Lake Charles, Louisiana

September 21, 2000

The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, September 21, 2000, in the Police Jury Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with the Honorable Charles S. Mackey, D.D.S., President, presiding, and the following members present:

Mesdames Luvertha August, Elizabeth C. Griffin, and Sandra J. Treme; and Messrs.Francis Andrepont, Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chuck Kleckley, Chris Landry, Hal McMillin, Don Manuel, and Cornelius "Cornie" Moon

Absent: None

Also present were Mr. S. Mark McMurry, Parish Administrator; Ms. Gernine Mailhes, Assistant District Attorney; Ms. Kathy Criglow, Recording Secretary; Mrs. Coleen Clark, Executive Secretary; Mr. Jim Vickers, Director of Planning and Development; Mr. Claude Smart, Parish Engineer; Mr. Jerry Milner, Director of Finance; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Bryan Beam, Assistant to the Administrator.

President Mackey called the meeting to order, and the invocation was pronounced by Pastor Jack Buckner which was followed by the Pledge of Allegiance led by Mr. Manuel. The roll was called with the result being as outlined above.

President Mackey advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for an oil, gas, and mineral lease on certain roads in Curtis Wayne Richard Subdivision Parts I and II located in Section 5, Township 11 South, Range 8 West in Ward Three.

Mr. McMurry opened the bid of Mayne & Mertz, Inc. and outlined the details of said bid as set forth in the following resolution which was adopted upon motion made by Mr. Breaux, duly seconded by Mr. Derbonne and carried unanimously:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA,convened in regular session on the 21^stday of September, 2000, that it does hereby accept the bid of Mayne & Mertz, Inc. for a mineral lease on the following described property, to-wit:

Tract No. 1: those certain tracts of land containing in the aggregate 1.88 acres, more or less, situated in the East Half of the Northeast Quarter (E/2 NE/4) of Section 5, Township 11 South, Range 8 West, Calcasieu Parish, Louisiana, and being more particularly described as certain portions of roads or streets shown on a plat of survey of Curtis Wayne Richard Subdivision, Part I; said portions being designated as follows: all of that tract called "proposed road" lying between Lot 1 and Lot 2 of said subdivision, being an extension of "Vickie Lane" (containing 0.15 acre, more or less) and that portion of Vincent Reed Road from its northern boundary on the center line of Gauthier Road (which center lies on the north line of the Northeast Quarter of Section 5, Township 11 South, Range 8 West south to a line which is the western extension of Lot 8 of said subdivision (containing 1.73 acres, more or less); along with all adjacent and adjoining easements, all as shown on a plat of survey entitled Curtis Wayne Richard Subdivision, Part I, dated June 29, 1979, prepared by Philip L. Whitaker and recorded at Book 28, Page 67, bearing File No. 1569851 of the conveyance records of Calcasieu Parish, Louisiana.

Tract No. 2: those certain tracts of land containing in the aggregate 1.38 acres, more or less, situated in the East Half of the Northeast Quarter (E/2 NE/4) of Section 5, Township 11 South, Range 8 West, Calcasieu Parish, Louisiana, and being more particularly described as certain portions of roads or streets situated in Curtis Wayne Richard Subdivision, Part II; said portions being designated as follows: All of Vickie Lane (containing 0.36 acre, more or less); and that portion of Curtis Lane from its northern boundary, being the eastern extension of the northern boundary of Lot 37 of said subdivision, extending South to a line which is the eastern extension of the southern boundary of Lot 43 of said subdivision (containing 1.02 acres, more or less); along with all adjacent and adjoining easements, all as shown on a plat of survey entitled Curtis Wayne Richard Subdivision, Part II, dated May 5, 1986, prepared by Philip L. Whitaker and recorded at Book 32, Page 250, bearing File No. 1941692 of the conveyance records of Calcasieu Parish, Louisiana.

Both tracts containing 3.26 acres, more or less.

for a three-year lease with a cash bonus of Eight Hundred Fifteen and no/100 Dollars ($815.00) and an annual rental of Four Hundred Seven and 50/100 Dollars ($407.50), and with the Calcasieu Parish Police Jury to receive one-fourth (1/4^th) of all oil produced and saved or utilized, one-fourth (1/4^th) of all gas produced and saved or utilized, one-fourth (1/4^th) of all sulphur produced and saved, and one-fourth (1/4^th) of all other liquid or gaseous hydrocarbon minerals produced and saved.

BE IT FURTHER RESOLVED, that the President of the Police Jury be, and he is hereby authorized to execute the necessary lease contract to consummate this transaction.

THUS PASSED AND ADOPTED on the date above inscribed.

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President Mackey advised that no action was necessary on a public hearing which had been scheduled to be held on this date at 6:00 p.m. as a result of notice provided in accordance with Article II-Chapter Six of the Calcasieu Parish Code of Ordinances, to allow the owners of the properties described as follows to show cause as to why the structures on said properties should not be condemned, due to the fact that the structures were removed following notice to the property owners:

•5946 Nobie Lane (Lot 70 of Brigas Acres Part Three Subdivision), South Lake Charles area of Ward Three (One manufactured home), Owner: Sumpter Law Office, c/o Dennis R. Sumpter, 1003 Huntington Street, Sulphur, LA 70663, CED # 92, TA # 00058408 (Police Jury District 8)
•7509 Flounder Drive (Lot 323 of Country Pines North Part Five Subdivision), South Lake Charles area of Ward Three, Owners: Claren Paul Jones and Virginia O'Quain Jones, 4000 Ernest Street, Lake Charles, LA 70605, CED # 140, TA # 01332822 (Police Jury District 8)

At this time Mrs. Griffin presented a plaque to Ms. Evelyn Taylor in recognition of having recently competed in the Washington State Senior Olympics in Spokane, Washington, and for having won four first place gold medals in shot put, discus, javelin, and long jump, which qualified her to participate in the 2001 National Senior Olympics competition in Baton Rouge in 2001. Mrs. Griffin stated that it was people like Ms. Taylor who gave others the incentive to live life to its fullest. Ms. Taylor thanked the Police Jury for this commendation.

Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that issuance of the following Type C "Special Event" permit be ratified:

PONDEROSA TRAIL RIDERS

Mary B. Joubert, Applicant and Vice-President of Ponderosa Trail Riders

5257 Elliott Road

Lake Charles, LA 70605

October 6, 7 and 8, 2000

(Chuck Kleckley's District)

Motion was made by Mrs. August, seconded by Mrs. Griffin and carried unanimously that the minutes of the regular meeting on August 17, 2000, be approved, and the reading of same was dispensed with.

President Mackey advised that action was needed on Zoning Case RZ03-024-00 which was a request by Cynthia Morrisey to rezone from I-1 (Light Industrial) and R-MHP (Manufactured Home Park) to R-2 (Mixed Residential) to allow residential development (houses) off of Big Lake Road in Ward Three, Police Jury District 9. He further advised that the Planning and Zoning Board had met on Tuesday, September 19, 2000, and had voted unanimously to recommend that the request be granted with the following stipulations: (1) that a postal approved, centralized mailbox be provided within 30 days of zoning approval; (2) that the development adhere to the site plan on file with the Division of Planning and Development; (3) that within 90 days of zoning approval, the existing road be hardsurfaced with calbase material; and (4) that all future extensions of the existing road be hardsurfaced in the same manner.

Motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with reference to Zoning Case RZ03-024-00 and that the request to rezone be granted with the stipulations set forth by the Planning and Zoning Board; whereupon, the following ordinance was adopted):

ORDINANCE NO. 4222

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Cynthia Morissey to rezone from I-1 (Light Industrial) and R-MHP (Manufactured Home Park) to R-2 (Mixed Residential) to allow residential development (houses) on the property off of Big Lake Road in Ward Three described as: S/2 of N/2 of SE/4 of SE/4 of S33, T10S, R9W.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21^stday of September, 2000, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Three of this parish:

From I-1 (Light Industrial) and R-MHP (Manufactured Home Park) to R-2 (Mixed Residential) on the property off of Big Lake Road in Ward Three described as: S/2 of N/2 of SE/4 of SE/4 of S33, T10S, R9W, with the following stipulations: 1) that a postal approved, centralized mailbox be provided within 30 days of zoning approval; 2) that the development adhere to the site plan on file with the Division of Planning and Development; 3) that within 90 days of zoning approval, the existing road be hardsurfaced with calbase material; and 4) that all future extensions of the existing road be hardsurfaced in the same manner.

Zoning Case RZ03-024-00

BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.

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

/s/ Charles S. Mackey, D.D.S., President

/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary

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President Mackey advised that the Planning and Zoning Board had voted to defer action for 30 days with respect to Zoning Case RZ03-027-00 which was a request by D & W Drilling Company, Inc. to rezone from R-2 (Mixed Residential) to I-1 (Light Industrial) to allow parking of equipment for adjacent business (D & W Drilling Company, Inc.) at 3557 Eliza Road in Ward Three, Police Jury District 8.

Motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-027-00 and that action thereon be deferred for thirty days.

President Mackey advised that action was needed on Zoning Case RZ03-026-00 which was a request by Rodney A. Breaux to rezone from R-2 (Mixed Residential) to C-1 (Light Commercial) to allow commercial development (horticultural nursery, dental lab, and professional offices on Nelson Road in Ward Three, Police Jury District 8. He further advised that the Planning and Zoning Board had met on September 19, 2000 and had voted unanimously to recommend that the request be granted with the following stipulations: (1) that all parking and driveways must be hardsurfaced (concrete or asphalt); (2) that the requested right-of-way (0.10 acres) at the corner of Nelson Road and Ham Reid Road (on Tract One) be granted to the Calcasieu Parish Police Jury for future road widening; (3) that the use of Tract Seven be limited to a dental lab; (4) that the use of Tract Nine be limited to a horticultural nursery; and (5) that the use of the remaining tracts be limited to professional offices.

It was moved by Mrs. August and seconded by Mrs. Griffin that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-026-00 and that the request to rezone be granted with the stipulations set forth by the Planning and Zoning Board.

An amendment to the motion was offered by Mr. Kleckley and seconded by Mr. Derbonne that with reference to stipulation number (2) as outlined heretofore, that if the right-of-way deed for the 0.10 acres was not received within two weeks, said property would be excluded from the rezoning. (Subsequent to the meeting, the right-of-way deed was not received within the two-week period stipulated in the amendment to the motion; therefore, the 0.10 acres was excluded from the rezoning.)

A vote taken on the motion as amended carried unanimously; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4223

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Rodney A. Breaux to rezone from R-2 (Mixed Residential) to C-1 (Light Commercial) to allow commercial development (horticultural nursery, dental lab and professional offices) on the property located at Nelson Road in Ward Three, described as: Commencing at a point 205.0 feet South the Northwest corner of Section 36, Township 10 South, Range 9 West, Calcasieu Parish, Louisiana; Thence South 89º 26' 48" East, parallel to the North line of said Section 36, a distance of 355.0 feet; Thence South 0º 44' 06" West, parallel to the West line of said Section 36, a distance of 210.0 feet; Thence North 89º 26' 48" West, parallel to the North line of said Section 36, a distance of 150.0 feet; Thence South 0º 44' 06" West, parallel to the West line of said Section 36, a distance of 923.06 feet to the South line of the Northwest Quarter of the Northwest Quarter of said Section 36; Thence North 89º 23' 28" West, a distance of 205.0 feet to the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 36; Thence North 0º 44' 06" East, along the West line of the said Section 36, a distance of 1132.86 feet to the point of commencement, containing 6.055 acres, more or less, and subject to existing road rights-of-way along the North and West sides thereof.

From R-2 (Mixed Residential) to C-1 (Light Commercial) on the property located at Nelson Road in Ward Three, described as: Commencing at a point 205.0 feet South the Northwest corner of Section 36, Township 10 South, Range 9 West, Calcasieu Parish, Louisiana; Thence South 89º 26' 48" East, parallel to the North line of said Section 36, a distance of 355.0 feet; Thence South 0º 44' 06" West, parallel to the West line of said Section 36, a distance of 210.0 feet; Thence North 89º 26' 48" West, parallel to the North line of said Section 36, a distance of 150.0 feet; Thence South 0º 44' 06" West, parallel to the West line of said Section 36, a distance of 923.06 feet to the South line of the Northwest Quarter of the Northwest Quarter of said Section 36; Thence North 89º 23' 28" West, a distance of 205.0 feet to the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 36; Thence North 0º 44' 06" East, along the West line of the said Section 36, a distance of 1132.86 feet to the point of commencement, containing 6.055 acres, more or less, and subject to existing road rights-of-way along the North and West sides thereof, with the following stipulations: 1) that all parking and driveways must be hardsurfaced (concrete or asphalt); 2) that the use of Tract Seven be limited to a dental lab; 3) that the use of Tract Nine be limited to a horticultural nursery; and 4) that the use of the remaining tracts be limited to professional offices.

Zoning Case RZ03-026-00

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

/s/ Charles S. Mackey, D.D.S., President

/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary

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President Mackey advised that action was needed on Zoning Case RZ08-025-00 which was a request by Toby J. and Stephanie S. Manuel to rezone from A-1 (Agricultural) to C-1 (Light Commercial) to allow a daycare facility at Highway 3059 and Corbello Road in Ward Eight, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, September 19, 2000, and had voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that all drives and parking must be hardsurfaced (concrete or asphalt).

Motion was made by Mrs. Griffin, seconded by Mr. Moon and carried unanimously to uphold the recommendation of the Planning and Zoning Board with reference to Zoning Case RZ08-025-00 and that the request be granted with the stipulations set forth by the Planning and Zoning Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4224

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Toby J. and Stephanie S. Manuel to rezone from A-1 (Agricultural) to C-1 (Light Commercial) to allow a daycare facility on the property located at Highway 3059 and Corbello Road in Ward Eight, described as: Tract A: Com at the SW cor of SE/4 of SE/4 of S8, T9S, R7W, Thence N 140 feet, Thence S 89 degs 41' E 247.50 feet, Thence S 140 feet to the S line of said SE/4 of SE/4, Thence N 89 degs 41' W 247.50 feet to commencement, containing 0.80 acres subject to a 28 foot road right of way along the W side and a 39.9 foot road right of way along the S side. Tract B: Com 140 feet N of the SW cor of SE/4 of SE/4 of S8, T9S, R7W, Thence N along W line of said SE /4 of SE/4 a distance of 100 feet; Thence S 89 degs 41' E 247.50 feet; Thence S 100 feet; Thence N 89 degs 41' W 247.50 feet to POC, containing 0.57 acres subject to a 28 foot road right of way along the W side.

From A-1 (Agricultural) to C-1 (Light Commercial) on the property located at Highway 3059 and Corbello Road in Ward Eight, described as: Tract A: Com at the SW cor of SE/4 of SE/4 of S8, T9S, R7W, Thence N 140 feet, Thence S 89 degs 41' E 247.50 feet, Thence S 140 feet to the S line of said SE/4 of SE/4, Thence N 89 degs 41' W 247.50 feet to commencement, containing 0.80 acres subject to a 28 foot road right of way along the W side and a 39.9 foot road right of way along the S side. Tract B: Com 140 feet N of the SW cor of SE/4 of SE/4 of S8, T9S, R7W, Thence N along W line of said SE /4 of SE/4 a distance of 100 feet; Thence S 89 degs 41' E 247.50 feet; Thence S 100 feet; Thence N 89 degs 41' W 247.50 feet to POC, containing 0.57 acres subject to a 28 foot road right of way along the W side 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 all drives and parking must be hardsurfaced (concrete or asphalt).

Zoning Case RZ08-025-00

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

/s/ Charles S. Mackey, D.D.S., President

/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary

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President Mackey advised that action was needed on Zoning Case RZ04-023-00 which was a request by Palvest, Inc. to rezone from A-1 (Agricultural) to I-2 (Heavy Industrial) to allow a natural gas fueled power generation facility (electric) off of Houston River Road in Ward Four, Police Jury District 13. He further advised that the Planning and Zoning Board had met on Tuesday, September 19, 2000, and voted seven (for) and three (against) to recommend that the request be granted with the following stipulations: (1) that the development adhere to the application and supporting documentation for proposed rezoning of the site for the Acadian Energy Center, which was on file with the Division of Planning and Development; (2) that the rezoning be non-transferable and that it be restricted to Calcasieu Development Company and Enron North America, Inc.; and (3) that the rezoning be subject to Calcasieu Development Company obtaining all required state and federal permits.

Mr. Vickers stated that he thought a request would be forthcoming from Enron North America, Inc. asking for a deferral of up to 120 days in order to select another site for this facility. He explained that Enron had identified a couple of areas in the Parish where the project could be located, and the jurors might wish to hear from said company as to their plans.

Mr. Eric Throde appeared before the Police Jury on behalf of Enron and stated that his company appreciated the 7-3 vote of the Planning and Zoning Board in favor of the rezoning which said company took to be a sign that the members of the board realized the many benefits of the project to Calcasieu Parish. Mr. Throde also stated that Enron had always been a supporter of the community and was committed to supporting the parish; however, in light of the comments made by citizens (in opposition to the project), Enron was asking for a deferral of up to 120 days with an opportunity to ask for an extension at the expiration of the deferral, and additionally, for the right to end the deferral before the completion of the 120 days with 30 days notice.

Mr. Throde explained that even though Enron felt the proposed site was the best site, and perhaps the only site in Calcasieu Parish, the deferral would allow his company the opportunity to again search for land with the amenities a facility such as the one proposed would require, i.e., water, electric power grids, etc., and also to keep Enron from having to terminate the project.

