August 18, 2005

                                                                                    Lake Charles, Louisiana


            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, August 18, 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 Mary Kaye Eason and Elizabeth Conway Griffin


            Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude D. 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. Jim Vickers, Director of Planning and Development; and Mr. Gerry Trahan, Director of Facilities Management.

 

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

 

            Mr. Andrepont and President McMillin presented a plaque to Mr. John Dixon for his years of service to the West Calcasieu Port Harbor and Terminal District. Mr. Andrepont stated that Mr. Dixon had served as a member of the Board of Commissioners and then as Director of the Port since July of 1975.

 

            Mr. Dixon thanked the members of the Police Jury for the years they had worked with West Calcasieu in getting the port built. He stated that it had been a pleasure and that he had enjoyed his years of service to the District.

 

            At this time, checks were presented to the following public entities, said checks representing the third consecutive year of revenue sharing by the Police Jury from the 2004 Delta Downs Slots Proceeds:

 

City of DeQuincy – $250,000 accepted by Mayor Jerry Bell and City Councilman Lawrence Henagan

 

Town of Iowa – $200,000 accepted by Mayor Margo Racca

 

City of Sulphur – $300,000 accepted by Mayor Ron LeLeux and City Councilman Chris Duncan

 

Town of Vinton – $400,000 ($250,000-Proceeds, $150,000-Impact Adjustment) accepted by Mayor David Riggins


            Mr. Clement pointed out that Mayor Riggins had recently been elected as President of the Louisiana Municipal Association.

 

            Motion was made by Mr. Moon, seconded by Mr. Danahay and carried unanimously that the issuance of the following special events permits be ratified:

 

            Type C permit to allow alcoholic beverages for the special events:

 

            SECOND ANNUAL END OF SUMMER BIKER BASH

            September 16, 17,18, 2005

            4200 Luke Powers Road, Lake Charles, LA 70615

            (Calvin Collins District)


            DREWERY MOTORSPORTS

            October 7, 8, 2005

            7001 Gulf Hwy., Lake Charles, LA 70607

            (Chris Landry’s District)

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

 

            It was moved by Mr. Guillory, seconded by Mr. Moon and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated July 21, 2005.

 

            President McMillin advised that no 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). President McMillin explained that the Planning and Zoning Board had met on Tuesday, July 19, 2005, and deferred action for thirty days, and the Police Jury had met on Thursday, July 21, 2005, and deferred action for thirty days; however, subsequent to said meeting, the applicant asked that his request be deferred indefinitely, therefore, no action was necessary. President McMillin noted that a Ms. Phyllis Holifield had signed a “request to appear” form relative to this zoning case but since there was no action necessary, no comments would be received.

 

            President McMillin advised that action was needed on SA01-001-05 which was a request by J and P Development, LLC, for subdivision plat abandonment of Country Squire Subdivision for redevelopment off of You Winn 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, August 16, 2005, and voted unanimously to recommend that the request be granted.

 

            Motion was made by Mr. Andrepont, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with reference to SA01-001-05 and that the request 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 18th day of August, 2005, that it does hereby abandon the following subdivision plat in Ward One of Calcasieu Parish, Louisiana, as requested by J and P Land Development, LLC, and recommended by the Calcasieu Parish Planning and Zoning Board, more particularly described as follows:

 

        Country Squire Subdivision, a subdivision of Lots 9, Alice Hawkins Subdivision of the SE/4 of S33, T8S, R8W, as per plat recorded in Plat Book 2, page 115 of the records of Calcasieu Parish.


            SA01-001-05


            THUS PASSED AND ADOPTED on the date above inscribed.


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

 

        President McMillin advised that action was needed on Zoning Case RZ01-023-05 which was a request by J and P Development, LLC, to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision on You Winn 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, August 16, 2005, and voted unanimously to recommend that the request be granted. He noted that subsequent to the agenda having been sent out on Friday, August 12, 2005, an error had been discovered in that said agenda had indicated the change in zoning was from R-2 (Mixed Residential) to R-1 (Single Family Residential), and it should have read from A-1 (Agricultural) to R-1 (Single Family Residential).

 

            It was moved by Mr. Danahay, seconded by Mr. Stelly and carried unanimously to uphold the recommendation of the Planning and Zoning Board and to grant the request to rezone; whereupon, the following ordinance was adopted:

 

ORDINANCE NO. 4957

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by J and P Land Development, LLC to rezone from R-2 (Mixed Residential) to R-1 (Single Family Residential) to allow a residential subdivision on the property described as: Lot 9 of Alice Hawkins Subdivision of the SE/4 of S33, T8S, R8W, Louisiana Meridian.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of August, 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 R-1 (Single Family Residential) to allow a residential subdivision on the property described as: Lot 9 of Alice Hawkins Subdivision of the SE/4 of S33, T8S, R8W, Louisiana Meridian.


Zoning Case RZ01-023-05


            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 action was needed on Zoning Case RZ04-024-05 which was a request by Houma Dollar Partners, LLC, to rezone from A-1 (Agricultural) and C-1 (Light Commercial) to C-2 (General Commercial) and A-1 (Agricultural) to allow retail establishments and a residential subdivision on Highway 27 North in Ward Four, Police Jury District 14 (President McMillin’s district). He further advised that the Planning and Zoning Board had met on Tuesday, August 16, 2005, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that all required parking spaces and driveways must be hardsurfaced (asphalt or concrete) prior to opening of the business; (2) that the dumpster must be placed behind the building with a privacy fence enclosure prior to the opening of the business; (3) that the sale of alcohol beverages are prohibited; (4) that a 25-foot natural buffer must be preserved along the north property line for a distance of 200 feet; and (5) that the development must adhere to the revised site plan on file with the Division of Planning and Development.

 

            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Manuel and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to RZ04-024-05, and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

 

ORDINANCE NO. 4958

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Houma Dollar Partners, LLC to rezone from A-1 (Agricultural) and C-1 (Light Commercial) to C-2 (General Commercial) and A-1 (Agricultural) to allow retail establishments and a residential subdivision on the property described as: Commercial: Com 1,713 feet West and 257.6 feet N 06 degs 30' E of the SE cor of S11, T9S, R10W, and run thence W 64.07 feet, m/l, to the E line of present State Hwy. No. 27 for a pob; Thence N 12 degs 10' 06" E 325.25 feet, m/l, thence E 198.23 Feet, m/l, thence S 317.94 feet, m/l, thence W 266.79 feet, m/l to the pob. Residential: Com 1,713 feet W and 257.6 feet N 06 degs 30' E of the SE cor of S11, T9S, R10W, thence E 202.72 feet, m/l, for a pob; Thence continue E 513.28 feet, m/l, thence Northerly along the Houston River Canal 318.16 feet, m/l, thence W 501.51 feet, m/l, thence S 317.94 feet, m/l to the pob


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of August, 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) and C-1 (Light Commercial) to C-2 (General Commercial) and A-1 (Agricultural) to allow retail establishments and a residential subdivision with the following stipulations: 1) that all required parking spaces and driveways must be hardsurfaced (asphalt or concrete) prior to opening of the business; 2) that the dumpster must be placed behind the building with a privacy fence enclosure prior to the opening of the business; 3) that the sale of alcohol beverages are prohibited; 4) that a 25 foot natural buffer must be preserved along the north property line for a distance of 200 feet; and 5) that the development must adhere to the revised site plan on file with the Division of Planning and Development; on the property described as: Commercial: Com 1,713 feet West and 257.6 feet N 06 degs 30' E of the SE cor of S11, T9S, R10W, and run thence W 64.07 feet, m/l, to the E line of present State Hwy. No. 27 for a pob; Thence N 12 degs 10' 06" E 325.25 feet, m/l, thence E 198.23 Feet, m/l, thence S 317.94 feet, m/l, thence W 266.79 feet, m/l to the pob. Residential: Com 1,713 feet W and 257.6 feet N 06 degs 30' E of the SE cor of S11, T9S, R10W, thence E 202.72 feet, m/l, for a pob; Thence continue E 513.28 feet, m/l, thence Northerly along the Houston River Canal 318.16 feet, m/l, thence W 501.51 feet, m/l, thence S 317.94 feet, m/l to the pob.

 

Zoning Case RZ04-024-05


            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 action was needed on Zoning Case RZ01-025-05 which was a request by David Reeves to rezone from R-2 (Mixed Residential) to I-1 (Light Industrial) to allow a sewer installation business at 954 White 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, August 16, 2005, and voted six (for) to three (against) 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 a thirty-foot natural buffer be continued on the south and west property lines; (3) that the use be limited to a storage yard only; (4) that all vehicles and equipment for the business must be parked within the confines of the storage yard; and (5) that if the business ceases, the property reverts to its original R-2 (Mixed Residential) zoning.

 

            Motion was made by Mr. Manuel, seconded by Mr. Stelly and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-025-05 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

 

ORDINANCE NO. 4959

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by David Reeves to rezone from R-2 (Mixed Residential) to I-1 (Light Industrial) to allow a sewer installation business on the property described as: Tract of land in the W/2 of NE/4 of SE/4 of S4, T9S, R8W, La. Mer., Com at the NE cor of land sold to John T. Reeves by John G. Roberts; thence N 204 feet; thence N 81 degs 27 minutes W 701 feet to the W line of W/2 NE/4 SE/4 said Section 4; South 204 feet; S 81 degs 27 minutes E 701 feet to the poc.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18th day of August, 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 I-1 (Light Industrial) to allow a sewer installation business with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning of Development; 2) that a thirty (30) foot natural buffer be continued on the south and west property lines; 3) that the use be limited to a storage yard only; 4) that all vehicles and equipment for the business must be parked within the confines of the storage yard; and 5) that if business ceases, the property reverts to its orginal R-2 (Mixed Residential) zoning, on the property described as: Tract of land in the W/2 of NE/4 of SE/4 of S4, T9S, R8W, La. Mer., Com at the NE cor of land sold to John T. Reeves by John G. Roberts; thence N 204 feet; thence N 81 degs 27 minutes W 701 feet to the W line of W/2 NE/4 SE/4 said Section 4; South 204 feet; S 81 degs 27 minutes E 701 feet to the poc.

 

Zoning Case RZ01-025-05


            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 the Planning and Zoning Board had met on Tuesday, August 16, 2005, and voted unanimously to recommend that action be deferred for thirty days on amending the Code of Ordinances of Calcasieu Parish, Louisiana, with reference to the subdivision regulations.

 

            It was moved by Dr. Mackey, seconded by Mr. Stelly and carried unanimously to uphold the recommendation of the Planning and Zoning Board and to defer action for thirty days on amending the Code of Ordinances of Calcasieu Parish, Louisiana, with reference to the subdivision regulations.

 

            Motion was made by Mr. Andrepont and seconded by Mr. Moon that an ordinance be adopted repealing Ordinance No. 4762 which allowed Mr. Charles Tillman Woods to purchase property (AP03-125-03, corner of Lyons and Gieffers streets in Ward Three, Lake Charles, Louisiana, com at SW Cor Blk 16, Nix Add E 50 ft N 125 ft etc., assessment no. 609536) due to a lack of proper notification to the tax debtor prior to the property’s adjudication to the Parish, and further, that the sale be declared null and void and the purchaser’s deposit be reimbursed.

 

            In answer to a question by Mr. Clement, Mr. Vickers explained that a lot of legal work was needed on the title to this property, pointing out that it had been sold at a Sheriff’s sale in 1991 but it had previously been sold in 1990 by the Internal Revenue Service (IRS) which invalidated the sale by the Sheriff in 1991. Mr. Vickers further explained that the person(s) who purchased it from the IRS should have been notified of the adjudicated property sale, instead of the person(s) who bought it at the Sheriff’s sale. Mr. Vickers stated that the property contained commercial improvements.

 

            A vote taken on the motion on the floor carried unanimously, and the following ordinance was adopted as a result thereof:

 

ORDINANCE NO. 4960

 

AN ORDINANCE rescinding Ordinance No. 4762, adopted by the Police Jury on June 3, 2004, which declared property described as: Com at SW Cor Blk 16, Nix Add E 50 ft N 125 ft etc; (AP03-125-03; Tax Assessment No. 609536); Corner of Lyons and Gieffers in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Mr. Charles Tillman Woods for the sum of $6,500.00 (six thousand five hundred dollars) cash.


        BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of August, 2005, that it does hereby rescind Ordinance No. 4762, adopted by the Police Jury on June 3, 2004, which declared property described as: Com at SW Cor Blk 16, Nix Add E 50 ft N 125 ft etc; (AP03-125-03; Tax Assessment No. 609536); Corner of Lyons and Gieffers in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Mr. Charles Tillman Woods for the sum of $6,500.00 (six thousand five hundred dollars) cash, due to the lack of proper notification to the tax debtor prior to the property’s adjudication to the Parish.


            BE IT FURTHER ORDAINED that all provisions of Ordinance No. 4762 are hereby declared null and void, and the Division of Planning and Development is authorized to reimburse the purchaser’s deposit. 

 

            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 18th day of August, 2005.

      

                                                                                    /s/ Hal McMillin, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

 

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


            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Collins 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 Timothy R. Van Cleve for clearing, grading, and dredging operations on a 3.75 acre tract and place 3,361 cubic yards of on-site graded/dredged earthen material in addition to 504 cubic yards of hauled-in aggregate fill, all to construct a single family residence, barn, and pond. Approximately 13,180 cubic yards of excess excavated material would be hauled and deposited at on offsite location. Project implementation would impact approximately 0.8 acres of wetlands. Said project is located on a vacant lot on Arsene LeBleu Road, Lake Charles, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Timothy R. Van Cleve 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 18th day of August, 2005, that it does hereby indicate no objection to the proposal of Timothy R. Van Cleve for clearing, grading, and dredging operations on a 3.75 acre tract and place 3,361 cubic yards of on-site graded/dredged earthen material in addition to 504 cubic yards of hauled-in aggregate fill, all to construct a single family residence, barn, and pond. Approximately 13,180 cubic yards of excess excavated material would be hauled and deposited at on offsite location. Project implementation would impact approximately 0.8 acres of wetlands. Said project is located on a vacant lot on Arsene LeBleu Road, 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.


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


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 Mr. Charles Vincent to dredge and deposit approximately 5,200 cubic yards of excavated material to construct 2,090 linear feet of impoundment levees as required to create two aquaculture ponds 750 feet long by 128 feet wide. The footprint of the proposed ponds would utilize an existing drained pond area. Project implementation would impact approximately 0.91 acres of fresh marsh wetlands. Said project is located at 7556 Sam Vincent Road, near Sulphur, in Calcasieu Parish, and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Charles Vincent 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 18th day of August, 2005, that it does hereby indicate no objection to the proposal of Mr. Charles Vincent to dredge and deposit approximately 5,200 cubic yards of excavated material to construct 2,090 linear feet of impoundment levees as required to create two aquaculture ponds 750 feet long by 128 feet wide. The footprint of the proposed ponds would utilize an existing drained pond area. Project implementation would impact approximately 0.91 acres of fresh marsh wetlands. Said project is located at 7556 Sam Vincent Road, near Sulphur, in Calcasieu Parish, and


            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.


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


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 Craig Hebert to construct a 24 feet by 40 feet covered boat house for private recreational use. The proposed structure is to be located at the terminal end of an existing 8 feet wide by 24 feet long wharf tethered by a 10 feet long walkway and perpendicular to the existing shoreline, the outer edge of boat house to extend approximately 58 feet channel ward therefrom. Said project is located along the south bank of English Bayou near the Calcasieu River, at 2443 Ory Road, in Lake Charles, Louisiana, in Calcasieu Parish; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Craig Hebert 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 18th day of August, 2005, that it does hereby indicate no objection to the proposal of Craig Hebert to construct a 24 feet by 40 feet covered boat house for private recreational use. The proposed structure is to be located at the terminal end of an existing 8 feet wide by 24 feet long wharf tethered by a 10 feet long walkway and perpendicular to the existing shoreline, the outer edge of boat house to extend approximately 58 feet channel ward therefrom. Said project is located along the south bank of English Bayou near the Calcasieu River, at 2443 Ory Road, in 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.


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


            It was moved by Mr. Moon, seconded by Mr. Stelly and carried unanimously to adopt a resolution approving a Partnership Agreement between the Police Jury and the U. S. Marine Corps League for the 2005 Calcasieu Parish Toys for Tots Campaign wherein the Police Jury would provide a $5,000.00 grant, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

 

            Mrs. Sandy Mason, Special Projects Coordinator, appeared before the Police Jury and thanked the members for their continued support of the Toys for Tots Program. She advised that the program this year would also include Cameron and Beauregard parishes, as well as the children of the soldiers in Iraq and those who would be going to war.

 

            Mr. John Lamar, commander of the West-Cal Al Worley Detachment 1157, Marine Corps League, appeared before the Police Jury and introduced Ms. Kay Brister, Ms. Lorraine Hewitt, and Sargent at Arms Bill Gant, who would all be working very closely with the Toys for Tots Program. Mr. Lamar also introduced Sargent Major Justin who expressed his appreciation to the Jury and pledged the support and assistance of the U. S. Marine Corps.

 

            A vote taken on the motion on the floor carried unanimously; whereupon, the following resolution was adopted:

 

RESOLUTION

 

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of August, 2005, that it does hereby approve a Partnership Agreement between the Police Jury and the U. S. Marine Corps League for the 2005 Calcasieu Parish Toys for Tots Campaign wherein the Policy Jury will provide a $5,000.00 grant.


        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.


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


            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Guidry 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 18th day of August, 2005, that it does hereby approve amending the structure of the Board of Trustees of the Calcasieu Parish Public Trust Authority to:

 

1)change the appointment currently designated as a representative of the NAACP to an at-large Police Jury appointment of a minority individual, and

2)change the appointment of a representative of the savings and loans industry to a banking institution appointment.


            THUS DONE AND PASSED on the date above inscribed.


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

 

            With reference to the foregoing resolution, it was noted that a letter was received from the local chapter of the NAACP requesting that they be removed as the formal nominating agency for a seat on the Public Trust. With regard to the financial institution seat, it was noted that there were no longer any active savings and loan institutions in the Parish.

            It was moved by Mr. Moon, 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 18th day of August, 2005, that it does hereby approve amending the existing policy with regard to appointment of members to boards from nomination by outside agencies to stipulate that three nominations be required only when filling vacancies, unless in cases where guidelines of state or federal programs would conflict.

 

THUS DONE AND PASSED on the date above inscribed.


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

 

            Motion was made by Dr. Mackey, seconded by Mr. Danahay and carried unanimously that Prien Lake Park Improvements, Phase 1A, Parking and Drives, be accepted as substantially complete.

 

            Upon motion made by Mr. Collins, which was duly seconded by Mr. Manuel and carried unanimously, Calcasieu Parish Project No. 2005-09 (Road Striping of Various Roads) was accepted as substantially complete.

            It was moved by Mr. Landry and seconded by Mr. Clement that Calcasieu Parish Project No. 2005-07 (Additions to Intracoastal Park) be accepted as substantially complete.

 

            Mr. Clement stated that the improvements were beautiful, and he was glad it was complete. He asked if a fee schedule had been established for use of the pavilion and what the anticipated time frame was for opening the pavilion for public use.

 

            Mr. Allen Wainwright, Public Works Engineer, stated that the staff was evaluating what the fee should be and that it would ultimately be approved by the Police Jury. He further stated that the pavilion would hopefully be ready for rental by the 1st of October, 2005.

 

            Mr. Andrepont stated that a lot of people had called him not knowing who to call for rental of Parish park pavilions and asked that this information be outlined at this time for the record.

 

            Mr. Wainwright responded that all rentals were handled by the Parish engineering office on the fourth floor of the Parish Government Building and that the public could call 721-3700. He stated that the information was also posted on the Parish’s website at www.cppj.net.

 

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

 

            Motion was made by Mr. Manuel, seconded by Mr. Moon and carried unanimously that the staff’s recommendation be approved with reference to bids scheduled to be received on August 10, 2005, by the Parish Purchasing Agent for one 2006 one-half ton quad doors 4 x 2 extended cab pickup truck, for use by the Calcasieu Parish Health Unit, and further, that the staff be authorized to re-advertise due to the fact that no bids were received.

 

            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Manuel and carried unanimously, the Parish Administrator was authorized to advertise for bids for exterior surface and masonry cleaning, repair, refinishing, and waterproofing of Central Library located on Ernest Street in Lake Charles.

 

            It was moved by Dr. Mackey and seconded by Mr. Manuel to authorize the Parish Administrator to advertise for bids for the construction of a fishing pier and the installation of erosion control matting to restore the shoreline at Calcasieu Point Landing.

 

            Mr. Landry asked if there had been any discussion about building a fishing pier or extending the current pier at Lorrain Bridge. Mr. Wainwright advised that a small pier did exist on one side of the boat launch and that there was not a problem in including that in the budget for fiscal year 2006 if that was the desire of the Police Jury.

 

            In answer to a question by Mr. Stelly, Mr. Wainwright advised that mats for the boat launch at Lorrain Bridge had been budgeted for in 2006.

 

            President McMillin pointed out that Calcasieu Point Landing was beautiful and one of the most frequently asked questions he received was whether or not people were allowed to fish off of the bank at this location. He stated that there were lots of fish being caught off the pier at Calcasieu Point Landing.

 

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

 

            Upon motion made by Mr. Manuel, which was duly seconded by Mr. Collins and carried unanimously, the rules were suspended by a two-thirds majority vote, and the following resolution was adopted:

 

RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of August, 2005, that it does hereby approve the submittal of a request to the Louisiana Department of Labor for the purpose of transferring up to 20% of its Workforce Investment Act Dislocated Worker Funds to Adult Funds for Program Year 2005 and Fiscal Year 2006.


        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 noted that the transfer referred to in the above resolution would be used to maintain current program services to the adult participants and operation services. It was further noted that the Calcasieu Parish Consortium Local Workforce Area had received its federal funding for Program Year 2005 and Fiscal Year 2006 to operate the Workforce Investment Act Adult, Dislocated Worker, and Youth programs and that this year’s funds were cut significantly over previous years. It was also noted that due to these significant cuts, the program had ceased enrolling new participants in training and had cut program activities and operation services.)


            It was moved by Mr. Andrepont, seconded by Mr. Clement and carried unanimously to suspend the rules by a two-thirds majority vote to adopt the following resolution:

 

RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18th day of August, 2005, that it does hereby approve the submittal of a request to the Louisiana Department of Labor for additional funds in the amount of up to $500,000 to cover the short fall in funding for the Workforce Investment Act Adult Program.


            THUS DONE AND PASSED on the date above inscribed.


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


            (It was noted that the additional funds referred to in the above resolution would be used to restore services to the adult participants and cover program operation cost. It was further noted that the Calcasieu Parish Consortium Local Workforce Area had received its federal funding for Program Year 2005 and Fiscal Year 2006 to operate the Workforce Investment Act Adult, Dislocated Worker, and Youth programs. It was also noted that this year’s funds had been cut significantly over previous years and that due to these significant cuts, the program had ceased enrolling new participants in training and had cut program activities and operation services.)


            Motion was made by Mr. Andrepont, seconded by Mr. Stelly and carried unanimously that the rules be suspended by a two-thirds majority vote to go into executive session to discuss Lawsuit No. 2005-3765 (Frederick vs. Police Jury).

 

            Following the executive session, the Police Jury reconvened in regular session, and motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously to approve the report given by legal counsel during the executive session.

 

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

  

/s/ Hal McMillin, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary