Lake Charles, Louisiana
April 19, 2000
The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Wednesday, April 19, 2000, in the Police Jury Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with the Honorable Charles S. Mackey, D.D.S., President, presiding, and the following members present:
Mesdames Luvertha August, Elizabeth C. Griffin, and Sandra J. Treme; and Messrs. Francis Andrepont, Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chuck Kleckley, Chris Landry, Hal McMillin, Don Manuel, and Cornelius "Cornie" Moon
Absent: None
Also present were Mr. S. Mark McMurry, Administrator and Ex-Officio Secretary/Treasurer; Ms. Gernine Mailhes, Assistant District Attorney; Ms. Kathy Criglow, Recording Secretary; Mrs. Coleen Clark, Executive Secretary; Mrs. Cheryl Heisser, Director of Human Resources; Ms. Pam Sturrock, Assistant Director of Planning and Development; Mr. Claude Smart, Parish Engineer; Mr. Jerry Milner, Director of Finance; Mr. Richard Gremillion, Director of Emergency Preparedness; Mr. Bryan Beam, Assistant to the Administrator; and Mr. Gerry Trahan, Director of Facilities Management.
President Mackey called the meeting to order, and the invocation was pronounced by Reverend Dr. Ralph Milligan, Samaritan Counseling Center of Imperial Calcasieu, which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.
Mr. Clement presented a plaque to Mr. Jimmy Patin for his 35 years of service as a member of the Board of Commissioners of the Vinton Harbor and Terminal District, and Mr. Patin expressed his appreciation for this recognition.
President Mackey granted a point of personal privilege to Ms. Griffin who stated that support of census efforts in the Parish was still needed. She then introduced Mr. Dennis Ware who appeared before the Police Jury and spoke of the importance of having everyone in the Parish register with the Census Bureau and the extra tax revenues associated with a complete and thorough census count. He pointed out that Calcasieu Parish was a little above the state average and a little below the national average in terms of completion of the census count and that only 57% of the households in the Parish had been contacted. Mr. Ware asked each juror to try and convince four or five of their constituents to be tested for census jobs so that all households could be contacted in order for the Parish to receive its fair share of tax money over the next ten years.
President Mackey then presented plaques to the following women who come under the umbrella of the Calcasieu Parish Police Jury who were recently honored during the National Women in History Monthcelebration by the U. S. Postal Service: Ms. Luvertha August, Ms. Elizabeth C. Griffin, Ms. Sandy Treme,
Ms. Sandra Mason, and Ms. Angie Quienalty. Each expressed their appreciation of having been selected for this honor and for the additional recognition on this date by the Police Jury.
President Mackey advised that no action was needed on applications for liquor and beer permits due to the fact that no applications had been submitted.
Motion was made by Mrs. Griffin, seconded by Mr. Clement and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated March 23, 2000, be approved as written, and the reading of same was dispensed with.
President Mackey advised that action was needed on Zoning Case RZ03-020-88 which was a request by the Calcasieu Parish Planning and Zoning Board to consider reversion of the case of Bert Jewery Webb to revert from C-2 (General Commercial) to R-2 (Mixed Residential) property located on Carpenter Lane in Ward Three, Police Jury District 2. President Mackey further advised that the Planning and Zoning Board had met on April 11, 2000, and voted 8 (for) to 3 (against) to defer for thirty days.
It was moved by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with reference to Zoning Case RZ03-020-88 as outlined above and that action thereon be deferred for thirty days.
President Mackey advised that action was needed on Zoning Case RZ04-015-00 which was a request by Stephen and Diana Khoury to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to allow a truck stop on Beglis Parkway in Ward Four, Police Jury District 12. He further advised that the Planning and Zoning Board had met on April 11, 2000, and voted 7 (for) to 4 (against) to recommend that the request be granted with the following stipulations: (1) that the use be limited to a truck stop only; (2) that the development must adhere to the site plan on file with the Division of Planning and Development; (3) that all drives and parking must be hardsurfaced (concrete or asphalt); (4) that petitioner must obtain a driveway permit from the Louisiana Department of Transportation and Development; and (5) that a six-foot wood fence be installed along the north property line (500 feet in length starting from the rear property line).
Ms. Sturrock gave a brief history of the request to rezone, pointing out that the property was located in the south Sulphur area and that the proposed development would include gas/diesel pumps, 107 parking spaces, a convenience store with deli and kitchen, restrooms, a truckers lounge with 50 video poker machines, and laundry and shower facilities. Ms. Sturrock advised that the petitioner had a buy/sell agreement with Bighorn, LLC, and the purchaser intended to develop only 5.40 acres of the total 7.78 acres leaving the rest to serve as a buffer. She further advised that the proposed plans included hardsurfaced parking, entrance and exit to Beglis Parkway (State Highway 3077), connecting into City of Sulphur sewage and Carlyss Waterworks, and the installation of a six-foot wooden fence along a portion of the north property line.
Ms. Sturrock stated that this type of business could be beneficial to the Parish for economic reasons in that it would employ 15-20 people and would involve an estimated construction cost of $1,250,000, as well as additional occupational license revenue and video poker revenue. She pointed out that there were currently 767 video poker machines in the unincorporated area of the Parish which yielded approximately $93,000 per month.
Ms. Sturrock advised that the surrounding property was undeveloped - to the south and to the north was vacant and cleared property, to the east was woods, and to the west was a vacant lot with piles of concrete debris.
Ms. Sturrock pointed out that the subject property had been zoned residential since 1980 and that copies of letters in opposition to the request to rezone were included in the agenda packets.
President Mackey then stated that both the proponents and opponents would each be given six minutes to make presentations to the Police Jury, with both sides having three minutes each for rebuttals.
Mr. Stephen Khoury, 603 Pecan Street, Sulphur, appeared before the Police Jury and advised that he had originally planned to build a house on the subject property but had decided the location was too commercial and should be sold as such which was the reason for his request to rezone.
Mr. Jeffrey Johnson, 171 Navajo, Kinder, appeared before the Police Jury on behalf of Bighorn, LLC and asked the Police Jury to take into consideration the favorable vote of the Planning and Zoning Board. He stated that the proposed development would create jobs and increase tax revenues. Mr. Johnson also stated that representatives of his company had talked to the surrounding property owners and that his company was willing to put up a 500' privacy fence and keep the property well-maintained in a respectable manner.
President Mackey stated that the Jury would at this time hear from the opponents and recognized Mr. Danny Taylor of 919 Ashley Lane, Sulphur, who stated that he had bought his property and built a home on it knowing it was residential and that the land to the south was residential. He also stated that his home and those surrounding his were valued at $100,000 and pointed out that the proposed truck stop would be in their front yards with 50 - 100 trucks running all night. Mr. Taylor also spoke of his concerns about carbon monoxide, noise, safety of children who walked back and forth to the convenience store on the corner, safety of traffic at the intersection of Beglis Parkway and Patton Street which he had heard was one of the worst intersections for accidents in the State. Mr. Taylor disagreed with answers contained on the petitioner's application to rezone and stated that he felt the development would be a nuisance to the surrounding area because of odors, vibrations, unsightly areas or other unwarranted elements, and that it would adversely affect the character of the area involved. Mr. Taylor stated that if this request to rezone was approved,
another truck stop would be put in at the convenience store currently situated at the intersection of Beglis Parkway and Patton Street which would be about 50' from his bedroom.
Mr. Tony Scarpulla of 2711 Golden Leaf Lane, Sulphur, appeared before the Police Jury and referred to a letter which he and his wife (Rhonda) had forwarded to the jurors in opposition to the request to rezone (a copy of which was included in their agenda packets) which, among other things, pointed out that the area to the north of the subject property (400' from the Scarpulla's home) was already planned to be a truck stop casino, and if the request to rezone was approved would mean that Sulphur would have five truck stop casinos with three being on Beglis Parkway. The letter also pointed out various safety concerns for children riding bicycles and walking in this vicinity.
Mr. Scarpulla thanked the jurors with whom he had talked for their time in listening, especially Mr. Clement who had gone out and talked to persons in the neighborhood. Mr. Scarpulla pointed out that the area had been zoned residential for a long time, and he asked the jurors to not let the potential video poker revenue from the truck stop casino decide the fate of his subdivision.
Motion was made by Mr. Andrepont and seconded by Mrs. Treme to uphold the recommendation of the Planning and Zoning Board and to grant the request to rezone subject to the stipulations outlined by said Board.
Mrs. Griffin stated that she remembered a zoning request which was presented to the Police Jury at the end of the year in 1999 to build some apartments on Beglis Parkway, and said request was not granted because of the concerns of residents in that area relative to safety, traffic congestion, drainage, sewer, the possibility of low-income housing, etc., yet these same residents were not expressing concern over or opposition to the current zoning request, the latter of which she stated she could not support.
An amendment to the motion on the floor was offered by Mr. Clement, seconded by Mr. McMillin, and carried unanimously that if the request to rezone was approved, that an additional stipulation be added to those outlined by the Planning and Zoning Board to provide that the truck stop could only be accessible from Beglis Parkway thus preventing any future expansion of the truck stop or accessability to it through the adjoining subdivision.
Mrs. August stated that she agreed with statements made earlier by Mrs. Griffin and pointed out that concerns over drainage had been expressed by residents of Kingswood Subdivision when the apartment complex was being discussed and asked Ms. Sturrock how the proposed truck stop would not create the same drainage problems. Ms. Sturrock stated that it would definitely have an impact on drainage, but it was her understanding that a letter had been received from Gravity Drainage District No. Five of Ward Four relative to drainage concerns in this area during the previous zoning case.
Mrs. August asked how the developers of the truck stop planned to address concerns relative to traffic congestion which had been previously voiced by residents of Kingswood Subdivision, particularly with the 107 parking spaces and 18-wheeler traffic associated with the truck stop. Ms. Sturrock stated that there would be two entrances into the truck stop to allow traffic flow into and out of the complex, and the developers would have to get approval from the Louisiana Department of Transportation and Development to install those driveways.
Mrs. August asked if anyone was present in the audience to answer these questions on behalf of the developer, and Mr. Johnson (who appeared before the Police Jury earlier in the meeting) stated that storm water drainage would drain 50% to the drainage ditch and the rest to the back of the property. Ms. August asked if that would mean it would drain to the subdivision located east of the proposed development, to which Mr. Johnson responded that the developers would try to drain some of the water to the north and south with the majority of it going to the ditch in front (west) of the property.
Mr. Manuel stated that one of the original purposes of comprehensive zoning was to protect the integrity of a neighborhood, and he would hate to have to sleep at night with 50 trucks running their engines in his backyard; therefore, he could not support the request to rezone.
In answer to questions by Mr. Landry, Ms. Sturrock advised that there was a fence along the north side of the subject property, and said fence adjoined the subdivision which was northeast of said subject property as shown in a video presented earlier in the meeting on this date.
Mr. McMillin stated that residents of this subdivision had investments in their homes of $100,000 and asked Mr. Johnson why the Police Jury should vote to rezone the property adjoining it for a truck stop. Mr. Johnson stated that land in today's society was becoming so cluttered, and developers had to look for undeveloped property which he felt the subject property was a prime location with the amount of traffic in that area. He pointed out that he lived "out in the country" in Kinder but yet he had neighbors all around him, and it was becoming more that way everywhere.
Mr. McMillin pointed out the property was zoned residential when the residents of the subdivision had built and invested in their homes and asked Mr. Johnson why it would be good to have a truck stop next to these persons' homes. Mr. McMillin stated that this was what he would have to be convinced of and that the residents' concerns would have to be taken into consideration. He questioned whether Mr. Johnson would like to live next door to a truck stop and if so, why, to which Mr. Johnson responded that he had grown up in the country and would not like living that close and would voice his opposition if a truck stop was proposed, but it was the Police Jury's decision as to whether to vote for or against the request to rezone.
Mr. McMillin asked the same questions of Mr. Khoury (the petitioner and seller of the property), and Mr. Khoury stated that he had not built a house on the property, because he could see that it was not the place for a home even though it was a beautiful piece of property. He pointed out that there was a congested interchange on the interstate nearby, and the surrounding property was becoming more and more commercial in use. Mr. Khoury further stated that he had spoken with residents of Kingswood Subdivision who said they would prefer a business in their neighborhood over an apartment complex, and he stated that he had also been approached by persons who owned property north of his who wanted to purchase some of his property because they did not have enough. Mr. Khoury also stated that he did not know if there was enough property to the north of his to put in a truck stop but perhaps would be if it was developed in conjunction with the USA Convenience Store currently located there. He advised that his property would allow a truck stop further away from the residential area and that Mr. Johnson's company would do a professional job, pointing out that a truck stop had been developed on the side of Le Triomphe Golf Course near Lafayette, and those residents had not complained about it. Mr. Khoury further stated that the residents of Kingswood Subdivision knew that the proposed development would be a professional job and felt it would be better for the community.
Mr. Kleckley pointed out that the property to the north of the subject property was zoned C-3 (Central Business Commercial), to the south R-1 (Single Family Residential), and a strip running down the east side of Beglis Parkway across the street was zoned C-1 (Light Commercial). He asked if the Police Jury would have some legal liability if the request to rezone to commercial was denied, to which Ms. Mailhes answered that this was one of the conditions in the previous zoning issue, that being spot zoning, and stated that it would be something the courts would have to decide.
Mr. Kleckley also asked if the neighbors in the area would have recourse if truck noise became a problem, and Ms. Mailhes stated that the Parish did have an ordinance governing noise. Ms. Sturrock pointed out that proper landscaping could help reduce noise and that there was currently a wooded area between the proposed development and the adjoining subdivision.
Mr. Andrepont stated that the only property on Beglis Parkway that was not currently zoned commercial was the property owned by Mr. Khoury and the property owned by Mr. Albert Andrepont, and those two pieces of property were contiguous. Mr. Andrepont also stated that he felt that a truck stop would be developed in conjunction with the USA Convenience Store and pointed out that industry was located less than three miles from the area. He further stated that while he had sympathy for the property owners who resided just east of the proposed truck stop, he felt it was ludicrous to believe that this property would not ultimately be rezoned for commercial use in light of the fact that everything else on Beglis Parkway was already zoned commercial. Mr. Andrepont stated that he felt both sides of the current zoning request had some merits, but the property was not designed for residential use, and the reason it was originally zoned residential because at one time there was a dwelling on the property which later burned and was sold at Sheriff's sale, but if not for that, the property would have long ago been zoned commercial.
Mr. Moon asked, for clarification purposes, if a truck stop would definitely be built in conjunction with the USA Convenience Store regardless of what action was taken on the zoning case under discussion, to which Mr. Andrepont stated that he felt this would be the case, because that property was already properly zoned for such use.
Mr. Khoury stated that he was not certain that the owners of the convenience store had enough property to put in a truck stop and pointed out that they had tried to buy some of his property.
Mr. Derbonne asked what was currently located on the southeast and southwest corners of the intersection of Beglis Parkway and Patton Street, to which Ms. Sturrock answered that there were two convenience stores located there, one on each side of Beglis Parkway. He then asked if access to the subdivision from which opposition was being voiced relative to the subject zoning case was from Patton Street, and Ms. Sturrock answered affirmatively.
There being no further questions from the jurors, President Mackey stated that the Police Jury would at this time hear rebuttals.
Mr. Scarpulla advised that the property to the south of his, which was part of the proposed buffer zone, and the property to the east of his did hold water, and if this property was built up, his subdivision would get more water. He stated that he was not opposed to growth in the community by any means, but he was opposed to the truck stop.
There being no further rebuttals, President Mackey called for a vote on the motion on the floor as previously amended. Mr. McMillin pointed out that Mr. Kleckley still had a very important question to address to Mr. Johnson that he had not yet had an opportunity to ask relative to the buffer zone, and President Mackey asked that Mr. Johnson come back to the microphone.
Mr. Kleckley asked if planting appropriate shrubbery in order to reduce noise would be a problem for Mr. Johnson's company, to which Mr. Johnson answered that it would be no problem at all and pointed out that the newer 18-wheel trucks made little noise when the brakes were "bled" and were fairly quiet. Mr. Kleckley then asked if the 12-foot buffer zone could be increased, and Mr. Johnson stated that it would be a possibility, but he did not want to put that in writing. He also stated that he would like to put in a six-foot fence and if that was not adequate, they would look at something else.
An amendment to the motion on the floor was offered by Mr. Kleckley, seconded by Mr. McMillin and carried unanimously that a stipulation be added to those outlined by the Planning and Zoning Board to provide that tightly-packed pampas grass would be planted in the buffer zone along the north side of the subject property between the residential area and the proposed truck stop.
A roll call vote was then taken on the motion as amended, and the vote thereon was as follows:
YEAS: Mr. Andrepont, Mr. Danahay, Mr. Derbonne, Mr. Kleckley, Mr. Landry, Mr. McMillin, Mr. Moon, and Mrs. Treme
NAYS: Mrs. August, Mr. Breaux, Mr. Clement, Mr. Collins, Mrs. Griffin, and Mr. Manuel
ABSENT: None
NOT VOTING: President Mackey
The vote being eight (for) and six (against), President Mackey declared said motion as having carried; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4188
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Stephen & Diana Khoury to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to allow a truck stop on the property described as: beginning at a point on the E ROW line of Arizona Street said point being 293.04 ft E and N 4 degs 36 min 34 sec E 333.44 ft from the SW cor of the NW/4 of the NE/4 of Section 11, T10S, R10W, Calcasieu Parish, Louisiana; th N 4 degs 36 min 34 sec E 333.44 ft along the E ROW line of Arizona Street; th S 89 degs 03 min 23 sec E 996.46 ft; th S 1 deg 04 min 23 sec W 339.49 ft; th N 88 degs 40 min 13 sec W 1019.01 ft to the POB and containing 7.784 acres.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 2000, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Four of this parish:
From R-1 (Single Family Residential) to C-2 (General Commercial) with the following stipulations:(1) that the use be limited to a truck stop only; (2) that the development must adhere to the site plan on file with the Division of Planning and Development; (3) that all drives and parking must be hardsurfaced (concrete or asphalt); (4) that petitioner must obtain a driveway permit from the Louisiana Department of Transportation and Development; (5) that a six-foot wood fence be installed along the north property line (500 feet in length starting from the rear property line; (6) that ingress and egress to the truck stop be limited to Beglis Parkway; and (7) that 5-gallon pampas grass plants must be planted on four-foot centers in front of the fence along the north property line, the property being described as follows: beginning at a point on the E ROW line of Arizona Street said point being 293.04 ft E and N 4 degs 36 min 34 sec E 333.44 ft from the SW cor of the NW/4 of the NE/4 of Section 11, T10S, R10W, Calcasieu Parish, Louisiana; th N 4 degs 36 min 34 sec E 333.44 ft along the E ROW line of Arizona Street; th S 89 degs 03 min 23 sec E 996.46 ft; th S 1 deg 04 min 23 sec W 339.49 ft; th N 88 degs 40 min 13 sec W 1019.01 ft to the POB and containing 7.784 acres.
Zoning Case RZ04-015-00
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Charles S. Mackey, D.D.S., President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
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Motion was made by Mr. Andrepont, seconded by Mr. Breaux and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 2000, that it does hereby authorize the Director of the Calcasieu Parish Division of Planning and Development and the Calcasieu Parish Clerk of Court to file the plat of Edwards Road Addition located in Ward Six in Section 10, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana, in the records of the Calcasieu Parish Clerk of Court, for the sole purpose of meeting the legal recording requirements.
BE IT FURTHER RESOLVED that the recordation of the plat shall not be construed to mean that the Police Jury and/or Calcasieu Parish Planning and Zoning Board or anyone acting on their behalf has accepted and/or approved the streets, roads, drainage system, or any facilities in the subject survey.
BE IT FURTHER RESOLVED that said streets, roads, and drainage system on the aforementioned plat have not been and are not hereby approved in accordance with parish ordinances and regulations, and are solely private in nature.
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be filed in the office of the Calcasieu Parish Clerk of Court and reference shall be made to same on the plat to be recorded.
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President Mackey advised that action was needed on adopting a resolution accepting Arbor Place Subdivision located in Ward Four (north Westlake) located off of Dalton Road in Section 13, Township 10 South, Range 9 West, Calcasieu Parish.
Ms. Sturrock stated that this was located in the Westlake area, and the developer wanted to develop a six-lot subdivision with 16,000 square-foot lot sizes for single-family residential purposes. She pointed out that the property was currently zoned R-2 (Mixed Residential) which would allow one house or manufactured home per lot and that the Office of Planning and Development recommended preliminary subdivision approval with the condition that one revision be made to the subdivision plat.
Mr. Ronnie Williamson appeared before the Police Jury in opposition to acceptance of the proposed subdivision and stated that he lived one block away from it. He also stated that there had been 30 to 40 people at the Planning and Zoning Board meeting in opposition, but he guessed they had given up, and at said meeting it was his understanding that the subdivision would go all the way from Fletcher Road to Dalton Road, but now it was being presented as involving only six lots.
Ms. Sturrock explained that the developer owned all of the property extending to Fletcher Road, but the subdivision would only be off of Dalton Road, 151 feet in depth.
Mr. Williamson asked what would keep the developer from developing all the way back to Fletcher Road, to which Mr. McMillin answered that he could not do so without further approval of the Police Jury.
Mr. Williamson asked why rental property was not considered commercial usage and stated that the developer had approached a man Mr. Williamson worked with to buy two houses in Mossville. He further stated that the developer had said the houses would be $60 - $100,000 in value, and they were not, and that the developer had given one of the houses away, because it wasn't worth moving. Mr. Williamson stated that he did not want any "shanties" in his neighborhood and questioned what good the subdivision would be for the surrounding neighborhood, and he hoped the jurors would ask that same question as they had when discussing the truck stop casino earlier in the meeting on this date. Mr. Williamson also pointed out Mr. Manuel's earlier comment about one of the purposes of zoning being to protect the integrity of existing neighborhoods.
Mr. McMillin reiterated that the development would only consist of six lots on 151 feet of property which could not be expanded without action of the Police Jury. He also stated that the houses the developer was moving in were coming from the Richard Park area located on Condea Vista property, and he had looked at one which had a value of approximately $45 - $50,000 which would be a good starter home and which was similar to what currently existed in the area of the proposed subdivision.
Mr. Williamson again asked what good the proposed subdivision would be for the neighborhood, and Mr. McMillin stated that it would provide six new homes that six families could live in which were very much needed in the Westlake area.
Mr. Williamson again asked why rental property was not zoned commercial if someone was making money from it, to which Ms. Mailhes answered that rental property was not considered a business. Mr. Williamson questioned what the remaining houses to be moved in would be like, and Mr. McMillin pointed out that flyers had been distributed throughout the neighborhood relative to this proposed subdivision, and said flyers had contained erroneous information.
In response to Ms. Griffin's request, Ms. Sturrock gave a brief report stating that when the developer came in with a plat, the Planning and Development staff reviewed it and found that it met all criteria for development of a subdivision, but in order for the plat to be filed in the Clerk of Court's Office, it had to be approved by the Police Jury. Ms. Sturrock pointed out that during the review process, it had been determined that the property was already properly zoned and that the lot sizes were in compliance with the subdivision ordinance.
Mrs. Griffin asked if the developer had applied to put manufactured homes in the subdivision, and Ms. Sturrock answered that he had said it would be for homes and so far, there were two houses out there. Mrs. Griffin pointed out that it appeared to her that the developer had followed all regulations required by the Parish.
Mr. Manuel asked that the jurors hear from the developer with regard to the proposed subdivision and Mr. Ronnie Godeaux, the developer, of 230 East Dick Hayes Road in Westlake, appeared before the Police Jury. Mr. Manuel pointed out that one of the major concerns of the opposition was that he was going to buy shacks and put them in the subdivision, and he asked if Mr. Godeaux would have any problem with a stipulation that the additional houses he put in would meet or exceed what he had put in the subdivision already. Mr. Godeaux stated he had no problem at all with such a stipulation and advised that he did a lot of business but if he had talked about putting in houses from Mossville, they would definitely not go in this particular subdivision.
Motion was made by Mr. Manuel and seconded by Mrs. Griffin that Arbor Place Subdivision be accepted, with the one revision to the plat as recommended earlier in the meeting by the staff, and with the stipulation that all homes to be put in this subdivision must be equal to or exceed what had already been placed in the subdivision.
A roll call vote was then taken on the motion on the floor, and the vote thereon was as follows:
YEAS: Mr. Andrepont, Mrs. August, Mr. Breaux, Mr. Clement, Mr. Collins, Mr. Danahay, Mrs. Griffin, Mr. Derbonne, Mr. Kleckley, Mr. Landry, Mr. McMillin, Mr. Manuel, Mr. Moon, and Mrs. Treme
NAYS: None
ABSENT: None
NOT VOTING: President Mackey
The vote being unanimously in favor, President Mackey declared the motion as having carried; whereupon, the following resolution was adopted:
RESOLUTION
WHEREAS, Ronny Godeaux subdivided certain property in Ward Four of Calcasieu Parish, Louisiana, known as Arbor Place Subdivision, a subdivision in Section 13, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana, and
WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and
WHEREAS, said subdivision plat was prepared by J. David Morrison, Registered Land Surveyor No. 4649, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana, and
WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on June 14, 2000, bearing File No. 2506704.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 2000, that it does hereby officially accept Arbor Place Subdivision for future maintenance by the Parish.
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Motion was made by Mrs. Griffin, seconded by Mr. Danahay and carried unanimously that the following resolution be adopted:
RESOLUTION
WHEREAS, notification has been received that application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Lloyd Oakley to construct a boat launch, bulkhead, walkway and wharf, to stop erosion of an existing dirt ramp, and for private recreational use, located in and adjacent to Moss Lake, near the Calcasieu Ship Channel, approximately one mile north from the Gulf Intracoastal Waterway, in Section 12, Township 11 South, Range 10 West, near Sulphur, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Lloyd Oakley relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation Systems; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection of the permit application based on parish ordinances and provisions, provided a development permit is obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 2000, that it does hereby indicate no objection to the proposal of Lloyd Oakley to construct a boat launch, bulkhead, walkway and wharf, to stop erosion of an existing dirt ramp, and for private recreational use, located in and adjacent to Moss Lake, near the Calcasieu Ship Channel, approximately one mile north from the Gulf Intracoastal Waterway, in Section 12, Township 11 South, Range 10 West, near Sulphur, in Calcasieu Parish, Louisiana, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, and approvals are received from all appropriate state and federal agencies, and further, that a development permit be obtained from the Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project's effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
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It was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the Director of Planning and Development be authorized to notify the following property owners in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to show cause at a public hearing on May 18, 2000, or the first regular Police Jury meeting thereafter, as to why the structures on the properties as stipulated should not be condemned:
Upon motion made by Mrs. August, which was duly seconded by Mr. Collins and carried unanimously, the following ordinance was adopted:
ORDINANCE NO. 4189
AN ORDINANCE, approving and accepting the construction work of Prairie Construction Company, Inc., certified to be satisfactorily completed by the Parish Engineer, under the paving contract awarded to Prairie Construction Company, Inc., by the Parish of Calcasieu, Louisiana, on the 2nd day of December, 1999.
SECTION I: BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 2000, that the Police Jury hereby accepts the Parish Engineer's certificate of satisfactory completion of the construction work performed and done by Prairie Construction Company, Inc., under the contract awarded to Prairie Construction Company, Inc., on December 2, 1999, affecting and relating to the paving of the following streets, to-wit:
Soil cement base with two-inch hot mix asphalt surface course 20 feet in width and with open ditches in Section 29, Township 8 South, Range 8 West, and in Section 34, Township 8 South, Range 8 West, and Section 29, Township 8 South, Range 8 West, located in Ward One of Calcasieu Parish, Louisiana.
(1) BOBBIE LANE, located in Winding Woods Estates Part 2, in its entirety from Crawford Drive to deadend;
(2) CHERRY STREET, located in Magnolia Forest Estates No. 3, in its entirety from Pin Oak Drive to Willow Drive;
(3) SABRE DRIVE, located in Moss Bluff Estates Part 2 and Winding Woods Estates Part 4, in its entirety from Belfield Drive to deadend.
SECTION II: BE IT FURTHER ORDAINED, ETC., that all ordinances or parts of ordinances in conflict herewith are hereby repealed.
THIS ORDINANCE, having been submitted to a vote, and the vote thereon was as follows:
YEAS: Mr. Andrepont, Mrs. August, Mr. Breaux, Mr. Clement, Mr. Collins, Mr. Danahay, Mrs. Griffin, Mr. Derbonne, Mr. Kleckley, Mr. Landry, Mr. McMillin, Mr. Manuel, Mr. Moon, and Mrs. Treme
NAYS: None
ABSENT: None
NOT VOTING: Dr. Charles S. Mackey, President
And the Ordinance was declared duly adopted on this, the 19th day of April, 2000.
/s/ Charles S. Mackey, D.D.S., President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Secretary
* * * * * * * * * * * *
Motion was made by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously that the following Local Assessment Ordinance be adopted:
LOCAL ASSESSMENT ORDINANCE NO. 112 AN ORDINANCE, accepting the report of the Parish Engineer showing in detail the total cost of paving certain streets in the Parish of Calcasieu, Louisiana, including curbing, storm sewer, alleys, street intersections and Engineer's fees and other expenses incidental to the cost of said improvements, authorized by Resolution dated December 2, 1999, making and levying assessments against all abutting immovable property and the owners thereof, all in accordance with Louisiana Revised Statutes 33:3689.1 - 33:3689.17 and all other laws pertaining to the same subject matter.
SECTION I: BE IT ORDAINED BY THE PARISH OF CALCASIEU, LOUISIANA, in regular session convened on the 19th day of April, 2000, that the report of the Parish Engineer, duly certified by him, showing in detail the cost of improving and paving the following streets, to-wit:
Soil cement base with two-inch hot mix asphalt surface course 20 feet in width and with open ditches in Section 29, Township 8 South, Range 8 West, and in Section 34, Township 8 South, Range 8 West, and Section 29, Township 8 South, Range 8 West, located in Ward One of Calcasieu Parish, Louisiana.
(1) BOBBIE LANE, located in Winding Woods Estates Part 2, in its entirety from Crawford Drive to deadend;
(2) CHERRY STREET, located in Magnolia Forest Estates No. 3, in its entirety from Pin Oak Drive to Willow Drive;
(3) SABRE DRIVE, located in Moss Bluff Estates Part 2 and Winding Woods Estates Part 4, in its entirety from Belfield Drive to deadend.
including the necessary curbing, storm sewer and all intersections and Engineer's fees and all other expenses incidental to the cost of said improvements, authorized by Resolution dated December 2, 1999, of the Parish of Calcasieu, Louisiana, payable by the abutting property owners in the following amounts, to-wit:
Soil cement base with two-inch hot mix asphalt surface course 20 feet in width and with open ditches in Section 29, Township 8 South, Range 8 West, and in Section 34, Township 8 South, Range 8 West, and Section 29, Township 8 South, Range 8 West, located in Ward One of Calcasieu Parish, Louisiana.
(1) BOBBIE LANE, located in Winding Woods Estates Part 2, in its entirety from Crawford Drive to deadend;
(2) CHERRY STREET, located in Magnolia Forest Estates No. 3, in its entirety from Pin Oak Drive to Willow Drive;
(3) SABRE DRIVE, located in Moss Bluff Estates Part 2 and Winding Woods Estates Part 4, in its entirety from Belfield Drive to deadend.
TOTAL FOR PAVING ........................................................................ $105,158.52
CALCASIEU PARISH, LOUISIANA, PAVING PROJECT NO. 1999-11
LOCAL ASSESSMENT ORDINANCE NO. 112
BOBBIE LANE, CHERRY STREET AND SABRE DRIVE
WARD ONE, CALCASIEU PARISH
PARISH ENGINEER'S STATEMENT AND DULY CERTIFIED REPORT
/s/ Claude D. Smart, Parish Engineer
ASSESSED DESCRIPTION
BOBBIE LANE, from Crawford Drive to deadend:
1. Steven Paul Farque, et ux Lot 24 Winding Woods Estates Part 2
2321 Crawford Drive FRONT FOOTAGE: 200 Lake Charles, LA 70611 COST PER FRONT FOOT: $15.3165 TOTAL ASSESSMENT $3063.30
2. Colby Kibodeaux, et ux Lot 23 Winding Woods Estates Part 2
449 Bobbie Lane FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $3063.30
3. David George Messina, et ux Lot 22 Winding Woods Estates Part 2
505 Bobbie Lane FRONT FOOTAGE: 200
Lake Charles, LA 70611-4631 COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $3063.30
4. Stephen Christian Kent Lot 21 Winding Woods Estates Part 2
4940 West St. Charles Avenue FRONT FOOTAGE: 200
Lake Charles, LA 70605 COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $3063.30
5. Richard Kurt Spence, et ux Lot 20 Winding Woods Estates Part 2
521 Bobbie Lane FRONT FOOTAGE: 130.9
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $2004.93
6. Melvin R. Elliot 15% interest in 4/9 interest in Lot 15 Winding Woods
818 Touchey Street Estates Part 2
Lake Charles, LA 70601 FRONT FOOTAGE: 13
COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $199.11
7. Clark Real Estate Enterprises 85% interest in 4/9 interest in Lot 15 Winding Woods
#8 River Road Estates Part 2
Lake Charles, LA 70601 FRONT FOOTAGE: 75
COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $1148.74
8. The S. Garland Kent, Jr. 5/9 interest in Lot 15 Winding Woods Estates Part 2
Testament Trust FRONT FOOTAGE: 112
4940 West St. Charles Avenue COST PER FRONT FOOT: $15.3165
Lake Charles, LA 70605 TOTAL ASSESSMENT $1715.45
9. Donald Wayne Vines, et ux Lot 16 Winding Woods Estates Part 2
448 Bobbie Lane FRONT FOOTAGE: 200
Lake Charles, LA 70611-4632 COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $3063.30
10. Michael Harold Fontenot Lot 17 Winding Woods Estates Part 2
504 Bobbie Lane FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $3063.30
11. Todd Michael Oubre, et ux Lot 18 Winding Woods Estates Part 2
512 Bobbie Lane FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $3063.30
12. Todd Michael Oubre, et ux Lot 19 Winding Woods Estates Part 2
512 Bobbie Lane FRONT FOOTAGE: 130.9
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.3165
TOTAL ASSESSMENT $2004.93
Sub Total for Chay Drive . . . . . . . . . . . . $28,516.26
CHERRY STREET, from Pin Oak Drive to Willow Drive
13. Charles Glen Parks, et ux Lot 20 Magnolia Forest Estates Number 3
1619 Cherry Street FRONT FOOTAGE: 204
Lake Charles, LA 70611-6730 COST PER FRONT FOOT: $16.0561
TOTAL ASSESSMENT $3275.44
14. David Joseph Melancon, Jr., et ux Lot 21 Magnolia Forest Estates Number 3
1647 Cherry Street FRONT FOOTAGE: 204
Lake Charles, LA 70611 COST PER FRONT FOOT: $16.0561
TOTAL ASSESSMENT $3275.44
15. Allen Brice Quakenbush, et ux Lot 22 Magnolia Forest Estates Number 3
1681 Cherry Street FRONT FOOTAGE: 204
Lake Charles, LA 70611-6730 COST PER FRONT FOOT: $16.0561
TOTAL ASSESSMENT $3275.44
16. Terry Wayne Soileau, et ux Lot 23 Magnolia Forest Estates Number 3
1713 Cherry Street FRONT FOOTAGE: 204
Lake Charles, LA 70611-6729 COST PER FRONT FOOT: $16.0561
TOTAL ASSESSMENT $3275.44
17. George Raymond McFatter, Lot 26 Magnolia Forest Estates Number 3
Jr., et ux FRONT FOOTAGE: 204
1708 Cherry Street COST PER FRONT FOOT: $16.0561
Lake Charles, LA 70611-6729 TOTAL ASSESSMENT $3275.44
18. David Harold Huval, et ux Lot 27 Magnolia Forest Estates Number 3
1676 Cherry Street FRONT FOOTAGE: 204
Lake Charles, LA 70611-6730 COST PER FRONT FOOT: $16.0561
TOTAL ASSESSMENT $3275.44
19. Calvin (nmn) Lafleur, et ux Lot 28 Magnolia Forest Estates Number 3
1646 Cherry Street FRONT FOOTAGE: 204
Lake Charles, LA 70611-6730 COST PER FRONT FOOT: $16.0561
TOTAL ASSESSMENT $3275.44
20. Joseph George Czejkowski, et ux Lot 29 Magnolia Forest Estates Number 3
1616 Cherry Street FRONT FOOTAGE: 204
Lake Charles, LA 70611-6730 COST PER FRONT FOOT: $16.0561
TOTAL ASSESSMENT $3275.44
Sub Total for Cherry Street . . . . . . . . . . . . $26,203.52
SABRE DRIVE, from Belfield Drive to deadend (South Side):
21. Larry J. Miller, et ux Lot 58 Moss Bluff Estates Part 2
31 Frederick Street FRONT FOOTAGE: 200
Rincon, GA 31326-9238 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
22. David W. Degeyter, et ux Lot 59 Moss Bluff Estates Part 2
769 Sabre Drive FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
23. Robert Edwards, et ux Lot 60 Moss Bluff Estates Part 2
753 Sabre Drive FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
24. Ronald Leonard Sieben, et ux Lot 61 Moss Bluff Estates Part 2
740 Sam Houston Jones Parkway FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
25. Alwyn Willis, et ux Lot 62 Moss Bluff Estates Part 2
407 Theriot Road FRONT FOOTAGE: 261.91
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $4147.21
26. Dennis Oliver Courtney, Jr., et ux Lot 34 Winding Woods Estates Part 4
705 Sabre Drive FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
27. Baggett Investors LLC Lot 33 Winding Woods Estates Part 4
3006 Country Club Road FRONT FOOTAGE: 200
Lake Charles, LA 70605-5920 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
28. Richard Wayne Harrington, et ux Lot 32 Winding Woods Estates Part 4
673 Sabre Drive FRONT FOOTAGE: 130.88
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $2072.42
North Side of Sabre Drive
29. Aldon Alexander Soileau, Jr. Lot 55 Moss Bluff Estates Part 2
1820 Belfield Road FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
30. Michael (nmn) Melanson, et ux Lot 54 Moss Bluff Estates Part 2
768 Sabre Drive FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
31. Dwain R. Wilkinson, et ux Lot 53 Moss Bluff Estates Part 2
754 Sabre Drive FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
32. Cedric M. Long Lot 52 Moss Bluff Estates Part 2
P.O. Box 1352 FRONT FOOTAGE: 200
Lake Charles, LA 70602-1352 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
33. Lloyd Donald Zimmerman, et ux Lot 51 Moss Bluff Estates Part 2
720 Sabre Drive FRONT FOOTAGE: 261.70
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $4143.89
34. Jason Mitchell Devillier, et ux Lot 29 Winding Woods Estates Part 4
704 Sabre Drive FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
35. Albert C. Digirolamo, Jr., et ux Lot 30 Winding Woods Estates Part 4
688 Sabre Drive FRONT FOOTAGE: 200
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $3166.90
36. Albert Robert Seifert Lot 31 Winding Woods Estates Part 4
672 Sabre Drive FRONT FOOTAGE: 130.88
Lake Charles, LA 70611 COST PER FRONT FOOT: $15.8345
TOTAL ASSESSMENT $2072.42
Sub Total for Sabre Drive . . . . . . . . . . . . $50,438.74
PROJECT 1997-11 GRAND TOTAL . . . . . . . .$105,158.52
and further showing the amount thereof, chargeable to each lot or parcel of real estate abutting said improvements in the proportion that its frontage bears to all abutting lots or parcels of real estate to be so improved and paved, be, and it is hereby accepted and approved.
SECTION II: BE IT FURTHER ORDAINED, ETC., that a special assessment is hereby made and levied against each hereinafter particularly described lot or parcel of real estate abutting each street to be improved and paved, and against all the owners thereof, in the amounts hereinafter particularly and respectively set forth, which is that part of the total cost of said improvements and paving chargeable to each such abutting property, in the proportion that the frontage bears to all of the abutting lots or parcels of real estate abutting said streets in the Parish of Calcasieu, Louisiana.
SECTION III: BE IT FURTHER ORDAINED, ETC., that all of the above amounts shall be due and payable immediately upon the final adoption of this Ordinance and if not paid within thirty (30) days thereof, it will be conclusively presumed that any property owner whose property is affected hereby exercises the right and option, which is hereby authorized and granted, to pay the amount due in ten (10) annual installments, the first of which shall become due on the 31st day of December, 2000, and the remaining installments on the 31st day of December annually thereafter, bearing interest at the rate of eight percent (8%) per annum from date of adoption hereof, payable annually, said installments to be payable at the Office of the Division of Finance in the Parish Government Building, Lake Charles, Louisiana.
SECTION IV: BE IT FURTHER ORDAINED, ETC., that the failure to pay any installments and the interest thereon to become due and payable and the Parish of Calcasieu shall, within thirty (30) days from the date of any such default, proceed against the property owners for the collection of the total amount due thereon, including interest, plus ten percent (10%) additional on unpaid principal and interest as attorney's fees.
SECTION V: BE IT FURTHER ORDAINED, ETC., that a certified copy of this Ordinance levying the special assessments on the real estate hereinabove set forth be filed in the Office of the Clerk of Court, Calcasieu Parish, Louisiana, who shall forthwith record the same in the Mortgage Records of the Parish and when so filed and recorded, it shall operate as a lien and privilege against all real estate assessed and abutting upon said streets, which lien and privilege shall prime all other claims, except taxes. Upon payment in full of any special assessment made herein, the Director of Finance of Calcasieu Parish, Louisiana, is to cancel and erase the lien and privilege resulting from the inscription of this Ordinance, insofar as it applies to and affects the lot or parcel of real estate upon which rests the assessment which has been paid.
This Ordinance having been submitted to a vote, and the vote thereon was as follows:
YEAS: Mr. Andrepont, Mrs. August, Mr. Breaux, Mr. Clement, Mr. Collins, Mr. Danahay, Mrs. Griffin, Mr. Derbonne, Mr. Kleckley, Mr. Landry, Mr. McMillin, Mr. Manuel, Mr. Moon, and Mrs. Treme
NAYS: None
ABSENT: None
NOT VOTING: Dr. Charles S. Mackey, President
And the Ordinance was declared duly adopted on this, the 19th day of April, 2000.
/s/ Charles S. Mackey, D.D.S., President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Secretary
* * * * * * * * * * * *
It was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the President of the Police Jury be authorized to execute a Contract to Provide Services/Hold Harmless Agreement with April Duplechin to provide park keeper services at Intracoastal Park.
Motion was made by Mrs. August, seconded by Mr. Collins and carried unanimously that the Personnel Policy Review Committee Report dated April 19, 2000, be approved as follows:
PERSONNEL POLICY REVIEW COMMITTEE REPORT
April 19, 2000
A meeting of the Personnel Policy Review Committee was held on Wednesday, April 19, 2000, in the Police Jury Meeting Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Elizabeth C. Griffin, Chairman, presiding, and the following members present:
Mr. Brent Clement, Mr. Calvin Collins, Charles S. Mackey, D.D.S., and Mr. Don Manuel
Absent: Mr. Mike Danahay
Also present were Mr. Algie Breaux, Mr. S. Mark McMurry, Ms. Kathy Criglow, Mrs. Coleen Clark, Ms. Gernine Mailhes, Ms. Cheryl Heisser, and Mr. Bryan Beam.
Said Committee:
(1) Received report from staff and approved the following proposed amendments to the Human Resources Policy Manual:
Under Section 3.1: Classification Plan, add the following item: (F) The employees' union will be given an opportunity to offer input on proposed changes to the classification plan that affect any bargaining unit positions.
Under Section 3.2: Compensation Plan, add the following sentence to the originally proposed language in Section (A): Formulation of this plan as it relates to the bargaining unit will be subject to applicable provisions of the union contract, particularly those pertaining to wage negotiations.
* * * * * * * * * * * * President Mackey advised that action was needed on a vacancy on the Workforce Investment Board which was created by the resignation of Dr. Tim Hall who represented The Chamber Southwest. He further advised that a letter had been received from The Chamber Southwest submitting the name of Dr. Chris Turner to fill this vacancy; whereupon, motion was made by Mr. Breaux, seconded by Mrs. August and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH,LOUISIANA, convened in regular session on the 19th day of April, 2000, that it does hereby appoint Mr. Chris Turner, to replace Dr. Tim Hall, as a member of the Workforce Investment Board, said term to expire in June, 2003.
BE IT FURTHER RESOLVED that, in accordance with state law, the above referred to appointee shall be administered an oath of office by any judge, justice of the peace, clerk of court, or notary public duly appointed and qualified in the State of Louisiana.
BE IT FURTHER RESOLVED that the above-named appointee shall be administered the oath of office within thirty days following receipt of this resolution.
* * * * * * * * * *
Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Kleckley and carried unanimously, the Parish Administrator was authorized to execute an agreement for the renewal of a lease with the law firm of Bergsteadt and Mount, a current tenant and user of the Magnolia Building, as well as a new lease with Senator Willie Landry Mount, a new tenant and user of the Magnolia Building, in accordance with parameters established by the Police Jury Liaison Group for such purpose.
Motion was made by Mr. Andrepont, seconded by Mr. Clement and carried unanimously that disbursement be authorized in the amount of $3,500 for the first FY 2000 installment of Riverboat Recreation Endowment Funds to each of the following qualifying Community Center and Playground Districts and Recreation Districts in Calcasieu Parish: Community Center and Playground District No. Four of Ward One, Community Center and Playground District No. Three of Ward Seven, Community Center and Playground District No. Two of Ward Four, Community Center and Playground District No. One of Ward Six, and Recreation District No. One of Ward Four.
It was moved by Mr. Andrepont, seconded by Mr. McMillin and carried unanimously that a report be received from Mr. McMurry relative to the negotiations with Ward Six Fire Protection District No. One for the purchase of the Southwest Louisiana Firemen Training Center (buildings and grounds) and to take appropriate action thereon.
Mr. McMurry advised that an agreement had been reached with the Fire District to purchase the center at a cost of $350,000 at closing and $75,000 per year in four annual installments with the stipulation that said fire district would continue to use the property for water shuttles and would have use of the truck bay until the Parish would need the bay for training purposes at which time the Parish would construct a bay for the District elsewhere on the property. Mr. McMurry explained that this arrangement would reimburse the District for the tax dollars that were spent on construction of the facility and improvements, and it would then become the property of the Police Jury to be operated by the Parish Office of Emergency Preparedness in conjunction with Louisiana State University's Fire School and Texas A & M's Fire School for training of municipal and parish fire district personnel, as well as training of the industrial community, the latter of which would be paid for by industry. Mr. McMurry pointed out that the Fire District had had a good idea in promoting and developing the Center but had not had the financial resources to bring it to the next level, and the staff felt it would be beneficial in terms of economic development, as well as the associated training benefits for the parish's fire districts.
In accordance with Mr. McMurry's recommendation, motion was made by Mr. Manuel, seconded by Mr. Breaux and carried unanimously that the following resolution be adopted and that an item be placed on the agenda of the Budget Committee at its next meeting scheduled for April 27, 2000, to recommend a source of funding for this acquisition:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19th day of April, 2000, that it does hereby authorize the purchase of the Southwest Louisiana Firemen Training Center (buildings and grounds) from Ward Six Fire Protection District No. One.
BE IT FURTHER RESOLVED that the President of the Police Jury is hereby authorized to sign any and all documents related thereto.
THUS APPROVED AND ADOPTED on the date above inscribed.
* * * * * * * * * * *
Mr. Breaux stated that as a fire safety instructor, he felt this was a great opportunity for Calcasieu Parish which would bring in additional revenue, and he was most excited about the Parish acquiring this center.
Motion was made by Mr. McMillin, seconded by Mrs. August and carried unanimously that a report be received from Mr. McMurry relative to the status of the Offer to Purchase made on property adjacent to Prien Lake Park. Mr. McMurry advised that the appraisal in the amount of $3.6 million had been presented, and the Bankruptcy Court Judge had issued a stay relative to the Sheriff's sale which had been scheduled for this property. He pointed out that the Parish's offer (less than $3.4 million) was less than the appraised value, and he did not anticipate anyone else making an offer on the property prior to the deadline of April 27, 2000. Mr. McMurry stated that the Police Jury would know by its next regular meeting on May 4, 2000, as to whether or not the purchase would be consummated.
It was moved by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously that the following resolutions of proclamation be adopted:
RESOLUTION
WHEREAS, the Community Development Block Grant Program has operated since 1974 to provide local governments with the resources required to primarily meet the needs of low and moderate income persons; and
WHEREAS, the Community Development Block Grant Program is among the few remaining federal programs available to address the needs of low and moderate income persons and small cities; and
WHEREAS, the Community Development Block Grant Program has provided Calcasieu Parish with important and flexible assistance to meet the needs of low and moderate income residents by funding water and sewer system improvements, housing rehabilitation, and other public improvements and economic development activities; and
WHEREAS, the U.S. Congress and the nation acknowledge the critical value of the Community Development Block Grant Program and the significant projects that rely on its funds for support; and
WHEREAS, the week of April 24 - April 30, 2000, has been reserved for recognition and appreciation of the Community Development Block Grant Program.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 2000, that it does hereby proclaim the week of April 24 - April 30, 2000, as
"COMMUNITY DEVELOPMENT BLOCK GRANT WEEK"
in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that all citizens are called upon to participate in ceremonies and activities celebrating the Community Development Block Grant Program.
* * * * * * * * * *
RESOLUTION
WHEREAS, the travel and tourism industry is tremendously important for Calcasieu Parish and contributes to employment, economic prosperity, international trade and relations, peace, understanding and goodwill; and
WHEREAS, every citizen benefits from the effects of travel and tourism, and the industry substantially enhances our personal growth and education while promoting inter-cultural understanding and appreciation of Calcasieu Parish's geography, history, and culture; and
WHEREAS, given these laudable contributions to the economic, social, and cultural well-being of the citizens of Calcasieu Parish, it is fitting that the importance of travel and tourism be recognized.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19th day of April, 2000, that the week of May 6 - 14, 2000, is hereby proclaimed
"NATIONAL TOURISM WEEK"
in the Parish of Calcasieu, State of Louisiana, and all citizens are urged to observe this week with appropriate ceremonies and activities.
* * * * * * * * * *
President Mackey advised that action was needed on bids received by the Police Jury on March 30, 2000, for Calcasieu Parish Project No. 2000-03 (Hardsurfacing, Overlaying, and Drainage Improvements of Various Roads in Ward One). He explained that a former Police Juror owned interest in the company which had submitted the low bid, and said juror had not been out of office for a period of two years as stipulated in the state statute governing provision of supplies and services by former elected officials; therefore, an opinion had been requested from the State Ethics Board to determine whether the contract for this project could be awarded to the low bidder, and said opinion should be received by the Police Jury's regular meeting on May 4, 2000.
In accordance therewith, motion was made by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously that action on bids for Calcasieu Parish Project No. 2000-03 be deferred until the regular meeting on May 4, 2000.
It was moved by Mrs. Griffin, seconded by Mr. Derbonne and carried unanimously that the bid of Martin Automotive Group, Inc. in the amount of $25,094.23 for the purchase of one 2000 three-quarter ton, four-door pickup truck, for use by the Office of Emergency Preparedness, as approved in the FY 2000 budget, be rejected in accordance with the staff's recommendation that additional time be given to allow the dealerships an opportunity to better determine what the pricing of 2001 model vehicles would be, and further, that the staff be authorized to readvertise for purchase of this vehicle, said bid having been received by the Parish Purchasing Agent on April 18, 2000, as advertised in accordance with the public bid law.
Motion was made by Mrs. Griffin, seconded by Mr. Derbonne and carried unanimously that the bid of Martin Automotive Group, Inc. in the amount of $23,172.32 for purchase of one 2000 three-quarter ton extended cab pickup truck with utility bed, for use by Sewer District No. 11 of Ward Three, as approved in the FY 2000 budget, said bids having been received by the Parish Purchasing Agent on April 18, 2000, as advertised in accordance with the public bid law.
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Derbonne and carried unanimously, the Parish Administrator was authorized to advertise for bids for the construction of a training and education center at the Office of Juvenile Justice Services, in accordance with the FY 2000 budget.
It was moved by Mrs. Griffin, seconded by Mr. Derbonne and carried unanimously that the Parish Administrator be authorized to advertise for bids for a 12 or 15-passenger van for use by the Calcasieu Parish Juvenile Drug Court Treatment Program which will be coordinated by the Office of Juvenile Justice Services, in accordance with the FY 2000 budget.
Motion was made by Mrs. Treme, seconded by Mr. Andrepont and carried unanimously that the rules be suspended by a two-thirds majority vote to adopt the following resolution:
RESOLUTION WHEREAS, the Environmental Protection Agency (EPA) has proposed changes in the existing rules governing water quality standards which would expand the Total Maximum Daily Load Program (TMDL) Program to address both point and nonpoint sources of water pollution, the latter of which would include runoff from farm fields, forest lands, animal production facilities, etc., which have ben previously exempt from regulations; and
WHEREAS, the proposed TMDL regulation would essentially move agriculture and forestry operations (nonpoint source contributions) into a regulatory program and would mandate that standards be met at whatever cost to agriculture and forestry operations; and
WHEREAS, EPA is attempting to require permits to conduct many forest management practices in watersheds where streams and other waters are not meeting required standards and if enacted, these regulations would require permits for such forest management activities as timber harvesting, site preparation, prescribed burning, and other woodland practices, which would significantly and adversely impact private forest landowners, the agriculture community, small businessmen and women, and the forest products industry in Louisiana; and
WHEREAS, approximately 25,000 people are directly employed by the forest products industry in Louisiana and an additional 10,000 people are indirectly dependent on the State's forest industry.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19th day of April, 2000, that it does hereby request the Louisiana Congressional Delegation to oppose the proposed changes in water regulations issued by the Environmental Protection Agency (EPA), specifically changes under Section 303(d) of the Clean Water Act that would expand the EPA's regulatory authority over nonpoint sources of water pollution which would significantly impact the forestry industry in Louisiana.
THUS DONE AND PASSED by a unanimous vote on the date above inscribed.
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It was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the Police Jury go into executive session to discuss Lawsuit No. 97-8382 (Fontenot vs. Police Jury et al) and Lawsuit No. 98-6215 (Droddy vs. Police Jury). Following the executive session, motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the report given by legal counsel during said executive session, be approved.
There being no further business, President Mackey declared the meeting to be adjourned.
/s/ Charles S. Mackey, D.D.S., President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary