October 23, 2003
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, October 23, 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, Hal McMillin, and Cornie Moon
Absent: Messrs. Algie Breaux (ill), Don Manuel (personal business), and Charles S. Mackey, D.D.S. (out-of-town)
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 Boy Scout Troop 5, First United Methodist Church. The roll was called with the result being as outlined above.
President Kleckley welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.
President Kleckley recognized Mr. Tony Dougherty, Vice-President of the Board of Commissioners of Ward Four Fire Protection District No. Two, who presented a plaque to Mrs. Scotty Stacy, on behalf of her husband, in recognition of his service as a member of said board. The plaque read as follows:
Certificate of Appreciation
Presented by the Calcasieu Parish Police Jury
on this, the 23rd day of October, 2003, to
Scotty Stacy
in grateful acknowledgment and appreciation of his hard work and tireless efforts as
a member of the Board of Commissioners of Ward Four Fire Protection District No. Two.
Thanks for a job well done and for eight and one-half years of
outstanding and dedicated service to the fire district!
/s/ Brent Clement, District 12 /s/ Chuck Kleckley,President
Calcasieu Parish Police Jury Calcasieu Parish Police Jury
* * * * * * * * * * * *
Mr. Dougherty pointed out that Mr. Stacy, who was in the hospital and could not be at the meeting, was a good father and family man, as well as an excellent role model. He also stated that during Mr. Stacy’s tenure on the board, the fire district had become one of the leading districts. Mr. Dougherty urged Mrs. Stacy to hang the plaque in a place in their home where she would remember how well-loved and respected Mr. Stacy was.
President Kleckley recognized Mr. Terry Barrett, Ward Three Public Works Superintendent, who presented a retirement plaque to Mr. Wilton J. Simien for his twelve years of service to the Police Jury as an Equipment Operator III on the Public Works Vegetation Crew. Mr. Barrett stated that it was an honor to present this plaque to Mr. Simien and that he appreciated the experience Mr. Simien had contributed to the success of the Parish’s vegetation program. Mr. Simien thanked Mr. Barrett and the Police Jury for this recognition.
President Kleckley recognized the following public officials who were present at the meeting on this date: Mayor Dudley Dixon of the City of Westlake, Mayor Ron LeLeux of the City of Sulphur, Mayor David Riggins of the Town of Vinton, Mayor Randy Roach of the City of Lake Charles, Mr. Dick Kenisson of the Sulphur City Council, Mr. Joe Andrepont of the Calcasieu Parish School Board, Mr. Kevin Guidry, newly-elected Police Juror representing District 9, Ms. Janice Ackley of the Sulphur City Council, and Ms. Lynn Treme of the DeQuincy City Council.
President Kleckley advised that presentation of the 2004 Trust Fund Awards from the Calcasieu Parish Road and Drainage Trust Fund Program would be made at this time but that he would like Mr. McMurry to remind everyone of what the fund was all about.
Mr. McMurry advised that this program was initiated in 1995 and generated $1 million per year which was made available to municipalities and drainage boards throughout the Parish as matching funds for other local, state or federal grants/programs for high priority road and drainage projects. Mr. McMurry further advised that with the awards on this date, a total of $10 million had been distributed which had produced almost $40 million worth of improvements, some of which could not have been accomplished without the Trust Fund awards.
Mr. McMurry stated that he was very proud of this program that was unequaled throughout the State. He advised that the budget book for FY 2004 would include a list of projects made possible by the program and that the kinds of projects, as well as the number of people impacted by same, was very impressive.
The following awards from the Road and Drainage Trust Fund Program were made at this time:
City of Westlake Resurfacing Various Streets $108,884
City of Lake Charles 4-Lane Lake Street $450,000
City of Sulphur Huntington Street Bridge $ 69,000
Town of Vinton Resurfacing Various Streets $ 49,995
Gravity Drainage District No. Two
of Ward Seven Ditch Spraying/Improvements $ 44,539
Gravity Drainage District No. Four
of Ward Three Lateral L-4/W-20 Improvements $250,000
City of DeQuincy Gordon Street Drainage $ 40,000
President Kleckley declared a five-minute recess so that photographs could be taken of the police jurors and public officials representing the various entities which were awarded the grants.
Following the recess, President Kleckley reconvened the regular meeting of the Police Jury and recognized Mr. Allen Wainwright, Public Works Engineer, for a point of personal privilege.
Mr. Wainwright advised that since Mr. Terry Barrett was present at the meeting on this date, he would like to recognize him for having recently been elected President of the National Roadside Vegetation Managers Association. Mr. Wainwright stated that this organization was one of the most prestigious groups in the country which dealt with vegetation management issues and that it was an honor for Mr. Barrett to be representing the organization as its President.
Mr. Barrett stated that although he was proud to have been elected, the honor really went to Mr. McMurry and the police jurors who represented Calcasieu Parish as a whole. He further stated that he would be privileged to talk to the organization about the accomplishments in Calcasieu and that the Parish’s name was synonymous with excellence in everything it did. Mr. Barrett closed by thanking Mr. Wainwright and the jurors for recognizing him.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the following applications for liquor and beer permits were approved:
Market Basket Stores, Inc.
David Skylar Thompson, Sr. – Pres.
362 Sam Houston Jones Parkway
Lake Charles, LA 70611 Beer – Pkg. – ‘2004 25.00
(Don Manuel’s District)
Rodney Kershaw d/b/a
501 Hwy. 171 North
Lake Charles, LA 70611 Beer – Pkg. – ‘2004 25.00
(Don Manuel’s District)
Gateway Grocery, Inc.
Chan J. Swati – Pres.
1783 Hwy. 171 North
Lake Charles, LA 70611 Beer – Pkg. – ‘2004 25.00
(Don Manuel’s District)
Gate Petroleum Company
J.E. McCormack – Sec.
615 Sam Houston Jones Parkway
Lake Charles, LA 70611 Beer – Pkg. – ‘2004 25.00
(Don Manuel’s District)
Michael Thomas Lops – Agent
366 Sam Houston Jones Parkway
Lake Charles, LA 70611 Beer – Pkg. – ‘2004 25.00
(Don Manuel’s District)
Bronco Stop, LLC
Kenneth Cassidy – Member
393 Hwy. 171 North
Lake Charles, LA 70611 Beer – Pkg. – ‘2004 25.00
(Don Manuel’s District)
Bronco Stop, LLC
Kenneth Cassidy – Member
393-A Hwy. 171 North
Lake Charles, LA 70611 Beer – ‘2004 35.00
(Don Manuel’s District)
WARD II
Belinda & Carl LeBlanc d/b/a
7595 Hwy. 14 East
Hayes, LA 70646 Liquor & Beer – Pkg. – ‘2004 75.00
(Algie Breaux’s District)
Gervais Ray Thibodeaux d/b/a
7202 Railroad Avenue
Hayes, LA 70646 Liquor & Beer – Pkg. – ‘2004 75.00
(Algie Breaux’s District)
Southland Gaming, Inc..
Shaine Gaspard – Manager
108 Hwy. 397 – Suite B
Lake Charles, LA 70615 Liquor & Beer – ‘2004 135.00
(Calvin Collins’ District)
McNeese State University
Mark Ethridge – Director
7001 Gulf Hwy.
Lake Charles, LA 70607 Liquor & Beer – ‘2004 135.00
(Enos Derbonne’s District)
Chardele Enterprises, Inc.
Charles Natali – Pres.
VEGAS MAGIC SEAFOOD & STEAKHOUSE
520 Hwy. 397
Lake Charles, LA 70615 Liquor & Beer – ‘2004 135.00
(Calvin Collins’ District)
Four Corners Market, Inc.
Charles E. Kleckley – Pres.
2602 Hwy. 14 East
Lake Charles, LA 70607 Beer – Pkg. – ‘2004 25.00
(Algie Breaux’s District)
Frederick W. Wannage, Jr. d/b/a
9080 Big Lake Road
Lake Charles, LA 70607 Liquor & Beer – ‘2004 135.00
(Enos Derbonne’s District)
Cowboys Nightlife, Inc.
Clarence O. Vallet – Pres.
5329 Common Street
Lake Charles, LA 70607 Liquor & Beer – ‘2004 135.00
(Enos Derbonne’s District)
Cowboys of Lake Charles, Inc.
Clarence O. Vallet – Pres.
5405 Common Street
Lake Charles, LA 70607 Liquor & Beer – ‘2004 135.00
(Enos Derbonne’s District)
William M. Pousson d/b/a
5920 Common Street
Lake Charles, LA 70607 Beer – ‘2004 35.00
(Enos Derbonne’s District)
Country Frosty, Inc.
Frances DeVall – Sec./Treas..
5400 Hwy. 14
Lake Charles, LA 70607 Liquor & Beer – Pkg. – ‘2004 75.00
(Enos Derbonne’s District)
Roland Granger d/b/a
2636 Hwy. 3059
Lake Charles, LA 70615 Liquor & Beer – ‘2004 135.00
(Calvin Collins’ District)
Wayne’s of Sulphur, Inc.
Wayne Hardin – Pres.
3906 Hwy. 27 South
Sulphur, LA 70665 Liquor & Beer – ‘2004 135.00
(Brent Clement’s District)
Margie Garland d/b/a
4020 East Burton Street
Sulphur, LA 70663 Liquor & Beer – ‘2004 135.00
(Mike Danahay’s District)
E-Z Mart Stores, Inc.
Sonja Hubbard – CEO
869 East Houston River Road
Sulphur, LA 70663 Liquor & Beer – Pkg. – ‘2004 75.00
(Hal McMillin’s District)
Philip J. Glorioso, Jr. d/b/a
JAY’S QUICK STOP
3200 Cities Service Hwy.
Westlake, LA 70669 Liquor & Beer – Pkg. – ‘2004 75.00
(Brent Clement’s District)
Dale Benoit d/b/a
3011 East Burton Street
Sulphur, LA 70663 Beer – Pkg. – ‘2004 25.00
(Mike Danahay’s District)
Golden Tor, Inc.
Charles Polak – Pres.
4796 Hwy. 27 South
Sulphur, LA 70665 Beer – Pkg. – ‘2004 25.00
(Brent Clement’s District)
He’s Not Here Lounge, LLC
Dera Annell Bailey – Member
741 West Dave Dugas Road
Sulphur, LA 70665 Liquor & Beer – ‘2004 135.00
(Brent Clement’s District)
Crown Petroleum, Inc.
Asia Bilal – Director
3440 Hwy. 27 South
Sulphur, LA 70665 Liquor & Beer – Pkg. – ‘2003 75.00
(Brent Clement’s District) Liquor & Beer – Pkg. – ‘2004 75.00
Linda J. Gibson d/b/a
790 Old River Road
Starks, LA 70661 Beer – Pkg. – ‘2004 25.00
(Sandy Treme’s District)
VFW Starks Memorial Post 4759
J.E. Broussard – Commander
4402 Hwy. 12
Starks, LA 70661 Liquor & Beer – ‘2004 135.00
(Sandy Treme’s District)
Earl L. Stark d/b/a
4346 Hwy. 12
Starks, LA 70661 Liquor & Beer – ‘2004 135.00
(Sandy Treme’s District)
Earl L. Stark d/b/a
4344 Hwy. 12
Starks, LA 70661 Liquor & Beer – Pkg. – ‘2004 75.00
(Sandy Treme’s District)
Jay’s Melody Club, Inc.
Ricky L. Ashworth – Pres.
5232 Hwy. 12
Starks, LA 70661 Liquor & Beer – ‘2004 135.00
(Sandy Treme’s District)
E-Z Mart Stores, Inc.
Sonja Hubbard – CEO
4371 Hwy. 12
Starks, LA 70661 Liquor & Beer – Pkg. – ‘2004 75.00
(Sandy Treme’s District)
DeQuincy Memorial VFW Post 3802
Charles Russell – Quartermaster
5416 Hwy. 27 South
DeQuincy, LA 70633 Liquor & Beer – ‘2004 135.00
(Hal McMillin’s District)
Country Stop, Inc.
Billy T. Brown – Pres.
1023 Hwy. 27 North
DeQuincy, LA 70633 Liquor & Beer – Pkg. – ‘2004 75.00
(Sandy Treme’s District)
Charles M. Blackburn d/b/a
1021 Fields Hwy.
DeQuincy, LA 70633 Beer – Pkg. – ‘2004 25.00
(Sandy Treme’s District)
Curray Corporation
Scotty G. Rozas – Pres.
2213 Old Hwy. 90
Vinton, LA 70668 Liquor & Beer – ‘2004 135.00
(Brent Clement’s District)
American Legion Post #208
Allen Malone – Finance Officer
5461 Joe Courville Road
Vinton, LA 70668 Liquor & Beer – ‘2004 135.00
(Brent Clement’s District)
Circle A Mini Mart, Inc.
Kia Ty Huynh – Pres.
1869 Hwy. 109 South
Vinton, LA 70668 Liquor & Beer – Pkg. – ‘2004 75.00
(Brent Clement’s District)
Lantier Eurphy d/b/a
3768 Hecker Road
Iowa, LA 70647 Liquor & Beer – Pkg. – ‘2004 75.00
(Calvin Collins’ District)
William Anthony Morvant d/b/a
2679 Hwy. 397
Lake Charles, LA 70615 Liquor & Beer – Pkg. – ‘2004 75.00
(Algie Breaux’s District)
William Anthony Morvant d/b/a
2679-B Hwy. 397
Lake Charles, LA 70615 Beer – ‘2004 35.00
(Algie Breaux’s District)
Jean LaFitte RV Park, Inc.
Gerald G. Pujol – Pres.
2101 Pujol Road
Lake Charles, LA 70615 Liquor & Beer – Pkg. – ‘2004 75.00
(Calvin Collins’ District)
TOTAL REMITTANCE: $3,590.00
* * * * * * * * * * * *
It was moved by Mr. Clement, seconded by Mrs. Treme and carried unanimously to suspend the rules by a two-thirds majority vote to receive a report from Mr. Bobby Hennigan, District Engineer Administrator for the Louisiana Department of Transportation and Development, with reference to the signalization at the intersection of State Highway 27, State Highway 108, and Walker Road.
Mr. Hennigan appeared before the Police Jury and stated that it had been brought to his attention in the past week that there was an issue at this particular intersection in that he was aware of several accidents which had occurred, and he wanted to advise the Police Jury of what actions had transpired in the past week with reference to this matter. Mr. Hennigan explained that there were several multi-lane roads coming into this one intersection which was very difficult to control with stop signs, and he explained what temporary measures had been taken to make the situation better until a traffic signal could be installed. Mr. Hennigan stated that there was one group statewide that installed the signals and this particular intersection was currently going through the approval process which he anticipated to be completed in one week.
Mr. Hennigan stated that once it was approved, it took approximately two months to get the signal installed and operational, pointing out that there was a lot of work that went into installation of traffic signals. He further stated that if the Police Jury could help him get the accident history (from the State Police Department) for this intersection, he would try to get it moved to the top of the list for installations but that the current goal was to have it installed and operational in two months.
Mr. Clement asked Mr. Smart if he could get with law enforcement and see if he could expedite the normal 15-day turnaround for procurement of accident data for this particular intersection. Mr. Smart stated that he could make that request and explain the situation to them, but he was not sure if the information was compiled yet.
Mr. Clement stated that the intersection had been open approximately one month, and there were people getting hurt. He further stated that it was not a good situation and needed to be put on the “front burner” for immediate action. Mr. Clement asked if there was anything the Police Jury could do to expedite getting the information relative to accident history.
Mr. Smith advised that there were bureaucracies everywhere and that “pulling eye teeth” would be a good description for some of them. He further advised that they had tried in the past to get them to work faster, to no avail.
Mr. Clement asked why a traffic signal was not installed when the intersection was first put in, to which Mr. Hennigan stated that he did not know the answer to that question. Mr. Hennigan further stated that the situation had just been brought to his attention in the past week.
Mr. Clement asked what the normal process was when three roads intersected at one intersection. Mr. Hennigan stated that certainly there was a process that was followed, but this did not happen every day. He further stated that he was sure studies had been done and the request for installation of a signal had been made but whether somebody had “fallen down on the job”, he did not know.
Motion was made by Mr. Clement, seconded by Mrs. Treme and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 23rd day of October, 2003, that it does hereby respectfully request that the Louisiana Department of Transportation and Development complete, as expeditiously as possible, the approval process and installation of much-needed signalization at the intersection of State Highway 27, State Highway 108, and Walker Road in Calcasieu Parish, Louisiana, due to the significant number of vehicular accidents occurring at said intersection.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Mr. Andrepont asked that an item be taken out of sequence from its listing on the agenda, and he made a motion which was duly 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, convened in regular session on the 23rd day of October, 2003, that it does hereby approve a Service Agreement between the Police Jury, Waterworks District No. Nine of Ward Four (Carlyss), and Westlake Polymers, L.P., wherein the Waterworks District will provide potable water to Westlake Polymers, L.P. located in the Rose Bluff Industrial area.
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.
* * * * * * * * * * * *
It was moved by Mrs. Treme, seconded by Mrs. Griffin and carried unanimously to suspend the rules by a two-thirds majority vote to adopt the following resolution:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 23rd day of October, 2003, that it does hereby respectfully request that the Louisiana Department of Health and Hospitals, Office of Public Health, Center for Preventive Health, consider an extension of time on the termination of the WIC Program in DeQuincy scheduled for October 31, 2003, to allow time for Dr. Nandita Chadha, to obtain the necessary certification to continue the program which serves the citizens of the DeQuincy, Starks, Ragley, and Longville areas.
BE IT FURTHER RESOLVED that certified copies of the resolution be forwarded to members of the Calcasieu Legislative Delegation.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Upon motion made by Mrs. Treme, which was duly seconded by Mrs. August and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated September 18, 2003, were approved, and the reading of same was dispensed with.
President Kleckley advised that action was needed on Road Abandonment Request RA04-004-03 which was a request by PPG Industries, Inc. for a road abandonment to abandon 197' of PPG Drive in Ward Four, Police Jury District 15, for security purposes. He further advised that the Planning and Zoning Board had met on Tuesday, October 21, 2003, and voted unanimously to recommend that the request be granted and that the portion of road be abandoned.
Motion was made by Mrs. Treme, seconded by Mr. Clement and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RA04-004-03 and that the request to abandon 197' of PPG Drive in Ward Four 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 23rd day of October, 2003, that it does hereby abandon the road right-of-way of 197' for security purposes of PPG Drive in Ward Four of Calcasieu Parish, Louisiana, as requested by PPG Industries, Inc., and recommended by the Calcasieu Parish Planning and Zoning Board, on the property described as:
Beg at a point 793 feet W and 750 feet N of the SE cor of S33, T9S, R9W, Calcasieu Parish, Louisiana, said point of beginning being on the centerline of PPG Drive, formerly known as Columbia Southern Road; thence E 30 feet; thence N 197 feet; thence W 60 feet; thence S 197 feet; thence E 30 feet to the pob.
RA04-004-03
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.
* * * * * * * * * * * *
President Kleckley advised that action was needed on a revision to RZ01-032-98 which was a request by Darrell and Jessica Bailey to revise Ordinance No. 4015 to remove Stipulation No. Two (that the manufactured home must be removed upon completion of the new house or the end of five years, whichever occurs first) for property located at 758 Cob Circle in Ward One, Police Jury District 14. President Kleckley further advised that the Planning and Zoning Board had met on Tuesday, October 21, 2003, and voted unanimously to recommend that the request be granted.
[It was noted that on August 29, 1998, the Police Jury had granted a request for rezoning from C-3 (Central Business Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home). The Police Jury had stipulated at that time that the manufactured home must be removed upon completion of the new house or at the end of five years, whichever occurred first; however, the petitioner was still residing in the manufactured home and had not begun construction on his house because of his decision not to build due to the commercial and industrial potential for the area, all of which was his reason for requesting that Stipulation No. Two be removed.]
Motion was made by Mr. McMillin and seconded by Mr. Danahay that the recommendation of the Planning and Zoning Board with respect to the request to revise Ordinance No. 4015 (RZ01-032-98) to remove Stipulation No. Two be upheld and that the request be granted.
Mr. Landry asked for Mr. Vickers’ opinion with reference to the foregoing, and Mr. Vickers stated that he felt the Planning and Zoning Board had made the right decision in recommending that the request be granted.
Mr. Landry asked if this happened often, to which Mr. Vickers responded that it did not, but in this particular situation, circumstances had changed whereby the petitioner or his wife had been laid off when Grumman reduced its workforce at Chennault International Airport which was beyond their control. He further advised that there was no objection to the request by the surrounding neighbors and that one of the Planning and Zoning Board members lived in close proximity to the location of the request and had no objections to it.
A vote was then taken on the motion on the floor, and said motion carried unanimously; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4635
AN ORDINANCE amending Ordinance No. 4015, adopted by the Police Jury on August 20, 1998, (Zoning Case RZ01-032-98), to remove Stipulation No. 2.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 23rd day of October, 2003, that Ordinance No. 4015, adopted by the Police Jury on August 20, 1998, (Zoning Case RZ01-032-98), is hereby amended to provide for the removal of Stipulation 2) that the manufactured home must be removed upon completion of the new house or the end of five years, whichever occurs first; on the following property:
Beginning at the NE Cor of Lot 3 of Midway Subdivision, a subdivision of the NE/4 of the NE/4 and W/2 of the NE/4 of S20, T8S, R8W, Louisiana Meridian, Calcasieu Parish, Louisiana, thence E 230 ft, thence N 243.17 ft subject to a 12 foot street ROW on the E side of the property.
BE IT FURTHER ORDAINED that the above described property is hereby classified and ratified as R-2 (Mixed Residential).
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.
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
* * * * * * * * * * * *
President Kleckley advised that action was needed on Zoning Request RZ01-041-03 which was a request by Kenny Nichols to rezone from R-1 (Single Family Residential) to A-1 (Agricultural) to allow agricultural development on Coffey Road in Ward One, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, October 21, 2003, and voted eight (against) to two (for) to recommend that the request be denied. President Kleckley also advised that the staff had recommended 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 property be used for single family use excluding manufactured homes.
President Kleckley ruled that both the proponents and the opponents would be allowed five minutes each to present their views, with a two-minute rebuttal for each.
Motion was made by Mrs. Griffin, seconded by Mr. McMillin, and carried unanimously to discuss Zoning Request RZ01–041-03.
Mr. Wallace Nichols, 388 Paul White Road, Moss Bluff, appeared before the Police Jury and stated that he had developed four subdivisions in the Moss Bluff area since 1996. He stated that he felt the reason for the denial by the Planning and Zoning Board was because he had not been very well prepared at the Board’s meeting due to the fact that the neighbors had told him they had no opposition to his proposal. Mr. Nichols stated that had he been on the Board, he might have voted against the proposal also.
Mr. Nichols showed an aerial photograph of the property in question, commending the Engineering staff on their abilities to produce information such as the map, and pointing out that most of the land in this particular area was already zoned A-1 (agricultural). He stated that one of the concerns of the opponents was that a borrow pit would be dug on the property but that he had agreed not to ask for permission to do that anytime in the future.
Mr. Nichols stated that his son wanted to build a large barn in the back of the property and have a lighted rodeo arena for his (son’s) daughter who was in high school. He also stated that he had met with the neighbors to try and work out any differences and at one time, those had been worked out but then they began asking for more and more. Mr. Nichols pointed out that he had talked with Mr. Nealon Marcantel who lived on the east side of the subject property, and he did not have a problem with the request to rezone. He also pointed out that Mr. John Dautriel would address the Police Jury later in the meeting relative to his support of the rezoning request.
President Kleckley ruled that Mr. Nichols’ time was up.
Mr. Andrepont asked why the Planning and Zoning Board had voted against the request, and Mr. Vickers responded that he could not speak for the members of the Board but that there had been an issue which could not be resolved at said meeting about whether Mr. Nichols would agree to not excavate dirt for removal from the premises, and Mr. Vickers felt this played a big part in the decision of the Board.
Mr. Andrepont asked if Mr. Vickers still recommended that the request to rezone be granted, to which Mr. Vickers answered that his recommendation was further strengthened by the fact that Mr. Nichols had agreed to do no excavating of dirt.
Mr. McMillin asked Mr. Nichols if he planned to come back at any time before the Police Jury or the Planning and Zoning Board for permission to dig a dirt pit, to which Mr. Nichols stated that they would not. Mr. McMillin stated that this was his main concern and also the concern of Mr. Don Manuel, District 1 Police Juror, who could not be present at the meeting on this date. Mr. McMillin also stated that everything he had seen Mr. Nichols build was of fine quality, and he believed him when he said he would not excavate dirt.
Mr. Moon asked if the site plan included a dirt pit, to which Mr. Vickers advised that it did not but that the opposition’s concern surrounded the fact that a previous application for rezoning the property had included a dirt pit. In answer to another question by Mr. Moon, Mr. Vickers stated that any future plans for a dirt pit would require Mr. Nichols to come back before the Planning and Zoning Board, and he felt the neighbors were looking for a good faith commitment by Mr. Nichols in order to effect a compromise.
In answer to a question by Mrs. August as to the level of development of the surrounding area, Mr. Vickers explained that Mr. Nichols had sold a lot of the property in this area and that while it had been predominantly rural and undeveloped, the Parish had put in a bridge and improved Coffey Road which had opened up the property for further development. Mr. Vickers further explained that nice homes had been built on rather large tracts of property and that it was a growing area in somewhat of a transition.
In answer to questions by Mr. Danahay, Mr. Vickers explained that the difference between a pond and a dirt pit was that when a pond was dug, the dirt had to stay on the premises and that this was policed by the staff through the zoning ordinance, the public works employees who were in the field every day, and the dirt haulers who did a good job of policing themselves. Mr. Vickers advised that Mr. Nichols operated a dirt pit where his home was currently located and was always in compliance with the Parish rules and regulations, so he did not think there would be any violation of the rules by Mr. Nichols.
Mr. Nichols stated that the surrounding property was in five and ten-acre tracts and that livestock could be kept on said property. He pointed out that a Mr. Boyd Walker had purchased 87 acres across the street from his (Mr. Nichols) property and had about 30 Angus cattle on said property. Mr. Nichols stated that this was one of the bigger selling points as far as he was concerned in that there was enough property so that his activities would not infringe on those of his neighbors.
Mr. Cliff Smith, 2538 Sutherland Road, Moss Bluff, appeared before the Police Jury and distributed photographs of houses that were located in the area in question. He stated that the concern was partially about a possible dirt pit but more than that, he was concerned that with agricultural zoning someone could bring almost anything onto the property, including old buildings. Mr. Smith stated that the area was an exclusive area and that a lot of the property owners had made large investments, his being one-half million dollars. He further stated that when he purchased his property, he was led to believe that the surrounding area would remain an exclusive area and would continue to be zoned R-1.
Mr. Smith also stated that he had moved into a subdivision in southeast Lake Charles and had not realized the restrictions had expired. He stated that the people who lived behind him brought in pigs, and there was nothing he could do about it. Mr. Smith advised that he had been assured nothing like that could ever happen to him again when he bought his property on Sutherland Road and questioned what might occur in the future if something happened to Mr. Nichols.
Mr. Smith stated that junk was another one of his concerns and that if the property remained R-1, he had some protection against that but that if it was changed to A-1 anything could happen. He advised that Mr. Nichols had sold him his property and used the “hook, line and sinker” of R-1 zoning. Mr. Smith stated that all he was trying to do was protect his investment, and that he and his wife had been careful to research the zoning of the property before they purchased it but that now Mr. Nichols did not want any restrictions.
Mrs. August advised that when people developed residential areas in unincorporated areas of the Parish, that was fine, but they had to understand there would be barking dogs, chickens and roosters, etc. She asked who had set the stipulations which had established this particular community as restricted – the Parish or the seller of the property – and how binding were those restrictions.
Mr. Vickers explained that it was a combination (of both the Parish and the seller) and that there were restrictions anytime there was a land use ordinance, i.e., some things were allowed on agriculturally-zoned property that were not allowed on residentially-zoned property, the latter being more restricted. Mr. Vickers further explained that there were also private restrictions established by the developer as a condition of selling the property, or deed restrictions recorded in the Clerk of Court’s office which followed the property and which could be enforced if not followed, and he felt this was probably true in the subject area.
Mrs. August asked how much land was involved in the request under discussion, to which Mr. Vickers stated that it was 26 acres and that the next request (by Mr. Kenny Nichols) to be considered by the Police Jury on this date involved nine acres.
Mrs. August asked how close the property was to residentially-zoned property, and Mr. Smith stated that his property was just around the corner from the property in question; that it was not like it was a mile down the road. Mr. Smith further stated that he could not see Mr. Nichols’ property (from his house), but he had neighbors on Coffey Road, and he was representing everybody. Mr. Smith pointed out that he would like Mr. Nichols to agree to keep everything, such as his equipment, “out of sight” but that he (Mr. Nichols) was elusive when asked about that.
Mr. Clement asked if the Parish’s ordinance which prohibited junk from being stored on property would apply in this instance, and Mr. Vickers stated that it would.
Mr. McMillin pointed out that based on his experience, the jurors and staff took said ordinance very seriously, and all anyone had to do was call their juror if they had a complaint, and it would be taken care of.
Mr. Smith stated that another concern was that everybody in his neighborhood had to build their shops on a concrete slab but if Mr. Nichols’ property was rezoned, he would not have to do that, and he questioned why some had to go through that expense when the Nichols did not. President Kleckley ruled Mr. Smith out of order in that his time for presenting his views had expired.
Mr. John Dautriel, 2500 Sutherland Road, Moss Bluff, appeared before the Police Jury and stated that he had purchased seven acres from Mr. Wallace Nichols, and that the area was “not Beverly Hills”. He added that he was planning to buy some chickens himself and that as long as there was no dirt pit, he was not opposed to the rezoning request. Mr. Dautriel pointed out that he lived next door to Mr. Smith but the back of his property paralleled the back of Mr. Nichols’ property, so he was actually closer to it than Mr. Smith.