May 20, 2004

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, May 20, 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:

Mrs. 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, Tony Stelly, and Alvin Stevens

Absent: Mr. Cornie Moon (out of town)

Also present were Mr. S. Mark McMurry, Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Ed McGuire of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; 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 Mrs. Griffin 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.

Mrs. Griffin asked Mr. Guillory to join her at the podium to present a plaque to Dr. Betty Washington, Principal of Jesse D. Clifton Elementary School, in recognition and honor of being named Calcasieu Parish Elementary School Principal of the Year. Mrs. Griffin stated that Dr. Washington had spent most of her adult life training for the education of children, having earned seven State certifications.

Dr. Washington stated that at Jesse D. Clifton Elementary School, there were 358 of the best students in Calcasieu Parish, as well as 58 of the best faculty and staff. She further stated that without their support, she would not have received this honor. Dr. Washington introduced her two children, grandchildren, and Dr. Jolynn Raetzsch of the school’s faculty.

Motion was made by Mr. Andrepont, seconded by Mr. Stevens and carried unanimously to approve the following applications for liquor and beer permits and to ratify the issuance of the following Special Events Permit: (It was noted that Ordinance No. 4725 adopted by the Police Jury on May 6, 2004, included a stipulation for the rezoning of property for Big Reds II which prohibited the sale of hard liquor as defined by current State law.)

WARD III

Southern Trading Corporation

Lanis J. Viator, President

CASH MAGIC FUEL STOP 36

108 Hwy. 397, Suite B

Lake Charles, LA 70615 Liquor & Beer $135.00

(Calvin Collins District)

WARD IV

S Nelson, Inc.

Shane Nelson, President

BIG REDS II*

861 East Houston River Road

Sulphur, LA 70663 Liquor & Beer $135.00

(Hal McMillin’s District)

TOTAL REMITTANCE: $270.00

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

INDUSTRIAL VALVE SALES & SERVICE, INC.

Grand Opening Celebration (Crawfish Boil)

May 27, 2004

1336 Swisco Road, Sulphur, LA 70665

Martha Monceaux, Organizer

(Mike Danahay’s District)

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

Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Collins and carried unanimously, the minutes of the Special Meeting of the Police Jury dated April 29, 2004, were approved, and the reading of same was dispensed with.

It was moved by Mr. Andrepont, seconded by Mr. Danahay and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated April 22, 2004.

President Clement advised that action was needed on Zoning Case RZ03-011-04 which was a request by Ash Management to rezone from I-1 (Light Industrial) to I-2 (Heavy Industrial) to allow bulk storage at 401 Bunker Road in Ward Three, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, May 18, 2004, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development.

Motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-011-04 and that the request to rezone be granted with the stipulation outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4746

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Ash Management to rezone from I-1 (Light Industrial) to I-2 (Heavy Industrial) to allow bulk storage on the property described as: A tract of land situated in the SW/4 of S35, T9S, R8W, Calcasieu Parish, Louisiana and described as follows: Com at the NE intersection of Bunker Road and Vincent Street and running N along the E right of way line of Bunker Road a distance of 100 feet to the pob, thence running N 89 degs 34’ 49” E 600 feet, thence running N 01 degs 16’ 06” W 287.93 feet, thence running S 89 degs 46’ 40” W 600 feet, thence running S along the E right of way line 290.0 feet to the poc.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20^th day of May, 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 I-1 (Light Industrial) to I-2 (Heavy Industrial) to allow bulk storage with the following stipulation: 1) that the development adhere to the site plan on file with the Division of Planning and Development, on the property described as: A tract of land situated in the SW/4 of S35, T9S, R8W, Calcasieu Parish, Louisiana and described as follows: Com at the NE intersection of Bunker Road and Vincent Street and running N along the E right of way line of Bunker Road a distance of 100 feet to the pob, thence running N 89 degs 34’ 49” E 600 feet, thence running N 01 degs 16’ 06” W 287.93 feet, thence running S 89 degs 46’ 40” W 600 feet, thence running S along the E right of way line 290.0 feet to the poc.

Zoning Case RZ03-011-04

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 RZ04-009-04 which was a request by Palermo Realty, Inc., to rezone from C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development (house) on Houston River Road in Ward Four, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, May 18, 2004, and voted unanimously to recommend that the request be granted.

Upon motion made by Mr. McMillin, which was duly seconded by Mr. Kleckley and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ04-009-04 and the request to rezone was granted; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4747

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Palermo Realty, Inc. to rezone from C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development (house) on the property described as: Showing a survey of Lot 2 of Block “C” of Sandy Pines Subdivision located in the W/2 of the NW/4 of S13, T9S, R10W, Calcasieu Parish, Louisiana, as per plat recorded in Plat Book 20 at page 35, records of Calcasieu Parish, Louisiana.

From C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development (house) on the property described as: Showing a survey of Lot 2 of Block “C” of Sandy Pines Subdivision located in the W/2 of the NW/4 of S13, T9S, R10W, Calcasieu Parish, Louisiana, as per plat recorded in Plat Book 20 at page 35, records of Calcasieu Parish, Louisiana.

Zoning Case RZ04-009-04

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

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

President Clement advised that action was needed on Zoning Case RZ03-013-04 which was a request by AKN Realty, Inc. to rezone from C-1 (Light Commercial) to C-2 (General Commercial) and I-1 (Light Industrial) to allow mini-warehouses, contractor shop, and storage facility on Country Club Road in Ward Three, Police Jury District 8. He further advised that the Planning and Zoning Board had met on Tuesday, May 18, 2004, and voted eight (for) and one (against) to recommend that the request be granted with the following stipulations: (1) that development adhere to the site plan on file with the Division of Planning and Development; (2) that all drives and required parking must be hardsurfaced (concrete, asphalt or cal-base); and (3) that any new development must have landscaping approved by the Division of Planning and Development.

It was moved by Mr. Andrepont, seconded by Mr. Kleckley and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-013-04 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4748

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by AKN Realty, Inc. to rezone from C-1 (Light Commercial) to C-2 (General Commercial) and I-1 (Light Industrial) to allow mini warehouses, contractor shop and storage facility (1.46 acres) on the property described as: Showing a survey commencing 100 ft. E of the SW cor of the W/2 of the E/2 of Lot 13 (said Lot 13 being the SE/4 of SE/4) of S22, T10S, R9W, E 233 feet, along the S line of Section 22, thence N parallel to the E side of Section 22, 646 feet, thence W 233 feet, thence S 646 feet to poc.

From C-1 (Light Commercial) to C-2 (General Commercial) and I-1 (Light Industrial) to allow mini warehouses, contractor shop and storage facility (1.46 acres) 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 required parking must be hardsurfaced (concrete, asphalt or cal-base); and 3) that any new development must have landscaping approved by the Division of Planning and Development, on the property described as: Showing a survey commencing 100 ft. E of the SW cor of the W/2 of the E/2 of Lot 13 (said Lot 13 being the SE/4 of SE/4) of S22, T10S, R9W, E 233 feet, along the S line of Section 22, thence N parallel to the E side of Section 22, 646 feet, thence W 233 feet, thence S 646 feet to poc.

Zoning Case RZ03-013-04

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

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

President Clement advised that no action was necessary on Zoning Case RZ02-012-04 which was a request by Charles Montgomery to rezone from I-1 (Light Industrial) to R-M (Multi-Family Residential) to allow residential development (five duplexes) on Highway 397 in Ward Two, Police Jury District 1, due to the fact that the request to rezone had been withdrawn.

President Clement advised that action was needed on Zoning Case RZ03-038-03 which was a request by Della Vick to revise zoning use from auto paint and body shop and accessories to allow limited C-2 (General Commercial) development (auto/truck sales service and rental, laundries and linen, farm equipment sales, and printing and engraving business) at 2017 West Prien Lake Road in Ward Three, Police Jury District 8. President Clement further advised that the Planning and Zoning Board had met on Tuesday, May 18, 2004, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that development adhere to the site plan on file with the Division of Planning and Development; (2) that all drives and parking must be asphalt; and (3) that only a pickup/drive thru station be allowed for the dry cleaning business.

Upon motion made by Mr. Kleckley, which was duly seconded by Mr. Landry and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ03-038-03 and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4750

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Della Vick to revise zoning use from auto paint and body shop and accessories to allow limited C-2 (General Commercial) development (auto/truck sales service and rental, laundries and linen, farm equipment sales, and printing and engraving business) on the property described as: Com 30 feet S of the center line of Prien Lake Road, being the NW cor of the W/2 of the SE/4 of the NE/4 of S14, T10S, R9W, Calcasieu Parish, Louisiana, thence S along the E line of Heard Road a distance of 100 feet, thence E 100 feet, thence N 100 feet, thence W 100 feet to poc.

From auto paint and body shop and accessories to allow limited C-2 (General Commercial) development (auto/truck sales service and rental, laundries and linen, farm equipment sales, and printing and engraving business) 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 asphalt; and 3) that only a pickup/drive thru station be allowed for the dry cleaning business, on the property described as: Com 30 feet S of the center line of Prien Lake Road, being the NW cor of the W/2 of the SE/4 of the NE/4 of S14, T10S, R9W, Calcasieu Parish, Louisiana, thence S along the E line of Heard Road a distance of 100 feet, thence E 100 feet, thence N 100 feet, thence W 100 feet to poc.

Zoning Case RZ03-038-03

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 no action was needed on Zoning Case RZ08-010-04 which was a request by Sheila and James Screws to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow a lounge at 6072 Chaisson Road in Ward Eight, Police Jury District 10, due to the fact that the request had been withdrawn.

Motion was made by Mr. Danahay, seconded by Mr. Manuel and carried unanimously that the following resolution be adopted:

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, by Michael A. and Bridget Hinton to construct and maintain a timber boathouse, deck and wharves. The proposed structures are to be located within an area approximately 80-feet long by 40-feet wide, extending lengthwise, perpendicular to the mean low water shoreline, the outer edge to be about 108-feet there from. Said project is located along the southern bank at the confluence of the Calcasieu River and Prien Lake, near Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Michael A. and Bridget Hinton relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of the City of Lake Charles.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20^th day of May, 2004, that it does hereby indicate no objection to the proposal of Michael A. and Bridget Hinton to construct and maintain a timber boathouse, deck and wharves. The proposed structures are to be located within an area approximately 80-feet long by 40-feet wide, extending lengthwise, perpendicular to the mean low water shoreline, the outer edge to be about 108-feet there from. Said project is located along the southern bank at the confluence of the Calcasieu River and Prien Lake, near Lake Charles, in Calcasieu Parish, Louisiana.

BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.

BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.

THUS PASSED AND ADOPTED on the date above inscribed.

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

It was moved by Mrs. Treme, seconded by Mr. McMillin and carried unanimously to adopt the following ordinance:

ORDINANCE NO. 4751

AN ORDINANCE rescinding Ordinance No. 4705, adopted by the Police Jury on April 1, 2004, which ordered demolition of one house on property located at 1595 Hargrove Loop (Lots 16, 17, Martin Acres, a subdivision of SW SE 2.7.11; Tax Assessment No. 00233935), DeQuincy area of Ward Six, Calcasieu Parish, Louisiana, and currently owned by Cecil Bluit Smith.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20^th day of May, 2004, that it does hereby rescind Ordinance No. 4705, adopted by the Police Jury on April 1, 2004, which ordered demolition of one house on property located at 1595 Hargrove Loop (Lots 16, 17, Martin Acres, a subdivision of SW SE 2.7.11; Tax Assessment No. 00233935), DeQuincy area of Ward Six, Calcasieu Parish, Louisiana, and currently owned by Cecil Bluit Smith, since the property owner has donated the condemned structure to Gary and Vickie Fee, who have made arrangements to move the structure to property located on Koonce Road for repair.

BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.

BE IT FURTHER ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.

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 Mr. Kleckley, which was duly seconded by Mr. Stelly and carried unanimously, the following resolution was adopted:

RESOLUTION

A RESOLUTION stating the Calcasieu Parish Police Jury’s endorsement of Conoco Phillips Company, to participate in the benefits of the Louisiana Enterprise Zone Program for the company’s S Zorb Sulfur Removal Technology project.

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

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

WHEREAS, the business is located within Census Tract 27, Block Group 3; and

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

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

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

1. To participate in the Enterprise Zone Program.

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

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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular and legal session convened on the 20^th day of May, 2004, that Conoco Phillips Company, Enterprise Zone Application #20030321, is endorsed to participate in the Louisiana Enterprise Zone Program, for the company’s S Zorb Sulfur Removal Technology project.

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

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

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

Motion was made by Mr. Manuel, seconded by Mr. Guillory and carried unanimously that the following ordinance be adopted:

ORDINANCE NO. 4752

WHEREAS, on September 4, 2003, the Calcasieu Parish Police Jury adopted Ordinance No. 4615 which authorized the sale of adjudicated property described as: Lots 11, 12 Charles Sub; (AP03-116-03; Tax Assessment No. 440590); 2330 9^th Street in Ward Three, Lake Charles, Louisiana, to Mr. Gregory D. Brooks for the sum of $8,000.00 (eight thousand dollars) cash; and

WHEREAS, the above described property had improvements (one house) situated thereon, which was demolished by the City of Lake Charles, prior to the closing of the sale; and

WHEREAS, the value of the property without improvements (one house) is now considerably less than at the time that Mr. Brooks submitted his original offer; and

WHEREAS, Mr. Brooks submitted an alternate offer for the property (without any improvements) in the amount of $3,000.00 (three thousand dollars) cash; and

WHEREAS, it is the recommendation of the Director of the Division of Planning and Development that given the circumstances outlined heretofore, it is in the best interest of the Parish to accept the alternate offer of Mr. Gregory D. Brooks in the amount of $3,000.00 (three thousand dollars) cash for the sale of this parcel of adjudicated property.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby amend Ordinance No. 4615 to stipulate that authorization for the sale of property described as: Lots 11, 12 Charles Sub; (AP03-116-03; Tax Assessment No. 440590); 2330 9^th Street in Ward Three, Lake Charles, Louisiana, to Mr. Gregory D. Brooks for the sum of $3,000.00 (three thousand dollars) in order to complete the sale of this property.

BE IT FURTHER AND FINALLY ORDAINED that all remaining portions of Ordinance No. 4615 shall remain in full force and effect with respect to the sale of the property to Mr. Gregory D. Brooks.

This ordinance was adopted on the 20^th day of May, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

With reference to the foregoing ordinance, Mr. Landry asked how this could have happened, to which Mr. Vickers explained that the process of selling a piece of adjudicated property took several months and that the City of Lake Charles may have attempted to notify the previous property owner during the time the Police Jury had authorized the sale of the property.

Mr. Landry asked if in the future there could be better communication between the Parish and City with respect to these properties, and Mr. Vickers advised that he had asked the City to notify the Parish prior to condemning and/or demolishing a structure which might be going through the process of being sold as adjudicated property. Mr. Vickers pointed out that a number of properties had been brought back into commerce through the adjudicated property program and that this was the first occurrence of this kind.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby amend the current procedure and ordinances relative to disposition of adjudicated properties to provide that if all requirements for closing the sale of a piece of property are not completed within six months from the date the original ordinance conveying such property is adopted, the President of the Police Jury or the Director of the Division of Planning and Development may administratively grant an extension of time past the six-month period, with such extension not to exceed 90 days, and providing that in the event it should become necessary, this amendment would apply retroactively.

THUS DONE AND PASSED on the date above inscribed.

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

It was moved by Mr. Kleckley, seconded by Dr. Mackey and carried unanimously to adopt the following resolution:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby approve a Cooperative Endeavor Agreement between the Police Jury and the City of Lake Charles wherein the Parish will provide and prepare the initial engineering and right-of-way plans related to the eastward extension of East McNeese Street, from Highway 14 to Louisiana Highway 397, which includes that portion of the road which is situated within the city limits.

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 DONE AND PASSED on the date above inscribed.

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

With reference to the foregoing resolution, Mr. Stevens asked if there were any plans to extend Corbina Road to tie into McNeese Street. Mr. Smart stated that was part of the Parish’s long-range plans and that it would require the cooperation of the City of Lake Charles. He further stated that with the City’s cooperation, it could be done sometime in the next three years.

Motion was made by Mr. Manuel, seconded by Mr. Stelly and carried unanimously that the following resolution be adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby approve a Cooperative Endeavor Agreement between the Police Jury and the City of Lake Charles wherein the City will transfer one 200-gallon tank skid unit with pump for use by the Calcasieu Parish Office of Emergency Preparedness.

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 DONE AND PASSED on the date above inscribed.

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

With reference to the foregoing resolution, it was noted that this equipment was used for woodlands firefighting and was no longer being used by the City of Lake Charles.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby approve the renewal of a contract between the Police Jury and Solutions EAP related to the continuation of the employee assistance program for the period of July 1, 2004, through June 30, 2007.

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 DONE AND PASSED on the date above inscribed.

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

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby approve the creation of a declared unit related to Braden No. 1 Well being operated by Mayne & Mertz, Inc. in Section 5, Township 11 South, Range 9 West, in Ward Three, for the purpose of pooling and combining portions of lands and mineral interests covered and affected by oil, gas, and mineral leases so as to promote the conservation of oil and/or gas in and under these lands in order to prevent waste and to avoid the drilling of unnecessary wells.

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 DONE AND PASSED on the date above inscribed.

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

Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the following resolutions be approved as requested by the Office of Juvenile Justice Services:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby authorize the Director of the Office of Juvenile Justice Services to negotiate on terms and conditions that she may deem advisable a contract or contracts in an amount up to $15,000 with Robert L. Marsh, Ph.D., to conduct an evaluation of the Juvenile Drug Court Treatment Program, as required by federal and state funding sources.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby authorize the Office of Juvenile Justice Services to submit an updated plan, and any revisions thereafter, to the Louisiana State University’s Office of Social Services Research and Development which outlines the duties and responsibilities of the collaboration between the Calcasieu Parish Police Jury, the City of Lake Charles, the Calcasieu Parish School Board, local law enforcement agencies, and state service agencies in the continuation of the Truancy Assessment and Service Center, authorize the Director of the Office of Juvenile Justice Services to negotiate on the terms and conditions of a contract or contracts between the Police Jury and the Board of Supervisors of Louisiana State University for the continuation of the Truancy Assessment and Service Center.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the cost of the award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby authorize the Office of Juvenile Justice Services to submit a grant application up to $4,000 to the Children’s Miracle Network to deliver and enhance existing delinquency prevention and intervention programs.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby authorize the Office of Juvenile Justice Services to submit a continuation grant application, and any revisions thereafter, to the Louisiana Commission on Law Enforcement, Office of Juvenile Justice and Delinquency Prevention-Title V-Mental Health Program, in the amount of up to $25,000 to continue a mental health program for at-risk youth and families, with a match of fifty percent in volunteer hours and local funds being provided.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby authorize the Office of Juvenile Justice Services to submit a continuation grant application, and any revisions thereafter, to the Louisiana Commission on Law Enforcement, Office of Juvenile Justice and Delinquency Prevention-Family Services Case Manager, in an amount up to $25,000 for the Family Services Case Manager, which identifies problems and needs of juvenile offenders and establishes a family service plan that coordinates community resources.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby authorize the Office of Juvenile Justice Services to submit a continuation grant application, and any revisions thereafter, to the Louisiana Commission on Law Enforcement, Office of Juvenile Justice and Delinquency Prevention-Family Counselor, for an amount up to $25,000 for the family services program which provides therapeutic intervention to at-risk juveniles and their families to avoid entering the juvenile justice system.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby authorize the Office of Juvenile Justice Services to submit a continuation grant application, and any revisions thereafter, to the Louisiana Commission on Law Enforcement, Crime Victims Assistance-Case Management, (a case manager will assist victims of child abuse with obtaining the needed services to recover from behavioral effects associated with victimization), in an amount up to $40,000, with 20% matching funds from volunteer hours.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby authorize the Office of Juvenile Justice Services to submit a continuation grant application, and any revisions thereafter, to the Louisiana Commission on Law Enforcement, Crime Victims Assistance-Counseling Program, (the program will assist victims of child abuse with recovering from effects associated with violence), in an amount up to $30,000, with 20% matching funds from volunteer hours.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

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

THUS DONE AND PASSED on the date above inscribed.

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Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the President of the Police Jury be authorized to execute the necessary documents for acquisition of right-of-way from Joseph Rodney Henry on Miracle Lane in Ward Three, in accordance with criteria established by the Police Jury and the recommendation of the Parish Engineer.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20^th day of May, 2004, that it does hereby ratify the Local Government Proclamation of Pending State of Emergency signed by President Clement on May 14, 2004, with reference to the damage caused by heavy rains in the Parish of Calcasieu. The Proclamation reads as follows:

LOCAL GOVERNMENT PROCLAMATION OF

PENDING STATE OF EMERGENCY

WHEREAS, due to the recent heavy rains, widespread property damage may result from flooding of most water ways in the Parish of Calcasieu; and

WHEREAS, immediate emergency action is required to minimize the adverse effects or the potential adverse effects to property in the Parish of Calcasieu; and

WHEREAS, the control of ingress and egress to the affected area, namely the Calcasieu River and its tributaries north and east of the Saltwater Barrier, is necessary for public safety and protection of property, and is authorized pursuant to the Louisiana Emergency Assistance and Disaster Act, Section 727 F (7), which controls “ingress and egress to and from the affected area, the movement of persons within the area, and the occupancy of premises”; and

WHEREAS, the area involved is in need of emergency action, support and funding to respond to this flooding event.

NOW, THEREFORE, I Brent Clement, President of the Calcasieu Parish Police Jury, by the authority vested in me by the Louisiana Emergency Assistance and Disaster Act of 1993, as amended, which may prevail, do hereby proclaim a State of Emergency to exist in the Parish of Calcasieu and do hereby certify that all Emergency Preparedness emergency plans have been activated. It is further announced that Richard J. Gremillion has been designated as the point of contact for all responsible activities relating to this emergency.

BE IT FURTHER PROCLAIMED that the Calcasieu Parish Sheriff’s Department is hereby authorized to control the ingress and egress to the affected area, namely the Calcasieu River and its tributaries north and east of the Saltwater Barrier, in accordance with the Louisiana Emergency Assistance and Disaster Act, Section 727 F (7), as outlined heretofore, throughout the duration of this emergency.

THIS PROCLAMATION ISSUED THIS 14^th DAY OF MAY 2004, AND EFFECTIVE AT TIME OF ISSUANCE.

/s/ Brent Clement

Calcasieu Parish Police Jury, President

Brent Clement

/s/ Richard J. Gremillion

Office of Emergency Preparedness, Director

Richard J. Gremillion

THUS DONE AND PASSED on the date above inscribed.

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With reference to the foregoing resolution, Mr. McMillin expressed his appreciation for the timeliness in which President Clement had responded in issuing the proclamation due to the potential danger to people and property from the heavy rains.

It was moved by Mr. Stelly, seconded by Mr. Guillory and carried unanimously to adopt the following resolution: (It was noted that a determination needed to be made as to which Police Jury district the members of the Board would represent. The nomination structure for the Board: District 4 – 1 member, District 10 – 4 members. Current members of Board: Gene Cradeur, Bernard Habetz, Norma Young, Joyce Doucet, all of whom live in District 10, and Vic Guidry, who lives in District 4.)

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20^th day of May, 2004, that it does hereby reappoint Mr. Bernard Habetz, as a member of the Board of Commissioners of Recreation District No. One of Ward Eight, said term to expire May, 2009.

BE IT FURTHER RESOLVED that, in accordance with state law, the above referred to appointee shall be administered an oath of office by any judge, justice of the peace, clerk of court, or notary public duly appointed and qualified in the State of Louisiana.

BE IT FURTHER RESOLVED that the above-named appointee shall be administered the oath of office within thirty days following receipt of this resolution.

THUS PASSED AND ADOPTED on the date above inscribed.

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Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the proposal of Emerge Systems of Louisiana, LLC in the total amount of $60,800.00 be accepted for emergency notification systems integration for use by the Office of Homeland Security and Emergency Preparedness, said proposals having been received by the Parish Purchasing Agent on May 12, 2004.

Upon motion made by Mrs. Griffin, which was duly seconded by Mrs. Treme and carried unanimously, the Parish Purchasing Agent was authorized to advertise for bids for concrete revetment mats to be used by the Division of Engineering and Public Works at various parish parks and drainage improvement locations.

President Clement advised that a response had been received from U. S. Senator John Breaux regarding the Police Jury’s resolution adopted March 4, 2004, in support of the Port of Lake Charles’ efforts in reinstating full federal funding of the FY05 Energy and Water Appropriations Bill for dredging operations along the Calcasieu River Ship Channel.

President Clement also advised that a response had been received from U. S. Senator Mary Landrieu regarding the Police Jury’s resolution adopted April 22, 2004, in support of full funding for the Mosquito Abatement for Safety and Health (MASH) Act which established a matching grant program through the Center for Disease Control (CDC) for states and localities to create or maintain an existing mosquito control program.

President Clement advised that a response had been received from Governor Kathleen Blanco’s office regarding the Police Jury’s resolution adopted April 29, 2004, in opposition to House Bill No. 186 of the 2004 Regular Session of the Legislature which would authorize gaming on the Sabine River and Sabine Lake.

The hour being 5:48 p.m., President Clement declared a 12-minute recess prior to action scheduled to be taken at 6:00 p.m.

Following the recess, President Clement called the meeting back to order at 6:00 p.m. and advised that a public hearing would be held at this time, as a result of notice provided to the owners 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) UNPAVED ROAD NORTHSIDE OF CALCASIEU AVENUE, Moss Bluff area, ½ of Abnd Emma St Betw Blks 3, 4 Gayle Subdivision of S ½ NE 32.8.8 and E 23 Ft of Lot 6 and 8, Blk 10, Edwin F. Gayle Subdivision, Ward 1, Calcasieu Parish, Louisiana (one manufactured home) Owner: Kathaleen Sue White, P O Box 223, Starks, LA 70661, TA# 00011371 (Police Jury District 1);

(2) GOODRICH ROAD, Carlyss area, E/2 Lot 7, Desilyn Subdivision Less S 106.84 Ft, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Keith Allan Hamilton, et ux, 5905 Corbina Road # 1, Lake Charles, LA 70607, TA# 01353371 (Police Jury District 12);

(3) PRIVATE ROAD OFF HARGROVE LOOP, DeQuincy area, W ½ of Com at SE Cor of W ½ NW 2.7.11 TH N 89 Deg 48 Min W 651.63 Ft for a Pt of Beg-TH continue N 89 Deg 48 Min W 651.63 Ft TH N 0 Deg 43 Min W 1310.50 Ft etc., Ward 6, Calcasieu Parish, Louisiana (one manufactured home) Owners: Wayne Norris Craft, et ux, 1190 Monk Dickerson Road, DeQuincy, LA 70633 and City Savings Bank & Trust Company, P O Box 550, DeRidder, LA 70634, TA# 00536695 (Police Jury District 11);

(4) 1004 PRYOR STREET, Mossville area, Com 320 Ft N of SE Cor Lot 1 (Tritico Survey) Sub of Tract Com 210 Ft E of SW Cor NE SW 29.9.9, N 670 Ft E 607.1 Ft, S 662 Ft W 607.1 Ft to Com TH N 80 Ft W 202.7 Ft etc Less 40 Ft Private Rd off W, Ward 4, Calcasieu Parish, Louisiana (one house) Owner: Manuel Pryor, 1004 Pryor Street, Sulphur, LA 70663, TA# 00170593 (Police Jury District 14);

(5) 3515 QUIBODEAUX, West Sulphur area, Com at Pt 251.33 Ft W of NE Cor SE SE 34.9.11, said Pt being NW Cor Phyllis Breaux’s Prop, S approximately 295 Ft to N/L of Ricky Fuller’s Prop, W 147.65 Ft to E/L Property Purchased by Patrick and Toni Townzen, N 295 Ft, E 147.65 Ft to NW Cor Phyllis Breaux’s Property being the Pt of Com 1 AC, etc., Ward 7, Calcasieu Parish, Louisiana (three manufactured homes and one manufactured home with addition) Owners: Kenneth Paul & Helen Jean Lyons, et al, 3053 W Hwy 90, Sulphur, LA 70663 and Patrick and Toni C. Townzen, 901 S. Huntington, Sulphur, LA 70663, TA# 00238503 (Police Jury District 12);

(6) 2537 RED DAVIS MCCOLLISTER ROAD, Southeast Lake Charles area, Lot 1, Higgins Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Paul Wiltz Higgins, et ux, c/o Don Higgins, 5065 Prien Lake Road, Lake Charles, LA 70605, TA# 00076252 (Police Jury District 10);

(7) 1215 SARA STREET, West Sulphur area, E 2 Ft Lot 2, All Lot 3 and W 48 Ft Lot 4, Fernest Picard Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Dewey & Ida O’Quinn, 1215 Sara Street, Sulphur, LA 70663, TA# 00165662 (Police Jury District 13); and

(8) 110 WEST STREET, DeQuincy area, Lot 12, Blk 3, Ben Bennett Subdivision, Ward 6, Calcasieu Parish, Louisiana (one house and one accessory structure) Owner: Ora Thomas, P O Box 14, DeQuincy, LA 70633, TA# 00222240 (Police Jury District 11).

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

Mr. Wes Crain, Assistant Director of Development, advised that no action was necessary on the sixth and eighth pieces of property (as outlined above) and with respect to the remaining parcels, he recommended that the structures situated thereon be condemned and removed within thirty days.

President Clement asked if there was anyone present in the audience to address the Police Jury with reference to any of these properties and hearing no comments, motion was made by Mr. Manuel and seconded by Mrs. Griffin to approve the staff’s recommendation and to adopt condemnation ordinances on all properties for which action was needed.

With reference to the third piece of property located on a private road off Hargrove Loop in the DeQuincy area, Mrs. Treme questioned if thirty days was sufficient. Mr. Crain stated that the structure was an abandoned trailer which was open to the public and that the property owners had been properly notified.

Mr. Manuel asked if anyone was living in the manufactured home located on an unpaved road northside of Calcasieu Avenue in the Moss Bluff area, and Mr. Crain stated there was no one living there and that no response to the Parish’s notification had been received from the owner of the property.

A vote was taken on the motion on the floor which was to approve the staff’s recommendation and to adopt condemnation ordinances on all properties for which action was needed, and the motion carried unanimously; whereupon, the following ordinances were adopted:

ORDINANCE NO. 4753

AN ORDINANCE ordering condemnation and demolition of one manufactured home on property located on an unpaved road on the Northside of Calcasieu Avenue ( ½ of Abnd Emma St Betw Blks 3, 4 Gayle Subdivision of S ½ NE 32.8.8 and E 23 Ft of Lot 6 and 8, Blk 10, Edwin F. Gayle Subdivision; Tax Assessment No. 00011371), Moss Bluff area of Ward One, Calcasieu Parish, Louisiana, and currently owned by Kathaleen Sue White.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20^th day of May, 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 on an unpaved road on the Northside of Calcasieu Avenue ( ½ of Abnd Emma St Betw Blks 3, 4 Gayle Subdivision of S ½ NE 32.8.8 and E 23 Ft of Lot 6 and 8, Blk 10, Edwin F. Gayle Subdivision; Tax Assessment No. 00011371), Moss Bluff area of Ward One, Calcasieu Parish, Louisiana, and currently owned by Kathaleen Sue White , 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 20^th day of May, 2004, and is final unless appealed within five (5) days.

SECTION 2. If the manufactured home on the premise