June 5, 2003

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, June 5, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chuck Kleckley, President, presiding, and the following members present:

Mesdames Luvertha August, Elizabeth Conway Griffin, and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornelius “Cornie” Moon

Absent: Algie Breaux (ill)

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

President Kleckley called the meeting to order. The invocation was pronounced by Reverend James Lueckenhoff of Saint Michael and All Angels Episcopal Church which was followed by the Pledge of Allegiance led by Mr. Moon. The roll was called with the result being as outlined above.

President Kleckley welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.

President Kleckley advised that bids would be received and opened at this time, in accordance with law for action to be taken at 5:30 p.m., for an oil, gas, and mineral lease on all roads and/or streets in Wavelyn Heights Subdivision, Lincoln Heights Subdivision, and Lincoln Heights Subdivision No. Two located in Ward Four of Calcasieu Parish (Police Jury District 14).

Mr. McMurry then proceeded to open the only bid received from Angelle and Donahue representing Mayne and Mertz, Inc., the details of which were outlined in the following resolution adopted upon motion made by Mr. Danahay, duly seconded by Mr. McMillin and carried unanimously:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5th day of June, 2003, that it does hereby accept the bid of Mayne and Mertz, Inc. for a mineral lease on the following described property, to-wit:

PORTION NO. 1: Those certain tracts or parcels of land containing 1.517 Acres, more or less, situated in the Southeast Quarter of the Northeast Quarter (SE/4 of the NE/4) and the North Half of the Southeast Quarter (N/2 of the SE/4) of Section 21, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana, said tracts being further described as those certain roads identified as Madison Street, Merlin Street and Cynthia Street as shown on plat of survey entitled Wavelyn Heights Subdivision dated April 17, 1954, prepared by Fred N. Shuttes and recorded at Plat Book 7, Page 160, of the official records of Calcasieu Parish, Louisiana.

PORTION NO. 2: Those portions of Rigmaiden Avenue, Fifth Avenue, Fourth Avenue, Third Avenue, and Lincoln Avenue within Lincoln Heights Subdivision, situated in Section 28, Township 9 South, Range 9 West, being more fully described as follows:

Beginning at a point having Coordinates of X = 1,379,500.00 and Y = 581,600.00;

thence East 1,300.00 feet to a point having Coordinates of X = 1,380,800.00 and Y = 581,600.00;

thence South 1,000.00 feet to a point having Coordinates of X = 1,380,800.00 and Y = 580,600.00;

thence West 1,300.00 feet to a point having Coordinates of X = 1,379,500.00 and Y = 580,600.00;

thence North 1,000.00 feet to the beginning, containing approximately 5.52 Acres.

All bearings, distances and coordinates used herein refer to the Louisiana Coordinate System of 1927 (South Zone).

All tracts or parcels of land totaling 7.037 acres, more or less.

for a three-year lease with a cash bonus of One Thousand Seven Hundred Fifty Nine and 25/100 ($1,759.25) and an annual rental of One Thousand seven Hundred Fifty Nine and 25/100 ($1,759.25) and with the Calcasieu Parish Police Jury to receive 22.5% of all oil produced and saved or utilized, 22.5% of all gas produced and saved or utilized, 22.5% of all sulphur produced and saved, and 22.5% of all other liquid or gaseous hydrocarbon minerals produced and saved.

BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute the necessary lease contract to consummate this transaction.

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

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It was moved by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously to approve the following applications for liquor and beer permits:

WARD III

Jason Anthony Chapman d/b/a

THE FOXY LADY LOUNGE

5122 Hwy 90 East

Lake Charles, LA 70615 Liquor & Beer 135.00

(Calvin Collins’ District)

WARD VIII

Patsy Kelley Parker d/b/a

PATSY’S PLACE

2082 Pujol Road

Lake Charles, LA 70615 Liquor & Beer 135.00

(Calvin Collins’ District)

TOTAL REMITTANCE: $270.00

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

Motion was made by Mrs. August, seconded by Dr. Mackey and carried unanimously that the minutes of the regular meeting of the Police Jury dated May 1, 2003, be approved.

It was moved by Mrs. Griffin, seconded by Mrs. August and carried unanimously to approve the Agenda Committee Report dated May 29, 2003, as follows:

AGENDA COMMITTEE REPORT

May 29, 2003

A meeting of the Agenda Committee was held on Thursday, May 29, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Hal McMillin, 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, Mr. Don Manuel, Dr. Charles S. Mackey, Mr. Cornie Moon, and Mrs. Sandra Treme

Absent: Mr. Algie Breaux (ill)

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Andy Johnson, Mr. Jerry Milner, Mr. Claude Smart, Mrs. Kathy P. Smith, and Mr. Jim Vickers.

Chairman McMillin 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 June 5, 2003.

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

Consideration of directing the staff of the Division of Engineering and Public Works to determine the feasibility of reducing the speed limit on Tomahawk Drive in Ward One from 35-mph to 25-mph (Police Jury District 1), with a recommendation to be given thereon at the next meeting of the Public Works Committee. (Mr. Manuel)

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

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

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Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the Ways and Means Committee Report dated May 29, 2003, was approved as follows:

WAYS AND MEANS COMMITTEE REPORT

May 29, 2003

A meeting of the Ways and Means Committee was held on Thursday, May 29, 2003, at 5:30 p.m. in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Cornelius “Cornie” Moon, Chairman, presiding, and the following members present:

Absent: Mr. Algie Breaux (ill)

Said Committee:

(1) Received report from staff regarding the Request-for-Proposals solicitation for the Muller’s Building.

(2) Received presentation from FPL, LLC on its proposal to redevelop the Muller’s building. Appearing before the Committee were Mr. Roger Landry, owner of FLP, LLC; Mr. Craig Taylor, financial consultant for the project; and Mr. Andy Rutledge, architect. The Committee recommended that a resolution be adopted to authorize entering into an agreement to sell the Muller’s property for $100,000 to FPL, LLC for redevelopment of the property in accordance with FPL’s response to the Police Jury’s Request-for-Proposals solicitation, and with State law, subject to approval of FPL’s proposal by the Lake Charles Downtown Development Authority.

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

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Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that Recommendation No. 1 of the Ways and Means Committee as stated heretofore be approved.

Mr. Adley J. Cormier, 631 Sixth Street, Lake Charles, appeared before the Police Jury with reference to the foregoing recommendation and on behalf of the Calcasieu Preservation Society, he encouraged the Police Jury to support the proposal of FPL, LLC because he felt it was a positive move for the downtown area and for historical preservation.

Mr. Michael Tremont, Chairman of the Downtown Development Authority, 508 Pujo Street, Lake Charles, appeared before the Police Jury and stated that said Authority had met on Monday, June 2, 2003, and had adopted by a unanimous vote a resolution asking the Police Jury to support the redevelopment proposal submitted by FPL, LLC. Mr. Tremont further stated that for three years, the Authority had worked on a strategic plan that incorporated everything from security to economic development, and the members felt that the plan submitted by FPL, LLC for development of the Mullers Building was in line with said strategic plan which encouraged the 24-hour community the Authority was trying to develop.

Mr. Tremont introduced Ms. Lori Marinovich, a member of the Downtown Development Authority, who was also present at the meeting.

Motion was made by Mr. Andrepont and seconded by Dr. Mackey to approve Recommendation No. 2 of the Ways and Means Committee as stated heretofore.

Ms. Mary Morris, 2345 See Street, Lake Charles, appeared before the Police Jury and stated that there were various questions that should be answered before approval such as: (1) was CDBG (Community Development Block Grant) funding a part of the plan, (2) would local contractors be a part of the development, (3) how would the African American community benefit, and (4) how would the building be managed, i.e., would it be under the Housing Authority.

President Kleckley stated that Mrs. Griffin had asked the same types of questions at a meeting of members of the Parish’s Economic Development Study Team, and said questions had been adequately answered by the representatives of FPL, LLC, but he asked Mr. Beam to address the questions raised by Ms. Morris.

Mr. Beam stated that the developers fully intended to use local contractors and that the financing would not involve CDBG funds. He further stated that upon completion, the development would be managed by Lake Charles Property Management.

Dr. Mackey stated that the Government Access Channel (Channel 63 on Cox Cable television network) would probably air the entire presentation which was made by FPL, LLC at the Ways and Means Committee meeting, and he suggested that Ms. Morris contact the Police Jury offices to see what date it would be aired.

Ms. Morris stated that unless it was outlined in the proposal how they would go about getting African American contractors, it would not happen. In answer to her question, Mr. Beam stated that the development would not be Section 8 Housing.

Mr. Landry pointed out that the developer would probably go with the contractor that gave them the best deal, whether they were African American or not, and that is what he would do.

Mr. Andrepont suggested that a copy of the proposal submitted by FPL, LLC be made available to Ms. Morris, and Mr. Beam stated that a copy would be made for her.

Mrs. Griffin advised that when the proposal was first presented to the jurors, she had asked the same thing as Ms. Morris was asking but that the funding of the development would not mandate the hiring of African American contractors. She pointed out that the developer had assured her, however, that he would hire local workers on the project.

A vote was then taken on the motion on the floor to approve Recommendation No. 2 of the Ways and Means Committee, and said 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 5^th day of June, 2003, that it does hereby enter into an agreement to sell the Mullers property for $100,000 to FPL, LLC for redevelopment of the property in accordance with FPL’s response to the Police Jury’s Request-for-Proposals solicitation and with state law, subject to approval of FPL’s proposal by the Lake Charles Downtown Development Authority.

BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.

THUS PASSED AND ADOPTED on this, the 5^th day of June, 2003.

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It was moved by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously to approve the Public Works Committee Report dated May 29, 2003, as follows:

PUBLIC WORKS COMMITTEE REPORT

May 29, 2003

______________________________________

A meeting of the Public Works Committee was held on Thursday, May 29, 2003, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Chris Landry, 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. Don Manuel, Dr. Charles S. Mackey, Mr. Hal McMillin, Mr. Cornelius Moon, and Mrs. Sandra J. Treme

Absent: Mr. Algie Breaux (ill)

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs Coleen Clark, Mrs. Cheryl Heisser, Mr. Andy Johnson, Mr. Jerry Milner, Mr. Claude Smart, Mrs. Kathy P. Smith, and Mr. Jim Vickers.

Said Committee:

(1) Recommended that the report presented by Mr. Rick Norman, attorney at law representing Texas Timber Jack Company, and Mr. Raymond Davis, a partner with said company, with reference to the Highway 108 extension, be received. Mr. Davis proposed that he build a road through his company’s property, the costs of which would be reimbursed by the Parish, which he said would keep the company from being landlocked as a result of the closure of Racca Road and would provide another means of ingress/egress for the residents of Stegall Road.

(2) Recommended that an item be deleted from the Public Works Committee Agenda relative to the appearance of Mr. Joe Palermo, Jr. with reference to subdivision issues due to the fact that Mr. Palermo was not present at the meeting.

(3) Received a presentation from Mr. Dick Gremillion, Director of the Office of Emergency Preparedness, regarding Homeland Security which he said was being done in Louisiana on a regional concept whereby the offices of emergency preparedness throughout the state would be renamed, i.e. Calcasieu Parish Office of Homeland Security and Emergency Preparedness, with Calcasieu Parish being in Region 5 (along with Allen, Beauregard, Cameron, and Jefferson Davis parishes), and with Mr. Gremillion having been appointed the Region 5 Coordinator.

(4) Received report and update from the Planning Staff relative to comments and input received on the proposed sewerage ordinance initially presented in February, 2003. The general consensus of the Committee was that there was a need for informational and educational programs, meetings, and literature so that the public would be aware of the options available to them, and the requirements being placed on them, for proper sewerage disposal, as well as a need for public input on the ordinance itself. It was pointed out that passage of the ordinance would make Calcasieu Parish the first parish in the State to implement a complaint-driven inspection system which would alleviate the necessity of the public having to go through the State Health Department with sewerage problems/complaints. (President Kleckley)

(5) Recommended that existing ordinances be amended and/or ordinances be adopted with reference to the following:

(5.1) cancel 35 mph on Gordon Dennison Road in Ward Eight (Police Jury District 2)

(5.2) establish 45 mph on Gordon Dennison Road, from Hecker Road to Outback Lane, in Ward Eight (Police Jury District 2)

(5.3) establish 35 mph on Gordon Dennison Road, from Outback Lane to Jeff Davis Parish Line, in Ward Eight (Police Jury District 2)

(5.4) establish 25 mph on Straley Street in Ward Four (Police Jury District 14)

(6) Recommended that an ordinance be adopted amending the Calcasieu Parish Master Private Road List to include the following private roads:

Ward 1Unnamed Road off Ribbeck Road (2575)

Ward 4Unnamed Road Ext off Unnamed Road off Carlyss Drive (4638)

[Mr. Vickers pointed out that with reference to the unnamed road extension off of the unnamed road off Carlyss Drive (4638) as stated above, the developer was obligated to pay for the entirety of that particular portion of road.]

(7) Recommended that existing ordinances be amended and/or ordinances be adopted to allow animals in a restricted area on the northeast section of LaFleur Park (I-210 Beach), with the restricted area to be appropriately signed and marked.

(8) Recommended that the Division of Engineering and Public Works staff be instructed to draft, for presentation to the Police Jury, a set of policies and procedures providing for limited commercial and/or promotional activities to be held at parish parks and boat launches.

(9) Recommended that the President of the Police Jury be authorized to execute the necessary documents for acquisition of right-of-way from George Raymond McFatter, et ux, on Highline Road in Ward One (Calcasieu Parish Project No. 2003-06).

(10) Recommended that a resolution be adopted authorizing the expropriation of property from Virgil Lewis on Highline Road project in Ward One (Calcasieu Parish Project No. 2003-06) as follows: Commencing at the Northeast corner of the Northwest Quarter of the Northeast Quarter of Section 34, Township 8 South, Range 8 West, in Calcasieu Parish, Louisiana, thence S 0° 11' 08" E along the East line of said Northwest Quarter of Northeast Quarter a distance of 30.0 feet to the South Right of Way line of Goos Road, thence S 88° 40' 44" W along said South Right of Way line a distance of 73.76 the point of beginning, thence S 50° 21' 27" W along the East Right of Way line of Goos Road a distance of 173.41 feet, thence S 0° 11' 08" E a distance of 25.9 feet, thence N 50° 21' 27" E a distance of 26.01 feet, thence N 43° 27' 09" E a distance of 166.36 feet to point of beginning. Contains 0.046 acres more or less.

(11) Recommended that a resolution be adopted authorizing the expropriation of property from Jerry Gossett Smith and Jean Smith East Burrow or current owner on Nelson Road in Ward Three (Calcasieu Parish Project No. 1999-07) as follows: Commencing at the Northwest corner of the Southwest Quarter of the Northwest Quarter of Section 25, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana, thence S 0° 54' 14" W along the West line of said Southwest Quarter of Northwest Quarter a distance of 350.0 feet, thence East a distance of 30.0 feet to the East Right of Way line of Nelson Road and point of beginning, thence S 0° 54' 14" W along said East Right of Way line a distance of 991.76 feet more or less to the South line of said Southwest Quarter of Northwest Quarter, thence East along said South line a distance of 28.38 feet to the beginning of a non tangent curve that is concave to the West that has a radius of 22963.31 feet, a central angle of 1° 13' 12" and a chord bearing of N 0° 23' 07" W, thence Northerly along said curve a distance of 488.95 feet, thence N 0° 59' 43" W a distance of 103.0 feet to the beginning of a curve concave to the East that has a radius of 22873.31 feet and a central angle of 1° 00' 06", thence Northerly along said curve a distance of 399.90 feet, thence West a distance of 4.2 feet to point of beginning. Contains 0.39 acres more or less.

(12) Recommended that a Joint Services Agreement be approved between the Police Jury and Ward Six Fire Protection District No. One to expand an existing driveway and parking lots at Ward Six Fire Stations One and Two (Police Jury District 11) whereby the Police Jury will provide the equipment for said project at an approximate cost of $15,360.00, and the Ward Six Fire District will reimburse the Police Jury for the cost of labor, materials, and fuel at an approximate cost of $23,535.54. (These two fire stations are also used as voting precincts.)

(13) Recommended that a resolution be adopted approving an agreement between the Police Jury and Colonial Pipeline Company for the Nelson Road Project (Calcasieu Parish Project No. 1999-07) whereby the Parish will develop and install siphon flow drain basins to meet the project’s drainage needs and prevent the necessity of relocating Colonial’s two pipelines, and Colonial Pipeline will bear the expenses of all adjustments to its pipeline necessary to facilitate the Parish’s project.

(14) Recommended that Calcasieu Parish Project No. 2002-05 be accepted as substantially complete (Ward 1: Beau Avenue, Cypress Lake Drive, Donna Drive, Fruge Road, Gateway Drive, Josh Street, Melanie Avenue and South Donna Drive; Ward 5: Berry Street A, Berry Street B, Evangeline Highway, First Street, Second Street, Third Street, Fourth Street, and Old River Road, Susie Street, and Green Moore Road Patching; Ward 6: Bill Phillips Road and Royer Loop; Ward 8: Gordon Dennison Road, Hardee Road, Hungerford Road A and Hungerford Road B).

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Motion was made by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously that Recommendation Nos. 1 and 2 of the Public Works Committee as outlined heretofore be approved.

It was moved by Mrs. Griffin, seconded by Mr. Manuel and carried unanimously to approve Recommendation No. 3 of the Public Works Committee.

Motion was made by Mr. Landry to approve Recommendation No. 4 of the Public Works Committee as outlined heretofore, and further, to adopt the proposed sewerage ordinance along with three staff recommendations which he asked Mr. Vickers to read aloud as follows: (1) that all proposed subdivisions that had received preliminary approval from the Planning and Zoning Board be exempted from minimum lot frontage requirements, (2) that the Police Jury allow for 90 days lead time, which would make the effective date September 1, 2003, to allow for adequate preparation such as the hiring of an inspector, the purchase of necessary equipment and the receipt of pricing on repairs, parts, pump-outs, etc., and (3) that the Police Jury authorize amendments to the Zoning Ordinance and the Subdivision Ordinance to reflect the changes in minimum lot frontage requirements.

The motion on the floor was then seconded by Mrs. August.

Mrs. Griffin asked if the jurors’ concerns had been addressed in the final draft of the ordinance, and Mr. Vickers stated that one of the concerns was public education and that another concern was one expressed by Mr. Clement about retrofitting a part on the sampling stations on the older units. Mr. Vickers advised that the staff was still working on Mr. Clement’s concern and that it would be made effective with the effective date of the tagging system, January of 2005.

Mrs. Treme stated that she was not against the ordinance and that its adoption was inevitable, but she asked that public awareness efforts be done prior to adoption of the ordinance instead of the other way around. She further stated that the citizens were going to feel that more constraints were being placed on them before they even knew what was happening.

Mrs. Treme pointed out that this was the result of a federal mandate relating to storm water discharge and that apparently the Parish was trying to handle the mandate on behalf of the State. She stated that she knew the Parish had a problem and that the issues needed to be addressed, but it seemed to her they were “putting the horse before the cart”. Mrs. Treme asked that the Police Jury allow more time, at least through July, before adopting the ordinance in order to hold public meetings in the larger areas such as Moss Bluff, Bell City, Hayes, Carlyss, etc., especially in Moss Bluff because it was all rural but yet very populated. Mrs. Treme stated that if the ordinance was adopted on this date or at the end of July, it could still be implemented in September, but at least the jurors would have time to explain it to the public before enacting an ordinance.

Mr. Manuel concurred with Mrs. Treme’s thoughts on this matter, stating that one of the best kept secrets was the fact that if a property owner had sufficient property, field lines could be used, regardless of the type of system, in order to keep the effluent out of the ditches. He asked if this could be included in the ordinance.

Mr. Vickers explained that usually when a person built a house, they contacted an installer, and they would be looking at who had the cheapest price and who offered state approved systems. He further explained that a person could always exceed the regulations but that a person had to ask for what they wanted.

With regard to Mrs. Treme’s concerns, Mr. Vickers stated that the staff was going to try and do a public education program that would address what a person would need to do to have a better system, how to maintain the system, etc. but that the purpose of the ordinance was to enable the staff to respond to complaints. He pointed out that the staff could not go out and correct something for the Police Jury if they did not have the authority to do so.

Mr. Manuel stated that he had no problems with the first phase of the ordinance because it was complaint-driven. He also stated that there were different options for sewerage disposal but that nobody had told the public about the different options. Mr. Manuel stated that the initial phase of the ordinance needed to be implemented.

Mr. Andrepont pointed out that all Mrs. Treme was asking for was a deferral and that it was incumbent on every police juror to communicate with their constituents as to where they were going with regard to this issue. Mr. Andrepont stated that the problem, as he saw it, was that every part of Calcasieu Parish was different than the other parts. He advised that there was an area in his district that rather than comply with field lines and mechanical systems, they would prefer to tie into the City of Sulphur’s sewer system, and he was attempting to put together a joint services agreement to accommodate their wishes. Mr. Andrepont closed by saying that he did not have a problem with deferring action on adopting the ordinance and that the Police Jury had been “dragging this horse behind them for a long time” and another month or so would not make a difference. He reiterated his feeling that it was incumbent on each of the jurors to make these things known to their constituents.

Mrs. August stated that she agreed with Mrs. Treme but the jurors were not fooling anybody and that no matter how much they tried to educate, it was up to the Police Jury to adopt policy. She further stated that she had received calls from persons whose neighbors had allowed raw sewage to back up and that these people would probably like to see an ordinance adopted. Mrs. August stated that she did not see why the Jury could not do both – pass an ordinance and go ahead at the same time with town meetings. She pointed out that the Police Jury was a policymaking body and that something needed to be done, especially for those persons suffering because of neighbors who had faulty systems.

Mr. Clement asked what the implementation date would be, to which Mr. Vickers stated that it would be 90 days from the present date. Mr. Clement asked if the Police Jury would still be within the scheduled time frame if action was deferred for 45 days, and Mr. Vickers stated that he would prefer that that not happen due to the fact that he needed something finalized before he hired an inspector and started gearing up for enforcement of the ordinance. Mr. Vickers also stated that he would be glad to enforce the ordinance but that he could not enforce it unless it was adopted by the Police Jury and in his opinion, a deferral would be avoiding the inevitable.

A substitute motion was then offered by Mr. Clement and seconded by Mrs. Treme to defer action for thirty days on adoption of the proposed sewerage ordinance.

Mrs. Griffin spoke against the deferral, asking why there was a need to procrastinate. She stated that she was sensitive to the need to educate the public but felt the Police Jury should proceed with adopting the ordinance.

Mr. Landry pointed out that the proposed ordinance was in its fourteenth draft and that this issue had been discussed for many years. He stated that the jurors had been elected to make decisions based on all information given to them and while he was not against educating the public, there was plenty of time to do that. Mr. Landry further stated that he did not care if he made someone mad who was dumping sewage in his ditch but rather, he was concerned about the neighbor next door to that person.

Mr. McMillin pointed out that the fact the ordinance was complaint-driven was the key, and the jurors had to do something to help the people who were complaining of raw sewage in their ditches.

Mrs. Griffin called the question on the motion, and there being no other jurors who had asked to speak on this issue, President Kleckley called for a roll call vote on the substitute motion, which was to defer action for 30 days relative to adoption of the proposed sewerage ordinance. The vote thereon was as follows:

YEAS:Mr. Andrepont, Mr. Clement, Mr. Manuel, and Mrs. Treme

NAYS:Mrs. August, Mr. Collins, Mr. Danahay, Mr. Derbonne, Mrs. Griffin, Mr. Landry, Dr. Mackey, Mr. McMillin, and Mr. Moon

ABSENT:Mr. Breaux

NOT VOTING:President Kleckley

The vote being four (in favor) and nine (against), President Kleckley declared the motion as having failed. He then asked for a roll call vote on the original motion on the floor which was to adopt the proposed sewerage ordinance with the three staff recommendations previously outlined, those being (1) that all proposed subdivisions that had received preliminary approval from the Planning and Zoning Board be exempted from minimum lot frontage requirements, (2) that the Police Jury allow for 90 days lead time, which would make the effective date September 1, 2003, to allow for adequate preparation such as the hiring of an inspector, the purchase of necessary equipment and the receipt of pricing on repairs, parts, pump-outs, etc., and (3) that the Police Jury authorize amendments to the Zoning Ordinance and the Subdivision Ordinance to reflect the changes in minimum lot frontage requirements.

The vote thereon was as follows:

YEAS:Mr. Andrepont, Mrs. August, Mr. Collins, Mr. Danahay, Mr. Derbonne, Mr. Clement, Mrs. Griffin, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. McMillin, Mr. Moon, and Mrs. Treme

NAYS:None

ABSENT:Mr. Breaux

NOT VOTING:President Kleckley

The vote being unanimously in favor of the motion, President Kleckley declared said motion as having carried; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4555

AN ORDINANCE amending Chapter 22 - Sewers, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to adopt regulations to minimize the amount of effluent discharge into Parish roadside ditches and to ensure that disposal systems are maintained to operate properly.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5^th day of June, 2003, that it does hereby amend Chapter 22 of the Code of Ordinances of Calcasieu Parish, Louisiana, in its entirety to read as follows:

ARTICLE I - SEWERAGE DISPOSAL REGULATIONS - GENERAL

Sec. 22-1. Purpose.

The purpose for adopting regulations and implementing a Parish-wide sewerage disposal ordinance is to minimize the amount of effluent discharge into the Parish roadside ditches to ensure that disposal systems are maintained to operate properly.

Sec. 22-2. Areas of Applicability.

The provisions of this chapter are applicable within Calcasieu Parish, Louisiana, outside of the legally incorporated municipalities.

Sec. 22-3. Definitions.

Absorption Trench. A gravel or approved material filled trench that accepts treated wastewater from an individual sewerage treatment system by gravity for underground disposal.

Building Site. Any lot, lot area, grounds, premises or property where the sewerage originates.

Community-Type Sewerage System. A public or private sewerage system, consisting of a collection system, a means of final treatment and disposal and other equipment or facilities, which is approved to serve two or more building sites.

Direct Discharge. Any discharge of effluent from the building site where it originated other than into an approved collection system.

Drainage Outfall. Any drainage facility within any right of way or easement including, but not limited to, curbs, gutters, swales, ditches, culverts, and pipes.

Effluent. Treated or untreated wastewater.

Effluent Reduction. A system that significantly reduces the amount of off-site effluent discharge and is constructed as described in the Louisiana Sanitary Code.

Individual Sewerage System. Any system of piping and/or collection and/or transportation system which serves one or more connections and/or pumping facility, and treatment facility, all located on the property where the sanitary sewage originates; and which utilizes the individual sewerage system technology in Chapter 7 of Part 13 (Sewage) of the Louisiana Sanitary Code, or a commercial treatment facility which is specifically authorized for use by the State Health Officer.

Lot. A parcel of land lawfully subdivided and occupied or capable of being occupied by one building and the accessory buildings or uses customarily incidental to and which has been recorded with the Calcasieu Parish Clerk of Court.

Louisiana Sanitary Code. Those regulations contained in Title 51 of the Louisiana Administrative Code, as codified effective June 20, 2002.

Mechanical System. An individual sewerage treatment system that employs aerobic bacterial action and is sustained by mechanical aeration.

New Development. Any improvements moved, placed or constructed on property conveyed after the adoption of this ordinance.

Soil Absorption System. A system of absorption trenches or a dosing-field that will accept treated wastewater for final disposal.

Sec. 22-4. Administration and Enforcement.

The provisions of this chapter shall be administered and enforced by the Calcasieu Parish Police Jury.

Sec. 22-5. Fees.

The Calcasieu Parish Police Jury shall establish a schedule of fees and charges for applications, permits, inspections and other matters relating to the administration and enforcement of this chapter.

Sec. 22-6. Authority to Prescribe Standards.

The Calcasieu Parish Police Jury is hereby authorized to adopt and prescribe additional procedures, rules, regulations and standards to carry out the intent of this chapter.

Secs. 22-7 - 22-16. Reserved.

ARTICLE II - SEWERAGE DISPOSAL REGULATIONS -

INDIVIDUAL SEWERAGE SYSTEMS

Sec. 22-17. General.

(a) It shall be unlawful to allow any individual sewerage system to discharge untreated effluent into any drainage outfall, roadside ditch, pipe or within the road right-of-way located within the unincorporated areas of Calcasieu Parish, unless otherwise permitted by the Louisiana Department of Health and Hospitals’ Office of Public Health (LA DHH/OPH) as per the Louisiana Sanitary Code.

(b) Effluent from all individual sewerage systems must be disposed of within the boundaries of the building site upon which the sewerage originated. Under no circumstance shall untreated effluent be allowed to run off said building site.

Sec. 22-18. Permits and Approvals Required.

(a) A parish sewerage disposal permit must be obtained prior to the installation of any sewerage disposal system within the unincorporated limits of Calcasieu Parish. No parish permit shall be issued unless the applicant has first obtained written authorization for installation from the LA DHH/OPH.

(b) Prior to the issuance of a parish sewerage disposal permit, any new sewerage disposal system, alteration of an existing system or connection of the sewerage from any building to an existing system, must be approved by the LA DHH/OPH to assure compliance with the provisions in Part 13 of the Louisiana Sanitary Code.

Sec. 22-19. Inspections.

(a) The Calcasieu Parish Division of Planning and Development, hereafter referred to as the Division, shall inspect individual sewerage systems to ensure their proper installation, functioning and performance in accordance with all laws, rules, and regulations of Part 13 of the Louisiana Sanitary Code and of this chapter. The Division’s Inspector is authorized to enter upon any private premises at reasonable times and in a reasonable manner to inspect said system.

(b) The Division shall use the procedures set forth in Article IV when an individual sewerage system fails to meet the established regulations of this chapter.

Sec. 22-20. Sewer Plant Inspection Tags.

(a) Beginning January 1, 2005, all existing sewerage disposal systems, two years and older, must be inspected and issued an inspection tag within three (3) years of said date. Inspection tags shall be issued for a period of three (3) years.

(b) Prior to the issuance of an Inspection Tag by the parish, an inspection by the Parish Inspector must be conducted and the system approved or evidence must be submitted to the Division by a certified, Louisiana licensed, sewer plant installer certifying that the system is in compliance with all laws, rules and regulations of Part 13 of the Louisiana Sanitary Code.

(c) The inspection tag must be renewed every three (3) years. Prior to the issuance of a renewed inspection tag, a “request for inspection” must be scheduled and fee paid with the Division. The Parish Inspector will inspect the system within seven (7) days of the “request for inspection”. Should an inspection not be performed by the Parish, evidence must be submitted to the Division by a certified, Louisiana licensed, sewer plant installer certifying that the system is in compliance with all laws, rules and regulations of Part 13 of the Louisiana Sanitary Code.

(d) All new or renewed inspection tags must be affixed to the system in a conspicuous location and readily accessible to the Parish Inspector.

(e) Failure of an individual to submit a “request for inspection” and pay the established fee for a sewer plant inspection tag, within sixty (60) days of the expiration of the tag, will be deemed delinquent. At this time, the fee for a sewer plant inspection tag will be doubled, as a penalty.

Sec. 22-21. Existing Systems.

All existing individual systems, which do not meet the criteria of this chapter, shall be brought into compliance according to the following requirements:

(a) All untreated direct discharges shall be eliminated within 60 days of the effective date of this ordinance.

(b) All failed or malfunctioning systems shall be corrected within 60 days of the effective date of this ordinance.

(c) Existing systems, which meet or can be modified to meet the requirements of this article, shall be exempt from the building site area requirements of Article III, Sec. 22-34 (a) (1&2) of this chapter.

(d) No existing system with surface discharge shall be exempt from the requirements of Article III Sec. 22-33 of this chapter.

(e) Where a community-type sewerage system is available and where it has been determined that a system can sufficiently handle the additional wastewater, property owners shall have one (1) year from the effective date of this ordinance to connect to such a community-type system.

(f) Existing systems without surface discharge shall be exempt from the requirements of Article III, Sec. 22-33 of this chapter, until such time as ownership of the building site is transferred.

Sec. 22-22. Mechanical Systems.

(a) Mechanical systems may be used only when approved by the LA DHH/OPH.

(b) It shall be unlawful for the owner of a mechanical system to disconnect any part of the system except for the purpose of maintenance or repairs.

(c) The design and installation of mechanical systems shall comply with all the requirements established by the provisions of Part 13 of the Louisiana Sanitary Code and this ordinance.

(d) Beginning January 1, 2005, for existing systems that do not have a State required sampling station, a Parish approved sampling station shall be installed downstream of absorption bed(s), between the public road right-of-way line and the discharge location. Refer to the following diagram for additional information and minimum requirements:

Secs. 22-23 - 22-32. Reserved.

ARTICLE III - SEWERAGE DISPOSAL REGULATIONS -

COMMUNITY-TYPE SEWERAGE SYSTEMS

Sec. 22-33. Mandatory Connections to Community-Type Systems.

(a) Where a community-type system is located within three hundred feet (300’) of a building site, the plumbing fixtures within any structure on said building site shall be connected to the community-type system if the owner is legally entitled to do so, taking into consideration governmental, geographic or other legally created boundaries.

(b) The three hundred feet (300’) distance specified in paragraph (a) is to be determined by measuring the shortest available route from the structure to the community-type system main or lateral.

(c) The connection requirements in paragraph (a) may be waived or deferred for a specified time period if the LA DHH/OPH determines that the community-type system has an inadequate capacity or that the required connection would result in an unreasonable hardship or practical difficulty due to site conditions, restrictions, and limitations.

(d) The basis for approving a waiver or deferral, as well as the terms and conditions of such approval, shall be specified in writing and attached to any permit issued for installation of the individual sewerage treatment system. In addition, the waiver shall be duly recorded with the Clerk of Court.

Sec. 22-34. Where Community-Type System Not Available.

Where community-type systems are not available, an individual system may be used subject to the following requirements:

(a) The building site area shall be in accordance with the Calcasieu Parish Zoning Ordinance.

(1) Lots served by a public water system must have a minimum 100 feet of road frontage. Exceptions to said requirement may occur when developing a lot adjoining a dead-end road, or cul-de-sac, or corner lot whereby the director of planning and development may reduce the public road frontage requirement to twenty (20) feet provided that the lot meets the minimum square footage requirement, and that approval is obtained from LA DHH/OPH.

(2) Lots served by a private water well must have a minimum 125 feet of road frontage. Exceptions to said requirement may occur when developing a lot adjoining a dead-end road, or cul-de-sac, or corner lot whereby the director of planning and development may reduce the public road frontage requirement to twenty (20) feet provided that the lot meets the minimum square footage requirement, and that approval is obtained from LA DHH/OPH.

(b) The LA DHH/OPH and the Parish must approve a soil absorption system for treated effluent.

Sec. 22-35. Approvals and Permits Required.

No person shall install a community-type system, alter or modify an existing system, or connect the sewerage from any building to an existing system until the plans and specifications for the system, modifications or connections have been submitted to the Division, the LA DHH/OPH and the Louisiana Department of Environmental Quality where required by law, and written approval of the plans have been secured and a written permit issued by the LA DHH/OPH and the Division has been obtained.

Sec. 22-36. Plans and Specifications.

A professional engineer, registered in the state of Louisiana, shall prepare the plans and specifications for the installation of a community-type system and for any alterations, modifications or expansion of an existing system.

Sec. 22-37. Inspections and Certifications by the Professional Engineer.

A professional engineer, registered in the state of Louisiana, shall make inspections at the appropriate intervals during the installation, alteration, modification or expansion of a community-type system and shall provide written certification to the LA DHH/OPH, the Division and the Louisiana Department of Environmental Quality, where required by law, that the installation, alteration, modification or expansion was constructed in accordance with the approved plans and specifications.

Sec. 22-38. Additional Loading of Existing System.

Any owner of any community-type system requesting approval for additional wastewater loading of that system shall submit to the LA DHH/OPH and the Division, written certification by a professional engineer, registered in the state of Louisiana, that the existing system will meet all requirements of the appropriate regulatory agencies.

Sec. 22-39. Inspections of Community-Type Systems by the Division.

The Division or authorized representative, will inspect community-type systems to ensure their proper functioning and performance in accordance with all applicable laws and regulations and is authorized to enter upon private premises at reasonable times and in a reasonable manner to inspect said system.

Sec. 22-40. Community-Type Systems Required in New Subdivisions.

(a) Any new subdivision that has 125 or more lots shall have a community-type sewerage system.

(b) Phased development of community sewer system trunk-lines will be allowed.

(c) All new community-type sewerage systems shall be constructed in compliance with LA DHH/OPH standards. The system should be constructed prior to approval of the final subdivision plat or if not then, the developer should post a performance bond in favor of the appropriate governing body or sewerage district so that the appropriate local governing authority or sewer district would have the funds to construct the system.

Secs. 22-41 - 22-50. Reserved.

ARTICLE IV - SEWERAGE DISPOSAL REGULATIONS -

VIOLATIONS AND PENALTIES

Sec. 22-51. Enforcement.

(a) Whenever the Division finds a community-type sewerage system or individual sewerage system to have a deficiency or to be in non-compliance with the requirements of this chapter, or state law, it shall give the property owner written notice to correct the deficiency or non-compliance within a specified period of time.

(b) The notice to the property owner shall be by registered or certified letter, return receipt requested, sent to the owner at his actual address or last known address listed in the records of the assessor of the parish at the time that the violation of this article was established. In the event that the parish is unable to serve the owner in this manner, notice shall be by publication once a week for two (2) consecutive weeks in the official journal of the parish.

(c) If the property owner fails to remedy the deficiencies or correct the non-compliance of the system outlined in the notice, within fifteen (15) days after receipt of the notice or after the second publication of the notice, as set forth in (b), the parish may have such deficiencies or non-compliance corrected and shall charge such property owner only the actual amount charged by and paid to the party remedying the deficiency or correcting the non-compliance, plus a fifteen (15) percent service charge thereon, such service charge not exceeding $25.00 dollars.

(d) Upon failure of any such property owner to pay such charges, the parish shall file a certified copy of such charges plus the costs charged by the recorder of mortgages for filing and recordation, with the recorder of mortgages, and the same, when so filed and recorded, shall operate as a lien and privilege in favor of the parish against the property on which said deficiency was remedied or non-compliance was corrected.

(e) The parish shall add all unpaid direct charges and related charges to the annual ad valorem tax bill of the property involved, and the sheriff effecting collection shall be reimbursed by the parish for an amount equal to fifteen (15) percent of the amount of such charges actually collected from the property owner. This collection charge shall be in addition to such charges and shall also be added to the ad valorem tax bill of the property involved.

Sec. 22-52. Property owned in indivision.

(a) If property, which may be subject to a lien or privilege granted in favor of the parish, is owned in indivision and the owners in indivision, with their proportionate share in the property, are listed separately by the tax assessor on the ad valorem tax roll for the parish, then the notice to remedy the deficiency or correct the non-compliance shall be sent to each owner in indivision and shall list the proportionate share of such charges due by that owner.

(b) Upon failure of each owner in indivision to pay his proportionate share of the charges incurred by the parish in remedying the deficiency or correcting the non-compliance, that part of the property for which the charges are not paid shall be subject to lien and privilege in favor of the parish.

(c) Upon payment by an owner in indivision of his proportionate share listed on the ad valorem tax roll for the parish of the total charges incurred, and after certification of such proportionate interest by the assessor, the lien and privilege granted herein shall be removed from the proportionate interest of the paying owner in indivision. If outstanding charges are added to the annual ad valorem tax bill, the proportionate payment by the paying owner in

indivision shall be reflected on the bill and his interest in the property free of such charge shall be distinguished on the tax bill.

(d) Notice of the lien and privilege shall be made upon the owners in indivision at their actual address or the last known address listed on the tax rolls of the parish.

Sec. 22-53. Violation.

Failure to operate any sewerage disposal system in compliance with this ordinance, state law, or the requirements of the Louisiana Department of Environmental Quality or the LA DHH/OPH shall constitute a violation of this chapter and shall authorize the local governing authority to declare the structures involved a nuisance or public health hazard. The Attorney for the Calcasieu Parish Police Jury is hereby authorized to undertake any appropriate legal action to enforce said order.

Sec. 22-54. Penalty.

Any person, firm or corporation who shall fail to comply with the provisions hereof shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in section 1-9 of this Code.

Secs. 22-55 - 22-64. Reserved.

ARTICLE V - TAMPERING PROHIBITED

Sec. 22-65. Prohibition against tampering with, removing and/or possessing sewer manhole covers belonging to the parish which are placed on parish roads or rights-of-way; violations.

(a) (1) No one shall in any way tamper with, move, damage, or destroy a sewer manhole cover placed upon any parish road or right-of-way by the parish, or by any contractor or agency for the parish, unless authorized by the parish or an appropriate agency for the parish.

(2) No individual shall without proper authority:

(a) Sell or purchase a sewer manhole cover of the parish, or

(b) Remove or possess a parish sewer manhole cover without the intention of returning same to its original location.

(3) Any individual who removes the sewer manhole cover, with or without proper authority, is responsible for taking necessary action to prevent any injury or damage, i.e., barricades, signage.

(b) Persons violating this section shall be prima facie at fault and responsible for any damage to persons or property resulting from the said violation.

BE IT FURTHER ORDAINED that this ordinance shall become effective September 1, 2003.

BE IT FURTHER ORDAINED that any ordinances or parts of any ordinances 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 5^th day of June, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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

Motion was made by Dr. Mackey, seconded by Mr. Collins and carried unanimously that Recommendation No. 5 of the Public Works Committee as outlined heretofore be approved; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4556

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to modify speed limits on various roads in Wards Four and Eight of Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5^th day of June, 2003, 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 Including the following road in the provisions of said section:

- Straley Street, in Ward 4

SECTION 2: Sec. 17-66, Thirty-five miles per hour, of the Code of Ordinances is amended:

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

- Gordon Dennison Road,