June 20, 2002

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, June 20, 2002, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with The Honorable Enos Derbonne, President, presiding, and the following members present:

Mesdames Luvertha August, Elizabeth Conway Griffin, and Sandra J. Treme; and Messrs. Francis Andrepont, Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornelius "Cornie" Moon

Absent: None

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

President Derbonne called the meeting to order, and the invocation was pronounced by Father Jude Brunnert, M.S., Associate Pastor of Our Lady of Prompt Succor Catholic Church, which was followed by the Pledge of Allegiance led by Mr. Andrepont. The roll was called with the result being as outlined above.

President Derbonne 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. 2002-05 (Hardsurfacing and Overlaying of Various Roads in Calcasieu Parish, Louisiana). Mr. McMurry then proceeded to open the following bids:

Cypress General Contractors, Inc. $1,611,947.10

R. E. Heidt Construction Company, Inc. $1,432,134.86

Prairie Construction Company, Inc. $1,560,560.95

Diamond D. Construction Company, LLC $2,594,060.84

Motion was made by Mr. Breaux, seconded by Mr. McMillin that the bids be referred to the Parish Engineer for final tabulation with further action thereon to be taken at the Regular Meeting on July 3, 2002.

President Derbonne recognized the following persons as being present at the meeting on this date: Mayor Randy Roach, Mayor of the City of Lake Charles, Mr. Paul Rainwater, Assistant to the Mayor, and Mr. Rob McCorquodale, Lake Charles City Councilman and legal counsel for the Calcasieu Parish Sheriff's Department.

President Derbonne 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. 2002-06 (Pavement Striping of Various Roads in Wards 4, 5, 6, and 7). Mr. McMurry then proceeded to open the following bids:

Stars and Stripes Traffic Systems, Inc. $152,131.00

Jack B. Harper Contractor $203,506.40

It was moved by Mr. Andrepont, seconded by Mr. Kleckley 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 on July 3, 2002.

Mr. McMillin introduced Judge Billy Ezell who appeared before the Police Jury with reference to his candidacy for Third Circuit Court of Appeals. He spoke briefly of some of his experiences as a Family Court Judge and urged everyone to choose carefully when it came time to vote for his successor in office, because he felt it was the most important judgeship in the Parish, particularly since it handled a tremendous number of cases which affected so many people. Judge Ezell also spoke of the need for an additional judgeship in Family Court, and he thanked the Police Jury and Mr. McMurry for their past assistance.

President Derbonne asked if Mr. Richard Donahoe, Director of the Southwest Louisiana Criminalistics Laboratory, was present in the audience with reference to approval of said agency's amendment to its FY 2001-2002 budget and approval of its proposed budget for FY 2002-2003. Mr. Gary Rogers of the Criminalistics Laboratory stated that he was present to answer any questions on behalf of said agency.

Mr. McMurry stated that the staff had looked over the budget and found it to be in order; whereupon, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that an amendment to the FY 2001-2002 budget of the Southwest Louisiana Criminalistics Laboratory be approved as presented, and further, that said agency's proposed budget for FY 2002-2003 be approved as presented.

President Derbonne advised that action would be taken at this time relative to adopting a resolution approving the exercise of the option to renew the Joint Services Agreement between the Police Jury and the Calcasieu Parish Sheriff's Office for a one-year period beginning July 1, 2002, for the operation of the Motorist Assistance Patrol (MAP) Program, under the same terms and conditions as the original agreement, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

Mr. Beam stated that statistics related to the program had been sent out to the jurors during the preceding week, and he indicated that the program had been very well received by the citizens.

Mr. Rob McCorquodale appeared before the Police Jury on behalf of the Calcasieu Parish Sheriff's Department and stated that it was nice to see government agencies working together, and the MAP was a good example of a true partnership. He pointed out that drivers of 200 - 300 vehicles per week were being helped through this program.

Motion was made by Mr. Andrepont and seconded by Mrs. August that a resolution be adopted approving the exercise of the option to renew the Joint Services Agreement between the Police Jury and the Calcasieu Parish Sheriff's Office for a one-year period beginning July 1, 2002, for the operation of the Motorist Assistance Patrol (MAP) Program, under the same terms and conditions as the original agreement, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

Mrs. Griffin pointed out that a Deputy Robinson was present in the audience, and she acknowledged him for his efforts in helping to run the MAP.

Mr. Moon stated that this was an excellent program, and he commended Mr. Clement for saving it when it almost "slipped through the mesh". Mr. Moon also stated that he did not think the vans were visible enough, and he felt they should look more like emergency vehicles when coming down the road.

Mr. McCorquodale advised that the vans were "inherited" along with the program and that they met state specifications but had over 200,000 miles on them. He further advised that efforts were being made to acquire some newer vans, and those would have both the Sheriff's Department and Police Jury logos on them.

Mr. Moon stated that it was not so much what was written on the vans as it was the lighting on them that caused them to not look like emergency vehicles. Deputy Robinson showed pictures of a wreck which had happened on the interstate recently and pointed out that the vans had amber lights on them which could be seen at a distance and which flashed continuously.

Mrs. Griffin stated that she felt the Parish's logo should definitely be on the vans, since the Police Jury helped sponsor the program, and Mr. Kleckley pointed out that it was. Mr. Moon stated that his primary concern was the possibility of accidents occurring when one of the vans was parked on the side of the road assisting someone, if they were not marked well enough with lights.

A vote taken on the motion on the floor 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 20^th day of June, 2002, that it does hereby approve the exercise of the option to renew the Joint Services Agreement between the Police Jury and the Calcasieu Parish Sheriff's Office for a one-year period beginning July 1, 2002, for the operation of the Motorist Assistance Patrol (MAP) Program, under the same terms and conditions as the original agreement.

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 Mrs. Treme, seconded by Mr. Manuel and carried unanimously to approve the following liquor and beer permit:

WARD III

AROCO Rentals Corporation

Arthur R. Cooling -- Pres.

Cajun Haven Café

5505 Highway 90 East

Lake Charles, LA 70615 Liquor & Beer $135.00

(Calvin Collins' District)

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

Upon motion made by Mrs. August, which was duly seconded by Mr. Collins and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated May 16, 2002, were approved, and the reading of same was dispensed with.

President Derbonne advised that action was needed on Zoning Case RZ04-027-02 which was a request by Troy Patin to rezone from C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development on West Dave Dugas Road in Ward Four, Police Jury District 12. He further advised that the Planning and Zoning Board had met on Tuesday, June 18, 2002, and voted unanimously to recommend that the request be granted.

Motion was made by Mr. Andrepont, seconded by Mr. Clement and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ04-027-02 and that the request to rezone be granted; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4374

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Troy Patin to rezone from C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development on the property described as: South 500' of the following: Tract I: Com at the SE cor of the SE/4 of SW/4 of S20, T10S, R10W, thence S 89 degs 49' 20" W 351.49 ft.; thence N 0 degs 05' 27" W 208.7 ft.; thence N 89 degs 49' 20" E 351.49 ft.; thence S 0 degs 09' 21" E 208.7 ft. to the poc, containing 1.68 acres and subject to road right of way on the S side thereof . Tract II: Com N 0 degs 09' 21" W 208.7 ft. from the SE cor of SE/4 of SW/4 of S20, T10S, R10W, thence S 89 degs 49' 20" W 351.49 ft., thence N 0 degs 05' 27" W 1120.48 ft.; thence N 89 degs 48' 07" E 350.22 ft.; thence S 0 degs 09' 21" E 1120.6 ft. to commencement, containing 9.02 acres.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20^th day of June, 2002, 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 Four of this parish:

From C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development on the property described as: South 500' of the following: Tract I: Com at the SE cor of the SE/4 of SW/4 of S20, T10S, R10W, thence S 89 degs 49' 20" W 351.49 ft.; thence N 0 degs 05' 27" W 208.7 ft.; thence N 89 degs 49' 20" E 351.49 ft.; thence S 0 degs 09' 21" E 208.7 ft. to the poc, containing 1.68 acres and subject to road right of way on the S side thereof . Tract II: Com N 0 degs 09' 21" W 208.7 ft. from the SE cor of SE/4 of SW/4 of S20, T10S, R10W, thence S 89 degs 49' 20" W 351.49 ft., thence N 0 degs 05' 27" W 1120.48 ft.; thence N 89 degs 48' 07" E 350.22 ft.; thence S 0 degs 09' 21" E 1120.6 ft. to commencement, containing 9.02 acres.

Zoning Case RZ04-027-02

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/ Enos Derbonne, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Derbonne advised that action was needed on Zoning Case RZ03-024-02 which was a request by Broussard Living Trust of 1992 to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) on East Highway 14 in Ward Three, Police Jury District 10. He further advised that the Planning and Zoning Board had met on Tuesday, June 18, 2002, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the manufactured home be limited to family only; (3) that the manufactured home must be skirted prior to connection of the utilities; and (4) that the proper permits must be obtained within thirty (30) days of zoning approval.

It was moved by Mr. Breaux, seconded by Mr. Manuel and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-024-02 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4375

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Broussard Living Trust of 1992 to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) on the property described as: Com at the SW cor of the NW/4 of the SE/4, S27, T10S, R8W, Calcasieu Parish, Louisiana, thence E along the N line of State Hwy. 14 a distance of 667.5 feet to poc, thence E 86 feet, thence N 182 feet to drainage ditch, thence W 86 feet, thence S 207 feet to poc.

From C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the manufactured home be limited to family only; 3) that the manufactured home must be skirted prior to connection of the utilities; and 4) that the proper permits must be obtained within (30) thirty days of zoning approval; on the property described as: Com at the SW cor of the NW/4 of the SE/4, S27, T10S, R8W, Calcasieu Parish, Louisiana, thence E along the N line of State Hwy. 14 a distance of 667.5 feet to poc, thence E 86 feet, thence N 182 feet to drainage ditch, thence W 86 feet, thence S 207 feet to poc.

Zoning Case RZ03-024-02

THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

/s/ Enos Derbonne, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Derbonne advised that action was needed on Zoning Case RZ03-026-02 which was a request by Duane Gifford to rezone from I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development on Big Lake Road in Ward Three, Police Jury District 9. He further advised that the Planning and Zoning Board had met on Tuesday, June 18, 2002, and voted unanimously to recommend that the request be granted.

Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-026-02 and that the request to rezone be granted; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4376

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Duane Gifford to rezone from I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development on the property described as: Lot Five (5) Benoit, Dupre Partition, Conveyance Book 324 page 121.

From I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development on the property described as: Lot Five (5) Benoit, Dupre Partition, Conveyance Book 324 page 121.

Zoning Case RZ03-026-02

THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

/s/ Enos Derbonne, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Derbonne advised that action was needed on Zoning Case RZ08-041-01 which was a request by Barbara Neal to rezone from A-1 (Agricultural) to C-2 (General Commercial) to replace an existing off-premise outdoor advertising sign located on Interstate 10 in Ward Eight, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, June 18, 2002, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the use be limited to the replacement of the off-premise outdoor advertising sign only; and (3) that the property revert to A-1 (Agricultural) in thirty (30) days.

It was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ08-041-01 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4377

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Barbara Neal to rezone from A-1 (Agricultural) to C-2 (General Commercial) to replace an existing off-premise outdoor advertising sign on the property described as: Com at a point N 85 degs 53' 28" E 25.1 ft. from the point of intersection of the W line of the SW/4 of the SW/4 of S19, T9S, R6W, and the N r/w of Interstate 10; thence N 85 degs 53' 28" E along interstate r/w 147.58 feet; thence N 0 degs 22' 20" E 147.58 feet; thence S 85 degs 53' 28" W 147.58 feet; thence S 0 degs 22' 20" W 147.58 feet to the poc.

From A-1 (Agricultural) to C-2 (General Commercial) to replace an existing off-premise outdoor advertising sign with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the use is limited to the replacement of the off-premise outdoor advertising sign only; and 3) that the property will revert to A-1 (Agricultural) in thirty (30) days; on the property described as: Com at a point N 85 degs 53' 28" E 25.1 ft. from the point of intersection of the W line of the SW/4 of the SW/4 of S19, T9S, R6W, and the N r/w of Interstate 10; thence N 85 degs 53' 28" E along interstate r/w 147.58 feet; thence N 0 degs 22' 20" E 147.58 feet; thence S 85 degs 53' 28" W 147.58 feet; thence S 0 degs 22' 20" W 147.58 feet to the poc.

Zoning Case RZ08-041-01

THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

/s/ Enos Derbonne, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Derbonne advised that action was needed on Zoning Case RZ05-025-02 which was a request by the Succession of Horace Gore to rezone from C-2 (General Commercial) to A-1 (Agricultural) to allow residential development (manufactured home) at 4834 Evangeline Highway in Ward Five, Police Jury District 11. He further advised that the Planning and Zoning Board had met on Tuesday, June 18, 2002, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the manufactured home must be skirted within sixty (60) days of zoning approval; and (3) that the old manufactured home must be moved off the property within thirty (30) days of zoning approval.

Motion was made by Dr. Mackey, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ05-025-02 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4378

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Succession of Horace Gore to rezone from C-2 (General Commercial) to A-1 (Agricultural) to allow residential development (manufactured home) on the property described as: Com at the SE cor of the SE/4 of the SE/4 of S34, T8S, R13W, go W 159 feet, thence N 274 feet, thence E 159 feet, thence S 274 feet, to the poc, containing one (1) acre m/l.

From C-2 (General Commercial) to A-1 (Agricultural) to allow residential development (manufactured home) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the manufactured home must be skirted within 60 days of zoning approval; and 3) that the old manufactured home must be moved off the property within 30 days of zoning approval; on the property described as: Com at the SE cor of the SE/4 of the SE/4 of S34, T8S, R13W, go W 159 feet, thence N 274 feet, thence E 159 feet, thence S 274 feet, to the poc, containing one (1) acre m/l.

Zoning Case RZ05-025-02

THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

/s/ Enos Derbonne, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Derbonne advised that action was needed on Zoning Case RZ04-023-02 which was a request by Kevin J. Wing to rezone from C-1 (Light Commercial) to A-1 (Agricultural) to allow residential development (manufactured home) on Vincent Drive in Ward Four, Police Jury District 12. He further advised that the Planning and Zoning Board had met on Tuesday, June 18, 2002, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the manufactured home must be skirted prior to utilities being connected; (3) that the proper permits must be obtained within thirty (30) days of zoning approval; and (4) in the event that a house is placed on the property instead of a manufactured home, stipulation number (2) would be null and void.

It was moved by Dr. Mackey, seconded by Mrs. August and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-023-02 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4379

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Kevin J. Wing to rezone from C-1 (Light Commercial) to A-1 (Agricultural) to allow residential development (manufactured home) on the property described as: Com at a point which is 497.98' N and 1163.74' E of the SW cor of the SW/4 of the SE/4 of S22, T10S, R10W; thence N 00 degs 14' 33" E, 221.93 feet; thence S 89 degs 55' 40" E, 194.6 feet; thence S 00 degs 11' 24" W, 222.21 feet; thence N 89 degs 50' 35" W, 194.8 feet to the poc. Tract C: Com at a point which is 497.98' N and 968.94' E of the SW cor of the SW/4 of the SE/4 of S22, T10S, R10W; thence N 00 degs, 17' 42" E, 221.64 feet; thence S 89 degs 55' 40" E, 194.6 feet; thence S 00 degs 14' 33" W, 221.93 feet; thence N 89 degs 50' 35" W. 194.8 feet to the poc.

From C-1 (Light Commercial) to A-1 (Agricultural) to allow residential development (manufactured home) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the manufactured home must be skirted prior to utilities being connected; 3) that the proper permits must be obtained within 30 days of zoning approval; and 4) in the event that a house is placed on the property instead of a manufactured home, stipulation #2 will be null and void; on the property described as: Com at a point which is 497.98' N and 1163.74' E of the SW cor of the SW/4 of the SE/4 of S22, T10S, R10W; thence N 00 degs 14' 33" E, 221.93 feet; thence S 89 degs 55' 40" E, 194.6 feet; thence S 00 degs 11' 24" W, 222.21 feet; thence N 89 degs 50' 35" W, 194.8 feet to the poc. Tract C: Com at a point which is 497.98' N and 968.94' E of the SW cor of the SW/4 of the SE/4 of S22, T10S, R10W; thence N 00 degs, 17' 42" E, 221.64 feet; thence S 89 degs 55' 40" E, 194.6 feet; thence S 00 degs 14' 33" W, 221.93 feet; thence N 89 degs 50' 35" W. 194.8 feet to the poc.

Zoning Case RZ04-023-02

THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

/s/ Enos Derbonne, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Derbonne advised that action was need on proposed amendments to the subdivision and zoning ordinances regarding private roads. Mr. Vickers reminded the jurors that at the Public Works Committee meeting on April 25, 2002, the amendments were introduced which were proposed to strengthen the existing regulations regarding the issuance of variances on private roads. He advised that the amendments were subsequently approved, forwarded to the Planning and Zoning Board, and approved by said Board as they were originally presented to the Public Works Committee.

Mr. Vickers further stated that the Planning and Zoning Board had also approved a Master Private Road List but that subsequent to the Board's approval, Mr. Landry had asked that one road located off of S. LeBleu Road, referenced on the list as "SV03-006-00, 010-01", be removed. Mr. Vickers recommended that said road be deleted from the Master Private Road List.

Motion was then made by Mr. Landry and seconded by Dr. Mackey that the road located off of S. LeBleu Road, referenced on the Master Private Road List as "SV03-006-00, 010-01", be deleted from said list, as per the recommendation of the staff.

In answer to a question by Mr. Andrepont, Mr. Vickers stated that this particular road involved a situation where a variance had been denied but that the applicant deliberately tried to circumvent Parish regulations.

Mr. Smith advised that the amendments being contemplated on this date were an effort to try and enforce the other ordinances which require people who want to subdivide property to first develop a road complying with the appropriate hardsurfacing requirements. He further advised that the purpose of the amendments was rather than piece-mealing and having people asking for variances on a lot of these private roads, the Master Private Road List would grandfather those people living on the roads on said list, but would not allow any more variances to be entertained unless they were a hardship. Mr. Smith explained that the hesitancy in not granting variances was due to the fact that people on those roads covered by variances had to be served by garbage collection, 911 services, fire protection, etc.

Mr. Vickers stated that once a road was on the Master Private Road List, it meant that someone living on such a road would be eligible to apply for a variance. He pointed out that it did not mean that the list would definitely cover all of the roads out in the Parish, but he thought it was the best effort between the Office of Planning and Development and the Division of Engineering and Public Works to identify as many of these types of roads as possible. Mr. Vickers stated that what they were trying to do was "stem the tide" so that the subdivision regulations were not circumvented.

In answer to a question by Mr. Andrepont with respect to hardship cases, Mr. Vickers advised that these would continue to be reviewed on an individual basis under the same procedures as in the past.

Mrs. Griffin stated that she was in complete support of the amendments being proposed on this date, but she asked that the staff not forget the people who lived on roads which were not on the list, because when that time came, she would be sending those people to the Office of Planning and Development for assistance.

In answer to a question by Mrs. Treme, Mr. Vickers stated that the list could always be amended but only by the Police Jury, not the staff, to take into account roads that may have inadvertently been omitted when drawing up the list.

A vote taken on the motion on the floor which was to delete from the Master Private Road List a road located off of S. LeBleu Road, referenced on the Master Private Road List as "SV03-006-00, 010-01", and said motion carried unanimously.

Motion was then made by Mr. Manuel, seconded by Mrs. Treme and carried unanimously that the staff's recommendation be accepted with respect to amendments to the subdivision and zoning ordinances regarding private roads; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4380

AN ORDINANCE amending Chapter 23 - Subdivision and Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of June, 2002, that it does hereby amend Chapter 23 - Subdivision and Chapter 26 - Zoning, of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

SECTION 1. Section 23-8. Administration and violation, is amended by including paragraph (c) Variance on Private Road as follows:

(c) Variance on Private Road. No application for variance request shall be processed by the commission staff for authorization of a development permit on a private road other than those shown on Calcasieu Parish's Master Private Road List officially adopted by the Police Jury on June 20, 2002, a copy of which is attached hereto and made a part hereof, and which is also hereby incorporated in the Code of Ordinances of Calcasieu Parish, Louisiana, as Exhibit A in the Appendix Chapter. Procedures for applying for development permits without public road frontage requirements.

SECTION 2. The existing Section 23-8 (c) shall be renumbered as (d) Exceptions from hardsurfacing requirement, as follows:

(d) Exceptions from harsurfacing requirement. The following criteria shall be met for an exception to the hardsurfacing requirement of this chapter:

SECTION 3. Section 26-15. Procedures for applying for development permits without public road frontage requirements, (a) (1) is amended in its entirety to read as follows:

The applicant executes and files an application with the Division for a development permit to waive parish-maintained public road frontage requirements. The Division shall require the submittal of a plat depicting the road location and lots in accordance with La. R.S. 33:5051. The Division may require supplementary data including, but not limited to, affidavit of private road maintenance plan, legal description of property, fire protection documentation, mail service documentation, school bus documentation, utility documentation (water, sewer, electricity, and gas), and road name.

SECTION 4. Section 26-15. Procedures for applying for development permits without public road frontage requirements, is amended to include the following provision:

(b) No application for variance request shall be processed by the Division of Planning and Development for authorization of a development permit on a private road other than those shown on Calcasieu Parish's Master Private Road List officially adopted by the Police Jury on June 20, 2002, a copy of which is attached hereto and made a part hereof, and which is also hereby incorporated in the Code of Ordinances of Calcasieu Parish, Louisiana, as Exhibit A in the Appendix Chapter.

SECTION 5. Section 26-21. Development standards, (f)(7) is amended to read in it entirety as follows:

Where a private road is needed to provide access when family subdivides property for immediate family members. Immediate family is defined as spouse; children or step-children; mother, mother-in-law, or step-mother; father, father-in-law, or step-father; sister, half-sister, or sister-in-law; brother, half-brother, brother-in-law; son-in-law or daughter-in-law; grandparents or step-grandparents; or grandchildren. At the discretion of the Division of Planning and Development, proof of relationship may be required.

SECTION 6. Section 26-21. Development standards, (f) is amended to include (9) as follows:

(9) Where access is needed to obtain one development permit for a single dwelling and where a predial servitude has been granted to provide ingress and egress to the public road, the Division of Planning and Development may authorize issuance of a development permit for the dwelling. This will allow private ingress and egress for only one dwelling.

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 20^th day of June, 2002.

/s/ Enos Derbonne, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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

Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Clement and carried unanimously, the following ordinance was adopted:

ORDINANCE NO. 4381

AN ORDINANCE amending Chapter 6 - Buildings, Article IV. Off-Premises Outdoor Advertising Signs, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of June, 2002, that it does hereby amend Chapter 6 - Buildings, Article IV. Off-Premises Outdoor Advertising Signs, Section 6-94. Prohibited signs and locations (c), of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

SECTION I. Chapter 6, Article IV, Sec. 6-94 (c) is amended in its entirety to read as follows:

(c) No off-premises signs shall be located parallel to Interstate 10 in Sections 3 and 4 of Township 11 South, Range 13 West, and Sections 34, 35 and 36, Township 10 South, Range 13 West, Calcasieu Parish, Louisiana, other than those currently permitted by the state and parish.

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.

THUS PASSED AND ADOPTED on this, the 20^th day of June, 2002.

/s/ Enos Derbonne, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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

Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the request of the Division of Planning and Development be approved relative to a reversion of Zoning Case RZ02-001-97 (Curtis and Mary Deshotel) to revert from C-1 (Light Commercial) to R-2 (Mixed Residential) due to the fact that the beauty shop business ceased at 7689 Sauvalle Road in Ward Two, Police Jury District 10; whereupon, the following ordinance was adopted: (On January 23, 1997, the Police Jury approved a rezoning request to allow the beauty shop, by virtue of the adoption of Ordinance No. 3847).

ORDINANCE NO. 4382

AN ORDINANCE repealing Ordinance No. 3847, adopted by the Police Jury on January 23, 1997, which rezoned the following property in Ward Two, and owned by Curtis and Mary Deshotel, in Zoning Case RZ02-001-97 from R-2 (Mixed Residential) to C-1 (Light Commercial): Beginning 155 feet east and 208.7 feet north of the southeast corner of the southwest quarter of the southeast quarter of Section 6, Township 11 South, Range 5 West, thence east 208.7 feet, north 158.7 feet, west 208.7 feet, south 158.7 feet to the point of commencement.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20^th day of June, 2002, that Ordinance No. 3847, adopted by the Police Jury on January 23, 1997, is hereby repealed and declared to be null and void and of no effect.

BE IT FURTHER ORDAINED that the following described property is hereby classified as R-2 (Mixed Residential): Beginning 155 feet east and 208.7 feet north of the southeast corner of the southwest quarter of the southeast quarter of Section 6, Township 11 South, Range 5 West, thence east 208.7 feet, north 158.7 feet, west 208.7 feet, south 158.7 feet to the point of commencement.

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 R-2 (Mixed Residential) 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/ Enos Derbonne, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

Motion was made by Mr. Clement, seconded by Mrs. Griffin and carried unanimously that the request of the Division of Planning and Development be approved relative to a reversion of Zoning Case RZ07-032-94 (Mr. and Mrs. Roland Comeaux) to revert from C-2 (General Commercial) to A-1 (Agricultural) due to the fact that the auto sales business ceased at 1954 Berry Street in Ward Seven, Police Jury District 11; whereupon, the following ordinance was adopted: (On August 18, 1994, the Police Jury approved a rezoning request to allow an auto sales business, by virtue of the adoption of Ordinance No. 3751).

ORDINANCE NO. 4383

AN ORDINANCE repealing Ordinance No. 3571, adopted by the Police Jury on August 18, 1994, which rezoned the following property in Ward Seven, and owned by Mr. and Mrs. Roland Comeaux, in Zoning Case RZ07-032-94 from A-1 (Agricultural) to C-2 (General Commercial): Commencing at the Southwest Corner of the Northwest Quarter of the Southeast Quarter of Section 18, Township 10 South, Range 12 West, thence proceeding Easterly along the South line of said Northwest Quarter of the Southeast Quarter a distance of 283.45 feet, thence proceeding Northerly parallel to the West line of the said Northwest Quarter of the Southeast Quarter a distance of 75 feet, thence Westerly a distance of 283.45 feet more or less to a point on the West line of the said Northwest Quarter of the Southeast Quarter which is 100 feet North of the commencement point, thence South along the West line of the said Northwest Quarter of the Southeast Quarter a distance of 100 feet to the point of commencement, together with all buildings and other improvements situated thereon.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20^th day of June, 2002, that Ordinance No. 3571, adopted by the Police Jury on August 18, 1994, is hereby repealed and declared to be null and void and of no effect.

BE IT FURTHER ORDAINED that the following described property is hereby classified as A-1 (Agricultural): Commencing at the Southwest Corner of the Northwest Quarter of the Southeast Quarter of Section 18, Township 10 South, Range 12 West, thence proceeding Easterly along the South line of said Northwest Quarter of the Southeast Quarter a distance of 283.45 feet, thence proceeding Northerly parallel to the West line of the said Northwest Quarter of the Southeast Quarter a distance of 75 feet, thence Westerly a distance of 283.45 feet more or less to a point on the West line of the said Northwest Quarter of the Southeast Quarter which is 100 feet North of the commencement point, thence South along the West line of the said Northwest Quarter of the Southeast Quarter a distance of 100 feet to the point of commencement, together with all buildings and other improvements situated thereon.

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/ Enos Derbonne, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Mr. Henry Misse to clear, grub, grade and deposit fill and/or aggregate material to construct a 33-lot residential subdivision (Sandia West, Phase I) to include utilities and drainage infrastructure for commercial sale. Approximately 22,475 cubic yards of on-site earthen fill material and an additional 8,300 cubic yards of hauled in fill and aggregate shall be utilized in project construction to achieve required grade elevations. The proposed project is situated on an approximately 26.58-acre tract and would impact approximately 13.29 acres of forested wetlands. Said project is located in Carlyss, Section 8, Township 10 South, Range 10 West, on the north side of Currie Drive, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Henry Misse 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 20^th day of June, 2002, that it does hereby indicate no objection to the proposal of Mr. Henry Misse to clear, grub, grade and deposit fill and/or aggregate material to construct a 33-lot residential subdivision (Sandia West, Phase I) to include utilities and drainage infrastructure for commercial sale. Approximately 22,475 cubic yards of on-site earthen fill material and an additional 8,300 cubic yards of hauled in fill and aggregate shall be utilized in project construction to achieve required grade elevations. The proposed project is situated on an approximately 26.58-acre tract and would impact approximately 13.29 acres of forested wetlands. Said project is located in Carlyss, Section 8, Township 10 South, Range 10 West, on the north side of Currie Drive, 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.

BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the 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.

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

It was moved by Mr. Clement, seconded by Mrs. August and carried unanimously to adopt the following resolution:

RESOLUTION

WHEREAS, the Calcasieu Parish Police Jury, on behalf of Gravity Drainage District No. Five of Ward Four, was awarded a grant in the amount of $15,875.00 to dredge a portion of a waterway in the Moss Lake area, but due to cost constraints, the project was not feasible.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of June, 2002, that it does hereby authorize the reallocation of the rural development grant in the amount of $15,875.00 to be used for a similar drainage project in Back Bay Subdivision within Gravity Drainage District No. Five of Ward Four.

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Mr. Manuel and seconded by Mr. Andrepont that the Ambulance Regulatory Committee Report dated June 18, 2002, and all recommendations contained therein, be approved as follows:

AMBULANCE REGULATORY COMMITTEE REPORT

June 18, 2002

A meeting of the Ambulance Regulatory Committee was held at 4:00 p.m. on Tuesday, June 18, 2002, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with Mr. Don Manuel, Chairman, presiding and the following members present:

Mrs. Luvertha August, Mr. Chris Landry, Dr. Charles S. Mackey, D.D.S., Mrs. Sandy Treme, and Mr. Enos Derbonne

Absent: None

Also present were Mr. Cornie Moon, Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Ms. Kathy Criglow, Mr. Richard Gremillion, and Mr. Allen Smith.

Said Committee:

(1) Discussed options for ambulance ordinance development in light of the recent consolidation of Acadian Ambulance and Med Express Ambulance, and recommended the adoption of an ordinance amending the Calcasieu Parish Code of Ordinances with respect to ambulance service in the Parish.

(2) Recommended that the proposed ordinance, if adopted by the Police Jury at its regular meeting on June 20, 2002, be made effective thirty (30) days from the date of approval to allow the staff time to comply with provisions called for in the ordinance.

(3) Recommended that the Police Jury approve the issuance of permits to the current ambulance providers in the Parish, effective with this ordinance, to replace the current extension that exists through December 31, 2002.

(4) Recommended that the Committee enact a moratorium on new permits until implementation of this ordinance is effective.

(5) Recommended that ambulance providers be given a six-month period to acquire and implement an AVL (automated vehicle locator) system as required in the ordinance.

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

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

Mr. Manuel stated that the Committee had been successful in coming up with an ordinance that incorporated everything that had been discussed over the past years as being needed, i.e., response times and adherence to them, patient quality care, an ambulance tracking system, etc. He stated that a copy of the proposed ordinance had been faxed to all of the jurors, to which Mr. Danahay stated that he had only received his copy on this date, and while he knew the Committee had done a wonderful job on the ordinance, he would appreciate having more time to look over an ordinance such as this prior to voting on it, if at all possible.

Mr. Beam pointed out that there were a few minor amendments to the ordinance which had been drawn up subsequent to the Ambulance Regulatory Committee meeting on June 18, 2002, and which were outlined in an attachment to the agenda. Mr. Manuel amended his earlier motion to include these amendments to the ordinance, and Mr. Andrepont who seconded the original motion, accepted the amendment to the motion.

Mr. Kleckley asked how enforcement of the response time would work, to which Mr. Beam explained that it would be based on a monthly report of individual calls to be supplied by the ambulance providers to the Office of Emergency Preparedness (OEP) for review, and they had to meet the required response time on 90% of their calls. Mr. Beam stated that a schedule of fines still had to be set and approved by the Police Jury but that the ordinance would not become effective for thirty days after adoption in order to accomplish that and some other things that needed to be handled. Mr. Beam pointed out that the proposed ordinance was not a sole provider ordinance and would apply to West Calcasieu-Cameron Hospital also.

In answer to a question by Mrs. August, Mr. Beam explained that the OEP could verify when calls were received for an ambulance through the 911 system. He further explained that any complaints from citizens should be directed to the OEP for investigation.

Mrs. Griffin asked for guidance insofar as what to tell her constituents to make them feel comfortable that under a sole provider system, they would be given the same quality of services that they were previously getting, and more particularly, to make them feel that they were not being left out because they lived in North Lake Charles. Mr. Beam stated that he would tell them that they would be receiving better service with the new standards and enforcement authority.

Mrs. Griffin asked if there would be an increase in the number of ambulances in the Parish, to which Mr. Beam responded that the ordinance was not designed to determine how many ambulances would be operating in the Parish, but each provider had to meet certain response times and standards and if they did not, they would have to do whatever was necessary to comply. Mrs. Griffin asked who would enforce that, and Mr. Beam reiterated the fact that the OEP would be responsible for enforcing compliance with response times set forth in the ordinance.

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

ORDINANCE NO. 4383-A

AN ORDINANCE amending Chapter 15 - Licenses and Miscellaneous Business Regulations, Article V. Private Ambulances, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of June, 2002, that it does hereby amend Chapter 15 - Licenses and Miscellaneous Business Regulations, Article V. Private Ambulances, of the Code of Ordinances of Calcasieu Parish, Louisiana, in its entirety as follows:

SECTION I. Section 15-121. Definitions.

Advanced life support (ALS). Advanced level of pre-hospital, interhospital, and emergency service care rendered by personnel certified at the EMT-Basic and EMT-Paramedic level working under direct orders from physicians at a resource hospital.

Ambulance. Any authorized emergency vehicle, equipped with warning devices, designed and operated as a part of a regular course of conduct or business to transport a sick or injured individual or which is advertised or otherwise held out to the public as such. "Ambulance" shall not mean a hearse or other funeral home vehicle utilized for the transportation of the dead.

Air ambulance. Any rotor winged aircraft designed and operated as a part of a regular course of conduct or business to transport a sick or injured individual or which is advertised or otherwise held out to the public as such.

Bureau. The Department of Health and Hospitals, Office of Public Health, Bureau of Emergency Medical Services.

Certified emergency medical technician. An individual who is certified as any one of the following:

(a) A certified emergency medical technician-basic.

(b) A certified emergency medical technician-intermediate.

Certified emergency medical technician-basic. An individual who has successfully completed an emergency medical technician-basic training program developed and promulgated by the United States Department of Transportation and adopted by the Bureau, who is nationally registered, and who is certified by the Bureau.

Certified emergency medical technician-intermediate. Any individual who has successfully completed an emergency medical technician-intermediate training program developed and promulgated by the United States Department of Transportation and adopted by the Bureau, who is nationally registered, and who is certified by the Bureau.

Certified emergency medical technician-paramedic. Any individual who has successfully completed an emergency medical technician-paramedic training program developed and promulgated by the United States Department of Transportation and adopted by the Bureau, who is nationally registered, and who is certified by the Bureau.

Communications District. Calcasieu Parish Public Safety Communications District (E-911).

Driver. Any person who drives an ambulance.

Emergency. An unforeseen condition of a pathophysiological or psychological nature in which a prudent layperson, possessing an average knowledge of health and medicine, would judge to require urgent and unscheduled medical attention.

Emergency medical personnel or emergency service person(s). Individuals who are certified first responders or certified emergency medical technicians.

Emergency medical response vehicle. A marked emergency vehicle with fully visual and audible warning signals operated by a certified ambulance service, the primary purpose of which is to respond to the scene of a medical emergency to provide emergency medical stabilization or support, or command, control, and communications, but which is not an ambulance designed or intended for the purpose of transporting a victim from the scene to a medical facility regardless of its designation. Included are such vehicles referred to but not limited to the designation as "sprint car", "quick response vehicle", "special response vehicle", "triage trucks", "staff cars", "supervisor units", and other similar designations. Emergency medical response vehicles shall not include fire apparatus and law enforcement patrol vehicles which carry first aid or emergency medical supplies and which respond to medical emergencies as part of their routine duties.

Emergency medical services or "EMS". A system that represents the combined efforts of several professionals and agencies to provide prehospital emergency care to the sick and injured.

Industrial ambulance. Any vehicle owned and operated by an industrial facility and used for transporting any employee who becomes sick, injured, or otherwise incapacitated in the course and scope of his employment from a job site to an appropriate medical facility.

Office of Emergency Preparedness (OEP). The Calcasieu Parish Police Jury Office of Emergency Preparedness.

Owner or operator. Any person who owns or controls an ambulance service, ground or air, for purposes of providing both emergency medical care and transportation.

Parish. The unincorporated areas of Calcasieu Parish as well as any municipalities within Calcasieu Parish adopting this ordinance through inter-local cooperation agreements.

Physician. A physician licensed to practice medicine by the Louisiana State Board of Medical Examiners.

Police Jury. Calcasieu Parish Police Jury.

Police Jury Ambulance Regulatory Committee. A standing committee of the Calcasieu Parish Police Jury.

Primary responder. The ambulance service provider with primary responsibility for emergency medical response as assigned by the Communications District for each ambulance call.

"PSAP". Public Safety Answering Point.

Quality Assurance Review Panel. Appointed body responsible for assisting the ambulance service enforcement authority in ensuring that ordinance provisions pertaining to medical protocols are being followed.

Response time. The time interval measurement of an ambulance service provider responding to an emergency.

SECTION II. Sec. 15-122. Permit Required.

No owner or operator of an ambulance service shall respond to any request for ambulance services originating within the Parish without first obtaining a permit from the Police Jury to operate an ambulance service.

No license, permit or certificate issued hereunder shall be assignable or transferable by the owner or operator to whom issued.

The provisions of this section shall not apply to industrial ambulances providing transportation from a job site to the nearest appropriate medical facility for employees who become sick or injured during the course of their employment.

SECTION III. Sec. 15-123. Application for Permit.

Applications for permits shall be made to the Police Jury upon forms prescribed by the Police Jury, and shall include:

(1) The name and address of the owner or operator of the ambulance, the address and phone number of the central place of business.

The trade name under which the applicant does or proposes to do business.

The address of the place or places from which such ambulance(s) is intended to operate in the Parish.

Financial statements, including balance sheets and profit and loss statements, for a period of not less than two (2) years or, in the case of an applicant for a permit who has not been providing ambulance service for a minimum of two (2) years, certified and audited financial statements, including balance sheets and profit and loss statements, and federal tax returns of the principals of such applicant, for a period of not less than two (2) years.

After the Police Jury has approved application, the applicant shall within 10 days of such approval be required to furnish a performance bond in an amount of one million ($1,000,000) dollars, written by a surety company licensed to do business in Louisiana with an A.M. Best Rating of "A" or better. The bond shall be countersigned by a person who is under contract with the surety company or bond issuer as an insurance agent in this State, and who is residing in this State.

The purpose of the performance bond is to insure faithful performance of each and every condition, stipulation, and requirement of this ordinance.

Any owner or operator who fails to secure the required performance bond will not be issued a permit until said bond is secured and filed with the Police Jury.

Proof of insurance in such form and in such amounts as required under Sec. 15-124.
Proof of accreditation by the Commission on Accreditation of Ambulance Services (CAAS), or demonstrated commitment of working toward accreditation.

A description of the ambulance(s), including the make, model, year of manufacture, mileage, Louisiana license number for the current year, motor and chassis number, records of ownership of same and a statement regarding the length of time the vehicle has been in use.

The applicant must demonstrate that its ambulances are equipped with radios and/or mobile data terminals to communicate with the system in place in the Parish including communications with the Communications District for the purpose of coordinating operations.

The applicant must purchase and maintain equipment compatible with the Communications District equipment necessary to receive automatic number identifications (ANI) and automatic location information (ALI) on calls transferred to the applicant via 911.

An annual permit fee (initial and renewals) of $2,000.00 to cover costs of processing the application, administrative costs of regulating such services including legal fees associated with permitting, enforcement and rate regulation. Permits are to be renewed on January 1st of each year.

SECTION IV. Sec. 15-124. Insurance Required.

(a) Before any permit is issued hereunder, the applicant must file with the Police Jury policies of general liability insurance, automobile liability insurance, workers' compensation insurance and medical legal liability insurance issued by an insurance company qualified to do business in the State of Louisiana, which shall contain the following conditions and stipulations and shall be approved as to form by the risk management department of the Police Jury:

(1) The term of such insurance policies shall be for a period of not less than one (1) year.

(2) The general liability and automobile liability insurance policies shall provide for limits of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate.

(3) The medical malpractice insurance policy(ies) shall provide limits of liability of not less than one million dollars ($1,000,000) per occurrence.

(4) The workers' compensation insurance policy(ies) shall provide coverage for statutory benefits up to an aggregate amount for any one claim in the amount of one million dollars ($1,000,000).

(5) Such policy shall, by its terms, provide that it may not be canceled except after thirty (30) days written notice thereof to the Police Jury.

(b) The permit of any owner or operator who fails to secure another policy of insurance prior to cancellation of an existing policy shall automatically and without notice of hearing be suspended until such time that a valid insurance policy has been filed with the Police Jury.

(c) Participation in the patient's compensation fund of the State of Louisiana shall be deemed to be medical legal liability insurance within the contemplation of this article.

(d) Any person who operates an ambulance without having such insurance in force shall be punished as hereinafter provided.

SECTION V. Sec. 15-125. Qualification for Permit.

In determining whether a permit shall be issued, the Police Jury shall give weight and due regard, among other things, to:

That the public convenience and necessity require the proposed additional ambulance service, as determined by the Police Jury after recommendation of the Police Jury Ambulance Regulatory Committee.

The financial ability of the applicant to respond to damages and the past experience in payment of applicant's costs of operation, judgments and satisfaction of claims, arising out of the operation of such vehicles; and applicant shall be required to furnish upon request a list of all items of litigation in which applicant is a defendant within twelve (12) months of filing for the permit.

The probable performance and quality of the service offered by the applicant.

(4) The experience that the applicant has had in the rendering of services in the Parish or elsewhere.

(5) The ability of an applicant to provide air ambulance services by rotor wing helicopter in accordance with the provisions of Section 15-126.

Such other information as the Police Jury shall find reasonably necessary to make a fair determination of whether the provisions of this ordinance have been complied with.

That all requirements of this article and all other applicable laws and ordinances have been complied with.

(b) Upon finding that a permit shall be issued, the Police Jury shall issue to the applicant a permit authorizing the owner or operator of an ambulance service to operate within the Parish.

SECTION VI. Sec. 15-126. Availability of services required.

Any owner or operator of an ambulance service must provide the following:

(1) Proof of the establishment and maintenance of a bonafide office in the Parish from which the service is offered, and availability to serve all areas of the Parish subject to Sec. 15-136 of this ordinance.

(2) Emergency ambulance response with Advanced Life Support (ALS) capabilities, with vehicles staffed twenty-four (24) hours each day, seven (7) days a week with a minimum of one emergency medical technician-paramedic and an emergency medical technician-basic.

(3) Air ambulance service by rotor wing helicopter, based in the Parish. The air ambulance service shall include full-time access to a rotor wing helicopter medically configured in accordance with state regulations which is capable of providing for the transportation of patients at the direction of a physician, a medical facility or an emergency responder. The full-time access requirement is satisfied when there is a minimum of one (1) crew on duty at the location of dispatch of the air ambulance or on call with a response time of fifteen (15) minutes or less on a routine basis. Any air ambulance utilized for such purposes shall be licensed by the State of Louisiana. Revocation of such license by the State of Louisiana shall be grounds for termination or suspension of the permit issued to any person under the provisions of this ordinance.

(4) An Automated Vehicle Locator (AVL) system capable of determining the closest ambulance it has available to respond to an emergency ambulance call, with each dispatch to go to the closest ambulance for each call received.

SECTION VII. Sec. 15-127. Operational and equipment requirements.

Licensure: No owner or operator shall conduct, manage, operate, or maintain an ambulance service in the Parish without a valid current license from the Louisiana Department of Health and Hospitals in accordance with the requirements stipulated in LSA R.S. 40:1235.2.

Qualifications of emergency medical personnel: Any emergency medical personnel providing services in any capacity on any ambulance or emergency response vehicle in the Parish must meet the requirements set forth under LSA R.S. 40:1234, 1235, and 1235.1.

Standards for ambulance equipment: Any owner or operator of an ambulance service in the Parish must carry with it as part of its equipment the list of equipment for emergency ambulances as prescribed in rules and regulations promulgated by the Louisiana Department of Health and Hospitals in accordance with LSA R.S. 40:1235.1 (B).

Standards for ambulance drivers: Any person driving an ambulance, and any ambulance service owner or operator in the Parish must meet the driver requirements set forth under LSA R.S. 40:1235.

Standards for mechanical operation of emergency ambulance vehicles: All emergency ambulances operating in the Parish must be certified to be in proper mechanical condition in accordance with LSA R.S. 40:1235.1 (B)(3).

Drug testing program: Any owner or operator of an ambulance service must maintain a drug testing program for its emergency medical personnel and other employees which requires the following: pre-employment testing, random testing, reasonable suspicion, and post-accident testing. Procedures to be used shall meet standards as defined under Federal Motor Carrier Safety Regulations, Part 40: Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

SECTION VIII. Sec. 15-128. Ambulance service performance standards.

(a) Medical Protocols: Any owner or operator of an ambulance service shall follow medical protocols for the treatment of patients as established by the Office of Emergency Preparedness in consultation with the Quality Assurance Review Panel and other local medical providers. These medical protocols shall govern ambulance service for both ground and air and for selecting a destination hospital in life-threatening incidents, and in non-life threatening incidents wherein the patient expresses no hospital preference.

Response time standards: Any owner or operator of an ambulance service shall adhere to response time standards for defined zones as set by the Police Jury upon recommendation from the Office of Emergency Preparedness utilizing guidelines established by the American Ambulance Association for fractile performance measures for high performance emergency medical services systems. Ambulance providers shall be required to respond, at least ninety percent (90%) of the time, to a medical emergency scene within the time limits listed below from the time of receiving notification. These zones shall be defined in the form of a Response Time Zone Map, to be updated as necessary.

Urban Zone: Less than or equal to eight (8) minutes.

Suburban Zone: Less than or equal to twelve (12) minutes.

Rural Zone: Less than or equal to twenty (20) minutes.

SECTION IX. Sec. 15-129. Responding to emergencies.

(a) The Communications District shall be designated as the primary Public Safety Answering Point (PSAP) and dispatch for all emergency medical service calls in the Parish.

(b) Upon receiving notification of the need for an ambulance, the Communications District shall designate an appropriate primary responder ambulance provider that shall become responsible for the transportation of the patient(s) from the scene of an emergency to an appropriate medical facility.

(c) No emergency medical response vehicle will utilize flashing lights, sirens or similar devices en route to any emergency located on a public thoroughfare or property customarily open to the public or which would require the involvement or investigation by any public safety agency unless the Communications District has designated that ambulance provider to be the primary responder responsible for the transportation of the patients from the scene of the emergency to an appropriate medical facility. This subsection shall not apply to emergency calls that are received directly by an ambulance provider.

(d) Any ambulance provider which responds to or arrives at the scene of a medical emergency for which the Communications District has not designated it the primary responder responsible, shall provide the emergency medical care necessary to sustain and stabilize the patient until the arrival of the designated ambulance provider. A non-designated ambulance provider will not transport a patient from the scene of a medical emergency except under the following circumstances:

(1) The patient's condition is life-threatening or otherwise subject to rapid and significant deterioration, and

There is clear indication that, in view of the estimated time of arrival of the designated ambulance, the patient's condition warrants immediate transportation.

SECTION X. Sec. 15-130. Daily logs and records.

(a) Each owner or operator who is granted an ambulance permit by the Parish shall maintain a response time report upon which shall be recorded the date, time of service request, point and time of dispatch, time of arrival at patient location, and total response time. In addition, all of the aforementioned information shall be recorded by electronic device in real time. Each owner or operator shall provide the Parish with a copy of its response time report on a monthly basis due by the 10th of each month. Each owner or operator shall retain and preserve all time reports and recordings for at least twelve (12) months, and such reports and recordings shall be available for inspection by the Parish.

(b) Each owner or operator who is granted an ambulance permit by the Parish shall keep accurate records of the receipts and expenses from operations. Each owner or operator shall maintain such records at a place readily accessible for examination by the Parish.

SECTION XI. Sec. 15-131. Enforcement Authority.

(a) The Calcasieu Parish Police Jury Office of Emergency Preparedness (OEP) is hereby given authority to promulgate such reasonable rules and procedures as may be necessary to enforce the provisions of this ordinance.

(b) To provide advisory assistance to the OEP for enforcement of this ordinance, the Police Jury shall establish a Quality Assurance Review Panel, which shall include, but not be limited to, representation from the following groups: the Communications District, Board Certified emergency room physicians, emergency nurses, fire services and law enforcement. No person on the panel shall be affiliated with any ambulance service provider operating in the Parish.

All appointments to the Quality Assurance Review Panel shall be made by the Police Jury. The Police Jury shall establish by-laws for the panel which specify the panel's responsibilities, membership, and other matters deemed necessary.

The Quality Assurance Review Panel shall have the following general responsibilities:

For quality assurance, review on a periodic basis the medical protocols utilized by ambulance service providers, and review protocols on a random basis as determined by the OEP.

Upon request of the OEP, provide advisory assistance on compliance matters and complaints filed regarding ambulance service provision within the Parish.

SECTION XII. Sec. 15-132. Inspection of ambulances.

The Office of Emergency Preparedness shall inspect ambulances for adherence to operational and equipment requirements in accordance with Section 15-127 of this ordinance. The OEP shall inspect each ambulance annually for compliance in these areas, and randomly at its discretion. Inspections will be conducted in a manner so as not to interfere with patient care.

SECTION XIII. Sec. 15-133. Denial, suspension and revocation.

(a) Each owner or operator permitted under this ordinance shall comply with the provisions hereof and with all local, state and federal laws. Failure to do so may result in the Police Jury suspending or revoking the permit.

(b) The Police Jury shall have the sole discretion to deny any application for permit if, following appropriate notice and hearing thereof, it is determined that the applicant does not possess the necessary qualifications for such a permit.

(c) Consideration of suspension or revocation of an existing permit must be brought by the OEP to the Police Jury's Ambulance Regulatory Committee at a scheduled hearing, at which the permitted ambulance service provider is given the opportunity to be present. The Ambulance Regulatory Committee, after said hearing, shall make a recommendation to the full Police Jury regarding the permit suspension.

The Police Jury, upon recommendation from the Police Jury's Ambulance Regulatory Committee, may suspend or revoke any permit issued under this ordinance when it appears that one or more of the following conditions are met:

The permit holder has failed or refused to comply with provision of this ordinance;

The permit holder has refused or failed to render the full service authorized by his permit;

The permit holder has been finally convicted of a felony or other offense involving moral turpitude;

The permit holder has persisted in permitting his vehicles to be operated in violation of any law;

The permit was obtained by an application in which any material fact was intentionally omitted or falsely stated;

The permit holder has charged excessive rates or membership fees;

The permit holder or his agent in bad faith induced or sought to induce a change of destination to or from a hospital or other place specified by the person hiring the ambulance;

The permit holder or his agent has been guilty of willfully operating his service in a negligent manner;

The permit holder has allowed his insurance, as required herein, to be cancelled, withdrawn or terminated;

The permit holder has allowed any of his vehicles or equipment to become damaged, deteriorated, or unclean to the extent that it is unsatisfactory for public use;

The permit holder fails to show financial responsibility to maintain services in compliance with the terms hereof;

The permit holder has knowingly allowed uncertified (whether temporary or permanent) emergency medical personnel to provide emergency medical care to any person who has contracted with the permit holder for such treatment while the uncertified emergency medical personnel is in the employment of the permit holder; or