May 5, 2005

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, May 5, 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, 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. 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; Mr. Jerry Milner, Director of Finance; 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. Landry. 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 recognized Chief Deputy “Stitch” Guillory and Deputy Chad Manuel of the Calcasieu Parish Sheriff’s Office as being present at the meeting on this date.

President McMillin advised that sponsors and contributors to the Tiger Woods Foundation “In the City” Clinic and Festival and the Calcasieu Parish Junior Golf Program would be recognized at this time, and he asked Ms. Sandy Mason of the Office of Special Projects to do the honors.

Ms. Mason stated that on May 12 – 14, 2005, Calcasieu Parish would become a part of the history of the Tiger Woods Foundation “In the City” junior golf program and that this had been made possible by the commitment and vision of the Police Jury. Ms. Mason thanked the Police Jury for the $25,000 it had contributed to the program, as well as underwriting $100,000 of the costs (for which contributions had been solicited to re-pay the underwriting). She then asked the President of the Police Jury, and Mr. Clement, Chairman of the Planning Committee for the event, as well as the jurors who served on the local planning committee – Mrs. Griffin, Mr. Guidry, and Mr. Danahay – to meet her at the podium for recognition of the sponsors and contributors. Ms. Mason pointed out that someone once told her that a community that nurtures its children also nurtures its future.

President McMillin presented a plaque to Mr. Shady Patton, General Manager of Entergy, in recognition of its sponsorship in the amount of $25,000 towards the Clinic and Festival. Mr. Patton thanked the Police Jury for the plaque and stated he appreciated the opportunity to partner with other organizations to hold the clinic. He pointed out that it was outstanding that Calcasieu Parish had been chosen as one of four sites in the western hemisphere to hold said clinic.

President McMillin then presented a similar plaque to Ms. Kerry Andersen, representing Contraband Bayou Golf Club at L’Auberge du Lac, for said company’s partnership with the Police Jury and its $25,000 contribution. Ms. Andersen stated that even though her company was only 22 days away from opening, they knew they had to be part of the Tiger Woods Clinic. She also stated that even though the Contraband Bayou Golf Club at L’Auberge was not yet open, the club’s golf professionals were very excited to be a part of the clinic, and she thanked the Police Jury for the opportunity to participate in the program.

Ms. Mason pointed out that the clinic would be launched with the cooperation and support of all of the golf courses in the community.

Mr. Clement presented certificates of appreciation to representatives of the following companies/entities for their donations of time, money, and manpower, as well as goods, services and amenities: Health Care Systems 2000 represented by Ms. Lisa Walker Health, Isle of Capri Casino represented by Mr. Kevin Guidry, Harrah’s Casino represented by Ms. Linda Wheeler, Coca Cola Bottling Company (Mr. Anthony Derousseau was unable to attend the meeting on this date because of his involvement with the Contraband Days Festival which was also being held at this time), Bell South represented by Ms. Mandy Mitchell, City of Lake Charles represented by Mayor Randy Roach, Calcasieu Parish Sheriff’s Office represented by Chief Deputy “Stitch” Guillory , and KPLC-TV represented by Ms. Audra Harvey.

Each of the recipients of the certificates expressed their appreciation for this recognition by the Police Jury, commending the Jury for taking the first step in encouraging young people in the community by making it possible to participate in a sport they might not otherwise have the opportunity to take part in and for enriching the lives of young people in a constructive way, and commending Ms. Mason and the planning committee for all their efforts in putting the clinic and festival together.

President McMillin asked Mr. Beam to introduce the newest member of the staff, Mr. Tom Hoeffer, Director of C-GOV (Calcasieu’s government television channel). Mr. Beam stated that Mr. Hoeffer had a wide background in television, radio, and print media, and was the voice of the McNeese State University Cowboys football games in the Fall. Mr. Beam further stated that Mr. Hoeffer had a degree in journalism from Eastern Illinois.

Mr. Hoeffer stated he was looking forward to working with the jurors and meeting the ones he did not yet know. He pointed out that the government channel had come a long way in a short period of time, and it was his hope it could become the best asset it could be for the Parish.

Motion was made by Mr. Landry and seconded by Dr. Mackey that the following application for a beer permit be approved:

WARD I

Shorty’s Icehouse, LLC

Shelia Trahan-Screws

SHORTY’S ICEHOUSE

1525 Highway 171 North

Lake Charles, LA 70611 Beer $35.00

(Don Manuel’s District)

TOTAL REMITTANCE: $35.00

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Mr. Manuel stated that he knew the permit had to be issued, because it was legal to do so, but he would vote against it. He asked that a copy of the State’s open container law be issued to the applicant at the same time as the permit was issued.

A vote taken on the motion carried, with Mr. Manuel voting in opposition to said motion.

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

It was moved by Mr. Danahay, seconded by Mrs. Griffin and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated April 7, 2005, and the reading of same was dispensed with.

Motion was made by Mrs. Griffin, seconded by Dr. Mackey and carried unanimously that the Wastewater Study Committee Report dated April 28, 2005, and all recommendations contained therein, be approved as follows:

WASTEWATER STUDY COMMITTEE REPORT

April 28, 2005

______________________________

A meeting of the Wastewater Study Committee was held at 4:00 p.m. on Thursday, April 28, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Francis Andrepont, Chairman, presiding and the following members present:

Mr. Brent Clement, Mrs. Elizabeth Conway Griffin, Charles S. Mackey, D.D.S., Mr. Don Manuel, President Hal McMillin, and Mrs. Sandy Treme

Absent: None

Also present were Police Jurors Cornie Moon and Tony Stelly, as well as staff members Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Claude Smart, Mrs. Kathy P. Smith.

Said Committee:

(1) Received an update from Mr. Shannon Spell, President of the Board of Commissioners of Sewer District No. Nine of Ward One (Moss Bluff) regarding the activities of said District.

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Upon motion made by Mr. Stelly, which was duly seconded by Mrs. Griffin and carried unanimously, the Agenda Committee Report dated April 28, 2005, was approved as follows:

AGENDA COMMITTEE REPORT

April 28, 2005

A meeting of the Agenda Committee was held on Thursday, April 28, 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, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, 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 May 5, 2005.

Following review of the items to be considered by the Police Jury on May 5^th, it was unanimously recommended that the proposed agenda be accepted as presented by the staff, with the addition of the following item:

Consideration of approval of the report given by legal counsel in the executive session held during the Agenda Committee meeting on Thursday, April 28, 2005, relative to Lawsuit No. 2003-6847 (Crooks vs. Police Jury). [This item was originally stated on the agenda for the Agenda Committee meeting as follows: Consideration of going into executive session on Thursday, April 28, 2005, to discuss Lawsuit No. 2003-6847 (Crooks vs. Police Jury)]

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. Moon, seconded by Mr. Manuel and carried unanimously to approve the Public Works Committee Report dated April 28, 2005, and all recommendations contained therein, as follows:

PUBLIC WORKS COMMITTEE REPORT

April 28, 2005

______________________________________

A meeting of the Public Works Committee was held on Thursday, April 28, 2005, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Sandra J. “Sandy” Treme, Chairman, presiding and the following members present:

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

Absent: None

Said Committee:

(1) Received presentation from staff on the status of capital improvement projects at selected parish parks, as follows: Prien Lake Park (Schooner Landing and Indian Bay theme) – Phase I, which includes parking and drives, should be complete by early June, 2005. Phase II includes a new pavilion for which construction should start in the Summer of 2005, an open-air (“crawfish”) pavilion, public restrooms, amphitheatre, flag plaza (focal point of park), playground, water play area, boat parking, picnic pavilions, and walking paths throughout the park. Intracoastal Park – improvements being made which are approximately 30 - 40% complete include picnic pavilions, restrooms, and a new open-air, screened pavilion. White Oak Park – improvements, which are substatially complete, include restrooms, playground, shower facility for RV park, redesign of camper sites to provide pull-through service. Also at White Oak Park, a major pavilion was constructed approximately three years ago.

(2) Received presentation from Mr. Jerry Worley and Mr. Malcom Carriere of the Pipeline Workers of America (PWA) with reference to the main contractor on the LNG Trunkline Gas Project, Willbros RPI, wherein Mr. Worley presented pictures of other jobs performed in Madisonville, Texas, and in Port Arthur, Texas, by Willbros RPI which he claimed posed safety and environmental problems, and Mr. Carriere said that local work already revealed safety concerns along roadways. Mr. Johnny Morris, Willbros RPI representative, stated that the PWA would do anything to try to organize his company into becoming a union contractor to gain back market share they had lost over the past two decades. Mr. Morris reported that Willbros RPI had done $145 million of federal energy projects with no fines or deficiencies and they had one of the best safety records in the industry.

(3) Discussed the possibility of modifying the hours of operation at Mallard Junction Park, and Mr. Collins advised that he would continue checking with his constituents to see what hours of operation they preferred.

(4) Recommended that Lancon Engineers, Inc. be authorized to perform a feasibility study for Phase II of the Red Davis Extension Project, from Gulf Highway to Lake Street in Police Jury District 7 (Mr. Landry’s district).

(5) Recommended that the Parish Administrator be authorized to advertise for bids for Calcasieu Parish Project No. 2005-06 (Installation of Side Drain Safety End Treatment on Various Roads).

(6) Recommended that the Parish Administrator be authorized to advertise for bids for Calcasieu Parish Project No. 2005-09 (Striping of Various Roads).

(7) Recommended that the Parish Purchasing Agent be authorized to advertise for bids for pre-constructed catch basin grates and frames on a standard bid for a period of one year.

(8) Advised that a letter had been received from Union Pacific Railroad with reference to the speed limits of trains through Calcasieu Parish. (A copy of the letter is attached and made a part of this report.)

(9) Recommended that legal counsel be requested to study the process for getting authority to widen drainage outlets under railroad tracks and to give a report at the Public Works Committee Meeting on May 26, 2005, concerning this matter.

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Pearl Crossing LNG Terminal, LLC & Pearl Crossing Pipeline, LLC to install a pipeline in an existing corridor that runs through Calcasieu Parish ending at a proposed new meter station and pipeline interconnection located at Starks, in Calcasieu Parish, Louisiana, as more particularly described in the Joint Public Notice dated April 22, 2005 from the U.S. Army Corps of Engineers; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Pearl Crossing LNG Terminal LLC & Pearl Crossing Pipeline LLC relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application for the location of the pipeline that will run through Calcasieu Parish only, 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 5^th day of May, 2005, that it does hereby indicate no objection to the proposal of Pearl Crossing LNG Terminal LLC & Pearl Crossing Pipeline LLC to install a pipeline in an existing corridor that runs through Calcasieu Parish ending at a proposed new meter station and pipeline interconnection located at Starks, in Calcasieu Parish, Louisiana, as more particularly described in the Joint Public Notice dated April 22, 2005 from the U.S. Army Corps of Engineers.

BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is relative to the location of the pipeline that will run through Calcasieu Parish only, 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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Motion was made by Dr. Mackey, seconded by Mrs. Griffin and carried unanimously that the following resolutions be adopted:

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Wallace Nichols to clear, grub and grade a 65.8 acre tract and place approximately 53,000 cubic yards of on-site graded earthen material and 5,379 cubic yards of hauled-in limestone aggregate, all to construct access roads and homesites as necessary to implement Phase 2 of the Woodland Forest Estate residential subdivision. Approximately 25.6 acres of jurisdictional wetlands would be impacted through project construction. Said project is located on the West side of North Perkins Ferry Road, approximately 1.9 miles north of Louisiana Highway 378, near Indian Bayou, in Moss Bluff, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Wallace Nichols 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 5^th day of May, 2005, that it does hereby indicate no objection to the proposal of Wallace Nichols to clear, grub and grade a 65.8 acre tract and place approximately 53,000 cubic yards of on-site graded earthen material and 5,379 cubic yards of hauled-in limestone aggregate, all to construct access roads and homesites as necessary to implement Phase 2 of the Woodland Forest Estate residential subdivision. Approximately 25.6 acres of jurisdictional wetlands would be impacted through project construction. Said project is located on the West side of North Perkins Ferry Road, approximately 1.9 miles north of Louisiana Highway 378, near Indian Bayou, in Moss Bluff, in Calcasieu Parish, Louisiana.

BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

THUS PASSED AND ADOPTED on the date above inscribed.

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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, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Stevens Real Estate & Development, L.L.C. to clear, grub, grade, and place approximately 4,100 cubic yards of earthen fill and 2,600 cubic yards of hauled-in fill (clay and limestone), all necessary to construct foundation pads, roadways, and drainage facilities, as required, to provide six residential and six commercial lots. The proposed project will impact approximately 5.1 acres of which 2.5 acres have been identified as jurisdictional wetlands. Said project is located off Nelson Road, in Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Stevens Real Estate & Development, L.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, a resolution indicating no objection was issued to Travis R. Pauley, Applicant, on May 22, 2003, for this same location which contained five (5) conditions as recommended by Gravity Drainage District No. Four of Ward Three; and

WHEREAS, the staff of the Division of Planning and Development met with the current applicant, Mr. Stevens of Stevens Real Estate and Development, L.L.C., to advise him that the proposed site plan was not acceptable; and

WHEREAS, Stevens Real Estate and Development, L.L.C. submitted a revised site plan which is acceptable and attached hereto and made a part hereof; and

WHEREAS, the revised site plan does not follow the character of work contained within the Joint Public Notice issued by the United States Army Corps of Engineers, dated April 15, 2005; and

WHEREAS, Gravity Drainage District No. Four of Ward Three still has the same concerns regarding the impact on drainage by proposed development at this particular site as it did in 2003, which also re-enforces the previous findings of the Parish Division of Engineering and Public Works, and those concerns are as follows:

1) that no fill be placed in any area below the contour elevation of 13.5 feet MSL to insure that any storage extending from the detention area east of Nelson Road is preserved; and

2) the existing 20 feet drainage easement and the existing 30 feet drainage maintenance easement on the property shall not be encroached upon or backfilled. Any backfill shall have a gradual taper to the drainage easement and shall not adversely affect the existing drainage; and

3) the backfilling of the applicant’s property should not exceed the existing elevations of the residential properties that adjoin this site; and

4) that Gravity Drainage District No. Four of Ward Three inspect and approve the above stated conditions after completion of the project, and advise the Army Corps of Engineers that the applicant has complied with said conditions; and

5) that if any improvements are made to the area, the District reserves the right to review and approve or disapprove those improvements. Such improvements could be, but are not limited to, the following: roads, buildings, parking area, drive way, and fill; and

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5^th day of May, 2005, that the revised site plan submitted by Stevens Real Estate and Development L.L.C. is acceptable, and the applicant has been made aware that conditions within the revised site plan no longer agree with the described character of work in the Joint Public Notice for the proposed project to be located off of Nelson Road 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 subject to the revised site plan and the following conditions as recommended by Gravity Drainage District Four of Ward Three, as outlined above, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

THUS PASSED AND ADOPTED on the date above inscribed.

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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, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by American Bank to request an extension of time to clear and grade an area and place approximately 944 cubic yards of hauled-in earthen fill all as necessary to facilitate the construction of a Branch Bank with associated drive thru aisle and parking area. Said project is located in Section 24, Township 10 South, Range 9 West, on Nelson Road, Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of American Bank 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 the City of Lake Charles.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5^th day of May, 2005, that it does hereby indicate no objection to the proposal of American Bank to request an extension of time to clear and grade an area and place approximately 944 cubic yards of hauled-in earthen fill all as necessary to facilitate the construction of a Branch Bank with associated drive thru aisle and parking area. Said project is located in Section 24, Township 10 South, Range 9 West, on Nelson Road, Lake Charles, in Calcasieu Parish, Louisiana.

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, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by L & M Traffic, Inc. to install and maintain 877-linear feet of geotube filled with approximately 2,100 cubic yards Combined Low Strength Material to serve as a bulkhead, dredge approximately 1,000 cubic yards of water bottom, to be placed behind the proposed bulkhead along with 2,518 cubic yards of limestone aggregate, and deposit approximately 4,000 cubic yards of concrete all to improve docking facilities and construct three loading platforms. Project implementation will impact approximately 0.40 acres of water bottoms. Said project is located at 400 North Kirkman, Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of L & M Traffic, Inc. 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 the City of Lake Charles.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5^th day of May, 2005, that it does hereby indicate no objection to the proposal of L & M Traffic, Inc. to install and maintain 877-linear feet of geotube filled with approximately 2,100 cubic yards Combined Low Strength Material to serve as a bulkhead, dredge approximately 1,000 cubic yards of water bottom, to be placed behind the proposed bulkhead along with 2,518 cubic yards of limestone aggregate, and deposit approximately 4,000 cubic yards of concrete all to improve docking facilities and construct three loading platforms. Project implementation will impact approximately 0.40 acres of water bottoms. Said project is located at 400 North Kirkman, Lake Charles, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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It was moved by Dr. Mackey, seconded by Mrs. Griffin and carried unanimously to approve the Planning Staff’s recommendation to defer action relative to a request for a resolution of objection/no objection on the following proposal until such time as a response was received from Gravity Drainage District No. Eight of Ward One: Proposal of Tim Mixon to clear a 74-acre tract, perform grading and dredging operations to construct a pond and redistribute 93,896 cubic yards of on-site earthen material, in addition to placement of approximately 11,555 cubic yards of hauled-in limestone aggregate, all to provide building foundations, driveways, access roads, drainage, utilities, and other infrastructure as necessary to develop a 98-lot single family residential subdivision located in the southwest quadrant of Paul Bellon Road and Birdnest Road, near Moss Bluff.

The hour being 6:00 p.m., President McMillin advised that a public hearing would be held at this time, as a result of notice provided to the owner of property described below, in accordance with Article II-Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, ordering said owners to show cause as to why the structures on said property should not be condemned: (On January 6, 2005, a public hearing was held on the above referred to case, and the Police Jury deferred action for sixty days since the owners had obtained a demolition permit, and the Division of Planning and Development staff authorized an additional thirty days.)

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

Mr. Wes Crain, Assistant Director of Development, pointed out a misprint on the agenda and stated that the case involved two manufactured homes (instead of one) and was advertised, and letters sent to the owners, as such. He recommended that the manufactured homes be condemned and removed within thirty days.

President McMillin asked if there was anyone in the audience who wished to address the Police Jury regarding this piece of property, and hearing no comments, motion was made by Mrs. Griffin and seconded by Dr. Mackey that the staff’s recommendation be approved and that an ordinance be adopted ordering the condemnation and removal of the manufactured homes.

In answer to a question by Mr. Landry, Mr. Crain advised that the property was being purchased by Ms. Kittner under a bond for deed arrangement whereby she paid a monthly note to Mr. Guidry and upon completion of all payments, the deed would transfer to her. Mr. Crain further advised that the manufactured homes were owned by Ms. Kittner who had moved them onto the property. Mr. Crain stated that the staff had been in contact with both parties and although Ms. Kittner had stated she had been trying, there was no indication she had been.

Mr. Clement asked if this was the same situation in which a manufactured home had been parked on the wrong property, and Mr. Crain stated that it was, and he thought it had finally been moved to the correct property.

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

ORDINANCE NO. 4909

AN ORDINANCE ordering condemnation and demolition of two manufactured homes on property located at 3235 Highway 108 (Com 660 Ft W of SE Cor SW SW 31.10.10 W 104.3 Ft, N 417.4 Ft etc.); Tax Assessment No. 00141992), South Carlyss area of Ward Four, Calcasieu Parish, Louisiana, and the current owner is Ronnie Joseph Guidry and the Bond for Deed Buyer is Debra Lynn Kittner.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5^th day of May, 2005, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the two manufactured homes on property located at 3235 Highway 108 (Com 660 Ft W of SE Cor SW SW 31.10.10 W 104.3 Ft, N 417.4 Ft etc.); Tax Assessment No. 00141992), South Carlyss area of Ward Four, Calcasieu Parish, Louisiana, and the current owner is Ronnie Joseph Guidry and the Bond for Deed Buyer is Debra Lynn Kittner, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 7^th day of April, 2005, and is final unless appealed within five (5) days.

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

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

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

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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Upon motion made by Mr. Moon, which was duly seconded by Mr. Landry and carried unanimously, the recommendation of the Director of the Division of Planning and Development was approved with reference to the Surplus Adjudicated Property Sale conducted on April 26, 2005, on the following cases:

AP03-211-05 (700 Block of VE Washington Street- vacant lot) (Police Jury District 3)

No bids were received; therefore, this property will be readvertised on May’s adjudicated property.

AP03-212-05 (1018 Mill Street) (Police Jury District 3)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $6,000.00 by Elmo White be accepted.

AP03-213-05 (2600 Block of Mary Street- vacant lot) (Police Jury District 2)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,300.00 by Brandon Joseph Winey be accepted.

AP03-214-05 (500 Block of 12th Street- vacant lot) (Police Jury District 5)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,500.00 by Richard N. Richard be accepted.

AP03-215-05 (200 Block of Predium Road- vacant lot) (Police Jury District 7)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $200.00 by Vincent Edward Harvey be accepted.

AP03-217-05 (2200 Block of Hursey Street- vacant lot) (Police Jury District 4)

Property redeemed by tax debtor.

AP03-218-05 (1100 Block of Fournet Street- vacant lot) (Police Jury District 3)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $6,500.00 by Vera Lee Mormon be accepted.

AP03-220-05 (4020 Fourden Street) (Police Jury District 9)

Property redeemed by tax debtor.

AP06-216-05 (1212 Banneker/Truth Street- imps/vacant lot) (Police Jury District 11)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,000.00 by Allen Boyd O’Kelley be accepted.

AP08-219-05 (Wooded Acreage North of the 2700 Block of Hecker Road- vacant lot) (Police Jury District 10)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $5,000.00 by Davidson John Darbone be accepted.

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

ORDINANCE NO. 4910

AN ORDINANCE authorizing the Police Jury to declare the property described as: Beg on S side Mill St 155.5 ft E of SE Cor Mill and Bank Sts E 44.5 S 138 ft etc being part of Lot 10 J Anderson Ryan Sub.; (AP03-212-05; Tax Assessment No. 582719); 1018 Mill Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Elmo White, his 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 $325.00 ($250 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Beg on S side Mill St 155.5 ft E of SE Cor Mill and Bank Sts E 44.5 S 138 ft etc being part of Lot 10 J Anderson Ryan Sub.; (AP03-212-05; Tax Assessment No. 582719); 1018 Mill 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. Elmo White, 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 Mr. Elmo White, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 5^th day of May, 2005, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Beg on S side Mill St 155.5 ft E of SE Cor Mill and Bank Sts E 44.5 S 138 ft etc being part of Lot 10 J Anderson Ryan Sub.; (AP03-212-05; Tax Assessment No. 582719); 1018 Mill 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. Elmo White, his 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:

(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 5^th day of May, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4911

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 79 ft W of NE Cor Lot 1 Blk 3 Wasey Sub of S 15 acres of SW SW 22.9.8, W 21 ft to NW Cor Lot 2, S 200 ft E 100 ft N 123 ft M/L W.; (AP03-213-05; Tax Assessment No. 449768); 2600 Block of Mary Street-vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Brandon Joseph Winey, his designated agent, or assignee for the consideration of $3,300.00 (three thousand three hundred 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: Com 79 ft W of NE Cor Lot 1 Blk 3 Wasey Sub of S 15 acres of SW SW 22.9.8, W 21 ft to NW Cor Lot 2, S 200 ft E 100 ft N 123 ft M/L W.; (AP03-213-05; Tax Assessment No. 449768); 2600 Block of Mary Street-vacant lot 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. Brandon Joseph Winey, to purchase said property for the consideration of $3,300.00 (three thousand three hundred 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

NOW, THEREFORE,

Section 1. The property described as: Com 79 ft W of NE Cor Lot 1 Blk 3 Wasey Sub of S 15 acres of SW SW 22.9.8, W 21 ft to NW Cor Lot 2, S 200 ft E 100 ft N 123 ft M/L W.; (AP03-213-05; Tax Assessment No. 449768); 2600 Block of Mary Street-vacant lot 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. Brandon Joseph Winey, his designated agent, or assignee for and in consideration of $3,300.00 (three thousand three hundred 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 5^th day of May, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4912

AN ORDINANCE authorizing the Police Jury to declare the property described as: E 55 ft of S 75 ft of Lots 9, 10, 11 Blk 1 Burton Sub of Sallier Sub (being S 75 ft Lot 9).; (AP03-214-05; Tax Assessment No. 583820); 500 Block of 12^th Street-vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Richard N. Richard, his designated agent, or assignee for the consideration of $1,500.00 (one thousand five hundred 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: E 55 ft of S 75 ft of Lots 9, 10, 11 Blk 1 Burton Sub of Sallier Sub (being S 75 ft Lot 9).; (AP03-214-05; Tax Assessment No. 583820); 500 Block of 12^th Street-vacant lot 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. Richard N. Richard, to purchase said property for the consideration of $1,500.00 (one thousand five hundred 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

NOW, THEREFORE,

Section 1. The property described as: E 55 ft of S 75 ft of Lots 9, 10, 11 Blk 1 Burton Sub of Sallier Sub (being S 75 ft Lot 9).; (AP03-214-05; Tax Assessment No. 583820); 500 Block of 12^th Street-vacant lot 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. Richard N. Richard, his designated agent, or assignee for and in consideration of $1,500.00 (one thousand five hundred 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: