August 21, 2003
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, August 21, 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, Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornie Moon
Absent: None
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, Mrs. Cheryl Heisser, Director of Human Resources, 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 Mrs. Treme 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.
Mr. Breaux was granted a point of personal privilege to congratulate those jurors who had no opposition in the upcoming election. (Qualifying for the 2003 police jury election was August 19th through August 21st, and the following jurors had no one qualify to run against them: Dr. Mackey, Mr. Moon, Mr. Landry, President Kleckley, Mr. Clement, and Mr. Danahay.) Mr. Breaux also stated that he knew from personal experience that the jurors who did have opposition had done a great job, and he wished them luck in the election. He pointed out that some people ran for police juror just for name recognition or the money, but he knew they would not get rich on a juror’s salary.
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the following application for a liquor and beer permit be approved:
WARD I
Gateway Grocery, Inc.
Chan J. Swati - Pres.
GATEWAY GROCERY
1783 Highway 171 North
Lake Charles, LA 70611 Beer - Pkg. $ 25.00
(Don Manuel’s District)
TOTAL REMITTANCE: $ 25.00
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Mr. McMillin was granted a point of personal privilege to welcome former Police Juror Ken Brown who represented the Westlake area (1980-1984). Mr. McMillin stated that the recreation district in Westlake was one of the best around, in part due to Mr. Brown’s efforts while serving on the Jury.
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 July 24, 2003, were approved, and the reading of same was dispensed with.
President Kleckley advised that action was needed on Road Abandonment Case RA03-003-03 which was a request by Lake Charles Harbor and Terminal District for a road abandonment to abandon a 20-foot wide undeveloped right-of-way off Cagle Lane in Ward Three, Police Jury District 8. He further advised that the Planning and Zoning Board had met on Tuesday, August 19, 2003, and voted unanimously to recommend the abandonment of an existing and undeveloped right-of-way from Contraband Bayou to Cagle Lane.
Mr. Vickers explained that basically, this was a right-of-way that had been on the books since the late 1800's and had never been constructed, and Pinnacle Entertainment needed the right-of-way abandoned in order to proceed with development of their facility.
It was moved by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the recommendation of the Planning and Zoning Board be approved with reference to RA03-003-03 and that the request to abandon a 20-foot wide undeveloped right of-way off Cagle Lane in Ward Three be approved; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 2003, that it does hereby abandon the road right-of-way for a 20 foot wide, undeveloped right-of-way off Cagle Lane in Ward Three of Calcasieu Parish, Louisiana, as requested by Lake Charles Harbor & Terminal District, and recommended by the Calcasieu Parish Planning and Zoning Board, on the property described as:
In S38, T10S, R9W, LA Mer. said strip to be 20 feet wide from R bank as far S as the land of J. B. Watkins adjoins his from thence S to be 20 feet wide to the SW cor of said S38.
RA03-003-03
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 RZ03-030-03 which was a request by Charles M. Sensat to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) at 2756 Highway 3059 in Ward Three, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, August 19, 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 must be skirted prior to utilities being connected; and (3) that the proper permits must be obtained within 30 days of zoning approval.
Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Collins and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ03-030-03, and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4599
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Charles M. Sensat to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) on the property described as: Lot “A” of Eulise Benoit Subdivision, as per plat recorded in Plat Book 10, page 191, records of Calcasieu Parish, Louisiana, less and except that portion sold to the State of Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 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 Three of this parish:
From C-1 (Light Commercial) to R-2 (Mixed Residential) 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 prior to utilities being connected; and 3) that the proper permits must be obtained within 30 days of zoning approval; on the property described as: Lot “A” of Eulise Benoit Subdivision, as per plat recorded in Plat Book 10, page 191, records of Calcasieu Parish, Louisiana, less and except that portion sold to the State of Louisiana.
Zoning Case RZ03-030-03
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 RZ01-031-03 which was a request by Mrs. Clyde R. Gill to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) at 667 Parish Road in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, August 19, 2003, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development.
Motion was made by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-031-03 and that the request to rezone be granted with the stipulation outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4600
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Mrs. Clyde R. Gill to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) on the property described as: Lots 2, 3, 4, of Block “D”; of the Newton Subdivision of the SE/4 NE/4 W of Railroad in S5, T9S, R8W.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 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 C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development, on the property described as: Lots 2, 3, 4, of Block “D”; of the Newton Subdivision of the SE/4 NE/4 W of Railroad in S5, T9S, R8W.
Zoning Case RZ01-031-03
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 RZ03-032-03 which was a request by Margaret Lefevre to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision off Helms Road in Ward Three, Police Jury District 9. He further advised that the Planning and Zoning Board had met on Tuesday, August 19, 2003, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development.
It was moved by Mrs. August, seconded by Mrs. Griffin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-032-03 and to grant the request to rezone with the stipulation outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4601
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Margaret Lefevre to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision on the property described as: Com 400 feet W of the SE cor of the SW/4 of S29, T11S, R8W, thence N 2656.2 feet to the N line of the SW/4 of S29, T11S, R8W; thence W 937.3 feet; thence S 2656.2 feet to the S line of said SW/4 of S29, T11S, R8W; thence E along the S line of the SW/4 of S29, T11S, R8W, 937.3 feet to the poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 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 Three of this parish:
From A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development, on the property described as: Com 400 feet W of the SE cor of the SW/4 of S29, T11S, R8W, thence N 2656.2 feet to the N line of the SW/4 of S29, T11S, R8W; thence W 937.3 feet; thence S 2656.2 feet to the S line of said SW/4 of S29, T11S, R8W; thence E along the S line of the SW/4 of S29, T11S, R8W, 937.3 feet to the poc
Zoning Case RZ03-032-03
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 RZ08-033-03 which was a request by Randall and Kimberly Albrecht, II to rezone from I-1 (Light Industrial) to A-1 (Agricultural) to allow residential development on Canal Road in Ward Eight, Police Jury District 10. He further advised that the Planning and Zoning Board had met on Tuesday, August 19, 2003, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development.
Upon motion made by Dr. Mackey, which was duly seconded by Mr. Moon and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ08-033-03, and the request to rezone was approved with the stipulation outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4602
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Randall and Kimberly Albrecht, II to rezone from I-1 (Light Industrial) to A-1 (Agricultural) to allow residential development on the property described as: Com at the SW cor of Heirs of Caesar E. And Alzir Guidry Partition in S9, T10S, R7W, as per plat of survey dated May 11, 1968, by Phillip L. Whitaker, said point being S 2890 feet and S 78 degs 32' E a distance of 673 feet from the NW cor of said S9, thence N along the W line of said Guidry Partition a distance of 329.77 feet, thence W a distance of 270.0 feet, thence S a distance of 275.0 feet, thence S 78 degs 32' E a distance of 275.5 feet to the poc, less and except Lot 7 of Block 2 Manchester, as per plat filed in Conveyance Book 43, Page 109, records of Calcasieu Parish containing 1.8 acres m/l.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 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 Eight of this parish:
From I-1 (Light Industrial) to A-1 (Agricultural) to allow residential development with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development, on the property described as: Com at the SW cor of Heirs of Caesar E. And Alzir Guidry Partition in S9, T10S, R7W, as per plat of survey dated May 11, 1968, by Phillip L. Whitaker, said point being S 2890 feet and S 78 degs 32' E a distance of 673 feet from the NW cor of said S9, thence N along the W line of said Guidry Partition a distance of 329.77 feet, thence W a distance of 270.0 feet, thence S a distance of 275.0 feet, thence S 78 degs 32' E a distance of 275.5 feet to the poc, less and except Lot 7 of Block 2 Manchester, as per plat filed in Conveyance Book 43, Page 109, records of Calcasieu Parish containing 1.8 acres m/l.
Zoning Case RZ08-033-03
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 RZ01-034-03 which was a request by Imperial RR Ltd. to rezone from C-1 (Light Commercial) to R-1 (Single Family Residential) to allow a residential subdivision at the southwest corner of Dunn Ferry Road and Sutherland Road in Ward One, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, August 19, 2003, and voted unanimously to recommend that the request be granted.
Motion was made by Mr. McMillin, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-034-03 and that the request to rezone be granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4603
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Imperial RR Ltd. to rezone from C-1 (Light Commercial) to R-1 (Single Family Residential) to allow a residential subdivision on the property described as: A portion of the NE/4 of the NW/4 of S26, T8S, R9W.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 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 C-1 (Light Commercial) to R-1 (Single Family Residential) to allow a residential subdivision on the property described as: A portion of the NE/4 of the NW/4 of S26, T8S, R9W.
Zoning Case RZ01-034-03
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 needed on Zoning Case RZ03-036-03 which was a request by Claude and Pamela Stelly to rezone from R-1 (Single Family Residential) to R-M (Multi-Family Residential) to allow two duplexes on Julia Street in Ward Three, Police Jury District 8, due to the fact that said request had been withdrawn.
President Kleckley advised that action was needed on Zoning Case RZ04-037-03 which was a request by Palvest, Inc. to rezone from R-2 (Mixed Residential) and C-2 (General Commercial) to I-1 (Light Industrial) to allow a contractor’s shop, storage yard, and light industrial subdivision on Highway 27 South in Ward Four, Police Jury District 12. He further advised that the Planning and Zoning Board had met on Tuesday, August 19, 2003, and voted nine (for) to two (against) 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 developer must submit a revised site plan for the 20-acre undeveloped area prior to the development or subdivision, less and except the 10-acre tract to be sold to Performance Contractors, Inc.; (3) that all drives and parking must be hard surfaced (concrete, asphalt or calbase); (4) that an eight-foot wooden fence must be installed along the north property line, excluding the east 300' prior to permit issuance; and (5) that the ten-acre site plan must provide for 22 parking spaces.
It was moved by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-037-03 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4604
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Palvest, Inc. to rezone from R-2 (Mixed Residential) and C-2 (General Commercial) to I-1 (Light Industrial) to allow a contractor’s shop, storage yard and light industrial subdivision on the property described as: Tract of land being in S15, T10S, R10W, Louisiana Meridian, Calcasieu Parish, LA, and being more particularly described as: Com at the SW cor of Lot 33 of Rosemont No. 3, a subdivision as per plat recorded in Plat Book 28, page 12, records of Calcasieu Parish, LA, said poc being 1720.10 feet S 88 degs 46’ 00” W and 1882.20 feet S of the intersection of the W right-of-way line of Hwy. 27 and the S right-of-way line of Gulf States Utilities Company; thence N 88 degs 46’ 00” E a distance of 1711.39 feet to the W right-of-way of Highway 27; thence S 00 degs 07’ 25” W along said W right-of-way a distance of 750.21 feet; thence N 89 degs 14’ 20” W a distance of 1321.47 feet m/l to the E high bank of an existing ditch, hereinafter referred to as “Ditch A”; thence northerly along said E high bank of “Ditch A” a distance of 18.02 m/l to the S high bank of an existing ditch hereinafter referred to as “Ditch B” thence northerly a distance of 35.92 feet m/l to the N high bank of said Ditch B; thence westerly along said N high bank of Ditch B a distance of 461.70 feet m/l to a point at which said Ditch B turns northerly; thence northerly along E high bank of said Ditch B a distance of 635.13 feet to a point; said point being S 88 degs 46’ 00” W a distance of 202.09 feet from the said SW cor of Lot 33 of said Rosemont No. 3 and the poc; thence N 88 degs 46’ 00” E a distance of 202.09 feet to the poc, containing 29.89 acres m/l.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 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 R-2 (Mixed Residential) and C-2 (General Commercial) to I-1 (Light Industrial) to allow a contractor’s shop, storage yard and light industrial subdivision 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 developer must submit a revised site plan for the 20-acre undeveloped area prior to the development of subdivision, less and except the 10-acre tract to be sold to Performance Contractors, Inc.; 3) that all drives and parking must be hard surfaced (concrete, asphalt or calbase); 4) that an 8 foot wooden fence must be installed along the north property line, excluding the east 300' prior to permit issuance; and 5) that the 10-acre tract site plan must provide for 22 parking spaces, on the property described as: Com at the SW cor of Lot 33 of Rosemont No. 3, a subdivision as per plat recorded in Plat Book 28, page 12, records of Calcasieu Parish, LA, said poc being 1720.10 feet S 88 degs 46’ 00” W and 1882.20 feet S of the intersection of the W right-of-way line of Hwy. 27 and the S right-of-way line of Gulf States Utilities Company; thence N 88 degs 46’ 00” E a distance of 1711.39 feet to the W right-of-way of Highway 27; thence S 00 degs 07’ 25” W along said W right-of-way a distance of 750.21 feet; thence N 89 degs 14’ 20” W a distance of 1321.47 feet m/l to the E high bank of an existing ditch, hereinafter referred to as “Ditch A”; thence northerly along said E high bank of “Ditch A” a distance of 18.02 m/l to the S high bank of an existing ditch hereinafter referred to as “Ditch B” thence northerly a distance of 35.92 feet m/l to the N high bank of said Ditch B; thence westerly along said N high bank of Ditch B a distance of 461.70 feet m/l to a point at which said Ditch B turns northerly; thence northerly along E high bank of said Ditch B a distance of 635.13 feet to a point; said point being S 88 degs 46’ 00” W a distance of 202.09 feet from the said SW cor of Lot 33 of said Rosemont No. 3 and the poc; thence N 88 degs 46’ 00” E a distance of 202.09 feet to the poc, containing 29.89 acres m/l.
Zoning Case RZ04-037-03
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 RZ01-035-03 which was a request by Julian R. Bruce to rezone from C-3 (Central Business Commercial) and A-1 (Agricultural) to I-2 (Heavy Industrial) and I-1 (Light Industrial) to allow contractor shop, storage yard, and stock piling of construction aggregates (limestone and concrete sand) on Highway 171 North in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, August 19, 2003, and voted eight (for) to three (against) 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 all drives and parking be hard surfaced (concrete or asphalt); (3) should the business cease, the property reverts to its original zoning classifications (A-1 and C-3); (4) that the zoning be limited to a contractor’s shop and storage yard only (excluding stockpiling); (5) that a six-foot (6') wooden privacy fence be installed along the north property line (116 feet) from front of shop to rear property line; (6) that all exterior equipment be stored in a containment area that must be placed behind an eight-foot (8') wooden privacy fence along the west side (front); and (9) that the petitioner be allowed two years to install the fences.
It was moved by Mr. Manuel, seconded by Mr. McMillin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ01-035-03 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4605
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Julian R. Bruce to rezone from C-3 (Central Business Commercial) and A-1 (Agricultural) to I-2 (Heavy Industrial) and I-1 (Light Industrial) to allow a contractor shop and storage yard on the property described as: Com 55.6 feet W and N 0 degs 17' 02" W 464 feet from the SE cor of the NE/4 of the NE/4 of S20, T8S, R8W, Calcasieu Parish, Louisiana; thence N 0 degs 17' 02" W 392 feet; thence N 89 degs 25' 10" W 538.4 feet to the E line of U.S. Hwy. 171; thence S 1 deg 02' 04" E along said E line 392 feet; thence S 89 degs 25' 10" E 534.6 feet to the poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 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 C-3 (Central Business Commercial) and A-1 (Agricultural) to I-2 (Heavy Industrial) and I-1 (Light Industrial) to allow a contractor shop and storage yard with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that all drives and parking be hard surfaced (concrete or asphalt); 3) Should the business cease the property reverts to its original zoning classifications (A-1 and C-3); 4) that the zoning be limited to a contractor’s shop and storage yard only (excluding stockpiling); 5) that a six (6) foot wood privacy fence must be installed along the north property line (116 feet) from front of shop to rear property line; 6) that all exterior equipment must be stored in a containment area that must be placed behind an eight (8) foot wood privacy fence along the west side (front); and 7) that the petitioner be allowed two years to install the fences on the property described as: Com 55.6 feet W and N 0 degs 17' 02" W 464 feet from the SE cor of the NE/4 of the NE/4 of S20, T8S, R8W, Calcasieu Parish, Louisiana; thence N 0 degs 17' 02" W 392 feet; thence N 89 degs 25' 10" W 538.4 feet to the E line of U.S. Hwy. 171; thence S 1 deg 02' 04" E along said E line 392 feet; thence S 89 degs 25' 10" E 534.6 feet to the poc
Zoning Case RZ01-035-03
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 an RV (recreational vehicle) park with 78 spaces at 6560 Highway 1133 in Ward Four, Police Jury District 12. He further advised that on July 22, 2003, the Planning and Zoning Board had deferred action for 30 days and on Tuesday, August 19, 2003, had voted seven (for) to four (against) to recommend that the request be granted with the following stipulations: (1) that the development adhere to the revised site plan on file with the Division of Planning and Development; (2) that all roads must be hard surfaced (asphalt or concrete) and provide a minimum width of 20 feet; (3) that the petitioner provide permanent, adequate sanitation facilities for the tenants (i.e. public restrooms and showers) within six months of RV-park permit issuance, and removal of the manufactured home to be used as a temporary bathhouse; (4) that the petitioner provide water by tying into Waterworks District No. Nine of Ward Four, at his expense; (5) that a four-foot earthen levee be installed along the southwestern property line (as depicted on site plan) prior to permit issuance; (6) that pampas grass be planted on top of the levee and along the east property line prior to permit issuance; (7) should the business cease, the entire property shall revert to A-1 (Agricultural); and (8) that the zoning is non-transferable unless approved by the Planning and Zoning Board.
Mr. Clement asked that the Police Jury hear from Ms. Linda Romero prior to taking any action on this item.
Ms. Linda S. Romero, 1119 Clinton Drive, Westlake, appeared before the Police Jury on behalf of Clinton Charlie. She stated that they had a proposal to offer, that being to include a berm planted with pampas grass along the drainage canal all the way to the back of the property, and further, to reduce the 20-foot road between the cabin area for the safety of children.
Mr. Clement asked if their proposal included a four-foot berm with pampas grass, with the road to be 12 feet in width as originally proposed, to which Ms. Romero responded affirmatively. Mr. Clement advised that he thought the compromise was agreeable to everyone, but he still wanted to hear from the residents.
Dr. Ben Darby, 970 Nathaniel Drive, Sulphur, appeared before the Police Jury and stated that the interested parties did feel the compromise was acceptable, and he expressed his appreciation for Mr. Clement’s efforts in trying to resolve this matter.
Ms. Evelyn M. Oubre, attorney at law, 7044 Keel Drive, Sulphur, appeared before the Police Jury on behalf of the homeowners in opposition to the request to rezone and stated that as an attorney, she wanted to make sure the wording was completely correct. She stated that it was her understanding that (1) there would be a four-foot high earthen berm with pampas grass planted on top of it extending the full length of the west side of the property along the drainage ditch, and (2) the middle road in front of the cabin would be 12' wide. Mr. Clement stated that her understanding was correct. Ms. Oubre complimented the Police Jury on the efficiency with which it transacted business.
Motion was made by Mr. Clement, seconded by Mr. August and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with reference to Zoning Case RZ04-027-03 and that the request to rezone be granted with the stipulations outlined by said board and with the inclusion of the stipulations as outlined heretofore by Ms. Romero and clarified by Ms. Oubre; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4606
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: 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 68 space RV park on the property described as: Com at a point 72.36 feet S 89 degs 54’ 11” W of the NE cor of S35 T10S, R10W; thence S 89 degs 54’ 11” W 592.23 feet; thence S 0 degs 02’ 31.4” E 1109.94 feet; thence N 89 degs 54’ 59.7” E 589.23 ft. to a point 0.25’ E of an existing chain link fence; th N 0 degs 06’ 26.3” W 1110.03 feet to the poc, also described as Lots A, B, C, D and E of Survey of Partition of the E/2 of the NE/4 of the NE/4 of S35, T10S, R10W, said Survey and Partition recorded in Conveyance Book 1561 page 301 records of Calcasieu Parish, Louisiana. All lots located in Vincent Settlement Place II Subdivision Phase II, a subdivision of the NW/4 of NE/4 and W/2 of the NE/4 of NE/4 of S35, T10S, R10W, as per plat recorded in Calcasieu Parish, Louisiana Plat Book 28 page 16, lying E of center line of existing Parish Drainage Canal and more fully described as Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 20, 21, 22, 23, and 24 of said subdivision.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 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) and I-1 (Light Industrial) to R-MHP (Manufactured Home Park) to allow a 68 space RV park with the following stipulations: 1) that the development adhere to the revised site plan on file with the Division of Planning and Development; 2) that all roads must be hard surfaced (asphalt or concrete) and provide a minimum width of 20 feet less and except the middle road which provides access to the cabins which shall be 12 feet and have one-way traffic; 3) that the petitioner provide permanent, adequate sanitation facilities for the tenants (i.e. public restrooms and showers) within 6 months of RV-park permit issuance; and removal of the manufactured home to be used as a temporary bathhouse; 4) that the petitioner provide water by tying into Water Works District No. Nine of Ward Four, at his expense; 5) that a 4-foot earthen berm with pampas grass planted on top of it be situated along the entire length of the drainage lateral; 6) that pampas grass must be planted on top of the levee and along the east property line prior to permit issuance; 7) should the business cease, the entire property shall revert to A-1 (Agricultural); 8) that the zoning is non-transferable, unless approved by the Planning and Zoning Board; on the property described as: Com at a point 72.36 feet S 89 degs 54’ 11” W of the NE cor of S35 T10S, R10W; thence S 89 degs 54’ 11” W 592.23 feet; thence S 0 degs 02’ 31.4” E 1109.94 feet; thence N 89 degs 54’ 59.7” E 589.23 ft. to a point 0.25’ E of an existing chain link fence; th N 0 degs 06’ 26.3” W 1110.03 feet to the poc, also described as Lots A, B, C, D and E of Survey of Partition of the E/2 of the NE/4 of the NE/4 of S35, T10S, R10W, said Survey and Partition recorded in Conveyance Book 1561 page 301 records of Calcasieu Parish, Louisiana. All lots located in Vincent Settlement Place II Subdivision Phase II, a subdivision of the NW/4 of NE/4 and W/2 of the NE/4 of NE/4 of S35, T10S, R10W, as per plat recorded in Calcasieu Parish, Louisiana Plat Book 28 page 16, lying E of center line of existing Parish Drainage Canal and more fully described as Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 20, 21, 22, 23, and 24 of said subdivision.
Zoning Case RZ04-027-03
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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Upon motion made by Mrs. August, which was duly seconded by Mr. Collins 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, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Billy and Kathy L. Van Winkle, Sr. to clear, grub, excavate, grade and place approximately 1,050 cubic yards of onsite material and place 397 cubic yards of hauled-in clay and sand material, all to construct house and shop pad and driveway. Project implementation would impact approximately 1.256 acres of wetlands. Said project is located two miles south of Gillis off of Joe Miller Road in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Billy and Kathy L. Van Winkle, Sr. 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 21st day of August, 2003, that it does hereby indicate no objection to the proposal of Billy and Kathy L. Van Winkle, Sr. to clear, grub, excavate, grade and place approximately 1,050 cubic yards of onsite material and place 397 cubic yards of hauled-in clay and sand material, all to construct house and shop pad and driveway. Project implementation would impact approximately 1.256 acres of wetlands. Said project is located two miles south of Gillis off of Joe Miller Road, 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, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Mr. Elmer Conner to clear and grade a 4.6-acre area and place 5,500 cubic yards of hauled-in material to construct a restaurant, retail stores and associated parking. Project implementation would impact approximately 1.5 acres of jurisdictional wetlands. Said project is located in Ward One of Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Elmer Conner 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 21st day of August, 2003, that it does hereby indicate no objection to the proposal of Mr. Elmer Conner to clear and grade a 4.6-acre area and place 5,500 cubic yards of hauled-in material to construct a restaurant, retail stores and associated parking. Project implementation would impact approximately 1.5 acres of jurisdictional wetlands. Said project is located in Ward One of 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, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Jeffrey Arlen Ball to dredge to remove approximately 13,823 cubic yards of native earthen material to create a fish pond for private recreational use and redistribute the excavated material in addition to 149 cubic yards of hauled-in fill (asphalt and concrete), all to construct a house pad, driveway, and yard. Project implementation would impact about 2.32 acres of bottomland hardwood wetlands. Said project is located off Pete Seay Road, near Sulphur, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Jeffrey Arlen Ball 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 21st day of August, 2003, that it does hereby indicate no objection to the proposal of Jeffrey Arlen Ball to dredge to remove approximately 13,823 cubic yards of native earthen material to create a fish pond for private recreational use and redistribute the excavated material in addition to 149 cubic yards of hauled-in fill (asphalt and concrete), all to construct a house pad, driveway, and yard. Project implementation would impact about 2.32 acres of bottomland hardwood wetlands. Said project is located off Pete Seay Road, near 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, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by 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 21st day of August, 2003, that it does hereby approve the submittal of a grant application in an amount not to exceed $17,000 to the Governor’s Office of Rural Development for the purchase of bleachers for Community Center and Playground District Number Seven of Ward Two.
BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
President Kleckley asked for a point of personal privilege to discuss an article which recently appeared in the Lake Charles American Press and stated that he was a little disturbed about some of the comments contained in the article pertaining to the Parish’s Finance Department. President Kleckley advised that one of the things he had been most proud of as a juror was the Finance Department, pointing out that the department had received the Government Finance Officers Association’s (GFOA) “Certificate of Excellence” for the past eleven years, an award which no other police jury form of government received. President Kleckley also stated that for the last 15 - 17 years, the Parish’s budget was balanced and that the growth of the parish operations budget was consistently at or near the annual cost of inflation.
President Kleckley advised that Mr. McMurry had agreed to do a presentation to give information about the Finance Department and that Mr. Gus Schram of Gus Schram and Company, Ltd., the parish’s auditing firm was also present at the meeting to answer any questions the jurors might have after the presentation.
Mr. McMurry stated that it was rather unusual to be put on the defensive regarding the staff, particularly when it came to the Finance Department. He stated that nothing in the article was untrue, that the Parish was in violation of State law because the financial report was not sent to the Legislative Auditor’s office by June 30th, six months from the close of the fiscal year. Mr. McMurry pointed out, however, that one thing that did not show up in the newspaper article was the fact that Mr. Milner had called Mr. Grover Austin, Legislative Auditor, to tell him the Parish was having a hard time complying with the deadline, and Mr. Austin’s response was, in effect, not to worry about it, that they knew what was done in Calcasieu Parish and that they knew the Parish had the GFOA certificate. Mr. McMurry stated that this was an important piece of information that might have influenced the way the reader interpreted the newspaper article. Mr. McMurry also stated that the headline of the article (“Port help puts PJ at odds with law”) was slightly inflammatory, and the Parish was not used to those kinds of headlines.
Mr. McMurry explained that there were three levels of audit findings – (1) “unqualified” which was the most desirable and which meant that the reporting entity was fairly stating its financial condition; (2) “qualified” which was certainly less desirable and which meant that there were a few things on which proper information was not available in order to issue a clean opinion; and (3) “adverse” which was the worst finding.
Mr. McMurry pointed out that until 1988, the Parish always received an adverse finding but was never late in submitting the financial report. He explained that the reason for the adverse findings was because the audit did not include any of the component units which were under the umbrella of the Police Jury, primarily the special service districts. Mr. McMurry advised that the Police Jury had 53 component units which had to be included in its comprehensive financial report in order to get the unqualified audit finding but that all of these component units had their own independent audits that had to be done and that they had the same deadline as the Parish which made it a monumental task to compile all of the information.
Mr. McMurry pointed out that some of the audits of the component units were not even in the same format as the Parish’s, so all of that information had to be converted. Mr. McMurry stated that for the most part, the component units had done their best to get the information to the Parish in time but that in the months of May and June, some members of the Finance Department, particularly Mrs. Tammy Bufkin, Assistant Director of Finance, worked the equivalent of an actual payroll period in overtime to compile all of the information needed for the comprehensive financial report.
Mr. McMurry advised that this year was not the first time the Parish’s report was not turned in on time and that in approximately one-half of the last eleven years, it was not turned in by the deadline, but that in every one of those events, the Parish had received tacit approval from the Legislative Auditors’ office. Mr. McMurry further advised that this year, the Parish had been given a 30-day extension by GFOA but had only been two weeks late.
Mr. McMurry read a paragraph from the 1988 financial report as follows: “In our (Gus Schram, Jr., Ltd.) opinion, because of the omission of the financial activity of various component units as described above, the general purpose financial statements referred to above do not present fairly the financial position of the Calcasieu Parish Police Jury at December 31, 1988, and the results of its operations for the year then ended.”
Mr. McMurry stated that the Calcasieu Parish Police Jury was the only Police Jury form of government that held the GFOA Certificate of Excellence because others did not want to run the risk that Calcasieu Parish took every year to try and “get it right”. He pointed out that while the staff thought it was very important to do things right, they thought it was also important to do the right thing.
Mr. McMurry gave an example of this in relating an accident his youngest son had in which he had broken both arms. He stated that while he was racing to the emergency room, he knew that he was breaking the law by exceeding the speed limit but had to get immediate medical assistance for his son, and that this was an example of knowing it was important to do things right but also very important to do the right thing.
Mr. McMurry then read a paragraph from the most recent financial report as follows: “In our (Gus Schram and Company, Ltd.) opinion, based on our audit and the reports of other auditors, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Calcasieu Parish Police Jury as of December 31, 2002, and the results of its operations and the cash flows if its proprietary fund types for the year then ended in conformity with accounting principles generally accepted in the United States of America.”
Mr. McMurry stated that the Parish had received an unqualified opinion on its audit, and that should be the Police Jury and staff’s mission. He also stated that the law should not be ignored but that one had to put into perspective the importance of meeting the submittal deadline versus the importance of having an unqualified opinion, the latter of which would have an impact on the citizens, the businesses that chose to locate in Calcasieu Parish, the Wall Street brokers who assigned bond ratings, etc., in that they would know that the financial condition as stated in the comprehensive financial report was stated fairly and exactly. Mr. McMurry advised that had the staff not waited to include the information on the component units, that would not have been the case, and about all the report would have been was just one more document stacked on a shelf in the Legislative Auditor’s office.
Mr. McMurry stated that he had talked to bond counsel to reaffirm his belief that it would not be uncommon for an unqualified opinion to have an impact of one-half percentage point in the interest rate on a bond issue and that an adverse report could cause that percentage point to rise, not proportionately but exponentially, to perhaps one and one-half percent. He advised that a 5% interest rate on a $20 million dollar bond issue would cost $12,097,035 in interest over a 20-year period but that a 5.5% interest rate on the same bond issue would cost $13,471,732, for a difference (between 5% and 5.5%) of $1,374,697. Mr. McMurry stated that the example dealt with real dollars, not “funny money”, and that was what could happen if an entity ended up with an adverse or qualified opinion.
Mr. McMurry stated that the staff was not proud of not having the report in on time but that the bigger mission was to have a report that people could “hang their hats on”. He also stated that while the Finance Department strove for perfection, it accepted excellence and with $300 million in assets and a $118 million budget, it came closer to perfection than any other entity.
Mr. McMurry ended his presentation by showing a picture of a ship with the caption “Risk – A ship in the harbor is safe ... but that’s not what ships were made for.” He stated that Calcasieu Parish could be like 60-something other parishes and be safe, but he felt, given the same circumstances, they would still make the decision they made this year (to be late in submitting the report) every year.
In answer to a question by Mr. Breaux, Mr. McMurry stated that it was not his purpose to “beat up” on the author of the newspaper article, that he lived with a reporter and knew how difficult their jobs were, but he did want to make the citizens understand the difference between an entity that had component units versus one that did not, and the importance of including those component units in the audit of the umbrella entity.
Mrs. Griffin expressed her appreciation of Mr. McMurry’s effort to educate the public with regard to this matter and stated that it was very important for the Finance Department to keep the outstanding name that it had.
Mr. McMurry stated that in the interest of full disclosure, Mr. Gus Schram was present at the meeting and asked him to correct anything that he had said that might not be correct, because he felt that with regard to this issue, it was important that the facts be disseminated accurately.
Mr. Schram stated that he had nothing to add and that Mr. McMurry had done an excellent job of explaining the complexity of the job the Finance Department had in compiling the comprehensive financial report. Mr. Schram stated that he would be happy to answer any questions the jurors might have.
Mrs. August thanked Mr. McMurry for explaining these issues for the public’s benefit and that she had never had a doubt that the Finance Department was outstanding. She stated that the more the Police Jury could explain about its operations, the more people would understand about the kind of work the jurors and staff do.
Mr. Manuel expressed his appreciation for the fine job Mr. Milner and Mrs. Bufkin did for the Parish and for the work Mr. Milner did for the Port of Lake Charles.
Mr. Derbonne asked if the Parish had been criticized for loaning Mr. Milner to the Port, to which Mr. McMurry stated that had some impact on being late with submittal of the report but the bigger story was the compiling of the component unit information. He pointed out that Mr. Milner had not been working at the Port in previous years when the Parish was late in submitting the report.
Mrs. Griffin stated she felt Mr. McMurry had done a very good job in making sure everybody understood that Mr. Milner was doing a good job, but she was concerned about what the Police Jury could do if accurate information provided by the Finance Department was used incorrectly.
President Kleckley stated that he was very proud of the job the Finance Department did for the Parish, and he enjoyed bragging on the department to other governmental officials. He further stated that growth was out of control with other entities but that was not an issue in Calcasieu Parish.
It was moved by Mrs. Griffin, seconded by Mr. Derbonne and carried unanimously to adopt the following resolution:
RESOLUTION
WHEREAS, the Louisiana Department of Public Safety and Corrections, Office of Youth Development, via an interagency agreement with the Louisiana Department of Social Services, Office of Community Services, has set up a system to allow juvenile courts to recoup Title IV-E federal monies for eligible services and activities to juvenile probation children and their families and for administrative costs related to administering the Title IV-E Program.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 21st day of August, 2003, that it does hereby authorize the Office of Juvenile Justice Services to enter into a contract with the Louisiana Department of Public Safety and Corrections, Office of Youth Development, to participate in the Title IV-E Federal Foster Care Reimbursement Program through the provision of services and performance of administrative activities to assist and support the Department’s program of foster care services for eligible children.
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.
* * * * * * * * * * * *
In answer to a question by Mrs. Griffin, Mrs. Martha Parnell, Director of the Office of Juvenile Justice Services, explained that the funding was not new, that it was federal entitlement funding, but what was new was the ability of juvenile courts to access the funding. Mrs. Parnell further explained that the application would be retroactive to July 1, 2003, and would represent over $200,000 per year. She pointed out that it could not be used for detention services and would not supplant but rather enhance the Parish’s existing services.
Upon motion made by Mrs. August, 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 21st day of August, 2003, that it does hereby approve the revised 2003 Office of Community Services Diversity Plan.
BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by Mr. McMillin, 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 21st day of August, 2003, that it does hereby approve the renewal of a lease between the Police Jury and Walker Properties, et al, for the Nelson Road Boat Launch in Ward Three of Calcasieu Parish, at a lease fee of $100.00 per year for a period of five (5) years, with the option of automatic renewal of subsequent terms upon receipt of notification from the Police Jury.
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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It was moved by Mr. Clement, seconded by Mr. Moon and carried unanimously to approve a request by the Burton Coliseum Advisory Council to enter into an agreement between the Police Jury and Moss Architects for professional services related to capital improvement projects at the Burton Memorial Coliseum, and further, to authorize the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.
With reference to the foregoing, Mrs. Griffin asked what capital improvements were being considered and the cost, to which Mr. McMurry advised that $3.5 million had been budgeted in the State’s Capital Outlay Bill for Coliseum improvements, with the first $100,000 being for planning and architectural services. He further advised that the improvements would be a general upgrade, and one of the first full-scale renovations, of a facility that was built in the 1970's and would include redoing the roof, the exterior, re-roofing the livestock barn, electrical upgrades, etc. Mr. McMurry stated that the plan was for a portion of the recently-renewed maintenance tax for the Coliseum in the amount of $1 – $1.5 million to be used to match the capital outlay money.
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. McMillin and carried unanimously, the following ordinance was adopted:
ORDINANCE NO. 4607
AN ORDINANCE declaring as a surplus that certain property described as Lot 22 and the West Half of Lot 23 of Block 12 of Hi-Mount Addition, and one-half of the abandoned alley adjacent to Lot 22 and West Half of Lot 23 of Block 12 described as: commencing at the Northwest Corner of Lot 22 of Block 12; thence go East 75 feet; thence go North 7.5 feet; thence go West 75 feet; thence go South 7.5 feet to the point of beginning, together with improvements, component parts, attachments, rights, privileges, advantages, servitudes, and accessories located at 1021 16th Street in Ward Three of Calcasieu Parish, which is no longer needed for the public good, in accordance with LSA R.S. 33:4712.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of August, 2003, that it does hereby declare as a surplus that certain property located at 1021 16th Street in Ward Three of Calcasieu Parish, in accordance with LSA R.S. 33:4712, said property being described as follows:
Lot 22 and the West Half of Lot 23 of Block 12 of Hi-Mount Addition, and one-half of the abandoned alley adjacent to Lot 22 and West Half of Lot 23 of Block 12 described as: commencing at the Northwest Corner of Lot 22 of Block 12; thence go East 75 feet; thence go North 7.5 feet; thence go West 75 feet; thence go South 7.5 feet to the point of beginning, together with improvements, component parts, attachments, rights, privileges, advantages, servitudes, and accessories located at 1021 16th Street.
BE IT FURTHER ORDAINED that the minimum value of the above described property is hereby established as $39,000.00 (thirty nine thousand dollars), and any purchaser of this property must at least pay this value as well as any additional costs of closing the sale.
BE IT FURTHER ORDAINED that this ordinance shall become effective ten (10) days after its passage, during which time any interested person may apply to the Fourteenth Judicial District Court for an order restraining the disposition of the property.
BE IT FURTHER AND FINALLY ORDAINED that any action, resolution, ordinance, or part thereof, in conflict herewith is hereby re