Lake Charles, Louisiana

October 5, 2000

The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, October 5, 2000, in the Police Jury Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with the Honorable Elizabeth C. Griffin, Vice-President, presiding, and the following members present:

Mesdames Luvertha August, and Sandra J. Treme; and Messrs. Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chuck Kleckley, Chris Landry, Hal McMillin, Don Manuel, and Cornelius "Cornie" Moon

Absent: Mr. Francis Andrepont and President Charles S. Mackey, D.D.S.

Also present were Mr. S. Mark McMurry, Parish Administrator; Ms. Gernine Mailhes, Assistant District Attorney; Ms. Kathy Criglow, Recording Secretary; Mrs. Coleen Clark, Executive Secretary; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jim Vickers, Director of Planning and Development; Mr. Claude Smart, Parish Engineer; Mr. Jerry Milner, Director of Finance; Mr. Richard Gremillion, Director of Emergency Preparedness; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Bryan Beam, Assistant to the Administrator.

Vice-President Griffin called the meeting to order, and the invocation was pronounced by Mr. Collins which was followed by the Pledge of Allegiance led by Mr. Manuel. The roll was called with the result being as outlined above.

Vice-President Griffin 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. 2000-05 (Drainage Improvements of Various Roads).

Mr. McMurry then proceeded to open the following bids:

Quality Construction Specialists, Inc. $463,256.40

Civil Construction Company and Environmental Services, Inc. $472,691.87

R. D. Spell, Inc. $505,150.00

Bessette Development $419,395.40

McManus Construction, Inc. $441,271.60

Cypress General Contractors, Inc. $456,597.00

C & C Fontenot Construction, Inc. $772,281.45

W. E. McDonald & Son, Inc. $497,325.00

Motion was made by Mr. McMillin, seconded by Mr. Breaux and carried unanimously that the bids as outlined above be referred to the Parish Engineer for final tabulation with further action thereon to be taken at the Regular Meeting of the Police Jury on October 19, 2000.

Vice-President Griffin recognized Mayor Dudley Dixon, City of Westlake, as being present at the meeting on this date. Mayor Dixon stated that he was pleased to be in attendance and commended Mr. McMillin, former member of the Westlake City Council, for both his past performance as a member of the Westlake City Council and as District 14 representative on the Police Jury.

At this time, Mrs. Treme and Mr. Clement presented a plaque to Mr. Ernest Corbello in recognition and appreciation of his 21 years of service as a member of the Board of Commissioners of Ward Seven Fire Protection District No. One, and for 6 years of service as a member of the Board of Commissioners of Gravity Drainage District No. Two of Ward Seven.

Mrs. Treme thanked Mr. Corbello for the hard work he had done for Calcasieu Parish, pointing out that he was one of the founding members of the Board of Commissioners of the fire district when he was appointed in 1979. Mrs. Treme stated that Ward Seven had a tremendously viable fire department that had lowered insurance rates and provided excellent protection. She advised that Mr. Corbello's father had also served on the drainage board for approximately 30 years.

Mr. Corbello thanked the Police Jury for giving him the opportunity to serve his community and stated that he had learned a lot and that his service meant a great deal to him.

At this time, Mr. Kleckley presented plaques to Ms. Kay Barnett and Mr. Jake Philmon, Co-Coordinators of Shiver Me Timbers Millennium Park, in recognition and appreciation of "endless hours of planning, developing, and bringing to fruition the Shiver Me Timbers Millennium Park Project, a timeless gift of love and dedication to the children - young and old - of Southwest Louisiana."

Mr. Kleckley pointed out that there had been over 5,500 volunteers who contributed their time and efforts toward making the park a reality, and he felt it was one of the best community projects in the history of Southwest Louisiana. He further pointed out that in addition to the volunteers who built the park, there had been a committee of approximately 30 people who during the past year had coordinated the planning of the park and had brought the park to fruition.

Ms. Barnett thanked the Police Jury for recognizing the tremendous effort that went into the project. She also thanked the Parish's Creative Services Department for the signs they produced and Mr. Bryan Beam for his efforts in helping recruit volunteers. Ms. Barnett asked the members of the committee to stand, and they received a round of applause.

Mr. Philmon stated that 95% of the people in the community had said that when they saw it, they would believe it (referring to the finished product or park), and the committee was comprised of the 5% that believed it and saw it through. Mr. Philmon expressed his appreciation for every effort, every hour, and every minute that was put into making the park a reality.

Mrs. August stated that it was her understanding that Ms. Pam Dixon of KPLC-TV had the initial idea for the park and asked that she be recognized for having the ability to transform her idea into reality. Ms. Dixon was given a round of applause.

Certificates of appreciation were then presented to the following committee members and site captains who were in attendance or who were represented at the meeting, and they were given a standing ovation:

Jim Barnatt Andy Betz Pam Breaux

Mary Burns Joe Champeaux Richard Cole

Walter Denton Larry Derouen Tony Downes

Mister Edwards Melanie Faul John Friend

Pam Hegener Albert Jones Zachary Lee

Thomas Mefford Dana Puckett Leo Reddoch

Loyd Rion Pat Rion

Certificates of appreciation were given to Ms. Barnett for dissemination to the following committee members who were unable to attend the meeting on this date:

Walt Barrick Geneva Breaux Jack Clark

Jo Ann Cook Pam Dixon Lee Frazier

Gerald Guillory Wanda Harrington Sara Judson

Ray Law Helen Lewis Yul Lorio

Joe Malnerich Sonny Marks Angela Miller

Joey Odom Richard Rhoden M. G. Richards

George Rivet Jim Serra Kristy Smith

Tom Spindler Tim Stine Michael Strickland

Delbert Taylor Aubrey White

Motion was made by Mrs. Treme, seconded by Mr. McMillin and carried with Mr. Clement recusing himself from voting, to adopt the following resolution, and further, to grant a waiver on the requirement that the application for enterprise zone endorsement be submitted prior to construction in order for the company to receive a sales tax rebate, since said application had been submitted following the start of construction:

RESOLUTION

A RESOLUTION stating the Calcasieu Parish Police Jury's endorsement of Cameron Telephone Company for building renovation and expansion, to participate in the benefits of the Louisiana Enterprise Zone Program.

WHEREAS, the Louisiana Legislature enacted Louisiana Enterprise Zone Act 901 of 1981, Act 337 of 1982, Act 433 of 1987, Act 1024 of 1992, Act 581 of 1995, Act 624 of 1997, Act 647 of 1997; and Act 977 of 1999; and

WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for economic development to some of the most distressed areas in the State; and

WHEREAS, the business is located within Census Tract 33, Block Group 2, which is not a designated Enterprise Zone; and

WHEREAS, the Calcasieu Parish Police Jury states this endorsement is in agreement with the Overall Economic Development Plan for the Calcasieu Parish Police Jury; and

WHEREAS, the attached Enterprise Zone map has been marked to show the location of the business being endorsed; and

WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements, the Calcasieu Parish Police Jury agrees:

1. To participate in the Enterprise Zone Program.

2. To assist the Department in evaluating progress made in any Enterprise Zone within its jurisdiction.

3. To rebate all eligible local sales/use taxes on the purchase of eligible construction materials, machinery, and equipment purchased for this project and used by the business permanently on that site.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular and legal session convened on the 5th day of October, 2000, that Cameron Telephone Company for building renovation and expansion, Enterprise Zone Application #20000339, is endorsed to participate in the Louisiana Enterprise Zone Program.

BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed.

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

Upon motion made by Mr. McMillin, which was duly seconded by Mr. Clement and carried unanimously, payment of all current invoices was approved.

It was moved by Mrs. Treme, seconded by Mr. Moon and carried unanimously that the following applications for liquor and beer permits be approved:

WARD II

Holmwood Grocery, Inc.

Stephen Natali - Pres.

HOLMWOOD GROCERY

5602 Hwy. 14 East

Iowa, LA 70647 Liquor & Beer - '2001 $ 135.00

(Algie Breaux's District)

WARD III

McNeese State University

Johnny Suydam

BURTON MEMORIAL COLISEUM

7001 Gulf Hwy.

Lake Charles, LA 70607 Liquor & Beer - '2001 135.00

(Enos Derbonne's District)

Allen J. LeJeune d/b/a

L & L PACKAGE LIQUOR

5701 Hwy. 90 East

Lake Charles, LA 70601 Liquor & Beer - '2001 135.00

(Algie Breaux's District)

North American Land Co., Inc.

Claude Leach, Jr. - Pres.

NALMAR LANDING

808 Mike Hooks Road

Lake Charles, LA 70601 Beer - Pkg. - '2001 25.00

(Mike Danahay's District)

WARD IV

Laughing H Bar & Grill, Inc.

Ronald R. Hernandez - Pres.

LAUGHING H BAR & GRILL

4507 South Hwy. 27

Sulphur, LA 70665 Liquor & Beer - '2001 135.00

(Brent Clement's District)

Westlake American Legion Post # 370

Charles W. Thompson - Commander

WESTLAKE AMERICAN LEGION POST #370

2540 Miller Avenue

Westlake, LA 70669 Liquor & Beer - '2001 135.00

(Elizabeth C. Griffin's District)

Susan Parker d/b/a

BAYOU OAKS COUNTRY CLUB

2300 Bon Vie Drive

Sulphur, LA 70665 Liquor & Beer - '2001 135.00

(Brent Clement's District)

WARD VI

Ronald E. & Jack Marcantel

TIGERLAND GROCERY & TRUCK STOP

1108 Hwy. 12

DeQuincy, LA 70633 Pkg. Liquor & Beer - '2001 75.00

(Sandy Treme's District)

Ronald E. & Jack Marcantel

TIGERLAND GROCERY & TRUCKSTOP

GOLDEN TIGER LOUNGE

1106 Hwy. 12

DeQuincy, LA 70633 Liquor & Beer - '2001 135.00

(Sandy Treme's District)

WARD VII

Delta Downs, Inc./LA Racing LLC

Shawn Scott - Pres.

DELTA DOWNS

2714 Hwy. 3063

Vinton, LA 70668 Liquor & Beer - '2001 135.00

(Brent Clement's District)

WARD VIII

Eurphy Lantier d/b/a

EURPHY'S COUNTRY STORE

3768 Hecker Road

Iowa, LA 70647 Pkg. Liquor & Beer - '2001 75.00

(Calvin Collins' District)* * * * * * * * * * * *

Motion was made by Mr. Manuel, seconded by Mrs. August and carried unanimously that the minutes of the regular meeting of the Police Jury dated September 7, 2000, be approved, and the reading of same was dispensed with.

It was moved by Mrs. August, seconded by Mr. McMillin and carried unanimously that the Communications and Emergency Response Committee Report dated September 21, 2000, and the recommendations contained therein, be approved as follows:

COMMUNICATIONS & EMERGENCY RESPONSE COMMITTEE

September 21, 2000

A meeting of the Communications and Emergency Response Committee was held at 4:00 p.m. on Thursday, September 21, 2000, in the Police Jury Conference Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Don Manuel, Chairman, presiding and the following members present:

Mr. Algie Breaux, Mr. Brent Clement, Mr. Chris Landry, and Mr. Hal McMillin

Absent: Mr. Calvin Collins and Dr. Charles S. Mackey, Ex-Officio

Also present were Ms. Kathy P. Criglow and Mr. Richard Gremillion.

Said Committee:

(1) Recommended that a draft of a proposed ordinance regulating outdoor burning be presented to the Public Works Committee for consideration at the September 28, 2000, meeting of said committee.

(2) Suggested that Mr. Gremillion report back to the Committee in 180 days relative to the status of the Calcasieu Parish Communications District (911) having a fire dispatcher for notification purposes with reference to Sec. 8-43 (a) 4, 5, 6 and 9 of the proposed ordinance.

There being no further business, Chairman Manuel declared the meeting to be adjourned.

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

Motion was made by Mrs. August, seconded by Mr. Collins and carried unanimously to approve the Special Service Districts Review Committee Report dated September 28, 2000, and the recommendation contained therein as follows:

SPECIAL SERVICE DISTRICTS REVIEW COMMITTEE

September 28, 2000

A meeting of the Special Service Districts Review Committee was held at 4:00 p.m. on Thursday, September 28, 2000, in the Police Jury Meeting Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Sandra J. Treme, Chairperson, presiding and the following members present:

Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Chuck Kleckley, and Mr. Cornelius "Cornie" Moon

Absent: Mr. Enos Derbonne

Also present were Mr. Algie Breaux, Mr. Brent Clement, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. S. Mark McMurry, Ms. Kathy P. Criglow, Ms. Gernine Mailhes, Mrs. Coleen Clark, Mr. Bryan Beam, Mrs. Cheryl Heisser, Mr. Richard Gremillion, Mr. Jerry Milner, Mr. Jimmy Vickers, Mr. Gerry Trahan, and Mr. Claude Smart.

Said Committee:

(1) Received a report from the staff relative to the background and current structure of special service districts in the Parish. The consensus of the Committee was to take the ideas and suggestions voiced at the meeting under advisement for further review and analysis, and further, that the members of the Committee contact the staff with their thoughts and ideas as to what direction should be taken by the Committee to improve the overall system.

There being no further business, Chairperson Treme declared the meeting to be adjourned.

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

Motion was made by Mr. McMillin, seconded by Mr. Danahay and carried unanimously that the Ways and Means Committee Report dated September 28, 2000, be approved as follows:

WAYS & MEANS COMMITTEE REPORT

September 28, 2000

A meeting of the Ways and Means Committee was held on Thursday, September 28, 2000, in the Police Jury Meeting Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Luvertha August, Chairperson, presiding, and the following members present:

Mr. Francis Andrepont, Mr. Algie Breaux, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Mr. Hal McMillin, Mr. Don Manuel, Mr. Cornelius "Cornie" Moon, Dr. Charles S. Mackey, and Mrs. Sandra J. Treme

Absent: None

Also present were Mr. S. Mark McMurry, Ms. Gernine Mailhes, Ms. Kathy Criglow, Mrs. Coleen Clark, Mrs. Cheryl Heisser, Mr. Bryan Beam, Mr. Richard Gremillion, Mr. Jerry Milner, Mr. Jim Vickers, Mr. Claude Smart, and Mr. Gerry Trahan.

Said Committee:

(1) Received a presentation from representatives of the Federal Emergency Management Agency with reference to Project Impact, a $300,000 planning grant recently awarded to Calcasieu Parish for building a disaster-resistant community. (Appearing before the Committee were Mr. Kent Baxter, Project Impact Coordinator for Region 6, Mr. Shari Brand, Project Impact Specialist, and Mr. Tom Frieloux, contractor.

(2) Recommended that the President of the Police Jury appoint an ad-hoc committee to look at the inconsistencies between the Parish Ordinance and the City of Lake Charles ordinance relative to business establishments with alcohol beverage licenses playing loud music within a certain distance of residences (200 feet according to the Parish ordinance and 50 feet according to the City ordinance) and the associated problems in enforcing the two ordinances, particularly in areas where establishments are close to the municipal boundary; that President Mackey and Mr. Andrepont, as liaisons to the Calcasieu Parish Sheriff's Department, serve as members of said ad-hoc committee; and that representatives of the establishments in the area of Cowboy's on Gulf Highway be invited to attend the meeting(s) of the committee.

President Mackey appointed Mr. Kleckley, Mr. McMillin, and Mrs. Treme to serve on the ad-hoc committee (in addition to Mr. Andrepont and himself).

(3) Recommended that a report be received from Mr. Richard Flanagan, Traffic Engineer, at the Regular Meeting of the Police Jury on October 5, 2000, as to whether the Parish's speed limit signs in school zones which read ". . . when children are present," as well as the ordinance pertaining to same, should be amended

(4) Received a presentation from representatives of MPGC-Lake Charles regarding their proposal for construction of a golf course, residential community to be located in the proximity of Louisiana Highway 14 and Louisiana Highway 397 in Ward Two of Calcasieu Parish. (Mr. Charles Walker, Mr. Jay Delafield, Mr. Tommy Marty, and Ms. Patricia Newman appeared before the Committee with reference to this proposal.)

There being no further business, Chairperson August declared the meeting to be adjourned.

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

It was moved by Mr. McMillin, seconded by Mr. Danahay and carried unanimously that Recommendation No. 1 of the Ways and Means Committee as outlined heretofore be approved.

With reference to Recommendation No. 2 of the Ways and Means Committee, motion was made by Mrs. Treme, seconded by Mr. Kleckley and carried unanimously that instead of an ad-hoc committee being appointed to look at the inconsistencies between the Parish ordinance and the City of Lake Charles ordinance relative to business establishments with alcohol beverage licenses playing loud music within a certain distance of residences, that the staff (instead of a committee of the jurors) meet with Sheriff Lundy and her staff.

Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Police Jury and asked that the committee's charge not be restricted to noise related to music. He stated that he would like the committee to also look at noise in general and odors.

Mrs. Treme pointed out that her motion which had previously been approved provided that instead of a committee to research this matter, the staff would study this in conjunction with the Sheriff and her staff and make a recommendation to the Police Jury relative thereto.

Mr. McMurry pointed out that the motion and the recommendation of the committee had been precipitated by the inconsistencies between the Parish ordinance and the City of Lake Charles ordinance and an attempt to alleviate same.

The hour being 6:00 p.m., Vice-President Griffin stated that the Police Jury would at this time sit as a Board of Review to hear any protests on current tax assessments and take action accordingly, as advertised in accordance with law. (The review period for tax assessments was September 7, 2000, to September 21, 2000, in the Calcasieu Parish Tax Assessor's Office.)

Mr. McMurry advised that Mr. Kenneth Darnsteadt, Calcasieu Parish Tax Assessor, could not be present at the meeting on this date but had indicated that he had received no protests against the current tax assessments.

Vice-President Griffin asked if there was anyone present in the audience to voice a protest, and hearing no comments, motion was made by Mrs. August, seconded by Mrs. Treme and carried unanimously that the following resolution be adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, sitting as a Board of Review on the 5thday of October, 2000, to receive protests from taxpayers in Calcasieu Parish, Louisiana, on assessments on the current tax rolls, it does hereby acknowledge and certify that no individuals or representatives of companies or corporations appeared to register any written or oral protest.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Vice-President Griffin stated that discussion/action would resume on the Ways and Means Committee Report dated September 28, 2000, and the recommendations contained therein.

Motion was made by Mr. Clement and seconded by Mr. Collins to approve Recommendation No. 3 of the Ways and Means Committee as outlined heretofore.

Mr. Smart reported that currently there were seven schools which were covered under the Parish's ordinance governing the speed limit in school zones, and there was a need to work with and educate the Sheriff's deputies on how to best enforce the ordinance. Mr. Smart recommended that the Police Jury receive the report, make no changes to the ordinance, and allow the staff to meet with the deputies. It was the consensus of the Police Jury to accept Mr. Smart's recommendation.

It was moved by Mrs. August, seconded by Mr. Moon and carried unanimously to approve Item No. 4 of the Ways and Means Committee as outlined heretofore.

Mr. Ron Rider, 752 Goodman Road, Lake Charles, appeared before the Police Jury with reference to this item. He stated that he was the owner and operator of Pine Shadows Golf Course, a local private/public, daily green fee course which had been in operation for 14 years. Mr. Rider advised that the golf course had actually been originally established in the 1950's, and he was currently in business with his children and grandchildren.

Mr. Rider stated that a lot of progress had been made at Pine Shadows but not as much as he would have liked, one of the reasons being that the course was in competition with two fine, well-managed municipal courses - Frasch Park in Sulphur and Mallard Cove in Lake Charles. Mr. Rider advised that $1/2 million in improvements was being planned over the next few months at Pine Shadows, however, at the low rates they charged, it took years to do the things necessary to compete with Mallard Cove and Frasch Park.

Mr. Rider stated that his course provided - at no cost - practice sessions for area college, high school, and junior high school students and at a significant loss in revenue, would shut down several times a year to accommodate junior golf tournaments and high school tournaments. He advised that Pine Shadows was a Partner in Education with Fairview Elementary School and offered special rates for juniors, ladies, senior citizens, and McNeese students.

Mr. Rider stated that a few years ago, he had been cautioned in his zeal to improve the course by a friend of his, John Hungerford, who managed approximately 25 golf courses across the country and who traveled worldwide as a consultant. Mr. Rider said that Mr. Hungerford had told him to be very aware that Lake Charles was a blue-collar area for golf, that players were accustomed to paying low rates, and that even though the gaming industry was a part of the commerce, the area was not a resort area where people would come to vacation and play golf.

Mr. Rider advised that he was confident that in this area, the average daily green fee player was accustomed to paying a maximum of $25 for green and cart fees unless they were out-of-town or at a resort, and he believed that if a course was built that required $45 - $60 green fees, it would only get players when all the other courses were full which he said did not happen very often.

Mr. Rider questioned the feasibility study that was done for the proposed course in that it appeared to be the same study that was done when said course recently tried to locate in the Iowa area. He pointed out one major difference between the Iowa area and the current area proposed for the course (northeast corner of the intersection of LA Highway 397 and LA Highway 14) in that the location as originally proposed in Iowa was visible to both sides of Interstate 10 which was a major drawing card and advantage.

Another question posed by Mr. Rider with respect to the feasibility study was whether the person who did it had actually been to Lake Charles or had even spoke to anyone from Lake Charles, pointing out that the study seemed to contain a lot of generic assumptions and numbers.

Mr. Rider advised that he and his family were in the golf business "for the long haul", and all of his future planning was based on what his children would do with the course in the future, not on making it a government agency's burden thirty years from now. Mr. Rider also advised that he would never think about improving his course with public bond money to give it to somebody else later on.

Mr. Rider assured the members of the Police Jury that he was not trying to stop competition. He asked that if the Lake Charles market was so lucrative, why were private concerns not building golf courses, and why was bond money needed to build them.

Mr. Rider also questioned a statement he had heard with reference to the proposed course being a "win-win" situation and stated that the "win-win" was for the property owners who were seemingly donating the property. He pointed out that these property owners bought the property at a reasonable price, with no obligation as to whether the course was a success nor concern about its future, and with the opportunity of making "50 times over" on their initial investment in the property.

Mr. Rider advised that in the preceding year, he had collected almost $40,000 in sales taxes for the Parish, and Pine Shadows paid $4,000 per year in property taxes. He questioned whether it was fair for the proposed course to be built with public bond money to compete with the other golf courses in Calcasieu Parish.

Mr. Rider asked the Police Jury to table this matter in order to research all of the local golf facts, and he pointed out that one of the things they would learn was that the interest on the bonds would be more than some of the local courses gross per year. He also asked that the Police Jury consider what would happen 30 years "down the road."

Mr. McMillin stated that he was not against additional golf courses being built in Southwest Louisiana, but for seven years the City of Westlake had been looking at 841 acres to develop as a golf course/residential community, and more importantly to him, this would create 500-600 additional residential home lots. He asked Mr. Rider how many courses he felt there could be in Southwest Louisiana without hurting the golf market, and Mr. Rider responded that he too was not against the growth of golf and in fact, his course promoted golf in various ways through junior golf, senior citizen discounts, etc. Mr. Rider stated that there were six courses in the area, the newest of which was not doing the business it had originally projected. He pointed out that the proposed course would be located just four miles east of this new course. Mr. Rider stated that Pine Shadows had the rates that people wanted to pay, and the proposed course would not affect them that much; however, one of the projects that would suffer would be the Westlake project in that it would cost several million dollars to build such a course, while Mallard Cove and Frasch were both paid for, and Pine Shadows was, for the most part, paid for.

Mr. McMillin asked if the City of Westlake could also receive the same type of bond financing (as the proposed course was applying for) through the Calcasieu Parish Public Trust Authority.

Mrs. August asked for clarification of some of the comments made by Mr. Rider, her concerns being: (1) she was under the impression that when the proposed course was built, the Parish would not be responsible for anything for 30 years; (2) what studies had been done by the MPGC group to verify that a new golf course was welcome and needed in the community; and (3) her belief that free enterprise should govern with respect to whether or not a business should open.

Mr. Jay Delafield, Bond Attorney representing the Calcasieu Parish Public Trust Authority, appeared before the Police Jury and stated that with respect to Mr. McMillin's question, the same type of financing was available to the City of Westlake or any other entity in the Parish or State. With respect to Mrs. August's questions, Mr. Delafield stated that the feasibility study had been given to the parish staff one month ago, and the consultant who had prepared the study had come to Lake Charles and had done a survey of the golf community in Lake Charles.

Mr. Delafield also stated that he had been arranging this type of financing for 22 years, and through it he had seen construction of doctors' offices, accountants' offices, solid waste and hazardous waste facilities for industries, etc. Mr. Delafield advised that the Public Trust Authority was created when he first got out of bond school, and its creation was fought by members of the Police Jury and by savings associations, the latter of which claimed the Trust Authority would be in competition with them; however, thousands of residents in Calcasieu Parish had received homes that they would not have otherwise been able to afford.

Mrs. August asked if during preparation of the feasibility study, was a finding made that the building of the proposed golf course would generate a market for those services, to which Mr. Delafield responded that said study indicated that 1.8 more courses could be built in the area.

Mrs August stated that she could not personally see the Police Jury turning one group of people away because someone else felt their business might suffer, and she felt that because there was a market for the proposed course, everyone should have a chance at it. Mrs. August pointed out that the members of the Police Jury had been assured that if the proposed course went into default, the Parish would not have any responsibility for it, and she could not see the Police Jury saying "no" to the proposal.

Mr. Landry asked for clarification of the fact that the Police Jury would not be guaranteeing the bonds in any way, and Mr. McMurry stated that this was correct. Mr. Landry stated that it was not the Police Jury's responsibility to guarantee that any private business was going to make it, and he felt the proposal was a "win-win" situation. He also stated that in 30 years, the golf market in the area would be much bigger, and he was certain that the investors in the project did not plan to lose money.

In answer to a question by Mr. Kleckley, Mr. Delafield stated that anyone could apply for the bond money for certain projects, but the guidelines of the program under which the proposed course was applying stipulated that the course would have to be owned by a governmental entity once the bonds were paid off.

Mr. Kleckley also asked about the creation of a board to run the course, and Mr. Delafield stated that it would be a non-profit corporation which would own, oversee and manage the course until such time as the bonds were paid off, at which time the Parish would then own the course. Mr. Delafield pointed out that the board would not need to be set up until final approval was sought through the State Bond Commission. Mr. Delafield assured the members of the Police Jury that it had no liability in the transaction.

Mr. McMillin stated he was not against the proposed course, but he was against his district and the City of Westlake not getting their course built first, particularly since they had been trying for seven years to build one, and the 500-600 home lots were very much needed in his area. Mr. McMillin further stated that he did not want to be the ".8" but instead the "1" (referring to an earlier comment by Mr. Delafield that the feasibility study had shown that 1.8 additional courses could be built in the area).

In answer to a question by Mr. Danahay, Mr. McMurry explained that the Police Jury would need to decide whether to approve the concept that had been presented in order for it to move forward to the Public Trust Authority for its approval, and the Police Jury would ultimately need to approve articles of incorporation for creation of a board.

Motion was made by Mrs. August and seconded by Mr. Breaux that the concept as presented be approved and, further, that the Police Jury approve the concept of accepting the beneficial interest of the proposed golf course. A roll call vote was taken on the motion, and the result was as follows:

YEAS: Mrs. August, Mr. Breaux, Mr. Clement, Mr. Collins, Mr. Danahay, Mr. Derbonne, Mr. Kleckley, Mr. Landry, Mr. Moon, and Mrs. Treme

NAYS: Mr. McMillin and Mr. Manuel

ABSENT: Mr. Andrepont and President Mackey

NOT VOTING: Vice-President Griffin

The vote being ten (in favor) to two (against), Vice-President Griffin declared the motion as having carried.

Motion was made by Mrs. Treme, seconded by Mr. Collins and carried unanimously that the Public Works Committee Report dated September 28, 2000, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

September 28, 2000

A meeting of the Public Works Committee was held on Thursday, September 28, 2000, in the Police Jury Meeting Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Algie Breaux, Chairman, presiding, and the following members present:

Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Hal McMillin, Mr. Don Manuel, Mr. Cornie Moon, and Mrs. Sandra Treme.

Absent:   None

Also present were Mr. S. Mark McMurry, Ms. Kathy Criglow, Mrs. Coleen Clark, Ms. Gernine Mailhes, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Bryan Beam, Mr. Jim Vickers, Mr. Jerry Milner, Mr. Richard Gremillion, and Mr. Gerry Trahan.

Said Committee:

(1) Recommended that an ordinance be adopted amending Chapter 8 of the Calcasieu Parish Code of Ordinances to provide regulations pertaining to outdoor burning.

(2) Recommended that a resolution be adopted accepting Big Lake Pines Subdivision located off of Big Lake Road in Ward Three in Section 3, Township 11 South, Range 9 West, contingent upon a surety bond being submitted.

(3) Recommended that existing ordinances be amended and/or ordinances be adopted regulating speed limits on the following roads:

Ward One:

Cancel 25- mph speed limit on Briar Marsh Road (existing 30-mph)

Cancel 35-mph speed limit on Campfire Girl Road (existing 40-mph)

Cancel 25-mph speed limit on Gateway Drive (existing 30-mph)

Cancel 35-mph speed limit on Gillis Cutoff Road in its entirety (existing 40-mph)

Establish a 25-mph speed limit on Gahagan Lane (new speed limit)

Ward Three:

Cancel 25-mph speed limit on Nana Street (duplicate)

Cancel 30-mph speed limit on Pujol Road between Louisiana 3059 and Interstate Highway 10 (existing 55-mph)

Cancel 25-mph speed limit on Rabbit Lane off of Nelson Road (existing 30-mph on Rabbit Road)

Cancel 45-mph speed limit on Tom Hebert Road from Gauthier Road to Friesen Road (existing 45-mph from Gauthier Road to Helms Road)

Cancel 35-mph speed limit on Tom Hebert Road from Friesen Road to the Cameron Parish line (existing 45-mph conflict)

Ward Four:

Cancel 25-mph speed limit on Parish Road from the intersection of Parish Road with Columbia Southern Road westerly on Parish Road for a distance of one-fourth of a mile (existing 40-mph on Pete Manena Road, which Parish Road was renamed)

Ward Six:

Cancel 45-mph speed limit on Penton Road from Louisiana Highway 27 to 0.2 mile east of Mill Road (duplicate, existing Parish Ordinance No. 3436)

Cancel 55-mph speed limit on Penton Road from 0.2 mile east of Mill Road to the Beauregard Parish Line (duplicate, existing Parish Ordinance No. 3436)

Cancel 35-mph speed limit on Route 66 (existing 40-mph)

Cancel 25-mph speed limit on Scales Road and establish a 35-mph speed limit (new speed limit)

Ward Eight:

Establish a 25-mph speed limit on Delcomme Street (new speed limit)

(4) Recommended that an ordinance be adopted establishing "no parking" on Salmon Street in Ward Thee.

(5) Recommend that the Calcasieu Parish Code of Ordinances be amended to correctly reflect the spellings of the following road names:

You Wynn Road in Ward One (You Winn Road) (Sec. 17-67, page 970)

Lindswiler Road in Ward Three (Linkswiller Road (Sec. 17-64, Page 959)

Giddion Road in Ward Six (Gideon Street) (Sec. 17-64, Page 957)

Delcome Road in Ward Eight (Delcomme Street) (Sec. 17-64, Page 956)

(6) Recommended that approval be granted to a request from Raywood Lemaire, Mayor of the Town of Vinton, that sign maintenance boundaries be changed as follows:

Calcasieu Parish will maintain proper signing on both sides of Parish Road in Ward Seven from East Street east to the centerline of Crain Road; and

The Town of Vinton will maintain proper signing on both sides of Parish Road in Ward Seven from the centerline of Crain Road east to Walters Road.

(7) Recommended that a Joint Services agreement be approved between the Police Jury and Gravity Drainage District No. Four of Ward Three to hydro-mulch 2,640 feet of drainage lateral slopes off of Gauthier Road for erosion control, and further, authorizing the President of the Police Jury to execute all documents related thereto. (The Drainage District will reimburse the Police Jury $3,339.95 for labor, fuel, and materials.)

(8) Recommended approval of demolition by Mr. Gene Derouen of a structure known as "old Bell City Barn" building owned by the Police Jury with the stipulation that the building and all related materials and the building's contents will be removed from the premises and only the concrete slab will remain on which the building was originally constructed.

(9) Recommended that Calcasieu Parish Project No. 2000-08 (Widening of the Boat Launch and Construction of Bulkhead and Boat wharf at Intracoastal Park) be accepted as substantially complete.

(10) Recommended that Calcasieu Parish Project No. 1999-05 (Sixth Street, Carroll Hixson Road, Edgerly-DeQuincy Road, Edna Street, Frank Street, Minnie Rigmaiden Road, Sandy Lane ditch, Gene Sonnier Road, Steward Road, Natali Road, Sandy Lane, Monk Dickerson Road, Knapp Street, Core Street, Bud Dunham Road, Sabine Trail, Blackmon Road, Deer Run Road, Lavergne Road, East Todd Road, East Telephone Road, Ward Line Road, Cleve Miller Road, and asphalt roadway for Lake Charles Regional Airport) be accepted as substantially complete.

(11) Recommended that the Parish Administrator be authorized to advertise for one 2001 one-half ton pickup truck for use by the Division of Engineering and Public Works (Mosquito Control Department).

(12) Advised that a public hearing would be held on Thursday, November 9, 2000, at 10:00 a.m., by the Joint Legislative Committee on Transportation, Highways, and Public Works at the Lake Charles Civic Center, Contraband Room, in accordance with Act 334 of the 1974 Regular Session of the Louisiana Legislature, for the purpose of reviewing highway construction priorities for the Fiscal Year 2001-2002 for the parishes of Allen, Beauregard, Calcasieu, Cameron, and Jefferson Davis (Highway District 07).

(13) Recommended that a resolution be adopted for presentation at the above referenced public hearing urging immediate attention to the extreme need for an underpass to bypass train traffic at the entrance to the City of Westlake, and further, that certified copies of said resolution be forwarded to the Calcasieu Congressional and Legislative Delegations.

There being no further business, Chairman Breaux declared the meeting to be adjourned.

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

It was moved by Mrs. Treme, seconded by Mr. Collins and carried unanimously that Recommendation Nos. 1 through 5 of the Public Works Committee as outlined heretofore be approved; whereupon, the following ordinances and resolution were adopted:

ORDINANCE NO. 4226

AN ORDINANCE amending Chapter 8 - Fire Protection and Prevention, of the Code of Ordinances of Calcasieu Parish, Louisiana, to provide for control of outdoor burning of waste or other combustible material to prevent undesirable levels of air contaminants in the atmosphere and to provide for the public safety and welfare of the citizens and property of Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 5thday of October, 2000, that it does hereby amend Chapter 8 - Fire Protection and Prevention, of the Code of Ordinances of Calcasieu Parish, Louisiana.

SECTION I. Chapter 8 - Fire Protection and Prevention, Article III. Fire Prevention Code, Sec. 8-38 Amendments, is repealed and declared null and void and of no effect.

SECTION 2. Sections 8-39 to 8-41 are renumbered as follows, to correspond with the provisions of this ordinance:

Sec. 8-39. Modifications, is renumbered as Sec. 8-38. Modifications;

Sec. 8-40. New materials, processes or occupancies which may require permits or occupational licenses, is renumbered as Sec. 8-39. New materials, processes or occupancies which may require permits or occupational licenses.

Sec. 8-41. Violations and penalties, is renumbered as Sec. 8-40. Violations and penalties.

SECTION 3. Chapter 8 - Fire Protection and Prevention, is further amended by adding the following Article to the provisions thereof:

ARTICLE IV. OUTDOOR BURNING PROHIBITED

Sec. 8-41. Prohibition against outdoor burning.

No person shall cause or allow the outdoor burning of waste material or other combustible material on any property owned by him or under his control except as provided in Sec. 8-43.

Sec. 8-42. Exceptions to prohibition against outdoor burning.

(a) Outdoor burning of waste material or other combustible material may be conducted in the situations enumerated below if no public nuisance is or will be created and if the burning is not prohibited. The burning shall be in compliance with other applicable laws and with regulations and orders of governmental entities having jurisdiction, including air control regulations and orders. The authority to conduct outdoor burning under this regulation does not exempt or excuse the person responsible from the consequences of or the damages or injuries resulting from the burning.

1. The burning of leaves, grass, twigs, branches, and vines by a private property owner on his own property for non-commercial purposes, provided the property owner attends the burning of yard waste at all times.

2. Outdoor burning in connection with the preparation of food.

3. Campfires and fires used solely for recreational purposes or for ceremonial occasions, provided fire is attended.

4. Fires purposely set to forest lands for a specific forest management purpose in accordance with practices acceptable to the Louisiana Forestry Commission.

5. Fires purposely set to agricultural lands for a specific management purpose in accordance with practices acceptable to the Louisiana Department of Agriculture.

6. Outdoor burning in a rural park or rural recreation area of trees, brush, grass and other vegetable matter for game management purposes in accordance with practices acceptable to the Louisiana Parks and Recreation Commission and the Louisiana Wildlife and Fisheries Commission.

7. Small fires, by tradesmen and contractors, in such activities as street repair, installation or repair of sewer, water, electric, telephone mains, and services.

8. The operation of contrivances using open flames such as welding torches, blow torches, portable heaters, and other flame making devices.

9. Outdoor burning, in other than rural park or rural recreation areas, of trees, brush, grass, and other vegetable matter from such area in land clearing and right-of-way maintenance operation if the following conditions are met:

a. prevailing winds at the time of the burning must be away from any city or town, the ambient air of which may be affected by smoke from the burning;

b. the location of the burning must be at least 100 feet from any dwelling other than a dwelling or structure located on the property on which the burning is conducted;

c. care must be used to minimize the amount of dirt on the materials being burned;

d. heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any materials other than plant growth which produce unreasonable amounts of smoke may not be burned, nor may these substances be used to start a fire;

e. the burning may be conducted only between the hours of legal sunrise and legal sunset, and piles of combustible material should be of such size to allow complete reduction in this time interval;

f. the burning must be controlled so that a traffic hazard is not created as prohibited by Sec. 8-44.

10. Fires purposely set as a part of an organized program of drills for the training of fire fighting personnel or for testing fire fighting materials or equipment if the following conditions are met:

a. the duration of the burning is held to the minimum required for such purposes;

b. the burn is controlled so that a traffic hazard is not created as prohibited by Sec. 8-44.

11. Outdoor burning of waste hydrocarbon products from petroleum exploration, development or production companies, natural gas processing, such as, but not limited to, basic sediments, oil produced in testing an oil well, and transport of the waste products for sale or reclamation or to dispose of them lawfully in some other manner. In addition, hydrocarbons spilled or lost from pipeline breaks or other transport failures which cannot practicably be recovered or be disposed of lawfully in some other manner, may be outdoor burned at the site where the spill occurred or at another place due to safety considerations. Except when the immediate or continuous burning of hydrocarbon spills is reasonably necessary to abate or eliminate an existing or imminent threat of injury to human life or significant damage to property, the outdoor burning shall be conducted under the following conditions:

a. the location of the burning must be 100 feet from any residence and/or not adjacent to a city or town or in such proximity thereto that the ambient air of the city or town may be affected by smoke from the burning;

b. the burning is conducted only between the hours of legal sunrise and legal sunset;

c. the burning is controlled so that a traffic hazard is not created as prohibited by Sec. 8-44.

Sec. 8-43. Traffic hazards prohibited.

The emission of smoke, suspended particulate matter or uncombined water or any air contaminants or combinations thereof which passes onto or across a public road and creates a traffic hazard by impairment of visibility or intensifies an existing traffic hazard condition is prohibited.

Sec. 8-44. Penalties.

Anyone who shall violate any provision of this article or fail to comply with any order made thereunder shall severally for each such violation and noncompliance be guilty of a misdemeanor and punishable by a fine not to exceed five hundred dollars, or imprisonment not exceeding sixty days, or both. The imposition of one penalty for any violation shall not excuse the violation nor permit it to be continued, and all such persons shall be required to correct or remedy such violation. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Any fire department or other governmental entity having jurisdiction may extinguish a fire or remove a condition that is in violation of this ordinance.

Sec. 8-45. Authority to impose restrictions.

(a) The authority to impose restrictions on any activities outlined in the provisions of this Article as a result of drought conditions shall rest with the Police Jury through its President and shall be placed only when the President of the Police Jury, after consultation with officials located within the state and/or parish who are experienced in matters of climatology, meteorology, forestry, fire, and/or public safety, and shall be based on recognized indexes of the National Weather Service, declares that existing drought conditions warrant said restrictions, with such declaration to be ratified by the full Police Jury at its next regular or special meeting following the issuance of the declaration.

(b) Restrictions placed pursuant to this section include, but are not limited to, outdoor burning activities and any other measures to ensure citizens' health and safety. Restrictions may be placed parishwide or limited to certain districts within the parish.

(c) Restrictions shall be imposed and established by a written "Notice of Restrictions Due to Existing Drought Conditions", with such notice being in accordance with provisions of the Louisiana Emergency Assistance and Disaster Act of 1993, and shall be published in the official journal and disseminated through a press release to all available news media, and which shall describe the conditions necessitating the restrictions, the type of restrictions imposed, the effective date of the restrictions, the length of time said restrictions are to remain in effect, not to exceed thirty (30) days, and the areas of the parish covered by the restrictions. Subsequent notices extending the restrictions may be executed without limitations. A "Notice of Restrictions Due to Existing Drought Conditions" shall cease to be effective and thus revoke upon expiration of its term, or by written declaration by the President of the Police Jury with reasons for revocation, or upon failure of the Police Jury to ratify the President's actions.

(d) This section shall not apply to prescribed burns by the Department of Agriculture and Forestry, those trained and certified by the Department of Agriculture and Forestry, or by those who conduct prescribed burning as a "generally accepted agricultural practice" as defined by the Louisiana Right to Farm and Forest Act.

(e) Parish fire departments are empowered to extinguish all fires that are in direct violation of a "Notice of Restrictions Due to Existing Drought Conditions."

(f) Penalties for violation of a "Notice of Restrictions Due to Existing Drought Conditions" shall be in accordance with Sec. 8-45.

SECTION 4. Article IV. Hazardous Substances, is renumbered as Article V. Hazardous Substances to correspond with the provisions of this ordinance.

SECTION 5. Sections 8-42 through 8-47 are renumbered as follows to correspond with the provisions of this ordinance:

Sec. 8-42. Code of Federal Regulations adopted by reference, is renumbered as Sec. 8-46. Code of Federal Regulations adopted by reference.

Sec. 8-43. Hazardous substances defined, is renumbered as Sec. 8-47. Hazardous substances defined.

Sec. 8-44. Owner/operator to be responsible for all costs for cleanup and restoration--Generally, is renumbered as Sec. 8-48. Owner/operator to be responsible for all costs for cleanup and restoration--Generally.

Sec. 8-45. Same--Municipal or parish agencies, is renumbered as Sec. 8-49. Same--Municipal or parish agencies.

Sec. 8-46. Owner/operator to be responsible for all costs due exclusively to the presence of a hazardous substance, is renumbered as Sec. 8-50. Owner/operator to be responsible for all costs due exclusively to the presence of a hazardous substance.

Sec. 8-47. Penalties, is renumbered as Sec. 8-51. Penalties.

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 5th day of October, 2000.

/s/ Charles S. Mackey, D.D.S., President

/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary

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

RESOLUTION

WHEREAS, ARM, LLC, Charles Reeves, Jr., Manager, subdivided certain property in Ward Three of Calcasieu Parish, Louisiana, known as Big Lake Pines Subdivision Part One, a subdivision in Section 3, Township 11 South, Range 9 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana; and

WHEREAS, said subdivision plat was prepared by D.W. Jessen, Jr., Registered Land Surveyor No. 4646, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat was filed for record in the Office of the Clerk of Court on October 20, 2000, bearing File No. 252118818.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5thday of October, 2000, that it does hereby officially accept Big Lake Pines Subdivision Part One, including Big Lake Pines Drive, Pine Alley, and Columbia Drive located within said subdivision, for future maintenance by the Parish.

* * * * * * * * * *

ORDINANCE NO. 4227 AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to various roads, in Wards One, Three, Four, Six and Eight, of Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION 1: Sec. 17-64, Twenty-five miles per hour, of the Code of Ordinances is amended:

By Removing the following roads from the provisions of said section:

- Briar Marsh Road in Topsy Ranch Subdivision in Ward 1

- Gateway in Ward 1

- Nana Street in Ward 3

- Rabbit Lane in Ward 3

- Parish Road from the intersection of Parish Road with Columbia Southern Road westerly on Parish Road for a distance of one-fourth of a mile in Ward 4

- Scales Road in Ward 5

By Including the following road in the provisions of said section:

- Gahagan Lane in Ward 1

- Delcomme Street in Ward 8

SECTION 2: Sec. 17-65, Thirty miles per hour, of the Code of Ordinances is amended:

By Removing the following roads from the provisions of said section:

- Pujol Road between LA 3059 and Interstate Highway 10 in Ward 3

SECTION 3: Sec. 17-66, Thirty-five miles per hour, of the Code of Ordinances is amended:

By Removing the following roads from the provisions of said section:

- Campfire Girls Road in Ward 1

- Gillis Cutoff in its entirety in Ward 1

- Tom Hebert Road from Friesen Road South to the Cameron line in Ward 3

- Route 66 in Ward 6

By Including the following road in the provisions of said section:

- Scales Road in Ward 5

SECTION 4: Sec. 17-68, Forty-five miles per hour, of the Code of Ordinances is amended:

By Removing the following roads from the provisions of said section:

- Tom Hebert Road from Gauthier Road to Friesen Road in Ward 3

- Penton Road in Ward 6 from LA Highway 27 to 0.2 mile east of Mill Road

SECTION 5: Sec. 17-68.2, Fifty-five miles per hour, of the Code of Ordinances is amended:

By Removing the following roads from the provisions of said section:

- Penton Road in Ward 6 from 0.2 mile east of Mill Road to the Beauregard Parish line

BE IT FURTHER ORDAINED that effective immediately, no vehicle shall travel in excess of the maximum speed limits established above.

BE IT FURTHER ORDAINED that appropriate signs shall be posted along the roads set forth above, at reasonable intervals, to warn the operators of vehicles of the speed limits herein imposed.

BE IT FURTHER ORDAINED that anyone violating the provisions of this ordinance, upon conviction, shall be fined as provided in Section 1-9 of the Code of Ordinances of Calcasieu Parish, Louisiana.

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.

This ordinance was adopted on the 5th day of October, 2000.

/s/ Charles S. Mackey, D.D.S., President

/s/ S. Mark McMurry, Administrator & Ex-Officio Parish Secretary

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

ORDINANCE NO. 4228

AN ORDINANCE amending Sec. 17-126 of Chapter 17, Art. III, Stopping, Standing and Parking, of the Code of Ordinances of Calcasieu Parish, Louisiana, to include provisions for "no parking, stopping, or standing" on Salmon Street of Ward Three within Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

SECTION 1. Sec. 17-126 is amended by including the following road in the provisions of said subsection:

Salmon Street in Ward Three

BE IT FURTHER ORDAINED that effective immediately, no vehicle shall park, stop, or stand on Salmon Street in Ward Three.

BE IT FURTHER ORDAINED that appropriate signs shall be posted along Salmon Street as referred to above, at reasonable intervals, to warn operators of vehicles that parking, stopping, or standing is prohibited.

BE IT FURTHER ORDAINED that anyone violating the provisions of this ordinance, upon conviction, shall be fined as provided in Section 1-9 of the Code of Ordinances.

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.

This ordinance was adopted on the 5th day of October, 2000.

/s/ Charles S. Mackey, D.D.S., President

/s/ S. Mark McMurry, Administrator & Ex-Officio Parish Secretary

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

ORDINANCE NO. 4229

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to correctly reflect spelling of various roads, in Wards One, Three, Six and Eight, of Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION 1: Sec. 17-64, Twenty-five miles per hour, of the Code of Ordinances is amended:

By Removing the following roads from the provisions of said section:

- Lindswiler Road in Ward 3

- Giddion Road in Ward 6

- Delcome Road in Ward 8 By Including the following road in the provisions of said section:

- Linkswiller Road in Ward 3

- Gideon Street in Ward 6

- Delcomme Street in Ward 8

SECTION 2: Sec. 17-67, Forty miles per hour, of the Code of Ordinances is amended:

By Removing the following roads from the provisions of said section:

- You Wynn Road in Ward 1

By Including the following road in the provisions of said section:

- You Winn Road in Ward 1

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.

This ordinance was adopted on the 5th day of October, 2000.

/s/ Charles S. Mackey, D.D.S., President

/s/ S. Mark McMurry, Administrator & Ex-Officio Parish Secretary

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

Upon motion made by Mrs. Treme, which was duly seconded by Mrs. August and carried unanimously, Recommendation No. 6 of the Public Works Committee as outlined heretofore was approved; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 5thday of October, 2000, that it does hereby approve a request from Honorable Raywood Lemaire, Mayor of the Town of Vinton, that sign maintenance boundaries be changed as follows:

• Calcasieu Parish will maintain proper signing on both sides of Parish Road in Ward Seven from East Street east to the centerline of Crain Road; and

• The Town of Vinton will maintain proper signing on both sides of Parish Road in Ward Seven from the centerline of Crain Road east to Walters Road.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Motion was made by Mr. Kleckley and seconded by Mrs. Treme that Recommendation No. 7 of the Public Works Committee be approved, said recommendation being that a Joint Services agreement be approved between the Police Jury and Gravity Drainage District No. Four of Ward Three to hydro-mulch 2,640 feet of drainage lateral slopes off of Gauthier Road for erosion control, and further, authorizing the President of the Police Jury to execute all documents related thereto.

An amendment to the motion was offered by Mrs. August and seconded by Mr. Collins that the Joint Services Agreement also include erosion control for the Missouri Pacific lateral (as well as the hydro-mulch for the lateral off of Gauthier Road).

Mr. Smart explained that the project off of Gauthier Road was for the hydro-seeding of a ditch that was previously dug, and further, that the Police Jury's policy on joint services agreements was that they were for a specific project which included a cost estimate for labor, equipment and materials. Mr. Smart suggested that since the Missouri Pacific lateral would require paving, that a request for funding under the statewide flood control program be initiated similar to the Drainage Board's project on Antoine Gully whereby the State would pay part of the costs.

Vice-President Griffin asked if there were any other projects pending such as the one under discussion, and Mr. Smart advised that Mr. Kleckley had mentioned a couple of projects that he was trying to get help with.

Mrs. August asked what needed to be done to get started on a project, and Mr. Smart advised that the Drainage Board would need to prioritize it as one of their projects, gather information and submit evidence with respect to flooding and damage, and submit an application.

Mr. Kleckley asked Mrs. August if she had approached the Drainage Board with respect to the Missouri Pacific lateral, and she stated that she had approached them on more than one occasion, but she did not get the same concern and treatment as he did, to which Mr. Kleckley responded that much more money had been spent in her area, i.e., Antoine Gully, Kayouchee Coulee, Woodring lateral, etc.

Reverend Ernest Walker, member of the Board of Commissioners of Gravity Drainage District No. Four of Ward Three, appeared before the Police Jury and advised that several applications had been made to do work on the Missouri Pacific lateral. He further advised that the Drainage Board knew the erosion problem there was atrocious; however, state funding was based on whether or not flooding was taking place which was not the case with this particular lateral. Reverend Walker also stated that the two applications - state and federal - were in place but as to whether funding would be forthcoming, he could not assure anyone of that.

Reverend Walker pointed out that it had taken twelve years for the Oak Park lateral to be paved, and concrete paving was very expensive. He stated that the Drainage Board had worked with Mrs. August on each of her concerns, but concreting a ditch took a lot of money, and there was a limited amount available.

Mr. Manuel asked for a ballpark figure to correct the erosion problems associated with the Missouri Pacific lateral, and Reverend Walker advised that he did not have those figures with him, but it was around $2 to $2.5 million.

Mrs. August withdrew her amendment to the motion, and Mr. Collins withdrew his second.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 5thday of October, 2000, that it does hereby approve a Joint Services Agreement between the Police Jury and Gravity Drainage District No. Four of Ward Three to hydro-mulch 2,640 feet of drainage lateral slopes off of Gauthier Road for erosion control, with the Drainage District to reimburse the Police Jury in the amount of $3,339.95 for labor, fuel and materials.

BE IT FURTHER RESOLVED that the President of the Police Jury is authorized to execute all documents related thereto.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Motion was made by Mr. Breaux, seconded by Mr. Manuel and carried unanimously that Recommendation No. 8 of the Public Works Committee as outlined heretofore be approved.

It was moved by Mr. Manuel, seconded by Mr. McMillin and carried unanimously that Recommendation No. 9 of the Public Works Committee be approved.

Upon motion made by Mr. Danahay, which was duly seconded by Mr. Manuel and carried unanimously, Recommendation No. 10 of the Public Works Committee was approved.

Motion was made by Mr. Manuel, seconded by Mrs. August and carried unanimously that Recommendation Nos. 11 and 12 of the Public Works Committee be approved.

It was moved by Mr. McMillin and seconded by Mr. Manuel that Recommendation No. 13 of the Public Works Committee be approved, said recommendation being that a resolution be adopted for presentation at the above referenced public hearing urging immediate attention to the extreme need for an underpass to bypass train traffic at the entrance to the City of Westlake, and further, that certified copies of said resolution be forwarded to the Calcasieu Congressional and Legislative Delegations.

Mr. McMurry advised that two different drafts of the resolution referred to in Recommendation No. 13 had been prepared by the staff with the difference between the two being that one of the drafts ("draft b") included the following: "due to its extreme importance, that this project be elevated in priority to a level providing for commencement of work prior to the construction and funding of the Rose Bluff Bridge over Bayou d'Inde."

Mr. McMillin spoke in favor of "draft b" and stated that it had more "bite" and, therefore, more effectiveness. He asked that the jurors support "draft b" and offered an amendment to the motion on the floor, which was accepted by Mr. Manuel (as second of the motion) to provide that "draft b" be adopted.

Mr. Danahay stated that the Rose Bluff project included improvements to Pete Manena Road and Prater Road, so he took exception to adoption of "draft b."

Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Police Jury and stated that the number of people affected (by the need for an underpass at the entrance to the City of Westlake) would demand that this project be given a higher priority (than the Bayou D'Inde project), and he asked that it be addressed before the Bayou D'Inde project.

Mr. Manuel stated that it was not just the residents of Westlake who were impacted but that this also impacted citizens to the north. He pointed out that the problem had been talked about for at least 15 years, and it was an urgent need which involved a lot of safety factors.

Mr. Danahay reiterated that the Rose Bluff project included improvements to Pete Manena and Prater Roads, both of which were in great need of repair. Mr. Danahay stated that the funding source for the Rose Bluff project was different than the funding source for the underpass project.

Mr. McMurry explained that the money allocated for the Rose Bluff project was "experimental funding" which would not be reallocated to another project if it were to be taken away from the Rose Bluff project, and he suggested making the legislative committee understand the importance of the underpass at the entrance to Westlake and the 30,000 people impacted by the need for same, instead of getting into a "tussle" over the money.

Mr. McMillin then amended his motion to reflect that "draft a" of the proposed resolution be adopted, and Mr. Manuel (as second of the motion) accepted said amendment. A vote on the motion as amended carried unanimously; whereupon, the following resolution was adopted:

RESOLUTION

WHEREAS, concerted efforts have been made for several years with regard to the fact that State Highway 378 is in dire need of a grade separation at the crossing of the Union Pacific Railroad at Westlake in Calcasieu Parish, Louisiana; and

WHEREAS, this section of State Highway 378 is regionally significant in that it is part of a defacto north loop around the urbanized areas of the City of Lake Charles and, along with U.S. Highway 171, provides access to the areas north of Lake Charles and Westlake; and

WHEREAS, it is estimated that there are approximately 30 trains per day averaging 100-115 cars per train moving through Westlake at State Highway 378 which stalls and inconveniences, for time periods of 15 minutes or more, the approximately 25,000 - 30,000 vehicles which must traverse this railroad crossing daily; and

WHEREAS, safety concerns are paramount because traffic delays that back up onto Interstate 10 are commonplace, and the residents of the City of Westlake fear that evacuation would be hindered in a natural or industrial disaster because of the possibility of being "hemmed in" with railroad tracks to the south and west, a river to the east, and a draw bridge to the north with no possible means for escape; and

WHEREAS, a new grade separation would provide access to the City of Westlake and local industries and would positively impact energy efficiency, environmental aspects, safety, and traffic congestion since it would separate train and vehicular movements;

WHEREAS, it is the understanding of the Police Jury that bids for a project to provide a grade separation at this location have been scheduled to be let in October of 2005 according to the Lake Charles Urbanized Area Transportation Improvement Program; and

WHEREAS, it is the desire of this Police Jury to raise the level of awareness that this project is an absolute necessity for the welfare and safety of the citizens of Westlake and should be funded and built as soon as possible.

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 5thday of October, 2000, that it does hereby urge immediate attention to the extreme need for an underpass or grade separation at the crossing of the Union Pacific Railroad at State Highway 378 in Westlake, and that the proposed bid date be revised to a date much sooner than October, 2005.

BE IT FURTHER RESOLVED that the Parish Staff work with officials from the City of Westlake to research any sources of revenues and grants that may be available to assist in the funding for this project.

BE IT FURTHER RESOLVED that a copy of this resolution be presented at the Public Hearing to be held on Thursday, November 9, 2000, by the Joint Legislative Committee on Transportation, Highways, and Public Works, said public hearing being held to review highway construction priorities for Fiscal Year 2001-2002 for the parishes of Allen, Beauregard, Calcasieu, Cameron, and Jefferson Davis.

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Calcasieu Congressional and Legislative Delegations for their support in this much-needed and long-awaited improvement in Calcasieu Parish.

THUS PASSED AND ADOPTED by a unanimous vote on the date above inscribed.

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Motion was made by Mrs. August, seconded by Mr. Breaux and carried unanimously that the Agenda Committee Report dated September 28, 2000, be approved as follows:

AGENDA COMMITTEE REPORT

September 28, 2000

A meeting of the Agenda Committee was held on Thursday, September 28, 2000, in the Police Jury Meeting Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Elizabeth C. Griffin, Chairperson, presiding, and the following members present:

Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Algie Breaux, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Hal McMillin, Mr. Don Manuel, Mr. Cornie Moon, and Mrs. Sandra Treme.

Absent: None

Also present were Mr. S. Mark McMurry, Ms. Kathy Criglow, Mrs. Coleen Clark, Ms. Gernine Mailhes, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Bryan Beam, Mr. Jim Vickers, Mr. Jerry Milner, Mr. Richard Gremillion, and Mr. Gerry Trahan.

Chairperson Griffin advised that the purpose of the meeting on this date was to review the proposed agenda for the regular meeting of the Police Jury to be held on October 5, 2000.

Following review of the items to be considered by the Police Jury on October 5th, it was unanimously recommended that the proposed agenda be accepted with the following additions:

Consideration of adopting a policy to mandate that all meetings of boards of commissioners of special service districts appointed by the Police Jury be recorded and preserved, in their entirety, on audiocassette tape.

Consideration of adopting a resolution in support of HR 5259 "Municipal Utility Reliability Act of 2000" which clarifies the term "investment property" in the Internal Revenue Code so as to not include a prepayment by an issuer of bonds in order to ensure the supply and transport of a commodity by a governmental entity, and further, that copies of this resolution be forwarded to the Calcasieu Congressional Delegation.

Also, recommendations for appointments to various boards of special service districts were made by members of the Committee.

There being no further business, Chairperson Griffin declared the meeting to be adjourned.

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It was moved by Mrs. August, seconded by Mr. McMillin and carried unanimously that the Ditch Maintenance Ad-Hoc Committee Report dated October 5, 2000, be approved as follows:

DITCH MAINTENANCE AD-HOC COMMITTEE REPORT

October 5, 2000

A meeting of the Ditch Maintenance Ad-Hoc Committee was held on Thursday, October 5, 2000, in the Police Jury Conference Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Brent Clement, Chairman, presiding, and the following members present:

Mr. Calvin Collins, Mr. Enos Derbonne, Mr. Chuck Kleckley, and Mr. Hal McMillin.

Absent: Charles S. Mackey, D.D.S., Ex-Officio

Also present were Mr. Mike Danahay, Mr. Don Manuel, Mr. S. Mark McMurry, Ms. Kathy Criglow, Ms. Gernine Mailhes, Mr. Bryan Beam, Mr. Claude Smart, Mr. Allen Wainwright, Mr. Clark Abercrombie, and Mr. Harry Burt.

Said Committee:

(1) Reviewed a list of staff recommendations and made revisions thereto relative to policy changes which should be implemented to continue the culvert installation program in an efficient and productive manner.

(2) Scheduled another meeting for Thursday, October 26, 2000, prior to the Public Works Committee on said date to finalize the Committee's review of the modified set of recommendations for continuation of the culvert installation program.

There being no further business, Chairman Clement declared the meeting to be adjourned.

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

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

RESOLUTION

WHEREAS, notification