Lake Charles, Louisiana
June 22, 2000
The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, June 22, 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, Chuck Kleckley, Chris Landry, Hal McMillin, Don Manuel, and Cornelius "Cornie" Moon
Absent: Mr. Enos Derbonne
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; Mr. Jim Vickers, Director of Planning and Development; Mr. Claude Smart, Parish Engineer; Mr. Jerry Milner, Director of Finance; Mr. Richard Gremillion, Director of Emergency Preparedness; Mr Gerry Trahan, Director of Facilities Management; and Mr. Bryan Beam, Assistant to the Administrator.
President Mackey called the meeting to order, and the invocation was pronounced by Father Ralph Milligan which was followed by the Pledge of Allegiance led by Mr. Collins. The roll was called with the result being as outlined above.
President Mackey advised that bids would be opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for an oil, gas, and mineral lease in the Northwest Quarter of the Southwest Quarter of Section 2, Township 11 South, Range 9 West, situated in a portion of Country Pines North Subdivision Parts VI, VII, VIII, and IX.
Mr. McMurry opened the bid of Neumin Production Company and outlined the details of said bid which are set forth in the following resolution which was adopted upon motion made by Mrs. Griffin, duly seconded by Mr. Manuel and carried unanimously:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA,convened in regular session on the 22nd day of June, 2000, that it does hereby accept the bid of Neumin Production Company for a mineral lease on the following described property, to-wit:
Those certain tracts or parcels of land containing 5.988 acres, more or less, situated in the Northwest Quarter of the Southwest Quarter (NW/4 SW/4) of Section 2, Township 11 South, Range 9 West, Calcasieu Parish, Louisiana, and being more particularly described as the portions of those certain roads situated in the Northwest Quarter of the Southwest Quarter (NW/4 SW/4) of Section 2, Township 11 South, Range 9 West, identified as North Flounder Drive, Salmon Street, Stingray Drive, and Dolphin Drive along with all adjacent and adjoining easements as shown on plats of survey titled Country Pines North Subdivision - Part VI, dated January 26, 1989, prepared by George F. Webb, Jr. and recorded at Plat Book 32, Page 368, bearing File No. 2016489; Country Pines North Subdivison - Part VII, dated January 28, 1992, and revised May 24, 1993, prepared by Philip L. Whitaker and recorded at Plat Book 33, Page 178, bearing File No. 2172875; and Revised Plat of Country Pines North Subdivision - Part VII, dated April 1, 1996, prepared by Philip L. Whitaker and recorded at Plat Book 34, Page 195, bearing File No. 2295243; Country Pines North Subdivision - Part VIII, dated June 27, 1994, prepared by Philip L. Whitaker and recorded at Plat Book 34, Page 88, bearing File No. 2248785; Country Pines North Subdivision - Part IX, dated January 11, 1996, prepared by Philip L. Whitaker and recorded at Plat Book 34, Page 405, bearing File No. 2325403, all in the conveyance records of Calcasieu Parish, Louisiana.
for a three-year lease with a cash bonus of One Thousand Four Hundred Ninety Seven and no/100 Dollars ($1,497.00) and an annual rental of Seven Hundred Forty Eight and 50/100 ($748.50) , and with the Calcasieu Parish Police Jury to receive 25% of all oil produced and saved or utilized, 25% of all gas produced and saved or utilized, 25% of all sulphur produced and saved, and 25% of all other liquid or gaseous hydrocarbon minerals produced and saved.
BE IT RESOLVED, that the President of the Police Jury be, and he is hereby authorized to execute the necessary lease contract to consummate this transaction.
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Following a brief explanation by Mrs. Martha Parnell, Director of the Office of Juvenile Justice Services, motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously to adopt the following resolutions:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve a new grant application in an amount up to $50,000 with a match of up to $16,500 - Office of Juvenile Justice and Delinquency Prevention Title V Grant - Family Strengthening/Mental Health Program, which will provide for a mental health case manager to be hired to assist at-risk families in obtaining critically needed mental health intervention services, with the match being from volunteer hours.
BE IT FURTHER RESOLVED that the President of the Police Jury is hereby authorized to execute all documents related thereto.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve a new grant application in an amount up to $4,000 - Children's Miracle Network S.T.E.P. Program, which will provide for purchasing materials for a parenting class that will provide training to at-risk families on effective parenting techniques.
BE IT FURTHER RESOLVED that the President of the Police Jury is hereby authorized to execute all documents related thereto.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve a contract between the Police Jury and C-K Associates to provide sampling and analytical testing services for the Office of Juvenile Justice Services' wastewater system.
BE IT FURTHER RESOLVED that the President of the Police Jury is hereby authorized to execute all documents related thereto.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve a Second Amendment to Contract between the Police Jury and the Board of Supervisors of Louisiana State University and A & M College, which initially provided for medical services at the Calcasieu Parish Juvenile Detention Center, with the Second Amendment providing for a medical director for the Calcasieu Parish Juvenile Drug Court Program.
BE IT FURTHER RESOLVED that the President of the Police Jury is hereby authorized to execute all documents related thereto.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve a Professional Services Agreement with Applied Data Systems for completion of Phase II of the Juvenile Case Management Conversion Project providing for the conversion of the Office of Juvenile Justice Services' database to a Windows 98 and Oracle system.
BE IT FURTHER RESOLVED that the President of the Police Jury is hereby authorized to execute all documents related thereto.
THUS PASSED AND ADOPTED on the date above inscribed.
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In answer to questions by Mrs. Griffin, Mrs. Parnell advised that the Juvenile Center had the capacity to house 38 juveniles, 24 were being housed at the current time, and there was a total of 64 employees at the Office of Juvenile Justice Services.
It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that issuance of the following application for a Type C permit be ratified and that the following application for a liquor and beer permit be approved:
Type C Permit to allow alcoholic beverages for a special event:
Lake Charles Marshalls Posse Trail Ride
June 24 - 25, 2000
Roumay Olivier, Jr., Assistant Treasurer
Lake Charles Marshalls Posse
5257 Elliott Road, Lake Charles, LA
(Chuck Kleckley's District)
WARD III
Country Frosty, Inc.
Frances O. Devall - Secretary/Treasurer
COUNTRY FROSTY
5400 Highway 14
Lake Charles, LA 70607 Liquor & Beer - Pkg. $75.00
(Enos Derbonne's District)
Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Breaux and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated May 18, 2000, were approved, and the reading of same was dispensed with.
With reference to the next item on the agenda, the appearance of citizens with reference to the proposed golf course at Sam Houston Jones State Park, Mr. McMillin advised that this issue had been taken care of, and no one was present at the meeting on this date to discuss said issue.
President Mackey advised that action was needed on Road Abandonment RA04-002-00 which was a request to abandon Baggett Road (approximately 600 feet) in Ward Four, Police Jury District 13. He further advised that the Planning and Zoning Board had voted unanimously to recommend that the request be granted.
In answer to a question by Mr. Andrepont, Mr. Vickers stated that the road was completely surrounded by the petitioner's own property, and further, that an agreement had been worked out with the property owner to require that he reimburse the Police Jury for the value of the remaining life of the road which was constructed utilizing revenues from the 1992 sales tax.
Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Road Abandonment RA04-002-00 and that the request to abandon Baggett Road be approved; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 2000, that it does hereby abandon Baggett Road (approximately 600 feet) in Ward Four of Calcasieu Parish, Louisiana, which is more particularly described as follows:
Located on the East line of the Southwest Quarter of the Southwest Quarter of Section 12, Township 9 South, Range 11 West, Calcasieu Parish, which is a road approximately 600 feet in length.
Road Abandonment Case RA04-002-00
BE IT FURTHER RESOLVED that the above described Baggett Road is hereby declared officially abandoned, with one-half of said abandoned property reverting to the abutting property owners as prescribed by law.
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President Mackey advised that action was needed on Zoning Study ST01-002-00 which was a study to examine the feasibility of rezoning parcels located along North Perkins Ferry Road, Spooner Lane, Joe Miller Road, Miller avenue, and LeBlanc Road in Ward One, more particularly, properties currently zoned R-1 (Single Family Residential), R-2 (Mixed Residential), R-M (Multi-Family Residential), R-MHP (Manufactured Home Park), C-1 (Light Commercial), and I-1 (Light Industrial) in Ward One, Police Jury District 14. President Mackey further advised that the Planning and Zoning Board had voted unanimously to recommend that the comprehensive zoning map be amended as reflected on the map dated June 20, 2000.
Motion was made by Mr. McMillin, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Study ST01-002-00 and that the property related to said study be rezoned as reflected on the map dated June 20, 2000; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4206
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to rezone property located along N. Perkins Ferry Road, Spooner Lane, Joe Miller Road, Miller Avenue, and LeBlanc Road in Ward One of Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 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 in accordance with the attached map.
Parcels along North Perkins Ferry Road, Spooner Lane, Joe Miller Road, Miller Avenue, and LeBlanc Road located in Section 19, Township 8 South, Range 8 West, and Section 24, Township 8 South, Range 9 West.
Study Case ST01-002-00
BE IT FURTHER ORDAINED that the amended comprehensive zoning map is effective this date, which is attached to this ordinance and which shall be filed in the office of the Calcasieu Parish Clerk of Court.
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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Upon motion made by Mr. Moon, which was duly seconded by Mr. Collins and carried unanimously, the following ordinance was adopted:
ORDINANCE NO. 4207
AN ORDINANCE repealing Ordinance No. 2757, adopted by the Police Jury on September 19, 1985, which rezoned the following property owned by Lynn A. Eubanks, in Zoning Case RZ06-036-85 from R-2 (Mixed Residential) to C-1 (Light Commercial): Tract 11 of Section 19, Township 7 South, Range 10 West, E. L. & L. Subdivision Addition.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 2000, that Ordinance No. 2757, adopted by the Police Jury on September 19, 1985, is hereby repealed and declared to be null and void and of no effect.
BE IT FURTHER ORDAINED that the following described property is hereby classified as R-2 (Mixed Residential): Tract 11 of Section 19, Township 7 South, Range 10 West, E. L. & L. Subdivision Addition.
BE IT FURTHER ORDAINED that Chapter 26 - Zoning, of the Code of Ordinances, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, are hereby amended to reflect the R-2 (Mixed Residential) zoning classification referred to above.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
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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It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the following resolutions be adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers and application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by the Port of Lake Charles to excavate and re-deposit approximately 106,000 cubic yards of earthen material and concrete for the construction of a 5,500 foot access road and bridge for the Port of Lake Charles and to provide access to a planned development westward of the proposed road, from Prien Lake Road northward to Contraband Bayou, in the City of Lake Charles, within Sections 11, 12 and 38, Township 10, South, Range 9 West, Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of the Port of Lake Charles 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 to the permit applications based on parish ordinances and provisions, since the project is located within the city limits of the City of Lake Charles.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 2000, that it does hereby indicate no objection to the proposal of the Port of Lake Charles to excavate and re-deposit approximately 106,000 cubic yards of earthen material and concrete for the construction of a 5,500 foot access road and bridge for the Port of Lake Charles and to provide access to a planned development westward of the proposed road, from Prien Lake Road northward to Contraband Bayou, in the City of Lake Charles, within Sections 11, 12 and 38, Township 10, South, Range 9 West, Calcasieu Parish, Louisiana, since said project is located within the city limits of the City of Lake Charles.
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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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 Charles Cooley to dredge and fill wetlands to construct and maintain a private boat mooring port in Section 1, Township 9 South, Range 9 West, approximately 7.5 miles northeasterly from Lake Charles in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Charles Cooley relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided 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 22nd day of June, 2000, that it does hereby indicate no objection to the proposal of Charles Cooley to dredge and fill wetlands to construct and maintain a private boat mooring port in Section 1, Township 9 South, Range 9 West, approximately 7.5 miles northeasterly from Lake Charles 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 is 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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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 Michael and Natalie Hayes to install and maintain a bulkhead, boathouse, dock and fill for erosion protection and recreational use in Section 24, Township 9 South, Range 9 West, in Westlake, Louisiana, of Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Michael and Natalie Hayes relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided 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 22nd day of June, 2000, that it does hereby indicate no objection to the proposal of Michael and Natalie Hayes to install and maintain a bulkhead, boathouse, dock and fill for erosion protection and recreational use in Section 24, Township 9 South, Range 9 West, in Westlake, Louisiana, of 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 is 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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Motion was made by Mrs. Griffin and seconded by Mr. Danahay that Mayor Randy Roach be approved as a representative of the public body sector of the Calcasieu Estuary Community Task Force. Mr. McMurry stated that subsequent to the agenda being distributed, notification was received that Dr. Tim Hall, a member of the Task Force, was being reassigned to another locale and would need to be replaced, and the Task Force had asked that Mr. Greg Godfrey be appointed to fill this vacancy.
Mrs. Griffin included this in her motion, and Mr. Danahay accepted the amendment. Mrs. Griffin asked how many members were on the Task Force, and Mr. McMurry stated that there were 14 members all of whom were appointed by the Police Jury. An additional six persons who are representatives of state and federal regulatory agencies serve as advisory members to the task force.
A vote taken on the motion on the floor carried unanimously.
It was moved by Mrs. August, seconded by Mr. Manuel and carried unanimously that the following recommendations of the Office of Community Services Board be approved, said Board having met on June 14, 2000:
As a result of approval of the foregoing recommendations of the Office of Community Services Board, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby authorize Sandra Mason, Director of the Calcasieu Office of Community Services, to enter into a contractual agreement with the Governor's Office of Urban Affairs and Development, to enter into and sign said contract/grant on behalf of the Police Jury, and to receive and administer said grant funds in the amount of $150,000.00 to continue to operate its Teenage Pregnancy Prevention Project (Project T.I.P.P.) from July 1, 2000, to June 30, 2001.
THUS PASSED AND ADOPTED on the date above inscribed.
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Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Collins and carried unanimously, the following resolutions were adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve and ratify the JTPA Plan for Fiscal Year 99/00 to extend the ending date from June 30, 2000, to September 30, 2000.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve and ratify the Department of Education 8% Closeout Plan, which was June 21, 2000, describing plans for closing out 8% program activities, said plan to include a timetable of activities leading up to the close-out and to address issues related to participants, procurement, property, record retention, audits, resolution of complaints and findings, and disposition of funds.
THUS PASSED AND ADOPTED on the date above inscribed.
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Motion was made by Mr. Kleckley, seconded by Mrs. Griffin and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve an agreement between the Police Jury and Meyer and Associates, Inc., Consulting Engineers, for the development of a Parishwide Wastewater Facility Plan as it relates to future development of regional wastewater transport and treatment facilities in the unincorporated areas of Calcasieu Parish, as well as design therefor, if necessary.
BE IT FURTHER RESOLVED that the President of the Police Jury is hereby authorized to execute all documents related thereto.
THUS PASSED AND ADOPTED on the date above inscribed.
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It was moved by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve an amendment to the Memorandum of Understanding between Calcasieu Parish and the U.S. Army Corps of Engineers for enhancement of the parishwide data management system completed under the original agreement.
THUS PASSED AND ADOPTED on the date above inscribed.
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Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve a servitude agreement between the Police Jury and Waterworks District No. Four of Ward Four as it relates to water services being provided by said District to Riverside Park in Ward Four.
BE IT FURTHER RESOLVED that the President of the Police Jury is authorized to execute all documents related thereto.
THUS PASSED AND ADOPTED on the date above inscribed.
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Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby authorize the President of the Police Jury to execute all necessary contracts and documents related to the recently awarded LCDBG funds for the installation of sewer lines in the Mossville area.
THUS PASSED AND ADOPTED on the date above inscribed.
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President Mackey advised that the next item on the agenda related to consideration of adopting a resolution approving (1) an application with the Louisiana Department of Transportation and Development for a grant under Section 3037 of TEA-21, Job Access and Reverse Commute Competitive Grants, relative to a $200,000 Job Access/Reverse Commute Program under Program Year 1999 ($100,000 DOTD/$100,000 match) wherein Benjamin Transportation would expand its existing transportation services to welfare recipients and low-income individuals in Calcasieu Parish, and (2) a subcontract between the Police Jury and Benjamin Transportation outlining the responsibilities of Benjamin Transportation related to these services, and further, authorizing the President of the Police Jury to execute all documents related thereto.
Mr. McMurry pointed out that perhaps it would be appropriate, before addressing this item, to address the agenda item related to consideration of approving the Budget Committee Report dated June 22, 2000, since one of the recommendations of said Committee pertained to the item currently on the floor for consideration.
Motion was made by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously to hear the report of the Budget Committee at this time which was as follows:
BUDGET COMMITTEE REPORT
June 22, 2000
A meeting of the Budget Committee was held at 4:30 p.m. on Thursday, June 22, 2000, in the Police Jury Meeting Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Francis Andrepont, Chairman, presiding and the following members present:
Mr. Chuck Kleckley, Mr. Mike Danahay, Mrs. Elizabeth C. Griffin, Mrs. Sandy Treme, and Dr. Charles S. Mackey, Ex-Officio
Absent: Mr. Enos Derbonne
Also present were Mrs. Luvertha August, Mr. Brent Clement, Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Kathy Criglow, Mrs. Coleen Clark, and Mr. Jerry Milner.
Said Committee:
(1) Recommended that Cooperative Endeavor Requests from the Drainage Improvements allocation of the Riverboat Funding as submitted by the following special districts be approved:
Gravity Drainage District No. Six of Wards Five and Six $35,000
Purchase of Tractor and Cutter
(NOTE: Mrs. Treme recommended that this request be funded equally between Wards Five and Six)
Gravity Drainage District No. Nine of Ward Two $100,739
Purchase of Trackhoe
(2) Recommended approval of a request from the Calcasieu Parish Office of Community Services to reallocate previously awarded funds in the amount of $110,000 relative to the development of a OCS Transportation Program in Calcasieu Parish whereby said funds would be reallocated and used as matching funds to apply for a 80% State/20% Parish grant through the Louisiana Department of Transportation and Development for the purchase of vans under the Job Access/Reverse Commute Competitive Grant Program.
(3) Recommended approval of a Cooperative Endeavor Request in the amount of $5,939 from the Calcasieu Parish Voluntary Council on the Aging, Inc. for the 5310 Elderly and Disabled Program for transportation of 60+ clients to and from various locations throughout Calcasieu Parish with the commitment of the Council on Aging to work with the Parish toward a consolidated transportation program.
(4) Recommended approval of a Cooperative Endeavor Request from the Economic Development and Special Projects portion of the Riverboat Gaming Fund in the amount of $225,000 from West Calcasieu Port, Harbor & Terminal District for a four-phase improvement project.
There being no further business, Chairman Andrepont declared the meeting to be adjourned.
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Mr. Andrepont gave a brief review of the action taken by the Budget Committee as outlined heretofore. He asked that Ms. Sandy Mason, Executive Director of the Office of Community Services, address Recommendation No. 2 of the Committee, which pertained to what he felt would be a very good program for the Parish.
Ms. Mason stated that the Committee had approved a different use of the initial $110,000 than was originally intended and instead of purchasing a maximum of three vans on the open market, she had recently discovered that there were funds available through the Louisiana Department of Transportation and Development for public rural transportation on an 80% (State)/20% (Parish) match basis. Ms. Mason explained that a portion of the original $110,000 would be used as matching funding for the Job Access/Reverse Commute Competitive Grant Program which would allow the Parish access to four different pools of money to develop a transportation system which, if successful, would provide services for persons under the Welfare to Work Program who were commuting back and forth from the municipalities to the rural areas.
Ms. Mason apologized for the late timing of her request, but she stated that she had only recently become aware of the possibility of this funding, and she asked the jurors to approve her request so that application could be made for funding for the fiscal year beginning July 1, 2000.
In answer to questions by Mrs. Griffin, Ms. Mason stated that if efforts were successful in obtaining funding, the program would include services for residents of the City of Lake Charles and would allow an opportunity to work with other providers of transportation. She pointed out that no provider would be excluded.
Mr. Andrepont advised that in addition, the Calcasieu Parish Voluntary Council on the Aging, Inc., would be "getting onboard" with this program as per Recommendation No. 3 of the Budget Committee, and he thanked Ms. Mason, Ms. Toni Caraway (Director of the Council on Aging), and Mr. J. D. Allen (Director of IMCAL) for their efforts in this regard.
