October 2, 2003
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, October 2, 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, Chris Landry, Charles S. Mackey, D.D.S., and Hal McMillin
Absent: Messrs. Algie Breaux (ill), Enos Derbonne (out-of-town), Don Manuel (Sam Houston High School Homecoming Parade), and Cornie Moon (ill)
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, General Counsel, 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. McMillin. The roll was called with the result being as outlined above.
President Kleckley welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.
Ms. Toni Caraway, Director of the Calcasieu Council on Aging (CCOA), appeared before the Police Jury at this time with reference to the expanded service provided through the Council’s Meals on Wheels Program as a result of the Police Jury’s financial assistance. She reported that a total of 124 new clients were now receiving the meals, the breakdown of which was as follows: North Lake Charles - 32, Mid Lake Charles - 11, South Lake Charles - 44, Moss Bluff - 6, Carlyss - 10, Sulphur - 7, Westlake - 3, DeQuincy - 4, Tower Oaks - 3, and Iowa - 4. Ms. Caraway explained that her goal was 136 new clients, therefore, they were only lacking 12. She expressed her appreciation, on behalf of the staff and board of the CCOA, for the Police Jury’s generosity in caring for the elderly of the Parish.
In answer to a question by Mrs. Griffin, Ms. Caraway explained that these meals were for shut-ins or homebound people but that the CCOA also had eleven sites throughout the parish where persons could go and receive a meal and that these sites were open five days a week.
Motion was made by Mrs. August, seconded by Mr. Collins and carried unanimously that the report given by Ms. Caraway be received.
Upon motion made by Mrs. Treme, which was duly seconded by Dr. Mackey and carried unanimously, the following applications for liquor and beer permits were approved:
WARD I
Punjab Petroleum, Inc.
Khalique Chaudhry - Pres.
DELTA FOOD MART #5
112 Hwy. 171 North
Lake Charles, LA 70611 Beer - Pkg. - ‘2004 25.00
(Don Manuel’s District)
Natural Lands, LLC
David Dwight - Member
PARKSIDE MARINA
2735 Sam Houston Jones Parkway
Lake Charles, LA 70611 Beer - Pkg. - ‘2004 25.00
(Don Manuel’s District)
Natural Lands, LLC
David Dwight - Member
PARKSIDE CAFE
2735 Sam Houston Jones Parkway
Lake Charles, LA 70611 Beer - ‘2004 35.00
(Don Manuel’s District)
Cypress Bluff Enterprises, LTD
Asad Husein - Pres.
T.J.’S CAFÉ
1115 Sam Houston Jones Parkway
Lake Charles, LA 70611 Beer - ‘2004 35.00
(Don Manuel’s District)
Cypress Bluff Enterprises, LTD
Asad Husein - Pres.
T.J.’S MART & DELI
1115 Sam Houston Jones Parkway
Lake Charles, LA 70611 Beer - Pkg. - ‘2004 25.00
(Don Manuel’s District)
WARD II
Holmwood Grocery, Inc.
Stephen C. Natali - Pres.
HOLMWOOD GROCERY
5602 Hwy. 14 East
Iowa, LA 70647 Liquor & Beer - ‘2004 135.00
(Algie Breaux’s District)
WARD III
Punjab Petroleum, Inc.
Khalique Chaudhry - Pres.
FAST STOP DELI
3607 Senator J. Bennett Johnston Parkway
Lake Charles, LA 70615 Beer - ‘2003 35.00
(Luvertha August’s District) Beer - ‘2004 35.00
Punjab Petroleum, Inc.
Khalique Chaudhry - Pres.
FAST STOP
3607 Senator J. Bennett Johnston Parkway
Lake Charles, LA 70615 Liquor & Beer - Pkg. - ‘2004 75.00
(Luvertha August’s District)
Allen J. LeJeune d/b/a
L & L PACKAGE LIQUOR
5701 Hwy. 90 East
Lake Charles, LA 70601 Liquor & Beer - ‘2004 135.00
(Algie Breaux’s District)
Sunrise of Lake Charles, LLC
Farhani Swati - Member
SUNRISE SUPER SAVER
5508 Hwy. 14
Lake Charles, LA 70605 Liquor & Beer - Pkg. - ‘2004 75.00
(Enos Derbonne’s District)
Maxtor, LLC
Lanis J. Viator - Member
BOURBON STREET LOUNGE
5390 Hwy. 90 East
Lake Charles, LA 70601 Liquor & Beer - ‘2004 135.00
(Calvin Collins’ District)
WARD IV
Lacie Adette Perkins d/b/a
THIB’S COUNTRYSIDE GROCERY
1164 West Dave Dugas Road
Sulphur, LA 70665 Beer - Pkg. - ‘2003 25.00
(Brent Clement’s District) Beer - Pkg. - ‘2004 25.00
Charles Thompson - Bar Chairman
WESTLAKE AMERICAN LEGION #370
2540 Miller Avenue
Westlake, LA 70669 Liquor & Beer - ‘2004 135.00
(Elizabeth Griffin’s District)
WARD VI
Tigerland Grocery & Truck Stop
Ronald E. & Jack Marcantel d/b/a
GOLDEN TIGER CASINO
1106 Hwy. 12
DeQuincy, LA 70633 Liquor & Beer - ‘2004 135.00
(Sandy Treme’s District)
Tigerland Grocery & Truck Stop
Ronald E. & Jack Marcantel d/b/a
TIGERLAND GROCERY & TRUCK STOP
1108 Hwy. 12
DeQuincy, LA 70633 Liquor & Beer - Pkg. - ‘2004 75.00
(Sandy Treme’s District)
WARD VIII
Mansehra Company, Inc.
Nadeem Abassi - Manager
LANDRY’S QUICK SERVE
6594 Hwy. 3059
Iowa, LA 70647 Liquor & Beer - Pkg. - ‘2004 75.00
(Calvin Collins’ District)
TOTAL REMITTANCE: $1,240.00
* * * * * * * * * * * *
It was moved by Dr. Mackey, seconded by Mrs. August and carried unanimously to approve the payment of all current invoices.
Motion was made by Mrs. August, seconded by Mr. Landry and carried unanimously that the minutes of the regular meeting of the Police Jury dated September 4, 2003, be approved, and the reading of same was dispensed with.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the Agenda Committee Report dated September 25, 2003, was approved as follows:
AGENDA COMMITTEE REPORT
September 25, 2003
A meeting of the Agenda Committee was held on Thursday, September 25, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Hal McMillin, Chairman, presiding, and the following members present:
Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Cornie Moon, and Mrs. Sandra Treme
Absent: Mr. Algie Breaux (ill)
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen Smith, Mrs. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.
Chairman McMillin advised that the purpose of the meeting on this date was to review the proposed agenda for the regular meeting of the Police Jury to be held on October 2, 2003.
Following review of the items to be considered by the Police Jury on October 2nd, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.
Also, recommendations for appointments to various boards of special service districts were made by members of the Committee.
Mrs. Treme invited everyone to attend a ribbon-cutting ceremony on Friday, September 26, at 10:00 a.m. at the intersection of Louisiana Highway 27 and Louisiana Highway 12, to officially dedicate a portion of Highway 27 (from Highway 12 to Houston River Road) as Horace Lynn Jones Memorial Highway.
In honor of Mr. Derbonne’s birthday, Mr. Moon invited everyone to stay after the committee meeting for birthday cake.
There being no further business, Chairman McMillin declared the meeting to be adjourned.
* * * * * * * * * * * *
It was moved by Mrs. Griffin, seconded by Mrs. August and carried unanimously to approve the Public Works Committee Report dated September 25, 2003, as follows:
PUBLIC WORKS COMMITTEE REPORT
September 25, 2003
______________________________________
A meeting of the Public Works Committee was held on Thursday, September 25, 2003, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Chris Landry, Chairman, presiding and the following members present:
Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornelius Moon, and Mrs. Sandra J. Treme
Absent: Mr. Algie Breaux (ill)
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen Smith, Mrs. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.
Said Committee:
(1) Received presentation by Mr. Bob Schmidt with HNTB Engineering relative to progress towards a grade separation at Sampson Street in Westlake. Mr. Schmidt advised that this project ($30-40 million) was part of a much larger project ($200-250 million) of which the key component would be the construction of a new bridge over the Calcasieu River and which would involve improvements to six miles of the interstate from I-210 on the west to Highway 90 on the east. Mr. Schmidt further advised that for financial reasons, the project would be done in stages but that the Sampson Street grade separation was priority number one in the project. He also advised that with “enhanced funding”, the project could start in four years and be finished in nine years. Mr. Schmidt outlined four alternatives which had been selected for the Sampson Street project and which would be carried through to the environmental assessment/public hearing process. He encouraged the jurors to keep the project in the forefront with area legislators and LA DOTD and over the next year, to explore creative alternatives for providing supplemental funding for the project. More information on the project can be found on the internet at www.i10lakecharles.org. Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Committee and thanked the jurors for making the Sampson Street grade separation a top transportation priority.
(2) Recommended that existing ordinances be amended and/or ordinances be adopted with reference to the following:
•establish 45-mph speed limit on Green Island Road in Ward Five. (Police Jury District 11)
(3) Recommended that a Joint Services Agreement be approved between the Police Jury and the Calcasieu Parish District Attorney’s Office wherein the Division of Engineering and Public Works will cut, chip, and remove tree limbs at the Cadet Center located adjacent to the Office of Juvenile Justice Services, and further, authorized the President of the Police Jury, or his designee when appropriate, to execute all documents related thereto. (Police Jury District 10)
NOTE: The District Attorney’s Office will reimburse the Parish for labor and equipment at an estimated cost of $2,731.50.
(4) Recommended that a Joint Services Agreement be approved between the Police Jury and Recreation District No. One of Ward Four wherein the Division of Engineering and Public Works will remove dirt from site of new recreational center and haul to a location designated by the Recreation District, and further, authorized the President of the Police Jury, or his designee when appropriate, to execute all documents related thereto. (Police Jury Districts 3 and 14)
NOTE: The Recreation District will reimburse the Parish for labor and fuel at an estimated cost of $6,754.80.
(5) Recommended approval of a Cooperative Agreement between the Police Jury and the Louisiana Department of Transportation and Development (DOTD) for the donation by DOTD of reclaimed asphalt pavement (RAP), and further, authorized the President of the Police Jury, or his designee when appropriate, to execute all documents related thereto.
(6) Recommended that the President of the Police Jury be authorized to execute the necessary documentation for acquisition of right-of-way from Goldie Washington on Nelson Road in Ward Three (Calcasieu Parish Project No. 1999-07).
(7) Recommended that an engineering study be done to determine the feasibility of installing a three-way stop sign at the intersection of Victoria Drive and Crawford Drive in Moss Bluff. (Police Jury District 1)
NOTE: Subsequent to the Public Works Committee meeting, an alternative solution was found which did not require final action by the Police Jury; therefore, no action was necessary relative to this recommendation.
* * * * * * * * * * * *
Motion was made by Mrs. August, seconded by Mrs. Griffin and carried unanimously that Recommendation No. 1 of the Public Works Committee as outlined heretofore be approved, and further, that the following resolution be adopted with respect thereto:
RESOLUTION
WHEREAS, concerted efforts have been made for several years with regard to the fact that State Highway 378 is in dire need of a grade separation at the crossing of the Union Pacific Railroad at Westlake in Calcasieu Parish, Louisiana; and
WHEREAS, this section of State Highway 378 is regionally significant in that it is part of a defacto north loop around the urbanized areas of the City of Lake Charles and, along with U.S. Highway 171, provides access to the areas north of Lake Charles and Westlake; and
WHEREAS, it is estimated that there are approximately 30 trains per day averaging 100-115 cars per train moving through Westlake at State Highway 378 which stalls and inconveniences, for time periods of 15 minutes or more, the approximately 25,000 - 30,000 vehicles which must traverse this railroad crossing daily; and
WHEREAS, safety concerns are paramount because traffic delays that back up onto Interstate 10 are commonplace, and the residents of the City of Westlake fear that evacuation would be hindered in a natural or industrial disaster because of the possibility of being “hemmed in” with railroad tracks to the south and west, a river to the east, and a draw bridge to the north with no possible means for escape; and
WHEREAS, a new grade separation would provide access to the City of Westlake and local industries and would positively impact energy efficiency, environmental aspects, safety, and traffic congestion since it would separate train and vehicular movements; and
WHEREAS, it is the desire of this Police Jury to raise the level of awareness that this project is an absolute necessity for the welfare and safety of the citizens of Westlake and should be funded and built as soon as possible.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 2nd day of October, 2003, that certified copies of this resolution be forwarded to the Calcasieu Legislative Delegation and to the Louisiana Department of Transportation and Development for their support in this much-needed and long-awaited improvement in Calcasieu Parish, and to ensure that this project remains in the forefront with respect to consideration of projects to be accomplished in the near future.
THUS PASSED AND ADOPTED by a unanimous vote on the date above inscribed.
* * * * * * * * * * * *
Upon motion made by Mrs. Treme, which was duly seconded by Mr. Clement and carried unanimously, Recommendation Nos. 2 through 6 of the Public Works Committee were approved; whereupon, the following ordinance and resolutions were adopted: (No action was necessary on Recommendation No. 7.)
ORDINANCE NO. 4623
AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a speed limit on Green Island Road in Ward Five of Calcasieu Parish.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:
SECTION 1. Sec. 17-68, Forty-five miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:
Green Island Road in Ward 5
BE IT FURTHER ORDAINED that effective immediately, no vehicle shall travel in excess of the maximum speed limit established above.
BE IT FURTHER ORDAINED that appropriate signs shall be posted along the road set forth above, at reasonable intervals, to warn the operators of vehicles of the speed limit herein imposed.
BE IT FURTHER ORDAINED that anyone violating the provisions of this ordinance, upon conviction, shall be fined as provided in Section 1-9 of the Code of Ordinances of Calcasieu Parish, Louisiana.
BE IT FURTHER AND FINALLY ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
This ordinance was adopted on the 2nd day of October, 2003.
/s/ Chuck Kleckley, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
* * * * * * * * * * * *
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 2nd day of October, 2003, that it does hereby approve a Joint Services Agreement between the Police Jury and the Calcasieu Parish District Attorney’s Office, wherein the Division of Engineering and Public Works will cut, chip, and remove tree limbs at the Cadet Center located adjacent to the Office of Juvenile Justice Services.
BE IT FURTHER RESOLVED that the District Attorney’s Office will reimburse the Parish for labor and equipment at an estimated cost of $2,731.50.
BE IT FURTHER AND FINALLY 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.
* * * * * * * * * * * *
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 2nd day of October, 2003, that it does hereby approve a Joint Services Agreement between the Police Jury and Recreation District No. One of Ward Four, wherein the Division of Engineering and Public Works will remove dirt from the site of a new recreational center and haul to a location designated by the Recreation District.
BE IT FURTHER RESOLVED that the Recreation District will reimburse the Parish for labor and fuel at an estimated cost of $6,754.80.
BE IT FURTHER AND FINALLY 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.
* * * * * * * * * * * *
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 2nd day of October, 2003, that it does hereby approve a Cooperative Agreement between the Police Jury and the Louisiana Department of Transportation and Development (DOTD) for the donation by DOTD of reclaimed asphalt pavement (RAP).
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 advised that action was needed on whether to waive the one-year requirement in the parish ordinance whereby “no further petition for the same property will be considered by the Police Jury or the Planning and Zoning Board for a period of one year from the date of the public hearing” to allow the acceptance of an application from Michael McVey for a rezoning from R-2 (Mixed Residential) to C-2 (General Commercial) for a drive-through deli at 4015 East Broad Street in Ward Three, Police Jury District 2. (It was noted that on January 16, 2003, the Police Jury denied a rezoning request on this property which was a request by Bernice Gauthier to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to allow a lounge.)
President Kleckley pointed out that this request was for the Police Jury to grant an exception to the one-year waiting period and that if that request was granted, the rezoning request would have to go to the Planning and Zoning Board in November, 2003, for a recommendation and then back to the Police Jury following that.
Mr. John LaRocca, 5340 River Road, Lake Charles, appeared before the Police Jury and stated that he had previously had a buy/sell agreement with the Gauthier family who owned this property contingent upon him being able to get the property rezoned. He further stated that in January of 2003 he had tried to do that but there was opposition based on the desire of the owners of property in that area that alcoholic beverages not be consumed on the property. Mr. LaRocca stated that he was turned down for the rezoning because of a petition that was submitted at that time with 80 signatures of persons in opposition.
In answer to a question by Mr. Danahay, President Kleckley reiterated the fact that the Police Jury was only acting on the request to waive the one-year waiting period and if approved, the Planning and Zoning Board would then hear the request at its meeting in November instead of the applicant having to wait until January of 2004 to apply for a change in zoning.
Mr. LaRocca stated that he did not feel it was fair for somebody else to get the property rezoned when he could not, and he was in opposition to the request to rezone.
Mr. Danahay asked for information relative to the new applicant (Mr. Michael McVey), to which Mr. Vickers responded that a building had been moved onto the property but that he had not been out there so he had few details. Mr. Vickers explained that the residents of the neighborhood had gotten concerned because they thought whoever had moved the building had “jumped the gun” because the property was still zoned R-2 Residential.
Mr. Danahay asked if the owner of the building was in violation of the zoning ordinance by putting it on the property, and Mr. Vickers stated that he was.
Mr. Landry pointed out that it was his understanding that the reason Mr. McVey had moved the building onto the property was because he had understood that he could based on a conversation with someone on the Planning staff. Mr. Landry advised that the reason he had asked that this be placed on the agenda was because this was a different applicant, a different land owner, and a different request than the former request for rezoning of this property and that if it had been the same request, he would not have put it on the agenda. Mr. Landry also advised that the provision of the ordinance tied the one-year waiting period to the property itself, not the owner, and he reiterated the fact that the Police Jury was only deciding on this date whether to waive the requirement for the waiting period, not whether to rezone the property.
In answer to a question by Mr. Andrepont, Mr. Vickers stated he did not have any personal knowledge of someone having told Mr. McVey it was alright to move the building onto the property.
Motion was then made by Mr. Andrepont and seconded by Mrs. August to deny the request to waive the one-year waiting period in order to allow the acceptance of an application from Michael McVey for a rezoning from R-2 (Mixed Residential) to C-2 (General Commercial) for a drive-through deli at 4015 East Broad Street in Ward Three, Police Jury District 2.
In answer to a question by Mr. Clement, Mr. Vickers stated it was his understanding that Mr. McVey’s intent was to sell sandwiches via a drive-through and to sell beer on the premises. Mr. Clement said he could approve it if it was going to be a deli that sold beer, but if it was going to be another bar that sold sandwiches, he would be against that.
In answer to a question by Mrs. August, Mr. Vickers stated that if the request was ultimately approved for the C-2 zoning, the applicant could come back later and apply for a liquor license but that there were other criteria for issuance of said license such as proximity to a residence, playground or church.
Mrs. August asked if that was the reason for the opposition, to which Mr. Vickers stated that the first time it was requested that the property be rezoned, the application was for a lounge, and the neighbors were opposed to that because of noise, as well as a combination of other things.
Mr. LaRocca advised that the minutes of the Planning and Zoning Board meeting when this was discussed included a statement that a Ms. Comeaux said she was concerned about her children, and the neighbors did not want another lounge in the neighborhood.
Mr. McMillin stated that these types of requests should be weighed on a case-by-case basis when it came to economic development, and he would hate to see a legitimate business shut down.
Mr. Michael McVey,7109 Meadow View Loop, Lake Charles, appeared before the Police Jury at this time and advised that before he even attempted to get the property rezoned, he had purchased the property from Ms. Bernice Gauthier and had talked to the people in the neighborhood. Mr. McVey stated that he had a petition with approximately 70 - 80 signatures in favor of his proposal, which was a drive-through to sell pizza and po-boys, and perhaps boiled crawfish. He pointed out that the business would sell beer only, no hard liquor, and the reason for selling beer was so he could put in some video poker machines (which under state regulations required a license to sell beer).
Mr. McVey advised that the building was a portable building and that he had spoken to Mr. Grant Bush of the Planning staff who did not give him a clear picture of what was required. Mr. McVey stated he would never have put the building on the property without being told what he had been told by the Parish. Mr. McVey offered to the jurors a copy of the petition in favor of his proposition, but President Kleckley stated that was not necessary.
A vote was then taken on the motion on the floor which was to deny the request to waive the one-year waiting period in order to allow the acceptance of an application from Michael McVey for a rezoning from R-2 (Mixed Residential) to C-2 (General Commercial) for a drive-through deli at 4015 East Broad Street in Ward Three, Police Jury District 2. The vote thereon was as follows:
YEAS: Mr. Andrepont, Mrs. August, Mr. Collins, Mr. Danahay, Mrs. Griffin, and Dr. Mackey
NAYS: Mr. Clement, Mr. Landry, Mr. McMillin, and Mrs. Treme
ABSENT: Mr. Breaux, Mr. Derbonne, Mr. Manuel, and Mr. Moon
NOT VOTING: President Kleckley
The vote being six (in favor) to four (against), President Kleckley ruled the motion as having carried, whereupon the request to waive the one-year waiting period was denied.
The hour being 6:00 p.m., President Kleckley advised that the Police Jury would sit as a Board of Review at this time, as advertised in accordance with law for action to be taken at 6:00 p.m., to hear any protests on current tax assessments and take action accordingly. He pointed out that the review period began on September 2, 2003, and ended on September 19, 2003, in the Calcasieu Parish Tax Assessor’s Office.
Mr. McMurry advised that no protests had been received in the office during the review period and that it would be appropriate at this time to hear any protests from the audience.
There being no protests voiced, President Kleckley recognized Mr. Richard Cole, Tax Assessor, as being present in the audience. Mr. Cole distributed copies of a chart showing the economic growth in the Parish during 2003. He stated that there had been a 3.32% increase parish-wide and that the biggest increase had been in Ward Seven because of the slot machine facility at Delta Downs Race Track and Casino. Mr. Cole stated that another contributing factor was a $400 million roll-off with respect to the ten-year exemptions. He pointed out that next year (2004) was a reassessment year and there would probably be a lot of millages rolled back. Mr. Cole concluded by saying that things were looking good and continued to look good for the future.
Mr. Andrepont asked how Calcasieu Parish compared with Lafayette, Baton Rouge, or some of the other parishes. Mr. Cole stated that the Parish was under Lafayette and New Orleans but probably in the top bracket and that he could get those numbers for Mr. Andrepont. Mr. Cole advised that Calcasieu Parish was the largest ten-year exempt parish in the State with approximately $500 billion currently on the tax rolls.
Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, sitting as a Board of Review on the 2nd day of October, 2003, to receive protests from taxpayers in Calcasieu Parish, Louisiana, on assessments on the current tax rolls, it does hereby acknowledge and certify that no individuals or representatives of companies or corporations appeared to register any written or oral protest.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
Upon motion made by Mrs. August, which was duly seconded by Mrs. Griffin and carried unanimously, the following ordinance was adopted:
ORDINANCE NO. 4624
AN ORDINANCE amending Ordinance No. 4606, adopted by the Police Jury on August 21, 2003, (Zoning Case RZ04-027-03), Stipulation No. 2.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of October, 2003, that Ordinance No. 4606, adopted by the Police Jury on August 21, 2003, (Zoning Case RZ04-027-03); Stipulation No. 2 is hereby amended to read in its entirety as follows: that all roads must be hardsurfaced (asphalt or concrete) and provide a minimum width of 20 feet less and except the middle and north road which provides access to the cabins which shall be 12 feet and have one-way traffic; on the following property:
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 FURTHER ORDAINED that the above described property is hereby classified and ratified as R-MHP (Manufactured Home Park).
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
This ordinance was adopted on the 2nd day of October, 2003.
/s/ Chuck Kleckley, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
It was moved by Dr. Mackey, seconded by Mrs. August and carried unanimously to adopt the following resolutions:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by Mr. Wallace Nichols to clear, grub, grade and place earthen and aggregate fill material as necessary, to construct a 21 home subdivision. Project implementation would impact approximately 30 acres of jurisdictional wetlands on the 64.3 acre tract. Said project is located off of Dunn Ferry Road, near Moss Bluff, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Wallace Nichols 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 2nd day of October, 2003, that it does hereby indicate no objection to the proposal of Mr. Wallace Nichols to clear, grub, grade, and place earthen and aggregate fill material as necessary, to construct a 21 home subdivision. Project implementation would impact approximately 30 acres of jurisdictional wetlands on the 64.3 acre tract. Said project is located off of Dunn Ferry Road, near Moss Bluff, 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, 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 Ms. Reneeˋ Liebendorfer to place approximately 548 cubic yards of hauled-in, earthen fill to construct a single family home site. Project implementation would impact approximately 0.2 acres of tidal brackish marsh. Said project is located along the northern bank of Bayou Contraband, in Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Ms. Reneeˋ Liebendorfer relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of Lake Charles.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of October, 2003, that it does hereby indicate no objection to the proposal of Ms. Reneeˋ Liebendorfer to place approximately 548 cubic yards of hauled-in, earthen fill to construct a single family home site. Project implementation would impact approximately 0.2 acres of tidal brackish marsh. Said project is located along the northern bank of Bayou Contraband, in Lake Charles, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
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. Collins and carried unanimously that the recommendations of the Director of the Division of Planning and Development be approved with reference to the Surplus Adjudicated Property Sale conducted on September 23, 2003, on the following cases and that an ordinance be adopted with respect to each piece of property:
AP03-107-03 (Albert Street-vacant lot) Police Jury District 4
The Director of Planning and Development recommended that the highest offer in the amount of $100.00 by Foreman Reynaud Community Center be accepted.
AP03-109B-03 (Booker Street-vacant lot) Police Jury District 3
The Director of Planning and Development recommended that the highest offer in the amount of $1,000.00 by Lawrence Davis Dugas be accepted.
AP03-111B-03 (2019 Mill Street-vacant lot) Police Jury District 4
The Director of Planning and Development recommended that the highest offer in the amount of $2,300.00 by Que Phan be accepted.
AP03-118-03 (Simmons Street-vacant lot) Police Jury District 2
The Director of Planning and Development recommended that the highest offer in the amount of $150.00 by Gregory D. Brooks, Sr. be accepted.
AP03-120-03 (312 Calcasieu Street-vacant lot) Police Jury District 2
The Director of Planning and Development recommended that the highest offer in the amount of $400.00 by Marvin James Harmon, Sr. be accepted.
AP04-042-02 (Independence Road-vacant lot) Police Jury District 15
The Director of Planning and Development recommended that the highest offer in the amount of $5,800.00 by Hermon Rayford Stevens, Jr. be accepted.
AP04-115-03 (Highway 27 and Highway 1133-vacant lot) Police Jury District 12
The Director of Planning and Development recommended that the highest offer in the amount of $14,000.00 by Mary M. Ellender be accepted.
AP04-121-03 (Highway 27 South-vacant lot) Police Jury District 12
The Director of Planning and Development recommended that the highest offer in the amount of $5,500.00 by Hermon Rayford Stevens, Jr. be accepted.
AP07-119-03 (Horridge/Nicholls Street-vacant lot) Police Jury District 11
The Director of Planning and Development recommended that the highest offer in the amount of $3,500.00 by Donald Zeno be accepted.
AP08-110-03 (Ira Breaux Road-vacant lot) Police Jury District 2
The Director of Planning and Development recommended that the highest offer in the amount of $9,000.00 by Hermon Rayford Stevens, Jr. be accepted.
As a result of passage of the motion stipulated heretofore, the following ordinances were adopted:
ORDINANCE NO. 4625
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 7 Johnnie Jenkins Partition; (AP03-107-03; Tax Assessment No. 917796); Albert Street (vacant lot) in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Foreman Reynaud Community Center, its designated agent, or assignee for the consideration of $100.00 (one hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: Lot 7 Johnnie Jenkins Partition; (AP03-107-03; Tax Assessment No. 917796); Albert Street (vacant lot) in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and
WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and
WHEREAS, a request has been received by the Division of Planning & Development from Foreman Reynaud Community Center, to purchase said property for the consideration of $100.00 (one hundred dollars) cash, at the time of sale; and
WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and
WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Foreman Reynaud Community Center, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 2nd day of October, 2003, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: Lot 7 Johnnie Jenkins Partition; (AP03-107-03; Tax Assessment No. 917796); Albert Street (vacant lot) in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.
Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Foreman Reynaud Community Center, its designated agent, or assignee for and in consideration of $100.00 (one hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:
(1) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the Adjudicated Property Section has been provided a Mortgage and Conveyance Certificate or an equivalent by an abstract company doing business in Calcasieu Parish certifying that an examination of the mortgage and conveyance records of the Clerk of Court of Calcasieu Parish was made to obtain the names and last known addresses of all owners, mortgagees, and other persons who might have vested or contingent interests in the property, or who have filed requests for notice as provided for in LSA-R.S. 47:2261, and a list of those names and addresses is attached to the certification. The written certification shall contain an indemnification and hold harmless clause by the purchaser in favor of the Parish of Calcasieu, its officers, agents and employees if the purchase should fail to request notification to an interested party or should incorrectly identify or locate any interested party.
(2) Purchaser has made written request to the Adjudicated Property Section of the Division of Planning & Development to notify those persons identified above in accordance with LSA-R.S. 33:4720.17 and LSA-R.S. 47:2261 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication requested.
(3) Upon written request from the Adjudicated Property Section of the Division of Planning and Development, the Purchaser shall remit 25% of the purchase price as earnest money to be held in escrow by the Calcasieu Parish Police Jury for application to the purchase price at closing, or to be retained by it in the event Purchaser fails to complete the purchase.
(4) The Adjudicated Property Section of the Division of Planning & Development has provided purchaser with proof of notice, and purchaser has recorded same in the conveyance records of Calcasieu Parish and has provided the Adjudicated Property Section of the Division of Planning & Development a stamped copy of the recorded proof of notice.