September 21, 2006

                                                                                    Lake Charles, Louisiana


            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, September 21, 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 Sandy Treme; and Messrs. Francis Andrepont, Brent Clement, Guy Brame, 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; Mr. Richard Gremillion, Director of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. 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 bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Improvements to Burton Memorial Coliseum Complex, Phase II – Outdoor Arena Demolition, and appropriate action would be taken thereon.

            Mr. McMurry then proceeded to open the following bids:

 

            Bessette Development Corporation                                                      $120,300.00

            Priola Construction Corporation                                                           $333,900.00

            B.D. Keel and Son Construction, LLC                                                     $ 88,102.68

            D & G Construction, LLC                                                                       $139,940.00


            With reference to the bid of B.D. Keel and Son Construction, LLC, Mr. McMurry pointed out that the bid bond submitted with the bid was not a certified or cashier’s check as required and that the staff would need to research and see if the check submitted by said company could be accepted as a bid bond.


            Motion was made by Mr. Andrepont, seconded by Mr. Stelly and carried unanimously that the bids be referred to the staff for final tabulation with further action thereon to be taken by the Police Jury at its regular meeting on October 5, 2006.


            President Danahay advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m. for an oil, gas, and mineral lease on certain tracts of land (1.91 acres) in Creole Acres Subdivision in Section 34, Township 10 South, Range 11 West, in Ward Seven, and appropriate action would be taken thereon.


            Mr. McMurry then proceeded to open the only bid received, that being of Mayne and Mertz, Inc., the details of which are outlined in the following resolution which was adopted upon motion made by Dr. Mackey, seconded by Mr. McMillin and carried unanimously:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 21st day of September, 2006, that it does hereby accept the bid of Mayne & Mertz, Inc., for a mineral lease on the following described property, to-wit:

 

That certain tract of land containing 1.91 acres, more or less, situated in the Southeast Quarter (SE/4) of Section 34, Township 10 South, Range 11 West, Calcasieu Parish, Louisiana, and being more particularly identified as the street known as Shelby Lane and all adjacent and adjoining easements as shown on that plat of survey titled Creole Acres Subdivision and dated November 18, 1996, prepared by W. L. Haymon, Registered Land Surveyor, and recorded in Plat Book 35, Page 2, bearing File No. 2360608 of the conveyance records of Calcasieu Parish, Louisiana.


for a three-year lease with a cash bonus of Four Hundred Seventy Seven and 50/100 Dollars ($477.50) and an annual rental of Four Hundred Seventy Seven and 50/100 Dollars ($477.50) and with the Calcasieu Parish Police Jury to receive twenty five percent (25%) of all oil produced and saved, twenty five percent (25%) of all sulphur produced and saved, and twenty five percent (25%) of all other liquid or gaseous hydrocarbon minerals produced and saved.


            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is hereby authorized to execute the necessary lease contract to consummate this transaction.


        THUS DONE AND PASSED on the date above inscribed.


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


            President Danahay recognized Mr. Jim Crowley, candidate for Secretary of State, as being present in the audience. Mr. Crowley briefly addressed the Police Jury regarding his candidacy and asked for support in the upcoming election on September 30, 2006.


            President Danahay advised that a report would be received at this time from Union Pacific Railroad representatives with reference to the Highway 108 at-grade crossing and the Packinghouse Road crossing signal and gate installation. Mr. Smart stated that he had tried to reach representatives of Union Pacific via e-mail, telephone, and certified mail to invite them to the meeting on this date, but no response had been received from the railroad company.


            Following a brief discussion, motion was made by Mr. Clement, seconded by Mrs. Griffin and carried unanimously that Mr. Danahay, as President of the Police Jury, forward a letter to Union Pacific requesting that a representative of the company attend an upcoming meeting of the Police Jury.


            President Danahay advised that a report would be received at this time from Curtis Delaune, Project Manager with the Army Corps of Engineers, with reference to the Drainage Project Feasibility Study of the Black Bayou, Hippolyte Coulee, Choupique Bayou, and Bayou D’Inde watersheds. Mr. Delaune advised that the study was a three-year, $2 million project for which the Police Jury had agreed to share one-half of the costs with the Corps of Engineers. He further advised that the project had been scheduled to be completed by May of 2008; however, Hurricane Rita had pushed that completion date to December of 2008.


            Mr. Delaune stated that surveys had been completed in June and since that time, the Corps had been able to locate all bridges and drainage obstructions and that they would be needing some additional information in locating pipelines, etc. He further stated that with the data collected, the Corps had produced hydrological information which would be used in determining drainage needs. Mr. Delaune advised that the Corps had been able to produce a draft of a 10-year and 100-year inundation for Gravity Drainage District No. Four of Ward Three and Gravity Drainage District No. Five of Ward Four showing best and worst-case scenarios.


            Mr. Delaune stated that there was still a lot of information to be gathered such as additional surveys in the southwest Lake Charles area, and information on bridges, railroad crossings, drainage pipe size, location of culverts, etc. which would be used in fine tuning some of the models and cost benefit ratios they were preparing for the study. Mr. Delaune also stated that he would need to obtain information such as number and value of residences and businesses to continue with the economic asset portion of the study.


            Mr. Delaune advised that the Parish had previously paid $325,000, and he had recently sent a letter to Mr. Smart asking for the second installment of the Parish’s payment in the amount of $325,000, with the final installment in 2007 of $360,000.


            In answer to a question by Mrs. Griffin, Mr. Delaune stated that determining the type of soil in the areas of the study would help determine how fast the water would drain. He pointed out that the cost of surveys had exceeded what was anticipated due to the effects of Hurricane Rita but that the Corps was hoping to finish the study without increasing the amount to be paid by the Parish, and if they could get information from the Parish regarding the structures, that would help keep them in line with the budgeted amount.


            In answer to a question by Mr. Clement, Mr. Delaune stated that the Corps would help in soliciting funds for whatever improvements would need to be made.


            Mr. Smart stated that he appreciated the work done by Mr. Delaune and while it was a “long shot” to get the improvement projects completed, the study would carry a lot of weight in dictating the need for said improvements. Mr. Smart further stated that hopefully, the study could be completed and the results received pretty quickly, especially with regard to Choupique Bayou.


            Motion was made by Mrs. Treme, seconded by Mrs. Griffin and carried unanimously that the following applications for liquor and beer permits be approved:


WARD I


Punjab Petroleum, Inc.

Khalique Chaudhry – Pres.

DELTA FOOD MART #5

112 Hwy. 171 North

Lake Charles, LA 70611                        Liquor & Beer – Pkg. ‘2007          75.00

(Calvin Collins’ District)



WARD II


Holmwood Grocery, Inc.

Stephen Natali – Pres.

HOLMWOOD GROCERY

5602 Hwy. 14 East

Iowa, LA 70647                                   Liquor & Beer – ‘2007                    135.00

(Tony Stelly’s District)



WARD III


Jimbo’s Quick Stop, Inc.

James J. Pousson – Director

SPOT BAR & GRILL

5402 Common St, Suite B                    Liquor & Beer – ‘2006                    135.00

Lake Charles, LA 70605                       Liquor & Beer – ‘2007                    135.00

(Chris Landry’s District) 


Maxtor, LLC

Lanis J. Viator – Member

BOURBON STREET LOUNGE

5390 Hwy 90 East

Lake Charles, LA 70615                       Liquor & Beer – ‘2007                    135.00

(Calvin Collins’ District)


Allen J. LeJeune d/b/a

L & L PACKAGE LIQUOR

5701 Hwy 90 East

Lake Charles, LA 70601                       Liquor & Beer – ‘2007                    135.00

(Calvin Collins’ District)



WARD V


Starks Memorial Post 4759 VFW

Harold Poole – Quartermaster

STARKS MEMORIAL POST 4759 VFW

4402 Hwy 12

Starks, LA 70661                                Liquor & Beer – ‘2007                    135.00

(Sandy Treme’s District)

 

TOTAL REMITTANCE:                                                     885.00


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


            It was moved by Mr. Andrepont, seconded by Mr. Stelly and carried unanimously to approve payment of all current invoices.


            Upon motion made by Mr. Guillory, which was duly seconded by Mr. McMillin and carried unanimously, the minutes of the Regular Meeting of August 17, 2006, were approved, and the reading of same was dispensed with.


            President Danahay advised that action was needed on EA01-001-06 which was a request by Priola Development and Investment Corporation to allow abandonment of drainage and maintenance easements in Pentangeli Square Phase 1C in Ward One (Police Jury District 1, Mr. Manuel). He further advised that the Planning and Zoning Board had met on Tuesday, September 19, 2006, and voted unanimously to recommend that the request be granted.


            Motion was made by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to EA01-001-06 and that the request be granted; whereupon, the following resolution was adopted:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 21st day of September, 2006, that it does hereby abandon a drainage and maintenance easement located in Pentangeli Square Subdivision - Phase 1B in Ward One of Calcasieu Parish, Louisiana, as requested by Priola Development and Investment Corporation, and recommended by the Calcasieu Parish Planning and Zoning Board, on the property described as:

 

The centerline of a 15 foot wide ditch and right of way commences on the W right of way of North Perkins Ferry Road at a drainage culvert being 1697 feet, more or less, N of the SE cor of S25, T8S, R9W, Calcasieu Parish, Louisiana; thence along said ditch centerline S 71 degs 08’ 40” W 108.4 feet; thence S 80 degs 37’ 43” W 31.85 feet; thence N 37 degs 28’ 07” W 113.96 feet; thence N 18 degs 19’ 00” W 160.08 feet; thence N 40 degs 48’ 36” W 136.25 feet; thence N 30 degs 21’ 11” W 156.53 feet; thence N 47 degs 09’ 05” E 36.51 feet; thence N 0 degs 02’ 10” W 536.08 feet to the S end of a double culvert lying S of the S right of way of Khamiel Drive 565 feet W of the W right of way of North Perkins Ferry Road. Said 15-foot ditch right of way has a 30-foot maintenance easement adjoining and parallel along the N and E sides thereof. The above ditch and easement is shown on Pentangeli Square Subdivision – Phase 1B as per plat recorded in Plat Book 37, page 232, and on Pentangeli Square Subdivision – Phase 1C.


            Easement Abandonment Case EA01-001-06


            THUS PASSED AND ADOPTED on the date above inscribed.


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

            President Danahay advised that action was needed on RZ03-027-06 which was a request by Joel M. and Valerie D. Davidson to rezone from I-1 (Light Industrial) to A-1 (Agricultural) to allow residential development (houses) on Elliott Road in Ward Three (Police Jury District 8, Mr. Brame). He further advised that the Planning and Zoning Board had met on Tuesday, September 19, 2006, and voted unanimously to recommend that the request be granted.


            It was moved by Mr. Brame, seconded by Mr. Moon and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ03-027-06 and to grant the request to rezone; whereupon, the following ordinance was adopted:


ORDINANCE NO. 5153

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Joel M. and Valerie D. Davidson to rezone from I-1 (Light Industrial) to A-1 (Agricultural) to allow residential development (house) on the property described as: Tract A: The S/2 of the W/2 of NE/4 of S14, T11S, R9W and Tract B: The S 20 acres of the S/2 of the NW/4 of S14, T11S, R9W.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 21st day of September, 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 Three of this parish:

 

From I-1 (Light Industrial) to A-1 (Agricultural) to allow residential development (house) on the property described as: Tract A: The S/2 of the W/2 of NE/4 of S14, T11S, R9W and Tract B: The S 20 acres of the S/2 of the NW/4 of S14, T11S, R9W.

 

Zoning Case RZ03-027-06


            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


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

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


RESOLUTION


            WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Citgo Petroleum Corporation to install 1,180 linear feet of steel sheetpile bulkhead as required to replace an existing deteriorated bulkhead. The new structure shall be located parallel to the existing bulkhead the outer edge to extend 6-feet channelward therefrom. Approximately 2,800 cubic yards of hauled-in earthen material would be placed as fill behind the newly constructed bulkhead followed by a concrete cap. Said project is located on the right descending bank of the Calcasieu River at 1044 Highway 108, Lake Charles, in Calcasieu Parish, Louisiana; and


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


            WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.


            NOW THEREFORE,


        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 21st day of September, 2006, that it does hereby indicate no objection to the proposal of Citgo Petroleum Corporation to install 1,180 linear feet of steel sheetpile bulkhead as required to replace an existing deteriorated bulkhead. The new structure shall be located parallel to the existing bulkhead the outer edge to extend 6-feet channelward therefrom. Approximately 2,800 cubic yards of hauled-in earthen material would be placed as fill behind the newly constructed bulkhead followed by a concrete cap. Said project is located on the right descending bank of the Calcasieu River at 1044 Highway 108, 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, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.


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


            THUS PASSED AND ADOPTED on the date above inscribed.


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


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


ORDINANCE NO. 5154


AN ORDINANCE providing for full administration and ownership of property, formerly owned by Melody Music Company, C/O Marjorie M. Peschier Testamentary Executrix, hereinafter referred to as the “Melody Music Site”, to be divested from the Calcasieu Parish Sheriff’s Office through the Tax Collector, herein represented by Sharon Cutrera, as the administering agency to the Calcasieu Parish Police Jury, in accordance with LA R.S. 47:2251 and 2258.


            WHEREAS, the Melody Music Site was adjudicated to the Parish on May 20, 1992, for nonpayment of taxes, and was recorded in the Office of the Calcasieu Parish Clerk of Court on July 13, 1992, for failure to pay taxes, a copy of Calcasieu Parish Clerk of Court Conveyance No. 2135439 being attached hereto and hereby made a part of this ordinance, said property being described as follows: Beg NW cor intersection where the road on S/L Sec. 35.8.13 meets and intersects Hwy 121 in Starks, N 30 ft along W/S Hwy 121 to the partition between the dry goods store now or formerly owned by A.M. Doiron, W 68 ft, etc.


            WHEREAS, the Calcasieu Parish Sheriff’s Office Tax Collector, herein represented by Sharon Cutrera, is now administering for the Parish the Melody Music Site which is located at the Northwest corner of Old River Road and Louisiana Highway 109 in Ward Five of Calcasieu Parish, Louisiana, as shown on the plat which is attached hereto and made a part of this ordinance; and


            WHEREAS, the Police Jury intends to utilize this property for a public purpose by donating said property to Community Center and Playground District No. Five of Ward Five; and


            WHEREAS, in accordance with LA R.S. 47:2258, the Parish intends to claim full ownership and administration over this adjudicated property from a tax sale to be utilized for a public purpose; and


            WHEREAS, there are no impending claims, applications, lawsuits, or other notices for redemption, purchase, or correction of tax sale pending as per the letter dated September 8, 2006, from Rob McCorquodale, Legal Counsel for the Calcasieu Parish Sheriff’s Office, which is attached hereto and made a part of this ordinance.


            NOW, THEREFORE,


        BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 21st day of September, 2006, that in accordance with LSA — R.S. 47:2258(E), the President of the Police Jury is hereby authorized to enter into a contract with the Calcasieu Parish Tax Collector, herein represented by Sharon Cutrera, as the administering agency for the full administration and ownership of property, formerly owned by Melody Music Company, C/O Marjorie M. Peschier Testamentary Executrix, located at the Northwest corner of Old River Road and Louisiana Highway 109 in Ward Five of Calcasieu Parish, said property to be utilized by the Police Jury for a public purpose by donating the property to Community Center and Playground District No. Five of Ward Five.


            BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.


            BE IT FURTHER ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.


        THUS PASSED AND ADOPTED on the date above inscribed.


                                                                                    /s/ Michael E. Danahay, President


/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Secretary


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


            It was moved by Mr. Clement, seconded by Mr. Brame and carried unanimously to approve the recommendations of the Calcasieu Parish Junior Golf Advisory Panel from its August 30, 2006 meeting, as follows:

 

Nominated Mr. Billy Rase of L’auberge du Lac for the Corporate Sponsor Representative vacancy, due to the resignation of Mr. Ray Butgereit;

 

Nominated Mr. Derek Smith and Mr. Stuart Kramer as at-large representative positions which had not previously been filled; and

 

Recommended approval of the acquisition of identification badges and merit bag tags for distribution to Junior Golfers enrolled in the program.


            Upon motion made by Mr. Moon, which was duly seconded by Mrs. Treme and carried unanimously, the following resolution was adopted:


RESOLUTION

 

A RESOLUTION AUTHORIZING ISSUANCE BY THE CALCASIEU PARISH PUBLIC TRUST AUTHORITY OF $15,000,000 OF ITS SINGLE FAMILY MORTGAGE REVENUE BONDS, IN MULTIPLE SERIES, AND PROVIDING FOR OTHER MATTERS WITH RESPECT THERETO.


            WHEREAS, on August 9, 2006, the Calcasieu Parish Public Trust Authority (the “Issuer”) adopted a Notice of Intention to issue not to exceed $60,000,000 of its Single Family Mortgage Revenue Bonds, in multiple series (the “Bonds”); and


            WHEREAS, on September 13, 2006, pursuant to notice, a copy of which is annexed hereto, the Issuer conducted a public hearing to allow all interested persons and elected representatives to express their views with regard to the proposed issuance of the Bonds by the Issuer, in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986 regarding the public approval prerequisite to assure the exemption from federal income taxation of the interest on the Bonds; and


            WHEREAS, no one appeared at the public hearing to ask questions or give statements or comments (pro or con) concerning the Bonds; and


            WHEREAS, on September 21, 2006, the Louisiana State Bond Commission gave preliminary approval and authority to proceed with the development of its single family housing project for Calcasieu Parish, and approval to issue, sell and deliver Single Family Mortgage Revenue Bonds, in multiple series, of the Issuer in the principal amount not to exceed $60,000,000, all in accordance with the provisions of Chapter 2-A of Title 9 of the Louisiana Revised Statutes of 1950, as amended (the “Act”); and


            WHEREAS, the Issuer intends to apply for an allocation from the State of Louisiana Private Activity Bond Cap for calendar year 2006 in an aggregate principal amount of $15,000,000;


            WHEREAS, the Parish of Calcasieu, as the beneficiary of the Calcasieu Parish Public Trust Authority, must approve by resolution all bonds of the Issuer;


            NOW, THEREFORE, BE IT RESOLVED by the Police Jury, the governing authority of the Parish of Calcasieu, Louisiana, as follows:


            SECTION 1. The issuance, sale and delivery by the Calcasieu Parish Public Trust Authority of

its Single Family Mortgage Revenue Bonds, Series 2006B, in an aggregate principal amount not exceeding $15,000,000, is hereby authorized and approved.


            SECTION 2. All other resolutions in conflict herewith be, to the extent of such conflict, and the same are hereby repealed.


            APPROVED AND ADOPTED this 21st day of September, 2006.

 

ATTEST:                                                                    /s/ MICHAEL E. DANAHAY, President

/s/ S. MARK McMURRY, Parish Administrator

& Ex-Officio Secretary


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


            With regard to the foregoing resolution, Mrs. Treme pointed out that the Public Trust Authority’s program was no longer just for first-time home buyers and that the income limits and purchase price amounts had been raised. She stated that this program offered a good interest rate to the home buyer, as well as a grant in the amount of 4% of the purchase price for assistance with down payment and closing costs. Mrs. Treme advised that this was an excellent program for homeowners who had been dislocated because of the hurricane.


            In answer to a question by Mrs. Griffin, Mrs. Treme stated that if interested, citizens could contact a participating lender for more details.


            The hour being 6:00, President Danahay stated that the Police Jury would sit as a Board of Review at this time, as advertised in accordance with law for action to be taken at 6:00 p.m., to hear any protests on current tax assessments, and appropriate action would be taken thereon. He further advised that the review period began September 8, 2006, and ended on September 14, 2006, in the Calcasieu Parish Tax Assessor’s Office.


            Mr. McMurry stated that at this time each year, tax rolls were prepared and notices sent out. He advised that State law provided an opportunity for taxpayers to voice protests against their assessments to the Police Jury as the Board of Review. Mr. McMurry stated that a rather extensive protest was received from Tennessee Gas Pipeline (TGP) and that Mr. Richard Cole, Calcasieu Parish Assessor, had done an excellent job in trying to find the “fairness quotient” in this matter.


            Mr. Cole then appeared before the Police Jury and explained that the TGP protest was an ongoing pipeline dispute which started in other parishes in the State in 1994 and in Calcasieu Parish in 2002. Mr. Cole pointed out that the dispute had gone through the 19th Judicial District Court system, as well as the Court of Appeals, the latter of which had directed that the assessment be recalculated which in turn resulted in a much higher tax assessment for TGP than what they had been charged by the Louisiana Tax Commission.


             Mr. Cole gave a brief explanation of the method for computing assessments which was used by the Louisiana Tax Commission for interstate pipelines (unit method by amount of gas going through the pipeline), as well as the method used by the parish assessors in computing assessments for intrastate pipelines (based on diameter and miles of pipe). He stated that TGP was asking for an assessment in the amount of $900,000 which was much lower than the approximate $1.3 million that was authorized to be assessed.


            Mr. Cole asked that the Police Jury concur with the assessment of the Calcasieu Parish Assessor’s Office with respect to assessment numbers 0947210, 0947164, 0947202, 0947172, 0747688 and 0749486 for tax years 2000 through 2003, both inclusive, as determined by the Parish Assessor, said proposed values being as follows: 2000 – $1,339,655; 2001 – $1,336,299; 2002 – $1,377,829; and 2003 – $1,320,376.


            It was moved by Mrs. Treme, seconded by Mr. Landry and carried unanimously to adopt the following resolution:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 21st day of September, 2006, that it does hereby acknowledge that sitting as a Board of Review on this 21st day of September, 2006, at the appointed hour of 6:00 p.m., to receive protests from taxpayers in Calcasieu Parish, Louisiana, on assessments on the current tax rolls, a written objection was received from Tennessee Gas Pipeline with respect to assessment numbers 0947210, 0947164, 0947202, 0947172, 0747688 and 0749486 for tax years 2000 through 2003, both inclusive, as determined by the Parish Assessor, said proposed values being as follows: 2000 – $1,339,655; 2001 – $1,336,299; 2002 – $1,377,829; and 2003 – $1,320,376.


            BE IT FURTHER RESOLVED that the Calcasieu Parish Police Jury, sitting as a Board of Review, did concur with the assessments previously determined by the Parish Assessor with respect to the foregoing objection and does hereby refer said objection to the Louisiana Tax Commission.


            BE IT FURTHER AND FINALLY RESOLVED that the aforementioned objection as outlined heretofore is attached hereto and made a part hereof.


            THUS PASSED AND ADOPTED on the date above inscribed.


* * * * * * * * * * *


            Mr. Cole stated that Calcasieu Parish should be proud of the fact that it would surpass the $1 billion taxable rate this year. He explained that oil inventory and casino business were both at all-time highs which had in large part made this possible. Mr. Cole stated that new building and new home construction were also at a high level and that most taxing districts would receive an increase in tax revenues this year.


            Mr. McMillin commended Mr. Cole not only for doing an exceptional job as Calcasieu Parish Tax Assessor but for his many contributions to the community as well.


            Motion was made by Mr. Manuel, 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 21st day of September, 2006, that it does hereby authorize the Director of the Office of Homeland Security and Emergency Preparedness (OHSEP) to serve as Parish Program Manager for the 2006 Homeland Security Grant Program.


            BE IT FURTHER AND FINALLY RESOLVED that future adjustments to the Parish’s grant allocation are hereby authorized to be made upon joint signatures of the President of the Police Jury, the Parish Sheriff, and the Parish OHSEP Director.


            THUS DONE AND PASSED on the date above inscribed.


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


            It was moved by Mrs. Treme, seconded by Mr. Andrepont and carried unanimously to adopt the following resolution:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 21st day of September, 2006, that it does hereby approve the Parish’s participation in the Federal Off-System Bridge Rehabilitation and Replacement Program Agreement with Louisiana Department of Transportation and Development, which provides for the replacement of various off-system bridges in accordance with the Parish’s approved priority list.


            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.


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            .Upon motion made by Mr. Clement, which was duly seconded by Mr. Landry 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 21st day of September, 2006, that it does hereby authorize Lancon Engineers, Inc. to perform a feasibility study on the location and configuration of proposed I-10 Service/Economic Development roads, north and south of I-10 from Ruth Street west to Pete Seay Road, as well as an interchange at I-10 and Pete Seay Road.


            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.


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            Motion was made by Mr. Collins, seconded by Mrs. Griffin 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 21st day of September, 2006, that it does hereby authorize the Calcasieu Parish Consortium Workforce Investment Board to apply for Community Development Block Grant (CDBG) Recovery Workforce Training Funds to provide demand-driven, sector-based workforce training programs that will include comprehensive strategies for recruiting, hiring, and retaining a skilled and productive workforce specific to the needs of the hurricane impacted regions and recovery-critical sectors.


            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.


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            It was moved by Mr. Brame, seconded by Mr. Guidry and carried unanimously to adopt the following resolution:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 21st day of September, 2006, that it does hereby authorize the Office of Juvenile Justice Services to submit a grant application in an amount up to $150,000.00 to the Office of Youth Services Grant Pool Funding to provide for prevention and diversion services to at-risk youth and families.


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


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            Following a brief report by Mr. Clement, Chairman of the Budget Committee, motion was made by Mrs. Griffin, seconded by Mr. Stelly and carried unanimously that the Budget Committee Report dated September 21, 2006, and all recommendations contained therein, be approved as follows:


BUDGET COMMITTEE REPORT

September 21, 2006

______________________________


            A meeting of the Budget Committee was held at 4:45 p.m. on Thursday, September 21, 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., Mr. Tony Stelly, Mrs. Sandy Treme, and President Michael E. Danahay, Ex-Officio

 

Absent: None


            Also present were Police Jurors Tony Guillory, Don Manuel, and Cornie Moon, and Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Tammy Bufkin, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, and Mr. Claude Smart.


            Said Committee:

 

(1)        Recommended approval of Cooperative Endeavor Agreements between the Police Jury and the following special service districts for grants from the Gaming Fund in the respective wards in the amounts as listed, and further, recommended that the President of the Police Jury, or his designee, when appropriate, be authorized to execute all documents related thereto:

 

Ward One – Community Center and Playground District No. Four of Ward One – $5,000 for purchase of a metal cargo storage container;

 

Ward One – Moss Bluff Senior Center – $5,000 for purchase of a metal cargo storage container;

 

Ward Four – Ward Four Fire Protection District No. Two – $4,939 for purchase of replacement firefighter gear;

 

Ward Six – Waterworks District No. Seven of Ward Six – $10,000 for construction of new pumping station on Dunn Ferry Road;

 

Ward Eight – Ward Eight Fire Protection District No. Two – $15,000 for purchase of an emergency generator, subject to matching funds in the amount of $15,000 provided by the District;

 

Wards Three and Eight – Waterworks District No. Eight of Wards Three and Eight – $35,771 for purchase of a service truck, mini excavator, three (3) automated flush valves, two (2) handheld meter readers, and radio equipment, subject to matching funds provided by the District (total estimated project cost is $71,541); and

 

Ward Eight – Waterworks District No. Five of Wards Three and Eight – $100,000 for reserve for extension of waterlines to the Manchester area.

 

(2)       Recommended approval of a request from Gravity Drainage District No. Six of Wards Five and Six for $103,545.59 for the purchase of a new trackhoe, with said funding being allocated from the Wards Five and Six Drainage Allocation of the Riverboat Fund, and further, recommended that the President of the Police Jury, or his designee, when appropriate, be authorized to execute all documents related thereto.

 

(3)       Recommended approval of a request from the Town of Vinton for $60,000 for downtown road improvements, subject to receipt from the Town of Vinton of a breakdown of other matching funds and specific project listings, with said funding being allocated from the Parishwide Economic Development Gaming Funds, and further, recommended that the President of the Police Jury, or his designee, when appropriate, be authorized to execute all documents related thereto.


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            Motion was made by Dr. Mackey, seconded by Mr. Collins and carried unanimously that in accordance with the recommendation of the Project Architect, that the low bid, including Alternate Bid Numbers 1 and 2, in the total amount of $267,000.00 of Morgan Roofing Company, Inc. be accepted for 2006 Roofing Replacement at the Calcasieu Judicial Center, the Calcasieu Parish Courthouse, and the Calcasieu Parish District Attorney’s Office, bids for which were received by the Police Jury on September 7, 2006, and further, that the President of the Police Jury be authorized to execute the contract documents and any amendments or modifications thereto in conjunction with said project.


            It was moved by Mr. McMillin, seconded by Mr. Manuel and carried unanimously to accept the low bid, including Alternate Bid Numbers 1, 2 and 3, in the total amount of $259,100.00 of John D. Myers and Associates, Inc., in accordance with the recommendation of the Project Architect, for 2006 Repairs and Upgrades to the Office of Juvenile Justice Services located at 3615 East Prien Lake Road, Lake Charles, bids for which were received by the Police Jury on September 7, 2006, and further, to authorize the President of the Police Jury to execute the contract documents and any amendments or modifications thereto in conjunction with said project.


            Motion was made by Mrs. Treme and seconded by Mr. Brame to defer action until the Police Jury’s regular meeting on October 5, 2006, on proposals received by the Parish Purchasing Agent on September 8, 2006, for shelter management software for use by the Animal Services Department.


            In answer to a question by Mrs. Griffin, Mr. Allen Wainwright, Public Works Operations Director, advised that this software would cost approximately $50,000 which was covered by a grant the Parish had already received and was used to track all animals that came into the Animal Shelter.


            Mrs. Treme asked for a brief report on the process that was used during the hurricane for animal recovery and the difference in how that went with large animals and small animals. Mr. Wainwright explained that during the hurricane, a lot of animals had been left behind for different reasons, and the task at that point became one of reuniting the owner with their animal(s). He pointed out that with most cats and dogs, all they had to work with was a current rabies tag, if the animal had one, however, under State law all horses were required to be micro-chipped. Mr. Wainwright advised that this was not an expensive process and that in the New Orleans area (after Hurricane Katrina), they experienced 100% recovery because of the micro-chips.


            Mr. Wainwright stated that the staff was working with the Animal Services Advisory Committee and one thing that might be presented in the future to the Police Jury was a proposal to require every animal to be micro-chipped. He further stated that at least initially, it appeared that the advantages of this requirement outweighed the disadvantages, particularly in recovery after a storm, and that technology would make it easier to reunite animals with their owners.


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


            Upon motion made by Mr. Collins, which was duly seconded by Mrs. Treme and carried unanimously, the bid of Bolton Ford, Inc., in the amount of $21,118.00 was accepted for purchase of one (1) new 2007 one-half ton extended cab pickup truck for use by the Division of Finance, bids for which were received by the Parish Purchasing Agent on September 18, 2006.


            It was moved by Mr. Manuel, seconded by Mr. Brame and carried unanimously to authorize the Parish Administrator to advertise for bids for Calcasieu Parish Project No. 2006-12 (Hardsurfacing of Various Roads in Calcasieu Parish).


            Motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the Parish Purchasing Agent be authorized to advertise for bids for purchase of one (1) 2007 one-ton single cab, V-8 diesel pick-up truck with a hide-away goose neck hitch, and for one (1) 2007 half-ton, four-door, extended cab pick-up truck with a utility bed, both for use by the Facility Management Department.


            Mr. Moon was granted a point of personal privilege to announce that the Workforce Center on Fifth Avenue in Lake Charles would hold a job fair for military veterans on Thursday, October 5, 2006, from 9:00 a.m. until noon. Mrs. Griffin asked that this be broadcast on C-Gov.


            Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Manuel and carried unanimously, the rules were suspended by a two-thirds majority vote to adopt the following resolution:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 21st day of September, 2006, that it does hereby waive any and all surface rights held by the Parish of Calcasieu on property owned by CPS Properties, LLC, where the Parish of Calcasieu owns a mineral interest, said property being described as:

 

Lot Two (2) of Dobbertin heirs Partition of Block 10 Eddy and Horridge Subdivision, of the South Half of Northeast Quarter and North Half of Southeast Quarter of Section 33, Township 9 South, Range 8 West, as per plat in Book 4, Page 282 less and except portion sold to the State of Louisiana Department of Highways in COB 703 Page 223.


            BE IT FURTHER RESOLVED that in the event of mineral exploration, the Parish still owns the rights to all minerals produced from beneath the property, but it waives the right to go on the property for those exploration purposes, and any minerals would have to be drained from adjacent properties.


            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.


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            Mr. Bryan Beam, Assistant Administrator, announced that he and Mr. Randy Vincent, Director of the Office of Community Services, had attended the State Bond Commission Meeting in Baton Rouge earlier on this date, and the Commission had approved two projects in Calcasieu Parish for capital outlay funds in the amount of approximately $1.1 million dollars, Priorities 2 and 5, for the renovation of Burton Memorial Coliseum and expansion of the Allen August Multi-Purpose Center.


            Motion was made by Mrs. Treme, seconded by Mrs. Griffin and carried unanimously to go into executive session to discuss Lawsuit No. 95-3640 (Ripley et al vs. Police Jury), and Worker Compensation Claim No. WC/LT 45161 (Foraker).


            Following the executive session, the Police Jury reconvened in regular session, and motion was made by Dr. Mackey, seconded by Mr. Landry and carried unanimously to approve the report of legal counsel, as well as recommendations of the administrative liaison group presented during the executive session.


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


                                                                                                /s/ Michael E. Danahay, President


/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Secretary