October 20, 2005
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, October 20, 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 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, and Tony Stelly
Absent: Mrs. Mary Kaye Eason and Mr. Cornie Moon
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; 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; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Allen Wainwright, Public Works Engineer.
President McMillin called the meeting to order. The invocation was pronounced by Ms. Griffin 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.
President McMillin advised that the presentation of a Resolution in Memoriam to the family of the late Cpl. Richard Schoener, a resident of Bell City, who served his country in Afghanistan, would need to be postponed due to the fact that Cpl. Schoener’s family could not attend the meeting on this date. Mr. Stelly stated that he would hand deliver the resolution to them.
Mr. Manuel asked that Mr. Collins, Mrs. Treme, and President McMillin join him at the podium to present Certificates of Recognition to the following members, manager, and coaches of the Moss Bluff American Dixie Youth Team for winning the South Regional Championship and the State Championship:
Coach Cliff Reid, Coach Donald Chase, Coach Philip Rome, Manager Karl Esthay, and team members Zack Bordelon, Adam Chase, Garrett Cole, Landon Deville, Michael Dronet, Kameron Esthay, Ty Foreman, Tanner Guidry, Derek Laporte, Kristian Moss, Eric Peterson, Clifton Reid, and Zach Rome.
Mr. Manuel stated that there were two Moss Bluff teams in the Championship, but only one could win which had been quite a feat. President McMillin congratulated the team and expressed his pride in the team’s accomplishments.
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Guidry and carried unanimously, the following applications for liquor and beer permits were approved:
WARD II
Carl & Belinda LeBlanc d/b/a
BELIN’S GROCERY & BAITS
7595 Hwy. 14 East
Hayes, LA 70646 Liquor & Beer – Pkg. – ‘2006 75.00
(Tony Stelly’s District)
WARD III
Four Corners Market, Inc.
Charles Kleckley - Pres.
FOUR CORNERS MARKET
2602 Hwy 14 East
Lake Charles, LA 70607 Beer - Pkg. - ‘2006 25.00
(Kevin Guidry’s District)
Eddie Lewis d/b/a
POONIE’S FESTIVAL CITY
4010 Goodman Lane
Lake Charles, LA 70615 Liquor & Beer - ‘2006 135.00
(Calvin Collins’ District)
WARD VI
VFW Post 3802 (DeQuincy) Inc.
Charles Russell - Quartermaster
VFW Post 3802
5416 Hwy 27 South
DeQuincy, LA 70633 Liquor & Beer - ‘2006 135.00
(Sandy Treme’s District)
Ronald E. Marcantel/
Jack M. Marcantel d/b/a
TIGERLAND GROCERY & TRUCK STOP
1108 Hwy. 12
DeQuincy, LA 70633 Liquor & Beer - Pkg ‘2006 75.00
(Sandy Treme’s District)
Ronald E. Marcantel/
Jack M. Marcantel d/b/a
TIGERLAND GROCERY & TRUCK STOP/
GOLDEN TIGER CASINO
1106 Hwy 12
DeQuincy, LA 70633 Liquor & Beer - ‘2006 135.00
(Sandy Treme’s District)
Hargrove Short Stop, Inc.
Charles M. Blackburn — Pres.
HARGROVE SHORT STOP
1021 Fields Hwy.
DeQuincy, LA 70663 Beer - Pkg. - ‘2006 25.00
(Sandy Treme’s District)
TOTAL REMITTANCE: 605.00
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It was moved by Dr. Mackey, seconded by Mr. Manuel and carried unanimously to adopt the following resolution:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20th day of October, 2005, that it does hereby ratify the execution by the President of the Police Jury of an agreement between the Police Jury and Anteon Corporation for Hurricane Rita Logistics Control (LCT) Aftermath Relief Support.
THUS DONE AND PASSED on the date above inscribed.
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Motion was made by Mr. Collins, 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 20th day of October, 2005, that it does hereby ratify the execution by the Parish Administrator of an Emergency Mosquito Control Service Agreement between the Police Jury and Clarke Environmental Mosquito Management, Inc. for additional spraying due to Hurricane Rita.
THUS DONE AND PASSED on the date above inscribed.
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President McMillin advised that a report and recommendation would be received at this time from the staff with reference to the damage assessment and repair of all Parish parks as well as the possible re-opening of said parks. (On Tuesday, October 11, 2005, the Police Jury closed all Parish parks for a damage assessment related to Hurricane Rita.)
Mr. Gerry Trahan, Director of Facilities Management, stated that the parks had taken a pretty bad hit during the storm, particularly since most of them were very wooded. He showed some pictures of the damages sustained, pointing out that there was a different type of debris in the parks located along the coast, and outlined the specific damages to each park.
Mr. Trahan presented the following recommendation for a temporary policy governing use of Parish parks:
Camper trailer slots at Calcasieu Parish Parks will be reserved for those individuals or families who have damage to their present home creating a condition such that said dwelling cannot be inhabited. This shall apply to residents of Calcasieu and Cameron parishes for a period of 30 days at all locations where slots are available, and no fees will be collected. Proof of residency in the form of a current drivers license or document showing an address in either Parish will be required. Participants will be required to sign a document declaring residency in one of the above mentioned parishes. Document will also state that their primary residence is uninhabitable and that they understand they will be required to vacate the park at the conclusion of this 30-day period. It is recommended that at the end of said 30-day period, the blanket policy will conclude and individual cases will be considered. The Police Jury would appreciate consideration from recreational campers in refraining from use of these slots for this 30-day period so that the needs of the citizens of Calcasieu and Cameron parishes can be accommodated.
Motion was made by Mr. Clement, seconded by Dr. Mackey and carried unanimously that the temporary policy as presented by the staff be implemented with the effective date of the 30-day period to be October 21, 2005, whereupon, the following resolution was adopted.
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20th day of October, 2005, that it does hereby approve a temporary policy for camper trailer slots at Calcasieu Parish Police Jury Parks which will be reserved for those individuals or families who have damages to their present homes caused by Hurricane Rita creating conditions such that said dwellings cannot be inhabited.
BE IT FURTHER RESOLVED that this temporary policy shall apply to residents of Calcasieu and Cameron Parishes for a period of 30 days effective October 21, 2005, at all locations where slots are available and no fees will be collected.
BE IT FURTHER RESOLVED that participants will be requested to: (1) provide proof of residency in the form of a current driver’s license or document showing a valid address in Calcasieu Parish or Cameron Parish; (2) sign a document declaring residency in one of the two parishes and certifying that their primary residence is uninhabitable, and further, acknowledging that they understand they will be required to vacate the park at the conclusion of this 30 day period.
BE IT FURTHER RESOLVED that individual cases will be considered at the conclusion of the 30 day period.
BE IT FURTHER AND FINALLY RESOLVED that the Calcasieu Parish Police Jury urges cooperation and appreciates the consideration of recreational campers in refraining from use of these camper trailer slots for this 30 day period so that the housing needs of the citizens of Calcasieu and Cameron parishes who have been impacted by Hurricane Rita can be accommodated.
THUS DONE AND PASSED on the date above inscribed.
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Mr. Trahan introduced Mr. Dean Kelly who was recently named Assistant Director of Facilities Management.
Upon motion made by Mr. Landry, which was duly seconded by Dr. Mackey and carried unanimously, the recommendation of the Parish Purchasing Agent was approved, and action was deferred until the Regular Meeting on November 3, 2005, with respect to bids received by the Purchasing Agent on September 20, 2005, for equipment tires, with unit prices effective from December 1, 2005, until May 31, 2006. (Bids were opened on September 20, 2005, and scheduled for final action on October 6, 2005, said meeting having been rescheduled to October 11, 2005, due to Hurricane Rita. On Tuesday, October 11, 2005, the Police Jury deferred action until this date, October 20, 2005.)
It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously to authorize the Parish Purchasing Agent to advertise for bids for concrete catch basins, concrete pipe, metal pipe, plastic pipe, PVC adapters, with unit prices effective from January 1, 2006, until June 30, 2006, for mosquito control chemicals, with unit prices effective from January 1, 2006, until December 31, 2006, for gasoline and diesel fuel, with unit prices effective January 1, 2006, until December 31, 2006, and for propane fuel, with unit prices effective from January 1, 2006, until December 31, 2006.
Motion was made by Mr. Andrepont, seconded by Mr. Clement and carried unanimously that the Parish Administrator be authorized to advertise for bids for Phase One, Reroofing and Renovations to the Livestock Barn at the Burton Memorial Coliseum Complex.
With reference to the foregoing, Mr. Clement asked what hurricane damages were sustained at the livestock barn, to which Mr. Wainwright replied that there was a lot of damage but that the metal was in bad condition before the storm.
Mrs. Treme was granted a point of personal privilege to introduce two of her grandchildren, Josie Lynn Carter and Brandon Carter.
Motion was made by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously to suspend the rules by a two-thirds majority vote to discuss the storage-in-transit rail car facility being operated by Union Pacific Railroad west of Sulphur. [In 2001, Union Pacific Railroad submitted a rezoning request to rezone property located off of Racca Road in Ward Four from A-1 (Agricultural) to I-2 (Heavy Industrial) to allow a rail yard (plastic storage-in-transit rail car facility). On Tuesday, March 20, 2001, the Planning and Zoning Board met and voted 6-4 to recommend that the request be denied. On Thursday, March 22, 2001, the Police Jury met and heard testimony from representatives and citizens with reference to this request. Mr. Jeff Cole, the Parish’s Legal Counsel, advised that the Parish’s zoning law was pre-empted by Federal Law, with the authority over such matters being in the domain of the Surface Transportation Board, and the railroad company could proceed even without the rezoning request being granted. The Police Jury voted unanimously to uphold the Planning and Zoning Board’s recommendation to deny the request.]
Mr. Andrepont stated, for the benefit of the current jurors who were not on the Police Jury in 2001, that Union Pacific had made a formal request for rezoning property west of Sulphur, and it was unanimously denied by the Police Jury; however, the lawyer representing Union Pacific had thanked the Jury for its time and said they would build it anyway.
Mr. Andrepont further stated that during the discussion in 2001, there were comments made on behalf of the railroad company that there would be no noise at night, and no hazardous chemicals would be stored at the site. He introduced two residents present at the meeting on this date, Mr. Ronnie Bowers and Mr. Connie Maples, who he said were bearing the brunt of the problems caused by the railroad company not living up to its promises to the Police Jury.
Mr. Bowers, 1729 White Acres Drive, Sulphur, appeared before the Police Jury and spoke of his concerns about there being 20 tank cars currently stored at the rail car facility in close proximity to homes at the end of White Acres Drive (150' - 175' from homes). He stated that “1268" was printed on one of the cars which stood for Class III explosive, highly flammable liquid. Mr. Bowers stated that he was not sure what the Police Jury could do about this situation but any help would be appreciated, pointing out that the railroad company had left engines idling one time for four or five days with diesel exhaust pouring out of them and causing noise which prevented sleep.
Mr. Connie Maples, 1401 White Acres Drive, Sulphur, appeared before the Police Jury and stated that he had contacted Union Pacific’s community relations staff and had been as courteous as he knew how to be in asking them to respect the residents of White Acres Drive by not parking the engines next to their street and to instead park them further down the track; however, nothing was ever done to comply with his request. Mr. Maples further stated that the railroad representative with whom he had spoken had told him that the railroad had no control or authority over the storage facility. He explained that there were sometimes two engines, and sometimes four to six engines, all connected together and running for days which he said was unbearable.
Mr. Guidry stated that this seemed to be a safety issue to him, and Mr. Maples stated that breathing the diesel fumes, particularly when the wind blew out of the north, was unbearable and that it would not be a big problem to resolve.
Mr. Allen Smith, Legal Counsel to the Police Jury, stated that he had recently researched this area of the law again, in anticipation of negotiating with Union Pacific Railroad Company about drainage problems in the High Hope Road area. He cited a portion of the law and explained that if there was a genuine public health issue, which could include physical, emotional or mental health, the Police Jury could make a pretty good case based on the presence of the engines and on the presence of rail cars containing flammable contents.
Mr. Smith recommended that the Police Jury authorize and direct him to contact Mr. David Frasier, legal counsel for Union Pacific Railroad, to see what could be done about this situation.
Mr. Maples asked if the issue of the rail cars being parked at the facility was not considered a public health issue, and Mr. Smith stated that would be considered a restriction on their operation if the Police Jury tried to restrict that.
Mr. Danahay asked if the promises made by Union Pacific were considered null and void when the Police Jury denied the railroad’s rezoning request, and Mr. Smith stated that this was correct, that the stipulations they had put in their application were not applicable.
Mr. Manuel suggested that a resolution be adopted requesting Union Pacific to move the rail cars and the engines further down the track. Mr. Landry stated he felt that might make the situation worse.
Mr. Vickers stated that when it applied for the rezoning request, the railroad company was interested in entering into a development agreement that restricted what activities would be allowed at the storage-in-transit yard, however, the Police Jury just wanted to deny the rezoning and in doing so, lost any local control it might have had at the time of the request to rezone the property.
Mr. Maples stated that if there was only a minor derailment, the rail cars would end up in his living room, however, if it involved rail cars with chemicals in them, there would be a lot of people hurt.
Motion was made by Mr. Andrepont and seconded by Mr. Guidry to authorize Mr. Smith to meet with Mr. David Frasier, legal counsel for Union Pacific Railroad, on the Police Jury’s behalf to see what could be done to resolve the problems discussed on this date.
Mr. Bowers pointed out that when Union Pacific had tried to get approval of its rezoning request in 2001, they were attempting to rezone 275 acres, and they only owned 75 acres, so that by refusing to rezone the property, the Police Jury did stop development of the remainder of the acreage by the railroad company. Mr. Bowers stated that was one thing in the residents’ favor.
A vote taken on the motion on the floor carried unanimously.
Motion was made by Mr. Andrepont and seconded by Dr. Mackey to receive a report from Mr. Dick Gremillion, Director of the Office of Homeland Security and Emergency Preparedness, with reference to recovery efforts after Hurricane Rita, and further, to adopt a Proclamation extending for an additional 30 days the Local Government Proclamation of Pending State of Emergency dated September 20, 2005, which proclaimed a State of Emergency to exist in Calcasieu Parish through October 20, 2005, due to Hurricane Rita.
Mr. Gremillion advised that it had just been brought to his attention that Governor Kathleen Blanco had extended the State’s Proclamation of State of Emergency to November 24, 2005, and he asked that the Parish’s extension mirror that date. He pointed out that the extension would allow the Parish to be reimbursed 100% on some of the clean-up and recovery work that was currently being done, as well as give the Police Jury some flexibility on taking other emergency actions.
With respect to temporary housing, Mr. Gremillion advised that FEMA (Federal Emergency Management Agency) had travel trailers to be dispensed in the area based on three main categories of housing situations: (1) placing the trailer on someone’s driveway and hooking it up to existing utilities; (2) providing an opportunity for businesses to set up a site on their property for their employees’ use; and (3) developing mobile home parks which would be a longer-term process, and thus less desirable, because infrastructure would need to be built to accommodate such parks.
Mr. Manuel stated that it was his understanding that FEMA planned to move 200 trailers per day once they got started with the process.
Mrs. Griffin asked about the individuals who were receiving Section 8 Housing assistance and whose homes were badly damaged but could not be repaired while they were still living in them.
Mr. Gremillion advised that he thought the Section 8 Housing assistance certificate would transfer but that Mr. Vickers would have more information pertaining to that matter.
Mrs. Griffin stated she would come back to that question, and her next question was whether or not it was true that someone with a lot of property could rent space to people who had to vacate their homes and/or apartments due to hurricane damage and who received a trailer, so they would have a place to park it and live temporarily.
Mr. Gremillion advised that if somebody was willing to do that, it might be part of the solution, but this scenario was really intended to be for locations which had all the infrastructure already in place.
Mr. Vickers advised that if a Section 8 housing unit had damage, the renter needed to get in contact with his office, and someone would have it inspected, a determination would be made, and the renter would be allowed to transfer the certificate. Mr. Vickers pointed out that housing was in very short supply at the current time as evidenced by the fact that while driving down the interstate recently, he had seen people living in tents next to a mobile home park.
President McMillin stated that with regard to FEMA’s expedited assistance (EA), the original criteria was that each household received the $2,000 in EA if the household contained a resident or residents of a parish that had called for a mandatory evacuation, regardless of whether someone evacuated or had damage to their home, etc. President McMillin pointed out that FEMA was changing some of the rules about eligibility for the EA, and he and Mr. McMurry would be meeting with Governor Blanco the following day about this issue, in a continuing effort to obtain the EA for all applicable households.
Mr. McMurry explained that according to the 2000 census, there were approximately 68,000 occupied housing units in the Parish and in applying a liberal factor of increase, he estimated approximately 73,000 units. Mr. McMurry further explained that if FEMA had paid the EA to 80,000 households, that meant that at least 7,000 more payments were made in Calcasieu Parish than should have been. He pointed out that there were probably as many as 5 - 8,000 households that legitimately deserved to get the EA but had not, leaving another $10 - 16 million that should be paid.
Mr. McMurry stated that FEMA had a dilemma as to whether to try and get a rebate from those who had committed fraud in applying for more than one person per household, or perhaps had done so not knowing any better, or whether to let that money go and pay the people who legitimately deserved it. He further stated that the Parish’s contention, as expressed by President McMillin on numerous occasions, was that there was originally no criteria for receiving the EA except being a resident of Calcasieu Parish and the requirement now of whether someone evacuated was not supported by General Honore’s feeling that even if someone did not evacuate, they had no basic services of life after the storm. Mr. McMurry stated that the EA was the standard set by FEMA for victims of Hurricane Katrina and was applied to the Southwest Louisiana area for Hurricane Rita, and further, that it was intended to be an immediate cash outlay which would not take away from the opportunity to get additional reimbursement for damages sustained as a result of the hurricane.
Mr. McMurry also stated that there were so many different answers the public was getting from FEMA’s call center, many of which made little sense, and he hoped that the meeting with the Governor would produce favorable results.
Mr. Guidry, Mr. Manuel, and Mr. Andrepont gave specific examples of constituents whose applications for the EA had been turned down – people they felt deserved the EA but had been denied for no plausible reason or explanation.
President McMillin stated that he would not let up on this fight on behalf of every police juror who was receiving numerous calls and on behalf of the people who needed and were depending on the EA. President McMillin stated that hopefully the Governor would get with the President of the United States who specifically told the residents of Calcasieu Parish when he visited after the hurricane that they would be treated the same as the victims of Hurricane Katrina with regard to EA.
With respect to debris removal, Mr. Gremillion stated that it was very important to move along with this program while the Corps of Engineers was still in the area, or the Police Jury would have to pay the costs associated with it.
Mr. Gremillion also addressed the issue of the burn ban currently in place, pointing out that the weather had not been conducive for burning and that, coupled with the huge volume of vegetative debris, caused a very dangerous safety situation. He pointed out that most of the Parish’s firefighters were volunteers who had regular jobs during the day, so it was difficult to control any wild fires that might develop.
Mr. Steve Rinard of the National Weather Service appeared before the Police Jury and explained the current and forecasted weather conditions, pointing out that neither was conducive for outdoor burning.
Mr. Gremillion asked if there was any information Mr. Rinard could share with respect to how high the wind speed was and whether there were any tornadoes associated with Hurricane Rita. Mr. Rinard stated that there were some tornadoes seen on radar around the Baton Rouge area prior to Rita’s landfall, but in the immediate area it was difficult to tell if there were individual tornadoes. Mr. Rinard explained that an eye wall warning was issued from the Gulf Coast up to Calcasieu and Jefferson Davis parishes and that an eye wall warning was the same thing as a great big tornado warning because the whole eye wall had the same effect as a tornado.
Insofar as wind speed, Mr. Rinard stated that the winds were clocked at 110 mph, but unfortunately, most of their weather recording instruments were blown away by the hurricane’s high winds, so no exact measurements were available.
Mr. Guidry said he had received a call regarding a commercial burn site at Lake Street and Lincoln Road, and the person who called him felt they should have been notified about it and when they would be burning.
Mr. Vickers stated that this particular site was in the process of being permitted, it had received approval from the Lake Charles Fire Department, and was awaiting approval from the Louisiana Department of Environmental Quality. Mr. Vickers explained that there were no residences within 1000 feet of the site and that another criteria used in approval of a site was whether there was good access to it, as well as the impact on the roads.
Mr. Vickers further stated that he thought people would have to understand that the Parish was still in a state of emergency and would have to find places to dispose of all the debris. He also stated that the site at Lake Street and Lincoln Road was very isolated and that if the Parish could not burn the debris there, it could not burn it anywhere.
In answer to a question by Mr. Manuel, Mr. Gremillion stated that leaves should not be put in plastic bags but instead should be placed on top of the pile of vegetative debris for the Corps of Engineers to pick up, pointing out that plastic bags were petroleum products and did not need to be burned.
Mr. Clement asked if the Parish’s reimbursement for debris removal would be jeopardized if the contract was delayed because of a shortage of subcontractors. Mr. Gremillion stated that if the contractors were sufficiently slowed down to where it was no longer profitable to stay in the Parish, they would probably want to leave and go somewhere else.
Mr. Clement asked about mobile homes that had been destroyed on which the owners had no insurance and whether the contractor would pick those up for disposal. Mr. McMurry stated that the existing contract did not include that, but the staff had asked that this be reconsidered, since some of the mobile homes were adjacent to road rights-of-way. He further stated that the staff’s request was being sent “up the ladder”.
Mr. Clement pointed out that if the contractor did not remove the destroyed mobile homes, the Parish would probably have to go through the condemnation process and place liens against those properties.
Mr. McMurry urged the jurors to encourage their constituents to have patience with the situation and remind them that the Parish was hit with a major storm. He stated that the contractors, who had done work in Florida and eastern Louisiana, had told the staff that they had never seen the type or massive amount of vegetative debris as there was in Calcasieu Parish after Hurricane Rita. Mr. McMurry advised that there had been complaints received about dust and smoke from some of the sites, but the Parish had to get rid of the debris, and the best way to reduce the volume of waste was by controlled burns. He asked for the public’s patience and understanding, because there would be some discomfort and concerns. Mr. McMurry pointed out that there was wonderful cooperation from the public on evacuating, and this had meant that there was no major loss of life but that until life could get back to normal, everyone needed to increase their tolerance level.
President McMillin asked the public to drive defensively because of the traffic hazards associated with debris piled high along the sides of the roads. He also asked that all freezers and refrigerators be emptied before placing them for collection and that the doors be removed from them if possible.
With reference to concerns expressed by Mr. Collins about a burn site on Old Town Road and whether it was burning during the day or during the night, Mr. Rinard explained that it was actually safer to burn at night, because the winds were lower and temperatures cooler.
Mr. Rinard stated that as he watched the Hurricane Rita event go on, he saw very significant decisions made not only by the Police Jury but other elected officials and the Parish’s Office of Homeland Security and Emergency Preparedness, one of which was the early decision to close the public schools on Wednesday, September 21, 2005, so that those buses could be used to evacuate people. Mr. Rinard further stated that so many times, the decision to evacuate was made too late but in most cases early decisions of that nature were usually successful, and he praised the Police Jury for its action taken in this regard.
A vote was taken on the motion on the floor, which was to receive a report from Mr. Dick Gremillion, Director of the Office of Homeland Security and Emergency Preparedness, with reference to recovery efforts after Hurricane Rita, and further, to adopt a Proclamation extending until November 24, 2005, the Local Government Proclamation of Pending State of Emergency dated September 20, 2005, which proclaimed a State of Emergency to exist in Calcasieu Parish through October 20, 2005, due to Hurricane Rita. Said motion carried unanimously; whereupon, the following Proclamation was issued:
RESOLUTION
WHEREAS, a Local Government Proclamation of Pending State of Emergency was issued on September 20, 2005, by The Honorable Hal McMillin President of the Calcasieu Parish Police Jury, declaring a state of emergency to exist in the Parish of Calcasieu due to Hurricane Rita’s potential to cause severe storms, high winds, and torrential rain that could cause flooding and damage to private property and public facilities, and threaten the safety and security of the citizens of Southwest Louisiana; and
WHEREAS, during the early morning hours of September 24, 2005, Hurricane Rita struck Louisiana resulting in severe flooding and damage to the southwestern part of the State of Louisiana which has threatened the safety, health, and security of the citizens of said area, along with private property and public facilities; and
WHEREAS, it is necessary to renew the Local Government Proclamation of Pending State of Emergency issued on September 20, 2005, to extend the state of emergency due to the extreme damage caused by Hurricane Rita and the continuing disaster and emergency conditions in the affected areas.
NOW, THEREFORE I, Hal McMillin, President of the Calcasieu Parish Police Jury, by virtue of the authority vested in me by the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., a state of emergency/disaster is declared to continue to exist in the Parish of Calcasieu due to Hurricane Rita, which caused severe storm damage and extreme flooding to private property and public facilities, and continues to threaten the safety, health, and security of the citizens of Southwest Louisiana, therefore, the state of emergency is extended for an additional thirty (30) days from Tuesday, September 20, 2005, through November 24, 2005, unless terminated sooner.
THUS PASSED AND ADOPTED on this, the 20th day of October, 2005.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Parish Administrator
& Ex-Officio Secretary
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It was moved by Mr. Manuel and seconded by Mrs. Griffin to suspend the rules by a two-thirds majority vote to receive a report from Mr. Jim Vickers, Director of the Division of Planning and Development, with reference to permitting issues after Hurricane Rita, and to extend Executive Order #2005-02 dated October 1, 2005, by President McMillin and subsequently ratified by the Police Jury on October 11, 2005, which established a policy prohibiting all individuals or companies who did not possess a current occupational license issued by a governmental entity within Calcasieu Parish from performing such services without first obtaining a Temporary Work Permit. (It was noted that the current Executive Order was scheduled to end on October 24, 2005).
Mr. Vickers advised that this program was started on October 3, 2005, after Hurricane Rita, and approximately 275 companies had been issued a Temporary Work Permit, most of which were out-of-state companies. He explained that the purpose of the program was to make sure the companies had valid insurance, workmen’s compensation, driver’s licenses, etc. Mr. Vickers pointed out that many of the permits in the beginning had been for tree cutting but more of them were now being issued to businesses geared toward restoration of homes, e.g. roofers.
Mr. McMurry suggested that the program be extended for 60 days and if it was no longer needed prior to the end of the extension, it could be terminated. Mr. Manuel then amended his original motion, and Mrs. Griffin (who seconded said motion) agreed to the amendment.
Mr. Landry asked why the program would not be permanent, and Mr. Vickers responded that it originated due to the fact that the Parish was not geared to issue occupational licenses immediately after the hurricane struck. Mr. Vickers pointed out that the Parish was doing this parishwide, including the municipalities, and that the local police departments had been of great assistance in this effort. He advised that out-of-state contractors were required to follow procedures set forth by the State Licensing Board, as well as local procedures and ordinances.
A vote taken on the motion as amended carried unanimously, which was to suspend the rules by a two-thirds majority vote to receive a report from Mr. Jim Vickers, Director of the Division of Planning and Development, with reference to permitting issues after Hurricane Rita, and to extend Executive Order #2005-02 dated October 1, 2005, by President McMillin and subsequently ratified by the Police Jury on October 11, 2005, which established a policy prohibiting all individuals or companies who did not possess a current occupational license issued by a governmental entity within Calcasieu Parish from performing such services without first obtaining a Temporary Work Permit (the current Executive Order scheduled to end on October 24, 2005), with the extension to be for a period of 60 days.
The following resolution was adopted as a result of passage of the foregoing motion.
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20th day of October, 2005, that it does hereby extend the Executive Order #2005-02 signed by President McMillin on October 1, 2005, and subsequently ratified by the Police Jury on October 11, 2005, which established a temporary policy prohibiting all individuals or companies who did not possess a current occupational license issued by a governmental entity within for a period of Calcasieu Parish from performing such services without obtaining a Temporary Work Permit.
BE IT FURTHER AND FINALLY RESOLVED that this extension shall be sixty (60) days.
THUS DONE AND PASSED on the date above inscribed.
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Motion was made by Mr. Stelly and seconded by Mr. Collins that the Division of Planning and Development be authorized to waive permit fees for temporary housing for victims of Hurricane Rita.
Mr. Vickers advised that regardless of the zoning district in which it was located, the Planning staff was allowing people to place FEMA-approved, or their own, travel trailers on property on which they were repairing damages. He further advised that with multiple travel trailers, a rule had been enacted which basically provided that any property in a commercial or industrial zoned district could allow multiple units which would assist business and industry to help their employees by providing housing. Mr. Vickers stated that a number of them had already started this, e.g., Louisiana Pigment.
Mr. Vickers further stated that with respect to non-conforming uses in R-1(Single Family Residential) which were destroyed by the storm, those were normally prohibited from being replaced but that the Planning staff had developed an administrative approval process where those could be replaced.
Mr. Vickers advised that the Planning staff was attempting to address situations where people did not have damage to their home but wanted to set up temporary housing in R-1 (Single Family Residential) or R-2 (Mixed Residential) zoning districts. He stated that caution was needed in these restricted areas in cases where people had homes for resale so that problems for the sale would not occur as a result of placing a lot of travel trailers in those areas. Mr. Vickers further stated that if an individual homeowner who wanted to facilitate that type of housing was administratively refused, they could appeal the decision to the Planning and Zoning Board.
Mr. Vickers explained that there were basically two types of housing, (1) temporary housing, and (2) housing for residents of Cameron Parish who wanted to relocate permanently in Calcasieu Parish. He pointed out that good judgment and common sense would have to be utilized.
Mr. Vickers advised that permit fees were currently being waived for temporary dwellings but that a fee was being charged for electrical inspections. He stated that if it was a FEMA trailer being put in at a resident which still had electrical power and if the FEMA contractor would run a plug, the Parish probably would not inspect it but that if it was an individual or other contractor (besides a FEMA contractor), it was uncertain as to whether a fee would be charged. Mr. Vickers explained that the permit office needed something in writing to know when to waive and when not to waive the fees. He pointed out that there were many scenarios involving housing, and he stated that he needed some feedback with respect to permanent dwellings. Mr. Vickers advised that at the current time, if it was a permanent dwelling, the Parish would charge the normal fee, but if it was a temporary dwelling, the fee would be waived except for perhaps the electrical inspection.
Mr. Clement asked what leverage the Parish would have if the housing already had electrical power, to which Mr. Vickers stated that he hoped that FEMA would tell the Parish when they were delivering a travel trailer so that the Parish could keep a record of these. He advised that the staff would work with FEMA to make sure it was as simple a process as possible, in other words, if it needed an electrical pole, the Parish would inspect it and if the electricity was being run from another residence, the Parish would not inspect it but would keep a log of those.
Mr. Manuel stated that if it was a permanent dwelling, it should be handled by the staff as such and if temporary, it should be handled as temporary.
A vote was taken on the motion on the floor, which was to authorize the Division of Planning and Development to waive permit fees for temporary housing for victims of Hurricane Rita, and said motion carried unanimously.
Upon motion made by Mr. Clement, which was duly seconded by Mrs. Griffin 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 20th day of October, 2005, that it does hereby ratify the execution by the Office of the Parish Administrator of an agreement between the Police Jury and the U.S. Corps of Engineers (Corps) for the lease of space by the Corps at the Parish’s Office of Community Services located at 2424 3rd Street in Lake Charles, Louisiana.
THUS DONE AND PASSED on the date above inscribed.
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It was moved by Mr. Collins, seconded by Mr. Landry 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 20th day of October, 2005, that it does hereby approve the re-submittal of Capital Outlay Requests for Fiscal Year 2006-2007 for the following two projects:
• $750,000 for the expansion, acquisition, planning, and construction related to the Allen P. August Multi-Purpose Center located at 2001 Moeling Street; and
• $2,975,000 for the Burton Memorial Coliseum Complex Renovation.
THUS DONE AND PASSED on the date above inscribed.
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Mr. McMurry announced that Senator Willie Mount had called to advise that the State appropriations for the Mossville sewer project, as well as drainage improvements in the High Hope Road area of Sulphur, had been approved by the State Bond Commission on this date.
There being no further business, motion was made by Mrs. Treme, seconded by Mr. Moon and carried unanimously that the meeting be adjourned.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary