February 16, 2005

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Wednesday, February 16, 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 Mary Kaye Eason 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: Mrs. Elizabeth Conway Griffin

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; 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 Mr. Collins which was followed by the Pledge of Allegiance. 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 no action was needed on applications for liquor and beer permits due to the fact that no applications had been submitted.

Upon motion made by Mrs. Treme, which was duly seconded by Mr. Stelly and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated January 20, 2005, were approved, and the reading of same was dispensed with.

President McMillin advised that item numbered 12 on the agenda would be taken up at this time. Motion was made by Mr. Guillory and seconded by Mr. Moon that action be deferred relative to consideration of adopting a resolution indicating objection/no objection to the following proposed project in Calcasieu Parish, Louisiana, provided said work met with the rules and regulations of the Corps of Engineers, Best Management Practices during the course of construction set forth by the Environmental Protection Agency guidelines, and approvals were received from all other appropriate state and federal agencies, and further, that any required permits were obtained from the Division of Planning and Development:

Proposal of Joe Cooper to clear a 24.1 acre site, excavate, grade, and redistribute approximately 19,412 cubic yards of native earthen material and deposit an additional 1,110 cubic yards of hauled-in clay and limestone aggregate, all residential/commercial/industrial development. The proposed project located south of I-10 at the intersection of Bruce Drive and Opelousas Street in Lake Charles. The Planning Staff recommended that the Police Jury indicate no objection to this project application. (Any resolution of no objection to any such project, if adopted by the Police Jury, would stipulate that such “no objection” was based solely on evaluation by the Parish Planning and Development staff relative to the project’s compliance with current parish ordinances and provisions, and that no environmental assessment was made, and further, requesting the agencies and/or individuals with environmental expertise to make an evaluation and forward their findings to the U.S. Corps of Engineers.)

Dr. Mackey asked why the motion was made to defer action on this item, particularly since the Division of Planning and Development had recommended that the Police Jury indicate no objection and since the Police Jury had no actual decision-making authority in this process.

Mr. Vickers advised that the property was located off of the north side of East Opelousas Street and was owned by Prairie Land Company and Mr. Joe Cooper. He further advised that the proposal was to develop a portion of the property into a residential area and some of the property as light industrial sites. Mr. Vickers stated that a portion of the property was zoned for agricultural use, under which a residential subdivision would be permissible; however, some of the residents of the area were concerned about the intended use of the land, i.e., mobile homes, exterior of the homes that were proposed to be built, etc.

Mr. Vickers also stated that he had talked with Mr. Cooper who said he would build homes on the property but that he did not have a lot of information and could not attend the meeting on this date due to a conflict with his schedule. Mr. Vickers pointed out that the final decision in the matter would rest with the Corps of Engineers, and the Parish’s responsibility was to provide input as to whether it complied with applicable parish ordinances.

Mr. Andrepont asked if there would be additional information or input available if the Police Jury deferred action, and Mr. Vickers stated that he thought Mr. Cooper, representing Prairie Land Company, would be happy to meet with them to provide more information which could allow the staff an opportunity to better inform the residents. Mr. Vickers recommended that the Police Jury not defer for thirty days because of the Corps of Engineers’ deadline for comments but instead take up the matter on committee night, February 24, 2005, with final action on March 3, 2005.

Mr. Guillory agreed to incorporate Mr. Vickers’ recommendation into his motion, and Mr. Moon, who seconded the original motion, also agreed. A vote taken thereon carried unanimously.

President McMillin advised that action was needed on Zoning Case RZ06-005-05 which was a request by MC Enterprises to rezone from A-1 (Agricultural) to R-2 (Mixed Residential) to allow residential development on Kelly Street in Ward Six, Police Jury District 11. He further advised that the Planning and Zoning Board had met on Tuesday, February 15, 2005, and voted unanimously to recommend that the request be granted contingent upon the developer obtaining sewer approval from the City of DeQuincy.

Motion was made by Mrs. Treme, seconded by Mr. Clement and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ06-005-05 and that the request to rezone be granted with the stipulation outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4868

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by MC Enterprises to rezone from A-1 (Agricultural) to R-2 (Mixed Residential) to allow residential development on the property described as: SW/4 of the NW/4 of the SE/4 and the W/2 of the SW/4 of the SE/4 of S7, T7S, R10W, Calcasieu Parish, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16^th day of February, 2005, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Six of this parish:

From A-1 (Agricultural) to R-2 (Mixed Residential) to allow residential development with the stipulation that the request be granted contingent upon the developer obtaining City of DeQuincy sewer approval, on the property described as: SW/4 of the NW/4 of the SE/4 and the W/2 of the SW/4 of the SE/4 of S7, T7S, R10W, Calcasieu Parish, Louisiana.

Zoning Case RZ06-005-05

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

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

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President McMillin advised that action was needed on Zoning Case RZ03-048-03 which was a request by Robert Golod (previous owner, David Reinauer) to amend Ordinance No. 4668 due to an extension and revision of the site plan located at 5520 West Pinewood Drive in Ward Three, Police Jury District 10. [On December 18, 2003, the Police Jury approved a request by David Reinauer to rezone from C-1 (Light Commercial) to R-M (Multi-Family Residential) to allow six duplexes on the property described as Lot 17 of Block 11 of Pinewood Acres Part D with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development as revised to relocate trash dumpster off W. Pinewood Drive; (2) that all drives and parking must be hardsurfaced (concrete or asphalt); (3) that the proper permits must be obtained within 30 days of zoning approval; and (4) that a centralized postal approved mailbox must be provided.]

President McMillin explained that the current request by Robert Golod was to amend Ordinance No. 4668 to remove stipulation (3) that the proper permits must be obtained within 30 days of zoning approval; and (4) that a centralized postal approved mailbox must be provided, and further, to amend stipulation (1) to read: that the development adhere to the revised site plan on file with the Division of Planning and Development and (2) to read: that all drives and parking must be hardsurfaced (concrete or asphalt) upon completion of the third duplex or within five years, whichever occurred first.

President McMillin advised that the Planning and Zoning Board met on Tuesday, February 15, 2005, and had voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the revised site plan on file with the Division of Planning and Development; (2) that the entrance and the parking for the existing duplex must be hardsurfaced (concrete or asphalt) within six months; and (3) the parking for the remaining two duplexes must be hardsurfaced (concrete or asphalt) upon completion of each duplex.

Motion was made by Mr. Stelly and seconded by Mr. Moon that the recommendation of the Planning and Zoning Board be upheld with regard to the request of Mr. Robert Golod to amend Ordinance No. 4668 (Zoning Case RZ03-048-03) with the stipulations outlined by said Board.

Mr. Vickers explained that the original request which had been approved by the Police Jury on December 18, 2003, had been to construct six duplexes but that only one duplex had been constructed thus far. Mr. Vickers further explained that Mr. Robert Golod planned to build two more which would be a total of three duplexes instead of the six originally approved to be built.

Mr. Vickers advised that because Mr. Golod was not a licensed contractor, he could only build one duplex every two years according to the rules of the State Contractors’ Licensing Board, and because of this, the project was going to take longer than originally anticipated. Mr. Vickers further advised that one of the original stipulations of the rezoning was that the driveways and parking areas had to be hardsurfaced, and Mr. Golod was requesting more time in which to get this done because he did not want to go ahead and hardsurface the road only to have heavy trucks, which would be bringing materials and fill for construction of future duplexes, tear up the hardsurfacing.

Mr. Vickers pointed out that Mr. Golod was not opposed to the requirement of hardsurfacing, he was just asking for additional time. Mr. Vickers also pointed out that the staff had recommended that the hardsurfacing be done when the third and final duplex was constructed but that the Planning and Zoning Board had not accepted said recommendation and had instead recommended that the entrance and parking for the existing duplex be hardsurfaced within six months, and further, that the parking for the future duplexes be hardsurfaced as said duplexes were completed.

Mr. Vickers stated he did not have a problem giving Mr. Golod more time to do the hardsurfacing because the project would be of less density than originally proposed. He pointed out that no citizens had appeared in opposition at the Planning and Zoning Board Meeting on February 15, 2005, relative to Mr. Golod’s request and that he had talked to some of the residents about the matter coming before the Planning and Zoning Board, and no one had appeared.

Mr. Landry stated that it was not his problem that Mr. Golod was not a licensed contractor, and he thought Mr. Golod had been given a lot of freedom as it was. Mr. Vickers stated that he did not know if it was ever Mr. Golod’s intention to construct all of the duplexes at one time and that initially there had been concern on the part of the residents in the area but that the duplex Mr. Golod had built was a very nice, quality unit.

Mr. Vickers stated that Mr. Golod had changed his request to do the hardsurfacing upon completion of the third duplex or within 48 months (instead of five years). He pointed out that Mr. Golod could build another duplex in 2006 and the third one in 2008.

Mr. Landry stated his opinion that if someone was going to get into the contracting business, they needed to have a license, and he felt Mr. Golod needed to go ahead and hardsurface the driveway for the existing duplex since it was already constructed.

Dr. Mackey stated that he admired someone who could do a project such as this themselves, and he recalled when the rezoning first came up in 2003 that Mr. Golod was using some of his retirement funds to construct the duplexes. Dr. Mackey advised that he had built his own dental office, adhering to State law, because some of the bids he had gotten for construction were “way out of line”, and he felt it made good sense for Mr. Golod to wait until the final duplex was constructed before hardsurfacing.

Mr. Stelly stated that Mr. Golod had done an excellent job on the first duplex, and he spoke in favor of giving him a 48-month extension on the hardsurfacing requirement.

Mr. David Reinauer, 409 Iris Street, Lake Charles, appeared before the Police Jury at this time and reminded the jurors that Mr. Golod had reduced the density of the project from six to three duplexes. Mr. Reinauer stated that it did not make sense to put in the driveway for the existing duplex and then run heavy trucks and equipment over it when constructing the subsequent duplexes. Mr. Reinauer advised that Mr. Golod had spent $11,000 to put a fence around three sides of the property and that he had done everything he had said he would do insofar as making it an attractive situation for the neighborhood.

Mr. Reinauer stated that this was America and the fact that Mr. Golod wanted to act as his own contractor was not something for which he should be penalized, and he pointed out that the stipulation for hardsurfacing the entrance and driveway for the existing duplex was made by the Planning and Zoning Board (at its meeting on February 15, 2005), despite the staff’s recommendation. Mr. Reinaeur confirmed that Mr. Golod was agreeable to completing the hardsurfacing within 48 months or completion of the third duplex, whichever came first.

A substitute motion was offered by Dr. Mackey and seconded by Mr. Stelly that Mr. Golod’s request be granted and that Ordinance No. 4668 relative to Zoning Case RZ03-048-03 be amended to remove stipulation (3) that the proper permits must be obtained within 30 days of zoning approval, and (4) that a centralized, postal-approved mailbox must be provided, and further, that stipulation (1) be amended to read “that the development adhere to the revised site plan on file with the Division of Planning and Development, and that stipulation (2) be amended to read “that all drives and parking must be hardsurfaced (concrete or asphalt) upon completion of the third duplex or within 48 months, whichever occurs first.

A roll call vote was taken on the substitute motion as outlined above, and the result was as follows:

YEAS:Mr. Andrepont, Mr. Collins, Mrs. Eason, Mr. Guidry, Mr. Guillory, Dr. Mackey, Mr. Manuel, Mr. Moon, Mr. Stelly, and Mrs. Treme

NAYS:Mr. Clement, Mr. Danahay, and Mr. Landry

ABSENT:Mrs. Griffin

NOT VOTING:President McMillin

The vote being ten (10) in favor of the motion to three (3) against said motion, President McMillin declared the motion as having carried; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4869

AN ORDINANCE amending Ordinance No. 4668, adopted by the Police Jury on December 18, 2003, (Zoning Case RZ03-048-03), to revise stipulations 1 and 2, due to time extension and revised site plan, and to delete stipulations 3 and 4.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16^th day of February, 2005, that Ordinance No. 4668, adopted by the Police Jury on December 18, 2003, (Zoning Case RZ03-048-03); is hereby amended to revise stipulations to read in their entirety as follows:1) that the development adhere to the revised site plan on file with the Division of Planning and Development; and 2) that all drives and parking must be hardsurfaced (concrete or asphalt) upon completion of the third duplex or within forty-eight (48) months, whichever occurs first; on the following property:

Lot 17 of Block 11 of Pinewood Acres Part D.

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

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

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

This ordinance was adopted on the 16^th day of February, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President McMillin advised that action was needed on Zoning Case RZ04-002-05 which was a request by Todd and Katrina Trahan to rezone from R-2 (Mixed Residential) to R-MHP (Manufactured Home Park) to allow residential development (third manufactured home) at 908 Tana Street in Ward Four, Police Jury District 13. He further advised that the Planning and Zoning Board had met on Tuesday, February 15, 2005, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that the manufactured home must be skirted prior to utilities being connected.

Motion was made by Mr. Andrepont, seconded by Mr. Landry and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ04-002-05 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4870

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Todd and Katrina Trahan to rezone from R-2 (Mixed Residential) to R-MHP (Manufactured Home Park) to allow residential development (3^rd manufactured home) on the property described as: Com at a point 610 feet W of the NE cor of the SW/4 of the SW/4 of S33, T9S, R10W, thence S 150 feet, thence W 330 feet, thence N 150 feet to forty line, thence E along forty line 330 feet to poc; said property being also described as being the W 330 feet of the following described property, to-wit: Com at the NE cor of SW/4 of SW/4 of S33, T9S, R10W, thence S 150 feet; thence W 940 feet, thence N 150 feet to forty line; thence E along forty line 940 feet to poc.

From R-2 (Mixed Residential) to R-MHP (Manufactured Home Park) to allow residential development (3^rd manufactured home) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that the manufactured home must be skirted prior to utilities being connected, on the property described as: Com at a point 610 feet W of the NE cor of the SW/4 of the SW/4 of S33, T9S, R10W, thence S 150 feet, thence W 330 feet, thence N 150 feet to forty line, thence E along forty line 330 feet to poc; said property being also described as being the W 330 feet of the following described property, to-wit: Com at the NE cor of SW/4 of SW/4 of S33, T9S, R10W, thence S 150 feet; thence W 940 feet, thence N 150 feet to forty line; thence E along forty line 940 feet to poc.

Zoning Case RZ04-002-05

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

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

President McMillin advised that action was needed on Zoning Case RZ03-003-05 which was a request by Jimmy Bosley and Greg Norsworthy to rezone from R-1 (Single Family Residential) to R-M (Multi-Family Residential) to allow patio homes on Lake Street in Ward Three, Police Jury District 6. He further advised that the Planning and Zoning Board, at its meeting on Tuesday, February 15, 2005, had voted unanimously to recommend that the request be granted.

It was moved by Mr. Manuel, seconded by Mr. Stelly and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-003-05 and to grant the request to rezone; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4871

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Jimmy Bosley and Greg Norsworthy to rezone from R-1 (Single Family Residential) to R-M (Multi Family Residential) to allow patio homes on the property described as: A parcel of land lying in the NE/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana, said parcel identified by the Calcasieu Parish Police Jury’s Information Systems Database with Parcel ID No. 19065 and also being more particularly described as follows: Com at the SE cor of the NE/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; thence N 89 degs 23’ 39” W, along the S line of said NE/4 a distance of 957 feet, m/l; thence N 00 degs 46’ 00” E, a distance of 147 feet, m/l to the pob; thence S 89 degs 23’ 39” E, a distance of 200 feet, m/l; thence N 00 degs 46’ 00” E, a distance of 400 feet, m/l; thence N 89 degs 23’ 39” W, a distance of 400 feet, m/l; thence S 00 degs 46’ 00” W, a distance of 200 feet, m/l to the pob. Containing a total of 1.8 acres, m/l.

From R-1 (Single Family Residential) to R-M (Multi Family Residential) to allow patio homes, on the property described as: A parcel of land lying in the NE/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana, said parcel identified by the Calcasieu Parish Police Jury’s Information Systems Database with Parcel ID No. 19065 and also being more particularly described as follows: Com at the SE cor of the NE/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; thence N 89 degs 23’ 39” W, along the S line of said NE/4 a distance of 957 feet, m/l; thence N 00 degs 46’ 00” E, a distance of 147 feet, m/l to the pob; thence S 89 degs 23’ 39” E, a distance of 200 feet, m/l; thence N 00 degs 46’ 00” E, a distance of 400 feet, m/l; thence N 89 degs 23’ 39” W, a distance of 400 feet, m/l; thence S 00 degs 46’ 00” W, a distance of 200 feet, m/l to the pob. Containing a total of 1.8 acres, m/l.

Zoning Case RZ03-003-05

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

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

President McMillin advised that action was needed on Zoning Case RZ01-004-05 which was a request by Midkiff and Brooks, LLC, to rezone from C-1 (Light Commercial) to R-M (Multi-Family Residential) to allow multi-family development (four duplexes) on Victoria Lane in Ward One, Police Jury District One. President McMillin further advised that the Planning and Zoning Board had met on Tuesday, February 15, 2005, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that all drives and parking must be hardsurfaced (concrete or asphalt) upon completion of construction or 18 months, whichever occurred first; (3) that a centralized, postal-approved mailbox must be provided upon completion of construction or within 18 months, whichever occurred first; and (4) that an enclosed dumpster be provided upon completion of construction or within 18 months, whichever occurred first.

Motion was made by Dr. Mackey and seconded by Mr. Guillory to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ01-004-05 and to grant the request to rezone with the stipulations as outlined by said Board.

Mr. Manuel stated that he had talked with Mr. Midkiff about the problems on Gloria Drive with discarded mattresses lying on the side of the road, culverts being stopped up with trash, etc. from apartments already situated on Gloria Drive. Mr. Manuel pointed out that the rezoning request was for property east of these apartments and because of that fact, he was going to vote in favor of the request, but he would be in opposition if the request had been for property to the west (of the existing apartments), because that would encroach upon a major subdivision which would “clog up” the drainage in that area. Mr. Manuel closed by saying that there had been problems in the past, and he wanted his thoughts and feelings in this matter made a part of the record of the meeting on this date.

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

ORDINANCE NO. 4872

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Midkiff and Brooks, LLC to rezone from C-1 (Light Commercial) to R-M (Multi Family Residential) to allow multi family development (4 duplexes) on the property described as: Tract 1: Lot Two (2) of Victoria Estates Part II, a subdivision in S29, T8S, R8W, as per plat recorded in Plat Book 29, page 20, records of Calcasieu Parish, Louisiana, and Tract 2: The E 95 feet of Lot Three (3) of Victoria Estates Part II, a subdivision in S29, T8S, R8W, as per plat recorded in Plat Book 29, page 20, records of Calcasieu Parish, Louisiana.

From C-1 (Light Commercial) to R-M (Multi Family Residential) to allow multi family development (4 duplexes) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that all drives and parking must be hardsurfaced (concrete or asphalt) upon completion of construction or 18 months, whichever occurs first; 3) that a centralized postal approved mailbox must be provided upon completion of construction or within 18 months, whichever occurs first; and 4) that an enclosed dumpster be provided upon completion of construction or within 18 months, whichever occurs first, on the property described as: Tract 1: Lot Two (2) of Victoria Estates Part II, a subdivision in S29, T8S, R8W, as per plat recorded in Plat Book 29, page 20, records of Calcasieu Parish, Louisiana, and Tract 2: The E 95 feet of Lot Three (3) of Victoria Estates Part II, a subdivision in S29, T8S, R8W, as per plat recorded in Plat Book 29, page 20, records of Calcasieu Parish, Louisiana.

Zoning Case RZ01-004-05

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

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

Upon motion made by Mr. Stelly, which was duly seconded by Mr. Moon and carried unanimously, the Director of Planning and Development was authorized to notify the following property owners, in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to show cause at a public hearing on April 7, 2005, or the first regular Police Jury meeting thereafter, as to why the structures on the properties as stipulated should not be condemned:

(1) 1881 CLAUDE HEBERT ROAD, LeBleu Settlement area, Com at a Pt 147.1 Ft S of NW Cor Lot 1, Martin and Delila LeBleu Subdivision, TH S 147.1 Ft E 294.2 Ft etc., Ward 8, Calcasieu Parish, Louisiana (one house) Owner: Kenneth Lee, et ux, 8390 Goldie Lane, Martinsville, IN 46151, TA# 00999547 (Police Jury District 10);

(2) 109 DECKER, east Lake Charles area, Lot 27, Block 3, Vista Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Oscar Williams, 2412 Katherine, Lake Charles, LA 70601, Mortgage: Fleet Finance of Louisiana, Inc., 3815 Ryan Street, Lake Charles, LA 70605 TA# 00067369 (Police Jury District 2);

(3) 473 MALONE ROAD, DeQuincy area, Com 495 Ft N of SE Cor of NW NE 17.7.10 TH N 165 Ft W 660 Ft etc, Ward 6, Calcasieu Parish, Louisiana (one manufactured home) Owner: Patsy Ann Green Verot Rainwater, et al, 473 Malone Road, DeQuincy, LA 70633, TA# 00222372 (Police Jury District 11);

(4) 2537 RED DAVIS ROAD, southeast Lake Charles area, Lot 1, Higgins Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: C & S Productions, LLC, P O Box 62557, LaFayette, LA 70596, TA# 00076252 (Police Jury District 10);

(5) 5049 RYAN LANE, south Lake Charles area, Lot 1, Southview Subdivision, Less W 50 Ft for Road R/W, Ward 3, Calcasieu Parish, Louisiana (one house) Owner of Land: PDC Enterprises, LLC, 717 Reigel Street, Lake Charles, LA 70607, Owner of Structure: Jimmy Edward Ryan, 5004 Ryan Lane, Lake Charles, LA 70605, TA# 00098000 & TA# 01332824 (Police Jury District 8);

(6) 1988 SHERWOOD DRIVE, west Sulphur area, Lot 3, Block B, Sherwood Forest Subdivision, Part 4, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Natalie Lorraine Duck Ogea, 4524 Pete Seay Road, Sulphur, LA 70665, TA# 00145947 (Police Jury District 12); and

(7) 2458 QUAIL RIDGE DRIVE, Moss Bluff area, Lot 20, Quail Ridge Subdivision, Ward 1, Calcasieu Parish, Louisiana (one house) Owner: William Greely Watkins, et ux, 725 N. Huval Drive, Lake Charles, LA 70611, TA# 00790788 (Police Jury District 1).

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

RESOLUTION

WHEREAS, SunCoast Land Services, Inc., Post Office Box 53731, Lafayette, Louisiana, 70505, made application in writing dated February 9, 2005, addressed to the Calcasieu Parish Police Jury, Lake Charles, Louisiana, requesting the said Police Jury to advertise for bids for leasing for mineral lease all of the right, title, and interest held by the Parish of Calcasieu, in the following described land situated in Calcasieu Parish, Louisiana, to-wit:

All streets, alleys, lanes, roads, and ditches lying within those areas outlined in red on the plat attached and situated in the South Half of the Southwest Quarter (S/2 of SW1/4) of Section 14, Township 8 South, Range 11 West, Calcasieu Parish, Louisiana; and said areas outlined in red being more particularly described as follows: Linda Lane, Virginia Lane, and Adell Lane as per plat of Mini Farms Subdivision, recorded in Plat Book 22, at page 31, in the Conveyance Records of Calcasieu Parish, Louisiana, containing approximately five acres, more or less. All bearings, distances, and coordinates are based on Louisiana Coordinate System of 1927, (North or South Zone), where applicable.

WHEREAS, a certified check in the amount of Two Hundred Dollars ($200.00) payable to the order of the Calcasieu Parish Police Jury was enclosed with such application, as required by law; and

WHEREAS, in the judgment of the Police Jury of Calcasieu Parish, Louisiana, this application is in order and it is in the best interest of the Calcasieu Parish Police Jury, that the above described land be advertised for bids for a lease for mineral purposes.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16^th day of February, 2005, that it does hereby authorize the President of the Police Jury to advertise for bids in conformity with the laws of the State of Louisiana covering publications for bids for leasing for mineral purposes public lands, and providing that all such bids must be received on or before 5:30 p.m., Thursday, March 3, 2005, in the Police Jury Meeting Room, Parish Government Building, 1015 Pithon Street, Post Office Drawer 3287, Lake Charles, Louisiana, 70602-3287.

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

RESOLUTION

That certain tract or parcel of land being described as the South Half of Lot Three (S/2 of Lot 3), of Block “A,” of Mini Farms Subdivision, situated in the South Half of the Southwest Quarter (S/2 of SW1/4) of Section 14, Township 8 South, Range 11 West, and being more particularly described as per plat recorded in Plat Book 22 at page 31, in the Conveyance Records of Calcasieu Parish, Louisiana, containing 2.5 acres, more or less. All bearings, distances, and coordinates are based on Louisiana Coordinate System of 1927, (North or South Zone), where applicable.

WHEREAS, a certified check in the amount of Two Hundred Dollars ($200.00) payable to the order of the Calcasieu Parish Police Jury was enclosed with such application, as required by law; and

NOW THEREFORE,

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

RESOLUTION

WHEREAS, Act No. 204, Regular Session, Louisiana Legislature of 1952 (LA R. S. 42:1001-1011 (as amended by LA Act No. 280 of 2004) established procedures whereby members of retirement systems in political subdivisions of the State of Louisiana may obtain Hospital Insurance - Medicare only coverage (“Medicare”); and

WHEREAS, the Calcasieu Parish Police Jury desires to offer Medicare coverage to its eligible employees.

NOW THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby adopt the following:

SECTION 1. It is hereby declared to be the policy and purpose of the Calcasieu Parish Police Jury to extend the provisions of Section 1, Act No. 204, Regular Session, Louisiana Legislature of 1952, as amended by LA Act No. 280 of 2004, to provide Medicare coverage to eligible officers and employees of the Calcasieu Parish Police Jury.

SECTION 2. In pursuance of said policy the Calcasieu Parish Police Jury requested the State Treasurer’s Office to conduct a divided vote referendum, under Section 218(d)(6) of the Social Security Act, for employees hired before April 1, 1986, who were members of the Parochial Employees Retirement System.

SECTION 3. The Honorable Hal McMillin, President of the Police Jury, is hereby authorized and directed to execute an agreement with the State of Louisiana to secure Medicare coverage of eligible officers and employees as provided in Section 1 hereof.

SECTION 4. The coverage of eligible officers and employees shall be effective as of January 1, 2005, for the employees who voted “Yes” in the divided vote Medicare only referendum held January 6, 2005.

SECTION 5. Withholdings from salaries or wages of officers and employees for the purposes provided in Section 1 heretofore are hereby authorized to be made in the amounts and at such times as may be required by applicable State and Federal laws and regulations, and shall be paid to the Internal Revenue Service, in such amounts and at such times as are designated in IRS Code 3121(b)(7)(E) and 3126.

SECTION 6. Employer contributions shall be paid from amounts appropriated for such purposes to the Internal Revenue Service in accordance with applicable Federal laws.

SECTION 7. The Calcasieu Parish Police Jury shall maintain such records and submit such reports as may be required by applicable State and Federal laws or regulations.

SECTION 8. This resolution shall take effect and be in full force from and after its passage.

THUS DONE AND PASSED on the date above inscribed.

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It was moved by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously to discuss a request from the Board of Commissioners of Waterworks District No. Eleven of Wards Four and Seven (Houston River) that the Police Jury consider requesting the State Legislature to amend LSA—R.S. 33:3819 to provide for a maximum per diem for members of boards of commissioners of waterworks districts of $100.00. (It was noted that the current law read as follows: “The parish governing authority in the parish in which each waterworks district is located may fix the per diem to be paid to each of the members of the board of commissioners of the respective waterworks districts in an amount not to exceed sixty dollars for each meeting they attend, up to and including twenty-four meetings in each year and for each special meeting not to exceed twelve special meetings in each year.”)

Mr. McMurry pointed out that a few years ago, the Police Jury had been requested by the fire districts to allow an increase in per diem. He explained that at that time, the Police Jury had adopted a resolution asking for permissive legislation for the increase with the stipulation that each district obtain the approval of the Police Jury before implementing an increase, and further, that the number of meetings for which a board could be paid a per diem would be limited.

Mr. Andrepont suggested that the per diem for board members of waterworks districts be increased to $100 for one meeting per month. Mr. McMurry pointed out that the Police Jury could not actually increase the per diem but could ask for permissive legislation for a maximum per diem of $100, with Police Jury approval.

Mrs. Eason asked if any justification for an increase had been submitted with the request to increase the per diem, to which Mr. McMurry answered that the request had come in the form of a one-paragraph letter and could have been the result of seeing the per diem for other boards being increased.

In answer to a question by Mr. Clement, Mr. McMurry advised that the district which had requested the increase was not operating at a deficit but was operating “fairly close to the vest” and trying to build their customer base. Mr. Andrepont pointed out that the district had applied for funding under the Riverboat Gaming Fund, just as many other districts had, but as far as asking for money to finance their operation, that was not the case at all.

Dr. Mackey stated that if the district was self-sufficient and not getting money from the Police Jury for operational purposes, he felt they should be entitled to a raise in per diem.

Mr. McMurry advised that even though the request came from one water district, any change in law could impact all of the other water districts in Calcasieu Parish.

Mrs. Treme stated that the members of the Board of Commissioners of Waterworks District No. Eleven of Wards Four and Six worked very hard, and she did not have a problem if the Board had sufficient funds to increase the per diem and was operating in a sound financial manner. She further stated that it was very difficult to find and retain qualified people to serve on these boards.

Following a brief discussion, motion was made by Mr. Danahay and seconded by Dr. Mackey to request the Louisiana Legislature to amend LSA—R. S. 33:3819 to provide permissive legislation which would allow the board of commissioners of a waterworks district in Calcasieu Parish to be paid a per diem not to exceed $100.00 per meeting for a maximum of twelve meetings per year, and further, that each board desiring to utilize such permissive legislation must obtain approval from the Police Jury prior to implementing this change in per diem.

Mrs. Eason stated that the current law allowed a per diem of $60 per meeting but if the motion on the floor passed, with the limit on number of meetings for which a per diem could be paid, some of the boards could actually receive less than what they were currently receiving if a board was meeting more than once a month, and she was concerned about the inconsistencies that might arise between the different boards. Mr. McMurry stated that the proposed legislation would be permissive in nature and as such, boards that were meeting more than once per month could operate under the old statute and not ask the Police Jury for approval to change the amount of their per diem, but that Mrs. Eason’s concerns were valid.

A reverse roll call vote was taken on the motion on the floor, which was to request the Louisiana Legislature to amend LSA—R. S. 33:3819 to provide permissive legislation which would allow the board of commissioners of a waterworks districts in Calcasieu Parish to be paid a per diem not to exceed $100.00 per meeting for a maximum of twelve meetings per year, and further, that each board desiring to utilize such permissive legislation must obtain approval from the Police Jury prior to implementing this change in per diem. The vote thereon was as follows:

YEAS:Mr. Andrepont, Mr. Clement, Mr. Collins, Mr. Danahay, Mr. Guidry, Mr. Guillory, Dr. Mackey, Mr. Manuel, Mr. Moon, and Mr. Stelly

NAYS:Mrs. Eason, Mr. Landry, and Mrs. Treme

ABSENT:Mrs. Griffin

NOT VOTING:President McMillin

The vote being ten (in favor) to three (against) the motion, President McMillin declared said motion as having carried; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 16^th day of February, 2005, that it does hereby respectfully request the Louisiana Legislature to amend LSA—R.S. 33:3819 to provide permissive legislation which would allow the board of commissioners of a waterworks district in Calcasieu Parish to be paid a per diem not to exceed $100.00 per meeting for a maximum of twelve meetings per year, as per the request of the Board of Commissioners of Waterworks District No. Eleven of Wards Four and Seven (Houston River).

BE IT FURTHER RESOLVED that each board desiring to utilize such permissive legislation must obtain approval from the Police Jury prior to implementing this change in per diem.

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 16^th day of February, 2005, that it does hereby declare a 1996 Chevrolet/LDV P30 Van as surplus property no longer needed by the Police Jury, Office of Homeland Security and Emergency Preparedness, and approving a Cooperative Endeavor Agreement between the Police Jury and the Calcasieu Parish Sheriff’s Office authorizing the transfer of said property to the Sheriff’s Office for their public use.

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

THUS DONE AND PASSED on the date above inscribed.

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Upon motion made by Mr. Stelly, which was duly seconded by Mr. Guillory 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 16^th day of February, 2005, that it does hereby approve a Memorandum of Understanding between the Police Jury, Office of Juvenile Justice Services, the Fourteenth Judicial District Court, the Fourteenth Judicial District Attorney’s Office, the Public Defender’s Office, the Office of Mental Health, the Calcasieu Parish School Board, and other relevant agencies and service providers outlining their roles and responsibilities related to the Calcasieu Parish Juvenile Mental Health Court.

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

THUS DONE AND PASSED on the date above inscribed.

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It was moved by Dr. Mackey, seconded by Mr. Moon and carried unanimously to adopt the following resolution:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 16^th day of February, 2005, that it does hereby authorize Ms. Martha Parnell, Director of the Office of Juvenile Justice Services, to negotiate on terms and conditions that she may deem advisable, and subject to the approval of the Parish Administrator, a contract or contracts in a dollar amount up to $7,500 with Applied Data Systems, LLC, for the enhancement of the Management Information System for the Office of Juvenile Justice Services.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 16^th day of February, 2005, that it does hereby approve the modification of the Workforce Investment Act (WIA) Contract for Program Year 2003/Fiscal Year 2003 between the Police Jury and the Louisiana Department of Labor which will provide for the addition of State Incentive Funds in the amount of $35,745.

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

THUS DONE AND PASSED on the date above inscribed.

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With reference to the foregoing resolution, it was noted that the incentive funds were awarded for exemplary performance in one or more of the WIA program activities and for regional cooperation with other parishes (Allen and Beauregard) in Region V per State Instruction No. 78.

Upon motion made by Mr. Manuel, which was duly seconded by Mr. Moon and carried unanimously, the President of the Police Jury was authorized to execute the necessary documents for donation of rights-of-way from Bluff Land Development, LLC, Timmy Bourgeois, et ux, David Neal Hull, et ux, and Brian K. Berry, as well as the necessary documents for a temporary construction easement from Brian K. Berry, on the Park Road Sidewalk Project in Ward One, in accordance with criteria established by the Police Jury and recommendation of the Parish Engineer.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 16^th day of February, 2005, that it does hereby approve a Proposal for Engineering Services between the Police Jury and Lancon Engineers, Inc., for the Shoreline Protection Project at Intracoastal Park.

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

THUS DONE AND PASSED on the date above inscribed.

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Motion was made by Mr. Landry and seconded by Mrs. Eason that a resolution be adopted approving the participation of the Police Jury in a Feasibility Cost Sharing Agreement and Project Management Plan between the Department of the Army and the City of Lake Charles, addressing flooding and stream restoration issues in the Calcasieu River Basin including the study areas of Lake Charles (Oak Park), Bayou Contraband, Prien Lake Channel, and Henderson Bayou, Hippolyte Coulee, Black Bayou, Bayou Choupique, Bayou D’Inde and Kayouchee Coulee at a total cost of $2 million dollars, with Calcasieu Parish’s share not to exceed $500,000 over a three-year period, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

Mr. Landry asked how long it would take to do the study, and Mr. Smart stated that it would take approximately three years from the time the study was actually commenced. He pointed out that it had taken the staff two years to get to the current point.

Mr. Landry asked when the study would be started, and Mr. Smart advised that it would be approximately 90 days from approval on this date.

Mr. Clement stated he thought the Police Jury had taken action on this matter one year ago, and Mr. Smart explained that action had actually been taken two years ago but at that time did not involve the City of Lake Charles. He further explained that during the past two years there had been some indecision on the part of the Corps of Engineers, as well as the City of Lake Charles, but that now the Corps had agreed to fund $1 million, with the City and Police Jury to each fund $500,000. Mr. Smart stated that the reason he had asked this to be placed back on the agenda was because of this change in funding and because of the decisio