March 2, 2006

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, March 2, 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, Calvin Collins, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, and Tony Stelly

Absent: Messrs. Brent Clement, Hal McMillin, and Cornie Moon (all out of town)

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mr. Jerry Milner, Director of Finance; Mr. Jeff Cole of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Claude Smart, Parish Engineer; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.

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

President Danahay advised that the first item of business was the appearance of representatives from the Federal Emergency Management Agency (FEMA) with reference to the debris removal process. Mr. Allen Wainwright, Public Works Engineer, stated that in conjunction with the Corps of Engineers and the Corps’ contractor, Crowder Gulf, the Parish would soon begin its final process for concluding the debris removal program. Mr. Wainwright pointed out that February 28, 2006, had been the deadline for residents to get all storm-related debris to the public rights-of-way for pickup, and that the Parish had been divided into approximately 75 equal grids. He explained that starting Monday, March 6, 2006, the Corps monitors and Crowder Gulf officials would begin independently riding all of the roads in the Parish and when they felt a road was complete insofar as pickup of debris, they would report those roads to the Parish. Mr. Wainwright further explained that the very next day, the Parish would take a look at those roads and develop a punch list of piles of debris that might have been missed by the contractor, and the Parish would submit the punch list(s) to the contractor. Mr. Wainwright advised that when the items on the punch list for a particular section of roads were taken care of to the Parish’s satisfaction, that area would be signed off on as being complete, and he anticipated the process to take approximately two to three weeks to close out the entire Parish.

Mr. Wainwright further advised that piles of debris would continue to appear but that at some point, the Corps would have to complete its assignment and leave the area. He urged the jurors to notify the staff of any “hot spots” of which the contractor might be unaware.

Mr. Wainwright stated that another key point to the transition to completion was that starting Monday, March 6, 2006, Crowder Gulf’s telephone number would no longer be in service, and all calls regarding debris removal should be made to the Division of Engineering and Public Works at 721-3700 so that the Parish could get the information firsthand.

Mr. Manuel spoke of the need to get all of this information to the public, since there were a lot of people who were just now starting to clear property of trees they wanted to remove. Mr. Manuel pointed out that eligible debris had to be associated with damage caused by Hurricane Rita, and the citizens needed to know that if they put trees that were still green on the right-of-way for pickup by the Corps, this type of debris would not be eligible.

Mr. Brame asked if the final passes referred to by Mr. Wainwright included the Deatonville area, and Mr. Wainwright stated that his presentation included only the debris removal from public rights-of-way. Mr. Wainwright also stated that the stump removal program was approximately 90% complete and that what remained were the more difficult cases that involved utilities, and “leaners” and “hangers”, or the most hazardous branches which still needed to be removed from the right-of-way. Mr. Wainwright advised that the answer to Mr. Brame’s question would be addressed in the next item of business on the agenda, a report from staff concerning demolition and debris removal plan and accompanying right-of-entry program.

Mr. Landry stated that some discussion had taken place that the Deatonville canal was a private waterway but his feeling was that since it was navigable by anybody who wanted to use it, it would not be private, and he questioned what would happen in this case. Mr. Landry also asked what would happen in a situation where a property owner lost their entire house, i.e. in Cameron Parish. Mr. Wainwright stated that he thought Mr. Gremillion and Mr. Mark Chester of the Corps could address those private property type issues in the upcoming report.

President Danahay advised that a report would be received at this time from the staff concerning a demolition and debris removal plan and accompanying right-of-entry program.

Mr. Gremillion reported that the staff had recently received an approval letter from FEMA on the cleanup of debris on private property and for the Parish’s demolition plan. He advised that the federal government had the same parameters as the Parish did – no work on private property without the permission of the landowner – but that there were provisions where such work could be done on private property in disaster situations.

Mr. Gremillion stated that a resolution was needed from the Police Jury reaffirming its request to do debris removal and demolition on private property. He further stated that the general scope of work would involve property that was damaged by Hurricane Rita whereby such damage constituted a life/safety/health issue to the public, and which would generally fall under the Parish’s existing condemnation process or nuisance abatement ordinance. Mr. Gremillion pointed out that the federal government would pay 100% of the costs associated with the cleanup of these private properties and that over 180 structures had been identified thus far as being eligible under the program. He advised that the public would be solicited for information on structures the staff might have missed.

Mr. Gremillion stated that one of the key factors in the private property debris removal program would be getting permission from the property owners to enter the property to do the work and that there was some confusion on this issue. He explained that the Parish currently had the right to go on property if it was causing a health and/or safety problem, but what the staff preferred to do was get permission via the right-of-entry forms which would also include provisions to hold the Police Jury and federal government harmless from any damages that might occur. Mr. Gremillion briefly went through a list of requirements the Parish would have to follow such as marking utilities, identification/removal of asbestos, identification/disposal of household hazardous waste, etc., the biggest task being the identification of property owners and verification of ownership.

Mr. Gremillion pointed out that if a property owner had received a settlement from their insurance company for debris removal, those proceeds would have to be surrendered in order to participate in the Parish’s program.

Mr. Gremillion stated that there would be other areas, such as Deatonville, where there would need to be a general cleanup because of the type and amount of debris in storm surge areas, i.e., boats, tanks, lumber, refrigerators, 18-wheelers, etc., situated next to homes which caused a health/safety issue. He further stated that a list of such projects would be turned into the Corps, and FEMA would determine eligibility for cleanup.

Mr. Landry stated that there were tanks in the marshes in both Calcasieu and Cameron parishes where nobody lived right next to them, but they still posed a public health issue if some of the tanks started leaking and contaminated the marshes. Mr. Gremillion stated that if it was not near where people were living, it was not likely to be cleaned up. He further stated that the Environmental Protection Agency (EPA) should have picked up all such containers of hazardous materials, and the staff needed to know where those locations were where containers still existed.

Mr. McMurry stated that it was his understanding that EPA and the Louisiana Department of Environmental Quality (LDEQ) were working together to solve these environmental concerns.

Mr. Brame presented some photographs which had been taken the day before the meeting on this date which showed containers of some kind of chemicals, and he stated that the possibility of a hazardous spill was much greater if it was still in the Deatonville canal. Mr. Gremillion stated that he could check with EPA and that hazardous materials should be cleaned up by the state or federal governments.

Mr. Vickers explained that there were a number of issues with respect to obtaining a right of entry, i.e., it was not uncommon that property was owned by one person and improvements on the property by another. He pointed out that the storm surge associated with Hurricane Rita had pushed improvements onto other properties and that there would be instances where the Parish would not be able to obtain right-of-entry but in situations which involved imminent danger, the Parish had the right to enter the property and remove the structure.

Mr. Vickers stated that the staff would make its best effort, utilizing Corps and Parish procedures, to provide notification to the public through the newspaper, C-Gov (the Parish’s government access television channel), the Parish website, etc., and that they wanted to get as many demolished as possible, particularly while FEMA would be paying the costs. Mr. Vickers advised that three land title companies would be working with the staff to identify ownership of the properties.

Mr. Gremillion stated that the target date for completing the program would be the end of June, 2006, after which the costs for this work would be shared by FEMA and the Police Jury on a 90-10% basis.

Mr. Brame asked whose responsibility it was to clean up the Deatonville canal, to which Mr. Gremillion stated that some people had claimed that the canal was a drainage structure, however, Gravity Drainage District No. Four of Ward Three claimed that it was not part of their system, and they were not responsible for maintaining it. Mr. Gremillion further stated that it would not be considered a navigable waterway because of the nature of it and that if it was a public waterway, the Parish had issues with debris in Big Lake and other drainage laterals as well.

Mr. Gremillion advised that waterways were the primary responsibility of the National Resource Conservation Service (NRCS) and were included under the Stafford Act which was what gave FEMA its authority. He further advised that FEMA could not pay for something that was the responsibility of another federal agency and that the Parish would just have to turn it in as a project and see if the federal government would consider it as an eligible project and pay for it.

Mr. Brame advised that he had talked with Mr. Tom Hall with the Corps’ office in Baton Rouge and had explained to Mr. Hall the type of canal it was. He further advised that Mr. Hall had told him it was something the Corps did take care of. Mr. Brame stated that he had also learned that there were some culverts that drained the marsh and the canal but that in any event, some determination needed to be made as to how to get it cleaned up. He pointed out that the NRCS did not have money to clean drainage canals, much less projects of the magnitude of the Deatonville canal.

Mr. Mark Chester of the Corps appeared before the Police Jury and stated that the NRCS would be the primary agency responsible for taking care of the canal and would do it on a 75-25% cost sharing arrangement. He further stated that if it did not qualify under NRCS, the Corps would be tasked to map it and submit it to FEMA, and FEMA would make the determination as to whether it qualified for cleanup.

In answer to a question by Mr. Brame, Mr. Chester answered that if it did not qualify, nothing could be done by the Corps but that the Parish would have the mapping (done by the Corps) for future reference.

The hour being 6:00 p.m., President Danahay advised that a public hearing would be held at this time, as a result of notice provided to the owners of properties described below, in accordance with Article II-Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, ordering said owners to show cause as to why the structures on said properties 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 1/2 SE Sec 18 lying S of Gulf Coast RR R/W 7.10, Ward 6, Calcasieu Parish, Louisiana (one house). Owner: Allen Boyd OKelly, 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); and

(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).

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

With reference to the first structure located at 1212 Banncker Road, DeQuincy area, Mr. David Robinson of the Division of Planning and Development recommended that the structure be condemned and removed within thirty days.

President Danahay asked if there was anyone present in the audience who wished to address the Police Jury with respect to this piece of property, and there being no comments, motion was made by Mr. Andrepont, seconded by Mr. Landry and carried unanimously that the recommendation of the Division of Planning and Development be accepted and that the structure located at 1212 Banncker Road, DeQuincy area, be condemned and removed within thirty days; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5059

AN ORDINANCE ordering condemnation and demolition of one house on property located at 1212 Banncker Road (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); Tax Assessment No. 00218480, DeQuincy area of Ward Six, Calcasieu Parish, Louisiana, and currently owned by Allen Boyd O’Kelly.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of March, 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, and it is hereby ordered that the house on property located at 1212 Banncker Road (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); Tax Assessment No. 00218480, DeQuincy area of Ward Six, Calcasieu Parish, Louisiana, and currently owned by Allen Boyd O’Kelly, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 2^nd day of March, 2006, and is final unless appealed within five (5) days.

SECTION 2. If the house on the premises herein above described in the Parish of Calcasieu, Louisiana, are not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, 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 house was situated for the cost of demolishing and removing said house, 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 house, 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

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

With respect to the second structure located on Bayou D’Inde Pass, Sulphur industries area, Mr. Robinson recommended that the structure be condemned and removed within thirty days.

President Danahay asked if there was anyone present in the audience who wished to address the Police Jury with reference to this piece of property, and there being no comments, motion was made by Mr. Landry, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Division of Planning and Development be accepted and that the structure located on Bayou D’Inde Pass, Sulphur industries area, be condemned and removed within thirty days; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5060

AN ORDINANCE ordering condemnation and demolition of one accessory structure with addition on property located at Bayou D’Inde Pass (Beg SE Cor N ½ S ½ SW SW 8.10.9 N 208.7 Ft etc.); Tax Assessment No. 00137952, Sulphur Industries area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by R. D. Franklin.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of March, 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, and it is hereby ordered that the accessory structure with addition on property located at Bayou D’Inde Pass (Beg SE Cor N ½ S ½ SW SW 8.10.9 N 208.7 Ft etc.); Tax Assessment No. 00137952, Sulphur Industries area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by R. D. Franklin, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 2^nd day of March, 2006, and is final unless appealed within five (5) days.

SECTION 2. If the accessory structure with addition on the premises herein above described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said accessory structure 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 accessory structure with addition was situated for the cost of demolishing and removing said accessory structure 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 accessory structure 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

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

With respect to the third structure located at 2249 Highway 388, Edgerly area, Mr. Robinson recommended that the structure be condemned and removed within thirty days.

President Danahay asked if there was anyone present in the audience who wished to address the Police Jury with reference to this piece of property, and there being no comments, motion was made by Mr. Andrepont, seconded by Mr. Landry and carried unanimously that the recommendation of the Division of Planning and Development be accepted and that the structure located at 2249 Highway 388, Edgerly area, be condemned and removed within thirty days; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5061

AN ORDINANCE ordering condemnation and demolition of one house on property located at 2249 Highway 388 (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.); Tax Assessment No. 00255033, Edgerly area of Ward Seven, Calcasieu Parish, Louisiana, mortgage currently held by AEGIS Mortgage Corporation d/b/a UC Lending and currently owned by Melinda Faye Burchfield.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of March, 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, and it is hereby ordered that the house on property located a 2249 Highway 388 (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.); Tax Assessment No. 00255033, Edgerly area of Ward Seven, Calcasieu Parish, Louisiana, mortgage currently held by AEGIS Mortgage Corporation d/b/a UC Lending and currently owned by Melinda Faye Burchfield, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 2^nd day of March, 2006, and is final unless appealed within five (5) days.

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 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

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

With reference to the fourth structure located at 7414 Jarib Lane, southeast Lake Charles area, Mr. Robinson advised that no action was necessary due to the fact that this structure had already been removed.

With reference to the fifth structure located on Sixth Street, Starks area, Mr. Robinson recommended that this structure be condemned and removed within thirty days.

President Danahay asked if anyone was present in the audience to address the Police Jury with reference to this structure and hearing no comments, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Division of Planning and Development be accepted and that the structure be condemned and removed within thirty days; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5062

AN ORDINANCE ordering condemnation and demolition of one manufactured home on property located on Sixth Street (Lot 5 and E ½ Lot 11, Block 10); Tax Assessment No. 00202215, Starks area of Ward Five, Calcasieu Parish, Louisiana, and currently owned by Mrs. Susie and Henry Hoosier.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of March, 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, and it is hereby ordered that the manufactured home on property located on Sixth Street (Lot 5 and E ½ Lot 11, Block 10); Tax Assessment No. 00202215, Starks area of Ward Five, Calcasieu Parish, Louisiana, and currently owned by Mrs. Susie and Henry Hoosier, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 2^nd day of March, 2006, and is final unless appealed within five (5) days.

SECTION 2. If the manufactured home on the premises herein above described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home, 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 was situated for the cost of demolishing and removing said manufactured home, 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, 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

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

With reference to the sixth structure located on St. Theresa Road, north Sulphur area, Mr. Robinson recommended that this structure be condemned and removed within thirty days.

President Danahay asked if anyone was present in the audience to address the Police Jury with reference to this structure and hearing no comments, motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the recommendation of the Division of Planning and Development be accepted and that the structure be condemned and removed within thirty days; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5063

AN ORDINANCE ordering condemnation and demolition of one manufactured home on property located on St. Theresa Lane (Lot 90, Sierra Madre Acres Subdivision); Tax Assessment No. 00136689, North Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Mary Ann Fiorenza.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of March, 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, and it is hereby ordered that the manufactured home on property located on St. Theresa Lane (Lot 90, Sierra Madre Acres Subdivision); Tax Assessment No. 00136689, North Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Mary Ann Fiorenza, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 2^nd day of March, 2006, and is final unless appealed within five (5) days.

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 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

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

With reference to the seventh structure located at 1902 Woodell Lane, north Westlake area, Mr. Robinson advised that no action was necessary due to the fact that the structure had already been removed.

With reference to the eighth structure located at 3626 Thomas Cole Road, Sulphur industries area, Mr. Robinson stated that the property owner had indicated that she would like to keep one of the three accessory structures.

Ms. Gwen Cole, 4125 Russell Street, Sulphur, appeared before the Police Jury and explained that the house situated on the property had been damaged by Rita but that her cousin was going to rewire it, patch the floor in the kitchen, and fix the roof. Ms. Cole further explained that the house would be moved onto another piece of land where her cousin would live in it. She stated that the accessory building she wanted to keep was one in which she had belongings stored.

Mr. Andrepont asked if said accessory building was damaged in any way, and Ms. Cole stated that it was not. Mr. Robinson advised that the Division of Planning and Development had no problem with her retaining the accessory building.

President Danahay asked if anyone else was present in the audience to address the Police Jury with regard to the structures located at 3626 Thomas Cole Road, Sulphur industries area, and hearing no comments, motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that Ms. Cole be allowed another thirty days, in addition to the thirty days recommended by the staff, to remove the structures on the property, with the exception of the accessory building she wanted to keep; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5064

AN ORDINANCE ordering condemnation and demolition of one manufactured home and two accessory structures on property located at 3626 Thomas Cole Road (W 2/3 of E ½ W ½ SE SE 7.10.9 (6.67 Acs) less 2 Acs sold-4.67 Acs); Tax Assessment No. 00127337, Sulphur Industries area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Gwendolyn Faye Cole.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of March, 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, and it is hereby ordered that the manufactured home and two accessory structures on property located at 3626 Thomas Cole Road (W 2/3 of E ½ W ½ SE SE 7.10.9 (6.67 Acs) less 2 Acs sold-4.67 Acs); Tax Assessment No. 00127337, Sulphur Industries area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Gwendolyn Faye Cole, be demolished and removed within sixty (60) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 2^nd day of March, 2006, and is final unless appealed within five (5) days.

SECTION 2. If the manufactured home and two accessory structures on the premises herein above described in the Parish of Calcasieu, Louisiana, are not demolished and removed within sixty (60) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home and two accessory structures 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 and two accessory structures were situated for the cost of demolishing and removing said manufactured home and two accessory structures, 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 and two accessory structures, 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

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With respect to the ninth structure located at 2737 Bayou D’Inde Road, Sulphur industries area, Mr. Robinson recommended that the structure be condemned and removed within thirty days.

President Danahay asked if anyone was present in the audience to address the Police Jury with regard to this structure and hearing no comments, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Division of Planning and Development be accepted and that the structure located at 2737 Bayou D’Inde Road, Sulphur industries area, be condemned and removed within thirty days; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5065

AN ORDINANCE ordering condemnation and demolition of one house (green w/white trim) on property located at 2737 Bayou D’Inde Road [Comm’l IMPS on Land of Cole Enterprises LLC (W 10 Acs of SE SE 7.10.9]; Tax Assessment No. 01349806, Sulphur Industries area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Gwendolyn Faye Cole.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of March, 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, and it is hereby ordered that the house (green w/white trim) on property located at 2737 Bayou D’Inde Road [Comm’l IMPS on Land of Cole Enterprises LLC (W 10 Acs of SE SE 7.10.9]; Tax Assessment No. 01349806, Sulphur Industries area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Gwendolyn Faye Cole, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 2^nd day of March, 2006, and is final unless appealed within five (5) days.

SECTION 2. If the house (green w/white trim) on the premises herein above described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house 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 house was situated for the cost of demolishing and removing said house, 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 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

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President Danahay stated that discussion would resume on the matter being discussed prior to action on condemnations which had been scheduled for 6:00 p.m.

Mr. Brame asked what would happen if the debris removal in the Deatonville canal was not eligible for reimbursement under federal guidelines. Mr. Chester stated that there had to be a record of legal ownership somewhere. Mr. Gremillion advised that there was a good chance it was private property, but that was something that would have to be determined by a title search, and he pointed out that there were a lot of questions that would have to be answered on each individual piece of property subject to demolition or debris removal before any work could be done. Mr. Gremillion also stated that there was no one present at the meeting on this date who could answer Mr. Brame’s questions until the project was actually turned in and an inspector went out and looked at it.

Mrs. Treme stated that she had asked Mr. Chester to take a look at the possibility of unsafe conditions in area cemeteries, particularly Big Woods Cemetery in her district. She further stated that volunteers had been doing the best they could, but there were certain things that would be very difficult for Boy Scouts to do. Mrs. Treme asked if a decision had been made about clean-up of cemeteries.

Mr. Chester replied that the cemeteries would fall into the second phase of the clean-up which would require a right-of-entry form to be signed. He stated that the Corps had looked at the Big Woods Cemetery in particular and had removed piles of debris that fell under the first phase of the clean-up program, or removal of debris from the public rights-of-way.

With reference to the issue of the Deatonville canal, Mr. McMurry advised that he had just spoken to Mr. Jay Delafield who owned property in said area, and his understanding was that the property owned by these individuals extended to the center of the canal. Mr. McMurry stated that if that was true, those owners would just need to sign a right-of-entry form and meet the remaining criteria for participation in the private property debris removal program. Mr. McMurry further stated that if Mr. Vickers could determine ownership, Mr. Allen Smith, General Counsel, could provide a letter that Mr. Chester would need to establish ownership.

Mr. Collins asked where the public should go to obtain a right-of-entry form, and Mr. Gremillion stated that a public information campaign would be done on this and a location established to come in and apply, but that the public could either call 721-3600 (Division of Planning and Development) or 721-3800 (Office of Homeland Security and Emergency Preparedness) for more information.

Mr. Collins asked what would happen if an existing cemetery was not owned by anyone, to which Mr. Gremillion stated that the Police Jury would have to take action to clean it up.

In answer to a question by Mr. Brame, Mr. Vickers stated that he would investigate the Deatonville Canal ownership question the next day and that he would consult with the title company which was working that area of the Parish as well, and hopefully, an answer could be obtained rather quickly.

Mr. McMurry stated that it was likely that the canal was put in after the land was subdivided and that some of the lots actually backed up to the centerline of the canal. Mr. Gremillion stated that the staff was advocating the clean-up of the Deatonville area by the Corps due to the fact that if it was not, the Police Jury would ultimately have to come back and condemn those properties, with the owner having to pay the cost of removal, instead of utilizing federal money which was currently available.

Mr. Chester assured the Police Jury that the Corps was open to working with the Parish, pointing out that the Corps was currently helping the City of Lake Charles with building files and straightening out ownership records. He pointed out that FEMA had even allowed the Corps to donate some hours for answering phones, mapping, etc., and that the Corps was now waiting on the Parish and had contractors ready to go to work.

Upon motion made by Dr. Mackey, which was duly seconded by Mrs. Griffin 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 2^nd day of March, 2006, that it does hereby reaffirm its desire and intent for the Federal Emergency Management Agency (FEMA) to assist the Parish in funding the Private Property Debris Removal and Demolition Program in Calcasieu Parish, in an effort to continue the clean-up of the devastation caused by Hurricane Rita on September 24, 2005.

THUS DONE AND PASSED on the 2^nd day of March, 2006.

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Ms. Gail Farrar O’Meara, 9500 Big Lake Road, Lake Charles, appeared before the Police Jury at this time and stated that approximately two-thirds of the 50 or 60 homes previously in the Deatonville area were gone. She stated that tree lines were filled with house boats, furniture, roofs, oilfield-related items, etc. swept in on the storm surge of Hurricane Rita and that nothing had been cleaned up except for that which had been cleaned up by residents who had returned to the community after the storm.

Ms. O’Meara stated that as far as the canal was concerned, it was not navigable because of the amount of debris in it and that in her boat slip, there was a bathtub and other items she could not physically remove. She further stated that mud covered everything and that when the water was low, one could see roofs, and she did not know how that all would be picked up. Ms. O’Meara stated that the Parish had cleaned some of the ditches in the area but that a lot of debris still remained in them. She pointed out that a lot of the debris was on property belonging to people who did not know if they were coming back to the area.

Ms. O’Meara stated that the residents of the Deatonville area needed some guidance on what to do about the debris. She advised that she and her husband had lived there 23 years and had taken the risk of living in a coastal area. Ms. O’Meara showed pictures of what the situation looked like in her neighborhood.

Ms. O’Meara asked if she could participate in the private property debris removal program if she signed a right-of-entry form, if her land extended to the middle of canal as was suggested earlier in the meeting.

President Danahay stated that she could, if it was determined that the owners’ land extended to the middle of the canal, and that she would have to go through the entire process required for participation in the program. He further stated that the staff would be working with other governmental agencies to try and help the residents of Deatonville and other areas of the Parish which were in the same predicament.

President Danahay advised that no action was needed on applications for liquor and beer permits, due to the fact that no applications for permits had been received.

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

It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated February 2, 2006.

Motion was made by Mr. Landry, seconded by Mr. Guidry and carried unanimously that the Agenda Committee Report dated February 23, 2006, be approved as follows:

AGENDA COMMITTEE REPORT

February 23, 2006

A meeting of the Agenda Committee was held on Thursday, February 23, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Cornelius “Cornie” Moon presiding, and the following members present:

Mr. Francis Andrepont, Mr. Guy Brame, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Tony Stelly, and Mrs. Sandra J. Treme

Absent: Mr. Brent Clement, Mr. Kevin Guidry, and Mr. Hal McMillin (all out of town)

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, Mr. Jim Vickers, and Mr. Allen Wainwright.

Chairman Moon advised that the purpose of the meeting on this date was to review the proposed agenda for the Regular Meeting of the Police Jury to be held on March 2, 2006.

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

Also, recommendations for appointments to various boards of special service districts were made by members of the Committee.

Mr. Andrepont asked that an item be placed on the next Budget Committee agenda to provide funding for the State Softball Tournament to be held in April in Sulphur.

There being no further business, Chairman Moon declared the meeting to be adjourned.

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Upon motion made by Mr. Manuel, which was duly seconded by Mrs. Griffin and carried unanimously, the Public Works Committee Report dated February 23, 2006, was approved as follows:

PUBLIC WORKS COMMITTEE REPORT

February 23, 2006

______________________________________

A meeting of the Public Works Committee was held on Thursday, February 23, 2006, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Elizabeth Conway Griffin, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mr. Guy Brame, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Cornie Moon, Mr. Tony Stelly, and Mrs. Sandy Treme

Absent: Mr. Brent Clement, Mr. Kevin Guidry, and Mr. Hal McMillin

Said Committee:

1. Received and opened the following bids for Calcasieu Parish Project No. 2006-01 (Overlaying of Various Roads in Calcasieu Parish), as advertised in accordance with law for action to be taken at 5:30 p.m.:

R. E. Heidt Construction Company, Inc. $3,557,571.46

Bessette Development Corporation $3,581,871.88

Prairie Contractors, Inc. $2,949,081.70

NOTE: the Parish Engineer recommended that the low bid in the amount of $2,949,081.70 of Prairie Contractors, Inc. be accepted.

2. Received report from staff and recommended that in accordance with the agreement of Union/Management that the employees’ second “personal holiday” be exchanged for an annual Mardi Gras holiday, and further, that the union contract and the personnel policy manual be amended to include this change. (Mr. Stelly voted against this recommendation.) Subsequent to this action, the Committee also recommended that the Parish Administrator be authorized to administratively allow the removal of the second “personal holiday” to be effective January 1, 2007.

3. Received report from Mr. Peter Naveskey with the U. S. Army Corps of Engineers with reference to debris removal. The public was reminded that February 28, 2006, was the deadline to get debris to the right-of-way for pickup. As of February 22, 2006, the following had been picked up by the Corps: over four million cubic yards of debris, approximately 20,000 stumps and 900 “leaners” (trees and limbs in excess of four inches in diameter), 12,000 white goods (refrigerators and other appliances), and 1,100 e-waste appliances (televisions, microwave ovens, etc.). Mr. Naveskey also reported that the Parish and the City of Lake Charles had recently received FEMA approval for demolition and removal of debris on private property. Mr. Mark Chester, Mr. Naveskey’s replacement, was introduced to the Committee.

4. Received report from Mr. Dick Gremillion, Director of the Office of Homeland Security and Emergency Preparedness, with reference to addressing hazardous waste issues after future disasters wherein he advised that the department was continuing its ongoing efforts to secure the safety of the public in the event of hazardous material spills, chemical leaks, etc.

5. Recommended that action be deferred until the next Public Works Committee meeting on March 30, 2006, relative to SV07-002-06, a request by William and Brenda Foster for a subdivision variance to allow residential development without public road frontage on Secretariat Drive in Ward Seven, so that a document currently being prepared by General Counsel to address these types of requests could be finalized. (The document would include provisions for maintenance of the road and would stipulate that there would be no further re-subdividing of property on the road even if the property was subsequently transferred.) Ms. Brenda Foster appeared before the Committee in support of the subdivision variance. (Police Jury District 12, Mr. Clement) (Voting in favor of this recommendation were Mr. Brame, Mr. Collins, Mr. Danahay, Mr. Guillory, Dr. Mackey, Mr. Manuel, Mr. Moon, Mr. Stelly, and Mrs. Treme. Voting against the recommendation were Mr. Andrepont and Mr. Landry. Mr. Clement, Mr. Guidry, and Mr. McMillin were unable to attend the Committee meeting.)

[The Planning and Zoning Board met on Tuesday, February 14, 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; and 2) that the property not be further re-subdivided. The staff recommended that the request be denied.]

6. Recommended that action be deferred until the next Public Works Committee meeting on March 30, 2006, relative to SV07-003-06, a request by Lori Amico for a subdivision variance to allow residential development without public road frontage on Secretariat Drive in Ward Seven, so that a document currently being prepared by General Counsel to address these types of requests could be finalized. (The document would include provisions for maintenance of the road and would stipulate that there would be no further re-subdividing of property on the road even if the ownership of property was subsequently transferred.) (Police Jury District 12, Mr. Clement) (Voting in favor of this recommendation were Mr. Brame, Mr. Collins, Mr. Danahay, Mr. Guillory, Dr. Mackey, Mr. Manuel, Mr. Moon, Mr. Stelly, and Mrs. Treme. Voting against the recommendation were Mr. Andrepont and Mr. Landry. Mr. Clement, Mr. Guidry, and Mr. McMillin were unable to attend the Committee meeting.)

7. Recommended that a resolution be adopted accepting The Meadows Phase 2 Subdivision located off of Topsy Road in Section 16, Township 8 South, Range 8 West, in Ward One. (Police Jury District 1, Mr. Manuel)

8. Recommended that a resolution be adopted accepting Erin’s Forest Part III Subdivision located off of Lewis Street in Section 22, Township 9 South, Range 10 West, in Ward Four. (Police Jury District 13, Mr. Andrepont)

9. Recommended that the President of the Police Jury be authorized to execute the necessary documents for donation of right-of-way from Samuel Evans, Jr., Austin Peloquin and Mary Peloquin, John Bourque and Susannah Bourque, June M. Key, Joseph Palermo and Karen Palermo, and Clayton Peloquin and Judith Peloquin on John Koonce Road in Ward One. (Police Jury District 2, Mr. Collins)

10. Recommended that the President of the Police Jury be authorized to execute the necessary documents for donation of a 10.0 foot wide utility easement to abut the east side of right-of-way through property owned by Joseph and Karen Palermo on John Koonce Road in Ward One. (Police Jury District 2, Mr. Collins)

11. Recommended that the President of the Police Jury be authorized to execute the necessary documents for expropriation of right-of-way from Joseph A. Arabie and Steven G. Arabie on Red Davis Road in Ward Three on the following described property (Police Jury District 10, Mr. Stelly):

Commencing at the Southeast corner of the North Half of Lot 19 of Dees and Foster Subdivision as recorded in Plat Book 2, Page 13, of the Records of Calcasieu Parish, Louisiana, thence West along the South line of said North Half of Lot 19 a distance of 31.0 feet, thence North 20.0 feet to the intersection of the West Right of Way line of Gulf Highway and the North Right of Way line of Arabie Street, said intersection being the point of beginning, thence West along said North Right of Way line a distance of 179.85 feet, thence North, parallel to the East line of said Lot 19 a distance of 60.0 feet, thence East, parallel to said North Right of Way line of Arabie Road a distance of 183.5 feet to the West Right of Way line of Gulf Highway, thence S 0̊ 07’ 30” E along said West Right of Way line a distance of 38.67 feet, thence S 10̊ 27’ 49” W along said West Right of Way line a distance of 21.68 feet to point of beginning. Contains 0.25 acres, more or less.

12. Recommended that the Parish Administrator be authorized to re-advertise for bids for Calcasieu Parish Project No. 2005-04 (Overlaying of Various Roads in Calcasieu Parish).

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Motion was made by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that Recommendation No. 1 of the Public Works Committee Report as outlined above be approved; whereupon, the recommendation of the Parish Engineer was approved, and the low bid of Prairie Contractors, Inc. in the amount of $2,949,081.70 was accepted for Calcasieu Parish Project No. 2006-01 (Overlaying of Various Roads in Calcasieu Parish), said bids having been received by the Police Jury at the Public Works Committee Meeting on February 23, 2006, and further, the President of the Police Jury was authorized to execute the contract documents and any amendments or modifications thereto in conjunction with Project No. 2006-01.

It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously to approve Recommendation No. 2 of the Public Works Committee as outlined heretofore.

Upon motion made by Mr. Manuel, which was duly seconded by Mrs. Griffin and carried unanimously, Recommendation No. 3 of the Public Works Committee was approved.

Motion was made by Mrs. Griffin and seconded by Dr. Mackey that Recommendation Nos. 4, 5 and 6 of the Public Works Committee be approved as outlined heretofore.

With respect to Recommendation No. 5, Mr. Landry stated that he had voted against this recommendation at the Public Works Committee meeting and would probably do so again at the Public Works Committee meeting on March 30, 2006, but he did not want the applicants for the subdivision variances to have to wait a whole month for preparation of the document by the Police Jury’s General Counsel. He asked if the document had been prepared yet, and Mr. Jeff Cole stated that he would check on that the following day.

Mr. Landry stated that he felt the Police Jury could go ahead and vote on the variances and when the document was completed by General Counsel, the applicants would already have it approved and could sign it then.

Mrs. Lori Amico appeared before the Police Jury with reference to Recommendation No. 6 of the Public Works Committee and in answer to her question, President Danahay advised that Mr. Landry’s suggestion would mean that instead of deferring action until the Public Works Committee meeting on March 30, 2006, the Police Jury would instead act on the variance on this date with the understanding on the property owners’ part that they would sign the agreement when it was finalized by General Counsel.

Mrs. Amico asked if the same two stipulations would remain in place, and President Danahay stated that the applicants would be required to adhere to the two stipulations.

Mr. Amico, husband of Mrs. Lori Amico, then appeared before the Police Jury and stated that their property was a different tract of land than Mr. Alan Owens’ property (for which the Police Jury had granted a variance with the same stipulations on February 2, 2006). He further stated that if they had known of all the trouble that would occur over the property, he and his wife might have not made the decision to purchase it, but that he had a title search done through an attorney, and all it indicated was that they should apply for homestead exemption.

Mrs. Amico began outlining details of the purchase, and President Danahay stated that what they did with the property was their business, but it was sitting on a private road, and the Police Jury had a policy in place that required all roads to be developed to Parish standards before the Police Jury would accept such a road. President Danahay further stated that there were large tracts of land in the Parish that in the past were subdivided without developing the roads to Parish standards and what had happened was that there were multiple owners who wanted the Parish to accept the road(s) in the condition they were in which was why the Parish had initiated the ordinance that property not be subdivided unless the roads situated therein were constructed to Parish standards.

In answer to a question by Mrs. Amico, President Danahay advised that it would be the responsibility of the persons buying property on Secretariat Drive to maintain the road.

Mr. Vickers explained that if the motion on the floor was approved by the Police Jury, the applicants for subdivision variances would be granted permanent status as far as continuing to stay on the property, and the permits issued would be valid, however, the property owners would have to comply with the stipulations. Mr. Vickers suggested that Mr. and Mrs. Amico revisit the attorney who did the title search for their property.

Mr. Amico stated that Mr. Alan Owens had not been required to sign a document prepared by the Parish, and he did not think it was fair that he had to sign one. He further stated that he felt the property owners should be able to agree to fix the road, but he did not feel it was fair for one property owner to have to sign a document that another property owner in the same situation had not been required to sign.

Mr. Vickers explained that the same stipulations had been placed on Mr. Owens as well and that the purpose of the document being prepared by General Counsel was to address these stipulations.

Mr. Andrepont stated that his comments were not directed to the Amicos but that what they were telling the Jury on this date was nothing they had not heard in the past, time after time. He explained that the Police Jury had adopted an ordinance to prevent these types of requests, and he felt the Jury was going to have to “dig its heels in and say ‘this is enough’”. Mr. Andrepont stated that every time the Police Jury approved one of these requests, someone inevitably came along later with the same request. He stated that he had not voted for any of these types of variances, and he would not vote for the ones under discussion on this date because he felt they were a circumvention of the ordinance in place.

Mrs. Amico asked how the seller of the property had been able to get away with what he did in the first place, and Mr. Andrepont stated that he did not know and that the Amicos were victims of someone wanting to sell property. He predicted that sooner or later, someone from the Secretariat Drive area would be asking the Police Jury to hardsurface the road.

Mr. Landry advised that the seller of the land should have built a proper road before selling the property and that the Amicos (and others) had bought property thinking everything was okay when it was not. Mr. Landry stated that he wanted to confirm with the Amicos before they built a house that they understood what it took to maintain a road, and Mr. Amico responded that they had no choice.

Mrs. Griffin amended her motion on the floor, and Dr. Mackey (who seconded the motion) agreed to said amendment, that the recommendation of the Planning and Zoning Board be upheld with respect to the requests for subdivision variances by Lori Amico and by William and Brenda Foster to allow residential development without public road frontage on Secretariat Drive in Ward Seven, with the stipulations that the development adhere to the site plan on file with the Division of Planning and Development, and that the property not be further re-subdivided, subject to finalization of the document being prepared by General Counsel to the Police Jury and signing of same by the property owners on Sec