December 15, 2005

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, December 15, 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 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 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; Mr. Jim Vickers, Director of Planning and Development; and Mr. Gerry Trahan, Director of Facilities Management.

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 asked The Honorable David Ritchie, Judge of the Fourteenth Judicial District, to administer the oath of office to Mr. Guy Brame, the newly-elected member of the Police Jury representing District 8, following which Mr. Brame expressed his appreciation to the residents of District 8. He stated that he would support them in their issues and do the best job he could in representing them. Mr. Brame also stated that he looked forward to working with the jurors and staff and that it was an honor to have been elected.

President McMillin recognized Mr. Bob Dewey from Congressman Charles Boustany’s office as being present at the meeting on this date, as well as the newly-elected Calcasieu Parish District Attorney, Mr. John DeRosier.

President McMillin advised that bids would be received and opened at this time, and appropriate action taken thereon, as advertised in accordance with law for action to be taken at 5:30 p.m., for Shore Protection and Fishing Pier at Calcasieu Point Boat Launch.

Mr. McMurry then proceeded to open the following bid:

Bidder Base Bid Alt. No. 1 Base + Alt.

F. Miller and Sons $380,000.00 +$270,000 $650,000.00

There being no other bids submitted, motion was made by Mr. Landry, seconded by Mr. Clement and carried unanimously that the bid be referred to the Parish Engineer for final tabulation, with further action to be taken by the Police Jury at its Regular Meeting on January 5, 2006.

President McMillin advised that bids would be received and opened at this time, and appropriate action taken thereon, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2005-06 (Installation of Side Drain Safety End Treatment on Various Roads in Calcasieu Parish).

Mr. McMurry then proceeded to open the following bids:

Bidder Bid Amount

Bessette Development $455,320.00

Civil Construction & Environmental Services, Inc. $632,548.00

McManus Construction, Inc. $485,862.00

Prairie Contractors, Inc. $431,242.00

There being no other bids submitted, motion was made by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously that the bids be referred to the Parish Engineer for final tabulation, with further action to be taken by the Police Jury at its Regular Meeting on January 5, 2006.

At this time, the Jesse D. Clifton Elementary School Choir, the Eagle Chorus, performed a medley of songs, led by Mrs. Annie Douglas, Choir Director. A round of applause followed, and the jurors thanked the choir for their performance.

A plaque was then presented to Ms. Laura Lanza, Regional Outreach Manager of the American Society for the Prevention of Cruelty to Animals (ASPCA) for the recent donation of $150,000 from the Society’s Disaster Relief Fund, as well as the donation of an adoption van valued at approximately $115,000, to the Calcasieu Parish Department of Animal Services and Adoption Center, to aid in the Parish’s recovery from Hurricanes Katrina and Rita.

Mr. Allen Wainwright, Public Works Operations Manager, expressed his appreciation for these donations, pointing out that it would enable the Parish to be even better prepared for the next hurricane.

Mrs. Lanza thanked the jurors for this recognition and stated that the ASPCA had been very excited to donate money throughout the areas affected by the hurricanes. She also stated that Calcasieu Parish served as a shining example throughout the nation of an effective Animal Services program.

President McMillin advised that a report would be received at this time from Mr. Peter Naveskey, a representative of the U. S. Army Corps of Engineers (the “Corps”), 2424 Third Street (temporary address - Office of Community Services location), Lake Charles, with reference to debris removal in Calcasieu Parish. Mr. Navesky stated that the original estimate of debris in the Parish was 5.3 million cubic yards and based on the work to-date, as well as what remained to be picked up, he estimated that the Corps was approximately 80% complete. Mr. Navesky also stated that the areas determined to be heavy and medium densities had been picked up at least once and while the contractor was originally picking up approximately 80,000 cubic yards per day, the current average was approximately 30-35,000 cubic yards per day.

Mr. Naveskey advised that he was working with Mr. Allen Wainwright, Public Works Operations Manager, in working out the series of passes that would collectively become the “last pass” which he hoped to begin soon after January 1, 2006.

Mr. Landry stated that there were areas in his district where people could not fit all of their debris on the right-of-way and asked what happened in these instances where it had already been picked up from the right-of-way but anything stacked adjacent to the right-of-way was not picked up. Mr. Naveskey acknowledged that there had been safety issues “early on” regarding “contiguous piles” insofar as equipment operating too close to power lines, as well as equipment limitations which prevented the operators from getting closer to the debris. Mr. Naveskey stated that FEMA’s directive to the Corps had been to pick the debris up if it was obvious that it was a contiguous pile, and the property owner simply ran out of room, and if it was within the limitations of the equipment.

Mr. Naveskey pointed out that one of the problems the Corps was trying to deal with was property owners who were unable to move the debris to the right-of-way which delved into a whole new realm of the law.

Mr. Naveskey stated that with respect to Mr. Landry’s question, he was not sure what to tell the jurors with respect to some of these specific situations. Mr. Landry asked if there was someone at the meeting on this date representing FEMA who could answer his question, and Mr. Gary Love, 6033 Covington Drive, Baton Rouge, appeared before the Police Jury and stated that FEMA regulations did not allow them to do work on private property but that he had met with Mr. Gremillion who was sending in a request to authorize the Parish to do such work. Mr. Love pointed out that this had been done in Cameron and Vermillion parishes, and while he could not guarantee the outcome of Mr. Gremillion’s request, he felt there was a good chance it would be granted in Calcasieu Parish.

Mr. McMurry pointed out that there was an item on the agenda for the meeting on this date for the Police Jury to adopt a resolution requesting approval from FEMA for the Parish to invoke the provisions of FEMA Recovery Division Policy #9523.13 relating to debris removal from private property at eligible locations within the Parish. Mr. McMurry advised that this action would not be a blanket right-of-entry as was being done in Cameron Parish but would apply to instances where safety issues were involved.

In answer to a question by Mr. Guillory, Mr. Naveskey stated that a “task order” for removal of stumps and large trees should soon be in place, and he anticipated a “go ahead” within the next 24 hours.

Mr. McMurry stated that the Parish had been told repeatedly by Mr. Earl Groves of the Corps and Mr. David Parks of FEMA that the Corps would continue to pick up debris for as long as it took to complete the job, and that the federal government would pay for 100% of the cost, however, he had just heard a “nasty rumor” that that might not be the case and that the cut-off date would be in mid-January, 2006.

Mr. Naveskey stated that Governor Blanco and other Louisiana politicians were currently in Washington to address this issue. He further stated that what FEMA was telling the Corps, which was based on President Bush’s disaster declaration, was that if work was not completed but still ongoing at midnight on January 15, 2006, the entire work package associated with that reverted to the 90%-10% cost sharing arrangement. Mr. Naveskey stated that this was their interpretation of the President’s amendment which had extended the disaster declaration to January 15, 2006.

President McMillin advised that this had been one of the Parish’s problems since the hurricane had hit, and he asked how the Corps and FEMA could make statements which became part of the public record, and then do something else (not in line with those statements).

Mr. Naveskey stated that he was “floored” by the news, and it had been the Corp’s interpretation for a long time that anything under contract prior to January 15, 2006, even though the work might continue beyond that date, was covered by the 100% federal reimbursement. He further stated that it was also the Corp’s understanding that whatever additional work that might be needed and contracted after the January 15^th deadline would possibly be subject to the 90%-10% cost share. Mr. Naveskey reiterated that the Corp’s most recent understanding as told to them by their FEMA representatives was that if any work continued past the January 15^th deadline, the entire contract would retroactively to “day one” revert to the 90%-10% cost sharing arrangement.

President McMillin asked who was responsible for changing the rules, and Mr. Naveskey stated that he had not seen anything in writing to back up what he was telling the Police Jury, however, in one of the amendments which extended the 100% federal reimbursement to January 15, 2006, there was some language associated with the 90%-10% split.

In answer to a question by Mr. Landry, Mr. McMurry advised that the Police Jury had taken action to contract with the Corps of Engineers for clean-up associated with Hurricane Rita, however, it had not been a written contract. Mr. McMurry further advised that the Parish had followed the guidelines for this type of service during a presidentially-declared emergency. Mr. McMurry pointed out that what the Police Jury was being told on this date was definitely a significant change in interpretation of the guidelines from what the Police Jury was told by the federal government – the Corps and FEMA.

Mr. McMurry suggested that the Police Jury work through its congressional delegation to obtain an interpretation that did not end in results as outlined by Mr. Naveskey. He pointed out that if that was the final word, the Police Jury should not allow any work after January 15, 2006, because even as well-funded as the Parish was, it could not handle that kind of payment.

Mr. Manuel asked if a verbal agreement did not constitute a contract, to which Mr. McMurry responded that it usually did but that the federal government had a very broad amount of authority.

In answer to another question by Mr. Manuel, Mr. Naveskey stated that the Corps would begin picking up tree stumps probably within the next 36-48 hours assuming a favorable agreement was reached on the cost sharing.

Mr. Brame reported a situation in his district where FEMA had disallowed pick-up of debris because it was stacked under some high lines (power lines). Mr. Naveskey advised that earlier on, there had been issues regarding high lines which had typically been found to be cable television or telephone lines but that those issues had been resolved, and the contractor was released to perform work under those high lines. He pointed out that the Corps was currently concentrating on the areas with heavy debris and was working with the Public Works Department to establish final routes to start work on after January 1, 2006, however, he asked the jurors to call with any specific concerns or problems such as the one alluded to by Mr. Brame, particularly if there was a drainage problem being created by the debris.

In response to a request for clarification from Mr. Stelly, Mr. Naveskey explained that the initial federal declaration (of emergency) set certain time frames for certain cost sharing percentages, however, “as time marched on” after Hurricane Rita, there were amendments to the federal disaster declaration to extend some of those cost-sharing percentages, and one of the amendments extended the 100% federal reimbursement to January 15, 2006, as opposed to the original cut-off of November 24, 2005, and apparently somewhere in that amendment was the language requiring the 90%-10% cost share to revert back to “day one” as of January 15, 2006.

Mr. Stelly stated that he did not see how that matched up to the promises made earlier by FEMA and the Corps that they would stay until the debris was all gone, and he asked how much this could end up costing the Parish. Mr. McMurry stated that it would be bad enough for the Parish to have to pay 10% of the cost after January 15, 2006, but to retroactively calculate that “from day one” would be exhorbitant.

Mr. Stelly asked if the agreement reached earlier between the Police Jury and the federal government now meant nothing, to which Mr. McMurry responded that there were a whole bunch of people who had still not received $2,000 in expedited assistance from FEMA, as promised. Mr. McMurry also stated that it was with great clarity that the Parish understood that the cost of the project, until finished, would be reimbursed 100% by the federal government, not through January 15, 2006, but as long as it took to get the debris picked up. Mr. McMurry again suggested that the Police Jury ask for assistance and clarification of this matter from the Calcasieu Congressional Delegation.

In answer to a question by Mr. Stelly, Mr. Smith stated that a verbal contract was binding under Louisiana law, however, there seemed to be confusion as to what the provisions of the contract were, as well as confusion surrounding modifications to those provisions.

Mr. Guidry asked if the cost to the Parish under a 90%-10% cost share would be in the millions of dollars. Mr. Naveskey explained that the initial FEMA mission assignment for debris removal associated with Hurricane Rita (including other parishes affected by the storm) was $500 million and that there was currently a request for an additional $113 million to continue the ongoing removal operations for newly identified debris (private property).

Discussion on the matter continued, and motion was then made by Mrs. Treme and seconded by Mr. Manuel that a resolution be adopted asking the Calcasieu Congressional Delegation to obtain absolute clarification on this issue, with a report to be given at the January 5, 2006, meeting of the Police Jury, at which time the Jury could take whatever action was necessary.

Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Police Jury and stated that the City of Sulphur was very aggressively pursuing clean-up of private property by getting property owners to sign rights-of-entry forms, and he stated he did not see why the Police Jury could not pursue the same course of action.

Mr. Manuel pointed out that the municipalities of Westlake and Sulphur had not contracted through the Corps, and it was not certain that their costs of debris removal would be reimbursable.

A vote was taken on the motion on the floor, and said motion 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 15^th day of December, 2005, that it does hereby respectfully request the Calcasieu Congressional Delegation to obtain absolute clarification on whether there has been a change by the federal government with respect to the reimbursement policies for debris removal in Calcasieu Parish which was necessitated by Hurricane Rita, wherein the Police Jury’s ongoing understanding and directive from the federal government has been that 100% of the costs associated with such debris removal under the Police Jury’s contract with the U. S. Army Corps of Engineers would apply to all work performed by the Corps until the deadline of January 15, 2006, after which the funding arrangement would revert to a 90% federal/10% local basis.

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to all members of the Calcasieu Congressional Delegation for information and assistance in clarifying this issue.

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

(On December 16, 2005, the day after the Police Jury meeting where the above resolution was adopted, word was received from the Calcasieu Congressional Delegation, before the resolution was forwarded to the Delegation, that the information provided at the meeting regarding the changes in the reimbursement policies with regard to debris removal was incorrect, therefore, it was determined that sending the resolution to the Delegation was no longer needed.)

It was moved by Dr. Mackey, seconded by Mrs. Griffin and carried, with Mr. Manuel voting in opposition, to approve the following applications for liquor and beer permits:

WARD I

KLKK, LLC

Kent McConkey - Member

MOSS BLUF U-PAK-IT

615 Sam Houston Jones Parkway

Lake Charles, LA 70611 Liquor - Pkg. - ‘2006 50.00

(Don Manuel’s District) Beer - Pkg. - ‘2006 31.25

Market Basket Stores, Inc.

Skylar Thompson - Pres.

MARKET BASKET #27

362 Sam Houston Jones Parkway

Lake Charles, LA 70611 Beer - Pkg. - ‘2006 25.00

(Don Manuel’s District)

WARD III

Hubert Wayne Ezell d/b/a

R-BAR

2082 Pujol Road

Lake Charles, LA 70615 Liquor & Beer - ‘2005 135.00

(Calvin Collins’ District) Liquor & Beer - ‘2006 135.00

Pine Shadows Golf Course, Inc.

Ronald Rider - Pres.

PINE SHADOWS GOLF COURSE

750 Goodman Road

Lake Charles, LA 70601 Liquor & Beer - ‘2006 168.75

(Calvin Collins’ District)

WARD IV

St. Charles Gaming Co., Inc.

Joey LaLonde - Finance Director

ISLE OF CAPRI CASINO (GRAND VESSEL)

100 Westlake Avenue

Westlake, LA 70669 Liquor & Beer - ‘2006 135.00

(Hal McMillin’s District)

Grand Palais Riverboat, Inc.

Joey LaLonde - Finance Director

ISLE OF CAPRI (CROWN VESSEL)

100 Westlake Avenue

Westlake, LA 70669 Liquor & Beer - ‘2006 135.00

(Hal McMillin’s District)

St. Charles Gaming Co., Inc.

Joey LaLonde - Finance Director

ISLE OF CAPRI (PAVILION)

100 Westlake Avenue

Westlake, LA 70669 Liquor & Beer - ‘2006 135.00

(Hal McMillin’s District)

WARD VII

Circle A Mini Mart, Inc.

Kia Huynh - Pres.

CIRCLE A MINI MART #2

1869 Hwy 109 South

Vinton, LA 70668 Liquor & Beer - Pkg - ‘2006 93.75

(Brent Clement’s District)

Delta Town Truck Stop & Motel, LLC

John Joshy - Member

DELTA TOWN TRUCK STOP C-STORE

2470-A Toomey Road

Vinton, LA 70668 Liquor & Beer - Pkg - ‘2006 93.75

(Brent Clement’s District)

WARD VIII

Philip J. Glorioso, Jr. d/b/a

JRT QUICK STOP

2679 Hwy 397

Lake Charles, LA 70615 Liquor & Beer - Pkg - ‘2006 93.75

(Tony Stelly’s District)

Philip J. Glorioso, Jr. d/b/a

JRT’S QUICK STOP (CAFÉ)

2679-B Hwy 397

Lake Charles, LA 70615 Beer - ‘2006 43.75

(Tony Stelly’s District)

TOTAL REMITTANCE: 1,275.00

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Upon motion made by Mr. Stelly, which was duly seconded by Mr. Moon and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated November 17, 2005, were approved, and the reading of same was dispensed with.

President McMillin advised that action was needed on RZ03-045-05 which was a request by Joseph J. Miller to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (replacing a house with a manufactured home) at 3223 West Lincoln Road in Ward Three, Police Jury District 8 (Mr. Brame’s district). President McMillin further advised that the Planning and Zoning Board had met on Tuesday, December 13, 2005, and voted unanimously to recommend that the request be granted.

Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ03-045-05 and that the request to rezone be granted; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5004

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Joseph J. Miller to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (replacing a house with a manufactured home) on the property described as: West 362.5 feet of NE/4 of NW/4 of S15, T11S, R9W.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 15^th day of December, 2005, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Three of this parish:

From I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (replacing a house with a manufactured home) on the property described as: West 362.5 feet of NE/4 of NW/4 of S15, T11S, R9W.

Zoning Case RZ03-045-05

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

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

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President McMillin advised that action was needed on RZ08-044-05 which was a request by Rodney Duhon to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (manufactured home) at the intersection of Joe Spears Road and Clement Road in Ward Eight, Police Jury District 10 (Mr. Stelly’s district). President McMillin further advised that the Planning and Zoning Board had met on Tuesday, December 13, 2005, and voted unanimously to recommend that the request be granted.

It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ08-044-05 and to grant the request to rezone; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5005

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Rodney Duhon to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (manufactured home) on the property described as: Com at a point 206.00 feet N of the NE cor of Lot 13 of Ferndell Subdivision, Part “8”; thence N 89 degs 32’ 24” W 200.00 feet; thence N 00 degs 11’ 45” W, 200.78 feet; thence S 78 degs 37’ 06” E, 201.67 feet; thence S 00 degs 11’ 45” E 168.61 feet to the poc, also known as Tract 3, less and except the S 6.00 feet.

From I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development (manufactured home) on the property described as: Com at a point 206.00 feet N of the NE cor of Lot 13 of Ferndell Subdivision, Part “8”; thence N 89 degs 32’ 24” W 200.00 feet; thence N 00 degs 11’ 45” W, 200.78 feet; thence S 78 degs 37’ 06” E, 201.67 feet; thence S 00 degs 11’ 45” E 168.61 feet to the poc, also known as Tract 3, less and except the S 6.00 feet.

Zoning Case RZ08-044-05

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

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President McMillin advised that no action was needed on RZ07-043-05 which was a request by Guido Hanak to rezone from I-1 (Light Industrial), C-3 (Central Business Commercial), and A-1 (Agricultural) to C-2 (General Commercial) to allow an RV Park (255 units) with commercial development on Mott Road in Ward Seven, Police Jury District 12 (Mr. Clement’s district), due to the fact that the request had been withdrawn prior to the Planning and Zoning Board meeting.

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

RESOLUTION

WHEREAS, Executive Order #2005-02 dated October 1, 2005, was executed by President McMillin and subsequently ratified by the Police Jury on October 11, 2005, and extended by the Police Jury for an additional sixty days on October 20, 2005, which established a policy prohibiting all individuals or companies who did not possess a current occupational license issued by a governmental entity within Calcasieu Parish from performing such services without first obtaining a Temporary Work Permit.

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 15^th day of December, 2005, that Executive Order #2005-02 is hereby extended for at least 90 days, the timeframe for which shall be determined by the Director of the Division of Planning and Development in accordance with an ongoing assessment of need for continuation of the program.

THUS DONE AND PASSED on the date above inscribed.

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

President McMillin advised that a report would be received at this time from the Division of Planning and Development concerning flood maps and substantial damage to buildings in Calcasieu Parish.

Mrs. Pam Mattingly of the Division of Planning and Development appeared before the Police Jury and explained that the Parish participated in the National Flood Insurance Program and that flood maps were an integral tool in administering this program. Mrs. Mattingly stated that after Hurricane Rita, new advisory maps were prepared, and the Parish would be receiving these new maps in the next thirty to forty-five days. She pointed out that all elevations would be one foot higher than what they currently were due to the fact that over the past ten years, the State had been sinking about one inch per year.

Mrs. Mattingly also stated that all of the Parish’s benchmarks had been re-evaluated and while the Parish previously had 80 benchmarks to determine elevations, there would now only be five benchmarks, which would substantially increase the cost of a survey. She pointed out that all five of the benchmarks were south of Interstate-10 and proposed that the Police Jury assist the surveyors by getting more information to them.

Mr. Oneil Hebert of the Parish’s GIS/IS Department appeared before the Police Jury to elaborate on Mrs. Mattingly’s suggestion. He stated that he had been working with Mr. Allen Wainwright, Public Works Operations Manager, in setting up a GPS (global positioning system) which could be used in conjunction with the upcoming drainage study. Mr. Hebert further stated that the equipment was an investment of approximately $55,000 but would enable the Parish survey crews to re-establish different elevations, and this information could then be given to the surveyors doing business in the Parish in an effort to help curtail the increase in cost to the property owner. Mr. Hebert pointed out that he had talked with representatives of NGS (National Geodetic Survey) and other groups and while NGS would not accept the re-established elevations as benchmarks, they would authorize their use if the Parish approved them.

Mr. Hebert stated that not only would this help the citizens of the Parish, but also the surveying firms performing work in the Parish. He pointed out that without this effort, the cost of a typical elevation survey could rise from $200 to $1,000.

Mr. Wainwright pointed out that with the new technology alluded to by Mr. Hebert, the Parish could set temporary benchmarks in areas which needed them and could get the information to the surveyors so that the homeowners could obtain a survey at a reasonable price.

Mr. Clement asked what the time frame for implementation of the new flood maps would be, to which Mrs. Mattingly stated that after the Planning and Development staff received the maps, the Police Jury could then adopt them. Mr. Clement then asked what the consequences were if the Police Jury did not adopt them, to which Mrs. Mattingly responded that she was not certain. Mr. Landry stated that it would probably adversely affect flood insurance premiums.

Mrs. Mattingly stated that the next topic she wished to address dealt with special flood hazard areas which covered about one-third of the Parish. She showed a map depicting all of the areas that flooded during Hurricane Rita – the southern portion of the Parish and along the rivers and bayous. Mrs. Mattingly stated that because of all the damage from the storm, one of the Parish’s responsibilities was to assess damages so that regulations could be enforced. She further stated that the staff had requested FEMA to inspect properties to determine whether they were considered to be substantially damaged or not. Mrs. Mattingly explained that if a building was substantially damaged by the hurricane, the repairs would have to meet new building requirements enacted by the State which could be very costly, particularly in the case of older homes which were built before the new building codes were implemented.

Mrs. Mattingly advised that people who had flood insurance and experienced flooding from the hurricane were eligible for up to $30,000 in flood insurance, but each homeowner would be required to produce a letter from the government indicating the structure had received substantial damage, or damage which exceeded 50% of the fair market value of the structure.

Mrs. Mattingly pointed out that the Parish would continue to apply for mitigation grants through FEMA to help elevate houses which had flooded or to buy out the owners of such houses.

In answer to a question by Mr. Stelly, Mrs. Mattingly stated that if a permit had already been issued for a house to be rebuilt, or for new construction, the new elevations would not apply to those permits, however, the flood insurance premiums might go up for those structures.

Motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the report as presented on this date by Mrs. Pam Mattingly of the Division of Planning and Development concerning flood maps and substantial damage to buildings in Calcasieu Parish be received.

President McMillin advised that a report would be received at this time from the Division of Planning and Development regarding recently adopted State of Louisiana Building Code Requirements. Mr. Wes Crain, Assistant Director of Development, advised that Senate Bill 44 had recently been enacted by the Legislature in the past session regarding State building codes, and what the bill primarily did was provide for a State uniform building code. Mr. Crain stated that the bill also created a co-council to review and adopt building requirements and provided for training and education of code enforcement officials.

Mr. Crain pointed out that the legislation also provided for mandatory adoption and enforcement of wind and flood mitigation requirements in the parishes of Calcasieu, Cameron, Vermilion, Iberia, St. Tammany, Orleans, Jefferson, St. Bernard, Plaquemines, Terrebonne, and Lafourche, or the parishes that were designated as disaster areas after Hurricanes Katrina and Rita. Mr. Crain stated that the Parish was required to start enforcing the wind and flood mitigation requirements set forth in the 2003 International Building Code and the 2003 International Residential Code within ninety days of the signing of Senate Bill 44 by the Governor, which he believed had been done on November 29, 2005, and which would involve additional structural requirements when constructing a house.

Mr. Crain stated that the Parish was also required to establish a 110-mph wind speed corridor somewhere through the southwestern portion of the Parish which would require strengthening of structures – implementing the wind and flood mitigation requirements – south of that corridor. Mr. Crain advised that the staff had come up with several options of where that corridor might be, for the Police Jury to decide on at a later date.

Mr. Crain pointed out that a Task Force created in 2004 had studied the feasibility of adopting building codes in the unincorporated areas of the Parish and had recommended the adoption of the latest editions of the International Building Code, International Residential Code, International Mechanical Code, and International Gas Code, and further, to establish a Parish Building Inspection Program which would apply to all unincorporated areas of Calcasieu Parish. Mr. Crain also pointed out that the Police Jury had subsequently approved the recommendation of the Task Force and while that was still in place, and the staff was working on implementing that, the State had mandated the adoption and enforcement of the portions of the Code that dealt with wind speed.

Mr. Crain advised that the Louisiana Homebuilders Association had estimated that these new requirements could increase the cost of construction by approximately five to seven percent.

Mr. Clement asked if mobile homes would be governed by the same guidelines, and Mr. Crain stated that there was an exception in the residential code that dealt with manufactured homes insofar as strapping it to the foundation but not the actual construction of it which was covered by federal government regulations.

Mr. Clement then asked if the new requirements would apply to outbuildings, etc., and Mr. Crain stated that the bill exempted agricultural buildings and camps, however, those could not be covered under insurance.

Mr. Landry asked what the time line was for implementation of the requirements, as well as the building codes, and Mr. Crain stated that the Police Jury would need to establish where the 110-mph wind speed corridor was going to be and that the wind speed requirements were to go into effect February 29, 2006.

Mr. Vickers pointed out that another set of inspections would be necessary on the Parish’s part to facilitate the transition into enforcing the wind load requirements, and employees would need to be trained, etc., so this would be a big step in and of itself. Mr. Vickers stated that he felt the Parish needed to do a slow transition into enforcement of the building codes by enforcing the wind load requirements first and since they would be inspecting wind loads within the whole Parish, it would be an added step in the current process.

Mr. Landry stated that he understood it was a lot to take on, but to him it seemed the right time to do it, pointing out that he felt new construction should comply with the building codes. Mr. Crain advised that Mr. Landry’s suggestion made sense, but the staff would have to gear up for it, get fees established, etc.

Mr. Vickers pointed out that personnel would not only need to be trained but also certified, and the people around the State who were already certified would be in very short supply.

President McMillin stated that he had received calls from developers who thought the cost of new home construction could increase 15 - 20%. Mr. Vickers responded that he had not heard numbers that high, but there would be added expense. He pointed out that the State homebuilding officials had estimated an increase of 5 - 7%, but that would also depend on the type of construction.

Motion was made by Mrs. Griffin, seconded by Mr. Guidry and carried unanimously that the report as given by the staff on this date regarding recently adopted State of Louisiana Building Code Requirements be received.

It was moved by Mr. Stelly, seconded by Mr. Manuel and carried unanimously to authorize the Division of Planning and Development to conduct a feasibility study on the potential reclassification of properties along Clement Road in Ward Eight, Police Jury District 10 (Mr. Stelly’s district).

Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the Planning staff’s recommendation be approved and action be deferred until the Regular Meeting on January 5, 2006, relative to adopting resolutions indicating objection/no objection to the following proposed projects in Calcasieu Parish:

• Proposal of Randy Reid to clear, grub, and grade a 20-acre tract and place approximately 16,000 cubic yards of onsite graded earthen material and 4,500 cubic yards of hauled-in clay and limestone, as necessary, to construct housepads, driveways, and streets all as required to implement a 12-lot single family residential subdivision. Said project is located on the northeast of the intersection of Ham Reid and Weaver Roads in Lake Charles.

• Proposal of Harry Shaheen to clear, grub, grade, and deposit approximately 3,872 cubic yards of onsite earthen material and deposit 1,845 cubic yards of limestone aggregate all to construct a truck stop, casino, and parking area. Said project is located at the intersection of State Highway 378 and North Perkins Ferry Road in Moss Bluff.

• Proposal of Wallace Nichols to clear, grub, grade, excavate, and place 15,241 cubic yards of earthen and clay/limestone fill as necessary to construct driveways, house pads, and utilities all to create a new 47-lot single family residential subdivision and a 9.5 acre subdivision pond. Said project is located off of North Perkins Ferry Road approximately 4.2 miles north of State Highway 378 in Moss Bluff.

Upon motion made by Mr. Moon, which was duly seconded by Mr. Collins and carried unanimously, the recommendations of the Director of the Division of Planning and Development were approved with reference to the Surplus Adjudicated Property Sale conducted on December 13, 2005, on the following cases, and further, an ordinance was adopted with respect to each piece of property:

AP03-254-05 (4th Street, vacant land) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,100.00 by Mr. Damon Jerome Marks be accepted.

AP03-256-05 (Calcasieu Street, lot only) (Police Jury District 3, Mrs. Griffin)

No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.

AP03-257-05 (Colletta Street, vacant land) (Police Jury District 4, Mr. Guillory)

No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.

AP03-260-05 (Commercial Street, vacant land) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $4,300.00 by Mr. Damon Jerome Marks be accepted.

AP03-261-05 (2420 Blackwell Street, vacant land) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $4,300.00 by Mr. David Stewart be accepted.

AP03-264-05 (Ruth Street, vacant land) (Police Jury District 5, Dr. Mackey)

The Director of the Division of the Planning and Development recommends that action be deferred on this property until January’s adjudicated property meeting due to an incorrect appraisal.

AP03-265-05 (Adams Street, vacant land) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,200.00 by Mr. Charles Robert Wilkins be accepted.

AP03-270-05 (N. Moss Street, vacant land) (Police Jury District 3, Mrs. Griffin)

No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.

AP03-271-05 (N. Goss Street, vacant land) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,500.00 by Mr. Herman Rayford Stevens, Jr. be accepted.

AP03-272-05 (Hagan Street, vacant land) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,800.00 by Mr. Charles Robert Wilkins be accepted.

AP03-273-05 (Franklin Street, vacant land) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $350.00 by Mr. Charles Robert Wilkins be accepted.

AP03-275-05 (Hayes Street, vacant land) (Police Jury District 5, Dr. Mackey)

No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.

AP03-276-05 (Katherine Street, vacant land) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,900.00 by Ms. Antionette Faye Colquitt be accepted.

AP03-277-05 (Boston Street, vacant land) (Police Jury District 3, Mrs. Griffin)

No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.

AP03-278-05 (Reid Street, vacant land) (Police Jury District 3, Mrs. Griffin)

No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.

AP03-279-05 (Boston Street, vacant land) (Police Jury District 3, Mrs. Griffin)

No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.

AP03-280-05 (N. Grace Street, vacant land) (Police Jury District 12, Mr. Clement)

No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.

AP03-281-05 (N. Prater Street, vacant land) (Police Jury District 3, Mrs. Griffin)

No bids were received; therefore, the Director of the Division of Planning and Development recommends that this property be readvertised on January’s adjudicated property list.

AP03-282-05 (See Street, vacant land) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $500.00 by Ms. Sheila Harrison be accepted.

AP07-248-05 (West of Louisiana 109) (Police Jury District 12, Mr. Clement)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,000.00 by Mr. Ray Lee Gilbert be accepted.

AP08-268-05 (Hungerford Road, vacant land) (Police Jury District 10, Mr. Stelly)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,100.00 by Mr. Jerry Michael Batchelor be accepted.

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

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

ORDINANCE NO. 5006

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 32 and the W 20 ft of Lot 33 of Blk 4 and the S 30 ft of Lot 19 and the S 30 ft of the W 20 ft of Lot 20 of Blk 4, and that strip of land com at the SW Cor of Lot 32 of Blk 4, th E 70 ft along the S line of Lots 32 and 33, th S 10 ft, th W 70 ft parl to the S line of Lots 32 and 33, th N 10 ft to pt of com, being that portion of Fourth Street abnd by the City of Lake Charles, in Watkins Add E of Blvd.; (AP03-254-05; Tax Assessment No. 611069); 1200 Block of 4^th Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Damon Jerome Marks, his designated agent, or assignee for the consideration of $3,100.00 (three 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 32 and the W 20 ft of Lot 33 of Blk 4 and the S 30 ft of Lot 19 and the S 30 ft of the W 20 ft of Lot 20 of Blk 4, and that strip of land com at the SW Cor of Lot 32 of Blk 4, th E 70 ft along the S line of Lots 32 and 33, th S 10 ft, th W 70 ft parl to the S line of Lots 32 and 33, th N 10 ft to pt of com, being that portion of Fourth Street abnd by the City of Lake Charles, in Watkins Add E of Blvd.; (AP03-254-05; Tax Assessment No. 611069); 1200 Block of 4^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. Damon Jerome Marks, to purchase said property for the consideration of $3,100.00 (three 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. Damon Jerome Marks, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 15^th day of December, 2005, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Lot 32 and the W 20 ft of Lot 33 of Blk 4 and the S 30 ft of Lot 19 and the S 30 ft of the W 20 ft of Lot 20 of Blk 4, and that strip of land com at the SW Cor of Lot 32 of Blk 4, th E 70 ft along the S line of Lots 32 and 33, th S 10 ft, th W 70 ft parl to the S line of Lots 32 and 33, th N 10 ft to pt of com, being that portion of Fourth Street abnd by the City of Lake Charles, in Watkins Add E of Blvd.; (AP03-254-05; Tax Assessment No. 611069); 1200 Block of 4^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. Damon Jerome Marks, his designated agent, or assignee for and in consideration of $3,100.00 (three thousand one 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 15^th day of December, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 5007

AN ORDINANCE authorizing the Police Jury to declare the property described as: Cor Lot 6 Blk 11 K Moeling Sub N 100 ft, W 90 ft etc.; (AP03-260-05; Tax Assessment No. 564826); 1900 Block of Commercial Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Damon Jerome Marks, his designated agent, or assignee for the consideration of $4,300.00 (four 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: Cor Lot 6 Blk 11 K Moeling Sub N 100 ft, W 90 ft etc.; (AP03-260-05; Tax Assessment No. 564826); 1900 Block of Commercial 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. Damon Jerome Marks, to purchase said property for the consideration of $4,300.00 (four 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: Cor Lot 6 Blk 11 K Moeling Sub N 100 ft, W 90 ft etc.; (AP03-260-05; Tax Assessment No. 564826); 1900 Block of Commercial 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. Damon Jerome Marks, his designated agent, or assignee for and in consideration of $4,300.00 (four 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: