February 3, 2005

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, February 3, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Hal McMillin, President, presiding, and the following members present:

Mesdames Elizabeth Conway Griffin and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, 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 the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.

President McMillin called the meeting to order. The invocation was pronounced by Mrs. Griffin, which was followed by the Pledge of Allegiance led by Mr. Danahay. The roll was called with the result being as outlined above.

President McMillin welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.

President 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 Calcasieu Parish Project No. 2005-01 (Overlaying of Various Roads in Calcasieu Parish, Louisiana).

Mr. McMurry then proceeded to open the following bids:

Bessette Development $1,500,783.31

Prairie Contractors, Inc. $1,739,436.76

R. E. Heidt Construction Company, Inc. $1,774,106.36

Motion was made by Mrs. Griffin, seconded by Mr. Clement and carried unanimously that the bids as listed heretofore be referred to the Parish Engineer for final tabulation, with further action thereon to be taken at the Regular Meeting of the Police Jury on February 16, 2005.

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

PROCLAMATION

BE IT PROCLAIMED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of February, 2005, and in accordance with LSA—R.S. 18:402, LSA—R.S. 18:581 and LSA—R.S. 18:602, that:

SECTION 1. On January 31, 2005, the resignation of Chuck Kleckley, the duly-elected Police Juror from District 8 of Calcasieu Parish, Louisiana, became effective and was the result of his unopposed election to represent District 36 in the Louisiana House of Representatives, thereby creating a vacancy in the District 8 seat of the Calcasieu Parish Police Jury.

SECTION 2. On February 3, 2005, in regular session, the members of the Calcasieu Parish Police Jury appointed Mrs. Mary Kaye Eason to serve as the Police Juror from District 8 of the Parish of Calcasieu, Louisiana, until such time as an election is held to fill the seat.

SECTION 3. The special election for the vacated Police Jury seat from District 8 of Calcasieu Parish, Louisiana, will be held as follows:

(a) Primary election - October 15, 2005

(b) General election - November 12, 2005

SECTION 4. All persons seeking the office of Police Juror from District 8 of Calcasieu Parish, Louisiana, have August 10, August 11, and August 12, to qualify as a candidate for the vacated seat.

THUS PASSED AND ADOPTED by the Calcasieu Parish Police Jury, convened in regular session on the 3^rd day of February, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Secretary

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RESOLUTION

WHEREAS, Chuck Kleckley was elected to a four-year term on the Calcasieu Parish Police Jury representing District 8 of Calcasieu Parish, Louisiana; and

WHEREAS, Mr. Kleckley was recently elected (unopposed) as a member of the Louisiana House of Representatives, District 36, thereby creating a vacancy in the District 8 seat of the Calcasieu Parish Police Jury; and

WHEREAS, under Louisiana law, it is the duty of the Calcasieu Parish Police Jury to timely fill this vacancy for the interim period until an election can be held in accordance with law.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of February, 2005, that it does hereby appoint Mrs. Mary Kaye Eason, effective as of this date, as a member of the Calcasieu Parish Police Jury representing District 8 of Calcasieu Parish, Louisiana, with said appointment to expire at such time as the vacancy is filled by an election in accordance with law.

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

In accordance with the foregoing, Mrs. Mary Kaye Eason was officially sworn in and took her Oath of Office, administered by Allen L. Smith, Jr., general counsel to the Police Jury.

President McMillin congratulated Mrs. Eason, on behalf of the Jury, and stated that they were looking forward to working with her.

President McMillin asked for a point of personal privilege to announce that Mr. Dennis Burns of the Tiger Woods Foundation was present in the audience on this date, and further, that a press conference had been held prior to the meeting to officially announce that Calcasieu Parish had been selected as one of the four locations in the western hemisphere to host the Junior Golf Clinic and Festival Program of the Tiger Woods Foundation.

Mrs. Sandy Mason, Executive Director of the Office of Community Services, introduced Mr. Burns, pointing out that he was Director of Junior Golf for the Foundation, had played golf at Texas Southern University, and had worked with such golf celebrities as Jack Nicklaus and Chi Chi Rodriguez.

Mr. Dennis Burns then appeared before the Police Jury and welcomed Calcasieu Parish to the Tiger Woods family. He stated that the golf clinic and festival would be held May 12 - 14, 2005, and would be the first of four of these type clinics. Mr. Burns then showed a video which gave more information about the mission and goals of the Tiger Woods Foundation.

Mr. Clement pointed out that he felt it was well worth mentioning the fact that competition to be selected as one of the four communities was not just within the continental United States but all of the western hemisphere. Mr. Burns agreed, stating that last year one of the clinics was held in Jamaica and the year before that, one was held in Puerto Rico. Mr. Burns advised that Calcasieu Parish had submitted a great bid package.

President McMillin expressed his appreciation for the hard work done by former President- Clement, Mrs. Mason, and Mr. McMurry in this effort and stated that he was pleased it was happening during his reign as President.

President McMillin advised that no action was required on applications for liquor and beer permits due to the fact that no applications had been submitted.

Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Stelly and carried unanimously, the payment of all current invoices was approved.

Motion was made by Mr. Stelly, seconded by Mrs. Treme and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated January 6, 2005, be approved, and the reading of same was dispensed with.

It was moved by Mr. Manuel, seconded by Mr. Moon and carried unanimously to approve the Agenda Committee Report dated January 27, 2005, as follows:

AGENDA COMMITTEE REPORT

January 27, 2005

A meeting of the Agenda Committee was held on Thursday, January 27, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Tony Stelly presiding, and the following members present:

Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth C. Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chuck Kleckley, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, President Hal McMillin, Mr. Cornie Moon, and Mrs. Sandra J. Treme

Absent: None

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Andy Johnson, Mr. Jerry Milner, Mr. Claude Smart, Mrs. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.

Chairman Stelly advised that the purpose of the meeting on this date was to review the proposed agenda for the regular meeting of the Police Jury to be held on February 3, 2005.

Following review of the items to be considered by the Police Jury on February 3^rd, it was unanimously recommended that the proposed agenda be accepted as presented by the staff, with the addition of the following item:

Take appropriate action on a vacancy on the Board of Commissioners of the Calcasieu-Cameron Hospital Service District which was created by the resignation of Mr. Scott McManus. (Mr. McManus represents Districts 1, 2, 3 and 11. Mr. Andrepont and Mr. Danahay are liaisons to the Board. President McMillin recommended at the Agenda Committee Meeting on January 27, 2005, that Mr. Bobby LeTard be appointed to fill this vacancy.)

Also, recommendations for appointments to various boards of special service districts were made by members of the Committee.

Mr. Kleckley announced that in conjunction with his recent (unopposed) election to the office of State Representative (District 36) as a result of the resignation of former-Representative Dan Flavin, and in accordance with State law, he was required to be sworn in and take his Oath of Office as State Representative no later than February 18, 2005; therefore, he had made the decision to tender his resignation as a police juror, and this would be his last Police Jury meeting. Words of praise, encouragement, and appreciation were expressed by Mr. Kleckley to his colleagues and staff, and from his colleagues to him regarding his election as State Representative and his exemplary service as a police juror.

As a result of the foregoing, the following item was also placed on the agenda for the Regular Meeting on February 3, 2005:

Consideration of adopting a resolution and proclamation for the following purposes: (1) to proclaim a vacancy in the District 8 seat on the Police Jury which was created by the resignation of Mr. Chuck Kleckley as a result of his recent election as State Representative, District 36; (2) to make an appointment to temporarily fill the vacancy in the District 8 seat on the Police Jury; and (3) to order an election to be held in District 8 on the following dates to fill the vacancy – Primary Election on October 15, 2005, General Election on November 12, 2005.

There being no further business, Chairman Stelly declared the meeting to be adjourned.

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Upon motion made by Mr. Manuel, which was duly seconded by Mrs. Treme and carried unanimously, the Public Works Committee Report dated January 27, 2005, was approved as follows:

PUBLIC WORKS COMMITTEE REPORT

January 27, 2005

______________________________________

A meeting of the Public Works Committee was held on Thursday, January 27, 2005, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Ms. Sandy Treme, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth C. Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chuck Kleckley, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornie Moon, and Mr. Tony Stelly

Absent: None

Said Committee:

(1) Received report from staff regarding the status of the study to evaluate alternatives for the management of stormwater in Calcasieu Parish. (A copy of an outline of said study as presented on this date is attached hereto and made a part of this report.) The staff reported that the final study, with a list of alternatives/recommendations to be further studied and decided upon by the Police Jury, would be presented at the Public Works Committee meeting on February 24, 2005. The Drainage Board representatives who were present at the meeting on this date (January 27th) were encouraged to provide input to the staff with respect to the study. President McMillin asked that consideration be given in the study to bonding issues coming up in the future for various drainage districts, as well as the possibility of an east/west (of the Calcasieu River) approach to drainage issues.

(2) Recommended that a resolution be adopted accepting Southern Woods Estates Phase Two Subdivision in Section 31, Township 9 South, Range 7 West, located off of McCown Road in Ward Eight. (Police Jury District 4)

(3) Recommended that a decision be made at the Regular Meeting on February 3, 2005, with reference to adopting a resolution accepting Clearfield Ranch Subdivision in Section 19, Township 10 South, Range 7 West, located off of Highway 14 East in Ward Two. (Police Jury District 10)

NOTE: At the Public Works Committee meeting on January 27, 2005, the staff recommended deferral on any recommendation until the regular meeting on February 3, 2005, at which time the staff would make a report and recommendation with regard to acceptance of this subdivision.

(4) Recommended that a decision be made at the Regular Meeting on February 3, 2005, with reference to adopting a resolution accepting Kayleigh Ridge Subdivision in Section 27, Township 10 South, Range 7 West, located off of Amoco Road in Ward Two. (Police Jury District 10)

(5) Recommended that existing ordinances be amended and/or ordinances be adopted to establish a 25-mph speed limit on Linscomb Road (in its entirety) in Ward Seven. (Police Jury District 12)

(6) Recommended that the President of the Police Jury be authorized to execute the necessary documents for donation of right-of-way from James Joseph Caro, et ux, Kenneth Robbins, et ux, Gravity Drainage District No. Eight of Ward One, Robert Foreman, and Chad Richard on Park Road in Ward One, in accordance with the criteria established by the Police Jury and recommendation of the Parish Engineer.

(7) Recommended that a resolution be adopted authorizing the President of the Police Jury to execute a Joint Services Agreement between the Police Jury and Sewerage District No. Thirteen of Ward Four (Carlyss) to make welding repairs to sewer plant tank and to provide and spread fourteen tons of limestone on road leading to sewer plant, for which the Police Jury will be reimbursed for labor, material, and fuel at an approximate cost of $965.17.

(8) Recommended that a resolution be adopted proclaiming February 22, 2005, as “Spay Day USA 2005” throughout Calcasieu Parish, and further, that the Department of Animal Services and Adoption Center remove the cost for spays and neuters of all animals adopted from the Center during the week of February 21, 2005, through February 25, 2005, in honor of “Spay Day USA 2005.” (Mr. Landry)

(9) Recommended that Calcasieu Parish Project No. 2004-03 (Paul Bellon Road and the east mile of the McNeese Street Extension) be accepted as substantially complete.

(10) Recommended that the Parish Purchasing Agent be authorized to advertise for bids for two (2) one-half ton extended cab pickup trucks (Engineering), one (1) three-quarter ton regular cab with swab unit (Animal Services), one (1) hydraulic telescopic excavator (Special Drainage), one (1) one-ton regular cab pickup truck (Special Drainage), two (2) tandem axle dump trucks (Special Drainage), one (1) hydraulic telescopic excavator (Road Division), one (1) one-ton pickup truck with utility bed (Road Division), one (1) brush chipper (Vegetation), one (1) herbicide spray truck upgrade (Vegetation), one (1) one-and-one-half ton regular cab and chassis (4 x 2) pickup truck (Traffic), one (1) automated lube and herbicide card dispensing system upgrade (East Maintenance Facility), twenty two (22) additional GPS units to work with existing system (East Maintenance Facility), and one (1) cargo and tool storage trailer (Parks).

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

Motion was made by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that Recommendation Nos. 1 and 2 of the Public Works Committee be approved; whereupon, the following resolution was adopted:

RESOLUTION

WHEREAS, Lee Duplichain, President, subdivided certain property in Ward Eight of Calcasieu Parish, Louisiana, known as Southern Woods Estates Phase Two, a subdivision in Section 31, Township 9 South, Range 7 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana; and

WHEREAS, said subdivision plat was prepared by George A. Evans, Jr., Registered Land Surveyor No. 4750, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on February 9, 2005, and will bear File No. 2705552.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of February, 2005, that it does hereby officially accept the plat of Southern Woods Estates Phase Two in Ward Eight of Calcasieu Parish, Louisiana, including Bridlewood Drive located within said subdivision, for future maintenance by the Parish.

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

With reference to Recommendation Nos. 3 and 4 of the Public Works Committee, Mr. Vickers recommended that these subdivisions be accepted. Motion was then made by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that Recommendation Nos. 3, 4 and 5 of the Public Works Committee, and Mr. Vickers recommendation, be approved; whereupon, the following resolutions and ordinance were adopted:

RESOLUTION

WHEREAS, J.N.J. Ridge Estates, L.L.C., Arnold Natali, Manager, subdivided certain property in Ward Two of Calcasieu Parish, Louisiana, known as Clearfield Ranch Subdivision, a subdivision in Section 19, Township 10 South, Range 7 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision plat was prepared by D. W. Jessen, Jr., Registered Land Surveyor No. 4646, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on February 14, 2005, and will bear File No. 2706401.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of February, 2005, that it does hereby officially accept the plat of Clearfield Ranch Subdivision in Ward Two of Calcasieu Parish, Louisiana, including Kade Daniel Drive, North Jace Matthew Lane, West Jace Matthew Lane, South Jace Matthew Lane, and East Jace Matthew Lane located within said subdivision, for future maintenance by the Parish.

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

RESOLUTION

WHEREAS, Arnold Natali subdivided certain property in Ward Two of Calcasieu Parish, Louisiana, known as Kayleigh Ridge Subdivision, a subdivision in Section 27, Township 10 South, Range 7 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision plat was prepared by W. L. Haymon, Registered Land Surveyor No. 6667, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on February 14, 2005, and will bear File No. 2706404.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of February, 2005, that it does hereby officially accept the plat of Kayleigh Ridge Subdivision in Ward Two of Calcasieu Parish, Louisiana, including Kayleigh Ridge Lane located within said subdivision, for future maintenance by the Parish.

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

ORDINANCE NO. 4864

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a 25 mph speed limit on Linscomb Road in Ward Seven of Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION I. Sec. 17-64, Twenty-five miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:

Linscomb Road, in its entirety, in Ward 7

BE IT FURTHER ORDAINED that effective immediately, no vehicle shall travel in excess of the maximum speed limit established above.

BE IT FURTHER ORDAINED that appropriate signs shall be posted along the road set forth above, at reasonable intervals, to warn the operators of vehicles of the speed limit herein imposed.

BE IT FURTHER ORDAINED that anyone violating the provisions of this ordinance, upon conviction, shall be fined as provided in Section 1-9 of the Code of Ordinances of Calcasieu Parish, Louisiana.

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

This ordinance was adopted on the 3^rd day of February, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

It was moved by Mr. Andrepont, seconded by Mr. Stelly and carried unanimously to approve Recommendation No. 6 of the Public Works Committee as listed heretofore.

Upon motion made by Mr. Manuel, which was duly seconded by Mr. Moon and carried unanimously, Recommendations Nos. 7, 8, 9, and 10 of the Public Works Committee were approved; whereupon, the following resolutions were adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 3^rd day of February, 2005, that it does hereby execute a Joint Services Agreement with Sewerage District No. Thirteen of Ward Four (Carlyss) to make welding repairs to sewer plant tank and to provide and spread fourteen tons of limestone on road leading to sewer plant, for which the Police Jury will be reimbursed for labor, material, and fuel at an approximate cost of $965.17.

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

WHEREAS, cats and dogs provide companionship to and share homes of over 63,000,000 individuals in the United States; and

WHEREAS, two unaltered cats and their offspring can produce 420,000 more cats in seven years and two unaltered dogs and their offspring can produce 67,000 more dogs in six years; and

WHEREAS, humane societies and shelters have to perform euthanasia on approximately five million cats and dogs each year, although many of them are healthy and adoptable, simply because there are not enough good homes; and

WHEREAS, the problem of companion animal overpopulation costs the taxpayers of this country over a billion dollars annually through animal control programs aimed at coping with the millions of unwanted cats and dogs; and

WHEREAS, spaying and neutering cats and dogs has been shown to drastically reduce the cat and dog overpopulation; and

WHEREAS, veterinarians, humane societies, national and local animal protection organizations, and private citizens have joined together again to advocate the spaying and neutering of companion animals on “Spay Day USA 2005".

NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that February 22, 2005 is designated “Spay Day USA” throughout Calcasieu Parish.

BE IT FURTHER RESOLVED that the Calcasieu Parish Department of Animal Services and Adoption Center is authorized to remove the cost for spays and neuters of all animals adopted from the Center for the week of February 21, 2005 through February 25, 2005 in honor of “Spay Day USA”.

BE IT FURTHER AND FINALLY RESOLVED that the Calcasieu Parish Police Jury does hereby call upon the people of Calcasieu Parish to observe the day by having their own cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person’s cat or dog.

THUS DONE AND PASSED on the date above inscribed.

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

With reference to the next item on the agenda which was the approval of the General Insurance Committee Report dated February 3, 2005, Mr. McMurry explained that the notice of the meeting had inadvertently not been sent out and that normally, the meeting would have been rescheduled, however, there were renewals of insurance policies that needed to be approved. Mr. McMurry further explained that Mr. Danahay, Chairman of the General Insurance Committee, had agreed that action should be taken by the Police Jury on this date.

Mr. McMurry advised that all of the renewals were at the same rate except for employee life insurance coverage which was at a better rate than last year’s.

Motion was made by Mr. Clement, seconded by Mr. Stelly and carried unanimously that the following staff recommendations be approved with respect to renewal of insurance coverages, and further, that the President of the Police Jury, or his designee, when appropriate, be authorized to execute all documents related thereto:

•renewal of employee life insurance policy package;

•renewal of general liability, auto liability, liability umbrella, and worker’s compensation policies for policy period January 31, 2005, to January 31, 2006; and

•adoption of a resolution rejecting uninsured motorist coverage for the parish automobile liability policy for policy period January 31, 2005, to January 1, 2006.

As a result of passage of the foregoing motion, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 3^rd day of February, 2005, that it does hereby reject uninsured motorist coverage for the parish automobile liability policy for policy period January 31, 2005, to January 1, 2006.

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Shane and Shona Higginbotham and Ryan and Dana Daucet to clear, grub, and grade approximately 7.68 acres, deposit approximately 6,195 cubic yards of on-site earthen material in addition to approximately 5,565 cubic yards of excavated clay and silts and approximately 287 cubic yards of limestone aggregate, all to construct two residences, a barn, arena and a 0.4 acre pond. Project implementation would directly impact approximately 2.8 acres of jurisdictional wetlands. Said project is located on the south side of Buttinkoffer Road, and the east side of Johnny Jones Road, approximately 1.5 miles northeasterly of Moss Lake, in Sulphur, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Shane and Shona Higginbotham and Ryan and Dana Daucet 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 3^rd day of February, 2005, that it does hereby indicate no objection to the proposal of Shane and Shona Higginbotham and Ryan and Dana Daucet to clear, grub, and grade approximately 7.68 acres, deposit approximately 6,195 cubic yards of on-site earthen material in addition to approximately 5,565 cubic yards of excavated clay and silts and approximately 287 cubic yards of limestone aggregate, all to construct two residences, a barn, arena and a 0.4 acre pond. Project implementation would directly impact approximately 2.8 acres of jurisdictional wetlands. Said project is located on the south side of Buttinkoffer Road, and the east side of Johnny Jones Road, approximately 1.5 miles northeasterly of Moss Lake, 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.

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.

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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 SSX, L.C. to construct and maintain a loading ramp approximately 85-feet long by 20-feet wide along the left descending bank of the Calcasieu River. The proposed structure will be situated perpendicular to the existing shoreline extending approximately 85-feet channelward. Dredging will not be required for this project. Said project is located at 901 North 1^st Street Avenue, Lake Charles, Louisiana in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of SSX, L.C. 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 3^rd day of February, 2005, that it does hereby indicate no objection to the proposal of SSX, L.C. to construct and maintain a loading ramp approximately 85-feet long by 20-feet wide along the left descending bank of the Calcasieu River. The proposed structure will be situated perpendicular to the existing shoreline extending approximately 85-feet channelward. Dredging will not be required for this project. Said project is located at 901 North 1^st Street Avenue, Lake Charles, Louisiana in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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

It was moved by Mrs. Treme, seconded by Mr. Moon and carried unanimously to approve the recommendations of the Director of the Division of Planning and Development with reference to the Adjudicated Property Sale conducted on January 24, 2005, on the following cases, and to adopt an ordinance with respect to the sale of each piece of property:

AP03-194-04 (2425 Medora Street) (Police Jury District 2)

[The Director of Planning and Development recommended that the highest offer in the amount of $13,000.00 by Mr. Jerrel Lenn Webb be accepted.]

AP04-196-04 (Franklin Street-vacant lot) (Police Jury District 13)

[The Director of Planning and Development recommended that the highest offer in the amount of $6,000.00 by Ms. Katherine Delleen Fontenot be accepted.]

As a result of passage of the foregoing motion, the following ordinances were adopted:

ORDINANCE NO. 4865

AN ORDINANCE authorizing the Police Jury to declare the property described as: S ½ Lot 7, all Lots 10, 11, 14 Blk 7 Pine Grove Sub in 21.9.8, strip 25 ft wide E and W on W side Lots 7, 10, 11, 14; (AP03-194-04; Tax Assessment No. 322806); 2425 Medora Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Jerrel Lenn Webb, his designated agent, or assignee for the consideration of $13,000.00 (thirteen thousand dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $325.00 ($250 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: S ½ Lot 7, all Lots 10, 11, 14 Blk 7 Pine Grove Sub in 21.9.8, strip 25 ft wide E and W on W side Lots 7, 10, 11, 14; (AP03-194-04; Tax Assessment No. 322806); 2425 Medora Street in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and

WHEREAS, a request has been received by the Division of Planning & Development from Mr. Jerrel Lenn Webb, to purchase said property for the consideration of $13,000.00 (thirteen thousand dollars) cash, at the time of sale; and

WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and

WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Mr. Jerrel Lenn Webb, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 3^rd day of February, 2005, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: S ½ Lot 7, all Lots 10, 11, 14 Blk 7 Pine Grove Sub in 21.9.8, strip 25 ft wide E and W on W side Lots 7, 10, 11, 14; (AP03-194-04; Tax Assessment No. 322806); 2425 Medora Street in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Jerrel Lenn Webb, his designated agent, or assignee for and in consideration of $13,000.00 (thirteen thousand dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

1) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the Adjudicated Property Section has been provided a Mortgage and Conveyance Certificate or an equivalent by an abstract company doing business in Calcasieu Parish certifying that an examination of the mortgage and conveyance records of the Clerk of Court of Calcasieu Parish was made to obtain the names and last known addresses of all owners, mortgagees, and other persons who might have vested or contingent interests in the property, or who have filed requests for notice as provided for in LSA-R.S. 47:2261, and a list of those names and addresses is attached to the certification. The written certification shall contain an indemnification and hold harmless clause by the purchaser in favor of the Parish of Calcasieu, its officers, agents and employees if the purchase should fail to request notification to an interested party or should incorrectly identify or locate any interested party.

2) Purchaser has made written request to the Adjudicated Property Section of the Division of Planning & Development to notify those persons identified above in accordance with LSA-R.S. 33:4720.17 and LSA-R.S. 47:2261 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication requested.

3) Upon written request from the Adjudicated Property Section of the Division of Planning and Development, the Purchaser shall remit 25% of the purchase price as earnest money to be held in escrow by the Calcasieu Parish Police Jury for application to the purchase price at closing, or to be retained by it in the event Purchaser fails to complete the purchase.

4) The Adjudicated Property Section of the Division of Planning & Development has provided purchaser with proof of notice, and purchaser has recorded same in the conveyance records of Calcasieu Parish and has provided the Adjudicated Property Section of the Division of Planning & Development a stamped copy of the recorded proof of notice.

5) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the number of days required by LSA-R.S. 33:4720.17 has elapsed since the above required notice was made or attempted and that the property has not been redeemed by the payment of the taxes owed.

6) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.

Section 3. If purchaser should fail to complete the requirements of Section 2 A) and B) within sixty (60) days of adoption of this ordinance, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to anyone who shall complete the requirements of Section 2. If all of the requirements of Section 2 are not completed within six months from the date this ordinance is adopted, the President’s authority to execute an act of cash sale for this property shall cease, and any and all rights of the purchaser to this property shall terminate.

Section 4. This act of sale shall be without any warranty or recourse whatsoever (including warranty of title), even for the return or any reduction of the purchase price, but with subrogation to all rights and actions of warranty the Parish of Calcasieu may have, and shall contain such warranty limitations and other provisions as are required by the Parish Attorney. The Parish of Calcasieu shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.

This ordinance was adopted on the 3^rd day of February, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4866

AN ORDINANCE authorizing the Police Jury to declare the property described as: Beg 335 ft E to E side of Lorena St from intersection of Avalia on E side of Lorena St 75 ft, E to Dr. ditch, Nly on W side of ditch to S side of Franklin St, W on S side of Franklin St 124 ft M/L to beg, adj Lot 6, of N ½ NE 33.9.10 on E. 33 09 10 0000 140000719; (AP04-196-04; Tax Assessment No. 682667); 1200 Block of Franklin Street - vacant lot in Ward Four, Sulphur, Louisiana, surplus property and to authorize the sale of said lot to Ms. Katherine Delleen Fontenot, her designated agent, or assignee for the consideration of $6,000.00 (six thousand dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Beg 335 ft E to E side of Lorena St from intersection of Avalia on E side of Lorena St 75 ft, E to Dr. ditch, Nly on W side of ditch to S side of Franklin St, W on S side of Franklin St 124 ft M/L to beg, adj Lot 6, of N ½ NE 33.9.10 on E. 33 09 10 0000 140000719; (AP04-196-04;Tax Assessment No. 682667); 1200 Block of Franklin Street - vacant lot in Ward Four, said property having been adjudicated to the Parish for unpaid property taxes; and

WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and

WHEREAS, a request has been received by the Division of Planning & Development from Ms. Katherine Delleen Fontenot, to purchase said property for the consideration of $6,000.00 (six thousand dollars) cash, at the time of sale; and

WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and

WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Ms. Katherine Delleen Fontenot, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Beg 335 ft E to E side of Lorena St from intersection of Avalia on E side of Lorena St 75 ft, E to Dr. ditch, Nly on W side of ditch to S side of Franklin St, W on S side of Franklin St 124 ft M/L to beg, adj Lot 6, of N ½ NE 33.9.10 on E. 33 09 10 0000 140000719; (AP04-196-04; Tax Assessment No. 682667); 1200 Block of Franklin Street - vacant lot in Ward Four, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Ms. Katherine Delleen Fontenot, her designated agent, or assignee for and in consideration of $6,000.00 (six thousand dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

6) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.

This ordinance was adopted on the 3^rd day of February, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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Motion was made by Mrs. Griffin, seconded by Mr. Landry and carried unanimously that approval be given to advertising a request for donation of adjudicated property by Jene Community Outreach, Inc., described as “AP03-181-04 (1800 Block of N. Shattuck Street-vacant lots), Lots 15 and 16 Clara Fitzenreiter Subdivision of West 339 feet Block 49 Katrina B Moeling (Assessment No. 1032534)”. (It was noted that Jene Community Outreach, Inc. was registered with the Louisiana Secretary of State and had a 501c(3) exempt status from the Internal Revenue Service. It was also noted that Jene Community Outreach, Inc. proposed to build a two-bedroom apartment with slab for a low-income family on the above referenced property. Subsequent to the Agenda Committee meeting on January 27, 2005, an error had been discovered on the case number and had been corrected as shown on the agenda for the meeting on this date.)

Motion was made by Mr. Andrepont and seconded by Mrs. Griffin to establish a yearly subscription fee in the amount of $300.00 for a permit list from the Division of Planning and Development, if the entire year was paid for in advance. (It was noted that the current fee was $30.00 per month for fax, e-mail or pickup services, and $33.00 per month for postal delivery.)

Mr. Landry asked for clarification on this matter, and Mr. Vickers explained that the reasoning behind lowering the fee for a yearly subscription was to cut back on staff time and labor associated with the bookkeeping. Mr. Vickers further explained that the Division of Planning and Development provided a lot of permit listings to contractors and sub-contractors such as brick masons, concrete businesses, etc. who then contacted the homeowners on the lists to see if there were services or supplies the contractors and/or sub-contractors could supply to them.

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

Upon motion made by Mr. Landry, which was duly seconded by Mr. Moon and carried unanimously, the following ordinance was adopted to correct a typographical error contained in Article IV, Div. 2, Sec. 26-24 (a)(1) of the Code of Ordinances of Calcasieu Parish, Louisiana. (On July 22, 2004, an ordinance was adopted which in part, specified the building area of accessory buildings, and a typographical error occurred in that the Code currently read “1 to 1.99 acres: 2,000 square feet maximum” and should read “0 to 1.99 acres: 2,000 square feet maximum”.)

ORDINANCE NO. 4867

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

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 3^rd day of February, 2005, that it does hereby amend Sec. 26-24 within Chapter 26 – Zoning, of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

SECTION I. Article IV, Div. 2, Sec. 26-24. Accessory uses., (a), is amended to read in its entirety as follows:

(a) The building area of accessory buildings shall be the following:

(1) 0 to 1.99 acres: 2,000 square feet maximum

(2) 2 to 3.99 acres: 3,500 square feet maximum

(3) 4 acres and up: No square feet maximum requirement

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 3^rd day of February, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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President McMillin advised that no action was necessary on adopting a resolution authorizing advertising of an oil, gas, and mineral lease on certain tracts of land in Sections 14 and 23, Township 8 South, Range 11 West, in Ward Six (Police Jury District 11), nor on a resolution authorizing advertising of an oil, gas, and mineral lease on certain tracts of land in Section 14, Township 8 South, Range 11 West, in Ward Six (Police Jury District 11), due to the fact that the nominations on both pieces of property had been withdrawn and would be resubmitted at a later date.

Upon motion made by Mr. Danahay, which was duly seconded by Mrs. Griffin 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 3^rd day of February, 2005, that it does hereby give notice of its intention to reduce the boundaries of Calcasieu-Cameron Hospital Service District (hereinafter referred to as the District) to exclude 8.72 acres of vacant land near 602 Sam Houston Jones Parkway in Ward One of Calcasieu Parish adjacent to the Hospital’s Dynamic Dimensions facility, said vacant land having been purchased from the District by J & P Land Development:

BE IT FURTHER RESOLVED that the property retained by the District in Ward One which will remain in the boundaries of the District is more particularly described as follows:

Commencing at a point South 89^○ 44' 44" East 450.0 feet from the Southwest Corner of the West Half of the Southeast Quarter of Section 5, Township 9 South, Range 8 West; thence North 00^○ 17' 27" West a distance of 392.0 feet; thence South 89^○ 44' 44" East a distance of 430.0 feet; thence South 00^○ 17' 26" East a distance of 137.00 feet; thence South 89^○ 44' 44" East a distance of 200.0 feet; thence South 00^○ 17' 26” East a distance of 60.00 feet; thence North 89^○ 44' 44" West a distance of 200.0 feet; thence South 00^○ 17' 26" East a distance of 195.00 feet to the South Line of Southeast Quarter (SE/4) of said Section 5; thence North 89^○ 44' 44" West a distance of 430.0 feet to the point of commencement, containing 4.14 acres more or less, being subject to a road right of way across the South Side thereof and a 60' access easement.

BE IT FURTHER RESOLVED that notice of such intention shall be published in the Lake Charles American Press, the official journal of the Calcasieu Parish Police Jury, on February 17, 2005, February 24, 2005, and March 3, 2005, setting forth the time and place of a public hearing to receive comments regarding the proposed reduction of the boundaries of said hospital service district on Thursday, March 17, 2005, at 5:30 P.M., in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana.