February 2, 2006
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, February 2, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Michael E. Danahay, President, presiding, and the following members present:
Mesdames Elizabeth Conway Griffin and Sandra J. Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, 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; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.
President Danahay called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.
President Danahay 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.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the following applications for liquor and beer permits were approved:
WARD I
Market Basket Stores, Inc.
Skylar Thompson - Pres
MARKET BASKET #27
362 Sam Houston Jones Parkway
Lake Charles, LA 70611 Liquor - Pkg 50.00
(Don Manuel’s District)
Sara of Washington, Inc.
Harry L. Shaheen, Jr. - Pres.
FIVE STAR QUICK STOP
2577 Hwy 171 North
Lake Charles, LA 70611 Liquor - Pkg 50.00
(Don Manuel’s District)
Sara of Washington, Inc.
Harry L. Shaheen, Jr. - Pres.
FIVE STAR QUICK STOP NO. 2
1900 Sam Houston Jones Parkway
Lake Charles, LA 70611 50.00
(Don Manuel’s District)
WARD VI
Daigle’s Petroleum Sales, Inc.
Randy Daigle - Pres.
DPS TRUCK STOP
1193 Hwy. 12 East
DeQuincy, LA 70633 Liquor & Beer - Pkg 93.75
(Sandy Treme’s District)
WARD VII
Earl Stark d/b/a
STARZ CASINO
2466 Toomey Road
Vinton, LA 70668 Liquor & Beer 168.75
(Brent Clement’s District)
TOTAL REMITTANCE: 412.50
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It was moved by Mr. Clement, seconded by Mr. Brame and carried unanimously to approve payment of all current invoices.
Motion was made by Mrs. Griffin, seconded by Mr. Guidry and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated January 5, 2006, be approved, and the reading of same was dispensed with.
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Guidry and carried unanimously, the Agenda Committee Report dated January 26, 2006, was approved as follows:
AGENDA COMMITTEE REPORT
January 26, 2006
A meeting of the Agenda Committee was held on Thursday, January 26, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Cornelius “Cornie” Moon presiding, and the following members present:
Mr. Francis Andrepont, Mr. Guy Brame, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Tony Stelly, and Mrs. Sandra J. Treme
Absent: None
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.
Chairman Moon 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 February 2, 2006.
Following review of the items to be considered by the Police Jury on February 2nd, it was unanimously recommended that the proposed agenda be accepted as presented by the staff, with the following addition:
Advise that a draft of the “Calcasieu Parish Long-Term Community Recovery Plan” would be discussed at a meeting of local elected officials on January 30, 2006. The draft includes comments received during the recent Calcasieu Parish Long-Term Recovery Plan Town Meetings, and the Louisiana Speaks Long-Term Community Recovery Open House.
Also, recommendations for appointments to various boards of special service districts were made by members of the Committee.
There being no further business, Chairman Moon declared the meeting to be adjourned.
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It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously to approve the Public Works Committee Report dated January 26, 2006, as follows:
PUBLIC WORKS COMMITTEE REPORT
January 26, 2006
______________________________________
A meeting of the Public Works Committee was held on Thursday, January 26, 2006, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Elizabeth C. Griffin, Chairman, presiding and the following members present:
Mr. Francis Andrepont, Mr. Guy Brame, Mr. Brent Clement, Mr. Calvin Collins, President Michael E. Danahay, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornie Moon, Mr. Tony Stelly, and Mrs. Sandy Treme
Absent: None
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jimmy Vickers.
Said Committee:
1. Received report from Mr. Paul Rainwater with the City of Lake Charles with reference to debris concerns on vacant lots and/or abandoned properties within the city limits of Lake Charles. He stated that (1) the City was working with the Corps of Engineers and FEMA to develop a procedure for identifying/removing this debris, (2) City inspectors were currently surveying/assessing these locations, and (3) the public could call in complaints to the City’s building inspection/property nuisance department or Mr. Todd Shearman at 491-1211.
2. Received report from staff with reference to the policies and guidelines set forth by FEMA for right-of-way debris removal throughout Calcasieu Parish wherein Mr. McMurry advised that FEMA was in the process of finalizing the policies and guidelines, and those would be presented at a subsequent meeting of the Police Jury, possibly as early as the Regular Meeting on February 2, 2006. Mr. Gremillion reported that inspections were underway of properties that might need to be demolished under the Parish’s condemnation process, in accordance with authorization by the Police Jury at its Regular Meeting on January 19th, for a blanket right-of-entry throughout the Parish, exclusively with the Corps of Engineers.
3. Received report and recommendations from staff regarding drainage management for the Parish. The Committee unanimously recommended that the staff be authorized to immediately initiate development of a parishwide master plan for drainage, and formulate, for consideration by the Police Jury, draft language for drainage and development ordinances needed to address elements of the master plan. The Committee also recommended by an 11-3 vote that the recommendation presented by staff to place gravity drainage operations and maintenance functions within the Police Jury’s Division of Engineering and Public Works, using a phased approach, be referred to the Police Jury’s Drainage Liaison Committee for discussion and further action. (Voting for this recommendation were Mr. Andrepont, Mr. Brame, Mr. Collins, Mr. Guidry, Mr. Guillory, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. McMillin, Mr. Moon, and Mrs. Treme. Voting against the recommendation were Mr. Clement, Mr. Danahay, and Mr. Stelly.) Appearing before the Committee in favor of the report as presented by staff was Mr. Rex Dansby of AFSCME, 311 Fontenot Road, Lake Charles.
4. Received report from the Engineering Staff concerning issues discussed by the Private Road Ad-Hoc Study Group. The Committee recommended approval of the study group’s recommendations to (1) amend the “Conditions for Hardsurfacing and/or Acceptance of Non-Parish Maintained Public Roads” adopted by the Police Jury on April 7, 2005, to stipulate that the cost of hardsurfacing will not exceed $460,000 per mile, instead of $400,000 as originally approved, because of an increase of approximately 15% in hardsurfacing costs due to Hurricane Rita; and (2) that the Police Jury approve, at its Regular Meeting on February 2, 2006, the award of a contract for Calcasieu Parish Project No. 2005-11 which represents the first phase of hardsurfacing these previously non-Parish maintained roads utilizing 2002 sales tax revenues.
5. Recommended by a 12-2 vote that the recommendation of the Planning and Zoning Board be upheld to grant SV07-004-06 which was a request by Mr. Alan Owens for a subdivision variance to allow residential development without public road frontage off of Cormier Road in Ward Seven, Police Jury District 12 (Mr. Clement), and further, that the property not be further re-subdivided. (Voting for this recommendation were Mr. Brame, Mr. Clement, Mr. Collins, Mr. Danahay, Mr. Guidry, Mr. Guillory, Dr. Mackey, Mr. Manuel, Mr. McMillin, Mr. Moon, Mr. Stelly, and Mrs. Treme. Voting against the recommendation were Mr. Andrepont and Mr. Landry.) Mr. Vickers recommended that some type of maintenance plan for the road be submitted, even if it was to be done by the homeowners, and further, that documentation be required of the property owners acknowledging that there will be no further subdividing of the tracts on this private road.
[The Planning and Zoning Board met on Tuesday, January 17, 2006, and voted unanimously to recommend that the request be granted, and further, that the property not be further resubdivided.]
6. Recommended that an ordinance be adopted enacting emergency windloads, and more specifically, the Standard for Hurricane Resistant Residential Construction Code (SSTD 1099) (the “Code”), and further, adopting a map (which is attached to and made a part of this Public Works Committee report) establishing the 110-mph windspeed corridor (as indicated by the green line on the attached map) in substitution for the map on Page 12 of the Code, all as required by Act 12 of the 2005 First Extraordinary Session of the State Legislature which mandated Calcasieu Parish to enforce the Emergency Provisions of the Louisiana State Uniform Construction Code, with the enforcement of same to commence February 27, 2006. The Committee also recommended the adoption of the fee schedule presented by staff for the purpose of offsetting the costs of enforcing the new requirements.
7. Recommended that a resolution be adopted accepting Cooper Place Subdivision located in Section 4, Township 7 South, Range 10 West, off of Cooper Road in Ward Six of Calcasieu Parish. (Police Jury District 11, Mrs. Treme)
8. Recommended that a resolution be adopted accepting Woodland Forest Estates Subdivision Part 3 located in Section 36, Township 8 South, Range 9 West, off of N. Perkins Ferry Road in Ward One of Calcasieu Parish. (Police Jury District 1, Mr. Manuel)
9. Recommended that a resolution be adopted accepting Audubon Acres Subdivision Part 3 located in Section 23, Township 9 South, Range 10 West, off of Audubon Avenue in Ward Four of Calcasieu Parish. (Police Jury District 13, Mr. Andrepont)
10. Recommended that a resolution be adopted accepting Horse Park Subdivision No. 1 located in Section 4, Township 10 South, Range 7 West, off of Boys Village Road in Ward Eight of Calcasieu Parish. (Police Jury District 10, Mr. Stelly)
11. Recommended that a resolution be adopted naming a former private road off of Old River Road located in Ward Five as John P. Gillis Road, said road having been accepted by the Police Jury for parish maintenance on January 19, 2006. (Police Jury District 11, Mrs. Treme)
12. Recommended that a resolution be adopted requesting that the bridge located on Miller Avenue across Marino Bayou in Westlake (Structure No. U10-30151-93142-1, Report No. 070029) be added to the Federal Off-System Bridge Replacement and Rehabilitation Program at an estimated replacement cost of $430,920, and further, that Calcasieu Parish agrees to the following: a) Calcasieu Parish Engineer has determined that the bridge is in need of replacement; b) Calcasieu Parish Engineer has contacted the adjacent property owners at this bridge site and has received tentative verbal agreements that rights-of-way would be available or the Calcasieu Parish Police Jury will obtain the right-of-way by expropriation, if necessary; and c) the Calcasieu Parish Police Jury states that all utilities conflicting with the bridge project will be relocated prior to construction. (Police Jury District 3, Mrs. Griffin, and Police Jury District 14, Mr. McMillin)
13. Recommended that a resolution be adopted authorizing the Department of Animal Services to submit a Disaster Recovery Grant Application to the Humane Society of the United States for additional grant funds to be secured for “Better Than Before-Reconstruction,” and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.
NOTE: the Department was previously awarded a donation check in the amount of $10,000 from the Humane Society of the United States to assist in the repair and/or rebuilding of the animal services facility.
14. Recommended that the Parish Purchasing Agent be authorized to advertise for bids for sewer pumps complete with fiberglass tanks for Sewer District No. Eleven of Ward Three, two herbicide roadside spray trucks, for use by the Division of Engineering and Public Works, one mid-size sedan, for use by Waterworks District No. Five of Wards Three and Eight, two vans, for use by the litter abatement crews, and two one-half ton pickup trucks, for use by the Mosquito Control Department.
15. Recommended that the Parish Purchasing Agent be authorized to purchase two tractors and boom mowers, utilizing State Contract Purchasing Procedures, for use by the Division of Engineering and Public Works.
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Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that Recommendation No. 1 of the Public Works Committee be approved.
It was moved by Mr. Andrepont and seconded by Mr. Stelly to approve Recommendation No. 2 of the Public Works Committee. With regard to said recommendation, Mr. Beam suggested that any specific issues or concerns concerning eligibility for debris removal be forwarded to him and after collecting them, he would direct them to FEMA (Federal Emergency Management Agency), pointing out that FEMA had made a commitment to try and get answers to the jurors on these specific issues by the following day (February 3, 2006). Mr. Beam advised that some of the decisions would have to be made by FEMA officials further up in the hierarchy of the organization than the local FEMA representatives. Mr. Beam also advised that representatives of FEMA and the U.S. Army Corps of Engineers (the Corps) were in attendance at the meeting on this date and were looking to address specific issues.
Mr. McMillin asked what the procedure was for appealing a decision made by FEMA insofar as eligibility for debris removal, and Mr. Pete Weurpal of FEMA’s Public Assistance Department, appeared before the Police Jury to advise that the Parish should send a letter identifying the determination that was being contested. He further advised that this would go to the State, and the State would send a recommendation to FEMA.
Mr. Manuel stated that mobile homes which had been completely demolished by trees falling on them during the hurricane were being torn down and placed by the road for pick-up, and he asked if this was eligible under the debris removal program. Mr. Weurpal stated that any debris that was eligible must be as a result of storm-related damage, and each mobile home would have to be addressed individually as to its eligibility for pick-up.
A vote taken on the motion on the floor carried unanimously.
Motion was made by Mr. McMillin and seconded by Mr. Stelly that Recommendation No. 3 of the Public Works Committee as outlined heretofore be approved.
In answer to a question by Mr. Manuel, Mr. McMurry stated that there was really no way to conduct a parishwide drainage operation without utilizing the workforce currently available through the individual drainage districts. Mr. McMurry explained that there would be a customary probationary period, but assuming the employees performed the way they were expected to, there would be no foreseen reduction in workforce.
A vote taken on the motion on the floor carried unanimously.
Upon motion made by Mrs. Treme, which was duly seconded by Mr. Stelly and carried unanimously, Recommendation No. 4 of the Public Works Committee was approved; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 2nd day of February, 2006, that it does hereby amend the “Conditions for Hard surfacing and/or Acceptance of Non-Parish Maintained Public Roads”, which was adopted on April 7, 2005, due to an increase in hardsurfacing costs since Hurricane Rita, to read in its entirety as follows:
REQUIREMENTS FOR HARDSURFACING ACCEPTANCE
1.Road must be on the Master List of Non-Parish Maintained Public Roads and funding must be available from financial reserve set aside for this purpose after determination of priority based on density of population along road.
2.Road must serve two or more landowners not in the same immediate family, no gates may be across the road, and there must be no prohibition against anyone using the road unless established by the Police Jury.
3.100% of the right-of-way for the road must be donated. Exceptions may be made by a majority vote of the Police Jury to expropriate the necessary right-of-way due to non-resident landowners or other extenuating circumstances.
4.The total cost of harsurfacing, including costs of relocation utilities and purchase and installation of culverts and driveways necessary for the installation of a public roadside drainage system, will not exceed the rate of $460,000 per mile on any individual road.
5.Costs for relocation of property owner improvements such as mailboxes, fences, or landscaping will not be the responsibility of the Parish.
6.At least 80% of the homeowners, and at least 50% of the property owners measured by road frontage, must petition the Police Jury to take the road into the Parish road system.
7.The road must not be subject to riverine flooding or excessive environmental conditions such as wetland mitigation.
REQUIREMENTS FOR NON-HARDSURFACING ACCEPTANCE
1.Road must be on the Master List of Non-Parish Maintained Public Roads.
2.Road must serve two or more landowners not in the same immediate family, no gates may be across the road, and there must be no prohibition against anyone using the road unless established by the Police Jury.
3.100% of the right-of-way for the road must be donated. Exceptions may be made by a majority vote of the Police Jury to expropriate the necessary right-of-way due to non-resident landowners or other extenuating circumstances.
4.Costs for relocation of utilities such as electric, gas, water, phone, or cable lines, or property owner improvements such as mailboxes, fences, or landscaping, lying within or immediately adjacent to the right-of-way, will not be the responsibility of the Parish.
5.At least 80% of the homeowners, and at least 50% of the property owners measured by road frontage, must petition the Police Jury to take the road into the Parish road system.
6.The road must not be subject to riverine flooding or excessive environmental conditions such as wetlands mitigation.
7.The road must meet the standards as shown on the Residential Minimum Aggregate Standard dated January 18, 2005.
THUS DONE AND PASSED on the date above inscribed.
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Motion was made by Mr. Clement and seconded by Mr. McMillin that Recommendation No. 5 of the Public Works Committee as outlined above be approved.Mr. Alan Owens, 5839 Secretariat Drive, Vinton, appeared before the Police Jury to answer any questions the jurors might have regarding this recommendation.
There being none, a vote taken on the motion on the floor carried, with Mr. Andrepont and Mr. Landry voting in opposition to said motion.
It was moved by Dr. Mackey, seconded by Mr. Moon and carried unanimously to approve Recommendation No. 6 of the Public Works Committee; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5025
AN ORDINANCE amending Chapter 6 – Buildings, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 2nd day of February, 2006, that it does hereby amend Chapter 6 – Buildings, of the Code of Ordinances of Calcasieu Parish, Louisiana, by adding an article to include the enactment of the Standard for Hurricane Resistant Residential Construction Code (SSTD 10-99) and amending the fee schedule, as follows:
SECTION I. Chapter 6 — Buildings, is hereby amended to include Article VIII. Standard for Hurricane Resistant Residential Construction Code (SSTD 10-99), to read as follows:
ARTICLE VIII. STANDARD FOR HURRICANE RESISTANT RESIDENTIAL CONSTRUCTION CODE (SSTD 10-99).
(Secs. 6-205 — 6-215. Reserved.)
Sec. 6-216. Adopted.
There is hereby adopted by the Calcasieu Parish Police Jury that certain code known as the Standard for Hurricane Resistant Residential Construction (SSTD 10-99), as required by Act 12 of the 2005 First Extraordinary Session of the State Legislature, being particularly the 1999 edition (hereinafter referred to as the “code”), and the whole thereof, saving and except such portions of the code as are hereinafter deleted, modified or amended.
The same is adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be to provide design and construction details for improving the structural performance of single and multi-family dwelling within the unincorporated limits of Calcasieu Parish, Louisiana.
No less than three (3) copies of the code have been and are now filed in the Office of Planning and Development of Calcasieu Parish, Louisiana.
Sec. 6-217. Fees and Inspections.
(a) Residential Construction Permit Fee:
$25.00 (flat fee) + $0.05 per total sq. ft.
(b) Commercial/Light Industrial Construction Permit Fee:
$50.00 (flat fee) + $0.10 per total sq. ft.
Sec. 6-218. Amendments.
The code adopted by this article is hereby amended in the following respect:
(a)Figure 104A on page 12 of the Code is replaced by “Projected 110 MPH Windspeed Corridor Map” as adopted by the Calcasieu Parish Police Jury on February 2, 2006, a copy of said map being attached hereto and made a part hereof and filed in the archives of the Police Jury.
BE IT FURTHER ORDAINED that enforcement of this ordinance shall become effective on February 27, 2006.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 2nd day of February, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Parish Administrator &
Ex-Officio Parish Secretary
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Upon motion made by Mrs. Griffin, which was duly seconded by Mrs. Treme and carried unanimously, Recommendation No. 7 of the Public Works Committee was approved, and the following resolution was adopted:
RESOLUTION
WHEREAS, H. Glen Rhodes subdivided certain property in Ward Six of Calcasieu Parish, Louisiana, known as Cooper Place Subdivision, a subdivision in Section 4, Township 7 South, Range 10 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 K. Carl Johnson, Registered Land Surveyor No. 4866, 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 February 17, 2006, and will bear File No. 2749256.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of February, 2006, that it does hereby officially accept the plat of Cooper Place Subdivision in Ward Six of Calcasieu Parish, Louisiana.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by Mr. Manuel, seconded by Mr. Clement and carried unanimously that Recommendation No. 8 of the Public Works Committee be approved; whereupon, the following resolution was adopted:
RESOLUTION
WHEREAS, Wallace Nichols, Manager, subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as Woodland Forest Estates Subdivision Part Three, a subdivision in Section 36, Township 8 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 William L. Haymon, Registered Land Surveyor No. 1823, 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 February 6, 2006, and will bear File No. 2747925.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of February, 2006, that it does hereby officially accept the plat of Woodland Forest Estates Subdivision Part Three in Ward One of Calcasieu Parish, Louisiana, including South Woodland Forest Drive, Jessica Drive and Ethan Drive located within said subdivision, for future maintenance by the Parish.
* * * * * * * * * * * *
It was moved by Mr. Andrepont, seconded by Mr. Moon and carried unanimously to approve Recommendation No. 9 of the Public Works Committee and to adopt the following resolution:
RESOLUTION
WHEREAS, John Gregory et al, subdivided certain property in Ward Four of Calcasieu Parish, Louisiana, known as Audubon Acres Subdivision Part Three, a subdivision in Section 23, Township 9 South, Range 10 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 February 6, 2006, and will bear File No. 2747926.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of February, 2006, that it does hereby officially accept the plat of Audubon Acres Subdivision Part Three in Ward Four of Calcasieu Parish, Louisiana, including Kildeer Street located within said subdivision, for future maintenance by the Parish.
* * * * * * * * * * * *
Upon motion made by Mr. Stelly, which was duly seconded by Mr. Collins and carried unanimously, Recommendation No. 10 of the Public Works Committee was approved, and the following resolution was adopted:
RESOLUTION
WHEREAS, Russell Moss, subdivided certain property in Ward Eight of Calcasieu Parish, Louisiana, known as Horse Park Subdivision No. One, a subdivision in Section 4, Township 10 South, Range 7 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 J. O’neil Hebert III, Registered Land Surveyor No. 4584, 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 February 6, 2006, and will bear File No. 2747924.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of February, 2006, that it does hereby officially accept the plat of Horse Park Subdivision No. One in Ward Eight of Calcasieu Parish, Louisiana, including Palomino Drive located within said subdivision, for future maintenance by the Parish.
* * * * * * * * * * * *
Motion was made by Mrs. Treme, seconded by Mrs. Griffin and carried unanimously that Recommendation No. 11 of the Public Works Committee be approved; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 2nd day of February, 2006, that it does hereby officially name a former private road off of Old River Road, located in Ward Five, as John P. Gillis Road, said road having been accepted by the Police Jury for future parish maintenance on January 19, 2006.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
It was moved by Mr. McMillin, seconded by Mr. Manuel and carried unanimously to approve Recommendation No. 12 of the Public Works Committee; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 2nd day of February, 2006, that it does hereby request that the bridge located on Miller Avenue across Marino Bayou in Westlake (Structure No. U10-30151-93142-1, Report No. 070029) be added to the Federal Off-System Bridge Rehabilitation and Replacement Program at an estimated replacement cost of $430,920.
BE IT FURTHER AND FINALLY RESOLVED that Calcasieu Parish agrees to the following:
a) Calcasieu Parish Engineer has determined that the bridge is in need of replacement;
b) Calcasieu Parish Engineer has contacted the adjacent property owners at this bridge site and has received tentative verbal agreements that rights-of-way would be available or the Calcasieu Parish Police Jury will obtain the right-of-way by expropriation, if necessary; and
c) The Calcasieu Parish Police Jury states that all utilities conflicting with the bridge project will be relocated prior to construction.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, Recommendation No. 13 of the Public Works Committee was approved, and the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 2nd day of February, 2006, that it does hereby authorize the Department of Animal Services to submit a Disaster Recovery Grant Application to the Humane Society of the United States for additional grant funds to be secured for “Better Than Before-Reconstruction”.
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.
* * * * * * * * * * * *
Motion was made by Mr. McMillin, seconded by Mr. Guillory and carried unanimously that Recommendation No. 14 of the Public Works Committee be approved as outlined above.
It was moved by Mr. Collins, seconded by Mrs. Griffin and carried unanimously to approve Recommendation No. 15 of the Public Works Committee.
Upon motion made by Dr. Mackey, which was duly seconded by Mr. Manuel and carried unanimously, the following resolution was adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Harvey E. Kuttner to dredge and remove approximately 2000 cubic yards of accumulated bottom sediment from the Cline Canal to provide a 35 feet wide by 600 feet long by 6 feet deep channel to support a passage of marine vessels. Dredged material would be placed within a 100 feet by 450 feet non-wet area adjacent to Cline Canal. Said project is located in Cline Canal and an adjacent upland area, in the City of Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Harvey E. Kuttner relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of Lake Charles.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of February, 2006, that it does hereby indicate no objection to the proposal of Harvey E. Kuttner to dredge and remove approximately 2000 cubic yards of accumulated bottom sediment from the Cline Canal to provide a 35 feet wide by 600 feet long by 6 feet deep channel to support a passage of marine vessels. Dredged material would be placed within a 100 feet by 450 feet non-wet area adjacent to Cline Canal. Said project is located in Cline Canal and an adjacent upland area, in the City of Lake Charles, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by Mr. Stelly, seconded by Mr. Moon and carried unanimously that the following resolution be adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by FDH Development, Inc. to clear, grub, grade and redistribute approximately 1,200 cubic yards of native earthen material and place about 6,300 cubic yards of hauled-in clay and concrete aggregate material, all necessary to construct roadways, house foundations, and driveways for a residential subdivision (Lafitte Landing). Project implementation would impact approximately 13.0 acres, of which 0.45 acres have been identified as jurisdictional wetlands. Said project is located off Sallier Street, Sec. 38, T10S-R9W, in the City of Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of FDH Development, Inc. relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of Lake Charles.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of February, 2006, that it does hereby indicate no objection to the proposal of FDH Development, Inc. to clear, grub, grade and redistribute approximately 1,200 cubic yards of native earthen material and place about 6,300 cubic yards of hauled-in clay and concrete aggregate material, all necessary to construct roadways, house foundations, and driveways for a residential subdivision (Lafitte Landing). Project implementation would impact approximately 13.0 acres, of which 0.45 acres have been identified as jurisdictional wetlands. Said project is located off Sallier Street, Sec. 38, T10S-R9W, in the City of Lake Charles, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
It was moved by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously to adopt the following resolution:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Dana Harper to remove existing docks/walkways and storage unit, install 126 linear feet of bulkhead and place 470 cubic yards of hauled-in earthen fill, all to stabilize eroding shorelines and provide additional yard. Approximately 0.07 acres of other waters will be filled for shoreline protection purposes. Said project is located along the right descending bank of Contraband Bayou, at 1001 Terry Lane, in the City of Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Dana Harper relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of Lake Charles.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of February, 2006, that it does hereby indicate no objection to the proposal of Dana Harper to remove existing docks/walkways and storage unit, install 126 linear feet of bulkhead and place 470 cubic yards of hauled-in earthen fill, all to stabilize eroding shorelines and provide additional yard. Approximately 0.07 acres of other waters will be filled for shoreline protection purposes. Said project is located along the right descending bank of Contraband Bayou, at 1001 Terry Lane, in the City of Lake Charles, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by Mr. Andrepont, 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 January 31, 2006, on the following cases, and further, that an ordinance be adopted with respect to each piece of property:
AP03-256-05 (Calcasieu Street-lot only) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $650.00 by Ms. Matilda Miller be accepted.
AP03-257-05 (Colletta Street-vacant lot) (Police Jury District 4, Mr. Guillory)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,200.00 by Mr. Jonald Joseph Walker III be accepted.
AP03-264-05 (Ruth Street-vacant lot) (Police Jury District 5, Dr. Mackey)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,300.00 by Mr. Murphy James Bellard be accepted.
AP03-270-05 (N. Moss Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $450.00 by Ms. Lydia Larce be accepted.
AP03-275-05 (Hayes Street-vacant lot) (Police Jury District 5, Dr. Mackey)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $850.00 by Ms. Betty Larce be accepted.
AP03-277-05 (Boston Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $150.00 by Mr. Robert Lynn Lewis be accepted.
AP03-278-05 (Reid Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,500.00 by Mr. Michael Joubert be accepted.
AP03-279-05 (Boston Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $400.00 by Mr. Robert Lynn Lewis be accepted.
AP03-280-05 (N. Grace Street-vacant lot) (Police Jury District 12, Mr. Clement)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,500.00 by Mr. Michael Joubert be accepted.
AP03-281-05 (N. Prater Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,900.00 by Ms. Gertrude Rideaux Captain be accepted.
AP03-262-05 (8th Street-vacant lot) (Police Jury District 4, Mr. Guillory)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,300.00 by Mr. Jonald Joseph Walker III be accepted.
AP03-263-05 (S. Bank Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,100.00 by Mr. Jonald Joseph Walker III be accepted.
AP03-266-05 (Boston Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,300.00 by Mr. Robert Lynn Lewis be accepted.
AP03-274-05 (N. Goos Street-vacant lot) (Police Jury District 2, Mr. Collins)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,700.00 by Mr. Robert Colston, Jr. be accepted.
AP03-283-05 (Mill Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,400.00 by Mr. Jonald Joseph Walker III be accepted.
AP03-284-05 (Railroad Avenue-vacant lot) (Police Jury District 4, Mr. Guillory)
No bids were received; therefore, this property will be readvertised on February’s adjudicated property list.
AP03-285-05 (321 Hodges Street) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $10,700.00 by Mr. Robert Lynn Lewis be accepted.
AP03-286-05 (Hinton Drive-vacant lot) (Police Jury District 4, Mr. Guillory)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,900.00 by Mr. Christopher Stills be accepted.
AP03-287-05 (S. Lyons Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $850.00 by Mr. Timothy Jermaine Thomas be accepted.
AP03-288-05 (N. Booker Street-vacant lot) (Police Jury District 2, Mr. Collins)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,500.00 by Mr. Robert Lynn Lewis be accepted.
AP03-289-05 (N. Adams Street-vacant lot) (Police Jury District 2, Mr. Collins)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,400.00 by Mr. Andrew J. Smith, Jr. be accepted.
AP03-290-05 (N. Adams Street-vacant lot) (Police Jury District 2, Mr. Collins)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,200.00 by Mr. Robert Lynn Lewis be accepted.
AP03-291-05 (S. Franklin Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $5,000.00 by Mr. Joseph E. Austin be accepted.
AP03-292-05 (S. Franklin Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,200.00 by Mr. Joseph E. Austin be accepted.
AP03-293-05 (2410 Mary Street) (Police Jury District 2, Mr. Collins)
This property was redeemed; therefore, no action is needed.
AP03-294-05 (N. Booker Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $6,200.00 by Mr. Gerald Eaglin be accepted.
AP03-295-05 (Madison Street-vacant lot) (Police Jury District 5, Dr. Mackey)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $300.00 by Mr. Paul Martin Redfud be accepted.
AP03-296-05 (S. Hodges Street-vacant lot) (Police Jury District 3, Mrs. Griffin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $8,000.00 by Mr. Jonald Joseph Walker III be accepted.
AP04-267-05 (Phillips Street-vacant lot) (Police Jury District 13, Mr. Andrepont)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $5,100.00 by Ms. Karen Alston be accepted.
AP04-297-05 (2100 Carlin Street) (Police Jury District 14, Mr. McMillin)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $7,400.00 by Mr. Michael E. Stein be accepted.
* * * * * * * * * * * *
As a result of passage of the foregoing motion (to approve the recommendations of the Director of Planning and Development and to adopt ordinances with respect to sales of these properties), the following ordinances were adopted:
ORDINANCE NO. 5026
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 52 Katula Sub; (AP03-256-05; Tax Assessment No. 365408); 200 Block of Calcasieu Street - lot only in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Matilda Miller, her designated agent, or assignee for the consideration of $650.00 (six hundred fifty dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: Lot 52 Katula Sub; (AP03-256-05; Tax Assessment No. 365408); 200 Block of Calcasieu Street - lot only 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 Ms. Matilda Miller, to purchase said property for the consideration of $650.00 (six hundred fifty 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. Matilda Miller, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 2nd day of February, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: Lot 52 Katula Sub; (AP03-256-05; Tax Assessment No. 365408); 200 Block of Calcasieu Street - lot only 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 Ms. Matilda Miller, her designated agent, or assignee for and in consideration of $650.00 (six hundred fifty 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:
(1) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning