Stormwater Management in Calcasieu Parish 2.0

Transcription

1 Stormwater Management in Calcasieu Parish 2.0 A Study Commissioned by the Calcasieu Parish Police Jury Prepared by: The Office of the Administrator Calcasieu Parish Police Jury October, 2018

2 When you change the way you look at things, the things you look at change. ~ Wayne Dyer

3 MEMORANDUM TO: Members of the Police Jury FROM: Bryan C. Beam, Parish Administrator DATE: October 11, 2018 SUBJECT: Stormwater Management in Calcasieu Parish 2.0 The growth in population in unincorporated areas of Calcasieu Parish over the past ten to fifteen years has put tremendous demands on the Police Jury and other public entities in terms of added infrastructure needs. One area that has been greatly impacted is the parish s drainage system, also referred to as a stormwater system. On May 7, 2015, the Police Jury unanimously approved and adopted a Drainage Mission, Guiding Principles and Policy Objectives to guide staff with an ultimate goal of accomplishing comprehensive improvements to drainage and watershed management in Calcasieu Parish. Through this process, we learned that expansions in development in previously undeveloped areas, commonly known as urbanization, have significant impacts on the drainage system. We also learned that changes made to one area of the system will often impact other areas within the system. It is critical to consider the changing landscape in compliance requirements and approaches to regional watershed management at both the State and Federal levels. The current system of drainage management in this Parish is inadequate to meet the challenges we face today and into the future. Multiple parties, including public agencies and departments, private developers, industries, residents, businesses and others all impact the drainage system. Ignoring the need for changes in any one area of drainage management will prove detrimental to the overall parishwide drainage system. The emphasis from the beginning has been to address all areas of this complex system, including sound drainage ordinances, effective capital planning and project implementation, and efficient management of drainage infrastructure and maintenance. Significant progress has been made on the first two areas, and this study will provide an in-depth review and set of recommendations for a third critical element, maintenance practices and management of the drainage lateral system. We hope that the information and analysis included in the report will help you in your policy decisions regarding this critically important public service. BCB/acg [Enclosure] i

4 CALCASIEU PARISH DRAINAGE MAINTENANCE STUDY TABLE OF CONTENTS Administrator s Cover Letter... i Table of Contents... ii I. Introduction: Calcasieu Parish A Story of Growth and its Impacts.. 1 II. General Profile of Police Jury Drainage Operations... 3 III. Profile of the Gravity Drainage District Maintenance System... 9 A. General Profile B. Financial Profile C. Internal Administrative Policy Profile D. Internal Administrative Policy Recommendations IV. What are Effective Drainage Maintenance Practices? A. Day-to-Day and Long Term Best Practices B. Watershed Based Floodplain Management V. Evaluating the Current Drainage Maintenance System in Light of Best Practices VI. Recommendations for Effectively Managing Drainage in Calcasieu Parish Appendix Exhibits Exhibit 1: Exhibit 2: Exhibit 3: Gravity Drainage Districts Specific Provisions of Louisiana Law Executive Order Number JBE : Louisiana Watershed Based Floodplain Management Coordination Louisiana Watershed Initiative: A Long-Term Vision for Statewide Sustainability and Resilience ii

5 I. Introduction: Calcasieu Parish A Story of Growth and its Impacts It is important to note that since the time of the 2005 drainage study commissioned by the Police Jury, Calcasieu Parish has for the most part recovered from the devastating effects of Hurricane Rita. Further, our parish has experienced tremendous growth since that time, with much of the industrial growth and urbanization occurring rapidly over the past five years and continuing today. The effects of growth and urbanization can bring a multitude of benefits to a metropolitan area, particularly economic benefits. According to an annual study performed for the entire state by Dr. Loren Scott of the Louisiana Economic Outlook, employment in our area set a regional record in 2014 for the first time since In 2015, employment passed the 100,000 mark for the first time in our history, on our way to becoming the fourth largest metropolitan statistical area (MSA) in the State of Louisiana. We are expected to continue in our role as the fastest growing MSA in the state, with the forecasted addition of 4,000 jobs in 2019 and another 5,300 jobs in As of this year, the unemployment rate in Calcasieu Parish was 3.7%, second only to Cameron at 3.4% in the State of Louisiana. Our MSA has now been the fastest growing in the state for five straight years, adding 20,500 jobs in the process, and expanding 5.1% a year, and was actually the fastest growing MSA in the nation over This statistic has never been seen back-to back at this level in the entire state. Industrial growth resulting from $117 billion in announced projects, with $56 billion of this amount already constructed or underway, certainly stimulates the local economy, but it does come with some significant demands on public infrastructure both directly and indirectly from the effects of such economic growth. Our area has seen continued strain on our municipal, parish and state roads and highways, as well as other infrastructure such as waterworks and sewerage. However, the most heavily impacted infrastructure has been the parishwide drainage systems. Due to increased issues associated with heavy rain events that continue to overload our overall drainage systems parishwide, the Calcasieu Parish Police Jury has taken several measures detailed in this report to improve the overall drainage system and maintenance of that system in order to better handle heavy rain events throughout our Parish both in the short and long term. In addition to these efforts, the Police Jury has authorized an operational assessment phase of study with the following approach and objectives: 1

6 Updated profiles of the current gravity drainage district system (map, millages, budgets, etc.) Review of Drainage District maintenance operations Review of drainage district internal administrative operations in various areas (Finance, Human Resources, Risk Management, etc.) Review of the drainage district structure in the Parish Recommendations on how the management of drainage can be improved Parishwide and at the District level This report addresses each of these objectives. 2

7 II. General Profile of Police Jury Drainage Operations Before providing an updated profile of the gravity drainage district structure, it is important to consider the current approach and level of operation within the Calcasieu Parish Police Jury, particularly as it relates to drainage maintenance and capital improvements. It is also important to recognize the evolutions that have occurred within the Calcasieu Parish Police Jury s policies, operations, and management structures, with the ultimate goal of improving the parish s drainage management system, and to also look at the more comprehensive approach that has been taken and supported by the Police Jury over the last five years. There are various levels of drainage maintenance performed by the Police Jury, which often intertwine. However, for the sake of brevity, these have been broken down into three general categories, all of which pertain to maintenance of roadside ditches in unincorporated areas of the parish. 1. Systematic Regular Maintenance of the System a. Mowing b. Spraying c. Ditching d. Flushing of Culverts e. Debris Removal f. Erosion Control Measures g. Minor system upgrades and updates 2. Response Driven Work requests (can be generated internally and externally) 3. Event/Disaster Preparation, Event/Disaster Response, and Event/Disaster Recovery of Drainage Systems All of these categories, particularly regarding monitoring and inspecting in developed areas and activities related to storm events, are in line with the periodic inspection procedures needed to obtain various credits through the drainage system maintenance section of FEMA s National Flood Insurance Program Community Rating System (CRS), which in turn helps provide discounts on flood insurance premiums for residents. 1. Systematic Regular Maintenance of the System (daily scheduled work orders) There are more than 1,200 miles of roadway in the Parish-maintained system, which is approximately 6.34 million linear feet that needs to be monitored and maintained. Roadside ditches on either side of the roadways that need to be monitored and 3

8 maintained total million linear feet. The goal of this maintenance category is to keep roadside ditches free and clear of excessive vegetation, and to identify problems, issues, or plugs that exist in the system that need to be addressed. The Calcasieu Parish Police Jury has crews specifically designated to mowing and spraying, on a systematic schedule three times a year or more. Crews will mow sections throughout the Parish as scheduled, and approximately 7-14 days later will follow those previously mowed sections by spraying them to better maintain the system. The Police Jury has various crews assigned to specific areas of the Parish to ensure that all areas are maintained, and these crews are dedicated to completing scheduled drainage system work year in and year out. Mowing, spraying, and associated timing are performed to National Roadside Vegetation Management Association (NRVMA) standards and recommendations. It is important to note that this systematic maintenance of the drainage system is a good way for the staff and crews to regularly identify hotspots thought the Parish that may need to be revisited on a more regular basis throughout the year, or that may need capital improvement, flushing, clearing, etc. Work orders generated as part of this systematic regular maintenance are commonly referred to as daily scheduled work orders. On an annual basis approximately 14,000 18,000 drainage-related work orders of this nature are completed. 2. Response Driven Work Requests Work Requests are additional work orders generated both internally and externally, and have resulted in approximately 1,300 1,500 additional drainage related requests on an annual basis since These may consist of additional mowing and spraying, flushing, ditching, repairing of culverts, tree clearing, right-of-way clearing, repairing grade, or other issues that negatively impact the overall system. This remains a critical component in addition to the other methods of drainage maintenance. Flush crews work according to regular maintenance schedules. However, they may adjust and respond as needed to reported issues and work orders. Requests and call-ins are handled on a case-by-case basis, but generally follow the same process of evaluation and response: Receive the report, request, complaint, etc. 4

9 Create a Work Order Identify the area Evaluate and assess for issues that may be negatively impacting the system, whether at the point reported, or at another point upstream/downstream of the system that may be causing the problem. Prioritize the Work Order upon assessment Identify the work needed to fix the issue Implement solution Solutions may be a simple clearing of debris or object that is creating a blockage, which enables workers to address the problem on the same day, or it may be a more complicated issue like the need to repair a collapsed culvert, which can take a bit more time. The timing of this process can vary from same-day-fix to capital project, and therefore each issue must be dealt with on a case-by-case basis. 3. Event/Disaster Preparation, Response, and Recovery of Drainage Systems This category is related to heavy rain events, storms, hurricanes or any other weather event that may result in large impacts to the Parish s drainage systems. In these cases, resources and crews are redirected from other work or projects to clear culverts and hot spots that generally have issues during heavy rain events. More resources are directed prior to the storm to prepare for potential impacts. Work continues during the event only if conditions allow safe work environments. Further, resources will remain as needed after the event to recover and repair damage to the system caused by a rain event. This process has long been established, and happens in a systematic way given that heavy rain events and storms, particularly during high risk seasons, are common in our area. Also, since the inception of the Police Jury s Office of Stormwater and Watershed Management, staff from that department, if not already in the field, go out to inspect system conditions and performance during these events to help minimize damage to property. The goal is to identify areas that are not performing properly, are inadequate to meet demand, and also to update information on hot spots that may not have been previously identified to include in future preparation by crews, response and recovery related to these events. They are also in the field to lead or assist crews, or take on challenges that may be occurring in real time, and that can be resolved to optimize performance of the system and minimize damage to property. Calcasieu Parish Police Jury Office of Stormwater and Watershed Management In 2015 the Police Jury authorized and began funding an Office of Stormwater and Watershed Management (OSWM) to improve responsiveness to drainage related 5

10 maintenance complaints. This office is also tasked with completing in-house drainage and safety related projects parishwide. The staff is led by a chief senior engineer to oversee all office operations, and the office is part of the Division of Engineering and Public Works. In addition, the OSWM is focused on overall watershed management tasks, including maintaining the Parish Flood Alert System, development of 2D hydraulic models for parish watersheds, preparing drainage studies for high priority Drainage Coalition Projects, organizing and managing the Drainage Capital Improvement Program for Major Watershed Laterals, and designing projects to enhance the performance and safety of the Parish roadside drainage system. After consultation with all Parish municipalities and Gravity Drainage Districts, the Calcasieu Parish Drainage Coalition was established in 2016, and is comprised of all of these entities. The OSWM coordinates all activities of the coalition with a parishwide approach in mind and goals of gathering data on operations and maintenance, identifying capital projects to evaluate for implementation, and identifying funding needs. All efforts are to be coordinated with other existing capital improvement projects parishwide. Capital Projects and Funding Note: The financial representations contained in this section are independent of capital improvement projects funded through the Road and Drainage Trust Fund, which is a $1 million annual matching funds allocation to road and drainage projects in municipalities and drainage districts, and is discussed in the financial profiles section of this study. In addition to general maintenance, operations, and management described above, it has long been acknowledged that additional resources would need to be directed toward drainage management from a capital improvement perspective. The public engagement process during the drainage ordinance development phase, and subsequent adoption in 2017 by the Police Jury of the recommended ordinance updates for development to reduce the impacts on the drainage system, further reinforced this need, and has driven the capital projects portion of the Police Jury s budget for drainage improvements into overdrive. The Police Jury has committed and has already begun to shift more resources and funds from its Road and Drainage Property Tax and Sales Tax proceeds to fund the Drainage Capital Improvement Program. State and Federal grants that become available and any impact fee implementation by the Police Jury are to be used for regional detention and major capital projects. Through the Office of Stormwater and Watershed Management and the Drainage Coalition, and modeled after the highly successful Parish s Road Capital 6

11 Improvement program, the Police Jury authorized the development of an ongoing Drainage Capital Improvement Program. Much of this work is coordinated with the Engineering Department s annual schedule for roadway overlays and maintenance. The Drainage Capital Improvement Program was approved by the Police Jury in the 2018 adopted budget. For 2018, the Police Jury allocated approximately $17.5 million for stormwater capital projects, which is based on engineering estimates of identified and planned projects parishwide. The program is broken into three main categories: 1. Regional watershed management studies and projects for flood hazard reduction; 2. Street level flow capacity upgrade projects where known flow capacity problems exist and are creating property damage; 3. Street level minimum standard projects, which are road preparation projects that are tied to the annual schedule for roadway overlays and maintenance. An example of how the preparation portion of this program works in conjunction with the annual roadway program consists of Public Works reviewing the 2019 Capital Improvement Plan scheduled for 2018, and ensuring that all necessary drainage improvements along those scheduled road improvements are completed in the year prior to the overlay work being done. This preparation work process has been used long before However, due to the increased need and scope of maintaining the drainage system, it now has a dedicated fund, stormwater capital, to be included within each year s budget for these projects. This is yet another example of the Police Jury s internal shift in approach and funding for drainage management and maintenance to a Parishwide approach that incorporates the Police Jury s Road Capital Improvement Program. This pairing of programs in turn increases the efficiency with which the overall system operates and with which projects that directly impact one another are implemented. Regional Watershed Planning and Strategic Analysis On November 2, 2017 the Police Jury approved the staff s recommendation of utilizing a consulting team led by CH Fenstermaker and Associates, LLC, and includes Deltares-USA, and the Water Institute of the Gulf, for professional services including modeling, planning, and engineering services for Regional Watershed Planning and Strategic Analysis in Calcasieu Parish. In 2018, the Parish has led an effort to expand the scope of this plan to additionally develop an advanced urban flash flood forecasting and warning system, including 7

12 storm surge components, utilizing the Contraband Bayou Watershed as the pilot study location. The initiatives and programs already taken by the Police Jury will result in significant positive drainage system impacts for decades to come. 8

13 III. Profile of the Gravity Drainage District Maintenance System A. General Profile The management of drainage in the parish is handled by several different public agencies. These include public works departments at the Police Jury and within cities. It also includes gravity drainage districts, who primarily handle maintenance of drainage laterals. The gravity drainage district system in Calcasieu Parish is comprised of seven distinct districts whose boundaries are set along ward lines. The areas within each district, when added together, cover the entire parish, including municipalities. A list of the districts in the parish is shown below. Figure 1 is a map showing the boundaries of each district. Gravity Drainage District No. 8 of Ward 1 (Moss Bluff/Gillis) Gravity Drainage District No. 9 of Ward 2 (Bell City/Hayes) Gravity Drainage District No. 4 of Ward 3 (Lake Charles Area) Gravity Drainage District No. 5 of Ward 4 (Sulphur, Carlyss, Westlake) Gravity Drainage District No. 6 of Wards 5 & 6 (DeQuincy Area/Starks) Gravity Drainage District No. 2 of Ward 7 (Vinton Area) Gravity Drainage District No. 7 of Ward 8 (Iowa/Lebleu) Generally speaking, gravity drainage districts in Calcasieu Parish have historically managed off-road drainage laterals, canals, etc. while the Police Jury and municipalities have been responsible for roadside ditch maintenance. The primary operational focus for the districts has been flood control, while the application of erosion control measures varies depending on the district. Some of the districts, especially the larger ones, utilize private engineering firms to assist with the technical aspects of drainage. Gravity drainage districts are governed by state law, generally LSA R.S. 38:1755 et seq. Figure 2 below includes characteristics of gravity drainage districts as defined by state law. The text for some of the pertinent provisions in the law relating to gravity drainage districts is included as Exhibit 1 in the Appendix of this report. 9

14 Figure 2 Characteristics of Gravity Drainage Districts As Defined by Louisiana Law Created by the parish governing authority, and are considered subdivisions s the state. Governed by a board of five commissioners appointed by the parish governing authority for four-year terms. Have status and powers of a corporation, with authority to incur debt, enter contracts, acquire rights-of-way, property and equipment, levy taxes and other powers. Have authority to plan, construct, maintain and operate works of improvement for watershed protection, flood prevention, works deemed necessary to make the opening of natural drains effective, cut and open new drains, ditches and canals, and other acts necessary to adequately drain land. May be modified or abolished by the parish governing authority that created them, subject to there being no outstanding indebtedness. Beginning in 2015, the Police Jury authorized and funded the Office of Stormwater and Watershed Management, which has made strides in ordinance and policy development, has made the Police Jury more responsive to drainage related maintenance complaints, and is tasked with completing some in-house drainage and safety related projects parishwide. This staff is led by a chief senior engineer to oversee all office operations and reports under the Division of Engineering and Public Works. The establishment of a coordinating mechanism among responsible entities for operations and maintenance of drainage systems was needed to better and more efficiently manage Parishwide drainage. For this reason, and after consultation with all Parish municipalities and drainage districts, the Calcasieu Parish Drainage Coalition was established through formal Police Jury action in The Coalition includes staff representatives from the Parish, municipalities, and gravity drainage districts (public works directors, planners, superintendents, engineers, etc.). The Coalition continues to meet to gather data on operations and maintenance, to identify capital project and funding needs, and to better coordinate these capital improvement projects parishwide. Through this process thus far, the gravity drainage districts and municipalities have committed to accommodate capital improvement needs in the form of matching funds to more efficiently and effectively implement projects parishwide. The overall responsibility of implementing any outcomes or recommendations resulting from the Coalition s efforts, however, remains with each individual entity under separate overall management by the boards (Districts), Police Jury (Parish), and Mayor/Council (municipalities). 10

15 B. Financial Profile The gravity drainage districts in Calcasieu Parish are funded primarily by ad valorem taxes (property taxes). Some districts have also received federal and/or state grant monies. The total tax revenues generated for all the drainage districts combined 2018 budgets was $12,659,949. Gravity Drainage District (GDD) No. 4 of Ward 3 and No. 5 of Ward 4 account for approximately 75% of this total. Figure 3(a) and Figure 3(b) on the following page show the revenue and expenditure budgets for 2018 for each gravity drainage district as well as the current property tax millage being levied by each district. With the exception of GDD No. 4 of Ward 3 and GDD No. 5 of Ward 4, most of the expenditures within the smaller districts are directed to ongoing maintenance due to budget limitations for larger projects. Since 1995, the Police Jury has also maintained a Road & Drainage Trust Fund, which gravity drainage districts and municipalities are eligible to apply for annually for capital improvement projects. This fund has been a significant source of capital improvement funding for road and drainage projects, providing approximately $26 million to the districts and municipalities over the fund s twenty three-year history. Of this total, approximately $12 million, or 46%, of the total funds awarded to date have been to Gravity Drainage Districts in Calcasieu Parish. Figure 4 below shows Police Jury Trust Fund monies awarded for drainage projects to the districts between 2008 and 2017, broken down by entity. Figure 4 Calcasieu Parish Road & Drainage Trust Fund Allocations for Drainage Projects to Gravity Drainage Districts: District/City Applicants No. of Projects Amount GDD No. 8 of Ward 1 3 $939,020 GDD No. 9 of Ward 2 0 $0 GDD No. 4 of Ward 3 7 $1,561,500 GDD No. 5 of Ward 4 4 $1,562,838 GDD No. 6 of Wards 5 & 6 1 $199,800 GDD No. 2 of Ward 7 0 $0 GDD No. 7 of Ward 8 3 $182,164 Total 18 $4,445,322 11

16 Gravity Drainage District Figure 3(a) Calcasieu Parish Gravity Drainage Districts East Side of Calcasieu Parish 2018 Budgeted Revenues and Expenses No. 8 of Ward 1 No. 9 of Ward 2 No. 4 of Ward 3 No. 7 of Ward 8 Total Millage Levied mills mills 5.79 mills mills Total Revenues $1,044,803 $380,292 $4,841,198 $480,200 Total Expenditures $866,127 $220,838 $4,230,166 $793,233 Net Revenues over Expenditures Beginning Fund Balance Projected Fund Balance Gravity Drainage District $178,676 $159,454 $611,032 $(313,033) $1,690,310 $593,219 $20,071,931 $892,950 $1,868,986 $752,673 $20,682,963 $579,917 Figure 3(b) Calcasieu Parish Gravity Drainage Districts West Side of Calcasieu Parish 2018 Budgeted Revenues and Expenses No. 5 of Ward 4 No. 6 of Wards 5 & 6 No. 2 of Ward 7 Total Millage Levied 4.55 mills 9.27 mills 9.73 mills Total Revenues $4,093,040 $742,746 $529,500 Total Expenditures $13,253,768 $581,995 $528,980 Net Revenues over Expenditures Beginning Fund Balance Projected Fund Balance $(9,160,728) $160,751 $520 $13,058,767 $1,874,222 $1,847,240 $3,898,039 $2,034,973 $1,847,760 12

17 The commissioners of each gravity drainage district are allowed to receive a per diem for service on the board. As of 2018, state law specific to Calcasieu Parish gravity drainage districts authorizes compensation to board commissioners of up to $150 per day for every day a commission member is actually employed in the services of the district and may be reimbursed any expenses incurred in performing the duties imposed upon him by virtue of his appointment. Prior to 2018, state law authorized compensation to board members up to $100 for the same purpose. These duties typically consist of attendance at regularly scheduled board meetings and special meetings of the district. State law also specifies payments allowed to the secretary/treasurer for the board. The gravity drainage districts combined 2018 budgets for board per diems and official fees is $86,700. Figure 5 below lists the 2018 budget for board per diems by district, along with the number of regular meetings held per month. Figure 5 Gravity Drainage Districts Board Per Diems and Official Fees W1 W2 W3 W4 W5&6 W7 W Budget $7,500 $7,200 $24,000 $24,000 $11,000 $5,500 $7,500 Monthly meetings C. Internal Administrative Policy Profile Overall internal operational or administrative policies for any public entity, specifically in major areas such as finance, risk management, human resources and legal compliance have greatly evolved since the inception of the current drainage management system we have today. Managing a public entity currently requires high-level administrative practices, reporting, and updating to maintain legal compliance in all areas, but it is especially important in these major areas. One significant reason is the overall liability and risk that comes with not maintaining compliance in any one of these areas to the special service districts themselves, and also to the Police Jury who may also be held liable should issues arise within each District due to insufficient protections or outdated policies. Upon review of all information supplied for this study regarding internal operations policies of the Districts, it is clear that there is a lack of consistency in policies and compliance at the District level. This is not the fault of any one District. Rather, it is the fault of the system in place that facilitates these issues. It could be due to lack of resources to provide critical administrative or compliance services or due to the nonexistence of a functional central management and planning system in 13

18 place to ensure consistency, compliance, protections, and best management practices. These necessary functions of overall management of a public entity can be complex, and ultimately they take time and resources away from the area in which the Districts are most efficient in, the actual work that goes into the maintenance of the laterals and infrastructure. Finance: There are many key items that fall under this category, such as: Financial reporting Audit reporting and compliance Procurement policy compliance Responsible investment policies Adequate meeting minutes and record keeping Police Jury dependence on adequate and timely reporting of audited financial statements by special service districts for the Police Jury s own audit process One item of great importance, particularly applying to Districts with larger fund balances, is the need for consistent and responsible investment of available public dollars. Upon review, there are opportunities being missed to generate significant additional revenue by making more informed decisions on how and where to invest those dollars to maximize interest earnings. Upon review of the information provided by Districts and information obtained through our records, there are clear indications of needed changes. There is a lack of consistency in policies that exists among the Districts. Examples of recent audit findings include improper procurement or advertising for public works as required by law, failure to amend the budget as required by law when expenditures exceed the budget by at least 5%, and segregation of duties findings. Most, if not all of these types of findings could be eliminated if all Districts utilized the Police Jury for the handling of their financials. By requiring financials to be handled in-house by the Police Jury, there creates a significant potential for increased interest earnings, especially for those Districts with larger fund balances. Currently four of the seven Districts utilize the Police Jury for their financial services. Risk Management: There are many key items that fall under this category and include things such as: Employee Medical Benefits: Medical, Dental, Life, Employee Assistance Program, Fitness, etc. 14

19 Asset inventory and management to keep up with and manage risk Property Insurance Coverage Vehicle, equipment, auto insurance coverage General Liability Coverage Employment professional liability coverage Workers Compensation Post Accident Policies Drug Screens for insurance purposes Driving Trainings Safety Policies Upon review of the information provided by the drainage districts and information obtained through our records, there are clear indicators of needed changes. There is a lack of consistency that exists among the Districts, but overall, the policies and the current coverages are inadequate to protect public assets. There is no one problem identified that is the same across all Districts. Rather there is a lack of compliance in many areas, several of which exist at every current District operation. The main instances of compliance issues exist in Worker s Compensation, Post Accident Policies and Drug Screening, and overall safety policies. Human Resources: There are many key items that fall under this category, such as: Human Resources Manuals Compensation Structure Payroll Handling Employee processing (new and outgoing) Pre-employment testing and physicals Position advertising and hiring process Drug Screen policies Evaluations Family and Medical Leave Act (FMLA) Upon review of the information provided by the Districts and information obtained through our records, there are clear indicators of needed changes that can be accomplished through adoption and implementation of consistent policies, practices, and updates. There is an overall lack of consistency that exists among the Districts, and the existing policies in place are not in full compliance with state or federal regulations, both in the written policies utilized as well as some of the practices. 15

20 Overall, the policy manuals are greatly outdated, with a couple of districts being ahead in this regard. Those Districts operating with administrative, office and/or clerical personnel seem to fare much better on workplace policy structure. One major area of concern is the drug screening policies and compliance with DOT regulations regarding CDL drivers. Post-accident reporting and drug screening is minimal at best, with some Districts indicating that they do not practice postaccident drug screenings at all. Implementation of current Human Resources policies, which requires regular updating to stay in legal compliance, is also an area of concern. D. Internal Administrative Policy Recommendations Finance All Districts utilize the Police Jury for their financial services, with financial reporting to be conducted by the Calcasieu Parish Police Jury Finance Division. It is our position that the increased interest earnings coupled with the decrease in the audit and accounting expenses alone warrants a move in this direction. Additional revenues can be realized through efficient and safe investment of public dollars that can maximize interest earnings particularly within those districts with larger fund balances. It is our position that accomplishing this goal can be best managed at the Parish level due, in part, to the resources and framework that already exists. Risk Management: 1. Utilize same broker(s) as CPPJ for all lines of coverage. This will result in consistency of coverage with no duplication, as well as timely and efficient renewals. 2. Coverages must include: Property: Value of buildings owned plus 10% content coverage Auto - $1,000,000 per occurrence; aggregate to be carried up to approved amount by the underwriter General Liability - $1,000,000 per claim; aggregate to be carried up to approved amount by the underwriter Employment/Professional Liability - $1,000,000 Worker s Compensation 3. Utilize Police Jury s payroll department for ease of deductions, worker s compensation wage statements, etc. 4. Perform property appraisals every five years minimum. 16

21 5. Develop a written safety manual or adopt the Parish's Safety Manual 6. Establish mandatory post-accident (auto and workers compensation) drug screening/breath alcohol 7. Develop and Implement written driving and safety education policy 8. Pull and review updated flood maps to determine flood insurance needs annually. Human Resources: Modify the Police Jury Human Resources Manual into a user-friendly version for special service districts that have 25 or fewer employees, with adoption and implementation at each District level. Those with more than 25 employees to adopt and implement the Calcasieu Parish Police Jury s Human Resources Manual, including the implementation of updates as developed by the Police Jury over time. Have all Districts utilize the Parish for their employment needs including: Hiring Evaluation Policies Random drug screening compliance FMLA participation and compliance Payroll Other miscellaneous Parish utilized Human resources policies 17

22 IV. What Are Effective Drainage Maintenance Practices? The term stormwater management (commonly referred in this report as drainage management) is defined as those functions associated with planning, designing, constructing, maintaining, financing, and regulating the facilities (both constructed and natural) that collect, store, control and/or convey stormwater. Currently, as mentioned earlier in this report, many entities in Calcasieu Parish in some way oversee drainage management activities. Among public entities responsible for drainage management, there exists different levels of authority and responsibilities that, while defined, are applied in different ways throughout the Parish and among the various responsible public entities (Parish, municipalities, drainage districts). This can result in a number of problems, including inconsistent and incompatible infrastructure, inconsistent asset maintenance responsibilities (i.e. bridges), inconsistent permit issuance, permit review and issuance for inadequate design, inconsistent right-of-way access, inconsistent application of local ordinances or standards, etc. One of the areas where we see inconsistencies related to capital improvements is the maintenance and/or replacement of bridges that cross laterals adjacent to private property. Long before drainage districts were created, the police jury and landowners in many cases agreed to create these laterals to benefit not only drainage of watersheds, but to also give landowners access to water for their crops. In the 1980 s the Police Jury adopted the Parishwide Drainage Plan. The adoption of this plan transferred all drainage work, including maintenance of bridges, together with funding to cover the cost of this additional responsibility, to the various drainage districts. This ordinance required written agreements between the parish, district and landowners. The lack of these written agreements has resulted in a lack of clarity as to which party is ultimately responsible for these structures. When responsibility has been determined, we have found inconsistencies in the districts abilities to complete this maintenance and/or replacement. As this infrastructure continues to deteriorate, landowners are being denied access to their properties that they once used for commerce. The previous ordinance and current system does not provide enough clarity as it relates to who is responsible for these structures. In addition to bridge issues, each of these entities has varying functions and applications when it comes to many capital improvement or capacity improvements, and these functions can often times overlap or conflict with one another in implementation. For example, each project that a district does can potentially affect another district. This is not always a bad thing, as there are capital improvements within one district that positively affect neighboring districts. 18

23 However, the opposite can occur as well. This can be due to a variety of issues including funding constraints and disparities that exist among the entities, or overall operational policy (formal and informal). Individually all entities efforts are well-meaning when approached from their own individual, man-made boundaries. A. Day-to-Day and Long Term Best Practices However, in looking at the big picture based on watershed boundaries rather than political boundaries, there is no question that there are more efficient and effective ways of managing drainage parishwide. Effective management occurs by using a broad management approach that takes into account the various practices that exist at each District, costs of each practice, and resulting overall cost and effectiveness rather than looking at each practice in isolation based on political boundaries. Some individual practices may not be effective alone but, in combination with others, may provide a key function in more highly effective drainage systems when best practices are applied to day-to-day and long term maintenance and management. Effective day-to-day management can be accomplished through such things as: Hydrologic modeling Data collection systems (G.I.S.) Technically skilled staff Review of development plans Flood warning systems Inspection of construction Coordination and improvement Consistent Operational of infrastrucure Policies and Practices Coordinated maintenance and enforcement Long range planning and consistent policies and applications can address such things as: Identification of service areas Erosion control Level of service standards Floodplain control Construction and development requirements Inadequate infrastructure More efficient capital projects Zoning restrictions Inconsistencies within the system Inadequate resources Right-of-Way access issues 19

24 Improvements in place at the Police Jury Level At the Police Jury level, changes and improvements to overall drainage management have already been made that are in line with the constantly evolving best practices for effective drainage management as described in this report. These changes have major impacts in the short-term management and maintenance of the system, as well as long term planning for current and future needs. These changes have led to efficiencies in operations and more effective drainage management, specifically regarding the parts of the drainage system that the Police Jury is directly responsible for. Included in those changes at the Police Jury level are: Adopted and implemented a set of updates to drainage ordinances for development Created an Office of Stormwater Management to improve drainage planning, operations and maintenance Increased funding for evaluating and implementing identified projects Adopted and implemented a drainage capital improvements program Commissioned a comprehensive watershed management study, managed by a private consulting team that includes various consultants that are leaders in their fields. Implemented and/or upgraded Technology, Modeling, and Flood Alert Systems to improve drainage management efficiencies Over the past several years, has continued putting in place various monitoring and data tracking mechanisms to facilitate the modeling of watersheds and drainage systems parishwide. Created a coordinating working group among entities responsible for drainage in Calcasieu Parish The more that efficiencies from an improved approach to drainage management can be achieved at every level responsible for drainage management in Calcasieu Parish, the better the overall drainage systems will operate, and ultimately the better the service will be to the residents and businesses that depend on it. 20

25 B. Watershed-Based Floodplain Management A watershed is the land area that drains into a water body. The watershed for a major river can encompass smaller watersheds that ultimately combine at a common point. A watershed includes all surface water and groundwater, soils, vegetation, and the built environment contained within its area. Calcasieu Parish has ten watersheds with a large network of laterals as shown in Figure 6 below. Figure 6 Calcasieu Parish Watersheds As mentioned earlier in this report, there are seven gravity drainage districts tasked with maintaining the laterals within Calcasieu Parish as shown in Figure 7 below, which overlays the political boundaries with the watershed boundaries. It is clear that almost every District in the Parish is managing a portion of more than one watershed. Overall watershed improvement objectives are difficult to tackle when six out of the seven Districts are managing a portion of multiple watersheds. Figure 7 Calcasieu Parish Gravity Drainage Districts 21

26 Overall, even though the staff within each District have done a commendable job at maintaining the laterals, the resources that exist at the District level for most Districts is just not enough to keep up in terms of how urbanized our Parish has become since the 1980 s. To enhance the overall approach to lateral maintenance and planning to a watershed approach and to improve drainage parishwide, a real structural change is needed so that the current District staff can better allocate their time, coordinate available resources, and maximize the efficient use of technology and equipment to make their jobs easier and more effective. The current political boundaries are not only creating a disparity and inefficiency in resources, but they are also creating limits in jurisdictional authority for overall watershed management operations and an overall lack of efficient coordination and planning. In addition, an overall watershed approach has not historically been at the forefront of operational decision making, largely because the data and advanced practices that exist today were not available at the time that the current structure was established. The Calcasieu Parish Police Jury has been leading the state for some time in implementing many new tools and solutions for Parishwide floodplain management to mitigate future risks associated with frequent flooding and severe weather events. The tools, technology, planning efforts, resources, etc., should be further leveraged to obtain true watershed based drainage management to maximize the overall benefit to residents parishwide. Watershed-based floodplain management has largely been considered a best practice in most areas of the country. As recently as May of 2018, an executive order was issued by the Governor establishing the Louisiana Watershed Based Floodplain Management Coordination Council (Council), with the goal of developing and implementing a statewide floodplain management program. The State has acknowledged that that the decisions made in one portion of a watershed will impact the floodplain in another portion of the same watershed, irrespective of political boundaries. Through this executive order, state agencies are to collaborate with local governments, federal agencies, institutions of higher education, and private and not-for-profit organizations. In August of 2018, the State of Louisiana issued the details related to the establishment of the Louisiana Watershed Initiative. The effects of heavy rain events throughout Louisiana in 2016 were a driving force behind this initiative in which they site key deficiencies to Louisiana s approach to floodplain management and community planning across all levels of government. 22

27 Another of the driving reasons behind this statewide push is due to the fact that flooding after a rain event is not only related to the amount or intensity of the rainfall received, but is also closely tied to land use policy and infrastructure decisions. As well, existing practices across varying levels of government do not currently provide for the comprehensive floodplain management that is necessary to properly address drainage issues as land is developed. One of the goals that the Council is tasked with is to facilitate watershed-based floodplain management by working to create watershed-bounded entities across the state. Another of the goals that the Council is tasked with is the promotion of actions, including legislative, administrative, and regulatory, where appropriate, to enhance watershed and floodplain management in Louisiana. The full list of objectives of the Council can be found in Exhibit 2 in the Appendix of this report, Executive Order Number JBE In the State s report, they provide that, While there are projects that can and should be undertaken to provide short-term relief provided that funding is available the reality is that proper flood risk management requires a coordinated, coherent and long-term vision for sustainability and resilience. Put simply, Louisiana can no longer afford to rely on a siloed approach to managing projects, plans and policies separate and apart from each other. The full report from the Louisiana Watershed Initiative can be found in Exhibit 3 in the Appendix of this report. A main objective of this study of Calcasieu Parish drainage management is to provide recommendations that accomplish both of these goals among others, and in conjunction with the actions already taken by the Police Jury, to develop an approach to watershed based floodplain management that is recognized as a model for others nationally and internationally. The model being developed by the Police Jury has already obtained international recognition even prior to the Governor s Executive Order through the scope of work and progress being achieved in the Calcasieu Parish Police Jury s Watershed Master Plan commissioned in The Police Jury s parishwide master plan is being developed using a proven and tested method that originated in the Netherlands, leaders in drainage planning worldwide. Currently, Calcasieu Parish is one of only a select few major areas and countries worldwide, as shown in Figure 8 on the following page, that are utilizing the advanced methodology of Dynamic Adaptive Policy Pathways (DAPP). 23

28 Figure 8 Locations Using DAPP Methodology DAPP is a proven planning method that can be used in a variety of ways, while integrating stakeholder input. In Calcasieu Parish, we are utilizing this method for a 10-watershed master plan for flood resiliency through policy, programs, and project implementation. In addition to master planning, the Police Jury has set up the most robust system of rain gauges in the state throughout Calcasieu Parish over the past several years. The foresight to implement this technology is paying off, as the advanced nature of the system at this point has facilitated technologies at the Parish level that allow for more efficient and effective planning and operations, more effective maintenance work, and more effective project identification and implementation. These tools have also set the foundation to allow for the development of an urban flash flood forecasting and warning system utilizing the Contraband Bayou Watershed as the pilot location, the first of its kind in the state and with very few of this caliber in the nation. The alert system being developed will have the capacity to not only forecast for rain, but also for actual impact at an actual location down to the street level. 24

29 The ultimate goal is to expand this caliber system through the 10 watersheds within Calcasieu Parish over time. The reason that the scope of this system is contained within the watershed boundary rather than a political district boundary is because the natural flow of water does not adhere to political boundaries, and therefore forecasting cannot be accurate or effective if modeled according to a political boundary. The considerations mentioned in this section are critical when considering the future of drainage in Calcasieu Parish, particularly with the rapid urbanization we are currently experiencing and are forecasted to continue experiencing in years to come. The drainage maintenance structure is critical to best manage all watersheds in Calcasieu Parish. Along with several other tools already available or being developed at the Parish level, there is no reason that we should not be capitalizing on every tool that is available to combat flooding for the benefit of our citizens, simply due to political boundaries. 25

30 V. Evaluating the Current Drainage Maintenance System In Light of Best Practices To this point, this report has provided a profile of the current drainage management system in place in Calcasieu Parish as well as descriptions of the types of practices that result in more effective drainage management based on established best practices. This report has also provided an updated overview of current operations, capital programming and maintenance practices utilized at the Police Jury level that have developed over the years. A logical next step is to compare our current overall system with those practices that are associated with more successful drainage management programs. It is constructive to provide some background information as to how our current system of drainage maintenance came into being. Going back several decades, drainage maintenance was primarily shared by the Police Jury through its Public Works Department and the two largest gravity drainage districts GDD No. 4 of Ward 3 (Lake Charles area) and GDD No. 5 of Ward 4 (Sulphur, Carlyss and Westlake). Dating back to the 1950 s, these two districts had their own property tax. In addition, the Police Jury levied a 1-mill tax parishwide for drainage services. Through the 1960 s and 1970 s, populations were still concentrated mainly in the Parish s municipalities, especially Lake Charles and Sulphur. Therefore, the need for stormwater management parishwide was not as intense as it is today. GDD No. 2 of Ward 7 (Vinton area) and GDD No. 7 of Ward 8 (Iowa/LeBleu) both passed property tax millages in In the early 1980 s, the Police Jury faced budget pressures in trying to fund several public services. The jury decided in late 1982 to discontinue any direct provision of gravity drainage responsibilities (laterals), and approved a formula which allocated the 1-mill tax among the seven gravity drainage districts for the remainder of the term of the tax. The tax expired in By that time the remaining three districts [(GDD No. 8 of Ward 1(Moss Bluff/Gillis), GDD No. 9 of Ward 2 (Bell City/Hayes), and GDD No. 6 of Wards 5 & 6 (DeQuincy/Starks)] had passed their own millages. Therefore, the system Calcasieu Parish has in place today can be traced back to the mid-1980 s, although it was arrived at piecemeal. It is runoff that must be dealt with in a drainage system; and the amount of runoff increases as more urbanization takes place. Consequently, from the engineering aspects of drainage, urbanization is one of the root causes of problems in trying to effectively manage a drainage system. Comparing recent population and development data from the mid-2000 s (time of last drainage management study) to the present day indicates the level of population growth that has continued to take place in Calcasieu Parish over that 26

31 span of time, and thereby illustrates the kind of strain being placed on public services, particularly on drainage systems parishwide. Figure 9 below is a comparison of the population in Calcasieu Parish between 2003 and 2017, broken down by municipality and showing unincorporated area residents. Figure 9 Calcasieu Parish Population Data Estimate vs Estimate 2003 Estimate 2017 Estimate Total Inc./Dec. % Inc. /Dec. DeQuincy 3,310 3, % Iowa 2,628 3, % Lake Charles 70,735 77,117 6,382 9% Sulphur 19,901 20, % Vinton 3,215 3, % Westlake 4,603 4, % Municipal total 104, ,757 7, % Unincorporated Total 79,497 90,749 11, % Percentage of Parish 43.2% 44.8% Calcasieu Parish Total 183, ,506 18, % *Sources: United States Census Bureau The table reveals some important information regarding overall growth in population in Calcasieu Parish. While overall growth is occurring in nearly every area of the Parish, unincorporated growth is outpacing most municipal growth, including that of our largest municipality, Lake Charles. Iowa is the outlier in this population trend with a 25% increase in population between 2003 and The total population in Calcasieu Parish increased by 10.1% between 2003 and 2017, with unincorporated growth seeing 14.2% growth. This trend, while relatively smaller, also existed between 1987 and 2003, with 33.9% of overall growth existing in the unincorporated areas of the Parish. The main unincorporated areas experiencing growth between 2003 and 2017 continue to be Moss Bluff/Gillis, the area south of Lake Charles, Carlyss, Houston River, and LeBleu Settlement, with an additional growth area occurring on the outskirts of Iowa. 27

32 Residential development data coincides with the population trends noted above. Figure 10 below shows new residential construction permit totals between 2005 and 2017 in the unincorporated areas. Figure 10 New Residence Permits Issued Unincorporated Areas of Calcasieu Parish While there was an overall downward trend between 2007 and 2011, the trend has continued to move upward since then for new residential permitting in unincorporated areas. The outlier here in 2006, and even somewhat in 2005, is most likely due to the recovery efforts following Hurricane Rita. It is important to remember that from a drainage aspect, this level of urbanization has occurred in addition to, not in place of already existing municipal areas. Another indicator of sustained growth and urbanization in Calcasieu Parish, including municipal data, is single-family residential permitting data over the past few years for each jurisdiction. The number of permits in this category alone exceed 2,400 in less than three years. Figure 11 on the following page shows single-family residential permits issued by each jurisdiction between January, 2015 and September,

33 Figure 11 Single Family Permits Issued by Jurisdiction Unincorporated Calcasieu Iowa Sulphur Westlake Linear (Lake Charles) DeQuincy Lake Charles Vinton Linear (Unincorporated Calcasieu) Linear (Sulphur) The unincorporated area issued 45% of the total number during this period. However, the City of Lake Charles issued 36%, The City of Sulphur issued 12%, and the Town of Iowa issued 5%. This shows that urbanization is happening all over the Parish and not just in unincorporated areas. While this number fluctuates month by month, an important thing that this data shows is that there has been consistent demand and in many months increased urbanization demands year after year. With such consistent urbanization comes the increased demand for public services, including an additional strain on the overall watershed capacity in the Parish s drainage system with every site built, irrespective of political boundaries. Figures 12 and 13 on the following page are a great example of the old saying a picture is worth a thousand words. These maps shows in the widespread nature of urbanization in Calcasieu Parish from 1990 to Urbanization is causing a decrease in capacity within the watersheds in the parish thus reducing the ability for water to be absorbed, and in turn creating an increased strain on the overall drainage system. In addition, the growth experienced since 2010, and ongoing trends further increase the strain on the overall drainage system due to the ability of each watershed being less and less able to handle runoff irrespective of political boundaries. 29

34 The population and development data illustrated in this section confirm the dramatic increase over the past 20 to 30 years in urbanized areas that now have heightened drainage requirements. More areas than ever before are experiencing drainage problems and this condition will only worsen without changes to how drainage is managed in the parish to a comprehensive watershed approach. 30

35 When measured against the experts recommendation to view a drainage system as one overall entity, or even on a watershed basis, Calcasieu Parish still falls short even with significant improvements made over the past few years. Gravity drainage for off-road laterals, canals, etc. is governed by a fragmented system of seven districts, none of which are legally responsible for drainage activities outside of their boundaries. Planning departments within local governments enforce development codes and standards that apply only to their municipal boundaries, but do not necessarily address the impact of new subdivisions on drainage downstream or upstream. Effective drainage management in Calcasieu Parish and across the country has grown and developed over time to require a stronger level of management practices. Simply doing the fieldwork for drainage maintenance is no longer adequate, and yet was the essential function for which the Gravity Drainage District system was created to handle in the first place. The expectations and costs due to service demands placed on Gravity Drainage Districts have greatly increased, and many functions are arguably outside of the scope of operations that the Districts were originally created to perform. This is evident when looking at planning, funding, and implementing capital improvements in particular. Further, the current seven district structure has created disparities among Districts in their ability to meet demand particularly for infrastructure projects, equipment, etc. All local government entities rely on some form of bonding or other external funding to finance much needed infrastructure projects. An additional challenge that poses great short-term and long-term risk and uncertainty when it comes to funding projects that are needed to keep up with an ever aging drainage infrastructure system is the consistent reduction of available funding assistance at the state and federal level for projects that have historically been more accessible with a process that was easier to maneuver. Over the years, however, state laws governing bond sales have been changed, amended, added, and placed into statute. State capital outlay funding is more scarce, with reporting and compliance requirements that are increasingly tedious. Therefore, in addition to the reduction of available funds, the process to apply for and obtain external funding, like state capital outlay funds or through the sale of bonds for example, is becoming increasingly complex. For some large projects, many districts currently work with parish staff, specifically within our Finance and Planning departments, to navigate the processes that exist, to ensure compliance with the law, and for overall project management support, which is a good thing. The opportunities to enhance both the Parish and the District s ability to secure external funding and bonding capacity are increased when approached from a more expanded approach, and an updated system can create more significant leverage 31

36 needed to maximize the potential of securing and maintaining external funding to supplement existing tax revenues. If the functions of drainage management and operations policies were coordinated and implemented in a more unified and consistent fashion, the drainage problems associated with urbanization could be greatly reduced while increasing overall efficiency in operations. In addition, new infrastructure added to the existing network to improve drainage would be more efficient, more cost effective, and more integrated with the way that the entire drainage system interacts across political boundaries. A parishwide or watershed approach to drainage management would be more conducive to identifying, evaluating, and implementing much needed projects parishwide in a unified fashion, rather than the current approach which is generally based within the boundaries of each individual district, even though such projects within a particular District may impact areas beyond their political boundaries. Based on the latest best practices for governmental entities across the country for improving their stormwater programs, structural changes are necessary to keep up with growing demand due to growth and urbanization. Increased access to regional data systems and the advancements in technology and modeling further supports and is conducive to a transition to a regional approach to drainage management rather than one based on political boundaries. Drainage does not recognize city limit lines, gravity drainage district lines, Police Jury district lines, or any other artificial political boundaries that may exist. Because watershed boundaries do not coincide with political boundaries, the actions of adjacent districts can have a profound impact on the downstream districts land and water resources. Impacts from upstream sources can sometimes undermine the efforts of downstream entities to control both drainage impacts and water quality. It is important to note that the natural resources in a watershed are generally owned by many proprietors and used for multiple, conflicting purposes. When looking beyond the political boundaries, best practices support a watershed based management approach and the State is moving in that direction as shown in the Louisiana Watershed Initiative report by recognizing that, Water flows downhill and does not recognize political or arbitrary boundaries; thus, it must be managed, and associated risks mitigated, in a manner that takes this behavior into account. The report goes on to say that, Considering the degree to which communities within a watershed are hydraulically and hydrologically connected, decisions regarding land use, policy, and infrastructure must now be coordinated, made, and implemented at the watershed level if flood risk is to be effectively managed. This interdependence is the reason why the Louisiana Watershed 32

37 Initiative exists, and it is why a corresponding long-term vision to guide such an effort is critical to managing, mitigating and adapting to future flood risk. Over thirty years ago, the current system of fragmented drainage lateral maintenance worked adequately. Now, however with disparity in resources and the available technologies that exist at the Parish level, the demand for a shift in overall drainage management to incorporate watershed based management best practices and long term planning, along with the growing impacts from flooding and urbanization, a change to bring drainage maintenance into the 21 st century is needed. In the face of overwhelming evidence that major changes have taken place in the parish that have significantly impacted drainage in a negative way since the time the current structure for lateral maintenance was established, it would be negligent to ignore any one part of the problem. There is no question that state law includes drainage as one of the primary responsibilities of parish governing authorities. The method(s) you, the Police Jury, use to carry out this responsibility is strictly up to you. The Police Jury should be proud of the significant changes that have been made at the Police Jury level within the past three to five years. Subject matter experts like the Water Institute of the Gulf have recognized the Police Jury and applauded efforts, changes, and updates that are leading the entire State of Louisiana and that are necessary to optimize the performance of the overall drainage system to better protect its residents. The Police Jury has led by example in its approach to drainage management by implementing organizational changes at the Police Jury level, developing a robust capital improvements program with increased funding, updating and implementation of drainage ordinances for development, and commissioning a comprehensive drainage master plan, all done within the past 5 years. The overall drainage lateral maintenance structure, however, has not seen any significant changes in over 35 years, even though demand and the requirements to manage drainage maintenance and operations have greatly increased. Drainage management is now an endeavor that requires high level practices in several areas including engineering and planning, finance and procurement compliance, adequate risk management, human resources compliance, organizational structures, legal provisions, permitting and enforcement, among others. Some of the increased demands within these areas have been handed down by Federal and State laws, policies, or procedures that do not come with any funding to implement, but which we must nonetheless adapt to. Others have developed due to issues that accompany growth and development, and increasing demand for drainage services challenged by growth, the need for better infrastructure, and a 33

38 higher level of expectations from residents among others. Although the complexities involved make this a significant challenge, the long-term costs of not managing drainage in the most effective way will far outweigh any present-day costs associated with making the changes that are needed. It is possible to return to, and accomplish the original intent for which the Gravity Drainage District system was formed while also addressing the additional needs that have developed over time, but to do so will require structural and policy changes. It is possible to make structural changes while also preserving the interests of both urbanized and rural areas, because the difference in service required to serve each of these types of areas is clear. Best practices, technology, financial leverage, long term planning, and expertise, among other benefits, can be provided while maintaining an effective Gravity Drainage District system, but only if it is structured based on the information that we have today and based on a larger parishwide approach. Further, there is an opportunity at the Gravity Drainage District level to capitalize from accommodating structural and policy changes, that not only prevent the diminishing of the existing service delivery due to growing demand, but actually enhance it. Service delivery to residents can improve in both urbanized and rural areas from the increased efficiencies and resources to be gained from structural changes that allow for the experts that exist within those districts, the current employees, to focus more on the maintenance work and daily operations, rather than several other factors and administrative responsibilities, including watershed based planning, that are added to their list of things to do. Further, if the advanced resources, data, monitoring and alert systems, modeling, planning and technology that already exist at the Parish are utilized and applied more effectively when making operational decisions at the district level, then the efficiency and shelf life of the maintenance work and projects that are implemented can be further maximized with the overall parish in mind. The ability to improve drainage management for the residents of Calcasieu Parish exists independent of other entities actions that are outside of the Police Jury s jurisdictional authority. It is more important to recognize the changes that have occurred over time, the new technologies and efficiencies that are readily available to improve watershed management parishwide, the changes that have occurred in the Police Jury s approach to drainage management, and that the time has come to update the current system and approach to drainage lateral maintenance that has been in place since the early 1980 s. 34

39 VI. Recommendations for Effectively Managing Drainage As we look at ways to improve the management of drainage in Calcasieu Parish, it helps to restate that drainage lateral maintenance is one part of a larger whole that also includes sound development ordinances, a robust capital improvement program and ongoing watershed planning. However, it is an important part. The Police Jury has made great progress with the other pieces of this drainage puzzle, and lateral maintenance should not be overlooked. The intent of the recommendations below is to improve the current state of drainage management in the parish as well as position the parish for future challenges that surely lay ahead. Regardless of any new structure that may possibly be put in place to manage drainage, there are some challenges that will continue to exist: More capital investment will be needed in our drainage infrastructure to address existing and future needs. o The Police Jury has taken significant actions to get us further along in meeting this need as evidenced in the $17.5 million allocation for planned projects included in the 2018 adopted budget, in addition to identifying the need. Future capital budgets will also see significant drainage investments. Developments built in flood prone areas in the past will have limitations for drainage improvement. o The Police Jury has invested significant dollars in data collection and flood alert systems to improve its ability to protect residents and property in a more effective way, including the built environment. The Police Jury has also taken actions to get us further along in reducing these limitations as evidenced in the ongoing planning of regional detention facility projects to improve drainage in developed areas that are prone to flooding, in addition to identifying the need. For some areas, the cost of erosion control is too high for the benefit received. o The Police Jury has taken actions to get us further along in meeting this need as evidenced in the new approach to capital improvements and the efforts of the newly established Office of Stormwater and Watershed Management under the Department of Public Works, in addition to identifying the need. However, more work is needed to address this costly issue at every level, as the costs that result from erosion are very complex. In addition, the cost of permitting and mitigation required by the Corps 35

40 of Engineers inserts an additional challenge that makes improvements in this area more cost prohibitive. Effective drainage will be achieved only if development ordinances keep up and address things such as site runoff management, impact of development on the drainage system, density of development, stormwater quality, flood-prone areas, mitigation, etc. o The Police Jury has taken significant actions in this area as evidenced by the adoption (2017) and implementation (2018) of updated drainage ordinances for development that address many of these critical issues, in addition to identifying the need. A more effective approach to drainage lateral maintenence is needed. o This study is the beginning of accomplishing that goal by identifying the need. However, all other areas have seen progress by the Jury in a way that improves the overall performance of the drainage system, in addition to identifying the need. Further action to implement structural and policy improvements to the management of the Parish s drainage lateral system must be taken to do the same. Otherwise, a need will have been identified, again, with no corresponding action. This would be negligent in light of the many positive strides the Police Jury has made in delivering a better system of drainage to the citizens of Calcasieu Parish. 36

41 Overall Recommendations Package for Consideration to Improve the Drainage Maintenance System in Calcasieu Parish A Phased in Approach Phase I The Calcasieu Parish Police Jury, in accordance with R.S. 38:1841, adopts resolutions by February 2019 creating two consolidated drainage districts with established boundaries, Consolidated Gravity Drainage District No. 1 (all of West Calcasieu) of the Parish of Calcasieu and Consolidated Gravity Drainage District No. 2 (all of East Calcasieu) of the Parish of Calcasieu. Figure 14 below provides an overview of the proposed structure for Phase I of the recommendations. In accordance with R.S , for each of the two Districts, the Parish appoints the maximum five resident property taxpayers of the district as commissioners, two of the commissioners for the term of two years and three for the term of 4 years, and all selections or appointments thereafter shall be for the term of four years. Each of the original seven districts funding streams and their dedications would remain constrained for use within each district as currently levied, and the current Gravity Drainage District employees, duties, pay and funding source for each would remain as is according to each of the current funding sources. Further, each of the current employees of each of the seven districts would be overseen by the newly created consolidated gravity drainage district boards. For example, the source of funding for all operational costs, including employee pay, and intergovernmental service 37

42 fees related to the implementation of Phase I of the recommendations package for District 9 of Ward 2 would remain from the current District s fund until the implementation of Phase II. All employees of the District would remain employed by District 9 of Ward 2, but would be managed by the newly established Consolidated Gravity Drainage District No. 2 of East Calcasieu Parish. Consistent operations policies should be adopted by each of the two districts to ensure centralized planning and engineering of capital projects and improvements to be performed in conjunction with Calcasieu Parish Police Jury s Public Works Department, and in conjunction with parishwide and watershed planning efforts, and to also utilize the data and technology available at the Parish level. Both of the consolidated districts to adopt a set of written operational policies for each District and Internal Administrative policies as recommended below. To address the shared administrative and management issues, intergovernmental charges would be collected from each District to handle. This service fee would be calculated to be proportional to the size of the District, scope of overall operation, and include individual budgetary considerations to determine a fair share for each. The internal administrative policy recommendations below should be implemented regardless of the type of drainage district structure is ultimately in place. Internal Administrative Policy Recommendations Finance: All Districts utilize the Police Jury for their financial services, with financial reporting to be conducted by the Calcasieu Parish Police Jury Finance Division. It is our position that the increased interest earnings coupled with the overall decrease in the audit and accounting expenses alone warrants a move in this direction. Additional revenues can be realized through efficient and safe investment of public dollars that can maximize interest earnings particularly within those districts with larger fund balances. It is our position that accomplishing this goal can be best managed at the Parish level due, in part, to the resources and framework that already exists. 38

43 Risk Management: Utilize same broker(s) as CPPJ for all lines of coverage. This will result in consistency of coverage with no duplication, as well as timely and efficient renewals. Coverages must include: Property: Value of buildings owned plus 10% content coverage Auto - $1,000,000 per occurrence; aggregate to be carried up to approved amount by the underwriter General Liability - $1,000,000 per claim; aggregate to be carried up to approved amount by the underwriter Employment/Professional Liability - $1,000,000 Worker s Compensation Utilize Police Jury s payroll department for ease of deductions, worker s compensation wage statements, etc. Perform property appraisals every five years minimum, and Pull and review updated flood maps to determine flood insurance needs annually. Establish mandatory post-accident (auto and workers compensation) drug screening/breath alcohol. Human Resources: Have all Districts utilize the Parish for their employment needs including: Hiring Evaluation Policies Random drug screening compliance FMLA participation and compliance Payroll Other miscellaneous Parish utilized Human resources policies Modify Police Jury Human Resources Manual into a user-friendly version for special service districts that have 25 or fewer employees, with adoption and implementation at each District level. Those with more than 25 employees to adopt and implement the Calcasieu Parish Police Jury s Human Resources Manual, including the implementation of updates as developed by the Police Jury over time. 39

44 Develop and implement written driving and safety education policy and safety manual according to the same specifications described for the Human Resources Manual recommendation above. At the outset of Phase I, establish a Parish and District transitional team, composed of both Parish and District staff, to evaluate and develop appropriate but compliant operational policies and internal administrative policies to meet District needs under the new board management structure, and under a potential new, two- District system structure proposed for Phase II including, but not limited to: Development of management structure for daily operational management. Development of day-to-day operational policies to be applied at each of the two Districts. Development of internal administrative policies to be applied at each of the two Districts. Development of consistent and centralized process for planning, engineering and review of capital improvements or upgrades established at the Police Jury Department of Public Works, to be consistent with the Parish Watershed Master Plan Development of streamlined process for permitting for development approval parishwide at the Police Jury level. Development of short term and long-term operations policies for implementation under the potential new two District structure to accommodate compliance while incorporating District overall needs based on the composition of the new system. Phase II After a month period of operation as described in Phase I, it is recommended that both of the consolidated boards call a tax to place their own millage on the ballot in the Spring of 2020 according to their territorial boundaries to replace existing taxes and tax structure. Figure 15 on the following page provides an overview of the proposed structure for Phase II of the recommendations. The proposed new millages to be established should be lower than the existing millages currently levied within the territorial boundaries of each newly established district, and therefore lower millages are recommended Parishwide. It is our current position that the administrative and operational efficiencies that are to be gained from the new District structure as proposed in Phase II over time will facilitate the savings needed to accomplish an overall tax decrease while accomplishing improved service delivery. 40

45 Further, it is our position that all of the existing workforce within the existing Districts, with the initial assistance from Parish staff, would be able to accomplish the transitions described in both Phase I and Phase 2 of these recommendations. A portion of any initial funding gap from the reduced millage rates should be made up by the Police Jury for a period not to exceed 3 years, to ensure a lower parishwide millage with minimal impacts to the millage revenue figures. If the lowest of each millage rate from the west and east is adopted, the gap is currently estimated to be $1,700,000 annually parishwide ($712,000 for the westside and $980,000 for the eastside). Recommend that the Police Jury make a commitment to Phase I and II at the same time, along with a timeline for accomplishing the preliminary evaluation of the Phase II recommendations. 41

46 APPENDIX 42

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48 EXHIBIT 1 GRAVITY DRAINAGE DISTRICTS SPECIFIC PROVISIONS OF LOUISIANA LAW Creation of district by parish; designation The various parishes of the State may create on their own initiative, from lands which drain by gravity, gravity drainage districts. These districts shall be known as Gravity Drainage Districts with the number the Police Jury may designate. (R.S. 38:1751) Districts subdivisions of state Gravity drainage districts so created shall be subdivisions of the state within the meaning of the Constitution and statutes of Louisiana relating to incurring debt and issuing bonds therefore. (R.S. 38:1755) Board of commissioners; eligibility All gravity drainage districts formed or created under the provisions of state law shall be governed and controlled by five commissioners, who shall be the governing authority of the district. These commissioners or their wives must be assessed with real estate in the district to the value of five hundred dollars, or they must be the representative of some corporation owning lands in the district to the value of five hundred dollars. The representative of a corporation may be an officer of the corporation, or may be some person not connected with the corporation as officer or stock holder, but is designated to represent the corporation by a resolution of the board of directors to that effect. Persons possessing the qualifications, or persons thus designated to represent a corporation, may be drainage commissioners, whether they be residents or non-residents. A drainage commissioner may hold the position of drainage commissioner in two or more drainage districts and may hold these positions in addition to any other office that may be held by him, and the holding of position as drainage commissioner shall not be considered in contemplation of law as dual office holding. (R.S. 38:1758) Appointment and terms of commissioners The Police Jury organizing the drainage districts shall appoint five commissioners in each district, two of the commissioners for the term of two years and three for the term of four years, and all selections or appointments thereafter shall be for the term of four years. The appointment of commissioners by the Police Jury shall be made upon the petition or recommendation of a majority in number of acres or a majority of the resident land owners in the district where the district contains forty or less land owners. Where more than forty land owners are embraced in the district, the appointment shall be made upon the recommendation or petition of twenty-five of the land owners of the district. Where

49 there is a contest over the appointment of commissioners, the Police Jury shall give the appointment to those commissioners who are recommended by the land owners owning the greatest number of acres of land in the districts. In the absence of any petition or recommendation, the Police Jury may appoint commissioners in their discretion. (R.S. 38:1759) Corporate status and powers of districts Any gravity drainage district thus created and numbered by the Police Jury shall constitute a body corporate in law, with all powers of a corporation. It shall have perpetual existence, may incur debts and contract obligations, sue and be sued, have a corporate seal, and do and perform any and all acts in its corporate capacity and in its corporate name necessary and proper for the carrying out of the purpose and objects for which the drainage district was created. The drainage district may expropriate property for the purpose of acquiring land for the necessary public purposes of the district, and shall own the rights-of-way, canals, ditches, and all sites which are acquired either by donation, purchase, prescription, or expropriation, in full ownership. The district shall have the power and authority to plan, construct, maintain, and operate such works of improvement as land treatment for watershed protection, flood prevention works, irrigation improvements, recreation, municipal and industrial water storage, and fish and wildlife developments. Said district shall have the power and authority to cooperate with and enter into cooperative agreements and arrangements with agencies of the United States of America on a matching fund or any other basis for planning and constructing such works of improvement or other works, facilities, or programs authorized and contemplated by the National Watershed Protection and Flood Prevention Act, Public Law , as amended. Said districts shall have the power and authority to purchase servitudes and rights-ofway for their own uses or the use of any state or federal agency with which they may cooperate in connection with some work of improvement. They shall have the power and authority to accept gifts or grants of money, property, or services. The authority herein granted may be exercised and the works of improvement herein authorized may be constructed within or without the limits of the districts so long as they inure to the direct benefit of the district and the inhabitants thereof and the commissioners of a district for the purpose of securing a proper outlet for the waters of the district they represent, may extend canals or ditches or both canals and ditches beyond the limits of their respective districts, with the same power and authority of expropriating the right-or-way in the same manner and to the same extent as if the canals and ditches were wholly within the district they represent. (R.S. 38:1764)

50 Powers and duties of board of commissioners The board of drainage commissioners may open all natural drains which they deem necessary in their respective districts and perform all work connected therewith, which they may deem necessary to make the opening of the natural drains effective. They may cut and open new drains, ditches, and canals wherever deemed necessary. In order to carry out the drainage works, the drainage commissioners may enter into contracts for the performance of these works, or purchase machinery and have the work performed under their supervision, and perform all other acts necessary to fully drain all the land in their drainage districts and maintain the drainage when established. (R.S. 38:1767) Levy of tax or forced contribution The commissioners may provide the funds necessary for conducting drainage work by levying any tax or forced contribution which is authorized by the constitution and laws of this state. If the tax to be levied is an acreage tax levied by the vote of the electors of the governing authority of the district, be levied for the full term for which it was voted. If the tax levied is an ad valorem tax assessed for the purpose of paying the principal and interest of the bonded indebtedness issued upon the vote of the property taxpayers, then the ad valorem tax shall be levied annually. (R.S. 38:1768) Meetings of commissioners; powers; salaries and expenses Commissioners of drainage districts in Calcasieu Parish appointed hereunder shall hold at least one meeting in every year. Commissioners shall meet at stated times that they shall fix and determine by resolution. Special meetings may be called by any commissioner or by the secretary of the board. All expenses of administration, salaries of officers, and other expenses shall be paid out of any funds in the hands of the treasurer belonging to the district after the items, bills, salaries, or expenses have been approved at a meeting of the board of commissioners. Members of the board of commissioners are authorized to receive compensation not to exceed one hundred dollars per day as may be determined by the board of commissioners for every day a commission member is actually employed in the services of the district and may be reimbursed any expenses incurred in performing the duties imposed upon him by virtue of his appointment. Each member of the board of commissioners shall not be paid per diem for more than thirty-six days in any one year, except that members of the boards of commissioners of the Calcasieu Parish Drainage District No. 4 (Ward 3) and the Calcasieu Parish Drainage District No. 5 (Ward 4) shall not be paid per diem for more than forty-eight days in any one year. (R.S. 38:1794)

51 Power to abolish; fiscal, budgetary and other controls In any case where the governing authority of any parish shall have created or established any board, commission, agency, district, office, government, or any unit having governmental functions, power or authority, such governing authority is authorized to abolish same; provided that where any indebtedness is outstanding, such authority shall not be exercised until provision is made for the assumption of such indebtedness in the manner provided by law. Where a parish governing authority is given the power to appoint members to boards or commissions, the governing authority shall have the power to remove and replace the members or commissioners. In any case where a parish governing authority has the power to create any board, commission, etc., such governing authority is authorized to provide appropriate budgetary and fiscal controls over said entity. Budgetary and fiscal controls shall include, but not be limited to, approval of operating budgets with the right to veto or reduce lineitems. No such board, commission, etc., shall exercise any power to submit to the people any proposal to levy any tax or issue any bonds unless the proposal first has been submitted to and been approved by the parish governing authority. The parish governing authority shall exercise such other budgetary and fiscal controls as are necessary and proper to ensure the maximum feasible coordination of government on the local level. (R.S. 33:1415)

52 EXHIBIT 2 Executive Order Number JBE : Louisiana Watershed Based Floodplain Management Coordination

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