March 22, 2007

                                                                                    Lake Charles, Louisiana

 

            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, March 22, 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, Cornelius “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. Jerry Milner, Director of Finance; Mr. Eric Roan 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 Maintenance; and Mr. Jim Vickers, Director of Planning and Development.


            President Landry called the meeting to order. The invocation was pronounced by Mrs. Treme, and the Pledge of Allegiance was led by President Landry. The roll was called with the result being as outlined above.


            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.


            Mr. Andrepont was granted a point of personal privilege, and he asked President Landry, Mr. Guillory, and Mr. Danahay to join him at the podium. Mr. Andrepont presented a plaque to President Landry which was received from the Toys for Tots Program in appreciation of the Police Jury’s annual financial participation in said program.


            President Landry 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 Calcasieu Parish Project No. 2007-02 (Overlaying of Various Roads in Calcasieu Parish, Louisiana), and appropriate action would be taken thereon.


            Mr. McMurry then proceeded to open the following bids:

 

            Prairie Contractors, Inc.                                                                      $2,278,460.00

            R. E. Heidt Construction Company, Inc.                                                $1,770,909.22


            There being no other bids, motion was made by Mr. Andrepont, seconded by Mrs. Griffin 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 April 5, 2007.


            It was moved by Mrs. Griffin, seconded by Mr. Moon and carried unanimously to ratify the issuance of the following Special Events Permit:


            Type B permit to allow alcoholic beverages for the special event:


            ROBERT BARBRE, JR. BENEFIT

        April 27, 28, 2007

            2668 Hwy 171 North, Lake Charles, LA 70611

            VFW Post 9933

            Michael Fisher – Organizer

            (Calvin Collins’ District)


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


            Upon motion made by Mr. Andrepont, which was duly seconded by Dr. Mackey and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated February 15, 2007, were approved, and the reading of same was dispensed with.


            President Landry advised that action was needed on Road Abandonment Case RA02-001-07 which was a request by Joycelyn M. Spears to abandon a 16' alley between Bienville Street and Cadillac Street in Hayes in Ward Two, Police Jury District 10 (Mr. Stelly’s district). He further advised that the Planning and Zoning Board had met on Tuesday, February 13, 2007, and voted ten (for) to one (against) to recommend that the request be granted and that on Thursday, February 15, 2007, the Police Jury deferred action on this request for thirty days.


            Motion was made by Mr. Stelly, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RA02-001-07 and that the request to abandon be granted; whereupon, the following resolution was adopted:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 22nd day of March, 2007, that it does hereby abandon a 16' alley between Bienville Street and Cadillac Street in Hayes in Ward Two of Calcasieu Parish, Louisiana, as requested by Joycelyn M. Spears and as recommended by the Calcasieu Parish Planning and Zoning Board, on the property more particularly described as:

 

Lots 1-21 of Blk 31 of Old Town Site of Hayes, as per plat recorded in Plat Book 53, Page 629, records of Calcasieu Parish, Louisiana.


            RA02-001-07


            BE IT FURTHER AND FINALLY RESOLVED that the above public right-of-way set forth above is hereby declared officially abandoned with one-half of said abandoned right-of-way reverting to the abutting property owners as prescribed by law.


            THUS PASSED AND ADOPTED on the date above inscribed.


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

            President Landry advised that action was needed on Zoning Case RZ03-017-06, Ordinance No. 5121, which was a request by Eddie and Bernadine Manuel to revert the zoning on the property back to A-1 (Agricultural) since no development would be done at this time (Highway 3059 in Ward Three, Police Jury District 2, Mr. Collins’ district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, March 20, 2007, and voted unanimously to recommend that the request be granted. [On June 15, 2006, the Police Jury approved a request by Eddie and Bernadine Manuel to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (12 spaces).]


            It was moved by Mr. Manuel, seconded by Mr. McMillin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ03-017-06 and to grant the request to revert the zoning to A-1; whereupon, the following ordinance was adopted:


ORDINANCE NO. 5252

 

AN ORDINANCE repealing Ordinance No. 5121, adopted by the Police Jury on June 15, 2006, which rezoned the following property in Ward Three, in Zoning Case RZ03-017-06 from A-1 (Agricultural) to R-MHP (Manufactured Home Park), since no development will be done at this time on the property described as: A parcel of land in the NW/4 of SE/4 S15, T9S, R8W, Calcasieu Parish, Louisiana, described as com at the NW cor of the NW/4 of SE/4 of S15, T9S, R8W; thence run S 1 deg 11’ 01’’ W along the W line of said NW/4 of SE/4, a distance of 330’; thence run S 89 degs 16’ 06’’ E, a distance of 541.99’ to the pob; thence run S 89 degs 16’ 06’’ E, a distance of 321.43’; thence run S 1 deg 00’ 01’’ W parallel to the W line of said NW/4 of SE/4, a distance of 238.79’ to the N row line of La. Hwy. 3059; thence run Westerly along said row line, said line being an arc with a radius of 656.58’ and a long chord which bears S 81 degs 09’ 00’’ W, 240.37’ an arc distance of 241.73’; thence run S 87 degs 49’ 34’’ W along said row line, a distance of 75.25’; thence run N 88 degs 23’ 40’’ W along said row line, a distance of 8.87’; thence run N 1 deg 00’ 01’’ E, a distance of 282.51’ to the pob. Contains 2.0 acres.

 

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 22nd day of March, 2007, that Ordinance No. 5121, adopted by the Police Jury on June 15, 2006, is hereby repealed and declared to be null and void and of no effect.


            BE IT FURTHER ORDAINED that the following described property located in Ward Three is hereby classified as A-1 (Agricultural): A parcel of land in the NW/4 of SE/4 S15, T9S, R8W, Calcasieu Parish, Louisiana, described as com at the NW cor of the NW/4 of SE/4 of S15, T9S, R8W; thence run S 1 deg 11’ 01’’ W along the W line of said NW/4 of SE/4, a distance of 330’; thence run S 89 degs 16’ 06’’ E, a distance of 541.99’ to the pob; thence run S 89 degs 16’ 06’’ E, a distance of 321.43’; thence run S 1 deg 00’ 01’’ W parallel to the W line of said NW/4 of SE/4, a distance of 238.79’ to the N row line of La. Hwy. 3059; thence run Westerly along said row line, said line being an arc with a radius of 656.58’ and a long chord which bears S 81 degs 09’ 00’’ W, 240.37’ an arc distance of 241.73’; thence run S 87 degs 49’ 34’’ W along said row line, a distance of 75.25’; thence run N 88 degs 23’ 40’’ W along said row line, a distance of 8.87’; thence run N 1 deg 00’ 01’’ E, a distance of 282.51’ to the pob. Contains 2.0 acres.


            BE IT FURTHER ORDAINED that Chapter 26 - Zoning, of the Code of Ordinances, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, are hereby amended to reflect the A-1 (Agricultural) zoning classification referred to above.


            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.


            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

* * * * * * * * * * *


            President Landry advised that no action was needed on Zoning Case RZ01-003-07 which was a request by Powell Timber Company to rezone from A-1 (Agricultural) to R-1 (Single Family Residential), R-M (Multi-Family Residential), and C-2 (General Commercial) to allow a planned community development (mostly residential with low density commercial development at Cypress Lake Drive and Dunn Ferry Road in Ward One, Police Jury District 1 (Mr. Manuel’s district). President Landry explained that the reason no action was needed by the Police Jury on this date was due to the fact that the Planning and Zoning Board had met on Tuesday, March 20, 2007, and voted eight (for) to three (against) to defer action for thirty days.


            President Landry advised that action was needed on Zoning Case RZ03-002-07 which was a request by John K. Broussard to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (RV and boat storage) at 6515 Lake Street in Ward Three, Police Jury District 7 (Mr. Landry’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, March 20, 2007, 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 a solid six-foot wood or masonry fence must be installed along the west property line (Lake Street) for a distance of approximately 175 feet prior to permit issuance, (3) that all drives and parking must be hardsurfaced (concrete or asphalt) upon completion of the storage facility, (4) that the west side of the building(s) must have a brick facade upon completion of each building, and (5) that a landscape plan must be submitted and approved by the Division of Planning and Development for the area along the required fence line prior to permit issuance, and further, landscaping must be installed prior to permit issuance.


            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Moon and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to RZ03-002-07, and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:


ORDINANCE NO. 5253

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by John K. Broussard to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (RV and boat storage) on the property described as: Com at a point N 00 degs 04’ 39” W a distance of 124.25 feet of the SW cor of the NW/4 of the SW/4 of S31, T10S, R8W; thence N 89 degs 41’ 57” E a distance of 503.70 feet; thence N 00 degs 04’ 39” W a distance of 375.75 feet; thence N 89 degs 41’ 57” E a distance of 522.03 feet; thence S 00 degs 04’ 39” E a distance of 700.00 feet; thence S 89 degs 41’ 57” W a distance of 1026.00 feet; thence N 00 degs 04’ 39” W a distance of 324.25 feet to the poc.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 22nd day of March, 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 -1 (Agricultural) to C-2 (General Commercial) to allow commercial development (RV and boat storage) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that a solid 6’ wood or masonry fence must be installed along the west property line (Lake Street) for a distance of approximately 175’ prior to permit issuance; 3) that all drives and parking must be hardsurfaced (concrete or asphalt) upon completion of the storage facility; 4) that the west side of the building(s) must have a brick façade upon completion of each building; and 5) that a landscape plan must be submitted and approved by the Division of Planning and Development for the area along the required fence line prior to permit issuance. Landscaping must be installed prior to permit issuance on the property described as: Com at a point N 00 degs 04’ 39” W a distance of 124.25 feet of the SW cor of the NW/4 of the SW/4 of S31, T10S, R8W; thence N 89 degs 41’ 57” E a distance of 503.70 feet; thence N 00 degs 04’ 39” W a distance of 375.75 feet; thence N 89 degs 41’ 57” E a distance of 522.03 feet; thence S 00 degs 04’ 39” E a distance of 700.00 feet; thence S 89 degs 41’ 57” W a distance of 1026.00 feet; thence N 00 degs 04’ 39” W a distance of 324.25 feet to the poc.

 

Zoning Case RZ03-002-07


            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

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


            President Landry advised that action was needed on Zoning Case RZ01-004-07 which was a request by residents of Verna Lane to rezone from R-2 (Mixed Residential) to R-1 (Single Family Residential) to maintain the single-family residential character of the area on Verna Lane in Ward One, Police Jury District 2 (Mr. Collins’ district). He further advised that the Planning and Zoning Board had met on Tuesday, March 20, 2007, and voted unanimously to recommend that the request be granted.


            Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ01-004-07 and that the request to rezone be granted; whereupon, the following ordinance was adopted:


ORDINANCE NO. 5254

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Residents of Verna Lane to rezone from R-2 (Mixed Residential) to R-1 (Single Family Residential) to maintain the single family residential character of the area on the property described as: Property located on both sides of Verna Lane in the SW/4 of Section 33, Township 8 South, Range 8 West, containing 20.74 acres.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 22nd day of March, 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 One of this parish:

 

From R-2 (Mixed Residential) to R-1 (Single Family Residential) to maintain the single family residential character of the area on the property described as: Property located on both sides of Verna Lane in the SW/4 of Section 33, Township 8 South, Range 8 West, containing 20.74 acres.

 

Zoning Case RZ01-004-07


            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


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


            It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously to adopt the following resolutions:


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 PetroLogistics Olefins, LLC to clear an 8 acre area of workspace for (4) drill sites, install and maintain (4) 50-feet by 50-feet limestone well pads, a 100-feet by 100-feet limestone well pad for Cavern No. 1 Well, a 1500-feet by 24-feet limestone base entrance road with a 70-feet by 40-feet entrance wing, (4) 100-feet by 24-feet branch roads for access to well sites, and install within 70-feet of right-of-way through trench and backfill operations and horizontal directional bores and by utilizing above ground racks (2) 12-inch pipelines (2.1 miles in length), all to provide an underground storage facility for methane produced by local refiners. Project implementation would require the deposition of 6,845 cubic yards of earthen/aggregate material and impact approximately 12.1 acres of wetlands. Said project is located north of Highway 90 in the Sulphur Oil Field, near Sulphur, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of PetroLogistics Olefins, LLC, 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 22nd day of March, 2007, that it does hereby indicate no objection to the proposal of PetroLogistics Olefins, LLC to clear an 8 acre area of workspace for (4) drill sites, install and maintain (4) 50-feet by 50-feet limestone well pads, a 100-feet by 100-feet limestone well pad for Cavern No. 1 Well, a 1500-feet by 24-feet limestone base entrance road with a 70-feet by 40-feet entrance wing, (4) 100-feet by 24-feet branch roads for access to well sites, and install within 70-feet of right-of-way through trench and backfill operations and horizontal directional bores and by utilizing above ground racks (2) 12-inch pipelines (2.1 miles in length), all to provide an underground storage facility for methane produced by local refiners. Project implementation would require the deposition of 6,845 cubic yards of earthen/aggregate material and impact approximately 12.1 acres of wetlands. Said project is located north of Highway 90 in the Sulphur Oil Field, near Sulphur, 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 by Lake Charles Harbor and Terminal District for a time extension to continue maintenance dredging operations within an area as necessary to provide adequate depths for marine vessel access. The operation will occur within an area approximately 1860 feet long by 370 feet wide and situated approximately parallel to the existing shoreline, the outer edge to extend 370 feet channelward, therefrom. Excavation activities would result in the removal of approximately 80,000 cubic yards of accumulated channel bottom material. The proposed material is to be placed within an approved Corps spoil disposal area. Said project is located in the Calcasieu River, on the right descending bank, approximately 30.2 miles above the mouth of the waterway, in Lake Charles, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Lake Charles Harbor and Terminal District, 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 22nd day of March, 2007, that it does hereby indicate no objection to the proposal of Lake Charles Harbor and Terminal District for a time extension to provide adequate depths for marine vessel access. The operation will occur within an area approximately 1860 feet long by 370 feet wide and situated approximately parallel to the existing shoreline, the outer edge to extend 370 feet channelward, therefrom. Excavation activities would result in the removal of approximately 80,000 cubic yards of accumulated channel bottom material. The proposed material is to be placed within an approved Corps spoil disposal area. Said project is located in the Calcasieu River, on the right descending bank, approximately 30.2 miles above the mouth of the waterway, in 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, 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.


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


            Motion was made by Mr. Andrepont and seconded by Mrs. Treme to adopt a resolution approving a Joint Services Agreement between the Police Jury, Division of Planning and Development, and the City of DeQuincy to provide inspection services at a cost of $45.00 per inspection for State-mandated building codes, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.


            Mr. Danahay asked if the Parish’s inspectors would be combining some of the inspections, for instance, making one trip and doing the electrical and the plumbing inspections at one time, instead of multiple trips, and whether the inspectors could get additional certifications to aid in that process. Mr. Vickers responded that the municipalities would be encouraged to coordinate the inspections to cut down on the number of call outs and that the Parish would have to charge for each trip. He further stated that the Parish inspectors were being encouraged to get more than one certification to improve efficiency and to make best use of the Parish’s labor, training, and time.


            A vote taken on the motion on the floor carried unanimously, and the following resolution was adopted:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 22nd day of March, 2007, that it does hereby approve a Joint Services Agreement between the Police Jury, Division of Planning and Development, and the City of DeQuincy to provide inspection services at a cost of $45.00 per inspection for State-mandated building codes.


            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.


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

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


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 22nd day of March, 2007, that it does hereby approve the submittal of an application to the Hazard Mitigation Grant Program, Governor’s Office of Homeland Security and Emergency Preparedness, for elevation, acquisition, and pilot reconstruction of buildings that have been repetitively flooded or substantially damaged.


            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. Treme, which was duly seconded by Dr. Mackey and carried unanimously, the following resolution was adopted:


RESOLUTION

 

A RESOLUTION APPROVING THE ISSUANCE, SALE AND DELIVERY BY THE CALCASIEU PARISH PUBLIC TRUST AUTHORITY OF $1,500,000 GULF OPPORTUNITY ZONE REVENUE BONDS (FALGOUST EYE MEDICAL PROPERTIES, L.L.C. PROJECT), SERIES 2007.


            WHEREAS, on January 18, 2007, the Louisiana State Bond Commission approved a Notice of Intention to Issue Bonds and a Notice of Sale of Bonds in connection with issuance by the Calcasieu Parish Public Trust Authority (“Issuer”) of not exceeding $1,500,000 principal amount of Gulf Opportunity Zone Revenue Bonds (Falgoust Eye Medical Properties, L.L.C. Project), Series 2007, and authorized its publication, all in accordance with the provisions of Chapter 2-A of Code Title II of Title 9 of the Louisiana Revised Statutes of 1950, as amended (the “Act”), and the Gulf Opportunity Zone Act of 2005 (Public Law 109-135) (“GO Zone Act”); and


            WHEREAS, on January 10, 2007, in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (“Code”) and the Treasury Regulations promulgated thereunder (the “Regulations”) regarding the public approval prerequisite to assure the exemption from federal income taxation of the interest on the Bonds, the Calcasieu Parish Public Trust Authority conducted a public hearing, after reasonable public notice, with regard to issuance of the Bonds by the Issuer; and


            WHEREAS, no one appeared at the public hearing to ask questions or give statements or comments (pro or con) concerning the Bonds;


            WHEREAS, on January 10, 2007, the Issuer authorized issuance, sale and delivery of $1,500,000 Calcasieu Parish Public Trust Authority Gulf Opportunity Zone Revenue Bonds (Falgoust Eye Medical Properties, L.L.C. Project), Series 2007, and approved the form of the major financing documents in connection therewith;


            WHEREAS, a public sale of the Bonds will be held before the Louisiana State Bond Commission at its regular meeting on in April 19, 2007, and it is anticipated that the Bonds will be issued and delivered in May, 2007; and


            WHEREAS, the Calcasieu Parish Police Jury, as the elected representatives of the Parish, and the beneficiary of the Calcasieu Parish Public Trust Authority, must approve the issuance of the Bonds after a public hearing.


            NOW, THEREFORE,


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, the governing authority of the Parish of Calcasieu, Louisiana, convened in Regular Session on the 22nd day of March, 2007, as follows:


            Section 1. The issuance, sale and delivery by the Calcasieu Parish Public Trust Authority of not exceeding $1,500,000 Gulf Opportunity Zone Revenue Bonds (Falgoust Eye Medical Properties, L.L.C. Project), Series 2007 (the “Bonds”), is hereby approved.


            Section 2. This approval for issuance of the Bonds is given pursuant to and in satisfaction of the requirements of the Act, the Code and the Regulations.


            Section 3. All resolutions in conflict herewith be, to the extent of such conflict, and the same are hereby repealed.


            THUS APPROVED AND ADOPTED this 22nd day of March, 2007.


                                                                                    /s/ CHRIS E. LANDRY, President

ATTEST:


/s/ S. MARK McMURRY, Administrator &

Ex-Officio Secretary


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


            Motion was made by Mrs. Griffin, seconded by Mr. Guidry and carried unanimously that the following resolution be adopted:


RESOLUTION

 

A RESOLUTION APPROVING THE ISSUANCE, SALE AND DELIVERY BY THE CALCASIEU PARISH PUBLIC TRUST AUTHORITY OF NOT EXCEEDING $15,000,000 GULF OPPORTUNITY ZONE REVENUE BONDS (LAKE HOTEL GROUP, L.L.P. PROJECT), SERIES 2007.


            WHEREAS, on December 21, 2006, the Louisiana State Bond Commission approved a Notice of Intention to Issue Bonds and a Notice of Sale of Bonds in connection with issuance by the Calcasieu Parish Public Trust Authority (“Issuer”) of not exceeding $15,000,000 principal amount of Gulf Opportunity Zone Revenue Bonds (Lake Hotel Group, L.L.P. Project), Series 2007, and authorized its publication, all in accordance with the provisions of Chapter 2-A of Code Title II of Title 9 of the Louisiana Revised Statutes of 1950, as amended (the “Act”), and the Gulf Opportunity Zone Act of 2005 (Public Law 109-135) (“GO Zone Act”); and


            WHEREAS, on January 10, 2007, in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (“Code”) and the Treasury Regulations promulgated thereunder (the “Regulations”) regarding the public approval prerequisite to assure the exemption from federal income taxation of the interest on the Bonds, the Calcasieu Parish Public Trust Authority conducted a public hearing, after reasonable public notice, with regard to issuance of the Bonds by the Issuer; and


            WHEREAS, no one appeared at the public hearing to ask questions or give statements or comments (pro or con) concerning the Bonds;


            WHEREAS, on December 13, 2006, the Issuer authorized issuance, sale and delivery of not exceeding $15,000,000 Calcasieu Parish Public Trust Authority Gulf Opportunity Zone Revenue Bonds (Lake Hotel Group, L.L.P. Project), Series 2007, and approved the form of the major financing documents in connection therewith;


            WHEREAS, a public sale of the Bonds was held before the Louisiana State Bond Commission at its regular meeting on January 18, 2007, and it is anticipated that the Bonds will be issued and delivered in April, 2007;


            WHEREAS, the Calcasieu Parish Police Jury, as the elected representatives of the Parish, and the beneficiary of the Calcasieu Parish Public Trust Authority, must approve the issuance of the Bonds after a public hearing;


            NOW, THEREFORE,


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, the governing authority of the Parish of Calcasieu, Louisiana, convened in Regular Session on the 22nd day of March, 2007, as follows:


            Section 1. The issuance, sale and delivery by the Calcasieu Parish Public Trust Authority of not exceeding $15,000,000 Gulf Opportunity Zone Revenue Bonds (Lake Hotel Group, L.L.P. Project), Series 2007 (the “Bonds”), is hereby approved.


            Section 2. This approval for issuance of the Bonds is given pursuant to and in satisfaction of the requirements of the Act, the Code and the Regulations.


            Section 3. All resolutions in conflict herewith be, to the extent of such conflict, and the same are hereby repealed.


            THUS APPROVED AND ADOPTED this 22nd day of March, 2007.


                                                                                    /s/ CHRIS E. LANDRY, President

ATTEST:


/s/ S. MARK McMURRY, Administrator &

Ex-Officio Secretary

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


            It was moved by Mr. Andrepont and seconded by Mr. Danahay that a resolution be adopted approving the issuance of the remaining $15,000,000 of the $25,000,000 in General Obligation Bonds approved at a special election held on January 21, 2006, in observance of the resolution passed on November 3, 2005, enacting covenants between the Calcasieu-Cameron Hospital Service District and the Calcasieu Parish Police Jury pertaining to the issuance of the remaining bonds, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.


            Mr. Andrepont explained that when the bonds were initially approved by the electorate, the District received $10 million, and the Police Jury had set criteria that had to be met before the District could issue the remainder ($15 million). Mr. Andrepont further explained that Mr. Danahay, Mr. McMurry, Mr. Milner, and he had recently met with the Hospital’s staff and confirmed that the requirements had been met for issuance of the $15 million.


            A vote taken on the motion on the floor carried unanimously; whereupon, the following resolution was adopted:


RESOLUTION

 

A RESOLUTION approving the issuance of the remaining $15,000,000 of the $25,000,000 in General Obligation Bonds approved at a special election held in the Calcasieu-Cameron Hospital Service District (the “District”) on January 21, 2006, and in compliance with a resolution passed on November 3, 2005, by the Calcasieu Parish Police Jury, enacting covenants between the District and the Calcasieu Parish Police Jury (the “Police Jury”) pertaining to the issuance of the remaining $15,000,000 of the $25,000,000 in General Obligation Bonds.


            WHEREAS, the Board of Commissioners of Calcasieu-Cameron Hospital Service District (the “District”), adopted a resolution on August 4, 2005, calling a special election to be held on January 21, 2006, to authorize the issuance of $25,000,000 in General Obligation Bonds (the “Bonds”) of the District in series from time to time; and


            WHEREAS, the $25,000,000 in General Obligation Bonds were authorized at a special election held in the District on January 21, 2006, and were issued for the purpose of constructing and acquiring buildings, machinery and equipment, including both real and personal property, to be used in providing hospital and related health care facilities for the West Calcasieu Cameron Hospital, including all necessary sites, equipment and furnishings therefor, title to which shall be in the public; and


            WHEREAS, the Board of Commissioners also approved the following covenants with the Calcasieu Parish Police Jury and with the registered voters of the District pertaining to the issuance of the $25,000,000 in General Obligation Bonds as set forth fully in a resolution adopted on November 3, 2005 by the Police Jury, stating the following:

 

Section 1:Calcasieu-Cameron Hospital Service District, State of Louisiana, acting through the Governing Authority, hereby covenants to the registered voters of the District and the Police Jury of Calcasieu Parish, State of Louisiana (the “Police Jury”), with regard to the proposed issuance of $25,000,000 of General Obligation Bonds of the District (the “Bonds) in series from time to time, that

 

                        (a)       the District’s initial series of the Bonds will be in the principal amount of $10,000,000; and

 

                        (b)       no subsequent series of the Bonds will be issued if:

 

                                    (i)        the District’s reserves can be increased to, and maintained at $15,000,000 by January 1, 2008; and

 

                                    (ii)       average annual net income of the District, starting with the year 2006, is at least $2,700,000;

 

all as determined by the external auditor of the District;

 

                        (c)       the issuance of any subsequent series of the Bonds must be approved by the Police Jury.


            NOW, THEREFORE,


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 22nd day of March, 2007, that in accordance with the aforementioned covenants, it does hereby grant approval to the Board of Commissioners of the Calcasieu-Cameron Hospital Service District, to issue the remaining $15,000,000 in General Obligation Bonds for the purpose of constructing and acquiring buildings, machinery and equipment, including both real and personal property, to be used in providing hospital and related health care facilities for the West Calcasieu Cameron Hospital, including all necessary sites, equipment and furnishings therefor, title to which shall be in the public.


            THUS DONE AND PASSED on the date above inscribed.


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

            Upon motion made by Mr. Moon, 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 22nd day of March, 2007, that it does hereby approve an agreement between the Police Jury and URS Corporation for said company’s professional engineering services related to updating the South Ward Three Water System study.


            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. Clement and seconded by Mr. Brame that a new Water Main Cost Assessment Policy be adopted for waterworks districts and systems governed directly by the Police Jury.


            Mr. Allen Wainwright, Public Works Engineer, advised that the staff had been working with Mr. Collins, Mr. Guillory, and Mr. Stelly to make improvements in Waterworks District No. Five of Wards Three and Eight and that this item, as well as the next two items on the agenda, were “housekeeping” items related to these efforts. Mr. Wainwright explained that a new system was going in, and the policy as referred to above was in accordance with Louisiana statutes with respect to assessments to be paid by the people who utilize the system. He further explained that the staff had drafted two versions, one in which property owners could sign a petition and with 60% approval could be provided water service right to their area, and the second being a “latecomer’s initiative” whereby the water district would bill the assessment to whoever tied into the system.


            Mr. Wainwright stated that the next item on the agenda was consideration of adopting a resolution for the Police Jury, serving as the governing authority for Waterworks District No. Five of Wards Three and Eight, to establish a policy regarding water use rates for out-of-district customers and establish said rate at 1.5 times the standard district rates for residential and commercial customers. Mr. Wainwright explained that this was standard procedure to have an increased rate to recoup ad valorem taxes not being paid by the out-of-district customers and that the Division of Finance had assisted in coming up with some figures that were comparable to other areas of the Parish.


            Mr. Wainwright stated that the next item on the agenda was consideration of adopting a resolution for the Police Jury, serving as the governing authority of Waterworks District No. Five of Wards Three and Eight, to enter into a cost share agreement with Clearfield Development, L.L.C. for construction of a 12-inch water main along Highway 397 for a distance of approximately 9,400 feet extending from East Prien Lake Road to south of Lane Road. Mr. Wainwright explained that this item would allow extension of water service to a subdivision located in that area.


            Mr. Clement amended his motion, and Mr. Brame accepted said amendment, to approve all three items outlined and explained by Mr. Wainwright. A vote taken thereon carried unanimously, and the following resolutions were adopted:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 22nd day of March, 2007, serving as the governing authority of Waterworks District No. Five of Wards Three and Eight, that it does hereby establish a policy regarding water use rates for out-of-district customers and establishes said rate at 1½ times the standard district rates for residential and commercial customers.


            THUS DONE AND PASSED on the date above inscribed.


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

RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 22nd day of March, 2007, serving as the governing authority of Waterworks District No. Five of Wards Three and Eight, that it does hereby enter into a cost share agreement with Clearfield Development, L.L.C. for construction of a 12-inch water main along Highway 397 for a distance of approximately 9,400 feet extending from East Prien Lake Road to south of Lane 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.


* * * * * * * * * * * *It was moved by Mr. Guillory, seconded by Dr. Mackey and carried unanimously to adopt the following resolution to fill a vacancy on the Children and Youth Planning Board which was created by the resignation of Ms. Rita Barry who represented Education/Secondary and Special Education on said Board:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 22nd day of March, 2007, that it does hereby appoint Ms. Penny Haxthausen to replace Ms. Rita Barry, as a member of the Calcasieu Parish Children and Youth Planning Board, said term to expire February, 2009.


            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.


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


            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Guillory and carried unanimously, the following resolution was adopted to fill a vacancy on the Children and Youth Planning Board which was created by the retirement of Ms. Hortensia Vincent who represented mental health (Lake Charles Mental Health) on said Board:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 22nd day of March, 2007, that it does hereby appoint Ms. Leslie Nolan to replace Mr. Hortensia Vincent, as a member of the Calcasieu Parish Children and Youth Planning Board, said term to expire February, 2009.


            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.


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


            Motion was made by Mr. Moon, seconded by Mr. Guidry and carried unanimously that the following resolution be adopted to fill a vacancy on the Airport Authority of Airport District No. One which was created by the resignation of Dr. Sandra Leder:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 22nd day of March, 2007, that it does hereby appoint Ms. Mary Kaye Eason to replace Dr. Sandra Leder, as a member of the Airport Authority of Airport District No. One, said term to expire February, 2008.


            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.


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


            It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously to authorize the Parish Purchasing Agent to advertise for bids for one (1) 2007 one-ton extended cab pickup truck for use by the Division of Planning and Development.


            Upon motion made by Mr. Collins, which was duly seconded by Mrs. Griffin and carried unanimously, the Parish Administrator was authorized to advertise for bids for Calcasieu Parish Project No. 2007-08 (Water Main Extension on Various Roads in Wards Two and Eight) and Calcasieu Parish Project No. 2007-09 (Striping of Various Roads).


            President Landry advised that a resolution had been adopted by the Board Members of the Southwest Louisiana Convention and Visitors Bureau on February 22, 2007, commending and thanking the Calcasieu Parish Police Jury for its support of the Bureau, more particularly, for providing office space at the Magnolia Building for the Bureau’s offices during repairs to their building on Lakeshore Drive.


            Mr. McMillin was granted a point of personal privilege to ask for a status report on the railroad crossing at Highway 108. Mr. Smart stated that he had received an e-mail from Union Pacific Railroad Company advising that the crossing would be finished in May (instead of in March as originally scheduled). Mr. McMillin stated that the railroad company was not living up to its end of the bargain. Mr. McMillin further stated that “once again, we’re waiting on trains in Calcasieu Parish” and that he was not happy about this turn of events.


            Mr. Brame was granted a point of personal privilege to address a problem in his district, that being a large field of debris in the Deatonville community south of Black Bayou Bridge. He explained that the residents had been asking him about the debris, and he asked what avenues could be pursued for removal of same.


            Following a brief discussion, Mr. Gremillion stated that he would do some research on possible funding through the USDA Natural Resources Conservation Service (NRCS) (formerly known as the Soil Conservation Service), as well as the possibility of reducing the volume of debris via a controlled burn by the Louisiana Department of Environmental Quality (DEQ), to address this problem, and he would report back to the Police Jury on the outcome of his research. Mr. Gremillion advised that he was currently working on a plan for debris removal on Port of Lake Charles’ property adjacent to Calcasieu Point boat launch and park which involved a controlled burning by DEQ and the Lake Charles Fire Department.


            There being no further business, motion was made by Mrs. Griffin, seconded by Mr. Moon and carried unanimously that the meeting be adjourned.


                                                                                    /s/ Chris E. Landry, President


/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Secretary