February 20, 2003
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, February 20, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chuck Kleckley, President, presiding, and the following members present:
Mesdames Elizabeth Conway Griffin, Luvertha August, and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornelius “Cornie” Moon
Absent: Messrs. Algie Breaux (ill) and Enos Derbonne (ill)
Also present were Mr. S. Mark McMurry, Parish Administrator, Mr. Bryan Beam, Assistant to the Administrator, Mrs. Coleen Clark, Executive Secretary, Ms. Kathy P. Criglow, Recording Secretary, Mr. Richard Gremillion, Director of the Office of Emergency Preparedness, Mrs. Cheryl Heisser, Director of Human Resources, Mr. Jerry Milner, Director of Finance, Mr. Allen Smith of the firm of Plauche, Smith and Nieset, Legal Counsel, Mr. Gerry Trahan, Director of Facilities Management, and Mr. Jim Vickers, Director of Planning and Development.
President Kleckley called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance led by Mr. McMillin. The roll was called with the result being as outlined above.
President Kleckley welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.
President Kleckley recognized several dignitaries who were present at the meeting on this date as follows: Senators Willie Mount, James David Cain, and Gerald Theunissen, and Representatives Elcie Guillory and Vic Stelly.
President Kleckley advised that sealed bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2003-01 (Hardsurfacing and Overlaying of Various Roads in Calcasieu Parish, Louisiana.)
Mr. McMurry then proceeded to open the following bids:
Prairie Contractors, Inc. $2,259,292.23
R.E. Heidt Construction Company, Inc. $1,978,919.83
Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously to refer the bids to the Parish Engineer for final tabulation, with further action thereon to be taken at the Regular Meeting of the Police Jury on March 6, 2003.
It was moved by Mr. Andrepont, seconded by Mr. Collins and carried unanimously to approve the following application for a liquor and beer permit:
WARD III
Big Easy Po-Boy Bar & Grill, Inc.
Larry Thomas — Pres.
BIG EASY PO-BOY BAR & GRILL
7795 Lake Street
Lake Charles, LA 70605 Liquor & Beer $168.75
(Enos Derbonne’s District)
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Mr. Andrepont was granted a point of personal privilege to introduce a young man who lived down the street from him and who was present in the audience on this date, Master Cory Wannamaker, pointing out that Cory was a brilliant young man who had aspirations of one day being a U. S. Senator.
Master Wannamaker appeared before the Police Jury and stated that his English class in school had been assigned a project to determine what they wanted to become in their lifetime, and he chose Mr. Andrepont to learn from. Master Wannamaker explained that he had worked with Mr. Andrepont in one of his political campaigns and had loved it and politics.
Upon motion made by Mrs. August, which was duly seconded by Mrs. Griffin and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated January 16, 2003, were approved, and the reading of same was dispensed with.
At this time President Kleckley and Mrs. Griffin presented a plaque to Miss Allison Thurman, a 13-year old student at John J. Johnson II Elementary School, who had recently saved a classmate’s life by performing the Heimlich maneuver, and to her teacher, Ms. Charlotte Guidry, who had been including instruction in the Heimlich maneuver in her class curriculum for the past 30 years.
Mrs. Griffin stated that so very often people are caught in situations in life where if they do not react very spontaneously and quickly, quite often a life could be lost. She further stated that she had been touched to see a young person who was able to do the Heimlich maneuver and was very proud of Miss Thurman.
Ms. Guidry thanked Mrs. Griffin and the Jury for recognizing her and her student. Ms. Guidry stated that she thought children should be recognized for the good things they accomplish and that all too often, just the bad things were emphasized. She further stated that children need and deserve a pat on the back for the good things they accomplish.
Senators Mount, Cain and Theunissen, and Representatives Guillory and Stelly appeared before the Police Jury at this time to present a check in the amount of $216,000.66 for improvements to Paul Bellon Road in Ward One.
Senator Cain stated that the legislative delegation worked well together and worked well with the Police Jury, and he pointed out that he was speaking for all of the delegation, even the members who could not be present at the meeting on this date.
Senator Mount presented the check to Mr. Manuel, and he expressed his appreciation for the grant, as well as his appreciation for the efforts of the legislative delegation.
Representative Stelly thanked Senator Cain for his leadership in obtaining the funding and pointed out that he (Senator Cain) had “led the charge”.
Senator Theunissen stated that money would be short in the upcoming session and fortunately the grant had been obtained before then. He stated that he looked forward to working with the Police Jury in the future.
Representative Guillory advised that the legislative delegation worked wonderfully together which was how they were able to accomplish so many things and stated that he was happy to be a part of presenting the check to the Parish.
President Kleckley advised that an item on the agenda would be taken out of sequence to accommodate Representative Guillory’s schedule, and motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously to authorize the Parish Administrator to advertise for bids for the expansion of the Office of Community Services Senior Center and Administrative Services Facility.
Representative Guillory stated that this building was located in his and Senator Mount’s districts. He pointed out that senior citizens were the reason everyone was here and that he wanted to do anything that could be done to make things more convenient for them. Representative Guillory thanked the Police Jury for working with the delegation in providing this addition.
Senator Mount recognized the hard work of Representative Guillory, the delegation, and the Police Jury in obtaining the funds for and building the facility. She pointed out that it was a very special building because of the opportunities it afforded the senior citizens who she described as the “trailblazers”. Senator Mount stated that the delegation stood ready to do anything they could to help the Police Jury.
Mrs. August stated that on behalf of the Calcasieu Parish Office of Community Services Board, of which she was the Chairperson, she appreciated the help given to this project and that while kudos were being distributed, Mrs. Sandra Mason, Executive Director of the Office of Community Services, should not be forgotten because she had written the grant proposal.
Senator Mount agreed, pointing out that when Mrs. Mason called and said “let’s move”, the delegation asked “how fast?”.
President Kleckley advised that action was needed on Road Abandonment Case RA02-001-03 which was a request by P. D. Richard for road abandonment on Duhon Road in Ward Two, Police Jury District 10. He further advised that the Planning and Zoning Board had met on Tuesday, February 18, 2003, and voted unanimously to recommend that the request be granted.
Motion was made by Dr. Mackey, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RA02-001-03 and to grant the request to abandon Duhon Road; whereupon, the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2003, that it does hereby abandon the road right-of-way for Duhon Road in Ward Two of Calcasieu Parish, Louisiana, as requested by P. D. Richard, and recommended by the Calcasieu Parish Planning and Zoning Board, on the property described as:
Beginning at a point 391.5 feet South and 30 feet East of the North Quarter Corner of Section 13, Township 11 South, Range 7 West, Calcasieu Parish, Louisiana, thence South 87○ 30' East 1370 feet, thence South 58○ 24' East 808 feet, thence South 31○ 04' East 237 feet, thence South 87○ 29' East 326 feet, thence South 65○ 40' East 105 feet, thence South 20○ 18' East 167 feet.
Right of way to be a width of 50 feet with one-half (½) to be taken from either side of the above described centerline.
RA02-001-03
BE IT FURTHER RESOLVED that the above public road right-of-way set forth above is hereby declared officially abandoned with one-half of said abandoned road right-of-way reverting to the abutting property owners as prescribed by law.
THUS PASSED AND ADOPTED on the date above inscribed.
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President Kleckley advised that action was needed on Zoning Case RZ01-004-03 which was a request by Oak Meadows Land and Development to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow residential development off of Topsy Road in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, February 18, 2003, and voted 10 (for) to 1 (against) to recommend that the request be granted.
It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ01-004-03 and to grant the request to rezone; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4492
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Oak Meadows Land and Development to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow residential development on the property described as: That certain tract or parcel of land situated in the E/2 of the NW/4 of S16, T8S, R8W, Calcasieu Parish, Louisiana, being more particularily described as follows: Com at the NE cor of the E/2 of the NW/4; thence N 89 degs 18’, 29” W along the N line of said NW/4 for a distance of 331.64 feet, the pob of herein described tract: thence S 00 degs, 57’, 44 “ W for a distance of 1880.00 feet; thence N 89 degs, 18’ 29” W for a distance of 761.35 feet; thence N 00 degs, 49 minutes, 14 seconds E for a distance of 1880.0 feet to the N line of said NW/4, said point being 30.00 feet N of an existing ½” rebar; thence S 89 degs, 18’, 29” E along said N line for a distance of 766.00 feet to the pob. Herein described tract containing 32.960 acres m/l and subject to a 30.0 feet road right-of-way on the N side thereof (Birdnest Road) and any other right of ways, servitudes and/or easements of record or by use.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of February, 2003, 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 One of this parish:
From A-1 (Agricultural) to R-1 (Single Family Residential) to allow residential development on the property described as: That certain tract or parcel of land situated in the E/2 of the NW/4 of S16, T8S, R8W, Calcasieu Parish, Louisiana, being more particularily described as follows: Com at the NE cor of the E/2 of the NW/4; thence N 89 degs 18’, 29” W along the N line of said NW/4 for a distance of 331.64 feet, the pob of herein described tract: thence S 00 degs, 57’, 44 “ W for a distance of 1880.00 feet; thence N 89 degs, 18’ 29” W for a distance of 761.35 feet; thence N 00 degs, 49 minutes, 14 seconds E for a distance of 1880.0 feet to the N line of said NW/4, said point being 30.00 feet N of an existing ½” rebar; thence S 89 degs, 18’, 29” E along said N line for a distance of 766.00 feet to the pob. Herein described tract containing 32.960 acres m/l and subject to a 30.0 feet road right-of-way on the N side thereof (Birdnest Road) and any other right of ways, servitudes and/or easements of record or by use.
Zoning Case RZ01-004-03
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/ Chuck Kleckley, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Kleckley advised that no action was necessary on Zoning Case RZ01-003-03 which was a request by residents of West Fork Oaks Subdivision to rezone from R-M (Multi-Family Residential) to R-1 (Single Family Residential) to maintain residential character on Hennigan Road in Ward One, Police Jury District 14. He explained that the reason there was no action necessary was due to the fact that the Planning and Zoning Board had met on Tuesday, February 18, 2003, and amended the application to rezone to R-2 and had deferred final approval until the next Planning and Zoning Board meeting on Tuesday, March 18, 2003.
Motion was made by Mrs. Griffin and seconded by Mr. McMillin to grant a request by Air Products and Chemicals, Inc. to allow a temporary work space on adjudicated property to facilitate an eight-inch (8") pipeline to be placed on the Kansas City Railroad right-of-way in Police Jury District 15. (The pipeline was needed to facilitate a new hydrogen plan to be constructed on ConocoPhillips property.)
Mr. Vickers asked that the motion be amended to include authorization for the President to execute all agreements related thereto. Mrs. Griffin amended her motion, and Mr. McMillin accepted the amendment. A vote taken on the motion as amended carried unanimously; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20th day of February, 2003, that it does hereby approve a Temporary Working Space Agreement between the Police Jury and Air Products, LP, to allow Air Products, LP, a temporary work space on adjudicated property located in Calcasieu Parish, Louisiana, and described as:
Com 853 ft E of SW cor NE NE 18.9.9 N 601.1 ft m/l, NEly 725.9 ft to N/L Sect, E 201 ft to R/W of KCS RR, SEly 1327 ft to a PT 1202.5 ft E of SW cor Sect. W 349.5 ft to beg less part sold. Tax debtor: Corine Hoffpauir.
to facilitate an eight-inch (8") pipeline to be placed on the Kansas City Railroad right-of-way.
BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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President Kleckley advised that a briefing would be received at this time from Mr. Richard Gremillion, Director of the Office of Emergency Preparedness (OEP), regarding Homeland Security. Mr. Gremillion advised that his office had received several inquiries after the advisory system alert was raised to “orange” asking what people should be doing to protect themselves against a terrorist attack. He pointed out that there was a possibility, but not a probability, of terrorist or biological/chemical threats in the area, and that with regard to a hazardous materials threat, both the probability and possibility existed in Southwest Louisiana. Mr. Gremillion stated that one reason the probability of a terrorist attack in the local area was considered low was because terrorists were targeting more heavily populated areas.
Mr. Gremillion briefly went over the five levels of the Homeland Security Advisory System and pointed out that the current level was “orange” in which persons were cautioned to increase security, minimize unnecessary activities, plan for shut down, and plan for recovery/start up.
Mr. Gremillion stated that the federal government was turning back the hands of time to the days of Civil Defense, and responsibility for preparing for and dealing with emergencies was being brought back to the local level of government. He outlined the functions of the OEP, pointing out that the Emergency Operations Center was the “voice of government” during an emergency or disaster and existed to protect the population and property, as well as to return the community to normalcy after a disaster.
Mr. Gremillion advised that the Civil Air Patrol had been pressed into service, along with the Coast Guard, in patrolling the Calcasieu Ship Channel. He further advised that on a local basis, the OEP was reviewing emergency response plans, training emergency responders (incident command system, hazmat, search and rescue, anti-terrorism), applying for grant money to assist with domestic preparedness, and keeping elected officials abreast of all activities. Mr. Gremillion stated that during recovery from a terrorist attack, the focus would be on the following activities: restoration of power and other utilities, restoration of vital services and facilities, adequate medical supplies (which may include National Pharmaceutical Stockpile), provide quarantine area or facility for bio-terrorism incident, maintain up-to-date personnel roster, and apply with FEMA for relief assistance.
Mr. Gremillion advised that a reimbursable grant in the amount of $288,000 was available from the Department of Justice for protective gear for law enforcement personnel, and he would like approval of the Police Jury to purchase such equipment and apply for reimbursement.
It was moved by Dr. Mackey, seconded by Mrs. Griffin and carried unanimously to authorize the Parish Purchasing Agent to advertise for bids for the purchase of respiratory products, gas detection and accessories, for use by the Office of Emergency Preparedness for distribution to public safety agencies.
Mr. Gremillion recommended an internet website (www.ready.gov) which he said had a lot of useful information on how to prepare for any kind of emergency, including terrorist attacks.
Dr. Mackey asked if the emergency medical service personnel would be getting vaccines against smallpox in the near future, to which Mr. Gremillion stated that Mr. Rob Daughdrill of West Calcasieu-Cameron Hospital served on a state committee regarding this issue, and that Mr. Daughdrill was present at the meeting on this date and could probably better answer these types of questions.
Mr. Daughdrill appeared before the Police Jury and stated that the vaccinations were set up to be administered on a three-tiered program. He further stated that the first phase was currently being implemented which was for public health employees and hospital employees. Mr. Daughdrill advised that the second phase would be the vaccination of fire, police, and emergency medical services personnel and that it was not known yet when that particular phase would begin.
Mr. Daughdrill explained that the concern of ambulance personnel was that they were left out of the second phase because the CDC (Center for Disease Control) felt that ambulances were not called upon to transport persons who had flu-like symptoms, but Mr. Daughdrill said they did receive such calls.
Mr. Daughdrill also pointed out that Phase I had not been as readily accepted as everyone thought it would be because a lot of people falling within the parameters of Phase I did not feel a need for the vaccinations.
Dr. Mackey pointed out that six million people in Israel, and several hundred thousand in the U.S. military, had been innoculated with the smallpox vaccine and had no adverse effects from it. Mr. Daughdrill agreed, pointing out that it was not as serious as some people thought and that it was not a vaccine with the smallpox virus, but instead the cowpox virus. He further stated that he had been told that more people died from 1900 to 1977 from smallpox than from all of the wars combined.
Motion was made by Mr. Manuel, seconded by Mrs. August and carried unanimously that the Ambulance Regulatory Committee Report dated February 18, 2003, and all recommendations contained therein, be approved as follows:
AMBULANCE REGULATORY COMMITTEE REPORT
February 18, 2003
__________________________________________________
A meeting of the Ambulance Regulatory Committee was held at 4:00 p.m. on Tuesday, February 18, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Don Manuel, Chairman, presiding and the following members present:
Mrs. Luvertha August, Mr. Chuck Kleckley, Ex-Officio, Mr. Chris Landry, and Dr. Charles S. Mackey
Absent: Mrs. Sandra Treme (death of father)
Also present were Mr. Mike Danahay, Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Kathy P. Criglow, Mr. Richard Gremillion, and Mr. Allen Smith. Mr. Paul Rainwater of the City of Lake Charles was also present.
Said Committee:
1) Recommended the approval of a revision to the ambulance Service Area Map to transfer an additional portion of Ward Five into the West Cal-Cam EMS service area.
2) Recommended the approval of revisions to the ambulance Response Time Zone Map.
3) Recommended that the current Parish ambulance ordinance be revised as follows:
Ambulance service performance standards
Response time standards: Any owner or operator of an ambulance service shall adhere to response time standards for defined zones as set by the Police Jury upon recommendation from the Office of Emergency Preparedness utilizing guidelines established by the American Ambulance Association for fractile performance measures for high performance emergency medical services systems. For the Urban Zone and Suburban Zone, ambulance providers shall be required to respond, at least ninety percent (90%) of the time, to a medical emergency scene within the time limits listed below from the time of receiving notification. For the Rural Zone, ambulance providers shall be required to respond, at least eighty percent (80%) of the time, to a medical emergency scene within the time limit listed below. These zones shall be defined in the form of a Response Time Zone Map, to be updated as necessary. Response times shall be rounded to the nearest whole number in determining compliance with standards for each zone.
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.
Note: The change to an 80% compliance standard (down from 90%) for the Rural Zone was recommended due to the relatively low number of ambulance calls in rural areas combined with the long distances required to reach rural destinations. The other change was to clarify how the response time intervals would be measured.
4) Recommended the approval of a proposed Request-for-Proposals document, as presented by the staff and as amended by the Committee, for provision of emergency and non-emergency ambulance service within the Parish, and authorizing the Parish Administrator to advertise for the solicitation of proposals.
Note: The amendment made by the Committee was under Section II - Criteria for Selection. Paragraph A) was amended to read in its entirety as follows: Experience of the company in rendering ambulance service. (25 points)
5) Recommended that all Calcasieu Parish municipalities be invited to enter an agreement with the Parish to have the Parish’s ambulance ordinance enforced within their respective jurisdictions upon execution of a contract with an ambulance provider selected through the RFP process.
There being no further business, Chairman Manuel declared the meeting to be adjourned.
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As a result of the approval of the Ambulance Regulatory Committee Report and the recommendations contained therein as outlined heretofore, the following ordinance was adopted:
ORDINANCE NO. 4493
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 20th day of February, 2003, that it does hereby amend Section 15-128 (b) of Division I. Provisions Prior to Implementation of Exclusive Franchise, and Section 15-147 (b) of Division II. Exclusive Franchise Provisions, of Chapter 15 – Licenses and Miscellaneous Business Regulations, Article V. Private Ambulances, of the Code of Ordinances of Calcasieu Parish, Louisiana.
SECTION I. Sec. 15-128. Ambulance service performance standards (b), is amended to read as follows:
(b) Response time standards: Any owner or operator of an ambulance service shall adhere to response time standards for defined zones as set by the Police Jury upon recommendation from the Office of Emergency Preparedness utilizing guidelines established by the American Ambulance Association for fractile performance measures for high performance emergency medical services systems. For the Urban Zone and Suburban Zone, ambulance providers shall be required to respond, at least ninety percent (90%) of the time, to a medical emergency scene within the time limits listed below from the time of receiving notification. For the Rural Zone, ambulance providers shall be required to respond, at least eighty percent (80%) of the time, to a medical emergency scene within the time limit listed below. These zones shall be defined in the form of a Response Time Zone Map, to be updated as necessary. Response times shall be rounded to the nearest whole number in determining compliance with standards for each zone.
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. 15-147. Ambulance service performance standards (b), is amended to read as follows:
(b) Response time standards: Any owner or operator of an ambulance service shall adhere to response time standards for defined zones as set by the Police Jury upon recommendation from the Office of Emergency Preparedness utilizing guidelines established by the American Ambulance Association for fractile performance measures for high performance emergency medical services systems. For the Urban Zone and Suburban Zone, ambulance providers shall be required to respond, at least ninety percent (90%) of the time, to a medical emergency scene within the time limits listed below from the time of receiving notification. For the Rural Zone, ambulance providers shall be required to respond, at least eighty percent (80%) of the time, to a medical emergency scene within the time limit listed below. These zones shall be defined in the form of a Response Time Zone Map, to be updated as necessary. Response times shall be rounded to the nearest whole number in determining compliance with standards for each zone.
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.
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 20th day of February, 2003.
/s/ Chuck Kleckley, President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary
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President Kleckley advised that action was needed on approval of the Wastewater Study Committee Report dated February 20, 2003, as follows:
WASTEWATER STUDY COMMITTEE
February 20, 2003
__________________________________________________
A meeting of the Wastewater Study Committee was held at 4:00 p.m. on Thursday, February 20, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Chuck Kleckley, Chairman, presiding and the following members present:
Mr. Brent Clement, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Dr. Charles S. Mackey, and Mrs. Sandra Treme
Absent: None
Also present were Mr. Francis Andrepont, Mr. Don Manuel, Mr. Cornie Moon, Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Ms. Kathy P. Criglow, Mr. Allen Smith, and Mr. Jim Vickers.
Said Committee:
(1)Received and took under advisement for further study a presentation by the staff of the Office of Planning and Development of an initial draft of a sewerage disposal ordinance for the unincorporated areas of Calcasieu Parish. Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Committee in opposition to the initial draft.
There being no further business, Chairman Kleckley declared the meeting to be adjourned.
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President Kleckley stated that the Committee had heard a very comprehensive and detailed review from the staff of a possible sewer ordinance for the Police Jury to take under consideration for approval at a later date. He encouraged all the jurors to review the proposed ordinance and to get with the staff with any questions they might have.
Mr. Andrepont congratulated the staff on a job well done and for the courage they had shown in tackling a very difficult issue. He stated that he had attended the committee meeting earlier on this date and one thing he had failed to hear anything about at the meeting was the Environmental Protection Agency (EPA) mandate a few years ago that local governments must address waste water in ditches.
Mr. Andrepont pointed out that a study had been done by Dr. Harold Stevenson of McNeese State University which had been paid for by the Police Jury and which had outlined the problems of wastewater in Calcasieu Parish ditches but offered no solutions. Mr. Andrepont stated that this was the Police Jury’s responsibility, and he felt Mr. Vickers had presented a very good proposed ordinance but that like the U.S. Constitution, he felt sure the first copy would not be ratified. Mr. Andrepont advised that the Police Jury had been working on this issue for about four years and that a solution would not be forthcoming overnight. He pointed out that he had been on the Jury for ten years, and he had never known the Police Jury on any occasion to make a “knee jerk” reaction, and he did not think that would start with the present issues. Mr. Andrepont stated that the Jury was charged with getting the ditches cleaned, but he urged the jurors to remember that it would not happen overnight and to remember that one area of the parish would not pose the same problems as another area, i.e., Moss Bluff was not the same as Carlyss.
Mr. Andrepont stated that he had a problem when someone showed up at a meeting and suggested that citizens were going to burn the Parish Government building down with the jurors in it if the ordinance as presented at the Committee meeting was adopted (referring to a comment voiced by Mr. Charlie Atherton at the Wastewater Study Committee meeting held earlier on this date.) He pointed out that the Police Jury would have to have public input on the ordinance before it was adopted and while “not everything that was popular was right, and not everything right was popular”, the jurors all took an oath that they would perform to the best of their ability, and he felt they all lived and died by that oath.
Mr. Andrepont asked the jurors to check with their constituents and bring their input back to the Jury so that when the final draft was presented, it would be a draft with which everyone could live.
President Kleckley thanked Mr. Andrepont for his comments, pointing out that they were well-spoken.
Mr. Moon stated that he appreciated the efforts of the former police juries and he appreciated Mr. Vickers and his staff for an excellent job in drafting the proposed ordinance. He pointed out that one of the most difficult things about dealing with sewerage problems was “out of sight, out of mind”. Mr. Moon also pointed out that it was a very expensive problem to remedy and while it was not something that would leave a beautiful edifice, such as expanding the Parish Government Building or expanding the Prien Lake Park, it was something that needed to be done.
Mr. Moon stated that the Parish needed an overall plan and advised that Mr. Smart was currently in Baton Rouge looking into what would be required of the Parish under the federal mandate pertaining to storm water discharge. Mr. Moon stated that all of the pieces needed to fit together to make sure of what was needed for the future.
Mrs. Griffin stated that the initial draft of the ordinance was well-planned, and she concurred with Mr. Andrepont.
Motion was then made by Mrs. Griffin, seconded by Mrs. August and carried unanimously to approve Recommendation No. 1 of the Wastewater Study Committee which was to receive and take under advisement for further study the initial draft of the sewerage disposal ordinance for the unincorporated areas of Calcasieu Parish, as presented by the staff of the Office of Planning and Development.
Upon motion made by Mr. Clement, 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 20th day of February, 2003, that it does hereby support Delta Downs Racetrack and Casino in its efforts to have the State Department of Transportation rename State Highway 3063, from Short Street to State Highway 109, as “Delta Downs Drive”.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to members of the Calcasieu Legislative Delegation.
THUS DONE AND PASSED on the date above inscribed.
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With reference to the foregoing resolution, Mr. Clement pointed out that the Town of Vinton had adopted a similar resolution and that Representative Ronnie Johns had asked for the Police Jury to adopt one also.
It was moved by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously to authorize the execution of agreements by the Parish Administrator for the renewal of leases with the Calcasieu Parish Public Trust Authority and with Southwest Louisiana Legal Services, tenants and users of the Magnolia Building, in accordance with parameters established by the Police Jury Liaison Group for such purpose.
Motion was made by Mrs. Griffin, seconded by Mr. Moon 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 20th day of February, 2003, that it does hereby approve the submittal of an application for capital outlay funding from the State of Louisiana in the amount of $3,000,000 for improvements and renovations to the Burton Coliseum complex, as recommended by the Burton Coliseum Advisory Council.
BE IT FURTHER RESOLVED that matching funds in the amount of $1,000,000 from the Burton Coliseum ad valorem tax are hereby committed, subject to renewal of said tax by the voters in May, 2003.
BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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With reference to the foregoing resolution, Mrs. August asked what would happen if the Burton Coliseum tax did not pass, and Mr. McMurry that if it did not, there would be bigger problems than not being able to provide matching funds for the capital outlay funding if it were to be awarded by the State. Mr. McMurry further stated that he did not think the application would qualify for funding, but it had to be sent in by a certain deadline. He pointed out that the decision would be made by the State after the May election.
It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that the President of the Police Jury be authorized to execute the necessary documents for donation of right-of-way from Gravity Drainage District No. Eight of Ward One on Highline Road in Ward One.
Motion was made by Mr. Collins and seconded by Mr. Clement that approval be granted of a joint recommendation of the Calcasieu Parish Animal Control Advisory Committee, the Calcasieu Parish Health Unit, and the Calcasieu Parish Veterinary Association, that the rabies vaccination and license fee at the Annual Rabies Clinics held each April be increased from $7.00 to $10.00 with $2.00 of said increase reflecting the recently-approved license fee adjustment, and $1.00 of said increase being allocated to the Veterinary Association.
In answer to a question by Mr. Collins, Mr. McMurry stated that the increase would commence at the rabies clinic in April of 2003 and would be applicable only at said clinics which were designed to make low-cost rabies immunizations available to the public. He pointed out that the increased fee would be applicable in April and in effect for the annual clinics thereafter.
A vote taken on the motion on the floor carried unanimously.
It was moved by Mr. Collins, seconded by Mrs. August and carried unanimously to authorize the Parish Administrator to advertise for bids for Calcasieu Parish Project No. 2003-02.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the rules were suspended by a two-thirds majority vote to adopt the following resolution of condolences:
Resolution in Memoriam
WHEREAS, Almighty God in His Infinite Wisdom has seen fit to take Mr. Horace Lynn Jones who served his community, parish, state, and nation for many years; and
WHEREAS, Mr. Jones was a lifelong resident of DeQuincy and represented Calcasieu Parish in the Louisiana House of Representatives from 1948 to 1960; and
WHEREAS, Mr. Jones was well known throughout the entire state for authoring or sponsoring a number of landmark bills such as one which made McNeese State College a four-year institution, and his actions in Baton Rouge contributed to the creation of Lake Charles Charity Hospital, authorization allowing Calcasieu Parish to use voting machines, the creation of hospital districts that led to the building of West Calcasieu-Cameron Hospital, the first major teacher pay raise, a constitutional amendment creating recreation districts in Calcasieu Parish, and reforestation which led to the revitalization of the State’s timber industry; and
WHEREAS, Mr. Jones was one of the lead authors on legislation resulting in the development of Toledo Bend Reservoir and helped to coordinate joint legislation with the Texas State Legislature for this purpose; and
WHEREAS, Mr. Jones led the way in securing LCIS (Phelps Correctional Institute) for Southwest Louisiana, and his efforts helped secure more than $45 million worth of bridges and hardsurfaced highways in Calcasieu Parish; and
WHEREAS, his accomplishments were innumerable, and Mr. Jones will long be remembered for his untiring efforts, and accomplished and dedicated service; and
WHEREAS, in his passing, the Parish of Calcasieu feels the loss of an outstanding public-spirited citizen and friend, 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 20th day of February, 2003, that it does hereby express sincere regret in the passing of Mr. Horace Lynn Jones.
BE IT FURTHER RESOLVED that this memorial shall be presented to the family of Mr. Jones in heartfelt sympathy and condolences and shall be spread upon the minutes of the Calcasieu Parish Police Jury.
THIS MEMORIAL IS ISSUED in loving and respectful memory of Mr. Horace Lynn Jones on this, the 20th day of February, 2003.
/s/ Chuck Kleckley, President
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Motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the rules be suspended by a two-thirds majority vote to authorize the President of the Police Jury to execute the necessary documents from PWK Timberland Corporation granting right-of-way to Waterworks District No. Five of Wards Three and Eight for the extension of water lines along Manchester Road in Ward Eight.
It was moved by Mrs. August, seconded by Mrs. Griffin and carried unanimously to go into executive session to discuss Lawsuit No. 99-6252 (Wall vs. Police Jury). Following the executive session, the Police Jury reconvened in regular session, and motion was made by Mrs. Treme, seconded by Mrs. August and carried unanimously that the report given by legal counsel during the executive session be approved.
There being no further business, motion was made by Mrs. August, seconded by Mr. McMillin and carried unanimously that the meeting be adjourned.
/s/ Chuck Kleckley, President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Secretary