July 21, 2005
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, July 21, 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, Don Manuel, Cornie Moon, and Tony Stelly
Absent: Charles S. Mackey, D.D.S. (out of town)
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of the Office of Emergency Preparedness and Homeland Security; Mr. Jerry Milner, Director of Finance; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Claude Smart, Parish Engineer; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facility Management; and Mr. Jim Vickers, Director of Planning and Development.
President McMillin called the meeting to order. The invocation was pronounced by Mrs. Treme which was followed by the Pledge of Allegiance led by Mr. Clement. 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 welcomed Mr. Clement, pointing out that he was still recovering from a ruptured appendix.
Mr. McMurry announced that Mr. Vickers had recently married, and the jurors congratulated him on his marriage.
President McMillin stated that one purpose of the meeting was to canvass and tabulate the returns of the special election held July 16, 2005, in Calcasieu Parish, Louisiana.
The Police Jury then proceeded to canvass the returns from the election held in Ward Three Fire Protection District No. Two of Calcasieu Parish, Louisiana, on July 16, 2005, and after receiving the tabulation sheets and results of the voting machines from the election officials of the polling places, the following Proces Verbal was offered by Mrs. Elizabeth Conway Griffin, seconded by Mr. Chris Landry, and adopted by the following vote:
YEAS: Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Mary Kaye Eason, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Mr. Don Manuel, Mr. Cornie Moon, Mr. Tony Stelly and Mrs. Sandra Treme
NAYS: None
ABSENT:Charles S. Mackey, D.D.S.
NOT VOTING:President McMillin
PROCES VERBAL
BE IT KNOWN AND REMEMBERED that on this 21st day of July, 2005, at 5:30 o’clock p.m., in accordance with a resolution adopted April 7, 2005, by the Police Jury of Calcasieu Parish, Louisiana (the “Police Jury”), the governing authority of Calcasieu Parish (the “Parish”) and Ward Three Fire Protection District No. Two (the “District”), and recorded in the records of the Police Jury, being a quorum thereof, met at the regular meeting place of the Police Jury, in the Police Jury Meeting Room located on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, and according to law, received the certified tabulation sheets and results of the voting machines from the Commissioners and Commissioners-in-Charge of the election held in the District on July 16, 2005, in accordance with said resolution and there proceeded to count the ballots to determine the vote on the following proposition:
WARD THREE FIRE PROTECTION DISTRICT NO. TWO
SUMMARY: Authorization to renew a special 11.54-mill tax for ten (10) years for acquiring, constructing, improving, maintaining and operating the District’s fire protection facilities, including paying the cost of obtaining water for fire protection purposes.
PROPOSITION
Shall Ward Three Fire Protection District No. Two of Calcasieu Parish (the “District”) levy a special tax of 11.54 mills on all property subject to taxation in the District for a period of ten (10) years, beginning with the year 2006 and ending with the year 2015, for the purpose of acquiring, constructing, improving, maintaining and operating the District’s fire protection facilities, including paying the cost of obtaining water for fire protection purposes?
The results of said election on said Proposition proved to be as follows:
Number of VotesNumber of Votes
Precinct Polling Place In Favor Of Against
361 Waterworks District No. Five of Ward Three Office 16 12
300 Deshotel Street, Lake Charles
367S St. John Elementary School 50 13
5282 Weaver Road, Lake Charles
368 St. John Elementary School 120 59
5282 Weaver Road, Lake Charles
370 Calcasieu Parish Agricultural Services Center 79 44
7101 Gulf Highway, Lake Charles
371S Calcasieu Parish Agricultural Services Center 102 49
7101 Gulf Highway, Lake Charles
313E (part of) John F. Kennedy Elementary School 0 0
2001 Russell Street, Lake Charles
336 (part of) A. A. Nelson Elementary School 18 13
1001 Country Club Road, Lake Charles
338 (part of) Forrest K. White Middle School 0 0
1000 E. McNeese Street, Lake Charles
339 (part of) Dolby Elementary School 0 0
817 Jefferson Drive, Lake Charles
360 (part of) Ward Three Fire Protection District No. Two Fire Station27 24
3088 Old Town Road, Lake Charles
362 (part of) Prien Lake Park Pavilion 52 50
3700 Prien Lake Road, Lake Charles
363 (part of) Prien Lake Park Pavilion 49 19
3700 Prien Lake Road, Lake Charles
364 (part of) Fairview Elementary School 64 37
3955 Highway 14, Lake Charles
365 (part of) St. John Elementary School 35 24
5282 Weaver Road, Lake Charles
366 (part of) Prien Lake Park Pavilion 29 18
3700 Prien Lake Road, Lake Charles
367N (part of)St. John Elementary School 155 64
5282 Weaver Road, Lake Charles
369 (part of) M. J. Kaufman Elementary School 56 43
301 Tekel Road, Lake Charles
371N (part of) Calcasieu Parish Agricultural Services Center 23 20
7101 Gulf Highway, Lake Charles
Absentee Votes 28 9
TOTAL 903 498
It was, therefore, ascertained that the majority of the electors qualified to vote under the Constitution and laws of the State of Louisiana and the Constitution and Laws of the United States, voting at said election in the District, on the foregoing proposition, was in favor of the Proposition.
On this 21st day of July, 2005, at the regular meeting place of the Police Jury of Calcasieu Parish, Louisiana, we did examine and canvass the returns received from the Commissioners and Commissioners-in-Charge of said election according to law, and our finding was that the returns indicated a majority in favor of the Proposition.
Total Votes in Favor of the Proposition - 903
Total Votes Against the Proposition - 498
Therefore, we declared that the result of said election is in favor of the Proposition, as stated above.
In accordance with law, a resolution promulgating the aforesaid results was adopted, and the Parish Secretary was ordered to have a copy of said resolution signed by the President of the Police Jury of Calcasieu Parish, Louisiana, and to have said resolution and this Proces Verbal published in the “Lake Charles American Press”, a newspaper published and having general circulation in Calcasieu Parish, Louisiana, and being the official journal of Calcasieu Parish, Louisiana.
We did, likewise, order that one copy of this Proces Verbal be sent to the Secretary of State to be recorded in the archives of the State of Louisiana, and that one copy be sent to the Clerk of the District Court of the Parish of Calcasieu, Louisiana, to be recorded in the archives of said Parish, and that one copy be filed in the archives of the Police Jury of Calcasieu Parish, Louisiana.
THUS DONE AND SIGNED in the presence of Kathy P. Smith and Alicia R. Sittig, competent witnesses and qualified electors of the Parish of Calcasieu, State of Louisiana, on this 21st day of July, 2005, at the regular meeting place of the Police Jury of Calcasieu Parish, Louisiana, the Police Jury Meeting Room located on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, present and participating in the canvass of said election.
/s/ Francis Andrepont /s/ Brent Clement
Francis Andrepont Brent Clement
/s/ Calvin Collins /s/ Mike Danahay
Calvin Collins Mike Danahay
/s/ Mary Kaye Eason /s/ Elizabeth Conway Griffin
Mary Kaye Eason Elizabeth Griffin
/s/ Kevin Guidry /s/ Tony Guillory
Kevin Guidry Tony Guillory
/s/ Chris Landry
Chris Landry Charles S. Mackey, D.D.S.
/s/ Don Manuel /s/ Cornie Moon
Don Manuel Cornie Moon
/s/ Tony Stelly /s/ Sandra Treme
Tony Stelly Sandra Treme
WITNESSES: APPROVED:
/s/ Alicia R. Sittig
Alicia R. Sittig /s/ Hal McMillin
Hal McMillin, President
/s/ Kathy P. Smith
Kathy P. Smith
* * * * * * * * * * * *
The following resolution was thereupon introduced in written form, was read, and pursuant to motion made by Mrs. Elizabeth Conway Griffin, seconded by Mr. Chris Landry, was adopted by the following vote:
YEAS: Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Mary Kaye Eason, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Mr. Don Manuel, Mr. Cornie Moon, Mr. Tony Stelly and Mrs. Sandra Treme
NAYS: None
ABSENT:Charles S. Mackey, D.D.S.
NOT VOTING:President McMillin
The resolution was signed by the President, attested by the Parish Secretary, and reads as follows:
RESOLUTION
PROMULGATING THE RESULTS OF A SPECIAL ELECTION HELD IN WARD THREE FIRE PROTECTION DISTRICT NO. TWO
OF CALCASIEU PARISH, LOUISIANA
WHEREAS, on the 16th day of July, 2005, an election was held in Ward Three Fire Protection District No. Two of Calcasieu Parish, Louisiana, to determine the Proposition hereinafter set out; and
WHEREAS, said election was held, and the returns thereof were canvassed by the Police Jury of Calcasieu Parish, Louisiana, serving as the governing authority of the Parish of Calcasieu (the “Parish”) and Ward Three Fire Protection District No. Two (the “District”) on July 21, 2005, according to law and as set out in the notice duly published as provided by law in the “Lake Charles American Press”, a newspaper published in Lake Charles, Louisiana, and the results of said election were declared to be in favor of the Proposition.
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of Calcasieu Parish, Louisiana, the governing authority of Calcasieu Parish and Ward Three Fire Protection District No. Two of Calcasieu Parish, Louisiana, as follows:
Section 1. That an election was held in the District on July 16, 2005, to determine the Proposition hereinafter set out; that said election was duly and properly called by the Police Jury of Calcasieu Parish, Louisiana, by resolution adopted April 7, 2005; that notice of said election, embracing all matters required by law to be contained therein, was given by publication in the “Lake Charles American Press”, a newspaper published in Lake Charles, Louisiana, and of general circulation in Calcasieu Parish, in accordance with law; that the Police Jury of Calcasieu Parish, Louisiana, did in said resolution designate the polling places of said election and provide for the holding of an election through the use of voting machines and other necessary equipment; that the Registrar of Voters of Calcasieu Parish, Louisiana, furnished to the election Commissioners and Commissioners-in-Charge lists of citizens entitled to vote at said election; that all qualified electors of the District, under the Constitution and laws of the State of Louisiana and the Constitution and laws of the United States, were entitled to vote at said election; that voting was not restricted to taxpaying electors; that the printed ballot in the voting machines was in the form provided by law; that the officials who served in said election were duly and properly appointed in accordance with law, and that the places of absent Commissioners and Commissioners-in-Charge were properly filled in accordance with law; that before opening the polls, the Commissioners and Commissioners-in-Charge were properly sworn in accordance with law; that the polls at said voting places, on the day of the election, were opened at 6:00 a.m. and remained open until no later than 8:00 p.m.; that the votes were properly counted and tallied and the necessary records were delivered to the Police Jury of Calcasieu Parish, Louisiana, and to the Clerk of the District Court of the Parish of Calcasieu, Louisiana, as required by law; that all things required by law to be done in connection with the holding of said election were properly and duly performed in the manner and form required by Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950 (R.S.
18:1281-18:1295).
Section 2. That in said election, the following Proposition was approved by a majority of the qualified electors of the District, voting in said election:
WARD THREE FIRE PROTECTION DISTRICT NO. TWO
SUMMARY: Authorization to renew a special 11.54-mill tax for ten (10) years for acquiring, constructing, improving, maintaining and operating the District’s fire protection facilities, including paying the cost of obtaining water for fire protection purposes.
PROPOSITION
Shall Ward Three Fire Protection District No. Two of Calcasieu Parish (the “District”) levy a special tax of 11.54 mills on all property subject to taxation in the District for a period of ten (10) years, beginning with the year 2006 and ending with the year 2015, for the purpose of acquiring, constructing, improving, maintaining and operating the District’s fire protection facilities, including paying the cost of obtaining water for fire protection purposes?
Section 3. That the results of said election shall be promulgated by the Parish Secretary by the publication of this resolution of promulgation and Proces Verbal one time in the “Lake Charles American Press”, a newspaper published in Lake Charles, Louisiana, and having general circulation throughout Calcasieu Parish, Louisiana.
Section 4. That all ordinances and resolutions or parts thereof in conflict herewith be and they are hereby repealed.
And the Resolution was declared adopted on this 21st day of July, 2005.
ATTEST:
/s/ S. Mark McMurry, Administrator & /s/ Hal McMillin, President
Ex-Officio Secretary
* * * * * * * * * * * *
Mr. Steven Broussard, Southwest Regional Director of the Louisiana Department of Economic Development, appeared before the Police Jury at this time with reference to an incentive and loan program offered by said Department. Mr. Broussard distributed a brochure which outlined various programs offered and asked the jurors to notify him and his office if any business needed assistance. He explained that the department worked with chambers of commerce and economic development groups in the five-parish region, emphasizing that he did presentations to local Kiwanis and Rotary clubs relative to incentives available to businesses, many of which were not aware such incentives existed.
Mr. Andrepont pointed out that Calcasieu Parish manufactured many products which were shipped to the northern states and then back to the Parish, and he asked if there were any efforts being made to encourage large industries to locate in southwest Louisiana to support the manufacture of raw materials or products.
Mr. Broussard stated that the Department was working on this issue, pointing out that the purpose of the Department’s quality jobs program was to attract industries’ headquarters back to Louisiana from Houston where they had moved, and some incentives to accomplish that had been passed by the Legislature.
It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously to ratify the issuance of the following special events permits:
Type C permit to allow sale of alcoholic beverages for the special event:
HIGH GEAR RODEO
TUFF HEDEMAN LOUISIANA SHOOTOUT (Bull riding performance)
August 19 & 20, 2005
Burton Memorial Coliseum
7001 Gulf Highway
Lake Charles, LA 70607
(Chris Landry’s District)
Type A permit for non-profit organization to allow the sale of alcoholic beverages for the special event:
THE MCNEESE COWBOY CLUB, INC.
TEXAS HOLD ‘EM POKER TOURNAMENT
August 24, 25 & 26, 2005
Burton Memorial Coliseum
7001 Gulf Highway
Lake Charles, LA 70607
(Chris Landry’s District)
THE MCNEESE COWBOY CLUB, INC.
TEXAS HOLD ‘EM POKER TOURNAMENT
August 27 & 28, 2005
Burton Memorial Coliseum
7001 Gulf Highway
Lake Charles, LA 70607
(Chris Landry’s District)
* * * * * * * * * * * *
Upon motion made by Mr. Moon, which was duly seconded by Mr. Stelly and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated June 23, 2005, were approved, and the reading of same was dispensed with.
President McMillin advised that action was needed on road abandonment case RA03-002-05 which was a request by Shop Rite, Inc. to abandon the north 100 feet of Bertha Street in Ward Three, Police Jury District 8 (Mrs. Eason’s district). He further advised that the Planning and Zoning Board had met on Tuesday, July 19, 2005, and voted unanimously to recommend that the request be granted.
Motion was made by Mr. Manuel, seconded by Mr. Moon and carried unanimously that the Planning and Zoning Board’s recommendation be upheld with respect to RA03-002-05 and that the request to abandon be granted; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of July, 2005 that it does hereby abandon the road right-of-way for the North 100 feet of Bertha Street in Ward Three of Calcasieu Parish, Louisiana, as requested by Shop Rite, Inc. and recommended by the Calcasieu Parish Planning and Zoning Board, on the property described as:
Com at the NE corner of Lot 11 of Knight Subdivision as per plat recorded in plat book 10 page 37; thence E 40 feet; S 100.06 feet; etc to the poc.
RA03-002-05
BE IT FURTHER AND FINALLY RESOLVED that the above public road right-of-way set forth above is hereby declared officially abandoned with one-half of said abandoned road right-of-way reverting to the abutting property owners as prescribed by law.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
President McMillin advised that action was needed on zoning case RZ03-022-05 which was a request by Stanley G. Trahan, Jr. to rezone from I-1 (Light Industrial) to R-M (Multi-Family Residential) to allow multi-family residential development (22 duplexes) on East Gauthier Road in Ward Three, Police Jury District 7 (Mr. Landry’s district). He further advised that the Planning and Zoning Board had met on Tuesday, July 19, 2005, and deferred action for thirty days.
It was moved by Mrs. Griffin, seconded by Mr. Stelly and carried unanimously to defer action for thirty days on RZ03-022-05.
President McMillin advised that action was needed on zoning case RZ07-021-05 which was a request by Brenda Croker to rezone from I-1 (Light Industrial) to A-1 (Agricultural) to allow residential development (manufactured home) at 5570 Mott Road in Ward Seven, Police Jury District 12 (Mr. Clement’s district). President McMillin further advised that the Planning and Zoning Board had met on Tuesday, July 19, 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; and (2) that the manufactured home must be skirted within thirty days of zoning approval.
Motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ07-021-05 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4941
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Brenda Croker to rezone from I-1 (Light Industrial) to A-1 (Agricultural) to allow residential development (manufactured home) on the property described as: Com at a point being N 4 degs 00’ 12” East 1057.86 feet of the center of Section 31, T10S, R12W; thence S 89 degs 44’ 08” West parallel to the S line of the NE/4 of the SE/4 of the NW/4 of said Section 31, a distance of 547.28 feet; thence N 0 degs 38’ 43” W 201.35 feet; thence S 88 degs 54’ 24” E 562.8 feet to the center line of Section 31; thence S 4 degs 00’ 12” W along the center line of Section 31 a distance of 188.42 feet to the poc, together with all improvements, containing 2.48 acres, m/l, subject to a road right-of-way along the E side thereof.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of July, 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 Seven of this parish:
From I-1 (Light Industrial) to A-1 (Agricultural) to allow residential development (manufactured home) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that the manufactured home must be skirted within 30 days of zoning approval, on the property described as: Com at a point being N 4 degs 00’ 12” East 1057.86 feet of the center of Section 31, T10S, R12W; thence S 89 degs 44’ 08” West parallel to the S line of the NE/4 of the SE/4 of the NW/4 of said Section 31, a distance of 547.28 feet; thence N 0 degs 38’ 43” W 201.35 feet; thence S 88 degs 54’ 24” E 562.8 feet to the center line of Section 31; thence S 4 degs 00’ 12” W along the center line of Section 31 a distance of 188.42 feet to the poc, together with all improvements, containing 2.48 acres, m/l, subject to a road right-of-way along the E side thereof.
Zoning Case RZ07-021-05
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
* * * * * * * * * * * *
President McMillin advised that appropriate action was needed on amending the Code of Ordinances of Calcasieu Parish, Louisiana, with reference to off-premises outdoor advertising signs as follows: (underlined portion denotes additions to current text) no off-premises signs shall be located parallel to Interstate 10 in Sections 3 and 4, Township 11 South, Range 13 West, and Sections 34, 35, and 36, Township 10 South, Range 13 West, and parallel to Interstate 210 in Sections 9, 10, 15, and 16, Township 10 South, Range 9 West, Calcasieu Parish, Louisiana, other than those currently permitted by the state and parish, which may not be replaced.
President McMillin further advised that the Planning and Zoning Board had met on Tuesday, July 19, 2005, and voted unanimously to recommend that the Code be amended as stated above.
Motion was made by Mrs. Eason and seconded by Mr. Moon to uphold the recommendation of the Planning and Zoning Board and to amend the Code of Ordinances as previously outlined.
In answer to a question by Mrs. Eason, Mr. Vickers explained that the original language in the Code of Ordinances was intended for the area from the Toomey community to the Texas state line. Mr. Stelly asked what landmarks were in the vicinity of the proposed prohibition, and Mr. Vickers stated that this amendment would address the recent Rabbit Island issue and would prevent someone from wanting to put up a billboard on said island or any other small island that might be in that particular area which was predominantly water.
A vote taken on the motion on the floor carried unanimously; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4942
AN ORDINANCE amending Chapter 6 – Buildings, Article IV. Off-Premises Outdoor Advertising Signs, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 21st day of July, 2005, that it does hereby amend Chapter 6 – Buildings, Article IV. Off-Premises Outdoor Advertising Signs, Section 6-94. Prohibited signs and locations, of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:
SECTION I. Chapter 6, Article IV, Sec. 6-94 (c) is amended in its entirety to read as follows:
(c) No off-premises signs shall be located parallel to Interstate 10 in Sections 3 and 4, Township 11 South, Range 13 West, and Sections 34, 35 and 36, Township 10 South, Range 13 West, and parallel to Interstate 210 in Sections 9, 10, 15 and 16, Township 10 South, Range 9 West, Calcasieu Parish, Louisiana, other than those currently permitted by the state and parish, which may not be replaced.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 21st day of July, 2005.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Parish Administrator &
Ex-Officio Parish Secretary
* * * * * * * * * * * *
Upon motion made by Mr. Manuel, which was duly seconded by Mr. Landry 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 Goldsmith Farms to clear a 7.68 acre area, deposit and grade approximately 6,200 cubic yards of native earthen material and 930 cubic yards of limestone aggregate as necessary to construct a 20-lot residential subdivision and access roads. Project implementation would directly impact approximately 1.05 acres of jurisdictional wetlands. Said project is located along Campfire Road, approximately 4 miles northeasterly of Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Goldsmith Farms 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 the21st day of July, 2005, that it does hereby indicate no objection to the proposal of Goldsmith Farms to clear a 7.68 acre area, deposit and grade approximately 6,200 cubic yards of native earthen material and 930 cubic yards of limestone aggregate as necessary to construct a 20-lot residential subdivision and access roads. Project implementation would directly impact approximately 1.05 acres of jurisdictional wetlands. Said project is located along Campfire Road, approximately 4 miles northeasterly 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 Mrs. Treme, seconded by Mr. Collins 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 21st day of July, 2005, that it does hereby authorize the Director of Planning and Development to negotiate a fee for a Brokers Opinion on adjudicated property wherein multiple tracts of property are included under one tax assessment number.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by Mrs. Treme and seconded by Mr. Landry to adopt an ordinance repealing Ordinance No. 4938 which was adopted by the Police Jury on July 7, 2005, levying the maintenance tax millages for 2005, as submitted by the Parish Tax Assessor, due to an error in one of the millages, and further, to levy the correct maintenance tax millages for 2005, as submitted by the Parish Tax Assessor.
President McMillin asked if there was anyone present in the audience to address the Police Jury with respect to levying of the various maintenance tax millages as listed on the agenda, and there were no comments.
In answer to a question by Mr. Landry regarding the necessity of repealing Ordinance No. 4938, Mr. McMurry explained that the only change in the new levies was the millage for Juvenile Detention Maintenance. He explained that the election for renewal of said tax in the amount of 3.47 mills was held in the Spring of 2004, but that amount had not been adjusted in accordance with the reassessment of property in the Parish, and because Ordinance No. 4938 had contained all of the various millages, the staff felt it would be more clear to repeal it and adopt a new ordinance to correct the amount of the juvenile detention maintenance tax millage.
A vote taken on the motion on the floor carried unanimously, and the following ordinance was adopted:
ORDINANCE NO. 4943
WHEREAS, Ordinance No. 4938 was adopted by the Police Jury on July 7, 2005, levying various ad valorem tax millages (maintenance tax millages) for 2005; and
WHEREAS, subsequent to adoption of Ordinance No. 4938, an error was detected in one of the millages listed in said ordinance.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of July, 2005, that it does hereby repeal Ordinance No. 4938 which was adopted by the Police Jury on July 7, 2005, and further, does hereby levy the following corrected ad valorem tax millages (maintenance tax millages) for 2005:
Courthouse and Jail Maintenance 3.46 mills
Criminal Justice System Maintenance 3.16 mills
Mosquito Control Maintenance 2.41 mills
Airport District No. One Maintenance .61 mill
Burton Coliseum & Agricultural Services Maintenance 1.44 mills
Health Unit Maintenance 2.37 mills
Juvenile Detention Maintenance 3.34 mills
Road and Drainage Maintenance 3.88 mills
Ward Three Fire Protection District No. Two Maintenance 12.60 mills
Waterworks District No. Five of Wards Three and Eight Maintenance 6.38 mills
Library Maintenance 5.73 mills
THUS DONE AND PASSED by the following vote:
YEAS: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, Don Manuel, Cornie Moon, and Tony Stelly
NAYS: None
ABSENT: Charles S. Mackey, D.D.S.
NOT VOTING: President McMillin
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Upon motion made by Mr. Moon, which was duly seconded by Mr. Manuel 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 21st day of July, 2005, that it does hereby approve an agreement between the Police Jury, Office of Juvenile Justice Services, and the Calcasieu Parish School Board to provide a clerk for the Truancy Assessment and Service Center, with associated costs to be paid through funding from Louisiana State University, Office of Social Service Research and Development.
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.
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With reference to the foregoing resolution, Mrs. Griffin pointed out that a recent newspaper article had made reference to Mrs. Martha Parnell, Director of the Office of Juvenile Justice Services, having attended a State conference, and to Mrs. Parnell’s belief that Calcasieu Parish was ahead of its time in that the State was just now implementing programs the Parish had already implemented. Mrs. Griffin stated that the people of the Parish should be made aware of how aggressively the Police Jury was helping juveniles who were confronted with so much these days, and she appreciated all of the efforts of the Office of Juvenile Justice Services.
Motion was made by Mr. Clement and seconded by Mr. Stelly that a resolution be adopted authorizing the Division of Engineering and Public Works to send a letter to the Louisiana Department of Transportation and Development requesting that consideration be given in order of the priority shown to various railroad crossings within Calcasieu Parish for the installation of signal devices under the Highway Safety Funding Program 203.
In answer to a question by Mr. Clement, Mr. Smart advised that this action was taken by the Police Jury on an annual basis, and it was a priority list for federal monies that came available so the State would know which crossings were highest in priority for the Parish. Mr. Clement asked if the prioritization took into account the number of traffic accidents at a particular crossing, and Mr. Smart stated that it did.
President McMillin reported that notification had been received from Union Pacific Railroad indicating that signalization of the Highway 108 crossing would occur in early September. He asked if the crossing could be opened to the public before the end of 2005, and Mr. Smart stated that the Parish would have to do additional work such as tying in the asphalt on the north side of the crossing, piping in the ditch, etc., which could either be change ordered into an existing project or another contract entered into for such purpose.
A vote taken on the motion on the floor carried; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21st day of July, 2005, that it does hereby submit to the State of Louisiana, Department of Transportation and Development, the following updated priority rating of railroad crossings within Calcasieu Parish for the installation of signal devices under Highway Safety Funding Program 203: