February 20, 2002
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, February 20, 2002, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with The Honorable Enos Derbonne, President, presiding, and the following members present:
Mesdames Luvertha August, Elizabeth Conway Griffin, and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornelius "Cornie" Moon
Absent: Mr. Algie Breaux (out of town)
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, Mrs. Cheryl Heisser, Director of Human Resources, Mr. Jerry Milner, Director of Finance, Mr. Claude Smart, Parish Engineer, Mr. Allen Smith, Legal Counsel, Mr. Gerry Trahan, Director of Facilities Management, and Mr. Jim Vickers, Director of Planning and Development.
President Derbonne called the meeting to order, and the invocation was pronounced by Reverend John Bosman of Glad Tidings Church which was followed by the Pledge of Allegiance led by Mr. Kleckley. The roll was called with the result being as outlined above.
Mr. Kleckley read aloud the following proclamation issued in honor of Reverend Bosman and presented him with a framed copy:
PROCLAMATION
WHEREAS, Rev. John Bosman has served as Senior Pastor of the fast-growing Glad Tidings Church in Lake Charles since May of 1987 and under his leadership, the church has grown from fewer than 500 to a thriving congregation which now occupies a 3,500-seat, state-of-the-art worship center with 84 different ministries; and
WHEREAS, Rev. Bosman holds several distinguished positions in the Assembly of God ministry, and he has done much research on evangelism, church growth and church leadership, conducting many seminars in equipping spiritual leaders for their work of the ministry; and
WHEREAS, Rev. Bosman is author of several works and books, has a daily radio program, and a weekly television program which is broadcast throughout most of Louisiana and Southeast Texas, as well as Central and Southern Africa; and
WHEREAS, Rev. Bosman was very instrumental in the birth of Hamilton Christian Academy in Lake Charles which is currently in its 12th year of successful operation of which he serves as Chairman of the Board; and
WHEREAS, thousands of people annually have received food, clothing and prayer from an outreach ministry established under his leadership at Glad Tidings Church.
NOW, THEREFORE, I, Enos Derbonne, President of the Calcasieu Parish Police Jury, do hereby proclaim Friday, February 22, 2002, as
Pastor John Bosman Day
in the Parish of Calcasieu, State of Louisiana, in honor and appreciation of the positive impact his uplifting and powerful ministry has had on Southwest Louisiana.
/s/ Enos Derbonne, President
Calcasieu Parish Police Jury
* * * * * * * * * * * *
Pastor Bosman received a standing ovation, and he thanked the Police Jury for the honor bestowed upon him. He stated that he was, and always would be, proud to be a resident of Louisiana and Calcasieu Parish.
President Derbonne recognized the following elected officials who were present at the meeting on this date: Elcie Guillory, State Representative; Dan Cupit, Westlake City Council; Kenny Stinson, Vinton Town Council; Sheral "Cookie" LaVergne, Calcasieu Parish School Board; Mayor David Riggins, Town of Vinton; Patricia Hemphill, Sulphur City Council; Berk Fontenot, Calcasieu Parish School Board; and Raywood LeMaire, former Mayor of the Town of Vinton.
President Derbonne advised that no action was necessary on applications for liquor and beer permits due to the fact that no applications had been submitted.
Upon motion made by Mr. Andrepont which was duly seconded by Mrs. Griffin and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated January 17, 2002, were approved, and the reading of same was dispensed with.
Mr. Jeff Webb, a representative of the Toledo Bend Citizens Advisory Committee, appeared before the Police Jury with reference to the Sabine River Authority. He stated that the Sabine Parish Chamber of Commerce had conducted a survey which identified four major areas of concern, those being (1) lake level of Toledo Bend, (2) poor Sabine River Authority management, (3) roads, and (4) economic development. Mr. Webb further stated that all of these concerns had been addressed except for the issue related to Sabine River Authority management.
Mr. Webb then read aloud a resolution he asked the Police Jury to adopt, said resolution requesting the elected officials responsible for making appointments to the Sabine River Authority to review performance of the Authority members to determine if they were performing their duties and responsibilities to serve the best interests of the State and its citizens. The resolution also asked for the removal of any Authority members who were not performing at their best, that all future candidates be selected based on qualifications instead of politics, and that public recommendation and input be solicited prior to names being submitted to the Governor for appointments.
Mr. Webb closed by saying that the resolution had been adopted by the Sabine Parish Police Jury, the city councils of Many, Converse, and Zwolle, the South Toledo Bend Civic Association, the Toledo Bend Lake Association, and the Sabine Parish Chamber of Commerce.
Mrs. Treme advised that the Sabine River Authority was a result of a compact between the State of Texas and the State of Louisiana and that nominations for appointment were made by the Senators to the Governor who was responsible for making the appointments. She further advised that Calcasieu Parish had no input as to who served on the Sabine River Authority. Mrs. Treme pointed out that her father, the late Horace Lynn Jones, had the vision and had written the legislation in1948 to set up the Sabine River Authority, and she had been involved with this for many years.
Motion was then made by Mrs. Treme, seconded by Mr. Andrepont and carried unanimously that this matter be tabled in order to meet with the Calcasieu legislative delegation to obtain more information prior to a decision being made.
Mr. Harlan Duhon with the International Brotherhood of Electrical Workers (IBEW) appeared before the Police Jury at this time with reference to renovations to the Parish Government Building. He stated that of the 1000 members of the IBEW, approximately 200 of them were currently out of work and that there were jobs going on in the Parish and City for which they were not being hired. Mr. Duhon advised that he had recently met with some of the Police Jurors and Mr. McMurry to try and work out some of the problems so the electrical workers could all be on a "level playing field." He suggested that the staff look into the possibility of having better qualified people on Parish projects.
Motion was made by Mr. McMillin, seconded by Mrs. Treme and carried unanimously to direct the staff to draft a policy statement for consideration by the Police Jury in 30 days to include in Parish bid specifications a listing of minimum qualifications and certifications for electrical workers who would be performing work on Parish projects.
In answer to a question by Mrs. August, Mr. McMurry explained that parish bid documents did include stipulations concerning State-allowed provisions such as a requirement to utilize 80% Louisiana and 50% Calcasieu Parish labor but that this did not include anything about certifications or qualifications of the individuals to perform the work.
Mrs. August asked Mr. Duhon if he was referring to qualified electricians whom the Parish's contractor on the Parish Government Building renovation project had not hired. Mr. Duhon stated that he was more concerned about future projects and what could be done to secure his people a job in a safe working environment.
Mr. Manuel stated that he felt that it would save the contractors some money by having qualified people on the job because work would not have to be torn out and redone when it was incorrectly done in the first place.
Mrs. Griffin stated that she supported the union and asked Mr. McMurry if the Police Jury had the authority to tell a contractor working on a parish construction job whom to hire. Mr. McMurry stated that the Police Jury had authority to place in the contract documents requirements relating to residency, qualifications, certifications, etc., but that this could not be done after-the-fact or after the contract was awarded.
President Derbonne recognized Judge Billy Ezell of the Fourteenth Judicial District Court as being present in the audience on this date.
The hour being 6:00 p.m., President Derbonne advised that a public hearing would be held at this time, as a result of notice provided to the owner of properties described below, in accordance with Article II - Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, ordering said owners to show cause as to why the structures on said properties should not be condemned:
With reference to the first piece of property located at 4025 Thornton Street, Lake Charles area, Mr. Wes Crain, Assistant Director of Planning and Development, recommended that the house situated thereon be condemned and removed within thirty days.
President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mr. Manuel, seconded by Mrs. August and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 4343
AN ORDINANCE ordering demolition of one house on property located at 4025 Thornton Street (Lot 5 and E 14 ft Lot 6, Block 6, Airport Acres), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by Eddie Lee and Yoshiko Parham.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2002, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 4025 Thornton Street (Lot 5 and E 14 ft Lot 6, Block 6, Airport Acres), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by Eddie Lee and Yoshiko Parham, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 20th day of February, 2002, and is final unless appealed within five (5) days.
SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the second piece of property located at 405 Chenault Street, Sulphur area, Mr. Crain advised that no action was necessary due to the fact that the house situated thereon had been removed.
With reference to the third piece of property located at 1525 Michigan Avenue, Mossville area, Mr. Crain recommended that the house situated thereon be condemned and removed in sixty days.
President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation, and Mr. Randy Eglin of 4310 King Street in Westlake appeared before the Police Jury. He explained that the house was destroyed by fire and that the only reason it had not already been demolished was because he was still waiting on the insurance company to settle the claim.
Mr. Andrepont asked how long the negotiations with the insurance company had been going on, and Mr. Eglin stated that it had been approximately one year. He further stated that he had problems with the fire report and some problems proving ownership of the property.
President Derbonne asked if anyone else was present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously to adopt the following ordinance:
ORDINANCE NO. 4344
AN ORDINANCE ordering demolition of one house on property located at 1525 Michigan Avenue (Lot 12 Block 13 of Bel Air Subdivision), Mossville area of Ward Four, Calcasieu Parish, Louisiana, and owned by Randy Eglin.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2002, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 1525 Michigan Avenue (Lot 12 Block 13 of Bel Air Subdivision), Mossville area of Ward Four, Calcasieu Parish, Louisiana, and owned by Randy Eglin, be demolished and removed within sixty (60) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 20th day of February, 2002, and is final unless appealed within five (5) days.
SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within sixty (60) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the fourth piece of property located at 933 Lyons Avenue in the Sulphur area, Mr. Crain recommended that the house situated thereon be condemned and removed in thirty days. President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously to adopt the following ordinance:
ORDINANCE NO. 4345
AN ORDINANCE ordering demolition of one house on property located at 933 Lyons Avenue (Lot 16, Block 1, Dave Lyons Subdivision of 29.9.9), Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Alice Walter c/o Emma Ray Cooper.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2002, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 933 Lyons Avenue (Lot 16, Block 1, Dave Lyons Subdivision of 29.9.9), Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Alice Walter c/o Emma Ray Cooper, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 20th day of February, 2002, and is final unless appealed within five (5) days.
SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter
into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the
contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition.
Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in
accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of
Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the fifth piece of property located at 571 Goos Ferry Road in the Moss Bluff area, Mr. Crain recommended that the Police Jury exercise its rights under the provisions of Chapter 6, Article II, Section 6-18(d) of the Calcasieu Parish Code of Ordinances to condemn the structure wherein the notice requirements to the owner shall not apply when any building, dwelling or structure, or any part thereof, are in imminent danger of collapse and constitute a menace to public safety. It was noted that the owner of the property was notified and responded by requesting that the Police Jury proceed with the condemnation process. It was also noted that further research revealed that over 100 individuals were listed on the tax rolls as having an undivided interest in the property which would cost the Parish approximately $1,000.00 to notify each one individually by certified mail.
President Derbonne asked if there was anyone present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 4346
AN ORDINANCE ordering demolition of one house on property located at 571 Goos Ferry Road (Lots 2, 4, 5 and Lot 3 less W ½ NW lying N and W of Calcasieu River Sec 2.9.8 (325 acs m/l) SE SE lying N and E of Goos Bay of Calcasieu River 2.9.8 (14 acs m/l)), Moss Bluff area of Ward 1X, Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2002, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury to exercise its right under the Calcasieu Parish Code of Ordinances, Chapter 6, Article II, Section 6-18 (d), to condemn the following described property wherein the notice requirements to the owner shall not apply when any building, dwelling or structure, or any part thereof, are in imminent danger of collapse, and constitute a menace to public safety: therefore, it is hereby ordered that the house on property located at 571 Goos Ferry Road (Lots 2, 4, 5 and Lot 3 less W ½ NW lying N and W of Calcasieu River Sec 2.9.8 (325 acs m/l) SE SE lying N and E of Goos Bay of Calcasieu River 2.9.8 (14 acs m/l)), Moss Bluff area of Ward 1X, Calcasieu Parish, Louisiana, be demolished and removed immediately. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 20th day of February, 2002, and is final unless appealed within five (5) days.
SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed immediately, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the sixth piece of property located at 1829 West Prien Lake Road, Lake Charles area, Mr. Crain advised that no action was necessary due to the fact that the manufactured home situated on said property had been removed.
With reference to the seventh piece of property located on Cooley Road in the Sulphur area, Mr. Crain recommended that the manufactured home situated thereon be condemned and removed within thirty days.
President Derbonne asked if there was anyone present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mr. McMillin, seconded by Mrs. Griffin and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 4347
AN ORDINANCE ordering demolition of one manufactured home owned by Keith Laughlin, et ux, on property owned by Johnny Morgan and located at Cooley Road (Com 1268.66 ft S of NE cor Sec 11.8.10 th W 342.69 ft N 150 ft m/l to S side Rd SEly along S side Rd 375.57 ft to com), Sulphur area of Ward Six, Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2002, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home owned by Keith Laughlin, et ux, on property owned by Johnny Morgan, and located at Cooley Road (Com 1268.66 ft S of NE cor Sec 11.8.10 th W 342.69 ft N 150 ft m/l to S side Rd SEly along S side Rd 375.57 ft to com), Sulphur area of Ward Six, Calcasieu Parish, Louisiana, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 20th day of February, 2002, and is final unless appealed within five (5) days.
SECTION 2. If the manufactured home on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home was situated for the cost of demolishing and removing said manufactured home, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the manufactured home, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the eighth piece of property located at 844B Cooley Road in the Sulphur area, Mr. Crain recommended that the manufactured home situated thereon be condemned and removed within thirty days. President Derbonne asked if there was anyone present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mr. McMillin, seconded by Mrs. Griffin and carried unanimously to adopt the following ordinance:
ORDINANCE NO. 4348
AN ORDINANCE ordering demolition of one manufactured home on property located at 844 B Cooley Road (Com 1268.66 ft S and 342.69 ft W of NE cor 11.8.10, th W 342.69 ft, N 301.69 ft m/l to S side Rd SEly along S side of Rd 375.57 ft to pt N of Com, S 150 ft m/l to com), Sulphur area of Ward Six, Calcasieu Parish, Louisiana, and owned by Jack Kelly Johnson.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2002, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home on property located at 844 B Cooley Road (Com 1268.66 ft S and 342.69 ft W of NE cor 11.8.10, th W 342.69 ft, N 301.69 ft m/l to S side Rd SEly along S side of Rd 375.57 ft to pt N of Com, S 150 ft m/l to com), Sulphur area of Ward Six, Calcasieu Parish, Louisiana, and owned by Jack Kelly Johnson, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 20th day of February, 2002, and is final unless appealed within five (5) days.
SECTION 2. If the manufactured home on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home was situated for the cost of demolishing and removing said manufactured home, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the manufactured home, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
President Derbonne advised that action was needed on Zoning Case RZ03-008-02 which was a request by Milton R. Crochet, et al, to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (two houses) on Airhart Road in Ward Three, Police Jury District 9. President Derbonne further advised that the Planning and Zoning Board had met on Tuesday, February 19, 2002, and voted nine (for) to one (against) to recommend that the request be granted. [It was noted that the applicant had a request (SV03-003-02) for approval of the above referred to development without public road frontage, and this case would go before the Public Works Committee on February 28, 2002, with final action by the Police Jury on March 7, 2002.]
Motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-008-02 be upheld and that the request to rezone be granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4349
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Milton R. Crochet, et al to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (2 houses) on the property described as: Com 120 feet W of the Southwest Cor of the East Lake Harbor Subdivision, Block D, S 21, T 11 S, R 9 W, Thence N 166 feet into a boat canal, Thence W 60 feet, Thence S 166 feet to the S line, Thence E 60 feet to the POC. Less vehicular and utility right of way on the S side thereof, records of Calcasieu Parish, Louisiana, together with all improvements situated thereon and Com 180 feet W of the SW Cor of the East Lake Harbor Subdivision, Block D, S21, T11S, R9W, Thence N 166 feet into a boat canal, Thence W 60 feet to the ICW, Thence S 166 feet to the S line, Thence E 60 feet to the POC. Less vehicular and utility right of way on the S side thereof, records of Calcasieu Parish, Louisiana, together with all improvements situated thereon.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2002, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Three of this parish:
From I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (2 houses) on the property described as: Com 120 feet W of the Southwest Cor of the East Lake Harbor Subdivision, Block D, S 21, T 11 S, R 9 W, Thence N 166 feet into a boat canal, Thence W 60 feet, Thence S 166 feet to the S line, Thence E 60 feet to the POC. Less vehicular and utility right of way on the S side thereof, records of Calcasieu Parish, Louisiana, together with all improvements situated thereon and Com 180 feet W of the SW Cor of the East Lake Harbor Subdivision, Block D, S21, T11S, R9W, Thence N 166 feet into a boat canal, Thence W 60 feet to the ICW, Thence S 166 feet to the S line, Thence E 60 feet to the POC. Less vehicular and utility right of way on the S side thereof, records of Calcasieu Parish, Louisiana, together with all improvements situated thereon.
Zoning Case RZ03-008-02
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/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Derbonne advised that action was needed on Zoning Case RZ04-002-02 which was a request by Gerald Boudreaux to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to replace an off-premise outdoor advertising sign on Interstate 10 in Ward Four, Police Jury District 12. President further advised that the Planning and Zoning Board had met on Tuesday, February 19, 2002, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the use is limited to the replacement of the off-premise outdoor advertising sign only; (2) that the development adhere to the site plan on file with the Division of Planning and Development; and (3) that the property revert to R-2 (Mixed Residential) within thirty (30) days of zoning approval.
It was moved by Mr. Andrepont, seconded by Mr. Clement and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-002-02 and to grant the request to rezone; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4350
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Gerald Boudreaux to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to allow an off-premise outdoor advertising sign on the property described as: Beg 294 ft 9" E and 136 ft N of E marker of LDH property line for school walk on N/S Edson Street in S/2 of the SE/4 3.10.10, th E 74 ft N 136 ft Etc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2002, 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 C-2 (General Commercial) to allow an off-premise outdoor advertising sign with the following stipulations: 1) that the use is limited to the replacement of the off-premise outdoor advertising sign only; 2) that the development adhere to the site plan on file with the Division of Planning and Development; and 3) that the property revert to R-2 (Mixed Residential) within thirty (30) days of zoning approval; on the property described as: Beg 294 ft 9" E and 136 ft N of E marker of LDH property line for school walk on N/S Edson Street in S/2 of the SE/4 3.10.10, th E 74 ft N 136 ft Etc.
Zoning Case RZ04-002-02
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/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Derbonne advised that action was needed on Zoning Case RZ03-001-02 which was a request by Lamar Advertising to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to replace an off-premise outdoor advertising sign on I-10 in Ward Three, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, February 19, 2002, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the use is limited to the replace of the off-premise outdoor advertising sign only; (2) that the development adhere to the site plan on file with the Division of Planning and Development; (3) that the property will revert to R-1 (Single Family Residential) in thirty (30) days; and (4) all underbrush should be removed from the site.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ03-001-02, and the request to rezone was granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4351
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Lamar Advertising to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to allow an off-premise outdoor advertising sign on the property described as: Commencing at the point of intersection of the S row line of Interstate Highway 10 and the W line of St. Mary's Street, in Calcasieu Parish, Louisiana, thence S along the W line of said St. Mary's Street 80 feet, thence Westerly 144 feet, thence N 80 feet to the S row line of said Interstate Highway 10, thence Easterly 144 feet to the point of commencement, being a portion of Lots 7 and 8, Block B; Scimemi Subdivision.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2002, 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 an off- premise outdoor advertising sign with the following stipulations: 1) that the use is limited to the replacement of the off-premise outdoor advertising sign only; 2) that the development adhere to the site plan on file with the Division of Planning and Development; 3) that the property revert to R-1 (Single Family Residential) within thirty (30) days of zoning approval; and 4) all underbrush should be removed from the site; on the property described as: Commencing at the point of intersection of the S row line of Interstate Highway 10 and the W line of St. Mary's Street, in Calcasieu Parish, Louisiana, thence S along the W line of said St. Mary's Street 80 feet, thence Westerly 144 feet, thence N 80 feet to the S row line of said Interstate Highway 10, thence Easterly 144 feet to the point of commencement, being a portion of Lots 7 and 8, Block B; Scimemi Subdivision.
Zoning Case RZ03-001-02
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/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Derbonne advised that no action was necessary on Zoning Case RZ04-030-01 which was a request by the Calcasieu Parish Planning and Zoning Board to rescind case RZ04-030-01, a request by Vern Johnson to rezone from C-1 (Light Commercial) to A-1 (Agricultural) to allow residential development (manufactured home) on Choupique Road in Ward Four, Police Jury District 13, due to the fact that the petitioner was now in compliance. [It was noted that on September 20, 2001, the Police Jury approved the rezoning request, but the petitioner had failed to comply with the stipulation that the manufactured home be skirted within ninety (90) days of zoning approval; therefore, the Board recommended that the property revert to C-1 (Light Commercial) and that the manufactured home be removed from the property within thirty (30) days.]
It was moved by Mrs. Griffin, seconded by Mr. Clement and carried unanimously to adopt the following resolutions:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by James Corporation of Opelousas, Inc. to clear, grade and deposit fill within a 52-acre area, for the expansion of an existing hot-mix asphalt plant. Preliminary determinations have shown that a total of approximately 8.0 acres of jurisdictional wetlands and tidal mud flats will be permanently impacted from the expansion project. Phase I of the proposed project will include the clearing and leveling of approximately 4.0 acres of wetland areas and Phase II shall include the leveling of an additional 4.0 acres of jurisdictional wetlands and the installation of 4,000 linear feet of bulkheading along Bayou D'Inde. The fill operation for the proposed expansion includes the deposition of approximately 80,000 cubic yards of native material to be excavated and redeposited from onsite locations. Said project is located in Calcasieu Parish, Sections 7 and 8, Township 10 South, Range 9 West, off of Bayou D'Inde, approximately 5.0 miles westerly from Lake Charles, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of James Corporation of Opelousas, 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 all necessary permits are 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 20th day of February, 2002, that it does hereby indicate no objection to the proposal of James Corporation of Opelousas, Inc. to clear, grade and deposit fill within a 52-acre area, for the expansion of an existing hot-mix asphalt plant. Preliminary determinations have shown that a total of approximately 8.0 acres of jurisdictional wetlands and tidal mud flats will be permanently impacted from the expansion project. Phase I of the proposed project will include the clearing and leveling of approximately 4.0 acres of wetland areas and Phase II shall include the leveling of an additional 4.0 acres of jurisdictional wetlands and the installation of 4,000 linear feet of bulkheading along Bayou D'Inde. The fill operation for the proposed expansion includes the deposition of approximately 80,000 cubic yards of native material to be excavated and redeposited from onsite locations. Said project is located in Calcasieu Parish, Sections 7 and 8, Township 10 South, Range 9 West, off of Bayou D'Inde, approximately 5.0 miles westerly from Lake Charles, 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.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by Mr. Frank A. Wood to install and maintain a wharf for private recreational use. The proposed structure is to be located within an area about 140 feet long and 24 feet wide, extending lengthwise from an existing bulkhead. Said project is located in Prien Lake, southern shore, near Lake Charles, Louisiana, in Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Frank A. Wood 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 20th day of February, 2002, that it does hereby indicate no objection to the proposal of Mr. Frank A. Wood to install and maintain a wharf for private recreational use. The proposed structure is to be located within an area about 140 feet long and 24 feet wide, extending lengthwise from an existing bulkhead. Said project is located in Prien Lake, southern shore, near Lake Charles, 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.
Motion was made by Mr. Clement, seconded by Mrs. Griffin and carried unanimously that the President of the Police Jury be authorized to execute the necessary documents for acquisition of right-of-way from Ramus R. Vincent, Dennis Paul Bergeron and Adrine Gail Dronet Bergeron, Edward Marcantel and Virginia Daigle Marcantel, and Donald Marcantel and Eileen Ruth Martin Marcantel on Walker Road in Ward Four.
Motion was made by Mr. Clement, seconded by Mrs. Griffin and carried unanimously that the President of the Police Jury be authorized to execute the necessary documents for donation of right-of-way from Holy City Community, c/o Edward McNally, on Welcome Road in Ward One.
Upon motion made by Mr. Clement, which was duly seconded by Mr. Andrepont and carried unanimously, the following resolution was adopted:
RESOLUTION
A RESOLUTION OBLIGATING FUNDS TO LAND AND WATER CONSERVATION FUND PROJECT NO. 22-00830.
WHEREAS, the Calcasieu Parish Police Jury, Region 5, is interested in acquiring lands and/or developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of said Calcasieu Parish and the State of Louisiana; and
PROJECT TITLE AND DESCRIPTION: Intracoastal Park Acquisition Project No. 22-00830
The Calcasieu Parish Police Jury will acquire a developed park site of 17.5 acres located in a remote part of western Calcasieu Parish from a private oil company and install a L&WCF sign.
WHEREAS, any wiring covered in the project, or wiring done in the future on this site, will be placed underground.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby agree to obligate the funds or services stipulated below to satisfactorily complete the following project and thus become eligible for Land and Water Conservation Fund financial aid of 50% of the estimated or actual allowable cost, at the completion of said project. The Police Jury also states that sufficient funds are on hand, as of this date, to fund said project.
BE IT FURTHER RESOLVED that such project and funds or services are authorized as follows:
TOTAL EST. TOTAL EST. TOTAL EST. SPONSOR'S COST BREAKDOWN
COST FEDERAL SPONSOR'S CASH SERVICES
$195,618 $97,809 $97,809 $97,809 ---
BE IT FURTHER RESOLVED that the Calcasieu Parish Police Jury is hereby authorized and directed to make application to the Louisiana Office of State Parks, Division of Outdoor Recreation, to seek federal financial assistance on this project for them.
BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to take the necessary action to complete such project and execute all documents related thereto.
BE IT FURTHER AND FINALLY RESOLVED that this resolution and plan approved by the Police Jury be forwarded to the Louisiana Office of State Parks for the purpose of obtaining such financial aid.
THUS DONE AND PASSED by unanimous vote on the date above inscribed.
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It was moved by Mrs. Griffin, seconded by Mr. Moon and carried unanimously to accept the following bids for purchase of vehicles, said bids having been received by the Parish Purchasing Agent on February 19, 2002:
One (1) 2002 one-half ton extended cab pickup truck for use by the Division of Engineering and Public Works (Inspection)
Accept the bid of Bolton Ford, Inc. in the amount of $15,344.00
Two (2) 2002 rubber tire (4x2) hydraulic telescopic excavators for use by the Division of Engineering and Public Works
Accept the bid of Scott Construction Equipment Company, LLC in the amount of $365,850.00
One (1) 2002 regular cab pickup truck with mounted herbicide spray system for use by the Division of Engineering and Public Works (Vegetation Division)
Accept the bid of Bolton Ford, Inc. in the amount of $43,216.00
One (1) 2002 extended cab pickup truck for use by the Division of Engineering and Public Works (Road Division)
Accept the bid of Allstar Pontiac GMC Truck, Inc. in the amount of $17,260.00
One (1) 2002 extended cab pickup truck for use by the Division of Engineering and Public Works (Parks Maintenance)
Accept the bid of Allstar Pontiac GMC Truck, Inc. in the amount of $17,480.00
One (1) 2002 pickup truck (larvicide truck) for use by the Mosquito Control Department
Accept staff recommendation to defer action until March 7, 2002
One (1) 2002 one-half ton extended cab pickup truck for use by the Mosquito Control Department (Shop Supervisor)
Accept staff recommendation to defer action until March 7, 2002
Three (3) 2002 one-half ton pickup trucks for use by the Mosquito Control Department (spray trucks)
Accept staff recommendation to defer action until March 7, 2002
One (1) 2002 pickup truck for use by the Mosquito Control Department (Rodent Control)
Accept staff recommendation to defer action until March 7, 2002
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 authorize the Parish Administrator to send a letter to the Louisiana Office of Community Development withdrawing the Parish's participation in the 1999 Community Development Block Grant Program with regard to the expansion of the Mossville sewer system, and further, authorizing the Division of Planning and Development to submit a new application for this sewer system expansion upon receipt of additional funds from the State Capital Outlay Program.
President Derbonne advised that reports would be received at this time from staff, legal counsel, and McNeese professors concerning the proposed location of the Choctaw Indian Casino in Vinton. He stated that the police jurors would be given an opportunity to ask questions after the presentation, followed by questions and/or comments from the audience. President Derbonne stated that no derogatory remarks would be allowed and asked that all speakers not be repetitive in their comments. Also, he recognized Mayor Fred Ashy of Kinder and Mayor Buddy Henagan of DeQuincy as being present in the audience on this date.
Mr. McMurry stated that on January 28, 2002, a letter was received from the Bureau of Indian Affairs of the U.S. Department of the Interior asking for comments from the Police Jury relative to the proposed acquisition by the U.S. government of 40 acres to be held in trust for the use and benefit of the Jena Band of Choctaw Indians for the purpose of Class III gaming, hotel and housing. Mr. McMurry also stated that on February 7, 2002, the Police Jury had adopted a resolution relative to this request for comments which commissioned an economic impact study by professors Michael Kurth and Daryl Burckel of McNeese State University to analyze not only the impact of such a facility on the existing gaming market but also on the Calcasieu Parish economy in general of such a casino near the Texas border. Mr. McMurry further stated that the resolution also requested a copy of the compact signed by Governor Mike Foster with the Jena Band of Choctaw Indians. He pointed out that prior to that time, no one had seen a copy of the compact but since then, a copy had been received and that he and Mr. Smith and other local officials had reviewed it. Mr. McMurry asked that Dr. Kurth and Dr. Burckel present the study at this time and advised that the Port of Lake Charles, the Industrial Development Board and The Chamber Southwest had all agreed to pay a portion of the cost of said study.
Dr. Burckel then appeared before the Police Jury and stated that the study examined how various market segments would be affected by the proposed Choctaw casino and considered several different scenarios. He further stated that the study's general conclusions were that casino revenue and spending associated with casinos in Southwest Louisiana were likely to increase but if Pinnacle canceled its plans to build a casino resort complex in south Lake Charles, there could be a net loss of over 800 jobs in the Parish. Dr. Burckel advised that the greatest impact would be on tax revenue and depending on what Pinnacle did, the State stood to lose between $32 million and $55 million a year in taxes while local governments could lose between $7 and $17 million a year in taxes, while the proposed Indian casino would contribute approximately $14 million in State taxes and $5 million in local government taxes.
Dr. Burckel stated that the proposed Choctaw casino would cause major disruptions and relocations within Southwest Louisiana, and many jobs would be transferred from the Kinder and Lake Charles areas to the area around Vinton and across the border into Texas. He pointed out that although some of those who became unemployed might accept jobs at the Choctaw casino and relocate, others would not. Dr. Burckel advised that local businesses would also feel the impact, pointing out that a number of hotels, restaurants, gas stations and other businesses had sprung up or expanded around Kinder and Lake Charles to meet the needs of the new casino industry, and they would not be situated to serve the market in Vinton. He further advised that the Port of Lake Charles would be adversely affected if Pinnacle canceled its plans but that perhaps the greatest impact would be on the Coushatta Indian Tribe which had been developing the casino it operated north of Kinder with an approximate loss of 30% ($70 million) decline in casino revenue.
Dr. Burckel stated that he believed that competition was essential but that the Indian casinos did not play on a level playing field in that they paid no taxes, had no limit on the number of gaming devices they could have or the space they were allowed. He then turned the floor over to Dr. Kurth to further expand on some of the study's findings.
Dr. Kurth stated that he had worked toward the approval of slot machines at Delta Downs during both elections that were held because he felt it would benefit the Town of Vinton, the horse industry, and would be good for the Parish as a whole. He further stated that he believed in competition in the gaming industry and that it would "grow the market" but that the Choctaw casino was different in that nothing limited the size of the facility because Indian land was not regulated, and they did not have to ask anybody for permission or hold an election.
Dr. Kurth also stated that the playing field was not level and that taxes were not equal. He pointed out that the riverboats pay 25-30% of their gross revenues and that the Indian casino would be required to pay only 6% of their net revenues or approximately 1.8% of their gross. Dr. Kurth further stated that he did not feel the addition of slot machines at Delta Downs would hurt the business at the riverboats but, instead, would spur the race track and surrounding area on to economic development.
Dr. Kurth pointed out that one of the original goals was for the Southwest Louisiana area to become a gaming destination such as Biloxi, Mississippi. He advised that the surrounding area had the potential and a much larger gaming market than Biloxi, yet Biloxi was drawing people from Florida, Georgia, Tennessee, etc., because they had developed the gaming infrastructure, i.e., golf, theaters, etc., to attract people.
Dr. Kurth pointed out that Pinnacle's application for the 15th riverboat license had been approved by the Louisiana Gaming Control Board on the condition that said company implement every portion of their proposal as submitted to the Board and, therefore, it was not possible for Pinnacle to scale back their operation to account for the sudden introduction of a competing operation of the size being proposed by the Choctaws, which he said might make Pinnacle cancel its plans to develop a casino in Lake Charles. Dr. Kurth also expressed his opinion that with the competition of traffic stopping at the Texas border, two of the four existing riverboats might be eliminated which would result in a loss of 350 - 400 jobs, as well as associated tax revenues. He stated that this would mean Lake Charles would then have two boats with a revenue of $75 - $80 million per year marketing to local patrons, similar to the current situation in Baton Rouge, which would not allow the needed gaming infrastructure to develop and would subsequently end the dream of ever making Lake Charles a gaming destination.
Dr. Kurth stated that the addition of slot machines at Delta Downs had "filled the glass" for the Town of Vinton from half-full to full but that if the Choctaw casino became a reality, the glass would overflow. He further stated that a lot of jobs and business would be taken from Lake Charles into Texas, and he asked the people of Vinton to consider the total impact of the proposal on all of Calcasieu Parish.
Dr. Burckel emphasized that comparing the Choctaw's payments with the tax rates of the non-Indian casinos might be misleading because the Choctaw's rate was based on net revenue less operating expenses, whereas non-Indian casinos were based on their gross revenue. He explained that assuming the Choctaw's expenses were 70% of their gross revenue, 6% of their net revenue (to local government) would be equivalent to 1.8% of gross revenue, and the 15.5% of their net revenue they would be required to pay to the State (under the compact signed by Governor Foster) would be equivalent to 4.65% of their gross revenue.
With reference to the foregoing and in answer to a question by Mr. Kleckley, Dr. Kurth stated that the only expenses which could not be included in their operating expenses was their management fee.
Mrs. August expressed her appreciation of the study performed by Dr. Burckel and Dr. Kurth, particularly for explaining it in layman's terms. She stated that she felt most of the people she had talked to realized that the issue was not simply an "east versus west" (of the Calcasieu River) issue but that it was more about the loss of tax revenues.
Mr. Moon concurred with Mrs. August and stated he would like to know what the total loss in jobs in Calcasieu Parish would be if the Choctaw facility became a reality. Dr. Kurth explained that he and Dr. Burckel had looked at several different scenarios with respect to this question. He stated that if all existing operators would stay in place after the Choctaw casino opened, which he felt was an extremely optimistic scenario, there would be approximately 900 to 1100 additional jobs in the Vinton area out of the 3000 jobs that would be created by the opening of the new casino, and the jobs lost to Texas workers would have to be taken into account. Dr. Kurth further explained that if the scenario was used whereby Pinnacle did not build its facility or some of the existing riverboats left, that would mean a loss of 400 - 800 jobs.
In answer to a question by President Derbonne with respect to the economic impact on Orange, Texas, Dr. Burckel advised that it would experience the benefits of people staying at the hotels in Orange, employees cashing checks, etc. He pointed out that the riverboats governed by the Louisiana Gaming Control Board were required to meet certain guidelines pertaining to minority employment while the Indian casinos were not.
Dr. Kurth stated that because non-Indian casinos had to get voter approval, they valued their employees' votes and tended to hire more employees locally because they could vote in local elections, unlike Indian casinos which were not affected by these dynamics.
Mrs. Treme pointed out that Delta Downs was required by law to hire 80% Louisiana residents, and she thought they hired an even greater percentage than required. She asked how the results of the study would have come out if the researchers had been paid by the Town of Vinton to do a study on the impact the Choctaw casino would have on Wards 4, 5, 6 and 7. Dr. Kurth responded by saying that this information was in the current study and that while it would definitely have a positive impact in employment and spending in those areas referenced by Mrs. Treme, similar to the Coushatta casino in Kinder, it also would have a negative impact on taxes in those areas.
There being no further comments relative to the study, Mr. McMurry advised that a copy of the compact signed by the Governor had been received, and Mr. Smith would discuss the different options for action by the Police Jury. Copies of two draft resolutions were distributed, one expressing formal opposition to the purchase of the property by the U. S. Government for the use of the Jena Band of Choctaw Indians, and the other voicing formal opposition to the approval of the compact.
Mr. Smith advised that the review of the compact by the Bureau of Indian Affairs was limited to (1) whether it violated federal law, and (2) whether it was of benefit to the Indian tribe. He further advised that the Bureau would approve or reject the compact within 45 days, or it would do nothing and at the end of the 45 days, the compact would be deemed as having been approved. Mr. Smith stated that he had talked with one of the attorneys at the Bureau, and he had told her of some of the concerns regarding the compact, and he had been advised that while the Police Jury could provide comments, there was no official comment period. Mr. Smith further stated that he had told her that there was some legal concern that perhaps the compact as signed by the Governor was one in which he had exceeded his legislative authority and, therefore, the compact was not valid. He advised that the attorney had told him that she had been made aware of this position by other sources, and she had told him that the most appropriate place to register opposition would be with the real estate arm of the transaction since it had in its authority the purchase of the property using tax money and holding it in trust for the initial reservation of the Jena Band of the Choctaw Tribe. Mr. Smith explained that the purchase called for an administrative study by the Bureau of Indian Affairs to determine the impact of the real estate transaction on a community and its environment which he believed to be not only germane to the issue but crucial to any comment the Police Jury would wish to make.
Mr. Smith advised that he had spoken with attorneys representing the Port of Lake Charles, the City of Lake Charles, and several in Washington, D.C. who were experts in the area of Indian gaming, and it was his opinion that there was a serious question as to whether the Governor had the legislative authority to sign the compact because the law that gave him that authority stipulated that an Indian tribe must possess the land affected by such compact as of July 23, 1990. Mr. Smith pointed out that the Jena Band of the Choctaw Indians had only been recognized in 1994 as an Indian tribe and did not even now have an initial reservation.
Mr. Smith further advised that the second question was whether or not the compact was valid because it did not require a public referendum, and he felt this was in conflict with the amendment to the Louisiana Constitution which provided that no new gaming could be allowed unless approved by a public referendum. Mr. Smith further advised that several United States Supreme Court and federal court decisions had held that the federal Indian gaming regulatory act could not dictate that a governor of a state sign a compact to allow what was otherwise illegal activity. Mr. Smith explained that most of these cases had come about as a result of tribes wanting Class III gaming in states where only Class I or Class II was allowed.
Mr. Smith advised that the Police Jury had several options for a course of action, those being: (1) to make formal opposition to the Bureau of Indian Affairs relative to the real estate transaction and the approval of the compact; (2) to authorize a meeting with the Governor to make known to him a legal position of questioning his authority to sign the compact; and/or (3) to take some sort of action to try and stop the authorization process for the compact in order to prevent any further action toward taking land into trust for the Indian tribe.
Mr. Smith pointed out that in most cases where Indian tribes were seeking gaming approval, they were not site specific but that this was not the case in this particular instance, and he questioned the compact being site specific.
Mr. Kleckley stated that he was still confused in that the Jena Band of Choctaw Indian Tribe owned land in Grant Parish but yet they wanted to establish a casino in Calcasieu Parish. He asked why they did not want to have their casino in Baton Rouge, Shreveport, New Orleans, Mississippi, or Morgan City, the latter of which had been touted in the past year and a half as having so much to offer. Mr. Kleckley further stated that with the information that had been received, he felt the Police Jury had a responsibility to the citizens of Calcasieu Parish to utilize its legal resources and not "roll over and play dead." He pointed out that the Indian casino would displace millions of dollars of revenue, put a severe strain on infrastructure, and put a stop to economic development.
Motion was then made by Mr. Kleckley and seconded by Mr. Landry to adopt the resolutions distributed earlier in the meeting, one expressing formal opposition to the purchase of the property by the U. S. Government for the use of the Jena Band of Choctaw Indians, and the other voicing formal opposition to the approval of the compact.
Mrs. Griffin stated that of the three possible courses of action outlined by Mr. Smith previously in the meeting, she favored taking legal action, pointing out that she did not think writing a letter or meeting with the Governor would do much good and that she felt it was insulting that this matter was causing so many problems for the people of Calcasieu Parish.
Mr. Smith advised that one of the problems in litigating an administrative agency was that the courts require that all administrative remedies or proceedings be exhausted first.
Mrs. August stated that she and everyone she had talked to were concerned about who was backing this tribe that seemingly had nothing -no land or money - and they could not fathom how they could be doing what they were attempting to do when the Coushatta tribe had to detail everyone and everything involved in their operation. Mrs. August asked if anyone knew who was backing the Jena tribe, to which Mr. Smith stated that he knew nothing except what had been rumored and that the answer to her question was not referred to in any of the official correspondence or papers.
Mrs. Treme stated that there were differences of opinion on this issue and that she was elected by the Town of Vinton and Ward Seven, therefore, she was going to support them and the Indian casino. Mrs. Treme pointed out that while the Police Jury's efforts were not meaningless, the final decision in this matter would be made in Washington.
Mr. Moon said that he felt it was not that the Police Jury opposed anyone in Vinton, but that it resented the fact that an entity could come in and disrupt the economy of the Parish and usurp the authority of its governing body.
Mr. Clement stated that what concerned him the most was the precedent the Police Jury was setting in taking action economically against a certain portion of the Parish. He advised that the Town of Vinton did not have the same amenities as the City of Lake Charles did and that all they were doing was trying to help themselves. Mr. Clement stated that he particularly had a problem with the legal action being proposed more than anything else, because he did not feel that was the avenue to take. He added that the riverboat casinos had plenty of money to fight this issue, and he did not know why the Police Jury had to be involved in it.
Mr. Joe Cironi, President of The Chamber Southwest Louisiana, appeared before the Police Jury on behalf of the Chamber and its Board of Directors. He stated that The Chamber was concerned about the overall economy of Southwest Louisiana, not any given municipality or any given side of the Calcasieu River. Mr. Cironi further stated that never in his 25 years of being involved in economic development had he been faced with a project of the size of the proposed casino that would decrease taxes. He also stated that it was his assumption that if those taxes were decreased, the citizens of Calcasieu Parish and the municipalities would continue to expect the same level of services from the Parish and from the State. Mr. Cironi stated that because of the tax structure, the majority of funding for these services would come from the business community which he represented.
Mr. Cironi pointed out that in answer to the question raised earlier about "why Calcasieu Parish?", the reason was that the Indian casino could "stop gap" the visitors from Houston and San Antonio, and it could "stop gap" any success Calcasieu Parish had in the gaming industry. Mr. Cironi also pointed out that if Pinnacle and the Indian casino both became a reality, the State would still lose $18 million in taxes, but he felt the most realistic scenario would be that Pinnacle would not build its casino if the Indian casino was built, since Pinnacle would have to compete with an entity that stop gapped the market and at the same time did not have to pay any taxes.
Mr. Cironi spoke of the "siphon effect" in which lost revenues would result in downsizing with a potential loss of 800 - 900 jobs and an associated payroll of approximately $21 million, as well as the probability of losing two of the four existing riverboats, for a total loss to the State of $41 million. Mr. Cironi pointed out that this would also mean a loss in revenue to the Calcasieu Parish School Board, McNeese State University, and various other governmental and public entities.
Mr. Cironi closed by saying that the Board of Directors of The Chamber Southwest Louisiana had voted unanimously that if it was determined that the proposed Indian casino would decrease revenues, jobs, etc., they would stand "shoulder to shoulder" to oppose said project.
A vote was then taken on the motion on the floor which was to adopt the resolutions distributed earlier in the meeting, one expressing formal opposition to the purchase of the property by the U. S. Government for the use of the Jena Band of Choctaw Indians, and the other voicing formal opposition to the approval of the compact. The vote thereon was as follows:
YEAS: Mr. Andrepont, Mrs. August, Mr. Collins, Mr. Danahay, Mrs. Griffin, Mr. Kleckley, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. McMillin, and Mr. Moon
NAYS: Mr. Clement and Mrs. Treme
ABSENT: Mr. Breaux
NOT VOTING: President Derbonne
The vote being eleven (for) to two (against), President Derbonne declared the motion as having carried; whereupon, the following resolutions were adopted:
RESOLUTION
WHEREAS, the Calcasieu Parish Police Jury has been formally requested by the United States Department of the Interior, Bureau of Indian Affairs, for comments relating to the Bureau's consideration of an application for acquisition of land by the United States to be held in trust for use and benefit of the Jena Band of Choctaw Indians; and
WHEREAS, it is the understanding of the Police Jury that the proposed use of this land by the Jena Band of Choctaw Indians would be for Class III Gaming, Hotel and Housing; and
WHEREAS, the land under consideration is a 40-acre tract lying within the Town of Vinton in Calcasieu Parish; and
WHEREAS, the Police Jury is appreciative of the opportunity to offer comments on an issue of such significance, and is mindful of the importance of having such comments grounded on sound analysis and factual information; and
WHEREAS, to that end, the Police Jury authorized at its regular meeting on February 7, 2002, the commissioning of an economic impact study by economics professors at McNeese State University, the purpose which would be to analyze the impact, not only on the existing gaming market in Calcasieu Parish but on the Calcasieu Parish economy in general, of such an Indian casino located near the Texas border; and
WHEREAS, the results of the study indicate massive adverse economic impact on Southwest Louisiana, in general, and Calcasieu Parish, in particular, with such adverse impact being in the form of a projected net loss of between 414 and 839 jobs from Southwest Louisiana to neighboring areas of Southeast Texas, with a payroll of between $10.5 million and $21 million, and a projected net loss of between $53 million and $72 million in tax revenue annually by the state and local taxing entities; and
WHEREAS, the study also projected that the Coushatta tribe's casino operation near Kinder, Louisiana, would suffer at least a 30% reduction in gaming revenues which is equivalent to $70 million and an employment loss of approximately 700 jobs; and
WHEREAS, the Parish received a letter from the Real Estate Services Division of the Bureau of Indian Affairs, confirming that the Police Jury has until March 1, 2002, to comment on this matter; and
WHEREAS, the Police Jury only recently learned from news media that the State of Louisiana, without public knowledge, had executed a compact agreement with the Jena Choctaw Indian tribe on January 16, 2002, and submitted the compact on January 24, 2002, to the Bureau of Indian Affairs for approval;
WHEREAS, pursuant to our request to the Governor's Office in our resolution adopted on February 7, 2002, we have received a copy of said compact and reviewed same;
WHEREAS, it appears from the results of the economic study and legal analysis, that the purchase and placement in trust of property in the Town of Vinton in Calcasieu Parish, Louisiana, for the purpose of locating Class III Gaming, Hotel and Housing, by the Jena Band of Choctaw Indians is not in the best interest of the citizens of Calcasieu Parish and may fail to meet all criteria for consideration for the intended purpose;
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, meeting in regular session on the 20th day of February, 2002, that it hereby formally express strong opposition to the purchase of the property currently under consideration in Calcasieu Parish for placement in trust on behalf of the Jena Band of Choctaw Indians for the purpose of Class III Gaming, Hotel and Housing.
BE IT FURTHER RESOLVED that the President of the Police Jury, the Parish Administrator, and the Parish Legal Counsel are hereby authorized to take all necessary steps to communicate and present this formal opposition to the Bureau of Indian Affairs, as well as all other appropriate parties, within the official comment period.
BE IT FURTHER RESOLVED that, because additional action by the Parish, if warranted, to further define and carry out the effect of the Parish's opposition on this issue, is likely to be necessary on short notice, the President of the Police Jury is specifically authorized, after consultation with the Parish Administrator and the Parish Legal Counsel, to initiate, on behalf of the Police Jury, any necessary and appropriate legal action to further the intent of this formal opposition including authorization for payment of fees for consultation relating to the legal issues involved in this matter.
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RESOLUTION
WHEREAS, the Calcasieu Parish Police Jury has been formally requested by the United States Department of the Interior, Bureau of Indian Affairs, for comments relating to the Bureau's consideration of an application for acquisition of land by the United States to be held in trust for use and benefit of the Jena Band of Choctaw Indians; and
WHEREAS, it is the understanding of the Police Jury that the proposed use of this land by the Jena Band of Choctaw Indians would be for Class III Gaming, Hotel and Housing; and
WHEREAS, the land under consideration is a 40-acre tract lying within the Town of Vinton in Calcasieu Parish; and
WHEREAS, the Police Jury only recently learned from news media that the State of Louisiana, without public knowledge, had executed a compact agreement with the Jena Choctaw Indian tribe on January 16, 2002, and submitted the compact on January 24, 2002, to the Bureau of Indian Affairs for approval; and
WHEREAS, in contrast to the request of the Bureau of Indian Affairs for comments from the Parish on the land acquisition portion of this issue, there is no formal comment period relative to the Bureau of Indian Affairs consideration of, or action on, the compact; and
WHEREAS, pursuant to our request to the Governor's Office in our resolution adopted on February 7, 2002, we have received a copy of said compact and reviewed same; and
WHEREAS, after legal review of the compact, it appears that there may be significant legal impediments to the validity of said compact;
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, meeting in regular session on the 20th day of February, 2002, that it hereby formally express strong opposition to the approval of the compact currently under consideration on behalf of the Jena Band of Choctaw Indians to locate in Calcasieu Parish, Louisiana, for the purpose of establishing facilities to operate Class III Gaming, Hotel and Housing.
BE IT FURTHER RESOLVED that the President of the Police Jury, the Parish Administrator, and the Parish Legal Counsel are hereby authorized to take all necessary steps to communicate and present this formal opposition to the Bureau of Indian Affairs, as well as all other appropriate parties, prior to March 9, 2002.
BE IT FURTHER RESOLVED that, because additional action by the Parish, if warranted to further define and carry out the effect of the Parish's opposition on this issue, is likely to be necessary on short notice, the President of the Police Jury is specifically authorized, after consultation with the Parish Administrator and the Parish Legal Counsel, to initiate, on behalf of the Police Jury, any necessary and appropriate legal action to further the intent of this formal opposition including authorization for payment of fees for consultation relating to the legal issues involved in this matter.
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There being no further business, motion was made by Mr. Moon, seconded by Dr. Mackey and carried unanimously that the meeting be adjourned.
Enos Derbonne, President
S. Mark McMurry, Administrator &
Ex-Officio Secretary