January 6, 2005

                                                                                    Lake Charles, Louisiana


            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, January 6, 2005, 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; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Ed McGuire of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; 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 Mr. Scott Peterson, which was followed by the Pledge of Allegiance led by Mr. McMillin. 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.


            Before opening the floor for nominations for the office of President of the Police Jury for the ensuing year, President Clement gave a brief recap of the major accomplishments of 2004 as follows: (1) Nelson Road widening and improvements; (2) Continuation of the Motorist Assistance Program (MAP); (3) the 11th year anniversary of the Road and Drainage Trust Fund which had funded since its inception approximately $50.2 million of projects in Calcasieu Parish, with the Police Jury contributing $11 million as matching funds for said projects; (4) passage of four critical tax renewals; (5) completion of a Police Jury-commissioned study regarding sewerage discharge into roadside ditches; (6) recent award of contracts for improvements at Intracoastal and Prien Lake parks which would make both facilities “flagship” parks to be enjoyed for many generations to come; (7) completion of the sale of the Muller’s Building which would help with revitalization of the downtown Lake Charles area; (8) an agreement to provide office space in the Magnolia Building for the Southwest Louisiana Partnership for Economic Development; and (9) receipt of the Government Finance Officers Association’s prestigious award, the Certificate of Excellence in Financial Reporting, for the 12th consecutive year.

 

            President Clement stated that he hoped the citizens of Calcasieu Parish appreciated how good the staff was, and he thanked his fellow jurors for the privilege of serving as President. He said it would be a treasured memory of his for years to come.

 

            President Clement then opened the floor for nominations for the office of President of the Police Jury for the ensuing year.

 

            Mr. Andrepont nominated Mr. McMillin for the office of President, and Mr. Moon seconded said nomination. Motion was then made by Mr. Kleckley, seconded by Mrs. Treme and carried unanimously that nominations be closed and that Mr. McMillin be elected President by acclamation.

 

            President McMillin assumed the chair and thanked his fellow jurors for bestowing on him the honor of serving as President. He stated that he hoped to live up to former-President Clement’s guidance and leadership.

 

            Mr. Andrepont, on behalf of all of the jurors, wished President McMillin well and offered assistance to him whenever it was needed.

 

            President McMillin welcomed Dr. Mackey who was attending his first meeting since his open heart surgery in late November.

 

            President McMillin then opened the floor for nominations for the office of Vice-President of the Police Jury for the ensuing year.

 

            Mrs. Griffin nominated Mr. Collins, and Mr. Stelly seconded said nomination. Motion was then made by Mr. Kleckley, seconded by Mr. Manuel and carried unanimously that nominations be closed and that Mr. Collins be elected Vice-President by acclamation.

 

            President McMillin then presented an engraved plaque and gavel to outgoing-President Clement and to outgoing-Vice-President Danahay. Mr. Clement presented President McMillin with a copy of Robert’s Rules of Order to help him in the coming year. Mr. Clement pointed out that when he had been elected President, his predecessor, Mr. Kleckley, had presented him with this copy of the book, and he hoped it would become a tradition of passing it along to each new President.

 

            President McMillin recognized his wife, Sue, and his daughter, Amy, as being present at the meeting on this date. He also recognized Deputy Waymon Jones, former State Police Commander, who was presently in charge of the Moss Bluff Sub-Station of the Calcasieu Parish Sheriff’s Department and who was President McMillin’s liaison to said Department.

 

            President McMillin advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for an oil, gas, and mineral lease on certain tracts (9.4601692 acres) of land in Section 26, Township 10 South, Range 12 West in Ward Seven (Police Jury District 12), and appropriate action would be taken thereon.

 

            Mr. McMurry then proceeded to open the bid of Mayne and Mertz, Inc., the details of which are outlined in the following resolution which was adopted upon motion made by Mr. Stelly, seconded by Mr. Manuel, and carried unanimously:

 

RESOLUTION

 

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6th day of January, 2005, that it does hereby accept the bid of Mayne & Mertz, Inc., for a mineral lease on the following described property, to-wit:

 

That certain tract of land containing 9.4601692 acres, more or less, situated in the East Half of the Northeast Quarter (E/2 NE/4) of Section 26, Township 10 South, Range 12 West, Calcasieu Parish, Louisiana, and being more particularly identified as the streets known as Delta Drive, Custer Drive, Hilary Drive, Amanda Drive and all adjacent and adjoining easements as shown on that plat of survey titled South Vinton Estates Part 1 and dated May 1, 1979, prepared by Philip L. Whitaker and recorded in Plat Book 28, Page 37, bearing File No. 1558993 of the conveyance records of Calcasieu Parish, Louisiana, and on that plat of survey titled South Vinton Estates Part 2 and dated March 29, 1979, and revised May 1, 1979, prepared by Philip L. Whitaker and recorded in Plat book 28, Page 39, bearing File No. 1558995 of the conveyance records of Calcasieu Parish, Louisiana.


for a three-year lease with a cash bonus of One Thousand Eight Hundred Ninety Two and 04/100 Dollars ($1,892.04) and an annual rental of Nine Hundred Forty Six and 02/100 Dollars ($946.02) and with the Calcasieu Parish Police Jury to receive twenty-two percent (22%) of all oil produced and saved or utilized, twenty-two percent (22%) of all gas produced and saved or utilized, twenty-two percent (22%) of all sulphur produced and saved, and twenty-two percent (22%) of all other liquid or gaseous hydrocarbon minerals produced and saved.


            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury is hereby authorized to execute the necessary lease contract to consummate this transaction.


* * * * * * * * * * *


            President McMillin advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for an oil, gas, and mineral lease on certain tracts (1.478099 acres) of land in Section 33, Township 9 South, Range 7 West in Ward Eight (Police Jury District 4), and appropriate action would be taken thereon.

 

            Mr. McMurry then proceeded to open the bid of Mayne and Mertz, Inc., the details of which are outlined in the following resolution which was adopted upon motion made by Mr. Manuel, seconded by Mr. Kleckley, and carried unanimously:

 

RESOLUTION

 

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6th day of January, 2005, that it does hereby accept the bid of Mayne & Mertz, Inc., for a mineral lease on the following described property, to-wit:

 

That certain tract of land containing 1.478099 acres, more or less, situated in the South Half of the Southeast Quarter (S/2 SE/4) and the Southeast Quarter of the Southwest Quarter (SE/4 SW/4) of Section 33, Township 9 South, Range 7 West, Calcasieu Parish, Louisiana, and being more particularly identified as the street known as Garreth Road and all adjacent and adjoining easements as shown on that plat of survey titled McCown Ridge Subdivision Part 1 and dated June 21, 1995, prepared by W. L. Haymon and recorded in Plat Book 34, Page 118, bearing File No. 2267614 of the conveyance records of Calcasieu Parish, Louisiana.


for a three-year lease with a cash bonus of Two Hundred Ninety Five and 62/100 Dollars ($295.62) and an annual rental of One Hundred Forty Seven and 81/100 Dollars ($147.81) and with the Calcasieu Parish Police Jury to receive twenty-two percent (22%) of all oil produced and saved or utilized, twenty-two percent (22%) of all gas produced and saved or utilized, twenty-two percent (22%) of all sulphur produced and saved, and twenty-two percent (22%) of all other liquid or gaseous hydrocarbon minerals produced and saved.


            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury is hereby authorized to execute the necessary lease contract to consummate this transaction.


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


            President McMillin reminded everyone that there were two very important tax propositions on the ballot for the upcoming election on Saturday, January 15, 2005, for the Calcasieu Parish Mosquito Control Program and for the Chennault International Airport Authority. President McMillin advised that Mr. Lucas Terracina, Director of Calcasieu Parish Mosquito Control, and Mr. George Heard, Executive Director of the Chennault International Airport, were both present in the audience and would each be allowed to give a brief presentation regarding their respective propositions.

 

            Mr. Terracina appeared before the Police Jury at this time and distributed copies of the presentation he had previously given the Jury on October 7, 2004. He talked about the importance of continued funding for mosquito control which affected public health, human health, and animal health, as well as economic development, enjoyment of recreational venues, etc.

 

            Mr. Terracina pointed out that the “Lake Charles American Press” had, on this date, endorsed the continuation of the tax. He also pointed out that the slight increase (from 1.87 to 2.41 mills) was to continue operation of the program as it was currently being operated, and to not cut services to the public. Mr. Terracina urged anyone who had questions to call him or come buy and visit the mosquito control facility.

 

            Mr. Manuel pointed out that the very slight increase was in his opinion justified by the service provided by Mosquito Control. He stated that it was a good program which the Parish could not afford to lose, and he encouraged everyone to vote.

 

            Mr. George Heard, Executive Director of the Chennault International Airport Authority, then appeared before the Police Jury with regard to continuation of the tax which funded the operation at Chennault. Mr. Heard pointed out that the proposition was actually a reduction in the millage, and he anticipated that trend to continue in the future. Mr. Heard stated that economic development efforts would increase. He pointed out that renewal of the tax would allow the grant to Southland Field to be increased from $120,000 to $200,000, and the grant to the DeQuincy Airport from $60,000 to $100,000. Mr. Heard advised that both of these facilities were vital elements of the air activity in Calcasieu Parish.

 

            Mr. Heard stated that the Chennault Airport accounted for about 15% of the non-petrochemical jobs in the Parish with a $50 million payroll plus benefits, and he further stated that the Airport’s impact on the economy was approximately $190 million, totaling $3.2 billion since the Authority’s creation by the Louisiana Legislature in 1986. Mr. Heard distributed copies of a packet with information regarding the Airport and its need for continued funding, and he thanked the jurors for their support.

 

            President McMillin presented retirement plaques at this time to the following retirees:

 

                      Janet K. Bice                           Office of Juvenile Justice Services                 9 years

                      Edward M. Gore                       West Maintenance Facility                              23 years

                      William P. Vincent                    Facility Management Department                    12 years

 

            Mrs. Martha Parnell, Director of the Office of Juvenile Justice Services, Mr. Allen Wainwright, Public Works Engineer, and Mr. Gerry Trahan, Director of Facility Management, spoke of the attributes and work ethic of each employee, and those who received the plaques thanked the Jury for same. 

 

            The hour being 6:00 p.m., President McMillin 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:

 

                      299 BERGSTROM ROAD, Carlyss area, Com 396 Ft S and 1320 Ft W of NE Cor NE SW 22.10.10, TH S 264 Ft, E 165 Ft etc, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Theresa Tarver, 2113 Hwy 109 S, Vinton, LA 70668, TA# 00139041 (Police Jury District 12); and

 

                      3235 HIGHWAY 108, South Carlyss area, Com 660 Ft W of SE Cor SW SW 31.10.10 W 104.3 Ft, N 417.4 Ft etc., Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Ronnie Joseph Guidry, 623 Iris Street, Lake Charles, LA 70601, Bond for Deed Buyer: Debra Lynn Kittner, P O Box 264, Hackberry, LA 70645 TA# 00141992 (Police Jury District 12).


            With reference to the first piece of property located at 299 Bergstrom Road in the Carlyss area, Mr. Vickers advised that action on condemnation of said property had previously been deferred by the Police Jury to allow the property owner time to make repairs; however, he reported that no repairs had been made, and he recommended that the manufactured home be condemned and demolished within thirty days.

 

            President McMillin asked if there was anyone present in the audience to address the Police Jury with regard to this piece of property and hearing no comments, motion was made by Mr. Clement, seconded by Mr. Andrepont and carried unanimously that the staff’s recommendation be approved and that the following ordinance be adopted:

 

ORDINANCE NO. 4858

 

AN ORDINANCE ordering condemnation and demolition of one manufactured home on property located at 299 Bergstrom Road (Com 396 Ft S and 1320 Ft W of NE Cor NE SW 22.10.10, TH S 264 Ft, E 165 Ft etc); Tax Assessment No. 00139041), Carlyss area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Theresa Tarver.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6th day of January, 2005, that:


            SECTION 1.   The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home on property located at 299 Bergstrom Road (Com 396 Ft S and 1320 Ft W of NE Cor NE SW 22.10.10, TH S 264 Ft, E 165 Ft etc); Tax Assessment No. 00139041), Carlyss area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Theresa Tarver, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 6th day of January, 2005, and is final unless appealed within five (5) days.


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


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


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


            SECTION 5.   This ordinance shall become effective immediately.


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

                                                                                  

                                                                                    /s/ Hal McMillin, President

                                        

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


 * * * * * * * * * * * *


            With respect to the second piece of property located at 3235 Highway 108 in the south Carlyss area, Mr. Vickers advised that the owners had obtained a demolition permit and would pursue demolition of the manufactured home, and he recommended that action on this proposed condemnation be deferred for sixty days.

 

            President McMillin asked if there was anyone present in the audience to address the Police Jury with respect to this piece of property and hearing no comments, motion was made by Mr. Moon, seconded by Mr. Clement and carried unanimously that action be deferred for sixty days with regard to condemnation of property located at 3235 Highway 108 in the south Carlyss area.

 

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


WARD I


Natural Lands, LLC

David Dwight – Member

PARKSIDE MARINA

2735 Sam Houston Jones Prkwy

Lake Charles, LA 70611                                   Beer – Pkg. – ‘2005                          31.25

(Don Manuel’s District)

WARD III


SM Petroleum, Inc.

Prince Nur – Secretary

QUICK CHECK #7

5929 Gulf Hwy.

Lake Charles, LA 70607                                  Liquor & Beer – Pkg. – ‘2005           93.75

(Chris Landry’s District)



WARD IV


Lacie Perkins d/b/a

THIB’S COUNTRYSIDE GROCERY

1164 West Dave Dugas Road

Sulphur, LA 70665                                          Beer – Pkg. – ‘2005                          31.25

(Brent Clement’s District)


Fisherman’s Headquarters, Inc.

Charles Carr II – Vice President

FISHERMAN’S HEADQUARTERS

5340 Hwy. 27 South

Sulphur, LA 70665                                          Beer – Pkg. – ‘2005                          31.25

(Brent Clement’s District)

 

        TOTAL REMITTANCE:                                                   $187.50


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

 

            It was moved by Mr. Kleckley, seconded by Mr. Stelly and carried unanimously to approve the payment of all current invoices.

 

            Motion was made by Mr. Manuel, seconded by Mr. Stelly and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated December 2, 2004, be approved, and the reading of same was dispensed with.

 

            Upon motion made by Mr. Kleckley, which was duly seconded by Mr. Guidry 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 Tom Romero/Pat McConnaughhay to excavate approximately 76,217 cubic yards of native earthen material to construct two ponds and redistribute dredged material along with 5,000 cubic yards of asphalt and 1,800 cubic yards of concrete, as necessary, to construct a RV park and recreational area consisting of a pavilion, store, restrooms/laundry, meeting room, recreation center, shop, 17 cabins, roadways, and 372 RV parking spaces. The proposed project will impact approximately 60 acres, of which, 18.8 acres have been identified as jurisdictional wetlands. Said project is located off Mosswood Road, at Sulphur, in Calcasieu Parish, Louisiana; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Tom Romero/Pat McConnaughhay 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 6th day of January, 2005, that it does hereby indicate no objection to the proposal of Tom Romero/Pat McConnaughhay to excavate approximately 76,217 cubic yards of native earthen material to construct two ponds and redistribute dredged material along with 5,000 cubic yards of asphalt and 1,800 cubic yards of concrete, as necessary, to construct a RV park and recreational area consisting of a pavilion, store, restrooms/laundry, meeting room, recreation center, shop, 17 cabins, roadways, and 372 RV parking spaces. The proposed project will impact approximately 60 acres, of which, 18.8 acres have been identified as jurisdictional wetlands. Said project is located off Mosswood Road, at 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.


            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. Manuel, seconded by Mr. Stelly 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 Citgo Petroleum Corporation to install and maintain twelve new monopole dolphins, eight new timber clusters and three new access walkways, all to berth and/or dock product barges. The proposed structures are to be located approximately 6.5 feet channelward of an existing fender line. Project implementation will not require dredge or fill activities. Said project is located on the Right descending bank of the Calcasieu River at a point approximately 29 miles above the mouth of the waterway, and 5 miles Southeasterly from Sulphur, in Calcasieu Parish, Louisiana; 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


            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 6th day of January, 2005, that it does hereby indicate no objection to the proposal of Citgo Petroleum Corporation to install and maintain twelve new monopole dolphins, eight new timber clusters and three new access walkways, all to berth and/or dock product barges. The proposed structures are to be located approximately 6.5 feet channelward of an existing fender line. Project implementation will not require dredge or fill activities. Said project is located on the Right descending bank of the Calcasieu River at a point approximately 29 miles above the mouth of the waterway, and 5 miles Southeasterly from 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, 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.


            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.


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


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

 

RESOLUTION


            WHEREAS, the Secretary of Transportation and Development is authorized to make grants for mass transportation projects; and


            WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provisions by it of the local share of project costs; and


            WHEREAS, it is required by the Louisiana Department of Transportation and Development in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and


            WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment or consultant and other services.


        NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, on behalf of the Calcasieu Parish Office of Community Services, in regular session convened on the 6th day of January, 2005, that it does hereby approve the submittal of this resolution authorizing the filing of an application with the Louisiana Department of Transportation and Development to aid in the financing of operating and/or capital assistance projects pursuant to the Rural Public Transit Program, 49 CFR 5311 and/or Discretionary Capital Program, 49 CFR 5309.


            BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, is authorized to execute and file an application on behalf of the Calcasieu Parish Police Jury Public Transit System with the Louisiana Department of Transportation and Development to aid in the financing of operating and/or capital assistance projects pursuant to the Rural Public Transit Program 49 CFR 5311 and/or the Discretionary Capital Program, 49 CFR 5309.


        BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, is authorized to execute and file with such applications an assurance or any other document required by the Louisiana Department of Transportation and Development effectuating the purposes of Title VI of the Civil Rights Act of 1964, as amended.


            BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, is authorized to furnish such additional information as the Louisiana Department of Transportation and Development may require in connection with the application or the project.


            BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, is authorized to set forth and execute affirmative minority business policies in connection with the project’s procurement needs.


            BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, is authorized to execute grant contract agreements on behalf of the Calcasieu Parish Police Jury, Office of Community Services, with the Louisiana Department of Transportation and Development for aid in the financing of the operating or capital assistance projects.


            BE IT FURTHER RESOLVED that this resolution is applicable for a period of one year unless revoked by the governing body and copy of such revocation shall be furnished to the DOTD.


            THUS DONE AND PASSED on the date above inscribed.


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


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

 

RESOLUTION

 

A Resolution granting approval of the application of Waterworks District No. Eight of Wards Three and Eight of the Parish of Calcasieu, Louisiana, to conduct an election within said District presenting a proposition to the voters to levy and collect a 10-year, 6.24-mill ad valorem tax to be used for the purpose of acquiring, constructing, improving, maintaining or operating the District’s waterworks system.


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, the governing authority of the Parish of Calcasieu, State of Louisiana, as follows:


            SECTION 1. The Calcasieu Parish Police Jury, the governing authority of the Parish of Calcasieu, Louisiana, does hereby grant approval, consent and authority for the Board of Commissioners of Waterworks District No. Eight of Wards Three and Eight of the Parish of Calcasieu, Louisiana (the “District”), the governing authority of said District, to conduct a special election on Saturday, April 2, 2005, presenting to the voters a proposition to levy and collect a 10 year ad valorem tax of 6.24 mills, as previously collected in said District and as set forth in the following proposition:


PROPOSITION

 

SUMMARY: 10 YEAR, 6.24 MILLS PROPERTY TAX FOR ACQUIRING, CONSTRUCTING, IMPROVING, MAINTAINING OR OPERATING THE WATERWORKS SYSTEM OF WATERWORKS DISTRICT NO. EIGHT OF WARDS THREE AND EIGHT OF THE PARISH OF CALCASIEU, LOUISIANA.

 

Shall Waterworks District No. Eight of Wards Three and Eight of the Parish of Calcasieu, State of Louisiana (the “District”), levy and collect a special tax of six and twenty-four one-hundredths (6.24) mills on the dollar of assessed valuation on all property subject to taxation in the District, annually for the period of ten (10) years, beginning with the year 2005 and ending with the year 2014, for the purpose of acquiring, constructing, improving, maintaining, or operating the District’s waterworks system, a work of public improvement within said District?


            SECTION 2. In the event the foregoing proposition carries, approval, consent and authority are hereby granted to the Board of Commissioners of the District to levy and collect the tax provided for in the foregoing proposition.


            SECTION 3. The approval granted herein is intended to constitute all the approval, consent and authority required by and anticipated under the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and Section 1415 of Title 33 of the Louisiana Revised Statutes, of 1950, as amended, and any other applicable constitutional and statutory authority supplemental thereto.


            The foregoing resolution was adopted on the 6th day of January, 2005.


                                                                                    /s/ Hal McMillin, President

                                        

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


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


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

 

RESOLUTION


            WHEREAS, LSA — R.S. 46:1941.1 et seq., as amended by Act 555 of 2004, authorizes the governing authority of each parish to establish a children and youth planning board; and


            WHEREAS, the purpose of the local children and youth planning board is to assist, through collaborative efforts among local stakeholders, in the development, implementation, and operation of services which encourage positive development, diversion of children and youth from the criminal justice and foster care system, a reduction in the commitments of youth to state institutions, and provision of a community response to the growing rate of juvenile delinquency; and


            WHEREAS, Act 555 further provides that the parish governing authority’s responsibilities are to appoint the board membership in accordance with guidelines provided by the act, as well as to designate a lead agency for the board who would coordinate the activities of the board.


            NOW, THEREFORE,


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6th day of January, 2005, that the Calcasieu Parish Children and Youth Planning Board is hereby created, in accordance with LSA — R.S. 46:1941.1 et seq., as amended by Act 555 of 2004.


            BE IT FURTHER RESOLVED that the Calcasieu Parish Children and Youth Planning Board shall consist of not less than eleven and not more than twenty-five members serving two (2) year terms beginning February 1, 2005, and shall include the following:


Representation

Qty.

Position

Education

2

One member representing early childhood/elementary education and one member representing secondary and special education, both nominated by the Calcasieu Parish School Board;

 

 

 

Law Enforcement

2

Police Chief, City of Lake Charles, or designee;

Calcasieu Parish Sheriff, or designee

 

 

 

Prosecution

1

Calcasieu Parish District Attorney, or designee;

 

 

 

Public Defense

1

Executive Director, Public Defender’s Office, or designee;

 

 

 

Judiciary

1

14th Judicial District Family and Juvenile Court Judge, or designee;

 

 

 

Juvenile Justice

2

Director, Calcasieu Parish Office of Juvenile Justice Services, or designee;

District Manager, Louisiana Office of Youth Development, or designee;

 

 

 

Health Care

1

Regional Director, Louisiana Office of Public Health, or designee;

 

 

 

Mental Health

1

Regional Manager, Louisiana Office of Mental Health, or designee;

 

 

 

Substance Abuse Prevention and Treatment

1

Regional Manager, Louisiana Office for Addictive Disorders, or designee;

 

 

 

Social Services

2

Regional Manager, Louisiana Office of Community Services; or designee;

Executive Director, Educational and Treatment Council, Inc., or designee;

 

 

 

Faith Based Community

2

One member residing in Wards 1, 2, 3 or 8, and one residing in Wards 4, 5, 6 or 7, with at least one of the members being a racial minority;

 

 

 

Business Community

1

Nominated by the Southwest Louisiana Chamber of Commerce;

 

 

 

Parenting and Youth Organizations

1

Representing an agency whose services include mentoring for children and/or youth;

 

 

 

Other

1



2




2

Calcasieu Parish Police Jury liaison to the Office of Juvenile Justice Services;


Parent representatives, with one residing in Wards 1, 2, 3 or 8, and one residing in Wards 4, 5, 6 or 7, with at least one of the members being a racial minority;


Youth representatives, with one residing in Wards 1, 2, 3 or 8, and one residing in Wards 4, 5, 6 or 7, with at least one of the members being a racial minority, both being nominated by the United Way of Southwest Louisiana from its Youth Advisory Council.

 

            BE IT FURTHER RESOLVED that the Calcasieu Parish Office of Juvenile Justice Services is hereby designated as the lead agency for the board, whose duties will include, but not be limited to, coordinating the activities of the board, communicating with the Louisiana Children’s Cabinet, and reporting on board activities as appropriate.


            BE IT FURTHER AND FINALLY RESOLVED that the Calcasieu Parish Police Jury shall serve as the fiscal agent for the board, as needed.


            THUS PASSED AND ADOPTED on this, the 6th day of January, 2005.


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

 

            It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously to adopt the following resolutions, as requested by the Office of Juvenile Justice Services:

 

RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6th day of January, 2005, that it does hereby approve the submittal of a continuation grant application in an amount up to $25,000 to the Louisiana Commission on Law Enforcement, Office of Juvenile Justice and Delinquency Prevention, for the Delinquency Prevention Family Services Case Manager to identify problems and needs of juvenile offenders and their families.


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


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


            THUS DONE AND PASSED on the date above inscribed.


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


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6th day of January, 2005, that it does hereby approve the submittal of a continuation grant application in an amount up to $25,000 to the Louisiana Commission on Law Enforcement, Office of Juvenile Justice and Delinquency Prevention, for a Social Services Counselor to provide mental health services and intervention to juvenile offenders and their families.


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


            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, 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 Mrs. Treme and carried unanimously, the following resolutions were adopted, as requested by the Office of Juvenile Justice Services:

 

RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6th day of January, 2005, that it does hereby authorize the submittal of a continuation grant application in an amount up to $65,000, with a 10% match from existing funds, to the Louisiana Commission on Law Enforcement, Office of Juvenile Justice and Delinquency Prevention - Juvenile Accountability Block Grant (JABG), to continue improvements of the Calcasieu Parish Juvenile Detention Center.


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


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


            THUS DONE AND PASSED on the date above inscribed.


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


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6th day of January, 2005, that it does hereby approve the submittal of a continuation grant application in an amount up to $45,000, with 20% matching funds, to the Louisiana Commission on Law Enforcement, Crime Victims Assistance, for a Case Manager to assist victims of child abuse with obtaining intervention services.


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


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


            THUS DONE AND PASSED on the date above inscribed.


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


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6th day of January, 2005, that it does hereby approve the renewal of a Joint Services Agreement between the Police Jury, Office of Juvenile Justice Services, and the Calcasieu Parish Sheriff’s Office, to provide law enforcement personnel for the Truancy Assessment and Service Center, with associated costs to be paid through funding from Louisiana State University, Office of Social Service Research and Development.


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


            THUS DONE AND PASSED on the date above inscribed.


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


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6th day of January, 2005, that it does hereby approve the extension of an agreement between the Police Jury, Office of Juvenile Justice Services, and the Calcasieu Parish School Board, to provide an Educational Counselor for the Truancy Assessment and Service Center, with associated costs to be paid through funding from Louisiana State University, Office of Social Service Research and Development.


            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.


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


            Motion was made by Mr. Manuel, seconded by Mr. Collins and carried unanimously that the Wastewater Study Committee Report dated January 6, 2005, be approved as follows:

 

WASTEWATER STUDY COMMITTEE REPORT

January 6, 2005

______________________________


            A meeting of the Wastewater Study Committee was held at 5:00 p.m. on Thursday, January 6, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Don Manuel, Chairman, presiding and the following members present:

 

Mr. Brent Clement, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Chuck Kleckley, Charles S. Mackey, D.D.S., and Mrs. Sandy Treme

 

Absent: None


            Also present were Police Jurors Francis Andrepont, Calvin Collins, Tony Guillory, Hal McMillin, and Tony Stelly, as well as staff members Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Claude Smart, Mrs. Kathy P. Smith, and Mr. Gerry Trahan, and Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel.


            Said Committee:

 

(1)        Received an update on activities of the Wastewater Study contract negotiating team wherein Mr. Smith, legal counsel, advised that he had forwarded for review the proposed contract between the Police Jury and Meyer and Associates, Inc. to a group of attorneys in Baton Rouge who specialized in these types of programs and that he would ask that they complete their review and forward any suggestions for revisions/corrections back to him within thirty days.

 

(2)       Recommended that a resolution be adopted addressing the need for, and importance of, federal funding for wastewater management projects to protect the health, welfare and safety of the citizens of the State of Louisiana, and asking that this critical need for funding of local wastewater management programs be addressed at the federal level, and further, that a copy of the resolution be forwarded to the Louisiana Congressional Delegation, as well as the Louisiana Police Jury Association to be considered at the 81st annual convention of said Association to be held February 17, 18 and 19, 2005, in Kenner, Louisiana.


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


            It was moved by Mr. Kleckley, seconded by Mr. Manuel and carried unanimously to defer action for 90 days relative to expiration of the term of Mr. Earl Sims, Jr. as a member of the Board of Commissioners of Recreation District No. One of Ward Four representing District 14.

 

            Upon motion made by Mrs. Treme, which was duly seconded by Mr. Kleckley and carried unanimously, the following resolution was adopted reappointing Ms. Mary Frohn as a member of the Board of Control of the Calcasieu Parish Public Library System representing the City of Lake Charles:

 

RESOLUTION

 

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6th day of January, 2005, that it does hereby reappoint Ms. Mary Frohn, as a member of the Board of Control of the Calcasieu Parish Public Library System, said term to expire in January, 2010.


            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 fol