October 17, 2002
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, October 17, 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, Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay, Chuck Kleckley, Chris Landry, Don Manuel, Hal McMillin, and Cornelius “Cornie” Moon
Absent: Charles S. Mackey, D.D.S.
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 the Office of Emergency Preparedness, Mrs. Cheryl Heisser, Director of Human Resources, Mr. Jerry Milner, Director of Finance, Mr. Claude Smart, Parish Engineer, Mr. Allen Smith of the firm of Plauche, Smith and Nieset, 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. Moon, which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.
President Derbonne recognized the following local officials who were present at the meeting on this date: Mr. Thomas Talbot, Iowa City Councilman, Mayor David Riggins of the Town of Vinton, Mr. Paul Rainwater, Director of Administration of the City of Lake Charles, Mr. Bill Emmons, Sulphur City Councilman, and Mr. Ray Hyatt, City Planner for the City of DeQuincy.
The following 2003 Trust Fund Awards from the Calcasieu Parish Road and Drainage Trust Fund Program were presented at this time:
City of DeQuincy – $43,420 for LA 12 HW Drainage. Mr. Ray Hyatt accepted the award on behalf of the City of DeQuincy.
Gravity Drainage District No. Four of Ward Three – $187,000 for Lateral-4/W-20. Board Member Reverend Ernest Walker accepted the award on behalf of the District.
Gravity Drainage District No. Five of Ward Four – $238,591 for Goss Ditch. Board Member Harvey Boyd accepted the award on behalf of the District.
Gravity Drainage District No. Eight of Ward One – $69,195 for Sam Houston High School Ditch. Board Member Louis W. “Peto” Sellers accepted the award on behalf of the District.
Town of Iowa – $83,610 for Lateral 14-B. City Councilman Thomas Talbot accepted the award on behalf of the City.
City of Lake Charles – $80,000 for Ihles Road. Mr. Paul Rainwater accepted the award on behalf of the City.
City of Sulphur – $200,000 for Maple Street. City Councilman Bill Emmons accepted the award on behalf of the City.
Town of Vinton – $68,000 for Street Improvements. Mayor David Riggins accepted the award on behalf of the Town.
Motion was made by Mr. Breaux, seconded by Mrs. Griffin and carried unanimously that the following applications for liquor and beer permits be approved, and further, that the issuance of the following Special Events Permit be ratified:
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Pres.
2577 Hwy. 171 North
Lake Charles, LA 70611 Beer – Pkg. – ‘2003 25.00
(Don Manuel’s District)
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Pres.
1900 Sam Houston Jones Parkway
Lake Charles, LA 70611 Beer – Pkg. –‘2003 25.00
(Don Manuel’s District)
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Pres.
2557 Hwy. 171 North
Lake Charles, LA 70611 Beer – ‘2003 35.00
(Don Manuel’s District)
Holmwood Grocery, Inc.
Stephen Natali – Pres.
5602 Hwy. 14 East
Iowa, LA 70647 Liquor & Beer – ‘2003 135.00
(Algie Breaux’s District)
Cajun Fast Mart, Inc.
Wayne M. Poynter, Jr.
4796 Hwy. 27
Sulphur, LA 70663 Beer – Pkg. – ‘2003 25.00
(Brent Clement’s District)
Kelli & Freddie Cowan d/b/a
3700 North Claiborne Street
Sulphur, LA 70663 Beer – Pkg. – ‘2003 25.00
(Francis Andrepont’s District)
Ronald E. & Jack Marcantel d/b/a
TIGERLAND GROCERY & TRUCK STOP
1108 Hwy. 12
DeQuincy, LA 70633 Liquor & Beer – Pkg. – ‘2003 75.00
(Sandy Treme’s District)
Ronald E. & Jack Marcantel d/b/a
TIGERLAND GROCERY & TRUCK STOP
GOLDEN TIGER CASINO
1106 Hwy. 12
DeQuincy, LA 70633 Liquor & Beer – ‘2003 135.00
(Sandy Treme’s District)
Charles Russell – Quartermaster
VFW POST 3802 (DEQUINCY)
5416 Hwy. 27 South
DeQuincy, LA 70633 Liquor & Beer – ‘2003 135.00
(Hal McMillin’s District)
Country Stop, Inc.
Billy T. Brown – Pres.
COUNTRY STOP
1023 Hwy. 27 North
DeQuincy, LA 70633 Liquor & Beer – Pkg. – ‘2003 75.00
(Sandy Treme’s District)
Jean LaFitte RV Park, Inc.
Gerald G. Pujol – Pres.
2101 Pujol Road
Lake Charles, LA 70615 Liquor & Beer – Pkg. – ‘2003 75.00
(Calvin Collins’ District)
TOTAL REMITTANCE: $765.00
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Type B Permit to allow alcoholic beverages for the special event:
SUSAN CARTER SANDERS BENEFIT
October 19, 2002 at Knights of Columbus Hall
356 East Telephone Road, Lake Charles, LA 70611
Lynery Vige, Event Organizer
(Don Manuel’s District)
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Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated September 19, 2002, were approved, and the reading of same was dispensed with.
President Derbonne advised that action was needed on RA04-002-02 which was a request by Sasol North America, Inc. for abandonment of Blocks 2, 5, 11, and 12 of Bel Air Subdivision in Ward Four, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, October 15, 2002, and voted unanimously to recommend that the request be granted, less and except the streets.
Motion was made by Mr. Clement, seconded by Mrs. Treme and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RA04-002-02 and that the request to abandon be granted; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of October, 2002, that it does hereby abandon the following subdivision in Ward Four of Calcasieu Parish, Louisiana, as requested by Sasol North America, Inc., and recommended by the Calcasieu Parish Planning and Zoning Board;
Bel Air Subdivision, recorded in Plat Book 6, Page 169, records of Calcasieu Parish, Louisiana; described as: Blks 2, 5, 11, and 12, less and except streets, in Bel Air Subdivision, located in the N/2 of the NW/4 of SE/4 and of the SW/4 of NE/4 less and except a three acre tract in a square in the NW cor thereof in S28, T9S, R9W.
RA04-002-02
THUS PASSED AND ADOPTED on the date above inscribed.
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President Derbonne advised that action was needed on RA04-003-02 which was a request by Sasol North America, Inc. for abandonment of Mitchell Subdivision in Ward Four, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, October 15, 2002, and voted unanimously that the request be granted, less and except the streets.
It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RA04-003-02 and that the request to abandon be granted; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of October, 2002, that it does hereby abandon the following subdivision in Ward Four of Calcasieu Parish, Louisiana, as requested by Sasol North America, Inc., and recommended by the Calcasieu Parish Planning and Zoning Board;
Mitchell Subdivision, recorded in Plat Book 12, Page 81, records of Calcasieu Parish, Louisiana; described as: Mitchell Subdivision, less and except Mitchell Drive, in NE/4 SW/4 in S28, T9S, R9W.
RA04-003-02
THUS PASSED AND ADOPTED on the date above inscribed.
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President Derbonne advised that action was needed on RA04-004-02 which was a request by Sasol North America, Inc. for abandonment of Lot 2 of Heirs of Luke and Amanda Rigmaiden Subdivision in Ward Four, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, October 15, 2002, and voted unanimously to recommend that the request be granted, less and except the streets.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to RA04-004-02 and the request to abandon was granted; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of October, 2002, that it does hereby abandon the following subdivision in Ward Four of Calcasieu Parish, Louisiana, as requested by Sasol North America, Inc., and recommended by the Calcasieu Parish Planning and Zoning Board;
Heirs of Luke and Amanda Rigmaiden Subdivision, recorded in Plat Book 20, Page 65, records of Calcasieu Parish, Louisiana; described as: Lot 2 of Heirs of Luke and Amanda Rigmaiden Subdivision, less and except streets, in E/2 NW/4 SW/4 S28, T9S, R9W.
RA04-004-02
THUS PASSED AND ADOPTED on the date above inscribed.
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President Derbonne advised that action was needed on RA04-005-02 which was a request by Sasol North America, Inc. for abandonment of Block One of E. F. Gayle Subdivision in Ward Four, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, October 15, 2002, and voted unanimously to recommend that the request be granted, less and except the streets.
Motion was made by Mrs. August, seconded by Mr. McMillin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RA04-005-02 and that the request to abandon be granted; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of October, 2002, that it does hereby abandon the following subdivision in Ward Four of Calcasieu Parish, Louisiana, as requested by Sasol North America, Inc., and recommended by the Calcasieu Parish Planning and Zoning Board;
E. F. Gayle Subdivision, recorded in Plat Book 7, Page 3, records of Calcasieu Parish, Louisiana; described as: Block 1 of E. F. Gayle Subdivision, less and except streets, in S2 NW/4 SE/4 S28, T9S, R9W.
RA04-005-02
THUS PASSED AND ADOPTED on the date above inscribed.
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President Derbonne advised that action was needed on Zoning Case RZ04-042-02 which was a request by Joseph Gilbert to rescind Parish Ordinance No. 2435, less and except the area previously rezoned by Parish Ordinance No. 4234 adopted on October 20, 2000, to revert the previous zoning from C-2 (General Commercial) to A-1 (Agricultural) on West Burton Street in Ward Four, Police Jury District 13. He further advised that the Planning and Zoning Board had met on Tuesday, October 15, 2002, and voted unanimously to recommend that the request be granted. [On April 21, 1983, the Police Jury rezoned this property from A-1 (Agricultural) to C-2 (General Commercial) to allow a lounge. The property was never developed, and the property owner would like to revert the zoning back to A-1 (Agricultural) for residential development. A portion of the property was rezoned/reverted back to A-1 on October 20, 2000.]
It was moved by Mr. Andrepont, seconded by Mr. McMillin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-042-02 and to grant the request to rezone; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4431
AN ORDINANCE repealing Ordinance No. 2435, adopted by the Police Jury on April 21, 1983, which rezoned the following property in Ward Four, and owned by Joseph Gilbert, in Zoning Case RZ4-11-83 from A-1 (Agricultural) to C-2 (General Commercial) to allow a lounge: E/2 of E/2 of SW SE SE 30.9.10; less and except the area previously rezoned by Ordinance No. 4234, adopted on October 20, 2000.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of October, 2002, that Ordinance No. 2435, adopted by the Police Jury on April 21, 1983, is hereby repealed and declared to be null and void and of no effect.
BE IT FURTHER ORDAINED that the following described property is hereby classified as A-1 (Agricultural):E/2 of E/2 of SW SE SE 30.9.10.
BE IT FURTHER ORDAINED that Chapter 26 - Zoning, of the Code of Ordinances, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, are hereby amended to reflect the A-1 (Agricultural) zoning classification referred to above.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ 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 RZ04-041-02 which was a request by Chemical Waste Management, Inc. (hereinafter referred to as CWMI) to rezone from A-1 (Agricultural) to I-3 (Hazardous Industrial) property located at 7170 John Brannon Road in Ward Four, Police Jury District 12, to (a) relocate an already permitted (LDEQ) landfill disposal cell, and (b) to provide the necessary buffer in accordance with Calcasieu Parish Ordinance No. 3940, Section 26-21(m)(2) and to construct a clean water storage pond.
President Derbonne further advised that the Planning and Zoning Board had met on Tuesday, October 15, 2002, and voted nine (yes) to one (no) to recommend that the request be granted with the following stipulations: (1) that the development adhere to plans in the “Rezoning Application and Zoning Exception Requests for Chemical Waste Management Lake Charles Facility Landfill Capacity Relocation Project”; (2) that the development also adhere to the Development Agreement; (3) that prior to permitting, the Division of Planning and Development receives a letter of approval from Gravity Drainage District No. Five of Ward Four of Calcasieu Parish on the drainage plan; and (4) that Chemical Waste Management Inc. agrees to cooperate with the Department of Transportation and Development with regard to any future need to establish a left turn lane at the intersection of LA Highway 108 West and John Brannon Road.
Motion was made by Mr. Manuel and seconded by Mrs. Griffin to uphold the recommendation of the Planning and Zoning Board and to grant the request to rezone with the stipulations outlined by said Board.
President Derbonne advised that the proponents and opponents of the zoning request would each be allowed ten minutes to make their presentations which would be followed by questions and answers from the jurors.
Mr. Charles W. Grant, District Manager for CWMI, 832 Delaware Street, Bridge City, Texas, appeared before the Police Jury and pointed out that he was temporarily residing in Texas because of family health issues. Mr. Grant explained that the request was not an expansion of CWMI’s facility but a relocation or land swap to construct a disposal cell which had already been approved and permitted by the Louisiana Department of Environmental Quality (LDEQ).
Mr. Grant stated that CWMI had previously filed a request to rezone from A-1 to I-3 to allow construction of a storm water retention pond, to allow storage of excavated materials, and to allow future development of a landfill disposal cell on John Brannon Road but had withdrawn the application prior to it being acted on by the Police Jury because of concerns on the part of jurors and citizens that CWMI did not own the property pertaining to the request, CWMI did not have an emergency need for a zoning change at that time since it had ten to twelve years of storage capacity remaining, and the rezoning would have allowed for additional disposal volume. Mr. Grant explained that the application being considered on this date addressed all those concerns in that CWMI now owned the property for which it was seeking rezoning, the current disposal cell (number seven) was nearing capacity, and the current request was not for additional disposal volume. Mr. Grant pointed out that CWMI’s property on the east side of John Brannon Road was already zoned appropriately.
Mr. Grant stated that if his company was successful with this rezoning request and received all the permits to construct the proposed landfill, the company would deed restrict the original 120 acres east of John Brannon Road to never authorize waste disposal operations in the future on that site and in addition, would deed restrict an additional 250 acres of company-owned property south of the facility, for a total of 370 acres of deed-restricted land on which waste disposal operations would not take place in the future. He pointed out that the existing cell (east of John Brannon Road) would require 120 acres of I-3 zoned property, 70 acres of land for soil storage, and no deed-restricted property, whereas the proposed cell (west of John Brannon Road) would offer 95 acres of I-3 zoned property, 57 acres of land for soil storage, and 370 acres of deed-restricted property.
Mr. Grant stated that the proposed cell would be constructed with all of the environmental safeguards as CWMI’s other cells to control groundwater movement and to provide protection from floods and hurricanes, and would contain a ten-foot thick landfill liner system. He pointed out that the old cell was within two-three years of its capacity and that it would take approximately the same amount of time to complete the new cell.
Mr. Grant stated that CWMI felt the location of the proposed cell had safety, environmental, and other benefits such as (1) a safer operation by consolidating operations on one side of John Brannon Road which would minimize traffic congestion on a parish roadway, (2) not having to exhume a closed land-farm which Mr. Grant explained had been put in prior to CWMI’s ownership of the property, (3) a minimizing of capital expenses which would allow CWMI to continue offering cost-competitive waste management solutions to local industries, and (4) an increased potential for job growth.
Mr. Grant explained that the zoning hearing on this date was the first of three steps his company would have to take and if the Police Jury approved the rezoning, CWMI would then work with the Corps of Engineers to get approval for mitigation of 30 acres of marginal wetlands which would be replaced with a no-net-loss of wetlands, and then permit modifications by the LDEQ.
Mr. Grant stated that many individuals had visited the proposed site but that many of the opponents had refused to do so. He pointed out that based on CWMI’s discussions with various people and in an interest to preserve the local environment, the company had agreed to provide deed restrictions on the 370 acres if it could obtain all necessary permits to complete the proposed project.
Mr. Grant also pointed out that there was a lot of industrial support for the project as evidenced by a letter of support issued by the Lake Area Industrial Alliance. He asked the jurors to vote in favor of the rezoning request.
Ms. Kelly Dugas Kiers, 984 West Dave Dugas Road, Carlyss, appeared before the Police Jury and stated that she and others had been openly opposed to the original rezoning proposal but that the amendment including the irrevocable covenant to keep 250 acres zoned A-1 made the proposal much more palatable, particularly since this property included cattle grazing land and wetlands. Ms. Biers also spoke in favor of the proposal that a team be created area residents to tour CWMI’s property and to report to the Police Juror representing this area to make sure that the integrity of the A-1 zoning was being maintained which she felt was the first step in an effective working relationship between CWMI and the residents.
Ms. Biers expressed her appreciation for the hard work done in the past 24 hours by Mr. Clement and Mr. Smith, as well as CWMI representatives Roger Henson, Charles Grant, Frank LaBarbera, and their attorneys.
Ms. Maribeth Ellender Dietz, 1419 Hope Lane, Sulphur, appeared before the Police Jury and stated that CWMI’s original proposal had been completely unacceptable but that with the amendments, it had become less objectionable. She further stated that the property zoned A-1 would provide a buffer for the local residents who hoped that it would keep Choupique Bayou safe. Mrs. Dietz thanked everyone who had worked to make the amendments possible, and most particularly, Mr. Clement as the juror representing her area.
Mr. Michael Tritico, Post Office Box 233, Longville, appeared before the Police Jury on behalf of RESTORE, a local environmental group of which he served as President. He stated that years ago he had been asked by Mr. Marvin Harger, a resident near the CWMI site, to intervene during a permit hearing and that he had become familiar during this process with things that were not supposed to happen which he said had happened. Mr. Tritico further stated that if the proposed covenant was enforceable, it would be different, but that previous covenants and permits had not meant anything.
Mr. Tritico advised that 15 - 20 years ago, he had testified during a permit hearing about one of the residents’ concerns, that being hurricane inundation. He pointed out that CWMI had put up a berm about 16' - 17' above sea level but that if recent Hurricane Lili had come on shore in this area as it had been predicted to do, the storm would have overtopped the existing levee and instead of dealing with a zoning issue on this date, Carlyss and Sulphur might have been declared unfit for habitation.
Mr. Tritico also stated that a strong storm would erode the cap on the hazardous waste tombs at the CWMI site and spread the waste into Sulphur and Carlyss and that storm model maps indicated that a worst case storm would create 22 feet of water, not counting wind-driven waves. Mr. Tritico suggested that a requirement be added to the covenant that all levees around the site (old and new) be at least 30 feet above sea level.
Mr. Smith addressed the Police Jury relative to the essence of the agreement that had been reached on this date as follows: (1) no use of the property located east of John Brannon Road for the disposal of any additional hazardous waste of any kind, as defined by reference to federal and state laws; (2) as a further limitation, the property shall be used only for those uses authorized by the Calcasieu Parish zoning designation of A-1, regardless of any rezoning request in the future; (3) the use limitations would constitute an irrevocable predial obligation attached to the land itself effective in perpetuity; (4) the limitations of use and restrictions could be enforced by the Parish or any citizen of the Parish which meant that any citizen or resident could take whatever legal steps were necessary to make sure the restrictions were not breeched without having to wait on the Police Jury to take action; (5) the limitations and restrictions would constitute an exhibit to the Development Agreement between the Parish and CWMI, and said document would not be signed and would be null and void unless CWMI received zoning approval and the necessary federal and state permits to use the property on the west side of John Brannon Road for hazardous waste disposal; and (7) the agreement would be filed in the conveyance and mortgage records of Calcasieu Parish only after CWMI had received all permits to make the land swap so that they would not run the risk of being denied the permits and being unable to utilize either piece of the two properties.
Mr. Clement stated that with the nine to one vote in favor of the rezoning application by the Planning and Zoning Board and the support from local industries, he felt the approval of the rezoning request by the Police Jury was inevitable. He further stated that discussions with CWMI had provided protection to the residents, i.e., no increased land usage, 250 acres of property presently owned by CWMI to be reverted to A-1, and creation of a citizens group which would be allowed to visit CWMI’s property to confirm that the property was being taken care of to the community’s satisfaction. Mr. Clement thanked the citizens and representatives of CWMI for their willingness to seek a compromise.
Mr. Manuel amended his original motion and Mrs. Griffin, who seconded the original motion, agreed with said amendment as follows: (1) that the rezoning be subject to deed restrictions and use limitations as outlined by the Police Jury’s legal counsel at the regular meeting on October 17, 2002, a copy of which shall be attached to the Development Agreement and made a part thereof; (2) that 120 acres on the east side of John Brannon Road and an additional 250 acres of CWMI-owned property south of the proposed facility on the west side of John Brannon Road, for a total of 370 acres, be deed restricted to prohibit future waste disposal operations on said acreage; and (3) that the President of the Police Jury be authorized to execute all documents related to the rezoning after all necessary permits and authorizations have been received by CWMI.
A vote taken on the amendment to the motion carried unanimously, and a vote taken on the original motion as amended also carried unanimously; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4432
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Chemical Waste Management, Inc. to rezone from A-1 (Agricultural) to I-3 (Hazardous Industrial) to a) relocate already permitted (LDEQ) landfill disposal cell and b) to provide necessary buffer in accordance with Calcasieu Parish Ordinance 3940 Section 26-21 (m) (2) and to construct a clean water storage pond on the property described as: That certain tract or parcel of land lying in the Northeast Quarter of the Northwest Quarter (NE/4 of NW/4) and the Northwest Quarter of the Northwest Quarter (NW/4 of NW/4) of Section Seventeen (17) and the Southeast Quarter of the Southwest Quarter (SE/4 of SW/4) and the Southwest Quarter of the Southwest Quarter (SW/4 of SW/4) of Section Eight (8), all in Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, being more particularly described as follows to-wit: Beginning at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, said point having Chemical Waste Management, Inc. site coordinates of North 4720.7645 and East 7339.3091; Thence South 00° 25' 51" East, along the East line of said Northeast Quarter of the Northwest Quarter of Section Seventeen (17), for a distance of 197.71 feet, the Southeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1038 and East 7343.8778; Thence North 89° 06' 24" West for a distance of 1748.88 feet, the Southwest corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1013 and East 5595.0004; Thence North 00° 53' 36" East for a distance of 1051.90 feet, said point having Chemical Waste Management, Inc. site coordinates of North 5575.0020 and East 5594.9989. Thence South 89° 09' 10" East for a distance of 404.63 feet to the West line of the Southeast Quarter of the Southwest Quarter of Section Eight (8), Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, said point having Chemical Waste Management, Inc. site coordinates of North 5575.3279 and East 5999.6297;Thence North 01° 04' 27" East, along said West line of the Southeast Quarter of the Southwest Quarter of Section Eight (8), for a distance of 472.07 feet to the Northwest corner of said Southeast Quarter of the Southwest Quarter of Section Eight (8), said point having Chemical Waste Management, Inc. site coordinates of North 6047.3966 and East 6001.1203;Thence North 01° 04' 27" East, along the West line of the Northeast Quarter of the Southwest Quarter of Section Eight (8), for a distance of 377.66 feet to a point lying 50.0 feet Southeasterly of an existing pipeline corridor, the Northeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 6425.0541 and East 6002.3120;Thence North 58° 09' 45" East, 50.0 feet Southeasterly of and parallel with said Pipeline corridor, for a distance of 1590.95 feet to the East line of said Northeast Quarter of the Southwest Quarter of Section Eight (8), the Northeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 7285.2701 and East 7340.6463; Thence South 00° 55' 10" West, along said East line of said Northeast Quarter of the Southwest Quarter of Section Eight (8), for a distance of 1241.90 feet to the Southeast corner of said Northeast Quarter of the Southwest Quarter of Section Eight (8), said point having Chemical Waste Management, Inc. site coordinates of North 6043.3745 and East 7340.0820; Thence South 00° 55' 49" West, along the East line of the aforesaid Southeast Quarter of the Southwest Quarter, for a distance of 662.16 feet, said point having Chemical Waste Management, Inc. site coordinates of North 5381.2103 and East 7339.6534; Thence South 00° 55' 23" West, along the East line of said Southeast Quarter of the Southwest Quarter, for a distance of 660.45 feet to the Point of Beginning. Herein described tract containing 81.48 acres, more or less and property described as That certain tract or parcel of land lying in the Northwest Quarter of the Northwest Quarter (NW/4 of NW/4) and the Northeast Quarter of the Northwest Quarter (NE/4 of NW/4) of Section Seventeen (17), Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, being more particularly described as follows to-wit: Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, said point having Chemical Waste Management, Inc. site coordinates of North 4720.7645 and East 7339.3091; Thence South 00° 25' 51" East, along the East line of said Northeast Quarter of the Northwest Quarter of Section Seventeen (17), for a distance of 197.71 feet, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1038 and East 7343.8778; Thence North 89° 06' 24" West for a distance of 694.88 feet, the Point of Beginning and Northeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1028 and East 6649.0004; Thence South 00° 53' 36" West for a distance of 590.00 feet, the Southeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 3933.1028 and East 6649.0013; Thence North 89° 06' 24" West for a distance of 1054.00 feet, the Southwest corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 3933.1013 and East 5595.0013; Thence North 00° 53' 36" East for a distance of 590.00 feet, the Northwest corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1013 and East 5595.0004; Thence South 89° 06' 24" East for a distance of 1054.00 feet to the Point of Beginning. Herein described tract containing 14.28 acres, more or less with the total acreage of both pieces of property containing 95.76 acres, more or less.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of October, 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 A-1 (Agricultural) to I-3 (Hazardous Industrial), with the following stipulations: 1) that the development adhere to plans submitted by Chemical Waste Management, Inc. entitled “Rezoning Application and Zoning Exception Requests for Chemical Waste Management Lake Charles Facility Landfill Capacity Relocation Project;” 2) that the development also adhere to the Development Agreement as revised by the Calcasieu Parish Police Jury at its regular meeting on October 17, 2002; 3) that prior to permitting, the Division of Planning and Development receives a letter of approval from Gravity Drainage District No. Five of Ward Four of Calcasieu Parish on the drainage plan; and 4) that Chemical Waste Management, Inc. agrees to cooperate with the Department of Transportation and Development with regard to any future need to establish a left turn lane at the intersection of LA 108 West and John Brannon Road; on the property described as: That certain tract or parcel of land lying in the Northeast Quarter of the Northwest Quarter (NE/4 of NW/4) and the Northwest Quarter of the Northwest Quarter (NW/4 of NW/4) of Section Seventeen (17) and the Southeast Quarter of the Southwest Quarter (SE/4 of SW/4) and the Southwest Quarter of the Southwest Quarter (SW/4 of SW/4) of Section Eight (8), all in Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, being more particularly described as follows to-wit: Beginning at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, said point having Chemical Waste Management, Inc. site coordinates of North 4720.7645 and East 7339.3091; Thence South 00° 25' 51" East, along the East line of said Northeast Quarter of the Northwest Quarter of Section Seventeen (17), for a distance of 197.71 feet, the Southeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1038 and East 7343.8778; Thence North 89° 06' 24" West for a distance of 1748.88 feet, the Southwest corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1013 and East 5595.0004; Thence North 00° 53' 36" East for a distance of 1051.90 feet, said point having Chemical Waste Management, Inc. site coordinates of North 5575.0020 and East 5594.9989. Thence South 89° 09' 10" East for a distance of 404.63 feet to the West line of the Southeast Quarter of the Southwest Quarter of Section Eight (8), Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, said point having Chemical Waste Management, Inc. site coordinates of North 5575.3279 and East 5999.6297;Thence North 01° 04' 27" East, along said West line of the Southeast Quarter of the Southwest Quarter of Section Eight (8), for a distance of 472.07 feet to the Northwest corner of said Southeast Quarter of the Southwest Quarter of Section Eight (8), said point having Chemical Waste Management, Inc. site coordinates of North 6047.3966 and East 6001.1203;Thence North 01° 04' 27" East, along the West line of the Northeast Quarter of the Southwest Quarter of Section Eight (8), for a distance of 377.66 feet to a point lying 50.0 feet Southeasterly of an existing pipeline corridor, the Northeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 6425.0541 and East 6002.3120; Thence North 58° 09' 45" East, 50.0 feet Southeasterly of and parallel with said Pipeline corridor, for a distance of 1590.95 feet to the East line of said Northeast Quarter of the Southwest Quarter of Section Eight (8), the Northeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 7285.2701 and East 7340.6463; Thence South 00° 55' 10" West, along said East line of said Northeast Quarter of the Southwest Quarter of Section Eight (8), for a distance of 1241.90 feet to the Southeast corner of said Northeast Quarter of the Southwest Quarter of Section Eight (8), said point having Chemical Waste Management, Inc. site coordinates of North 6043.3745 and East 7340.0820; Thence South 00° 55' 49" West, along the East line of the aforesaid Southeast Quarter of the Southwest Quarter, for a distance of 662.16 feet, said point having Chemical Waste Management, Inc. site coordinates of North 5381.2103 and East 7339.6534; Thence South 00° 55' 23" West, along the East line of said Southeast Quarter of the Southwest Quarter, for a distance of 660.45 feet to the Point of Beginning. Herein described tract containing 81.48 acres, more or less and property described as That certain tract or parcel of land lying in the Northwest Quarter of the Northwest Quarter (NW/4 of NW/4) and the Northeast Quarter of the Northwest Quarter (NE/4 of NW/4) of Section Seventeen (17), Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, being more particularly described as follows to-wit: Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township 11 South, Range 10 West, Calcasieu Parish, Louisiana, said point having Chemical Waste Management, Inc. site coordinates of North 4720.7645 and East 7339.3091; Thence South 00° 25' 51" East, along the East line of said Northeast Quarter of the Northwest Quarter of Section Seventeen (17), for a distance of 197.71 feet, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1038 and East 7343.8778; Thence North 89° 06' 24" West for a distance of 694.88 feet, the Point of Beginning and Northeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1028 and East 6649.0004; Thence South 00° 53' 36" West for a distance of 590.00 feet, the Southeast corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 3933.1028 and East 6649.0013; Thence North 89° 06' 24" West for a distance of 1054.00 feet, the Southwest corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 3933.1013 and East 5595.0013; Thence North 00° 53' 36" East for a distance of 590.00 feet, the Northwest corner of herein described tract, said point having Chemical Waste Management, Inc. site coordinates of North 4523.1013 and East 5595.0004; Thence South 89° 06' 24" East for a distance of 1054.00 feet to the Point of Beginning. Herein described tract containing 14.28 acres, more or less with the total acreage of both pieces of property containing 95.76 acres, more or less.
Zoning Case RZ04-041-02
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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Mrs. August stated that it was very seldom that industry, concerned citizens, and the juror in question, came together to make a decision that everyone could live with, and she complimented CWMI, the citizens, and Mr. Clement for having done this very beautifully.
President Derbonne then declared a five-minute recess.
Following the recess President Derbonne called the meeting back to order, and motion was made by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously that the following resolutions be 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, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by American International Refinery, Inc. (AIRI), to clear excavate, grade and/or otherwise install and maintain fill to expand an existing tank farm facility at an existing refinery. The proposed work activity will impact approximately 0.9 acres of jurisdictional wetlands which will include the excavation of approximately 3,700 cubic yards of native soil, which will be deposited along with approximately 6,600 cubic yards of hauled material at the project site. The proposed project is located off LA Highway 3059, in Section 12, Township 9 South, Range 8 West, at a location approximately 2.7 miles northeasterly from Lake Charles, Louisiana, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of American International Refinery, Inc. (AIRI) 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 17th day of October, 2002, that it does hereby indicate no objection to the proposal of American International Refinery, Inc. (AIRI), to clear excavate, grade and/or otherwise install and maintain fill to expand an existing tank farm facility at an existing refinery. The proposed work activity will impact approximately 0.9 acres of jurisdictional wetlands which will include the excavation of approximately 3,700 cubic yards of native soil, which will be deposited along with approximately 6,600 cubic yards of hauled material at the project site. The proposed project is located off LA Highway 3059, in Section 12, Township 9 South, Range 8 West, at a location approximately 2.7 miles northeasterly from Lake Charles, Louisiana, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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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, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Mr. Rick Treece, for mechanized land clearing, filling and grading of a 5.11 acre tract to construct a religious building, an educational building and parking areas. Approximately 6,000 cubic yards of earthen material and 2,400 cubic yards of concrete will be deposited. In addition, 36-inch arched pipes will be installed at two locations (one an existing ditch), and will drain toward Nelson Road. The completed project will impact approximately 2.4 acres of wetlands. The proposed project is located at an unnumbered tract on the west side of Nelson Street, just south of Plantation Drive in Lake Charles, within Section 26, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Rick Treece 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 cause for objection to the permit application since this site was reserved for stormwater retention for Deep Woods Subdivision to prevent further downstream flooding.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of October, 2002, that it does hereby object to the proposal of Mr. Rick Treece, for mechanized land clearing, filling and grading of a 5.11 acre tract to construct a religious building, an educational building and parking areas. Approximately 6,000 cubic yards of earthen material and 2,400 cubic yards of concrete will be deposited. In addition, 36-inch arched pipes will be installed at two locations (one an existing ditch), and will drain toward Nelson Road. The completed project will impact approximately 2.4 acres of wetlands. The proposed project is located at an unnumbered tract on the west side of Nelson Street, just south of Plantation Drive in Lake Charles, within Section 26, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the objection position of the Police Jury in this permit application is based solely on the evaluation of the project’s effect on current drainage, since this site was acting as a stormwater retention area for Deep Woods Subdivision to prevent downstream flooding.
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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In answer to a question by Mr. Kleckley regarding the foregoing resolution, Mr. Vickers explained that the nature of the Planning Staff’s recommendation for objection was because the site of the proposed project was acting as storm water retention for Deep Woods Subdivision to prevent downstream flooding.
Motion was made by Mrs. Griffin, seconded by Mr. Collins 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 17th day of October, 2002, that it does hereby approve an Agreement between the Police Jury and Woodland Lakes Housing, LP, related to providing the Police Jury with a performance bond for construction of infrastructure for Woodland Lake Subdivision.
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.
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In answer to a question by Mrs. August regarding the foregoing resolution, Mr. Vickers stated that this was the development for which the Police Jury had adopted a resolution on June 6, 2002, asking the Louisiana Housing Finance Agency (LHFA) to ensure construction of site developments having full brick exterior and carport and/or garage parking to ensure compatibility with existing housing in this particular area. Mr. Vickers explained that he had been advised that the first phase of the development had progressed too far when the LHFA had received the resolution from the Police Jury to do anything about the request (of the Police Jury), but that they would consider the Jury’s concerns with additional phases of the project.
President Derbonne advised that action was needed on a request by Carpenter’s Local Union No. 953 that the Parish consider adopting a policy requiring mandatory drug testing of all general contractor’s and subcontractor’s employees performing work on all Police Jury building construction projects.
Mr. Wiley LeBert, representing Carpenter’s Local Union No. 953, appeared before the Police Jury for the purpose of answering any questions the jurors might have concerning the request. He pointed out that he would like to work with the Police Jury’s legal counsel to formulate the particulars of the policy.
Mr. McMurry advised that he had spoken with Mr. Scott Hines of the Louisiana Associated General Contractors (AGC), and Mr. Hines had indicated that the Calcasieu Parish School Board had been approached concerning this issue. Mr. McMurry also stated that Mr. Hines and the School Board’s legal counsel, Mr. James Spruel of the Calcasieu Parish District Attorney’s Office, were working on a draft of a policy and that he (Mr. McMurry) had suggested that the governing agencies which were going to adopt a policy work together to adopt the same policy. Mr. McMurry asked that the Police Jury’s legal counsel, Mr. Smith, be a party to the formulation of such a policy.
Mr. LeBert advised that his union would also be asking the City of Lake Charles to adopt a policy.
Motion was made by Mr. Breaux, seconded by Mr. Andrepont and carried unanimously that a policy be adopted requiring mandatory drug testing of all general contractor’s and subcontractor’s employees performing work on all Police Jury building construction projects, and further, that the Police Jury’s legal counsel and staff work with the various agencies involved in developing such a policy.
Upon motion made by Mr. Manuel, 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, convened in regular session on the 17th day of October, 2002, that it does hereby approve the assignment of overriding royalty interest in an oil, gas, and mineral lease dated October 3, 2000, recorded at Entry No. 2527285 in the records of Calcasieu Parish, Louisiana, between the Calcasieu Parish Police Jury and Mayne & Mertz, Inc., to Neumin Production Company, James L. Allen, Kayla A. Adams, Sharp Family Partnership, Ltd., C. Elaine Vinson, Margaret P. Martin, Michael C. Puzio, and Patricia Bigham, on property described as follows:
Tract No. 1: those certain tracts of land containing in the aggregate 1.88 acres, more or less, situated in the East Half of the Northeast Quarter (E/2 NE/4) of Section 5, Township 11 South, Range 8 West, Calcasieu Parish, Louisiana, and being more particularly described as certain portions of roads or streets shown on a plat of survey of Curtis Wayne Richard Subdivision, Part I; said portions being designated as follows: all of that tract called “proposed road” lying between Lot 1 and Lot 2 of said subdivision, being an extension of “Vickie Lane” (containing 0.15 acre, more or less) and that portion of Vincent Reed Road from its northern boundary on the center line of Gauthier Road (which center lies on the north line of the Northeast Quarter of Section 5, Township 11 South, Range 8 West south to a line which is the western extension of Lot 8 of said subdivision (containing 1.73 acres, more or less); along with all adjacent and adjoining easements, all as shown on a plat of survey entitled Curtis Wayne Richard Subdivision, Part I, dated June 29, 1979, prepared by Philip L. Whitaker and recorded at Book 28, Page 67, bearing File No. 1569851 of the conveyance records of Calcasieu Parish, Louisiana.
Tract No. 2: those certain tracts of land containing in the aggregate 1.38 acres, more or less, situated in the East Half of the Northeast Quarter (E/2 NE/4) of Section 5, Township 11 South, Range 8 West, Calcasieu Parish, Louisiana, and being more particularly described as certain portions of roads or streets situated in Curtis Wayne Richard Subdivision, Part II; said portions being designated as follows: All of Vickie Lane (containing 0.36 acre, more or less); and that portion of Curtis Lane from its northern boundary, being the eastern extension of the northern boundary of Lot 37 of said subdivision, extending South to a line which is the eastern extension of the southern boundary of Lot 43 of said subdivision (containing 1.02 acres, more or less); along with all adjacent and adjoining easements, all as shown on a plat of survey entitled Curtis Wayne Richard Subdivision, Part II, dated May 5, 1986, prepared by Philip L. Whitaker and recorded at Book 32, Page 250, bearing File No. 1941692 of the conveyance records of Calcasieu Parish, Louisiana.
Both tracts containing 3.26 acres, more or less.
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It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously to adopt the following resolution:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of October, 2002, that it does hereby approve the assignment of undivided interests in an oil, gas, and mineral lease dated October 3, 2000, recorded at Entry No. 2527285 in the records of Calcasieu Parish, Louisiana, between the Calcasieu Parish Police Jury and Mayne & Mertz, Inc., from Neumin Production Company (successor in interest from Mayne & Mertz, Inc.) to Victoria Gas Corporation and Kenneth C. English, on property described as follows:
Tract No. 1: those certain tracts of land containing in the aggregate 1.88 acres, more or less, situated in the East Half of the Northeast Quarter (E/2 NE/4) of Section 5, Township 11 South, Range 8 West, Calcasieu Parish, Louisiana, and being more particularly described as certain portions of roads or streets shown on a plat of survey of Curtis Wayne Richard Subdivision, Part I; said portions being designated as follows: all of that tract called “proposed road” lying between Lot 1 and Lot 2 of said subdivision, being an extension of “Vickie Lane” (containing 0.15 acre, more or less) and that portion of Vincent Reed Road from its northern boundary on the center line of Gauthier Road (which center lies on the north line of the Northeast Quarter of Section 5, Township 11 South, Range 8 West south to a line which is the western extension of Lot 8 of said subdivision (containing 1.73 acres, more or less); along with all adjacent and adjoining easements, all as shown on a plat of survey entitled Curtis Wayne Richard Subdivision, Part I, dated June 29, 1979, prepared by Philip L. Whitaker and recorded at Book 28, Page 67, bearing File No. 1569851 of the conveyance records of Calcasieu Parish, Louisiana.
Tract No. 2: those certain tracts of land containing in the aggregate 1.38 acres, more or less, situated in the East Half of the Northeast Quarter (E/2 NE/4) of Section 5, Township 11 South, Range 8 West, Calcasieu Parish, Louisiana, and being more particularly described as certain portions of roads or streets situated in Curtis Wayne Richard Subdivision, Part II; said portions being designated as follows: All of Vickie Lane (containing 0.36 acre, more or less); and that portion of Curtis Lane from its northern boundary, being the eastern extension of the northern boundary of Lot 37 of said subdivision, extending South to a line which is the eastern extension of the southern boundary of Lot 43 of said subdivision (containing 1.02 acres, more or less); along with all adjacent and adjoining easements, all as shown on a plat of survey entitled Curtis Wayne Richard Subdivision, Part II, dated May 5, 1986, prepared by Philip L. Whitaker and recorded at Book 32, Page 250, bearing File No. 1941692 of the conveyance records of Calcasieu Parish, Louisiana.
Both tracts containing 3.26 acres, more or less.
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Motion was made by Mr. Manuel, seconded by Mr. McMillin 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 17th day of October, 2002, that it does hereby approve the submittal of a grant application for a maximum of $216,601.66 of Road Repair Funds from the Governor’s Office of Rural Development to upgrade unimproved roads in Ward One.
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.
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Upon motion made by Mrs. August, which was duly seconded by Mrs. Griffin and carried unanimously, the following recommendations of the Office of Community Services’ Executive Committee Board which met on October 7, 2002, were approved:
•approval to close the Calcasieu Parish Public Transit System on various days during the months of October-December, 2002, as necessary, to allow the OCS Administrative and Transit personnel sufficient office training and familiarization time with the system’s new computerized scheduling and dispatching system currently being installed. These dates reflect scheduled static training for key staff who will be operating the new computerized system which they will begin using on January 2, 2003.
•approval to allow Ms. Mason to provide CPTS Drivers with a CPR and First Responders Course.
•approval of expansion of personnel positions to the following levels to accommodate the current system’s growth and management needs: twelve (12) full-time drivers; one (1) full-time transit manager; one (1) full-time dispatcher/scheduler; one (1) part-time dispatcher/scheduler; one (1) accounting tech; and one (1) program clerk.
It was moved by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the Office of Community Services Administering Board be authorized to develop and implement appropriate and reasonable rules and regulations for users of the Calcasieu Parish Public Transit System.
Motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the construction of a Training and Education Center for the Office of Juvenile Justice Services be accepted as substantially complete.
It was moved by Mr. Kleckley and seconded by Mrs. Griffin to accept the recommendation of the staff and the Project Architect, said recommendation being to accept the low bid of F. Miller and Sons, Inc. in the amount of $2,310,500 (Base Bid – $2,119,000, Alternate No. One – $191,000, and Alternate No. Two – $500.00) for the construction of Phase One, Industrial Canal Boat Launch and Park, Henry Pugh Road, Lake Charles, said bids having been received by the Police Jury on September 26, 2002, and further, that the President of the Police Jury be authorized to execute the contract documents and any amendments or modifications thereto in conjunction with said project.
Mr. Andrepont asked if the bids had come in within the amount budgeted for this project, pointing out that he realized that a grant had been awarded in the amount of $435,000 for said project, and he wondered if the bids were at least within reason of what was budgeted.
Mr. McMurry advised that the bid amount was approximately $400,000 in excess of the amount available. He explained that the grant, combined with local funds budgeted for the project, and an additional $500,000 in the Parks Capital Improvements Budget originally set aside for Prien Lake Park for 2002 improvements which would not occur this year, brought the total amount available to approximately $1.5 million. Mr. McMurry further advised that the staff had negotiated with the low bidder, which he said could legally be done prior to award of the bid, and had come to an agreement that upon award of the bid, the Parish would execute a change order in the amount of approximately $300,000 in order to get the total project amount down to $1.99 million.
Mr. McMurry stated that approval by the Police Jury would then be needed to take approximately $400,000 from the reserve in the Riverboat Fund for the difference. He pointed out that the improvements would not be made during the current year and that the Police Jury would need to consider placing the money in the Parks Budget for expenditure in 2003 during upcoming budget deliberations. Mr. McMurry explained that the money budgeted in 2002 was insufficient but that all of the work could not get done in 2002 anyway, and it would be the staff’s impression that if the Police Jury chose to go forward with the project, that it was in effect saying that in the 2003 budget, money would be moved from reserve to accommodate the rest of the funding for the project in 2003.
Mr. McMurry pointed out that the two bidders for the project were F. Miller and Sons, Inc. and Alfred Palma, Inc. and since both were substantial contractors, the staff felt that the estimates supplied by the architect were low and that the bids which were received more accurately reflected the actual cost of the project.
Mr. McMurry advised that Mr. Vickers and Mr. Crain had met with Mr. Tim Osborn of the National Oceanic and Atmospheric Administration (NOAA), the agency from which the grant had been awarded, and said agency had put plans for the project on its website. He further advised that NOAA was very excited and felt this would be a flagship project, which he felt was part of the reason for the cost because it was getting done right. Mr. McMurry also stated that the sports fishing community felt it was the “best thing to come along.”
Mrs. August asked if taking money next year from reserve would be taking money from other projects, to which Mr. McMurry responded that the reserve was an undedicated reserve in the Riverboat Fund, since the Police Jury did not budget or spend these funds during the same year in which they were collected. He pointed out that the Parish would collect approximately $5 million in 2002, none of which was obligated yet.
Mr. Kleckley commended the staff, particularly Mr. McMurry and Mr. Crain, for doing an outstanding job on this project. He stated that it had begun with three or four people asking about the possibility, and now people throughout Calcasieu Parish were asking about this boat launch. Mr. Kleckley also stated that it would be beneficial not only for the fishermen but would have economic benefits that would be immeasurable for the entire parish.
Mr. McMurry advised that he had recently been contacted by Mr. Rusty Vincent with the Coastal Conservation Association, a fishing group, and said group had agreed to fund a contest with some of the elementary schools to come up with a name for the park which would generate even more interest in the project.
A vote was taken on the motion on the floor, which was to accept the recommendation of the staff and the Project Architect, said recommendation being to accept the low bid of F. Miller and Sons, Inc. in the amount of $2,310,500 (Base Bid – $2,119,000, Alternate No. One – $191,000, and Alternate No. Two – $500.00) for the construction of Phase One, Industrial Canal Boat Launch and Park, Henry Pugh Road, Lake Charles, said bids having been received by the Police Jury on September 26, 2002, and further, that the President of the Police Jury be authorized to execute the contract documents and any amendments or modifications thereto in conjunction with said project, and said motion carried unanimously.
Upon motion made by Mr. McMillin, which was duly seconded by Mr. Moon and carried unanimously, the low bid of Allstar Pontiac GMC Truck, Inc. in the amount of $14,123.00 was accepted for the purchase of one (1) new 2003 spray truck for use by the Division of Engineering and Public Works, Mosquito Control Department, said bids having been received on October 9, 2002, by the Parish Purchasing Agent.
Mrs. August asked if a letter had been forwarded to the Louisiana Department of Transportation and Development asking them to hasten the delivery of vehicles for use by the Office of Community Services Public Transit System, and Mr. McMurry advised that he would follow up on her request.
Mr. Breaux asked if information was being given to the fire departments as to the kinds of chemicals being carried on mosquito control trucks, to which Mr. Lucas Terracina, Director of the Mosquito Control Department, responded in the affirmative.
It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that the low proposal of Barowka and Bonura Engineers and Consultants, LLC (BBEC), in the amount of $22.50/unit be accepted for the installation, termination, and certification of the network and communication cabling in the Parish Government Building, said proposals having been received by the Parish Purchasing Agent on October 11, 2002.
Upon motion made by Mr. Manuel, which was duly seconded by Mrs. Griffin and carried unanimously, the Parish Purchasing Agent was authorized to advertise for bids for the purchase and installation of factory re-manufactured engines for the twin-engine airplane and for two GPS units for the airplane, for use by the Mosquito Control Department, and further, the Director of the Mosquito Control Department was authorized to temporarily contract for aerial spraying services, if necessary, during the period that this airplane is undergoing repairs.
Motion was made by Mrs. Griffin, seconded by Mr. Moon and carried unanimously that the following proclamation be issued:
PROCLAMATION
WHEREAS, home should be a place of warmth, unconditional love, tranquility, and security, and for most of us, home and family can indeed be counted among our greatest blessings. Tragically, for many Americans, these are blessings that are tarnished by violence and fear; and
WHEREAS, domestic violence is more than the occasional family dispute, and women are not the only targets – young children and the elderly are also counted among the victims – and, sadly, emotional scars are often permanent; and
WHEREAS, a coalition of organizations has emerged to directly confront this crisis. Law enforcement officials, those involved with shelters and hotline services, health care providers, the clergy and other concerned citizens are helping in the effort to end domestic violence; and
WHEREAS, the Calcasieu Parish Police Jury wishes to recognize and applaud the dedication of the volunteers and professionals of the Calcasieu Women’s Shelter in their efforts to increase public understanding of this important problem.
NOW, THEREFORE, BE IT PROCLAIMED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 17th day of October, 2002, that it does hereby proclaim the month of October, 2002, as
Domestic Violence Awareness Month
and does hereby urge all citizens to observe this month by becoming aware of the tragedy of domestic violence and supporting the Calcasieu Women’s Shelter in working toward the end of domestic violence.
/s/ Enos Derbonne, President
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President Derbonne advised that a letter had been received from Congressman John Cooksey thanking the Police Jury for a resolution sent by the Police Jury requesting the Louisiana Congressional Delegation’s assistance in restoring the farm bill to its previous levels wherein he advised that he had written to President George Bush requesting economic assistance for Louisiana rice farmers, and further, that he had co-sponsored legislation, soon to be introduced, which would authorize the Secretary of Agriculture to distribute funds in the form of a $2.42/cwt economic assistance payment.
President Derbonne also advised that letters had been received from Senators John Breaux and Mary Landrieu thanking the Police Jury for contacting them regarding the Court of Appeals’ ruling regarding the Pledge of Allegiance wherein they advised that they joined the entire Senate in approving a congressional resolution expressing their support of the Pledge of Allegiance, and further, they advised that the United States Department of Justice had filed an appeal of the ruling that the use of the word “God” in the Pledge of Allegiance was unconstitutional because it violated the guaranteed separation of church and state, and said appeal requested a hearing of this case in the 9th Circuit Court of Appeals before the full 11-judge panel, instead of the 3-judge panel that issued the previous ruling.