November 18, 2004

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, November 18, 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, Kevin Guidry, Tony Guillory, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornie Moon, and Tony Stelly

Absent: None

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; 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 Mr. McMurry which was followed by the Pledge of Allegiance led by Mrs. Treme. 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.

Upon motion made by Mr. Moon, which was duly seconded by Mrs. Griffin and carried unanimously, the following applications for liquor and beer permits were approved:

WARD I

Retail Investors of Texas, Ltd.

Skylar Thompson - Pres.

MARKET BASKET # 27

362 Sam Houston Jones Prkwy

Lake Charles, LA 70611 Beer - Pkg. - ‘2005 25.00

(Don Manuel’s District)

WARD III

No Name Lounge, LLC

Christ Kanellakis - Member

NO NAME LOUNGE

6120 Common Street

Lake Charles, LA 70607 Liquor & Beer - ‘2005 135.00

(Chris Landry’s District)

WARD IV

Waynes of Sulphur, Inc.

Wayne Hardin - Pres.

WAYNE & LAYNE’S DELI

3906 Hwy 27 South

Sulphur, LA 70665 Liquor & Beer - ‘2005 135.00

(Brent Clement’s District)

WARD VII

Delta Town Truck Stop & Motel, LLC

John Joshy - Member

DELTA TOWN TRUCK STOP C-STORE

2470-A Toomey Road

Vinton, LA 70668 Liquor & Beer - Pkg. - ‘2005 75.00

(Brent Clement’s District)

Harrington LeBouef Post 9854 VFW, Inc.

James D. Malone - Quartermaster

VFW POST 9854

2292 Hwy 109 South

Vinton, LA 70668 Liquor & Beer - ‘2005 135.00

(Brent Clement’s District)

TOTAL REMITTANCE: $505.00

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

President Clement recognized Ms. Sheila Mott, Entergy’s Customer Service Manager, as being present in the audience and welcomed her to the meeting.

Motion was made by Mr. Andrepont, seconded by Mr. Stelly and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated October 21, 2004, be approved, and the reading of same was dispensed with.

President Clement advised that action was needed on Zoning Case RZ04-037-04 which was a request by Mr. Thomas C. Arville to rezone from C-2 (General Commercial) to A-1 (Agricultural) to allow residential development at 1860 West Burton Street in Ward Four, Police Jury District 11. President Clement further advised that the Planning and Zoning Board had met on Tuesday, November 16, 2004, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the manufactured home must be skirted prior to utilities being connected; and (3) that the proper permits must be obtained within thirty days of zoning approval.

It was moved by Mrs. Treme, seconded by Mr. Stelly and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-037-04 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4830

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Thomas C. Arville to rezone from C-2 (General Commercial) to A-1 (Agricultural) to allow residential development on the property described as: The S 1,352 feet of the following: Com at a point on the N line of S32, T9S, R10W, 2,255 feet W of the NE cor of S32, thence S 1,553 feet, m/l to the N line of Southern Pacific Railroad row, thence E on said N line 197 feet, thence N 1,552.8 feet, m/l, to the N line of said Section 32, thence W 197 feet to the poc.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18^th day of November, 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 Four of this parish:

From C-2 (General Commercial) to A-1 (Agricultural) to allow residential development with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the manufactured home must be skirted prior to utilities being connected; and 3) that the proper permits must be obtained within 30 days of zoning approval, on the property described as: The S 1,352 feet of the following: Com at a point on the N line of S32, T9S, R10W, 2,255 feet W of the NE cor of S32, thence S 1,553 feet, m/l to the N line of Southern Pacific Railroad row, thence E on said N line 197 feet, thence N 1,552.8 feet, m/l, to the N line of said Section 32, thence W 197 feet to the poc.

Zoning Case RZ04-037-04

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 RZ01-038-04 which was a request by Ron A. and Maria A. Fogal to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (five manufactured homes) on Moss Lane in Ward One, Police Jury District 1. President Clement further advised that the Planning and Zoning Board had met on Tuesday, November 16, 2004, and voted unanimously to recommend that action be deferred for thirty days to allow the petitioner time to revise the site plan.

Motion was made by Mr. Manuel and seconded by Dr. Mackey that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-038-04 and to defer action thereon for thirty days.

In answer to a question by Mr. Landry, Mr. Vickers explained that out of respect for concerns which persons at the Planning and Zoning Board hearing had, the petitioner asked for additional time to get with them to resolve those issues, which was amenable to both sides.

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

President Clement advised that action was needed on Zoning Case RZ03-037-04 which was a request by Glenn and Joan Fuselier to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow a contractor’s office, shop, and mechanical sewer business at 2120 Pujol Road in Ward Three, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, November 16, 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 an occupational license must be obtained for both businesses.

Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Moon and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ03-037-04, and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4831

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Glenn and Joan Fuselier to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow a contractor’s office, shop, and mechanical sewer business on the property described as: Com at a point which bears N 0 degs 07’ 48” E, a distance of 1024.0 feet from the SE cor of the SE/4 of the SE/4 of S13, T9S, R8W, Calcasieu Parish, Louisiana; thence N 88 degs 48’ 58” W, a distance of 515.0 feet; thence N 0 degs 07’ 48” E, parallel to the E line of said SE/4 of SE/4, a distance of 296.0 feet to the N line of said SE/4 of SE/4; thence S 88 degs 48’ 58” E, along the N line of said SE/4 of SE/4, a distance of 515.0 feet to the NE cor thereof; thence S 0 degs 07’ 48” W, along the E line of said SE/4 of SE/4, a distance of 296.0 feet to the poc, containing 3.499 acres.

From A-1 (Agricultural) to I-1 (Light Industrial) to allow a contractor’s office, shop, and mechanical sewer business 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 an occupational license must be obtained for both businesses, on the property described as: Com at a point which bears N 0 degs 07’ 48” E, a distance of 1024.0 feet from the SE cor of the SE/4 of the SE/4 of S13, T9S, R8W, Calcasieu Parish, Louisiana; thence N 88 degs 48’ 58” W, a distance of 515.0 feet; thence N 0 degs 07’ 48” E, parallel to the E line of said SE/4 of SE/4, a distance of 296.0 feet to the N line of said SE/4 of SE/4; thence S 88 degs 48’ 58” E, along the N line of said SE/4 of SE/4, a distance of 515.0 feet to the NE cor thereof; thence S 0 degs 07’ 48” W, along the E line of said SE/4 of SE/4, a distance of 296.0 feet to the poc, containing 3.499 acres.

Zoning Case RZ03-040-04

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 consideration was needed on adopting an ordinance amending the Code of Ordinances of Calcasieu Parish, Louisiana (Coastal Zone Management) relative to the definition of words and terms, administrative action, and mitigation. He further advised that the Planning and Zoning Board had met on Tuesday, November 16, 2004, and voted unanimously to recommend that the Code of Ordinances of Calcasieu Parish, Louisiana, be amended.

Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with regard to amending the Code of Ordinances of Calcasieu Parish, Louisiana (Coastal Zone Management), and further, that the following ordinance be adopted to accomplish same:

ORDINANCE NO. 4832

AN ORDINANCE amending Chapter 7.5 Coastal Zone Management, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18^th day of November, 2004, that it does hereby amend Chapter 7.5 Coastal Zone Management, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION I. Sec. 7.5-5 Words and Terms Defined, is amended to include and/or update the definitions for Compensatory Mitigation, Direct and Significant Impact, Ecological Value, Mitigation, and Planning and Zoning Board, all of which are amended to read as follows:

Compensatory Mitigation shall mean the replacement, substitution, enhancement, or protection of ecological values to offset anticipated losses of ecological values caused by permitted activity.

Direct and Significant Impact shall mean a direct and significant modification or alteration in the physical or biological characteristics of coastal waters, which results from an action or series of actions caused by man.

Ecological Value shall mean the ability of an area to support vegetation and fish and wildlife populations.

Mitigation shall mean all actions taken by a permittee to avoid, minimize, restore, and compensate for ecological values lost due to a permitted activity.

Planning Commission and its definition is deleted, and the following definition is substituted therefor:

Planning and Zoning Board shall mean the Calcasieu Parish Planning and Zoning Board, which is the official planning and zoning body for the parish so designated by the Calcasieu Parish Police Jury.

SECTION II. Sec. 7.5-30. Same-Same-Administrative action, (k), (l), and (m), are amended to read as follows:

(k) The official public hearing shall be held by the parish planning and zoning board. During the public hearing they shall hear and review all comments and evidence presented to them. The meeting shall be conducted in an orderly but expeditious manner with any person being allowed to submit either an oral or written statement. Cross examination shall not be allowed. All comments and evidence presented shall be made part of the hearing file. After considering all information presented concerning the application in question, the planning and zoning board shall make a recommendation to either approve, approve with modification, or deny the application.

(l) Following the public hearing held by the planning and zoning board, the hearing file shall remain open for a period of at least ten (10) days.

(m) The police jury, at their regularly scheduled meeting following the close of the 10-day comment period, shall take final action on the permit application. Their decision of approval or denial shall be based on the recommendation of the planning and zoning board and on all comments received during the 10-day comment period.

SECTION III. Sec. 7.5-53. Mitigation, is added as a new section to read in its entirety as follows:

The Calcasieu Parish Coastal Zone Management Program will require mitigation for coastal wetland losses, caused by permitted activities, consistent with the requirement of the Louisiana Coastal Resources Program (LCRP) and attendant regulations and guidelines; and

The Calcasieu Parish Coastal Zone Management Program will require that the determination of mitigation requirements for permitted activities, as well as the appropriateness of mitigation proposals to offset losses, be based on losses/gains of wetland habitat values, measured by the same method utilized by the department of natural resources.

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 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 18^th day of November, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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

It was moved by Mr. Landry, seconded by Mr. Moon and carried unanimously to adopt the following ordinance to amend Ordinance No. 4801 relative to a request from the buyer, Mr. L. Gene DeVillier, who was purchasing property from Mr. Rayford Jeanis, to allow one of the existing metal buildings located on the northeast corner to remain on the property for storage of lawn equipment and small tools, said property being located on Manuel Road in Ward Three, Police Jury District 7: (On September 23, 2004, the Police Jury adopted an ordinance amending previous action taken by the Police Jury on May 22, 2003, to add the following stipulation: “that the two buildings, two manufactured homes, a flat bed trailer, and three vehicles must be removed from the premises within thirty days of zoning approval,” no later than October 23, 2004. The Planning and Zoning Board met on November 1, 2004, and voted unanimously to recommend that the building be allowed to remain on the property.)

ORDINANCE NO. 4833

AN ORDINANCE amending Ordinance No. 4801, adopted by the Police Jury on September 23, 2004, which amended Ordinance No. 4551, adopted by the Police Jury on May 22, 2003, (Zoning Case RZ03-014-03), to allow the purchaser of the property, Mr. L. Gene DeVilier, to utilize one metal building located on the northeast corner of the property for storage of lawn equipment and small tools, and to allow said metal building to remain on the property.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18^th day of November, 2004, that Ordinance No. 4801, adopted by the Police Jury on September 23, 2004, which amended Ordinance No. 4551, adopted by the Police Jury on May 22, 2003, (Zoning Case RZ03-014-03), is hereby further amended to amend stipulation No. 4 of Ordinance No. 4551 (which required that “all buildings and vehicles must be removed from the premises within one year of zoning approval”) to allow the purchaser of the property, Mr. L. Gene DeVilier, to utilize one metal building located on the northeast corner of the property for storage of lawn equipment and small tools, and to allow said metal building to remain on the property, on the following property:

Com at a point 924.8’ E of NW cor of SW/4 of SW/4 of S29, T10S, R8W, Calcasieu Parish, Louisiana, thence S 212.3’ to N line of Manuel Road; thence E on N line of Manuel Road, 666.5’; thence N 212.3’ to N line of SE/4 of SW/4 of said S29; thence W on N line of said SE/4 of SW/4 and SW/4 of SW/4 of said S29, a distance of 666.5’ to poc.

BE IT FURTHER ORDAINED that the above described property is hereby classified and ratified as R-2 (Mixed Residential).

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

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

THUS DONE AND PASSED on the 18^th day of November, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

Upon motion made by Dr. Mackey, which was duly seconded by Mr. Manuel 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 Stine Brothers, LLC to clear, grub, grade, and place fill, as necessary, to construct a retail building materials store and parking lot and dredge a stormwater retention pond for drainage improvements. Approximately 5,502 cubic yards of native earthen material, 5,524 cubic yards of hauled-in clays and silts, and 3,776 cubic yards of limestone aggregate will be deposited in wetlands, as required to construct the proposed facility. Project implementation will impact approximately 5.146 acres of which 0.90 acres have been identified as jurisdictional wetlands. Said project is located off Nelson Road, in Lake Charles, Louisiana, in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Stine Brothers, LLC 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 Lake Charles.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18^th day of November, 2004, that it does hereby indicate no objection to the proposal of Stine Brothers, LLC to clear, grub, grade, and place fill, as necessary, to construct a retail building materials store and parking lot and dredge a stormwater retention pond for drainage improvements. Approximately 5,502 cubic yards of native earthen material, 5,524 cubic yards of hauled-in clays and silts, and 3,776 cubic yards of limestone aggregate will be deposited in wetlands, as required to construct the proposed facility. Project implementation will impact approximately 5.146 acres of which 0.90 acres have been identified as jurisdictional wetlands. Said project is located off Nelson Road, in Lake Charles, Louisiana, in Calcasieu Parish.

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 Mr. Collins, seconded by Dr. Mackey 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 ConocoPhillips to dredge an area to provide adequate depths for marine vessel access. The dredging operation will occur within an area approximately 900 feet long by 250 feet wide and consist of the removal of approximately 40,000 cubic yards of channel bottom material. Also, dredge and place material to construct containment levees as necessary to deposit dredged material within Disposal Site No. 5 situated adjacent to the Calcasieu River. Said project is located in the Calcasieu River, Section 36, Township 10 South, Range 10 West, in Sulphur, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of ConocoPhillips 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 18^th day of November, 2004, that it does hereby indicate no objection to the proposal of ConocoPhillips to dredge an area to provide adequate depths for marine vessel access. The dredging operation will occur within an area approximately 900 feet long by 250 feet wide and consist of the removal of approximately 40,000 cubic yards of channel bottom material. Also, dredge and place material to construct containment levees as necessary to deposit dredged material within Disposal Site No. 5 situated adjacent to the Calcasieu River. Said project is located in the Calcasieu River, Section 36, Township 10 South, Range 10 West, in Sulphur, 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.

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

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by Oliver G. Richard III to drive timber pilings as necessary to construct a 56 feet long x 54 feet wide elevated boat house with upper and lower decks, screened porch, storage area and access walkway. The proposed structures are to be located approximately perpendicular to the mean high water shoreline and extending 80 feet channelward therefrom. Said project is located at 1301 Shell Beach Road, on the South Shore of Lake Charles, Louisiana in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Oliver G. Richard III 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 18^th day of November, 2004, that it does hereby indicate no objection to the proposal of Oliver G. Richard III to drive timber pilings as necessary to construct a 56 feet long x 54 feet wide elevated boat house with upper and lower decks, screened porch, storage area and access walkway. The proposed structures are to be located approximately perpendicular to the mean high water shoreline and extending 80 feet channelward therefrom. Said project is located at 1301 Shell Beach Road, on the South Shore of Lake Charles, Louisiana in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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

It was moved by Mr. McMillin and seconded by Mr. Moon that a resolution of objection be adopted relative to the proposal of Mr. Joseph R. Palermo, Jr. to clear and grade a 47-acre tract, dredge to construct drainage facilities, and place earthen fill for homesites and driveways, all as necessary to develop a 42-lot single family residential subdivision located on the northwest corner of the intersection of High Hope Road and Heurtevant Road near Sulphur. (The work described within the application was partially completed prior to obtaining a Department of the Army permit and was in violation of Section 301 of the Clean Water Act. All legal issues concerning the authorized work had since been deferred. The Planning Staff recommended that the Police Jury object to this project application due to poor drainage and flooding which was occurring in the area.)

Mr. Landry pointed out that this was not Mr. Palermo’s first subdivision development, and it seemed to him that Mr. Palermo would have known the proper procedures.

President Clement stated that three persons had turned in a “Request to Appear” form. Mr. Andrepont called for a point of order, stating that the issue was moot. President Clement stated that the jurors did not have to vote in favor of the motion on the floor and that he would allow the persons who had requested to speak, an opportunity to do so if they desired.

President Clement then called on the following persons, and each one declined to speak, pointing out that they agreed with the motion on the floor: Mr. Mitch Martin, 3649 Heurtevant Road, Sulphur; Mrs. Martha Johnson, 3541 Harmon Broussard Road, Sulphur; and Ms. Sherry Foster, 3583 Hebert Drive, Sulphur.

Mr. Smart advised them to voice their objections in writing to the Corps of Engineers, and Mrs. Johnson stated that the Corps had received a letter from them relative to this matter.

A vote taken on the motion on the floor carried unanimously; 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 Joseph R. Palermo, Jr. to clear and grade a 47 acre tract, dredge to construct drainage facilities and place earthen fill for homesites and driveways, all as necessary to develop a 42 lot single family residential subdivision. Approximately 24.0 acres of jurisdictional mixed pine/bottomland hardwood wetlands would be impacted by project implementation. Said project is located on the northwest corner of the intersection of High Hope Road and Heurtevant Road, in Section 35, T8S - R10W, in Sulphur, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development evaluated the proposal of Joseph R. Palermo, Jr. 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 was cause for objection to the permit application based on poor drainage and flooding that is occurring in this area of the Parish; and

WHEREAS, several people attended the regular meeting of the Calcasieu Parish Police Jury on November 18, 2004, in opposition to the permit application because of drainage problems in the area of the proposed development; and

WHEREAS, after discussion of this matter, the Police Jury voted unanimously to issue a resolution of objection to the proposal of Joseph R. Palermo, Jr. to develop a residential subdivision at the corner of High Hope Road and Heurtevant Road due to the need for the current drainage problem to be resolved and not further exacerbated.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18^th day of November, 2004, that it does hereby indicate objection to the proposal of Joseph R. Palermo, Jr. to clear and grade a 47 acre tract, dredge to construct drainage facilities and place earthen fill for homesites and driveways, all as necessary to develop a 42 lot single family residential subdivision. Approximately 24.0 acres of jurisdictional mixed pine/bottomland hardwood wetlands would be impacted by project implementation. Said project is located on the northwest corner of the intersection of High Hope Road and Heurtevant Road, in Section 35, T8S - R10W, in Sulphur, in Calcasieu Parish, Louisiana

BE IT FURTHER RESOLVED that the position of the Police Jury in objecting to this permit application is based on the existing drainage problems in this particular area of the Parish and the fact that any further development will only exacerbate said drainage problems.

THUS PASSED AND ADOPTED on the date above inscribed.

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

With regard to the foregoing resolution, Mr. McMillin thanked the residents of the High Hope Road area who had come out in force against this proposal. He stated that he appreciated their hard work and diligence in holding meetings at their homes. Mr. McMillin acknowledged the flooding problems that existed in this area of the Parish, and he would do everything possible to help.

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

RESOLUTION

WHEREAS, the property located at 3716 Back Bay Court, Westlake, Louisiana, in Ward Four of Calcasieu Parish has flooded six times since 1980, and as a result thereof, insurance claims have been paid by federal flood insurance in the amount of $213,005; and

WHEREAS, said property has been appraised at $191,000; and

WHEREAS, funds have been received from the Federal Emergency Management Agency (FEMA) for the purpose of buying this property and demolishing the improvements situated thereon; and

WHEREAS, the buy-out of this property will be done on a 75%–25% matching fund basis, whereby the Parish will purchase the property for $136,853.20, which is 75% of the fair market value of the house and associated costs related to demolition and closing; and

WHEREAS, the demolition of the improvements situated on the property must be accomplished within 90 days of the closing of the sale.

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 18^th day of November, 2004, that it does hereby authorize the purchase of property and improvements located at 3716 Back Bay Court, Westlake, Louisiana, in Ward Four from Jack Reed, in accordance with federal guidelines for Project No. HMGP 1437-019-0002.

BE IT FURTHER RESOLVED that the property will be used as open space.

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.

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Motion was made by Mr. Danahay and seconded by Mr. Kleckley to approve the Budget Committee Report dated November 18, 2004.

Mr. Danahay, Chairman of the Budget Committee, briefly reported that Mr. McMurry had presented the FY 2005 budget to the Committee and pointed out several increases, those being medical expenses for prisoners incarcerated in the Parish jail, as well as an increase in the Parish’s portion of employee retirement contributions. Mr. Danahay advised that the total amount of the FY 2005 budget was $143,435,289. He thanked Mr. McMurry and his staff, as well as Mr. Milner and his staff, particularly Ms. Tammy Bufkin who he referred to as the “wizard of the budgetary process”. Mr. Danahay also pointed out that this was the 17^th year in a row that a balanced budget had been presented to the Police Jury.

A brief discussion was held on the remaining actions taken by the Committee, and a vote taken on the motion on the floor carried unanimously; whereupon, the following report and all recommendations contained therein were approved:

BUDGET COMMITTEE REPORT

November 18, 2004

______________________________

A meeting of the Budget Committee was held at 4:00 p.m. on Thursday, November 18, 2004, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Mike Danahay, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mrs. Elizabeth Conway Griffin, Mr. Chuck Kleckley, Charles S. Mackey, D.D.S., Mrs. Sandy Treme, and President Brent Clement, Ex-Officio

Absent: None

Also present were Police Jurors Tony Guillory, Don Manuel, and Tony Stelly, and Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Tammy Bufkin, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mrs. Kathy P. Smith, Mr. Claude Smart, Mr. Gerry Trahan, and Mr. Allen Wainwright.

Said Committee:

(1) Received the administrative presentation of the Parish’s Fiscal Year 2005 Budget in the amount of $143,435,289.

(2) Recommended that the request of the Board of Commissioners of Recreation District No. One of Ward Eight be approved for a six-month extension to complete Phase Two (walking path) in the recreational area near LeBleu Settlement School. (On April 18, 2002, the Police Jury awarded $25,000 to this recreation district for the purchase of playground equipment for White Oak Park, and on November 21, 2002, the Police Jury approved the reallocation of this 2002 grant to the above referenced project.)

(3) Recommended that the request of the Calcasieu Council on Aging be approved for a four-month extension of the previously approved supplemental grant of $100,000 for the Meals for Seniors Program in the amount of $33,000 in order to have the grant funding coincide with the Parish’s fiscal year.

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Upon motion made by Mr. Manuel, which was duly seconded by Mr. Stelly 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 18^th day of November, 2004, that it does hereby approve an agreement between the Police Jury and the Louisiana Department of Transportation and Development for the construction of a sidewalk on the west side of Prater Road, from Old Spanish Trail to the Southern Pacific railroad tracks.

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.

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Motion was made by Mrs. Griffin and seconded by Mr. Manuel that a resolution be adopted accepting State Project No. 713-10-0103, Federal Aid Project No. BRO-002(492) (Welcome Road Bridge) as complete.

Mr. Smart recommended that the Police Jury include in the resolution that the Police Jury would assume maintenance of the improvements upon completion which would include, but not be limited to, providing adequate signing, striping, and other traffic control devices, both initial and future.

Mrs. Griffin amended her motion, and Mr. Manuel accepted said amendment, to include Mr. Smart’s recommendation.

A vote taken on the motion on the floor as amended carried unanimously; whereupon, the following resolution was adopted:

RESOLUTION

WHEREAS, final inspection was made by the State of Louisiana, Department of Transportation and Development, and Calcasieu Parish Bridge Inspectors on State Project No. 713-10-0103 (Welcome Road Bridge) on November 8, 2004; and

WHEREAS, all work was found to be substantially complete in accordance with approved plans and specifications; and

WHEREAS, the agreement between the Louisiana Department of Transportation and Development and the Calcasieu Parish Police Jury requires that the Police Jury assume maintenance of the improvements upon completion; and

WHEREAS, the Calcasieu Parish Police Jury acknowledges that maintenance of the improvements includes, but is not limited to, providing adequate signing, striping, and other traffic control devices, both initial and future.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 18^th day of November, 2004, that it does hereby accept State Project No. 713-10-0103 (Welcome Road Bridge) as being complete, and assuming full maintenance of same.

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It was moved by Mr. Andrepont, seconded by Mr. Stelly 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 18^th day of November, 2004, that it does hereby authorize the President of the Police Jury to execute the necessary documentation with reference to the dedication of a road located on the West Calcasieu Cameron Hospital Service District’s property adjacent to their Dynamic Dimensions facility in Ward One, with the Hospital Service District being responsible for the costs related to the repair of said road to Police Jury standards, which is estimated to be between $30,000-$35,000.

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Mr. Stelly, seconded by Mr. McMillin 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 18^th day of November, 2004, that it does hereby approve an agreement between the Police Jury and Moss Architects, Inc. for improvements to the Burton Memorial Coliseum Complex.

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 Mr. McMillin and seconded by Mr. Manuel that the Calcasieu Parish Health Unit Parking Addition be accepted as substantially complete.

Mrs. Griffin pointed out that renovations to the Health Unit had begun when she was serving as President of the Police Jury (in 2001) and that the finished product was beautiful.

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

Upon motion made by Mr. Manuel, which was duly seconded by Mrs. Griffin and carried unanimously, the staff’s recommendation was approved, and the low bid of Lake Charles Music, Inc. in the amount of $24,516.00 was accepted, complete as per all specifications, for audio and video equipment for use at the Calcasieu Parish Health Unit, said bids having been received by the Parish Purchasing Agent on November 9, 2004.

Motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the staff’s recommendation be approved, and the low bid of Martin Truck Center in the amount of $17, 331.40 be accepted, complete as per all specifications, for purchase of one new one-half ton crew cab truck for use by the Mosquito Control Department, said bids having been received by the Parish Purchasing Agent on November 9, 2004.

It was moved by Mr. Moon, seconded by Mr. Stelly and carried unanimously to authorize the Parish Purchasing Agent to advertise for bids for purchase of one new 2005 mid-size, four-door, utility vehicle for use by the Workforce Investment Act (WIA), Program Department.

With reference to the foregoing and in answer to a question by Mrs. Griffin, Mr. McMurry explained that this vehicle was for travel by WIA staff.

Upon motion made by Mrs. Treme, which was duly seconded by Mr. Moon and carried unanimously, the rules were suspended by a two-thirds majority vote to authorize the President of the Police Jury to execute the necessary documents for donation of right-of-way from Terry Lee Mooney and Cynthia Diane Mooney for drainage improvements on Soileau Road in Ward One, in accordance with criteria established by the Police Jury and recommendation of the Parish Engineer.

Motion was made by Mrs. Treme, seconded by Mr. McMillin and carried unanimously that the rules be suspended by a two-thirds majority vote to authorize the Parish Purchasing Agent to advertise for bids for the materials necessary to replace Bridge No. 050 on Pete Seay Road in Ward Four.

The time being 5:52 p.m., President Clement declared an eight-minute recess prior to holding a public hearing scheduled for 6:00 p.m.

At 6:00 p.m. President Clement reconvened the meeting and advised that a public hearing would be held at this time, as a result of notice provided to the owner of properties described below, in accordance with Article II-Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, ordering said owners to show cause as to why the structures on said properties should not be condemned: