June 2, 2005

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, June 2, 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: Mrs. Sandra J. Treme (out of town)

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish 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; and Mr. Jim Vickers, Director of Planning and Development.

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

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

President McMillin advised that 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 improvements to the Courthouse Complex parking lot located west of the Parish Government Building, and appropriate action would be taken thereon.

Mr. McMurry then proceeded to open the following bids:

Bidder Base Bid Add Alt.

McManus Construction, Inc. $432,000.00 $24,250.00

Charles Miller Construction Company, Inc. $356,835.00 $33,000.00

Sam Istre Construction $329,000.00 $30,300.00

There being no other bids submitted for this project, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the bids be referred to Mr. E. J. Ellender of Ellender Architects and Associates, LLC, the architectural firm for the project, with further action to be taken by the Police Jury later in the meeting on this date.

With reference to the foregoing, Mr. Clement asked where people would park during the construction, and Mr. McMurry advised that the project was scheduled to take place during the annual six-week period when the Fourteenth Judicial District Court would not be holding court, so that the majority of the time there should not be too big of a problem with parking. He pointed out that there would be 200 slots available for parking at the Lake Charles Civic Center.

Mr. McMurry stated that for safety reasons, traffic exiting from the Magnolia parking garage would be re-routed to exit into the parking lot west of the Parish Government Building, instead of along the south side of the Magnolia building, and this would reduce the number of parking spaces, but it would not be an appreciable number.

President McMillin asked Mrs. Sandy Mason, Special Projects Coordinator, and Mrs. Griffin and Mr. Clement to join him at the podium to recognize various local businesses and residents of the Parish who provided monetary and/or otherwise tangible support to the Police Jury’s May 12-14, 2005, Tiger Woods Foundation “In the City” Junior Golf Clinic and Festival.

Mrs. Mason presented a brief video of the clinic and festival and stated that she had never seen a program so fully embraced by the community. She thanked everyone who helped make the event so successful – those who had given of their talent and skills, and those who had donated money from their corporate coffers – and in doing so gave birth to the Calcasieu Parish Junior Golf Program.

Mrs. Mason presented plaques to the following golf professionals who were present at the meeting on this date: Mr. Neel DeRouen and Mr. Chris Gentry of Gray Plantation Golf Course, and Mr. George McInnis and Mr. Stewart Kramer of the Lake Charles Country Club Golf Course. The following golf pros were not able to attend the meeting, but Mrs. Mason stated she would make sure they received their plaques: Mr. Todd Boudreaux of Pine Shadows Golf Course, Mr. Jacob Lipari, Mr. Raymond Butgereit, and Mr. Billy Rase of Contraband Bayou Golf Course, Mr. D. J. Schexnider and Mr. Bryant “Bear” Suarez of Frasch Park Golf Course, and Mr. Derek Smith of Mallard Cove Golf Course.

Mrs. Mason presented certificates of recognition to the following persons, some of whom were not able to attend the meeting on this date: Mr. Doug Gehrig of McDonald’s for being an event food vendor, Mr. Paul Pettefer of Mid-South Bank for a monetary contribution, Mr. Jeremy Sanders of Wal-Mart #1204 for door prizes, Ms. Kaysha Sims of Pat’s of Henderson for door prizes, Mr. Scooter Hobbs, Sports Editors of the “Lake Charles American Press”, for participating in the golf clinics, Mr. Glen Picard for donating golf equipment, and to the Kossa Indian Dancers for providing entertainment.

Mrs. Mason stated that Mr. Picard had re-gripped some old golf clubs, and those were ready to go to the courses where they were needed. She asked that if anyone had any old golf clubs they would like to donate to the Junior Golf Program, Mr. Picard would through his generosity repair them for use in the program.

Mr. Neel DeRouen, Golf Pro at Gray Plantation Golf Course, stated that anytime someone praised the sport of golf, they were his friend, and he felt the pros who had participated in the clinic had made about 400 new friends. He thanked the Police Jury for being given the opportunity to participate in the program.

Mrs. Mason then presented certificates of recognition to the following Parish employees who she said served the public during the clinic with dignity and respect, and with a focus on quality and excellent service: Mr. Gerry Trahan, Mr. Chad “Bones” Henry, Mr. Delton Landry, Mr. Heath Ellender, Mr. Steve Bond, Mrs. Cindy Murphy, and Mrs. Jessica Williamson.

President McMillin thanked Mrs. Mason for taking the lead in this project and stated that it had been a tremendous event.

President McMillin stated that another recent golf event was the annual parish employees tournament, and he asked Mr. Allen Wainwright, Public Works Engineer, to give a brief report. Mr. Wainwright advised that the team consisting of police jurors McMillin, Clement, and Stelly had won first place. He expressed his appreciation for the jurors’ participation in this event.

President McMillin stated that a presentation would be received at this time from Captain Russell C. Haman, Troop D, Louisiana State Police, with reference to the new statewide emergency evacuation routes.

Captain Haman stated that in an attempt to avoid the problems associated with evacuations for Hurricane Ivan in 2004, where traffic heading west was stalled on Interstate-10 for many hours, the State Office of Homeland Security and Emergency Preparedness (OHSEP), along with the Louisiana Department of Transportation and Development (DOTD), had prepared an emergency evacuation plan. He pointed out that it was not just for hurricanes but for any emergency evacuation.

Captain Haman stated that public safety was their concern, but they had to be very careful with issuing evacuation orders because in the Southwest Louisiana area, it affected the chemical refineries, commerce, and government – for instance, if a river boat was ordered to close, it affected the Parish budget as well as the State’s. Captain Haman stated that a decision to evacuate would be made in conjunction with the National Weather Service based on geographic location and time in which tropical storm winds were forecasted to reach the affected areas. He further stated that evacuations would be done in a phased manner, as follows:

Phase I – 50 hours before onset of tropical storm winds. Includes areas south of the Intracoastal Waterway – Cameron, lower Calcasieu and Jefferson Davis parishes. During Phase I there would be no route restrictions. State Police would activate its 24/7 Traffic Command Center, and public schools and offices would be closed.

Phase II – 40 hours before onset of tropical storm winds. Includes areas south of the Mississippi River and south of Interstate 10 vulnerable to Category 2+ storms. Traffic at intersections in south Lake Charles, Moss Bluff and further north would be managed/controlled, and routes would be suggested.

Phase III – 30 hours in advance – Category 3 Hurricane or higher. Cameron, Calcasieu and Jefferson Davis parishes vulnerable to slow Category 3 or any Category 4 or 5 storms. Certain routes will be directed, and the Contraflow Plan implemented in New Orleans area.

Captain Haman advised that during Phase III, instead of all traffic being allowed to travel west to Baton Rouge, there would instead be one-lane going to Baton Rouge. He further advised that roads would be blocked and all traffic directed north.

Captain Haman pointed out that if the jurors had any questions, to feel free to call him or check their website for additional information. He took this opportunity to thank all local law enforcement who had cooperated over the past weekend with the opening of the new L’Auberge du Lac Casino, pointing out that with all of the increased traffic, there had only been one wreck.

Mrs. Eason thanked Captain Haman for updating the police jurors on the evacuation plan. She advised that she realized Captain Haman was in a job that was sometimes “thankless”, but she wanted him to know that she did appreciate him, his Troop, and the work they did.

It was moved by Mrs. Griffin, seconded by Mr. Landry and carried unanimously to approve the following application for a beer permit:

WARD I

Moss Bluff Petroleum, LLC

Bhupinder Singh Sandhu - Member

FIRST STOP #3

1783 Hwy. 171 North

Lake Charles, LA 70611 Beer - Pkg. 25.00

(Don Manuel’s District)

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Motion was made by Mr. Guillory, seconded by Dr. Mackey, and carried unanimously that payment of all current invoices be approved.

It was moved by Mr. Moon, seconded by Dr. Mackey and carried unanimously to approve the minutes of the regular meeting of the Police Jury dated May 5, 2005, and the reading of same was dispensed with.

Upon motion made by Mr. Stelly, which was duly seconded by Dr. Mackey and carried unanimously, the Agenda Committee Report dated May 26, 2005, was approved as follows:

AGENDA COMMITTEE REPORT

May 26, 2005

A meeting of the Agenda Committee was hld on Thursday, May 26, 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, Mr. Cornie Moon, and Mrs. Sandra J. Treme

Absent: President Hal McMillin

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

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 June 2, 2005.

Following review of the items to be considered by the Police Jury on June 2^nd, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.

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.

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

Motion was made by Mrs. Griffin, seconded by Mr. Moon and carried unanimously that the Public Works Committee Report dated May 26, 2005, and all recommendations contained therein, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

May 26, 2005

______________________________________

A meeting of the Public Works Committee was held on Thursday, May 26, 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, Mr. Cornie Moon, and Mr. Tony Stelly

Absent: President Hal McMillin

Said Committee:

1. Received report from staff concerning regulatory authority over solicitation or “panhandling” at intersections of parish roads. The Committee recommended that Mr. McMurry, Mr. Vickers, and Mr. Smith come up with a proposed ordinance for further review by the Police Jury to curtail and/or eliminate this problem.

2. Discussed the provisions of the proposed enabling legislation for Calcasieu Parish (House Bill No. 668 by Rep. Kleckley) relative to the demolition, removal, replacement, repair, and maintenance of any community or individual sewerage system situated in the parish, which endangers the public welfare or safety. (Mr. Guillory) Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Committee in opposition to HB 668 and Police Jury Ordinance No. 4555, stating that (1) both would financially impact the daily lives of people in the way of fines, fees, liens, interest, etc., and many people were not aware of this; (2) there had been no public hearings on the ordinance or the house bill; (3) the public would be forced to deal with a “sewer industry monopoly”; and (4) the Police Jury should be a part of the solution by developing a long-range, financially doable, master sewer plan to connect most homeowners to regional sewer plants over the next 50 years and provide options to vote on for paying for the plan, as well as assistance with pump-outs and inspections to homeowners who use mechanical or septic tank systems. Mr. Atherton asked that he be notified of any future meetings when this topic would be discussed.

3. Recommended that a resolution be adopted accepting Will’s Settlement Subdivision located in Section 2, Township 9 South, Range 9 West, off of Sutherland Road in Ward One of Calcasieu Parish. (Police Jury District 1, Mr. Manuel)

4. Recommended that a resolution be adopted approving a request for a variance authorizing Matheson Tri-Gas to install an eight-inch (8") nitrogen gas pipeline within the Parish right-of-way on Old Spanish Trail and new Trousdale Road, and authorizing parish staff to negotiate the pipeline fee, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. (Police Jury District 14, Mr. McMillin, and Police Jury District 15, Mr. Danahay)

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

As a result of approval of the foregoing recommendations of the Public Works Committee Report, the following resolutions were adopted:

RESOLUTION

WHEREAS, Krause & Managan Lumber Co., Ltd subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as Will’s Settlement, a subdivision in Section 2, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana; and

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

WHEREAS, said subdivision plat was prepared by James Richard Webb, Registered Land Surveyor No. 04582-L, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on June 20, 2005, and will bear File No. 2723477.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of June, 2005, that it does hereby officially accept the plat of Will’s Settlement Subdivision in Ward One of Calcasieu Parish, Louisiana, including Williamsport Drive, Newberry Station Drive, Ithaca Drive, Tioga Drive, and County Tyrone Drive located within said subdivision, for future maintenance by the Parish.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 2^nd day of June, 2005, that it does hereby approve a request for a variance authorizing Matheson Tri-Gas to install an eight-inch (8") nitrogen gas pipeline within the Parish right-of-way on Old Spanish Trail and New Trousdale Road, and also the authorize parish staff to negotiate the pipeline fee.

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.

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

President McMillin advised that someone had made a request to appear before the Police Jury with reference to Recommendation No. Two of the Public Works Committee as stated heretofore.

Mr. Charlie Atherton, 122 Vine Street, Sulphur, thanked the members of the Jury for their patience and tolerance in allowing the public to offer comments on this matter. He stated that he was once again asking that the Jury consider being a part of the solution to parish wide sewer problems in the unincorporated areas of the Parish by assisting the homeowners and by assisting the sewer industry.

Mr. Atherton stated that it had been reported that there were over 20,000 sewer systems in the unincorporated areas of the Parish and supposedly 15,000 systems needed to be pumped out. He advised that the pump out of these 15,000 systems could cost the homeowners between $4 million and $12 million to come into compliance.

Mr. Atherton pointed out that to help put the financial impact of this situation in perspective, the Parish spent approximately $3.1 million in 2004 to pick up and dispose of solid waste and of that total $2 million was spent to pick it up, and $1.1 million was spent to dispose of it.

Mr. Atherton stated that a part of the problem with the sewer industry was that there was no level playing field for sewer businesses to dispose of the sewer effluent and sludge that was pumped out of the homeowners’ sewer systems, and further, the part of the industry that actually did the pumping out of sewer systems was not meaningfully regulated, monitored, or controlled.

He asked that the Police Jury be a part of the solution to the parish wide sewer problem by going into joint services agreements with the municipalities to negotiate reasonable sewer effluent disposal rates to allow anyone that was licensed by the State to do this work to be able to dispose of sewer effluent at the regional or municipal sewer plants.

Mr. Atherton also asked that the Jury begin to consider how to regulate the people that actually pumped out the sewer systems so that the homeowner would know exactly the quality of the service to expect and who to call if the service was not responsibly rendered or the cost too high.

Motion was made by Mr. Manuel and seconded by Mr. Collins to take Mr. Atherton’s suggestions under consideration.

Mr. McMurry recommended that Mr. Atherton’s suggestions, as well as others, be referred to the Wastewater Committee, of which Mr. Andrepont was Chairman.

Mr. Manuel incorporated Mr. McMurry’s recommendation into his motion, and Mr. Collins accepted the amendment.

Mr. Andrepont pointed out that Mr. Atherton had made some good points but that he was way ahead of the Jury. Mr. Andrepont advised that the contract with the engineering firm for the wastewater study had not yet been signed but once that happened, he intended to call meetings to talk about ideas such as those presented by Mr. Atherton on this date.

A vote was taken on the motion on the floor, which was to refer Mr. Atherton’s suggestions to the Wastewater Committee, and said motion carried unanimously.

Following a brief report by Mr. Clement, Chairman of the Budget Committee, motion was made by Mr. Guillory, seconded by Mr. Collins and carried unanimously that the Budget Committee Report dated June 2, 2005, and all recommendations contained therein, be approved as follows:

BUDGET COMMITTEE REPORT

June 2, 2005

______________________________

A meeting of the Budget Committee was held at 5:00 p.m. on Thursday, June 2, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Brent Clement, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, Charles S. Mackey, D.D.S., and President Hal McMillin, Ex-Officio

Absent: None

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

Said Committee:

(1) Recommended approval of the following Cooperative Endeavor and funding requests from 2004 Delta Downs Slots Revenue allocated to various wards:

(1.1) Ward Six - $16,000 to the City of DeQuincy to complete the Gordon Street Drainage Project, and further, approving a Cooperative Endeavor Agreement between the Police Jury and the City, and authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto;

(1.2) Ward Six - not exceeding $60,000 to the City of DeQuincy for the refurbishment of regulatory signage within the City of DeQuincy, and further, approving a Cooperative Endeavor Agreement between the Police Jury and the City, and authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto; and

(1.3) Ward Six - $22,000 to the City of DeQuincy for the improvements to the parking lot adjacent to DeQuincy High School’s baseball and softball fields, and further, approving a Cooperative Endeavor Agreement between the Police Jury and the City, and authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. (Note: The City of DeQuincy owns this property, but it is utilized by the Calcasieu Parish School Board. The City of DeQuincy took bids for these improvements, and the lowest bid was $44,225. The Calcasieu Parish School Board will be paying for one-half of the costs of these improvements.)

(2) Recommended approval of a request from Recreation District No. One of Ward Eight for a six-month extension to complete the walking path project at Partner Park so as to allow time for the completion of the ball fields before the walking path is completed. (Note: On April 18, 2002, the Police Jury approved a grant in the amount of $25,000 for the purchase of playground equipment at White Oak Park, and on November 21, 2002, the Police Jury approved a request from the Recreation District to change the project from the playground equipment to the walking path. The amount remaining unspent on said grant is $9,917.71.)

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

Motion was made by Dr. Mackey and seconded by Mrs. Griffin that the Planning Staff’s recommendation be approved and that action be deferred until the Regular Meeting on June 23, 2005, relative to adopting a resolution indicating objection/no objection to the following proposed project in Calcasieu Parish: Proposal of Terrell Heard to clear, grade, excavate, and deposit approximately 41,544 cubic yards of native earthen fill and 9,930 cubic yards of hauled-in limestone aggregate fill for construction of the Pecan Acres Subdivision, consisting of 217 home site foundations, access roads, utilities, and other infrastructure associated with project development, located off of Pecan Acres Drive in Lake Charles.

Mr. Landry asked why the staff had recommended deferral, and Mr. Vickers advised that there were some issues that needed to be worked out with the developers of the subdivision with regard to drainage. He further advised that a letter had been received from Gravity Drainage District No. Four of Ward Three and that there was some concern about a parking lot at Pecan Acres Subdivision which had experienced some flooding. Mr. Vickers stated that this was located off the south side of Country Club Road and was an undeveloped tract of property, a portion of which was inside the city limits of Lake Charles and a portion in the Parish.

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

Upon motion made by Dr. Mackey, which was duly seconded by Mrs. Griffin, the following resolutions were adopted:

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Brian L. Michel to clear, grade, and place approximately 2,200 cubic yards of clay and sand as necessary for a single family residence, boathouse, wharf and two 200 foot bulkheads along the north and south sides of the property. Project implementation would directly impact .71 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 Brian L. Michel 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 2^nd day of June, 2005, that it does hereby indicate no objection to the proposal of Brian L. Michel to clear, grade, and place approximately 2,200 cubic yards of clay and sand as necessary for a single family residence, boathouse, wharf and two 200 foot bulkheads along the north and south sides of the property. Project implementation would directly impact .71 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.

BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.

THUS PASSED AND ADOPTED on the date above inscribed.

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RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by ConocoPhillips Company to dredge and remove approximately 2,675 cubic yards of waterbottom sediment, as necessary, to provide adequate water depth for marine vessels to access existing dock facilities. The excavated material will be deposited within an established dredged material disposal area on Clooney Island. Said project is located in the Calcasieu River, left descending bank, Sec. 35, T9S-R9W, near Westlake, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of ConocoPhillips Company 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 2^nd day of June, 2005, that it does hereby indicate no objection to the proposal of ConocoPhillips Company to dredge and remove approximately 2,675 cubic yards of waterbottom sediment, as necessary, to provide adequate water depth for marine vessels to access existing dock facilities. The excavated material will be deposited within an established dredged material disposal area on Clooney Island. Said project is located in the Calcasieu River, left descending bank, Sec. 35, T9S-R9W, near Westlake, 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, 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.

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

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 James Corporation to clear and grub a 22.2-acre tract, deposit 8,000 cubic yards of earthen material, 10,000 cubic yards of limestone aggregate and 3,000 cubic yards of soil cement, and perform grading operations to provide surface contours integral to the construction of access roads, asphalt mixing facility, aggregate storage area and concrete crushing storage area, all to provide a work/staging area necessary to facilitate widening and resurfacing a segment of Interstate Highway 10. Project implementation would impact approximately 5.2 acres of jurisdictional wetlands. Said project is located on the Northwest quadrant between the intersection of Bayou D’Inde Pass Road and Hafer Road, near Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of James Corporation 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 2^nd day of June, 2005, that it does hereby indicate no objection to the proposal of James Corporation to clear and grub a 22.2-acre tract, deposit 8,000 cubic yards of earthen material, 10,000 cubic yards of limestone aggregate and 3,000 cubic yards of soil cement, and perform grading operations to provide surface contours integral to the construction of access roads, asphalt mixing facility, aggregate storage area and concrete crushing storage area, all to provide a work/staging area necessary to facilitate widening and resurfacing a segment of Interstate Highway 10. Project implementation would impact approximately 5.2 acres of jurisdictional wetlands. Said project is located on the Northwest quadrant between the intersection of Bayou D’Inde Pass Road and Hafer Road, near Lake Charles, in Calcasieu Parish, Louisiana.

BE IT FURTHER RESOLVED that the work was completed prior to obtaining a Department of the Army permit and was in violation of Section 301 of the Clean Water Act. All legal issues concerning the unauthorized work have since been deferred. 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.

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

It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously to approve the recommendations of the Director of the Division of Planning and Development in reference to the Surplus Adjudicated Property Sale conducted on May 24, 2005, on the following cases, and to adopt an ordinance with respect to each piece of property where applicable:

AP03-177-04 (Brooks Street - vacant lot) (Police Jury District 3)

The Director of Planning and Development recommends that the highest offer in the amount of $5,500.00 by Mr. Anthony B. Caligane be accepted.

AP03-179-04 (Brooks Street - vacant lot) (Police Jury District 3)

The Director of Planning and Development recommends that the highest offer in the amount of $4,500.00 by Mr. Anthony B. Caligane be accepted.

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

The Director of Planning and Development recommends that the highest offer in the amount of $650.00 by Mr. James Guillory be accepted.

AP03-221-05 (N. Prater Street - vacant lot) (Police Jury District 2)

The Director of Planning and Development recommends that the highest offer in the amount of $5,100.00 by Mr. Robert Colston, Jr. be accepted.

AP04-223-05 (Perkins Road - vacant lot) (Police Jury District 14)

The Director of Planning and Development recommends that the highest offer in the amount of $2,400.00 by Mr. Elias Cormier, Jr. be accepted.

AP01-222-05 (1463 W. Pine Meadows Drive) (Police Jury District 2)

No action necessary, withdrawn to due incorrect legal description.

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

ORDINANCE NO. 4923

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 5 Blk 1 Stone Sub of Lot 7 and W 2 Acs of Lot 9 Sam Mansfield Sub; (AP03-177-04; Tax Assessment No. 442275); 2000 Block of Brooks Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Anthony B. Caligane, his designated agent, or assignee for the consideration of $5,500.00 (five 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: Lot 5 Blk 1 Stone Sub of Lot 7 and W 2 Acs of Lot 9 Sam Mansfield Sub; (AP03-177-04; Tax Assessment No. 442275); 2000 Block of Brooks 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. Anthony B. Caligane, to purchase said property for the consideration of $5,500.00 (five 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

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. Anthony B. Caligane, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 2^nd day of June, 2005, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Lot 5 Blk 1 Stone Sub of Lot 7 and W 2 Acs of Lot 9 Sam Mansfield Sub; (AP03-177-04; Tax Assessment No. 442275); 2000 Block of Brooks 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. Anthony B. Caligane, his designated agent, or assignee for and in consideration of $5,500.00 (five 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:

(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 2^nd day of June, 2005.

/s/ Hal McMillin, President /s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4924

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 4 Blk 1 Stone Sub of Lot 7 and W 2 Acs of Lot 9 Sam Mansfield Sub; (AP03-179-04; Tax Assessment No. 442313); 2000 Block of Brooks Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Anthony B. Caligane, his designated agent, or assignee for the consideration of $4,500.00 (four 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: Lot 4 Blk 1 Stone Sub of Lot 7 and W 2 Acs of Lot 9 Sam Mansfield Sub; (AP03-179-04; Tax Assessment No. 442313); 2000 Block of Brooks 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. Anthony B. Caligane, to purchase said property for the consideration of $4,500.00 (four 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: Lot 4 Blk 1 Stone Sub of Lot 7 and W 2 Acs of Lot 9 Sam Mansfield Sub; (AP03-179-04; Tax Assessment No. 442313); 2000 Block of Brooks 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. Anthony B. Caligane, his designated agent, or assignee for and in consideration of $4,500.00 (four 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:

(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 2^nd day of June, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 4925

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 8 Blk 2 Broad Sub of H and R Sub; (AP03-211-05; Tax Assessment No. 562025.01); 700 Block of VE Washington Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. James Guillory, his designated agent, or assignee for the consideration of $650.00 (six hundred fifty 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: Lot 8 Blk 2 Broad Sub of H and R Sub; (AP03-211-05; Tax Assessment No. 562025.01); 700 Block of VE Washington 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. James Guillory, to purchase said property for the consideration of $650.00 (six hundred fifty 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: Lot 8 Blk 2 Broad Sub of H and R Sub; (AP03-211-05; Tax Assessment No. 562025.01); 700 Block of VE Washington 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. James Guillory, his designated agent, or assignee for and in consideration of $650.00 (six hundred fifty 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 2^nd day of June, 2005.

/s/ Hal McMillin, President /s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 4926

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 43 Blk 2 Sherman Sub; (AP03-221-05; Tax Assessment No. 403288); 1100 Block of North Prater Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Robert Colston, Jr., his designated agent, or assignee for the consideration of $5,100.00 (five thousand one 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: Lot 43 Blk 2 Sherman Sub; (AP03-221-05; Tax Assessment No. 403288); 1100 Block of North Prater 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. Robert Colston, Jr., to purchase said property for the consideration of $5,100.00 (five thousand one 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

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. Robert Colston, Jr., for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Lot 43 Blk 2 Sherman Sub; (AP03-221-05; Tax Assessment No. 403288); 1100 Block of North Prater Street - vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2.</