September 1, 2005
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, September 1, 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; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Ed McGuire of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Jerry Milner, Director of Finance; Mr. Claude D. Smart, Parish Engineer; 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 Mrs. Griffin which was followed by the Pledge of Allegiance led by Mr. Danahay. The roll was called with the result being as outlined above.
President McMillin welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.
President McMillin advised that no action was necessary with reference to receipt and opening of bids for 2004/2005 CDBG Mossville Sewer Extensions, and for Mossville Sewer Pump Stations, as advertised in accordance with law for action to be taken at 5:30 p.m. on this date, due to the fact that an addendum on both projects was issued by the Engineer within 72 hours of the scheduled bid opening which would necessitate a delay in opening of the bids until September 22, 2005.
Mr. Stelly presented a plaque to Mr. David Robinson for his service as a member of the Board of Commissioners of Community Center and Playground District No. Seven of Ward Two. Mr. Stelly stated that it had been a pleasure working with Mr. Robinson on development of the Bell City Recreation Complex, pointing out that Mr. Robinson had put in countless hours on said project.
Mr. Robinson expressed his appreciation for the plaque and stated that it had been his privilege to work with everyone in his community. He further stated that he hoped he had made at least a small difference in improving the quality of life in Ward Two.
President McMillin stated that the next item on the agenda was the appearance of Mr. Jeff Rippel, Director of the Calcasieu Parish Library System, with reference to Library Card Sign Up Month-Smartest Card; however, Mr. Rippel had requested that this item be deferred until the next Regular Meeting of the Police Jury on September 22, 2005.
President McMillin advised that no action was necessary on applications for liquor and beer permits, due to the fact that no applications had been submitted.
Upon motion made by Mr. Guillory, which was duly seconded by Dr. Mackey and carried unanimously, the payment of all current invoices was approved.
It was moved by Mr. Manuel, seconded by Mr. Moon and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated August 4, 2005.
Motion was made by Mr. Stelly, seconded by Mrs. Griffin and carried unanimously that the Agenda Committee Report dated August 25, 2005, be approved as follows:
AGENDA COMMITTEE REPORT
August 25, 2005
A meeting of the Agenda Committee was held on Thursday, August 25, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Tony Stelly presiding, and the following members present:
Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth C. Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mrs. Mary Kaye Eason, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornie Moon, and Mrs. Sandra J. Treme
Absent: None
Also present were Mr. Bryan Beam, Mrs. Coleen Clark, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.
Chairman Stelly advised that the purpose of the meeting on this date was to review the proposed agenda for the regular meeting of the Police Jury to be held on September 1, 2005.
Following review of the items to be considered by the Police Jury on September 1st, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.
Also, recommendations for appointments to various boards of special service districts were made by members of the Committee.
There being no further business, Chairman Stelly declared the meeting to be adjourned.
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Upon motion made by Mr. Manuel, which was duly seconded by Dr. Mackey and carried unanimously, the Public Works Committee Report dated August 25, 2005 was approved as follows:
PUBLIC WORKS COMMITTEE REPORT
August 25, 2005
______________________________________
A meeting of the Public Works Committee was held on Thursday, August 25, 2005, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Sandra J. “Sandy” Treme, Chairman, presiding and the following members present:
Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Mary Kaye Eason, Mrs. Elizabeth C. Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, President Hal McMillin, Mr. Cornie Moon, and Mr. Tony Stelly
Absent: None
Also present were Mr. Bryan Beam, Mrs. Coleen Clark, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jimmy Vickers.
Said Committee:
1. Recommended approval of SV06-001-05 which is a request by Howard and Pamela Smith for a subdivision variance to allow residential development without public road frontage off of Latiolais Lane in Ward Six. (Police Jury District 11, Mrs. Treme)
[The Planning and Zoning Board met on Tuesday, August 16, 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 homes must be skirted prior to utilities being connected.]
2. Recommended that a resolution be adopted accepting Deep Woods Estates Part 4.5 located in Section 26, Township 10 South, Range 9 West located off of Ham Reid Road in Ward Three. (Police Jury District 8, Mrs. Eason)
3. Recommended that a resolution be adopted accepting Lake Caroline Subdivision located in Section 26, Township 9 South, Range 8 West, off of Goodman Road in Ward Three. (Police Jury District 2, Mr. Collins)
NOTE: On January 22, 2004, the Police Jury adopted a resolution authorizing the Director of Planning and Development and the Calcasieu Parish Clerk of Court to file the Lake Caroline Subdivision Plat of Survey located off of Goodman Road in Ward Three in Section 26, Township 9 South, Range 8 West, Calcasieu Parish, Louisiana, as requested by Mr. Robert Davis. At that time, the recording of the survey did not mean that the Police Jury and/or Planning and Zoning Board, or anyone acting on their behalf, had accepted and/or approved the streets, roads or drainage system or any facilities in the subject survey.
4. Recommended that an ordinance be adopted and/or existing ordinance(s) be amended to establish a speed limit of 25 mph on Brady Joseph Lane located in Ward Two. (Police Jury District 10, Mr. Stelly)
5. Recommended that a resolution be adopted approving a contract between the Police Jury and Pedersen and Pedersen Auctions, Inc. for said company’s duties related to a Parish auction of surplus items on Saturday, September 24, 2005, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.
6. Recommended that a Joint Services Agreement be entered into between the Police Jury and Waterworks District No. Seven of Wards Four and Six to replace 700 feet of a 2-inch water line which leads into Holbrook Park with either a 4-inch or 6-inch line which will be determined by the Water District, and further, authorizing the President of the Police Jury, or his designee, to execute all documents related thereto.
NOTE: The Police Jury will furnish the labor and equipment needed to trench and backfill the new water line, and Waterworks District No. Seven of Wards Four and Six will furnish the appropriate pipe and materials needed for the project and will be responsible for the installation of the new water lines.
7. Recommended that Calcasieu Parish Project No. 2005-01 (Overlaying of Various Roads) be accepted as substantially complete.
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It was moved by Mr. Manuel, seconded by Dr. Mackey and carried unanimously that all recommendations of the Public Works Committee as outlined heretofore be approved; whereupon, the following resolutions and ordinance were adopted:
RESOLUTION
WHEREAS, Randolph Reid, subdivided certain property in Ward Three of Calcasieu Parish, Louisiana, known as Deep Woods Estates Part 4.5, a subdivision in Section 26, Township 10 South, Range 9 West, Calcasieu Parish, Louisiana; and
WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana; and
WHEREAS, said subdivision plat was prepared by James Richard Webb, Registered Land Surveyor No. 04582-L, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and
WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on August 11, 2005, and will bear File No. 2730845.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 1st day of September, 2005, that it does hereby officially accept the plat of Deep Woods Estates Part 4.5 in Ward Three of Calcasieu Parish, Louisiana, located within said subdivision, for future maintenance by the Parish.
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RESOLUTION
WHEREAS, Lake Woodland Partners, L.P. subdivided certain property in Ward Three of Calcasieu Parish, Louisiana, known as Lake Caroline Subdivision, a subdivision in Section 26, Township 9 South, Range 8 West, Calcasieu Parish, Louisiana; and
WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana; and
WHEREAS, said subdivision plat was prepared by Donald R. Hayes, Registered Land Surveyor No. 4743, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and
WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on September 6, 2005, and will bear File No. 2733715.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 1st day of September, 2005, that it does hereby officially accept the plat of Lake Caroline Subdivision in Ward Three of Calcasieu Parish, Louisiana, including Lake Caroline Drive, Jumping Jack Lane, Queen Carter Court, Robert’s Roost Drive, and Princess Anne Court located within said subdivision, for future maintenance by the Parish.
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ORDINANCE NO. 4961
AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a 25 mph speed limit on Brady Joseph Lane in Ward Two of Calcasieu Parish.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:
SECTION I. Sec. 17-64, Twenty-five miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:
Brady Joseph Lane in Ward 2
BE IT FURTHER ORDAINED that effective immediately, no vehicle shall travel in excess of the maximum speed limit established above.
BE IT FURTHER ORDAINED that appropriate signs shall be posted along the road set forth above, at reasonable intervals, to warn the operators of vehicles of the speed limit herein imposed.
BE IT FURTHER ORDAINED that anyone violating the provisions of this ordinance, upon conviction, shall be fined as provided in Section 1-9 of the Code of Ordinances of Calcasieu Parish, Louisiana.
BE IT FURTHER AND FINALLY 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.
This ordinance was adopted on the 1st day of September, 2005.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 1st day of September, 2005, that it does hereby approve a contract between the Police Jury and Pedersen and Pedersen Auctions, Inc. for said company’s duties related to a Parish auction of surplus items on Saturday, September 24, 2005.
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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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 1st day of September, 2005, that it does hereby approve a Joint Services Agreement between the Police Jury and Waterworks District No. Seven of Wards Four and Six to replace 700 feet of a 2-inch water line which leads into Holbrook Park with either a 4-inch or 6-inch line, the size of which will be determined by the Water District.
BE IT FURTHER RESOLVED that the Police Jury will furnish the labor and equipment needed to trench and backfill the new water line, and Waterworks District No. Seven of Wards Four and Six will furnish the appropriate pipe and materials needed for the project and will be responsible for the installation of the new water lines.
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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Upon motion made by Mrs. Griffin, 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 H. Curtis Vincent to clear, grub, and grade a 13.6 acre area to construct a 9.42 acre borrow pit for commercial purposes. The excavation of approximately 313,428 cubic yards of native clays and silts is expected from the operation of the borrow pit. Project implementation would impact approximately 6.8 acres of jurisdictional wetlands. Said project is located south of U.S. Highway 90, near Sulphur, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of H. Curtis 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 1st day of September, 2005, that it does hereby indicate no objection to the proposal of H. Curtis Vincent to clear, grub, and grade a 13.6 acre area to construct a 9.42 acre borrow pit for commercial purposes. The excavation of approximately 313,428 cubic yards of native clays and silts is expected from the operation of the borrow pit. Project implementation would impact approximately 6.8 acres of jurisdictional wetlands. Said project is located south of U.S. Highway 90, near 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 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.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Howard E. Rodenberry to dredge a 30 feet long by 2.5 feet wide by 3.5 feet deep ditch with 2 feet wide sloped sides to connect an existing slough to Bayou Choupique and improve property drainage. Approximately 25 cubic yards of native material to be dredged and spread on property over an area 80 feet in length and 90 feet in width. Project implementation would impact approximately 0.2 acres of jurisdictional wetlands. Said project is located along Bayou Choupique at 4932 La Paix Drive in Sulphur (Carlyss), in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Howard E. Rodenberry 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 1st day of September, 2005, that it does hereby indicate no objection to the proposal of Howard E. Rodenberry to dredge a 30 feet long by 2.5 feet wide by 3.5 feet deep ditch with 2 feet wide sloped sides to connect an existing slough to Bayou Choupique and improve property drainage. Approximately 25 cubic yards of native material to be dredged and spread on property over an area 80 feet in length and 90 feet in width. Project implementation would impact approximately 0.2 acres of jurisdictional wetlands. Said project is located along Bayou Choupique at 4932 La Paix Drive in Sulphur, (Carlyss) 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.
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Motion was made by Mr. Moon, seconded by Mrs. Griffin and carried unanimously that the recommendations of the Director of the Division of Planning and Development be approved with reference to the Surplus Adjudicated Property Sale conducted on August 23, 2005, on the following cases, and that ordinances be adopted as applicable:
AP03-240-05 (508 King Street) (Police Jury District 4, Mr. Guillory)
The Director of the Division of Planning and Development recommended that the highest offer in the amount of $14,000.00 by Mr. Murphy James Bellard be accepted.
AP07-234-05 (Old Highway 90 and I-10 - 4 tracts) (Police Jury District 12, Mr. Clement)
The Director of the Division of Planning and Development recommended that the highest offer in the amount of $9,900.00 by Ms. Malena Pearson be accepted.
AP07-238-05 (Nibletts Bluff Road) (Police Jury District 12, Mr. Clement)
No action necessary at this time, due to the fact that the Division of Engineering and Public Works asked that any action be deferred.
AP08-239-05 (Eli Road) (Police Jury District 10, Mr. Stelly)
No bids were received; therefore, the Director of the Division of Planning and Development recommended that this property be re-advertised in September.
As a result of passage of the foregoing motion, the following ordinances were adopted:
ORDINANCE NO. 4962
AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 80 ft N and 365.5 ft E of SW Cor Lot 14 Eddy and Horridge Sub, th N 50 ft E 110 ft (114.68 ft) to W/L of 5 ft strip dedicated for King St th Sely along W line said 5 ft strip 50 ft th W 116.74 ft M/L to pt of com; (AP03-240-05; Tax Assessment No. 861715); 508 King Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said property to Mr. Murphy James Bellard, his designated agent, or assignee for the consideration of $14,000.00 (fourteen thousand dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $325.00 ($250 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: Com 80 ft N and 365.5 ft E of SW Cor Lot 14 Eddy and Horridge Sub, th N 50 ft E 110 ft (114.68 ft) to W/L of 5 ft strip dedicated for King St th Sely along W line said 5 ft strip 50 ft th W 116.74 ft M/L to pt of com; (AP03-240-05; Tax Assessment No. 861715); 508 King Street in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and
WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and
WHEREAS, a request has been received by the Division of Planning & Development from Mr. Murphy James Bellard, to purchase said property for the consideration of $14,000.00 (fourteen thousand dollars) cash, at the time of sale; and
WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and
WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Mr. Murphy James Bellard, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 1st day of September, 2005, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: Com 80 ft N and 365.5 ft E of SW Cor Lot 14 Eddy and Horridge Sub, th N 50 ft E 110 ft (114.68 ft) to W/L of 5 ft strip dedicated for King St th Sely along W line said 5 ft strip 50 ft th W 116.74 ft M/L to pt of com; (AP03-240-05; Tax Assessment No. 861715); 508 King Street in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.
Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Murphy James Bellard, his designated agent, or assignee for and in consideration of $14,000.00 (fourteen thousand dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:
A) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the Adjudicated Property Section has been provided a Mortgage and Conveyance Certificate or an equivalent by an abstract company doing business in Calcasieu Parish certifying that an examination of the mortgage and conveyance records of the Clerk of Court of Calcasieu Parish was made to obtain the names and last known addresses of all owners, mortgagees, and other persons who might have vested or contingent interests in the property, or who have filed requests for notice as provided for in LSA-R.S. 47:2261, and a list of those names and addresses is attached to the certification. The written certification shall contain an indemnification and hold harmless clause by the purchaser in favor of the Parish of Calcasieu, its officers, agents and employees if the purchase should fail to request notification to an interested party or should incorrectly identify or locate any interested party.
B) Purchaser has made written request to the Adjudicated Property Section of the Division of Planning & Development to notify those persons identified above in accordance with LSA-R.S. 33:4720.17 and LSA-R.S. 47:2261 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication requested.
C) Upon written request from the Adjudicated Property Section of the Division of Planning and Development, the Purchaser shall remit 25% of the purchase price as earnest money to be held in escrow by the Calcasieu Parish Police Jury for application to the purchase price at closing, or to be retained by it in the event Purchaser fails to complete the purchase.
D) The Adjudicated Property Section of the Division of Planning & Development has provided purchaser with proof of notice, and purchaser has recorded same in the conveyance records of Calcasieu Parish and has provided the Adjudicated Property Section of the Division of Planning & Development a stamped copy of the recorded proof of notice.
E) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the number of days required by LSA-R.S. 33:4720.17 has elapsed since the above required notice was made or attempted and that the property has not been redeemed by the payment of the taxes owed.
F) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.
Section 3. If purchaser should fail to complete the requirements of Section 2 A) and B) within sixty (60) days of adoption of this ordinance, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to anyone who shall complete the requirements of Section 2. If all of the requirements of Section 2 are not completed within six months from the date this ordinance is adopted, the President’s authority to execute an act of cash sale for this property shall cease, and any and all rights of the purchaser to this property shall terminate.
Section 4. This act of sale shall be without any warranty or recourse whatsoever (including warranty of title), even for the return or any reduction of the purchase price, but with subrogation to all rights and actions of warranty the Parish of Calcasieu may have, and shall contain such warranty limitations and other provisions as are required by the Parish Attorney. The Parish of Calcasieu shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
This ordinance was adopted on the 1st day of September, 2005.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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ORDINANCE NO. 4963
AN ORDINANCE authorizing the Police Jury to declare the property described as: @ 361013-0000-4300001 1000 1/8 int in 8 Acres in N ½ SW NW 36.10.13- @ 351013-0000-1200001 6000 @ 351013-0000-1200005 6000 3/5 int in E ½ SE NE 35.10.13 less 12 Acres, less 1.83 Acres parcel No 5-2- @ 351013-0000-2100003 0000 1 Acres in NE Cor SE 35.10.13- @ 361013-0956-20 0001 0000 @ 361013-0956-20 0002 0000 Lots 1, 2 Blk 20 Jacksonville Sub and N 7 ft of 14 ft alley S of Lots 1,2 7 by 100 ft-; (AP07-234-05; Tax Assessment No. 242691); 4 Tracts of property (approx. 15 Acres) not clearly identified, West of the Toomey Exit between and along Old Highway 90 and I-10 in Ward Seven, Vinton, Louisiana, surplus property and to authorize the sale of said property to Ms. Malena Pearson, her designated agent, or assignee for the consideration of $9,900.00 (nine thousand nine hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $525.00 ($450 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: @ 361013-0000-4300001 1000 1/8 int in 8 Acres in N ½ SW NW 36.10.13- @ 351013-0000-1200001 6000 @ 351013-0000-1200005 6000 3/5 int in E ½ SE NE 35.10.13 less 12 Acres, less 1.83 Acres parcel No 5-2- @ 351013-0000-2100003 0000 1 Acres in NE Cor SE 35.10.13- @ 361013-0956-20 0001 0000 @ 361013-0956-20 0002 0000 Lots 1, 2 Blk 20 Jacksonville Sub and N 7 ft of 14 ft alley S of Lots 1,2 7 by 100 ft-; (AP07-234-05; Tax Assessment No. 242691); 4 Tracts of property (approx. 15 Acres) not clearly identified, West of the Toomey Exit between and along Old Highway 90 and I-10 in Ward Seven, said property having been adjudicated to the Parish for unpaid property taxes; and
WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and
WHEREAS, a request has been received by the Division of Planning & Development from Ms. Malena Pearson, to purchase said property for the consideration of $9,900.00 (nine thousand nine hundred dollars) cash, at the time of sale; and
WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and
WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Ms. Malena Pearson, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 1st day of September, 2005, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: @ 361013-0000-4300001 1000 1/8 int in 8 Acres in N ½ SW NW 36.10.13- @ 351013-0000-1200001 6000 @ 351013-0000-1200005 6000 3/5 int in E ½ SE NE 35.10.13 less 12 Acres, less 1.83 Acres parcel No 5-2- @ 351013-0000-2100003 0000 1 Acres in NE Cor SE 35.10.13- @ 361013-0956-20 0001 0000 @ 361013-0956-20 0002 0000 Lots 1, 2 Blk 20 Jacksonville Sub and N 7 ft of 14 ft alley S of Lots 1,2 7 by 100 ft-; (AP07-234-05; Tax Assessment No. 242691); 4 Tracts of property (approx. 15 Acres) not clearly identified, West of the Toomey Exit between and along Old Highway 90 and I-10 in Ward Seven, Vinton, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.
Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Ms. Malena Pearson, her designated agent, or assignee for and in consideration of $9,900.00 (nine thousand nine hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:
A) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the Adjudicated Property Section has been provided a Mortgage and Conveyance Certificate or an equivalent by an abstract company doing business in Calcasieu Parish certifying that an examination of the mortgage and conveyance records of the Clerk of Court of Calcasieu Parish was made to obtain the names and last known addresses of all owners, mortgagees, and other persons who might have vested or contingent interests in the property, or who have filed requests for notice as provided for in LSA-R.S. 47:2261, and a list of those names and addresses is attached to the certification. The written certification shall contain an indemnification and hold harmless clause by the purchaser in favor of the Parish of Calcasieu, its officers, agents and employees if the purchase should fail to request notification to an interested party or should incorrectly identify or locate any interested party.
B) Purchaser has made written request to the Adjudicated Property Section of the Division of Planning & Development to notify those persons identified above in accordance with LSA-R.S. 33:4720.17 and LSA-R.S. 47:2261 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication requested.
C) Upon written request from the Adjudicated Property Section of the Division of Planning and Development, the Purchaser shall remit 25% of the purchase price as earnest money to be held in escrow by the Calcasieu Parish Police Jury for application to the purchase price at closing, or to be retained by it in the event Purchaser fails to complete the purchase.
D) The Adjudicated Property Section of the Division of Planning & Development has provided purchaser with proof of notice, and purchaser has recorded same in the conveyance records of Calcasieu Parish and has provided the Adjudicated Property Section of the Division of Planning & Development a stamped copy of the recorded proof of notice.
E) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the number of days required by LSA-R.S. 33:4720.17 has elapsed since the above required notice was made or attempted and that the property has not been redeemed by the payment of the taxes owed.
F) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.
Section 3. If purchaser should fail to complete the requirements of Section 2 A) and B) within sixty (60) days of adoption of this ordinance, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to anyone who shall complete the requirements of Section 2. If all of the requirements of Section 2 are not completed within six months from the date this ordinance is adopted, the President’s authority to execute an act of cash sale for this property shall cease, and any and all rights of the purchaser to this property shall terminate.
Section 4. This act of sale shall be without any warranty or recourse whatsoever (including warranty of title), even for the return or any reduction of the purchase price, but with subrogation to all rights and actions of warranty the Parish of Calcasieu may have, and shall contain such warranty limitations and other provisions as are required by the Parish Attorney. The Parish of Calcasieu shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
This ordinance was adopted on the 1st day of September, 2005.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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Motion was made by Mrs. Treme, seconded by Mrs. Griffin and carried unanimously that the following resolutions be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 1st day of September, 2005, that it does hereby support the application of Phase V, Patrick Place Development Company, L.P., to the Louisiana Housing Finance Authority to develop 31 affordable homes in the Mallard Junction Area using Low Income Housing Tax Credits.
BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 1st day of September, 2005, that it does hereby support the application of Phase VI, Quinn Court Development Company, L.P., to the Louisiana Housing Finance Authority to develop 32 affordable homes in the Mallard Junction Area using Low Incoming Housing Tax Credits.
BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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With reference to the foregoing resolutions, it was noted that on September 23, 2004, the Police Jury adopted resolutions supporting tax credits through the Louisiana Housing Finance Agency for Lake Caroline Estates located in the Mallard Junction community to facilitate affordable housing utilizing low-income housing tax credits.
Motion was made by Mr. Landry and seconded by Mrs. Eason that a resolution be adopted approving a Joint Services Agreement between the Police Jury and the City of Lake Charles, in accordance with the authority granted under LSA—R. S. 33:140.210 et seq, providing for the consolidation of the Parish Planning and Zoning Board and the City Planning Commission and Board of Zoning Adjustment, as recommended by the citizens Joint Planning Commission Task Force formed by both entities to study the concept, and further, that the President of the Police Jury, or his designee, when appropriate, be authorized to execute all documents related thereto.
Mrs. Eason stated that her time on the Police Jury had been short and would soon be over. She further stated that she would miss serving on the Jury, and one thing which had become apparent to her was that the Police Jury had a phenomenal responsibility of guiding Calcasieu Parish into the future. Mrs. Eason stated that one thing she wished could be changed was the lack of opportunity for the jurors to sit down privately and have a round-table discussion before voting on important issues such as the one on the floor of which she was very strongly in favor.
Mrs. Eason continued by saying that Southwest Louisiana had a lot to offer and was gradually building a model for economic development. She further stated that one piece of the puzzle was consolidation of planning for the City and Parish which would provide a vehicle to implement a long-term plan for development in the Parish.
Mrs. Eason advised that one of the first questions she asked after being sworn in as a police juror was whether the Parish had a master plan, and she had been surprised to find out that it did not. She stated that this caused the jurors to be reactive instead of proactive, pointing out that a master plan would provide a means of knowing where to go and how to get there.
Mrs. Eason stated that she felt the consolidation of the Parish and City planning efforts was a step forward and while there were some questions about representation on the proposed Board, whatever the new board approved would still come before the Police Jury for final approval. She also stated that not only would consolidation pave the way for progress, but everyone would benefit from the synergy created, and more could be accomplished with one board than multiple boards.
Mr. Guillory stated it seemed to him that the Police Jury was absorbing most of the cost involved including the board member’s monthly per diem, to which Mr. Vickers responded that the City of Lake Charles would have to pay its pro-rata share of expenses which would include per diem.
Mr. Clement agreed with Mrs. Eason’s statement that the Parish needed a master plan, but he felt that could be done without consolidating the boards. He stated that the plan did not specify representation, and he could not “make heads or tails” of the map showing representation in the proposed Joint Services Agreement.
Mr. Vickers stated that the Task Force had basically decided there should be eleven members on the new board – six representing the unincorporated areas of the Parish and five representing the City of Lake Charles – based on population.
Mr. Clement stated that the Police Jury did not zone people, it zoned property, and there was a lot of rural property that he felt would be under-represented. He further stated that he had noticed a clause in the proposal that addressed realignment of the Board based on census figures which he felt could mean a decrease in the number of appointments the Police Jury would have on the Board. Mr. Clement also stated that the document did not stipulate from what region of the Parish the members would be appointed except for “west of the river”. Mr. Clement stated that it was his understanding that the original concept had been brought about by confusion in south Lake Charles regarding development insofar as what properties were in the city limits and what kinds of rules had to be followed depending on where a property was located. Mr. Clement stated that he would agree with consolidation of Ward Three but not parishwide because of the citizens in the rural areas who would be affected.
In conclusion, Mr. Clement stated that he had a lot of concerns about the proposed Joint Services Agreement because it was not specific about representation, and he could not support the concept of consolidation.
In answer to a question by Mr. Guidry regarding annexations by the City of Lake Charles and the resulting possibility of a decrease in number of Police Jury-appointed members of the consolidated board, Mr. Vickers explained that in the past, the growth had been in the unincorporated areas, pointing out that the last census indicated a 22% growth in said areas, with little growth if any in the number of people living in the incorporated areas. Mr. Vickers pointed out that if this held true, there could be the exact opposite scenario of what Mr. Guidry asked about.
Mr. Guidry asked if things could be changed back to the way they were before consolidation, if it did not work out. Mr. Vickers replied that there was a provision for terminating the agreement with approval of the participating entities.
Mr. Manuel agreed with Mrs. Eason’s comments and stated that a uniform code was needed for economic development. He pointed out that the Police Jury would have final approval of any zoning decisions affecting the unincorporated area and that while a uniform code would be in place, different regulations for different areas would apply, i.e., rural, suburban, urban.
Dr. Mackey stated that a lot of time had been put into this by the Task Force and staff, and he felt the Police Jury should at least give it a chance to work. He also stated that it would be something that would improve the whole Parish.
Mr. Andrepont stated that the Police Jury should give the plan a chance from an economic development point of view if nothing else. He pointed out that the proposed Joint Services Agreement was not perfect, but neither was the Constitution of the United States, and that was why there were amendments to it. Mr. Andrepont stated that if it did not work, the Police Jury could always go back to the drawing board and while annexations might play a part in representation on the Board some time in the future, that could be addressed when and if the issue came up.
Mr. Stelly stated that he wholeheartedly supported the growth of Calcasieu Parish but questioned why the proposed board could not consist of representation throughout each ward or section of the Parish, pointing out that the land left in the Parish for development was located in rural areas.
Mr. Vickers stated that there were some limitations in the enabling legislation creating the Metropolitan Planning Commission which stipulated that the Board could consist of no less than 11 and no more than 15 members. He explained that the thinking was to start off with 11 and leave room for additional members to be added if and when other municipalities decided to join the effort, pointing out that consolidation of the City of Lake Charles and Calcasieu Parish would take care of the majority of the land in the Parish. Mr. Vickers reminded the jurors that the issue of consolidation would have to be approved by both the Police Jury and the City of Lake Charles before it could become a reality.
Mr. Stelly asked how a major zoning issue could affect the number of people in a rural area, for instance, between Hayes and Iowa, and how that differed in a land issue versus number of people issue. Mr. Vickers stated that one of the differences was the difference in geographic land uses in rural situations as opposed to urban. Mr. Vickers pointed out that the Police Jury primarily dealt with rural issues but that with today’s technology such as improvements in aerial photography, the Planning and Zoning Board members had virtually all of the information they needed to make a decision on a zoning case without having to go out and look at the area on which they were voting. Mr. Vickers also pointed out that with the size of Calcasieu Parish, it would be impossible to have a member on the Board from each community, i.e., Bell City, Hayes, etc., and he felt the proposed composition was as fair in representation as possible.
In answer to Mr. Stelly’s question, Mr. Vickers stated that none of the members of the Task Force were present at the Jury meeting on this date. Mr. Stelly asked what problem areas had been encountered by the Task Force in their study of this issue.
Mr. Vickers stated that Ms. Karen Fernandez was a consultant hired to assist the Task Force, and she was present. He also stated that staff members and legal counsel from both the City of Lake Charles and the Parish had input into the proposed agreement and that one of the major problems encountered was the idea of combining staffs. Mr. Vickers explained that they “backed off” from that issue because of the differences in retirement systems, fringe benefits, personnel issues, etc. that would have to be worked out, with the long-term idea being to combine staffs once the master plan and unified codes were adopted. Mr. Vickers further stated that the first step (currently being discussed) would be the bridge to get to future steps.
Ms. Karen Fernandez of New Orleans appeared before the Police Jury at this time and stated that one of the ways to utilize the synergy that could result by combining the planning boards was for the proposed board to think and act on issues on a parishwide basis. She encouraged the jurors to view the proposed agreement as a good first and positive step toward parishwide planning.
Mrs. Treme stated that at first she had not wanted to even consider giving metro planning a try but since then she had been in many discussions with Mr. Vickers and had realized that he had the best interest of the Parish in mind. She further stated that she was for what was best for Calcasieu and for the future, pointing out that in twenty or thirty years, the current jurors would no longer be in office and the current staff would be retired or gone, and she felt the people of Calcasieu Parish would think that the current officials and staff had looked to the future with vision in giving this an opportunity to work.
Mrs. Treme advised that one of the most important things to keep in mind was that the Parish would not be changing its current planning and zoning ordinance and that the City would have to make the changes in theirs to conform with the Parish’s.
Mrs. Treme closed by saying that she had searched her heart, and she felt this was something that in the future would make Calcasieu a “whole” parish.
Mr. Landry stated that the police jury districts were drawn up with basically the same number of people in each of them, so they were each elected by a certain number of people. He further stated that the argument that representation (on the proposed board) should be based on amount of property in the district would be like saying that Mrs. Treme’s police jury district would require three or four jurors to represent it; therefore, if this premise did not apply to the way the jurors were elected, it should not apply to the makeup of the proposed planning board. Mr. Landry stated that he felt the makeup of the board was the least important portion of the entire concept, and he felt the jurors had to have faith in people, and they had to assume there would be good people on the board who would make good decisions for the Parish.
Mr. Landry closed by saying that while he lived in the City of Lake Charles, he tried to put himself in the shoes of somebody who lived in Bell City or Carlyss, and that at some point, the jurors had to have the faith that the members of the proposed planning board would do the same.
Mrs. Eason encouraged the jurors not to get caught up in geographical issues, pointing out that they all lived in Calcasieu Parish and that economic development would help everyone in the Parish. She also pointed out that most of the jurors lived in one district and worked in another, and also that people from Cameron, Beauregard, and Allen parishes drove into Calcasieu to work.
Mrs. Eason stated that the jurors needed to remember the role Calcasieu Parish played in Southwest Louisiana and that when Calcasieu flourished, so did the other parishes surrounding Calcasieu.
Mr. Clement agreed with Mrs. Treme and stated that he felt everyone on the Jury had the best interest of Calcasieu Parish at heart but that they all had different opinions on a lot of different issues. Mr. Clement further stated that he supported economic development. He pointed out that not all issues would come back to the Police Jury for final approval such as variances and exceptions over which the Planning and Zoning Board had final approval and that approximately 75% of what the Board acted on, the Police Jury never saw.
Mr. Vickers stated that what currently came before the Police Jury, under current law, would continue to. He further stated that would be one thing the City of Lake Charles would have to change, because the City Council currently had the authority to overrule its planning board on variances and/or exceptions. Mr. Vickers pointed out that the City would have to make far more changes to accomplish metro planning than would the Parish.
Mr. Clement asked how much the City would reimburse the Parish for staff time, and Mr. Vickers stated that it would depend on how much assistance the City would ultimately need but that the City would be required to compensate the Parish for staff time. Mr. Vickers advised that the Police Jury would know what the budget was before it was submitted to the City.
Mr. Clement stated he did not feel comfortable voting on something before knowing the figures and facts on how much the City’s financial contribution would be. He stated that “trust me” did not always work out the way it was intended.
A roll call vote was taken on the motion on the floor, which was that a resolution be adopted approving a Joint Services Agreement between the Police Jury and the City of Lake Charles, in accordance with the authority granted under LSA—R. S. 33:140.210 et seq, providing for the consolidation of the Parish Planning and Zoning Board and the City Planning Commission and Board of Zoning Adjustment, as recommended by the citizens Joint Planning Commission Task Force formed by both entities to study the concept, and further, that the President of the Police Jury, or his designee, when appropriate, be authorized to execute all documents related thereto.
The vote on the motion was as follows:
YEAS:Mr. Andrepont, Mrs. Eason, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. Moon, and Mrs. Treme
NAYS:Mr. Clement, Mr. Collins, Mr. Danahay, Mrs. Griffin, Mr. Guidry, Mr. Guillory, and Mr. Stelly
ABSENT:None
The vote being a tie vote (seven for to seven against), President McMillin voted against the motion, and the motion failed.
President McMillin advised that a report would be received at this time from the staff outlining the recommendations of the Building Codes Ad-Hoc Study Team, with appropriate action by the Jury to follow said report.
Mr. Vickers stated that on November 4, 2004, the Police Jury authorized the President to appoint an ad-hoc study team to study the feasibility of enacting building codes for development in the unincorporated area of Calcasieu Parish and that in accordance therewith, then-President Clement had appointed the following persons to serve on the team: Mr. C. Gayle Zembower, AIA, of C. Gayle Zembower Architect, Inc., Mr. Frank Miller of F. Miller and Sons, LLC, Mr. Howard Amy of Amy’s Custom Trim, LLC, Mr. Randy Tupper, President of the Home Builders Association of Southwest Louisiana, and Mr. Lee Lancon of Lancon Engineers, Inc.
Mr. Vickers advised that the study team had met on three different occasions and had recommended in a letter dated July 15, 2005, to President McMillin that the latest editions of the International Building Code, International Residential Code, International Mechanical Code, and International Gas Code be adopted. Mr. Vickers further advised that the team had felt that these particular codes would complement the Parish’s previously adopted and currently enforced National Electrical Code and State Plumbing Code and ultimately provide the Parish with a complete and comprehensive compilation of codes to ensure the health, safety and welfare of the citizens.
Mr. Vickers further advised that if the Police Jury was ready to take the next step in this process, he felt sure there would be questions from the public, and he suggested that a public hearing be scheduled.
Motion was made by Mrs. Griffin, seconded by Dr. Mackey and carried unanimously that a public hearing be scheduled to receive input from the public on the Building Codes Ad-Hoc Study Team’s recommendation as outlined heretofore.
It was moved by Mr. Manuel, seconded by Mr. Stelly 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 1st day of September, 2005, that it does hereby approve a lease agreement between the Police Jury and James and Angela Gilland, in the amount of $100.00 annually, for property located at 3716 Backbay Court, Westlake, Louisiana, which was acquired from a flood mitigation grant in 2004 and must remain “open space”.
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 and in answer to a question by Mrs. Griffin, Mr. Vickers explained that the Parish had, under a FEMA grant, demolished the house located on this property because of repeated flooding problems and that it was not suitable for building on.
Motion was made by Mr. Moon and seconded by Mr. Andrepont that a resolution be adopted approving a Joint Services Agreement between the Police Jury and the Calcasieu Parish Coroner’s Office and Forensic Facility for the operation of the Coroner’s Office and all duties related thereto, in accordance with State law, and an Employment Agreement between the Police Jury and Terry Welke, M.D. for the provision of forensic pathology services, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.
In answer to questions by Mrs. Griffin, Mr. McMurry stated that Dr. Welke was seen by law enforcement as an asset, particularly with respect to his testimony in court cases, and that this would save the taxpayers’ money.
Mrs. Griffin asked if the citizens would have to pay more for the services rendered by Dr. Welke, and Mr. McMurry stated that all services performed by the Coroner’s Office were charged in accordance with fees established by State law. He further stated that the only payment a citizen would be required to make would be if it was for a service that was not part of the Coroner’s duties but that any services rendered which were part of his duties would be paid for by the appropriate governmental entity.
Mrs. Griffin asked if the prices would increase for services not covered under the Coroner’s official duties, pointing out that she felt he should not be able to charge whatever he wanted to. Mr. McMurry explained that there were different levels of autopsies, all of which carried a different fee, and he assumed that the fee charged to an individual for an autopsy not required by law would be the same as the fee charged for one that was.
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 1st day of September, 2005, that it does hereby approve a Joint Service Agreement be entered into between the Policy Jury and the Calcasieu Parish Coroner’s Office and Forensic Facility for the operation of the Coroner’s Office and all duties related thereto, in accordance with State Law, and an Employment Agreement between the Police Jury and Terry Welke, M.D. for the provision of forensic pathology services.
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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Upon motion made by Mr. Collins, which was duly seconded by Mrs. Griffin 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 1st day of September, 2005, that it does hereby approve the submittal of a refunding application to the Louisiana Department of Education for Fiscal Year 2005-2006 for the continuation and operation of the Family Child and Adult Home Day Care Program for the funding period of October 1, 2005, through September 30, 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.
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Motion was made by Mrs. Griffin, seconded by Mr. Stelly 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 1st day of September, 2005, that it does hereby approve the submittal of a refunding application to the Louisiana Department of Social Services for the continuation and operation of the LaJet Program for Fiscal Year 2005-2006 for the funding period of October 1, 2005, through September 30, 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.
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It was moved by Mr. Danahay, 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