June 23, 2005

                                                                                    Lake Charles, Louisiana


            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, June 23, 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:

 

Mesdames Mary Kaye Eason, Elizabeth Conway Griffin, and 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: None


            Also present were Mr. S. Mark McMurry, Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Tim Conner, Assistant Parish Engineer; Mr. Richard Gremillion, Director of the Office of Emergency Preparedness and Homeland Security; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Jim Vickers, Director of Planning and Development; and Mr. Allen Wainwright, Public Works Engineer.

 

            President McMillin called the meeting to order. The invocation was pronounced by Mr. Guidry which was followed by the Pledge of Allegiance led by Mr. Stelly. 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.

 

            Motion was made by Mr. Landry, seconded by Dr. Mackey and carried, with Mr. Manuel voting in opposition to said motion, that the following application for a liquor and beer permit be approved:

 

            WARD I

            One Batt, Inc. 

            Larry J. Fontenot - Pres.

KOKOMO’S BAR

242 HWY. 171 North

Lake Charles, LA 70611Beer35.00

            (Calvin Collins’ District)

 

                    Total Remittance                                               35.00

 

* * * * * * * * * * * *

 

            It was moved by Mr. Andrepont, seconded by Mr. Guillory and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated May 19, 2005, and the reading of same was dispensed with.

 

            Upon motion made by Mr. Moon, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolution was 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 Terrell Heard to clear, grade, excavate, and deposit approximately 41,544 cubic yards of native earthen fill and 9,930 cubic yards of hauled-in limestone aggregate fill for construction of the Pecan Acres Subdivision, consisting of 217 home site foundations, access roads, utilities, and other infrastructure associated with project development. Implementation of the proposed action would directly impact approximately 13.7 acres of jurisdictional wetlands. Said project is located off of Pecan Acres Drive, in Lake Charles, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Terrell Heard 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 23rd day of June, 2005, that it does hereby indicate no objection to the proposal of Terrell Heard to clear, grade, excavate, and deposit approximately 41,544 cubic yards of native earthen fill and 9,930 cubic yards of hauled-in limestone aggregate fill for construction of the Pecan Acres Subdivision, consisting of 217 home site foundations, access roads, utilities, and other infrastructure associated with project development. Implementation of the proposed action would directly impact approximately 13.7 acres of jurisdictional wetlands. Said project is located off of Pecan Acres Drive, in Lake Charles, in Calcasieu Parish, Louisiana.


            BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.


            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.


            THUS PASSED AND ADOPTED on the date above inscribed.


* * * * * * * * * * * *


            Motion was made by Mr. Clement, seconded by Dr. Mackey and carried unanimously that the following resolution be 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 Joe Cooper to clear, grub, grade, excavate and place 22,800 cubic yards of on-site earthen material and 3,970 cubic yards of hauled-in clay/limestone material as necessary to construct driveways, house pads, and utilities all to create a new 32 lot single family subdivision. Project implementation would directly impact 9.0 acres of mixed pine savannah/flatwoods wetlands. Said project is located off of White Road approximately one half mile east of Highway 171 and two miles north of the City of Lake Charles, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Joe Cooper 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 23rd day of June, 2005, that it does hereby indicate no objection to the proposal of Joe Cooper to clear, grub, grade, excavate and place 22,800 cubic yards of on-site earthen material and 3,970 cubic yards of hauled-in clay/limestone material as necessary to construct driveways, house pads, and utilities all to create a new 32 lot single family subdivision. Project implementation would directly impact 9.0 acres of mixed pine savannah/flatwoods wetlands. Said project is located off of White Road approximately one half mile east of Highway 171 and two miles north of the City of 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, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.


            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.


            THUS PASSED AND ADOPTED on the date above inscribed.


* * * * * * * * * * * *


            It was moved by Dr. Mackey and seconded by Mr. Stelly to approve the Planning Staff’s recommendation and to adopt a resolution of temporary objection with reference to the following proposed project until the culvert size for the private road was certified by a professional engineer: Proposal of Roland Bailey to clear, dredge, grade, and place approximately 3,130 cubic yards of hauled in earthen fill material and concrete rubble, and dredge approximately 209 cubic yards of native material all to construct a boat slip, pier, boathouse, and a 66 foot wide by 470 foot long private road. Project implementation would directly impact 0.5 acres of tidal marsh wetlands. Said project is located approximately 0.35 miles south of South Perkins Ferry Road along left descending bank of the West Fork of the Calcasieu River in Calcasieu Parish, Louisiana. The work was completed prior to obtaining a Department of the Army Corps of Engineers permit and was in violation of Section 10 of the Rivers and Harbors Act of 1899 and Section 301 of the Clean Water Act.

 

            In answer to a question by Mr. Landry, Mr. Vickers advised that the work had been partially performed, and there were some pre-existing improvements for which a permit had not been received but that the main thing the applicant was currently trying to do was build a private access road into his property. Mr. Vickers further advised that he and Mr. Manuel had visited the site and that Gravity Drainage District No. Eight of Ward One had made Mr. Bailey open the drainage back up. Mr. Vickers stated that the staff needed to make sure that what he was proposing insofar as culvert size for the road was certified by a professional engineer prior to the Police Jury taking action insofar as objection or no objection.

 

            Mr. Landry asked why Mr. Bailey had started work without obtaining a permit, and Mr. Vickers answered that the Corps was making him get a permit for all of the previous work that had been done such as the placement of rip rap, pier, boat slip, and boat house.

 

            Mr. Manuel stated that he had only learned of this project in the last three or four days. He pointed out that it did not involve a drainage lateral, just a slough into which the water flowed through into the Calcasieu River. Mr. Manuel stated that the only problem he had with the work was making sure the size of the culvert was sufficient for water to flow through.

 

            Ms. Mary Anne Widgeon, 367-D South Perkins Ferry Road, Moss Bluff, appeared before the Police Jury in opposition to the project. She stated that she had been a resident of the area under discussion for the past 25 years. Ms. Widgeon advised that Mr. Bailey had access to his camp already and what he was proposing to do was build a road across the swamp or pond. She stated that when he did the unauthorized work, he closed up a pond and that it was now stagnant.

 

            Mrs. Griffin asked for clarification of Ms. Widgeon’s comments, and Mr. Vickers explained that Mr. Bailey did have another access into this piece of property but because the road was not straight, the proposed road would give him an alternate access that would be more direct to his property. Mr. Vickers stated that Mr. Bailey did own the property, but it did go through some pond area which was owned by him, Mrs. Widgeon, and perhaps a couple of other property owners.

 

            Mr. Stelly asked what impact the project would have on the drainage in this area, and Mr. Vickers stated that was what the staff needed to determine, thus the recommendation that the culvert size be certified by a professional engineer.

 

            Mr. Stelly asked if the proposed road had caused a damming effect (prior to the drainage district having it opened back up), and Mr. Vickers stated that it had.

 

            Mrs. Widgeon stated that prior to Mr. Bailey doing the work he had done, the pond had fish, turtles, and ducks and while a motor boat could not get in there, a canoe could. She stated that one-quarter acre of the pond was on her property, and she would like to see the pond restored to its original state. Ms. Widgeon advised that the pond was approximately three acres in size and that when Mr. Bailey built his boat slip, he had taken the dirt and put it on top of the land that separated the river from the pond which in turn blocked up the pond.

 

            Mr. Manuel stated that if the proper size of culverts was used for the proposed private road, it might have the effect of reversing the problems Mrs. Widgeon spoke of concerning the pond.

 

            A vote was taken on the motion on the floor, which was to adopt a resolution of temporary objection with reference to the proposal of Roland Bailey as outlined heretofore, until the culvert size for the private road was certified by a professional engineer, and said motion carried unanimously; whereupon, the following resolution was 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 Roland Bailey to clear, dredge, grade, and place approximately 3,130 cubic yards of hauled in earthen fill material and concrete rubble, and dredge approximately 209 cubic yards of native material all to construct a boat slip, pier, boathouse, and a 66 foot wide by 470 foot long private road. Project implementation would directly impact 0.5 acres of tidal marsh wetlands. Said project is located approximately 0.35 miles south of South Perkins Ferry Road along left descending bank of the West Fork of the Calcasieu River in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Roland Bailey 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 was cause for temporarily objecting to the permit application based on parish ordinances and provisions, and the applicant should provide the proper culvert size certified by a professional engineer.


            NOW THEREFORE,


        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 23rd day of June, 2005, that it does hereby temporarily object to the proposal of Roland Bailey to clear, dredge, grade, and place approximately 3,130 cubic yards of hauled in earthen fill material and concrete rubble, and dredge approximately 209 cubic yards of native material all to construct a boat slip, pier, boathouse, and a 66 foot wide by 470 foot long private road. Project implementation would directly impact 0.5 acres of tidal marsh wetlands. Said project is located approximately 0.35 miles south of South Perkins Ferry Road along left descending bank of the West Fork of the Calcasieu River in Calcasieu Parish, Louisiana.


            BE IT FURTHER RESOLVED that the work was completed prior to obtaining a Department of the Army permit and was in violation of Section 10 of the Rivers and Harbors Act of 1899 and Section 301 of the Clean Water Act. All legal issues concerning the unauthorized work have since been deferred. The temporary objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.


            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.


            THUS PASSED AND ADOPTED on the date above inscribed.


* * * * * * * * * * * *


            Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Collins and carried unanimously, the following resolution was 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 Entergy Gulf States, Inc. to mechanically clear, grub, and grade a 10 feet wide by 4,780 feet long construction right-of-way as necessary to facilitate the installation of an electrical distribution line. Project implementation would impact approximately 1.3 acres of mixed pine and bottomland hardwood wetlands. Said project is located along State Highway 171 between the Towns of Gillis and Ragley, in Calcasieu and Beauregard Parishes, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Entergy Gulf States, Inc. relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and


            WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.


            NOW THEREFORE,


        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 23rd day of June, 2005, that it does hereby indicate no objection to the proposal of Entergy Gulf States, Inc. to mechanically clear, grub, and grade a 10 feet wide by 4,780 feet long construction right-of-way as necessary to facilitate the installation of an electrical distribution line. Project implementation would impact approximately 1.3 acres of mixed pine and bottomland hardwood wetlands. Said project is located along State Highway 171 between the Towns of Gillis and Ragley, in Calcasieu and Beauregard Parishes, Louisiana.


            BE IT FURTHER RESOLVED that the work was partially completed prior to obtaining a Department of the Army permit and was in violation of Section 301 of the Clean Water Act. All legal issues concerning the unauthorized work have been deferred. The no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.


            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.


            THUS PASSED AND ADOPTED on the date above inscribed.


* * * * * * * * * * * *


            Motion was made by Mr. Manuel, seconded by Mr. Stelly and carried unanimously that the following resolution be 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 Peto Sellers to clear, grub and grade a 40.0 acre tract and place approximately 32,910 cubic yards of on-site graded earthen material and 3,270 cubic yards of hauled-in limestone aggregate, all to construct access roads and homesites as necessary to implement a 60 - lot single family residential subdivision. Approximately 15.6 acres of jurisdictional wetlands would be impacted through project construction. Said project is located on the North side of Koonce Road, approximately 0.25 miles east of Old Highway 171, near Moss Bluff, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Peto Sellers 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 23rd day of June, 2005, that it does hereby indicate no objection to the proposal of Peto Sellers to clear, grub and grade a 40.0 acre tract and place approximately 32,910 cubic yards of on-site graded earthen material and 3,270 cubic yards of hauled-in limestone aggregate, all to construct access roads and homesites as necessary to implement a 60 - lot single family residential subdivision. Approximately 15.6 acres of jurisdictional wetlands would be impacted through project construction. Said project is located on the North side of Koonce Road, approximately 0.25 miles east of Old Highway 171, near Moss Bluff, in Calcasieu Parish, Louisiana.


            BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.


            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.


            THUS PASSED AND ADOPTED on the date above inscribed.


* * * * * * * * * * * *


            It was moved by Mrs. Griffin, seconded by Mr. Moon and carried unanimously to adopt the following resolution:

 

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 Burlington Resources Oil & Gas LP, C.H. to perform site restoration that will consist of planting agricultural areas with one-year old seedlings representative of a species assemblage historically common to the hardwood forests of the lower Calcasieu River basin and plugging a drainage canal adjacent to the proposed mitigation bank. Said project is located off Bayou Choupique, approximately 3.9 miles northwesterly from Sulphur, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Burlington Resources Oil & Gas LP, C.H. 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 23rd day of June, 2005, that it does hereby indicate no objection to the proposal of Burlington Resources Oil & Gas LP, C.H. to perform site restoration that will consist of planting agricultural areas with one-year old seedlings representative of a species assemblage historically common to the hardwood forests of the lower Calcasieu River basin and plugging a drainage canal adjacent to the proposed mitigation bank. Said project is located off Bayou Choupique, approximately 3.9 miles northwesterly from Sulphur, in Calcasieu Parish, Louisiana.


            BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers, 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.


* * * * * * * * * * * *


            With reference to the foregoing and in answer to a question by Mr. Clement, Mr. Vickers advised that what probably happened was that work had probably been done without being permitted by the Corps of Engineers, and the company was being required to plant the seedlings to restore the land to its previous habitat.

 

            Motion was made by Mrs. Griffin, seconded by Mr. Moon and carried unanimously that the following resolution be 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 by Mayne & Mertz, Inc. to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. The project involves the construction of a 4,461-foot-long board road and a 350-foot by 350-foot ring levee to support the production of the Lawton 23 Well No. 1. The well will be drilled to a bottom-hole location approximately 2,706 feet southwest of the surface location. Said project is located in wetlands adjacent to the Gulf Intracoastal Waterway (GIWW), north of the GIWW, within an active oil field south of Vinton, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mayne & Mertz, Inc. relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and


            WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.


            NOW THEREFORE,


        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 23rd day of June, 2005, that it does hereby indicate no objection to the proposal of Mayne & Mertz, Inc. to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. The project involves the construction of a 4,461-foot-long board road and a 350-foot by 350-foot ring levee to support the production of the Lawton 23 Well No. 1. The well will be drilled to a bottom-hole location approximately 2,706 feet southwest of the surface location. Said project is located in wetlands adjacent to the Gulf Intracoastal Waterway (GIWW), north of the GIWW, within an active oil field south of Vinton, 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.


* * * * * * * * * * * *

 

            It was moved by Mr. Stelly, seconded by Mr. Danahay and carried unanimously to adopt the following resolution:

 

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 John Sturlese to clear, grub, and grade a 18.6 acre tract and place approximately 14,965 cubic yards of on-site graded earthen material and 3,270 cubic yards of hauled in earth, to construct building foundations, access roads, install public utilities, and provide drainage facilities, all to implement a 30-lot residential subdivision and commercial development. Approximately 6.0 acres of bottomland hardwood wetlands would be impacted through project implementation. Said project is located on the south side of Maplewood Drive, just east of Sylvan Drive, in the City of Sulphur, Louisiana, in Calcasieu Parish; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of John Sturlese 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 Sulphur.


            NOW THEREFORE,


        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of June, 2005, that it does hereby indicate no objection to the proposal of John Sturlese to clear, grub, and grade a 18.6 acre tract and place approximately 14,965 cubic yards of on-site graded earthen material and 3,270 cubic yards of hauled in earth, to construct building foundations, access roads, install public utilities, and provide drainage facilities, all to implement a 30-lot residential subdivision and commercial development. Approximately 6.0 acres of bottomland hardwood wetlands would be impacted through project implementation. Said project is located on the south side of Maplewood Drive, just east of Sylvan Drive, in the City of Sulphur, 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.


* * * * * * * * * * * *


            Upon motion made by Mr. Manuel, which was duly seconded by Mr. Moon and carried unanimously, the following resolution was 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 Duncan Oil, Inc. to dredge and place approximately 833 cubic yards of native material to construct perimeter levees, work area and pit location, all to drill W. P. Carras Well No. 1. Project implementation would impact approximately 0.47 acres of jurisdictional wetlands. Said project is located in Hickory Branch field, approximately 3.0 miles northwesterly from Gillis, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Duncan Oil, Inc. relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and


            WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.


            NOW THEREFORE,


        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 23rd day of June, 2005, that it does hereby indicate no objection to the proposal of Duncan Oil, Inc. to dredge and place approximately 833 cubic yards of native material to construct perimeter levees, work area and pit location, all to drill W. P. Carras Well No. 1. Project implementation would impact approximately 0.47 acres of jurisdictional wetlands. Said project is located in Hickory Branch field, approximately 3.0 miles northwesterly from Gillis, in Calcasieu Parish, Louisiana.


            BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.


            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.


            THUS PASSED AND ADOPTED on the date above inscribed.


* * * * * * * * * * * *


            Motion was made by Mr. Landry, seconded by Dr. Mackey and carried unanimously that the Director of the Division of Planning and Development be authorized to notify owners of the following described properties, in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to show cause at a public hearing on August 4, 2005, or the first regular Police Jury meeting thereafter, as to why structures on the properties as stipulated should not be condemned: 

 

            (1)        300 DOBBERTINE ROAD, southeast Lake Charles area, Lot 36, Dees and Foster Subdivision, Less W 250 Ft, Ward 3, Calcasieu Parish, Louisiana (four (4) manufactured homes located on Lots 9, 10, 15, 33) Owner: Ronald DeWayne Gifford, 109 Baylor Lane, Lake Charles, LA 70607, TA# 00764744 (Police Jury District 7, Mr. Landry);

 

            (2)       2276 HIGHWAY 388, Vinton area, From NE Cor Sec 32.9.11 TH S 19 Deg 25 Min 32 Sec W 595 Ft TH S 19 Deg 27 Min 53 Sec W 552.4 Ft TH S 70 Deg 32 Min 07 Sec E 58 Ft to E R/W Line St Hwy No. 388 For a Pt of Beg TH S 19 Deg 27 Min 53 Sec W 158.4 Ft TH S 70 Deg 32 Min 07 Sec E 319.6 Ft TH N 19 Deg 27 Min 53 Sec E 158.4 Ft TH N 70 Deg 32 Min 07 Sec W 319.6 Ft to Pt of Beg, etc., Ward 7, Calcasieu Parish, Louisiana (one house) Owner: Everett Kibodeaux, c/o Kathy Simon, 1468 School Street, Hackberry, LA 70645, TA# 00247464 (Police Jury District 11, Mrs. Treme);

 

            (3)       759 LONG DRIVE, Moss Bluff area, Com 125 Ft W of SE Cor Lot 4, You Win Subdivision, TH NWLY Parallel to E/L said Lot 4 100 Ft to N/L said Lot, TH W 75 Ft etc., and Beg SE Cor Lot 4, You Win Subdivision, TH W 125 Ft TH NWLY 100 Ft, etc., Ward 1, Calcasieu Parish, Louisiana (one house and shop) Owner: Larry Alfred Battles, 759 Long Drive, Lake Charles, LA 70611, TA# 00001546 (Police Jury District 2, Mr. Collins);

 

            (4)       339 NEELY ROAD, north Westlake area, Lots 5 and 6, M A Neely Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Robert Joseph Owens, et ux, 312 W Sallier Street, Lake Charles, LA 70601, TA# 00142441 (Police Jury District 14, Mr. McMillin);

 

            (5)       1662 THOMPSON ROAD, Moss Bluff area, Lot 4, Cascio Subdivision, No. 2, Ward 1, Calcasieu Parish, Louisiana (one manufactured home) Owner: Paul Henderson, 1662 Thompson Road, Lake Charles, LA 70611, TA# 00014427 (Police Jury District 2, Mr. Collins);

 

            (6)       101 TOUSAINT ROAD, south Lake Charles area, Lot 24, Dees and Foster Subdivision of Sec 30 and 31.10.8 Ward 3, Calcasieu Parish, Louisiana (six (6) manufactured homes located on Lots 60, 79, 89, 97, 108, 113) Owner: Ronald D. and Carolyn Gifford, 109 Baylor Lane, Lake Charles, LA 70607, TA# 00860859 (Police Jury District 7, Mr. Landry);

            (7)       1535 GEORGIA ROAD, Moss Bluff area, Com S/Line of NE NE 33.8.8 107.8 Ft E of SW Cor NE NE TH E 208.7 Ft N 208.7 Ft etc., Ward 1, Calcasieu Parish, Louisiana (one manufactured home) Owner: Rodney E. Browne, 166 Paul Road, Lake Charles, LA 70607, TA#’s 00525693 and 01359840 (Police Jury District 2, Mr. Collins);

 

            (8)       1539 GEORGIA ROAD, Moss Bluff area, Com on W/L NE NE 33.8.8 said Pt being 268.70 Ft N of SW Cor NE NE TH N 190 Ft, E 316.5 Ft etc., 1.37 Acs, Ward 1, Calcasieu Parish, Louisiana (one manufactured home) Owner: Bobby R. Coleman, et ux, 1539 Georgia Road, Lake Charles, LA 70611, TA# 01318576 (Police Jury District 2, Mr. Collins);

 

            (9)       2853 PORTSMOUTH LANE, north Lake Charles area, Lot 31, Scarborough Estates Subdivision, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) 25 percent Owner: Donald Ray Snider, Jr., et ux, 345 Sharon Lane, Lake Charles, LA 70611, TA# 00108588 and 75 percent Owner: David O’Quain, 822 10th Street, Lake Charles, LA 70601, TA# 01363755 (Police Jury District 2, Mr. Collins);

 

            (10)      4459 EDWARDS STREET, Starks area, Com 469 Ft N and 510 Ft W of SE Cor of NW SE 36.8.13 S 25 Ft E 360 Ft etc, Ward 5, Calcasieu Parish, Louisiana (one house) Owner: A. D. Rigmaiden, 5302 Cherry Street, Houston, TX 77026, TA# 00208922 (Police Jury District 11, Mrs. Treme);

 

            (11)      4563 JIM DRAKE ROAD, Starks area, Com 208.7 Ft N of SW Cor of NE 2.9.13 TH E 510 Ft N 75 Ft etc., Ward 5, Calcasieu Parish, Louisiana (one manufactured home) Owner: David Earl Butts, 4563 Jim Drake Road, Sulphur, LA 70661, TA# 01346014 (Police Jury District 11, Mrs. Treme);

 

            (12)      TRUTH STREET, DeQuincy area, Lot 9, Block 8, Sub of E L and L Co LTD of NW NE and of Lots 23, 24, 25 of NE NE of Sec 19 and of Part of Sec 18 S of Gulf Coast RR R/W 7.10, Ward 6, Calcasieu Parish, Louisiana (one house) Owner: Mayboy, Inc., 330 Drew Park Drive, Lake Charles, LA 70601, TA#’s 00227935 and 00227919 (Police Jury District 11, Mrs. Treme).


            It was moved by Mr. Manuel and seconded by Dr. Mackey to approve the proposed budget for the operation of the Southwest Louisiana Crime Laboratory for Fiscal Year 2005-2006, as per the request of Sheriff Tony Mancuso.

 

            In answer to a question by Mrs. Griffin, Mr. McMurry stated that the budget consisted of approximately $1.3 million in revenues, less expenditures of $587,000, for a total fund balance of $740,000. He further stated that he had reviewed the budget, and it was in order.

 

            A vote taken on the motion on the floor carried unanimously.

 

            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Stelly and carried unanimously, the following resolution was adopted:

 

RESOLUTION

 

                        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 23rd day of June, 2005, that it does hereby approve a Joint Services Agreement between the Police Jury and the Calcasieu Parish Tax Assessor’s Office wherein the Parish will provide Geographic Information Systems (GIS) services to assist in the management and utilization of land parcel information in the Tax Assessor’s Office.


            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.


            THUS DONE AND PASSED on the date above inscribed.


* * * * * * * * * * * * 

 

            It was moved by Mr. Stelly, seconded by Mr. Manuel and carried unanimously 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 June, 2005, that it does hereby approve a Joint Services Agreement between the Police Jury and the City of Lake Charles wherein the Parish will provide Geographic Information Systems (GIS) services to the City of Lake Charles in the form of standardized and customized map products.


            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.


            THUS DONE AND PASSED on the date above inscribed.


* * * * * * * * * * * *


            With reference to the foregoing resolutions, and in answer to a question by Mrs. Griffin, Mr. McMurry advised that the Parish would be compensated by the City of Lake Charles and the Tax Assessor services and resources provided by the Parish’s GIS Department.

 

            Motion was made by Mrs. Griffin, seconded by Dr. Mackey and carried unanimously that the following resolution be adopted:

 

RESOLUTION

 

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 23rd day of June, 2005, that it does hereby approve and ratify a two-year contract between the Police Jury and the Louisiana Department of Labor for the period July 1, 2005, to June 30, 2007, in the amount of $1,658,223, to provide workforce investment activities under Title I of the Workforce Investment Act of 1998 (WIA) (Public Law 105-220 - August 7, 1998).


            BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.


            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.


            THUS DONE AND PASSED on the date above inscribed.


* * * * * * * * * * * *

 

            It was moved by Mrs. Griffin, seconded by Dr. Mackey and carried unanimously 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 June, 2005, that it does hereby approve the extension of an Agreement between the Police Jury and the Educational and Treatment Council, Inc. (ETC) for the provision of treatment services for the Juvenile Drug Court Treatment Program to December 31, 2005.


            BE IT FURTHER RESOLVED that should residual funds become available, the Director of the Office of Juvenile Justice Services is authorized to increase the contract amount.


            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.


            THUS DONE AND PASSED on the date above inscribed.


* * * * * * * * * * * *

 

            With reference to the foregoing and prior to the vote being taken to adopt the resolution, Mr. Danahay asked where the funding originated from. Mrs. Martha Parnell, Director of the Office of Juvenile Services (OJJS), explained that it came from the Supreme Court through the Legislature. She further explained that funding in other categories in the current year’s budget had not been expended, and OJJS wanted to provide more treatment services.

 

            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Stelly and carried unanimously, the staff’s recommendation was approved to defer action at this time relative to adopting a resolution approving a contract between the Police Jury and the Safety Council of Southwest Louisiana for the training of members on the Calcasieu Citizen Emergency Response Team, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. (It was noted that funding for this training would be provided from a Citizen Corps Council Grant which was part of the Parish’s Homeland Security funding.)

 

            Motion was made by Mrs. Griffin and seconded by Mr. Moon that the Police Jury approve a request from the City of Lake Charles for Police Jury participation in a United States Department of Agriculture training program to facilitate trade and economic development between the Southwest Louisiana business community and Western and Central African countries.

 

            Mrs. Griffin asked Mr. McMurry for a brief explanation, pointing out that she felt the matter under discussion would be good for the Parish’s economy.

 

            Mr. McMurry explained that the proposal was for the City, Parish, The Chamber/Southwest, the Lake Charles African American Chamber of Commerce, the Port of Lake Charles, and the Southwest Louisiana Economic Development Partnership, to join together and contribute a total of $10,000 to fund the cost of the training program. He further explained that the Parish’s contribution would be $2,000 and that there would be 15 business leaders and trade specialists from Africa who would be attending the training program at the Isle of Capri Hotel on June 27 - 30, 2005.

 

            A vote taken on the motion on the floor carried unanimously.

 

            Upon motion made by Mr. Stelly, which was duly seconded by Mr. Moon and carried unanimously, the President of the Police Jury was authorized to execute the necessary documentation for acquisition of right-of-way from Hebert Estate Properties, Inc. on Red Davis Road in Ward Three (Police Jury District 7, Mr. Landry, and Police Jury District 10, Mr. Stelly).

 

            It was moved by Mr. Manuel, seconded by Mr. Collins and carried unanimously to authorize the President of the Police Jury to execute the necessary documentation for donation of right-of-way from Leonard H. Gayle Family, LLC, Bernice Gayle Lowry Family, LLC, Thomas F. Gayle Family, LLC, Kevin P. Gayle Family, LLC, Joseph L. Gayle Family, LLC, William J. Gayle, II, John L. Gayle, Philip A. Gayle, Jean G. Decell, and William H. Gayle, Jr., for the Park Road Sidewalk Project in Ward One (Police Jury District 1, Mr. Manuel).

 

            With regard to the foregoing, Mr. Manuel thanked Mr. Allen Smith for his assistance in acquiring the donation of this right-of-way.

 

            Motion was made by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that Calcasieu Parish Project No. 2004-04 (Hardsurfacing, Overlaying, and Drainage Improvements of Various Roads) be accepted as substantially complete.

 

            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Manuel and carried unanimously, Calcasieu Parish Project No. 2004-06 (Hardsurfacing of Various Roads) was accepted as substantially complete.

 

            It was moved by Mr. Guidry, seconded by Mr. Manuel and carried unanimously to authorize the Parish Purchasing Agent to advertise for bids for one new one-half ton extended cab (two doors) 4 x 2, for use by the Calcasieu Parish Health Unit.

 

            Motion was made by Mr. Clement, seconded by Mr. Stelly and carried unanimously that the Parish Purchasing Agent be authorized to advertise for bids for video/audio conference equipment for use by the Calcasieu Parish County Agent’s Office.

 

            Upon motion made by Mr. Landry, which was duly seconded by Mrs. Eason and carried unanimously, the Parish Administrator was authorized to advertise for bids for Prien Lake Park Improvements, Phase I-B Buildings and Walking Paths.

 

            Mr. Clement was granted a point of personal privilege to recognize Deputy Dennis Wing of the Calcasieu Parish Sheriff’s Office who was present at the meeting on this date. Mr. Clement stated that Deputy Wing was in charge of the sub-station located at Southland Field in Carlyss.

 

            There being no further business, motion was made by Mrs. Griffin, seconded by Mr. Moon and carried unanimously that the meeting be adjourned.


                                                                                    /s/ Hal McMillin, President



/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary