June 17, 2004

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, June 17, 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 Messrs. Calvin Collins, Mike Danahay, Tony Guillory, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Cornie Moon, Tony Stelly, and Alvin Stevens

Absent: Mr. Francis Andrepont, Mr. Hal McMillin, and Mrs. Sandra J. Treme (all out-of-town)

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; Mr. Andy Johnson, of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mrs. Kathy P. Smith, Recording Secretary; 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 led by Mr. Manuel. 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.

Mr. Moon was granted a point of personal privilege to recognize his granddaughter, Edie Moon, and his wife, Bobbie Moon, who were both present in the audience.

President Clement advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2004-07 (Pavement Striping of Various Roads in Wards 1, 2, 3, 4, 5, 6, 7 and 8 of Calcasieu Parish, Louisiana).

Mr. McMurry then proceeded to open the following bids:

Stars and Stripes Traffic Systems, LLC $169,974.25

Pavement Markings Company $194,663.25

Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the bids be referred to the Parish Engineer for final tabulation, with further action thereon to be taken at the Regular Meeting of the Police Jury on July 1, 2004.

It was moved by Mr. Danahay, seconded by Dr. Mackey and carried unanimously to suspend the rules by a two-thirds majority vote to adopt the following resolution of condolences:

Resolution in Memoriam

Mr. Algie Breaux

WHEREAS, the life and outstanding service of Mr. Algie Breaux, former Calcasieu Parish Police Juror, are engraved on memory’s table, and he will be remembered affectionately by those who proudly knew him; and

WHEREAS, Mr. Breaux served three terms on the Calcasieu Parish Police Jury, from 1992 to 2004, serving as President in 1994 and Vice-President in 1999; and

WHEREAS, he served on numerous Police Jury Committees and was liaison to the Town of Iowa, emergency preparedness, justice system, law enforcement agencies, and many special service districts within Calcasieu Parish; and

WHEREAS, Mr. Breaux served the State of Louisiana as Chairman of the Louisiana Police Jury Association’s Fire Protection and E.M.S. Committee and was elected Third Vice-President of the Association’s Executive Board; and

WHEREAS, Mr. Breaux retired from the Lake Charles Fire Department in 1990 after 33 years of service, including 11 years as Fire Chief, following which he served as Fire Chief of the district serving the Hayes/Bell City/Holmwood area, and the Cajun Country Fire Department which serves south Lake Charles; and

WHEREAS, he was instrumental in raising the fire rating of both districts, thus lowering homeowners’ insurance premiums, and he was also responsible for procuring much-needed equipment for the fire districts he served; and

WHEREAS, Mr. Breaux was a member of numerous organizations, serving two terms as President of the Southwest Division of the International Association of Fire Chiefs, as well as President of the Louisiana State Firemen’s Association and the Louisiana Fire Chiefs Association, and he was an instructor with the Texas A & M Municipal Fire School, LSU Municipal Fire School, and Lamar University Fire School; and

WHEREAS, Mr. Breaux was well-known for his love of music, as well as his dedication to and support of firefighters and law enforcement workers, and he was especially concerned with improving the quality of life for the senior citizens of our Parish; and

WHEREAS, Mr. Breaux will long be remembered for his untiring efforts, and accomplished and dedicated service, which resulted in the betterment of his community, parish, and state, and for his genuine love for his family and fellow man; and

WHEREAS, in his passing, the Parish of Calcasieu feels the loss of an outstanding public-spirited citizen and friend who will be greatly missed.

NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 17^th day of June, 2004, that it does hereby express sincere regret in the passing of Mr. Algie Breaux.

BE IT FURTHER RESOLVED that this memorial shall be presented to the family of Mr. Breaux in heartfelt sympathy and condolences and shall be spread upon the minutes of the Calcasieu Parish Police Jury in loving and respectful memory of an esteemed colleague and dear friend.

/s/ Brent Clement, President

Calcasieu Parish Police Jury

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Secretary

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President Clement stated that Mr. Breaux had been a very colorful and outgoing person whom everybody knew and respected and that Mr. Breaux had “stuck to his guns” when it came to issues on which he had formed strong opinions.

Dr. Mackey stated that the thing he remembered most about Mr. Breaux was his love of music and that every time there was a conference event which included a live band, Mr. Breaux would just “light up” and often perform with them. Dr. Mackey further stated that Mr. Breaux always loved to dance which he felt said a lot about the kind of person he was.

Mr. Manuel referred to occasions during Police Jury meetings in the past when it came time to vote, Mr. Breaux frequently asked for clarification as to what a “yes” vote really meant, for example, when the Police Jury was voting on a motion to uphold the recommendation of the Planning and Zoning Board, and said board had voted to deny a zoning request, a “yes” vote by the Police Jury was actually a “no” vote on the request. Mr. Manuel stated that Mr. Breaux enjoyed life and dearly loved his fire department(s).

Mrs. Griffin stated that Mr. Breaux had made her job as a juror much easier because she was never in doubt as to how to vote.

Mr. Kleckley pointed out that the Bell City Fire Department and the South Ward Three Fire Department were probably two of the finest in the Parish and that Mr. Breaux had done a great job organizing both. Mr. Kleckley stated that the two departments had fine equipment and that Mr. Breaux had been the driving force in obtaining the equipment.

Mr. Moon advised that Mr. Breaux had also provided a lot of leadership for the Police Jury on the State level as a long-time member of the Executive Board of the Louisiana Police Jury Association, pointing out that he had spent many hours serving the Parish through the State organization.

Motion was made by Mrs. Griffin, seconded by Mr. Danahay and carried unanimously that the following application for a liquor and beer permit be approved:

WARD III

Fuel Stop 36, Inc.

Robert Christman — Sec.

DOUBLE DIAMOND CASINO

108 Hwy 397, Suite B

Lake Charles, LA 70615 Liquor & Beer $135.00

(Calvin Collins’ District)

TOTAL REMITTANCE:

$135.00

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Upon motion made by Mr. Danahay, which was duly seconded by Mr. Stevens and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated May 20, 2004, were approved, and the reading of same was dispensed with.

President Clement advised that action was needed on Zoning Case RZ01-015-04 which was a request by Krause and Managan Lumber Company to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision on Sutherland Road in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, June 15, 2004, and voted ten (for) to one (against) to recommend that the request be granted.

Motion was made by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-015-04 and that the request to rezone be granted; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4766

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Krause and Managan Lumber Company to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision on the property described as: SW/4, NE/4 of S2, T9, R9.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17^th day of June, 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 One of this parish:

From A-1 (Agricultural) to R-1 (Single Family Residential) to allow a residential subdivision, on the property described as: SW/4, NE/4 of S2, T9, R9.

Zoning Case RZ01-015-04

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

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President Clement advised that action was needed on Road Abandonment Case RA01-002-04 which was a request by Mr. Jack Manuel for abandonment of the south 105 feet of Georgia Road in Ward One, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, June 15, 2004, and voted unanimously to recommend that the request be granted. President Clement also advised that the staff had recommended that the request be denied on the advisement from the Parish Engineer that the ditches on both sides of the road provided drainage to the neighborhood.

It was moved by Mr. Collins and seconded by Mrs. Griffin that the recommendation of the Planning and Zoning Board be overturned and that the request to abandon be denied.

Mr. Vickers explained that part of the planning staff’s internal review process in such a request was to consult with the Division of Engineering and Public Works and in doing so, they advised that the road was still needed as a public road in order to facilitate drainage in that area. Mr. Vickers advised that the planning staff had concurred with this advice and recommended to the Planning and Zoning Board that the request be denied and even though the Board had approved the request, it was still the staff’s position that it should be denied. Mr. Vickers referred to a plat and a photograph in the jurors’ agenda packets which substantiated the reasoning behind the staff’s position.

Mr. Jack Manuel, 720 You Winn Road, Moss Bluff, appeared before the Police Jury and stated that the person from whom he had purchased this piece of property (on the east and west side of the end of Georgia Road) had told him he had maintained the right-of-way for 25 years. Mr. Manuel also stated that someone from Gravity Drainage District No. Eight of Ward One had told him that since the ditches were only 100 feet long, it would not be a problem to install culverts and cover them. Mr. Manuel advised that he was just trying to make the area look nicer and that he did not want to have to cut the grass on this dead-end road.

Mr. Manuel also stated that he had been trying to purchase additional property in order to build a road at his own expense to donate to the Parish which would tie Georgia Road into You Winn Road, but he did not think he would be successful in getting the owner of such property to agree to sell it.

Mr. Danahay asked if piping in the ditches would facilitate the drainage, to which Mr. Smart responded that it would not, that it would beautify the area but would not help the drainage. Mr. Danahay then asked if the road could be abandoned once it was piped in, to which Mr. Smart advised that the Parish would have to have a drainage easement the width of the road. Mr. Smart further advised that the ditch did not have to be piped in, and that suggestion had been Mr. (Jack) Manuel’s.

In answer to a question by Mr. Guillory, Mr. Vickers stated that according to the plat, the end of this road went into a drainage area, the petitioner was asking for 105 feet to be abandoned, the survey of the property reflected that the lot had 105 feet of frontage on Georgia Road, and the road right-of-way appeared to be 125 feet in length.

A roll call vote was taken on the motion on the floor which was to overturn the recommendation of the Planning and Zoning Board with respect to RA01-002-04 and to deny the request to abandon the south 105 feet of Georgia Road in Ward One, and the vote thereon was as follows:

YEAS:Mr. Collins, Mr. Danahay, Mrs. Griffin, Mr. Guillory, Mr. Landry, Dr. Mackey, Mr. Moon, Mr. Stelly, and Mr. Stevens

NAYS:Mr. Kleckley and Mr. Manuel

ABSENT:Mr. Andrepont, Mr. McMillin, and Mrs. Treme

NOT VOTING:President Clement

The vote being nine (for) and two (against), President Clement declared the motion as having carried, whereby the recommendation of the Planning and Zoning Board was overturned with respect to RA01-002-04, and the request to abandon the south 105 feet of Georgia Road in Ward One was denied.

President Clement advised that action was needed on a revision to Zoning Case RZ03-001-96 which was a request by Mr. David Fruge to amend Parish Ordinance No. 3745 related to Stipulation Nos. 1 and 2 (5720C Perry Lane in Ward Three, Police Jury District 6). President Clement further advised that the Planning and Zoning Board had met on Tuesday, June 15, 2004, and voted nine (against) to two (for) to recommend that the request be denied. He also advised that the staff had recommended 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.

[It was noted that on January 18, 1996, the Police Jury granted the petitioner’s request to rezone from R-2 (Mixed Residential) to R-M (Multi-Family Residential) with the following stipulations: (1) that density be limited to six units, and (2) use shall be restricted to one garage apartment, one single-family residence, and two existing duplexes. It was also noted that the petitioner was currently requesting an amendment to allow him to construct one more duplex, as well as a zoning variance to increase density.]

Mr. Vickers explained that in order to increase the density, the applicant also needed a variance from the Planning and Zoning Board, but said variance had been denied by the Board, so even if the Police Jury did approve the request to amend the stipulations, the applicant did not have the variance that he would need to increase the density.

In answer to a question by Mr. Landry, Mr. Vickers advised that the Police Jury could grant the request and send it back to the Planning and Zoning Board and that the staff had recommended that the request be approved.

Motion was made by Mr. Moon and seconded by Mr. Kleckley that the recommendation of the Planning and Zoning Board be upheld and that the request of Mr. David Fruge be denied to amend Ordinance No. 3745 relative to Stipulation Nos. 1 and 2 which would have allowed him to construct one more duplex.

Mr. David Fruge, 5720 Perry Lane, Lake Charles, appeared before the Police Jury and asked if he would still need a variance if he purchased an additional 400 square feet which would give him an acre of land. Mr. Vickers stated that an acre was required for seven units. He further stated that when the Police Jury adopted Ordinance No. 3745 in 1996, it limited the density to six units (one garage, one single-family residence, and two existing duplexes), and that was why the ordinance had to be amended if Mr. Fruge were to be given authority to build another duplex, but that an increase in density would necessitate a variance from the Planning and Zoning Board.

A roll call vote was taken on the motion on the floor with the following result:

YEAS:Mr. Collins, Mr. Danahay, Mrs. Griffin, Mr. Guillory, Mr. Kleckley, Mr. Moon, Mr. Stelly, and Mr. Stevens

NAYS:Mr. Landry, Dr. Mackey, and Mr. Manuel

ABSENT:Mr. Andrepont, Mr. McMillin, and Mrs. Treme

NOT VOTING:President Clement

The vote being eight (for) and three (against), President Clement declared the motion as having carried, whereupon the recommendation of the Planning and Zoning Board was upheld and the request of Mr. David Fruge was denied to amend Ordinance No. 3745 relative to Stipulation Nos. 1 and 2 to allow him to construct one more duplex.

President Clement advised that no action was needed on Zoning Case RZ04-016-04 which was a request by Curtis P. and Amy M. Cart to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow expansion of a manufactured home park (four additional spaces) at 1721 West Burton Street in Ward Four, Police Jury District 11, due to the fact that the request had been withdrawn.

President Clement advised that action was needed on Zoning Case RZ04-017-04 which was a request by Mr. Steve Lowe to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (paint ball business) at 3115 Houston River Road in Ward Four, Police Jury District 14. President Clement further advised that the Planning and Zoning Board had met on Tuesday, June 15, 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, and (2) that the junk vehicle must be removed within thirty days of zoning approval.

It was moved by Mr. Manuel, seconded by Mr. Danahay and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-017-04 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4767

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Steve Lowe to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (paint ball business) on the property described as: Com at the SW cor of the SW/4 of the NE/4 of S21, T9S, R9W, Calcasieu Parish, Louisiana; thence N along the W line of said forty 208.7 feet; thence E parallel with the S line of said forty 291.68 feet; thence N 255.4 feet; thence S 47 degs 08’ 02” E a distance of 52.258 feet; thence S 78 degs 22’ 17” E a distance of 254.44 feet; thence N 42 degs 05’ 54” E a distance of 208 feet to the Southerly right-of-way of Louisiana Hwy. 3065 (Houston River Road); thence S 47 degs 54’ 06” E along said right of way a distance of 196 feet to a point being 150.32 feet S and 1160.7 feet Southeasterly from the NW cor of said SW/4 of the NE/4; thence continue S 47 degs 54’ 06” E along said right of way a distance of 40 feet; thence S 42 degs 05’ 54” W a distance of 217.7 feet; thence S 69 degs 26’ 20” W a distance of 129.98 feet; thence S 166 feet of the S line of said forty; thence W along said S 40 line a distance of 626.3 feet to the poc, containing 5.86 acres, m/l.

From A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (paint ball business) with the following stipulations: 1) that development adhere to the site plan on file with the Division of Planning and Development; and 2) that the junk vehicle must be removed within 30 days of zoning approval, on the property described as: Com at the SW cor of the SW/4 of the NE/4 of S21, T9S, R9W, Calcasieu Parish, Louisiana; thence N along the W line of said forty 208.7 feet; thence E parallel with the S line of said forty 291.68 feet; thence N 255.4 feet; thence S 47 degs 08’ 02” E a distance of 52.258 feet; thence S 78 degs 22’ 17” E a distance of 254.44 feet; thence N 42 degs 05’ 54” E a distance of 208 feet to the Southerly right-of-way of Louisiana Hwy. 3065 (Houston River Road); thence S 47 degs 54’ 06” E along said right of way a distance of 196 feet to a point being 150.32 feet S and 1160.7 feet Southeasterly from the NW cor of said SW/4 of the NE/4; thence continue S 47 degs 54’ 06” E along said right of way a distance of 40 feet; thence S 42 degs 05’ 54” W a distance of 217.7 feet; thence S 69 degs 26’ 20” W a distance of 129.98 feet; thence S 166 feet of the S line of said forty; thence W along said S 40 line a distance of 626.3 feet to the poc, containing 5.86 acres, m/l.

Zoning Case RZ04-017-04

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 RZ01-019-04 which was a request by Voj, Inc. to rezone from C-1 (Light Commercial) to R-M (Multi-Family Residential) to allow duplexes (eight units) on Victoria Drive in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, June 15, 2004, and voted unanimously to recommend that the request be denied. President Clement also advised that the staff had recommended 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; and (2) that a centralized U. S. Postal-approved mailbox must be provided (eight units or more).

Mr. Vickers pointed out that this request had also required a variance from the Planning and Zoning Board for an increase in density, and the Board had denied the variance.

It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ01-019-04 and to deny the request to rezone.

President Clement advised that no action was needed on Zoning Case RZ01-018-04 which was a request by Mr. Louis Gilley to rezone from A-1 (Agricultural) to R-2 (Mixed Residential) to allow a residential subdivision on Topsy Road and Birdnest Road in Ward One, Police Jury District 1, due to the fact that the request had been withdrawn. President Clement pointed out that the Planning and Zoning Board, at its meeting on June 15, 2004, had voted seven (against) and four (for) to recommend that the request be denied.

President Clement advised that action was needed on Zoning Case RZ08-014-04 which was a request by Ms. Jennifer Bufford McCracken to rezone from R-MHP (Manufactured Home Park) to I-1 (Light Industrial) to allow a warehouse and office at 142 Highway 3256 in Ward Eight, Police Jury District 4. President Clement further advised that the Planning and Zoning Board had met on Tuesday, June 15, 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; and (2) that a six-foot wood fence must be installed along the west property line within 90 days of zoning approval.

It was moved by Dr. Mackey, seconded by Mrs. Griffin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ08-014-04 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4768

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Jennifer Bufford McCracken to rezone from R-MHP (Manufactured Home Park) to I-1 (Light Industrial) to allow a warehouse and office on the property described as: The S 202’ of the following: Com at the NE cor of SE/4 of S30, T9S, R7W; thence S 452.45 feet, m/l, to the N line of the Southern Pacific Railroad right of way; thence W 216.4 feet, m/l; thence N 452.45 feet, m/l, to the quarter section line; thence E 216.4 feet, m/l to the pob.

From R-MHP (Manufactured Home Park) to I-1 (Light Industrial) to allow a warehouse and office with the following stipulations: 1) that development adhere to the site plan on file with the Division of Planning and Development; and 2) that a six (6) foot wood fence must be installed along the west property line within 90 days of zoning approval, on the property described as: The S 202’ of the following: Com at the NE cor of SE/4 of S30, T9S, R7W; thence S 452.45 feet, m/l, to the N line of the Southern Pacific Railroad right of way; thence W 216.4 feet, m/l; thence N 452.45 feet, m/l, to the quarter section line; thence E 216.4 feet, m/l to the pob.

Zoning Case RZ08-014-04

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

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Upon motion made by Mr. Danahay, which was duly seconded by Mr. Manuel and carried unanimously, the following resolutions were adopted:

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by James D. Cain and Lionel Delahoussaye to install and maintain 280 linear feet of vinyl bulkhead, dredge to construct a 24 feet long by 12 feet wide boatslip and place 60 cubic yards of limestone material as fill behind the bulkhead all for erosion protection and recreational purposes. The proposed work is to be located within an area about 280 feet long parallel to the mean low water shoreline and extending 24 feet shoreward. Said project is located in Contraband Bayou, in Section 13, Township 10 South, Range 9 West, in Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of James D. Cain and Lionel Delahoussaye 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 17^th day of June, 2004, that it does hereby indicate no objection to the proposal of James D. Cain and Lionel Delahoussaye to install and maintain 280 linear feet of vinyl bulkhead, dredge to construct a 24 feet long by 12 feet wide boatslip and place 60 cubic yards of limestone material as fill behind the bulkhead all for erosion protection and recreational purposes. The proposed work is to be located within an area about 280 feet long parallel to the mean low water shoreline and extending 24 feet shoreward. Said project is located in Contraband Bayou, in Section 13, Township 10 South, Range 9 West, in Lake Charles, in Calcasieu Parish, Louisiana.

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.

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Friendly Builders to clear, grade, excavate, and deposit approximately 75,000 cubic yards of native earthen fill and 20,000 cubic yards of hauled-in fill for construction of the Chosen Valley residential subdivision, consisting of 94 homesites, access roads, and a 4.70 acre stormwater detention pond. Project implementation would directly impact approximately 10.10 acres of jurisdictional wet pasture. Said project is located off Ham Reid Road, in Calcasieu Parish, Louisiana; and

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

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17^th day of June, 2004, that it does hereby indicate no objection to the proposal of Friendly Builders to clear, grade, excavate, and deposit approximately 75,000 cubic yards of native earthen fill and 20,000 cubic yards of hauled-in fill for construction of the Chosen Valley residential subdivision, consisting of 94 homesites, access roads, and a 4.70 acre stormwater detention pond. Project implementation would directly impact approximately 10.10 acres of jurisdictional wet pasture. Said project is located off Ham Reid Road, 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, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

THUS PASSED AND ADOPTED on the date above inscribed.

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Motion was also made by Mr. Danahay and seconded by Mr. Manuel that a resolution of no objection be adopted relative to the proposal of Judge Wilford Carter to construct roadways, house foundations, and driveways for a residential subdivision off of North Grace Street at Goosport, north of Interstate-10. (It was noted that this work was completed prior to obtaining a Department of the Army permit and was in violation of Section 301 of the Clean Water Act.)

Mr. Landry asked if this was the same project that had been recently reported on by the news media and was not the request of the Police Jury on this date to adopt a resolution of no objection really an after-the-fact situation. Mr. Vickers explained that it was and that the staff’s review of these requests for no objection was primarily to make sure any given project was not in violation of any Parish ordinances. Mr. Vickers further explained that since Judge Carter’s project was located within the City of Lake Charles, the Division of Planning and Development had checked with the City and had determined that the development was in compliance with the City’s ordinances.

Mr. Vickers stated that this was not the first time the Police Jury had been asked to adopt a resolution of no objection after the fact and based on what the staff reviewed in these proposals and on what had been done in the past, he felt the staff’s recommendation was appropriate. Mr. Vickers pointed out that if the Corps of Engineers had an issue to address with Judge Carter, that was the Corps’ responsibility.

A vote was then taken on the motion on the floor, and said motion carried, with Mr. Landry voting in opposition to said motion; whereupon, the following resolution was adopted:

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Judge Wilford Carter to clear, grub, grade and redistribute approximately 8,500 cubic yards of native earthen material and place about 4,000 cubic yards of hauled-in clay and limestone aggregate material, all to construct roadways, house foundations, and driveways for a residential subdivision (W. D. Carter II). The proposed project will impact approximately 10.5 acres, of which 2.6 acres have been identified as jurisdictional wetlands. Said project is located North of I-10, off North Grace Street, at Goosport, in Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Judge Wilford Carter 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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 17^th day of June, 2004, that it does hereby indicate no objection to the proposal of Judge Wilford Carter to clear, grub, grade and redistribute approximately 8,500 cubic yards of native earthen material and place about 4,000 cubic yards of hauled-in clay and limestone aggregate material, all to construct roadways, house foundations, and driveways for a residential subdivision (W. D. Carter II). The proposed project will impact approximately 10.5 acres, of which 2.6 acres have been identified as jurisdictional wetlands. Said project is located North of I-10, off North Grace Street, at Goosport, in Lake Charles, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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

ORDINANCE NO. 4769

WHEREAS, on October 2, 2003, the Calcasieu Parish Police Jury adopted Ordinance No. 4629 which authorized the sale of adjudicated property described as: Lot 11 Katula Sub less 1/4 of 1% for 1981 City Taxes; (AP03-120-03; Tax Assessment No. 456578); Calcasieu Street (vacant lot) in Ward Three, Lake Charles, Louisiana, surplus property and authorized the sale of said lot to Mr. Marvin James Harmon, Sr., his designated agent, or assignee for the consideration of $400.00 (four hundred dollars) cash; and

WHEREAS, Mr. Marvin James Harmon, Sr., has recently passed away prior to the closing of the sale; 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 that the property be sold to Ms. Paula Harmon, sister-in-law to the deceased, for the same amount of $400.00 (four hundred dollars).

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 17^th day of June, 2004, that it does hereby amend Ordinance No. 4629 to stipulate that authorization for the sale of property described as: Lot 11 Katula Sub less 1/4 of 1% for 1981 City Taxes; (AP03-120-03; Tax Assessment No. 456578); Calcasieu Street (vacant lot) in Ward Three, Lake Charles, Louisiana, be tranferred to Ms. Paula Harmon for the sum of $400.00 (four hundred dollars), due to the recent death of Mr. Marvin James Harmon, Jr., in order to complete the sale of this property.

BE IT FURTHER AND FINALLY ORDAINED that all remaining portions of Ordinance No. 4629 shall remain in full force and effect with respect to the sale of the property to Ms. Paula Harmon instead of Mr. Marvin James Harmon, Sr.

This ordinance was adopted on the 17^th day of June, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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Motion was made by Mr. Manuel, seconded by Mr. Moon 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 17^th day of June, 2004, that it does hereby approve the submittal of a grant application in the amount of $25,000, on behalf of Calcasieu Parish Road District No. One, to the Governor’s Office of Rural Development for the improvement of roads in Ward One.

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

THUS DONE AND PASSED on the date above inscribed.

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

It was moved by Mrs. Griffin, seconded by Dr. Mackey and carried unanimously to adopt the following resolutions 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 17^th day of June, 2004, that it does hereby authorize the Director of the Office of Juvenile Justice Services to negotiate on the terms and conditions of a contract or contracts with Adventures by Design for an amount up to $5,000 for the construction of portable elements and facilitation of a series of experiential group activities for clients of the Juvenile Drug Court Treatment Program.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

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

THUS DONE AND PASSED on the date above inscribed.

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

Upon motion made by Mr. Collins, which was duly seconded by Mr. Danahay and carried unanimously, the low bid of R. E. Heidt Construction Company, Inc. in the amount of $1,416,457.14 was accepted for Calcasieu Parish Project No. 2004-06 (Hardsurfacing and Overlaying of Various Roads in Calcasieu Parish, Louisiana), in accordance with the recommendation of the Parish Engineer, said bids having been received by the Police Jury at its regular meeting on June 3, 2004, and further, the President of the Police Jury was authorized to execute the contract documents and any amendments or modifications thereto in conjunction with Project No. 2004-06.

Motion was made by Mr. Collins and seconded by Mr. Guillory that the Parish Purchasing Agent be authorized to advertise for bids for one (1) 2005 three-quarter ton four-door pickup truck, for use by the Calcasieu Parish County Agent’s Office, and for one (1) new loader backhoe, for use by the Office of Homeland Security and Emergency Preparedness (Calcasieu Emergency Response Training Center).

Mr. Landry asked that the motion be amended to also include advertising for a used loader backhoe. He said this was not a piece of equipment that was going to be used all day every day, and he had checked and found quite a few used ones that were available which would save $15,000 - $20,000.

Mr. McMurry stated that sometimes it was difficult to fairly evaluate used equipment in a bid situation. He further stated that if a piece of used equipment was found that satisfied the need, the bid specifications could be tailored for that particular piece of equipment but in doing so, this almost created a sole source bid situation. Mr. McMurry advised that the public bid law occasionally created these types of problems in trying to comply with the spirit of said law in that it was not easy to find used pieces of equipment that were equal in specifications. Mr. McMurry suggested that perhaps the staff could look for a loader backhoe at an auction, since this would more closely comply with the spirit of the bid law.

Mr. Landry stated that he thought it could be done if some thought was put into it, for example, the bid specifications could include number of hours used, whether a warranty was available, etc. Mr. McMurry stated that it could perhaps be done, but he wanted to advise caution with respect to bidding for used equipment. He pointed out that two pieces of equipment could have equal hours of operation but the quality of those hours could be entirely different between the two, depending on the type of usage, maintenance, etc.

Mr. McMurry stated that the public bid law which required that bidders be allowed an equal opportunity to bid on equal pieces of equipment sometimes made it harder and required entities to spend more than if the law did not exist, but that the law was in place for a good reason.

Mr. McMurry suggested that the Police Jury go ahead and authorize advertising, and the staff could hold up on said advertising in order to seek out information from other governmental entities as to what opportunities there were as far as a used piece of equipment that was readily available, and to see what might be available through public auctions. He stated that the loader backhoe was a needed piece of equipment for the Calcasieu Emergency Response Training Center but that it did not have to be a new piece of equipment if a good used piece of equipment could be located.

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

It was moved by Mr. Danahay, seconded by Mrs. Griffin and carried unanimously to suspend the rules by a two-thirds majority vote to accept the proposal in the amount of $2.95 per square (on disk) and $3.50 per square (not on disk) of the “Lake Charles American Press” to serve as the Parish’s official journal for a one-year period beginning July 1, 2004, proposals for which were received by the Parish Purchasing Agent on June 15, 2004. (It was noted that an additional proposal had been received from the “Southwest Daily News” in the amount of $3.00 per square.)

Mr. Manuel invited everyone present to stay after the meeting to enjoy some catfish courtboullion his wife, Dorothy, had prepared.

Mr. Kleckley offered his congratulations to Sulphur Parks and Recreation (SPAR), a.k.a. Community Center and Playground District No. Two of Ward Four, for being selected the fifth year in a row to host the Louisiana State High School Girls Softball Tournament. Mr. Kleckley stated that SPAR did a great job in hosting the tournament, and he had attended the past four years. He further stated that “from top to bottom” it was a first-class tournament, and he thanked Mr. Gerry Trahan, Director of Facilities Management and a member of the Board of Commissioners of SPAR.

Dr. Mackey pointed out that people from other areas kept asking why it would have to be held anywhere other than in Sulphur because of SPAR’s reputation for its facilities and hospitality.

There being no other business, motion was made by Mr. Danahay, seconded by Mr. Collins and carried unanimously that the meeting be adjourned.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary