May 19, 2005

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, May 19, 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. 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: Mr. Francis Andrepont (out of town)

Also present were Mr. S. Mark McMurry, Parish 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. Ed McGuire of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.

President McMillin called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance led by Mr. 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.

Mrs. Treme was granted a point of personal privilege to present to the Police Jury a trophy she had received on behalf of the Jury in her capacity as liaison to the Southwest Louisiana Convention and Visitors Bureau. She stated that the Police Jury had been named as the Southwest Louisiana Tourism Partner of the Year at a recent ceremony attended by Lieutenant Governor Mitch Landrieu and many others.

President McMillin advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2005-04 (Overlaying of Various Roads in Calcasieu Parish, Louisiana), and appropriate action would be taken thereon.

Mr. McMurry then proceeded to open the following bids:

Bessette Development $2,470,126.65

Prairie Contractors, Inc. $2,586,923.55

R. E. Heidt Construction Company, Inc. $2,539,534.51

Motion was made by Mrs. Griffin, seconded by Dr. Mackey and carried unanimously that the bids be referred to the Parish Engineer for final tabulation with further action thereon to be taken by the Police Jury at its Regular Meeting on June 2, 2005.

Upon motion made by Dr. Mackey, which was duly seconded by Mr. Landry and carried unanimously, the following application for a beer permit was approved, and the issuance of the following Special Events Permit was ratified:

WARD I

Ariba Petroleum, LLC

Gul Awan - Member

BRONCO DISCOUNT

393 Hwy. 171 North

Lake Charles, LA 70611 Beer - Pkg. $25.00

(Calvin Collins’ District)

TOTAL REMITTANCE: $25.00

Type C Permit to allow alcoholic beverages for the special event:

SMALL PONY EXPRESS TRAIL RIDE

June 3, 4, 5, 2005

5257 Elliott Road, Lake Charles, LA 70605

Theodore Collins, Jr. - Pres.

(Mary Kaye Eason’s District)

With regard to the foregoing, Mr. Stelly asked what kind of background check was done on persons who applied for liquor and beer permits, to which Mr. Vickers responded that an FBI (Federal Bureau of Investigations) check was done through the Sheriff’s Office who in turn sent a recommendation to the staff.

It was moved by Mr. Moon, seconded by Mrs. Griffin and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated April 21, 2005.

President McMillin advised that action was needed on Zoning Case RZ04-018-05 which was a request by James Adams to rezone from R-2 (Mixed Residential) to R-M (Multi-Family Residential) to allow duplexes (14 units) at 621 John Stine Road in Ward Four (Police Jury District 14, Mr. McMillin). He further advised that the Planning and Zoning Board had met on Tuesday, May 17, 2005, and voted eight (against) to one (for), with two members abstaining, to recommend that the request be denied. President McMillin pointed out that should the request be granted, the Board had recommended the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that a centralized postal approved mailbox must be provided upon completion of the fourth duplex or within 18 months, whichever occurred first; (3) that a six-foot wooden privacy fence must be installed along the north, south, east, and west property lines upon completion of each phase as it was developed; and (4) that the concrete private road must be installed to the length of each phase upon its completion.

Motion was made by Mr. Landry and seconded by Mrs. Treme that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ04-018-05 and that the request to rezone be denied.

Mrs. Griffin stated that she was glad the request had been denied by the Planning and Zoning Board, because she felt this was the wrong location for such a project.

Ms. D’Nita Bradshaw, 398 White Oak Drive, Lake Charles, appeared before the Police Jury in support of the rezoning request. She stated that she was originally from Westlake and planned to move back to Westlake and would not do anything that would hurt the community. Ms. Bradshaw advised that one of the duplexes would be built for handicapped persons and in her work at Lake Charles Memorial Hospital, she knew there was a great need for places for such persons to live. Ms. Bradshaw also advised that the community had complained about the possibility that crime might escalate with the development of the duplexes, but she stated that crime was everywhere. Ms. Bradshaw stated that there had been an apartment complex in the vicinity of the proposed duplexes for the past 22 years, and there had been no problems associated with the complex. She further stated that the area was a mixed subdivision with old and new mobile homes and houses. Ms. Bradshaw advised that she and her husband wanted to improve the property and decrease the chances of someone hiding in the overgrown portions of it. She stated that she felt the development would increase the value of the surrounding properties and asked that the Police Jury reconsider its motion to deny the rezoning request.

President McMillin stated that this area was in his district and that he had received a petition with 95 signatures on it in opposition to the proposed duplexes. He pointed out that the proposed use was non-conforming in that most of the area surrounding it was single-family residential. President McMillin stated that the Parish did need duplexes, but he felt this was the wrong place to build them. He pointed out that the Planning and Zoning Board had denied the request, and the staff had also recommended that it be denied.

A vote taken on the motion on the floor carried unanimously, and the recommendation of the Planning and Zoning Board was upheld to deny the request to rezone with respect to Zoning Case RZ04-018-05.

President McMillin advised that action was needed on a revision to RZ03-052-93 which was a request by Robert and Patricia Chandler to amend Ordinance No. 3490 to expand a manufactured home park (from 5 spaces to 21 spaces) at 7896 Nelson Road in Ward Three (Police Jury District 6, Mr. Moon). He further advised that this was a request to expand an existing manufactured home park known as South Nelson Park and that on November 18, 1993, the Police Jury had upheld the Planning Commission’s recommendation to approve rezoning of the property to R-MHP, with the stipulation that 16,000 square feet shall be provided for each manufactured home space, and further, that the petitioners were requesting the revision to expand the manufactured home park from 5 spaces to 21 spaces.

President McMillin also advised that the Planning and Zoning Board had met on Tuesday, May 17, 2005, and voted seven (against) to four (for) to recommend that the request be denied and further recommended that should the request be granted, that the following stipulations be made part of the rezoning: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that a centralized postal approved mailbox must be installed within six months; (3) that a six-foot wooden privacy fence must be installed along the south property line and around the lot designated for sewer treatment plant and dumpster area within six (6) months of zoning approval; (4) that an occupational license must be obtained within five (5) days of zoning approval; and (5) that all streets must be hardsurfaced (asphalt or concrete) within six (6) months of zoning approval.

Motion was made by Mr. Moon, seconded by Mr. Landry and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ03-052-93 and that the request be denied.

It was moved by Mrs. Griffin and seconded by Mr. Stelly to adopt a resolution of no objection to the 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 Police Jury deferred action on May 5, 2005, until the regular meeting on this date, upon recommendation by the Planning Staff, until a response was received from Gravity Drainage District No. Eight of Ward One.)

Mr. Vickers advised that a response had still not been received from the drainage district and that based on the information they had, the staff had to recommend in favor of the proposal.

A vote taken on the motion on the floor carried unanimously; whereupon, 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 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. Project implementation would directly impact approximately 9.30 acres of jurisdictional wetlands. Said project is located on the Southwest quadrant of Paul Bellon Road and Birdnest Road, near the community of Moss Bluff, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Tim Mixon 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 19^th day of May, 2005, that it does hereby indicate no objection to the 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. Project implementation would directly impact approximately 9.30 acres of jurisdictional wetlands. Said project is located on the Southwest quadrant of Paul Bellon Road and Birdnest Road, near the community of 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.

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.

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

Upon motion made by Mr. Moon, which was seconded by Dr. Mackey 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 Eugene J. Miller to clear, grade, and place approximately 3,000 cubic yards of clay and sand as necessary for a single family residence, garage, boathouse, wharf and two 200 foot bulkheads along the north and south sides of the property. Project implementation would directly impact .53 acres of jurisdictional freshwater marsh wetlands. Said project is located approximately 0.6 miles north of Interstate Highway 10 on River Road along the right descending bank of the Calcasieu River in the City of Lake Charles, Louisiana, in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Eugene J. Miller relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of Lake Charles.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of May, 2005, that it does hereby indicate no objection to the proposal of Eugene J. Miller to clear, grade, and place approximately 3,000 cubic yards of clay and sand as necessary for a single family residence, garage, boathouse, wharf and two 200 foot bulkheads along the north and south sides of the property. Project implementation would directly impact .53 acres of jurisdictional freshwater marsh wetlands. Said project is located approximately 0.6 miles north of Interstate Highway 10 on River Road along the right descending bank of the Calcasieu River in the City of Lake Charles, Louisiana, in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Motion was made by Mr. Landry and seconded by Mr. Moon that a resolution be adopted approving $1,000 of down payment assistance to each of the next six families who purchased a home through Calcasieu Parish’s Homeownership Program, in accordance with provisions of the HUD (Housing and Urban Development) Homeownership Program. (It was noted that funding for this initiative would come from a one-time payment from HUD in the amount of $6,000 for discretionary administrative funding applicable to homeownership closings.)

In answer to a question by Mrs. Griffin, Mrs. Jennifer Wallace of the Division of Planning and Development explained that the Parish had received this funding for administrative purposes and instead of spending it on computers or a car or something of that nature, the staff wanted to “bump up” the homeownership program in Calcasieu Parish to another level by awarding $1,000 to each of the next six families to participate in the program.

Mr. Guidry asked what the criteria was to become a participant in the program, and Mrs. Wallace advised that the participant had to be in the Section 8 Housing Program and had to get on a waiting list to receive their voucher. She further explained that a participant must be employed for one year prior to purchasing a house and receive home ownership counseling through the LSU Agricultural Center.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of May, 2005, that it does hereby approve $1,000.00 (one thousand dollars) of down payment assistance each to the next six families who purchase a home through Calcasieu Parish’s Homeownership Program, in accordance with provisions of the HUD Homeownership Program.

BE IT FURTHER RESOLVED that funding for this initiative will come from a one-time payment from HUD in the amount of $6,000 for discretionary administrative funding applicable to homeownership closings.

THUS DONE AND PASSED on the date above inscribed.

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

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of May, 2005, that it does hereby approve a Joint Services Agreement between the Police Jury, Office of Juvenile Justice Services, and the Calcasieu Parish School Board for the continuation of the Truancy Assessment and Service Center that provides assessment and intervention services to children at risk of becoming truant in Calcasieu Parish.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of May, 2005, that it does hereby approve the renewal of an agreement between the Police Jury, Office of Juvenile Justice Services, and the Louisiana Department of Education for Child Nutrition Programs.

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.

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

It was moved by Mrs. Eason, 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 19^th day of May, 2005, that it does hereby authorize the Division of Engineering and Public Works to submit an Application for Transportation Enhancement Projects for the construction of a sidewalk on Nelson Road, from Country Club Road to Gauthier Road (both sides), with the Police Jury assuming full responsibility for the local matching funds, the responsibility for managing and maintaining the project, and the responsibility for legal liability incurred by Louisiana Department of Transportation and Development, as a result of the project, and the Police Jury being reimbursed 95% of eligible expenses.

THUS DONE AND PASSED on the date above inscribed.

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

With reference to the foregoing, Mr. Moon thanked the Division of Engineering and Public Works for taking the initiative in this matter, pointing out that Nelson Road was a very busy thoroughfare and that sidewalks were needed for the safety of residents in that area.

In answer to a question by Mr. Clement, Mr. Smart stated that there was no estimate yet for the total cost of the project, but the Police Jury’s 5% of the cost would come from Road District No. Three funds. Mr. Smart also stated that the grant would pay for the sidewalk costs and that the Parish already had the right-of-way and culverts on Nelson Road, so that would be an expense the Parish would not have to incur since it already had those.

Motion was made by Mr. Moon, seconded by Mr. Stelly and carried unanimously that the President of the Police Jury be authorized to execute the necessary documentation for donation of right-of-way from Robert and Florence Ella Williamson Foreman on the Park Road Sidewalk Project in Ward One (Police Jury District 1, Mr. Manuel).

Upon motion made by Mr. Stelly, which was duly seconded by Dr. Mackey 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 19^th day of May, 2005, that it does hereby approve a Temporary Road Closure Agreement between the Police Jury and Sweetlake Land and Oil Company to close Old Camp Road, from a point one-quarter mile west of State Highway 27 to Ward Line Road, as requested by said company, with the Parish retaining the right-of-way and the property owners being responsible for installation and maintenance of appropriate gate(s).

BE IT FURTHER AND FINALLY RESOLVED that said agreement will be effective until new bridge plans are awarded or two years from the execution of this agreement.

THUS DONE AND PASSED on the date above inscribed.

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

It was moved by Mrs. Treme, seconded by Dr. Mackey and carried unanimously to adopt the following resolution to fill a vacancy on the Board of Commissioners of Community Center and Playground District No. One of Ward Six which was created by the resignation of Ms. Ranita Peterson:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of May, 2005, that it does hereby appoint Ms. Jeanette Peterson, to replace Ms. Ranita Peterson, as a member of the Board of Commissioners of Community Center and Playground District One of Ward Six, said term to expire August, 2008.

BE IT FURTHER RESOLVED that, in accordance with state law, the above referred to appointee shall be administered an oath of office by any judge, justice of the peace, clerk of court, or notary public duly appointed and qualified in the State of Louisiana.

BE IT FURTHER RESOLVED that the above-named appointee shall be administered the oath of office within thirty days following receipt of this resolution.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Motion was made by Mr. Danahay, seconded by Mrs. Griffin and carried unanimously that the rules be suspended by a two-thirds majority vote to adopt the following resolution:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of May, 2005, that it does hereby authorize the Calcasieu Parish Police Jury to enter into an After-the-Fact Consent with the Corps of Engineers that allows the existing facilities of Calcasieu Point Landing to remain.

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, more particularly, the consent form, the accompanying acknowledgment, and certificate of authority.

THUS DONE AND PASSED on the date above inscribed.

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

Upon motion made by Mr. Danahay, which was seconded by Mr. Clement and carried unanimously, the rules were suspended by a two-thirds majority vote to go into executive session to discuss Lawsuit No. 2003-6847 (Crooks vs. Police Jury).

Prior to going into executive session, Mr. Clement was granted a point of personal privilege to report that the Tiger Woods Foundation “In the City” Golf Clinic and Festival held May 12 - 14, 2005, had been very successful. He asked that certificates of appreciation be prepared for the golf professionals in the area who had donated many hours of their time and talent to make the program a success.

Mr. Guidry concurred with Mr. Clement’s comments and also pointed out that there were many parish employees who needed to be thanked for their efforts in the golf clinic, and he hoped that could be done soon, because he greatly appreciated all they had done.

Mrs. Griffin stated that the purpose of the program had been to expose children to the sport of golf who might not otherwise have an opportunity to participate in it, and the Police Jury should be very proud to have sponsored this program.

President McMillin added that the visitors from Leon, Mexico, were very impressed by the Parish’s hospitality.

The Police Jury then entered into executive session pursuant to previous action. Following the executive session, the Police Jury reconvened in Regular Session, and motion was made by Dr. Mackey, seconded by Mrs. Griffin and carried unanimously to suspend the rules by a two-thirds majority vote to approve the report given by legal counsel during the executive session relative to Lawsuit No. 2003-6847 (Crooks vs. Police Jury).

There being no other business, motion was made by Mrs. Griffin, seconded by Mr. Stelly and carried unanimously that the meeting be adjourned.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary