March 17, 2005
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, March 17, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Hal McMillin, President, presiding, and the following members present:
Mrs. Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Cornie Moon, and Tony Stelly
Absent: Mesdames Elizabeth Conway Griffin (ill) and Mary Kaye Eason (family commitment)
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.
President McMillin called the meeting to order. The invocation was pronounced by Father Tim Goodly of Immaculate Heart of Mary Catholic Church which was followed by the Pledge of Allegiance led by Mr. Guillory. The roll was called with the result being as outlined above.
President McMillin 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 McMillin advised that a public hearing would be held at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., to receive comments regarding the proposed reduction of the boundaries of Calcasieu-Cameron Hospital Service District to exclude 8.72 acres of vacant land near 602 Sam Houston Jones Parkway in Ward One of Calcasieu Parish adjacent to the Hospital’s Dynamic Dimensions facility, said vacant land having been purchased from the District by J & P Land Development, and further, appropriate action thereon would be taken by the Police Jury following the public hearing.
Mr. Manuel advised that this property was located on Sam Houston Jones Parkway (LA Highway 378) and that the Hospital had no plans to build anything on it. He pointed out that there were businesses wanting to develop in Ward One, and the exclusion of this property from the District’s boundaries would open the property up for development. Mr. Manuel concluded by saying that this was situated in his police jury district, and he was in favor of the proposal to exclude it from the Hospital Service District.
Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Police Jury and stated that he wanted to remind the Jury that the Hospital District was having serious financial problems, and he preferred that the hospital taxing district not be further reduced. Mr. Atherton pointed out that part of the property for the Therapeutic Riding Center operated by the District was currently up for sale.
Mr. Atherton stated that it was his understanding that the Hospital Board had no intentions of calling an election for a property tax, and he encouraged them not to, but if a property tax was called, the District would need all of the money available from tax revenues on the property it owned.
Mr. Atherton also stated that he assumed that the sale of the subject property (to J & P Land Development) had followed all applicable state and parish laws such as public notices and procedures but if such a review had not been performed by the Police Jury staff, he asked that one be done.
Mr. Atherton asked that before the Jury took any further action pertaining to the West Calcasieu Cameron Hospital District, that a full management review of all hospital operations be done. He stated that there were too many continuing questions as to hospital operations, record keeping, adherence to state and parish laws, and documents not being made available to the public.
Mr. Atherton pointed out that the consultant that reviewed the Hospital’s operations had completed the study and had given a report to the Hospital’s management; however, management had refused to make this public document available to the public. Mr. Atherton stated that since the Jury was exercising some oversight of its hospital district by paying $75,000 toward the cost of this study, he asked that the Police Jury officially request the Hospital Board to give the Parish’s financial staff a copy of the study.
Mr. Atherton stated that in prior discussions about the Police Jury’s oversight of its special service districts, the Jury and current legislation required an annual management review by the Parish staff. He further stated that he had asked the Police Jury to require the special service districts’ board members to follow the Parish’s Board Member Manual, however, the Jury had declined to do that but had mandated an annual financial and management review of its special service districts to make sure everything was being done in the best interests of the public and the Police Jury. Mr. Atherton stated that the Parish’s financial staff could not competently perform this annual review of the West Calcasieu Cameron Hospital Service District without a copy of the new study of hospital operations. Mr. Atherton pointed out that he was being careful not to ask for the study to be given to him, but to the Parish’s financial staff.
Mr. Atherton requested that the Jury ask its financial staff to perform a management review of the District’s operations and to report back to the Jury with their findings and recommendations to correct management problems so that the hospital district was again self-sustaining and not in need of a property tax, and further, that all hospital records were proper and accurate.
Mr. Atherton closed by saying that the Police Jury had done the right thing by paying for a portion of a study by a competent consultant but for the Hospital to “sit on it” and not give a copy of it to the Jury or its staff was something he did not understand.
In response to Mr. Atherton’s comments, Mr. McMurry advised that it was highly unlikely that the Police Jury would ever be asked to exclude any portion of the District in Wards Four or Seven, and the portion in Ward One currently being discussed was the last piece of acreage in Ward One left to be excluded from the District other than the tract on which the Hospital’s Dynamic Dimensions facility was located. Mr. McMurry pointed out that the District had not served Ward One from a medical perspective except to develop the Dynamic Dimensions facility, and the exclusion of the 8.72 acres under question would complete the circle of removing Ward One from the District except for the property on which the Dynamic Dimensions facility was located, a request Mr. McMurry did not feel was unfair on the part of the Hospital.
With respect to Mr. Atherton’s request for a financial review of the District’s operation, Mr. McMurry stated that this is what the Police Jury had paid $75,000 to help fund – an outside review that did not tie up the Parish’s financial staff – and he felt it would be redundant to have another review performed, at least until the staff had an opportunity to review in detail the study that had already been done. Mr. McMurry explained that he had spoken with Mr. Tim Broussard, Administrator of the Hospital, and a public records request had been issued to the Hospital for a copy of the study. Mr. McMurry further explained that hospital service districts had certain laws that covered proprietary information as it related to competition with other hospitals, and therefore, some of the information in the study was not considered public record. Mr. McMurry stated that Mr. Broussard had asked the company which performed the study to do an executive summary with the crux of the recommendations. Mr. McMurry also stated that he had asked Mr. Broussard, on behalf of the Police Jury, to submit that summary and the complete report to Mr. (Jerry) Milner (Director of the Division of Finance) for review as soon as the summary was completed.
Mr. Atherton stated that time was “ticking on” and reiterated his concern that the Police Jury did not already have a copy of the study, particularly since one-half of the cost of same had been paid by the Jury, and because he felt the Police Jury had oversight of the Board. Mr. Atherton also stated that the reason he was asking for the property under discussion to be left in the District was to give the Hospital an incentive to not call an election for a property tax, pointing out that Mr. Manuel would not want Ward One to be included in such a property tax.
Mr. Atherton thanked the jurors for allowing a public hearing so that the public had an opportunity to talk about these kinds of issues, and he felt it was very important to have that type of process in place. He asked what kind of time frame was anticipated for the Parish’s receipt of the study, to which Mr. McMurry advised that he had asked that the Police Jury receive a copy of the report and summary as soon as the latter was completed, which he anticipated to be a matter of days.
Mr. Andrepont stated that he had spoken with Mr. Broussard on this date, and he (Mr. Broussard) anticipated being able to comply with the public records request filed by Mr. Hector San Miguel of the “Lake Charles American Press” for a copy of the executive summary of the report by March 23, 2005. Mr. Andrepont advised that Mr. Broussard was going over the report with each department head at the Hospital and dissecting each recommendation in comparison to what they were currently doing. Mr. Andrepont stated that the Hospital’s intentions were good, and he agreed that proprietary information needed to remain confidential because the Hospital was in competition with other hospitals.
Mr. Atherton pointed out that the Friends of the Therapeutic Riding Center had asked the Hospital for a budget, and no one knew if there was information in the consultant’s report that would assist the Center.
President McMillin asked if there was anyone else in the audience who had comments for the public hearing, and hearing no further comments, motion made by Mr. Manuel, seconded by Dr. Mackey and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 4880
An ordinance amending Ordinance No. 706, adopted by the Calcasieu Parish Police Jury on August 1, 1950 (as heretofore amended by Ordinance No. 3514, adopted on March 3, 1994, and Ordinance No. 4699, adopted on March 18, 2004) and Chapter 12, Article II, Hospital Service Districts, Division 3, Calcasieu-Cameron, of the Code of Ordinances of Calcasieu Parish, Louisiana, to reduce the boundaries of the Calcasieu-Cameron Hospital Service District to exclude 8.72 acres of vacant land near 602 Sam Houston Jones Parkway in Ward One of Calcasieu Parish adjacent to the Hospital’s Dynamic Dimensions facility.
WHEREAS, by Ordinance No. 706, adopted by the Calcasieu Parish Police Jury on August 1, 1950, the Calcasieu Parish Police Jury created the Calcasieu-Cameron Hospital Service District (the “District”) consisting of the whole of Wards 4 and 7 of Calcasieu Parish and the whole of Ward 6 of Cameron Parish, Louisiana; and
WHEREAS, by Ordinance No. 25-B adopted by the Cameron Parish Police Jury on August 7, 1950, the Cameron Parish Police Jury consented to and approved the creation of the District and the inclusion of the whole of Ward Six of Cameron Parish within the District; and
WHEREAS, Ordinance No. 3514, adopted by the Calcasieu Parish Police Jury on March 3, 1994, amended Ordinance No. 706 and Chapter 12, Article II, Hospital Service Districts, Division 3, Calcasieu-Cameron, of the Code of Ordinances of Calcasieu Parish, Louisiana, to enlarge and expand the boundaries of the District to include Ward One of Calcasieu Parish, which amendment and enlargement was approved by the Cameron Parish Police Jury on March 1, 1994; and
WHEREAS, Ordinance No. 4699, adopted by the Calcasieu Parish Police Jury on March 18, 2004, amended Ordinance No. 706 and Chapter 12, Article II, Hospital Service District, Division 3, Calcasieu-Cameron, of the Code of Ordinances of Calcasieu Parish, Louisiana, to reduce the boundaries of the Calcasieu-Cameron Hospital Service District to exclude Ward One of Calcasieu Parish, less and except certain property owned and operated by the District, which is located at 602 Sam Houston Jones Parkway in Ward One; and
WHEREAS, the Calcasieu Parish Police Jury called a public hearing to be held on Thursday, March 17, 2005, at 5:30 p.m., and published a notice thereof in the Lake Charles American Press, on February 17, February 24 and March 3, 2005, as a result of the request of the Board of Commissioners of the District to exclude from the District, 8.72 acres of vacant land adjacent to the Hospital’s Dynamic Dimensions facility located at 602 Sam Houston Jones Parkway in Ward One, Calcasieu Parish, Louisiana, said vacant land having been sold by the District; and
WHEREAS, such public hearing was duly held on Thursday, March 17, 2005, at 5:30 p.m., in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, at which public hearing Mr. Charlie Atherton voiced and presented in writing his concerns about the management of the Hospital and his preference that the Hospital’s taxing district not be further reduced. No additional objections or comments were made at the hearing, and no additional objections were made in writing to the President of the Police Jury; and
WHEREAS, the change in the boundaries of the District to exclude 8.72 acres of vacant land near 602 Sam Houston Jones Parkway in Ward One of Calcasieu Parish adjacent to the Hospital’s Dynamic Dimensions facility will not cause an impairment of the obligations of any contract of the District.
NOW, THEREFORE, BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of March, 2005, that:
SECTION 1. Under and by virtue of the authority conferred by Chapter 10, Title 46 of the Louisiana Revised Statues of 1950, as amended, and other constitutional and statutory authority, the boundaries of the Calcasieu-Cameron Hospital Service District (the “District”) are hereby altered and amended to exclude 8.72 acres of vacant land near 602 Sam Houston Jones Parkway in Ward One of Calcasieu Parish adjacent to the Hospital’s Dynamic Dimensions facility. The boundaries of the District shall hereafter comprise and embrace all of that territory within (i) Ward 4 and Ward 7 of Calcasieu Parish, (ii) the property owned and operated by the District located at 602 Sam Houston Jones Parkway in Ward One, more particularly described as Commencing at a point South 89○ 44' 44" East 450.0 feet from the Southwest Corner of the West Half of the Southeast Quarter of Section 5, Township 9 South, Range 8 West; thence North 00○ 17' 27" West a distance of 392.0 feet; thence South 89○ 44' 44" East a distance of 430.0 feet; thence South 00○ 17' 26" East a distance of 137.00 feet; thence South 89○ 44' 44" East a distance of 200.0 feet; thence South 00○ 17' 26” East a distance of 60.00 feet; thence North 89○ 44' 44" West a distance of 200.0 feet; thence South 00○ 17' 26" East a distance of 195.00 feet to the South Line of Southeast Quarter (SE/4) of said Section 5; thence North 89○ 44' 44" West a distance of 430.0 feet to the point of commencement, containing 4.14 acres more or less, being subject to a road right of way across the South Side thereof and a 60' access easement, and (iii) Ward 6 of Cameron Parish.
SECTION 2. The District, as the boundaries are altered and amended hereby, shall continue to be known as “Calcasieu-Cameron Hospital Service District” and, as such, shall have all the rights, powers and privileges granted and conferred by the Constitution and Statues of the State of Louisiana, including the authority to incur debt, to issue bonds and to levy taxes.
SECTION 3. The domicile of the District shall continue to be Sulphur, Louisiana, which domicile is within the corporate limits of the District.
SECTION 4. This ordinance shall be published in full in the official journal of the Parish after adoption.
This Ordinance having been submitted to a vote, the vote thereon was a follows:
YEAS: Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Cornie Moon, Mrs. Sandy Treme, and Mr. Tony Stelly
NAYS: None
ABSENT: Mrs. Elizabeth Conway Griffin and Mrs. Mary Kaye Eason
NOT VOTING: President Hal McMillin
This Ordinance was declared adopted on this the 17th day of March, 2005, and shall become effective and be in full force immediately.
/s/ S. Mark McMurry, Parish Administrator /s/ Hal McMillin, President
& Ex-Officio Secretary
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President McMillin advised that the following parish employees would be recognized at this time in honor of their retirement: Albert Prater, Government Access Channel – 31 years; and Dale Smith, Public Works (west side) – 6 years.
Mr. McMurry stated that he wished the Parish had 50 Al Praters. He further stated that during his 31 years of employment, Mr. Prater had not known the definition of a “weekend” or “after hours” and that whatever needed to be done, whatever job – whether it was anywhere in his job description – he was more than able and happy to take it on, never asking “why?”, just getting the job done. Mr. McMurry stated that Mr. Prater would be missed, and that he had not only been a good working colleague and partner but also a very good friend.
Mr. McMurry then presented a plaque to Mr. Prater in honor and recognition of his 31 years of dedicated service, and Mr. Prater received a standing ovation.
Mr. Prater stated that it had been an honor working for Calcasieu Parish and pointed out that the Parish had come a long way from when he started 31 years ago to being one of the top counties in the United States.
Mr. Manuel conveyed his appreciation of Mr. Prater’s dedication and ingenuity while working in the Public Works Department, and President McMillin expressed his appreciation for Mr. Prater’s efforts and talent in getting C-Gov (the Calcasieu Government Access Channel) on television, particularly most recently getting it on the air on the west side of the Calcasieu River.
Mr. Mike Quienalty, Division of Engineering and Public Works, introduced the next retiree to be honored, Mr. Dale Smith, whom he said was always dependable and always looking out for the best interest of the Parish. Mr. Quienalty read the plaque in commemoration of Mr. Smith’s six years of service.
Mr. Smith expressed his appreciation for having been given the pleasure of working for the Parish and stated he wished he would have come to work for the Parish sooner than he did.
At this time, Mr. Maurice Tynes appeared before the Police Jury with reference to his candidacy for District Judge to fill the vacancy created when Judge David Painter was elected to the Third Circuit Court of Appeal. He gave a brief background of his personal and professional qualifications, an outline of what he wanted to accomplish if elected Judge, and then expressed his gratitude for being given the opportunity to appear before the Police Jury with regard to his candidacy.
Upon motion made by Dr. Mackey, which was duly seconded by Mr. Landry and carried unanimously, the following application for a liquor and beer permit was approved:
WARD III
NCM, LLC
Michael L. McVey - Manager
MAC’S
4015 East Broad Street
Lake Charles, LA 70615 Beer 35.00
(Calvin Collins’ District)
TOTAL REMITTANCE: 35.00
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Motion was made by Mr. Manuel, seconded by Mr. Stelly and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated February 16, 2005, be approved, and the reading of same was dispensed with.
President McMillin advised that action was needed on Zoning Case RZ03-010-05 which was a request by Progressive National Bank of DeSoto Parish and Merlin Joseph McFarlain, Jr. to rezone from I-1 (Light Industrial) to R-1 (Single-Family Residential) to allow a residential subdivision on West Lincoln Road in Ward Three, Police Jury District 8 (Mrs. Eason’s district). President McMillin further advised that on Tuesday, March 15, 2005, the Planning and Zoning Board had met and voted unanimously to recommend that the request be denied.
Motion was made by Mr. Manuel and seconded by Mr. Guillory that discussion be held on this item.
Mr. Moon stated that he had spoken with Mrs. Eason, who was not able to attend the meeting on this date due to a scholastic achievement program her daughter was participating in at McNeese State University, but it was his understanding from speaking with her that she would like to see the Police Jury uphold the recommendation of the Planning and Zoning Board.
Mr. Landry pointed out that the request was actually to down-zone, and Mr. Vickers explained that the Planning and Zoning Board’s concern was that residential development in this particular area would conflict with airport activity. Mr. Vickers further explained that more and more helicopters would be brought into this location and that noise contamination was already a problem for current residents in the area. Mr. Vickers stated that an office park or something of that nature would be more compatible than a residential use. Mr. Vickers also stated that the Lake Charles Regional Airport was continuing to industrialize, which made this particular property an area in transition, and he felt it was best for the property to remain zoned I-1 (Light Industrial).
Mr. Stelly asked if these concerns would not be the risk of the developer, as well as those who might purchase property from the developer, since the Airport was already located there. Mr. Vickers stated that if the land was developed as residential, there would have to be some provisions recorded in the deeds whereby the owners would waive any rights to complain about air traffic noise.
Mr. Stelly stated that this would be a new development, and the buyers would have to understand that when they purchased their property they could not complain about noise. He referenced the houses in south Lake Charles over which airplanes pass constantly, and those people had become accustomed to that as being normal.
Mr. Vickers stated that there had not really been that much development in the area of the rezoning request and pointed out that the Airport would continue to operate 24 hours a day, 365 days a year, which meant that development would have to occur further south.
Mr. Stelly asked what other criteria were used besides helicopter noise in the Planning and Zoning Board’s recommendation to deny the request, and Mr. Vickers explained that the adjoining areas were zoned I-1 (Light Industrial), therefore, if this request was approved, there would be a residential area surrounded by I-1 which he felt was not good planning.
Motion was made by Mr. Manuel, seconded by Dr. Mackey and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-010–05 and to deny the request to rezone.
President McMillin advised that action was needed on Zoning Case RZ04-008-05 which was a request by Jeff Davis Bank and Trust Company to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow a bank at 4507 Highway 27 South in Ward Four, Police Jury District 12 (Mr. Clement’s district). President McMillin further advised that the Planning and Zoning Board had met on Tuesday, March 15, 2005, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development.
Upon motion made by Mr. Clement, which was duly seconded by Mr. Guidry and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ04-008-05 and the request to rezone was granted with the stipulation outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4881
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Jeff Davis Bank and Trust Company to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow a bank on the property described as: Com 190.00 feet S and 50.00 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence E for a distance of 188.70 feet; thence S for a distance of 208.70 feet; thence W for a distance of 188.70 feet; thence N for a distance of 208.70 feet to the poc. Herein described tract containing 0.904 acres, m/l.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of March, 2005, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Four of this parish:
From A-1 (Agricultural) to C-2 (General Commercial) to allow a bank with the following stipulation: 1) that the development adhere to the site plan on file with the Division of Planning and Development, on the property described as: Com 190.00 feet S and 50.00 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence E for a distance of 188.70 feet; thence S for a distance of 208.70 feet; thence W for a distance of 188.70 feet; thence N for a distance of 208.70 feet to the poc. Herein described tract containing 0.904 acres, m/l.
Zoning Case RZ04-008-05
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/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President McMillin advised that no action was necessary on Zoning Case RZ08-009-05 which was a request by Ronnie and Paula Roussell to rezone from A-1 (Agricultural) to R-M (Multi-Family Residential) to allow duplexes (six units) on Highway 3059 in Ward Eight, Police Jury District 10 (Mr. Stelly’s district), due to the fact that the request had been withdrawn.
President McMillin advised that action was needed on Zoning Case RZ01-011-05 which was a request by Janet Black to rezone from R-2 (Mixed Residential) to C-3 (Central Business Commercial) to allow a daycare facility on East Telephone Road in Ward One, Police Jury District 2 (Mr. Collins’ district). President McMillin further advised that the Planning and Zoning Board had met on Tuesday, March 15, 2005, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the use was for a daycare facility only; and (3) that entrance and exit markers must be placed next to the driveways prior to issuance of an occupational license.
Motion was made by Mr. Andrepont, seconded by Mr. Danahay and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-011-05 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4882
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Janet Black to rezone from R-2 (Mixed Residential) to C-3 (Central Business Commercial) to allow a daycare facility on the property described as: Com at a point which is 592.06 feet W of the intersection of LA State Hwy No. 171 and the South line of the NW/4 of NW/4 of S4, T9S, R8W; thence continue on and along the S line of said quarter a distance of 113.64 feet to the W line of said NW/4 of NW/4 of S4; thence N on and along the said W line 394.0 feet to the NW cor of Lot L of You Winn Subdivision No. 2; a subdivision in the NW/4 of NW/4 of S4, T9S, R8W, as per plat in Plat Book 5 page 141; thence E on and along the N line of said Lot “L” a distance of 234.1 feet; thence S parallel to the W line of said Quarter, a distance of 214.9 feet; thence W 134.1 feet; thence Southeasterly 180.5 feet to the poc, said tract being the W 234.1 feet of Lots “L” and “M” of You Winn Subdivision No. 2 and a portion of NW/4 of NW/4 of S4, T9S, R8W.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of March, 2005, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:
From R-2 (Mixed Residential) to C-3 (Central Business Commercial) to allow a daycare facility 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 use is for a daycare facility only; and 3) that entrance and exit markers must be placed next to the driveways prior to issuance of an occupational license, on the property described as: Com at a point which is 592.06 feet W of the intersection of LA State Hwy No. 171 and the South line of the NW/4 of NW/4 of S4, T9S, R8W; thence continue on and along the S line of said quarter a distance of 113.64 feet to the W line of said NW/4 of NW/4 of S4; thence N on and along the said W line 394.0 feet to the NW cor of Lot L of You Winn Subdivision No. 2; a subdivision in the NW/4 of NW/4 of S4, T9S, R8W, as per plat in Plat Book 5 page 141; thence E on and along the N line of said Lot “L” a distance of 234.1 feet; thence S parallel to the W line of said Quarter, a distance of 214.9 feet; thence W 134.1 feet; thence Southeasterly 180.5 feet to the poc, said tract being the W 234.1 feet of Lots “L” and “M” of You Winn Subdivision No. 2 and a portion of NW/4 of NW/4 of S4, T9S, R8W.
Zoning Case RZ01-011-05
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/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President McMillin advised that action was needed on Zoning Case RZ03-006-05 which was a request by James Mistretta to rezone from A-1 (Agricultural) to C-2 (General Commercial) and R-MHP (Manufactured Home Park) to allow a RV (recreational vehicle) Park, restaurant/lounge, and convenience store at 3748 Highway 3059 in Ward Three, Police Jury District 2 (Mr. Collins’ district). President McMillin further advised that the Planning and Zoning Board had met on Tuesday, March 15, 2005, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan and the letter from Mistretta dated March 4, 2005, on file with the Division of Planning and Development; (2) that all external lighting be oriented inward toward the development or structures to minimize intrusion into surrounding property; (3) that an eight-foot wood privacy fence be installed along the east and north property lines upon completion of the RV park or first phase; (4) that vehicular access be restricted to Highway 3059 only; (5) that all utilities shall be installed underground; (6) that the lounge shall operate in conjunction with the other amenities (i.e. banquet hall, restaurant, motel, and dance hall) as per the site plan; (7) that a brick fence be installed along the south property line upon completion of the first phase; and (8) that the property lying east of the proposed fence adjoining Pickerel Road as per site plan remain zoned agricultural.
Motion was made by Mr. Manuel and seconded by Mr. Landry that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-006-05 and that the request to rezone be granted with the stipulations outlined by said Board.
Mr. Bruce Allured, 3720 Pickerel Lane, Lake Charles, appeared before the Police Jury in opposition to the rezoning request. He stated that he lived adjacent to the proposed development and that the property Mr. Mistretta planned to pave used to be the front lawn of a nursing home, which had been well-maintained over the years, and that Mr. Mistretta was asking for a variance to allow in excess of 200 RV slots, which he said was more than normal, adjacent to a number of single-family homes in which people had invested over the years. Mr. Allured stated that the adjoining property was zoned agricultural, and he would have expected that if it was ever rezoned, it would have been rezoned for residential use.
Mr. Allured also stated that he felt the proposal was being “shoe horned” into a piece of property that was not big enough according to the regulations of the Parish. Mr. Allured further stated that the reason for zoning was for people to have some confidence in what would happen to the property surrounding theirs.
Mr. Allured stated that it all looked good on the paperwork submitted by Mr. Mistretta but that it was in the wrong area with 13 subdivision lots abutting it. Mr. Allured told the jurors that if they would like to wake up and find their neighbor had paved their lawn and parked ten RV’s on it, then they should vote in favor of the rezoning request.
In answer to a question by Mr. Moon, Mr. Allured stated that his major concern was the fact that the proposed development “backed up” to the existing subdivision, pointing out that his property was one-quarter of a mile from the proposed development. Mr. Allured also stated that rezoning from agricultural to commercial was a drastic change and that the development would disrupt the quiet neighborhood. He pointed out that Mr. Mistretta planned to attract RV rallies which would mean transient people getting together to party. Mr. Allured stated that the buffer zone was eleven feet with an eight-foot wooden fence, which he said would not even stop conversations from being overheard.
Mr. Moon asked if a bigger buffer zone or planting materials would solve the problem, to which Mr. Allured responded that it would render the proposed development less obtrusive.
Mr. Clement asked how the property became zoned agricultural if there was a nursing home on it at one time, to which Mr. Vickers responded that a lot of the subject area was undeveloped but that at one time agricultural uses included nursing homes or rehabilitation centers, etc., and that was probably what had occurred, but he had no specific recollection of how the property was originally zoned as agricultural.
With regard to the possible noise problems referred to by Mr. Allured, Mr. Stelly asked if this park would be required to adhere to the Parish’s ordinance regulating noise (disturbing the peace), to which Mr. Vickers stated that he felt it would.
Mr. Allured stated that across the road from the proposed development was a piece of property that contained probably 100 acres of completely vacant land which would be a better location and while he thought development such as what was proposed benefitted the Parish, it should not at the expense of people who had invested in homes. He stated that the same sort of development could be accomplished somewhere else without negatively impacting any homeowners.
Mr. Landry asked if mobile homes could be parked within the proposed development, and Mr. Vickers stated that only RV’s would be permitted.
Mr. Jim Mistretta, the applicant, 1826-A Campfire Road, Moss Bluff, appeared before the Police Jury and advised that he planned to try and attract RV clubs to come in for short stays. He also stated that the project would be done in several phases, with the initial phase being the construction of the convenience store. Mr. Mistretta advised that the existing road had been moved 200' to the west boundary of the property, away from the existing houses, and that what Mr. Allured failed to mention was that he lived one-quarter mile from the property line.
Mr. Mistretta stated that most of the people who lived next to the proposed development did not have any objections to it, and he did plan to put up an eight-foot wooden fence all along the boundary with the subdivision. He assured the jurors that the development would be “first class” with lots of parking, landscaping, attractive RV spots, a restaurant and lounge facing the Calcasieu River, etc.
Mr. Mistretta advised that he did not own the property across the street which Mr. Allured had suggested earlier in the meeting as a location for the proposed development, and the reason he had chosen the location that he had was because it had frontage on the Calcasieu River. Mr. Mistretta stated that a bulkhead would be installed so that people could picnic in the area and that there would be no outside music.
Mr. Manuel asked Mr. Mistretta if he would have a problem planting cane against the front fence, to which Mr. Mistretta responded that there would be a utility easement there which would need to be kept open but that if any owner wanted him to plant cane on their side of the fence, he would.
A vote was taken on the motion on the floor which was to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-006-05 and to grant the request to rezone with the stipulations outlined by said Board, and said motion carried unanimously; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4883
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by James Mistretta to rezone from A-1 (Agricultural) to C-2 (General Commercial), R-MHP (Manufactured Home Park), and C-1 (Light Commercial) to allow a RV park, restaurant/lounge, and convenience store on the property described as: A parcel of land com at the SE cor of S11, T9S, R8W, Calcasieu Parish, Louisiana; thence go E 625.1 feet; thence go N 1,160 feet, m/l, to the southernmost cor of Lot 1 of Felix Maggiore’s Green Acres Subdivision in Lot 4 of S11, T9S, R8W; thence go N 50 degs W a distance of 612 feet, m/l, to the bank of Calcasieu River; thence go Southwesterly along the bank of Calcasieu River, 360 feet m/l to the W line of S11, T9S, R8W; thence go S 1,230 feet m/l to the poc, less and except the following portions thereof; Lots 1 through 10, inclusive, of Green Acres Subdivision No. 3 and A tract com at the NE cor of Lot 10 of Green Acres Subdivision No. 3, thence N 100 feet, thence W 200 feet, thence S 100 feet to the NW cor of Lot 10, thence along the N line of Lot 10 to the poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of March, 2005, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Three of this parish:
From A-1 (Agricultural) to C-2 (General Commercial), R-MHP (Manufactured Home Park), and C-1 (Light Commercial) to allow a RV park, restaurant/lounge, and convenience store with the following stipulations: 1) that the development adhere to the site plan and the letter from Mistretta dated March 4, 2005, on file with the Division of Planning and Development; 2) that all external lighting be oriented inward toward the development or structures to minimize intrusion into surrounding property; 3) that an 8 ft. wood privacy fence be installed along the east and north property line upon completion of the RV park or first phase; 4) that vehicular access be restricted to Hwy 3059 only; 5) that all utilities shall be installed underground; 6) that the lounge shall operate in conjunction with the other amenities (i.e. banquet hall, restaurant, motel, and dance hall) as per the site plan; 7) that a brick fence be installed along the south property line upon completion of the first phase; and 8) that the property lying east of the proposed fence adjoining Pickeral Road as per site plan remain zoned agricultural, on the property described as: A parcel of land com at the SE cor of S11, T9S, R8W, Calcasieu Parish, Louisiana; thence go E 625.1 feet; thence go N 1,160 feet, m/l, to the southernmost cor of Lot 1 of Felix Maggiore’s Green Acres Subdivision in Lot 4 of S11, T9S, R8W; thence go N 50 degs W a distance of 612 feet, m/l, to the bank of Calcasieu River; thence go Southwesterly along the bank of Calcasieu River, 360 feet m/l to the W line of S11, T9S, R8W; thence go S 1,230 feet m/l to the poc, less and except the following portions thereof; Lots 1 through 10, inclusive, of Green Acres Subdivision No. 3 and A tract com at the NE cor of Lot 10 of Green Acres Subdivision No. 3, thence N 100 feet, thence W 200 feet, thence S 100 feet to the NW cor of Lot 10, thence along the N line of Lot 10 to the poc.
Zoning Case RZ03-006-05
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/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Upon motion made by Mr. Danahay, which was duly seconded by Mr. Manuel 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 Richard Laborde to install and maintain 100-feet of bulkhead and fill a 40-feet by 40-feet boathouse with covered deck and 72 linear feet of an 8-feet wide walkway, all for erosion control and private recreational use. The proposed bulkhead is to be located parallel to the mean low water shoreline and proposed structures situated perpendicular thereto and extend approximately 112 feet lakeward. The fill operation is to be located in an area about 98.7-feet long and 100-feet wide and will consist of placing about 17,614 cubic yards of hauled-in earthen material. Project implementation would impact about 0.23 acres of lake bottoms. Said project is located at 303 Shell Beach Drive, Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Richard Laborde relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of the City of Lake Charles.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17th day of March, 2005, that it does hereby indicate no objection to the proposal of Richard Laborde to install and maintain 100-feet of bulkhead and fill a 40-feet by 40-feet boathouse with covered deck and 72 linear feet of an 8-feet wide walkway, all for erosion control and private recreational use. The proposed bulkhead is to be located parallel to the mean low water shoreline and proposed structures situated perpendicular thereto and extend approximately 112 feet lakeward. The fill operation is to be located in an area about 98.7-feet long and 100-feet wide and will consist of placing about 17,614 cubic yards of hauled-in earthen material. Project implementation would impact about 0.23 acres of lake bottoms. Said project is located at 303 Shell Beach Drive, 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.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by Jana King to construct a 58-feet long by 8 feet wide timber pier with attached 16 feet by 17 feet covered deck, 8 feet by 32 feet boat stall and 16 feet by 16 feet fishing deck, all for private recreational use. The proposed structures are to be located within an area approximately 91 feet long by 30 feet wide perpendicular to the existing shoreline and extending lakeward therefrom. Said project is located on Prien Lake, at the address of 4725 Cypress Landing, Lake Charles, Louisiana in Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Jana King 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 17th day of March, 2005, that it does hereby indicate no objection to the proposal of Jana King to construct a 58-feet long by 8 feet wide timber pier with attached 16 feet by 17 feet covered deck, 8 feet by 32 feet boat stall and 16 feet by 16 feet fishing deck, all for private recreational use. The proposed structures are to be located within an area approximately 91 feet long by 30 feet wide perpendicular to the existing shoreline and extending lakeward therefrom. Said project is located on Prien Lake, at the address of 4725 Cypress Landing, Lake Charles, Louisiana in Calcasieu Parish.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
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 by Westport Oil & Gas Company, L.P. to install, operate, and maintain structures and equipment necessary for oil and gas drilling activities for the Alligator Point and West Alligator Prospects. The proposed project also consists of the cleanout of an existing canal in order to allow barge access for the proposed drilling of the two wells. Material from the canal, 11,405 cubic yards, will be propwashed to cleanout 1,814 linear feet of the canal to a depth of -7 feet NGVD. Said project is located in an existing canal off the Sabine River in the Phoenix Lake Oil Field, north 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 Westport Oil & Gas Company, L.P. 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 17th day of March, 2005, that it does hereby indicate no objection to the proposal of Westport Oil & Gas Company, L.P. to install, operate, and maintain structures and equipment necessary for oil and gas drilling activities for the Alligator Point and West Alligator Prospects. The proposed project also consists of the cleanout of an existing canal in order to allow barge access for the proposed drilling of the two wells. Material from the canal, 11,405 cubic yards, will be propwashed to cleanout 1,814 linear feet of the canal to a depth of -7 feet NGVD. Said project is located in an existing canal off the Sabine River in the Phoenix Lake Oil Field, north 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, 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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President McMillin advised that a report would be received at this time from the Planning Staff regarding action taken by the Police Jury on November 18, 2004, with reference to a proposal of Joseph R. Palermo, Jr. for a Corps of Engineers’ permit to clear and grade a 47-acre tract, dredge to construct drainage facilities, and place earthen fill for homesites and driveways, all as necessary to develop a 42-lot single-family residential subdivision located on the northwest corner of the intersection of High Hope Road and Heurtevant Road near Sulphur. President McMillin further advised that the work described within the application was partially completed prior to obtaining a Department of the Army permit and was in violation of Section 301 of the Clean Water Act. (On November 18, 2004, the Planning Staff recommended that the Police Jury object to this project application due to poor drainage and flooding that was occurring in the area, and the Police Jury adopted a resolution of objection relative to this proposal.)
Mr. Vickers advised that following the Police Jury’s action on November 18, 2004, he had met with Mr. Palermo and told him that a study was needed which would examine the impact of the proposed subdivision on drainage in this area. Mr. Vickers further advised that Mr. Palermo had hired Mr. Lee Lancon of Lancon Engineering, Inc. to do an engineering study which upon completion was reviewed by the Parish engineering staff, and some additional information was requested. Mr. Vickers stated that the additional information had been submitted, and the engineering staff had found the study to be acceptable in terms of its recommendations.
Mr. Vickers stated that he, Mr. Tim Conner, Assistant Parish Engineer, and Mr. Lancon had met with some of the residents in the neighborhood in which the subdivision was proposed, to answer questions and offer an opportunity to ask questions relative to drainage, not necessarily in the subdivision but the whole basin.
Mr. Vickers advised that Mr. Lancon had done a very extensive and thorough job and that in order to examine Mr. Palermo’s property, he had to go way beyond the boundaries of said property, and that there were some good recommendations in the study. Mr. Vickers stated that if the recommendations could be implemented, it would enhance the drainage in the area but that it would take a lot of time, effort, and coordination.
Mr. Vickers stated that he was not in a position to make a recommendation on this matter, and he felt the residents needed to be allowed more time to study Mr. Lancon’s report and have their questions answered.
Motion was made by Mr. Andrepont and seconded by Dr. Mackey to receive the report of the staff concerning the drainage study performed by Lancon Engineering, Inc., and further, to recommend that an item be placed on the agenda of the Police Jury’s Regular Meeting on April 21, 2005, calling for reconsideration of the previous action of the Police Jury relative to the request of the Corps of Engineers for comment on this proposed development.
President McMillin asked Mr. Vickers if it was his intent to have the Police Jury see Mr. Lancon’s report at the meeting on this date, to which Mr. Vickers responded that while Mr. Lancon was present and would probably be happy to provide some input, it was not his (Mr. Vickers’) intent to go into it at this time.
Dr. Mackey pointed out that Mr. Lancon would be following up on the study with the residents of the area to be impacted by the proposed subdivision, and Mr. Andrepont stated that was the intent of his motion.
In answer to a question by Mr. Guidry, Mr. Vickers stated that the recommendations in the study would have to be implemented for some of the drainage problems to be alleviated, i.e., rights-of-way would need to be obtained, as well as Corps of Engineers’ permits, but that Mr. Palermo had assured him that he would provide whatever easements that were necessary. Mr. Vickers also pointed out that old drainage culverts would need to be moved and/or cleaned out.
President McMillin stated that since Mr. Lancon and some of the neighborhood residents were present at the meeting on this date, he would like to hear some of the report.
Mr. Andrepont called for a point of order on whether a vote needed to be taken at this time on the motion on the floor. President McMillin ruled that the matter was still under discussion, and a vote would be taken following the discussion.
Mr. Danahay stated that he assumed the motion would allow the residents an opportunity to respond to the report, and President McMillin advised that it was in the public’s best interest to provide dialogue between the engineer who performed the study and the residents who were in attendance. He pointed out that additional meetings would be held prior to April 21st.
President McMillin then asked Mr. Lee Lancon to briefly outline the highlights of his report. Mr. Lancon, 3615 Collette Street, Sulphur, appeared before the Police Jury and stated that Mr. Palermo owned 120 acres at the intersection of High Hope Road and Heurtevant Road, 47 acres of which he planned to develop into the proposed subdivision, with no future plans of development. Mr. Lancon generally explained the evaluations done for the study insofar as pre-development conditions and post-development calculations, noting that his study indicated an increase in water run-off of approximately1.6% and an approximate rise in surface water of 3/8 inch.
Mr. Lancon stated that there were several areas he had further researched at the request of the Parish engineering staff. He advised that the increase in run-off as a result of the project was found to be insignificant in nature and while there was flooding of homes presently occurring in the area, it was not felt that additional homes would be flooded as a result of the proposed subdivision. Mr. Lancon outlined some of the recommendations in the report which he said needed to be done to improve the drainage in the area, such as widening of outfall ditches, upgrade and/or removal of existing culverts, re-sizing of ditches including how much right-of-way would need to be acquired to accomplish same, etc., all of which he said was outlined in detail in his report.
Mr. Lancon advised that Mr. Palermo had agreed to grant any easements needed to accomplish the recommendations contained in the report, and had agreed to widen and offset the sizes of some of the ditches because of fill that would be placed in the flood plain to construct the house pads in the proposed subdivision.
Mr. Lancon concluded by saying that realizing there would be follow-up meetings, Mr. Palermo had made him available at his cost to attend those meetings to basically present the report, explain it to the property owners, and answer any questions, and further, that over the next thirty days, he would be prepared to do that and give a more in-depth presentation.
A vote was taken on the motion on the floor, which was to receive the report of the staff concerning the drainage study performed by Lancon Engineering, and further, to recommend that an item be placed on the agenda of the Police Jury’s Regular Meeting on April 21, 2005, calling for reconsideration of the previous action of the Police Jury relative to the request of the Corps of Engineers for comment on this proposed development, and said motion carried unanimously.
With reference to the foregoing, Mr. Andrepont stated that a resolution had been adopted by the Board of Commissioners of Gravity Drainage District No. Six of Wards Five and Six proposing a joint services agreement with Gravity Drainage District No. Five of Ward Four. Mr. Andrepont further stated that he had discussed this with Mr. Harvey Boyd, President of the Ward Four drainage board, who planned to present this idea at said board’s meeting to ratify an agreement to provide equipment, labor and fuel to enhance the water flow and hopefully stop some of the flooding in the High Hope Road area. Mr. Andrepont also stated that he thought the two districts would take the recommendations contained in Mr. Lancon’s study and first try to figure out which drainage laterals needed to be cleaned first, all of which would help the property owners in the long run.
Upon motion made by Mr. Manuel, which was duly seconded by Mr. Moon and carried unanimously, the following ordinances were adopted:
ORDINANCE NO. 4884
AN ORDINANCE rescinding Ordinance No. 4689, adopted by the Police Jury on February 5, 2004, which declared property described as: N ½ Lot 16 Blk N, D J Reid Sub Plat No 3; (AP03-054-02; Tax Assessment No. 580503); 400 Block of St. Dizier Street-vacant lot in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Ms. Sheila Rusher LaRue for the sum of $450.00 (four hundred fifty dollars) cash.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 17th day of March, 2005, that it does hereby rescind Ordinance No. 4689, adopted by the Police Jury on February 5, 2004, which declared property described as: N ½ Lot 16 Blk N, D J Reid Sub Plat No 3; (AP03-054-02; Tax Assessment No. 580503); 400 Block of St. Dizier Street-vacant lot in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Ms. Sheila Rusher LaRue for the sum of $450.00 (four hundred fifty dollars) cash, due to the failure of Ms. Sheila Rusher LaRue to fulfill the necessary requirements in order to complete the sale of this property.
BE IT FURTHER ORDAINED that all provisions of Ordinance No. 4689 are hereby declared null and void.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER AND FINALLY ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
This ordinance was adopted on the 17th day of March, 2005.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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ORDINANCE NO. 4885
AN ORDINANCE rescinding Ordinance No. 4688, adopted by the Police Jury on February 5, 2004, which declared property described as: Lot in Blk A J L Bilbo Sub of W side of Moss St betw R R Ave and Church Sts 133.2 ft N of NW Cor inters of Church and Moss Sts, th N 100 ft, W 200 ft etc.; (AP03-051-02; Tax Assessment No. 561401); 100 Block of Moss Street-vacant lot in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Ms. Sheila Rusher LaRue for the sum of $900.00 (nine hundred dollars) cash.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 17th day of March, 2005, that it does hereby rescind Ordinance No. 4688, adopted by the Police Jury on February 5, 2004, which declared property described as: Lot in Blk A J L Bilbo Sub of W side of Moss St betw R R Ave and Church Sts 133.2 ft N of NW Cor inters of Church and Moss Sts, th N 100 ft, W 200 ft etc.; (AP03-051-02; Tax Assessment No. 561401); 100 Block of Moss Street-vacant lot in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Ms. Sheila Rusher LaRue for the sum of $900.00 (nine hundred dollars) cash, due to the failure of Ms. Sheila Rusher LaRue to fulfill the necessary requirements in order to complete the sale of this property.
BE IT FURTHER ORDAINED that all provisions of Ordinance No. 4688 are hereby declared null and void.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER AND FINALLY ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
This ordinance was adopted on the 17th day of March, 2005.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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ORDINANCE NO. 4886
WHEREAS, on June 3, 2004, the Calcasieu Parish Police Jury adopted Ordinance No. 4761 which authorized the sale of adjudicated property described as: Lots 13 and 14 Blk 2 Sub of South part of Prater Heirs; (AP03-098-03; Tax Assessment No. 811335); 2400 Block of Dewey Street-vacant lots in Ward Three, Lake Charles, Louisiana, surplus property and which authorized the sale of said lot to Ms. Helen Fay Lemalle, her designated agent, or assignee for the consideration of $5,500.00 (five thousand five hundred dollars) cash; and
WHEREAS, Ms. Helen Fay Lemalle has failed to fulfill the necessary requirements in order to complete the sale of this property; and
WHEREAS, Ms. Linda Fay Love submitted an offer for the property and has agreed to pay the amount of $4,125.00 (four thousand one hundred twenty five dollars); and
WHEREAS, it is the recommendation of the Director of the Division of Planning and Development that given the circumstances outlined heretofore, it is in the best interest of the Parish to accept the offer of Ms. Linda Fay Love in the amount of $4,125.00 (four thousand one hundred twenty five dollars) for the sale of this parcel of adjudicated property, and allow an additional sixty (60) days to close on above described property.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 17th day of March, 2005, that it does hereby amend Ordinance No. 4761 to stipulate that authorization for the sale of property described as: Lots 13 and 14 Blk 2 Sub of South part of Prater Heirs; (AP03-098-03; Tax Assessment No. 811335); 2400 Block of Dewey Street-vacant lots in Ward Three, Lake Charles, Louisiana, to Ms. Helen Fay Lemalle for the consideration of $5,500.00 (five thousand five hundred dollars) cash, due to the failure of Ms. Helen Fay Lemalle to fulfill the necessary requirements in order to complete the sale of this property.
BE IT FURTHER ORDAINED that the authorization for the President of the Police Jury and/or the Director of the Division of Planning and Development to execute an act of cash sale for the above described property is hereby extended for an additional sixty (60) days.
BE IT FURTHER AND FINALLY ORDAINED that all remaining portions of Ordinance No. 4761 shall remain in full force and effect with respect to the sale of the property to Ms. Linda Fay Love instead of Ms. Helen Fay Lemalle.
This ordinance was adopted on the 17th day of March, 2005.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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ORDINANCE NO. 4887
WHEREAS, on December 2, 2004, the Calcasieu Parish Police Jury adopted Ordinance No. 4846 which authorized the sale of adjudicated property described as: Lot 7 Blk 9 George and Swift Sub of Blk 9, 10; (AP03-185-04; Tax Assessment No. 583448); 200 Block of N. First Avenue - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and which authorized the sale of said lot to Mr. Jacob Williams, Jr., his designated agent, or assignee for the consideration of $150.00 (one hundred fifty dollars) cash; and
WHEREAS, Mr. Jacob Williams, Jr. has failed to fulfill the necessary requirements in order to complete the sale of this property; and
WHEREAS, Ms. Patsy Shelton submitted an offer for the property and has agreed to pay the amount of $150.00 (one hundred fifty dollars); and
WHEREAS, it is the recommendation of the Director of the Division of Planning and Development that given the circumstances outlined heretofore, it is in the best interest of the Parish to accept the offer of Ms. Patsy Shelton in the amount of $150.00 (one hundred fifty dollars) for the sale of this parcel of adjudicated property, and allow an additional sixty (60) days to close on above described property.
NOW, THEREFORE,