Lake Charles, Louisiana
November 16, 2000
The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, November 16, 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. Mr. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chuck Kleckley, Chris Landry, Hal McMillin, and Cornelius "Cornie" Moon
Absent: Mr. Algie Breaux (ill) and Mr. Don Manuel (out of town)
Also present were Mr. S. Mark McMurry, Parish Administrator; 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. 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 Reverend Dr. Ralph Milligan which was followed by the Pledge of Allegiance led by Mr. Clement. The roll was called with the result being as outlined above.
President Mackey advised that sealed bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2000-13 (Mosquito Control Facility Improvements). He pointed out that due to the issuance of an addendum on this project within the 72-hour period prior to the originally scheduled bid opening (Thursday, November 2, 2000), said bid opening had been rescheduled for the meeting on this date (November 16th).
Mr. McMurry then proceeded to open the following bids:
Sam Istre Construction, Inc. $164,200.00
Charles Miller Construction Company, Inc. $198,500.00
John D. Myers & Associates, Inc. $162,450.00
Lewing Construction Company, Inc. $195,331.00
There being no other bids, motion was made by Mr. Andrepont, seconded by Mr. McMillin and carried unanimously that the bids be referred to the Parish Engineer for final tabulation with further action thereon to be taken at the Regular Meeting of the Police Jury on December 7, 2000.
At this time Mrs. Treme, as Region 7 Representative on the Executive Board of the Louisiana Police Jury Association, presented said Association's 2000 Scholarship Award in the amount of $500.00 to Ms. Julie Klumpp, a student at McNeese State University. Ms. Klumpp expressed her appreciation for this award.
President Mackey advised that Senators Willie Mount, James David Cain, and Gerald Theunissen, and Representative Ronnie Johns were present at the meeting to present six grant awards in the amount of $15,875.00 each to the following special service districts for the projects listed below from the Governor's Office of Rural Development:
Community Center & Playground District No. Four of Ward One (Moss Bluff) - Construction of "Buddy" Ballfield
Community Center & Playground District No. One of Ward Six (DeQuincy) - Renovation of Swimming Pool
Gravity Drainage District No. Five of Ward Four (Sulphur) - Dredging Project in Moss Lake
Ward Four Fire Protection District No. Four (Houston River) - Purchase of Brush Gear
Ward Five Fire Protection District No. One (Starks) - Purchase of Rescue Equipment
Senator Theunissen explained that the grant program administered by the Governor's Office of Rural Development was one of the best-run programs in the State, and the funding was awarded for very important projects in rural districts which were in need of said funding. He stated that he was pleased to present the award to Community Center and Playground District No. Four of Ward One for construction of a "buddy" ballfield.
Mr. McMillin accepted the award on behalf of the district and Mr. Don Manuel who was unable to attend the meeting on this date due to a grandson having surgery. Mr. McMillin stated that they were both extremely thrilled to receive the funding and thanked Senator Theunissen for his efforts in obtaining the grant.
Senator Willie Mount presented the award to Community Center and Playground District No. One of Ward Six for renovation of a swimming pool and stated that she was most pleased to do so. Mrs. Treme accepted the award on behalf of the district, pointing out that she herself had been a member of the Board of Commissioners of said district for 15 years prior to being elected Police Juror, and that the funding would help fill a great need in the district.
Representative Ronnie Johns presented the award to Gravity Drainage District No. Five of Ward Four for a dredging project in Moss Lake and stated that two members of the Board of Commissioners of said district were also present at the meeting on this date, Mr. Harvey Boyd and Mr. Don Nassar. He advised that the grant would help alleviate drainage problems for a number of residents in the Moss Lake area, and he was happy for the opportunity to have worked closely with the Board of Commissioners during the past five years.
Representative Johns also presented the award to Ward Four Fire Protection District No. Four for purchase of brush gear, pointing out that this particular district served a rapidly growing area which did not have a very large tax base, so every dollar they could get was well spent.
Mr. Andrepont advised that this district's annual budget was approximately $50,000, so the grant would be a "good chunk" for them, and he expressed his appreciation on behalf of the citizens of said district for the funding.
Mr. John Daigle appeared before the Police Jury on behalf of Ward Four Fire Protection District No. Four and expressed his appreciation. He also commended Ms. Jennifer Wallace of the Division of Planning and Development for her efforts in putting together the grant applications.
Senator Mount presented the award to Ward Five Fire Protection District No. One for purchase of rescue equipment and congratulated Mr. Willard White of said district for obtaining the needed funding.
President Mackey advised that a previously scheduled award to Ward Eight Fire Protection District No. Two (LeBleu Settlement) for the equipping of a service vehicle had been pulled from the agenda, and Senator Theunissen explained that the funding had been approved, and it was just a matter of correcting the paperwork prior to the grant being awarded.
Senator James David Cain appeared before the Police Jury and explained that some legislators who did not realize how important these grants were to rural areas were attempting to do away with the program. He encouraged the jurors to let these legislators know that the program was needed and should be continued. Senator Cain expressed his appreciation for the efforts of the Police Jury and stated that the jurors were the "first line of defense" when dealing with the citizens and their concerns.
In closing, Senator Mount complimented Mr. McMurry and his staff, pointing out that Ms. Jennifer Wallace had done a superior job on the grant applications.
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the following applications for liquor and beer permits be approved:
WARD I
Rodney Lee Kershaw d/b/a
KERSHAW'S KAFE
501 Hwy. 171 North, Suite B
Lake Charles, LA 70611 Beer - '2001 35.00
(Don Manuel's District)
Peto's Inc.
Louis Wayne Sellers, Jr. - Pres.
PETO'S
104 Bruce Circle
Lake Charles, LA 70611 Beer - Pkg. - '2000 25.00
(Don Manuel's District) Beer - Pkg. - '2001 25.00
Peto's Deli, Inc.
Louis Wayne Sellers, Jr. - Pres.
PETO'S DELI
104 Bruce Circle (Suite B)
Lake Charles, LA 70611 Beer - '2000 35.00
(Don Manuel's District Beer - '2001 35.00
Pak-Petro, Inc.
Mohammad Azam Swati - Pres.
DELTA FOOD MART #5
112 Hwy. 171 North
Lake Charles, LA 70611 Beer - Pkg. - '2000 25.00
(Don Manuel's District) Beer - Pkg. - '2001 25.00
WARD III
Pine Shadows Golf Center, Inc.
Ronald G. Rider - Pres.
PINE SHADOWS GOLF CENTER
750 Goodman Road
Lake Charles, LA 70601 Liquor & Beer - '2001 135.00
(Calvin Collins' District)
R. Bernard, Inc.
Robert Howard - Pres.
T-BACK'S
3945 Hwy. 90 East
Lake Charles, LA 70601 Liquor & Beer - '2001 168.75
(Calvin Collins' District)
Patricia M. Gaspard d/b/a
GASPARD'S FAST STOP
9346 Gulf Hwy.
Lake Charles, LA 70607 Liquor & Beer - Pkg. - '2001 93.75
(Enos Derbonne's District)
Suda, Inc.
Darrell Derouen - Pres.
BOURBON STREET LOUNGE
5390 Hwy. 90 East
Lake Charles, LA 70601 Liquor & Beer - '2001 135.00
(Calvin Collins' District)
WARD IV
Steven D. & Barbara Thibodeaux d/b/a
THIB'S COUNTRYSIDE GROCERY
1184 West Dave Dugas Road
Sulphur, LA 70665 Beer - Pkg. - '2001 25.00
(Brent Clement's District)
Fisherman's Headquarters, Inc.
C. Charles Carr II, - VP
FISHERMAN'S HEADQUARTERS
5340 Hwy. 27 South
Sulphur, LA 70665 Beer - Pkg. - '2001 31.25
(Brent Clement's District)
WARD V
James E. Sims d/b/a
POPPA BEAR'S DEN
663 Hwy. 109 South
Starks, LA 70661 Liquor & Beer - '2001 135.00
(Sandy Treme's District)
WARD VI
Daigle's Petroleum Sales, Inc.
Randy Daigle - Pres.
D.P.S. TRUCK STOP
1193 Hwy. 12 East
DeQuincy, LA 70633 Liquor & Beer - Pkg. - '2001 75.00
(Hal McMillin's District)
WARD VII
The Longhorn Truck & Car Plaza, Inc.
Charles Ray Cotton - Pres.
THE LONGHORN TRUCK & CAR PLAZA/
RESTAURANT & CASINO
2374 Hwy. 109 South
Vinton, LA 70668 Liquor & Beer - '2001 168.75
(Brent Clement's District)
The Longhorn Truck & Car Plaza, Inc.
Charles Ray Cotton - Pres.
THE LONGHORN TRUCK & CAR PLAZA
(C STORE)
2374-A Hwy. 109 South
Vinton, LA 70668 Liquor & Beer - Pkg. - '2001 93.75
(Brent Clement's District)
* * * * * * * * * * * *
Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated October 19, 2000, be approved, and the reading of same was dispensed with.
President Mackey advised that action was needed on Zoning Case RZ03-029-00 which was a request by Billie J. Rutherford Farr to rezone from R-1 (Single Family Residential) to R-MHP (Manufactured Home Park) to allow expansion of an existing manufactured home park (Rutherford Trailer Park) with 80 additional spaces located at 5905 Corbina Road in Ward Three, Police Jury District 10. He further advised that subsequent to a deferral on October 17, 2000, by the Planning and Zoning Board and a deferral on October 19, 2000, by the Police Jury, the Planning and Zoning Board had voted unanimously on November 14, 2000, to recommend that the request be denied.
Motion was made by Mrs. August, seconded by Mrs. Griffin, and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-029-00 and to deny the request to rezone.
President Mackey advised that action was needed on Zoning Case RZ03-041-00 which was a request by Barbara Abney to rezone from R-1 (Single Family Residential) to I-1 (Light Industrial) to allow a welding shop located at Corbina Road and Highway 14 in Ward Three, Police Jury District 9. He further advised that the Planning and Zoning Board had met on November 14, 2000, and voted 8-1 to recommend that the request be denied.
Motion was made by Mrs. Griffin and seconded by Mr. Collins to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-041-00 and to deny the request to rezone.
Mr. Vickers advised that the applicant for the zoning change desired to present some drawings to the Police Jury to help make his case; however, these were not presented to the Planning Office or the Planning and Zoning Board and were thus not available to the members of said Board when they made their decision to deny the request. He further advised that after reviewing the drawings, the Planning Office had not changed its recommendation which was to deny the request. Mr. Vickers stated that an additional request had been made that if the welding shop was approved, an exception be granted to locate a trailer on the property as well, and this request was denied by the Planning and Zoning Board.
Mr. Mark Reeves, (the buyer of the subject property), 822 Country Club Road, Lake Charles, appeared before the Police Jury and pointed out that a request by Earsby Vidrine had previously been approved to rezone from R-1 to I-1 to allow a welding/machine shop in this area on Highway 14. He further pointed out that Ms. Abney (owner of the subject property) had sold a strip along the back of the subject property to Mr. Murphy Cormier, and that several business establishments, including a water well service, a store, and a restaurant, were located in this particular vicinity.
Mr. Reeves stated that he did not currently have a shop, but he would like to locate in Lake Charles, and that 90% of his work was portable. He advised that he had an occupational license for the past two years and would like to possibly put a mobile home behind the shop and build a house.
Mr. Jack Masters, 2928 Elda Street, Lake Charles, appeared before the Police Jury and stated that many of the residents who lived in this area on Corbina Road were present at the meeting on this date and were opposed to the rezoning. Mr. Masters further stated that they were concerned about increased traffic and accidents at the intersection of Corbina Road and Highway 14 which he said was a difficult intersection to get in and out of. He also stated that Corbina Road was a nice residential area, with some homes exceeding 3000 square feet of living space, and the owners did not want to experience a reduction in property values. Mr. Masters asked that the Police Jury take these concerns into consideration and vote against the request to rezone.
Mr. Jack Hartfield, 6136 Corbina Road, Lake Charles, appeared before the Police Jury and stated that he did not live very far from Hoot Sewer Systems or Murphy Cormier General Contractors, Inc., and both businesses were "noisy as heck"; therefore, he could not give his permission to build a shop with sandblasting or heavy air compressors. Mr. Hartfield stated that the area was a nice residential community.
Mr. Donald Jackson, 6511 South Meadowlark Drive, Lake Charles, reminded the police jurors that comprehensive zoning had gone into effect in 1980, and the residents of this area would like the zoning to remain as it was. He asked for a show of hands of persons in the audience who opposed the rezoning request, and following same, stated that he felt that the number of persons expressing opposition spoke for itself.
A vote was then taken on the motion on the floor which was to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-041-00 and to deny the request to rezone, and said motion carried unanimously.
President Mackey advised that action was needed on Zoning Case RZ01-035-00 which was a request by Lake Charles Naval Stores to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision located on North Perkins Ferry Road in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on November 14, 2000, and voted unanimously to recommend that the request be granted.
Motion was made by Mr. McMillin, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-035-00 and that the request to rezone be granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4237
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Lake Charles Naval Stores to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision on the property described as: N/2 of S36, T8S, R9W Calcasieu Parish Louisiana, lying E of the center of Indian Bayou less and except the E 300 feet and of the NE/4 of S36, T8S, R9W, less and except commencing at the NE cor of said S36, thence S 400'; thence W 630'; thence N 400'; thence E 630' to poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16th day of November, 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 One of this parish:
From A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision on the property described as: N/2 of S36, T8S, R9W Calcasieu Parish Louisiana, lying E of the center of Indian Bayou less and except the E 300 feet and of the NE/4 of S36, T8S, R9W, less and except commencing at the NE cor of said S36, thence S 400'; thence W 630'; thence N 400'; thence E 630' to poc.
Zoning Case RZ01-035-00
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
* * * * * * * * * * * * * *
President Mackey advised that action was needed on Zoning Case RZ08-039-00 which was a request by Anna B. Pappillion to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow a dump truck service on P. E. Daigle Road in Ward Eight, Police Jury District 10. He further advised that the Planning and Zoning Board had met on November 14, 2000, and voted unanimously to recommend that the request be denied.
Motion was made by Mr. Andrepont and seconded by Mrs. Griffin to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ08-039-00 and that the request to rezone be denied.
Mr. Glen Pappillion of P. E. Daigle Road appeared before the Police Jury in support of the request to rezone and stated that they currently had two occupational licenses (to operate dump truck services), and all they were asking was to combine the two (into one location). Mr. Pappillion stated that he would like to construct a 30' x 40' building for the business in which to put tractors and horse trailers. He advised that a question of maintenance had arisen at the Planning and Zoning Board meeting, but the most maintenance to be done would be washing of trucks, and there would be no motor swapping or oil changes, etc., done at this location.
Mrs. August asked if the dump truck service would be located on a cul-de-sac, to which Mr. Pappillion answered affirmatively. She asked if he would be driving past homes in the neighborhood with the dump trucks, and he stated that currently he drove one-half of the way down the street to get to his house and while it was a residential area, it was zoned agricultural.
Mrs. August expressed her concerns about the well-being of children who might think a cul-de-sac was a safe place to play. Mr. Pappillion stated that everyone in the neighborhood owned an acre, that not many children played in the street, and that the school bus picked them up in front of their houses.
Mrs. Griffin asked how many families would be affected by the request to rezone, and Mr. Pappillion answered that there were approximately 24 families and of those, there were three or four that were opposed to the rezoning. He further stated that in answer to a concern expressed at the Planning and Zoning Board meeting that the dump trucks would be traveling the entire length of the street, he was already traveling one-half of the street at the present time.
Mr. Charles Frank of 1741 P. E. Daigle Road, Iowa, appeared before the Police Jury and asked for a show of hands of those in the audience who were opposed to the rezoning request. He stated that Mr. Pappillion was not a resident of the small community when he (Mr. Frank) had moved there. He advised that the community had restrictions and was a nice, quiet area with kids who played in the neighborhood, including in the cul-de-sac. Mr. Frank stated that Mr. Pappillion was currently doing some welding, and that on Saturday and Sunday, he was backing up trucks and hosing them down which did not afford the neighbors any rest. Mr. Frank advised that he had sent a letter in May of 2000 to Mr. Algie Breaux, and he spoke to Mr. Wes Crain (of the Planning and Zoning Office) about his concerns, and Mr. Pappillion was allowed one vehicle connected with his occupation, a stipulation which he was violating. Mr. Frank stated that if Mr. Pappillion was granted the request to rezone, he would continue to do anything he wanted to do.
Ms. Mary Lyons, 1831 P. E. Daigle Road, Iowa, appeared before the Police Jury and stated that she lived at the end of the cul-de-sac. She further stated that her son sometimes played in this cul-de-sac, and there was a greater concern to her than Mr. Pappillion just traveling down the road.
Mr. Landry asked Mr. Smart if the road could withstand the weight of the dump trucks, to which Mr. Smart stated that it could, but the issue at hand was not a structural issue.
A vote was taken on the motion on the floor which was to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ08-039-00 and to deny the request to rezone, and said motion carried unanimously.
President Mackey advised that no action was needed on Zoning Case RZ01-038-00 which was a request by Shelton Dunaway to rezone from R-2 (Mixed Residential) to R-MHP (Manufactured Home Park) to allow a manufactured home park on John Belle Road in Ward One, Police Jury District 1, due to the fact that the application to rezone had been withdrawn. (The Planning and Zoning Board had met on November 14, 2000, and voted unanimously to recommend that the request be denied, with the stipulation that five manufactured homes be removed from the premises within thirty days.)
President Mackey advised that action was needed on Zoning Case RZ08-034-00 which was a request by ZA's Properties to rezone from I-2 (Heavy Industrial) to A-1 (Agricultural) to allow a construction debris landfill on Joe Spears Road in Ward Eight, Police Jury District 10. He further advised that on November 14, 2000, the Planning and Zoning Board had voted to defer action for thirty days.
It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that action be deferred for thirty days with respect to Zoning Case RZ08-034-00.
President Mackey advised that action was needed on Zoning Case RZ03-040-00 which was a request by DeVillier Properties, Inc. to rezone from I-2 (Heavy Industrial) to R-MHP (Manufactured Home Park) to allow a recreational vehicle park (17 spaces) on Big Lake Road in Ward Three, Police Jury District 9. He further advised that the Planning and Zoning Board had met on November 14, 2000, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that development adhere to the site plan on file with the Division of Planning and Development, (2) that all drives and parking areas be hardsurfaced with crushed limestone, and (3) that petitioner obtain approval from the Health Unit regarding the sewage treatment system.
Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-040-00 and that the request to rezone be granted with the stipulations outlined by the Planning and Zoning Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4238
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by DeVillier Properties, Inc. to rezone from I-2 (Heavy Industrial) to R-MHP (Manufactured Home Park) to allow a recreational vehicle park (17 spaces) on the property described as: Lot 6 of Dupre Benoit Partition of the W/2 of the NE/4 and the E/2 of the NW/4 of S21, T11S, R9W, subject to the road right of way across the Eastern boundary, Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16th day of November, 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 Three of this parish:
From I-2 (Heavy Industrial) to R-MHP (Manufactured Home Park) to allow a recreational vehicle park (17 spaces) on the property described as: Lot 6 of Dupre Benoit Partition of the W/2 of the NE/4 and the E/2 of the NW/4 of S21, T11S, R9W, subject to the road right of way across the Eastern boundary, Calcasieu Parish, Louisiana, with the following stipulations: 1) that development adhere to the site plan on file with the Division of Planning and Development, 2) that all drives and parking areas are to be hardsurfaced with crushed limestone, and 3) that petitioner obtain approval from the Health Unit regarding the sewage treatment system.
Zoning Case RZ03-040-00
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
* * * * * * * * * * * * * *
It was moved by Mr. Andrepont, seconded by Mrs. Treme and carried unanimously to suspend the rules by a two-thirds majority vote to receive a report from Ms. Angie Quienalty, Calcasieu Parish Registrar of Voters, on policies and procedures on voting in Louisiana, in general, and in Calcasieu Parish, specifically, as a result of problems arising in other states in the recent national presidential election.
Ms. Quienalty appeared before the Police Jury and spoke about the problems being experienced in Florida with the punch ballots and recounts associated therewith. She distributed sample punch ballots to illustrate how problems could occur when they were not completely and correctly punched. Ms. Quienalty stated that Louisiana was fortunate in that there was a standardized ballot statewide, and Calcasieu Parish was particularly fortunate in having the newer, electronic voting machines which made the chances of fraudulent activity occurring very slim. She also stated that another advantage Louisiana had was that there was a cut-off date for submittal of absentee ballots which required that all of them be in no later than the date of an election.
Ms. Quienalty advised that there were 119,000 registered voters in Calcasieu Parish, and approximately 63,000 had voted in the recent presidential election, with almost 3,000 votes being cast absentee, which meant that voter participation was increasing. She also advised that in Louisiana, persons must be registered to vote and must have filed address changes, etc., 30 days prior to an election in which they wished to vote. Ms. Quienalty stated that with the privilege of voting came the responsibility to know where to vote, and her office provided voter identification cards which specified in which precinct a person must vote; however, the telephone lines to her office were "jammed" on the day of the election with calls from persons not knowing where to vote. She explained that if a person filled out a voter registration application with another entity besides the Registrar of Voters, i.e., the Louisiana Office of Motor Vehicles, and they had not heard from her office in four weeks, they needed to call and check on the status of their registration.
Mr. Andrepont stated that kudos were in order for the superb job being done by Ms. Quienalty and her staff, and he asked if a photo identification card was required to vote. Ms. Quienalty stated that the law required this, but if a person did not have one, they could utilize their voter identification card from her office along with an affidavit.
Ms. Quienalty stressed the importance of being an informed voter by obtaining a sample ballot and marking it prior to an election, and if someone was not familiar with the voting machines, they should ask a Voting Commissioner for help.
In answer to a question by Mr. Clement, Ms. Quienalty stated that approximately 119,000 of the 180,000 persons in Calcasieu Parish were registered to vote, and that the confusion over the presidential election should convince everyone that their vote was important.
In answer to a question by Mrs. Griffin, Ms. Quienalty advised that there had been a 62% voter turnout in Calcasieu Parish for the recent presidential election which was considered a good turnout.
President Mackey advised that the report scheduled for receipt on this date regarding a recommended slate of nominees to serve on the Board of Directors of Calcasieu Greens, Inc., would be deferred until the next Regular Meeting of the Police Jury, said nominees having been submitted to the Police Jury by a citizens' selection group, the members of which were requested to serve solely for the purpose of developing such a slate of nominees to said Board.
Motion was made by Mr. McMillin, seconded by Mr. Andrepont and carried unanimously that the following resolution be adopted:
RESOLUTION
A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR DEVELOPMENT BY THE CALCASIEU PARISH PUBLIC TRUST AUTHORITY OF A PROJECT INVOLVING ISSUANCE BY THE AUTHORITY OF NOT TO EXCEED $12,000,000 OF ITS REVENUE BONDS TO PROVIDE FINANCING FOR CONSTRUCTION AND ACQUISITION OF A PUBLIC GOLF COURSE FACILITY IN CALCASIEU PARISH, LOUISIANA; ACCEPTING THE BENEFICIAL INTEREST IN AND TO CALCASIEU GREENS, INC., AND ANY AND ALL FACILITIES DEVELOPED, CONSTRUCTED, FINANCED AND/OR ACQUIRED THEREBY, AND ACKNOWLEDGING RECEIPT OF THE FORM OF THE ARTICLES OF INCORPORATION AND BY-LAWS OF CALCASIEU GREENS, INC.
WHEREAS, on October 11, 2000, the Calcasieu Parish Public Trust Authority (the "Authority") adopted a resolution authorizing the development of a project involving issuance of not to exceed $12,000,000 of its Revenue Bonds (the "Bonds"), to provide financing for construction and acquisition of a public golf course facility, including clubhouse, meeting facilities, all equipment, furnishings, fixtures and facilities incidental or necessary in connection therewith, located on Louisiana Highway 397 at Louisiana Highway 14 in Calcasieu Parish, Louisiana (the "Project"). The Project is to be owned by a Louisiana non-profit corporation (the "Corporation") having the Parish of Calcasieu as its beneficiary, for so long as the Bonds are outstanding, after which time ownership in the golf course would revert to the Parish of Calcasieu, Louisiana (the "Parish"); and
WHEREAS, the Authority has requested that the Police Jury, governing authority of the Parish of Calcasieu, Louisiana, as the Authority's beneficiary, give preliminary approval of the Project and accept the beneficial interest in the Corporation;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury, governing authority of Calcasieu Parish, Louisiana:
SECTION 1. The Police Jury, governing authority of the Parish of Calcasieu, Louisiana, hereby grants preliminary approval for development by the Calcasieu Parish Public Trust Authority of a project involving issuance by the Authority of not to exceed $12,000,000 of its Revenue Bonds in one or more series, to provide financing for construction and acquisition of a public golf course facility in Calcasieu Parish, Louisiana.
SECTION 2. The Police Jury, governing authority of Calcasieu Parish, Louisiana, does hereby accept the beneficial interest in and to Calcasieu Greens, Inc., a Louisiana non-profit corporation formed for the purpose of ownership and operation of a public non-profit public golf course(s), and any and all facilities developed, constructed, financed and/or acquired thereby, to serve the recreational and quality of life needs and requirements of persons residing specifically in Calcasieu Parish, Louisiana, and generally the surrounding environs.
SECTION 3. Receipt of the form of the Articles of Incorporation and By-Laws of Calcasieu Greens, Inc., is hereby acknowledged in form substantially as attached as Exhibit A and Exhibit B, respectively. Once the Articles of Incorporation are executed and duly filed, and corporate existence formally commenced, and the By-Laws are formally adopted by valid corporate action of the Board of Directors of Calcasieu Greens, Inc., said By-Laws shall be submitted to the Police Jury for formal ratification.
SECTION 4. The initial directors of Calcasieu Greens, Inc., and their initial terms of office shall be established and fixed by future action of this Police Jury.
SECTION 5. All resolutions, ordinances, or orders in conflict herewith, be, to the extent of such conflict, and they are hereby repealed.
Adopted and approved on this 16th day of November, 2000.
/s/ CHARLES S. MACKEY, D.D.S., President Calcasieu Parish Police Jury
ATTEST: /s/ S. MARK McMURRY, Parish Secretary
Exhibit A
ARTICLES OF INCORPORATION
OF
CALCASIEU GREENS, INC.
We, the undersigned, being natural persons capable of contracting, acting as incorporators of a corporation under the Louisiana Nonprofit Corporation Law (La. R.S. 12:201, et seq.), do hereby adopt the following Articles of Incorporation for such corporation.
ARTICLE I The name of the corporation is CALCASIEU GREENS, INC.
ARTICLE II The purpose for which the corporation is being formed is the operation of a public non-profit recreation facility, for the use and benefit of the public generally and specifically for the citizenry of Calcasieu Parish, Louisiana, and the surrounding environs. The general purposes of this corporation are:
A. To construct and operate in Calcasieu Parish, Louisiana, a non-profit public golf course(s) to serve the recreational and quality of life needs and requirements of the persons residing specifically in Calcasieu Parish, Louisiana, and generally the surrounding environs.
B. Without limiting the generality of the foregoing, the specific purposes of this corporation are:
Upon dissolution, liquidation or winding-up of this Corporation or prior thereto as herein above provided, the Facility and all other assets of the Corporation (after payment of any obligations of the Corporation) shall be transferred to the Parish of Calcasieu, Louisiana, free and clear of all encumbrances and without consideration.
ARTICLE III The Corporation is empowered:
A. To buy, own, sell, convey, assign, mortgage or lease any interest in real estate and personal property and to construct, maintain and to operate improvements thereon necessary or incident to the operation of a public non-profit golf course.
B. To borrow money and issue evidence of indebtedness in furtherance of any or all of the objects of its business, and to secure the same by mortgage, trust deed, loan agreement, pledge or other lien on or security interest in all or any portion of the Corporation's revenues, receipts and property, tangible and intangible, personal and real, and the rights thereto and the proceeds thereof, whenever acquired.
C. To do and perform all acts reasonably necessary to accomplish the purposes of the Corporation.
ARTICLE IV This Corporation is to exist perpetually.
ARTICLE V
The location and address of its registered office is:
ARTICLE VI
The full name and address of each registered agent is:
ARTICLE VII
The number of directors of the Corporation shall be five (5) in number. The Police Jury, governing authority of the Parish, shall appoint the directors of the Corporation. The Police Jury, governing authority of the Parish, shall also have the right to remove each director for cause and appoint any successor. The Directors shall be appointed for staggered five (5) year terms.
ARTICLE VIII
The full names and addresses of the initial directors are:
ARTICLE IX
The officers of the Corporation, as provided by the By-Laws of the Corporation, shall be elected by the Directors of the Corporation, in the manner therein set out, and shall serve until their successors are elected and have qualified and are to manage the affairs of the Corporation. The Directors shall elect the regular officers of the Corporation at the annual meeting.
ARTICLE X
By-Laws of the Corporation may be adopted by the Directors at any regular meeting or at any special meeting called for that purpose.
ARTICLE XI
These Articles of Incorporation, except the provisions of Article II relating to the Parish of Calcasieu, Louisiana, and the provisions of Articles XV, XVI and XVII hereof, may be amended in the manner provided by law. In no event may the non-profit, educational and charitable purposes and the manner of selecting directors of the Corporation be changed.
ARTICLE XII
No part of the net earnings fo the Corporation shall inure to the benefit of, or be distributed to, its members, officers, directors or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II hereof. The Facility operated by the Corporation shall be open and available to the public generally and all who desire use of such a Facility and services regardless of race, religion, color, national or ethnic origin.
ARTICLE XIII
The full name and address of the incorporator is:
Joseph A. Delafield, Attorney at Law
3401 Ryan Street, Suite 307
Lake Charles, Louisiana 70605
ARTICLE XIV
The Corporation shall be organized and operated and shall be maintained on a non-stock basis.
ARTICLE XV
The Corporation shall have one class of members. The members of the Corporation shall consist of the members of the Board of Directors of the Corporation during their terms as members of such Board of Directors and any person who shall make a donation to the Corporation and who shall request membership therein. Except as provided in this Article XVI, the members of the Corporation shall have voting rights as provided in the Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950, as amended.
No member or director of the Corporation shall have any right, title or interest in or to any property of the Corporation, either prior to or at the time of liquidation or dissolution of the assets fo the Corporation, all of which properties and assets shall, at the time of any liquidation, be transferred to the Parish of Calcasieu, Louisiana, without any consideration of any kind or nature.
ARTICLE XVI
Upon dissolution, liquidation or winding up of this Corporation, all of the property and assets owned by the Corporation at such time, remaining after the payment of or provisions for all debts or liabilities of this Corporation, shall be distributed to the Parish of Calcasieu, Louisiana, without consideration of any kind or nature.
ARTICLE XVII
The Corporation may borrow money, purchase immovable property, or sell, lease, encumber or otherwise alienate or dispose of any of its immovable property if authorized by resolution of its Board of Directors, and approval of a resolution authorizing any such act or acts by the voting members of the Corporation at a regular or special meeting thereof shall not be a pre-requisite thereto.
SWORN TO AND SUBSCRIBED before me at Lake Charles, Calcasieu Parish, Louisiana, in the presence of ____________________ and
___________________, competent witnesses, and me, Notary, on this the _______ day of ______________, 2000.
WITNESSES:
_____________________________________________________________
JOSEPH A. DELAFIELD, Incorporator
__________________________
______________________________
NOTARY PUBLIC
Exhibit B
BY-LAWS OF
CALCASIEU GREENS, INC.
ARTICLE I
Directors and Members
Section 1. General Powers. The business and affairs of the Corporation shall be managed by a board of not less than five (5) nor more than seven (7) directors which shall exercise all of the powers of the Corporation.
Section 2. Members of the Corporation. The Corporation shall have one class of members. The members of the Corporation shall consist of the members of the Board of Directors of the Corporation during their terms as members of such Board of Directors and any person who shall make a donation to the Corporation and who shall request membership therein.
Section 3. Election and Tenure of Office. The directors shall be elected by the members for one year terms at the appropriate annual meeting of the members and each director shall serve until his successor shall have been elected and shall have qualified.
Section 4. Vacancies. A vacancy occurring on the Board shall be filled by the affirmative vote of a majority of the remaining directors for the unexpired portion of the term.
Section 5. Compensation. Neither directors nor officers shall receive any salary for the services except that by resolution of the Board, actual expenses of attendance, if any, may be allowed for attendance of meetings of the Board. Any officer or director of the Corporation may also perform legal or other professional services for the Corporation and receive reasonable compensation therefor; otherwise, no director or officer shall receive compensation for serving the Corporation in any other capacity, nor shall any close relative of a director or officer receive compensation for serving the Corporation. The term "close relative" as used herein shall mean any brother or sister of any director or officer, the forebears and descendants of a director or officer or any such brother or sister and any spouse of a director or officer or aforesaid person.
ARTICLE II
Meetings of Directors and Members
Section 1. Regular Meeting. A regular annual meeting of the members of the Board of Directors shall be held on the 15th day in January each year.
Section 2. Special Meetings. Special meetings of the Board may be called by the President or by any director, and it shall thereupon be the duty of the Secretary to cause notice of such meeting to be given as hereinafter provided. The President or the director calling the meeting shall fix the time and place for the holding of the meeting.
Section 3. Notice of Directors' Meeting. Written notice of the time, place and purpose of any special meeting of the Board shall be delivered to each director not less than five (5) days previous thereto either personally or by mail, by or at the direction of the Secretary, by the President or the director calling the meeting. If mailed such notice shall be deemed to be delivered when deposited in the United States mail addressed to the director at his address as it appears on the records of the Corporation, with postage thereon paid.
Section 4. Notice of Members' Meetings. Written or printed notice stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than five (5) days nor more than twenty (20) days before the date of the meeting, either personally or by mail, by or at the direction of the President, or the Secretary, or the officers or persons calling the meeting, to each member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the member at his address as it appears on the records of the corporation, with postage thereon prepaid.
Section 5. Quorum. A majority of the members of the Board shall constitute a quorum, provided, that if less than such majority of the directors is present at said meeting, a majority of the directors present may adjourn the meeting from time to time; and provided further, that the Secretary shall notify any absent directors of the time and place of such adjourned meeting. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board.
ARTICLE III
Rights and Liabilities
of Members and Directors
Section 1. Property Interest of Members and Directors. No member or director of the Corporation shall have any right, title or interest in or to any property or assets of the Corporation, either prior to or at the time of any liquidation or dissolution of the Corporation, all of which properties and assets shall at the time of any liquidation or dissolution be transferred to the Parish of Calcasieu, Louisiana (the "Parish"), as provided in the Articles of Incorporation.
ARTICLE IV
Officers
Section 1. Number. The officers of the Corporation shall be a President, Vice-President, Secretary, Treasurer, and such other officers as may be determined by the Board from time to time to perform such duties as may be designated by the Board. The President, Vice-President, Secretary and Treasurer shall be members of the Board. The officers of Secretary and Treasurer shall be held by the same person.
Section 2. Initial Election of Officers. At the first meeting of the members of the Board of Directors, the members of the Board of Directors shall elect a President, Vice-President, Secretary and Treasurer, who shall serve as the officers of the Corporation until their successors are elected.
Section 3. Regular Elections and Term of Office. The officers shall be elected annually by the Board at the annual meeting of the Board. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as convenient. Each officer shall hold office until his successor shall have been elected. Except as otherwise provided in these By-Laws, the vacancy in any office shall be filled by the Board for the unexpired portion of the term.
Section 4. Removal of Officers and Agents by Directors. Any officer or agent elected or appointed by the Board may be removed by the Board whenever in its judgment the best interests of the corporation will be served thereby.
Section 5. President. The President:
Section 6. Vice President. In the absence of the President, or in the event of his inability or refusal to act, the Vice-President shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Vice-President shall also perform such other duties as from time to time may be assigned to him by the Board.
Section 7. Secretary. The Secretary shall:
(a) Keep the minutes of the meeting of the Board in one or more books provided for that purpose. (b) See that all notices are duly given in accordance with these By-Laws or as required by law.
(c) Be custodian of the corporate records and the seal of the Corporation and affix the seal of the Corporation to documents the execution of which on behalf of the Corporation under its seal is duly authorized in accordance with the provisions of these By-Laws.
(d) Keep a register of the names and post office addresses of all directors.
(e) Have general charge of the books of the Corporation.
(f) Keep on file at all times a complete copy of the Articles of Incorporation and By-Laws of the Corporation containing all amendments thereto.
(g) In general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the Board.
Section 8. Treasurer. The Treasurer shall (except to the extent that the Corporation may have assigned its receivables):
Section 9. Bonds of Officers. The Treasurer and any other officer or agent of the Corporation charged with responsibility of the custody of any of its funds or property shall give bond in such sum and with such surety as the Board shall determine. The Board in its discretion may also require any other officer, agent or employee of the Corporation to give bond in such amount and with such surety as it shall determine.
ARTICLE V
Non-Profit Operation
The Corporation shall be a charitable and educational non-profit corporation and the Corporation shall not have or issue shares of stocks or dividends. The Corporation is one which does not contemplate pecuniary gain or profit to the members or directors thereof, and shall so conduct its business and affairs so that no profit or income from the operation thereof shall inure to any members or director or officer of the Corporation and no distribution shall ever be made of any of the properties or assets of the Corporation to any member, director or officer thereof. Upon dissolution of the Corporation, all of the Corporation's assets remaining after the payment of all of or provision for all its liabilities shall be transferred to the Parish of Calcasieu, Louisiana, free and clear of all liens and encumbrances, without consideration of all kinds or nature.
ARTICLE VI
Accomplishment of Purpose
The Corporation has been formed to benefit the residents of the Parish of Calcasieu, Louisiana, and the surrounding area, the increase of their commerce, welfare and prosperity and the improvement of their health and living conditions by acquiring, constructing and equipping a public non-profit public golf course and related facilities. To fulfill its purpose, the Corporation intends to acquire certain real property in Calcasieu Parish, Louisiana, and to construct and equip thereon a public non-profit public golf course and related facilities (hereinafter referred to as the "Facility") with funds derived from the sale of its bonds or other evidences of indebtedness. After the Corporation's bonds are retired, or provision therefor is made, in accordance with the indenture or other document under which the bonds may be issued, it shall forthwith tender by gift all of the Corporation's rights, title and interest in and to the Facility to the Parish of Calcasieu, Louisiana.
ARTICLE VII
Seal
The Corporate seal of the Corporation shall be in the form of a circle and shall have inscribed thereon the name of the Corporation and the words "Corporate Seal."
ARTICLE VIII
Financial Transactions
Section 1. Contracts. Except as otherwise provided in these By-Laws, the Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name and on behalf of the Corporation, and such authority may be general or confined to specific instances.
Section 2. Checks, Drafts, etc. All checks, drafts, or other orders for the payment of money, and all notes, bonds or other evidences of indebtedness issued in the name of the Corporation shall be signed by such officer or officers, agent or agents, employee or employees of the Corporation and in such manner as shall from time to time be determined by resolution of the Board.
Section 3. Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such bank or banks as the Board may select.
Section 4. Fiscal Year. The fiscal year of the Corporation shall begin on the first day of January of each year and every year shall end on the last day of December.
ARTICLE IX
Miscellaneous
Section 1. Waiver of Notice. Any director may waive in writing any notice of a meeting required to be given by these By-Laws. The attendance of a director at any meeting shall constitute a waiver of notice of such meeting by such directors, except in case a director shall attend a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting has not been lawfully called or convened.
Section 2. Rules and Regulations. The Board shall have power to make and adopt such rules and regulations, not inconsistent with law, the Articles of Incorporation or these By-Laws, as it may deem advisable for the management of the business and affairs of the Corporation.
Section 3. Accounting System and Reports. The Board shall cause to be established and maintained, in accordance with generally accepted principles of accounting, an appropriate accounting system.
ARTICLE X
Amendment
These By-Laws may be altered, amended or repealed by the affirmative vote of two-thirds of the directors at any regular or special meeting, provided a quorum as provided in these By-Laws be present and provided the notice of such meeting shall have contained a copy of the proposed alteration, amendment, or repeal. Notwithstanding the foregoing, Articles III, V and VI of these By-Laws may not be altered, amended or repealed.
CERTIFICATE
We, the undersigned, hereby certify that we acted as Chairman and Secretary, respectively, of a meeting of the Board of Directors of the above Corporation held on the ____ day of _____________, 2000, at which the foregoing By-Laws were duly adopted as the By-Laws of said Corporation, and hereby further certify that the foregoing constitute the By-Laws of said Corporation.
DATED this ____ day of _________________, 2000.
___________________________________
CHAIRMAN
___________________________________
SECRETARY
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It was moved by Mr. Clement, seconded by Mr. Kleckley and carried unanimously that the ditch maintenance program be continued, in accordance with changes recommended by the Ditch Maintenance Ad-Hoc Committee at its meeting on October 26, 2000, including the addition of a $2.00 per foot of culvert surcharge to the installation fee with the costs of the catch basins to be subsidized by the Parish from the Riverboat Fund on an as-needed basis. (The Ditch Maintenance Ad-Hoc Committee met on October 26, 2000, and recommended that the program be continued with the addition, as previously stated, and that the staff research possible alternatives available for rebating a portion of the cost of catch basins installed since the beginning of the program and report their findings to the Police Jury on November 2, 2000. On November 2, 2000, the staff made a report with reference to the possible alternatives related to the rebating and recommended that rebates not be given, and the Police Jury deferred action until November 16, 2000.)
Upon motion made by Mrs. August, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolution was adopted:
RESOLUTION
A RESOLUTION APPROVING THE ISSUANCE, SALE AND DELIVERY BY THE CALCASIEU PARISH PUBLIC TRUST AUTHORITY OF NOT EXCEEDING $1,000,000 INDUSTRIAL REVENUE BONDS (GROTH EQUIPMENT CORPORATION PROJECT), SERIES 2000.
WHEREAS, on September 28, 2000, the Louisiana State Bond Commission approved a Notice of Intention to Issue Bonds and a Notice of Sale of Bonds in connection with the issuance by the Calcasieu Parish Public Trust Authority ("Issuer") of not exceeding $1,000,000 principal amount of Industrial Revenue Bonds (Groth Equipment Corporation Project) Series 2000, and authorized its publication, all in accordance with the provisions of Chapter 2-A of Code Title II of Title 9 of the Louisiana Revised Statutes of 1950, as amended (the "Act");
WHEREAS, on November 8, 2000, in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code") and the Treasury Regulations promulgated thereunder (the "Regulations") regarding the public approval prerequisite to assure the exemption from federal income taxation of the interest on the Bonds, the Calcasieu Parish Public Trust Authority conducted a public hearing, after reasonable public notice, with regard to the issuance by the Issuer of the Bonds, in accordance with §5f.103-2(c) and §5f.103-2(f) of the Regulations;
WHEREAS, on November 8, 2000, in further satisfaction of the requirements of the Act, pursuant to notice, the Calcasieu Parish Public Trust Authority conducted a public hearing to allow all interested persons and elected representatives to express their views with regard to the proposed issuance of the Bonds by the Authority;
WHEREAS, no one appeared at the public hearing to ask questions or give statements or comments (pro or con) concerning the Bonds;
WHEREAS, on November 8, 2000, the Issuer authorized the issuance, sale and delivery of not exceeding $1,000,000 Calcasieu Parish Public Trust Authority Industrial Revenue Bonds (Groth Equipment Corporation Project), Series 2000, and approved the form of the major financing documents in connection therewith;
WHEREAS, a public sale of the Bonds will be held before the Louisiana State Bond Commission at its regular meeting in December, 2000, and it is anticipated that the Bonds will be issued and delivered in January, 2001; and
WHEREAS, the Calcasieu Parish Police Jury, as the elected representatives of Parish, and the beneficiary of the Calcasieu Parish Public Trust Authority, must approve the issuance of the Bonds after a public hearing;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury, the governing authority of the Parish of Calcasieu, Louisiana, as follows:
SECTION 1. The issuance, sale and delivery by the Calcasieu Parish Public Trust Authority of not exceeding $1,000,000 Industriual Revenue Bonds (Groth Equipment Corporation Project), Series 2000 (the "Bonds"), is hereby approved.
SECTION 2. This approval for issuance of the Bonds is given pursuant to and in satisfaction of the requirements of the Act, the Code and the Regulations, including particularly, but not limited to, §5f.103-2(c) and §5f.103-2(f).
SECTION 3. All resolutions in conflict herewith be, to the extent of such conflict, and the same are hereby repealed.
APPROVED AND ADOPTED this 16th day of November, 2000.
/s/ CHARLES S.MACKEY, D.D.S., President
ATTEST: /s/ S. MARK McMURRY, Parish Secretary
* * * * * * * * * * * *
Motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously to authorize the President of the Police Jury to execute the necessary documents for acquisition of right-of-way from Harold Glen Rhodes and Maurine Rhodes, Co-Trustees of the Rhodes Veterinary Hospital, Inc. on WPA Road in Wards Four and Seven (Calcasieu Parish Project No. 2000-03), in accordance with criteria established by the Police Jury and recommendation of the Parish Engineer.
It was moved by Mr. Kleckley, seconded by Mr. Andrepont and carried unanimously that the Budget Committee Report dated November 16, 2000, and recommendations contained therein, be approved as follows:
BUDGET COMMITTEE REPORT
November 16, 2000
A meeting of the Budget Committee was held at 4:00 p.m. on Thursday, November 16, 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, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mrs. Sandy Treme, and Dr. Charles S. Mackey, Ex-Officio
Absent: None
Also present were Mr. S. Mark McMurry, Ms. Kathy Criglow, Ms. Gernine Mailhes, Mrs. Coleen Clark, Ms. Tammy Bufkin, Ms. Cheryl Heisser, Mr. Bryan Beam, and Mr. Claude Smart.
Said Committee:
(1)Received the administrative presentation of the proposed Parish FY 2001 Budget.
(2) Recommended approval of the following Cooperative Endeavor Requests for funding for certain projects from the Riverboat Fund from the following special
service districts:
Gravity Drainage District No. Four of Ward Three
Hydro-mulch Lateral L-2/W-5 Discretionary $ 3,339.95
Install pipe in existing ditch (Mickey Lane at Raleigh Drive) Discretionary $ 609.84
Install pipe in existing ditch (Flounder Drive) Discretionary $ 4,856.92
Gravity Drainage District No. Six of Wards Five and Six
Purchase Tractor/Bushhog Major (split Wards 5/6) $30,000.00
Remove silt from Buxton Creek Major (Ward 6) $ 1,500.00
Install pipe on Buxton Creek Major (Ward 6) $ 8,918.00
Install pipe on Starks Main and on Ozan Ditch Major (Ward 5) $ 4,171.00
Gravity Drainage District No. Eight of Ward One
Install pipe in Breckinridge Lateral and other ditches as needed Major $ 2,032.00
NOTE: On February 4, 1999, the Police Jury allocated $2,032.00 for the Boutte Ditch Project. The project was cancelled, but the pipe had been purchased. The Drainage District's request was for permission to utilize the purchased pipe for the above referred to project(s).
Purchase of catch basin for intersection of Highway 378 and Parish Road Discretionary $ 2,780.00
Community Center & Playground District No. Four of Ward One
Dirt work and lighting for "Buddy" ballfield 2000 Spec. Proj. by Wd. $10,000.00
Ward One Fire Protection District No. One
Additional equipment for new fire truck 2000 Spec. Proj. by Wd. $ 1,609.00
(3) Approved a request from Ward One Fire Protection District No. One for a six-month extension as it relates to a grant in the amount of $25,000.00 for the construction of a fire station in the central part of the district due to a delay in the purchase of the property. (On April 22, 1999, the Police Jury allocated $25,000.00 for this project, and on May 4, 2000, the Police Jury granted a six-month extension.)
There being no further business, Chairman Andrepont declared the meeting to be adjourned.
* * * * * * * * * * * * * * * *
Mr. Andrepont encouraged the jurors to get with the staff if they had any questions concerning the proposed budget in order to reserve as much time as possible for public input at the next meeting of the Budget Committee.
Upon motion made by Mrs. Treme, which was duly seconded by Mr. McMillin and carried unanimously, the Parish Administrator was authorized to advertise for bids for one telemetry system for use by Waterworks District No. Five of Wards Three and Eight.
President Mackey advised that notification had been received from the Louisiana Department of Transportation and Development that Calcasieu Parish was in full compliance for the 2000 Annual Review which would assure Calcasieu Parish's continued participation in the Federal Bridge Replacement Program for the year 2001.
Motion was made by Mrs. Griffin and seconded by Mrs. August to go into executive session to discuss Lawsuit Nos. 97-9315 and 97-9349 (Comeaux vs. Police Jury). Mr. McMurry advised that there was a need to discuss an additional lawsuit in executive session, that being Lawsuit No. 98-07970 (Malbrough vs. Police Jury). Mrs. Griffin amended her motion, and Mrs. August accepted said amendment, to include this lawsuit in the items to be discussed in executive session. A vote on the motion as amended carried unanimously.
Following the executive session, motion was made by Mrs. Treme, seconded by Mr. Clement and carried unanimously to reconvene in regular session and to approve the report given by legal counsel during the executive session.
There being no further business, President Mackey declared the meeting to be adjourned.
Charles S. Mackey, D.D.S., President
S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary