April 7, 2005

                                                                                    Lake Charles, Louisiana

            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, April 7, 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 Elizabeth Conway Griffin; 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: Sandra J. Treme (Louisiana Police Jury Association Executive Board Meeting)

            Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mrs. Coleen Clark, Executive Secretary; Mrs. Cheryl Heisser, Director of Human Resources; Mr. 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 Dr. Mackey 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.

            Motion was made by Mr. Moon, seconded by Mr. Clement and carried unanimously that the following applications for liquor and beer permits be approved, and further, that the issuance of the following Special Events Permit be ratified: (Mr. Manuel stated that if any application for a liquor and beer permit came before the Police Jury for Shorty’s Ice House in Moss Bluff, he would oppose it.)

WARD IV

J.B.’s Hideaway, LLC

Jo. L. Clopper - Member

J.B.’S HIDEAWAY

2345 Industrial Drive

Sulphur, LA 70665                                           Liquor & Beer                     135.00

(Mike Danahay’s District)

Fiarways & Green, LLC

Wendell Christian - Member

BAYOU OAKS COUNTRY CLUB

2300 Bon Vie Drive

Sulphur, LA 70665                                           Liquor & Beer                     135.00

(Brent Clement’s District)

            TOTAL REMITTANCE:                                                         $270.00

            Type C permit to allow alcoholic beverages for the special events:

            UNITED BIKERS ANNUAL FIELD MEET

            April 1, 2, 3, 2005

            6780 Hwy. 90 East, Lake Charles, LA 70615

            James J. Ceaser - President

            (Calvin Collins’ District)

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            It was moved by Mrs. Griffin, seconded by Mr. Moon and carried unanimously to approve payment of all current invoices.

            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Stelly and carried unanimously, the minutes of the regular meeting of the Police Jury dated March 3, 2005, were approved, and the reading of same was dispensed with.

            Motion was made by Mrs. Griffin, seconded by Mr. Manuel and carried unanimously that the Agenda Committee Report dated March 31, 2005, be approved as follows:

AGENDA COMMITTEE REPORT

March 31, 2005

             A meeting of the Agenda Committee was held on Thursday, March 31, 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., President Hal McMillin, Mr. Cornie Moon, and Mrs. Sandra J. Treme

Absent: Mr. Don Manuel

            Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Allen L. Smith, Jr., 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 April 7, 2005.

            Following review of the items to be considered by the Police Jury on April 7^th, it was unanimously recommended that the proposed agenda be accepted as presented by the staff, with the addition of the following item:

Receive report from staff with reference to the status of a Joint Services Agreement with the City of Lake Charles, approved by the Police Jury on August 7, 2003, to provide for covering of a basketball court at Clifton Recreation Center on Geiffers Street in Lake Charles.

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

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

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            It was moved by Mr. Clement, seconded by Mr. Moon and carried unanimously that the Public Works Committee Report dated March 31, 2005, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

March 31, 2005

______________________________________

            A meeting of the Public Works Committee was held on Thursday, March 31, 2005, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Hal McMillin, President, 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. Cornie Moon, and Mr. Tony Stelly, and Chairman Sandy Treme

Absent: Mr. Don Manuel

            Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Allen Smith, Mrs. Kathy P. Smith, Mr. Gerry Trahan, Mr. Jim Vickers, and Mr. Allen Wainwright.

            (President McMillin chaired the meeting on this date due to the fact that Mrs. Treme was unable to be present when the meeting was called to order.)

            Said Committee:

(1)        Recommended that a resolution be adopted to rename Irby Lane in Ward Four to Avery Lane, with the name change to be effective after sixty days of final approval on April 7, 2005. (Police Jury District 12, Mr. Clement).

(2)       Recommended approval with reference to the hardsurfacing and acceptance of non-parish maintained public roads as follows:

            (2-1)    adopt a resolution approving the proposed "Conditions for Hardsurfacing and/or Acceptance of Non-Parish Maintained Public Roads" as attached;

            (2-2)    adopt a resolution approving the establishment of a financial reserve from the 2002 Sales Tax in the amount of $5 million to be utilized for the hardsurfacing of non-parish maintained public roads in accordance with new conditions approved by the Police Jury specifically related thereto; and

            (2-3)    adopt an ordinance adding the following roads to the Calcasieu Parish Master Private Road List:

                        Road Name                    Ward      Description

                        Georgia Road                     1          750’ east of the intersection of Thompson Road and Cascio Road (north end of Georgia Road to Clyde Dulaney Road approximately 2100’);

                        Off of Goodrich Road       4          1335’ east of the intersection of Thompson Road and Goodrich Road, thence south from Goodrich Road (approximately 733’).

(3)       Recommended to address 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 as follows:

            (3-1)    adopt a resolution approving a Feasibility Cost Sharing Agreement and Project Management Plan between the Police Jury and the Department of the Army, Corps of Engineers, on the above referred to project at a total project cost of $2 million dollars, with Calcasieu Parish’s share not to exceed $1,000,000 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; and

  (3-2)    adopt a resolution approving a Joint Services Agreement between the Police Jury and the City of Lake Charles whereby the Police Jury and the City of Lake Charles will provide the local share in the amount of $1,000,000 (50% Police Jury, 50% reimbursed to the Parish from the City) with reference to the Police Jury’s and the City’s participation in a Feasibility Cost Sharing Agreement and Project Management Plan on the above referred to project, and further, authorizing the President of the Police Jury, or his designee, to execute all documents related thereto. Mr. Smart advised at the Committee meeting that the Police Jury would be sole sponsor for the project and that the City was scheduled to take action on appropriation of its share of the cost on April 6, 2005.

(4)       Recommended to amend the Code of Ordinances of Calcasieu Parish to revise the fees to be charged for installation of transmission pipelines in Parish Rights-of-Way, and further, to establish additional standards for the safety of the public which will provide relief of future financial burdens to the public in the event of Parish road widening projects.

(5)       Recommended that a resolution be adopted approving an Original Agreement between the Police Jury and the Louisiana Department of Transportation related to the patching and overlaying of the following roads:

            •    Joe Miller Road, approximately 1.93 miles from U. S. Highway 171 west to North Perkins Ferry Road, State Project No. 742-10-0127, Federal Aid Project No. STP-1004(529) (Police Jury District 1, Mr. Manuel);

            •    Parish Road, approximately 1.1 miles from U. S. Highway 171 north to Sam Houston Jones Parkway, State Project No. 742-10-0128, Federal Aid Project No. STP-1004(530) (Police Jury District 1, Mr. Manuel); and

            •    You Winn Road, approximately 1.5 miles from U. S. Highway 171 north to where You Winn Road turns southeast and then intersects with Goos Road, State Project No. 742-10-0129, Federal Aid Project No. STP-1004(531) (Police Jury District 2, Mr. Collins).

NOTE: the Police Jury will contribute a twenty percent (20%) match of the construction and construction administration and inspection, with the Louisiana Department of Transportation and Development contributing the remaining eighty percent (80%).

(6)       Discussed the newly-constructed Cove Lane exit ramp off Interstate 210, and Mrs. Eason pointed out her concerns about the Parish’s “no truck traffic” ordinance on Prien Lake Road, extending south to Elliott Road and east to Nelson Road, not being enforced. She advised that there were a number of 18-wheelers using this route to get to Lake Street (instead of using the approved truck route which was to exit on Nelson Road, south to Country Club), and this involved the trucks traveling on a two-lane road with no shoulders through an area which was mostly residential. The Committee recommended that Mr. Smart meet with the City of Lake Charles, since much of this area has been annexed by the City, and to report back to the Police Jury as soon as possible with regard to a recommendation on the best manner of resolving this issue. (Mrs. Eason)

(7)       ADVISED that the Annual Rabies Clinic would be held on Saturday, April 16, 2005, from 1:00-4:00 p.m., and further, that the Department of Animal Services was issuing an invitation to all Parish and City officials, as well as any Administration Employees to join the volunteers at said parishwide clinics.

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            Upon motion made by Mr. Clement, which was duly seconded by Mr. Moon and carried unanimously, Recommendation No. 1 of the Public Works Committee was approved, and the following resolution was adopted:

RESOLUTION

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 7^th day of April, 2005, that it does hereby rename Irby Lane in Ward Four to Avery Lane, with the name change to be effective after sixty days from this date.

            THUS DONE AND PASSED on the date above inscribed.

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            Motion was made by Mr. Manuel, seconded by Mr. Landry and carried unanimously that Recommendation No. 2 of the Public Works Committee be approved.

            It was moved by Dr. Mackey, seconded by Mr. Manuel and carried unanimously to approve Recommendation No. 2.1 of the Public Works Committee, and the following resolution was adopted:

RESOLUTION

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 7^th day of April, 2005, that it does hereby approve the proposed “Conditions for Hard surfacing and/or Acceptance of Non-Parish Maintained Public Roads”.

            REQUIREMENTS FOR HARDSURFACING ACCEPTANCE

1.Road must be on the Master List of Non-Parish Maintained Public Roads and funding must be available from financial reserve set aside for this purpose after determination of priority based on density of population along road.

2.Road must serve two or more landowners not in the same immediate family, no gates may be across the road, and there must be no prohibition against anyone using the road unless established by the Police Jury.

3.100% of the right-of-way for the road must be donated. Exceptions may be made by a majority vote of the Police Jury to expropriate the necessary right-of-way due to non-resident landowners or other extenuating circumstances.

4.The total cost of harsurfacing, including costs of relocation utilities and purchase and installation of culverts and driveways necessary for the installation of a public roadside drainage system, will not exceed the rate of $400,000 per mile on any individual road.

5.Costs for relocation of property owner improvements such as mailboxes, fences, or landscaping will not be the responsibility of the Parish.

6.At least 80% of the homeowners, and at least 50% of the property owners measured by road frontage, must petition the Police Jury to take the road into the Parish road system.

7.The road must not be subject to riverine flooding or excessive environmental conditions such as wetland mitigation.

            REQUIREMENTS FOR NON-HARDSURFACING ACCEPTANCE

1.Road must be on the Master List of Non-Parish Maintained Public Roads.

2.Road must serve two or more landowners not in the same immediate family, no gates may be across the road, and there must be no prohibition against anyone using the road unless established by the Police Jury.

3.100% of the right-of-way for the road must be donated. Exceptions may be made by a majority vote of the Police Jury to expropriate the necessary right-of-way due to non-resident landowners or other extenuating circumstances.

4.Costs for relocation of utilities such as electric, gas, water, phone, or cable lines, or property owner improvements such as mailboxes, fences, or landscaping, lying within or immediately adjacent to the right-of-way, will not be the responsibility of the Parish.

5.At least 80% of the homeowners, and at least 50% of the property owners measured by road frontage, must petition the Police Jury to take the road into the Parish road system.

6.The road must not be subject to riverine flooding or excessive environmental conditions such as wetlands mitigation.

7.The road must meet the standards as shown on the Residential Minimum Aggregate Standard dated January 18, 2005.

            THUS DONE AND PASSED on the date above inscribed.

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            Upon motion made by Mr. Landry, which was duly seconded by Mr. Moon and carried unanimously, Recommendation No. 2.2 of the Public Works Committee was approved, and the following resolution was adopted:

RESOLUTION

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 7^th day of April, 2005, that it does hereby approve the establishment of a financial reserve from the 2002 Sales Tax Fund, said reserve to be in the amount of $5 million, to be utilized for the hardsurfacing of non-parish maintained public roads in accordance with new conditions approved by the Police Jury on this date and specifically related thereto.

            THUS DONE AND PASSED on the date above inscribed.

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            Motion was made by Mr. Clement, seconded by Mr. Landry and carried unanimously that Recommendation No. 2.3 of the Public Works Committee be approved, and the following ordinance was adopted:

ORDINANCE NO. 4888

AN ORDINANCE amending Chapter 23 – Subdivision and 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 7^th day of April, 2005, that it does hereby amend Chapter 23 – Subdivision, Section 23-8 (c), and Chapter 26 – Zoning, Section 26-15 (b), of the Code of Ordinances of Calcasieu Parish, Louisiana, to add an extension off of Georgia Road located in Ward One of Calcasieu Parish, to the revised Master Private Road List, as follows:

            SECTION 1.     Section 23-8. Administration and violation, is amended as follows:

            (c) Variance on Private Road. No application for variance request shall be processed by the commission staff for authorization of a development permit on a private road other than those shown on Calcasieu Parish’s Master Private Road List officially adopted by the Police Jury on June 20, 2002, with revisions adopted on May 1, 2003, June 5, 2003, November 6, 2003, April 1, 2004, May 6, 2004, July 22, 2004 and April 7, 2005, a copy of which is attached hereto and made a part hereof, and which is also hereby incorporated in the Code of Ordinances of Calcasieu Parish, Louisiana, as Exhibit A in the Appendix Chapter. Procedures for applying for development permits without public road frontage requirements.

        SECTION 2.     Section 26-15. Procedures for applying for development permits without public road frontage requirements, is amended as follows:

            (b) No application for variance request shall be processed by the Division of Planning and Development for authorization of a development permit on a private road other than those shown on Calcasieu Parish’s Master Private Road List officially adopted by the Police Jury on June 20, 2002, with revisions adopted on May 1, 2003, June 5, 2003, November 6, 2003, April 1, 2004, May 6, 2004, July 22, 2004 and April 7, 2005, a copy of which is attached hereto and made a part hereof, and which is also hereby incorporated in the Code of Ordinances of Calcasieu Parish, Louisiana, as Exhibit A in the Appendix Chapter.

            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 7^th day of April, 2005.

                                                                                      /s/ Hal McMillin, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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