July 20, 2006

                                                                                    Lake Charles, Louisiana


            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, July 20, 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 Sandy Treme; and Messrs. Francis Andrepont, Guy Brame, Calvin Collins, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornie Moon, and Tony Stelly

 

Absent: Messrs. Brent Clement and Kevin Guidry


            Also present were Mr. S. Mark McMurry, Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Tim Conner, Assistant Parish Engineer; Mr. Jerry Milner, Director of Finance; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; 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 Mr. Moon 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.


            President Danahay advised that bids would be opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2006-10 (Construction of McNeese Street Extension, Phase 2, in Calcasieu Parish, Louisiana), and appropriate action would be taken thereon.


            Mr. McMurry then proceeded to open the following bids:

 

            Bessette Development Corporation                                                      $1,336,877.25

            Civil Construction Company and Environmental Services, Inc.               $1,138,557.66

            HD Truck and Tractor, LLC                                                                  $1,371,622.00

            McManus Construction, Inc.                                                                 $1,138,569.80

            W. E. McDonald and Son                                                                      $1,119,784.64


            There being no other bids, motion was made by Mrs. Griffin, seconded by Dr. Mackey and carried unanimously that the bids be referred to the Parish Engineer for final tabulation, with further action thereon to be taken by the Police Jury at its Regular Meeting on August 3, 2006.


            President Danahay advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m. for the Chiller Replacement for the Calcasieu Judicial Center, and appropriate action would be taken thereon.


            Mr. McMurry then proceeded to open the following bids:

 

            Bernhard Mechanical Contractors, Inc.                                                $163,950.00

            Calcasieu Mechanical Contractors, Inc.                                                $140,855.00

            Albert Newlin, Inc.                                                                              $180,368.00


            There being no other bids, motion was made by Mr. Andrepont, seconded by Mr. Landry and carried unanimously that the bids be referred to the Project Designer, Associated Design Group, Inc., with further action thereon to be taken by the Police Jury later in the meeting on this date.

            President Danahay advised that bids would be opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for an oil, gas and mineral lease on certain tracts of land (18 acres, more or less) in Sections 28, 29, 30, 31, 32, and 33, Township 11 South, Range 7 West, in Ward Two, and appropriate action would be taken thereon.


            Mr. McMurry then proceeded to open the only bid submitted of Louisiana Exploration and Acquisitions, LP, the details of which are outlined in the following resolution which was adopted upon motion made by Mr. Andrepont, duly seconded by Mrs. Griffin and carried unanimously:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20th day of July, 2006, that it does hereby accept the bid of Louisiana Exploration and Acquisitions, LP, for a mineral lease on the following described property, to-wit:

 

All of the rights, titles, and interests in lands owned by and not under mineral lease from the Calcasieu Parish Police Jury situated in Sections 28, 29, 30, 31, 32, and 33, Township 11 South, Range 7 West, Calcasieu Parish, Louisiana, more particularly described as: beginning at a point having Coordinates of X = 1,442,300.00 and Y = 511,100.00; thence South 7,800.00 feet to a point having Coordinates of X = 1,442,300.00 and Y = 503,300.00; thence West 8,200.00 feet to a point having Coordinates of X – 1,434,100.00 and Y = 503,300.00; thence North 7,800.00 feet to a point having Coordinates of X = 1,434,100.00 and Y = 511,100.00; thence East 8,200.00 feet to the Point of Beginning, containing approximately 18 acres, more or less.


for a three-year lease with a cash bonus of Four Thousand Five Hundred and no/100 Dollars ($4,500.00) and an annual rental of Four Thousand Five Hundred and no/100 Dollars ($4,500.00) and with the Calcasieu Parish Police Jury to receive twenty seven and one-half percent (27.5%) of all oil produced and saved, twenty seven and one-half percent (27.5%) of all sulphur produced and saved, and twenty seven and one-half percent (27.5%) of all other liquid or gaseous hydrocarbon minerals produced and saved.


            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.


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


            Upon motion made by Mr. Moon, which was duly seconded by Mr. Manuel and carried unanimously, the following proces verbal and resolution were adopted:


PROCES VERBAL


            BE IT KNOWN AND REMEMBERED that on this 20th day of July, 2006, at 5:30 o’clock p.m., in accordance with a resolution of the Calcasieu Parish Police Jury (the “Jury”), governing authority of Calcasieu Parish, Louisiana, adopted on May 18, 2006, and recorded in the records of the Jury, notice of which meeting was issued and published according to law, the undersigned members of the Jury, being a quorum thereof, met at the regular meeting place of the Jury, and according to law examined the tabulation blanks, certificates and statements which were received from the Commissioners and Commissioners-in-Charge of the election held in Calcasieu Parish, Louisiana on July 15, 2006, in accordance with said resolution, together with the transcription of the totals made by the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for Calcasieu Parish to determine the following proposition:


PROPOSITION

 

SUMMARY: AUTHORITY FOR CALCASIEU PARISH, LOUISIANA, TO ACQUIRE AND/OR CONSTRUCT VARIOUS PUBLIC IMPROVEMENTS, ECONOMIC DEVELOPMENT PROJECTS, GOVERNMENTAL INFRASTRUCTURE FACILITIES AND OPERATIONS WITHIN SAID PARISH, TO BE FUNDED THROUGH ISSUANCE OF NOT EXCEEDING $200,000,000 IN BONDS TO BE SECURED BY AND PAYABLE FROM LEVY AND COLLECTION OF NEW 1/4 OF 1 % SALES TAX, AD VALOREM TAX AND GAMING REVENUES, COOPERATIVELY BETWEEN THE PARISH AND THE MUNICIPALITIES LOCATED THEREIN.

 

Shall Calcasieu Parish, Louisiana (“Parish”) acquire, construct, develop and/or improve streets and roads, water and waste water systems, medical, legal, educational, cultural, tourism and recreational facilities and operations, law enforcement and emergency preparedness facilities and operations, economic development facilities and operations, and governmental infrastructure facilities within the Parish, title to which shall be in the public (“Projects”); which Projects shall be funded through (A) levy and collection of (i) gaming revenues received by the Parish or pursuant to cooperative endeavor agreements; (ii) a twenty (20) year sales and use tax of 1/4 of 1% within the limits of the Parish, that portion of which is not necessary for debt service payments to be shared, for Project purposes, on a pro-rata collection basis between the Parish and all municipalities located therein, and (iii) a twenty (20) year ad valorem tax of not less than 5 mills on all taxable property within the Parish, that portion of which is not necessary for debt service payments to be dedicated to economic development activities (collectively “Revenues”), and (B) issuance of bonds in an amount not exceeding $200,000,000 and any limitation prescribed by the Constitution and statutes of the State of Louisiana, in various series, not to exceed 20 years from January 1, 2007, with interest at a rate not exceeding eight (8%) percent per annum, which bonds shall be retired with, paid from and secured by a pledge and dedication of Revenues?


            The results of said election proved to be as follows:


                                              NUMBER OF VOTES IN             NUMBER OF VOTES

          PRECINCT                   FAVOR OF PROPOSITION        AGAINST PROPOSITION

            160 E                                               103                                            133

            160 W                                               40                                             90

            161                                                     51                                            129

162287482

163217282

1645168

165230269

            166                                                  295                                           366

167231250

26060104

            261                                                    37                                             77

            262                                                   54                                            115

300110106

3019699

            302                                                   48                                             43

3037564

3049075

3059872

306292124

            307                                                   39                                              21

3088260

309E1326

309W6667

31013574

3113525

312143126

313E11

313W4633

31417795

315E7371

315W12352

316E6845

316W3730

31711184

3188885

3197670

320138120

3219167

32213595

3238684

32412074

325263174

326240153

3275970

328183151

329124112

3309570

331175110

332N8479

332S10871

333347232

334132114

335186118

336210155

337176151

338201145

339276303

3607186

3614945

362244196

363401276

364135181

365102111

3668794

367N286295

367S118144

368252286

369160182

370139250

371N5369

371S167207

400120222

40186145

40288120

403169191

404194263

405257353

406139227

407173228

408149188

440151232

441127170

460E4060

460W49141

46188114

4622540

463153281

46493237

4653784

            466E                                                 77                                            147

            466W                                               121                                           228

            467                                                    71                                            167

            468                                                   75                                            214

46958118

5605122

            561                                                    16                                             83

            562                                                     8                                             69

            600                                                   44                                            108

            601                                                    27                                              81

            602                                                   45                                             88

6034329

66043204

6613079

6623674

6631840

66475104

7002972

            701                                                    29                                               9

70234120

            703                                                    19                                             59

76017100

            761                                                    18                                            107

            762                                                    19                                             54

            800                                                   72                                            116

            801                                                  100                                            146

860198315

861E6191

861W7079

            Absentees                                   422                                       569

 

            TOTALS                                     13,489                                       16,071


            We therefore ascertained that the majority of qualified electors of Calcasieu Parish, Louisiana qualified to vote under the Constitution and laws of the State of Louisiana voting in said election in the Parish voted against the Proposition.


            At the same time and place, we did examine and canvass the returns as evidenced by said tabulation blanks, certificates, and statements received from the election Commissioners and Commissioners-in-Charge, the correctness of which were sworn to by the election Commissioners-in-Charge and Commissioners according to law, and our finding was that the returns indicated a majority voted against said Proposition.


            Therefore, we declare that the result of said election is against the Proposition as stated above.


            In accordance with law, a resolution promulgating the aforesaid results was adopted, and the Secretary of the Jury was ordered to have a copy of said resolution signed by the President and published in one issue of the Lake Charles American Press, a newspaper published in Lake Charles, Louisiana, and of general circulation in the Parish.


            We did, likewise, order that one copy of this proces verbal be sent to the Secretary of State to be recorded in the archives of the State of Louisiana, and that one copy be sent to the Clerk of the District Court of Calcasieu Parish to be recorded in the mortgage records of said Parish and that one copy be filed in the archives of this Jury.


            THUS DONE AND SIGNED in the presence of Kathy P. Smith and Alicia R. Sittig, competent witnesses and qualified voters of Calcasieu Parish on this 20th day of July, 2006, at a regular meeting of the Calcasieu Parish Police Jury in Lake Charles, Louisiana, by the undersigned members of said Jury present and participating in the canvass of said election.



  /s/ Francis Andrepont          /s/ Guy Brame

Francis Andrepont                                                       Guy Brame

 

/s/ Calvin Collins

Brent Clement                                                              Calvin Collins

 

  /s/ Elizabeth Conway Griffin           

Elizabeth Conway Griffin                                             Kevin Guidry

 

  /s/ Tony Guillory           /s/ Chris Landry

Tony Guillory                                                                Chris Landry  

 

  /s/ Charles S. Mackey, D.D.S.           /s/ Don Manuel

Charles S. Mackey, D.D.S.                                            Don Manuel 

 

  /s/ Hal McMillin          /s/ Cornie Moon

Hal McMillin                                                                 Cornie Moon

 

  /s/ Tony Stelly          /s/ Sandra Treme

Tony Stelly                                                                  Sandra Treme


 

WITNESSES:                                                              APPROVED:

 

  /s/ Kathy P. Smith  

Kathy P. Smith                                                              /s/ Michael E. Danahay

                                                                                    Michael E. Danahay, President

  /s/ Alicia R. Sittig

Alicia R. Sittig


            Thereupon, the following resolution was introduced and pursuant to motion made by Mr. Moon and seconded by Mr. Manuel, was adopted by the following vote:

 

YEAS:                    Mr. Francis Andrepont, Mr. Guy Brame, Mr. Calvin Collins, Mr. Michael E. Danahay, Mrs. Elizabeth Conway Griffin, 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. Sandra J. Treme

 

NAYS:                   None

 

ABSENT:               Mr. Brent Clement and Mr. Kevin Guidry

 

NOT VOTING:      President Michael E. Danahay



RESOLUTION

 

A RESOLUTION PROMULGATING THE RESULTS OF A SPECIAL ELECTION HELD IN CALCASIEU PARISH, LOUISIANA ON JULY 15, 2006.


            WHEREAS, on July 15, 2006, an election was held in Calcasieu Parish, Louisiana, to determine the proposition hereinafter set out;


            WHEREAS, the returns of said election were canvassed by the Jury according to law and notice duly given as provided by law, and the result of said election was declared to be against the proposition;


            NOW, THEREFORE, BE IT RESOLVED by the Calcasieu Parish Police Jury, the governing authority of Calcasieu Parish, Louisiana, as follows:


            SECTION 1. An election was held in Calcasieu Parish, Louisiana, on July 15, 2006, to determine the proposition hereinafter set out; that said election was duly and properly called by the Jury by a resolution adopted on May 18, 2006 and recorded in the records of said Jury, that notice of said election embracing all matters required by law to be contained therein was given by publication in the Lake Charles American Press, a newspaper published in Lake Charles, Louisiana, and of general circulation in Calcasieu Parish, Louisiana on May 25, June 1, June 8, and June 15, 2006, the first of said publications being not less than 45 days nor more than 90 days prior to the date set for said election; that this Jury did in said resolution designate the polling places for said election and did provide for the use of voting machines in the conduct of said election; that election officials were duly selected; that each election official received the certificate of instruction of the use of the voting machines and his duties in connection therewith as required by law; that the State Custodian of Voting Machines and the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Calcasieu Parish made available on the day of the election at the polling places designated for the conduct of said election the necessary voting machines and all necessary equipment and paraphernalia required by law in connection with the use of voting machines at elections; that the Registrar of Voters and the Clerk of Court of Calcasieu Parish furnished to the election Commissioners and Commissioners-in-Charge copies of the precinct registers for each precinct or ward entitled to vote at such polling places; that the Louisiana Secretary of State prepared and certified the ballot used in the voting machines as required by law; that the proposition voted on in said election and as it appeared in said voting machine was in due form provided by law and the resolution adopted by this Jury on May 18, 2006, calling said special election; that the results of said election were written on a large sheet of paper at said polling places, which sheet of paper was signed by each of the election officials designated to conduct such election at said polling places and which sheet was thereupon posted in public view at the polling places in accordance with law; that only qualified electors under the Constitution and laws of the State of Louisiana voted at said election; that the officials who served at said election were duly and properly appointed; that the places of all absent election officials were properly filled in accordance with law; that before opening the polls all election officials were properly sworn in accordance with law; that the polls at the voting places were opened at 6:00 a.m. and remained open and until not later than 8:00 p.m.; that after the closing of the polls the votes for and against the proposition were properly counted and tallied and the necessary tabulation blanks, certificates and statements were made by the election officials in accordance with law and the voting machines delivered to the Clerk of Court and Ex-Officio Custodian of Voting Machines in and for Calcasieu Parish, Louisiana, and a copy of the results of said election delivered to the Clerk of the District Court of Calcasieu Parish as required by Louisiana Revised Statutes 18:1190 E; that on July 18, 2006, that being the third day after said election the Clerk of Court and Ex-Officio Custodian of Voting Machines, after breaking the seals and opening the voting machines used in said election did transcript the totals for the proposition voted upon at said election; and that all things whatsoever required by law to be done in connection with the holding of said election were properly and duly performed in manner and form as required by Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and the general election laws of the State of Louisiana.


            SECTION 2. In said election the following proposition failed by a majority of the electors qualified to vote and voting in said election in Calcasieu Parish, Louisiana:


PROPOSITION

 

SUMMARY: AUTHORITY FOR CALCASIEU PARISH, LOUISIANA, TO ACQUIRE AND/OR CONSTRUCT VARIOUS PUBLIC IMPROVEMENTS, ECONOMIC DEVELOPMENT PROJECTS, GOVERNMENTAL INFRASTRUCTURE FACILITIES AND OPERATIONS WITHIN SAID PARISH, TO BE FUNDED THROUGH ISSUANCE OF NOT EXCEEDING $200,000,000 IN BONDS TO BE SECURED BY AND PAYABLE FROM LEVY AND COLLECTION OF NEW 1/4 OF 1 % SALES TAX, AD VALOREM TAX AND GAMING REVENUES, COOPERATIVELY BETWEEN THE PARISH AND THE MUNICIPALITIES LOCATED THEREIN.

 

Shall Calcasieu Parish, Louisiana (“Parish”) acquire, construct, develop and/or improve streets and roads, water and waste water systems, medical, legal, educational, cultural, tourism and recreational facilities and operations, law enforcement and emergency preparedness facilities and operations, economic development facilities and operations, and governmental infrastructure facilities within the Parish, title to which shall be in the public (“Projects”); which Projects shall be funded through (A) levy and collection of (i) gaming revenues received by the Parish or pursuant to cooperative endeavor agreements; (ii) a twenty (20) year sales and use tax of 1/4 of 1% within the limits of the Parish, that portion of which is not necessary for debt service payments to be shared, for Project purposes, on a pro-rata collection basis between the Parish and all municipalities located therein, and (iii) a twenty (20) year ad valorem tax of not less than 5 mills on all taxable property within the Parish, that portion of which is not necessary for debt service payments to be dedicated to economic development activities (collectively “Revenues”), and (B) issuance of bonds in an amount not exceeding $200,000,000 and any limitation prescribed by the Constitution and statutes of the State of Louisiana, in various series, not to exceed 20 years from January 1, 2007, with interest at a rate not exceeding eight (8%) percent per annum, which bonds shall be retired with, paid from and secured by a pledge and dedication of Revenues?


            SECTION 3. The results of said election shall be promulgated by publication of this resolution of promulgation one time in the Lake Charles American Press, a newspaper published in Lake Charles, Louisiana, the official journal of the Jury and of general circulation in Calcasieu Parish, Louisiana.


            ADOPTED AND APPROVED this 20th day of July, 2006.



ATTEST:                                                                      /s/ Michael E. Danahay

                                                                                    MICHAEL E. DANAHAY, President


  /s/ S. Mark McMurry

S. MARK McMURRY, Secretary



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


            It was moved by Mr. McMillin, seconded by Mr. Brame and carried unanimously to approve the following application for a liquor and beer permit:


WARD III

Leo Victorian d/b/a

STUDIO 69

3945 Hwy 90 East

Lake Charles, LA 70615                                   Liquor & Beer                           135.00

(Calvin Collins’ District)

 

        TOTAL REMITTANCE:                                                135.00

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


            Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated June 15, 2006, be approved, and the reading of same was dispensed with.


            President Danahay advised that action was needed on RZ08-022-06 which was a request by Robert Russell Moss to rezone from R-2 (Mixed Residential) to R-M (Multi Family Residential) to allow multi-family development (three duplexes) on Mary Ann Street in Ward Eight, Police Jury District 10 (Mr. Stelly’s district). He further advised that the Planning and Zoning Board had met on Tuesday, July 18, 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.


            Upon motion made by Mr. McMillin, which was duly seconded by Mr. Stelly and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to RZ08-022-06, and the request to rezone was granted with the stipulation outlined by said Board; whereupon, the following ordinance was adopted:


ORDINANCE NO. 5130

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Robert Russell Moss to rezone from R-2 (Mixed Residential) to R-M (Multi-Family Residential) to allow multi-family development (three duplexes) on the property described as: The W 258.13’ of the following: Lot 8 of Eastside Subdivision Part III (Revised), a subdivision of Lot “B” and the S 10 feet of Lot “A” of the Natali Heirs Partition in S6, T10S, R7W, Louisiana Meridian, as per plat of Survey (Revised), dated June 29, 1979, filed August 15, 1979, recorded in Book 28 of Plats at page 72 records of Calcasieu Parish, Louisiana.

 

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20th day of July, 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 R-2 (Mixed Residential) to R-M (Multi-Family Residential) to allow multi-family development (three duplexes) with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development, on the property described as: The W 258.13’ of the following: Lot 8 of Eastside Subdivision Part III (Revised), a subdivision of Lot “B” and the S 10 feet of Lot “A” of the Natali Heirs Partition in S6, T10S, R7W, Louisiana Meridian, as per plat of Survey (Revised), dated June 29, 1979, filed August 15, 1979, recorded in Book 28 of Plats at page 72 records of Calcasieu Parish, Louisiana.

 

Zoning Case RZ08-022-06


            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 RZ08-023-06 which was a request by Rumplestiltskin, L.P. to rezone from C-1 (Light Commercial) and I-1 (Light Industrial) to C-2 (General Commercial) to allow manufactured home repairs and sales at 2465 Highway 397 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, July 18, 2006, and voted ten (against) to one (for) to recommend that the request be denied, and further, that should the Police Jury grant the request, the following stipulations were recommended: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the six-foot wood privacy fence be repaired and maintained around the renovations yard; (3) that all manufactured homes for repair must be stored in the renovations yard; and (4) that the use be limited to the sales and repair of manufactured homes.


            Motion was made by Mr. Stelly, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ08-023-06, and the request to rezone was denied.


            Upon motion made by Mr. Andrepont, which was duly seconded by Dr. Mackey and carried unanimously, the following resolutions were adopted:


RESOLUTION


            WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by SG Interests, Incorporated to dredge and place approximately 833 cubic yards of native material to construct perimeter containment levees surrounding a 300' x 300' work area to contain a drill pad and reserve pit, all to drill the Hayes Minerals, LLC, et al., Well No. 1. Implementation of the proposed project would impact approximately 1.78 acres of jurisdictional wetlands. Said project is located off La. Highway 397, approximately 3.5 miles southerly from Lake Charles, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of SG Interests, Incorporated relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and


            WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.


            NOW THEREFORE,


        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20th day of July, 2006, that it does hereby indicate no objection to the proposal of SG Interests, Incorporated to dredge and place approximately 833 cubic yards of native material to construct perimeter containment levees surrounding a 300' x 300' work area to contain a drill pad and reserve pit, all to drill the Hayes Minerals, LLC, et al., Well No. 1. Implementation of the proposed project would impact approximately 1.78 acres of jurisdictional wetlands. Said project is located off La. Highway 397, approximately 3.5 miles southerly from Lake Charles, in Calcasieu Parish, Louisiana.


            BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.


            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.


            THUS PASSED AND ADOPTED on the date above inscribed.


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


RESOLUTION


            WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Tony Terrell to clear and grade a 2.4 acre tract, redistribute approximately 600 cubic yards of onsite graded material, place 460 cubic yards of hauled-in clay and stabilized fill material and deposit 600 cubic yards of concrete, all to construct a 4 duplex residential development with associated driveways and parking. Implementation of the proposed project would impact approximately 1.2 acres of wetlands. Said project is located on a vacant lot on Vern Lane, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Tony Terrell relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and


            WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.


            NOW THEREFORE,


        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20th day of July, 2006, that it does hereby indicate no objection to the proposal of Tony Terrell to clear and grade a 2.4 acre tract, redistribute approximately 600 cubic yards of onsite graded material, place 460 cubic yards of hauled-in clay and stabilized fill material and deposit 600 cubic yards of concrete, all to construct a 4 duplex residential development with associated driveways and parking. Implementation of the proposed project would impact approximately 1.2 acres of wetlands. Said project is located on a vacant lot on Vern Lane, in Calcasieu Parish, Louisiana.


            BE IT FURTHER RESOLVED that the work was partially completed prior to obtaining a Department of the Army permit and was in violation of Section 301 of the Clean Water Act. All legal issues concerning the unauthorized work have been deferred. The no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.


            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.


            THUS PASSED AND ADOPTED on the date above inscribed.


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


            President Danahay advised that a report would be received at this time from the Division of Planning and Development regarding recent action taken by the Louisiana State Uniform Code Construction Council.


            Mr. Vickers reminded the jurors that the Parish started enforcing the emergency wind load provisions for hurricane-resistant residential construction in early March as a result of Act 12 of the 2005 First Extraordinary Session of the Legislature. Mr. Vickers advised that the Louisiana State Uniform Construction Code Council had enacted the 2006 International Building Code on July 11, 2006, less and except the sanitary/plumbing and electrical provisions.


            Mr. Vickers pointed out that the Parish currently had two wind load requirements whereby construction in the lower end of the Parish had to be resistant to winds of 110-mph, and the remainder to winds of 100-mph, however, what the new code mandated was that the provisions of same had to be enforced in the entirety of the Parish, not just in the 110-mph section. Mr. Vickers stated that the building restrictions would be more stringent, and this was primarily being driven by insurance costs. Mr. Vickers further stated that the Police Jury had to adopt the full code applicable to all areas of the Parish no later than January 1, 2007.


            In answer to Mr. Stelly, Mr. Vickers stated that this was mandatory under Act 12 and that the whole State would have to enforce the building codes, not just the lower, hurricane-affected areas. He pointed out that one advantage to this was that the rules would be standardized whereby a builder would not have to comply with varying codes and regulations in different parishes.


            Also in answer to a question by Mr. Stelly, Mr. Vickers stated that people could still use a local architect if they so desired, as long as the proposed construction met the applicable building codes.


            In answer to a question by Mr. McMillin, Mr. Vickers stated that the cost of residential construction could rise as much as six to eight percent, based on the information he was receiving. Mr. Vickers stated that until the full code went into effect on January 1, 2007, the staff would operate in the interim utilizing just the emergency wind load provisions and not the other portions of the code which had not yet been enacted.


            It was moved by Mr. Collins, seconded by Mrs. Griffin and carried unanimously to accept the report given by the Division of Planning and Development regarding recent action taken by the Louisiana State Uniform Code Construction Council.


            Upon motion made by Mr. Landry, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolution was adopted:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 20th day of July, 2006, that it does hereby approve a Coastal Use Permit application for Phillip Guzzino to dredge approximately 1 acre and fill approximately .83 acres to construct an industrial storage site, with additional infrastructure for the proposed facility to include a 40' x 80' office/storage building, a storage yard with bulkhead, gravel access road, and associated parking areas, on property located on the north bank of the Gulf Intracoastal Waterway (Intracoastal Canal) and east of Ellender Bridge near Highway 27 in Calcasieu Parish, Louisiana.


            THUS DONE AND PASSED on the date above inscribed.


* * * * * * * * * * * *Motion was made by Dr. Mackey, seconded by Mr. Moon and carried unanimously that the following resolution be adopted:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 20th day of July, 2006, that it does hereby support the Junior League of Lake Charles in their newest project, the Family Resource Center, which will bring together in one location services designed to assist families in leading healthier, happier, and more productive lives by learning life skills such as parenting, home safety, financial management, computer proficiency and nutritional cooking, and further, to offer a wide variety of counseling, medical, and referral services.


            THUS DONE AND PASSED on the date above inscribed.


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


            It was moved by Mr. Andrepont, seconded by Mr. Brame and carried unanimously to adopt the following resolution:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20th day of July, 2006, that it does hereby submit to the State of Louisiana, Department of Transportation and Development, the following updated priority rating of railroad crossings within Calcasieu Parish for the installation of signal devices under Highway Safety Funding Program 203:


 

PRIORITY

 

ROUTE

 

DOT NO.

 

 

1

 

Bayou D’inde Road

 

768-087S

 

 

2

 

Davison Road

 

768-106U

 

 

3

 

Landry Street

 

329-412B