Lake Charles, Louisiana
December 20, 2001
The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, December 20, 2001, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, with the Honorable Elizabeth Conway Griffin, President, presiding, and the following members present:
Mesdames Luvertha August and Sandra Treme;
and Messrs. Francis Andrepont, Algie Breaux, Brent Clement, Calvin Collins,
Mike Danahay, Enos Derbonne, Chuck Kleckley, Chris Landry, Charles S. Mackey,
D.D.S., Don Manuel, Hal McMillin, and Cornelius "Cornie" Moon
Absent: None
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, Mr. Jerry Milner, Director of Finance, Mr. Claude Smart, Parish Engineer, Mr. Allen Smith of Plauche, Smith, and Nieset, Legal Counsel, Mr. Gerry Trahan, Director of Facilities Management, and Mr. Jim Vickers, Director of Planning and Development.
President Griffin called the meeting to order, and the invocation was pronounced by Brother Ed Rose of Moss Bluff Bible Church, which was followed by the Pledge of Allegiance led by Mr. Manuel. The roll was called with the result being as outlined above.
President Griffin acknowledged Mayor Randy Roach of the City of Lake Charles as being present at the meeting on this date.
Mr. Derbonne stated that as police jurors, they were charged with the responsibility of government outside the City limits but that a lot of the work done by the jurors was inside the City. He spoke highly of the relationship between the City of Lake Charles and the Police Jury and of the recent speech given by Mayor Roach when he had asked the City Council to name Mr. Don Dixon as Lake Charles' Chief of Police. Mr. Derbonne then asked Mayor Roach to introduce Mr. Dixon to the Police Jury.
Mayor Roach stated that even though Mr. Dixon would not take office until January 1, 2002, he was already busy with different issues. He further stated that Mr. Dixon had resided in Calcasieu Parish since 1988 during which time he was employed as an FBI agent, pointing out that he had been the agent-in-charge with the local office of the FBI since 1997 and had many remarkable accomplishments with the FBI. Mayor Roach stated that Mr. Dixon had been selected by the FBI to head up a tactical unit at the 2002 Superbowl and that it was a great honor for the City of Lake Charles to have its Chief of Police serve in this capacity.
Mayor Roach further stated that the thing that impressed him most about Mr. Dixon was his dedication to the people of Lake Charles and his commitment to working with local law enforcement agencies to build a safer community across Southwest Louisiana.
Mr. Dixon responded by saying that one could not find a more honorable person than Mayor Roach and that he was looking forward to the challenges involved in being Chief of Police. He also stated that crime did not stop at the City limits, and he promised to work with all law enforcement agencies in Calcasieu Parish.
At this time Mr. Gremillion presented the Volunteer Firefighter Awards for the year 2001, pointing out that these individuals placed their lives on the line every time they responded to a call, and they were known for their leadership, compassion, and loyalty. Awards were presented to the following volunteers, and Mr. Gremillion gave a brief introduction of each recipient: Mark Nelands, Ward Two Fire Protection District No. One; Bryant Fletcher, Ward Three Fire Protection District No. Two; Bill Stetz, Ward Four Fire Protection District No. Two; J. W. Richard (not present), Ward Four Fire Protection District No. 3; Kathlene Bullard, Ward Four Fire Protection District No. Four; Robert Louviere (not present), Ward Five Fire Protection District No. One; Donna Gayle, Ward Six Fire Protection District No. One; Joey Leger, Ward Eight Fire Protection District No. One; William Stockwell, Ward Eight Fire Protection District No. Two; and David Moreau, Vinton Volunteer Fire Department.
Mr. Gremillion asked Mrs. Treme, who originally initiated the awards, Mr. Manuel, and President Griffin to join him in presenting the Calcasieu Parish Fire Fighter of the Year Award to Kent Buller, Ward One Fire Protection District No. One. Mr. Manuel asked Mr. McMillin to join him at the podium since Mr. McMillin represented part of the Ward One district. Mr. Manuel stated that he was very proud of all the fire fighters and that they were the most dedicated people he had ever worked with, but he was particularly proud of Mr. Buller for having won the Fire Fighter of the Year Award.
Mr. Buller expressed his appreciation and stated that it was nice to get an award for something he loved doing. He also stated that additional fire fighters were needed and encouraged everyone who had the time to volunteer.
Fire Chief Mark Degenhardt of Ward One Fire Protection District No. One appeared before the Police Jury and stated that Mr. Buller was a good example of the hundreds of volunteers in Calcasieu Parish who deserved a round of applause for their efforts. He stated that he was very proud of Mr. Buller and while there were probably 30 other people he could have nominated, Mr. Buller had been his first choice.
The recipients of the fire fighter awards were given a standing ovation.
Motion was made by Mr. Andrepont, seconded by
Mr. Clement and carried unanimously that the following applications for liquor
and beer permits be approved:
WARD III
Rockin' Sidney's Festival City, LLC
Carol Simien - Pres.
ROCKIN' SIDNEY'S FESTIVAL CITY
4010 Goodman Lane
Lake Charles, LA 70615 Liquor & Beer - '2002 168.75
(Calvin Collins' District)
WARD VI
Lynn Dale Havens d/b/a
THE LAST CHANCE
1198 Hwy. 12
DeQuincy, LA 70633 Liquor & Beer - '2002 135.00
(Sandy Treme's District)
TOTAL REMITTANCE: $303.75
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It was moved by Mr. Andrepont, seconded by Mrs. Treme and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated November 15, 2001, and the reading of same was dispensed with.
President Griffin advised that a report would be received at this time from Mr. Manuel, District 1, with reference to ongoing activities within his Police Jury district and his liaison affiliations.
Mr. Manuel stated that the following improvements had been made in District 1 utilizing grant money from the riverboat fund: extension of water lines, addition of 17 new fire hydrants which made the total in the Ward One area over 400, purchase of automated external defibrillators, purchase of land to construct a new fire station which was anticipated to bring the fire rating down to a Class 4, purchase of a thermal imaging camera to aid in fire fighting, and the construction of two new softball fields.
Mr. Manuel also stated that perhaps the best improvement was the surface treatment of almost 17 roads in his district which he said tripled the number of people who were able to "get out of the dust." He made reference to a recent house fire in the Birdnest area of his district and said that in early 2002, he would be holding a meeting to try to recruit volunteer firefighters from that area.
President Griffin thanked Mr. Manuel for his report.
She advised that action was needed on Zoning Case RZ04-037-01 which was a request by Dudley M. and Becky Pitre to amend Ordinance No. 3632 to change use to allow expansion of a cabinet shop on Straley Road in Ward Four, Police Jury District 14. She further advised that the Planning and Zoning Board had met on Tuesday, December 18, 2001, and deferred action for thirty days.
Motion was made by Mr. McMillin, seconded by Dr. Mackey and carried unanimously that action on Zoning Case RZ04-037-01 be deferred for thirty days.
President Griffin advised that action was needed on Zoning Case RZ08-036-01 which was a request by Mrs. Gerald R. Guillory to rezone from C-1 (Light Commercial) to C-2 (General Commercial) to allow a restaurant with consumption of alcoholic beverages at 2679 Highway 397 in Ward Eight, Police Jury District 10. She further advised that the Planning and Zoning Board had met on Tuesday, December 18, 2001, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that permission must be obtained from the Department of Health and Hospitals to operate the deli; and (2) that the use be limited to the consumption of alcohol in conjunction with the deli only.
It was moved by Dr. Mackey, seconded by Mr. Derbonne and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ08-036-01 and that the request to rezone be granted with the stipulations outlined by said board; whereupon, the following ordinance was adopted:
ORDINANCE
NO. 4328
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of
Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A
request by Mrs. Gerald R. Guillory to rezone from C-1 (Light Commercial) to C-2
(General Commercial) to allow restaurant with consumption of alcoholic
beverages on the property described as: Lot 1 of Evelina Subdivision Part
"A" a subdivision of Lot E of Natali Heirs of Block 10 in the SW/4 of
S6, T10S, R7W.
BE IT ORDAINED BY THE POLICE JURY OF
CALCASIEU PARISH, LOUISIANA,
convened in regular session on the 20th day of December, 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 Eight of this parish:
From C-1 (Light Commercial) to C-2 (General
Commercial) to allow restaurant with consumption of alcoholic beverages with
the following stipulations: 1) that permission must be obtained from the
Department of Health and Hospitals to operate the deli; and 2) that the use be
limited to the consumption of alcohol in conjunction with the deli only; on the
property described as: Lot 1 of Evelina Subdivision Part "A" a
subdivision of Lot E of Natali Heirs of Block 10 in the SW/4 of S6, T10S, R7W.
Zoning Case RZ08-036-01
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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* * * * * * * * *
President Griffin advised that action was needed on Zoning Case RZ03-038-01 which was a request by Merillia Ledano Pennington to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to allow a printing business at 625 Bennett Road in Ward Three, Police Jury District 9. She further advised that the Planning and Zoning Board had met on Tuesday, December 18, 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 drives and parking be hardsurfaced (asphalt or concrete); (3) that petitioner obtain occupational license within five (5) days of zoning approval; (4) should the business cease, the property will automatically revert to R-2 (Mixed Residential); (5) that State Fire Marshal approval be obtained within forty-five (45) days; and (6) that all Parish permits be obtained within forty-five (45) days of zoning approval.]
Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-038-01 and that the request to rezone be granted with the stipulations outlined by said board; whereupon, the following ordinance was adopted:
ORDINANCE
NO. 4329
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of
Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A
request by Merillia Ledano Pennington to rezone from R-2 (Mixed Residential) to
C-2 (General Commercial) to allow a printing business on the property described
as: Com 2,174.8 feet S and 30 feet E of the NW cor of S32, T10S, R8W, thence
running E 366.5 feet for poc of tract herein sold, thence running E 54 feet,
thence S 245 feet, thence W 54 feet, thence N 245 feet to poc, being the
portion marked "B" on plat filed for record on October 2, 1954, and
bearing file No. 596458, together with all buildings and improvements thereon.
BE IT ORDAINED BY THE POLICE JURY OF
CALCASIEU PARISH, LOUISIANA,
convened in regular session on the 20th day of December, 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-2 (Mixed Residential) to C-2 (General
Commercial) to allow a printing 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 drives and parking be hard surfaced
(asphalt or concrete); 3) that petitioner obtain occupational license within
(5) five days of zoning approval; 4) should the business cease, the property
will automatically revert to R-2 (Mixed Residential); 5) that State Fire
Marshall approval be obtained within (45) forty-five days; and 6) that all
Parish permits be obtained within (45) forty-five days of zoning approval; on the
property described as: Com 2,174.8 feet S and 30 feet E of the NW cor of S32,
T10S, R8W, thence running E 366.5 feet for poc of tract herein sold, thence
running E 54 feet, thence S 245 feet, thence W 54 feet, thence N 245 feet to
poc, being the portion marked "B" on plat filed for record on October
2, 1954, and bearing file No. 596458, together with all buildings and
improvements thereon.
Zoning Case RZ03-038-01
BE IT FURTHER ORDAINED that the rezoning of the above described property is
effective this date, classified in accordance with a new zoning District Map
(adding to the existing District Map) which is attached to this ordinance to be
placed on file in the Office of the Clerk of Court showing the classification
of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU
PARISH POLICE JURY on the date
above inscribed.
/s/ Elizabeth Conway Griffin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * *
* * * * * * * * *
President Griffin advised that action was needed on Zoning Case RZ03-035-01 which was a request by Custom Metal to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow expansion of business (laydown yard) on Leger Road in Ward Three, Police Jury District 9. She further advised that the Planning and Zoning Board had met on Tuesday, December 18, 2001, and voted six (for) to five (against) 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; and (2) that a fence be installed around the property.
It was moved by Mr. Andrepont and seconded by Mr. Clement to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-035-01 and to grant the request to rezone with the stipulations outlined by said board.
Mr. Vickers stated that a number of jurors had contacted him with reference to stipulation number (2) as outlined previously and that he had talked with a representative of the opposition and Mr. James Cureton (applicant and owner of Custom Metal). Mr. Vickers further stated that Mr. Cureton had provided a letter wherein he stated that it was his understanding that some of the neighbors would like aluminum slats installed in the fence for privacy and a privacy fence on the north side, to which he had no objection. Mr. Vickers advised that the letter also stated that Mr. Cureton had no problem with installing a solid metal wall similar to a sidewall on a metal building which he said would probably afford a degree of noise protection also.
An amendment to the motion on the floor was offered by Dr. Mackey and seconded by Mrs. August to incorporate these items into the stipulations.
Mr. Vickers further advised that he had received an affidavit from Ms. Michelle Buck Schantz who lived on the north side and adjacent to the property for which Custom Metal was seeking to change the zoning classification which stated that she supported the rezoning. Mr. Vickers also advised that a number of rezonings had taken place in this particular area, five of which had been for Custom Metal as it had expanded over the years.
Ms. Lillie Duhon, 2502 Ruth Street, Lake Charles, appeared before the Police Jury representing Mr. David Frazher Huddleston, and stated that she and her brother owned property on Hebert Road and asked if the proposed rezoning would affect them, to which Mr. Vickers stated that the property under consideration fronted on Leger Road and would have no impact. Ms. Duhon stated that she had heard that the cemetery on Leger Road was being sold to Mr. Cureton, and Mr. Vickers stated that he did not think the cemetery was part of the proposal.
Mr. Byron Lewis, 210 West Hebert, Lake Charles, appeared before the Police Jury and stated that the proposed rezoning affected his father who lived on the corner where Mr. Cureton was trying to rezone. He stated that he did not think it was a good idea to rezone the property because there were people in this area who had been living there for approximately 40 years and that once property began to be rezoned as commercial, it would force these older people to move because they were at home every day and would not be able to stand the noise. Mr. Lewis advised that these people had been in the area longer than Custom Metal had been.
Mr. Vickers pointed out that the subject property was not immediately adjoining Mr. Lewis's property, and Mr. Lewis stated that he was aware of that, but he was still against the rezoning of residential property to commercial. He further stated that if somebody did not stand up and speak for the older people in the neighborhood, before they knew it, it would all be zoned commercial. Mr. Lewis stated that some of these people could read and some could not, and they did not even know there was a rezoning proposed until he saw the sign. He further stated that he felt they were being taken advantage of.
In answer to a question by Mr. Derbonne, Mr. Lewis stated that he did live with his father. Mr. Derbonne asked if Custom Metal had not been a good neighbor and a neat neighbor. He said that he knew where Mr. Lewis lived, and there was about a 50' buffer between the properties. He pointed out that Custom Metal was willing to do just about anything Mr. Lewis wanted.
Mr. Vickers stated that Mr. Cureton was certainly willing to do what he had stated in his letter and had gone above and beyond what the Planning and Zoning Board had requested in order to try in some way to mitigate the impact of the rezoning and the expansion of the business.
Mr. Danahay stated that he had spoken with Mr. Lewis and had told him that the best case scenario would be to come to an agreement on a stipulation regarding a fence line and buffer zone. He further stated that he felt the best compromise would be a privacy fence and that Mr. Cureton had agreed to provide one.
In answer to a question by Mrs. August, Mr. Lewis stated that there were approximately five or six houses in this particular area. Mrs. August stated that there was an empty lot in the area which concerned her and that if a business was going to establish a place to dump supplies, it would not be used for residential which would leave it open for another business which would further deteriorate the existing situation. Mrs. August also stated that she had a problem with the way property was zoned and rezoned in residential areas and if the business was on one side of the road with residences on the other side, why could the people who lived there not have what they had all along. Mrs. August stated that if it was another community, that would be taken into consideration, and she did not think the Police Jury was being consistent.
Mr. Derbonne stated that Mr. Lewis kept his property well-maintained and pointed out that the neighbor next to the property being talked about was not against the rezoning. Mr. Lewis stated that the reason she was not against it was because her grandmother had sold Mr. Cureton two lots on which to build. He further stated that he could only speak on behalf of the people who opposed the rezoning, and they did not understand why Mr. Cureton could not keep his business on one side of the street as it currently was.
In answer to a question by Mr. Landry, Mr. Vickers explained that the proposed buffer would be a 50' x 150' lot which the north line of Mr. Cureton's property would adjoin. Mr. Landry pointed out that the letter written by Mr. Cureton as referenced by Mr. Vickers earlier in the meeting did not stipulate if one suggestion would be carried out or both.
Mr. James Cureton, 120 Hebert Road, Lake Charles, then appeared before the Police Jury and stated that he had intended his suggestions to be on an "either or" basis. He explained that he did not think the aluminum slats would last very long, and he felt that a permanent wall would be there forever.
Mr. Landry stated that the stipulations as amended needed to reflect what Mr. Cureton would actually be required to do. In accordance with Mr. Vickers' recommendation, Dr. Mackey amended his amendment offered earlier in the meeting (that Mr. Cureton's suggestions as contained in his letter be made part of the stipulations) and that an additional stipulation be added to the stipulations outlined by the Planning and Zoning Board requiring that an 8' wooden fence be installed on the north side of the property.
A roll call vote was then taken on the motion as amended, which was to approve Zoning Case RZ03-035-01 which was a request by Custom Metal to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow expansion of business (laydown yard) on Leger Road in Ward Three, Police Jury District 9 with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that a fence be installed around the property; and (3) that an 8' wooden fence be installed on the north side of the property.
The result of the roll call vote was as follows:
YEAS: Mr. Andrepont, Mr. Breaux, Mr. Clement,
Mr. Danahay, Mr. Derbonne, Mr. Kleckley, Mr. Landry, Dr. Mackey, Mr. Manuel,
Mr. McMillin, Mr. Moon, and Mrs. Treme
NAYS: Mrs. August and Mr. Collins
ABSENT: None
NOT VOTING: President Griffin
The vote being twelve (for) to two (against),
President Griffin declared the motion as having carried; whereupon, the
following ordinance was adopted:
ORDINANCE
NO. 4330
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of
Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A
request by Custom Metal to rezone from A-1 (Agricultural) to I-1 (Light
Industrial) to allow expansion of business (laydown yard) on the property
described as: Lots 8 & 9 of Blk 1 Lillie Batieste Partition. Tract
"I-2" of the Partition of a portion of Lot Twenty-three (23) of Dees
and Foster Subdivision of the E/2 of S30 and a portion of the NE/4 of S31,
T10S, R8W, Calcasieu Parish, Louisiana, as per Plat attached to Partition
recorded in Plat Book 30 at Page 25, records of Calcasieu Parish, Louisiana.
Tract "I-2" also described as: Commencing at a point 300.0 feet S of
the SW corner of Hebert Street and Ledger Street and the W line of Ledger
Street; thence Southwardly 100.0 feet along the W line of Ledger Street; thence
N 89 degrees 51 minutes and 36 seconds W, 150.0 feet; thence N 43 degrees 18
minutes 36 seconds W, 138.08 feet; thence S 89 degrees 51 minutes and 36
seconds E, 246.27 feet to the poc.
BE IT ORDAINED BY THE POLICE JURY OF
CALCASIEU PARISH, LOUISIANA,
convened in regular session on the 20th day of December, 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 A-1 (Agricultural) to I-1 (Light
Industrial) to allow expansion of business (laydown yard) with the following
stipulations: 1) that the development adhere to the site plan on file with the
Division of Planning and Development; 2) that a fence be installed around the
property; and 3) that an 8' wooden fence be installed on the north side of the
property; on the property described as: Lots 8 & 9 of Blk 1 Lillie Batieste
Partition. Tract "I-2" of the Partition of a portion of Lot
Twenty-three (23) of Dees and Foster Subdivision of the E/2 of S30 and a
portion of the NE/4 of S31, T10S, R8W, Calcasieu Parish, Louisiana, as per Plat
attached to Partition recorded in Plat Book 30 at Page 25, records of Calcasieu
Parish, Louisiana. Tract "I-2" also described as: Commencing at a
point 300.0 feet S of the SW corner of Hebert Street and Ledger Street and the
W line of Ledger Street; thence Southwardly 100.0 feet along the W line of
Ledger Street; thence N 89 degrees 51 minutes and 36 seconds W, 150.0 feet;
thence N 43 degrees 18 minutes 36 seconds W, 138.08 feet; thence S 89 degrees
51 minutes and 36 seconds E, 246.27 feet to the poc.
Zoning Case RZ03-035-01
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. Vickers advised that no action was needed on the next item on the agenda relative to SV04-011-01 which was a request by Allen D. Seal for a subdivision variance to allow residential development (manufactured home) without public road frontage on Smith Ferry Road in Ward Four, Police Jury District 3, due to the fact that the applicant had withdrawn the request. [It was noted that the Planning and Zoning Board had met on Tuesday, December 18, 2001, and recommended that its action on this request be considered at the Police Jury's regular meeting on January 3, 2002, and further, that said Board had voted 10 (against) to 1 (for) to recommend that the request be denied and that the manufactured home be removed from the premises within 30 days but that should the Police Jury grant the request, the Board recommended the following stipulations: (1) a private 20' wide servitude agreement must be obtained from the adjoining property owner and filed with the Clerk of Court; (2) permits must be obtained within 30 days; and (3) the manufactured home must be skirted within 60 days.]
President Griffin advised that no action was needed on this date relative to SV03-012-01 which was a request by John and Myrna Babineaux for a subdivision variance to allow residential development without public road frontage on Arsene LeBleu Road in Ward Three, Police Jury District Nine. President Griffin further advised that the Planning and Zoning Board had met on Tuesday, December 18, 2001, and recommended that its action on this request, be considered at the Police Jury's regular meeting on January 3, 2002. She also advised that said Board had voted unanimously to recommend that the request be denied but should the Police Jury grant the request, the following stipulations had been recommended: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that a maintenance agreement be filed with the Clerk of Court's office; and (3) that a multi-address sign must be posted at the intersection of Arsene LeBleu Road and Babineaux Lane within thirty (30) days of approval.
President Griffin advised that a report would be received at this time from the Administrative Staff with regard to the Police Jury's request of December 6, 2001, that they meet with Mr. Cedric Floyd of Data Center in Kenner, Louisiana, to devise a possible amendment to the reapportionment plan adopted by the Police Jury on November 15, 2001.
Mr. McMurry stated that a revised plan had been developed which basically shifted population into Districts 1 and 11 and out of Districts 2 and 4 as compared to the original reapportionment plan adopted by the Police Jury on November 15, 2001. He pointed out that these amendments had alleviated a minor problem with District 11 in that under the original plan, said district had been several hundred people short of the 5% below ideal range. Mr. McMurry also pointed out that also under the amended plan, the minority voting age population in District 2 had increased from the low 50-percentile range to 57%.
Mr. McMurry stated that he and Mr. Cedric Floyd (of Data Center in Kenner, Louisiana) had talked on several occasions, and he thought they both felt the plan being presented on this date was one which the Department of Justice would approve.
Mr. Kleckley stated that his feelings on the matter had not changed in the past couple of weeks, and while he enjoyed serving on the Police Jury with Mr. Collins, he felt everyone had plenty of time to address any concerns they might have had with the original plan between the time it was presented in August to the time it was approved on November 15th. He further stated that taxpayers' money had been used for publishing notices and holding public hearings regarding the plan, and the staff had spent many hours constructing said plan which he felt was the best plan.
President Griffin relinquished the chair to Vice-President Moon and stated that with all due respect to Mr. Kleckley, the issue at hand was not about Mr. Collins' seat on the Jury, nor about him being a juror, but was instead about the people whom Mr. Collins, Mrs. August, and she represented. President Griffin further stated that with reference to the staff and the time they had spent devising the original plan, that was what the Police Jury paid them to do and if the majority of the Police Jury said to "go back to the drawing board", it was the staff's job to do so. She also stated that she did not think that was a good excuse to not support the revised plan. President Griffin advised that she was pleased that Mr. McMurry had been kind enough to meet with Mr. Floyd to review the new proposal so that all of Calcasieu Parish would be represented. She stated that asking for a plan which would allow the possibility of a fourth black seat on the Jury was not asking for anything more than what they were due, and she asked that the record show that there was no law - parish, state or federal - that said there was a specific date to adopt a reapportionment plan, and the deadline for same was one which had been established by the Police Jury.
President Griffin advised that she had taken pleasure in accepting the original reapportionment plan as presented by the staff but after reviewing the data, it turned out to not be the best plan. She stated that the citizens represented by the black jurors should realize that they (the jurors) had stood firm in their commitment to do the right thing, and it would be wise for the Police Jury to accept the revised plan presented on this date.
President Griffin then reassumed the chair.
Mr. Derbonne stated that he realized the staff had put a lot of work into this matter and asked if the revised plan was the staff's final recommendation. Mr. McMurry responded that the staff had proposed the original plan because they felt it was the best plan, but if it was the desire of the Police Jury to amend said plan, he believed the revised plan did represent the best possible amendment to the original plan.
Mr. Derbonne asked Mr. McMurry if the revised plan was a better plan than the original. President Griffin stated she felt that question would only lead to trouble in that she did not think Mr. McMurry would want to admit that the staff's plan was not the best one.
Mr. McMurry stated that a better plan was "in the eye of the beholder" and that he felt the original plan was a good one. He further stated that the revised plan being presented on this date did address those factors brought up subsequent to approval of the original plan on November 15, 2001.
Mr. Derbonne asked if the revised plan would pass the requirements of the Department of Justice. Mr. McMurry stated that Mr. Floyd seemed to enjoy a closer relationship with the Department of Justice than he did, but he (Mr. McMurry) believed that Mr. Floyd had indicated that the revised plan would be approved by the Justice Department.
Motion was then made by Dr. Mackey and seconded by Mr. Andrepont that the revised reapportionment plan as presented on this date be preliminarily approved and that the proposed time line of events as presented by the staff also be approved as follows: December 21, 2001 through January 3, 2002 - public comment period (reapportionment population data and map to be displayed in the Office of the Administrator and posted on the Police Jury's web site); January 3, 2002 - Police Jury meeting with scheduled public hearing for consideration of comments received during the comment period as well as receipt of additional public input (with prior public notice in the official journal), and consideration of final approval of the revised reapportionment plan; January 21, 2002 - Police Jury submits reapportionment package to State of Louisiana offices and the U.S. Department of Justice for pre-clearance; January 21, 2002 through March 21, 2002 - time frame for U. S. Department of Justice pre-clearance.
President Griffin acknowledged Mr. Cedric Floyd as being present at the meeting on this date and for working with the administrative staff in preparing the revised plan. Mr. Floyd stated that he was present to address any concerns about the revised plan or the original plan.
Mr. Andrepont asked Mr. Floyd if he was satisfied with the revised plan, to which Mr. Floyd answered affirmatively.
A roll call vote was then taken on the motion on the floor as outlined heretofore, and the vote thereon was as follows:
YEAS: Mr. Andrepont, Mrs. August, Mr. Breaux,
Mr. Collins, Mr. Danahay, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. McMillin, and
Mr. Moon
NAYS: Mr. Clement, Mr. Derbonne, Mr.
Kleckley, and Mrs. Treme
ABSENT: None
NOT VOTING: President Griffin
The vote being ten (10) to four (4) in favor of the motion, President Griffin declared the motion as having carried.
Motion was made by Dr. Mackey, seconded by Mrs. August and carried unanimously that the Parish's budget for Fiscal Year 2002 be approved and adopted as recommended by the Budget Committee on December 6, 2001, following a public hearing held thereon, and in accordance with the Local Government Budget Act; whereupon, the following resolution and summary was adopted and approved:
RESOLUTION
A RESOLUTION adopting the Fiscal Year 2002 Annual Budget of the
Parish of Calcasieu, Louisiana, as submitted by the Parish Administrator and
Staff.
BE IT RESOLVED BY THE POLICE JURY OF
CALCASIEU PARISH, LOUISIANA, in
regular session convened on the 20th day of December, 2001, that:
Section 1. The Fiscal Year 2002 Annual Budget
of the Parish of Calcasieu, Louisiana, as submitted by the Parish Administrator
and Staff, is hereby adopted.
Section 2. Certification is hereby given that
all actions required by the Local Government Budget Act have been completed in
compliance with L.R.S. 39:1306.
Section 3. In accordance with L.R.S. 39:1304,
the Parish Administrator is authorized to make changes within various budget
classifications without approval of the governing authority.
THUS PASSED AND ADOPTED on this, the 20th day of December, 2001.
* * *
* * * * * * * * *
REVENUE/EXPENDITURE RECAP
ESTIMATED REVENUES/EXPENDITURES
|
|
|
|
|
|
|
Coroner's Office |
|
|
$ 375,590 |
|
|
Correctional Medical |
|
|
702,533 |
|
|
Registrar of Voters |
|
|
227,374 |
|
|
Correctional Services |
|
|
1,856,027 |
|
|
Facility Management |
|
|
2,352,727 |
|
|
Facility Management - Magnolia Life Building |
|
|
265,766 |
|
|
Office of Emergency Preparedness |
|
|
628,914 |
|
|
Creative Services |
|
|
162,361 |
|
|
County Agent |
|
|
199,608 |
|
|
Clerk of Court |
|
|
0 |
|
|
Assessor's Office |
|
|
2,500 |
|
|
Public Trust Authority Office |
|
|
750 |
|
|
City/Ward Courts |
|
|
497,743 |
|
|
Legislative |
|
|
374,218 |
|
|
Miscellaneous Grants, Etc. |
|
|
1,647,235 |
|
|
General Administration |
|
|
346,376 |
|
|
Weed & Grass Control |
|
|
35,000 |
|
|
Parish Promotion |
|
|
27,500 |
|
|
Cable Channel Access |
|
|
107,704 |
|
|
Total General Fund |
|
|
|
$ 9,809,926 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Criminal Court Fund: |
|
|
|
|
|
Jury & Witness (excludes intrafund trsf) |
|
$ 322,234 |
|
|
|
District Attorneys' Office |
|
3,009,481 |
|
|
|
District Judges' Office |
|
1,810,300 |
|
|
|
Sub-Total Criminal Court |
|
|
|
$ 5,142,015 |
|
Library Fund |
|
|
5,229,120 |
|
|
Office of Juvenile Justice Services: |
|
|
|
|
|
General Operations |
|
$ 3,147,783 |
|
|
|
Drug Court Program |
|
329,246 |
|
|
|
TASC Program |
|
285,603 |
|
|
|
Sub-Total OJJS: |
|
|
|
$ 3,762,632 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Health Unit Fund |
|
|
1,838,467 |
|
|
Division of Engineering/Public |
|
|
|
|
|
Engineering/Public Works Fund |
|
$ 12,504,468 |
|
|
|
Information Systems |
|
626,946 |
|
|
|
Enterprise Zone Rebate Fund |
|
800,075 |
|
|
|
Parks Fund |
|
536,368 |
|
|
|
Sub-Total Eng./Public Works |
|
|
|
$ 14,467,857 |
|
Mosquito Control Fund |
|
|
1,912,024 |
|
|
Animal Control Fund |
|
|
1,045,956 |
|
|
Planning & Development Fund |
|
|
1,032,438 |
|
|
Administrative Fund: |
|
|
|
|
|
Parish Administration |
|
$ 539,880 |
|
|
|
Division of Finance |
|
874,215 |
|
|
|
Human Resources |
|
305,652 |
|
|
|
Miscellaneous Grants |
|
1,027,000 |
|
|
|
Sub-Total Administrative Fund |
|
|
|
$ 2,746,747 |
|
Solid Waste |
|
|
3,931,011 |
|
|
Housing Fund |
|
|
2,204,563 |
|
|
W.I.B. Fund |
|
|
2,989,501 |
|
|
Office of Community Services |
|
|
3,552,042 |
|
|
Parish Road & Drainage Trust Fund |
|
|
1,541,555 |
|
|
Riverboat Fund |
|
|
7,871,628 |
|
|
Civilian Airport Fund |
|
|
15,030 |
|
|
Public Trust Residual Fund |
|
|
30 |
|
|
Calcasieu Parish Law Library |
|
|
68,777 |
|
|
Coliseum Tax Fund |
|
|
1,204,115 |
|
|
Riverboat Recreation Endowment Fund |
|
|
45,030 |
|
|
Library Debt Service Reduction Fund |
|
|
40,025 |
|
|
Delta Downs Gaming Fund |
|
|
100 |
|
|
Economic Development Fund |
|
|
25 |
|
|
SWLA Emergency Resp. Training Ctr. |
|
|
331,988 |
|
|
Project Impact Fund |
|
|
124,025 |
|
|
Total Special Revenue Funds |
|
|
|
$ 61,096,701 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Library Debt Service |
|
|
$ 1,285,945 |
|
|
1992 Sales Tax Debt Service Fund |
|
|
3,900,000 |
|
|
Coliseum Capital Improvements |
|
|
200,000 |
|
|
Total Debt Service Funds |
|
|
|
$ 5,385,945 |
|
|
|
|
|
|
|
|
|
|
|
|
|
1992 Sales Tax Fund |
|
|
$ 10,240,976 |
|
|
Public Works Capital Fund |
|
|
14,637,663 |
|
|
Courthouse Complex Capital Imp. |
|
|
2,850,970 |
|
|
Parks Capital Improvements Fund |
|
|
2,290,750 |
|
|
Multi-Purpose Center Fund |
|
|
36,050 |
|
|
Public Works Maintenance Facility | ||||
