July 24, 2003
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, July 24, 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 Luvertha August, Elizabeth Conway Griffin, and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chris Landry, Don Manuel, Hal McMillin, and Cornie Moon
Absent: Messrs. Algie Breaux and Charles S. Mackey, D.D.S. (vacation)
Also present were Mr. S. Mark McMurry, Parish Administrator, Mr. Bryan Beam, Assistant Administrator, Mrs. Coleen Clark, Executive Secretary, Mr. Richard Gremillion, Director of Emergency Preparedness, Mr. Jerry Milner, Director of Finance, Mr. Claude D. Smart, Parish Engineer, Mr. Allen Smith of the firm of Plauche, Smith and Nieset, Legal Counsel, Mrs. Kathy P. Smith, Recording Secretary, and Mr. Jim Vickers, Director of Planning and Development.
President Kleckley called the meeting to order. The invocation was pronounced by Mr. Derbonne which was followed by the Pledge of Allegiance. 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.
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Landry and carried unanimously, the following application for a liquor and beer permit was approved:
WARD III
Sunrise of Lake Charles, LLC
Farhana A. Swati - Member
SUNRISE SUPER SAVER
5508 Hwy 14
Lake Charles, LA 70605 Liquor & Beer - Pkg. $ 75.00
(Enos Derbonne’s District)
TOTAL REMITTANCE: $ 75.00
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It was moved by Mr. Andrepont, seconded by Mr. Landry and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated June 19, 2003.
Mr. Manuel presented certificates of recognition to the following players and coaches of the Moss Bluff American League All Star Pitching Machine Team, seven and eight year olds, for competing in the State Play-Offs: Players Zachary Bordelon, Evan Campbell, Adam Chase, Landon Deville, Kameron Esthay, Trey Giffin, Tanner Guidry, Eric Peterson, David Pigno, Clifton Reid, Zach Rome, Kody Rutherford, and Brian Wilkinson; Manager Dale Guidry; and Coaches Karl Esthay, Philip Rome, and Cliff Reid.
Manager Guidry thanked the Police Jury for this recognition and stated that it was an honor for Moss Bluff to have had two “A-teams” at the State play-offs this year.
Mr. Manuel then presented certificates of recognition to the following players and coaches of the Moss Bluff National League All Star Pitching Machine Team, seven and eight year olds, for winning the District Championship and competing in the State Play-Offs: Players Lane Nunez, Klayton Presgrove, Dustin Gour, Matt Mixon, Caleb Hebert, Blake Juranka, Hunter Giovanni, Derek LaPorte, Brett Gault, Dustin Duhon, Derrick Presgrove, Collin Kober, and Gage Griffen; Manager Gerald Kober; and Coaches Tim Griffen, Tim Mixon, and Glen Duhon.
Coach Glen Duhon thanked the Police Jury for recognizing his team and stated that both teams honored on this date had given 120% with no complaints.
President Kleckley advised that action was needed on Zoning Case RZ04-029-03 which was a request by Alfred J. Sittig, Sr. to rezone from A-1 (Agricultural) to R-M (Multi-Family Residential) to allow three duplexes at 371 West Dave Dugas Road in Ward Four, Police Jury District 12. He further advised that the Planning and Zoning Board had met on Tuesday, July 22, 2003, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that all parking and drives be hardsurfaced (concrete or asphalt).
Motion was made by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ04-029-03 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4580
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Alfred J. Sittig, Sr. to rezone from A-1 (Agricultural) to R-M (Multi Family Residential) to allow three duplexes on the property described as: That certain tract or parcel of land situated in Lot 3 of the Eugenia Clark Estate, an estate located in the SW/4 of the SW/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana, being more particularly described as follows: Com at the SE cor of the SW/4 of the SW/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence N 89 degs 55’ 15” W for a distance of 255.75 feet; thence N 00 degs 00’ 03” E for a distance of 30.0 feet, the point of beginning of herein described tract; thence N 00 degs 00’ 03” E for a distance of 206.37 feet; thence N 88 degs 34’ 32” W for a distance of 58.61 feet; thence N 01 degs 43’ 17” W for a distance of 88.37 feet; thence N 88 degs 36’ 02” W for a distance of 65.20 feet; thence S 00 degs 48’ 47” W for a distance of 103.89 feet; thence N 89 degs 23’ 38” W for a distance of 35.82 feet; thence S 00 degs 53’ 21” E for a distance of 214.01 feet; thence S 89 degs 55’ 15” E for a distance of 156.36 feet to the pob.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 24th day of July, 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 Four of this parish:
From A-1 (Agricultural) to R-M (Multi Family Residential) to allow three duplexes with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that all parking and drives must be hard surfaced (concrete or asphalt), on the property described as: That certain tract or parcel of land situated in Lot 3 of the Eugenia Clark Estate, an estate located in the SW/4 of the SW/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana, being more particularly described as follows: Com at the SE cor of the SW/4 of the SW/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence N 89 degs 55’ 15” W for a distance of 255.75 feet; thence N 00 degs 00’ 03” E for a distance of 30.0 feet, the point of beginning of herein described tract; thence N 00 degs 00’ 03” E for a distance of 206.37 feet; thence N 88 degs 34’ 32” W for a distance of 58.61 feet; thence N 01 degs 43’ 17” W for a distance of 88.37 feet; thence N 88 degs 36’ 02” W for a distance of 65.20 feet; thence S 00 degs 48’ 47” W for a distance of 103.89 feet; thence N 89 degs 23’ 38” W for a distance of 35.82 feet; thence S 00 degs 53’ 21” E for a distance of 214.01 feet; thence S 89 degs 55’ 15” E for a distance of 156.36 feet to the pob.
Zoning Case RZ04-029-03
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 action was needed on Zoning Case RZ04-028-03 which was a request by Joseph R. Ellender to rezone from I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development (manufactured home) at 725 Harvest Drive in Ward Four, Police Jury District 12. He further advised that the Planning and Zoning Board had met on Tuesday, July 22, 2003, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the manufactured home be skirted within thirty days of zoning approval; and (3) that all junk items (washer, boat, water heater, air ducts, etc.) be removed from the premises within thirty days of zoning approval.
It was moved by Mr. Andrepont, seconded by Mr. Clement and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-028-03 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4581
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Joseph R. Ellender to rezone from I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development (manufactured home) on the property described as: Com at a point 486.66 feet m/l N of the SW cor of the SE/4 of the SW/4 of S14, T10S, R10W, (as such corner has been located by Calcasieu Parish Engineers for the purpose of road location and by no other survey), to a point on the westward extension of the N edge of the right of way line of First Street in Gulf Breeze Subdivision; thence E along the N right-of-way line 425 feet; thence N 400 feet; thence E 245 feet; thence S 400 feet; thence W 245 feet to the poc, less than the N 100 feet.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 24th day of July, 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 Four of this parish:
From I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development (manufactured home) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the manufactured home must be skirted within 30 days of zoning approval; and 3) that all junk items (washer, boat, water heater, air ducts, etc.) must be removed from the premises within 30 days of zoning approval, on the property described as: Com at a point 486.66 feet m/l N of the SW cor of the SE/4 of the SW/4 of S14, T10S, R10W, (as such corner has been located by Calcasieu Parish Engineers for the purpose of road location and by no other survey), to a point on the westward extension of the N edge of the right of way line of First Street in Gulf Breeze Subdivision; thence E along the N right-of-way line 425 feet; thence N 400 feet; thence E 245 feet; thence S 400 feet; thence W 245 feet to the poc, less the N 100 feet.
Zoning Case RZ04-028-03
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 action was needed on Zoning Case RZ04-027-03 which was a request by Clinton and Linda Charlie to rezone from A-1 (Agricultural) and I-1 (Light Industrial) to R-MHP (Manufactured Home Park) to allow a 78-space RV park at 6560 Highway 1133 in Ward Four, Police Jury District 12. He further advised that the Planning and Zoning Board had met on Tuesday, July 22, 2003, and voted to defer action for thirty days.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, action was deferred for thirty days on Zoning Case RZ04-027-03.
President Kleckley advised that action was needed with reference to amending the Parish Zoning Ordinance and Subdivision Ordinance to reflect new requirements as per the recently adopted Sewerage Ordinance (Ordinance No. 4555). He further advised that the Planning and Zoning Board had met on Tuesday, July 22, 2003, and voted unanimously to recommend that the Calcasieu Parish Code of Ordinances be amended.
Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with reference to amending the Parish Zoning Ordinance and Subdivision Ordinance to reflect new requirements as per the recently adopted Sewerage Ordinance (Ordinance No. 4555), and further, that the following ordinance be adopted to reflect such amendments:
ORDINANCE NO. 4582
AN ORDINANCE amending various sections of Chapter 23 - SUBDIVISIONS, and Chapter 26 - ZONING, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to allow for uniformity with the sewerage ordinance.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 24th day of July, 2003, that it does hereby amend the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:
SECTION I. Sec. 23-6. Standards for development; all subdivisions. (a) Lots. (1), of Chapter 23 - SUBDIVISIONS, is amended in its entirety to read as follows:
(a) Lots.
(1) The minimum size of residential lots for single family dwellings shall be:
(a) 100 feet wide and a total surface area of not less than 16,000 square feet (mechanical plant with public or community water).
(b) 125 feet wide and a total surface area of not less than 16,000 square feet (mechanical plant without public or community water).
(c) 100 feet wide and a total surface area of not less than 22,500 square feet (septic tank with public or community water).
(d) 125 feet wide and a total surface area of not less than 22,500 square feet (septic tank without public or community water).
(e) 60 feet wide and a total surface area of not less than 7,500 square feet (private community sewerage system or public sewerage system with public or community water).
(f) 100 feet wide and a total surface area of not less than half-acre (public or community water) for A-1 zoned properties.
(g) 125 feet wide and a total surface area of not less than half-acre (without public or community water) for A-1 zoned properties.
SECTION II. Sec. 23-6. Standards for development; all subdivisions. (a) Lots. (4), of Chapter 23 - SUBDIVISIONS, is to be removed from said section, and the remaining items within said section renumbered:
(4) Where on-site sewerage disposal facilities will be utilized, the minimum lot size shall meet the minimum size and shape specified by the health department of the state.
SECTION III. Chapter 26 - ZONING, Art. IV. Development Regulations, Div. 3. District Regulations, Sec. 26-28. Minimum requirements., CHART A - Schedule of Zoning District Regulations of Chapter 26 - ZONING, is amended by changing the Minimum Lot Area for Zoning District: A-1 (Agricultural) as follows:
Minimum Lot Area —
(1) Half-acre with minimum of 100 feet of frontage with public or community water.
(2) Half-acre with minimum of 125 feet of frontage without public or community water.
SECTION IV. Chapter 26 - ZONING, Art. IV. Development Regulations, Div. 3. District Regulations, Sec. 26-28. Minimum requirements., CHART A - Schedule of Zoning District Regulations of Chapter 26 - ZONING, is amended by changing the Minimum Lot Area for Zoning District: R-1 (Single Family Residential) as follows:
Minimum Lot Area for Development —
(1) 100 feet wide and a total surface area of not less than 16,000 square feet (mechanical plant with public or community water).
(2) 125 feet wide and a total surface area of not less than 16,000 square feet (mechanical plant without public or community water).
(3) 100 feet wide and a total surface area of not less than 22,500 square feet (septic tank with public or community water).
(4) 125 feet wide and a total surface area of not less than 22,500 square feet (septic tank without public or community water).
(5) 60 feet wide and a total surface area of not less than 7,500 square feet (private community system or public sewer with public or community water).
SECTION V. Chapter 26 - ZONING, Art. IV. Development Regulations, Div. 3. District Regulations, Sec. 26-28. Minimum requirements., CHART A - Schedule of Zoning District Regulations of Chapter 26 - ZONING, is amended by changing the Minimum Lot Area for Zoning District: R-2 (Mixed Residential) as follows:
Minimum Lot Area for Development —
(1) 100 feet wide and a total surface area of not less than 16,000 square feet (mechanical plant with public or community water).
(2) 125 feet wide and a total surface area of not less than 16,000 square feet (mechanical plant without public or community water).
(3) 100 feet wide and a total surface area of not less than 22,500 square feet (septic tank with public or community water).
(4) 125 feet wide and a total surface area of not less than 22,500 square feet (septic tank without public or community water).
(5) 60 feet wide and a total surface area of not less than 7,500 square feet (private community system or public sewer with public or community water).
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
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 24th day of July, 2003.
/s/ Chuck Kleckley, President
/s/ S. Mark McMurry, Parish Administrator &
Ex-Officio Parish Secretary
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Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolutions were adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by Anthony J. Palermo, Sr. and Joseph R. Palermo, Jr. to clear, grade, and place approximately 32,266 cubic yards of earthen fill in an area for commercial development that would support a warehouse, hotel, truck/tire shop, and parking area. Project implementation would impact approximately 19.0 acres of jurisdictional wetlands. The proposed project site is situated southeasterly of Interstate 10 and LA Highway 108, in Sulphur, Louisiana, in Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Anthony J. Palermo, Sr. and Joseph R. Palermo, Jr. relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of the City of Sulphur.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 24th day of July, 2003, that it does hereby indicate no objection to the proposal of Anthony J. Palermo, Sr. and Joseph R. Palermo, Jr. to clear, grade, and place approximately 32,266 cubic yards of earthen fill in an area for commercial development that would support a warehouse, hotel, truck/tire shop, and parking area. Project implementation would impact approximately 19.0 acres of jurisdictional wetlands. The proposed project site is situated southeasterly of Interstate 10 and LA Highway 108, in Sulphur, Louisiana, in Calcasieu Parish.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, subject to Best Management Practices during the course of construction set fourth by EPA guidelines,
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by Alfred J. Sittig to clear, grade, deposit, and maintain earthen and aggregate material as necessary to construct a residential subdivision. Approximately 700 cubic yards of clean earthen fill material, 140 cubic yards of cement and 50 cubic yards of gravel would be used to construct foundations for four home sites, driveways, and parking areas. The proposed project site is six acres of which approximately 36 percent has been determined to be jurisdictional wetlands. Said project is located about 6.0 miles northwesterly from Sulphur, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Alfred J. Sittig 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 24th day of July, 2003, that it does hereby indicate no objection to the proposal of Alfred J. Sittig to clear, grade, deposit, and maintain earthen and aggregate material as necessary to construct a residential subdivision. Approximately 700 cubic yards of clean earthen fill material, 140 cubic yards of cement and 50 cubic yards of gravel would be used to construct foundations for four home sites, driveways, and parking areas. The proposed project site is six acres of which approximately 36 percent has been determined to be jurisdictional wetlands. Said project is located about 6.0 miles northwesterly from Sulphur, 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, subject to Best Management Practices during the course of construction set fourth by EPA guidelines,
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by Friendly Builders, c/o Arabie Environmental Solutions, Inc. to clear, grade, grub, excavate, and place approximately 17,000 cubic yards of on-site earthen material and 25,500 cubic yards of hauled-in fill for construction of house pads, driveways, access roads, and drainage ditches, all to implement a 75-lot single-family residential subdivision. Project implementation would impact approximately 14.70 acres of jurisdictional wetlands of the 35.0 acre site. Said project is located off of Lake Street near Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Friendly Builders, c/o Arabie Environmental Solutions, Inc. relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 24th day of July, 2003, that it does hereby indicate no objection to the proposal of Friendly Builders, c/o Arabie Environmental Solutions, Inc. to clear, grade, grub, excavate, and place approximately 17,000 cubic yards of on-site earthen material and 25,500 cubic yards of hauled-in fill for construction of house pads, driveways, access roads, and drainage ditches, all to implement a 75-lot single-family residential subdivision. Project implementation would impact approximately 14.70 acres of jurisdictional wetlands of the 35.0 acre site. Said project is located off of Lake Street near Lake Charles, 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, subject to Best Management Practices during the course of construction set fourth by EPA guidelines,
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by Carnes Oil Corporation to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. The proposed project consists of the excavation and resulting dredged material placement of a 250-foot by 69-foot parallel slip and a 70-foot by 70-foot wing. Dredged material from the excavation, 6,322 cubic yards, will be placed adjacent to the newly constructed slip. 506 cubic yards of shell material will be used to construct a 210-foot by 65-foot shell pad. The slip will be used to facilitate the use of an inland drilling barge. Upon successful completion of the well, a 20-foot by 10-foot well protector platform will be constructed around the well. A 200-foot by 3-foot walkway will be constructed from the platform to the old Louisiana Highway 90 roadbed. A 4.5-inch flowline will run from the well, supported by the walkway, to the old Louisiana Highway 90 centerline. The total impacts to the waters of the United States are 1.99 acres. Said project is located in a borrow ditch off of the Sabine River, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Carnes Oil Corporation 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 24th day of July, 2003, that it does hereby indicate no objection to the proposal of Carnes Oil Corporation to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. The proposed project consists of the excavation and resulting dredged material placement of a 250-foot by 69-foot parallel slip and a 70-foot by 70-foot wing. Dredged material from the excavation, 6,322 cubic yards, will be placed adjacent to the newly constructed slip. 506 cubic yards of shell material will be used to construct a 210-foot by 65-foot shell pad. The slip will be used to facilitate the use of an inland drilling barge. Upon successful completion of the well, a 20-foot by 10-foot well protector platform will be constructed around the well. A 200-foot by 3-foot walkway will be constructed from the platform to the old Louisiana Highway 90 roadbed. A 4.5-inch flowline will run from the well, supported by the walkway, to the old Louisiana Highway 90 centerline. The total impacts to the waters of the United States are 1.99 acres. Said project is located in a borrow ditch off of the Sabine River, 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, subject to Best Management Practices during the course of construction set fourth by EPA guidelines,
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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President Kleckley advised that a report would be received at this time from the Director of the Division of Planning and Development regarding the adjudicated property program.
Mr. Vickers advised that closings had been held on approximately 30% of the 70 pieces of adjudicated property owned by the Parish which had resulted in a collection of approximately $120,000, two-thirds of which would go to the taxing entities. Mr. Vickers further advised that the staff had begun “tweaking” the process to make it faster and more streamlined for interested persons to obtain these properties, the biggest advantage of which was getting these properties back into commerce and not having to maintain them.
Mr. Vickers recommended that a potential purchaser be required to put up 25% of the purchase price as earnest money, with the understanding that if the property was to be redeemed by the tax debtor prior to closing of the sale, the earnest money would be returned to the potential purchaser. He also recommended that the potential purchaser be given 60 days (as opposed to 120 days as was allowed at the present time) to provide a mortgage certificate, and further, that the sale of a piece of adjudicated property be completed within six months (as opposed to one year as was allowed at the present time). Mr. Vickers pointed out that these amendments would expedite the entire process.
Motion was made by Mrs. August, seconded by Mr. Collins and carried unanimously that the amendments as outlined heretofore by Mr. Vickers be approved and that the following resolution outlining same be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 24th day of July, 2003, that it does hereby approve an amendment to the ordinance which authorizes disposition of adjudicated properties whereby Section 2(B) is added to said ordinance as follows:
B. Upon written request from the Adjudicated Property Section of the Division of Planning and Development, the Purchaser shall remit 25% of the purchase price as earnest money to be held in escrow by the Calcasieu Parish Police Jury for application to the purchase price at closing, or to be retained by it in the event Purchaser fails to complete the purchase.
BE IT FURTHER RESOLVED that Section 3 of said ordinance is amended to read in its entirety as follows:
Section 3.If purchaser should fail to complete the requirements of Section 2 A) and B)within sixty (60) days of adoption of this ordinance, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to anyone who shall complete the requirements of Section 2. If all the requirements of Section 2 are not completed within six months from the date this ordinance is adopted, the authority of the President or the Director of the Division of Planning and Development to execute an act of cash sale for this property shall cease, and any and all rights of the purchaser to this property shall terminate.
THUS DONE AND PASSED on the date above inscribed.
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Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the President of the Police Jury was authorized to execute the necessary documents for acquisition of right-of-way from Owen Ray Bellon on Highline Road in Ward One (Calcasieu Parish Project No. 2003-06).
It was moved by Mr. McMillin, seconded by Mr. Moon and carried unanimously to authorize the President of the Police Jury to execute the necessary documents for acquisition of right-of-way from American Sulphur Oil Company on Paul Bellon Road in Ward One (No Project Number).
President Kleckley advised that action was needed on adopting a resolution authorizing a letter to be sent to the Louisiana Department of Transportation and Development requesting that consideration be given in order of the priority shown to various railroad crossings within Calcasieu Parish for the installation of signal devices under the Highway Funding Program 203.
In answer to a question by Mrs. Griffin, Mr. Tim Conner, Assistant Parish Engineer, explained that the purpose of the resolution was to set priorities so that when money became available, a system would already be in place for designation of crossings for installation of signal devices. Mr. Conner further stated that there was not much money in this particular program for distribution around the State and it was only for use in the unincorporated areas.
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Collins 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 24th day of July, 2003, that it does hereby submit to the State of Louisiana, Department of Transportation and Development, the following updated priority rating of railroad crossings for Highway Safety Funding Program 203:
PRIORITY RAILROAD ROUTE DOT NO.
1 SP Packing House Road 767-959B
2 SP Bayou D’Inde Road 768-087S
3 KCS Mike Hooks Road 329-411U
4 KCS Pete Manena Road 329-639U
5 KCS Pete Manena Road 329-638M
6 KCS Pete Manena Road 329-637F
7 KCS Landry Street 329-421B
8 KCS Anthony Ferry Road 329-368R
9 KCS Bankens Road 329-367J
10 KCS Rigmaiden Cemetery Road 329-360L
11 KCS Holbrook Park Road 329-362A
12 KCS Miller Road 329-332H
13 LC Lincoln Road 869-611T
14 LC Lincoln Road 868-607D
15 LC Gauthier Road 869-615V
16 LC Tom Hebert Road 869-614N
17 LC Corbina Road 869-616C
18 LC Tank Farm Road 869-613G
19 LC Greathouse Road 869-612A
20 SP Davison Road 768-106U
21 SP Pak Tank Road 768-107B
22 SP Cooper Road 768-147Y
23 KCS Evergreen Drive 329-373M
24 KCS Church Street 329-351M
25 KCS Edgerly DeQuincy Road
26 SP Miller Road 768-133R
27 SP LeDoux Road 768-131C
28 SP Stegall Road 768-122D
29 KCS Bayou D’Inde Road
30 KCS Creek Road 329-350F
31 LC Nelson Road 869-630X
32 LC Lake Street 869-629D
33 LC Elliot Road 869-631E
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Motion was made by Mrs. Treme, seconded by Mr. Clement and carried unanimously that a Joint Services Agreement be approved between the Police Jury and Community Center and Playground District No. One of Ward Six wherein the Division of Engineering and Public Works would haul road base to the Oak Street Park located in DeQuincy, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. (It was noted that approximately 200 tons of road base would be hauled at an approximate cost of $369.90 which would be totally reimbursed by the Community Center and Playground District.)
It was moved by Mrs. Treme and seconded by Mrs. August to adopt a resolution authorizing and approving the issuance by the Calcasieu Parish Public Trust Authority of $1,245,000 Mortgage Revenue Refunding Bonds, Series 2003A, and $4,610,000 Mortgage Revenue Refunding Bonds, Series 2003B.
Mrs. Griffin stated that she had attended a recent IMCAL meeting and that Mr. Tim Castle of the Public Trust Authority had addressed the group relative to the desire of the Authority to expand its services to surrounding parishes.
Mrs. Treme explained that the Authority had been considering this for some time and that they would like to open up the possibility of providing services to the five-parish area including Calcasieu, Allen, Beauregard, Jefferson Davis, and Cameron parishes. Mrs. Treme further explained that this would probably necessitate changes to the way the Public Trust Authority was originally set up in order to serve as a conduit for some of the other parishes to avail themselves of the low interest rate housing, as well as to lure industry to those areas. Mrs. Treme stated that the Authority was in the process of offering these services and receiving feedback.
Mrs. Treme further stated that the motion on the floor had to do with the fact that with the low interest rates currently available through various lending institutions, the Public Trust Authority was not even in the ballpark with its rates. She pointed out that with the mortgage revenue refunding bonds being approved on this date, the Trust Authority would pay 4.5% of the down payment and closing costs and that the interest rate would be somewhere around 5.1% or 5.2%.
Mrs. August stated that she was very pleased that other parishes were being asked to participate in the Authority’s endeavors but that her only concern was that the Parish’s good bond rating not suffer as a result thereof.
Mrs. Treme stated that was a point well taken and that the Trust Authority would need to depend on good guidance from its bonding attorney, Mr. Joseph Delafield.
A vote was then taken on the motion on the floor, and said motion carried unanimously; whereupon, the following resolution was adopted:
RESOLUTION
A RESOLUTION AUTHORIZING AND APPROVING ISSUANCE BY THE CALCASIEU PARISH PUBLIC TRUST AUTHORITY OF $1,245,000 MORTGAGE REVENUE REFUNDING BONDS, SERIES 2003A, AND $4,610,000 MORTGAGE REVENUE REFUNDING BONDS, SERIES 2003B, AND PROVIDING FOR OTHER MATTERS WITH RESPECT THERETO.
WHEREAS, on May 14, 2003, the Calcasieu Parish Public Trust Authority (the “Issuer”) adopted a resolution authorizing issuance of not exceeding $5,925,000 of its Mortgage Revenue Refunding Bonds; and
WHEREAS, on June 5, 2003, the Calcasieu Parish Police Jury adopted a resolution approving and authorizing issuance of not exceeding $5,925,000 of the Issuer’s Mortgage Revenue Refunding Bonds; and
WHEREAS, on July 9, 2003, the Issuer adopted a resolution authorizing issuance of $1,245,000 of its Mortgage Revenue Refunding Bonds, Series 2003A, and $4,610,000 of its Mortgage Revenue Refunding Bonds, Series 2003B (collectively, the “Bonds”); and
WHEREAS, on July 14, 2003, pursuant to notice, a copy of which is annexed hereto, the Issuer conducted a public hearing to allow all interested persons and elected representatives to express their views with regard to the proposed issuance of the Bonds by the Issuer, in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986 regarding the public approval prerequisite to assure the exemption from federal income taxation of the interest on the Bonds; and
WHEREAS, no one appeared at the public hearing to ask questions or give statements or comments (pro or con) concerning the Bonds; and
WHEREAS, on June 19, 2003, the Louisiana State Bond Commission gave final approval and authority to issue, sell and deliver the Bonds, and accept the written offer of George K. Baum & Company, Houston, Texas, for purchase of the Bonds in an amount not exceeding $5,925,000 of Mortgage Revenue Refunding Bonds, Series 2003, all in accordance with the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the “Act”); and
WHEREAS, the Parish of Calcasieu, as the beneficiary of the Issuer, must approve by resolution all bonds of the Issuer;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury, the governing authority of the Parish of Calcasieu, Louisiana, as follows:
SECTION 1. The issuance, sale and delivery by the Calcasieu Parish Public Trust Authority of $1,245,000 of its Mortgage Revenue Refunding Bonds, Series 2003A, and $4,610,000 of its Mortgage Revenue Refunding Bonds, Series 2003B, is hereby ratified and approved.
SECTION 2. All other resolutions in conflict herewith be, to the extent of such conflict, and the same are hereby repealed.
APPROVED AND ADOPTED this 24th day of July, 2003.
/s/ Chuck Kleckley, President
/s/ S. Mark McMurry, Secretary
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Motion was made by Mr. Andrepont and seconded by Mr. Collins to adopt a resolution approving the exercise of the option to renew the Joint Services Agreement between the Police Jury and the Calcasieu Parish Sheriff’s Office for a one-year period beginning July 1, 2003, for the operation of the Motorist Assistance Patrol (MAP) Program, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.
Mr. Andrepont stated that there were two programs in the Parish that he received a lot of positive comments on, one being the MAP and the other being the parishwide Transit Program (operated by the Office of Community Services). He praised the Jury and the staff for vision shown in keeping the MAP program going.
Mr. Moon agreed with Mr. Andrepont’s comments and asked Mr. McCorquodale, legal counsel for the Sheriff’s Office, for his thoughts on how the program was going. Mr. McCorquodale stated that the Sheriff’s Office was also very excited about the program and pointed out that newer vehicles had been procured. He stated that they were also very excited about securing a 70% grant in funding from the Louisiana Department of Transportation and Development (in the amount of $124,992) which would relieve some of the financial burden of both the Police Jury and the Sheriff’s Office. (Each would be responsible for 15% of the cost of the program, or $26,784 each.) Mr. McCorquodale advised that a lot of the brochures that were distributed (with evaluation forms) came back with very positive comments.
Mr. Moon pointed out that the last time this matter was discussed, there had been a question relative to visibility of the MAP vehicles and the comments made by some people that they were difficult to recognize as MAP vehicles.
Sergeant Tim Gilland of the Sheriff’s Office appeared before the Police Jury and stated that he was in charge of the program. He showed a picture of the trucks and pointed out that the lights on them were much more visible and that they also had the decals of the Sheriff’s Office, the State, and the Police Jury on them.
Mrs. Griffin stated she was so pleased to see the vehicles out on the interstate and that the citizens should know all of the good things the Police Jury was doing in conjunction with other agencies.
In answer to a question by Mr. Andrepont, Mr. Gilland stated that an example of “other” services rendered, as shown on the chart attached to the agenda, could mean lending someone a cellular phone or transporting them to a cooler place, etc.
Mr. McMillin asked if there were any statistics available which would show where the people who were assisted were from, to which Mr. Gilland responded that in the last year, the MAP helped 957 out-of-state people and 3,113 who lived in Louisiana. Mr. Beam pointed out that the ratio was approximately 70% (in state) to 30% (out-of-state) based on numbers provided by the Sheriff’s Office.
Mr. Clement referenced a recent accident on the Atchafalaya Basin near Baton Rouge involving a large number of vehicles, and he asked if the MAP program provided assistance on, for instance, the I-210 bridge by trying to alert oncoming traffic to a wreck ahead. Sergeant Gilland stated that the MAP vehicles patrolled their routes looking for people to assist and were always moving around but if there was an accident, MAP vehicles were used to close lanes, direct traffic, or render assistance to other law enforcement agencies.
In answer to a question by Mr. McMillin, Sergeant Gilland advised that the assistance of the MAP program could be requested by dialing 911 or 491-3600, the latter being the front desk at the Sheriff’s Office, and that MAP patrols took place along I-10 between Highway 27 (West) and Highway 397 (East), as well as the entire I-210 Loop.
There being no further discussion, President Kleckley called for a vote on the motion on the floor, and said motion carried unanimously;