January 18, 2007
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, January 18, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chris E. Landry, President, presiding, and the following members present:
Mesdames Elizabeth Conway Griffin and Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Michael E. Danahay, Kevin Guidry, Tony Guillory, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Tony Stelly
Absent: Cornelius “Cornie” Moon
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr., of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Maintenance; and Mr. Jim Vickers, Director of Planning and Development.
President Landry called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.
President Landry advised that the parish employees who had recently retired who were scheduled to be present to receive plaques of presentation had been unable to attend, and those plaques would be mailed to: Mr. Jeffrey Langley, Information Services, 14 years of service; and Ms. Carolyn Thibodeaux, Workforce Investment Center, 26 years of service.
President Landry 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 Landry advised that a presentation would be received at this time from Ms. Catherine Thomas with the United Way of Southwest Louisiana in reference to the work of the Calcasieu Long-Term Recovery Group (CLTRG) and the involvement of Parish departments and agencies in support of this effort.
Mr. Tarek Polite, Director of Federal Program Development, introduced Ms. Thomas, Chairman of the CLTRG, who gave a presentation about the services offered by said group. She stated that the mission was “to maintain a network that will provide coordinated recovery efforts as a result of disasters on behalf, and for the benefit, of the residents of Calcasieu Parish,” and the group consisted of more than 70 representatives from over 40 non-profit, faith-based, and governmental agencies and entities including, but not limited to the Police Jury, FEMA, the Salvation Army, United Way, American Red Cross, City of Lake Charles, etc.
Ms. Thomas advised that since Hurricane Rita hit the area, the Salvation Army had served more than 9,000 families, Volunteers of America/Louisiana Spirit Program had assisted more than 4,800 individuals with mental health needs, F. H. Dunn Resurrection Center had averaged assistance to more than 1,000 recipients per month, United Way’s Hurricane Relief Fund had awarded more than $600,000 in grants to area organizations, coordinated the receipt of distributions of donated items such as computers, living kits, building materials, furniture, and appliances, and had leveraged more than $1 million dollars in cash and in-kind resources.
Ms. Thomas stated that needs assessment volunteers were operating from the United Way’s SWLA Volunteer Housing Center located in Moss Bluff to identify un-met needs in the area and that of 1800 households visited, 1,336 were not at home at the time of visit, 296 indicated no assistance was needed, and 168 reported that they still needed assistance. A breakdown of those needs was as follows: Of a population consisting of 28% disabled and 26.5% elderly, 59.8% were in need of major construction assistance and 15.9% in need of minor assistance, 22% needed beds, 79% needed roof repairs, 87% needed walls and ceilings, 23.5% indicated stress-related needs, and 5.3% needed help with insurance.
Ms. Thomas further stated that the CLTRG’s goals were to repair and rebuild damaged homes, get families out of trailers and into homes, provide services and programs to address job readiness and employment, enhance and expand available resources to speak to the needs of area children, and provide services to support emotional and spiritual needs. She closed by saying that continued support was needed to help the group access and obtain building materials, furniture and appliances, volunteers (skilled and unskilled), supportive services for volunteers (meals, transportation, etc.), and contributions and donations.
Mr. Manuel pointed out that the Police Jury had contributed $50,000 to turn the old Middle School located on Recreation Boulevard in Moss Bluff into the Volunteer Housing Center and that it could house 200 students at one time. Ms. Thomas stated that it was actually being used as a model among other United Way agencies to initiate partnerships.
President Landry thanked Ms. Thomas and her organization for the work they were doing to make life better for the citizens of Southwest Louisiana.
Motion was made by Mr. Collins, seconded by Mrs. Griffin and carried unanimously that the issuance of the following Special Events Permit be ratified:
Type C permit to allow alcoholic beverages for the special event:
11TH ANNUAL MARDI GRAS CELEBRATION
February 9, 10, 2007
100 Westlake Avenue, Westlake, LA 70669
Isle of Capri Casino Event Center
Phyllis Thibodeaux – Coordinator
(Hal McMillin’s District)
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Upon motion made by Mr. McMillin, which was duly seconded by Mr. Manuel and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated December 21, 2006, were approved as written, and the reading of same was dispensed with.
President Landry advised that action was needed on Zoning Case RZ06-037-06 which was a request by Helen L. Joffrion to rezone from R-2 (Mixed Residential) to R-M (Multi Family Residential) to allow multi-family development (six duplexes) at 1249 Penton Road in Ward Six, Police Jury District 11 (Mrs. Treme’s district). President Landry further advised that on Thursday, December 21, 2006, the Police Jury deferred action for thirty (30) days. He also advised that the Planning and Zoning Board had met on Tuesday, December 19, 2006, and voted eight (for) to three (against) 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 use be limited to duplexes only; (3) that the duplexes must be landscaped and the plan approved by the Division of Planning and Development; and (4) that all drives and parking must be hardsurfaced (concrete or asphalt).
Motion was made by Mrs. Treme and seconded by Mr. Manuel to overturn the recommendation of the Planning and Zoning Board and to deny the request to rezone.
Mrs. Barbara Dawson, daughter of the applicant, 18453 Shadow Creek, Baton Rouge, appeared before the Police Jury and stated that they had talked to several real estate agents in DeQuincy who said there was a need for housing of the elderly and/or young people. Mrs. Dawson explained that a meeting had been held the evening before to explain the proposed development to the opponents, and most of their concerns had been addressed at that time, however, one of the new issues was drainage from the wastewater treatment and lift station.
Mr. Don Dawson, her husband, appeared before the Police Jury and stated that even though the Health Department had indicated a need for a 3500-gallon plant, they had decided to upgrade to a 4000-gallon plant with a back-up system with two pumps, one of which would automatically come on, along with an alarm, if the other pump went down so that the system would never be out of operation. Mr. Dawson stated that one of the concerns voiced by the opposition had been the amount of discharge from the sewer plant but based on calculations done by an engineer and the manufacturer of the plant he planned to use, he estimated a discharge of 4,000 gallons per day which he said equated to the flow of a water hose pipe.
Mr. Dawson stated that he had talked to Mr. Allen Wainwright, Public Works Engineer, about the concerns of the water flow draining east on Penton Road, and he asked about the possibility of boring under the road, to which he said Mr. Wainwright told him that was a possibility but that he would have to look at it and also look at the cost. Mr. Dawson pointed out that the Department of Health and Hospitals would have the final word on the wastewater system.
Mr. Johnny Tolbert, 1400 Penton Road, DeQuincy, appeared before the Police Jury and stated he had lived on Penton Road since 1986. He further stated that wastewater was definitely a concern, pointing out that when it rained hard, Penton Road got 8-10" of water over it and that the Parish had had to repair the road four or five times. Mr. Tolbert also expressed his concern for the safety of children in the area, not knowing who would be renting the duplexes at any given time.
Mrs. Bobbie L. Mericle, 1255 Penton Road, DeQuincy, appeared before the Police Jury and stated that she lived right next door to the proposed duplexes and was not only concerned about drainage issues but also the lack of privacy if the duplexes were built. She asked if the request for rezoning was approved, that a privacy fence be required. Mrs. Mericle also spoke of her concern about a decline in property values, as well as having no control over how many residents would be living in each duplex. She also spoke of the loss of peace and quiet in the neighborhood and possible security and maintenance problems.
Ms. Tina Reeves, 1283 Penton Road, DeQuincy, appeared before the Police Jury and talked about her concerns, many of which had already been addressed, such as drainage, environmental effects, and the health and safety of her children. Ms. Reeves stated that 100% of the residents of Penton Road had signed a petition in opposition to the project.
Mr. Huey Shirley, 1267 Penton Road, DeQuincy, appeared before the Police Jury and stated that he had lived there for 44 years. He agreed with statements made by the other residents and disagreed with the idea of running the sewer line underneath the road, because he said the discharge would end up in a nearby pond.
Ms. Betty Tolbert, 1400 Penton Road, DeQuincy, appeared before the Police Jury and stated that the residents were not against progress, but they felt this project should be located somewhere else. Ms. Tolbert also stated that there was housing in DeQuincy and that the DeQuincy Housing Authority currently had vacancies. She further stated that she did not think very many people could afford to pay the rent for the duplexes.
Mrs. Dawson stated that she had been told that the Chamber of Commerce in DeQuincy received a call once a week inquiring about availability of units like the one she proposed. She also stated that her sister, who lived approximately five minutes away from the location of the duplexes, would manage them.
In answer to a question by Mr. Clement, Mr. Wainwright stated that he had been “caught cold” on the question referred to earlier about running the sewer pipe underneath Penton Road. He explained that someone had contacted him around noon on this date about that proposition, and he told them he would have to research it, pointing out that the Parish did not like to swap one problem for another. Mr. Wainwright stated that under no circumstances was he able to provide an answer to that question at the meeting on this date and would have to check further.
Mr. Guillory asked if the applicants planned to provide low-income housing in the future, and Mrs. Dawson stated that was not their intent, since there was already a lot of low-income housing in the DeQuincy area, and they were looking to provide housing for mid-income citizens such as teachers, railroad employees, etc.
In answer to a question by Mr. McMillin, Mrs. Dawson advised that a six-foot privacy fence would be installed between her property and Mrs. Mericle’s, as well as behind the units, and there would be security lights.
Mr. Vickers stated that there was definitely a need for housing all over the Parish, and there had not been that many housing opportunities in the unincorporated areas of Ward Six of this type and quality. He further stated that he understood the residents’ concerns, but housing was still needed. With regard to questions/concerns related to effluent, Mr. Vickers advised that DHH would have be responsible for reviewing the plans, making the decision on what kind and how big of a system was needed, and permitting the system. Mr. Vickers stated that it seemed the applicant was going above and beyond the call of duty in terms of the kind of sewer plant that would be placed on the property.
Mrs. Treme stated that she had known Mrs. Dawson all of her life but had told her in the beginning that she would have to vote in favor of what the residents on Penton Road wanted, and that she had been completely honest with both the proponents and opponents during the entire process.
President Landry stated that each side would be allowed a three-minute rebuttal at this time.
Ms. Tolbert appeared again before the Police Jury and stated that there was a sawmill across the road. She advised that the noise from it started at 6:00 a.m. and quit around 6:00 p.m. and that trucks traveled in and out of there all day long. Ms. Tolbert also stated that when the weather was dry, dust just “boiled” out of the sawmill and when the weather was wet, the sawdust fermented and stunk. She further stated that she did not think anyone would stay long, and there would be a huge, continuing turnover of renters.
Mr. Stelly asked about the possibility of reducing the number of duplexes instead of scratching the entire project, to which Mr. Dawson explained that the need to generate sufficient income to offset the project would not allow a decrease in the number of units.
President Landry asked for a roll call vote on the motion on the floor which was to overturn the recommendation of the Planning and Zoning Board with respect to Zoning Request RZ06-037-06 and to deny the request to rezone. The result of the vote thereon was as follows:
YEAS:Mr. Andrepont, Mr. Brame, Mr. Collins, Mr. Danahay, Mr. Guidry, Mr. Manuel, Mr. McMillin, and Mrs. Treme
NAYS:Mr. Clement, Mrs. Griffin, Mr. Guillory, Dr. Mackey and Mr. Stelly
ABSENT:Mr. Moon
NOT VOTING:President Landry
The vote being eight (for) to five (against), President Landry declared the motion as having carried, and the recommendation of the Planning and Zoning Board was overturned with respect to Zoning Request RZ06-037-06, and the request to rezone was denied.
President Landry advised that action was needed on Zoning Case RZ03-001-07 which was a request by Alfred Miller Contracting (Agent) to rezone from R-1 (Single Family Residential) to I-1 (Light Industrial) to allow an expansion of an existing contractor’s shop and laydown yard (Alfred Miller Contracting) on L. Miller Road in Ward Three, Police Jury District 6 (Mr. Moon’s district). President Landry also advised that the Planning and Zoning Board had met on Tuesday, January 16, 2007, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the use be limited to a contracting business only, and (2) that a six-foot privacy fence must be installed along the west and north property lines within six months of zoning approval.
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-001-07 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5216
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Alfred Miller Contracting (Agent) to rezone from R-1 (Single Family Residential) to I-1 (Light Industrial) to allow an expansion of an existing contractor’s shop and laydown yard (Alfred Miller Contracting) on the property described as: Parcel 1: Rodger Charles Firmature and Rita Susan Floyd Firmature commence 1028.0 (Call 977.5) feet S and 838.0 (Call 828.0) feet W of the NE cor of S36, T10S, R9W; thence S 206.0 feet, thence W 200.0 feet, thence N 206.5 feet, thence E 200.0 feet to the pob. Parcel 2: Sherwood Goldman commence 977.5 feet S and 1028.0 feet W of the NE cor of S36, T10S, R9W; thence W 300.0 feet, thence S 206.6 feet, thence E 300.0 feet, thence N 206.5 feet to the pob. Parcel 3: Chester M. Miller and Sybil Miller commencing 1328 feet W and 1184 feet S m/l of the NE cor of S36, T10S, R9W, being the SW cor of the parcel of land sold by vendor unto Millard Sherwood Golemon, thence S 206.5 feet, thence E 300 feet, thence N 206.5 feet, thence W 300 feet to the pob.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of January, 2007, 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 Three of this parish:
From R-1 (Single Family Residential) to I-1 (Light Industrial) to allow an expansion of an existing contractor’s shop and laydown yard (Alfred Miller Contracting) with following stipulations: 1) that the use be limited to a contracting business only; and 2) that a 6’ privacy fence must be installed along the west and north property lines within 6 months of zoning approval, on the property described as: Parcel 1: Rodger Charles Firmature and Rita Susan Floyd Firmature commence 1028.0 (Call 977.5) feet S and 838.0 (Call 828.0) feet W of the NE cor of S36, T10S, R9W; thence S 206.0 feet, thence W 200.0 feet, thence N 206.5 feet, thence E 200.0 feet to the pob. Parcel 2: Sherwood Goldman commence 977.5 feet S and 1028.0 feet W of the NE cor of S36, T10S, R9W; thence W 300.0 feet, thence S 206.6 feet, thence E 300.0 feet, thence N 206.5 feet to the pob. Parcel 3: Chester M. Miller and Sybil Miller commencing 1328 feet W and 1184 feet S m/l of the NE cor of S36, T10S, R9W, being the SW cor of the parcel of land sold by vendor unto Millard Sherwood Golemon, thence S 206.5 feet, thence E 300 feet, thence N 206.5 feet, thence W 300 feet to the pob.
Zoning Case RZ03-001-07
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/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Upon motion made by Mr. Danahay, which was duly seconded by Mrs. Griffin and carried unanimously, the following ordinance was adopted amending Article IX, International Residential Code, and Article X, International Building Code, of the Code of Ordinances of Calcasieu Parish, Louisiana, to modify three sections within the Administrative Chapters of each Article:
ORDINANCE NO. 5217
AN ORDINANCE amending Chapter 6 of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to modify three (3) sections within the Administrative Chapters of Article IX: International Residential Code and Article X: International Building Code.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of January, 2007, that it does hereby amend Chapter 6 of the Code of Ordinances of the Parish of Calcasieu, Louisiana, by modifying three (3) sections within the Administrative Chapters of Article IX: International Residential Code and Article X: International Building Code, as follows:
SECTION I: Article IX: International Residential Code of the Code of Ordinances is amended by including the following in the provisions of said section:
R104.2Applications and permits.
The building official shall review construction documents for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
R104.7Department Records.
The permit supervisor shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records.
R105.2Building.
(1)One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 480 square feet (11.15m2).
SECTION II: Article X: International Building Code of the Code of Ordinances is amended by including the following in the provisions of said section:
R104.2Applications and permits.
The building official shall review construction documents for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
R104.7Department Records.
The permit supervisor shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records.
R105.2Building.
(1)One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 480 square feet (11.15m2).
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER AND FINALLY ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
This ordinance was adopted on the 18th day of January, 2007.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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It was moved by Mr. Andrepont, seconded by Mr. Brame and carried unanimously to adopt the following ordinance to amend the Code of Ordinances of Calcasieu Parish, Louisiana with reference to occupational licenses, more particularly, insurance companies’ due dates and penalty assessments:
ORDINANCE NO. 5218
AN ORDINANCE amending Chapter 15, Article IV. Insurance Companies, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 18th day of January, 2007, that it does hereby amend Chapter 15, Article IV. Insurance Companies, Secs. 15-104 and 15-106, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, regarding insurance companies due dates and penalty assessments, in accordance with the provisions of LSA — R.S. 22:1076(C)(1), as follows:
SECTION 1. Section 15-104. Due date, payment date; receipt, is amended in its entirety to read as follows:
The full amount of license taxes levied under this article shall be due January first of each year and shall be paid to the license officer for the parish on or before the first day of June each year, and the license officer shall issue to the insurer making the payment a license receipt on a printed form, showing the amount of said payment, and the license class under which said license is paid.
SECTION 2. Section 15-106. Delinquency penalties, is amended in its entirety to read as follows:
In case of any failure to make a report or to make payment of license tax as required by this article, five (5) percent per month, up to a maximum of twenty-five (25) percent, shall be added to the amount of tax due, and paid to the parish license officer, along with the tax due, unless evidence to the license officer’s satisfaction is submitted to show that such failure was due to some unforeseen or unavoidable reason other than mere neglect.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption and shall apply to 2007 licenses covered by the provisions outlined herein.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 18th day of January, 2007.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Parish Administrator &
Ex-Officio Parish Secretary
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Motion was made by Mrs. Griffin, seconded by Mr. Guidry and carried unanimously to adopt the following ordinance to formally ratify the establishment of an occupational license tax on the operation of each video draw poker device within the unincorporated area of Calcasieu Parish in the amount of $50.00 per device, in accordance with authority granted under LSA—R.S. 27:314: (It was noted that this was not a new levy of taxes, but rather, was simply to codify an existing practice authorized by State statute.)
ORDINANCE NO. 5219
AN ORDINANCE amending Chapter 15, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish an article ratifying the Parish’s current practice of imposing an occupational license tax on the operation of video draw poker or similar devices within the unincorporated areas of Calcasieu Parish in the amount of $50.00 per device, in accordance with the authority granted under LSA — R.S. 27:314.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 18th day of January, 2007, that it does hereby amend Chapter 15, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to allow for the inclusion of Video Draw Poker or Similar Devices as Article VIII, to ratify the Parish’s current collection of occupational license taxes on such devices, and to renumber existing Article VIII, as follows:
SECTION 1. Article VIII. is hereby named Video Draw Poker or Similar Devices and shall read in its entirety as follows:
ARTICLE VIII. VIDEO DRAW POKER OR SIMILAR DEVICES
Sec. 15-261. Imposition of fees and date for payment.
Pursuant to the provisions of LSA — R.S. 27:314, there is hereby levied an annual video poker occupational license tax on the operation of each video draw poker or similar device operated within the Parish of Calcasieu, State of Louisiana, outside of incorporated municipalities thereof. For the privilege of operating such devices in the unincorporated areas of Calcasieu Parish, the device owner will pay $50 per machine annually. All video poker occupational licenses shall be due and payable on the first day of January of the calendar year for which the license tax is due, except that in the case of the installation of a new or additional device, the first license tax shall be due and payable on the date that the device is installed at the location. In such case the entire license fee of $50 per device shall be due and owing without proration.
Sec. 15-262. Delinquency and penalty.
All license taxes unpaid prior to the first day of March of the calendar year for which they are due, or unpaid on the date of installation in the case of installation of additional or new devices, shall be deemed delinquent and subject to the payment of delinquent interest and penalty, to be calculated from the date due. Penalties and interest will be charged at the same rates as general occupational licenses, as specified in Sec. 15-23 hereof.
SECTION 2. Article VIII. Hazardous Materials Facilities, Sections 15-261 through 15-263 are hereby renumbered respectively as Article IX. Hazardous Materials Facilities, Sections 15-263 through 15-265.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 18th day of January, 2007.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Parish Administrator &
Ex-Officio Parish Secretary
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Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Guillory and carried unanimously, the Director of Planning and Development was authorized to notify the following property owners in accordance with Article II of Chapter Six of the Code of Ordinances of Calcasieu Parish, Louisiana, to show cause at a public hearing on February 15, 2007, or the first regular Police Jury meeting thereafter, as to why the structures on the properties as stipulated should not be condemned:
(1) 684 BRIAN STREET, north Sulphur area, Com SW Cor NE SW 10.9.10, E 308 Ft to Pt of Beg, TH N 454.15 Ft, N 42 Deg 30 Min E 58.46 Ft, E 319.61 Ft, S 497.80 Ft, W 359.16 Ft to Pt of Beg, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Brian Lin LeDoux, et ux, 684 Brian Street, Sulphur, LA 70663, TA# 01344715 (Police Jury District 14, Mr. McMillin);
(2) 237 CHILI WESTLUND, Carlyss area, Portion of Lot 4, Block B, Westlund and Landry Heirs Part Lying N of Bayou Choupique (1.65 Acs M/L) Less .07 Acs M/L said Les Desc as Com 252.3 Ft S of NE Cor Said Lot, TH S along E/L of Lot to N Bank Bayou Choupique, NWLY along Bayou to a Pt 335.04 Ft S and 330.76 Ft W of NE Cor Lot 3 said Partition, TH N 48 Degs E 95.3 Ft M/L to Com, Subj to Rd R/W’S-1.58 Acs M/L, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Ernest William Westlund, Jr, et al, 221 Chili Westlund Road, Sulphur, LA 70665, TA# 00186635 (Police Jury District 12, Mr. Clement);
NOTE: a public hearing was held on September 7, 2006, and the Police Jury deferred action on the proposed condemnation for 60 days, and in November, 2006, the Planning Staff administratively gave another 30 days, at the request of Mr. Clement.
(3) 6166 COMMON STREET, south Lake Charles area, Com 20 Ft N of SE Cor Lot 20 Dees and Foster Sub of E ½ 30 and NE 31.10.8 N 80 Ft W 200 Ft etc., Less .013 Acs for Hwy Parcel 10-3, Less .019 Acs for Hwy Parcel 10-3-A-1, Ward 3, Calcasieu Parish, Louisiana (one house) Mortgage Holder: Hibernia National Bank, 313 Carondelet, New Orleans, LA 70130, Owner: Charles Starrett Washington, 6116 Common Street, Lake Charles, LA 70607, TA# 00108022 (Police Jury District 7, Mr. Landry);
(4) DAVIS ROAD, Westlake area, Lot 2, West Fork Villas Subdivision, Less Com NW Cor, TH along W/L said Lot 7 Ft, E to Pt 17 Ft S of NE Cor said Lot, TH following E/L said Lot NLY to NE Cor, W to NW Cor and Com, Ward 3, Calcasieu Parish, Louisiana (one boat house) Owner: Charles Randall Slavinski, et ux, 7122 Keel Road, Sulphur, LA 70665, TA# 01323573 (Police Jury District 14, Mr. McMillin);
(5) 514 GOSS ROAD, Westlake area, Com NW Cor Lot 1, Block 1, Oak Ridge Subdivision, ELY 160 Ft along N Lot Line, S Parl with E/L Lot 1 240 Ft, WLY 160 Ft to W/L Lot 1, N 240 to Com, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Sandra Farris Bullock, 2665 Miller Avenue, Westlake, LA 70669, TA# 00145564 (Police Jury District 14, Mr. McMillin);
(6) 3791 LAKE BREEZE DRIVE, Deatonville area, Lots 47 and 48, Treasureland Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) 50 percent Owner: David G Boling, 1016 Mobile Street, Lake Charles, LA 70605, and 50 percent Owner: Robert T Boling, 1307 11th Street, Lake Charles, LA 70601, TA# 00075728A (Police Jury District 8, Mr. Brame);
(7) 9302 LANIER ROAD, south Lake Charles area, S/2 of Com on W Line SE Sec 25.11.9 said Pt of Com Being N 1252.2 Ft of SW Cor of SE TH N 417.4 Ft E 417.4 Ft etc., Ward 3, Calcasieu Parish, Louisiana (one house) Mortgage Holder: EquiCredit Corporation, 707 Benton Road, Suite 204, Bossier City, LA 71111, Owner: Douglas Eric Chandler, et ux, 9302 Lanier Road, Lake Charles, LA 70605, TA# 01345650 (Police Jury District 7, Mr. Landry);
(8) 1205 N PERKINS FERRY ROAD, Moss Bluff area, N/2 S/2 NE SE 36.8.9 Less .63 Acs M/L donated to Cathy Meredith Kelley, Ward 1, Calcasieu Parish, Louisiana (one manufactured home) Owner: Rodie David Kelley, et al, c/o Kris Vinson, 1179 N Perkins Ferry Road, Lake Charles, LA 70611, TA# 00017094 (Police Jury District 1, Mr. Manuel);
(9) 8700 ROY ROAD, south Lake Charles area, Com 1110.75 Ft N and 650 Ft E of SW Cor Lot 5 Lebleu Heirs Partition Sub of Sec 19.11.8 Lying S of Black Bayou the E 50 Ft M/L to E Line Said Lot 5 TH N 656.75 Ft M/L to Bank of Black Bayou TH WLY along Bank of Black Bayou 50 Ft M/L TH S Parallel to W Line said Lot 5, 660 Ft M/L to Com and Com 1110.75 Ft N and 600 Ft E of SW Cor Lot 5 Lebleu Heirs Partition Sub 19.11.8 lying S of Black Bayou TH E 50 Ft, N 660 Ft M/L to Black Bayou, WLY along Bayou 50 Ft, S 660 Ft M/L to Beg, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Kenneth H Hopper, et ux, 616 W Claude Street, Lake Charles, LA 70607, TA# 0534501 (Police Jury District 7, Mr. Landry);
(10) 1509 SAN ANN DRIVE, Sulphur area, Lots 9 and 10, Block 1, Happy Hills Subdivision, Ward 4, Calcasieu Parish, Louisiana (two manufactured homes) Owner: David Holtzman, 2618 Magnolia Lane, Lake Charles, LA 70605, TA# 00129305 (Police Jury District 15, Mr. Danahay);
(11) TALLOW ROAD, south Lake Charles area, land located in NE SW 29.10.8 lying W of E lateral of the irrigation canal R/W of the Lake Canal Co des as: Com 1883.86 Ft E of NE Cor SW Sec 29 TH S 1336.92 Ft E 80.77 Ft TH N 26 Deg E 1263.65 Ft TH N 80 Deg W 168.38 Ft N 1 Deg E 189.28 Ft W 475.87 Ft to Com, Ward 3, Calcasieu Parish, Louisiana (nine manufactured homes) Owner: Deep South Properties, Inc., 720 Tallow Road, Lake Charles, LA 70607, TA# 00935026 (Police Jury District 7, Mr. Landry);
(12) 5843 THOMPSON ROAD, Carlyss area, Com at NW Cor of S ½ of NW SW 28.10.10 TH S 234 Ft E 208.7 Ft etc, Ward 4, Calcasieu Parish, Louisiana (one house) Owner: Jimmie Chargois, 5843 Thompson Road, Sulphur, LA 70665, TA# 00125660 (Police Jury District 12, Mr. Clement);
(13) 3916 WILDFLOWER DRIVE, Carlyss area, Lot 26, Rosemont Subdivision, No. 3, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Floyd Phillip LeBlanc, Jr., 2455 S Savanna Lane, Lake Charles, LA 70605, TA#’s 01346210 and 01359935 (Police Jury District 12, Mr. Clement).
* * * * * * * * * * * *
It was moved by Mr. Collins, seconded by Mrs. Griffin and carried unanimously to adopt the following resolution:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 18th day of January, 2007, that it does hereby approve an agreement between the Police Jury and Brossett Architect, LLC, for the expansion, acquisition, planning, and construction related to the Allen P. August, Sr. Multi-Purpose Center.
BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by Mr. McMillin, seconded by Mr. Manuel 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 18th day of January, 2007, that it does hereby approve the renewal of a Legislative Consulting Agreement between the Police Jury and McCleary and Associates, Inc. for legislative monitoring services for the Year 2007.
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.
* * * * * * * * * * * *
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Danahay and carried unanimously, the following resolution was adopted to fill a vacancy on the Quality Assurance Review Panel for Ambulance Services, said vacancy having been created by the resignation of Captain Tommy J. Davis due to his retirement from the Lake Charles Police Department, and in accordance with the recommendation of Chief Don Dixon that Lieutenant James E. Viney, Jr. be appointed to fill this vacancy:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of January, 2007, that it does hereby appoint Lieutenant James E. Viney, Jr., to replace Captain Tommy J. Davis, as a member of the Board of the Quality Assurance Review Panel for Ambulance Services, said term to expire July 31, 2009.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
Motion was made by Mrs. Griffin, seconded by Dr. Mackey 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 18th day of January, 2007, that it does hereby amend the composition of the Calcasieu Parish Children and Youth Planning Board to (1) increase the number of slots for Parenting and Youth Organizations from one to two, with at least one of the representatives being a racial minority, (2) increase the number of slots for Judiciary from one to two, and (3) remove the two youth representative positions.
BE IT FURTHER RESOLVED that the revised composition of the Calcasieu Parish Children and Youth Planning Board shall be as follows:
Representation |
Position |
|
Education |
2 |
One member representing early childhood/elementary education and one member representing secondary and special education, both nominated by the Calcasieu Parish School Board; |
|
|
|
Law Enforcement |
2 |
Police Chief, City of Lake Charles, or designee; Calcasieu Parish Sheriff, or designee; |
|
|
|
Prosecution |
1 |
Calcasieu Parish District Attorney, or designee; |
|
|
|
Public Defense |
1 |
Executive Director, Public Defender’s Office, or designee; |
|
|
|
Judiciary |
2 |
14th Judicial District Family and Juvenile Court Judge, or designee; |
|
|
|
Juvenile Justice |
2 |
Director, Calcasieu Office of Juvenile Justice Services, or designee; District Manager, Louisiana Office of Youth Development, or designee; |
|
|
|
Health Care |
1 |
Regional Director, Louisiana Office of Public Health, or designee; |
|
|
|
Mental Health |
1 |
Regional Manager, Louisiana Office of Mental Health, or designee; |
|
|
|
Substance Abuse Prevention and Treatment |
1 |
Regional Manager, Louisiana Office for Addictive Disorders, or designee; |
|
|
|
Social Services |
2 |
Regional Manager, LA Office of Community Services; or designee; Executive Director, Education and Treatment Council, Inc., or designee; |
|
|
|
Faith Based Community |
2 |
One member residing in Wards 1, 2, 3 or 8, and one residing in Wards 4, 5, 6 or 7, with at least one of the members being a racial minority; |
|
|
|
Business Community |
1 |
Nominated by the Southwest Louisiana Chamber of Commerce; |
|
|
|
Parenting and Youth Organizations |
2 |
Representing an agency whose services include mentoring for children and/or youth, with at least one of the members being a racial minority; |
|
|
|
Other |
22 |
Calcasieu Parish Police Jury liaisons to the Office of Juvenile Justice Services; Parent representatives, with one residing in Wards 1, 2, 3 or 8, and one residing in Wards 4, 5, 6 or 7, with at least one of the members being a racial minority. |
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
It was moved by Dr. Mackey, 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 18th day of January, 2007, that it does hereby authorize the President of the Police Jury to execute the renewal of Contracts to Provide Services/Hold Harmless Agreements between the Police Jury and the following individuals for parkkeeper services:
Beverly and Kenneth DeRouen. . . . . . . . . . . . . . . . . . . . . . . . . . . Lorrain Park, Ward Two
Florence and Howard Davis. . . . . . . . . . . . . . . . . . . . . . . . .Prien Lake Park, Ward Three
John and Patricia Shoults. . . . . . . . . . . . . . . . . . . .Calcasieu Point Landing, Ward Three
BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *
Upon motion made by Mr. Stelly, which was duly seconded by Mr. Clement and carried unanimously, the President of the Police Jury was authorized to execute the necessary documentation for donation of right-of-way from Jason and Tanya LaBove, Derek Vaughan, A. J. Vaughan, Ray and Latricia George, Charles and Bonnie Theriot, Daniel Savoie, Evan and Ursula LaBove, and Vince and Lorie Theriot on Aubrey Drive in Ward Two.
Motion was made by Mr. Danahay, seconded by Mr. Brame and carried unanimously that the General Insurance Committee Report dated January 18, 2007, and all recommendations contained therein, be approved as follows:
Following a brief report by Mr. Danahay, Chairman of the General Insurance Committee, motion was made by Mr. Brame and seconded by Mr. Danahay to approve the General Insurance Committee Report dated January 18, 2007, and all recommendations contained therein, as follows:
GENERAL INSURANCE COMMITTEE REPORT
January 18, 2007
A meeting of the General Insurance Committee was held at 5:00 p.m. on Thursday, January 18, 2007, in the Police Jury Meeting Room of the Parish Government Building, located at 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Mike Danahay, Chairman, presiding and the following members present:
Mrs. Sandra J. “Sandy” Treme, Mr. Francis Andrepont, Mrs. Elizabeth Conway Griffin, and Mr. Tony Stelly
Absent: Mr. Cornelius “Cornie” Moon
Also present were Police Jurors Guy Brame, Brent Clement, Tony Guillory, Don Manuel, Charles S. Mackey, D.D.S., and Hal McMillin, as well as staff members Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Jerry Milner, Mr. Allen L. Smith, Jr., and Ms. Kathy P. Smith.
Said Committee:
(a) Received report from staff as to recommendations regarding general liability coverage and matters related thereto and recommended that the Parish not renew its general liability insurance coverage when it expires on February 1, 2007.
(b) Recommended approval of a contract with the Public Entity and Scholastic Division of Arthur J. Gallagher Risk Management Services, Inc., for professional enterprise risk management consulting services related to the Parish’s property, general liability, and workers’ compensation risk plans.
(c) Recommended approval of a contract with Milliman, Inc., for professional actuarial services for computation of post-employment health insurance liability.
* * * * * * * * * * * *
With reference to Recommendation (a) as listed heretofore, Mr. McMurry explained that money would be budgeted to handle legitimate claims from funds originally budgeted for paying large insurance premiums. He further explained that Mr. Smith had done extensive research on this matter and that parishes across the State had done this. Mr. McMurry stated that this change would be a fairer approach for those justifiably entitled to compensation as opposed to the current approach that was not fair to the majority of citizens.
In answer to a question by Mr. Stelly, Mr. McMurry explained that a committee of staff members, including legal counsel, and insurance consultants would be formed to handle distribution of claims and that in accordance with Police Jury policy, any claim in excess of $25,000 would require formal action by the Police Jury.
With reference to Recommendation (c) of the General Insurance Committee Report, Mrs. Griffin pointed out that she had requested that Mr. Milner come back with a report on what effect this would have on the Parish’s retirees and whether it would result in an increase in premiums. Mr. Milner assured her he would present this information to the General Insurance Committee upon receipt of same.
A vote taken on the motion on the floor carried unanimously, said motion being to approve the General Insurance Committee Report dated January 18, 2007, and all recommendations contained therein.
It was moved by Mr. Clement, seconded by Mr. McMillin and carried unanimously to accept Calcasieu Parish Project No. 2005-05 (Dave Dugas Road Bridge) as substantially complete.
Upon motion made by Mr. Manuel, which was duly seconded by Mrs. Griffin and carried unanimously, the Parish Administrator was authorized to advertise for Calcasieu Parish Project No. 2007-01 (Hardsurfacing and Drainage Improvements of Various Roads) and Calcasieu Parish Project No. 2005-10 (Red Davis Road Extension Project).
President Landry asked what the anticipated completion date was of the Red Davis Road extension project, to which Mr. Smart responded that it would be after bids were received by the Police Jury, with anticipated completion in the Fall of 2008.
Motion was made by Mr. Guillory, seconded by Mr. Collins and carried unanimously that the Parish Purchasing Agent be authorized to purchase one (1) 2007 Dodge 2500 Quad Cab 4x4 Diesel/Automatic with Towing Package, utilizing State Contract Purchasing Procedures, for use at the Calcasieu Parish Emergency Response Training Center.
It was moved by Mr. Collins, seconded by Mr. Guidry and carried unanimously to authorize the Parish Purchasing Agent to purchase a Sports Utility Vehicle (SUV), utilizing State Contract Purchasing Procedures, for use by the Medical Reserve Corps, Department of Health and Hospitals.
Upon motion made by Mr. Clement, which was duly seconded by Mrs. Griffin and carried unanimously, the rules were suspended by a two-thirds majority vote to adopt the following resolution of condolences to the family of Mr. Wayne Frey:
Resolution in Memoriam
Frederick Wayne Frey
WHEREAS, the life and service of Frederick Wayne Frey are engraved on memory’s table, and he will be remembered affectionately by those who proudly knew him; and
WHEREAS, Mr. Frey was a graduate of St. Aloysius Elementary School and Catholic High School in Baton Rouge, where he was a 1971 National Merit Scholarship finalist, and was also a graduate of LSU and LSU School of Law; and
WHEREAS, Mr. Frey was an assistant district attorney for Calcasieu Parish since 1979, serving five district attorneys, and was chief felony prosecutor, specializing in high profile cases, capital cases, and those involving multiple felony offenders, as well as Hurricane Rita looting cases; and
WHEREAS, Mr. Frey was president of the assistant district attorney’s section of the Louisiana District Attorneys Association and a member of the LDAA board of directors, served for 26 years as a criminal law instructor at the Law Enforcement Academy, and helped develop the Sexual Assault Nurse Examiners program in Calcasieu Parish; and
WHEREAS, Mr. Frey drafted legislation affecting criminal law and testified on numerous occasions before legislative committees in support of law-enforcement-oriented laws; and
WHEREAS, Mr. Frey was a guest lecturer for national state and local legal organizations and was chosen Assistant District Attorney of the Year in 2001 by Common Sense Against Crime and Crimefighters.
WHEREAS, Mr. Frey was treasured and respected not only as an assistant district attorney and avid LSU fan, but as a father, godfather, son, brother, brother-in-law, uncle, leader and friend to so many whose lives he touched; and
WHEREAS, Mr. Frey will long be remembered for his untiring efforts, and accomplished and dedicated service, which resulted in the betterment of his community, parish, and state, and for his genuine love for his family and fellow man; and