January 19, 2006

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, January 19, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Michael E. Danahay, President, presiding, and the following members present:

Mesdames Elizabeth Conway Griffin and Sandra J. Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, 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; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Andy Johnson of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Ms. Kathy P. Smith, Recording Secretary; Mr. Jim Vickers, Director of Planning and Development; and Mr. Gerry Trahan, Director of Facilities Management.

President Danahay 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 Danahay 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 Danahay advised that bids would be received and opened at this time for Improvements to Burton Memorial Coliseum Complex, Phase One, Renovations to Livestock Barn, and appropriate action would be taken thereon.

Mr. McMurry then proceeded to open the following bids:

Bessette Development Corporation $1,193,000.00

Charles Miller Construction Company, Inc. $1,547,547.00

Miller and Associates Development Company, Inc. $1,185,000.00

F. Miller and Sons, LLC $1,389,600.00

Priola Construction $1,102,000.00

There being no other bids, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the bids be referred to the project architect, Moss Architects, Inc., for final tabulation, with further action thereon to be taken at the Police Jury’s Regular Meeting on February 2, 2006.

President Danahay advised that bids would be received and opened at this time for Calcasieu Parish Project No. 2005-11 (Hardsurfacing of Various Roads in Calcasieu Parish, Louisiana), and appropriate action would be taken thereon.

Mr. McMurry then proceeded to open the following bids:

Bessette Development Corporation $1,420,853.30

Prairie Contractors, Inc. $1,234,748.05

McManus Construction, Inc. $1,719,640.15

R. E. Heidt Construction Company, Inc. $1,420,973.26

W. E. McDonald and Son $1,278,998.80

There being no other bids, motion was made by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously that the bids be referred to the Parish Engineer for final tabulation, with further action thereon to be taken at the Police Jury’s Regular Meeting on February 2, 2006.

Ms. Nan Johnson of FEMA (Federal Emergency Management Agency) appeared before the Police Jury at this time with reference to an upcoming event called the Louisiana Recovery Planning Day for Calcasieu Parish to be held Saturday, January 21, 2006, from 10:00 a.m. until 4:00 p.m at the Lake Charles Civic Center. Ms. Johnson explained that these planning events were being done on a national level in an effort to give residents who had been displaced from the hurricanes who were now living in areas throughout the country an opportunity to voice their opinions and concerns. She pointed out that there would be approximately 30 open houses being held concurrently on January 21^st and that the main partners in the process on the state and federal levels were the Louisiana Recovery Authority, FEMA, HUD (Housing and Urban Development), EDA (Economic Development Authority), and USDA (United States Department of Agriculture).

Ms. Johnson advised that recovery needs would be identified, and a vision for each community would be developed which would address the community’s guiding principles and which would result in identifying key projects. She further advised that the information gathered from the town hall meetings which had already been held in Calcasieu Parish would be presented on January 21^st at the Louisiana Recovery Planning Day event. Ms. Johnson also stated that the recovery plans from the 26 parishes impacted by the recent hurricanes would be utilized by the State to identify emergency projects, as well as more regional issues.

In answer to a question by Mr. Manuel, Ms. Johnson stated that there were basically two purposes for the Planning Day, one being to continue the process of receiving new information, and the other being to see what was forming as far as community goals and action items and to voice comments thereon, so it was important to attend the Planning Day in addition to the town meetings previously held.

At this time, President Danahay and Ms. Shari Grimes of the Calcasieu Workforce Center presented a retirement plaque to Ms. Lou Fontenot for 19 years of service. Also, President Danahay and Mr. Randy Vincent, Director of the Office of Community Services (OCS), presented a retirement plaque to Ms. Mary Gradnigo for 18 years of service. Both retirees expressed their appreciation for the opportunity of having worked for the Parish.

Upon motion made by Mr. Moon, which was duly seconded by Mrs. Griffin and carried unanimously, the following applications for liquor and beer permits were approved:

WARD I

Gurganus, LLC

Diane Gurganus - Member

KERSHAW’S TOBACCO

501 Hwy. 171 North

Lake Charles, LA 70611 Liquor - Pkg 50.00

(Calvin Collins’ District)

WARD II

No Name Lounge, LLC

Christ Kanellakis - Member

NO NAME LOUNGE

6120 Common Street

Lake Charles, LA 70607 Liquor - Beer 168.75

(Chris Landry’s District)

Big Easy Po-Boy Bar & Grill, Inc.

Larry Thomas - Pres.

PUTTER’S

7795 Lake Street

Lake Charles, LA 70605 Liquor - Beer 168.75

(Chris Landry’s District)

WARD IV

Golden Tor, Inc.

Charles Polak - Pres.

CAJUN FAST MART

4796 Hwy 27 South

Sulphur, LA 70665 Beer - Pkg. 31.25

(Brent Clement’s District)

Fisherman’s Headquarter, Inc.

C. Charles Carr II - Pres.

FISHERMAN’S HEADQUARTERS

5340 Hwy 27 South

Sulphur, LA 70665 Beer - Pkg. 31.25

(Brent Clement’s District)

WARD VIII

Club Shindigs, Inc.

Craig Shinn - Pres.

SHINDIGS

6798 Hwy 90 East

Lake Charles, LA 70615 Liquor & Beer 168.75

(Tony Guillory’s District)

TOTAL REMITTANCE: $618.75

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

Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously that the minutes of the Regular Meeting dated December 15, 2005, be approved, and the reading of same was dispensed with.

President Danahay advised that action was needed on RZ08-003-06 which was a request by Raymond D. Harris to rezone from I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development (house) at 3673 Highway 397 in Ward Eight, Police Jury District 10 (Mr. Stelly’s district). He further advised that the Planning and Zoning Board had met on Tuesday, January 17, 2006, and voted unanimously to recommend that the request be granted.

It was moved by Mr. Stelly, seconded by Mr. Moon and carried unanimously to uphold the recommendation of the Planning and Zoning Board and to grant the request to rezone; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5018

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Raymond D. Harris to rezone from I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development (house) on the property described as: That portion of land in the SW/4 of S7, T10S, R7W, lying W of the Southern Pacific Railroad and N of the road running E and W from the highway to the Southern Pacific Railroad; less and except such portions as have been previously sold or dedicated in Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of January, 2006, 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 Eight of this parish:

From I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development (house) on the property described as: That portion of land in the SW/4 of S7, T10S, R7W, lying W of the Southern Pacific Railroad and N of the road running E and W from the highway to the Southern Pacific Railroad; less and except such portions as have been previously sold or dedicated in Calcasieu Parish.

Zoning Case RZ08-003-06

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/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

* * * * * * * * * * *

President Danahay advised that action was needed on RZ03-038-05 which was a request by RLP Corporation to rezone from R-MHP (Manufactured Home Park) to C-2 (General Commercial) to allow mini warehouses on Tom Hebert Road in Ward Three, Police Jury District 10 (Mr. Stelly’s district). He further advised that the Planning and Zoning Board had met on Tuesday, January 17, 2006, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the use be limited to mini warehouses; and (3) that a dumpster must be installed upon the completion of the first phase and enclosed within a six-foot wooden privacy fence prior to issuance of an occupational license.

In answer to a question by Mr. Stelly, Mr. Vickers explained that the item in the brief prepared by staff referring to an eight-foot chain link fence around the development was not a part of the Planning and Zoning Board’s stipulations.

Upon motion made by Mr. Stelly, which was duly seconded by Mr. Manuel and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to RZ03-038-05, and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5019

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by RLP Corporation to rezone from R-MHP (Manufactured Home Park) to C-2 (General Commercial) to allow mini warehouses (9 buildings) on the property described as: A portion of the SW/4 of the SW/4 of S27, T10S, R8W, Calcasieu Parish, Louisiana, said portion being more particularly described as: Com at intersection of the E right of way of Tom Hebert Road and S line of said Section 27, thence northerly along said E right of way a distance of 360.0 feet, thence easterly a distance of 720.0 feet, thence southerly a distance of 360.0 feet to the S line of said S27, thence westerly along said south line a distance of 720.0 feet to the poc, containing 5.59 acres m/l less and less and except the W 200’ x 360’.

From R-MHP (Manufactured Home Park) to C-2 (General Commercial) to allow mini warehouses (9 buildings) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the use is limited to mini warehouses; and 3) that a dumpster must be installed upon the completion of the first phase and enclosed within a 6’ wooden privacy fence prior to issuance of an occupational license on the property described as: A portion of the SW/4 of the SW/4 of S27, T10S, R8W, Calcasieu Parish, Louisiana, said portion being more particularly described as: Com at intersection of the E right of way of Tom Hebert Road and S line of said Section 27, thence northerly along said E right of way a distance of 360.0 feet, thence easterly a distance of 720.0 feet, thence southerly a distance of 360.0 feet to the S line of said S27, thence westerly along said south line a distance of 720.0 feet to the poc, containing 5.59 acres m/l less and less and except the W 200’ x 360’.

Zoning Case RZ03-038-05

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

/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Danahay advised that action was needed on RZ04-002-06 which was a request by Harold Herman to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to develop a recreational vehicle park at 7657 Highway 27 South in Ward Four, Police Jury District 12 (Mr. Clement’s district). He further advised that the Planning and Zoning Board had met on Tuesday, January 17, 2006, and voted six (for) to three (against) to recommend that the request be granted, and further, recommended that the north four acres of the property adhere to the site plan on file with the Division of Planning and Development, which depicts a 25-space RV park.

Motion was made by Mr. Manuel and seconded by Mr. Clement that the recommendation of the Planning and Zoning Board be upheld with respect to RZ04-002-06 and that the request to rezone be granted with the stipulations outlined by said Board.

Mr. Harold Herman (the applicant) of 176 Benoit Road, Sulphur, appeared before the Police Jury and stated that he owned eight acres, 4.22 acres of which he would like to rezone for a 25-space recreational vehicle park, pointing out that he already had a convenience store in this area. Mr. Herman stated that before Hurricane Rita, there was a need for construction workers for the Sempra LNG facility, and that need had been compounded by the number of construction workers who would be involved in rebuilding Cameron Parish.

Mr. Herman explained that FEMA had been interested in his property for housing persons displaced from the hurricane, but that had created some controversy in the neighborhood, so he had gone back to his original plan of 25 spots. Mr. Herman further explained that the RV park would include asphalt paved roads, a shower/bathroom facility, covered pavilion, and enclosed dumpster, and that each RV site would have a concrete pad, water, sewer, electricity, and cable television connections, and he felt it would not be a facility that people would be ashamed to have in their neighborhood.

Mr. Andrepont asked if the site had been approved by the U. S. Corps of Engineers, and Mr. Vickers stated that if Mr. Herman had to obtain a wetlands permit, it would have to be approved by the Corps, but the first step in the process was to get the zoning of the property changed to accommodate his plans.

Mr. Herman advised that he had filed for a wetlands determination through the Corps and he realized, from having lived in the subject area since 1974, that one area could be wetlands while another was not, but only the Corps could make that determination.

Mr. Dyrell Stokes, 243 Ruby Lane, Sulphur, appeared before the Police Jury in opposition to the proposal. He stated that the area under discussion was a very quiet neighborhood with no history of thefts or disturbances, and he wanted it to remain that way. Mr. Stokes distributed copies of a letter from Mr. Charles R. Norman, P.E., Consulting Engineer, which stated in part that based on his review of the current USDA Soil Conservation Service publication “Soil Survey of Calcasieu Parish, Louisiana”, and his (Mr. Norman’s) previous experiences with wetlands, it was his opinion that a determination should be made by the U. S. Army Corps of Engineers based on a complete disclosure of the intended purpose(s) for the development of the property, which might require further evaluation of the soil types.

Mr. Stokes showed pictures of the area and stated that Mr. Herman had already cut ditches to his property and had disturbed wetlands and marshes. Mr. Stokes stated that the tide waters would work in and out of the ditches, and it was his opinion that Mr. Herman’s project had already been started. He urged the jurors to vote against the project and stated that doing so would not be a strike against Mr. Herman, it would be to his benefit because he could already be in trouble with the Corps.

Mr. Robert McHan, 7630 Highway 27 South, Sulphur, appeared before the Police Jury and stated he lived across the street from Mr. Herman’s store. Mr. McHan further stated that his job required him to be out of town six to eight months out of the year, and he did not want his wife, children, and mother alone with 25 to 50 new people in the neighborhood when he was gone. Mr. McHan stated that the reason he had bought 14 acres in this area was because he wanted his children raised in a quiet community.

Mr. Andrepont asked Mr. Herman if he had actually started clearing the property for the RV park, and Mr. Herman answered that he had a dozer on site to clear three feet of debris after Hurricane Rita. Mr. Herman further stated that he had lived in the area for 12 years, and he could clear his land and cut ditches without having a permit.

Mr. Andrepont interjected that if he developed it into commercial property, he would have to obtain a wetlands permit from the Corps, and Mr. Herman stated that at the stage he was in at the moment, he could build a house on his property, but he could not have left his land the way it was after Hurricane Rita.

In answer to a question by Mr. Guidry, Mr. Herman stated that if the rezoning was approved by the Police Jury, the RV park would be a permanent recreational site and that after the construction boom was over, a lot of people would be happy to stay there. Mr. Herman also stated that he did not think he would have trouble filling the spots in an RV park situated within five miles of a construction site that would hire 500 people.

Mrs. Griffin asked if the federal government would designate sites for the RV’s which would be distributed to those who had been displaced from the hurricane. Mr. Vickers stated that FEMA and the Parish were looking at a couple of possibilities for group sites which could accommodate multiple units, and there were individual sites where people were repairing their homes.

Mr. Vickers stated that the area was currently faced with an unparalleled housing crisis, pointing out that there were 5,000 people looking for housing in Calcasieu Parish alone. Mr. Vickers further stated that in trying to solve the problem, the staff had gone to every existing mobile home park to try and provide assistance to displaced persons, and to find a landlord who would accept the FEMA recreational vehicle units, but there were none to be found.

Mr. Vickers stressed the fact that if the Parish was to be rebuilt, there would have to be construction workers, i.e., for the Sempra and Liberty projects, as well as workers involved in the rebuilding effort, i.e., roofers, carpenters, etc. Mr. Vickers reminded everyone that the Parish was still in a state of emergency and had not yet recovered from the storm, and there was a shortage of manpower with most business establishments in town seeking assistance. He stated that to get back to where the Parish was, it would need outside help, and the staff was working with FEMA to try and find new sites for the FEMA trailers, but while Mr. Herman had offered to turn the south side of his property into a FEMA site, there was overwhelming opposition to this at the public hearing, and Mr. Herman had withdrawn his application for that. Mr. Vickers stated that Mr. Herman had been a responsible business owner in the Parish and while he did not know him that well, Mr. Herman had tried to do things in the right manner. Mr. Vickers pointed out that anytime anyone tried to develop property, they ran into the wetlands issue, but there were ways to mitigate or provide alternatives that dealt with those types of matters. Mr. Vickers assured the Jury that the housing crisis was not going to go away by itself and that it might be years before the Parish fully recovered.

Mrs. Griffin agreed with Mr. Vickers statements, and advised that she was concerned when she heard statements about individuals having fear that other individuals would bring harm to their community without any past history of that happening. She further stated that in America, everyone should be given the opportunity to have the basic necessities of life, and she was in support of Mr. Herman and his plans.

Mr. Clement stated he had received many calls relating to the noise issue and the wetlands issue, the latter of which had been addressed. Mr. Clement further stated that he had gone to Intracoastal Park and to an RV park in Hackberry near some residences, and when he questioned the owners or managers of these facilities, they told him they had not had any problems with disturbances, trespassing, thefts, or noise. Mr. Clement acknowledged that this did not mean there would not ever be a troublemaker but, hopefully, Mr. Herman would address that problem if it arose.

Mr. Clement stated that another factor in his decision to support the request to rezone was that the staff and the Planning and Zoning Board had recommended it. He pointed out that some of the concerns he had heard were aesthetic questions, and he asked if in addition to the privacy fence on the north boundary of the property, could Mr. Herman also be required to place a fence along the frontage of the property on Highway 27.

Mr. Herman stated that he had 212 feet fronting Highway 27, less 60 feet for the driveways (entrance and exit) and while he could agree to putting up a fence, the project when finished would not be an eyesore, and he felt he had given enough. He advised that some of the people who were complaining had not yet cleaned up their yards since the storm, and he had never done anything that had not improved his neighbors’ property values. Mr. Herman advised that the 400' of privacy fence on the north side of the proposed development was included in his site plan and had not been required by the Parish staff or Planning and Zoning Board, and he did not think he wanted a privacy fence running down alongside Highway 27.

In answer to a question by Mr. Clement, Mr. Vickers stated that he felt Mr. Herman’s proposal had the makings of a very nice facility, and he did not think having a fence at the entrance/exit would make that much difference. Mr. Vickers further stated that Mr. Herman would attract a good clientele if he did what was outlined on his site plan, and that the Planning and Development staff would make sure he adhered to said plan, particularly the final plan.

Mr. Andrepont stated that he was confused, because he thought when the discussion started that it was just regarding a clearing of property but now it was definitely going to be an RV park. Mr. Vickers pointed out that Mr. Herman’s application was for a 25-spot park, and Mr. Herman stated that what he had said was that the land was already cleared, and if he did not receive approval for an RV-park, he would build a house on the property.

A roll call vote was taken on the motion on the floor, which was that the recommendation of the Planning and Zoning Board be upheld with respect to RZ04-002-06, a request by Harold Herman to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to develop a recreational vehicle park at 7657 Highway 27 South in Ward Four, and that the request to rezone be granted with the stipulation outlined by said Board, that the north four acres of the property adhere to the site plan on file with the Division of Planning and Development, which depicts a 25-space RV park. The vote on the motion was as follows:

YEAS:Mr. Brame, Mr. Clement, Mr. Collins, Mrs Griffin, Mr. Guidry, Mr. Guillory, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. McMillin, Mr. Moon, Mr. Stelly, and Mrs. Treme

NAYS:Mr. Andrepont

ABSENT:None

NOT VOTING:President Danahay

The vote being 13 (in favor) to 1 (against), President Danahay declared the motion as having carried; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5020

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Harold Herman to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to develop a recreational vehicle park (25 spaces) on the property described as: Com at the SW cor of the NW/4 of SE/4 of S14, T11S, R10W, thence N 390 feet; thence E 944.8 feet; thence S 390 feet; thence W 944.8 feet to the poc.

From A-1 (Agricultural) to R-MHP (Manufactured Home Park) to develop a recreational vehicle park (25 spaces) with the stipulation that the north four acres of the property adhere to the site plan on file with the Division of Planning and Development, which depicts a 25 - space RV park; on the property described as: Com at the SW cor of the NW/4 of SE/4 of S14, T11S, R10W, thence N 390 feet; thence E 944.8 feet; thence S 390 feet; thence W 944.8 feet to the poc.

Zoning Case RZ04-002-06

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

/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Danahay advised that a public hearing would be held at this time, in accordance with Article II-Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, for immediate condemnation of the following described structure due to the structure being in imminent danger of collapse and constituting a menace to public safety:

(1) 1605 NOLIA STREET, west Sulphur area, Lot 6, Luke Henry Subdivision, also described as: Com 924.8 Ft W and 224 Ft N of SE Cor NE NE 4.10.10 (which Pt is 204 Ft N and 155 Ft W of intersection of W/L Eva Street with N/L Parish Rd), TH N 85.5 Ft, W 155 Ft etc., Ward 4, Calcasieu Parish, Louisiana (one manufactured home with addition). Owner: Murphy J. and Allen W. Sensat, 1605 Nolia Street, Sulphur, Louisiana, 70663, TA #00153060. (Police Jury District 13, Mr. Andrepont)

With reference to this structure, Mr. David Robinson of the Division of Planning and Development advised that the owners were working with FEMA, and said owners wanted the Police Jury to condemn it so they could get some housing assistance.

Mr. Andrepont pointed out that the structure was not livable and would have to be destroyed so that the occupant could receive another mobile home which she had been promised.

President Danahay asked if there was anyone in the audience who wished to address the Police Jury regarding this piece of property and hearing no comments, motion was made by Mr. Andrepont, seconded by Mrs. Treme and carried unanimously that the following ordinance be adopted:

ORDINANCE NO. 5021

AN ORDINANCE ordering immediate demolition of one (1) manufactured home with addition on property located at 1605 Nolia Street, Lot 6, Luke Henry Subdivision, and more particularly described as: Com 924.8 Ft W and 224 Ft N of SE Cor NE NE 4.10.10 (which Pt is 204 Ft N and 155 Ft W of intersection of W/L Eva Street with N/L Parish Rd), TH N 85.5 Ft, W 155 Ft etc., (Tax Assessment No. 00153060), west Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Murphy J. and Allen W. Sensat.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of January, 2006, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, to exercise its right under the Calcasieu Parish Code of Ordinances, Chapter 6, Article II, Section 6-18 (d), to condemn the following described property wherein the notice requirements to the owner shall not apply when any building, dwelling or structure, or any part thereof, are in imminent danger of collapse, and constitute a menace to public safety; therefore, it is hereby ordered that the manufactured home with addition on property located at 1605 Nolia Street, Lot 6, Luke Henry Subdivision, and more particularly described as: Com 924.8 Ft W and 224 Ft N of SE Cor NE NE 4.10.10 (which Pt is 204 Ft N and 155 Ft W of intersection of W/L Eva Street with N/L Parish Rd), TH N 85.5 Ft, W 155 Ft etc., (Tax Assessment No. 00153060), west Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Murphy J. and Allen W. Sensat, be demolished and removed immediately. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 19^th day of January, 2006, and is final unless appealed within five (5) days.

SECTION 2. If the manufactured home with addition on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed immediately, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home with addition, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home with addition was situated for the cost of demolishing and removing said manufactured home with addition, and for the cost of maintaining the property.

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

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

SECTION 5. This ordinance shall become effective immediately.

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

/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Danahay advised that action was needed on ST08-001-06 which was a request by the Police Jury to study the feasibility of rezoning from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development on Clement Road in Ward Eight, Police Jury District 10. President Danahay further advised that the Planning and Zoning Board had met on Tuesday, January 17, 2006, and voted unanimously to recommend that all properties be reclassified from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow for residential placement since the trend appeared to be residential development.

Upon motion made by Mr. Stelly, which was duly seconded by Mr. Manuel and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to ST08-001-06, and the request to rezone was granted; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5022

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to rezone property in the Clement Road area in Ward Eight of Calcasieu Parish, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of January, 2006, 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 by rezoning and reclassifying the following property in the Clement Road area in Ward Eight from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow residential development on the property more particularly described as:

A portion of Ferndell Subdivision Part B located in Section 7, Township 10, Range 7.

Study Case ST08-001-06

BE IT FURTHER ORDAINED that the rezoning as per the attached map 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/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Danahay advised that a report would be received at this time from the staff relative to ST03-002-06 which was a request by the Police Jury to conduct a feasibility study for a zoning overlay and reclassification study of property located on Lake Street, from Country Club Road to Gauthier Road (Lake Street in Ward Three, Police Jury District 7, Mr. Landry). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, January 17, 2006, and received a report from the staff regarding the proposed Lake Street Overlay District and Reclassification Plan, and further, that no action was taken by the Board.

Mr. Vickers reported that the staff was still working through the process on this overlay district and that the first public hearing had been held. He further reported that this would be presented to the Police Jury again following approval by the Planning and Zoning Board.

It was moved by Mr. Manuel, seconded by Dr. Mackey and carried unanimously to adopt the following resolution:

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 Mac McFatter to construct an 80' x 4' walkway with terminal 44' x 30' deck on Lake Charles. The proposed work is to occur within an area 65 feet wide, perpendicular to the existing shoreline, the outer limits extending 124 feet northwesterly towards the center of the lake. The fill operation will consist of placing approximately 600 cubic yards of rip-rap and 300 cubic yards of hauled in earthen fill to reclaim eroded shoreline. Approximately 0.07 acres of lake waters will be filled for shoreline reclamation purposes. Said project is located along the southern bank of Lake Charles, at the junction of Lake Street and Shell Beach Drive, in the City of Lake Charles, in Calcasieu Parish, Louisiana; and

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

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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of January, 2006, that it does hereby indicate no objection to the proposal of Mac McFatter to construct an 80' x 4' walkway with terminal 44' x 30' deck on Lake Charles. The proposed work is to occur within an area 65 feet wide, perpendicular to the existing shoreline, the outer limits extending 124 feet northwesterly towards the center of the lake. The fill operation will consist of placing approximately 600 cubic yards of rip-rap and 300 cubic yards of hauled in earthen fill to reclaim eroded shoreline. Approximately 0.07 acres of lake waters will be filled for shoreline reclamation purposes. Said project is located along the southern bank of Lake Charles, at the junction of Lake Street and Shell Beach Drive, in the City of Lake Charles, 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.

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

THUS PASSED AND ADOPTED on the date above inscribed.

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Motion was made by Mr. Moon, seconded by Mr. McMillin and carried unanimously that the Director of Planning and Development be authorized to notify the following property owners, in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to show cause at a public hearing on March 2, 2006, or the first regular Police Jury meeting thereafter, as to why the structures on the properties as stipulated should not be condemned:

(1) 1212 BANNCKER ROAD, DeQuincy area, Lots 10, 13, Block 7, Subdivision of Edgewood Land and Logging Company, LTD of NW NE Sec 19.7.10 and Lots 23, 24 and 25 of NE NE Sec 19 and of S ½ SE Sec 18 lying S of Gulf Coast RR R/W 7.10, Ward 6, Calcasieu Parish, Louisiana (one house). Owner: Allen Boyd O’Kelly, 710 Alston Cemetary Road, DeQuincy, Louisiana, 70633, TA # 00218480. (Police Jury District 11, Mrs. Treme);

(2) BAYOU D’INDE PASS, Sulphur industries area, Beg SE Cor N ½ S ½ SW SW 8.10.9 N 208.7 Ft W 208.7 Ft etc., Ward 4, Calcasieu Parish, Louisiana (one accessory structure with addition). Owner: R. D. Franklin, c/o Ben Franklin, 300 Allison Lane, Sulphur, Louisiana 70663, TA # 00137952. (Police Jury District 15, Mr. Danahay);

(3) 2249 HIGHWAY 388, Edgerly area, from NE Cor Sec 32.9.11 TH S 19 Deg 25 Min 32 Sec W 595 Ft S 19 Deg 27 Min 53 Sec W 1268.3 Ft N 70 Deg 32 Min 07 Sec W 22 Ft to W R/W Line of State Highway 388 for Beg-TH continuing N 70 Deg 32 Min 07 Sec W 208.7 Ft S 19 Deg 27 Min 53 Sec W 93.2 Ft etc., Ward 7, Calcasieu Parish, Louisiana (one house). Mortgage holder: AEGIS Mortgage Corporation d/b/a UC Lending, Attn: Loan Shipping, Reg 7, 8549 United Plaza Boulevard, Baton Rouge, LA 70809. Owner: Melinda Faye Burchfield, 2249 Highway 388, Vinton, Louisiana, 70668, TA # 00255033. (Police Jury District 11, Mrs. Treme);

(4) 7414 JARIB LANE, southeast Lake Charles area, Lot 31, Green Meadows Subdivision, Part III, Ward 3, Calcasieu Parish, Louisiana (two manufactured homes). Owner: Robert Purl Brown, et ux, 7414 Jarib Lane, Lake Charles, Louisiana, 70607, TA # 01205269. (Police Jury District 7, Mr. Landry);

(5) SIXTH STREET, Starks area, Lot 5 and E ½ Lot 11, Block 10, Starks, Ward 5, Calcasieu Parish, Louisiana (one manufactured home). Owner: Mrs. Susie and Henry Hoosier, c/o Dorothy Lou Tillman, P. O. Box 65, Starks, Louisiana, 70661, TA # 00202215. (Police Jury District 11, Mrs. Treme);

(6) ST. THERESA, north Sulphur area, Lot 90, Sierra Madre Acres Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home). Owner: Mary Ann Fiorenza, 2701 Maplewood Drive, Lake Charles, Louisiana, 70663, TA # 00136689. (Police Jury District 11, Mrs. Treme);

(7) 1902 WOODELL LANE, north Westlake area, Lot 11 and that portion of Lot 10 lying south of canal being in Block 3 of Plummer Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home). Owner: Michael Demps Oliver, c/o Linda Sue G.Oliver, 317 Rio Hondo Street, Sulphur, Louisiana, 70663, TA # 00174173. (Police Jury District 14, Mr. McMillin);

(8) 3626 THOMAS COLE ROAD, Sulphur industries area, W 2/3 of E ½ W ½ SE SE 7.10.9 (6.67 Acs) less 2 Acs sold-4.67 Acs, Ward 4, Calcasieu Parish, Louisiana (one house, one manufactured home, three accessory structures). Owner: Gwendolyn Faye Cole, 4125 Russell Street, Sulphur, Louisiana, 70665, TA # 00127337. (Police Jury District 15, Mr. Danahay);

(9) 2737 BAYOU D’INDE ROAD, Sulphur industries area, Comm’l IMPS on Land of Cole Enterprises LLC (W 10 Acs of SE SE 7.10.9) Ward 4, Calcasieu Parish, Louisiana (one house, (green w/white trim). Owner: Gwendolyn Faye Cole, 4125 Russell Street, Sulphur, Louisiana, 70665, TA # 01349806. (Police Jury District 15, Mr. Danahay).

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

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of January, 2006, that it does hereby authorize the Division of Planning and Development to submit two applications to the Louisiana Office of Community Development for Community Development Block Grant funding, one for a water project in the Starks community, and one for a housing rehabilitation project in the Mallard Junction community.

THUS DONE AND PASSED on the date above inscribed.

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

Following a brief report by Mr. Clement, Chairman of the Budget Committee, motion was made by Mr. Manuel, seconded by Dr. Mackey and carried unanimously to approve the Budget Committee Report dated January 19, 2006, and all recommendations contained therein, as follows:

BUDGET COMMITTEE REPORT

January 19, 2006

______________________________

A meeting of the Budget Committee was held at 5:00 p.m. on Thursday, January 19, 2006, 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. Kevin Guidry, Charles S. Mackey, D.D.S., Tony Stelly, Sandy Treme, and President Michael E. Danahay, Ex-Officio

Absent: None

Also present were Police Jurors Mrs. Elizabeth Conway Griffin, Mr. Don Manuel and Mr. Hal McMillin, as well as staff members Mr. S. Mark McMurry, Mrs. Coleen Clark, and Ms. Kathy P. Smith.

Said Committee:

(1) Recommended approval of a Cooperative Endeavor Agreement between the Police Jury and the City of Lake Charles for a grant in the amount of $5,000.00 which would serve as a match and co-sponsorship by the Police Jury with the City of Lake Charles for a photographic exhibit entitled “Bobby, Martin, and John” at Old City Hall, and further recommended authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

(2) Recommended approval of a Cooperative Endeavor Agreement between the Police Jury and the City of Westlake for a grant in the amount of $15,000.00 which would serve as a match for a feasibility study for the five-laning of State Highway 378, between Westlake and Moss Bluff, with said funding being allocated from the Economic Development Fund, and further recommended authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

(3) Recommended approval of a request for allocation of $50,000 from the Ward Five gaming reserve, if necessary, to fund engineering and planning costs related to development of a public water system in Ward Five.

(4) Recommended approval of a funding request from the carryover of Delta Downs Gaming Fund allocated to Ward Four, District 14, to be used as matching funds for Waterworks District No. Four of Ward Four for purchase and installation of a generator.

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

Motion was made by Mr. Moon, seconded by Mr. Brame and carried unanimously to move the polling places for the following voting precincts, and further, to authorize the staff to notify all federal, state and local agencies of these changes in polling places:

Precinct No. Current Location Proposed Location

366 Prien Lake Park New St. John Elementary School

(5566 Elliott Road, Lake Charles – located in Precinct 366)

365 Former St. John Elementary School New St. John Elementary School

(5282 Weaver Road, Lake Charles)

367S Former St. John Elementary School New St. John Elementary School

It was noted that under these changes, Voting Precincts 367N and 368 would continue to vote at the former location of St. John Elementary School. It was also noted that it had been confirmed that the old school would continue to be used by the Calcasieu Parish School Board in some capacity, well into the future, and that the restructuring of these precincts would more equitably distribute the number of registered voters at each of the polling places.

Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the following ordinance was adopted to consolidate Voting Precincts 309E and 309W, in accordance with LSA—R. S. 532.B(4) which requires that a voting precinct have no less than 300 registered voters:

ORDINANCE NO. 5023

AN ORDINANCE to consolidate a voting precinct with less than 300 registered voters with an adjacent precinct, in accordance with LSA—R.S. 18:532.B(4).

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of January, 2006, that:

SECTION 1.In accordance with LSA—R.S. 18:532.B(4), the voting precinct listed hereunder, which has less than 300 registered voters at said precinct, is hereby consolidated with an adjacent precinct, and the number of commissioners and voting machines for the consolidated precinct and polling place are hereby reduced:

Precinct 309E (consolidated with Precinct 309W, which also votes at Foreman-Reynaud YMCA, 215 Albert Street, Lake Charles).

BE IT FURTHER ORDAINED that this ordinance shall become effective on January 19, 2006.

BE IT FURTHER ORDAINED that any ordinance or part of any ordinance in conflict herewith is hereby repealed.

THUS PASSED AND ADOPTED on this, the 19^th day of January, 2006.

/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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Motion was made by Mrs. Treme, seconded by Mr. Stelly and carried unanimously that the following resolution be adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of January, 2006, that it does hereby approve the renewal of a Legislative Consulting Agreement between the Police Jury and McCleary and Associates, Inc. for legislative monitoring services for the Year 2006.

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

THUS DONE AND PASSED on the date above inscribed.

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

It was moved by Mr. Collins, seconded by Mrs. Griffin and carried unanimously to authorize the execution of an agreement by the Parish Administrator for a new lease with Sylvia C. Pastrano, Inc., a tenant and user of the Magnolia Building, as well as the renewal of an existing lease with Ben Mount, Attorney at Law, in accordance with parameters established by the Police Jury Liaison Group for such purpose.

Upon motion made by Dr. Mackey, which was duly seconded by Mr. Manuel and carried unanimously, the following resolutions were adopted as requested by the Office of Juvenile Justice Services:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of January, 2006, that it does hereby authorize the Office of Juvenile Justice Services to submit a new grant application to the Children’s Trust Fund in an amount up to $15,000 for programs that assist with child abuse prevention initiatives.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the amount of the award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of January, 2006, that it does hereby authorize the Office of Juvenile Justice Services to submit a concept paper to the Department of Justice, Office of Justice Programs, for an amount up to $150,000 to enhance mental health intervention services for at-risk youth and families.

BE IT FURTHER RESOLVED that should residual funds become available, an adjustment can be filed to increase the amount of the award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of January, 2006, that it does hereby authorize the Office of Juvenile Justice Services to submit an application to the Office of Youth Development, Court Empowerment Program, for an amount up to $100,000 to provide prevention and diversion services to at-risk youth and families.

BE IT FURTHER RESOLVED that should additional funds become available, a grant adjustment can be filed to increase the amount of the award.

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

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of January, 2006, that it does hereby authorize the Office of Juvenile Justice Services to submit a continuation grant application to the Office of Juvenile Justice and Delinquency Prevention, Juvenile Accountability Block Grant, for an amount up to $15,000, with a 10% match from local funds, to continue improvements to the Calcasieu Parish Juvenile Detention Center and enhance programming for at-risk youth.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the amount of the award.

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.

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

Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the following resolution be adopted:

RESOLUTION

WHEREAS, the Secretary of Transportation and Development is authorized to make grants for mass transportation projects; and

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provisions by it of the local share of project costs; and

WHEREAS, it is required by the Louisiana Department of Transportation and Development in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and

WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment or consultant and other services.

NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, on behalf of the Calcasieu Parish Office of Community Services, in regular session convened on the 19^th day of January, 2006, that it does hereby approve the submittal of this resolution authorizing the filing of an application with the Louisiana Department of Transportation and Development to aid in the financing of operating and/or capital assistance projects pursuant to the Rural Public Transit Program, 49 CFR 5311 and/or Discretionary Capital Program, 49 CFR 5309.

BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, is authorized to execute and file an application on behalf of the Calcasieu Parish Police Jury Public Transit System with the Louisiana Department