Lake Charles, Louisiana
January 18, 2001
The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, January 18, 2001, in the Police Jury Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with the Honorable Elizabeth Conway Griffin, President, presiding, and the following members present:
Mesdames Luvertha August and Sandra J. Treme; and Messrs. Francis Andrepont, Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chuck
Kleckley, Chris Landry, Hal McMillin, Don Manuel, and Cornelius "Cornie" Moon.
Absent: Charles S. Mackey, D.D.S.
Also present were Mr. S. Mark McMurry, Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen Smith, Legal Counsel; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.
President Griffin called the meeting to order, and the invocation was pronounced by Mr. Derbonne, which was followed by the Pledge of Allegiance led by Mr. Clement. The roll was called with the result being as outlined above.
Mr. Andrepont was granted a point of personal privilege to introduce Mr. Kent Savoie, candidate for District Judge. Mr. Savoie thanked everyone for the opportunity to introduce himself.
Mr. Collins was also granted a point of personal privilege to introduce Reverend Jimmy R. Stevens, Pastor of Mount Zion Baptist Church, who presented a bouquet of roses to President Griffin and expressed the pride he and others had in President Griffin's many accomplishments.
President Griffin thanked Pastor Stevens for the bouquet and kind remarks and then presented the following presentation concerning "2001 - The Year Ahead."
Complete text of presentation by Police Jury President Elizabeth Conway Griffin
Regular Meeting of the Calcasieu Parish Police Jury
January 18, 2001
"2001: The Year Ahead"
As we begin a new year, and as I begin my term as your President, I appreciate the privilege of taking a few minutes of the meeting tonight to share some thoughts
as we look to the year ahead of us.
My comments this evening will touch on some of the major projects and initiatives planned for implementation this year.
To assist with my presentation, Mark and his staff have developed some slides, and I would direct your attention to the meeting room screen.
I would like to start by mentioning some of the high profile capital projects scheduled for 2001.
The main branch of the Calcasieu Parish Health Unit in Lake Charles, which now has a newly constructed Regional Lab, will see further expansion and renovations.
Because of the Police Jury's investment in local health unit facilities over the past several years, the State spared Calcasieu to a large degree in closing down health
unit services.
Plans for expansion of the Office of Community Services Senior Center have been developed, with construction to begin later this year, subject to a funding match
by the State. The expansion will provide additional access to activities designed to meet the needs of Calcasieu's 35,000 plus senior citizen population.
Bids will be taken in the first quarter of this year to expand the Parish Government Building upward two floors to put all main office employees in one place. This
consolidation will not only improve efficiency of operations and better serve the public, but also provide for future growth needs of parish government including the
District Attorney's Office and the District Court.
Other Parish initiatives already in progress will move forward this year. In the area of recreation, the Police Jury has included the property acquired in 2000
adjacent to Prien Lake Park in an outside consultant's study in order to generate park design ideas which reflect the desires of local citizens for this prime property.
Another emerging area of our operations will be the establishment of course offerings at our Emergency Response Training Center, acquired last year. Utilizing the
expertise of schools such as LSU and Texas A&M, this center will begin service as a regional provider of emergency response training for local industry and municipal
type firefighters.
For some time, the Police Jury has wrestled with the issue of transportation for our rural residents who don't have adequate resources to take them to and from
municipal areas where most services are located. This will change in 2001, as an initiative, funded through federal grants and a local match, will use six to eight
vehicles to service the public through a demand/response system, targeting the unemployed, seniors, children under sixteen, those with medical needs, and the
disabled.
An ongoing challenge for parish government is drainage. We have an opportunity this year to truly start addressing this issue on a parishwide basis. Local
government entities including cities, parish government, and special districts are currently working together along with the Corps of Engineers to determine
feasibility costs of developing solutions to drainage problems in multiple watersheds.
Sewerage is also a front burner issue for parish government. Our primary concern is improperly treated wastewater effluent going into our ditches. The Planning
Division is working on changes in subdivision requirements that will prevent the problem from spreading. We may also have to look seriously at regulating existing
mechanical sewer systems throughout the parish to minimize incidents of contaminated effluent. In this vein, it will be important to keep a close eye on the newly
executed agreement that will produce a study on parish requirements under Stormwater Two regulations.
As in past years, we will seek out partnerships with other public agencies that enhance our operational effectiveness. Recent examples include an agreement with
the City of Lake Charles to provide sewerage service to our Office of Juvenile Justice Services, and a partnership with the Sheriff's Office to enforce speed limits
on parish roads.
Economic development partnerships are also vital to our communities, and will be a key focus of my term as President. With developments such as Global Industries,
Unifab, Regional Airport improvements, and the East Lake Charles Industrial Park, the Police Jury has established its commitment to job creation for our parish. In
looking ahead, discussions are currently being held with Chennault and Southland Field representatives for facility expansions geared toward attracting new business
opportunities. Also, the Police Jury's enterprise zone designations, which offer tax incentives to new or expanding businesses, are an important component of our
ongoing economic development program.
An aspect of the Police Jury that I would also like to emphasize this year is the parishwide nature of our services. Although some parish activities are confined to unincorporated areas, many services are provided to citizens within municipalities as well. Unfortunately, this is not widely understood. Examples of services that are parishwide include the library system, mosquito control, emergency management, health and dental care, job training, senior citizen protection, juvenile justice, and many others. My personal challenge will be to promote this message to our citizens.
I would like to wrap up by briefly mentioning a few other items that the Police Jury will be dealing with in 2001.
Once Census data is available in April, we will begin the process of reapportioning political district boundaries. This is required by law after each Census is taken.
Another matter which has come to the forefront is the potential for legislation regulating the use of groundwater within our aquifers. We must monitor this issue
closely at the state level. It is likely that the topic of groundwater regulation will be discussed at our upcoming Police Jury Association convention.
Lastly, in 2001 the Parish is expected to begin receiving revenues from Delta Downs as a result of their entry into slot machine gaming. We must decide on the
formula for allocation of these funds for next year and beyond.
As we take on the challenges that lie before us, let us remember first, our Mission Statement which is: "The mission of the Calcasieu Parish Police Jury is to
consistently and efficiently provide the highest quality of services to the people of Calcasieu Parish in a manner that is responsive to the will and the needs of the
citizens". And secondly, the motto we have adopted, and that we are proud to declare. The Calcasieu Parish Police Jury stands for: SERVICE - VISION -
LEADERSHIP. I ask you to help me assure that these three words continue to represent more than just an accumulation of letters--that instead, they become a
defining description of who we are and what principles we intend to use to guide our efforts as public servants.
Again, I thank you for the privilege and honor of serving as your President, and I appreciate the opportunity to share these thoughts with you.
* * * * * * * * * * * *
Mr. Manuel was granted a point of personal privilege to introduce Mr. Jimmy Wallace and to recognize the members of Mr. Wallace's Boy Scout Troop who were in attendance at the meeting on this date.
Upon motion made by Mr. Breaux, which was duly seconded by Mr. Andrepont and carried unanimously, agenda item numbered 14 was taken out of order, and the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of January, 2001, that it does
hereby approve the By-Laws of Calcasieu Greens, Inc., as recommended by the Board of Directors of Calcasieu Greens, Inc., a copy of which is attached hereto as
Exhibit "A" and hereby made a part of this resolution.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by Mr. Breaux, seconded by Mrs. August and carried unanimously to also take agenda item numbered 15 out of order and to adopt the following resolution:
RESOLUTION
A RESOLUTION AUTHORIZING ISSUANCE BY THE CALCASIEU PARISH PUBLIC TRUST AUTHORITY OF NOT TO EXCEED $12,000,000 OF ITS REVENUE
BONDS (CALCASIEU GREENS, INC. PROJECT), SERIES 2001, AND PROVIDING FOR OTHER MATTERS WITH RESPECT THERETO.
WHEREAS, on October 11, 2000, the Calcasieu Parish Public Trust Authority (the "Issuer") adopted a Notice of Intention to issue not to exceed $12,000,000 of its
Revenue Bonds (Calcasieu Greens, Inc. Project), Series 2001 (the "Bonds"); and
WHEREAS, on November 16, 2000, the Calcasieu Parish Police Jury gave preliminary approval for development of a project 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"); and
WHEREAS, on November 30, 2000, the Louisiana State Bond Commission gave preliminary approval and authority to proceed with development of the Project, and
approval to issue, sell and deliver Revenue Bonds (Calcasieu Greens, Inc. Project), Series 2001, of the Issuer in the principal amount not to exceed $12,000,000, all in
accordance with the provisions of Chapter 2-A of Title 9 of the Louisiana Revised Statutes of 1950, as amended (the "Act"); and
WHEREAS, on January 10, 2000, pursuant to notice, a copy of which is annexed hereto, the Issuer 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 Issuer, in satisfaction of the requirements of Section
147(f) of the Internal Revenue Code of 1986 regarding the public approval prerequisite to assure the exemption from federal income taxation of the interest on the
Bonds; and
WHEREAS, no one appeared at the public hearing to ask questions or give statements or comments (pro or con) concerning the Bonds; and
WHEREAS, on January 18, 2000, the Louisiana State Bond Commission gave final approval for issuance, sale and delivery of the Bonds, and accepted the written
offer of SAMCO Capital Markets, a Division of Service Asset Management Company, and PHN Capital Funding Inc., Atlanta, Georgia, for the purchase of not
exceeding $12,000,000 Calcasieu Parish Public Trust Authority Revenue Bonds (Calcasieu Greens, Inc. Project), Series 2001; and
WHEREAS, the Parish of Calcasieu, as the beneficiary of the Calcasieu Parish Public Trust Authority, must approve by resolution all bonds of the Issuer;
NOW, THEREFORE, BE IT RESOLVED by the Calcasieu Parish 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 $12,000,000 of its Revenue Bonds (Calcasieu Greens,
Inc. Project), Series 2001, is hereby authorized and approved, for a term not exceeding thirty-one (31) years from date thereof, at an interest rate not exceeding
nine percent (9%) per annum.
SECTION 2. The following documents relative to the Bonds, in form substantially as attached hereto, be, and the same are hereby approved and adopted, subject
to the approval and modification, if any, of Bond Counsel to the Issuer:
1) Indenture of Trust by and between the Issuer and the Trustee dated as of February 1, 2001 (the "Indenture") (Exhibit A);
2) Bond Purchase Agreement by and among the Issuer, SAMCO Capital Markets, A Division of Service Asset Management Company, and PHN Capital Funding Inc., of
Atlanta, Georgia, and the Louisiana State Bond Commission, dated January 18, 2001 (Exhibit B);
3) Loan Agreement by and between the Issuer and Calcasieu Greens, Inc., dated as of February 1, 2001 (Exhibit C);
SECTION 3. All other resolutions in conflict herewith be, to the extent of such conflict, and the same are hereby repealed.
THUS APPROVED AND ADOPTED this 18th day of January, 2001.
/s/ Elizabeth Conway Griffin, President
ATTEST:
/s/ S. Mark McMurry, Secretary
* * * * * * * * * * * *
At this time, Mr. McMillin and Mr. Gremillion presented a plaque to Mr. Robert McClelland, Fire Chief of Ward Four Fire Protection District No. Three, in honor of his retirement after twenty years of service to said fire district.
President Griffin advised that no action was necessary on applications for liquor and beer permits due to the fact that no applications had been submitted.
It was moved by Mrs. August, seconded by Mr. Collins and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated December 21, 2000, and the reading of same was dispensed with.
President Griffin advised that action was needed to amend Parish Ordinance No. 3959 to remove a stipulation (that ingress and egress be restricted from Big Lake Road for business traffic) from a previous rezoning request, RZ03-057-97 which was a request by David Foster to rezone from C-1 (Light Commercial) to I-1 (Light Industrial) to allow a boat repair business at 5563 Big Lake Road in Ward Three, Police Jury District 8. She further advised that the Planning and Zoning Board had met on January 16, 2001, and voted unanimously to recommend that the request be granted to remove the stipulation as stated heretofore. (Note: The agenda stated that the request was in reference to Zoning Case RZ03-003-99, but subsequent to the meeting it was determined that the request actually referred to Zoning Case RZ03-057-97.)
Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously to uphold the recommendation of the Planning and Zoning Board with reference to amending Ordinance No. 3959 and that the request to remove the stipulation be granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4242
AN ORDINANCE amending Ordinance No. 3959, adopted by the Police Jury on February 18, 1998, (Zoning Case RZ03-057-97), to provide for the deletion of
stipulation 6) that ingress and egress be restricted from Big Lake Road for business traffic.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of January, 2001, that Ordinance
No. 3959, adopted by the Police Jury on February 18, 1998, (Zoning Case RZ03-057-97), is amended to provide for the deletion of the following stipulation: (6) that
ingress and egress be restricted from Big Lake Road for business traffic, of the following described property:
Com at a point which is 248.0 feet S of the NW Cor of Lot 1 of R Broussard Estate. A subdivision as per plat recorded in Conveyance book 252, Page 234, thence E
along the S side of a public road a distance of 312 feet, thence S 104 feet, thence W 312 feet thence N 100 feet.
Zoning Case RZ03-057-97
BE IT FURTHER ORDAINED that the above described property is hereby classified and ratified as C-1 (Light Commercial).
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/ Elizabeth Conway Griffin, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
* * * * * * * * * * * *
President Griffin advised that action was needed on Zoning Case RZ03-001-01 which was a request by Marie Brand to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (recreational vehicle) on Airhart Road in Ward Three, Police Jury District 9. She further advised that the Planning and Zoning Board had met on January 16, 2001, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development.
Motion was made by Mr. Andrepont, seconded by Mr. Breaux and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-001-01 and that the request to rezone be granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4243
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Marie Brand to
rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (Recreational Vehicle) on the property described as: Lot 7 of Blk A of
E Lake Harbor Subdivision Part No. 1.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of January, 2001, 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-2 (Mixed Residential) to allow residential development (Recreational Vehicle) with the stipulation that development adhere to the
site plan on file with the Division of Planning and Development, on the property described as: Lot 7 of Blk A of E Lake Harbor Subdivision Part No. 1.
Zoning Case RZ03-001-01
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/ Elizabeth Conway Griffin, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
* * * * * * * * * * * *
President Griffin advised that action was needed on Zoning Case RZ01-028-00 which was a request by Rhonda Hall to rezone from R-MHP (Manufactured Home Park) and A-1 (Agricultural) to C-3 (Central Business Commercial) to allow retail development (Wal-Mart) at the intersection of Highway 171 and You Winn Road in Ward One, Police Jury District 1. President Griffin further advised that the Planning and Zoning Board had met on January 16, 2001, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the site plan adhere to the one submitted and approved by the Division of Planning and Development; (2) that the ingress and egress to out-parcels be restricted to interior drives only (no direct access to You Winn Road); (3) that Wal-Mart incur costs for signalization and all improvements of You Winn Road; (4) that all Parish road improvements must be approved by the Division of Engineering and Public Works; (5) that a fifteen (15) foot buffer area along the north and east property lines must be maintained as a green space (only allow fence, fire hydrants, sprinklers and irrigation systems, and buried utilities; (6) that a six-foot board fence must be erected along the north and east property lines; and (7) that the application adhere to the Application and Supporting Documentation for "Wal-Mart Application for Rezoning," on file with the Division of Planning and Development.
Mr. Thomas C. David, Jr., Post Office Box 89, Alexandria, 71309, appeared before the Police Jury on behalf of Wal-Mart Stores, Inc., and stated that he and his company (Pan American Engineers) served as civil engineering consultant for Wal-Mart in their preliminary planning, zoning approvals, and in efforts to see the plans approved and a contract let. Mr. David asked for the Police Jury's approval of the rezoning request so that the project could move to the next step.
Mr. Breaux asked if Wal-Mart planned to hire at least a 70% local union workforce, to which Mr. David responded that his responsibility ended when the plans were approved, and the project was then sent to Wal-Mart. He advised that he would have to refer any specific questions concerning Mr. Breaux's question to Wal-Mart's Community Specialist, but he pointed out that what Wal-Mart typically did was they had approximately five general contractors on their list to which plans were sent, as well as to the local Association of General Contractors, and these general contractors would begin to get sub-contractor prices on all phases of the job. Mr. David stated that the general contractors usually tried to hunt for the lowest prices from the sub-contractors, and if there was union involvement in the process, he did not know. He further stated that he had never had any experience with this particular matter and would not have authority to speak on same.
Mr. Breaux asked if there was somewhere the local unions could call to get information, and Mr. David stated that he would find out the name and number of Wal-Mart's Community Specialist who handled these types of matters, and forward this information to President Griffin, for those jurors who had questions about employment opportunities.
Mr. McMillin reiterated Mr. Breaux's concerns and stated that the local labor unions needed the work and while he was thrilled about Wal-Mart locating in Ward One, the unions were very important to Southwest Louisiana. He further stated that using union labor would be a tremendous asset to local workers, and he asked that Wal-Mart do everything it could on their behalf.
Mr. Landry pointed out a recent problem involving the hiring of illegal aliens which had occurred during construction of the Wal-Mart Superstore on Nelson Road in Lake Charles, and he asked that someone contact him with reference to Wal-Mart's plans to rectify this problem.
Mr. David stated that when he heard of the problem through reports in the newspaper, he was very disappointed and immediately called his supervisor who was as disappointed as he was, because this was not the kind of image they were trying to portray and not what the company was about. Mr. David further stated that he did not know what had been done about the problem, but he would try to find the answer for Mr. Landry.
Mr. Landry pointed out that he realized that a general contractor had a responsibility to try and get the work done as inexpensively as possible, but it was his opinion that if subcontractors were caught doing something such as this, they should not be allowed to work for Wal-Mart anymore.
Mr. David reiterated his disappointment in this matter and stated that this was not the kind of media attention they wanted or needed in the community.
Mrs. August stated that she was very happy for the Moss Bluff area in getting this new shopping facility, but she asked Mr. David to stress the importance of Wal-Mart adhering to the stipulations recommended by the Planning and Zoning Board. She pointed out that complaints had been received by the Lake Charles City Council with reference to construction of the Wal-Mart store on Nelson Road, and she hoped that Wal-Mart would avoid citizen complaints being directed to the Police Jury because of a failure to adhere to the stipulations, to which Mr. David agreed.
Mr. Moon advised that there was a drainage problem which was brought to light by residents of Chateau Circle located behind the Wal-Mart on Nelson Road, and Mr. David stated that he was intimately familiar with said problem. He further stated that their position was that covering the ditch in this subdivision had never been part of the deal, but because the community felt that it was and after dealing with the Lake Charles Planning and Zoning Staff, Wal-Mart approved a plan change costing approximately $60,000 to cover the ditch. Mr. David reiterated that this had not been part of the "original deal", but because the previous developer of the property had implied that it was, and because Wal-Mart wanted to leave the community with a "good taste", they agreed to cover the ditch.
Mr. Manuel complimented Mr. Vickers, his staff, the Public Works Department, and Mr. David for their efforts in negotiating the request for rezoning. He advised that there had been some concerns on the part of citizens in Moss Bluff, but those had been addressed, and he felt a lot had been learned from the construction of the Wal-Mart store on Nelson Road. Mr. Manuel stated that he was looking forward to having a Wal-Mart Superstore in the Moss Bluff/Ward One area, and he felt sure Wal-Mart would be a good neighbor in the community. He then asked for the support of his fellow jurors in the rezoning of the property in question and offered a motion, which was duly seconded by Mr. McMillin and carried unanimously, that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-028-00 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. 4244
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Rhonda Hall to
rezone from R-MHP (Manufactured Home Park) and A-1 (Agricultural) to C-3 (Central Business Commercial) to allow retail development on the property described as:
Com at the SW cor of S33, T8N, R8W, th proceed N 01 degs 04' 26" E, bearing assumed, along the western boundary line of said Section 33, a distance of 413.46
feet to a point located on the northeastern ROW line of U.S. Highway 171, said point being the POINT OF BEGINNING of the tract to be described; th continue N
01 degs 04' 26" E, along said western boundary line of Section 33, departing said northeastern ROW line of U.S. Highway 171, a distance of 993.74 feet to a point
marking the NW cor of the described tract; th turn right and proceed S 89 degs 23' 53" E, departing said western boundary line of Section 33, a distance of
700.00 feet to a point marking the NE cor of the described tract; th turn right and proceed S 01 degs 04' 26" W, a distance of 1377.20 feet to a point marking the
SE cor of the described tract, said point being located on the northern ROW line of You Winn Road. Th turn right and proceed N 89 degs 23' 53" W, along said
northern ROW line of You Winn Road, a distance of 500.74 feet to a point located on the northeastern ROW line of U. S. Highway 171; th turn right and proceed N
26 degs 29' 01" E, along said northeastern ROW line of U. S. Highway 171 a distance of 430.68 feet to the POB.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of January, 2001, 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 R-MHP (Manufactured Home Park) and A-1 (Agricultural) to C-3 (Central Business Commercial) to allow retail development with the following stipulations: 1)
that the site plan adhere to the one submitted and approved by the Division of Planning and Development; 2) that the ingress and egress to outparcels are restricted
to interior drives only (no direct access to You Winn Road); 3) that Wal-Mart will incur costs for signalization and all improvements of You Winn Road; 4) that all
parish road improvements must be approved by the Division of Engineering and Public Works; 5) that a fifteen (15) foot buffer area along the north and east
property lines must be maintained as a green space (only allow fence, fire hydrants, sprinklers and irrigation systems, and buried utilities; 6) that a six-foot board
fence must be erected along the north and east property lines; and 7) that the application adhere to the Application and Supporting Documentation for "Wal-Mart
Application for Rezoning," which is on file with the Division of Planning and Development, on the property described as: Com at the SW cor of S33, T8N, R8W, th
proceed N 01 degs 04' 26" E, bearing assumed, along the western boundary line of said Section 33, a distance of 413.46 feet to a point located on the northeastern
ROW line of U.S. Highway 171, said point being the POINT OF BEGINNING of the tract to be described; th continue N 01 degs 04' 26" E, along said western
boundary line of Section 33, departing said northeastern ROW line of U.S. Highway 171, a distance of 993.74 feet to a point marking the NW cor of the described
tract; th turn right and proceed S 89 degs 23' 53" E, departing said western boundary line of Section 33, a distance of 700.00 feet to a point marking the NE cor
of the described tract; th turn right and proceed S 01 degs 04' 26" W, a distance of 1377.20 feet to a point marking the SE cor of the described tract, said point
being located on the northern ROW line of You Winn Road. Th turn right and proceed N 89 degs 23' 53" W, along said northern ROW line of You Winn Road, a
distance of 500.74 feet to a point located on the northeastern ROW line of U. S. Highway 171; th turn right and proceed N 26 degs 29' 01" E, along said
northeastern ROW line of U. S. Highway 171 a distance of 430.68 feet to the POB.
Zoning Case RZ01-028-00
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/ Elizabeth Conway Griffin, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
* * * * * * * * * * * *
President Griffin advised that no action was necessary 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, due to the fact that the applicant had withdrawn his application for said rezoning. (It was noted that the Planning and Zoning Board had met on November 14, 2000, and on December 19, 2000, and each time deferred action for thirty days, and further, that the Police Jury had met on November 16, 2000, and on December 21, 2000, and each time also deferred action for thirty days.)
Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Breaux and carried unanimously, the following resolution was adopted:
RESOLUTION
WHEREAS, notification has been received that application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and application for
a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Duke Parker, Jr. to clear, grade, and fill a 61-acre
tract for a mobile home development and two house lots. The project site has been classified as approximately 51% wetlands. The fill operation will consist of the
deposition of approximately 2,380 cubic yards of hauled material in wetland areas. Said project is located in Section 28, Township 9 South, Range 10 West, near
Sulphur, Louisiana, in Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Duke Parker, Jr. 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 18th day of January, 2001, that it does
hereby indicate no objection to the proposal of Duke Parker, Jr. to clear, grade, and fill a 61-acre tract for a mobile home development and two house lots. The
project site has been classified as approximately 51% wetlands. The fill operation will consist of the deposition of approximately 2,380 cubic yards of hauled
material in wetland areas. Said project is located in Section 28, Township 9 South, Range 10 West, near Sulphur, Louisiana, in Calcasieu Parish.
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.
THUS PASSED AND ADOPTED on the date above inscribed.
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It was moved by Mr. Andrepont, seconded by Mr. Breaux and carried unanimously to defer action relative to adoption of a resolution indicating objection/no objection to the proposal of Texas Timberjack and Union Pacific Railroad to develop a rail yard in Sections 35 and 36, Township 9 South, Range 11 West of Calcasieu Parish due to the fact that the property was not currently zoned appropriately, and the drainage relocation would need approval of Gravity Drainage District No. Five of Ward Four.
Motion was made by Mr. Derbonne, seconded by Mrs. Treme and carried unanimously to approve the General Insurance Committee Report dated January 18, 2001, and the recommendation contained therein as follows:
GENERAL INSURANCE COMMITTEE REPORT
January 18, 2001
A meeting of the General Insurance Committee was held at 4:45 p.m. on Thursday, January 18, 2001, in the Police Jury Meeting Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Enos Derbonne, Chairman, presiding and the following members present:
Mr. Francis Andrepont, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Hal McMillin, and Mrs. Elizabeth Conway Griffin, Ex-Officio
Absent: None
Also present were Mr. S. Mark McMurry, Mrs. Coleen Clark, Mr. Bryan Beam, Mr. Jerry Milner, and Mr. Richard Gremillion.
Said Committee:
There being no further business, Chairman Derbonne declared the meeting to be adjourned.
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Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Manuel 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 18th day of January, 2001, that it does
hereby approve the correction of the legal description in a Cooperative Agreement/Conveyance between the Police Jury and Crown Point Cemetery Association with
reference to the transfer of property which consisted of a cemetery adjacent to Holbrook Park in Ward Six.
BE IT FURTHER RESOLVED that the appropriate correction document be filed in the Calcasieu Parish Clerk of Court's Office.
THUS DONE AND PASSED on the date above inscribed.
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It was moved by Mr. Andrepont, seconded by Mrs. Treme 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 18th day of January, 2001, that it does
hereby authorize the Workforce Investment Board to apply for a Regional Youth Development Planning Grant through the Louisiana Workforce Commission's Youth
Policy Network, which will help regions collaborate and engage stakeholders to build a youth system that provides a range of options and opportunities for the
positive development of Louisiana youth, in order to achieve and impact the vision, guiding principles and system indicators proposed in Louisiana's Youth Development
initiative.
BE IT FURTHER RESOLVED that the President of the Police Jury is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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Motion was made by Mr. Manuel, seconded by Mrs. August and carried unanimously to authorize the Parish Administrator to advertise for bids for Calcasieu Parish Project No. 2001-02 (Ward One - Abshire Street, Bertrand Avenue, Carolyn Drive, Clifford Road, East Laura Drive, Goos Road, Hillary Drive, Jones Road, Miller Street, Ribbeck Avenue, Theriot Road, Verna Lane, Vickie Lane, Vines Road, and West Laura Drive.)
Upon motion made by Mrs. August, which was duly seconded by Mr. Collins and carried unanimously, the following resolution was adopted: (It was noted that with
respect to the following resolution, the Sheriff's Department had agreed to pay $6,010.40 for labor, material and fuel costs.)
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of January, 2001, that it does
hereby approve a Joint Services Agreement between the Police Jury and the Calcasieu Parish Sheriff's Department to haul and spread limestone and clean ditches
on Prison Farm Road and perform foundation dirt work for construction of a foundation pad for a barn on the Sheriff's Department property.
BE IT FURTHER RESOLVED that the President of the Police Jury is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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It was moved by Mrs. August, seconded by Mr. Collins and carried unanimously that Calcasieu Parish Project No. 2000-12 (Ditch Maintenance and Drainage Improvement Project) be accepted as being substantially complete.
Motion was made by Mrs. August, seconded by Mr. McMillin and carried unanimously to authorize the Parish Administrator to advertise for bids for purchase of one new 2001 four-door, mid-size sedan, for use by the Human Resources Department, in accordance with the FY 2001 Budget.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the rules were suspended by a two-thirds majority vote, and the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of January, 2001, that it does
hereby approve a request by Waterworks District No. One of Ward One to allow a reallocation of riverboat funds from one approved project in the Special Service
District grant program (extension of water lines along Campfire Road) to two other approved projects in the Special Projects By Ward grant program (extension of
water lines along Telephone and Morrow Roads) with the total amount of funds remaining unchanged.
THUS DONE AND PASSED on the date above inscribed.
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President Griffin advised that a letter had been received from the State of Louisiana, Department of Transportation and Development, with reference to the Police Jury's request that the State provide a planting strip a minimum of two feet in width between the curb and sidewalk on the east side of Nelson Road, from I-210 to Country Club Road. President Griffin further advised that the letter from DOTD stated that (1) the six-foot sidewalk called for on the plans would have to be reduced to a four-foot sidewalk to accommodate this planting strip behind the curb; (2) any vegetation planted there would have to be maintained by either the City of Lake Charles or Parish maintenance forces, and the letter asked for a resolution stipulating that the maintenance would be the responsibility of these respective bodies; (3) based on past experience, leaving a two-foot strip presented problems for maintenance purposes because during summer months, it was very hard to keep any plants productive due to extreme heat, not only from the roadway but from the sidewalk also, and lack of appreciable moisture tended to lead to unsightly vegetation unless preventative measures were taken to help the situation; and (4) any hedges planted would have to be controlled in height, measured from top of curb, due to sight distance for incoming traffic onto the highway. President Griffin also advised that the letter from DOTD asked for a final recommendation from the Parish as soon as possible so that construction plans could be revised to incorporate the request.
It was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously to go into executive session to discuss Lawsuit No. 99-5326 (Crawford vs. Police Jury) and Lawsuit No. 2001-000052 (Wilson vs. Police Jury).
Following the executive session, the Police Jury reconvened in regular session, and motion was made by Mr. Derbonne, seconded by Mr. Breaux and carried unanimously to approve the report given by legal counsel during the executive session and to adopt the following resolution:
RESOLUTION
A RESOLUTION providing for the employment of special counsel to handle the representation of the Calcasieu Parish Police Jury in evaluation, preparation,
handling hearing(s) and/or defense of its staff, officials, employees, and/or members, relative to their liabilities, responsibilities, and general advice with
consultation(s) relative to said Police Jury and its employee(s); to provide for the payment of the fee of said special counsel and to provide for approval thereof by
the Attorney General of the State of Louisiana.
WHEREAS, the Calcasieu Parish Police Jury is self-insured on workers compensation claims and liability insurance claims; and
WHEREAS, the Police Jury believes that it is in the best interest of this Jury and the public, and that a necessity exists therefor, to employ special counsel to work in connection with the evaluation, preparation, and specific or general defense of its employees, staff, and Jury members, to include, but not be limited to, court appearances and/or general legal services, including but not limited to, defense of certain 14th Judicial District Court civil suits.
NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of January,
2001, that it does hereby authorize employment of special counsel to work contemporaneously with the Police Jury's legal counsel to handle the representation of
the Police Jury relative to the defense of the lawsuit entitled:
Mary Wilson vs. Calcasieu Parish Police Jury and Jefferson Davis Parish Police Jury Suit No.: 2001-000052
BE IT FURTHER RESOLVED that the Police Jury's Legal Counsel is authorized to retain the services of Mr. Fred Cappel of the firm of Raggio, Cappel, Chozen and
Berniard, attorneys at law, at a rate of not more than One Hundred and Fifteen Dollars ($115.00) per hour for legal services, and payment of the fee of said counsel
is hereby authorized.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Attorney General of the State of Louisiana for approval of same.
BE IT FURTHER RESOLVED that this resolution shall be spread upon the minutes of the Police Jury and published in the official journal in accordance with
L.S.A.-R.S. 42:263.
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There being no further business, President Griffin declared the meeting to be adjourned.
Elizabeth Conway Griffin, President
S. Mark McMurry, Administrator &
Ex-Officio Secretary