Calcasieu Parish Police Jury Agenda Minutes

January 22, 2004

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, January 22, 2004, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Brent Clement, President, presiding, and the following members present:

Mesdames Elizabeth Conway Griffin and Sandra J. Treme; and Messrs. Francis Andrepont, Calvin Collins, Mike Danahay, Tony Guillory, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornie Moon, and Tony Stelly

Absent: None (District Nine seat vacant)

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mrs. Coleen Clark, Executive Secretary; 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, General Counsel; Mrs. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facility Management; and Mr. Jim Vickers, Director of Planning and Development.

President Clement called the meeting to order. The invocation was pronounced by Mr. Moon which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.

President Clement 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.

Motion was made by Dr. Mackey, seconded by Mr. McMillin and carried unanimously that the following applications for liquor and beer permits be approved:

WARD III

SM Petroleum, Inc.

Mohammed M. Rahman - Director

QUICK CHECK #7

5929 Gulf Hwy.

Lake Charles, LA 70605 Liquor & Beer - Pkg. 75.00

(Chris Landry’s District)

Big Easy Po-Boys Bar & Grill, Inc.

Larry Thomas - Pres.

BIG EASY PO-BOYS BAR & GRILL

7795 Lake Street

Lake Charles, LA 70605 Liquor & Beer 168.75

(Chris Landry’s District)

TOTAL REMITTANCE: $243.75

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Upon motion made by Mr. Andrepont, which was duly seconded by Dr. Mackey and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated December 18, 2003, were approved, and the reading of same was dispensed with.

President Clement advised that a report would be received at this time from Mr. Allen Smith, General Counsel to the Police Jury, with reference to the Police Jury’s options and legal obligations with respect to the vacancy that existed in the District Nine Police Jury seat.

Mr. Smith advised that Mr. Kevin Guidry, duly elected District Nine Police Juror, had chosen not to take the Oath of Office and because of that, LSA—R.S. 15:581 would apply. He quoted a portion of said statute as follows: “A ‘vacancy’ occurs in an elective office when the office is or will be unoccupied by reason of the death of the official who was elected to the office, or by reason of his retirement or resignation, removal from office by any means, failure to take office for any reason, or when it becomes certain that the person elected to the office will not take the office on the day when the term for which he was elected commences . . .”

Mr. Smith stated that those provisions had caused the Police Jury to have a vacancy as a matter of law and that LSA—R.S.18:602 provided that when such a vacancy occurred, the governing authority shall within ten days appoint a person to fill the vacancy who meets the qualifications of the office, and further, LSA—R.S. 18:402E mandated when the special election would be held. Mr. Smith further stated that he had talked to someone in the Secretary of State’s Office who had told him that the Police Jury was required to call the election in conjunction with the first primary election after the vacancy occurred which would normally occur in October of 2004 but because there were two Jewish holidays in October, that election date would have to be moved back to September 18, which was the congressional election date. Mr. Smith also stated that according to the Secretary of State’s Office, the Police Jury had no leeway in this matter and must choose the September 18, 2004, date for the primary election to fill the District Nine Seat.

Mrs. Griffin asked if the election could have been scheduled in March had the Police Jury taken action sooner than it did, to which Mr. Smith answered that under no circumstances could the election be called for any date other than September 18^th.

Mr. Kevin Guidry, 4045 Briarfield Lane, Lake Charles, appeared before the Police Jury at this time and apologized to the citizens of District Nine and the people of Calcasieu Parish for the inconvenience this matter had caused but that he had been given an extremely tough decision to make in a three-week span, that being whether to continue to provide an honest living for his family or to take office as a police juror. Mr. Guidry stated that his family depended on him as the “bread winner”, and he wanted everyone to know that he was not a quitter. He further stated that if he had to run again and get re-elected, he would do so, pointing out that he had won the previous election by a 72% margin.

Mr. Guidry explained that he was currently going through the legal process to try and clear things up, and he was still willing to serve as District Nine police juror. Mr. Guidry stated that he would be true to and honest with the citizens of District Nine, and he asked for their prayers and patience.

President Clement opened the floor at this time for those persons to address the Police Jury who wished to be appointed to fill the seat in the interim until an election could be called. He ruled that each person would be allowed three minutes to speak.

Mr. Donald Jackson, 6511 South Meadowlark Drive, Lake Charles, appeared before the Police Jury and stated that as indicated by Mr. Smith, it was incumbent on the Police Jury to take action on this date relative to the vacancy in District Nine. He reminded the jurors that he had sent each one of them a letter of his intent to serve and stated that he was ready to work for the Police Jury and the people of Calcasieu Parish. Mr. Jackson advised that he was the second and only other candidate in the last election for the District Nine seat, and he had received 28% of the votes cast. Mr. Jackson asked that the Police Jury yield to the will of the people.

Mr. Jackson stated that he had worked with the people in District Nine and had come before the Police Jury on issues affecting said district. He also stated that he had a genuine interest in serving and had demonstrated that through his service to the community as a member of the Calcasieu Estuary Environmental Task Force, the Family Youth Counseling Agency, and others.

Mr. Jackson stated that he did intend to run again for the seat in the upcoming election which was almost one year away and that he would bring some stability to District Nine in the interim. He also stated that there had been a lot of drama over this matter and that it was time for the drama to end. Mr. Jackson stated there was nothing he knew of that would bar him from being appointed to serve in the interim and also seek the seat in the next election. He advised that this had happened in the past when vacancies had occurred on the Police Jury, and he hoped it would not prohibit him from being appointed.

President Clement ruled that Mr. Jackson’s time was up.

Mr. Fred Hardy, 2824 Donateil Street, Lake Charles, appeared before the Police Jury and stated that he had been a candidate in the last race for District 2 but that Mr. Collins had been re-elected. Mr. Hardy asked the police jurors to be fair so that their actions would be guided fairly. He advised that Mr. Jackson had worked hard during the last election, and he saw no reason why he (Mr. Jackson) should not be appointed. Mr. Hardy stated that Mr. Jackson was a good citizen who had always expressed interest in the community.

Mr. Alvin Stevens, 1501 Mitchell Street, Lake Charles, appeared before the Police Jury and stated that he had always been a community-minded person. He advised that he was currently serving as Secretary of the Calcasieu Parish Public Trust Authority and had previously served four years as Chairman of said Authority. Mr. Stevens further advised that if given the chance to serve as interim juror for District Nine, he would ask the Police Jury to grant him a leave of absence from the Authority effective at the time he was sworn in as interim police juror until such time as an election could be held and the newly-elected juror for District Nine was sworn in. Mr. Stevens stated that he would not seek the position of police juror for District Nine in the upcoming election and that he appreciated the jurors’ support. He closed by saying that if appointed, he would represent his community and parish with all his strength.

Ms. Dorothy Leger, 6440 South Meadowlark Drive, Lake Charles, appeared before the Police Jury and stated that she had been instrumental in conducting some projects in her subdivision and community such as street lighting and drainage. She further stated that if appointed, she would send out letters to voters advising them of her interest and accessibility and set up community meetings to listen to the citizens’ concerns in an effort to work toward amicable solutions.

Ms. Geralyn Simon Collins, 3701 Texas Street, Lake Charles, appeared before the Police Jury and stated that she was a product of Lake Charles and a 1975 graduate of McNeese State University with a B.A. in pre-law. She further stated that she had served the community by volunteering, being a good neighbor, and going to meetings in the community. Ms. Collins advised that she was currently self-employed and had no ties obligating her to one particular entity. She stated that she had a desire to fill the vacancy in the interim and serve the people of her district but had no desire to seek the position in the next election.

Mr. Elray Victorian, 2722 Waldon Drive, Lake Charles, appeared before the Police Jury and stated that he had been a resident of District Nine for many years. He also stated that he had been a member of the Calcasieu Parish School Board for 20 years and thought he could fill the void until Mr. Guidry took his position on the Police Jury, if he were to win another election.

Mr. Victorian advised that he worked for one of the largest taxpayers in the Parish, Citgo, and had an administrative background, as well as experience in police and security work. He pointed out that he had been a public servant for many years on the School Board and still had the need, the energy, and the time to serve as a police juror. Mr. Victorian stated that all of the candidates who had addressed the Police Jury on this date were good candidates, and he wished the jurors luck in choosing just one.

Mr. Ben Corman, 5629 Western Drive, Lake Charles, appeared before the Police Jury and stated that he would not seek office or run for election for the District Nine seat. He further stated that he did not see himself as an adversary for any candidate but rather as an option to a situation that had occurred. Mr. Corman advised that he had served 27 years with the Lake Charles Fire Department and had retired from said department after three years as Fire Chief. He stated that he would work with all persons in the district to address their concerns.

Mr. Lawrence Morrow, 922 Lawrence Street, Lake Charles, appeared before the Police Jury and stated that he did not live in the district but planned to buy a house in the district in a few days. He asked what the requirements were insofar as the length of time a candidate must reside in the district.

Mr. Smith advised that he was almost certain there was a one-year residency requirement, but he would like the option to research that question to make sure.

Mr. Morrow stated that if the answer was different, he would like to know that, and if he did not qualify as a candidate, he would recommend Mr. Jackson because of the fact that he was a candidate in the last election. Mr. Morrow asked if a person could run for office, win, and then move into the district, and Mr. Smith answered that they could not.

President Clement stated that all of the candidates were good ones, and he did not envy the Police Jury having to make this decision. He further stated that it was admirable that there were so many good candidates who wanted to step forward and represent their community.

Mr. Kleckley stated that he was very impressed by the number of people who had offered their services and that the Police Jury had very challenging issues ahead, especially in District Nine, with flooding and drainage problems. Mr. Kleckley further stated that whoever was selected would have to be committed to and concerned for the district and that it would require dedication and hard work. He also stated that the district needed someone with an impeccable record who was familiar with the area and genuinely interested and that Mr. Stevens had not only had good experience within his district, but also in working with the Police Jury as a member of the Calcasieu Parish Public Trust Authority.

Mr. Kleckley then nominated Mr. Alvin Stevens to fill the vacancy in the District Nine Police Jury seat on an interim basis until such time as an election could be held and the position filled. Mrs. Treme seconded the nomination.

Mrs. Griffin was granted a point of personal privilege, and she apologized to the citizens of District Nine for all that was going on with this appointment. She further stated that one of the persons interested in filling the position had told her she would not come to the meeting on this date because she had heard on KPLC-TV that the seat had already been filled. Mrs. Griffin stated that she was concerned that the people of District Nine were not given a clear directive about what would take place at the meeting on this date. She explained that she knew the Police Jury would be receiving input from its legal counsel, but the people of District Nine were not told that the Jury would be taking action to fill the seat and if they were interested, to take the necessary steps to be sure they were considered for the job. Mrs. Griffin pointed out that since one of the candidates was a relative of hers, she would have to abstain from voting.

President Clement noted that action had been scheduled for 6:00 p.m. but due to the seriousness of the matter currently being debated, he advised that 6:00 action would be postponed for a few minutes and that if anyone was present in the audience for said action, it would be taken up as soon as the Police Jury was finished with the matter currently being discussed.

Mr. Andrepont stated that Mr. Kleckley had made a good point, and he believed that no one could buy experience. He further stated that he had been very impressed with the resume submitted by Mr. Victorian, particularly with his 20 years of working with the public.

Mr. Andrepont then nominated Mr. Elray Victorian to fill the vacancy in the District Nine Police Jury seat on an interim basis until such time as an election could be held and the position filled. Mrs. Treme seconded the nomination.

Mr. Collins stated that all persons who had submitted resumes for the position were good candidates but with all due respect to the people in District Nine, he wished to nominate Mr. Donald Jackson to fill the vacancy in the District Nine Police Jury seat on an interim basis until such time as an election could be held and the position filled. Said nomination died from lack of a second.

A roll call vote was then held on the two candidates, and the result thereof was as follows:

Voting for Mr. Stevens: Mr. Collins, Mr. Danahay, Mr. Guillory, Mr. Kleckley, Mr. Landry, Mr. McMillin, Mr. Moon, Mr. Stelly, and Mrs. Treme

Voting for Mr. Victorian: Mr. Andrepont, Dr. Mackey, and Mr. Manuel

Abstaining from Voting: Mrs. Griffin

There being nine votes cast in favor of Mr. Stevens and three votes cast in favor of Mr. Victorian, President Clement ruled that Mr. Stevens had been appointed to fill the vacancy in the District Nine Police Jury seat on an interim basis until such time as an election could be held and the position filled.

Mr. Smith pointed out that Mr. Stevens currently served as a trustee on the Calcasieu Parish Public Trust Authority, and he had been asked to look into whether Mr. Stevens could serve on both the Authority and the Police Jury. Mr. Smith advised that state law did not prohibit this, but there was a Police Jury policy which stated that “no elected official shall serve on any board that pays a per diem, even if elected after having been appointed to serve on said board.” Mr. Smith advised that under that prohibition, it was his opinion that Mr. Stevens must submit to the Police Jury a request for a leave of absence from the Public Trust Authority and that Mr. Stevens had indicated that he would do so if appointed.

Motion was made by Mr. Kleckley and seconded by Mrs. Treme that Mr. Stevens be granted a leave of absence from service as a Trustee of the Calcasieu Parish Public Trust Authority, said leave of absence to begin at the time he was sworn in as interim Police Juror until such time as an election could be held and the newly-elected Juror for Police Jury District Nine was sworn in.

Mr. Manuel asked Mr. Stevens to publicly state at this time that he would abide by the stipulations contained in the motion on the floor, to which Mr. Stevens responded that he would and that he had prepared a letter to that effect just in case he was selected as interim juror.

A vote was then taken on the motion on the floor, and said motion carried unanimously.

Upon motion made by Mrs. Treme, which was duly seconded by Mr. Landry and carried unanimously, the following resolution and proclamation were issued:

RESOLUTION

WHEREAS, Kevin Guidry was elected to a four-year term on the Calcasieu Parish Police Jury representing District 9 of Calcasieu Parish, Louisiana; and

WHEREAS, Mr. Guidry chose not to be sworn in on January 12, 2004, the date set by State law for members of police juries to take office, thereby creating a vacancy in the District 9 seat of the Calcasieu Parish Police Jury; and

WHEREAS, under Louisiana law, it is the duty of the Calcasieu Parish Police Jury to timely fill this vacancy for the interim period until an election can be held in accordance with law.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that it does hereby appoint Alvin Stevens, effective as of this date, as a member of the Calcasieu Parish Police Jury representing District 9 of Calcasieu Parish, Louisiana, with said appointment to expire at such time as the vacancy is filled by an election in accordance with law.

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PROCLAMATION

BE IT PROCLAIMED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, and in accordance with LSA—R.S. 18:402, LSA—R.S. 18:581 and LSA—R.S. 18:602, that:

SECTION 1. On January 12, 2004, Kevin Guidry, the duly-elected Police Juror from District 9 of Calcasieu Parish, Louisiana, chose not to be sworn into office, thereby creating a vacancy in the District 9 seat of the Calcasieu Parish Police Jury.

SECTION 2. On January 22, 2004, in regular session, the members of the Calcasieu Parish Police Jury appointed Alvin Stevens to serve as the Police Juror from District 9 of the Parish of Calcasieu, Louisiana, until such time as an election is held to fill the seat.

SECTION 3. The special election for the vacated Police Jury seat from District 9 of Calcasieu Parish, Louisiana, will be held as follows:

(a) Primary election - September 18, 2004

(b) General election - November 2, 2004

SECTION 4. All persons seeking the office of Police Juror from District 9 of Calcasieu Parish, Louisiana, have August 4, August 5, and August 6, to qualify as a candidate for the vacated seat.

THUS PASSED AND ADOPTED by the Calcasieu Parish Police Jury, convened in regular session on the 22^nd day of January, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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President Clement recognized Mr. Johnny Johnson, newly-elected Chairman of the Planning and Zoning Board, as being present in the audience.

The time being 6:10 p.m., President Clement advised that a public hearing would be held at this time, as a result of notice provided to the owner of properties described below, in accordance with Article II-Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, ordering said owners to show cause as to why the structures on said properties should not be condemned:

1. 7412 ANDREW LANE, South Lake Charles area, Lot 13, Green Meadows Subdivision, No. 1, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: R & R Adventures, Inc., c/o Roy Stout, 108 Sheridan, Lake Charles, LA 70605, TA# 00102415 (Police Jury District 7);

2. CORNER OF DECKER AND RAILROAD, Lake Charles area, E 58 Ft Lot 28, Blk 3, Vista Subdivision, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: Edward Ceasar, Jr., c/o Octavia Thomas, 1711 Gieffers Street, Lake Charles, LA 70601, TA# 00058661 (Police Jury District 2);

3. DUKE STREET, Mossville area, Lot 21, Block 9, Queensboro Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Richard J. Bryant, et al, 302 Highland Lake Drive, Highland Village, TX 75077, TA# 00123366 (Police Jury District 15);

4. 1606 EVA STREET, Sulphur area, Com 40 Ft W and 425 Ft N of SW Cor of Lot 4, Block 2, Henry Subdivision in E ½ of NE NE 4.10.10 W 100 Ft S 50 Ft etc., Ward 4,CalcasieuParish,Louisiana (one house and one accessory structure) Owner: Thomas and Gloria Adams, c/o Terry M Adams, 1 W Burton Street, Sulphur, LA 70663, TA# 00185981 (Police Jury District 13);

5. 7405 FLOUNDER, Lake Charles area, Lot 333, Country Pines North Subdivision, No. 7, Ward 3, Calcasieu Parish, Louisiana (one manufactured home and one accessory structure) Owner: Ray Jerry Clopton, et ux, P O Box 412, Nixa, MO 65714, TA# 01334246 (Police Jury District 8);

6. 458 GRAPE STREET, DeQuincy area, Lot 31, Block 4, Pine Acres Subdivision, Ward 6, Calcasieu Parish, Louisiana (one house) Owners: Mrs. Eula Ray Dunham, 458 Grape Street,DeQuincy, LA 70633, Alma Ruth Dunham Smith, 496 Grape Street, DeQuincy, LA 70633, Judith Joy Dunham Christy, 805 Royal Oaks, DeRidder, LA 70634, Bonnye Ann Dunham Hebert, 3813 Lake Street, Lake Charles, LA 70601, TA# 00220353 (Police Jury District 11);

7. 2624 GULFWAY BOULEVARD, Westlake area, Lot 46, Block A, Gulfway Pines Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Sam Blaney, Jr. (NMN), 2250 E Mill Street, Lake Charles, LA 70601, Mortgage Company: Reliable Financial Service, Inc., 3115 Kirkman Street, Lake Charles, LA 70601, TA# 00119636 (Police Jury District 14);

8. 1055 HUNGERFORD ROAD, LeBleu Settlement area, Lot 14, Country Meadows Subdivision, Part B, Ward 8S, Calcasieu Parish, Louisiana (one manufactured home) Owner: Bobby Lee Ore, 1055 Hungerford Road, Lake Charles, LA 70615, TA# 01152327 (Police Jury District 2 );

9. 308 GOODMAN ROAD, Northeast Lake Charles area, Com on W Line NW NE 35.9.8, 230 Ft S of NW Cor NW NE, E 158.3 Ft to W/L of R/W of Pub Road, S 100 Ft etc., Subj to R/W on W 30 Ft, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Clark Real Estate Enterprises Inc., 8 River Road, Lake Charles, LA 70601, TA# 00094072 (Police Jury District 2);

10. 898 WILLOW SPRINGS, North Sulphur area, W 10 Acs of S 30 Acs of SE SE 32.8.9, Ward 6, Calcasieu Parish, Louisiana (one manufactured home) Owner: Leada Vincent Estate, c/o Mae Goodwin, 896 Willow Springs Road, Sulphur, LA 70663, TA# 00235997 (Police Jury District 14).

With respect to the first piece of property located at 7412 Andrew Lane, South Lake Charles area, Mr. Wes Crain, Assistant Director of Planning and Development, recommended that the structure be condemned and removed within thirty days.

President Clement asked if there was anyone present in the audience to address the Police Jury with respect to this property and hearing no comments, motion was made by Mr. Landry, seconded by Mr. Manuel and carried unanimously to accept the staff’s recommendation and to adopt the following ordinance:

ORDINANCE NO. 4674

AN ORDINANCE ordering demolition of one manufactured home on property located at 7412 Andrew Lane (Lot 13, Green Meadows Subdivision; Tax Assessment No. 00102415), South Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by R & R Adventures, Inc., c/o Roy Stout.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home on property located at 7412 Andrew Lane (Lot 13, Green Meadows Subdivision; Tax Assessment No. 00102415), South Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by R & R Adventures, Inc., c/o Roy Stout, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22^nd day of January, 2004, and is final unless appealed within five (5) days.

SECTION 2. If the manufactured home on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home was situated for the cost of demolishing and removing said manufactured home, and for the cost of maintaining the property.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the manufactured home, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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With respect to the second piece of property located at the corner of Decker and Railroad, Lake Charles area, Mr. Crain recommended that the structure be condemned and removed within thirty days.

President Clement asked if there was anyone present in the audience to address the Police Jury with respect to this property and hearing no comments, motion was made by Mr. Collins, seconded by Mr. Andrepont and carried unanimously to accept the staff’s recommendation and to adopt the following ordinance:

ORDINANCE NO. 4675

AN ORDINANCE ordering demolition of one manufactured home on property located at the corner of Decker and Railroad (E 58 Ft Lot 28, Blk 3, Vista Subdivision; Tax Assessment No. 00058661), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by Edward Ceasar, Jr., c/o Octavia Thomas.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home on property located at the corner of Decker and Railroad (E 58 Ft Lot 28, Blk 3, Vista Subdivision; Tax Assessment No. 00058661), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by Edward Ceasar, Jr., c/o Octavia Thomas, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22^nd day of January, 2004, and is final unless appealed within five (5) days.

SECTION 2. If the manufactured home on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufacture home was situated for the cost of demolishing and removing said manufactured home, and for the cost of maintaining the property.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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With respect to the third piece of property located on Duke Street, Mossville area, Mr. Crain recommended that the structure be condemned and removed within thirty days.

President Clement asked if there was anyone present in the audience to address the Police Jury with respect to this property and hearing no comments, motion was made by Mr. McMillin, seconded by Mr. Manuel and carried unanimously to accept the staff’s recommendation and to adopt the following ordinance:

ORDINANCE NO. 4676

AN ORDINANCE ordering demolition of one manufactured home on property located at Duke Street (Lot 21, Block 9, Queensboro Subdivision; Tax Assessment No. 00123366), Mossville area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Archie Dean Darby.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home on property located at Duke Street (Lot 21, Block 9, Queensboro Subdivision; Tax Assessment No. 00123366), Mossville area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Archie Dean Darby, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22^nd day of January, 2004, and is final unless appealed within five (5) days.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

Mr. Crain advised that no action was required relative to the fourth piece of property located on Eva Street, Sulphur area, due to the fact that the structure had been removed.

With respect to the fifth piece of property located at 7405 Flounder Drive, Lake Charles area, Mr. Crain recommended that the structure be condemned and removed within thirty days.

President Clement asked if there was anyone present in the audience to address the Police Jury with respect to this property and hearing no comments, motion was made by Mr. Moon, seconded by Mrs. Griffin and carried unanimously to accept the staff’s recommendation and to adopt the following ordinance:

ORDINANCE NO. 4677

AN ORDINANCE ordering demolition of one manufactured home and one accessory structure on property located at 7405 Flounder (Lot 333, Country Pines North Subdivision, No. 7; Tax Assessment No. 01334246), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by Ray Jerry Clopton, et ux.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home and accessory structure on property located at 7405 Flounder (Lot 333, Country Pines North Subdivision, No. 7; Tax Assessment No. 01334246), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by Ray Jerry Clopton, et ux, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22^nd day of January, 2004, and is final unless appealed within five (5) days.

SECTION 2. If the manufactured home and accessory structure on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home and accessory structure, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home and accessory structure situated for the cost of demolishing and removing said manufactured home and accessory structure, and for the cost of maintaining the property.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the manufactured home and accessory structure, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

With respect to the sixth piece of property located at 458 Grape Street, DeQuincy area, Mr. Crain recommended that the structure be condemned and removed within thirty days.

Mrs. Treme stated that she had talked with the owners of the house, and they were in the process of taking care of the matter.

President Clement asked if there was anyone present in the audience to address the Police Jury with respect to this property and hearing no comments, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously to accept the staff’s recommendation and to adopt the following ordinance:

ORDINANCE NO. 4678

AN ORDINANCE ordering demolition of one house on property located at 458 Grape Street (Lot 31, Block 4, Pine Acres Subdivision; Tax Assessment No. 00220353), DeQuincy area of Ward Six, Calcasieu Parish, Louisiana, and currently owned by Mrs. Eula Ray Dunham, Alma Ruth Dunham, Judith Joy Dunham Christy, and Bonnye Ann Dunham Hebert.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 458 Grape Street (Lot 31, Block 4, Pine Acres Subdivision; Tax Assessment No. 00220353), DeQuincy area of Ward Six, Calcasieu Parish, Louisiana, and currently owned by Mrs. Eula Ray Dunham, Alma Ruth Dunham, Judith Joy Dunham Christy, and Bonnye Ann Dunham Hebert, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22^nd day of January, 2004, and is final unless appealed within five (5) days.

SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

With respect to the seventh piece of property located at 2624 Gulfway Boulevard, Westlake area, Mr. Crain recommended that the structure be condemned and removed within thirty days.

ORDINANCE NO. 4679

AN ORDINANCE ordering demolition of one manufactured home on property located at 2624 Gulfway Boulevard (Lot 46, Block A, Gulfway Pines Subdivision; Tax Assessment No. 00119636), Westlake area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Sam Blaney, Jr. (NMN) and Reliable Financial Service, Inc.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home on property located at 2624 Gulfway Boulevard (Lot 46, Block A, Gulfway Pines Subdivision; Tax Assessment No. 00119636), Westlake area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Sam Blaney, Jr. (NMN) and Reliable Financial Service, Inc., be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22^nd day of January, 2004, and is final unless appealed within five (5) days.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

With respect to the eighth piece of property located at 1055 Hungerford Road, LeBleu Settlement area, Mr. Crain recommended that the structure be condemned and removed within thirty days.

President Clement asked if there was anyone present in the audience to address the Police Jury with respect to this property and hearing no comments, motion was made by Mr. Landry, seconded by Mrs. Griffin and carried unanimously to accept the staff’s recommendation and to adopt the following ordinance:

ORDINANCE NO. 4680

AN ORDINANCE ordering demolition of one manufactured home on property located at 1055 Hungerford Road (Lot 14, Country Meadows Subdivision, Part B; Tax Assessment No. 01152327), LeBleu Settlement area of Ward 8S, Calcasieu Parish, Louisiana, and currently owned by Bobby Lee Ore.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home on property located at 1055 Hungerford Road (Lot 14, Country Meadows Subdivision, Part B; Tax Assessment No. 01152327), LeBleu Settlement area of Ward 8S, Calcasieu Parish, Louisiana, and currently owned by Bobby Lee Ore, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22^nd day of January, 2004, and is final unless appealed within five (5) days.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

With respect to the ninth piece of property located at 308 Goodman Road, Northeast Lake Charles area, Mr. Crain recommended that the structure be condemned and removed within thirty days.

President Clement asked if there was anyone present in the audience to address the Police Jury with respect to this property and hearing no comments, motion was made by Mr. Collins, seconded by Mrs. Griffin and carried unanimously to accept the staff’s recommendation and to adopt the following ordinance:

ORDINANCE NO. 4681

AN ORDINANCE ordering demolition of one house on property located at 308 Goodman Road (Com on W line NW NE 35.9.8, 230 Ft S of NW Cor NW NE, E 158.3 Ft to W/L of R/W of Pub Road, S 100 Ft etc., Subj to R/W on W 30 Ft; Tax Assessment No. 00094072), Northeast Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by Clark Real Estate Enterprises, Inc.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 308 Goodman Road (Com on W line NW NE 35.9.8, 230 Ft S of NW Cor NW NE, E 158.3 Ft to W/L of R/W of Pub Road, S 100 Ft etc., Subj to R/W on W 30 Ft; Tax Assessment No. 00094072), Northeast Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by Clark Real Estate Enterprises, Inc., be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 22^nd day of January, 2004, and is final unless appealed within five (5) days.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

Mr. Crain advised that no action was necessary with regard to the tenth piece of property, located at 898 Willow Springs, North Sulphur area, due to the fact that the structure situated thereon had been removed.

President Clement advised that action was needed on Zoning Case RZ03-002-04 which was a request by Dennis and Cynthia Scott to rezone from C-1 (Light Commercial) to C-3 (Central Business Commercial) to allow mini-warehouses on Herman Road off of Gulf Highway in Ward Three, Police Jury District 7. He further advised that the Planning and Zoning Board had met on Tuesday, January 20, 2004, 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 all drives and parking must be hardsurfaced (concrete or asphalt); and (3) that a security fence must be installed upon completion of the building(s) per phase development.

It was moved by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-002-04 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4682

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Dennis and Cynthia Scott to rezone from C-1 (Light Commercial) to C-3 (Central Business Commercial) to allow mini warehouses on the property described as: Com at a point 499.0 feet E of the NW cor of Lot 5 of Bult Subdivision, a subdivision of a portion of the W/2 of the NW/4 lying W of the centerline of the drainage ditch in S8, T11S, R8W, Louisiana Meridian, as per plat recorded in Plat Book 9, page 71; thence N 89 degs 09' 00" E, along the N line of said Lot 5, a distance of 228.0 feet to the NE cor of said Lot 5; thence Southerly along the centerline of an existing drainage ditch to the SE cor of said Lot 5; thence S 89 degs 09' 00" W, along the S line of said Lot 5, a distance of 299.50 feet; thence N 0 degs 12' 00" E, parallel to the W line of said Lot 5, a distance of 284.92 feet to the poc, containing 1.745 acres m/l.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of January, 2004, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Three of this parish:

From C-1 (Light Commercial) to C-3 (Central Business Commercial) to allow mini warehouses with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that all drives and parking must be hardsurfaced (concrete or asphalt); and 3) that a security fence must be installed upon completion of the building(s) per phase development, on the property described as: Com at a point 499.0 feet E of the NW cor of Lot 5 of Bult Subdivision, a subdivision of a portion of the W/2 of the NW/4 lying W of the centerline of the drainage ditch in S8, T11S, R8W, Louisiana Meridian, as per plat recorded in Plat Book 9, page 71; thence N 89 degs 09' 00" E, along the N line of said Lot 5, a distance of 228.0 feet to the NE cor of said Lot 5; thence Southerly along the centerline of an existing drainage ditch to the SE cor of said Lot 5; thence S 89 degs 09' 00" W, along the S line of said Lot 5, a distance of 299.50 feet; thence N 0 degs 12' 00"E, parallel to the W line of said Lot 5, a distance of 284.92 feet to the poc, containing 1.745 acres m/l.

Zoning Case RZ03-002-04

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/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Clement advised that action was needed on Zoning Case RZ03-001-04 which was a request by Michael and Norma McVey to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to allow a restaurant and future expansion of a non-conforming use (Mary’s Lounge) on Broad Street in Ward Three, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, January 20, 2004, and voted eight (for) to three (against) to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that a parish occupational license must be obtained; (3) that a 6' wooden privacy fence must be installed along the West property line prior to opening of the business; (4) that all parking and driveways must be hardsurfaced (asphalt or concrete); (5) that each driveway must be marked as an entrance or exit; and (6) that the sale of alcohol be limited to low alcohol content (beer).

Motion was made by Mr. Andrepont, seconded by Mr. Landry and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-001-04 and that the request to rezone be granted with the stipulations as outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4683

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Michael and Norma McVey to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to allow a restaurant and future expansion of a nonconforming use (Mary’s Lounge) on the property described as: Lots One (1), Two (2), Three (3) and Four (4) of Block Three (3) of Airport Acres.

From R-2 (Mixed Residential) to C-2 (General Commercial) to allow a restaurant and future expansion of a nonconforming use (Mary’s Lounge with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that a parish occupational license must be obtained; 3) that a 6' wooden privacy fence must be installed along West property line prior to opening of the business; 4) that all parking and driveways must be hardsurfaced (asphalt or concrete); 5) that each driveway must be marked as an entrance or exit; and 6) that the sale of alcohol be limited to low alcohol content (beer), on the property described as: Lots One (1), Two (2), Three (3) and Four (4) of Block Three (3) of Airport Acres.

Zoning Case RZ03-001-04

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Landry and carried unanimously, the following resolution was adopted:

RESOLUTION