July 18, 2002
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, July 18, 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 Elizabeth Conway Griffin and Sandra J. Treme; and Messrs. Francis Andrepont, Algie Breaux, Brent Clement, Mike Danahay, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornelius "Cornie" Moon
Absent: Mrs. Luvertha August and Mr. Calvin Collins
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, and Mr. Jim Vickers, Director of Planning and Development.
President Derbonne called the meeting to order, and the invocation was pronounced by Mr. Danahay which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.
Mr. Manuel introduced Mr. Guy Bradberry who was recently named State Father of the Year and who was a candidate for Family Court Judge. Mr. Manuel stated that Mr. Bradberry was very active in the Moss Bluff community and was always lending a hand when help was needed. Mr. Manuel also introduced Mr. Bradberry's son, Andrew, who had written the essay which had resulted in Mr. Bradberry being named State Father of the Year.
Mr. Andrew Bradberry appeared before the Police Jury and stated that he had written the essay because he felt his father deserved to win the title. He spoke of the close relationship he and his father shared and of his appreciation for his father.
Mr. Guy Bradberry then appeared before the Police Jury and thanked Mr. Manuel and the jurors for recognizing him. Mr. Bradberry stated that it was an honor for him to have been selected State Father of the Year and pointed out that 18,000 students had participated in the essay contest. He also thanked his son, Andrew, and spoke of how much he meant to him.
Mr. Bradberry advised that he had served as Magistrate for the court system for the past eleven years, and he felt it had been his ministry because each day he made a difference in a child's life. Mr. Bradberry asked the members of the Jury for their prayers and for their support in his campaign for Family Court Judge.
Motion was made by Mr. Andrepont, seconded by Mr. Moon and carried unanimously that the following applications for liquor and beer permits be approved, contingent upon receipt of notification of transfer of ownership from the applicant for the establishments in Ward Seven:
WARD III
Big Easy Po-Boy & Grill, Inc.
Larry Thomas - Pres.
BIG EASY PO-BOY
7795 Lake Street
Lake Charles, LA 70605 Liquor & Beer $135.00
(Enos Derbonne's District)
WARD VII
Jalou Magic, LLC *
Reid M. Smith - Executive VP
NEVADA MAGIC TRUCK STOP
2334 Hwy. 109 South
Vinton, LA 70668 Liquor & Beer $75.00
(Brent Clement's District)
Jalou Magic, LLC *
Reid M. Smith - Executive VP
NEVADA MAGIC CASINO
2334 Hwy. 109 South
Vinton, LA 70668 Liquor & Beer $135.00
(Brent Clement's District)
Jalou Downs, LLC *
Reid M. Smith - Executive VP
DELTA TRUCK PLAZA
2263 Old Hwy. 90
Vinton, LA 70668 Beer - Pkg. $25.00
(Brent Clement's District)
Jalou Downs, LLC *
Reid M. Smith - Executive VP
DELTA DOWNS MOTOR INN
2267 Old Hwy. 90
Vinton, LA 70668 Liquor & Beer $135.00
(Brent Clement's District)
Jalou Downs, LLC *
Reid M. Smith - Executive VP
DELTA SEAFOOD & STEAKHOUSE
2261 Old Hwy. 90
Vinton, LA 70668 Liqour & Beer $135.00
(Brent Clement's District)
TOTAL REMITTANCE: $640.00
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It was moved by Mr. Manuel, seconded by Mrs. Treme and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated June 20, 2002, and the reading of same was dispensed with.
Motion was made by Mr. Manuel, seconded by Mrs. Treme and carried unanimously that a recommendation be made to the Planning and Zoning Board that the Comprehensive Zoning Ordinance Chart A be amended to remove a dwelling for a resident watchman or caretaker employed on the premises as a permitted use and provide that this use may be permitted as an exception by the Planning and Zoning Board in all commercial zoning districts.
With regard to the foregoing, Mr. Manuel explained that the current ordinance allowed a caretaker's trailer on all projects, regardless how small, and the revision would change that to allow them only on industrial projects. Mr. Vickers pointed out that the Planning and Zoning Board would need to hold a public hearing on the matter, and then it would need to be subsequently approved by the Police Jury.
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Breaux and carried unanimously, the following ordinance was adopted:
ORDINANCE NO. 4388
AN ORDINANCE rescinding Ordinance No. 3212, adopted by the Police Jury on December 6, 1990, which ordered demolition of the building or structure on property described as Lot 15 of Treasure Land Subdivision, in Ward Three, and owned by Mr. John D. Douglas.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of July, 2002, that it does hereby rescind Ordinance No. 3212, adopted by the Police Jury on December 6, 1990, which ordered demolition of the building or structure on property described as Lot 15 of Treasure Land Subdivision, in Ward Three, and owned by Mr. John D. Douglas, since said improvements have been removed.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
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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It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously to adopt the
following ordinance:
ORDINANCE NO. 4389
AN ORDINANCE rescinding Ordinance No. 3356, adopted by the Police Jury on September 3, 1992, which ordered demolition of the building or structure on property described as beginning at the Southwest Corner of Lot 8 of Raymond Smith Heirs Partition in Section 12, Township 11 South, Range 9 West, thence North 431.3 feet to the Northwest Corner of Lot 7, thence East 165 feet; thence South 431.3 feet to public road right-of-way, thence West 165 feet to beginning, in Ward Three, and owned by Betty Francis Bernard.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of July, 2002, that it does hereby rescind Ordinance No. 3356, adopted by the Police Jury on September 3, 1992, which ordered demolition of the building or structure on property described as beginning at the Southwest Corner of Lot 8 of Raymond Smith Heirs Partition in Section 12, Township 11 South, Range 9 West, thence North 431.3 feet to the Northwest Corner of Lot 7, thence East 165 feet; thence South 431.3 feet to public road right-of-way, thence West 165 feet to beginning, in Ward Three, and owned by Betty Francis Bernard, since said improvements have been removed.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
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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Upon motion made by Dr. Mackey, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolutions were adopted:
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. John Vanhoose, II, to dredge a boat slip and install and maintain a bulkhead and fill for bank stabilization. The proposed work and structures are to be located within an area about 128 feet long and 25 feet wide, extending lengthwise approximately parallel to the mean low water shoreline, the outer edge to be about 25 feet landward therefrom. The dredging operation shall consist of the removal of 74 cubic yards of material which is to be hauled off site. The fill operation shall consist of the deposition of approximately 100 cubic yards of hauled-in material behind the bulkhead to provide bank stabilization. Said project is located in an unnamed canal off the Calcasieu River, southwest bank, in Section 21, T10S-R9W, near Lake Charles, Louisiana, in Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. John Vanhoose, II 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 18th day of July, 2002, that it does hereby indicate no objection to the proposal of Mr. John Vanhoose, II, to dredge a boat slip and install and maintain a bulkhead and fill for bank stabilization. The proposed work and structures are to be located within an area about 128 feet long and 25 feet wide, extending lengthwise approximately parallel to the mean low water shoreline, the outer edge to be about 25 feet landward therefrom. The dredging operation shall consist of the removal of 74 cubic yards of material which is to be hauled off site. The fill operation shall consist of the deposition of approximately 100 cubic yards of hauled-in material behind the bulkhead to provide bank stabilization. Said project is located in an unnamed canal off the Calcasieu River, southwest bank, in Section 21, T10S-R9W, 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.
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 Mr. Orvis Tully to install and maintain a bulkhead and fill for erosion control and bank stabilization. The proposed work and structures are to be located within an area about 179 feet long and 27 feet wide, extending lengthwise approximately parallel to the mean low water shoreline, the outer edge to about 27 feet channelward therefrom. The fill operation shall consist of approximately 1,023 cubic yards of hauled in material which is to be deposited behind the bulkhead. The proposed project is located in the West Fork Calcasieu River, Section 11, Township 9 South, Range 9 West, in Westlake, Louisiana, in Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Orvis Tully 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 18th day of July, 2002, that it does hereby indicate no objection to the proposal of Mr. Orvis Tully to install and maintain a bulkhead and fill for erosion control and bank stabilization. The proposed work and structures are to be located within an area about 179 feet long and 27 feet wide, extending lengthwise approximately parallel to the mean low water shoreline, the outer edge to be about 27 feet channelward therefrom. The fill operation shall consist of approximately 1, 023 cubic yeards of hauled-in material which is to be deposited behind the bulkhead. The proposed project is located in the West Fork Calcasieu River, Section 11, Township 9 South, Range 9 West, in Westlake, Louisiana, in Calcasieu Parish.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project's effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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Motion was made by Mr. McMillin and seconded by Dr. Mackey that an ordinance be adopted amending the Calcasieu Parish Code of Ordinances to repeal the current idle speed/no wake zone adjacent to Sam Houston Jones State Park.
An amendment to the motion on the floor was offered by Mr. Manuel and seconded by Mr. Breaux that the repeal of the current idle speed/no wake zone adjacent to Sam Houston Jones State Park be made effective in 45 days in order to give the State, which was responsible for such matters, sufficient time in which to determine what would need to be done to protect the Park and its users.
Mr. Smith advised that there were specific provisions of law that gave the State the absolute, exclusive right to regulate operation of motorboats and that all political subdivisions were prohibited from regulating water craft except for speed limits on waterways under their jurisdiction. Mr. Smith further stated that in essence, a no wake zone was a speed limit, and he felt there was a potential for civil liability on the part of the Police Jury with the no wake zone at Sam Houston Jones State Park. He pointed out that the State owned the waterway and the water bottom, as well as the park, and it was his legal opinion that the Police Jury should get out of the business of regulating the speed limit along this state-owned park, since the State was responsible for that and for its enforcement. Mr. Smith stated that he did recommend giving the State some period of time to set its own speed limits if it chose to do so and to hold a public hearing for all interested parties if that was required.
Mr. McMillin asked Mr. Manuel to change his amendment to reflect a delay of 30 days instead of 45 days, and Mr. Manuel agreed to do so. Mr. Breaux, as second of the motion offering the amendment, had no objection to this change. Mr. McMillin stated that while he had no problem with no wake zones around parish boat launches, he had never been in favor of the one at Sam Houston Park.
Mr. Smith further recommended that immediate notification be provided to the Louisiana Department of Wildlife and Fisheries and State Representative Vic Stelly, inviting them to "make haste" in developing regulations pertaining to this issue. In answer to a question by Mr. Andrepont, Mr. Smith stated that he felt 30 days was adequate.
A vote was taken on the amendment to the motion that the repeal of the current idle speed/no wake zone adjacent to Sam Houston Jones State Park be made effective in 30 days in order to give the State, which was responsible for such matters, sufficient time in which to determine what would need to be done to protect the Park and its users. The vote on the amendment carried unanimously.
Ms. Tamberly Kerr, 105 Sutherland Road, Moss Bluff, Assistant Manager of Sam Houston Jones State Park, appeared before the Police Jury and stated that she had obtained 400 signatures on a petition to leave the no wake zone in place which she felt was overwhelming support for the no wake zone. Ms. Kerr presented a packet of information to each juror explaining positive factors of the no wake zone such as safety, reduction in erosion, etc. She stated that preservation of the serenity of the park was an issue for all patrons. Ms. Kerr stated she would prefer 45 days instead of 30 to give the State sufficient time to look at these issues.
Mr. McMurry suggested that the petition which Ms. Kerr referred to be given to Representative Stelly and the Louisiana Department of Wildlife and Fisheries to encourage the State to establish a no wake zone. Mr. McMurry pointed out that he did not think there was opposition to a regulation but a question as to what agency should do the regulating.
Mr. Manuel offered his assistance in setting up a meeting with the appropriate State officials as soon as possible. Mr. Manuel reminded the jurors of the important role Sam Houston Jones State Park served insofar as a "tourist draw" and the recreational opportunities provided to the citizens of the Parish. He advised that approximately 130,000 persons visited the parks annually, and the park had an economic impact close to $2 million. Mr. Manuel stated that he felt a no wake zone would only enhance visitation to the park and that canoeing and kayaking could be expanded.
Mr. Manuel stated that he preferred a period of 45 days before the no wake zone was cancelled so that appropriate measures could be taken by State officials.
Mr. Robert Buquoi of the Office of State Parks, Post Office Box 44426, Baton Rouge, appeared before the Police Jury and in answer to a question by Mr. McMurry, stated that there were other State facilities which had no wake zones which were enforced by the State. He also stated that his office worked with local police juries to establish no wake zones.
Mr. McMurry stated that while the Police Jury may have to accept some exposure to liability around Parish facilities, perhaps the Parish should not be exposed potential liability in conjunction with a State owned and operated facility.
In answer to a question by Mr. Moon, Mr. Buquoi responded that to gear up for establishment and enforcement of its own no wake zone, the State would need 45 days in order to comply with normal purchasing procedures insofar as receiving bids for buoys, signage, etc. Mr. Buquoi stated that the State had appreciated the fruits of the Parish's no wake zone, and he was almost sure that the State would implement one and perhaps even expand it.
Mr. McMillin advised that officials with the park had not asked for the no wake zone when it was originally implemented but it was instead requested in 1992 by the Calcasieu Parish Sheriff's Department when they requested one for the I-210 Beach/Israel LaFleur Park. Mr. McMillin stated that he thought it was a bad ordinance when it was originally adopted, because it put the Parish in the position of regulating speed on the river, and he truly believed that less government was better government. Mr. McMillin advised that he had constituents across the river from the area in which the no wake zone was in effect who were very opposed to it, and he did not want a no wake zone. He stated that he would "rally the troops" to oppose it, because he did not feel it was a good thing.
Mr. Buquoi stated that regulations helped the State promote safety and provide more recreational opportunities. He further stated that there was a place for high speed boats, and he felt it could be done without having them in the 3200' section running in front of Sam Houston Jones State Park.
Mr. McMillin responded by saying that safety and erosion were of a very high priority for him also but that sometimes a reduction in speed caused a bigger wake and thus contributed to safety and erosion problems.
Mr. Breaux stated that he felt the jurors should listen and follow the advice given earlier in the meeting by the Police Jury's legal counsel, Mr. Smith, and he called the question on the motion on the floor.
A roll call vote was then taken on the motion as amended which was that an ordinance be adopted amending the Calcasieu Parish Code of Ordinances to repeal the current idle speed/no wake zone adjacent to Sam Houston Jones State Park, and further, that the repeal be made effective in 30 days in order to give the State, which was responsible for such matters, sufficient time in which to determine what would need to be done to protect the Park and its users. The vote thereon was as follows:
YEAS: Mr. Andrepont, Mr. Breaux, Mr. Clement, Mr. Danahay, Mrs. Griffin, Mr. Kleckley, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. McMillin, Mr. Moon, and Mrs. Treme
NAYS: None
ABSENT: Mrs. August and Mr. Collins
NOT VOTING: President Derbonne
The vote being unanimously in favor of the motion as amended, President Derbonne declared the motion as having carried; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4393
AN ORDINANCE amending Chapter 20 - Recreation, Article III. Boats and Boat Launch Areas, Division 1. Generally, Sec. 20-156 (f), of the Code of Ordinances of Calcasieu Parish, Louisiana, to eliminate the "idle speed/no wake zone" on the West Fork of the Calcasieu River adjacent to Sam Houston Jones State Park.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of July, 2002, that it does hereby amend Chapter 20 - Recreation, Article III. Boats and Boat Launch Areas, Division 1. Generally, Sec. 20-156 (f), of the Code of Ordinances of Calcasieu Parish, Louisiana, in its entirety as follows:
SECTION 1. Sec. 20-156 (f).
Any person exceeding idle speed and/or causing a wake as set forth above shall be punished as provided in Sec. 1-9 of this Code.
BE IT FURTHER ORDAINED that this ordinance shall become effective the 18th day of August, 2002.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 18th day of July, 2002.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary
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Upon motion made by Mr. Breaux, which was duly seconded by Mrs. Griffin and carried unanimously, the following ordinance was adopted:
ORDINANCE NO. 4390
AN ORDINANCE levying various ad valorem tax millages (maintenance tax millages) for 2002.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of July, 2002, that it does hereby levy the following ad valorem tax millages (maintenance tax millages) for 2002:
Courthouse and Jail Maintenance 3.62 mills
Criminal Justice System Maintenance 3.16 mills
Mosquito Control Maintenance 1.89 mills
Airport District No. 1 Maintenance .63 mill
Burton Coliseum & Agricultural Services Maintenance 1.52 mills
Health Unit Maintenance 2.48 mills
Juvenile Detention Maintenance 3.49 mills
Road and Drainage Maintenance 4.06 mills
Ward 4 Fire Protection District No. 4 Maintenance 8.65 mills
Waterworks District No. 5 of Wards 3 and 8 Maintenance 6.39 mills
Library Maintenance 5.99 mills
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
* * * * * * * * * * * *
Motion was made by Mr. Breaux, seconded by Mr. Clement and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 4391
AN ORDINANCE levying various ad valorem tax millages (general purposes tax millages) for 2002.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of July, 2002, that it does hereby levy the following ad valorem tax millages (general purposes tax millages) for 2002:
General Purposes Tax
Calcasieu Parish, except City of Lake Charles,
Town of Vinton, City of DeQuincy, City of
Sulphur, and City of Westlake 4.83 mills
General Purposes Tax
Calcasieu Parish within the corporate limits of
City of Lake Charles, Town of Vinton, City of
DeQuincy, City of Sulphur, and City of Westlake 2.41 mills
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 foregoing ordinances, Mr. McMurry advised that the millages were being renewed at the same rate as in 2001.
It was moved by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously to adopt the following ordinance:
ORDINANCE NO. 4392
AN ORDINANCE levying various ad valorem tax millages (sinking tax millages) for 2002 for the purpose of paying the principal and interest due in 2003 on all outstanding bonds of the respective entities.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of July, 2002, that it does hereby levy the following ad valorem tax millages (sinking tax millages) for 2002 for the purpose of paying the principal and interest due in 2003 on all outstanding bonds of the respective entities:
Library Sinking 1.05 mills
Ward 4 Fire Protection District No. 4 Sinking 9.50 mills
Sewerage District No. 11 of Ward 3 Sinking 4.60 mills
Waterworks District No. 5 of Wards 3 & 8 Sinking .30 mill
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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With reference to the foregoing ordinance, Mr. McMurry advised that the sinking fund millages were levied at only the rate needed to retire the annual payments on those bonds.
Motion was made by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of July, 2002, that it does hereby authorize the submittal of a letter, on behalf of Ward Four Fire Protection District No. Three, to the Governor's Office of Rural Development requesting that the district be allowed to utilize the recent $10,000 grant award for the purchase of various service and reserve service equipment rather than for radio equipment for newly-hired firefighters.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
It was moved by Mr. Breaux, seconded by Mrs. Griffin and carried unanimously to authorize the Parish Administrator to execute an agreement for the renewal of a lease with Southwest Louisiana Legal Services, a tenant and user of the Magnolia Building, in accordance with parameters established by the Police Jury Liaison Group for such purpose.
Upon motion made by Mrs. Griffin, which was duly seconded by Dr. Mackey and carried unanimously, the President of the Police Jury was authorized to execute the necessary documents for donation of right-of-way (joint services agreement) from the Calcasieu Parish School Board on Weaver Road in Ward Three (Calcasieu Parish Project No. 2002-04), in accordance with criteria established by the Police Jury and recommendation of the Parish Engineer.
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of July, 2002, that it does hereby submit to the State of Louisiana, Department of Transportation and Development, the following updated priority rating of railroad crossings for Highway Safety Funding Program 203:
PRIORITY RAILROAD ROUTE DOT NO.
1 SP Cleveland Road 768-141H
2 SP WPA Road 768-124S
3 SP Packing House Road 767-959B
4 SP Bayou D'Inde Road 768-087S
5 KCS Mike Hooks Road 329-411U
6 KCS Pete Manena Road 768-083P
7 KCS Pete Manena Road 329-639U
8 KCS Pete Manena Road 329-638M
9 KCS Pete Manena Road 329-637F
10 KCS Landry Street 329-421B
11 KCS Anthony Ferry Road 329-368R
12 KCS Bankens Road 329-367J
13 KCS Rigmaiden Cemetery Road 329-360L
14 KCS Holbrook Park Road 329-362A
15 KCS Miller Road 329-332H
16 LC Lincoln Road 869-611T
17 LC Lincoln Road 868-607D
18 LC Gauthier Road 869-615V
19 LC Tom Hebert Road 869-614N
20 LC Corbina Road 869-616C
21 LC Tank Farm Road 869-613G
22 LC Greathouse Road 869-612A
23 SP Davison Road 768-106U
24 SP Pak Tank Road 768-107B
25 SP Cooper Road 768-147Y
26 KCS Evergreen Drive 329-373M
27 KCS Church Street 329-351M
28 KCS Edgerly DeQuincy Road
29 SP Miller Road 768-133R
30 SP LeDoux Road 768-131C
31 SP Stegall Road 768-122D
32 KCS Bayou D'Inde Road
33 KCS Creek Road 329-350F
34 LC Nelson Road 869-630X
35 LC Lake Street 869-629D
36 LC Elliot Road 869-631E
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It was moved by Mr. Andrepont, seconded by Mr. Clement and carried unanimously to adopt the following resolution:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of July, 2002, that it does hereby approve an Agreement between the Police Jury, on behalf of Waterworks District No. Five of Wards Three and Eight, and Tyler-Roberts Realty Company, Inc. to install water service to Lake Fairway Estates, Phase 2, at an estimated project cost of $20,680.00 with Tyler-Roberts Realty Company paying $11,062.50 of said costs.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of July, 2002, that it does hereby approve a Partnership Agreement between the Police Jury (Police Jury) and the Calcasieu Parish Consortium Workforce Investment Board (Board) wherein said agreement will define the authority, roles, and responsibilities of the Police Jury and the Board, and to determine the procedures for developing the local workforce plan.
BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
President Derbonne advised that action was needed on approval of the Ambulance Regulatory Committee Report dated July 18, 2002. Mr. Manuel, Chairman of said committee, thanked the members of the committee and the staff for the hard work they had done in coming up with an ordinance which he felt was a "win win" situation for the citizens of Calcasieu Parish. He pointed out that the ordinance contained response times, penalties for failure to adhere to those response times, an ambulance tracking system, etc. Mr. Manuel also expressed his appreciation to the City of Lake Charles for adopting the provisions of the Parish's new ordinance.
Motion was made by Mr. Manuel, seconded by Mr. Breaux and carried unanimously that the Ambulance Regulatory Committee Report dated July 18, 2002, and all recommendations contained therein, be approved as follows:
AMBULANCE REGULATORY COMMITTEE REPORT
July 18, 2002
A meeting of the Ambulance Regulatory Committee was held at 4:00 p.m. on Tuesday, June 18, 2002, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with Mr. Don Manuel, Chairman, presiding and the following members present:
Mr. Chris Landry, Dr. Charles S. Mackey, Mrs. Sandy Treme, and Mr. Enos Derbonne
Absent: Mrs. Luvertha August
Also present were Mr. Francis Andrepont, Mr. Cornie Moon, Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Kathy P. Criglow, Mr. Richard Gremillion, and Mr. Allen Smith.
Said Committee:
(1) Recommended that the Calcasieu Parish Code of Ordinances be amended to reflect the approval of the official Response Time Zone Map, Schedule of Penalties for Violations, and Schedule of Rates, all of which are to be maintained in the Office of Emergency Preparedness.
(2) Recommended that a resolution be adopted authorizing the Police Jury to enter into a joint services agreement with the City of Lake Charles whereby the Police Jury will enforce its ambulance ordinance within the city limits of Lake Charles beginning August 1, 2002, as well as within the unincorporated areas of the Parish.
(3) Recommended that the period August 1 - December 31, 2002, be considered a trial period to establish effective enforcement procedures, with no fines for violations being levied by the Office of Emergency Preparedness during this trial period, and further, that beginning January 1, 2003, when permit renewals are due, that fines would be levied for ordinance violations.
(4) Recommended that the staff resume preparation of an ordinance calling for a Request-for-Proposal (RFP) process for a single provider of ambulance service outside of areas served by West Cal-Cam EMS, and further, that until such time that an RFP process is conducted, and a contract awarded to an ambulance provider, that the Police Jury extend its moratorium on the issuance of any new ambulance service permits.
There being no further business, Chairman Manuel declared the meeting to be adjourned.
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As a result of approval of the Ambulance Regulatory Committee Report as outlined heretofore, and the recommendations contained therein, the following resolution and ordinance were adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of July, 2002, that it does hereby approve a Joint Services Agreement between the Police Jury and the City of Lake Charles for the Police Jury to enforce its ambulance ordinance within the unincorporated areas of the Parish and within the city limits of Lake Charles.
BE IT FURTHER RESOLVED that enforcement of the ambulance ordinance will begin August 1, 2002, with a trial period of August 1 through December 31, 2002, to establish effective enforcement procedures.
THUS DONE AND PASSED on the date above inscribed.
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ORDINANCE NO. 4394
AN ORDINANCE amending Chapter 15 - Licenses and Miscellaneous Business Regulations, Article V. Private Ambulances, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of July, 2002, that it does hereby amend Chapter 15 - Licenses and Miscellaneous Business Regulations, Article V. Private Ambulances, of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:
SECTION I. Sec. 15-128. Ambulance service performance standards (b), is amended to read as follows:
Urban Zone: Less than or equal to eight (8) minutes.
Suburban Zone: Less than or equal to twelve (12) minutes.
Rural Zone: Less than or equal to twenty (20) minutes.
SECTION II. Sec. 15-134. Rates (a), is amended to read as follows:
(a) For emergency ambulance service rendered within the Parish, a schedule of rates has been adopted by the Police Jury on July 18, 2002, and is on file in the OEP. These rates may be adjusted annually in January of each year in a proportion equal to the change in the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers (All Items) during the previous twelve month period.
SECTION III. Sec. 15-135. Penalties for violations (a), is amended to read as follows:
SECTION VI. Sec. 15-135. Penalties for violations, is amended by including the following provision as follows:
(d) Any ambulance operator found to be in non-compliance with operational requirements or the approved rate schedule shall have fifteen (15) calendar days to correct the violation, or be subject to a fine of $100.00 per day for each day of non-compliance after the fifteen day deadline.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 18th day of July, 2002.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary
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President Derbonne advised that a report would be received at this time from the staff relative to federal grant funds currently designated for the Rose Bluff Bridge Project possibly being reallocated to the Cove Lane/Port Access Road Projects.
Mr. McMurry stated that most of the jurors were probably aware that for the past eight years, the Parish had a grant to build a new bridge crossing Bayou D'Inde (Rose Bluff Bridge Project) and to improve Pete Manena and Prater roads. He further stated that said proposed project had run into environmental problems, and the projected cost for same had escalated significantly. Mr. McMurry advised that the staff's recommendation on this date was to authorize the President of the Police Jury to forward a letter, in conjunction with the City of Lake Charles and the Port of the Lake Charles, to the members of the Calcasieu Congressional delegation requesting that they support the transfer of the federal grant funds from the Rose Bluff Bridge Project to two projects, Cove Lane and the Port Access Road Projects. Mr. McMurry explained that the exit at Cove Lane, which was the first exit off of Interstate 210 coming from the west into the City of Lake Charles, was scheduled for closure and would be closed unless it could be made safer. Mr. McMurry further explained that the second project was the Port Access road leading into the proposed Pinnacle Casino site off of West Prien Lake Road.
Mr. McMurry stated that if the transfer of funds was approved, the local (Parish) matching funding originally dedicated to the Rose Bluff bridge project would be used to immediately begin the process of improving Pete Manena Road which is a Parish responsibility, and was getting with the City of Sulphur to discuss improvements to Prater Road.
Motion was made by Mr. Breaux, seconded by Mr. Kleckley and carried unanimously that the staff's recommendation be approved and that the President of the Police Jury be authorized to forward a letter, in conjunction with the City of Lake Charles and the Port of Lake Charles, to the members of the Calcasieu Congressional delegation requesting that they support the transfer of the federal grant funds from the Rose Bluff (Bayou D'Inde) Bridge Project to two projects, Cove Lane and the Port Access Road Projects.
In answer to a question by Mr. Clement, Mr. McMurry explained that there were two issues involved with respect to Nelson Road: (1) the Nelson Road extension, or Port Access road, which would require another $18 million to ultimately complete, with a bridge over Contraband Bayou tying in to Sallier Road; and (2) the road coming off of West Prien Lake Road by the new Target store which would intersect with the Nelson Road extension, or Port Access Road. Mr. McMurry stated that both projects were involved in the transfer of funds and that they were considerably higher in cost because of the necessary purchase of right-of-way.
Mr. McMurry also explained that if the motion on the floor passed, the Parish would be taking its matching funds which would not have to be spent on the Rose Bluff Bridge Project and using them on other important projects. He pointed out that the Police Jury had gone on record in opposition to the closure of the Cove Lane exit and that the freeing-up of the matching funds would also allow funding for efforts to keep it open.
A vote taken on the motion on the floor carried unanimously.
Mrs. Treme was granted a point of personal privilege to remind everyone to vote on Saturday, July 20, 2002. She stressed the importance of the Police Jury proposition that would be on the ballot for renewal of the one and one-half cent sales tax which she said would provide funding to protect and maintain the roads that the Parish had spent over $80 million to construct since the passage of the tax in 1992.
Mrs. Treme also spoke of the possibility that the West Nile virus might be present in Calcasieu Parish to a fairly high degree based on discussions she had with Dr. Finley, a local veterinarian, who had four horses with it at his clinic. Mrs. Treme pointed out that the Calcasieu Parish Mosquito Control Department had done an awesome job, working 24 hours a day, in trying to treat the problem of this mosquito-borne virus, and she asked Mr. Lucas Terracina, Director of Mosquito Control, to do a full investigation of what cases had been confirmed in Calcasieu and surrounding parishes.
Mr. Terracina stated that he would and advised that to date, there had been only one confirmed case of the virus in a horse but that there were still samples being sent in for testing. He further stated that the biggest problem he was facing was that he was not getting information on a timely basis from the veterinarians, and if his department did not know what locations were suffering the problems, they did not know which areas to target. Mr. Terracina pointed out that it was the older mosquito populations (instead of the younger mosquito populations) that were causing the problems, because levels of the virus had to build up in a mosquito's system to be transmittable, and since this went against established premises of mosquito control, professionals were having to re-think established processes.
Upon motion made by Mr. Clement, which was duly seconded by Mrs. Treme and carried unanimously, the following resolution was adopted:
RESOLUTION
WHEREAS, there have been recent confirmed cases of the existence of the West Nile virus, a mosquito-borne virus that can cause encephalitis or meningitis, in Calcasieu Parish; and
WHEREAS, veterinarians have reported that horses in the Parish, particularly from Carlyss and the west Calcasieu area, have shown symptoms of a central nervous disorder that is similar to illnesses caused by West Nile virus, and it is possible that through more refined laboratory testing, there could be several confirmed positive tests in the next few days; and
WHEREAS, the Calcasieu Parish Mosquito Control Department has identified the particular species of mosquito in Calcasieu Parish which seems to be the main vector in spreading the virus as the Southern house mosquito which is normally associated with polluted stagnant water; and
WHEREAS, citizens have been urged by the Louisiana Department of Health and Hospitals, Office of Public Health, to take precautions against mosquito bites and to eliminate mosquito breeding sites around their houses and yards; and
WHEREAS, the Calcasieu Parish Mosquito Control Department is working diligently to suppress mosquito populations by utilizing both ground and aerial spraying, as well as providing inspection teams to focus attention in those areas indicating virus activity; and
WHEREAS, it would be of great benefit to the Calcasieu Parish Mosquito Control Department to receive information relating to laboratory test results which indicate a positive confirmation of the virus as quickly as possible in order to determine in which areas of the parish to more precisely focus.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of July, 2002, that it does hereby respectfully request that the confirmation process be expedited with respect to confirmation of the West Nile virus and that laboratory test results be forwarded to the Calcasieu Parish Mosquito Control Department as soon as possible so that efforts may be focused on those areas of the Parish where the need is most acute.
BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to the Louisiana Department of Health and Hospitals, Office of Public Health, and to the Louisiana Department of Agriculture, Office of Animal Health Services, to respectfully request the assistance of these State agencies and area veterinarians in this matter.
THUS PASSED, ADOPTED, AND APPROVED on the 18th day of July, 2002.
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Mr. Breaux and Mr. Manuel commended Mr. Terracina on the fine job he was doing, pointing out that several representatives of other parishes had made comments to them during the recent NACo convention in New Orleans about how well run the Calcasieu Parish Mosquito Control Department was and how it had helped other parishes set up programs.
Upon motion made by Mrs. Treme, which was duly seconded by Dr. Mackey and carried unanimously, the rules were suspended by a two-thirds majority vote to adopt the following resolution:
RESOLUTION IN MEMORIAM
WHEREAS, Almighty God in His Infinite Wisdom has seen fit to take Mr. Kevin M. Perron who served his community and Parish for many years through various activities; and
WHEREAS, a native of Davenport, Iowa, Mr. Perron was a resident of Calcasieu Parish since 1981; and
WHEREAS, Mr. Perron, a graduate of Victory Baptist Church Academy, was a very active member of the church and in high school was a member of the football team; and
WHEREAS, Mr. Perron was a corporal with the Calcasieu Parish Sheriff's Department and worked part-time for the Calcasieu Parish Police Jury Mosquito Control Department for the past year; and
WHEREAS, Mr. Perron was very active in Cub Scouts of America and will be remembered for his efforts and dedicated service, which resulted in the betterment of his community and Parish; and
WHEREAS, in his passing, the Parish of Calcasieu feels the loss of an outstanding citizen, and he will be sorely missed.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of July, 2002, that it does hereby express sincere regret in the passing of Mr. Kevin M. Perron.
BE IT FURTHER RESOLVED that this memorial shall be forwarded to the family of Mr. Perron in heartfelt sympathy and condolences and spread upon the official minutes of the Calcasieu Parish Police Jury.
THIS MEMORIAL IS ISSUED in loving and respectful memory of Mr. Kevin M. Perron on this, the 18th day of July, 2002.
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It was moved by Dr. Mackey, seconded by Mr. Manuel and carried unanimously to suspend the rules by a two-thirds majority vote to authorize the Parish Administrator to forward a letter to the Calcasieu Parish School Board in support of the Community Technology Center Project, a program which educates citizens on basic computer skills, wherein the Police Jury will provide in-kind services such as the referral of clients from Section Eight Housing Program and the Juvenile Drug Court Program, utilization of conference room space, and publicizing of said project in the Parish newsletter and web site.
In answer to a question by Mrs. Griffin, Mrs. Jennifer Wallace of the Division of Planning and Development stated that the Section Eight Housing Program would soon be opening its waiting list on August 5 - 9, 2002, and that now was the time to file an application for local assistance. Mrs. Wallace further stated that an article would be printed in the "Lake Charles American Press" informing the public.
President Derbonne asked Mr. McMurry to update the Police Jury on the upcoming sales tax election. Mr. McMurry advised that he and his staff had addressed several of the local civic groups and that some flyers had been distributed providing factual information about the tax. He further stated that in addition to maintenance of the roads already hardsurfaced, the tax would provide garbage collection with no fees in Wards 2 through 8, both inclusive, and funding of some "visionary" projects such as extending McNeese Street and Highway 108.
Mr. McMurry pointed out that as long as gaming revenues were sufficient to offset the difference, the tax would not be collected at the full one and one-half percent, but instead at one and one-quarter percent, which would save the taxpayers approximately $25 million over a ten-year period.
There being no further business, motion was made by Dr. Mackey, seconded by Mr. Manuel and carried unanimously that the meeting be adjourned.
Enos Derbonne, President
S. Mark McMurry, Parish Administator & Ex-Officio Secretary