President Mackey recognized Ms. Carolyn Benjamin Burris who stated that in December of 1998, Benjamin Transportation had prepared a grant for the DOTD Job Access and Reverse Commute Grant. She further stated that Benjamin Transportation had held the contract with OCS for the past ten years to provide transport services for OCS clientele, and as a result of her company's attempts to assist OCS in trying to resolve difficulties for recipients needing to go to work at night, Benjamin Transportation had received the contract for the Welfare to Work Program and had agreed to try providing 24-hour service. Ms. Burris stated that it was a three-year contract (1999-2001) to serve the entire Parish, and that when it was secured in 1999, her company had been informed by DOTD that it was selected because no other company or organization in Calcasieu Parish had applied.
Ms. Burris advised that in February, she was told that Benjamin Transportation would be awarded the contract and should start the process of securing a sponsor and after the process of determining a source for matching funding, she had begun talks with OCS regarding 24-hour service, and OCS agreed to provide the $100,000 match, following which she had secured a letter from the Police Jury office stating that the Police Jury would not be held liable for the match.
Ms. Burris also stated that this contract was supposed to have started effective May 1st, not July, and her company was never told that the Police Jury would be applying for the grant, nor was there any "inkling" that if Benjamin Transportation did not get the contract, the Police Jury would want it. Ms. Burris added that they were told the monies had to go through the Metropolitan Planning Organization (MPO) and when they had applied for the 2000 contract, they were told they had no sponsor, which she felt was an intentional delay. She stated that she was shocked to believe that Benjamin Transportation had come in good faith to bring a program to the table, that it was stated to her that there was no other person or organization applying for it, and to find out that her company was having all of these difficulties because they wanted to continue to provide services, 24 hours a day, to those recipients they were already providing transportation for. Ms. Burris advised that she had not contacted anyone about this matter, because she did not feel she had to lobby for the contract, and her company was already working the contract because it was the right thing to do in 1998.
Ms. Burris asked that the Police Jury reconsider what could be done so that perhaps both OCS and Benjamin Transportation could join together in this project. Ms. Burris stated that her company had been given the grant for the Job Access Reverse Commute Program, with $100,000 match to come from OCS, and she hoped the Police Jury would support that.
In answer to a question by Mrs. August, Ms. Burris stated that she had been trying for the past six to eight months to get proper documentation to submit to the Police Jury for its consideration, and this was not a new process.
Mrs. August advised that she had never heard of Benjamin Transportation before and asked who and where they served, to which Ms. Burris responded that her company served the entire Parish and held the contract with OCS and Welfare to Work since 1990. She further stated that the company had ten vans which ran 24 hours a day.
Mrs. August asked what guarantee would there be that the Police Jury would not be held liable if something went wrong with the program, if the Police Jury was the fiscal agent for the grant funds, to which Mr. McMurry answered that this was one of the questions which had caused the staff some time and concern, because they wanted some assurance that the Police Jury would not be liable if the grantee overspent their budget or ran out of money before the program or contract was finished, etc., and it was his understanding that the assurance had been provided, and that was what had precipitated this particular item being placed on the agenda. Mr. McMurry further stated that from a financial perspective, he did not think there was any obligation on the part of the Police Jury for approving sponsorship of the program; however, if something bad happened with the program, it might produce a "not so good feeling" toward the Police Jury.
Mrs. August also asked if the Police Jury could be held liable if there was an accident, to which Mr. McMurry stated that the Police Jury should not be, because all efforts would have been made to provide protection through agreements and indemnifications, but based on past experience, that did not necessarily guarantee that a judge or jury would not find the Police Jury liable for at least a part of any damages if the Police Jury was the sponsor of the program.
The hour being 6:00 p.m., President Mackey advised that discussion on this item would need to be temporarily interrupted in order to hold a public hearing, as advertised in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to allow the owners of properties described below to show cause as to why the structures on said properties should not be condemned:
With reference to the first piece of property owned by Donna Gene Gatson Walton, et al, Mr. Wes Crain of the Division of Planning and Development stated that the staff recommended that the structure on the property (manufactured home) be condemned and removed within thirty days.
President Mackey asked if anyone was present in the audience to discuss this property. Ms. Donna Gene Gatson Walton of 609 North Street, Orange, Texas, appeared before the Police Jury and stated that she had commenced work on removing the manufactured home and felt it could be done in thirty days.
Upon motion made by Mr. Manuel, which was duly seconded by Mrs. Griffin and carried unanimously, the following ordinance was adopted:
ORDINANCE NO. 4201
AN ORDINANCE ordering demolition of the manufactured home on property located at 1210 You Winn Road, Lot 5 of Georgia Brown succession, a subdivision of the Southeast Quarter of Section 33, Township 8 South, Range 8 West, Moss Bluff area of Ward One, and owned by Donna Gene Gatson Walton, et al.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 2000, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home on property located at 1210 You Winn Road, Lot 5 of Georgia Brown succession, a subdivision of the Southeast Quarter of Section 33, Township 8 South, Range 8 West, Moss Bluff area of Ward One, and owned by Donna Gene Gatson Walton, et al, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22nd day of June, 2000, and is final unless appealed within five (5) days.
SECTION 2. If the manufactured home on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home was situated for the cost of demolishing and removing said manufactured home, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the manufactured home, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
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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With reference to the next piece of property owned by Arnold James Burke and Patricia Faye Burke and the manufactured home situated thereon, Mr. Crain advised that the staff had recently learned there was another party who should be notified, and he recommended that action be deferred.
President Mackey asked if anyone was present in the audience to discuss this property, and Mr. Jeff Wheaton (no address given) appeared before the Police Jury and stated that the mobile home was still in livable condition and was in the process of being sold. Mr. Wheaton stated that he could get the repairs done as soon as possible, but he would need time to do that. He advised that he had been having problems with someone going in the mobile home and destroying things, and he was having to go out once a week to fix what was being destroyed.
Motion was made by Mr. Clement, seconded by Mrs. Griffin and carried unanimously to defer action for thirty days on condemnation of the property owned by Arnold James Burke and Patricia Faye Burke in order for the staff to properly notify all parties and to update the Police Jury on the status of repairs which Mr. Wheaton said he was going to perform.
With reference to the next piece of property owned by Mr. Joseph Perry Monroe, Mr. Crain advised that one of the manufactured homes had been removed from the property; however, the house that was currently being used for storage was dilapidated, and he recommended that it be condemned and removed within sixty days.
President Mackey asked if there was anyone in the audience who wished to speak concerning the proposed condemnation. Hearing no comments, and in accordance with Mr. Crain's recommendation, motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 4202
AN ORDINANCE ordering demolition of the house on property located at 7437 Tammy Lane, Lot 123 of Garden Heights Subdivision, Part 4, south Lake Charles area of Ward Three, and owned by Joseph Perry Monroe, Jr.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 2000, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 7437 Tammy Lane, Lot 123 of Garden Heights Subdivision, Part 4, south Lake Charles area of Ward Three, and owned by Joseph Perry Monroe, Jr., be demolished and removed within sixty (60) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22nd day of June, 2000, and is final unless appealed within five (5) days.
SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within sixty (60) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
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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With reference to the next piece of property owned by Mr. and Mrs. James Wilkerson Duraso, Jr., Mr. Crain advised that the owners had agreed to remove the structure, and he recommended that the house be condemned and removed within thirty days.
President Mackey asked if there was anyone in the audience who wished to speak concerning the proposed condemnation. Hearing no comments, and in accordance with Mr. Crain's recommendation, motion was made by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 4203
AN ORDINANCE ordering demolition of the house on property located at 613 John Stine Road, Lot "B" of J. W. Duraso Subdivision of Mrs. W. C. Kaufman Subdivision, north Westlake area of Ward Four, and owned by Mr. and Mrs. James Wilkerson Duraso, Jr.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 2000, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 613 John Stine Road, Lot "B" of J. W. Duraso Subdivision of Mrs. W. C. Kaufman Subdivision, north Westlake area of Ward Four, and owned by Mr. and Mrs. James Wilkerson Duraso, Jr., be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22ndday of June, 2000, and is final unless appealed within five (5) days.
SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
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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With reference to the next piece of property owned by W. Patrick Bennett, Mr. Crain stated that there was a problem with tall grass and, more particularly, with cats which had lived in the house and multiplied. He advised that his office and the Animal Control Department had received numerous complaints relative to this piece of property. Mr. Crain further advised that his office had just recently been able to gain access to the house, and upon inspection, had found cats, cat feces, urine, food, etc. throughout the house. He stated that the staff had first notified the property owner to try to get something done and nothing happened, so they began the procedures to pursue condemnation, and since that time, the property owner had removed all of the garbage from the inside of the house.
Mr. Crain stated that he had walked through the house for the first time on June 21, 2000, and it was still in bad shape. He advised that Mr. Bennett had a client who wanted to repair the structure at all costs, and he would recommend that the house be condemned and Mr. Bennett given sixty days to repair it, with the understanding that if at the end of the sixty days, there was not substantial improvement made to the property, the Parish would be authorized to demolish the structure.
Mr. Patrick Bennett, 2338 Lake Street, Lake Charles, appeared before the Police Jury and stated that he had had family problems but had cleaned the house up. Mr. McMillin pointed out that the neighborhood in which this structure was located was a beautiful neighborhood, and Mr. Bennett had talked to him about what he wanted to do to repair the structure which was to demolish the back half and renovate the rest, as well as to lime the ground to kill whatever bacteria was there.
Mr. McMillin pointed out that the electrical and plumbing would need to be completely reworked, and Mr. Bennett stated that he had obtained estimates for the necessary repairs. Mr Bennett further stated that he had a potential renter and would rent the house.
President Mackey asked if there was anyone else in the audience who wished to speak concerning this proposed condemnation. There being no further comments and in accordance with Mr. Crain's recommendation, motion was made by Mr. McMillin, seconded by Mr. Manuel and carried unanimously to adopt the following ordinance:
ORDINANCE NO. 4204
AN ORDINANCE ordering repair of the building or structure on the premises located at 3845 River Road described as Lot 11 of K. M. Cayton Subdivision, north Westlake area of Ward Four, and owned by W. Patrick Bennett, et ux.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 2000, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the building or structure on the premises described as Lot 11 of K. M. Cayton Subdivision, north Westlake area of Ward Four, and owned by W. Patrick Bennett, et ux, be repaired. A development permit shall be obtained by the owner prior to commencement of repairs, and the structure shall be repaired within sixty (60) days of this order. The nature of repairs shall include, but are not limited to:
This order is made this 22nd day of June, 2000, and is final unless appealed within five (5) days.
SECTION 2. The owner is hereby ordered to schedule an inspection with the Director of Planning and Development every thirty (30) days from the adoption of this ordinance to determine the progress of the repairs.
SECTION 3. If said building or structure on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not repaired within sixty (60) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said building or structure on the premises hereinabove described, in which case the Police Jury shall not be liable for damages, and the Police Jury shall have a lien and privilege against the property and improvements upon which the building or structure was situated for the cost of demolishing and removing the building or structure, and for the cost of maintaining the property.
SECTION 4. In the event the repairs are not performed in compliance with this order, the Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 5. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the building or structure, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 6. This ordinance shall become effective immediately.
PASSED AND ADOPTED on this, the 22nd day of June, 2000.
/s/ Charles S. Mackey, D.D.S., President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Secretary
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With reference to the next piece of property owned by David Wayne Ceasar, Mr. Crain advised that there was an individual who was interested in purchasing this property and had agreed to remove the structure, but he needed more time. Mr. Crain recommended that the structure (house) be condemned and removed within sixty days.
President Mackey asked if there was anyone in the audience who wished to speak concerning this proposed condemnation. There being no comments and in accordance with Mr. Crain's recommendation, motion was made by Mr. Collins, seconded by Mrs. Griffin and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 4205
AN ORDINANCE ordering demolition of the house on property located at 500 St. Mary Street, Lot 22, Block A, of Scimemi Subdivision, east Lake Charles area of Ward Three, and owned by David Wayne Ceasar.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 2000, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 500 St. Mary Street, Lot 22, Block A, of Scimemi Subdivision, east Lake Charles area of Ward Three, and owned by David Wayne Ceasar, be demolished and removed within sixty (60) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22nd day of June, 2000, and is final unless appealed within five (5) days.
SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within sixty (60) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
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 Mrs. Treme, seconded by Mr. Danahay and carried unanimously that the following resolution be adopted: (It was noted that in accordance with applicable State statutes, the Police Jury had advertised for the sale of this house, but no proposals were received and at the request of Mrs. Treme, the City of DeQuincy had offered to utilize their inmate labor contract with C. Paul Phelps Correctional Center for the use of inmate labor to demolish the house.)
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve a Joint Services Agreement between the Police Jury and the City of DeQuincy for the demolition of a home on Police Jury-owned property adjacent to the DeQuincy Branch Library, in accordance with terms and conditions provided for in an Interagency Agreement between the City of DeQuincy and C. Paul Phelps Correctional Center relating to inmate labor.
BE IT FURTHER RESOLVED that the President of the Police Jury is hereby authorized to execute all documents related thereto.
THUS PASSED AND ADOPTED on the date above inscribed.
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President Mackey ruled that discussion would resume on the matter being discussed prior to the public hearing held at 6:00 p.m., that being the issue of Benjamin Transportation and its request to provide transportation services under the Job Access and Reverse Commute Competitive Grant Program.
Mrs. August stated that she had people who called her all the time for transportation services, so she was amazed that Benjamin Transportation operated throughout all of Calcasieu Parish.
Ms. Jennifer Wallace, Associate Planner, stated that there seemed to be some confusion about the contract and pointed out that it was between DOTD and the Police Jury, and that was why the issue of sponsorship was being discussed at this time. She further pointed out that the contract had to be sponsored by the Police Jury, no matter who did the work, because the only eligible entity for the grant was Calcasieu Parish. Ms. Wallace explained that the decision before the Police Jury was whether to handle the contract independently or sub-contract it with Benjamin Transportation.
Ms. Wallace further explained that the staff had only recently become aware of the option to handle the contract independently, and the item pertaining to Benjamin Transportation had been placed on the agenda prior to this happening, otherwise, it would not have been placed on the agenda. Ms. Wallace stated that in light of all this, the staff had decided to recommend that the Police Jury apply for the funds and approve the recommendation of the Budget Committee.
Motion was then made by Mr. Breaux, seconded by Mr. Manuel and carried unanimously to approve the recommendation of the staff and Budget Committee with reference to Recommendation No. 2 of said Committee which was to approve a request from the Calcasieu Parish Office of Community Services to reallocate previously awarded funds in the amount of $110,000 relative to the development of a OCS Transportation Program in Calcasieu Parish whereby said funds would be reallocated and used as matching funds to apply for a 80% State/20% Parish grant through the Louisiana Department of Transportation and Development for the purchase of vans under the Job Access/Reverse Commute Competitive Grant Program.
Mr. Andrepont finished his explanation of the Budget Committee Report by pointing out that Recommendation No. 4 pertained to four prospective tenants at the West Calcasieu Port, Harbor and Terminal District which could not be accommodated without extending a road and providing water and sewer to that area.
Motion was made by Mr. Andrepont, seconded by Mr. Breaux and carried unanimously that the Budget Committee Report dated June 22, 2000, be approved as outlined heretofore, and that Recommendation Nos. 1, 3, and 4 of said Committee also be approved. (Recommendation No. 2 was previously approved.)
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Danahay and carried unanimously, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve a Survey Agreement between the Police Jury and Stream Family Limited Partnership which will provide for the Parish's survey crew to enter properties owned by said partnership for surveying related to the Walker Road Extension Project in Ward Four.
THUS PASSED AND ADOPTED on the date above inscribed.
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It was moved by Mrs. Treme, seconded by Mr. Andrepont and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22nd day of June, 2000, that it does hereby approve and ratify an Agreement Acknowledging Nullity of Sale and Rescinding Purported Sale between the Police Jury and John P. Moore and Nyhlia Moore with reference to surplus right-of-way in Ward Six sold to Mr. and Mrs. Moore in December, 1999.
THUS PASSED AND ADOPTED on the date above inscribed.
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Motion was made by Mr. Manuel, seconded by Mr. McMillin and carried unanimously that the following resolution be adopted:
RESOLUTION
A RESOLUTION granting approval, consent and authority to the Board of Commissioners of Ward One Fire Protection District No. One of the Parish of Calcasieu, Louisiana, to conduct a special bond and tax election on October 7, 2000.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22nd day of June, 2000, that it does hereby grant approval, consent, and authority to the Board of Commissioners of Ward One Fire Protection District No. One of Calcasieu Parish, Louisiana, to conduct a special election on October 7, 2000, wherein the following propositions shall be presented to the electorate in said fire protection district:
PROPOSITION
WARD ONE FIRE PROTECTION DISTRICT NO. ONE
SUMMARY: CONTINUATION OF A 6.43 MILL AD VALOREM PROPERTY TAX TO RUN FROM JANUARY 1, 2000, TO DECEMBER 31, 2009, FOR THE PURPOSE OF PAYING THE COSTS OF OPERATING AND MAINTAINING FIRE PROTECTION DISTRICT NO. 1 OF WARD 1 OF CALCASIEU PARISH
Shall the Board of Commissioners of Ward One Fire Protection District Number One of Calcasieu Parish, Louisiana, acting as governing authority of said District, be authorized to continue to levy and collect a six and forty-three one-hundredths (6.43) mill tax on all property subject to taxation in said district for a period of ten (10) years, beginning with the year 2000 and ending with the year 2009 for the purpose of maintaining and operating fire protection facilities, paying firefighters, purchasing fire trucks and other fire fighting equipment, paying the cost of obtaining water for fire protection purposes including charges for fire hydrant rentals and service, and purchasing, improving, or constructing fire protection facilities of Ward One Fire Protection District Number One?
BE IT FURTHER RESOLVED that approval, consent, and authority is granted to said district to levy and collect the tax authorized thereby should the same carry at the election to be held on October 7, 2000.
BE IT FURTHER RESOLVED that the approval granted herein is intended to constitute all the approval, consent, and authority required by and anticipated under the provisions of Article 6, Section 15 and Article 6, Section 32 of the Louisiana Constitution of 1974, and Chapter 6-A of Title 18 of the Louisiana Revised Statutes, and other constitutional and statutory authority supplemental thereto.
BE IT FURTHER RESOLVED that certified copies of this authorizing resolution shall be forwarded to the Board of Commissioners of Ward One Fire Protection District No. One.
THUS PASSED AND ADOPTED on the 22nd day of June, 2000.
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With reference to the foregoing resolution and for the record, Mr. Manuel pointed out that this election was for the continuation of an existing tax.
It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the low bid of Billy Navarre Chevrolet in the amount of $42,292.68 be accepted for the purchase of two eight-passenger minivans for use by the Office of Juvenile Justice Services, said bids having been received by the Parish Purchasing Agent on June 15, 2000. (Bids were received for the purchase of one fifteen-passenger van, or one eight-passenger minivan, or two eight-passenger minivans. Funding for this purchase was approved by the State.)
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the rules be suspended by a two-thirds majority vote to issue the following proclamation:
PROCLAMATION
Be it Proclaimed by the Calcasieu Parish Police Jury that
Saturday, June 24, 2000, shall be known and remembered as
"Lake Charles Branch NAACP" Day
in the Parish of Calcasieu in honor of their
2000 Annual Freedom Fund/Awards Banquet.
Presented on this, the 24th day of June, 2000.
/s/ Elizabeth C. Griffin, Vice-President /s/ Charles S. Mackey, D.D.S., President
Calcasieu Parish Police Jury Calcasieu Parish Police Jury
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Motion was made by Mr. Andrepont and seconded by Mrs. August to go into executive session to discuss Lawsuit No. 2000-002760 (Clark vs. Police Jury). Mr. McMurry asked that two additional items be added to the list of items to be discussed in executive session, that being Lawsuit No. 2000-1261 (Tammy Faye vs. Police Jury/Lee Industrial Maintenance/Caldwell Tank, Inc.), and the annual audit letter from legal counsel. Mr. Andrepont included this recommendation in his motion, and Mrs. August accepted same. A vote taken on the motion as amended carried unanimously.
Following the executive session, the Police Jury reconvened in regular session and motion was made by Mr. Andrepont, 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