September 6, 2007

                                                                                    Lake Charles, Louisiana

            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, September 6, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chris E. Landry, President, presiding, and the following members present:

Mesdames Elizabeth Conway Griffin and Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Michael E. Danahay, Kevin Guidry, Tony Guillory, Charles S. Mackey, D.D.S., Hal McMillin, Cornelius “Cornie” Moon, and Tony Stelly

Absent: Mr. Don Manuel (out of town)

            Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Dick Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Allen Smith of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Claude Smart, Parish Engineer; Mr. Gerry Trahan, Director of Facilities Management; Mr. Jim Vickers, Director of Planning and Development; and Mr. Randy Vincent, Director of the Office of Community Services.

            President Landry 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 Landry welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or silenced so they would not interrupt the meeting.

            President Landry announced that a public hearing would be held during the meeting on this date relative to the levy of an ad valorem tax millage within Calcasieu Parish.

            Mr. Tarek Polite, Director of Federal Program Development, and Mr. Calvin Collins, Police Jury liaison to the Housing Department, presented the 2007 Housing Scholarship Award to Ms. Treshonia Reed, a nursing student at Sowela Technical Institute. Mr. Polite explained that the $1,000 award made possible by private donations would be used for tuition, books and supplies, and the purpose of the award was to help a deserving citizen transition from rental assistance to self-sufficiency.

            Ms. Reed thanked God, the jurors, and the Office of Federal Program Development for this opportunity which she said represented a new start for her and a positive example for her daughter. She further stated that this would allow her to become more independent and less dependent on federal housing programs.

            Mr. Polite stated that Mr. Bob Davis of Tri-Star Management Company, LLC had heard about the scholarship program and was present at the meeting to make a donation toward said program. Mr. Davis appeared before the Police Jury and explained that he was very appreciative of the support the Police Jury had given him in bringing affordable housing to the area, i.e., Lake Caroline Subdivision, Delta Crossing in Vinton, etc., and he understood that safe, affordable housing had to be provided in order to break the cycle of poverty. Mr. Davis presented a $2,500 contribution to the scholarship fund, and he introduced Mr. Shawn Broderick who was also present on behalf of Tri-Star Management Company, LLC.

            State Representative Dan Morrish appeared before the Police Jury with reference to his candidacy for State Senate. He congratulated the newest member of the House of Representatives, Mr. Danahay, who recently qualified without opposition for the District 33 seat. Representative Morrish advised that he had been a state representative for the past 11 years, and term limits had prevented him from running again. He further advised that Senator Gerald Theunnisen had also “termed out” and he would be a candidate for Senator Theunnisen’s seat. Representative Morrish pledged to continue working effectively with the Police Jury for the betterment of Louisiana and particularly Southwest Louisiana.

            Certificates of recognition were presented at this time by Mr. Danahay to the players and coaches of the Sulphur Nationals 10 and under team.

            With reference to item numbered 41 on the agenda, which was to receive report from Sheriff Tony Mancuso and Police Chief Don Dixon regarding political signs being damaged and/or stolen, said item being requested by Mr. Collins, Mr. McMurry explained that Chief Dixon was out of town and that Deputy Doug Poole of the Calcasieu Parish Sheriff’s Department was present to answer any questions.

            Deputy Poole advised that an offense report could be filed with any law enforcement agency in the applicable jurisdiction which was then sent to an investigator for follow-up, and ultimately sent to the District Attorney’s Office for an investigation. Deputy Poole stated that vandalizing political signs was a misdemeanor offense but that sometimes the Sheriff’s Office had to choose its battles. He assured Mr. Collins that when a complaint was filed, the normal procedure was to track all leads and to follow-up with an investigation.

            Motion was made by Mr. Moon, seconded by Mrs. Griffin and carried unanimously that the following applications for liquor and beer permits be approved and that issuance of the special events permits as listed be ratified:

WARD III

Cowboy Up Grill & Saloon, LLC

Kimberly Ann Burt – Member

COWBOY UP GRILL & SALOON

520-A Hwy 397

Lake Charles, LA 70615                                   Liquor & Beer                                 135.00

(Calvin Collins’ District)

WARD IV

Jeffrey Dale Benoit d/b/a

B & O KITCHEN & GROCERY

3911 East Burton Street

Sulphur, LA 70663                                           Beer – Pkg.                                       25.00 

(Hal McMillin’s District)

Double G Beverage Barn, LLC

Garland R. White, Jr. – Member

DOUBLE G BEVERAGE BARN

3920 Hwy 27 South

Sulphur, LA 70665                                           Liquor & Beer – Pkg.                         75.00 

(Brent Clement’s District)

        TOTAL REMITTANCE                                         235.00

            Type B permit to allow alcoholic beverages for the special events:

            PHYLLIS LEBLEU MEDICAL BENEFIT

            September 8, 2007

            VFW Post 9933

            2668 Hwy 171 North,   Lake Charles, LA 70611

            Phyllis M. LeBleu - Organizer

            (Calvin Collins’ District)

            Type C permit to allow alcoholic beverages for the special events:

            BON TEMP TRAIL RIDE

            October 5, 6, 7, 2007 

            2297 Evergreen Road, Westlake, LA 70669

            Ricky Prejean - Organizer

            (Hal McMillin’s District)

            FOURTH ANNUAL END OF SUMMER BIKER BASH

        September 13, 14, 15, 2007

            4200 Luke Powers Road, Lake Charles, LA 70615

            John w. Briley, Jr. – Organizer

            (Calvin Collins’ District)

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

            It was moved by Mr. Guillory, seconded by Dr. Mackey and carried unanimously to approve the payment of all current invoices.

            Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Guidry and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated August 2, 2007, were approved, and the reading of same was dispensed with.

             Motion was made by Mr. Clement, seconded by Mr. Moon and carried unanimously that the Agenda Committee Report dated August 30, 2007, be approved as follows:

AGENDA COMMITTEE REPORT

August 30, 2007

             A meeting of the Agenda Committee was held on Thursday, August 30, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Guy Brame presiding, and the following members present:

Mr. Francis Andrepont, Mr. Brent Clement, 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. Hal McMillin, Mr. Cornelius “Cornie” Moon, Mr. Tony Stelly, and Mrs. Sandra J. “Sandy” Treme

Absent: Mr. Don Manuel (out of town)

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

            Chairman Brame 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 September 6, 2007.

            Following review of the items to be considered by the Police Jury on September 6^th, and after recommendations for appointments to various boards of special service districts were made by members of the Committee, it was unanimously recommended that the proposed agenda be accepted as presented by the staff with the following additions:

Presentation of certificates of recognition to the players and coaches of the Sulphur Nationals 10 and under team. (Mr. Danahay)

Consideration of adopting a resolution authorizing the Director of the Division of Planning and Development to meet with Mayor Randy Roach regarding the possibility of a joint service agreement to clean up the Old Rock of Tabernacle Cemetery which is located in the City of Lake Charles. (Mr. Collins)

Receive report from the Division of Planning and Development regarding problems associated with tall grass and junk on adjudicated property about which the purchasers are unable to do anything until the sale goes through all legal requirements and is successfully completed. (Mrs. Griffin)

Receive report from Sheriff Tony Mancuso and Police Chief Don Dixon regarding political signs being damaged and/or stolen. (Mr. Collins)

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

 * * * * * * * * * * * *

            It was moved by Mrs. Griffin, seconded by Mr. Danahay and carried unanimously to approve the Public Works Committee Report dated August 30, 2007, as follows:

PUBLIC WORKS COMMITTEE REPORT

August 30, 2007

______________________________________

            A meeting of the Public Works Committee was held on Thursday, August 30, 2007, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Francis Andrepont, Chairman, presiding and the following members present:

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

            Absent:           Mr. Don Manuel (out-of-town)

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

            Said Committee:

1.         Received and opened the following sealed bids, as advertised in accordance with law for action to be taken at 5:30 p.m., for the Magnolia Building Asbestos Abatement Project:

                                                                                          Unit Price:             Unit Price: ADVF

                        Bidder                         Base Bid                Wall Plaster           & Mobilization

            Robert T. Layton, Sr.               $254,000.00         $20.00/sq. ft.             $4,850.00

            C.S.T. Environmental, Inc.        $138,800.00          $25.00/sq. ft.             $2,000.00

            Horsley Specialties, Inc.          $287,118.00          $56.00/sq. ft.             $3,000.00

2.         Received report from staff with reference to coyote problems that have been reported in the Parish wherein the Committee was advised that the Louisiana Department of Agriculture and Forestry’s policy was that they did not trap animals within the incorporated limits of municipalities nor in heavily-populated areas such as subdivisions due to liability reasons, however, the State did license private nuisance-animal trappers to trap with the permission of the applicable municipality. Mr. Harold Renfro of Beaver Solutions, 222 County Road 894, Cushing, Texas, gave an informational presentation to the Committee on his role and methods as a private nuisance-animal trapper. The Committee recommended that the Police Jury contract with Beaver Solutions to do an assessment of the coyote population near residential areas in south Lake Charles/Ward Three at a cost of up to $1,500.

3.         Received report from staff regarding the Parish’s Long-Term Community Recovery Plan and took same under advisement, with further action, to approve a recovery project priority ranking and adopt a plan, to be taken by the Police Jury at its Regular Meeting on September 6, 2007. This plan would then be submitted to the Louisiana Recovery Authority when it meets in Lake Charles on September 11, 2007.

NOTE: at the September 6th regular meeting of the Police Jury, a public comment period will be included with this item pertaining to the recovery project priority ranking to be approved by the Police Jury.

4.         Received report from staff regarding the replacement of the I-10 Bridge and recommended that Mr. Jim Vickers, Calcasieu Parish’s representative on the Metropolitan Planning Organization (MPO), be instructed to encourage the MPO to meet and vote on this matter as soon as possible and for Mr. Vickers to vote for the option of a 73’ vertical clearance bridge ($125 million) to replace the existing bridge due to cost savings and increased safety versus a 100-foot clearance ($136 million), a 120-foot clearance ($142 million), or a 120-foot clearance with a longer approach ($200 million).

5.         Recommended that a request from the City of Lake Charles be approved for the Parish and the City of Westlake to enter a Joint Services Agreement providing for the lighting of the I-10 Calcasieu River Bridge with costs to be shared on a one-third/one-third/one-third basis by the three entities, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. It was noted that the Parish’s portion was estimated to be $48,362.

6.         Recommended that the request of Mark and Shila Cowart be approved to record the Quail Ridge Subdivision revised plat showing the relocation of the 20 foot drainage easement and 20 foot maintenance easement lying in Lots 22 and 23 of Quail Ridge Subdivision.

NOTE: the previous easements were abandoned by the Police Jury, as per resolution adopted on July 19, 2007, as per plat recorded in Plat Book 27, Page 68 of the records of Calcasieu Parish.

7.         Recommended that a resolution be adopted approving the revised Right-of-Way Preservation Map Thoroughfare Plan to include future improvements for the Pete Seay Road/I-10 Interchange and Frontage Roads.

8.         Recommended that a resolution be adopted approving a Cooperative Endeavor Agreement between the Police Jury and the Louisiana Department of Transportation and Development (DOTD) for the Federal Off-System Bridge Rehabilitation and Replacement Program, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

9.         Recommended that a Memorandum of Understanding be approved between the Calcasieu Parish Animal Services and Adoption Center and the International Fund for Animal Welfare (IFAW) with reference to IFAW’s assistance in identifying and coordinating disaster assistance and animal rescue efforts during a major incident such as a natural or man-made disaster, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

10.       Recommended that the President of the Police Jury be authorized to execute a Drainage Easement and Temporary Construction Servitude from Raleigh and Barbara Newman for Sandia Estates Part 2. (Police Jury District 12, Mr. Clement)

11.        Recommended that the 2007-2009 Capital Improvement Plan be amended to add Johnny Breaux Road in Ward Seven to be paved under the 2002 Sales Tax Plan. (Police Jury District 12, Mr. Clement)

12.       Recommended that the West Maintenance Facility Project be accepted as substantially complete.

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

            Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Danahay and carried unanimously, Recommendation No. 1 of the Public Works Committee was approved and in accordance with the recommendation of the Project Engineer and Staff, the second low bid in the amount of $254,000.00 of Robert T. Layton, Sr. was accepted for the Magnolia Building Asbestos Abatement Project, and further, the President of the Police Jury was authorized to execute the contract documents and any amendments or modifications thereto in conjunction with said project. (It was noted that the low bidder, C.S.T. Environmental, Inc., had submitted verification of errors in their bid in the amount of $138,800, and in accordance with LSA—R.S. 38:2214(3), had asked that their bid be withdrawn.)

            Motion was made by Dr. Mackey, seconded by Mr. McMillin and carried unanimously that Recommendation No. 2 of the Public Works Committee be approved.

            With reference to the foregoing, Mr. Allen Wainwright, Public Works Operations Manager, stated that the staff was producing some tips for pet owners to keep their pets safe from coyote attacks and that this information would be aired on C-Gov.

            With regard to Recommendation No. 3 of the Public Works Committee, Mr. Beam pointed out that a draft of the project priority ranking had been disseminated to the jurors at the Public Works Committee meeting for further study and that the past week had been a public comment period if anyone in the audience wished to comment. Mr. Beam also pointed out that subsequent to the Public Works Committee meeting, it had been determined that CDBG funding could not be used for master planning which was what was entailed in the first priority ranking of “Develop Calcasieu Comprehensive Drainage Program”, and he recommended that said project be dropped from number one to number five on the ranking list.

            Mayor Randy Roach appeared before the Police Jury on behalf of the City of Lake Charles with a request that one-half of the money to be allocated to the Parish be spent on development of the lakefront and, more specifically, the north beach. Mayor Roach stated that the Louisiana Recovery Authority (LRA) was requiring that the projects selected be of some direct benefit to the impacted municipalities and that the direct impact to the City of Lake Charles had been calculated as 62% which would actually be more than the $2.6 million he was requesting. Mayor Roach stated that the plan for lakefront development had been rated number one by the LRA because of the impact it would make for the region as a whole.

            In answer to a question by President Landry, Mayor Roach explained that planned improvements to the north beach included the construction of a community center based on a design conceived by the late-Bob Kleinschmidt prior to his death and would be a two-level facility with a concession stand on the bottom floor and with a meeting room, kitchen, and windows with a view of the lake. Mayor Roach pointed out that it would be right off the interstate and would fit with the rest of the planned development of the lakefront. He pointed out that the community center would have a pier at the front of the building which would extend out into the lake.

            Mr. McMillin stated that construction of America’s Wetland Discovery Center would seem to him to be a high priority, and Mayor Roach stated that the City had already accumulated $1.8 million for that project. He further stated that additional funding would be available through the City’s recently-approved bond election, for a total monetary commitment of $5 million to that particular project, however, the non-profit agencies with which the City was working were not yet ready to contract for construction.

            Mayor Roach also stated that $1 million of the $5 million approved by the voters for economic development had been set aside for the Southwest Louisiana Entrepreneurial Center and that the $2.6 million he was requesting (of CDBG funding) could be utilized for this project but that would have to be voted on by the City Council.

            President Landry asked if anyone else was present in the audience to address the Police Jury with respect to this matter and hearing no comments, motion was made by Mr. Andrepont and seconded by Mr. Moon to establish the following priority ranking for long-term recovery projects and to adopt a resolution outlining this plan:

            Priority Ranking                       Project Name

                        1                                  Construct the SWLA Entrepreneurial Center

                        2                                  Construct America’s Wetland Discovery Center

                        3                                  Revitalize Downtown Lake Charles

                        4                                  Establish Emergency Facilities for Public Safety

                        5                                  Develop Calcasieu Comprehensive Drainage Program

            Mr. Beam pointed out that the Parish would have to formally apply later on for the actual CDBG funding and that the action requested on this date was to rank the projects.

            Mayor Roach stated that out of $200 million, Calcasieu Parish would receive only $5.2 million, and this put everyone in an awkward position in having to choose from some very good projects. He further stated that he would make a statement at the LRA meeting scheduled for September 11, 2007, in Lake Charles that development of the lakefront was the City’s number one priority.

            A vote taken on the motion on the floor carried unanimously; whereupon, the following resolution was adopted:

RESOLUTION

            WHEREAS, Hurricanes Katrina and Rita had a major impact on many parishes in Louisiana that will affect the long-term sustainability of these parishes in regard to economic development, the environment, community development, education, health care, transportation, and other areas; and

            WHEREAS, the Louisiana Recovery Authority (LRA) has been charged with establishing policy and planning for the immediate and long-term recovery of regions of the State affected by Hurricanes Katrina and Rita; and

            WHEREAS, as a part of this effort, the LRA, the Governor, and the Louisiana Legislature have approved an allocation of $200 million of Community Development Block Grant (CDBG) funds for the implementation of long-term community recovery plans in the most heavily affected parishes in the state; and

            WHEREAS, in order to access these funds, affected parishes must formally adopt a recovery plan which was developed with input from citizens and local community leaders and which identifies projects that speed the recovery; and

            WHEREAS, Calcasieu Parish conducted a long-term community recovery plan development process in the aftermath of Hurricane Rita, based on FEMA’s ESF-14 planning model, that included extensive community involvement; and

            WHEREAS, the input received in the long-term community recovery plan development process formed the basis of the vision, strategic goals, and recovery projects included in the plan; and

            WHEREAS, at the request of the LRA, the projects included in the plan have been prioritized, and these projects, along with the entire draft long-term recovery plan, was made available for public comment prior to formal adoption by the Calcasieu Parish Police Jury; and

            WHEREAS, the Calcasieu Parish Police Jury believes the plan, as adopted, represents a comprehensive and effective means to ensure that Calcasieu Parish not only recovers from the impact of Hurricane Rita over the long-term, but also better prepares our communities to withstand the effects of disasters that may occur in the future.

            NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 6^th day of September, 2007, that it does hereby adopt the Calcasieu Parish Long-Term Community Recovery Plan as the official recovery plan for the Parish, a copy of which is attached hereto and hereby made a part of this resolution as if fully set forth herein.

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

            THUS PASSED AND ADOPTED on the 6^th day of September, 2007.

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

            Motion was made by Mr. McMillin and seconded by Mr. Moon to approve Recommendation No. Four of the Public Works Committee which read as follows: Received report from staff regarding the placement of the I-10 Bridge and recommended that Mr. Jim Vickers, Calcasieu Parish’s representative on the Metropolitan Planning Organization (MPO), be instructed to encourage the MPO to meet and vote on this matter as soon as possible and for Mr. Vickers to vote for the option of a 73' vertical clearance bridge ($125 million) to replace the existing bridge due to cost savings and increased safety versus a 100-foot clearance ($136 million), a 120-foot clearance ($142 million), or a 120-foot clearance with a longer approach ($200 million).

            Mr. Hunter Lundy, attorney at law, appeared before the Police Jury on behalf of Friend Ships, Unlimited, and Cal-Cam Recycling, and asked that the Police Jury defer action on this matter so that a compromise could be reached between the Police Jury, the City of Lake Charles, and the Port of Lake Charles insofar as the height of the bridge. Mr. Lundy proposed a compromise of a 90' vertical clearance bridge, pointing out that the five ships owned by Friend Ships could not be retrofitted to clear a 73' bridge and that a 90' bridge would still allow for construction of the proposed overpass/interchange over Sampson Street in Westlake. Mr. Lundy talked about the humanitarian efforts of Friend Ships, particularly after Hurricanes Katrina and Rita in roofing houses and feeding people.

            Mr. Andrepont pointed out that 90' was not one of the heights included in the original study by HNTB Engineering Firm and asked where that number had been derived and whether or not changing it at this point in time would hinder the progress in getting a new bridge built. Mr. Lundy advised that 90' was agreed upon in a study by Dr. Richardson of McNeese State University, in collaboration with Mr. Don Tipton, Executive Director of Friend Ships, to see if the ships could be retrofitted to pass under the new bridge. Mr. Lundy stated that if a compromise could be reached, it would eliminate the need for a Coast Guard hearing. He further stated that once the height of the bridge was lowered (to 73'), no maritime interests could ever be pursued in the area north of I-10 currently being utilized by Friend Ships and Cal-Cam Recycling.

            Mr. McMillin praised the efforts of Friend Ships during the aftermath of Hurricane Rita and stated that while there was no doubt the company was a tremendous asset to the community, that was not the subject of discussion but rather their location. Mr. McMillin spoke of the need to get the bridge built safely and quickly and suggested that a new location be found for Friend Ships, pointing out that he felt the river front was too precious a commodity for industry to be developing there. He further stated that safety was a key component but another factor was that HNTB Engineering had recommended 73', and he did not want to see construction of a new bridge delayed, pointing out that it needed to be the area’s highest priority. Mr. McMillin stated that he was a huge proponent of compromise but if the decision was made to defer, it should not be deferred for longer than a few weeks.

            Mr. Brame stated that he hated to see the decision made to build a 73' bridge and then 10 years later regret that decision. He suggested that this matter be deferred for two weeks, and Mr. McMillin asked Mr. Lundy if he could have information back to the Police Jury in two weeks, in which case he would amend his motion on the floor.

            President Landry asked Mr. McMillin to hold off on offering an amendment due to the fact that there were still a lot of persons wishing to speak on this issue.

            Mr. Clement reiterated Mr. McMillin’s concerns about safety, pointing out that there had been a lot of lives lost on the I-10 bridge over the years and that estimates of the number of accidents involved in raising the height from 73' to 98' was projected to be doubled. Mr. Clement stated that safety would be the main factor in his decision insofar as the height of a replacement bridge.

            In response to questions by Mr. Guidry as to what the impact on North Lake Charles would be if a lower bridge was built, Mr. Lundy stated he did not know of any studies having been done on this but that at 73', some options for use of that property would be eliminated, while a 90' bridge would keep industrial options open for that area.

            Mr. Smart suggested that a representative of HNTB Engineering and Dr. Richardson (of McNeese State University) be invited to give their expertise on this issue, pointing out that public hearings had already been held on the various heights outlined in the report done by HNTB Engineering.

            With respect to an earlier statement by Mr. Lundy, Mr. Smith advised that he could not say for certain whether the Coast Guard would even hold a hearing to try and get a higher bridge built given the fact that the property under discussion had not been used in a long time.

            Mr. Don Tipton, Executive Director of Friend Ships, Unlimited, 1019 North First Avenue, Lake Charles, appeared before the Police Jury at this time and stated that their operation in Lake Charles was called Port Mercy. He spoke of the reasons Friend Ships had settled in Lake Charles, i.e., natural deep water, no need for dredging which saved them millions of dollars, availability of railroad facilities very close by, etc. Mr. Tipton stated that the existing railroad bridge had been built after the naval fleet had left the area, and said bridge had cut off economic development in this particular area.

            Mr. Tipton advised that Friend Ships had five ships, two of which were 40' longer than a football field and seven stories in height. He further advised that Friend Ships provided food for other countries all over the world where people were starving or hurting, as well as hurricane relief, and that none of the volunteers were paid for their services. Mr. Tipton asked the Jury to vote for a 90' bridge so that Friend Ships could retrofit their ships to fit under the bridge and stated that the company wanted to do all it could to reach an amicable compromise.

            Mr. McMillin asked Mr. Tipton if Friend Ships would compromise by moving south of their existing location, to which Mr. Tipton responded by saying that while he could not imagine another place having all of the advantages the current location had, he was willing to move south if that was necessary, but he felt they could come up with a much better compromise if given time.

            Mr. McMillin asked Mr. Tipton if he knew prior to purchasing the property about the options for bridge height, referencing a copy of a memorandum/intradepartmental correspondence dated January 30, 2003, prepared by Mr. Tony M. Ducote, Bridge Engineer Administrator of the Louisiana Department of Transportation and Development (LDOTD) relative to a January 28, 2003, meeting held with Mr. Tipton on his plan to purchase property and relocate Friend Ships’ Headquarters/Office north of the Calcasieu River Bridge wherein the possibility of a 73' bridge was discussed. Mr. Tipton stated that the memorandum was false and that neither he nor Mr. Ducote knew about it (the bridge options) at the time of the meeting. Mr. Tipton further stated that he had already purchased the property when he found out, and he asked (rhetorically) who in their right mind would move their ships and buy property, knowing that the “gate would be closing.”

            Mrs. Griffin asked what the time frame was for a decision to be made in this matter, and Mr. McMurry advised that there was no exact time frame but that the recent tragedy of the bridge collapse in Minnesota might open up some federal funding for bridge repairs/replacement and that those entities which already had projects “on the books” might have a better chance of obtaining the funding.

            Mrs. Griffin stated that everyone understood action needed to be taken “with rapidity”, however, she felt plans should be based on a vision for growth and progress of the Parish. She further stated that she did not want to see a bridge built which would be there for 50 years and then after it was constructed to have all kinds of opportunities pass the Parish by because the bridge was not high enough to be used for purposes to promote that end of Lake Charles. Mrs. Griffin stated that she too was concerned about safety but that she was also concerned about economic development and the future.

            Mr. McMillin amended his motion on the floor, and Mr. Collins (who seconded said motion) accepted the amendment, for the Police Jury to re-hear this issue with all pertinent information that could be gathered, at the next Regular Meeting of the Police Jury on September 20, 2007, and further, that representative(s) of HNTB Engineering Firm be invited to attend this meeting.

            Mr. McMurry suggested that the members of the Metropolitan Planning Organization (MPO) also be invited to attend so they could hear the same dialogue and facts the jurors would be hearing since they (MPO) would ultimately be voting on this issue.

            Mr. McMillin then amended his motion, and Mr. Collins accepted said amendment, to include Mr. McMurry’s suggestion.

            A vote was taken at this time on the motion as amended, said motion being to approve Recommendation No. Four of the Public Works Committee as outlined heretofore, that the Police Jury re-hear this issue with all pertinent information that could be gathered at the next Regular Meeting of the Police Jury on September 20, 2007, that representative(s) of HNTB Engineering Firm be invited to attend this meeting, and finally, that the members of the Metropolitan Planning Organization (MPO) also be invited to attend so they could hear the same dialogue and facts the jurors would be hearing since they (MPO) would ultimately be voting on this issue. The motion carried unanimously.

            Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that Recommendation No. 5 of the Public Works Committee be approved as outlined heretofore; whereupon, the following resolution was adopted:

RESOLUTION

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 6^th day of September, 2007, that it does hereby approve a Joint Services Agreement between the Police Jury, the City of Lake Charles, and the City of Westlake, providing for the lighting of the I-10 Calcasieu River Bridge, with costs to be shared on a one-third/one-third/one-third basis by the three entities, with the Parish’s portion estimated to be $48,362.

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

            THUS DONE AND PASSED on the date above inscribed.

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

            It was moved by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously to approve Recommendation No. 6 of the Public Works Committee.

            Upon motion made by Mr. Danahay, which was duly seconded by Mr. Collins and carried unanimously, Recommendation No. 7 of the Public Works Committee was approved; whereupon, the following resolution was adopted:

RESOLUTION

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 6^th day of September, 2007, that it does hereby approve the revised Right-of-Way Preservation Map Thoroughfare Plan, which is attached hereto and made a part hereof, to include future improvements for the Pete Seay Road/I-10 Interchange and Frontage Roads.

            THUS DONE AND PASSED on the date above inscribed.

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

            Motion was made by Mr. Moon, seconded by Mr. Stelly and carried unanimously that Recommendation No. 8 of the Public Works Committee be approved; whereupon, the following resolution was adopted:

RESOLUTION

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 6^th day of September, 2007, that it does hereby approve a Cooperative Endeavor Agreement between the Police Jury and the Louisiana Department of Transportation and Development (DOTD) for the Federal Off-System Bridge Rehabilitation and Replacement Program.

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

            THUS DONE AND PASSED on the date above inscribed.

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

            It was moved by Mr. McMillin, seconded by Mrs. Griffin and carried unanimously to approve Recommendation No. 9 of the Public Works Committee as previously stated ; whereupon, the following resolution was adopted:

RESOLUTION

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 6^th day of September, 2007, that it does hereby approve a Memorandum of Understanding between the Calcasieu Parish Animal Services and Adoption Center and the International Fund for Animal Welfare (IFAW) with reference to IFAW’s assistance in identifying and coordinating disaster assistance and animal rescue efforts during a major incident such as a natural or man-made disaster.

            BE IT FURTHER 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.

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

            Upon motion made by Mr. Clement, which was duly seconded by Mr. Danahay and carried unanimously, Recommendation No. 10 of the Public Works Committee was approved.

            Motion was made by Mr. Andrepont, seconded by Mr. Clement and carried unanimously that Recommendation No. 11 of the Public Works Committee be approved.

            It was moved by Mr. Brame, seconded by Mr. McMillin and carried unanimously to approve Recommendation No. 12 of the Public Works Committee.

            Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Collins and carried unanimously, the Budget Committee Report dated August 30, 2007, and all recommendations contained therein, was approved as follows:

BUDGET COMMITTEE REPORT

August 30, 2007

______________________________

            A meeting of the Budget Committee was held at 5:00 p.m. on Thursday, August 30, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Hal McMillin, Chairman, presiding and the following members present:

Mr. Brent Clement, Mr. Kevin Guidry, Charles S. Mackey, D.D.S., Mr. Tony Stelly, and Mrs. Sandra J. “Sandy” Treme

Absent: President Chris E. Landry, Ex-Officio

            Also present were Mr. Francis Andrepont, Mr. Tony Guillory, Mr. Cornelius “Cornie” Moon, Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Tammy Bufkin, Mrs. Coleen Clark, Mr. Claude Smart, and Ms. Kathy P. Smith.

            Said Committee:

(1)        Recommended approval of the following requests for funding from the Parish’s Gaming Fund:

            (1.1)     grant in the amount of $21,000 from the Ward One allocation of the Gaming Fund to Community Center and Playground District No. Four of Ward One for road base for parking lot at Senior Center and enhancement of wastewater system, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

            (1.2)     grant in the amount of $10,000 from the Ward Four allocation (District 14) of the Gaming Fund to the Westlake Police Department for the purchase of bulletproof vests, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

            (1.3)     grant in the amount of $3,000 from the Ward Four allocation (District 12) of the Gaming Fund to the Ward Four Marshal’s office for their anti-litter program efforts, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

            (1.4)     grant in the amount of $20,000 from the Ward Four allocation (District 12) of the Gaming Fund to Ward Four Fire Protection District No. Two to assist in the completion of the construction of a fire station off of Beglis Parkway, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

            (1.5)     grant in the amount of $12,000 from the Ward Four allocation (Districts 12 and 13) of the Gaming Fund to the West Calcasieu Cameron Hospital Therapeutic Riding Center for expansion of existing programs, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

            (1.6)     grant in the amount of $15,000 from the Ward Four allocation (District 12) of the Gaming Fund to the Brimstone Museum for enhancement of museum activities and programs, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

            (1.7)     grant in the amount of $180,000 from the Ward Seven allocation of the Gaming Fund to Community Center and Playground District No. Three of Ward Seven for construction of a softball complex, concession stands, and parking, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

            (1.8)     grant in the amount of $25,000 from the Ward Six allocation of the Gaming Fund to the City of DeQuincy for supplemental funding on a project for which the City has applied for funding under the Parish’s Road and Drainage Trust Fund involving Lake Charles Avenue, Center Street, Holly Street, et al.

(2)       Recommended approval of entering into a Joint Services Agreement between the Police Jury, the City of Lake Charles, and the Calcasieu Parish School Board for drainage work in the vicinity of Fairview Elementary School on Highway 14 in Lake Charles, with said entities to contribute one-third of the total cost of said improvements in the amount of $14,462 each, with the Police Jury’s share to come from the Ward Three allocation of the Gaming Fund. 

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

            As a result of the approval of the Budget Committee Report and all recommendations contained therein, the following resolution was adopted:

RESOLUTION

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 6^th day of September, 2007, that it does hereby approve a Joint Services Agreement between the Police Jury, the City of Lake Charles, and the Calcasieu Parish School Board, for drainage work in the vicinity of Fairview Elementary School on Highway 14 in Lake Charles, with said entities to contribute one-third of the total cost of said improvements in the amount of $14,462 each, with the Police Jury’s share to come from the Ward Three allocation of the Gaming Fund.

            BE IT FURTHER 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 and seconded by Mrs. Griffin that a resolution be adopted amending the Fee Schedule approved by the Police Jury on December 7, 2006, utilized by the Division of Planning and Development, to reenact the Mechanical (HVAC) Fees as follows: Less than 5 tons - $40.00, and 5 tons and greater - $60.00. (On December 7, 2006, the Police Jury adopted ordinances implementing the 2006 International Residential Code and the 2006 International Building Code, and fees applicable thereto, and further, the Police Jury approved an amendment that no inspection fees would be charged by the Parish for Mechanical/HVAC inspections until August 15, 2007.)

            A brief discussion was held on Mr. Clement’s concern that the proposed fees were too high. Mrs. Treme stated that there was also another problem in that the writing on the diagrams and instructions for what the citizens needed to do was much too small, and she requested that it be enlarged. Mr. Vickers assured her that the staff always made an effort to assist people and to explain to them what they needed to do.

            Following the discussion, a roll call vote was taken on the motion on the floor, and the result thereon was as follows:

YEAS:Mr. Andrepont, Mr. Brame, Mr. Collins, Mr. Danahay, Mrs. Griffin, Mr. Guidry, Dr. Mackey, Mr. McMillin, Mr. Stelly, and Mrs. Treme

NAYS:Mr. Clement

ABSENT:Mr. Manuel (Messrs. Guillory and Moon were not in the room when this vote was taken.)

NOT VOTING:President Landry

            The vote being ten (in favor) to one (against), President Landry declared the motion as having carried; whereupon, the following resolution was adopted:

RESOLUTION

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 6^th day of September, 2007, that it does hereby amend the Fee Schedule approved by the Police Jury on December 7, 2006, utilized by the Division of Planning and Development, to reenact the Mechanical (HVAC) Fees as follows:

                        Less than 5 tons                                  $40.00

                        5 tons and greater                               $60.00

            THUS DONE AND PASSED on the date above inscribed.

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