Lake Charles, Louisiana
April 19, 2001
The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, April 19, 2001, in the Police Jury Room on the first floor of the Parish Government Building, 1015 Pithon Street, 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, Mike Danahay, Enos Derbonne, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornelius "Cornie" Moon.
Absent: Mr. Calvin Collins (ill)
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant to the Administrator; Mrs. Coleen Clark, Executive Secretary; Ms. Kathy P. Criglow, Recording Secretary; Mr. Richard Gremillion, Director of Emergency Preparedness; Ms. Cheryl Heisser, Director of Human Resources; Mr. Andy Johnson of Plauche, Smith, and Nieset, Legal Counsel; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; 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 Pastor Betty Gasaway of Christians of Eternal Faith Church, which was followed by the Pledge of Allegiance led by Mr. Danahay. The roll was called with the result being as outlined above.
President Griffin announced 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 the Renovation and Additions to the Calcasieu Parish Health Unit in Lake Charles.
Mr. McMurry then proceeded to open the following bids:
Base Bid Alternate No. One
Bessette Development $3,911,000.00 $91,000.00
F. Miller and Sons, Inc. $3,900,000.00 $92,000.00
J. B. Mouton and Sons, Inc. $4,127,200.00 $89,158.00
Lewing Construction Company, Inc. $3,889,000.00 $95,300.00
Miller and Associates Development
Company, Inc. $3,849,000.00 $90,000.00
Picheloup Construction Company, Inc. $3,945,000.00 $96,888.00
Rudick Company, Inc. $4,079,000.00 $85,216.00
While opening the above referred to bids, Mr. McMurry advised that a letter was attached to the bid of J. B. Mouton & Sons, Inc. asking that said bid in the original amount of $4,134,700.00 be decreased by the amount of $7,500.00 for a total bid of $4,127,200.00.
There being no other bids for this project, motion was made by Mr. Andrepont, seconded by Mr. Breaux and carried unanimously that action on the bids be deferred until the Regular Meeting on May 3, 2001, and that said bids be forwarded to the project architect and staff for final tabulation.
Mr. Derbonne was granted a point of personal privilege to publicly thank the secretaries who worked for the Police Jury and to remind his colleagues that the following week (April 23rd through April 27th) was National Secretaries Week.
A trophy was presented at this time by Dr. Mackey to the coaches and players of the McNeese State University Cowboys Basketball Team, winners of the Southland Conference. Individual framed certificates were presented as follows:
The Calcasieu Parish Police Jury
Congratulates & Salutes
Ron Everhart, Head Coach
McNeese State University Basketball Team
for winning Southland Conference Coach of the Year honors and
guiding the McNeese State Cowboys Basketball Team to a 20 - 7 season,
a 17 - 3 Southland Conference record, and the school's
first outright conference title since 1975.
Presented on this, the 19th day of April, 2001.
/s/ Charles S. Mackey, D.D.S., District 5 /s/ Elizabeth Conway Griffin, President
Calcasieu Parish Police Jury Calcasieu Parish Police Jury
* * * * * * * * * * * *
The Calcasieu Parish Police Jury
Congratulates & Salutes
Demond Mallett
McNeese State University Basketball Team
for winning the Southland Conference Men's Basketball Player of the Year Award and for making the all-SLC team for the third time.
Presented on this, the 19th day of April, 2001.
/s/ Charles S. Mackey, D.D.S., District 5 /s/ Elizabeth Conway Griffin, President
Calcasieu Parish Police Jury Calcasieu Parish Police Jury
* * * * * * * * * * * *
The Calcasieu Parish Police Jury
Congratulates & Salutes
Tierre Brown
McNeese State University Basketball Team
for being second in scoring in the Southland Conference Men's Basketball League and for making the all-SLC team for the second time.
Presented on this, the 19th day of April, 2001.
/s/ Charles S. Mackey, D.D.S., District 5 /s/ Elizabeth Conway Griffin, President
Calcasieu Parish Police Jury Calcasieu Parish Police Jury
* * * * * * * * * * * *
The coaches and team members expressed their appreciation for the recognition and support shown by the Police Jury and citizens.
President Griffin advised that no action was needed on applications for liquor and beer permits due to the fact that none had been submitted.
Motion was made by Dr. Mackey, seconded by Mrs. August and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated March 22, 2001, be approved and that the reading of same be dispensed with.
President Griffin advised that action was needed on Zoning Case RZ04-011-01 which was a request by Albert Andrepont to rezone from R-1 (Single Family Residential) to R-M (Multi-Family Residential) to allow a 128-unit apartment complex on South Beglis Parkway in Ward Four, Police Jury District 12. She further advised that the Planning and Zoning Board had met on Tuesday, August 17, 2001, and voted 8 (against) and 3 (for) to recommend that the request be denied. The staff recommendations were to grant the request with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that all drives and parking must be hardsurfaced (concrete or asphalt); (3) that a centralized United States Postal approved mail receptacle be provided; (4) that a six-foot (6') wooden fence be erected along the north, south, and east property lines; and (5) that petitioner must obtain a driveway permit from the Louisiana Department of Transportation and Development.
Mr. Vickers advised that this proposal had been acted on by the Planning and Zoning Board in September of 1999 and by the Police Jury in November of 1999, and the request was very similar. He explained that it involved the same acreage (approximately 7.5 acres) which was currently zoned R-1 (Single Family Residential) immediately south of the Khoury property which was recently rezoned for a truck stop. Mr. Vickers also explained that the density of the proposed apartment complex had changed slightly - from 120 to 128 units - and that the plans submitted to his office were much more detailed than the plans for the former complex. Mr. Vickers stated that it was his understanding that many of the jurors had been presented a booklet which outlined the proposal, and there were numerous letters from utility companies in terms of providing sewer, water, fire protection, etc. Mr. Vickers also stated that as in the past, the staff's recommendation had been to approve the request to rezone.
Motion was made by Mr. Breaux and seconded by Mrs. August to overturn the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-011-01 and to grant the request to rezone with the staff's recommendations included as stipulations to the rezoning, and further, to grant a waiver to the applicant so that his request for a variance could be resubmitted to the Planning and Zoning Board.
Mrs. August stated that she had gone through a similar situation in her district, and she had talked with attorneys representing the Department of Housing and Urban Development (HUD) in Washington, D.C. She further stated that because of the Police Jury's past inconsistencies with regard to this zoning request, the Parish could again be under investigation. Mrs. August pointed out that the Parish received a lot of federal funds for such programs as Juvenile Justice Services, Mosquito Control, Office of Community Services, and the Health Unit, and that a major amount of said funds originated with HUD. Mrs. August further stated that HUD did not investigate "at the drop of a hat," and the HUD attorney with whom she had spoken about the problems in her district had advised that more cases were lost because of the "Not in My Back Yard" syndrome. Mrs. August stated that it was not definite that the Parish would lose in such a lawsuit, but if it did have to go into litigation, she felt it would be a "lose-lose" situation because of the expense for legal representation, possible monetary settlements, and unnecessary paperwork on the staff's part.
Mr. Manuel stated that he would like to hear from both sides (the opponents and the proponents) before making a decision.
Dr. Mackey asked for a clarification of the motion on the floor, and Mr. Breaux confirmed that his motion included the staff's recommendations as stipulations to the zoning case.
President Griffin stated that each side would be granted fifteen minutes each to make their presentations to the Police Jury.
Mr. William Tucker, 3023 Saratoga Drive, Baton Rouge, appeared before the Police Jury and stated that the proposed complex offered an impressive list of amenities including a swimming pool, an educational building, etc., and he believed that it would be the best apartment complex in the Sulphur area. Mr. Tucker pointed out that the proposal had been reviewed by the Planning staff regarding all issues necessary for its approval such as traffic, drainage, sewer, access to public utilities, police and fire protection, etc., and the development had been approved by the staff as proposed. Mr. Tucker advised that the complex would be occupied by people whose income was not more than 60% of the median income for the Parish which would include office workers, teachers, policemen, etc., and the development group was made up of experienced professionals, both black and white.
Mr. Tucker pointed out that at one of the meetings, one of the public officials had asked why this particular site was chosen, and he stated that the developers believed it to be an excellent site, both short and long-term, for the reasons they had already stated. Mr. Tucker advised that the engineer and architect for the project were present at the meeting if the jurors had any questions, but he felt that all questions had been answered. He further advised that there were only two issues which had come up at the Planning and Zoning Board meeting; those being (1) how would children living in the complex get to neighboring schools, and (2) could a better ingress/egress be provided to and from the complex. Mr. Tucker referred to a copy of a letter written by Mr. Andy Ardoin, Route Supervisor of School Bus Transportation for the Calcasieu Parish School System, which stated that "Peppermill Apartments would fall within the current eligibility range for school bus transportation to R. W. Vincent Elementary, W. W. Lewis Middle, and Sulphur High Schools." With regard to the second issue, Mr. Tucker stated that the developers had made changes which would provide adequate ingress/egress to the apartment complex.
Mr. Tucker stated that a question had also been raised at the Planning and Zoning Board regarding his former membership as a commissioner on the Louisiana Housing Finance Agency (LHFA) and a possible conflict of interest relating to his affiliation with the Peppermill development group, and he distributed copies of a letter dated September 24, 1999, from Maris LeBlanc McCrory of the Louisiana Board of Ethics, as well as a letter dated February 24, 2000, from Kathleen M. Allen of the Louisiana Board of Ethics, indicating that no violation of the Code of Governmental Ethics had occurred.
President Griffin recognized Mr. Wayne Mouhot as having requested to appear before the Police Jury, and Mr. Mouhot asked that the applicant, Mr. Albert Andrepont, be given an opportunity to speak. Mr. Andrepont advised that he and Mr. Kenny Phipps owned the subject property and stated that it was a perfect area for the complex. He pointed out that one of the opponents had recently bought 30 acres adjacent to his property in an effort to keep the property commercial, but it was his opinion that when property was rezoned for an apartment complex, it was almost commercial, because a lot of apartment complexes were located along commercial areas such as on Nelson Road in Ward Three. Mr. Andrepont also pointed out that there were two other apartment complexes on Beglis Parkway, so it must be a good area for such use.
Mr. (Albert) Andrepont stated that at the Planning and Zoning Board, the opponents had attacked Mr. Tucker's character so badly that it was almost ridiculous. He pointed out that Mr. Tucker had been featured in the November 22, 1999, edition of "The Greater Baton Rouge Business Report" and asked that Mr. Tucker be treated the same way as other developers had been treated, i.e., Mr. Joe Palermo. Mr. Andrepont also stated that he did not believe Mr. Tucker and his firm was going to go in and spend $5 million on an apartment complex and then just leave it and let it get run down, as the opposition had said at the Planning and Zoning Board meeting. Mr. Andrepont further stated that comments had been made at said meeting that Mr. Tucker did not live in Sulphur; however, he (Mr. Andrepont) owned a complex in Sulphur and lived in Lake Charles. Mr. Andrepont asked the Police Jury to stop anybody from talking at the meeting on this date who attempted to attack Mr. Tucker's character.
President Griffin recognized Mr. Will Belton who asked that the remainder of the proponent's allotted fifteen minutes be reserved until after comments were received from the opposition, to which President Griffin agreed.
Before hearing comments from the opposition, President Griffin recognized Mr. LaSalle Williams, 510 Pattie Moss Road in Sulphur, who stated that he was a member of the Planning and Zoning Board and was happy to have an opportunity to address the Police Jury, but he was sad about the way the Planning and Zoning Board had voted on this issue. Mr. Williams explained that he had voted for the rezoning but had mixed emotions because of the number of telephone calls from residents in that area. Mr. Williams stated that as a formal school principal, he had been concerned about getting the children who lived in the complex back and forth to school, but his questions had been answered with the letter from the Calcasieu Parish School Board as referenced earlier.
Mr. Williams stated that one thing that had struck him most was the statements made by the opponents in reference to the developers only wanting to make money. He pointed out that America was a capitalistic country, and he felt that the goal of everyone in business was to make money, regardless of who they were, and as long as they offered goods or services that were needed, they should be supported in their efforts. Mr. Williams also stated that the comment had been made at the Planning and Zoning Board meeting that if the proposal was anybody else's, it would be alright, but "not this group." Mr. Williams closed his comments by urging the Police Jury to seriously consider the issues before making a decision, because he felt there had been some misinformation, and if he had to vote again on the issue, he would vote the same way (in favor of the rezoning and the development of the property as an apartment complex).
President Griffin advised that the Police Jury would now hear from the opposition and recognized Mr. Glen James of 1523 Cypress Street, Sulphur. Mr. James stated that he was one of the co-owners of 32 acres located immediately south of the subject property. He called attention to the map attached to the agenda which showed a commercial corridor on both sides of Beglis Parkway starting at Interstate-10 going south. Mr. James pointed out that the west side of Beglis Parkway was completely zoned commercial and so was the east side, with the exception of the subject tract, and it seemed to him that from a purely planning standpoint, it would be a mistake to place a high-density residential complex in what was an already established commercial corridor.
Mr. Michael Wright appeared before the Police Jury and stated that he resided at 3505 Lake Street but owned a home at 815 Kingswood, Sulphur. Mr. Wright pointed out that the Planning and Zoning Board had voted eight to three against the request to rezone, and nine to two against the request for a variance, which was not a close vote on either request. He stated that the project was the same as before, a tax-credit funded project, the money for which was coming from a California lender who was required to own 99% of said project. Mr. Wright stated that he had known Mr. Andrepont since high school, and if Mr. Andrepont wanted to build an apartment complex, he would be agreeable to it, but not Sun America (the California lending company).
Mr. Wright questioned whether the apartment complex was really needed, since a survey had shown vacancies at other apartment complexes in the area, and alluded to funding problems Mr. Will Belton (one of the partners in the company trying to develop the proposed apartment complex) was having with a complex called Pecan Acres in the Lake Charles area. Mr. Wright stated that 55 apartments was considered normal density in a complex such as the one being discussed. He also stated that from what he had seen of the census figures, the population of Calcasieu Parish had remained "pretty much static," and there were not many complexes being built in Sulphur.
Mr. Wright further stated that when the Parish enacted comprehensive zoning, it made a covenant with the citizens that property would only be rezoned for a good cause, and he questioned what that cause would be in the case of the proposed apartment complex. He stated it was not for the good of public health, public safety, or the general welfare of the Parish. Mr. Wright also stated that he was all for people making money, but not at someone else's expense. He stated that the fundamental question was "is this for the community or for the private interests of the property owner," and he had no doubt about the answer to said question. Mr. Wright stated that what was being discussed was also called spot zoning, and he questioned why the developers did not choose a piece of property that was already properly zoned if the idea was such a good one.
Mr. Leon Zeringue of 3101 Queen Circle, Sulphur, appeared before the Police Jury and advised that around 1994, the Louisiana Department of Transportation and Development had performed a traffic survey on Beglis Parkway, and the traffic flow at that time had been determined to be almost 16,000 vehicles per day. He further advised that since that time, Westlake Polymers had been built to the south, and Beglis Parkway carried 80 - 90% of the traffic that went from Interstate-10 to Westlake Polymers, as well as other industrial development to the south. Mr. Zeringue estimated the current traffic count on Beglis Parkway to be approximately 20,000 vehicles. He also pointed out that on said highway in front of where the apartment complex was proposed to be was a point where the highway converged from four lanes to two lanes. Mr. Zeringue stated that he had traveled Beglis Parkway for the past 13 years, and he knew that the traffic had definitely increased. He stated that the developers had responded to a degree by getting a wider turn lane for people going in and out of the complex, but the traffic problems would remain an issue for the taxpayers to have to deal with. Mr. Zeringue predicted that there would be lots of accidents, pointing out that the intersection to the north of the proposed complex had the most frequent accidents of any intersection in Sulphur, and it was the busiest thoroughfare except for Interstate-10. Mr. Zeringue also stated that one thing highly valued and appreciated by the citizens was the zoning structure which helped to maintain the quality of neighborhoods and the value of homes. He further stated that he did not think the Police Jury should lightly change the zoning and compromise the covenant of zoning for the primary purpose of people making "a bunch of money." Mr. Zeringue stated that he did not see a need to stack 128 families on a 7.2 acre piece of property - not in Sulphur or in Calcasieu Parish - in order to provide affordable housing.
Mr. Thomas Unsworth, 3205 Queen Circle, Sulphur, appeared before the Police Jury and stated his concern for the children who would be living in the proposed complex due to the fact that there were no improvements on the south side of Beglis Parkway and in order for them to get to school or the library, they would have to cross over Beglis Parkway where no facility for doing so existed. Mr. Unsworth further stated that the playground for the proposed complex was about the size of the Police Jury meeting room, and the swimming pool was a residential-sized pool. Mr. Unsworth also questioned the need for double density dwelling in this particular area and pointed out that Sun America had been in trouble in other areas for not "maintaining the faith." He asked the jurors to look more closely at Sun America before making a decision on this matter.
President Griffin pointed out that the time allotted for hearing comments from the opposition had elapsed, and she advised that the proponents had six minutes left to present their views.
Mr. Will Belton, 2749 Guinn Street, Lake Charles, appeared before the Police Jury and referenced the comments made earlier in the meeting concerning the development of Pecan Acres apartment complex in south Lake Charles by saying that construction had begun in January of 2001. Mr. Belton pointed out that the Police Jury had recently rezoned property just next door to the subject property in order to allow a video poker establishment, and no one had shown up at the Police Jury meeting to object to said rezoning. He further stated that the Police Jury had also rezoned a piece of property that would be developed as a subdivision in this area, and he did not understand the opposition against his group or the reason for the opposition.
Mr. Tucker again appeared before the Police Jury and stated that he felt his company had met the test in terms of the Parish's ordinance and had worked very closely with Mr. Vickers' staff to make sure the issues they faced were the same as those faced by other developers. Mr. Tucker stated that mention had been made of making money, but his company would not make as much money as the developers of the video poker establishment would. Mr. Tucker also stated that his company was offering 128 families a chance for a better life than they would have otherwise and asked the jurors to allow his company to provide quality affordable housing for these families.
Mr. Landry asked for clarification on the Pecan Acres apartment complex matter and questioned whether it had been planned to be developed in stages, to which Mr. Belton responded that it had not been by design that the development was at the point it was, but was due to "development challenges," and it was anticipated to be complete by December 31, 2001.
Mr. Clement stated that he had a problem with the rezoning request because of the double density of the apartment complex. He further stated that there was a big difference between the incorporated and the unincorporated areas of the Parish, particularly as it related to services rendered. Mr. Clement also stated that parish ordinances were in place for a good reason, and if the developers were to come back to the Police Jury with a proposal for a project of less density, he would look at that.
Mr. Tucker stated that his company shared Mr. Clement's concern and what they had done was survey the market, and the studies had indicated a need. He also stated that he had a list of apartment complexes that would be competitors to the subject apartment complex, and the majority of them had 18 units per acre as opposed to 16 units per acre, the latter being his company's proposal. Mr. Tucker explained that they had not planned for 18 units per acre, because they wanted a lot of green space, activity buildings, etc., in order to provide a meaningful environment for the residents. He also stated that his complex was of a lower density than the market required.
Mr. Clement asked if the majority of the complexes on Mr. Tucker's list were located in the incorporated areas, to which Mr. Tucker responded affirmatively, pointing out that those in Sulphur had a higher level of density than that proposed for the subject complex, and he further stated that within two miles of the subject complex was a complex with a higher level of density.
At this time President Griffin relinquished the chair to Vice-President Moon, and he then assumed the chair.
President Griffin stated that this was not the first time this particular issue had come before the Police Jury, and she had been saddened by some of the reasons given as to why the proposed complex should not be built in the area chosen by the developers. She further stated that she was appalled at some of the letters and faxes she had received stating reasons why the complex should not be built. President Griffin stated that those living in America all deserved the right to have a decent living, particularly those who were not as fortunate as others. She also stated that comments had been made about complexes of this nature bringing in problems with drugs and crime, but she did not believe this to be true, and people on fixed incomes who lived in complexes such as the one proposed did not all represent drugs nor did they all represent crime. President Griffin further stated that she was saddened that those in Calcasieu Parish who were blessed with an honest living and good income did not have compassion for those without such blessings.
President Griffin stated that the developer (Peppermill Partnership) of the proposed complex had complied with everything that was required. She further stated that the Police Jury hired some of the best and most intelligent people in the State to do planning, and the staff had agreed that the complex should be built. President Griffin stated that she personally depended on the Planning staff to make good sound recommendations on which to base decisions, and she asked her colleagues to do the same. President Griffin closed by saying that the right thing to do would be to grant the request to rezone.
President Griffin then reassumed the chair.
Mr. Breaux read aloud the letter received from the Calcasieu Parish School Board which stated that "if situated at the proposed location across Beglis Parkway from the Kingswood Subdivision, Peppermill Apartments would fall within the current eligibility range for school bus transportation to R. W. Vincent Elementary, W. W. Lewis Middle, and Sulphur High Schools."
Following clarification of the motion on the floor (which was to overturn the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-011-01 and to grant the request to rezone with the staff's recommendations included as stipulations to the rezoning, and further, to grant a waiver to the applicant so that his request for a variance could be resubmitted to the Planning and Zoning Board), a roll call vote was taken thereon, and the result was as follows:
YEAS: Mr. Andrepont, Mrs. August, Mr. Breaux, Mr. Derbonne, Mr. Landry, Dr. Mackey, Mr. Moon, and President Griffin
NAYS: Mr Clement, Mr. Danahay, Mr. Kleckley, Mr. Manuel, Mr. McMillin, and Mrs. Treme
ABSENT: Mr. Collins
NOT VOTING: None
The vote being eight to six in favor of the motion, President Griffin ruled the motion as having carried; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4266
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Albert Andrepont to rezone from R-1 (Single Family Residential) to R-M (Multi Family Residential) to allow an apartment complex on the property described as: Tract I of Peppermill Ltd Partnership Part I: Com at the SW cor of the NW/4 of the NE/4 of S11, T10S, R10W, Calcasieu Parish, Louisiana and from said POC run thence S 89 degs 02 minutes 44 seconds E (Record East) for a distance of 293.04 feet (Record) to a found ½ inch iron rod on the E right-of-way line of LA Hwy. 3077, (South Beglis Parkway, Arizona Street) and the POB proper; thence along said right-of-way N 04 degs 37 minutes 46 seconds East (Record North 04 degs 36 minutes 34 seconds E) for a distance of 333.49 feet (Record 333.44 feet) to a found ½ inch iron rod; thence leaving the aforementioned right-of-way and run S 88 degs 40 minutes 23 seconds E (Record S 88 degs 40 minutes 13 seconds East) for a distance of 330.48 feet to a set 5/8 inch rod with cap stamped Collins 4390; thence S 01 degs 05 minutes 38 seconds W for a distance of 330.66 feet to set 5/8 inch rod with cap stamped Collins 4390; thence N 89 degs 02 minutes 44 seconds West (Record) for a distance of 351.05 feet to the POB proper containing 113, 054 sq. ft. or 2.595 acres, m/l. Tract II of Peppermill Limited Partnership Part II: Com at the SW cor of the NW/4 of the NE/4 of S11, T10S, R10W, Calcasieu Parish, Louisiana and from said POC run thence S 89 degs 02 minutes 44 seconds E (Record East) for a distance of 293.04 feet (Record) to a found ½ inch iron rod on the E right-of-way line of LA Hwy. 3077, (South Beglis Parkway, Arizona Street); thence continue S 89 degs 02 minutes 44 seconds E for a distance of 351.05 feet to set 5/8 inch rod with cap stamped Collins 4390 and the POB proper; thence N 01 degs 05 minutes 38 seconds E for a distance of 330.66 feet to set 5/8 inch rod with cap stamped Collins 4390; thence S 88 degs 40 minutes 23 seconds E (Record South 88 degs 40 minutes 13 seconds East) for a distance of 343.06 feet to a set 5/8 inch iron rod with cap stamped Collins 4390, thence S 01 degs 05 minutes 38 seconds W for a distance of 328.43 feet to a set 5/8 inch iron rod with cap stamped Collins 4390; thence N 89 degs 02 minutes 44 seconds W (record) along and with an existing barb wire fence for a distance of 343.06 feet to the POB proper containing 113,054 sq. ft. or 2.595 acres, m/l. Tract III of Peppermill Limited Partnership Part III: Com at the SW cor of the NW/4 of the NE/4 of S11, T10S, R10W, Calcasieu Parish, Louisiana and from said POC run thence S 89 degs 02 minutes 44 seconds E (Record East) for a distance of 293.04 feet (Record) to a found ½ inch iron rod on the East right-of-way line of LA Hwy 3077, (South Beglis Parkway, Arizona Street); thence continue S 89 degs 02 minutes 44 seconds E for a distance of 694.11 feet to a set 5/8 inch rod with cap stamped Collins 4390 and the POB proper; thence N 01 degs 05 minutes 38 seconds E for a distance of 328.43 feet to a set 5/8 inch rod with cap stamped Collins 4390; thence S 88 degs 40 minutes 23 seconds East (Record South 88 degs 40 minutes 13 seconds East) for a distance of 345.41 feet to a found 5/8 inch rod in an existing barb wire fence; thence S 01 degs 05 minutes 38 seconds West (Record South 01 degs 04 minutes 23 seconds West) along and with an existing barb wire fence for a distance of 326.19 feet (Record 326.07 feet) to a found axle at an existing fence corner, thence N 89 degs 02 minutes 44 seconds W (Record) along and with an existing barb wire fence for a distance of 345.41 feet to the POB proper containing 113, 054 sq. ft. or 2.595 acres, m/l.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 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 Four of this parish:
From R-1 (Single Family Residential) to R-M (Multi Family Residential) to allow a 128 unit apartment complex with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that all drives and parking areas be hardsurfaced (concrete or asphalt); 3) that a centralized U.S. Postal approved mailbox be provided; 4) that a six-foot (6') wooden fence be erected along the north, south, and east property lines; and 5) that petitioner must obtain a driveway permit from the Louisiana Department of Transportation and Development, on the property described as: Tract I of Peppermill Ltd Partnership Part I: Com at the SW cor of the NW/4 of the NE/4 of S11, T10S, R10W, Calcasieu Parish, Louisiana and from said POC run thence S 89 degs 02 minutes 44 seconds E (Record East) for a distance of 293.04 feet (Record) to a found ½ inch iron rod on the E right-of-way line of LA Hwy. 3077, (South Beglis Parkway, Arizona Street) and the POB proper; thence along said right-of-way N 04 degs 37 minutes 46 seconds East (Record North 04 degs 36 minutes 34 seconds E) for a distance of 333.49 feet (Record 333.44 feet) to a found ½ inch iron rod; thence leaving the aforementioned right-of-way and run S 88 degs 40 minutes 23 seconds E (Record S 88 degs 40 minutes 13 seconds East) for a distance of 330.48 feet to a set 5/8 inch rod with cap stamped Collins 4390; thence S 01 degs 05 minutes 38 seconds W for a distance of 330.66 feet to set 5/8 inch rod with cap stamped Collins 4390; thence N 89 degs 02 minutes 44 seconds West (Record) for a distance of 351.05 feet to the POB proper containing 113, 054 sq. ft. or 2.595 acres, m/l. Tract II of Peppermill Limited Partnership Part II: Com at the SW cor of the NW/4 of the NE/4 of S11, T10S, R10W, Calcasieu Parish, Louisiana and from said POC run thence S 89 degs 02 minutes 44 seconds E (Record East) for a distance of 293.04 feet (Record) to a found ½ inch iron rod on the E right-of-way line of LA Hwy. 3077, (South Beglis Parkway, Arizona Street); thence continue S 89 degs 02 minutes 44 seconds E for a distance of 351.05 feet to set 5/8 inch rod with cap stamped Collins 4390 and the POB proper; thence N 01 degs 05 minutes 38 seconds E for a distance of 330.66 feet to set 5/8 inch rod with cap stamped Collins 4390; thence S 88 degs 40 minutes 23 seconds E (Record South 88 degs 40 minutes 13 seconds East) for a distance of 343.06 feet to a set 5/8 inch iron rod with cap stamped Collins 4390, thence S 01 degs 05 minutes 38 seconds W for a distance of 328.43 feet to a set 5/8 inch iron rod with cap stamped Collins 4390; thence N 89 degs 02 minutes 44 seconds W (record) along and with an existing barb wire fence for a distance of 343.06 feet to the POB proper containing 113,054 sq. ft. or 2.595 acres, m/l. Tract III of Peppermill Limited Partnership Part III: Com at the SW cor of the NW/4 of the NE/4 of S11, T10S, R10W, Calcasieu Parish, Louisiana and from said POC run thence S 89 degs 02 minutes 44 seconds E (Record East) for a distance of 293.04 feet (Record) to a found ½ inch iron rod on the East right-of-way line of LA Hwy 3077, (South Beglis Parkway, Arizona Street); thence continue S 89 degs 02 minutes 44 seconds E for a distance of 694.11 feet to a set 5/8 inch rod with cap stamped Collins 4390 and the POB proper; thence N 01 degs 05 minutes 38 seconds E for a distance of 328.43 feet to a set 5/8 inch rod with cap stamped Collins 4390; thence S 88 degs 40 minutes 23 seconds East (Record South 88 degs 40 minutes 13 seconds East) for a distance of 345.41 feet to a found 5/8 inch rod in an existing barb wire fence; thence S 01 degs 05 minutes 38 seconds West (Record South 01 degs 04 minutes 23 seconds West) along and with an existing barb wire fence for a distance of 326.19 feet (Record 326.07 feet) to a found axle at an existing fence corner, thence N 89 degs 02 minutes 44 seconds W (Record) along and with an existing barb wire fence for a distance of 345.41 feet to the POB proper containing 113, 054 sq. ft. or 2.595 acres, m/l.
Zoning Case RZ04-011-01
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
* * * * * * * * * * * *
Mr. (Francis) Andrepont stated that he felt he owed an explanation concerning his vote on the matter just acted on by the Police Jury. He explained that some time back Mr. Steve Khoury's request was approved to rezone some property contiguous to Mr. (Albert) Andrepont's, and in February Mr. Joe Palermo's request to rezone property was approved, both requests having been for the development of truck stops. Mr. Andrepont further explained that he recalled the vote on the Palermo request to be unanimous and the vote on the Khoury request to be eight (for) to six (against). He stated that he was a little baffled as to why there was no opposition (from the residents of the area) to these requests, but for the record, he wanted to make clear that on the zoning request just acted on, he had not voted for Mr. (Albert) Andrepont or other owners of the property, nor for Peppermill Partnership, but to be consistent with his past vote on rezoning in this area.
Ms. Marilyn Dawdy, a resident of Kingswood Subdivision, asked if she could address the Police Jury. President Griffin stated that normally she would not allow this, but she would in this instance. Ms. Dawdy stated that she felt the police jurors had a very difficult job because people were always getting angry at some of their actions. She further stated that she was not angry, and she thought the jurors had voted with their hearts and with the best knowledge they had of the situation. Ms. Dawdy explained that she had moved across the street from a black person when she moved into Kingswood Subdivision, and she had nothing against people of a different race, nor poor people. She pointed out that she worked 60 to 80 hours a week with the poor, and she saw their sorrow and tears. Ms. Dawdy stated that she had not opposed the rezoning requests pertaining to the truck stops, because she believed that a person who owned property had a right to do what they wanted with said property, but the people who had purchased the subject property had done so knowing how it was zoned. She spoke of her concerns about the danger of children at the apartment complex going next door to the convenience store/truck stop and stated that she hoped the Police Jury had done the right thing by rezoning the property.
President Griffin advised that action was needed on Zoning Case RZ03-014-01 which was a request by K-Jon, Inc. to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to allow a parking lot for a business (K-Jon, Inc.) at the northwest corner of Ange and Opelousas Streets in Ward Three, Police Jury District 2. She further advised that the Planning and Zoning Board had met on Tuesday, August 17, 2001, and voted nine (against) and two (for) to recommend that the request be denied. President Griffin stated that the staff had recommended the following stipulations if the request was granted: (1) that the use be limited to employee vehicle parking and company vehicle parking (trucks and trailers); and (2) should the business cease, the property would automatically revert to R-1.
Mr. Sam Ange, Jr., the applicant, 2315 Lamar Street, Westlake, appeared before the Police Jury and stated that his company had grown and needed additional room for employees to park vehicles, as well as flat bed trucks and trailers, on property catacorner to the existing business. He further stated that he was aware that some of the neighbors did not like the proposal, but he did not intend to "trash up the area" and it would not be used as a junkyard.
Motion was made by Mr. Andrepont and seconded by Mrs. Treme that the recommendation of the Planning and Zoning Board be overturned and that the request to rezone be granted with the stipulations recommended by the staff, as follows: (1) that the use be limited to employee vehicle parking and company vehicle parking (trucks and trailers); and (2) should the business cease, the property would automatically revert to R-1.
Mr. Robert Shelton, 2303 Mill Street, Lake Charles, appeared before the Police Jury and stated that the Planning and Zoning Board had reviewed and denied the request to rezone, and his primary concern was that there was a residence on the west side of this lot within six to ten feet of the proposed parking lot. Mr. Shelton pointed out that the nature of the K-Jon business was the use of vacuum trucks, which were presently parked on the southeast side of the facility and which were used to pick up human waste, and the portable toilets would be parked very near the residence to which he referred. He urged the jurors to think about the health and welfare of the families in this area and not to encroach on a residential area with a commercial lot doing this type of business. Mr. Shelton pointed out that the neighbors had not complained about K-Jon being in their present location, but the rezoning request was an effort to move a little too close to the residences, and he asked the Police Jury to uphold the recommendation of the Planning and Zoning Board and deny the request to rezone.
Mr. Daniel Pierre, Jr., 442 Mitchell Drive, Lake Charles, appeared before the Police Jury and advised that he drove by the property in question every day on his way to work, and it was very near one of the residences on the corner (of Ange and Opelousas Streets). He stated that at first the company had started parking just trailers, then trucks loaded with rubber tubes which were eventually dumped on the ground in a pile which had reached approximately eight feet in height and six feet in width. Mr. Pierre stated that K-Jon had been asked to move the tubes, tanks and trailers. He further stated that he lived in the community and loved it, and he felt that if K-Jon had good intentions, they would not have started parking trailers where they had and done what they did.
Mr. Manuel asked if the property owners would still be in opposition to the rezoning request if a stipulation was included in the motion which would require that only excess trailers, not vacuum trucks or tubes, be parked or placed on the property. Mr. Shelton stated that he would still be in opposition because of the property's close proximity to very nice residential lots, and he would like the property to remain zoned residential and not commercial.
Mr. Pierre stated that he also would still be in opposition because he felt that eventually K-Jon would start parking trailers and portable toilets that should not be parked there and for extended periods of time.
In answer to a question by Mr. McMillin, Mr. Ange stated that the only time his business had loaded trailers was when they were loaded up in the evening and then distributed the next day. He further stated that a 25-foot flat bed trailer was utilized for this purpose, and the tanks on the trucks had to be kept in a fenced-in area. Mr. Ange explained that K-Jon did not put rooter or vacuum trucks in an area where they could not be protected, and the business had a gated yard. He further explained that he had lived in this area all of his life, and he was there every day and wanted to keep the company clean, pointing out that his proposal was for parking of employee cars and trucks and flat bed trailers.
Mr. McMillin asked if the debris behind the building could be cleaned up, to which Mr. Ange stated that if need be, he would put up a fence, but he did not foresee a need to store the tubing on said property. He also stated that he did not see a need to concrete the parking lot but would put rock on it.
Mr. Landry asked if any portable toilets would be on the trailers to be parked on the lot in question, to which Mr. Ange stated that 95 - 99% of the time, there would not be - just empty trailers. Also in answer to Mr. Landry's question, Mr. Ange stated that there would only be approximately ten vehicles parked on the lot.
An amendment to the motion on the floor was offered by Mr. Landry and seconded by Dr. Mackey to stipulate that the use be limited to employee vehicle parking and the parking of empty trailers only. The maker (Mr. Andrepont) and the second (Mrs. Treme) of the original motion both agreed to incorporate this amendment into the main motion.
Mrs. August stated that she would not want a trailer with portable toilets next to her residence at any time, and in her opinion, there was always a possibility of an oversight on someone's part whereby the toilets would be left on the trailer overnight. She then called for the question on the motion on the floor.
In answer to a question by Mr. Breaux, Mr. Vickers stated that if the motion on the floor was approved by the Police Jury, and it was determined in the future that trailers with portable toilets were being parked on the lot in question, this would constitute a violation of the ordinance which would be adopted if the motion on the floor was approved, and normal enforcement procedures would be followed.
In answer to a question by Mr. Vickers, Mr. Ange stated that he had agreed to a 15-foot set back on the north and west sides of the property on which no vehicles or trailers would be parked.
An amendment to the motion on the floor was offered by Dr. Mackey and seconded by Mr. Manuel to include a stipulation that a 15-foot set back be provided on the north and west sides of the property on which no vehicles or trailers would be parked. The maker (Mr. Andrepont) and the second (Mrs. Treme) of the original motion both agreed to incorporate this amendment into the main motion.
A vote was then taken on the motion on the floor, and the vote thereon was as follows:
YEAS: Mr. Andrepont, Mr. Breaux, Mr. Clement, Mr. Derbonne, Mr. Kleckley, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. McMillin, Mr. Moon, and Mrs. Treme
NAYS: Mrs. August and Mr. Danahay
ABSENT: Mr. Collins
NOT VOTING: President Griffin
The vote being 11 - 2 in favor of the motion, President Griffin declared the motion as having carried; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4264
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by K-Jon,
Inc. to rezone from R-1 (Single Family Residential) to C-2 (General commercial) to allow a parking lot for a business (K-Jon) on the property described as: Lots
Two and Three of Charlie Ange, et al Partition of the W/2 of the E/2 of the SW/4 of the SE/4 of S26, T9S, R8W, as per plat recorded in Plat Book 13, Page 84,
records of Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 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 R-1 (Single Family Residential) to C-2 (General commercial) to allow a parking lot for a business (K-Jon) with the following stipulations: 1) that the use
is limited to the parking of employee vehicles and empty trailers only; 2) that a 15' set-back be provided on the north and west property lines on which no
vehicles/trailers shall be parked; and 3) should the business cease, the property will automatically revert to R-1, on the property described as: Lots Two and
Three of Charlie Ange, et al Partition of the W/2 of the E/2 of the SW/4 of the SE/4 of S26, T9S, R8W, as per plat recorded in Plat Book 13, Page 84, records of
Calcasieu Parish, Louisiana.
Zoning Case RZ03-014-01
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
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Mr. Shelton asked if an additional requirement could be placed on Mr. Ange, to which President Griffin explained that the matter had already been voted on and, therefore, Mr. Shelton's question was a moot point. Dr. Mackey stated that as a point of information, Mr. Shelton should have made his request before the vote was taken on the motion.
Another person in the audience who did not identify herself asked to speak with regard to the matter outlined heretofore, and President Griffin denied her request, pointing out that the matter had been thoroughly discussed and voted on by the Police Jury.
President Griffin advised that action was not needed on Zoning Case RZ04-013-01 which was a request by William and Karen Stegall to rezone from R-1 (Single Family Residential) to C-1 (Light Commercial) to allow expansion of an existing business (lawn mower repair and sales) at 1133 East Houston River Road in Ward Four, Police Jury District 13, due to the fact that said request had been withdrawn. [It was noted that the Planning and Zoning Board had met on Tuesday, August 17, 2001, and voted nine (against) and two (for) to recommend that the request be denied. It was also noted that the staff had recommended the following stipulations if the request was granted: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that only the east 164 feet (one acre) be rezoned.]
President Griffin advised that action was needed on Zoning Case RZ04-012-01 which was a request by Jerry L. Hufstedler to rezone from R-2 (Mixed Residential) to I-1 (Light Industrial) to allow a welding repair shop/escort business at 3303 Angela Loop in Ward Four, Police Jury District 13. She further advised that the Planning and Zoning Board had met on Tuesday, April 17, 2001, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that all welding take place within the shop to the extent possible; (3) that all equipment and supplies must be stored within the building or behind the building; (4) that an eight-foot (8') wooden fence be installed along the north property line within sixty (60) days.
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 Request RZ04-012-01 and that the request to rezone be granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4265
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Jerry L.
Hufstedler to rezone from R-2 (Mixed Residential) to I-1 (Light Industrial) to allow a welding repair shop/escort business on the property described as: Lot 3,
Angela Acres Subdivision #2, a subdivision in the SE/4 of the SW/4 of Section 10, T9S, R10W, Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 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 Four of this parish:
From R-2 (Mixed Residential) to I-1 (Light Industrial) to allow a welding repair shop/escort business with the following stipulations: 1) that the development
adhere to the site plan on file with the Division of Planning and Development; 2) that all welding take place within the shop to the extent possible; 3) that all
equipment and supplies must be stored within building or behind the building; and 4) that an eight-foot (8') wooden fence be installed along the north property
line within sixty (60) days, on the property described as: Lot 3, Angela Acres Subdivision #2, a subdivision in the SE/4 of the SW/4 of Section 10, T9S, R10W,
Calcasieu Parish, Louisiana.
Zoning Case RZ04-012-01
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 Study ST03-001-01 which was a study to examine the feasibility of rezoning properties along Airhart Road from R-2 (Mixed Residential), R-MHP (Manufactured Home Park), and I-2 (Heavy Industrial) to R-2 (Mixed Residential) on Airhart Road in Ward Three, Police Jury District 9. She further advised that the Planning and Zoning Board had met on Tuesday, April 17, 2001, and voted unanimously to recommend that all properties be reclassified to R-2 (Mixed Residential) except Lots 1, 2, and 3 of Block D of East Lake Harbor Subdivision, which should be rezoned to C-2 (General Commercial), as recommended by the staff.
Mr. Vickers explained that the reason for the study had been that when LNG (Liquid Natural Gas) Company had been under construction, the property focused on in the study had not been developed at that time. He further explained that many of the owners of property in this area had thought they would sell their property to industry and had wanted it zoned for industrial use, but instead it had been developed over the years as residential property.
Motion was made by Dr. Mackey, seconded by Mr. Manuel and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Study ST03-001-01 and that the property be rezoned in accordance with the following ordinance:
ORDINANCE NO. 4267
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to rezone property in the Airhart Road area in Ward Three of Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 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 by rezoning and reclassifying the following property in the Airhart Road area in Ward Three from R-2 (Mixed Residential), R-MHP (Manufactured Home Park), and I-2 (Heavy Industrial) to R-2 (Mixed Residential) and C-2 (General Commercial) in accordance with the attached map.
Study Case ST03-001-01
BE IT FURTHER ORDAINED that the rezoning as per the attached map 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
* * * * * * * * * * * *
It was moved by Dr. Mackey, seconded by Mr. Manuel and carried unanimously that the following resolutions be adopted:
RESOLUTION
WHEREAS, notification has been received that application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and
application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Browning Oil Company, Inc. to
dredge an approximate 4,000-linear-foot access channel, and install a drilling barge, accessory barges, and appurtenant structures for oil and gas exploration and
production. The applicant also proposes to use the dredged material to build a levee adjacent to the access channel. Said project is located at Browning Oil
Donner Properties 4, No. 1 Well, in an unnamed lake off the Sabine River, approximately 8 miles southwest of Vinton, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Browning Oil Company, Inc. 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 19th day of April, 2001, that it
does hereby indicate no objection to the proposal of Browning Oil Company, Inc. to dredge an approximate 4,000-linear-foot access channel, and install a
drilling barge, accessory barges, and appurtenant structures for oil and gas exploration and production. The applicant also proposes to use the dredged material
to build a levee adjacent to the access channel. Said project is located at Browning Oil Donner Properties 4, No. 1 Well, in an unnamed lake off the Sabine
River, approximately 8 miles southwest of Vinton, in Calcasieu Parish, Louisiana.
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.
* * * * * * * * * * * *
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 Vinton Port Harbor and Terminal
District to clear, grub, grade and place various fill material into 9 acres of adjacent, forested wetlands for the construction of a 32 lot industrial facility. Said
project is located in wetlands adjacent to the Vinton Drainage Canal, within Section 35, Township 10 South, Range 12 West, at the intersection of Camp Louise
Road and Johnny Breaux Road, south of Vinton, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Vinton Port Harbor and Terminal District 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 19th day of April, 2001, that it
does hereby indicate no objection to the proposal of Vinton Port Harbor and Terminal District to clear, grub, grade and place various fill material into 9 acres of
adjacent, forested wetlands for the construction of a 32 lot industrial facility. Said project is located in wetlands adjacent to the Vinton Drainage Canal, within
Section 35, Township 10 South, Range 12 West, at the intersection of Camp Louise Road and Johnny Breaux Road, south of Vinton, in Calcasieu Parish,
Louisiana.
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.
* * * * * * * * * * * *
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 BN Intervivos Trust to dredge an
area 15 feet by 200 feet immediately adjacent to an existing boat slip and bulkhead with the dredged material placed adjacent and channelward in an area 30 feet
by 200 feet. Said project is located along the western shore of Moss Lake at 7127 Port Road, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of BN Intervivos Trust 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 19th day of April, 2001, that it
does hereby indicate no objection to the proposal of BN Intervivos Trust to dredge an area 15 feet by 200 feet immediately adjacent to an existing boat slip and
bulkhead with the dredged material placed adjacent and channelward in an area 30 feet by 200 feet. Said project is located along the western shore of Moss
Lake at 7127 Port Road, in Calcasieu Parish, Louisiana.
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.
* * * * * * * * * * * *
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 Mr. Joe Brame to construct and
maintain a boathouse, wharf and deck and install and maintain a bulkhead and fill. The purpose of the proposed project is for erosion protection and to
implement a recreational boat facility. The proposed structures and fill are to be located within an area about 100 feet long and 18 feet wide, extending
lengthwise approximately parallel to the mean low water shoreline, the outer edge to be about 18 feet therefrom. The filling operation will consist of the
placement of approximately 30 cubic yards of rock material which will be deposited in front of the bulkhead. Said project is located in the West Fork Calcasieu
River, right descending bank, at a point about 7.8 miles above its confluence with the Calcasieu River, approximately 2.9 miles northerly from Westlake,
Louisiana, in Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Joe Brame 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 19th day of April, 2001, that it
does hereby indicate no objection to the proposal of Mr. Joe Brame to construct and maintain a boathouse, wharf and deck and install and maintain a bulkhead
and fill. The purpose of the proposed project is for erosion protection and to implement a recreational boat facility. The proposed structures and fill are to be
located within an area about 100 feet long and 18 feet wide, extending lengthwise approximately parallel to the mean low water shoreline, the outer edge to be
about 18 feet therefrom. The filling operation will consist of the placement of approximately 30 cubic yards of rock material which will be deposited in front of
the bulkhead. Said project is located in the West Fork Calcasieu River, right descending bank, at a point about 7.8 miles above its confluence with the
Calcasieu River, approximately 2.9 miles northerly from Westlake, 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.
* * * * * * * * * * * *
RESOLUTION
WHEREAS, notification has been received that application for an after-the-fact 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 Mr. Ernie Anderson for
mechanized land clearing and excavation for a home site and recreational pond. Several wetland areas were cleared and grubbed. Approximately 800 cubic
yards of on-site earthen material and 80 cubic yards of hauled-in material (clay and limestone aggregate) were deposited for construction of the home site with
driveway. Approximately 3,500 cubic yards of earthen material were excavated for a 0.2-acre pond; of this, approximately 1,500 cubic yards were deposited in
adjacent wetlands, and will be graded. (The remaining 2,000 cubic yards were deposited in uplands.) A small ditch connects the pond to the roadside ditch. A
65-foot long pier and a 15-foot by 15-foot deck were constructed for access to the pond. A total of approximately 0.475 acres of wooded wetlands were
impacted by the unauthorized activities. Said project is located at 1588 Currie Drive in Sulphur, Louisiana, Section 17, Township 10 South, Range 10 West, in
Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Ernie Anderson 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 19th day of April, 2001, that it
does hereby indicate no objection to the proposal of Mr. Ernie Anderson for mechanized land clearing and excavation for a home site and recreational pond.
Several wetland areas were cleared and grubbed. Approximately 800 cubic yards of on-site earthen material and 80 cubic yards of hauled-in material (clay and
limestone aggregate) were deposited for construction of the home site with driveway. Approximately 3,500 cubic yards of earthen material were excavated for
a 0.2-acre pond; of this, approximately 1,500 cubic yards were deposited in adjacent wetlands, and will be graded. (The remaining 2,000 cubic yards were
deposited in uplands.) A small ditch connects the pond to the roadside ditch. A 65-foot long pier and a 15-foot by 15-foot deck were constructed for access to
the pond. A total of approximately 0.475 acres of wooded wetlands were impacted by the unauthorized activities. Said project is located at 1588 Currie Drive
in Sulphur, Louisiana, Section 17, Township 10 South, Range 10 West, 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.
* * * * * * * * * * * *
RESOLUTION
WHEREAS, notification has been received that an application for an after-the-fact 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 MMA,
Incorporated to clear, grade and deposit fill and/or aggregate material to construct a 10-home subdivision and boat slip to include roads, driveways, building
foundations, utilities and drainage infrastructure. Approximately 3,700 cubic yards of on-site material will be redistributed and an additional 900 cubic yards of
hauled in material will be utilized in project construction. Construction of the boat slip will involve the removal of approximately 13,000 cubic yards of native
soils from a 340-foot by 75-foot area extending from Contraband Bayou. The dredge material will be deposited in a nonwetland area off-site. The proposed
project will encompass an area approximately 10.4 acres and will impact approximately 1.7 acres of forested wetlands. Said project is located in Lake Charles,
Louisiana, Section 13, T10S-R9W, located between Holly Hill Road and Contraband Bayou, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of MMA, Incorporated 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, since the project is located within the city limits of the City of Lake Charles.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 2001, that it
does hereby indicate no objection to the proposal of MMA, Incorporated to clear, grade and deposit fill and/or aggregate material to construct a 10-home
subdivision and boat slip to include roads, driveways, building foundations, utilities and drainage infrastructure. Approximately 3,700 cubic yards of on-site
material will be redistributed and an additional 900 cubic yards of hauled in material will be utilized in project construction. Construction of the boat slip will
involve the removal of approximately 13,000 cubic yards of native soils from a 340-foot by 75-foot area extending from Contraband Bayou. The dredge
material will be deposited in a nonwetland area off-site. The proposed project will encompass an area approximately 10.4 acres and will impact approximately
1.7 acres of forested wetlands. Said project is located in Lake Charles, Louisiana, Section 13, T10S-R9W, located between Holly Hill Road and Contraband
Bayou, in Calcasieu Parish, Louisiana.
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.
* * * * * * * * * * * *
President Griffin advised that action was needed on adopting a resolution indicating objection/no objection to the following proposed project in Calcasieu Parish, Louisiana, provided said work meets with the rules and regulations of the Corps of Engineers and approvals are received from all appropriate state and federal agencies, and further that any required permits are obtained from the Division of Planning and Development:
Proposal of Gene Kile Incorporated to clear, fill, and grade a portion of a 12.5 acre tract for the development of a truck stop adjacent to an existing gas station.
Approximately 6,615 cubic yards of onsite material (native clays and silts) and 6,615 cubic yards of hauled-in material (clay and limestone) will be deposited on
4.1 acres of wet pasture with some scattered trees. Elevations will be raised by approximately one foot (to 27.0' MSL) on most of the site. Development will
include one building, a diesel fuel island, and several driveways and parking areas. Said project is located at the Southwest Corner of the intersection of US
Highway 171 and Joe Miller Road in Moss Bluff. The Planning Staff recommended that the Police Jury indicate no objection to this project application.
With regard to the foregoing, Mr. Manuel stated that he objected to the proposed video poker truck stop because of potential drainage problems for the residents of the subdivisions in back of the proposed site. He also stated that the intersection of Joe Miller Road and U.S. Highway 171 probably had more accidents than any other intersection in the Moss Bluff area, and he would like these concerns included as objections to the proposal. Mr. Manuel also stated that this particular area was highly populated, and some of the residents were elderly. He further stated that if the project came to pass, he would like to stipulate that no egress be allowed from Joe Miller Road because of its narrow width and deep ditches.
Mrs. August asked if the developer of the project was the same person who had recently written a letter to the Editor of the "Lake Charles American Press" explaining that they had been misrepresented about putting in video poker, and Mr. Manuel explained that it was not, but the person to whom Mrs. August was referring had stated that his plans were for a family restaurant out in the "middle of nowhere" and he pointed out that a truck stop could not exist without video poker machines or the sale of alcohol.
Mr. Vickers explained that there were two different locations in Ward One which were proposed for video poker truck stops, the one on the agenda on this date and a location further north to which Mr. Manuel had previously referred. Mr. Vickers pointed out that the one on which the Police Jury was being requested to adopt a resolution of objection/no objection on this date was appropriately zoned for the intended use, and the location further north was seeking rezoning as well as a Corps of Engineers permit, but there were drainage problems which the applicant was trying to work through with the Corps of Engineers and the parish engineers.
Ms. Lonora Theriot, 158 Joe Miller Road, Moss Bluff, appeared before the Police Jury and stated that she lived directly across the road, north of the proposed facility, and the residents in the area were strongly opposed to the facility. She explained that she had an illness which involved a greatly weakened nervous system and a severely impaired immune system, and she felt she would be directly impacted by fumes and/or leakage of diesel or hazardous materials carried in the trucks that might utilize the truck stop, which could have a detrimental impact on her health.
Ms. Theriot also spoke of her concern for her mother-in-law's health who lived due east of her property, drainage concerns, and her concern that the proposed facility would present added congestion to an already heavily-traveled thoroughfare, as well as safety and an increased chance of accidents.
Ms. Louise L. Spalding, 190 Joe Miller Road, Moss Bluff, appeared before the Police Jury and stated that her concerns were much the same as Ms. Theriot's regarding noise, air pollution, the compounding of existing traffic congestion, drainage, etc.
Ms. Bonnie Theall, 2653 Highway 171, Moss Bluff, appeared before the Police Jury and stated that most of her objections had already been addressed, but she did want to state that it seemed to her that there were already plenty of gambling places all over the parish, and this particular area was a residential area. She stated that money was one thing, but greed was something else.
Mr. Donald Plauche, 401 Joe Miller Road, Moss Bluff, appeared before the Police Jury and stated that approximately six years ago, he had applied for a Corps of Engineers permit about 1800 feet from the proposed truck stop. Mr. Plauche stated that at that time he had to get a surveyor's benchmark at the corner of Joe Miller Road and Highway 171, and it had read approximately 24 feet. He pointed out that the proposal for the truck stop had said that the property would be brought up to an elevation of 27 which was roughly three feet. Mr. Plauche pointed out that this would result in a diminished capacity for the property downstream to take on more water, and the property downstream was already experiencing problems with drainage. Mr. Plauche stated that his two main concerns were drainage problems and the amount of concrete which would be needed to develop the property.
Motion was made by Mr. Manuel and seconded by Mr. Breaux that these objections be forwarded to the Corps of Engineers with comments that were made on this date in an effort to address the problems with drainage, as well as problems of ingress/egress for the proposed facility off of Joe Miller Road.
In answer to a question by Mr. McMillin relative to the motion on the floor, Mr. Vickers explained that the Police Jury could either accept the recommendation of the staff and adopt a resolution of no objection to the proposed project, or amend it in some way to send it to the Corps of Engineers with the additional comments. Mr. Vickers pointed out that at the point when the staff received a notice from the Corps of Engineers, limited information was available at that time, and the staff generally reviewed and based its recommendation for a project on whether the property was zoned appropriately, whether it would be in violation of any parish ordinances, etc., but at the point where an application for a building permit was filed, the staff would have more detailed plans to review and would then look at issues such as access, signage, etc.
Mr. Manuel stated that he just wanted to send the comments that were made along with the vote taken by the Police Jury on this matter.
Mr. Andrepont pointed out that the Police Jury needed to vote for or against the proposal that was on the agenda, and everything else would take care of itself.
Mr. Manuel then made a motion, which died from lack of a second, that the Police Jury vote in opposition (to adopting a resolution of no objection for this project). (President Griffin accepted this motion as a substitute motion which was in effect a withdrawal of the original motion and since there was no motion to adopt a resolution of no objection, the net effect was that no action was taken on this item.)
It was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the Budget Committee Report dated April 19, 2001, be approved as follows:
BUDGET COMMITTEE REPORT
April 19, 2001
A meeting of the Budget Committee was held at 4:30 p.m. on Thursday, April 19, 2001, 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:
Mrs. Luvertha August, Mr. Mike Danahay, Mr. Enos Derbonne, Mr. Chuck Kleckley, Dr. Charles S. Mackey, and Mrs. Elizabeth Conway Griffin, Ex-Officio
Absent: None
Also present were Mrs. Sandy Treme, Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Kathy Criglow, Ms. Coleen Clark, Mr. Andy Johnson, and Mr. Jerry Milner.
Said Committee:
There being no further business, Chairman Andrepont declared the meeting to be adjourned.
* * * * * * * * * * * *
Upon motion made by Mr. Manuel, which was duly seconded by Dr. Mackey 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 19th day of April, 2001, that it
does hereby approve a Joint Services Agreement between the Police Jury and the City of Lake Charles authorizing the staffs of both governing authorities to
collaborate in the study of alternative means of providing emergency response on a parishwide basis and the development of a Parishwide Ambulance
Ordinance.
BE IT FURTHER RESOLVED that other municipalities within the parish are formally invited to be a partner in this agreement.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
It was moved by Mr. Manuel, seconded by Mr. Andrepont and carried unanimously to adopt the following resolution:
RESOLUTION
A RESOLUTION granting approval, consent and authority to the Board of Commissioners of Community Center and Playground District No. Four of Ward
One of the Parish of Calcasieu, Louisiana, to order and call an ad valorem tax election, and to levy and collect the tax authorized thereby.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of April, 2001, that it
does hereby grant approval, consent, and authority to the Board of Commissioners of Community Center and Playground District No. Four of Ward One to
order and call an ad valorem tax election to submit to the electorate of said district on July 21, 2001, authorizing the levy and collection of a 10.00 mill capitol
improvement and maintenance ad valorem tax on all taxable property for a period of ten years beginning January 1, 2002, for the purpose of establishing,
acquiring, constructing, improving, extending and maintaining public recreational services and facilities within the district, and making application to the State
Bond Commission and United States Attorney General in connection therewith.
BE IT FURTHER RESOLVED that approval, consent, and authority is granted to said district to levy and collect the tax thereby should the same carry at the
election to be held on July 21, 2001.
BE IT FURTHER RESOLVED that the approval granted herein is intended to constitute all the approval, consent, and authority required by and anticipated
under the provisions of Article VI, Section 15 of the Louisiana Constitution of 1974, and all other laws related thereto.
BE IT FURTHER RESOLVED that certified copies of this authorizing resolution shall be forwarded to representatives of the Board of Commissioners of
Community Center and Playground District No. Four of Ward One.
APPROVED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by Mrs. Treme, seconded by Mr. Breaux and carried unanimously that disbursement be authorized in the amount of $5,000 for the first installment of Fiscal Year 2001 Riverboat Recreation Endowment Funds to each of the following qualifying Community Center and Playground Districts and Recreation Districts in Calcasieu Parish: Recreation District No. One of Ward Four, Community Center and Playground District No. One of Ward Six, Community Center and Playground District No. Two of Ward Four, Community Center and Playground District No. Three of Ward Seven, and Community Center and Playground District No. Four of Ward One.
Upon motion made by Mr. McMillin, which was duly seconded by Mr. Kleckley 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 19th day of
April, 2001, that in accordance with the provisions of LSA R.S. 13:781-787, it does hereby approve the request of the Honorable James R. Andrus, Calcasieu
Parish Clerk of Court, that the Clerk's Office be permitted to retain any fund balance accrued during the last term of office, with said funds to be utilized by the
Clerk for upgrading the quality of services of the office as well as to minimize necessary subsidies by the Parish for their operation.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * * It was moved by Mr. Manuel, seconded by Mr. Kleckley 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 19th day of April, 2001, that it
does hereby approve a lease between the Police Jury and Stream Family Limited Partnership for the lease of property for the Highway 108 Boat Launch.
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.
* * * * * * * * * * * * Motion was made by Mrs. Treme, seconded by Mr. Manuel 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 19th day of April, 2001, that it
does hereby approve the pilot contract between the Police Jury and Michael Windham, for pilot services for the Calcasieu Parish Mosquito Control Department.
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.
* * * * * * * * * * * * Upon motion made by Mrs. Treme, 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 19th day of April, 2001, that it
does hereby approve the renewal and revision of a Joint Services Agreement between the Police Jury and the City of Lake Charles for the use of parking at the
Lake Charles Civic Center, a copy of said agreement being attached hereto and made a part hereof.
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.
* * * * * * * * * * * * It was moved by Mrs. Treme, seconded by Mr. Manuel and carried unanimously that the President of the Police Jury be authorized to execute the necessary documents for acquisition of right-of-way from Mark Shannon Cormie on Luke Powers Road in Ward Three (Calcasieu Parish Project No. 2001-03), in accordance with criteria established by the Police Jury and recommendation of the Parish Engineer.
Motion was made by Mrs. Treme, seconded by Mr. Manuel and carried unanimously that participation be authorized in the "Christmas in April" Program on April 28, 2001, by providing dumpsters at two locations.
Upon motion made by Mrs. Treme, which was duly seconded by Mr. Manuel and carried unanimously, the recommendation of the Director of the Mosquito Control Department was approved and the bid of B-N Group Limited was conditionally accepted for the purchase of one airplane for use by the Mosquito Control Department, subject to visual inspection of the aircraft as provided for in the plans and specifications, said recommendation having been based on a final cost/usage analysis of the bids received indicating that the B-N Group was the low bidder, said bids having been received by the Parish Purchasing Agent on March 20, 2001.
Motion was made by Mrs. Treme, seconded by Mr. McMillin and carried unanimously to approve the recommendation of the Parish Engineer and to accept the low bid of Shiloh Contractors, Inc. in the amount of $473,946.10 for Calcasieu Parish Project No. 2001-05 (Replacement of Various Bridges in Calcasieu Parish), and further, to authorize the President of the Police Jury to execute the contract documents and any amendments or modifications thereto in conjunction with said project.
It was moved by Mrs. Treme, seconded by Mrs. August and carried unanimously that the following proclamation be issued:
PROCLAMATION
WHEREAS, the travel and tourism industry is tremendously important for Calcasieu Parish and contributes to employment, economic prosperity, international
trade and relations, peace, understanding and goodwill; and
WHEREAS, every citizen benefits from the effects of travel and tourism, and the industry substantially enhances our personal growth and education while
promoting inter-cultural understanding and appreciation of Calcasieu Parish's geography, history, and culture; and
WHEREAS, given these laudable contributions to the economic, social, and cultural well-being of the citizens of Calcasieu Parish, it is fitting that the
importance of travel and tourism be recognized.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19th day of April, 2001, that
the week of May 5 - 12, 2001, is hereby proclaimed
National Tourism Week
in the Parish of Calcasieu, State of Louisiana, and all citizens are urged to observe this week with appropriate ceremonies and activities.
* * * * * * * * * * * * 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 to adopt the following resolution:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19th day of April, 2001, that it
does hereby express support for the request of the Port of Lake Charles that the Louisiana Department of Transportation and Development conduct a public
hearing relative to the permit request of the SJB Group, on behalf of Weingarten/Target, as it relates to the alignment of West Prien Lake Road in Ward Three
of Calcasieu Parish.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * * Motion was made by Mr. Andrepont, seconded by Mrs. Treme and carried unanimously that the rules be suspended by a two-thirds majority vote to discuss an item not on the agenda. Mr. McMurry apologized for not having this item in writing but that Mr. Alan Kratzer, Manager of the Lake Charles Regional Airport, had asked on behalf of the Airport Authority just prior to the meeting that the Police Jury consider joining the Airport Authority in issuing a waiver to Northwest Air Link from any future EAS (Essential Air Service) requirements. Mr. McMurry explained that there were some rather complex procedures having to do with the Department of Transportation (DOT) whereby that at the point an area was without air service, the DOT could actually force an air service currently in the area to remain there, and it was believed that for the area to be competitive in trying to pull Northwest Air Link in to join Continental Airlines, that the local governing authorities needed to do what some other cities had done and issue a waiver from any EAS requirements that could be directed toward the company which would provide Northwest Air Link the assurance that they could make decisions that were in their best economic interest, and that those would not be mandated by the EAS or DOT. Mr. McMurry advised that Mr. Kratzer's request was for the Parish, like the City of Lake Charles, to join with the Airport Authority in this request.
Motion was made by Mr. Andrepont, seconded by Mrs. Treme and carried unanimously that the rules be suspended by a two-thirds majority vote and that the request as outlined heretofore by Mr. McMurry be granted; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19th day of April, 2001, that it
does hereby approve the request of the Airport Authority of Airport District No. One to join forces with said Authority and the City of Lake Charles in efforts
regarding the issuance of a waiver to Northwest Air Link from any future Essential Air Service (EAS) requirements.
THUS DONE AND PASSED by a unanimous vote on the date above inscribed.
* * * * * * * * * * * *
There being no further business, motion was made by Mr. Andrepont, seconded by Mrs. Treme and carried unanimously that the meeting be adjourned.
/s/ Elizabeth Conway Griffin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary