October 5, 2006

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, October 5, 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:

Mrs. Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Brent Clement, Guy Brame, Calvin Collins, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornie Moon, and Tony Stelly

Absent: Mrs. Elizabeth Conway Griffin (parade) and Mr. Kevin Guidry (out of town)

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of Homeland Security and Emergency Preparedness; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; and Mr. Jim Vickers, Director of Planning and Development.

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

Motion was made by Mr. Collins, seconded by Mr. Moon and carried unanimously that the following applications for liquor and beer permits be approved:

WARD I

Steve Eric Gaudet d/b/a

GILLIS GROCERY & CAFÉ

4199 Hwy 171 N

Lake Charles, LA 70611 Beer – Pkg – ‘2007 25.00

(Don Manuel’s District)

Peto’s Inc.

L.W. Sellers – Pres.

PETO’S

104 Bruce Circle

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

(Don Manuel’s District)

Peto’s Deli, Inc.

L.W. Sellers – Pres.

PETO’S DELI

104-B Bruce Circle

Lake Charles, LA 70611 Beer – ‘2007 35.00

(Don Manuel’s District)

WARD III

Roland Granger d/b/a

GRANGERS SEAFOOD RESTAURANT

2636 Hwy 3059

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

(Calvin Colllins’ District)

McNeese State University

Mark Ethridge – Director

BURTON MEMORIAL COLISEUM

7001 Gulf Hwy

Lake Charles, LA 70607 Liquor & Beer – ‘2007 135.00

(Chris Landry’s District)

WARD IV

Fairways & Greens, LLC

Wendell Christian – Member

BAYOU OAKS COUNTRY CLUB

2300 Bon Vie Drive

Sulphur, LA 70665 Liquor & Beer – ‘2007 135.00

(Brent Clement’s District)

E-Z Mart Stores, Inc.

Stacy Floyd – Sec.

E-Z MART # 282

869 E Houston River Road

Sulphur, LA 70663 Liquor & Beer – Pkg – ‘2007 75.00

(Hal McMillin’s District)

WARD V

E-Z Mart Stores, Inc.

Stacy Floyd – Sec.

E-Z MART # 373

4371 Hwy 12

Starks, LA 70661 Liquor & Beer – Pkg – ‘2007 75.00

(Sandy Treme’s District)

WARD VI

Ronald E. & Jack M. Marcantel d/b/a

TIGERLAND GROCERY & TRUCK STOP

GOLDEN TIGER CASINO

1106 Hwy 12

DeQuincy, LA 70633 Liquor & Beer – ‘2007 135.00

(Sandy Treme’s District)

Ronald E. & Jack M. Marcantel d/b/a

TIGERLAND GROCERY & TRUCK STOP

(C-STORE)

1108 Hwy 12

DeQuincy, LA 70633 Liquor & Beer – Pkg – ‘2007 75.00

(Sandy Treme’s District)

TOTAL REMITTANCE: 900.00

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

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 Dr. Mackey and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated September 7, 2006, were approved, and the reading of same was dispensed with.

Motion was made by Mr. McMillin, seconded by Mr. Manuel and carried unanimously that the Agenda Committee Report dated September 28, 2006, and all recommendations contained therein, be approved as follows:

AGENDA COMMITTEE REPORT

September 28, 2006

A meeting of the Agenda Committee was held on Thursday, September 28, 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. Brent Clement, Mr. Guy Brame, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Kevin Guidry, Mrs. Elizabeth Conway Griffin, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Tony Stelly, and Mrs. Sandra J. Treme

Absent: None

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Coleen Clark, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, Mr. Jimmy 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 October 5, 2006.

Following review of the items to be considered by the Police Jury on October 5^th, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.

The Committee went into executive session to discuss Lawsuit No. 2006-4005 (Busby vs. Police Jury). Following the executive session, the Committee voted to approve the report and recommendation of legal counsel during the executive session on this lawsuit, as well as previous action with regard to the administrative employment agreement.

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

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

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

It was moved by Mr. Moon, seconded by Mr. McMillin and carried unanimously to approve the Public Works Committee Report dated September 28, 2006, as follows:

PUBLIC WORKS COMMITTEE REPORT

September 28, 2006

______________________________________

A meeting of the Public Works Committee was held on Thursday, September 28, 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 C. Griffin, Chairman, presiding and the following members present:

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

Absent: None

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

Said Committee:

1. Recommended that the recommendation of the Planning and Zoning Board be upheld with reference to SV07-009-06 and that the request of Marscha Griffin and Jerry Cezar be granted for a subdivision variance to allow residential development without public road front footage. (Secretariat Drive in Ward Seven, Police Jury District 12, Mr. Clement)

[The Planning and Zoning Board met on Tuesday, September 19, 2006, and voted 9-1 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 a permit must be obtained within 5 days of zoning approval.]

2. Received report from the Division of Planning and Development staff on condemnations, previously approved by the Police Jury, which were disqualified by the Federal Emergency Management Agency (FEMA). (see attached) The Committee recommended that the Parish’s normal procedures for condemnation of buildings and structures (as outlined in Article II, Chapter 6 of the Code of Ordinances of Calcasieu Parish) be followed with respect to the 18 structures disqualified by FEMA under the imminent danger provisions related to clean-up after Hurricane Rita, and further, that if an owner of any of the 18 structures appealed to the Police Jury for leniency, those cases would be dealt with on an individual basis. (Voting in favor of this recommendation were: Mr. Andrepont, Mr. Brame, Mr. Clement, Mr. Collins, Mr. Guidry, Mr. Guillory, Mr. Landry, Dr. Mackey, Mr. Moon, Mr. Stelly, and Mr. Danahay. Voting against the recommendation were: Mr. Manuel, Mr. McMillin, and Mrs. Treme.)

3. Recommended that a resolution be adopted accepting Oak Leaf Forest Part Two Subdivision located off of Oak Leaf Forest Drive in Section 20, Township 10 South, Range 10 West, in Ward Four. (Police Jury District 12, Mr. Clement)

4. Recommended that a resolution be adopted accepting La Place Des Chenes Subdivision located off of Ham Reid Road in Section 26, Township 10 South, Range 9 West, in Ward Three with the stipulation that no fill or encroachment is placed below the 16’ contour for lots 8, 9, 24 and 25, as recommended by the Parish Planning and Zoning Board on May 17, 2005. (Police Jury District 8, Mr. Brame)

5. Recommended that action be deferred for thirty days relative to adopting an ordinance and/or amending existing ordinance(s) pertaining to the holding period for vicious animals, as recommended by the Animal Control Advisory Board, as follows: (Mr. Landry)

“those animals that have a propensity to inflict bodily injury to other animals or humans, as deemed by the director or his/her designated agent, be housed separately and alone for a three (3) day holding period, excluding weekends and holidays.”

NOTE: the current holding period for all animals is five (5) days, excluding weekends and holidays.

6. Received status report from staff with reference to the Highway 108 at-grade crossing and the Packinghouse Road crossing signal and gate installation wherein Mr. Smart advised that unbeknownst to the Parish staff, Union Pacific had issued the right-of-entry to the contractor in mid-August, 2006 for the Highway 108 at-grade crossing. He further advised that R. E. Heidt Construction Company, Inc. had scheduled the work to be done by their sub-contractor, McManus Construction, for the week of October 23, 2006. Mr. Smart stated that after that work was completed, Union Pacific would install the actual crossing, and he recommended that the jurors contact the contractor to make sure the work was done as expeditiously as possible. With regard to the Packinghouse Road crossing signal and gate installation, Mr. Smart advised that Union Pacific would reissue a cost estimate for approval by the Parish, following which the work would commence at that location. The Committee recommended that Mr. Smart’s report and recommendations be approved, and further, that if Union Pacific did not proceed accordingly, that the Police Jury contact the Calcasieu Congressional Delegation for assistance, as per the suggestion of Mr. John Vaughn, former member of the Police Jury. (Police Jury Districts 14 and 15)

7. Recommended that an ordinance be adopted and/or existing ordinance(s) be amended with reference to the following:

7.1 establish a speed limit of 30 mph on Joel Road, from Houston River Road to deadend, in Ward Four (Police Jury District 11, Mrs. Treme); and

7.2 establish “no parking” on Grogan Street, from Opelousas Street to deadend, in Ward Three (Police Jury District 2, Mr. Collins).

8. Recommended that a resolution be adopted accepting Aubrey Drive, located off of Robinson Road in Section 33, Township 11 South, Range 7 West in Ward Two, for future Parish maintenance. (Police Jury District 10, Mr. Stelly)

NOTE: on July 6, 2006, the Police Jury granted a waiver to allow the property owners to construct an aggregate road to Parish subdivision standards which would be maintained by the Parish, with a covenant agreement stipulating that the road would be hardsurfaced within ten years at the property owners’ expense, and if not fulfilled, then the road maintenance by the Parish would cease.

9. Recommended that a resolution be adopted stipulating that the Parish will agree to install and maintain both advance warning signs and pavement markings for the railroad crossing located at Buhler Station Road (DOT No. 329-367J) in Ward Six, in conjunction with the installation of railroad crossing signals by the Federal Highway Administration under the Federal Railroad Safety Program, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. (Police Jury District 14, Mr. McMillin)

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

Upon motion made by Mr. Moon, which was duly seconded by Mr. McMillin and carried unanimously, all recommendations of the Public Works Committee as outlined heretofore were approved; whereupon, the following resolutions and ordinances were adopted:

RESOLUTION

WHEREAS, MMA, Inc., subdivided certain property in Ward Four of Calcasieu Parish, Louisiana, known as Oak Leaf Forest Subdivision Part Two, a subdivision in Section 20, Township 10 South, Range 10 West, Calcasieu Parish, Louisiana; and

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

WHEREAS, said subdivision plat was prepared by D. W. Jessen, Jr., Registered Land Surveyor No. 4646, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on October 11, 2006, and will bear File No. 2778199.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of October, 2006, that it does hereby officially accept the plat of Oak Leaf Forest Subdivision Part Two in Ward Four of Calcasieu Parish, Louisiana, including E. Red Oak Forest Lane and N. Red Oak Forest Lane, located within said subdivision, for future maintenance by the Parish.

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

RESOLUTION

WHEREAS, F. R. J., LLC, subdivided certain property in Ward Three of Calcasieu Parish, Louisiana, known as La Place Des Chenes Subdivision, a subdivision in Section 26, Township 10 South, Range 9 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision plat was prepared by E. Leo Reddoch, Registered Land Surveyor No. 4446, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on October 13, 2006, and will bear File No. 2778614.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of October, 2006, that it does hereby officially accept the plat of La Place Des Chenes Subdivision in Ward Three of Calcasieu Parish, Louisiana, including Chene Blanc Drive and Joli Bois Drive, located within said subdivision, for future maintenance by the Parish.

BE IT FURTHER AND FINALLY RESOLVED that acceptance is based upon the stipulation that no fill or encroachment is placed below the 16' contour for lots 8, 9, 24 and 25, as recommended by the Parish Planning and Zoning Board on May 17, 2005, except in cases where technical difficulties would make it impractical to do so, for which approval must be obtained from the Director of the Division of Planning and Development.

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

ORDINANCE NO. 5155

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a speed limit on Joel Road, from Houston River Road to deadend, in Ward Four of Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION I. Sec. 17-65, Thirty miles per hour, of the Code of Ordinances is amended by including the following roads in the provisions of said section:

- Joel Road, from Houston River Road to deadend, in Ward 4

BE IT FURTHER ORDAINED that effective immediately, no vehicle shall travel in excess of the maximum speed limit established above.

BE IT FURTHER ORDAINED that appropriate signs shall be posted along the roads set forth above, at reasonable intervals, to warn the operators of vehicles of the speed limit herein imposed.

BE IT FURTHER ORDAINED that anyone violating the provisions of this ordinance, upon conviction, shall be fined as provided in Section 1-9 of the Code of Ordinances of Calcasieu Parish, Louisiana.

BE IT FURTHER AND FINALLY ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

This ordinance was adopted on the 5^th day of October, 2006.

/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 5156

AN ORDINANCE amending Sec. 17-126 of Chapter 17, Art. III, Stopping, Standing and Parking, of the Code of Ordinances of Calcasieu Parish, Louisiana, to establish “no parking” on Grogan Street, from Opelousas Street to deadend, in Ward Three of Calcasieu Parish, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

SECTION 1. Sec. 17-126, Prohibited parking on specified streets, of the Code of Ordinances is amended by including the following road in the provisions of said section:

Grogan Street, from Opelousas Street to deadend, in Ward 3

BE IT FURTHER ORDAINED that effective immediately, no vehicle shall park on Grogan Street as heretofore set forth.

BE IT FURTHER ORDAINED that appropriate signs shall be posted along Grogan Street as referred to above, at reasonable intervals, to warn operators of vehicles that parking is prohibited.

BE IT FURTHER ORDAINED that anyone violating the provisions of this ordinance, upon conviction, shall be fined as provided in Section 1-9 of the Code of Ordinances.

BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

THUS PASSED AND ADOPTED on this 5^th day of October, 2006.

/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 5^th day of October, 2006, that it does hereby accept Aubrey Drive, located off of Robinson Road in Section 33, Township 11 South, Range 7 West in Ward Two for future parish maintenance, as recommended by the Division of Engineering and Public Works, subject to a waiver granted by the Police Jury on July 6, 2006, to allow the property owners to construct an aggregate road to Parish subdivision standards which would be maintained by the Parish, with a covenant agreement stipulating that the road would be hardsurfaced within ten years at the property owners’ expense, and if not fulfilled, then the road maintenance by the Parish would cease.

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 5^th day of October, 2006, that it does hereby stipulate that the Parish will agree to install and maintain both advance warning signs and pavement markings for the railroad crossing located at Buhler Station Road (DOT No. 329-367J) in Ward Six, in conjunction with the installation of railroad crossing signals by the Federal Highway Administration under the Federal Railroad Safety Program.

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

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Dr. Mackey, seconded by Mr. Manuel and carried unanimously that the following resolutions be 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, by Ed Nelson to clear and grub an 82 acre tract and strategically place 47,000 cubic yards of on-site earthen material derived through grading operations and dredging of ponds to achieve design elevations required to support the construction of roads, driveways and structure foundations, all as necessary to implement a 194-lot single family residential subdivision. Project implementation would impact approximately 38.4 acres of wetlands. Said project is located adjacent to Beglis Parkway, Sulphur, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Ed Nelson 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 5^th day of October, 2006, that it does hereby indicate no objection to the proposal of Ed Nelson to clear and grub an 82 acre tract and strategically place 47,000 cubic yards of on-site earthen material derived through grading operations and dredging of ponds to achieve design elevations required to support the construction of roads, driveways and structure foundations, all as necessary to implement a 194-lot single family residential subdivision. Project implementation would impact approximately 38.4 acres of wetlands. Said project is located adjacent to Beglis Parkway, Sulphur, in Calcasieu Parish, Louisiana.

BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

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.

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, by The Nature Conservancy Louisiana Field Office to rehabilitate a 210-acre site to a pine flatwood savanna and preserve 270 acres of hardwood bottomland and hardwood-pine habitat. Site rehabilitation would consist of an aggressive prescribed fire program and eliminating obvious sources of excessive drainage/ponding (e.g., roadside ditches, internal plow lines). Implementation of the management program is expected to restore the species rich savanna floral assemblage in existing wetland areas historically common to the Western Terraces within the Calcasieu River basin (Hydrologic Cataloging Unit 08080205). Said project is located along both banks of the Houston River, about 12 miles NW from Sulphur, Parts of Sec 1 and 2, T9S, R12W, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of The Nature Conservancy Louisiana Field Office 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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of October, 2006, that it does hereby indicate no objection to the proposal of The Nature Conservancy Louisiana Field Office to rehabilitate a 210-acre site to a pine flatwood savanna and preserve 270 acres of hardwood bottomland and hardwood-pine habitat. Site rehabilitation would consist of an aggressive prescribed fire program and eliminating obvious sources of excessive drainage/ponding (e.g., roadside ditches, internal plow lines). Implementation of the management program is expected to restore the species rich savanna floral assemblage in existing wetland areas historically common to the Western Terraces within the Calcasieu River basin (Hydrologic Cataloging Unit 08080205). Said project is located on along both banks of the Houston River, about 12 miles NW from Sulphur, Parts of Sec 1 and 2, T9S, R12W, 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.

THUS PASSED AND ADOPTED on the date above inscribed.

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, by The Nature Conservancy Louisiana Field Office to rehabilitate a 150-acre site to a pine flatwood savanna and preserve 10 acres of hardwood bottomland habitat. Site rehabilitation would consist of an aggressive prescribed fire program, eliminating obvious sources of excessive drainage/ponding (e.g., roadside ditches, internal plow lines) and controlling invasives by fire or chemical means. Implementation of the management program is expected to restore the species rich savanna floral assemblage in existing wetland areas historically common to the Western Terraces within the Calcasieu River basin (Hydrologic Cataloging Unit 08080205). The mitigation bank is proposed as a single-user bank specifically for use by Mr. Wallace Nichols. Said project is located along the south bank of the Houston River, about 12 miles NW from Sulphur, Parts of Sec 5, T9S, R11W, in Calcasieu Parish, Louisiana; and

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of October, 2006, that it does hereby indicate no objection to the proposal of The Nature Conservancy Louisiana Field Office to rehabilitate a 150-acre site to a pine flatwood savanna and preserve 10 acres of hardwood bottomland habitat. Site rehabilitation would consist of an aggressive prescribed fire program, eliminating obvious sources of excessive drainage/ponding (e.g., roadside ditches, internal plow lines) and controlling invasives by fire or chemical means. Implementation of the management program is expected to restore the species rich savanna floral assemblage in existing wetland areas historically common to the Western Terraces within the Calcasieu River basin (Hydrologic Cataloging Unit 08080205). The mitigation bank is proposed as a single-user bank specifically for use by Mr. Wallace Nichols. Said project is located along the south bank of the Houston River, about 12 miles NW from Sulphur, Parts of Sec 5, T9S, R11W, in Calcasieu Parish, Louisiana;

THUS PASSED AND ADOPTED on the date above inscribed.

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

It was moved by Mr. Moon, seconded by Mr. Brame and carried unanimously to approve the recommendations of the Director of the Division of Planning and Development in reference to the Surplus Adjudicated Property Sale conducted on September 26, 2006, on the following cases and to adopt an ordinance with respect to each piece of property where applicable:

AP03-197-05 (Church Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $100.00 by Mr. Tony Terry Zackery be accepted.

AP03-243-05 (6^th Street-vacant lot) (Police Jury District 5, Dr. Mackey)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $10,500.00 by Mr. David Papania be accepted.

AP03-329-06 (Louisiana Avenue-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,200.00 by Ms. Gloria E. Schexnayder be accepted.

AP03-331-06 (Kinder Street-vacant lot) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,600.00 by Mr. Alvin J. Joseph be accepted.

AP03-334-06 (N. Boston Alley-vacant lots) (Police Jury District 2, Mr. Collins)

No bids were received; therefore, this property will be readvertised on October’s adjudicated property list.

AP03-335-06 (1^st Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $4,000.00 by Mr. Anand Roy and Mr. Iqbal Mohammad be accepted.

AP03-336-06 (N. Enterprise Boulevard-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,200.00 by Mr. Donald Dean Jackson be accepted.

AP03-337-06 (N. Jake Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $4,000.00 by Mr. Howard Charles Orphey be accepted.

AP03-338-06 (S. Franklin Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $900.00 by Ms. Patsy Rosetta Shelton be accepted.

AP03-339-06 (Martha Street-vacant lot) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,700.00 by Ms. Rosemary C. LeBlanc be accepted.

AP03-344-06 (N. Booker Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,600.00 by First New Life Baptist Church of Lake Charles be accepted.

AP03-345-06 (N. Booker Street-vacant lots) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $4,500.00 by First New Life Baptist Church of Lake Charles be accepted.

AP03-346-06 (N. Booker Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,200.00 by First New Life Baptist Church of Lake Charles be accepted.

AP04-342-06 (Moss Street-vacant lot) (Police Jury District 14, Mr. McMillin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,600.00 by Mr. Elias Cormier, Jr. be accepted.

AP06-340-06 (Bill Phillips Road) (Police Jury District 11, Mrs. Treme)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $11,000.00 by Mr. Ernest Brantley be accepted.

AP06-341-06 (Dunn Ferry Road-vacant lot) (Police Jury District 11, Mrs. Treme)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $500.00 by Mr. Wallace Nichols be accepted.

AP07-343-06 (Stevenson Street) (Police Jury District 12, Mr. Clement)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $5,100.00 by Mr. Douglas Matthew Turner be accepted.

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ORDINANCE NO. 5157

AN ORDINANCE authorizing the Police Jury to declare the property described as: 53% interest in that portion of Lot Nine (9) Block Six (6) of Gill Addition, described as: Commencing 53 feet East of intersection of Louisiana Avenue and Church Street; thence East along South side of Church Street 30 feet; thence South 50 feet; thence West 30 feet; thence North 50 feet; records of Calcasieu Parish, Louisiana; (AP03-197-05; Tax Assessment No. 552364); 1100 Block of Church Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Tony Terry Zackery, his designated agent, or assignee for the consideration of $100.00 (one hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $75.00.

WHEREAS, the Parish of Calcasieu owns property described as: 53% interest in that portion of Lot Nine (9) Block Six (6) of Gill Addition, described as: Commencing 53 feet East of intersection of Louisiana Avenue and Church Street; thence East along South side of Church Street 30 feet; thence South 50 feet; thence West 30 feet; thence North 50 feet; records of Calcasieu Parish, Louisiana; (AP03-197-05; Tax Assessment No. 552364); 1100 Block of Church Street - vacant lot in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and

WHEREAS, a request has been received by the Division of Planning & Development from Mr. Tony Terry Zackery, to purchase said property for the consideration of $100.00 (one hundred dollars) cash, at the time of sale; and

WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and

WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Mr. Tony Terry Zackery, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 5^th day of October, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: 53% interest in that portion of Lot Nine (9) Block Six (6) of Gill Addition, described as: Commencing 53 feet East of intersection of Louisiana Avenue and Church Street; thence East along South side of Church Street 30 feet; thence South 50 feet; thence West 30 feet; thence North 50 feet; records of Calcasieu Parish, Louisiana; (AP03-197-05; Tax Assessment No. 552364); 1100 Block of Church Street - vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Tony Terry Zackery, his designated agent, or assignee for and in consideration of $100.00 (one hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

(1) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the Adjudicated Property Section has been provided a Mortgage and Conveyance Certificate or an equivalent by an abstract company doing business in Calcasieu Parish certifying that an examination of the mortgage and conveyance records of the Clerk of Court of Calcasieu Parish was made to obtain the names and last known addresses of all owners, mortgagees, and other persons who might have vested or contingent interests in the property, or who have filed requests for notice as provided for in LSA-R.S. 47:2261, and a list of those names and addresses is attached to the certification. The written certification shall contain an indemnification and hold harmless clause by the purchaser in favor of the Parish of Calcasieu, its officers, agents and employees if the purchase should fail to request notification to an interested party or should incorrectly identify or locate any interested party.

(2) Purchaser has made written request to the Adjudicated Property Section of the Division of Planning & Development to notify those persons identified above in accordance with LSA-R.S. 33:4720.17 and LSA-R.S. 47:2261 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication requested.

(3) Upon written request from the Adjudicated Property Section of the Division of Planning and Development, the Purchaser shall remit 25% of the purchase price as earnest money to be held in escrow by the Calcasieu Parish Police Jury for application to the purchase price at closing, or to be retained by it in the event Purchaser fails to complete the purchase.

(4) The Adjudicated Property Section of the Division of Planning & Development has provided purchaser with proof of notice, and purchaser has recorded same in the conveyance records of Calcasieu Parish and has provided the Adjudicated Property Section of the Division of Planning & Development a stamped copy of the recorded proof of notice.

(5) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the number of days required by LSA-R.S. 33:4720.17 has elapsed since the above required notice was made or attempted and that the property has not been redeemed by the payment of the taxes owed.

(6) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.

Section 3. If purchaser should fail to complete the requirements of Section 2 A) and B) within sixty (60) days of adoption of this ordinance, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to anyone who shall complete the requirements of Section 2. If all of the requirements of Section 2 are not completed within one year from the date this ordinance is adopted, the authority of the President or Director of Planning and Development to execute an act of cash sale for this property shall cease, and any and all rights of the purchaser to this property shall terminate.

Section 4. This act of sale shall be without any warranty or recourse whatsoever (including warranty of title), even for the return or any reduction of the purchase price, but with subrogation to all rights and actions of warranty the Parish of Calcasieu may have, and shall contain such warranty limitations and other provisions as are required by the Parish Attorney. The Parish of Calcasieu shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.

This ordinance was adopted on the 5^th day of October, 2006.

/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 5158

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 100 ft W of NW Cor intersection Stella and Sixth Sts, W 100.7 ft, N 102 ft, E 85.7 ft, N 48 ft, E 15 ft, S 150 ft to com (Being in Blk 19 Amelia Cormier Sub); (AP03-243-05; Tax Assessment No. 550094); 600 Block of 6^th Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. David Papania, his designated agent, or assignee for the consideration of $10,500.00 (ten thousand five hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Com 100 ft W of NW Cor intersection Stella and Sixth Sts, W 100.7 ft, N 102 ft, E 85.7 ft, N 48 ft, E 15 ft, S 150 ft to com (Being in Blk 19 Amelia Cormier Sub); (AP03-243-05; Tax Assessment No. 550094); 600 Block of 6^th Street - vacant lot in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and

WHEREAS, a request has been received by the Division of Planning & Development from Mr. David Papania, to purchase said property for the consideration of $10,500.00 (ten thousand five hundred dollars) cash, at the time of sale; and

WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and

NOW, THEREFORE,

Section 1. The property described as: Com 100 ft W of NW Cor intersection Stella and Sixth Sts, W 100.7 ft, N 102 ft, E 85.7 ft, N 48 ft, E 15 ft, S 150 ft to com (Being in Blk 19 Amelia Cormier Sub); (AP03-243-05; Tax Assessment No. 550094); 600 Block of 6^th Street - vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. David Papania, his designated agent, or assignee for and in consideration of $10,500.00 (ten thousand five hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

(6) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.

This ordinance was adopted on the 5^th day of October, 2006.

/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 5159

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 11 of Fleischman Place Sub com N/L Lot 1 David Bloch Sub in SE NW 32.9.8, 100 ft W of NE Cor for beg, th W 114 ft, S 57 ft 4 in. E 107 ft S 37 ft E 107 ft, N 58 ft 4 in. W 100 ft N 36 ft to beg; (AP03-329-06; Tax Assessment No. 891134); 100 Block of Louisiana Avenue - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Gloria E. Schexnayder, her designated agent, or assignee for the consideration of $3,200.00 (three thousand two hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 (150.00 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Lot 11 of Fleischman Place Sub com N/L Lot 1 David Bloch Sub in SE NW 32.9.8, 100 ft W of NE Cor for beg, th W 114 ft, S 57 ft 4 in. E 107 ft S 37 ft E 107 ft, N 58 ft 4 in. W 100 ft N 36 ft to beg; (AP03-329-06; Tax Assessment No. 891134); 100 Block of Louisiana Avenue - vacant lot in Ward Three said property having been adjudicated to the Parish for unpaid property taxes; and

WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and

WHEREAS, a request has been received by the Division of Planning & Development from Ms. Gloria E. Schexnayder, to purchase said property for the consideration of $3.200.00 (three thousand two hundred dollars) cash, at the time of sale; and

WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and

WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Ms. Gloria E. Schexnayder, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Lot 11 of Fleischman Place Sub com N/L Lot 1 David Bloch Sub in SE NW 32.9.8, 100 ft W of NE Cor for beg, th W 114 ft, S 57 ft 4 in. E 107 ft S 37 ft E 107 ft, N 58 ft 4 in. W 100 ft N 36 ft to beg; (AP03-329-06; Tax Assessment No. 891134); 100 Block of Louisiana Avenue - vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Ms. Gloria E. Schexnayder, her designated agent, or assignee for and in consideration of $3,200.00 (three thousand two hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following: