February 16, 2006
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, February 16, 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; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Ed McGuire of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Claude Smart, Parish Engineer; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.
President Danahay called the meeting to order. The invocation was pronounced by Mrs. Treme which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.
Mrs. Treme introduced Mr. Nicholas Kohrs, who had recently been accepted as an intern into the Bryce Harlow Institute on Business and Government Affairs in Washington, D.C., through Georgetown University.
Mr. Kohrs stated that it had been a great honor to be selected to attend Georgetown University due to the fact that only 50 students were selected each summer for this internship. He spoke of his political aspirations, to someday be a police juror or state legislator. Mr. Kohrs advised that he had received a $1,500 scholarship, but tuition and housing alone were $6,000, and he stated that any monetary contributions toward his future would be greatly appreciated.
Mrs. Treme stated that the Police Jury could not legally make donations to such causes but that hopefully, by appearing before the Jury, people would see how far Mr. Kohrs had come in such a short time and hopefully assist him financially in his endeavors.
President Danahay recognized Mr. Charlie Atherton, a candidate for Mayor of Sulphur in the upcoming election, as being present in the audience. Mr. Atherton, 122 Vine Street, Sulphur, briefly addressed the Police Jury with reference to his candidacy and platform.
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 III
The Boarding House, Inc.
Rose White Tower - Pres.
THE BOARDING HOUSE
3353 Hwy. 14 E
Lake Charles, LA 70607 Liquor & Beer 168.75
(Kevin Guidry’s District)
WARD IV
Vincent Beglis Parkway, Inc.
Burt Vincent - Pres.
WAGIN CAJUN
2706-A South Beglis Prkwy
Sulphur, LA 70665 Liquor & Beer 168.75
(Mike Danahay’s District)
Crown Petroleum, Inc.
Mohammad Butt - Sec.
QUICK CHECK #9
3227 Hwy 27 S
Sulphur, LA 70665 Liquor & Beer - Pkg. 93.75
(Brent Clement’s District)
WARD V
Linda Gibson d/b/a
CROSSROAD STORE
790 Old River Road
Starks, LA 70661 Beer - Pkg. 31.25
(Sandy Treme’s District)
TOTAL REMITTANCE: 462.50
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It was moved by Mr. Andrepont, seconded by Mr. Stelly and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated January 19, 2006, and the reading of same was dispensed with.
President Danahay advised that no action was needed on Road Abandonment Case RA04-001-06 which was a request by Rayward Leger for abandonment of Ras Ellender Road in Ward Four, Police Jury District 12 (Mr. Clement’s district), due to the fact that the request had been withdrawn.
President Danahay advised that action was needed on Zoning Case RZ01-006-06 which was a request by Terrell Properties, LLC, to rezone from R-2 (Mixed Residential) to R-M (Multi-Family Residential) to allow patio homes on You Winn Road in Ward One, Police Jury District 2 (Mr. Collins’ district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, February 14, 2006, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the development be limited to 14 patio homes; (3) that all drives and parking must be hardsurfaced (concrete or asphalt); (4) that a centralized postal-approved mailbox must be provided upon completion of the eighth patio home or within 24 months, which occurs first; and (5) that an enclosed dumpster be provided upon completion of the eighth patio home or within 24 months, whichever occurs first.
Motion was made by Mr. Collins and seconded by Dr. Mackey that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-006-06 and that the request be granted with the stipulations outlined by said Board.
Mr. Manuel stated that the subject area was prone to flooding, and he felt the drainage problems should be corrected first.
Mr. Vickers read into the record an additional stipulation which had been developed by the staff, said stipulation being as follows: that a drainage plan be submitted for approval to Gravity Drainage District No. Eight of Ward One, as well as the Division of Engineering and Public Works, prior to commencement of construction.
Mr. Collins amended his motion, and Dr. Mackey (who seconded the motion) accepted said amendment, to include the stipulation as outlined by Mr. Vickers.
A vote taken on the motion as amended carried unanimously; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5054
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Terrell Properties, LLC to rezone from R-2 (Mixed Residential) to R-M (Multi Family Residential) to allow patio homes on the property described as: Com at the SE cor of the SW/4 of S33, T8S, R8W; thence run W along the S line of said SW/4 a distance of 848.50 ft; thence run N a distance of 180 ft m/l to the pob, thence N 207 ft m/l, thence E 579 ft m/l, thence S 198 ft m/l, thence W 196 ft m/l, thence S 179 ft m/l, thence W 60 ft, thence N 179 ft m/l, thence W 322 ft m/l, to the poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16th day of February, 2006, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:
From R-2 (Mixed Residential) to R-M (Multi Family Residential) to allow patio homes with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the development be limited to 14 patio homes; 3) that all drives and parking must be hardsurfaced (concrete or asphalt); 4) that a centralized postal approved mailbox must be provided upon completion of the eighth patio home or within 24 months, whichever occurs first; 5) that an enclosed dumpster be provided upon completion of the eighth patio home or within 24 months, whichever occurs first and 6) that a drainage plan be submitted for approval to Gravity Drainage District No. Eight of Ward One, as well as the Calcasieu Parish Division of Engineering and Public Works, prior to commencement of construction on the property described as: Com at the SE cor of the SW/4 of S33, T8S, R8W; thence run W along the S line of said SW/4 a distance of 848.50 ft; thence run N a distance of 180 ft m/l to the pob, thence N 207 ft m/l, thence E 579 ft m/l, thence S 198 ft m/l, thence W 196 ft m/l, thence S 179 ft m/l, thence W 60 ft, thence N 179 ft m/l, thence W 322 ft m/l, to the poc.
Zoning Case RZ01-006-06
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Danahay advised that action was needed on Zoning Case RZ01-005-06 which was a request by Terrell Properties, LLC, to rezone from R-1 (Single Family Residential) to R-M (Multi-Family Residential) to allow patio homes on North Huval Drive in Ward One, Police Jury District 1 (Mr. Manuel’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, February 14, 2006, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the development be limited to 17 patio homes; (3) that all drives and parking must be hardsurfaced (concrete or asphalt); (4) that a centralized, postal-approved mailbox must be provided upon completion of the eighth patio home or within 24 months, whichever occurred first; (5) that an enclosed dumpster be provided upon completion of the eighth patio home or within 24 months, whichever occurred first; and (6) all construction traffic must utilize Sam Houston Jones Parkway.
Motion was made by Mr. Manuel, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-005-06 and that the request to rezone be granted with the stipulations outlined by said Board, and with the addition of two stipulations, those being that a drainage plan be submitted for approval to Gravity Drainage District No. Eight of Ward One, as well as the Calcasieu Parish Division of Engineering and Public Works, prior to commencement of construction, and further, that a permanent access road be constructed to provide access to the development from Sam Houston Jones Parkway (Louisiana Highway 378), in addition to current access to the development from North Huval Drive.
As a result of passage of the foregoing motion, the following ordinance was adopted:
ORDINANCE NO. 5055
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Terrell Properties, LLC to rezone from R-1 (Single Family Residential) to R-M (Multi Family Residential) to allow patio homes on the property described as: The N 550 ft of the following: Com 660 ft E of the SW cor of the SE/4 of the SE/4 of S6, T9S, R8W; thence N 880 ft; thence W 419 ft; thence S 634 ft; thence E 74 ft; thence S 246 ft; thence E 345 ft; to poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16th day of February, 2006, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:
From R-1 (Single Family Residential) to R-M (Multi Family Residential) to allow patio homes with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the development be limited to 17 patio homes; 3) that all drives and parking must be hardsurfaced (concrete or asphalt); 4) that a centralized postal approved mailbox must be provided upon completion of the eighth patio home or within 24 months, whichever occurs first; 5) that an enclosed dumpster be provided upon completion of the eighth patio home or within 24 months, whichever occurs first; 6) all construction traffic must utilize Sam Houston Jones Parkway: 7) that a drainage plan be submitted for approval to Gravity Drainage District No. Eight of Ward One, as well as the Calcasieu Parish Division of Engineering and Public Works, prior to commencement of construction; and 8) a permanent access road be constructed to provide access to the development from Sam Houston Jones Parkway (Louisiana Highway 378), in addition to current access to the development from North Huval Drive on the property described as: The N 550 ft of the following: Com 660 ft E of the SW cor of the SE/4 of the SE/4 of S6, T9S, R8W; thence N 880 ft; thence W 419 ft; thence S 634 ft; thence E 74 ft; thence S 246 ft; thence E 345 ft; to poc.
Zoning Case RZ01-005-06
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
President Danahay advised that action was needed on a revision to Zoning Case RZ03-001-96 which was a request by David Fruge to amend Ordinance No. 3745 to increase density requirements from six units to seven units at 5720 C. Perry Lane in Ward Three, Police Jury District 6 (Mr. Moon’s district). He further advised that the Planning and Zoning Board had met on Tuesday, February 14, 2006, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development. [On January 18, 1996, the Police Jury granted the petitioner’s request to rezone from R-2 (Mixed Residential) to R-M (Multi-Family Residential) with the following stipulations: (1) that density be limited to six units; and (2) that use shall be restricted to one garage apartment, one single-family residence, and two existing duplexes. On June 17, 2004, the Petitioner requested an amendment to allow him to construct one more duplex, which the Police Jury denied. The petitioner is currently requesting to amend Ordinance No. 3745 to remove Stipulation No. 1 that states that the density be limited to six units in order to increase density requirements from six units to seven units.]
In answer to a question by Mr. Landry, Mr. Vickers stated that the Parish needed additional housing in the wake of Hurricane Rita. Mr. Vickers further stated that the proposed additional duplex would be constructed between two existing duplexes, where there was plenty of room, and he did not see a problem with the request.
A vote taken on the motion on the floor carried unanimously; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5056
AN ORDINANCE amending Ordinance No. 3745, adopted by the Police Jury on January 18, 1996, (Zoning Case RZ03-001-96), Stipulation No. 1.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of February, 2006, that Ordinance No. 3745, adopted by the Police Jury on January 18, 1996, (Zoning Case RZ03-001-96); Stipulation No. 1 is hereby amended to read in its entirety as follows: density be limited to seven units; on the following property:
Lot 42 of Brigas Acres, Part II.
Zoning Case RZ03-001-96
BE IT FURTHER ORDAINED that the above described property is hereby classified and ratified as R-M (Multi-Family Residential).
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
This ordinance was adopted on the 16th day of February, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Danahay advised that action was needed on Zoning Case RZ08-004-06 which was a request by Donovan L. Elliott to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow a contractor’s shop (welding and tractor repair service) at 2541 Beauvoir Drive in Ward Eight, Police Jury District 10 (Mr. Stelly’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, February 14, 2006, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that only the .69 acres be zoned to I-1 (Light Industrial); (3) that the use be limited to a contractor’s shop only (welding and tractor repair service); and (4) that should the business cease, the property shall revert to A-1 (Agricultural).
Upon motion made by Mr. Stelly, which was duly seconded by Mr. Andrepont and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ08-004-06, and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5057
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Donovan L. Elliott to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow a contractor’s shop (welding and tractor repair service) on the property described as: The S/2 of Tract 9 of Bon Terre Part VI, a subdivision as per plat recorded in Plat Book 30, page 13, records of Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16th day of February, 2006, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Eight of this parish:
From A-1 (Agricultural) to I-1 (Light Industrial) to allow a contractor’s shop (welding and tractor repair service) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that only the .69 acres be zoned to I-1 (Light Industrial); 3) that the use be limited to a contractor’s shop only (welding and tractor repair service); and 4) that should the business cease, that property shall revert to A-1 (Agricultural); on the property described as: The S/2 of Tract 9 of Bon Terre Part VI, a subdivision as per plat recorded in Plat Book 30, page 13, records of Calcasieu Parish, Louisiana.
Zoning Case RZ08-004-06
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Michael E. Danahay, President
/s /S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Danahay advised that action was needed on Zoning Case RZ04-036-05 which was a request by Dalton Langford to rezone from A-1 (Agricultural) and I-1 (Light Industrial) to R-MHP (Manufactured Home Park) to allow an expansion of an existing RV park (72 lots) on South Beglis Parkway in Ward Four, Police Jury District 15 (Mr. Danahay’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, February 14, 2006, and voted unanimously to recommend that the request be denied. The Staff recommended that the request be granted, and should the Police Jury grant the request, the Board recommended the following stipulations: (1) that the development adhere to the site plan on file, provided that the Director of Planning and Development or designee may authorize adjustments to site plans in light of technical or engineering considerations discovered during development; (2) that a six-foot wooden privacy fence be installed along the east and south property line upon completion of Phase I; and (3) that the use be limited to an RV park.
Motion was made by Mrs. Treme and seconded by Mr. Manuel that the recommendation of the Planning and Zoning Board be upheld with respect to RZ04-036-05 and that the request to rezone be denied.
Mr. McMillin asked for clarification from Mr. Vickers as to why the staff had recommended approval of the rezoning request, and the Planning and Zoning Board had voted to deny the request.
Mr. Vickers stated that this case was like any other controversial zoning case which involved differences of opinion. He explained that one of the main factors considered by the staff was the need for additional housing to complete the Parish’s recovery from Hurricane Rita. Mr. Vickers further explained that another factor in the staff’s recommendation was the fact that the majority of Mr. Langford’s tract of land was currently zoned I-1 (Light Industrial), with three acres being zoned A-1 (Agricultural).
Mr. Vickers stated that at the Planning and Zoning Board hearing, the opponents had done an outstanding job in making their case with respect to why they did not want the development in their area, and the Board had given them ample opportunity to express their opposition. Mr. Vickers reiterated the staff’s feeling that the rezoning would provide much-needed housing, pointing out that FEMA had to “pull off of” a potential site for a group recreational vehicle park due to adverse soil conditions which made it not a viable site for housing.
Mr. McMillin stated that there was definitely a need for FEMA housing in the area, but everyone seemed to have the “NIMBY” or “not in my backyard” syndrome. He commended the people who had called him with their concerns about the proposed rezoning but that he would like to see a compromise on everyone’s part. Mr. McMillin pointed out that there was already a trailer park in the subject area and that it was a good place to live.
Mr. McMillin talked about the possibility of deferring action on this matter so that those involved could explore different ideas in an effort to diffuse some of the problems the residents had with the proposal.
Mr. Vickers stated that he felt anytime there were opposing sides on an issue, there was room for compromise, and he felt that given the situation Mr. Langford was currently in, he would be agreeable to a compromise. Mr. Vickers stated that he thought the plan could be adjusted to have less impact on the neighborhood, and the staff could negotiate a compromise if that was the direction in which the Police Jury wanted them to head.
Mr. Dalton Langford, 806 Inwood Forest Boulevard, Sulphur, appeared before the Police Jury and stated he was pleased to be in a position to offer housing for people who did not have a place to live after Hurricane Rita.
Mr. McMillin asked Mr. Langford if he had a waiting list of over 100 people for occupancy of the proposed RV-park, to which Mr. Langford stated that the list was in excess of 150 people. Mr. Langford stated that he furnished places for people to live to keep the industries going, and those people earned approximately $60,000 - $70,000 per year.
Mr. Langford stated that he was at the Police Jury’s disposal, that Mr. Vickers had said he needed housing, and he (Mr. Langford) had eight acres which could be developed for that purpose. Mr. Langford also stated that he had planned to fence the development and provide security, but if the members of the Police Jury did not vote to change the zoning, he would stand by their decision.
President Danahay announced that a lot of people had submitted a “Request to Appear” card to speak on this matter but that three people would be allowed to address the Jury for a maximum of three minutes each.
Mr. Chad Sherman, 4014 Oak Lane, Sulphur, appeared before the Police Jury and stated that the residents did not want a RV-park surrounding their homes and while he understood that Mr. Langford was a businessman, his (Mr. Sherman’s) whole investment was in his home.
Mr. Darrell Wilburn, 763 Deere Lane, Sulphur, appeared before the Police Jury and presented a petition containing signatures of persons who were opposed to Mr. Langford’s request for rezoning and his proposal. Mr. Wilburn also distributed copies of the subdivision’s deed restrictions, one of which stated that there would be only residential homes in the subdivision. Mr. Wilburn advised that there was a tract of land containing 18.73 acres located one-half mile west of the proposed location for the RV-park, and said property was not in a residential neighborhood. Mr. Wilburn stated that Mr. Langford had changed the subdivision regulations without the residents’ knowledge with signatures representing 51% of the property.
Mr. Stelly asked if the 8 ½ acres Mr. Langford wanted to develop as an RV-park was included in the subdivision’s deed restrictions, and Mr. Wilburn stated that a portion of it was. He pointed out that the property owners had been promised 12 years ago that a buffer zone with a pond would be provided, but headlights from cars driving through the neighborhood reflected into the homeowners’ backyards.
Ms. Kelly Morrison, 1216 Gant Road, Sulphur, appeared before the Police Jury and stated that she lived on the east side of the existing park developed by Mr. Langford. She cited Mr. Langford’s various problems with DEQ, as well as deficiencies in past projects, with respect to mobile home parks he owned, i.e., exposed sewerage, oxidation ponds overgrown with vegetation, inadequate drainage, and bad electrical and water connections to mobile homes. Ms. Morrison stated that a year after the deficiencies were cited, they had not been corrected.
Ms. Morrison stated that, for example, on July 1, 2005, the oxidation pond in the mobile home park next to her house overflowed into her pasture, and the Health Department had determined that the levees around the oxidation pond were badly eroded and that the fence around the pond was in bad repair and covered with vegetation. Ms. Morrison further stated that on August 1, 2005, no action had been taken by Mr. Langford to clear the vegetation around the oxidation ponds and that on September 1, 2005, there was water flowing over the levee on the northwest corner of the pond.
President Danahay advised that Ms. Morrison had used her allotted time for speaking, and she added that the proposal would be another “sinkhole” and that in order to get DEQ to come out, one had to file complaints, etc., and she no longer had the time to do that. She closed by saying that history tended to repeat itself, and she felt any new project by Mr. Langford would be the same as his previous developments.
In answer to a question by Mr. Guidry, Mr. Langford stated that he was aware of the violations, and he had corrected them. He also stated that at the current time, the oxidation pond was being filled with appropriate and adequate material, pointing out that the water and sewer services were being obtained from the Carlyss water district and City of Sulphur. Mr. Langford stated that the deficiencies referred to by Ms. Morrison were attributable to another subdivision he had built and sold, Forest Hill Subdivision. He stated that there had been some problems with the oxidation pond wherein the levees around it were not high enough to take care of effluent during a hard rain. Mr. Langford pointed out that the City of Sulphur’s system overflowed during a heavy rain, according to an inspector with whom he had talked.
Mr. Moon called the question on the motion on the floor, but President Danahay stated that there were a few more jurors who had asked to be recognized, and they would have an opportunity to speak prior to a vote being taken on the motion.
Mr. Brame asked Mr. Langford if he had any other property he could use to build the RV-park on and asked if his development was being funded by FEMA. Mr. Langford stated that he currently had approximately 25 FEMA RV’s in his park and that while FEMA wanted to rent his entire park, he was concerned about his area. Mr. Langford pointed out that he would have been guaranteed 18 months of payments at $600, but he charged $300, because he wanted to take care of local people from Calcasieu and Cameron parishes.
Mr. Langford stated that he had 150 people on a waiting list and that the staff had stated at the Planning and Zoning Board Hearing that 600 more spaces were needed. He further stated that when evacuees were required to vacate hotels where they were currently staying, that number would increase.
Mr. Langford assured the jurors that the roads in the proposed park would be blacktopped and that if the jurors told him to build it without FEMA’s help, he could, but they needed places to provide housing for area citizens.
Mr. Brame again asked Mr. Langford if he had other property on which he could develop the proposed park, and Mr. Langford stated that he had the eight acres of property being discussed, as well as approximately 30 acres on Walker Road in Carlyss.
Mr. Landry stated that Mr. Langford had appeared before the Police Jury several years ago to expand his park and that he had been told that Mr. Langford had never abided by some of the stipulations which were imposed on him. Mr. Landry further stated that in looking at some of the pictures of the property, it appeared that Mr. Langford had trailers or campers parked in the buffer zone, and some appeared to be parked on the road which had not been paved.
Mr. Vickers stated that he could not answer Mr. Landry’s questions, and Mr. Landry requested that someone from the Division of Planning and Development go out and inspect to make sure everything was being done the way it was supposed to have been done, and further, to report back to the Police Jury at its next meeting, regardless of the outcome of the zoning request being discussed on this date.
President Danahay asked for a reverse roll call vote on the motion on the floor, which was that the recommendation of the Planning and Zoning Board be upheld with respect to RZ04-036-05 and that the request to rezone be denied, and the vote thereon was as follows:
YEAS:Mesdames Griffin and Treme; and Messrs. Andrepont, Brame, Clement, Collins, Guidry, Guillory, Landry, Mackey, Manuel, McMillin, Moon, and Stelly
NAYS:None
ABSENT:None
NOT VOTING:President Danahay
The vote being unanimously in favor of the motion, President Danahay declared the motion as having carried, whereby the recommendation of the Planning and Zoning Board was upheld with respect to RZ04-036-05, and the request to rezone was denied.
President Danahay advised that action was needed on ST03-002-06 which was a request by the Police Jury to study the feasibility of reclassifying certain properties near Common Street to allow residential and commercial development of Common Street in Ward Three, Police Jury District 7 (Mr. Landry’s district). He further advised that the Planning and Zoning Board had met on Tuesday, February 14, 2006, and voted unanimously to recommend that the properties be reclassified from R-1 (Single Family Residential) and R-M (Multi-Family Residential) to R-M (Multi-Family Residential) and C-2 (General Commercial).
It was moved by Mr. Landry, seconded by Mrs. Griffin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to ST03-002-06 and to adopt the following ordinance:
ORDINANCE NO. 5058
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to rezone certain properties near Common Street in Ward Three of Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16th day of February, 2006, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended by rezoning and reclassifying the following property in the Common Street area in Ward Three from R-1 (Single Family Residential) and R-M (Multi-Family Residential) to R-M (Multi-Family Residential) and C-2 (General Commercial) to allow multi-family residential and commercial development on the property more particularly described as:
Commencing at the Southwest corner of the S1/2 of the NW/4 of Section 29, Township 10 S, Range 8 West, thence North 330 ft. to pob, thence East a distance of 2,640 ft., thence North a distance of 660 ft., thence West a distance of 2,640 ft., thence South 660 ft., to poc.
Study Case ST03-002-06
BE IT FURTHER ORDAINED that the rezoning as per the attached map is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Upon motion made by Mrs. Treme, which was duly seconded by Mr. Manuel and carried unanimously, the following resolution was adopted:
RESOLUTION
WHEREAS, an accute need for housing currently exists in Calcasieu Parish due to the devastation caused by Hurricane Rita; and
WHEREAS, current policies and/or procedures and zoning restrictions require that a variance be obtained from the Planning and Zoning Board to rebuild houses or move houses onto property zoned Commercial and/or Industrial; and
WHEREAS, because of the accute housing shortage, the Calcasieu Parish Police Jury finds it beneficial to the health, safety and welfare of the property owners in Commercial and/or Industrial Zoning Districts, as well as to the recovery of the Parish as a whole, to temporarily waive zoning restrictions to provide permanent housing for residents adversely impacted by extensive property damage.
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 16th day of February, 2006, that it does hereby authorize the Division of Planning and Development to develop for immediate implementation a procedure for the granting of a temporary waiver of zoning restrictions, effective for a one-year period, in Commercial and Industrial Zoning Districts to provide permanent housing for residents who suffered extensive property damage due to Hurricane Rita.
THUS DONE AND PASSED on the date above inscribed.
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With reference to the foregoing resolution, Mr. Vickers advised that this effort was primarily aimed at people who had lost their homes in existing industrial areas. He further explained that under the current process, a property owner had to go back before the Planning and Zoning Board in order to rebuild a home, but with the above resolution, if someone had a home damaged by Hurricane Rita, and they would like to rebuild, the public hearing process (before the Planning and Zoning Board) would be waived.
President Danahay advised that no action was needed on adopting a resolution requesting the Federal Emergency Management Agency (FEMA) to reimburse investor-owned utilities such as Entergy Gulf States for repair costs incurred in natural disasters of proportions that substantially impact major portions of their customer base, due to the fact that this item had been withdrawn from the agenda.
Motion was made by Mr. Manuel and seconded by Mr. Brame that a resolution be adopted approving the call of an election on April 29, 2006, by Community Center and Playground District No. Four of Ward One to levy and collect a two-mill ad valorem tax for a period of ten years beginning January 1, 2006, and ending December 31, 2015, for the operation of a Senior Citizen Center and the acquisition of equipment, improvement of facilities, development of programs, and provision of services to senior citizens in the District.
Mr. Manuel stated that the Board of Commissioners of this District was in the process of purchasing a building to house the Senior Center, and the two-mill tax being requested would pay for operating, improving and maintaining said center. Mr. Manuel advised that the proceeds of the tax would be dedicated strictly for the Senior Center and would not be spent on anything else.
A vote taken on the motion on the floor carried unanimously; whereupon, the following resolution was adopted:
RESOLUTION
A RESOLUTION granting approval, consent and authority to the Board of Commissioners of Community Center and Playground District No. Four of Ward One of the Parish of Calcasieu, Louisiana, to conduct a Ten (10) year, Two (2) Mill Ad Valorem Property Tax Election, on April 29, 2006, and making application to the State Bond Commission and United States Attorney General in connection therewith.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of February, 2006, that it does hereby grant approval, consent, and authority to the Board of Commissioners of Community Center and Playground District No. Four of Ward One of Calcasieu Parish, Louisiana, to conduct an election on April 29, 2006, wherein the following proposition shall be presented to the electorate in said community center and playground district:
COMMUNITY CENTER AND PLAYGROUND DISTRICT NO. FOUR
OF WARD ONE — TWO (2.0) MILL PROPERTY TAX PROPOSITION
SUMMARY: AUTHORIZATION TO LEVY A 2-MILL AD VALOREM PROPERTY TAX TO IMPROVE, MAINTAIN, AND OPERATE THE DISTRICT'S SENIOR CITIZEN CENTER AND TO ACQUIRE EQUIPMENT, IMPROVE FACILITIES, AND DEVELOP PROGRAMS FOR PROVISION OF SERVICES TO SENIOR CITIZENS IN THE DISTRICT.
Shall Community Center and Playground District No. Four of Ward One of Calcasieu Parish (the "District") be authorized to levy and collect a special tax of 2.0 mills on all property subject to taxation within the District for a period of ten (10) years beginning on January 1, 2006, and ending December 31, 2015, for the purposes of improving, maintaining, and operating the District's Senior Citizen Center and for acquiring equipment, improving facilities, and developing programs for provision of services to senior citizens in the District?
BE IT FURTHER RESOLVED that approval, consent, and authority is granted to said district to levy and collect the tax authorized thereby should the same carry at the election to be held on April 29, 2006.
BE IT FURTHER RESOLVED that the approval granted herein is intended to constitute all the approval, consent, and authority required by and anticipated under the provisions of Article 6, Section 15 and Article 6, Section 32 of the Louisiana Constitution of 1974, and Chapter 6-A of Title 18 of the Louisiana Revised Statutes, and other constitutional and statutory authority supplemental thereto.
BE IT FURTHER RESOLVED that certified copies of this authorizing resolution shall be forwarded to the Board of Commissioners of Community Center and Playground District No. Four of Ward One.
THUS PASSED AND ADOPTED on the 16th day of February, 2006.
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Motion was made by Mrs. Treme, seconded by Mr. Brame 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 16th day of February, 2006, that it does hereby approve an Agreement of No Objection between the Police Jury and Entergy Gulf States, Inc. for the utilization of the south 30' of Entergy Gulf States Inc.’s existing 150' right-of-way in the event the Parish agrees in the future to construct an extension of Ham Reid Road, between Elliott Road and Big Lake Road.
BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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It was moved by Mr. Guillory, seconded by Mrs. Griffin and carried unanimously to adopt the following resolution:
RESOLUTION
WHEREAS, cats and dogs provide companionship to and share homes of over 63,000,000 individuals in the United States; and
WHEREAS, two unaltered cats and their offspring can produce 420,000 more cats in seven years and two unaltered dogs and their offspring can produce 67,000 more dogs in six years; and
WHEREAS, humane societies and shelters have to perform euthanasia on approximately 5,000,000 cats and dogs each year, although many of them are healthy and adoptable, simply because there are not enough good homes; and
WHEREAS, the problem of companion animal overpopulation costs the taxpayers of this country over a billion dollars annually through animal control programs aimed at coping with the millions of unwanted cats and dogs; and
WHEREAS, spaying and neutering cats and dogs has been shown to drastically reduce the cat and dog overpopulation; and
WHEREAS, veterinarians, humane societies, national and local animal protection organizations, and private citizens have joined together again to advocate the spaying and neutering of companion animals on “Spay Day USA 2006".
NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that February 28, 2006 is designated as “Spay Day USA” throughout Calcasieu Parish.
BE IT FURTHER RESOLVED that the Calcasieu Parish Department of Animal Services and Adoption Center is authorized to remove the cost for spays and neuters of all animals adopted from the Center for the week of February 27, 2006 through March 3, 2006 in honor of “Spay Day USA”.
BE IT FURTHER AND FINALLY RESOLVED that the Calcasieu Parish Police Jury does hereby call upon the people of Calcasieu Parish to observe the day by having their own cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person’s cat or dog.
THUS DONE AND PASSED on the date above inscribed.
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Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Collins and carried unanimously, the following resolutions were adopted, as per the request of the Office of Juvenile Justice Services:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 16th day of February, 2006, that it does hereby approve the renewal of a Reciprocal Agreement between the Police Jury and Caddo Parish Juvenile Detention Center for the housing of juveniles in either location in case of a natural or man-made disaster.
BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 16th day of February, 2006, that it does hereby approve a Reciprocal Agreement between the Police Jury and the Lafayette Juvenile Detention Home for the housing of juveniles in either location in case of a natural or man-made disaster.
BE IT FURTHER AND FINALLY RESOLVED
that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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Motion was made by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that the following requests from the Office of Community Services be approved:
• approve and formally accept the appointment of Ms. Leslie J. Hartwell as a representative of the Public Sector, on the Office of Community Services Advisory Board, as appointed by The Chamber Foundation/Southwest Louisiana;
• declare a vacancy on the Office of Community Services Advisory Board as a result of the resignation of Ms. Elaine Young, a representative of the Poor Sector-City of Lake Charles, and authorize the Secretary of the Advisory Board to advertise to fill said vacancy; and
• adopt a resolution approving the renewal of the Twelfth Extension of the Joint Services Agreement between the Police Jury, the Calcasieu Parish Sheriff’s Office, and the Calcasieu Parish District Attorney’s Office with reference to the continuation of the TRIAD Program.
As a result of approval of the foregoing items, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 16th day of February, 2006, that it does hereby approve the renewal of the Twelfth Extension of the Joint Services Agreement between the Policy Jury, the Calcasieu Parish Sheriff’s Office, and the Calcasieu Parish District Attorney’s Office with reference to the continuation of the TRIAD Program.
BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
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Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Collins and carried unanimously, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 16th day of February, 2006, that it does hereby approve the use of office space in the Calcasieu Parish Courthouse by the American Arbitration Association, on behalf of the Louisiana Department of Insurance, with reference to the Department’s Hurricane Mediation Program wherein said association would use these facilities on a temporary basis for mediation/hearing sites.
THUS DONE AND PASSED on the date above inscribed.
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Motion was made by Mr. Manuel, seconded by Mr. Collins 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 16th day of February, 2006, that it does hereby approve the renewal of lease agreements with the Southwest Lousiana Partnership for Economic Development for a one-year term beginning March 1, 2006, for the certain portion of the seventh floor of the Magnolia Building being utilized by the Partnership and the certain portion of the sixth floor of said building being utilized for the Business Incubator of Southwest Louisiana.
THUS DONE AND PASSED on the date above inscribed.
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It was moved by Mr. Stelly, seconded by Mr. McMillin and carried unanimously to adopt the following resolution to fill a vacancy on the Board of Commissioners of Gravity Drainage District No. Seven of Ward Eight which was created by the resignation of Mr. Billy Haggart who represented Police Jury District 10 on said Board:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of February, 2006, that it does hereby appoint Mr. Clinton P. Leger, to replace Mr. Billy Haggart, as a member of the Board of Commissioners of Gravity Drainage District No. Seven of Ward Eight, said term to expire August, 2007.
BE IT FURTHER RESOLVED that, in accordance with state law, the above referred to appointee shall be administered an oath of office by any judge, justice of the peace, clerk of court, or notary public duly appointed and qualified in the State of Louisiana.
BE IT FURTHER RESOLVED that the above-named appointee shall be administered the oath of office within thirty days following receipt of this resolution.
THUS PASSED AND ADOPTED on the date above inscribed.
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Upon motion made by Mrs. Treme, which was duly seconded by Mr. Landry and carried unanimously, the Parish Administrator was authorized to advertise for bids for Calcasieu Parish Project No. 2006-07 (Red Davis Road Extension, between Highway 14 and Common Street).
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the Parish Purchasing Agent be authorized to advertise for bids for two three-quarter ton pickup trucks with transport units (Animal Services) and two mid-size sedans (Division of Engineering And Public Works - General Office).
President Danahay advised that a letter had been received from U. S. Senator Mary Landrieu in response to the Police Jury’s resolution adopted October 11, 2005, requesting assistance from the Louisiana Congressional Delegation to amend and supplement pending legislative initiatives for relief of the adverse effects of Hurricane Katrina to include those Louisiana parishes affected by Hurricane Rita designated by FEMA as warranting individual and public assistance from the federal government.
Mr. McMillin was granted a point of personal privilege to advise the jurors that he had recently had the opportunity to visit with Mr. Lee Champagne of FEMA, who was currently in Baton Rouge. Mr. McMillin further advised that he would like to invite Mr. Champagne to an upcoming Police Jury meeting to make sure there were no problems with the debris removal program in Calcasieu Parish.
Mr. Clement voiced concerns about whether commercial burn sites, particularly the West Calcasieu Community Center, would be restored to their pre-Rita conditions. Mr. Allen Wainwright, Public Works Operations Manager, stated that the contractors had agreements with the property owner of each burn site, and there were guidelines that had to be followed. Mr. Clement asked Mr Wainwright to check on the West Calcasieu Community Center site to make sure it would be restored to its previous condition.
Mr. Moon stated that there had been a recent story on KPLC-TV about hazardous waste moving through the area and while the Parish had been focused on wind and flood damage from Hurricane Rita, and rightfully so, he did not think the Police Jury needed to be blind-sided by hazardous waste. Mr. Moon asked for a brief report in the near future from Mr. Gremillion about preparations for these types of incidents.
It was moved by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously to suspend the rules by a two-thirds majority vote to go into Executive Session to discuss Lawsuit No. 2005-5934 (Solano vs. Manuel, et al). Following the Executive Session, the Police Jury reconvened in Regular Session, and motion was made by Dr. Mackey, seconded by Mr. Manuel and carried unanimously to suspend the rules by a two-thirds majority vote to approve the report given by legal counsel during the Executive Session.
There being no further business, motion was made by Mrs. Griffin, seconded by Mr. Guidry and carried unanimously that the meeting be adjourned.
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary