August 19, 2004

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, August 19, 2004, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Brent Clement, President, presiding, and the following members present:

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

Absent: Charles S. Mackey, D.D.S. (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 and Homeland Security; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Ed McGuire of the firm of Plauche, Smith and Nieset, General Counsel; Mrs. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities 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 led by Mr. Landry. 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.

President Clement advised that a presentation would be made at this time by Representative Ronnie Johns of the Fiscal Year 2004 Louisiana Community Development Block Grant (LCDBG) Public Facilities Grant in the amount of $1,000,000 for new sewer service in the Mossville Community.

Representative Johns stated that he was representing the entire Southwest Louisiana legislative delegation and that they worked well together on anything that affected the entire area; however, the new sewer service in the Mossville Community was a projection which he and Senator Willie Mount had particularly focused because they represented that area. Representative Johns pointed out that attempts to provide sewer service in Mossville had been going on since 1995 and when he took office in 1996, it became one of his priorities. He added that to see those residences without sewer hookups had been appalling to many people over the years.

Representative Johns explained that in several cases during the past nine years, there had been an opportunity to get a federal or state grant, but no local matching monies had been available. He further explained that the Director of CDBG had called him and Senator Mount and explained that CDBG money was available for this project but that if local matching monies were not committed, it would probably be the last time the funding would be available through CDBG for this project. Representative Johns stated that he and Senator Mount met with the rest of the legislative delegation and Mr. McMurry and that it had been heart-warming to see how everybody came together on the state, local, and federal levels through CDBG to do something for the citizens of Mossville.

Representative Johns, on behalf of the legislative delegation and the CDBG staff in Baton Rouge, then presented a replica of a check in the amount of $1 million to Mr. McMillin, Police Juror for the Mossville area. Representative Johns expressed his appreciation to the Police Jury, pointing out that without the Jury’s commitment of local matching funds, this project would not be happening, and the $1 million would be going somewhere else.

Mr. McMillin stated that he had inherited this area because of the redistricting which was a result of reapportionment and that Mr. Danahay and Mrs. Griffin had worked very hard on this project. He further stated that it had been a “Godsend” to get this new service in the Mossville community.

Mrs. Griffin thanked Representative Johns and the legislative delegation for helping secure funding for this project. She advised that when she was elected in 1995, this was one of the issues they were working on, and she was glad it had come to pass. Mrs. Griffin congratulated Mr. Danahay for his hard work in this regard.

Mr. Danahay also thanked the delegation for their diligence and pointed out that it could not have happened without their assistance. He stated that it had been a dream of his to make this project happen and that this area of the Parish definitely needed funding to make that dream a reality.

Mr. Joey Alcede, Candidate for Ward Three Marshal, appeared before the Police Jury at this time relative to his candidacy. He advised that he had 33 years of experience with the Calcasieu Parish Sheriff’s Department, 20 years of that service being directly involved with the budget. Mr. Alcede stated that if he was successful in being elected as Ward Three Marshal, he would give the Police Jury the same cooperation and effort that he had enjoyed with the Police Jury’s staff and the people of Calcasieu Parish for the past 33 years.

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

WARD I

CVS EGL Sam Houston LA, Inc.

Linda M. Cimbron - Assistant Secretary

ECKERD DRUGS #5455

366 Sam Houston Jones Parkway

Lake Charles, LA 70611 Beer - Pkg. $25.00

(Don Manuel’s District)

WARD III

George Joseph Authement, Jr. d/b/a

CJ’S CABARET

3945 Hwy 90 East

Lake Charles, LA 70615 Liquor & Beer 135.00

(Calvin Collins’ District)

TOTAL REMITTANCE: $160.00

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

Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Stevens and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated July 22, 2004, were approved, and the reading of same was dispensed with.

President Clement advised that action was needed on Zoning Case RZ01-021-04 which was a request by Voj, Inc. to rezone from C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development on Erin Drive and Victoria Drive in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, August 17, 2004, and voted unanimously to recommend that the request be granted.

It was moved by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ01-021-04 and to grant the request to rezone; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4782

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Voj, Inc. to rezone from C-1 (Commercial) to R-1 (Single Family Residential) to allow residential development on the property described as: Lots 11, 12, and 14 of Victoria Estates Part 2, recorded in plat book 29, page 20.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of August, 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 C-1 (Commercial) to R-1 (Single Family Residential) to allow residential development, on the property described as: Lots 11, 12, and 14 of Victoria Estates Part 2, recorded in plat book 29, page 20.

Zoning Case RZ01-021-04

BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Clement advised that action was needed on Zoning Case RZ03-026-04 which was a request by SKG Enterprises, Inc. to rezone from I-1 (Light Industrial) to I-2 (Heavy Industrial) to allow a recycling facility (aluminum, copper, brass, and iron) at 5921 Swift Plant Road in Ward Three, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, August 17, 2004, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that fencing slats be added to the fence along the south property line within 60 days of zoning approval to screen visibility from Swift Plant Road.

Motion was made by Mr. Andrepont, seconded by Mr. Stevens and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-026-04 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4783

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by SKG Enterprises, Inc. to rezone from I-1 (Light Industrial) to I-2 (Heavy Industrial) to allow a recycling facility (aluminum, copper, brass, and iron) on the property described as: Com at a point 815.7 feet W and 40 feet N of SE cor of Section 36, Township 9S, Range 8W, said point being on the N right of way line of Old Brick Hwy. at which point a ¾ inch rod is set, thence N along the E line of a one acre tract formerly sold, 320 feet, thence E parallel with Old Brick Hwy. 272.25, thence S to N right-of-way line of Old Brick Hwy. 320 feet, thence W along N right-of-way line of said Old Brick Hwy. 272.25 feet to poc.

From I-1 (Light Industrial) to I-2 (Heavy Industrial) to allow a recycling facility (aluminum, copper, brass, and iron) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that fencing slats be added to the fence along the south property line within 60 days of zoning approval to screen visibility from Swift Plant Road, on the property described as: Com at a point 815.7 feet W and 40 feet N of SE cor of Section 36, Township 9S, Range 8W, said point being on the N right of way line of Old Brick Hwy. at which point a ¾ inch rod is set, thence N along the E line of a one acre tract formerly sold, 320 feet, thence E parallel with Old Brick Hwy. 272.25, thence S to N right-of-way line of Old Brick Hwy. 320 feet, thence W along N right-of-way line of said Old Brick Hwy. 272.25 feet to poc.

Zoning Case RZ03-026-04

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 RZ03-020-04, due to the fact that the request had been withdrawn by the applicant, Peter D. Olivier, to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow an automotive repair and paint and body design shop at 8035 Elliott Road in Ward Three, Police Jury District 6.

President Clement advised that action was needed on Zoning Case RZ01-023-04 which was a request by Denise and Wilfred Gradney to rezone from C-3 (Central Business Commercial) to R-2 (Mixed Residential) to allow residential development (house) at 1443 Lavergne Road in Ward One, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, August 17, 2004, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that the manufactured home must be removed upon completion of the new residence or within one year, whichever occurred first.

It was moved by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ01-023-04 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4784

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Denise and Wilfred Gradney to rezone from C-3 (Central Business Commercial) to R-2 (Mixed Residential) to allow residential development (house) on the property described as: Com at a point on the E right of way line of T & H. O. Railroad, which point is 355.2 feet S and 505.5 feet W of the NE cor of S/2 of NE/4 of S32, T8S, R8W, Calcasieu Parish, Louisiana, thence E 211.5 feet, thence S 97.975 feet, thence W 211.5 feet to the E right of way line of railroad, thence N along E right of way line of railroad 97.975 feet to the poc.

From C-3 (Central Business Commercial) to R-2 (Mixed Residential) to allow residential development (house) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that the manufactured home must be removed upon completion of the new residence or within one year, whichever occurs first, on the property described as: Com at a point on the E right of way line of T & H. O. Railroad, which point is 355.2 feet S and 505.5 feet W of the NE cor of S/2 of NE/4 of S32, T8S, R8W, Calcasieu Parish, Louisiana, thence E 211.5 feet, thence S 97.975 feet, thence W 211.5 feet to the E right of way line of railroad, thence N along E right of way line of railroad 97.975 feet to the poc.

Zoning Case RZ01-023-04

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 RZ01-022-04 which was a request by North Gate Estates, LLC, to rezone from A-1 (Agricultural) and C-3 (Central Business Commercial) to R-MHP (Manufactured Home Park) to develop a manufactured home park (23 spaces) on Highway 171 North in Ward One, Police Jury District 2.

President Clement further advised that the Planning and Zoning Board had met on Tuesday, August 17, 2004, and voted six (for) to five (against) to recommend that the request be granted with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that a centralized postal-approved mailbox must be installed prior to any issuance of occupational license; 3) that a six-foot wooden privacy fence must be installed around the lot designated for sewer treatment plant and dumpster within six (6) months of zoning approval; and 4) that the three existing manufactured homes must be placed on the proper lots within six (6) months of zoning approval.

Upon motion made by Mrs. Griffin, which was duly seconded by Mrs. Treme and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ01-022-04 with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4785

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by North Gate Estate, LLC to rezone from A-1 (Agricultural) and C-3 (Central Business Commercial) to R-MHP (Manufactured Home Park) to develop a manufactured home park (23 spaces) on the property described as: Lot 6 and the N/2 of Lot 7 of the partition of S/2 of NE/4 of SE/4 of S32, T8S, R8W.

From A-1 (Agricultural) and C-3 (Central Business Commercial) to R-MHP (Manufactured Home Park) to develop a manufactured home park (23 spaces) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that a centralized postal approved mailbox must be installed prior to any issuance of occupational license; 3) that a six foot wooden privacy fence must be installed around the lot designated for sewer treatment plant and dumpster within six (6) months of zoning approval; and 4) that the three existing manufactured homes must be placed on the proper lots within six (6) months of zoning approval on the property described as: Lot 6 and the N/2 of Lot 7 of the partition of S/2 of NE/4 of SE/4 of S32, T8S, R8W.

Zoning Case RZ01-022-04

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 Road Abandonment Case RA01-006-04 which was a request by Janet Parker Horn for road abandonment of South Sapling Square in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, August 17, 2004, and voted unanimously to recommend that the request be granted.

Mr. Manuel asked if this portion of road had never been used or maintained, to which Mr. Vickers advised that it had been dedicated on paper only and that there was no road there. He further advised that a distance of 225 feet was being requested for abandonment, and the staff, as well as the Planning and Zoning Board, were recommending that it be abandoned.

Motion was then made by Mr. Manuel, seconded by Mr. Stevens and carried unanimously that the recommendation of the Planning and Zoning Board with respect to Road Abandonment Case RA01-006-04 be upheld, and that the request to abandon be approved; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of August, 2004, that it does hereby abandon the road right-of-way for South Sapling Square in Ward One of Calcasieu Parish, Louisiana, as requested by Janet Parker Horn and recommended by the Calcasieu Parish Planning and Zoning Board, on the property described as:

60' right of way between Lots 29 and 30 of Pine Park Subdivision.

RA01-006-04

BE IT FURTHER RESOLVED that the above public road right-of-way set forth above is hereby declared officially abandoned with one-half of said abandoned road right-of-way reverting to the abutting property owners as prescribed by law.

THUS PASSED AND ADOPTED on the date above inscribed.

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

President Clement advised that action was needed on amendments to the Code of Ordinances of Calcasieu Parish, Louisiana, with reference to alternative designs in the Nelson District Overlay and fees related thereto. He further advised that the Planning and Zoning Board had met on Tuesday, August 17, 2004, and voted unanimously to recommend that the Code of Ordinances be amended.

Upon motion made by Mr. Kleckley, which was duly seconded by Mrs. Griffin and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with regard to amendments to the Code of Ordinances with reference to alternative designs in the Nelson District Overlay and fees related thereto; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4786

AN ORDINANCE amending Chapter 26 – Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of August, 2004, that it does hereby amend Chapter 26 – Zoning, Article V. Nelson Road Overlay District, Section 26-34 Zoning, and Article VI. Section 26-51 Fees, of the Code of Ordinances of Calcasieu Parish, Louisiana, with reference to alternative designs in the Nelson Road Overlay District and fees related thereto, as follows:

SECTION I. Sec. 26-34 Zoning, is hereby amended, in toto, to read as follows:

Sec. 26-34 Zoning.

All parcels subdivided or unsubdivided within the boundary of the Nelson District shall be zoned C-1 (Light Commercial), but regulated pursuant to permitted uses set forth in these regulations and further herein described as C-1 ND (Light Commercial Nelson District). There shall be no adjustments within the Nelson District except when approved as an Alternative Design.

(A) Alternative Design.

Alternative design solutions may be submitted to the Division of Planning and Development when it is found that the literal interpretation of this ordinance causes an undue hardship or may impede the objectives of the proposed development. Alternative designs may apply only to site planning difficulties (i.e., setbacks, landscaping, parking, etc.) Alternative designs shall not apply to changes in the overall theme of the Nelson District.

(B) Alternative Request.

There will be two types of request for alternative designs to the Nelson District Overlay considered. Type one will consist of a Minor and type two a Major.

(1)Minor: A request made for changes in development standards such as building setbacks, parking, landscaping, etc. that do not vary more than 20% of the required development standards.

(2)Major: A request made to enlarge the boundary of the District, a request to establish a specific use that is not allowed within the particular section of the District or when any variance request for development standards exceed 20% of the required development standards.

The review of Minor or Major request will be as follows:

(1)Application must be made with the Division of Planning and Development. The Director of Planning and Development will determine when an application is complete.

(2)In the case of a Minor request, upon the determination of a complete application a 7-day review period will ensue. At the end of the 7-day review period the Director of Planning and Development will issue in writing an approval, conditional approval, or disapproval of the application.

(3)In the case of a Major request, upon the determination of a complete application a 14-day review period will ensue. Once determined complete, the application will be forwarded to the Nelson District Overlay Review Team and within 14-days or less the Director of Planning and Development will issue in writing an approval, conditional approval, or disapproval of the application.

(4)In the case of a Minor request, the Director of Planning and Development will make the final decision.

(5)In the case of a Major request, the Nelson District Overlay Review Team will make the final decision.

(6)The Fourteenth Judicial District Court is the proper forum for any aggrieved party of any decision made by the Director of Planning and Development or the Nelson District Overlay Review Team.

(D) Nelson District Overlay Review Team.

The Nelson District Overlay Review Team shall consist of the following members:

· Director of Planning and Development

· Police Jury member, District Six

· Police Jury member, District Eight

· Two (2) Planning and Zoning Board members, Ward Three

SECTION II. Sec. 26-51 Fees (a), is hereby amended to read as follows: (All remaining portions of Sec. 26-51 shall remain as currently written.)

(a)Each application to petition for zoning amendments, rezoning, zoning exception, variance, frontage road variance with director’s approval, or Nelson District Overlay Alternative Design Variance for ten (10) acres or less shall be accompanied by a fee of two hundred dollars ($200.00). For applications to petition involving more than ten (10) acres a fee of twenty dollars ($20.00) per acre shall be charged up to one thousand dollars ($1,000.00). Therefore, the minimum fee will be two hundred dollars ($200.00) regardless of acreage. The maximum fee for any petition shall not exceed one thousand dollars ($1,000.00), which shall apply for all areas of fifty (50) acres or more.

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

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

BE IT FURTHER AND FINALLY ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

THUS PASSED AND ADOPTED on this, the 19^th day of August, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

Motion was made by Mrs. Treme, seconded by Mr. Stevens and carried unanimously that the following resolution be adopted:

RESOLUTION

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Bill Sorkow 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 19^th day of August, 2004, that it does hereby indicate no objection to the proposal of Bill Sorkow to clear, grade, and grub approximately 1,500 cubic yards of on-site earthen material in addition to depositing 3,000 cubic yards of hauled-in clay fill, and 600 cubic yards of concrete, all to construct a 16-unit residential apartment complex. Project implementation would directly impact approximately 1.1 acres of wetlands. Said project is located on Brown Street off of Interstate 210, in 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. Stevens and carried unanimously to adopt the following resolution:

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 Harold St. Pierre to install and maintain a 12 feet wide by 20 feet long covered boat house and a 4 feet wide by 20 feet long walkway, all for private recreational use. The proposed structures are to be located perpendicular to the existing shoreline, the outer limits extending 20 feet channelward therefrom. Said project is located in the Calcasieu River, left descending bank at Lake Charles, Louisiana in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Harold St. Pierre 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 19^th day of August, 2004, that it does hereby indicate no objection to the proposal of Harold St. Pierre to install and maintain a 12 feet wide by 20 feet long covered boat house and a 4 feet wide by 20 feet long walkway, all for private recreational use. The proposed structures are to be located perpendicular to the existing shoreline, the outer limits extending 20 feet channelward therefrom. Said project is located in the Calcasieu River, left descending bank at Lake Charles, Louisiana in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Citgo Petroleum Corporation to dredge to remove approximately 3,300 cubic yards of accumulated river bottom sediments at the Citgo Refinery Dock “B” to assure navigation depths as necessary to support docking and mooring of barges and ships. The dredging operation would occur within an area approximately 940 feet long located parallel to the existing shoreline, the outer limits extending 65 feet channelward therefrom. Excavated material would be deposited on non-wetland areas situated within Disposal Areas No’s 5 & 6. Project implementation would directly impact approximately 1.40 acres of river bottom area. Said project is located along the right descending bank of the Calcasieu River, approximately 29 miles north of the Gulf of Mexico near Lake Charles, Louisiana in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Citgo Petroleum Corporation 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 19^th day of August, 2004, that it does hereby indicate no objection to the proposal of Citgo Petroleum Corporation to dredge to remove approximately 3,300 cubic yards of accumulated river bottom sediments at the Citgo Refinery Dock “B” to assure navigation depths as necessary to support docking and mooring of barges and ships. The dredging operation would occur within an area approximately 940 feet long located parallel to the existing shoreline, the outer limits extending 65 feet channelward therefrom. Excavated material would be deposited on non-wetland areas situated within Disposal Areas No’s 5 & 6. Project implementation would directly impact approximately 1.40 acres of river bottom area. Said project is located along the right descending bank of the Calcasieu River, approximately 29 miles north of the Gulf of Mexico near Lake Charles, Louisiana in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Motion was made by Mrs. Griffin, seconded by Mr. Collins 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 George F. Seymour to construct a 20 feet long by 14 feet wide boat house on Griffith Cooley. The proposed structure is to be located lengthwise and parallel to the existing shoreline the outer limits extending 11 feet channelward therefrom. Said project is located at 1607 Griffith Street, Lake Charles, Louisiana in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of George F. Seymour 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 19^th day of August, 2004, that it does hereby indicate no objection to the proposal of George F. Seymour to construct a 20 feet long by 14 feet wide boat house on Griffith Cooley. The proposed structure is to be located lengthwise and parallel to the existing shoreline the outer limits extending 11 feet channelward therefrom. Said project is located at 1607 Griffith Street, Lake Charles, Louisiana in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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

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

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 Kenneth Norwood to clear and grade an area and dredge to construct a boat basin by removing 93,508 cubic yards of native material which is to be hauled off to a nonwetland site, except for 11,225 cubic yards which would be deposited in conjunction with 3,600 cubic yards of concrete and/or asphalt to construct foundations for townhouses and businesses, driveways, and roads. Also, project implementation would require the installation of covered boat slips, 2,900 linear feet of bulkhead and appurtenances, as necessary, to provide a residential/commercial development with waterfront amenities. The proposed project will impact approximately 11.1 acres of which 5.2 acres have been identified as jurisdictional wetlands and other waters of the United States. Said project is located off Contraband Bayou, left descending bank, approximately 0.5 of a mile north of I-210, Lake Charles, Louisiana in Calcasieu Parish, (the proposed project was originally advertised by public notice, WR-20-000-1794, dated October 4, 2001, and the applicant was Nelson Properties); and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Kenneth Norwood 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 19^th day of August, 2004, that it does hereby indicate no objection to the proposal of Kenneth Norwood to clear and grade an area and dredge to construct a boat basin by removing 93,508 cubic yards of native material which is to be hauled off to a nonwetland site, except for 11,225 cubic yards which would be deposited in conjunction with 3,600 cubic yards of concrete and/or asphalt to construct foundations for townhouses and businesses, driveways, and roads. Also, project implementation would require the installation of covered boat slips, 2,900 linear feet of bulkhead and appurtenances, as necessary, to provide a residential/commercial development with waterfront amenities. The proposed project will impact approximately 11.1 acres of which 5.2 acres have been identified as jurisdictional wetlands and other waters of the United States. Said project is located off Contraband Bayou, left descending bank, approximately 0.5 of a mile north of I-210, Lake Charles, Louisiana in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, by Nathan Bray to install 164 linear feet of timber wharf with attached 8 feet wide wharf/walkway for the purpose of shoreline protection and safe access to the waterway. The proposed bulkhead and wharf are to be located lengthwise approximately parallel to the mean high water shoreline, the outer limits extending 8 feet channelward therefrom. Said project is located in a canal of Calcasieu River, 4938 Bay View Lane, Lake Charles, Louisiana in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Nathan Bray 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 19^th day of August, 2004, that it does hereby indicate no objection to the proposal of Nathan Bray to install 164 linear feet of timber wharf with attached 8 feet wide wharf/walkway for the purpose of shoreline protection and safe access to the waterway. The proposed bulkhead and wharf are to be located lengthwise approximately parallel to the mean high water shoreline, the outer limits extending 8 feet channelward therefrom. Said project is located in a canal of Calcasieu River, 4938 Bay View Lane, Lake Charles, Louisiana in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Motion was made by Mr. Andrepont and seconded by Mr. Stevens that a resolution be adopted approving a Coastal Use Permit application for Sheron Faulk to eradicate tallow trees on four and one-half (4.5) acres of thirty (30) acres along her property on the west side of State Highway 27 south of the Ellender Bridge in Calcasieu Parish. (It was noted that the tallow trees were overtaking the petitioner’s property, and the applicant was proposing to burn dozed piles and spread dirt from the tree roots to plant other hardwood trees, with the remaining twenty-six (26) acres pending wetland delineation.)

Mrs. Griffin asked for more information on this item, and Mr. Vickers explained that this property was actually located in a coastal zone and that part of the Parish’s participation with the State was to approve the issuance of this permit. He further explained that the four and one-half acres were not in a wetland area, and he recommended approval of the resolution.

A vote taken on the motion on the floor carried unanimously, and the following resolution was adopted as a result thereof:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of August, 2004, that it does hereby approve a Coastal Use Permit application for Sheron Faulk to eradicate tallow trees on four and one half (4.5) acres of thirty (30) acres along her property on the west side of State Highway 27 south of the Ellender Bridge in Calcasieu Parish.

THUS DONE AND PASSED on the date above inscribed.

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

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

RESOLUTION

WHEREAS, the Board of Commissioners of West Calcasieu Cameron Hospital has declared the unused portion of land owned by the Hospital Service District on Sam Houston Jones Parkway in Moss Bluff as surplus or unnecessary for the operation of the district or any health facility it owns; and

WHEREAS, said surplus property surrounds the existing Dynamic Dimensions’ facility which is owned and operated by the Hospital Service District and consists of approximately nine acres as shown on the attached exhibit marked “Attachment A”; and

WHEREAS, LSA—R.S. 46:1074 requires the approval of the Calcasieu Parish Police Jury prior to the sale of said property.

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of August, 2004, that it does hereby approve the sale by the Calcasieu-Cameron Hospital Service District of approximately nine acres of said District’s property on Sam Houston Jones Parkway in Moss Bluff adjacent to the District’s Dynamic Dimensions facility, in accordance with LSA—R.S. 46:1074B(1)(b) and (4)(b).

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Mr. Manuel and seconded by Mr. Guillory that a resolution be adopted approving the extension of an Agreement between the Police Jury and the Education and Treatment Council, Inc. (ETC) to June 30, 2005, related to the treatment services provided by ETC to the Office of Juvenile Justice Services, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

In answer to a question by Mrs. Griffin, Mrs. Martha Parnell, Director of the Office of Juvenile Justice Services, stated that the treatment contract was federally funded and was in relation to the Drug Court Program. Mrs. Parnell also stated that her office wanted to extend the contract for as long as the funding lasted.

Mrs. Griffin asked if Mrs. Parnell could see a difference in the number of clients being treated through this program, and Mrs. Parnell advised that there was not a huge number of clients being treated through the program because it was limited to 30 – 35 clients. Mrs. Parnell pointed out that there had been significant results insofar as the increase of juveniles staying in school, getting a Graduation Equivalency Diploma (G.E.D.), etc.

A vote taken on the motion on the floor carried unanimously, and the following resolution was adopted as a result thereof:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of August, 2004, that it does hereby approve the extension of an Agreement between the Police Jury and the Education and Treatment Council, Inc. (ETC) to June 30, 2005, related to the treatment services provided by ETC to the Office of Juvenile Justice Services.

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 Mr. Manuel and seconded by Mr. McMillin to approve an amendment to the Fiscal Year 2003-04 budget and the proposed budget for Fiscal Year 2004-2005 for the Southwest Louisiana Crime Laboratory, as per the request of Sheriff Tony Mancuso.

Mrs. Griffin expressed “kudos” to Sheriff Mancuso for his recent action in assigning each member of the Police Jury a deputy who could be called in the event a juror received complaints or had problems with which the Sheriff’s Department could provide assistance.

A vote taken on the motion on the floor carried unanimously.

Upon motion made by Mr. Andrepont, 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 19^th day of August, 2004, that it does hereby approve the submittal of a grant application for $25,000 to the Governor’s Office of Rural Development for drainage improvements for Gravity Drainage District No. Six of Wards Five and Six.

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. 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 19^th day of August, 2004, that it does hereby approve the submittal of a grant application for $25,000 to the Governor’s Office of Rural Development for improvements to the outdoor arena at Burton Memorial Coliseum.

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. Treme, seconded by Mr. McMillin 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 19^th day of August, 2004, that it does hereby approve a contract between the Police Jury and Oliver Schultz and Associates for said company’s professional technical assistance on the administration of the Louisiana Community Development Block Grant Sewer Project in the Mossville Community.

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.

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

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of August, 2004, that it does hereby reappoint Mr. Vito A. Tramonte, as a member of the Board of Commissioners of Waterworks District No. Nine of Ward Four, said term to expire August, 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.

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

Motion was made by Mr. Manuel and seconded by Mr. Collins that appropriate action be taken on proposals received by the Parish Purchasing Agent on August 9, 2004, for a Housing Assistance Payment/Public Housing Authority Software Application, for use by the Housing Department.

Mr. Vickers pointed out that the staff’s recommendation was that action be deferred on this item to allow sufficient time to review and evaluate the proposals which were received.

Mr. Manuel withdrew his motion, and Mr. Collins accepted the withdrawal. Motion was then made by Mrs. Treme, seconded by Mr. Stevens and carried unanimously that action on proposals received by the Parish Purchasing Agent on August 9, 2004, for a Housing Assistance Payment/Public Housing Authority Software Application, for use by the Housing Department, be deferred until the next Regular Meeting of the Police Jury scheduled for September 2, 2004.

Upon motion made by Mr. Stelly, which was duly seconded by Mrs. Griffin and carried unanimously, the low bid of Bolton Ford, Inc. in the amount of $23,041.00 was accepted for the purchase of one (1) 2005 three-quarter ton four full size door (crew cab) truck for use by the County Agent, and the low bid of Martin GMC Truck in the amount of $16,550.78 was accepted for the purchase of one (1) 2005 one-half ton extended cab pickup truck for use by the Division of Planning and Development, as provided for in the 2004 annual budget, and in accordance with bids received by the Parish Purchasing Agent on August 17, 2004.

Motion was made by Mr. Stevens and seconded by Mr. McMillin that the Parish Administrator be authorized to advertise for bids for 2004 Cell Door Locking System Replacement at the Calcasieu Correctional Center.

In answer to a question by Mr. Guillory, Mr. McMurry explained that the jail had been built in 1988, and the electrical locking system needed replacing.

A vote taken on the motion on the floor carried unanimously.

It was moved by Mr. Stelly, seconded by Mrs. Treme and carried unanimously to authorize the Parish Purchasing Agent to advertise for bids for arena, catch pens with derigging/strip chute, and roping setup with arrow pens, for use at the Burton Memorial Coliseum.

Motion was made by Mr. Andrepont and seconded by Mr. Collins to authorize the Parish Purchasing Agent to purchase one loader/backhoe, utilizing State Contract Purchasing Procedures, for use at the Calcasieu Emergency Response Training Center.

Mr. McMurry stated that when the Police Jury had previously authorized advertising for this piece of equipment, Mr. Landry had brought up the suggestion of looking at used backhoes, and in researching this idea, the staff had learned that through State Contract Purchasing Procedures, the Parish could buy a new one for less than the cost of some of the used ones (approximately $45,000). Mr. McMurry further stated that the amount budgeted for purchase of this equipment was $59,000 which had been based on preliminary estimates by the staff. He pointed out that a used backhoe had been located which would cost approximately $4,000 less than a new one but that it had 1200 machine hours with a limited warranty.

A vote taken on the motion on the floor carried unanimously.

It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously to suspend the rules by a two-thirds majority vote to adopt a resolution approving the