September 18, 2003
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, September 18, 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, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornie Moon
Absent: Mr. Algie Breaux (ill)
Also present were Mr. S. Mark McMurry, Parish Administrator, Mr. Bryan Beam, Assistant Administrator, Mr. Richard Gremillion, Director of Emergency Preparedness, Mr. Ed McGuire of the firm of Plauche, Smith and Nieset, General Counsel, Mr. Claude D. Smart, Parish Engineer, Mrs. Kathy P. Smith, Recording Secretary, Mr. Gerry Trahan, Director of Facilities Management, and Mr. Jim Vickers, Director of Planning and Development.
President Kleckley called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance led by Mr. Andrepont. 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.
Motion was made by Mr. Landry, seconded by Mr. Andrepont and carried unanimously that the issuance of the following Special Events Permit be ratified:
Type C permit to allow alcoholic beverages for the special event:
BON TEMP TRAIL RIDERS
October 3, 4, 5, 2003
2294 Evergreen Road, Westlake, LA 70669
Kimble D. Bellard, Organizer
(Mike Danahay’s District)
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Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated August 21, 2003, were approved, and the reading of same was dispensed with.
Mr. Moon and Mrs. August presented a Certificate of Recognition to Ms. Cynthia Bengston for her heroic acts of August 11, 2003, and her proven civic responsibility. Ms. Bengston related a story which had happened to her and her daughter, Sarah, wherein they were instrumental in the apprehension and arrest of someone who was charged with kidnaping and car jacking.
Mr. Andrepont asked all of the Ward Four police jurors to join him at the podium, as well as representatives of West Calcasieu Cameron Hospital who were present at the meeting on this date, to present a plaque congratulating the Board of Directors and Staff of the hospital as they celebrated the 50th anniversary of the hospital and its service to the community.
Mr. Tim Broussard, Administrator of the Hospital, expressed his appreciation for this recognition and also thanked Mr. Andrepont, liaison to the hospital, as well as the following persons who served on the Board of Commissioners: Scott McManus, Raphael Fontenot, Robert Davidson, and Billy Moses.
President Kleckley advised that action was needed on Zoning Case RZ03-038-03 which was a request by Della F. Vick to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to allow an auto paint and body shop and accessories shop at 2017 West Prien Lake Road in Ward Three, Police Jury District 8. He further advised that the Planning and Zoning Board had met on Tuesday, September 16, 2003, and voted ten (for) to one (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; and (2) that the proper permits must be obtained within thirty (30) days of zoning approval.
Mr. Landry asked why the staff had recommended that the request to rezone be denied. Mr. Vickers explained that the staff’s concern was that many times an automotive shop resulted in the premises being cluttered and junky but that after Mrs. Vick’s testimony at the Planning and Zoning Board meeting, he felt the staff could live with the rezoning. Mr. Vickers pointed out that the operator of the business would need to obtain the State Fire Marshal’s approval and that the site was only two-tenths of an acre in size.
Mr. Landry stated that at one time, the property did have a mechanic’s shop located on it and asked if the zoning had reverted back to its original status after the shop closed. Mr. Vickers said he thought that business had indeed operated under a non-conforming use for several years but that after the building was unoccupied for a period of time, it lost its non-conforming status, and to get the property back to its commercial usage, Mrs. Vick had to go through this process. Mr. Vickers further stated that no concern was expressed by neighbors immediately surrounding the property.
Motion was made by Dr. Mackey and seconded by Mr. Moon that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-038-03 and that the request to rezone be granted with the stipulations outlined by said Board.
At Mr. Landry’s request, Dr. Mackey amended his motion, and Mr. Moon accepted said amendment, to stipulate that no alcoholic beverages would be sold on the premises.
A vote taken on the motion as amended carried unanimously; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4620
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Della F. Vick to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to allow an auto paint and body shop and accessories on the property described as: Com 30 feet S of the center line of Prien Lake Road, being the NW cor of the W/2 of the SE/4 of the NE/4 of S14, T10S, R9W, Calcasieu Parish, Louisiana, thence S along the E line of Heard Road a distance of 100 feet, thence E 100 feet, thence N 100 feet, thence W 100 feet to poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of September, 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 R-1 (Single Family Residential) to C-2 (General Commercial) to allow an auto paint and body shop and accessories 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 proper permits must be obtained within thirty (30) days of zoning approval; and 3) that no alcoholic beverages be sold on the premises, on the property described as: Com 30 feet S of the center line of Prien Lake Road, being the NW cor of the W/2 of the SE/4 of the NE/4 of S14, T10S, R9W, Calcasieu Parish, Louisiana, thence S along the E line of Heard Road a distance of 100 feet, thence E 100 feet, thence N 100 feet, thence W 100 feet to poc.
Zoning Case RZ03-038-03
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 RZ06-042-03 which was a request by Dalton Wilkens to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow manufacturing of pallets at 844 G. Cooley Road in Ward Six, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, September 16, 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 all storage of pallets and other equipment be stored within the confines of the shop; (3) that the 40' x 112' shop meet State Fire Marshal approval; (4) that the proper permits must be obtained within 30 days of zoning approval; (5) that an occupational license must be obtained within five days of zoning approval; and (6) that the area from the driveway behind the house to the west property line be rezoned to I-1 (Light Industrial), which is the west 275 feet of the property.
It was moved by Mrs. Griffin and seconded by Mr. McMillin to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ06-042-03 and to grant the request to rezone with the stipulations outlined by said board.
Mr. Landry asked if Mr. Wilkens had offered any excuses as to why he had been operating without an occupational license, and Mr. Vickers stated that this had happened by accident in that the business had grown very quickly and at some point, Mr. Wilkens had decided he had a problem and had come to the Parish wanting to abide by the laws governing occupational licensing.
A vote taken on the motion on the floor carried unanimously; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4621
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Dalton Wilkens to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow manufacturing of pallets on the property described as: The West 275 feet of the following property: The N/2 of the SW/4 of the SE/4 of the NE/4 of S11, T8S, R10W.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of September, 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 Six of this parish:
From A-1 (Agricultural) to I-1 (Light Industrial) to allow manufacturing of pallets 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 storage of pallets and other equipment be stored within the confines of the shop; 3) that the 40' x 112' shop meet State Fire Marshall approval; 4) that the proper permits must be obtained within 30 days of zoning approval; 5) that an occupational license must be obtained within 5 days of zoning approval; and 6) that the area from the driveway behind the house to the west property line be rezoned to I-1 (light Industrial), on the property described as: The West 275 feet of the following property: The N/2 of the SW/4 of the SE/4 of the NE/4 of S11, T8S, R10W.
Zoning Case RZ06-042-03
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 RZ08-039-03 which was
a request by Richard and Mona Timpa to rezone from R-2 (Mixed Residential) to R-M (Multi-Family Residential) to allow residential development (three houses) at 6140 Mary Ann Street in Ward Eight, Police Jury District 10. He further advised that the Planning and Zoning Board had met on Tuesday, September 16, 2003, and voted six (for) and five (against) to recommend that the request be granted with the stipulation that development adhere to the site plan on file with the Division of Planning and Development. (The staff recommended that this request be denied but should the request be granted, the staff recommended that development adhere to the site plan on file with the Division of Planning and Development.)
President Kleckley stated that both the proponents and the opponents would each be allowed five minutes to make their presentations, followed by a two-minute rebuttal and an opportunity for the jurors to ask questions.
Mrs. Mona Timpa, 6140 Mary Ann Street, Lake Charles, appeared before the Police Jury and stated that she and her husband currently lived on this property and wanted to put two more houses on the property, one for their daughter, and the other for rental property. Mrs. Timpa advised that she was disabled and needed the income. She further advised that the rental property would not be set up for Section 8 housing and that she had talked to the neighbors about buying her property, but they were not interested because it had an irrigation pond behind it. Mrs. Timpa stated that the house currently situated on the property contained less than 1,000 square feet, the next one would be 1100-1200 square feet, and the last one a little over 900 square feet.
In answer to a question by Mrs. Griffin, Mrs. Timpa stated that her neighbors were against the proposal because of their concerns about increased traffic. She pointed out that she could build the second house without a change in zoning, but the property lacked 20 feet of frontage to be able to build the third house without the change in zoning.
Mrs. Treme asked if the value of what the Timpas were proposing to build would be comparable to other dwellings on the street, to which Mrs. Timpa responded that it might be higher in value than the current structures, pointing out there were mobile homes on the street, and all but one of the houses were on piers.
Mrs. Treme stated that it seemed Mrs. Timpa was vacillating with respect to her plans, and Mrs. Timpa stated that affordability was the issue. Mrs. Treme told Mrs. Timpa that the Police Jury and the Division of Planning and Development needed to know on this date, for the record, exactly what the Timpas planned to build. Mrs. Timpa responded that she planned to build a 1200 square foot house with three bedrooms and two baths, as well as a 980 square foot, handicap accessible house with two bedrooms and two baths, both on slabs, the latter being designed for her 16-year old son who was disabled. She pointed out that the house for her son would be rented out until he was old enough to move into it on his own.
Mrs. August pointed out that the staff had recommended that the request be denied, yet the Planning and Zoning Board had approved it. Mr. Vickers explained that the staff’s recommendation was related to the recently enacted sewerage ordinance which required more square footage and frontage than the Timpas owned in order to accommodate the third dwelling.
Mrs. August stated she felt the Police Jury should act consistently with respect to its ordinance, pointing out that she might could agree with the rezoning if one of the three proposed structures was a mobile home which would be removed from the property at a later date but that she could not agree with a request to have three permanent structures on property which was only big enough for two.
In answer to a question by Mr. Manuel, Mr. Vickers stated that the property lacked six feet of frontage per dwelling and lacked a total of approximately 1800 square feet in order to build two additional dwellings.
Mrs. Griffin asked Mrs. Timpa if she had been aware of the stipulations. Mrs. Timpa stated that she had not been told by the Office of Planning and Development that she had to have a final site plan. Mrs. Griffin stated that she could not approve the rezoning request without fully knowing what Mrs. Timpa was proposing.
Mr. Vickers pointed out that obviously the applicants realized they did not have the footage, or they would not be asking for the rezoning.
Mrs. Timpa stated that she was told that the site plan did not have to be finalized when she submitted it to the Office of Planning and Development and her understanding was that after the rezoning was approved was when the site plan had to be finalized.
Mr. Derbonne asked if a duplex would be allowed, and Mr. Vickers stated that one duplex would be allowed under the current zoning. Mrs. Timpa stated that if they could not have the three houses, they could build a duplex.
The hour being 6:00 p.m., President Kleckley advised that a public hearing would be held at this time, as a result of notice provided to the owner of property described below, in accordance with Article II-Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, ordering said owner to show cause as to why the structures on said property should not be condemned:
•378 Scheufens Road, East Lake Charles area, Lot 24, Block A, Scheufens Subdivision, Ward 8, Calcasieu Parish, Louisiana (one manufactured home with addition, one accessory structure, and one lean-to structure) Owners: Paul Gary Fontenot, et al, 378 Scheufens Road, Lake Charles, LA 70615, and Malcolm Joseph Bellon and Phyllis Roberta Kundes Bellon, Route 1, Box 102, Iowa, LA 70647, TA# 00862746 (Police Jury District 10).
Mr. Wes Crain, Assistant Director of Planning and Development, stated that action on this matter had been deferred by the Police Jury approximately 60 days ago and that the staff had finally been able to notify the proper owners of the property. He further stated that the staff recommended that the structures be condemned and removed within 30 days.
President Kleckley asked if there was anyone present in the audience to address the Police Jury with respect to this proposed condemnation, and hearing no comments, motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the staff’s recommendation be approved with regard to the proposed condemnation and that the structures be condemned and removed within 30 days; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4622
AN ORDINANCE ordering demolition of one manufactured home with addition, one accessory structure, and one lean-to structure on property located at 378 Scheufens Road (Lot 24, Block A, Scheufens Subdivision; Tax Assessment No. 00862746), East Lake Charles area of Ward Eight, Calcasieu Parish, Louisiana, with the property owned by Paul Gary Fontenot, et al, and Malcolm Joseph Bellon and Phyllis Roberta Kundes Bellon.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of September, 2003, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home with addition, one accessory structure, and one lean-to structure on property located at 378 Scheufens Road (Lot 24, Block A, Scheufens Subdivision; Tax Assessment No. 00862746), East Lake Charles area of Ward Eight, Calcasieu Parish, Louisiana, with the property owned by Paul Gary Fontenot, et al, and Malcolm Joseph Bellon and Phyllis Roberta Kundes Bellon, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 18th day of September, 2003, and is final unless appealed within five (5) days.
SECTION 2. If the manufactured home with addition, one accessory structure, and one lean-to structure on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home with addition, one accessory structure, and one lean-to structure, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home with addition, one accessory structure, and one lean-to structure was situated for the cost of demolishing and removing said manufactured home with addition, one accessory structure, and one lean-to structure, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the manufactured home with addition, one accessory structure, and one lean-to structure, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
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 stated that discussion would resume with regard to Zoning Case RZ08-039-03 and that it was the opposition’s turn to present their views.
Mr. Vickers pointed out that a petition in opposition to the rezoning was included in the agenda packets.
Mr. Rodney Duplechian, 6052 Mary Ann Street, Lake Charles, appeared before the Police Jury and stated that his main reason for opposition was the increased amount of traffic associated with two new dwellings. He said he could go along with one more dwelling, but not two.
Mr. Harold Bryant, 6022 Mary Ann Street, Lake Charles, appeared before the Police Jury and stated that there was already a traffic congestion problem on this street. He further stated that his mailbox had been run over several times, and the police had had to come have cars moved which had been parked on the side of the road. Mr. Bryant stated that the congestion problem would get worse with additional dwellings, and he feared for the safety of his grandchildren and other children on the street.
Mr. McMillin stated that he could not see congestion as being a factor, pointing out that the congestion would be the same whether a duplex was built or two new structures.
Mr. Andrepont pointed out that Mrs. Timpa had already said they would build a duplex if they could not build two new dwellings, and he questioned why the Police Jury was still discussing this matter.
Motion was made by Mrs. August and seconded by Mr. Andrepont that action be deferred with respect to this rezoning request until such time as the Timpas could submit a definitive site plan.
Mr. Moon stated that if the Police Jury wanted to adhere to the ordinance on which it had worked so long (the sewerage ordinance), then only one additional structure should be allowed on the subject property. Mr. Vickers pointed out that with the current zoning, the Timpas already had authority to build one additional structure, but not two additional structures.
Mr. Clement stated that perhaps he could vote for a change in zoning necessitated by a family hardship, but not for a rental situation. He stated that it was not fair to do for one and not the other, and he felt the (sewerage) ordinance should be changed if the Police Jury decided to grant this zoning change.
Following a brief discussion, in which it was reiterated that the Timpa’s property was currently zoned appropriately for construction of one duplex, Mrs. Timpa withdrew her application for rezoning. Mrs. August withdrew her motion on the floor, and Mrs. Griffin withdrew her second.
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. McMillin 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 Noble Energy, Inc. to construct a 300-foot by 300-foot drill site for oil and gas exploration at McManus No. 1 Well prospect. The drill site will impact 2.1 acres of jurisdictional wetlands adjacent to Sabine Lake. 933 cubic yards of fill material will be required to construct a 3-foot levee around the drill site. The fill material used in the construction of the levee will be imported to the drill site. Inside the levee, the applicant will place a board mat to serve as a work platform during drilling operations. The site will use a closed loop mud system during drilling. The proposed project has undergone the Louisiana Geological Survey Geological Review in a pre-application meeting, and it has been determined that there is no less damaging feasible alternative. Said project is located approximately 4.7 miles northeast of Sabine, Texas, in wetlands adjacent to Sabine Lake in Cameron Parish, Louisiana. The proposed mitigation site is located in an open water area just south of the Gulf Intracoastal Waterway in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Noble Energy, 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 18th day of September, 2003, that it does hereby indicate no objection to the proposal of Noble Energy, Inc. to construct a 300-foot by 300-foot drill site for oil and gas exploration at McManus No. 1 Well prospect. The drill site will impact 2.1 acres of jurisdictional wetlands adjacent to Sabine Lake. 933 cubic yards of fill material will be required to construct a 3-foot levee around the drill site. The fill material used in the construction of the levee will be imported to the drill site. Inside the levee, the applicant will place a board mat to serve as a work platform during drilling operations. The site will use a closed loop mud system during drilling. The proposed project has undergone the Louisiana Geological Survey Geological Review in a pre-application meeting, and it has been determined that there is no less damaging feasible alternative. Said project is located approximately 4.7 miles northeast of Sabine, Texas, in wetlands adjacent to Sabine Lake in Cameron Parish, Louisiana. The proposed mitigation site is located in an open water area just south of the Gulf Intracoastal Waterway 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.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Chemical Waste Management, Inc. to clear, grade, excavate, fill, and install appropriate liners, all to develop a 58 acre hazardous waste landfill cell within a 152 acre development site at Chemical Waste Management’s existing Lake Charles facility. The landfill cell will hold approximately 6,270,000 cubic yards of hazardous waste. Project implementation would impact approximately 29 acres of jurisdictional wetlands. Said project is located off of John Brannon Road approximately 4.3 miles southwest of Carlyss, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Chemical Waste Management, 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 18th day of September, 2003, that it does hereby indicate no objection to the proposal of Chemical Waste Management, Inc. to clear, grade, excavate, fill, and install appropriate liners, all to develop a 58 acre hazardous waste landfill cell within a 152 acre development site at Chemical Waste Management’s existing Lake Charles facility. The landfill cell will hold approximately 6,270,000 cubic yards of hazardous waste. Project implementation would impact approximately 29 acres of jurisdictional wetlands. Said project is located off of John Brannon Road approximately 4.3 miles southwest of Carlyss, 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.
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At this time, Mr. McMillin and Mrs. Griffin presented Certificates of Recognition to Sgt. Michael Dickerson and Officer Jarod Roy for their action in preventing a suicide on the I-10 Calcasieu River Bridge on July 7th.
Westlake Police Chief Stitch Guillory related the details of the incident and stated that it was officers like Dickerson and Roy who set a good example and that sometimes officers had to put their owns lives at risk to save someone else’s life. He pointed out that the young woman who had tried to commit suicide was alive because of the actions of these two officers. Chief Guillory thanked Mr. McMillin and Mrs. Griffin for recognizing Sgt. Dickerson and Officer Roy, and he congratulated them on a job well done.
President Kleckley advised that the next item of business was consideration of adopting a resolution approving the submittal of applications for funding from the Louisiana Community Development Block Grant (LCDBG) Program.
Mrs. Jennifer Wallace of the Division of Planning and Development distributed a fact sheet relative to three projects which had been previously considered for funding under this program, those being (1) Mallard Junction Housing Rehabilitation Project, (2) Starks Public Waterworks System Development Project, and (3) Mossville Sewerage District Expansion and Improvement Project. Mrs. Wallace pointed out that Calcasieu Parish was eligible to apply for no more than two grants in the new funding cycle and that the deadline for submittal of applications was November 17, 2003. She asked that the jurors give this some thought and take formal action at its next regular meeting as to which two projects should be chosen.
Mrs. Treme pointed out that the Starks project had previously been eligible for funding, but Mr. McMurry had recommended that the grant not be accepted because of some other issues and complications. Mrs. Treme stated that she had found out later that the application could have been tweaked and that Ms. Suzie Elkins of the LCDBG Program had not been happy that the Parish had given up the grant. Mrs. Treme further stated that she would like to meet with Ms. Elkins, along with either Mr. McMurry or Mrs. Wallace, and find out exactly what was needed on the application. She pointed out that the water district representing the Starks area had recently been reactivated and that there was a possibility of purchasing the existing private water system.
Mrs. Wallace stated that she was open to any method of improving applications in order to obtain funding but that the first thing to focus on was which of the projects to apply for, pointing out that all three were strong projects and had all been applied for in the past.
In answer to a question by Mrs. Griffin, Mrs. Wallace advised that funding had been granted a few years ago for the Mossville project but that the timing had not worked out, and the Parish did not get matching funds from State Capital Outlay.
Mr. McMillin stated that he was very excited about the Mossville project and that it appeared the timing was right this time for it. He pointed out that improvements had already been made on the east side of Mossville, which Vista Chemical Company had bought out with said company’s plant expansion, and that his choice would be to apply for the Mossville project.
In answer to a question by Mr. Collins, Mrs. Wallace stated that the Parish had applied for the Mallard Junction project in 2001 and that Mr. Collins had tried ever since he was elected to the Jury to obtain funding for that area.
Mrs. August asked if any of the Mossville improvements which were previously done under the LCDBG Program could be salvaged, to which Mr. Vickers stated that a number of roads in this area were abandoned and the sewer lines plugged so they would not drain into the main lines. He also stated that he did not know how much could be salvaged other than the hydrants.
Motion was made by Mrs. August, seconded by Mrs. Griffin and carried unanimously that action on adopting a resolution approving the submittal of applications for funding from the Louisiana Community Development Block Grant Program be deferred until the Police Jury’s regular meeting on October 2, 2003.
Upon motion made by Mr. Landry, which was duly seconded by Mrs. Treme and carried unanimously, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of September, 2003, that it does hereby approve an Agreement between the Police Jury and the Louisiana Department of Transportation and Development with reference to the Parish’s participation in the Federal Off-System Bridge Rehabilitation and Replacement Program which provides for the replacement of various off-system bridges in accordance with the Parish’s approved priority list.
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. McMillin, seconded by Mrs. Griffin and carried unanimously to adopt the following resolution:
RESOLUTION
A RESOLUTION GRANTING APPROVAL, CONSENT AND AUTHORITY TO THE BOARD OF COMMISSIONERS OF WARD FOUR FIRE PROTECTION DISTRICT NO. FOUR OF PARISH OF CALCASIEU, LOUISIANA, TO CALL AN ELECTION TO AUTHORIZE THE DISTRICT TO IMPOSE A PARCEL FEE OF $60.00 PER PARCEL PER YEAR FOR 10 YEARS FROM JANUARY 1, 2004 THROUGH DECEMBER 31, 2013, THE PROCEEDS OF WHICH WILL BE USED FOR FIRE PROTECTION PURPOSES.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of September, 2003, that it does hereby grant approval, consent, and authority to the Board of Commissioners of Ward Four Fire Protection District No. Four to submit to the electorate of said district on January 17, 2004, authorizing the imposition and collection in said District for a period of ten (10) years, beginning with the year 2004 and ending with the year 2013 a parcel fee of $60.00 per parcel per year on each lot, subdivided portion of ground or individual tract upon which is located, either in whole or in part, a residential or commercial structure, regardless of the structure’s being occupied or unoccupied, located in the District, with the proceeds of same being expended for the purposes of acquiring, constructing, maintaining and operating fire protection facilities and equipment, including the cost of obtaining water for fire protection purposes and salaries of firemen, and all purposes incidental thereto.
BE IT FURTHER RESOLVED that approval, consent, and authority is granted to said district to impose and collect the parcel fee authorized thereby should the same carry at the election to be held on January 17, 2004.
BE IT FURTHER RESOLVED that the approval granted herein is intended to constitute all the approval, consent, and authority required by and anticipated under the provisions of Article VI, Section 15 of the Louisiana Constitution of 1974, and all other laws related thereto.
BE IT FURTHER AND FINALLY RESOLVED that certified copies of this authorizing resolution shall be forwarded to representatives of the Board of Commissioners of Ward Four Fire Protection District No. Four.
THUS APPROVED AND ADOPTED on the date above inscribed.
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With reference to the foregoing resolution, Mr. Andrepont stated that plans were being made for a community meeting in the Houston River area to inform the public about the proposed parcel fee, and he urged the residents of this area to attend. He pointed out that the last time a parcel fee was placed on the ballot, there had been some confusion and that needed to be resolved because this would probably be the last time it would be put on a ballot if it failed again.
Motion was made by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously that the proposal of Waste Management be accepted, complete as per all specifications, for solid waste collection and disposal at Calcasieu Parish facilities, with a five-year contract and option to renew for one additional five-year period, said proposals having been accepted by the Parish Purchasing Agent on September 2, 2003.
It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously to approve the staff’s recommendation and to reject the bid which was received for the purchase of one 2004 mid-size SUV, for use by the Registrar of Voters, said bid having been received by the Parish Purchasing Agent on September 12, 2003, due to no bid bond having been submitted with the bid, and further, that the staff be authorized to re-advertise for bids for purchase of same.
Motion was made by Mrs. Treme, seconded by Mr. Andrepont and carried unanimously that the staff’s recommendation be approved to reject the bid which was received for the purchase of one 2004 mid-size SUV, for use by the Division of Planning and Development (Housing Department), said bid having been received by the Parish Purchasing Agent on September 12, 2003, due to the fact that no bid bond was submitted with the bid, and further, that the staff be authorized to re-advertise for bids for purchase of same.
Upon motion made by Mrs. August, which was duly seconded by Mrs. Griffin and carried unanimously, the Parish Purchasing Agent was authorized to advertise for the sale of one vehicle for scrap which was previously used by the Mosquito Control Department.
It was moved by Mrs. Treme, seconded by Mr. Clement and carried unanimously to issue the following proclamation:
Proclamation
Be it Proclaimed by the Calcasieu Parish Police Jury that
October 2 – 4, 2003, shall hereinafter be known and remembered as
DeQuincy Centennial Days
in the Parish of Calcasieu, State of Louisiana, in recognition and celebration of the
City of DeQuincy’s 100th birthday which occurred on May 14, 2003.
/s/ Sandra J. “Sandy” Treme, District 11 /s/ Chuck Kleckley, President
Calcasieu Parish Police Jury Calcasieu Parish Police Jury
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Mrs. Treme invited all the jurors and staff to come to DeQuincy on October 4th to enjoy the many festivities to be held to celebrate the City’s centennial.
President Kleckley recognized Mr. Dane Bolin who was present in the audience. He advised that Mr. Bolin was recently re-hired at the Office of Juvenile Justice Services as Assistant to the Director and that it was good to have him back on the staff.
Upon motion made by Mrs. Griffin, which was duly seconded by Mrs. August and carried unanimously, the rules were suspended by a two-thirds majority vote, and the following resolution was adopted:
RESOLUTION
WHEREAS, on June 19, 2003, a resolution was adopted which authorized the Director of the Office of Juvenile Justice Services to submit an updated plan to the Louisiana Legislature and Supreme Court, which outlined the duties and responsibilities of the collaboration between the Calcasieu Parish Police Jury, the City of Lake Charles, the Calcasieu Parish School Board, local law enforcement agencies, and state service agencies, with reference to the continuation of the Calcasieu Parish Truancy Assessment and Service Center; and
WHEREAS, since that time, the program has been transferred and is now operated through Louisiana State University.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of September, 2003, that it does hereby ratify the signature of the Police Jury President on a contract between the Police Jury and the Board of Supervisors of Louisiana State University for the continuation of the Calcasieu Parish Truancy Assessment and Service Center.
THUS DONE AND PASSED on the date above inscribed.
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There being no further business, motion was made by Mr. Derbonne, seconded by Mrs. Treme and carried unanimously that the meeting be adjourned.
/s/ Chuck Kleckley, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary