan – U.S. Department of Housing and Urban Development. Motion was made by Mrs. Thomas seconded by Mrs. Abshire that the following resolution be adopted to-wit: RESOLUTION NO. 3614, M-C SERIES Resolution authorizing Mayor Danahay to sign the Public Housing Agency Consolidated Plan – U.S. Department of Housing and Urban Development. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize Mayor Danahay to sign the Public Housing Agency Consolidated Plan – U.S. Department of Housing and Urban Development. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Nezat, Mrs. Abshire, Mrs. Thomas NAYS: None ABSENT: Mrs. Hardy And the said resolution was declared duly adopted on this 15th day of October, 2024. ATTEST: __________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman The next item on the agenda is Rule to Show Cause for the condition of the following addresses: a. To condemn building or structure located at 1404 Peachtree Road, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. Mrs. Abshire stated that she’s been working closely with the homeowner on this, and they’ve made great progress. Motion was made by Mrs. Abshire seconded by Mrs. Thomas that the above address be tabled to the November, 2024 Council meeting. Motion carried unanimously. b. To condemn building or structure located at 807 Live Oak Street, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. Motion was made by Mrs. Ellender seconded by Mrs. Thomas that the above address be condemned. Motion carried unanimously. c. To condemn building or structure located at 631 Urban Street, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. Motion was made by Mrs. Ellender seconded by Mrs. Abshire that the above address be condemned. Motion carried. d. To condemn building or structure located at 810 North Claiborne, #1, and #19, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. Richard Baggett, owner, stated that he needs 60 more days to clean it out. He’s spent $50,000 already cleaning up the park. His intentions are to get the park full again. James LeDoux, North Claiborne Street, stated that he lives next door to the park and the park is deteriorating. It does look better but more needs to be done. Trailer #8 needs to be boarded up because vagrants are in there. Motion was made by Mrs. Ellender seconded by Mrs. Thomas that the above address be condemned but give owner until the end of November and if work isn’t done, he’ll be placed back on December agenda. Motion carried unanimously. e. To condemn building or structure located at 113 Arkansas Street, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. After much discussion, motion was made by Mrs. Abshire seconded by Mrs. Thomas that the above address be tabled to the December, 2024 Council agenda if issue isn’t resolved. Motion carried unanimously. The next item on the agenda is Rule to Show Cause FOR DEAD OR DISEASED TREE REMOVAL on private property for the following addresses: a. To remove dead or diseased tree located at 222 Madison Street, in accordance with Chapter 17, Article I of the Code of Ordinances.  Jake Stewart, owner, stated that he signed an authorization form in March for Entergy to cut it down. Mr. Nezat stated that since the hurricanes in Florida and other eastern states, it may be a while before Entergy crews return to this area for this sort of job. Motion was made by Mrs. Thomas seconded by Mrs. Abshire that the above address be tabled to the November, 2024 Council meeting. Motion carried unanimously. The next item on the agenda is Public to Address Council. Cindy Robertson, West Verdine, asked when Sulphur’s Master Plan would be updated since it’s out of date. Danny DiPetta, Bonin Drive, stated next Monday Land Use will be voting to de-annex property west of Prater Road, north of railroad tracks. He urges everyone to vote no on this de-annexation. There being no further business to come before the Council, the Chairman declared the meeting adjourned. ATTEST: ______________________________ ______________________________ ARLENE BLANCHARD, Clerk NICK NEZAT, Chairman 10/15/24 7:00 P.M.