Mr. Derbonne stated that he wanted Enron in Calcasieu Parish, but he wanted to be very emphatic in his statement that if said company came back before the Police Jury with a request to rezone the same piece of property, it would not gain the approval of the Jury.

A roll call vote was taken on the motion on the floor, and the result was as follows:

YEAS: Mr. Andrepont, Mrs. August, Mr. Breaux, Mr. Clement, Mr. Collins, Mr. Danahay, Mrs. Griffin, Mr. Derbonne, Mr. Kleckley, Mr. Landry, Mr. McMillin, Mr. Manuel, Mr. Moon, and Mrs. Treme

NAYS: None

ABSENT: None

NOT VOTING: President Mackey

President Mackey declared the motion as having carried unanimously.

Mr. Andrepont thanked the jurors for their patience in this matter, pointing out that it had been a long and arduous trek. He pointed out that no one had ever stated that they did not want Enron in Calcasieu Parish and that it was a good idea, but a bad location. Mr. Andrepont further stated that he had been elected to represent the majority of District 13, and he thanked the citizens for the opportunity to serve them.

President Mackey declared a five-minute recess and following same, the Police Jury reconvened in regular session. President Mackey advised that PBA Properties, Inc. had withdrawn its application and, therefore, no action was required on Zoning Case RZ03-022-00 which was a request by said company to rezone from A-1 (Agricultural) to I-2 (Heavy Industrial) to allow a natural gas processing station on Lincoln Road in Police Jury District 9. (It was noted that on August 17, 2000, the Police Jury had deferred action for thirty days with regard to this zoning case.)

Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Collins and carried unanimously, the following ordinance was adopted, due to the fact that the improvements as described in said ordinance had been removed from the property by the owner:

ORDINANCE NO. 4225

AN ORDINANCE repealing Ordinance No. 4061, adopted by the Police Jury on January 21, 1999, which ordered demolition of the building or structure on the premises located at 1054 Idlebrook, Lot 10 of Pine Forest Part B Subdivision in Ward One, and owned by Mayo Land Title Company.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21^stday of September, 2000, that it does hereby repeal Ordinance No. 4061, adopted by the Police Jury on January 21, 1999, which ordered demolition of the building or structure on the premises located at 1054 Idlebrook, Lot 10 of Pine Forest Part B Subdivision in Ward One, and owned by Mayo Land Title Company.

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

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

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

/s/ Charles S. Mackey, D.D.S., President

/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary

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It was moved by Mr. Manuel, seconded by Mrs. Griffin 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, and application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by the Calcasieu Parish School Board to clear, grade, and fill for the construction of an elementary school. A preliminary determination shows that approximately 3.3 acres of wetlands will be impacted from the proposed project. The proposed school will be located within an area approximately 660 feet long and 630 feet wide. Approximately 3,100 cubic yards of on-site graded material, 4,500 cubic yards of hauled-in earthen material, and 3,000 cubic yards of limestone will be deposited as fill for the proposed driveway and building foundation. Said project is located off Highway 171 near the intersection of Cline and Malcolm Streets in Lake Charles, Louisiana, in Section 33, Township 9 South, Range 8 West, in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of the Calcasieu Parish School Board 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 Systems; and

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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21^stday of September, 2000, that it does hereby indicate no objection to the proposal of the Calcasieu Parish School Board to clear, grade, and fill for the construction of an elementary school. A preliminary determination shows that approximately 3.3 acres of wetlands will be impacted from the proposed project. The proposed school will be located within an area approximately 660 feet long and 630 feet wide. Approximately 3,100 cubic yards of on-site graded material, 4,500 cubic yards of hauled-in earthen material, and 3,000 cubic yards of limestone will be deposited as fill for the proposed driveway and building foundation. Said project is located off Highway 171 near the intersection of Cline and Malcolm Streets in Lake Charles, Louisiana, in Section 33, Township 9 South, Range 8 West, in Calcasieu Parish, since said project is located within the city limits of the City of Lake Charles.

BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project's effect on current parish ordinances and provisions.

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

THUS PASSED AND ADOPTED on the date above inscribed.

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RESOLUTION

WHEREAS, notification has been received that application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by St. Mary Operating to excavate and place fill to construct and maintain a board road, ring levee, wings, drill site, and appurtenances for a proposed well location. The proposed well site will be located within an area approximately 375 feet long and 300 feet wide. The proposed board road will be located within an area approximately 4,778 feet long and 15 feet wide and will be constructed on an existing logging road and dirt trail. Approximately 1,011 cubic yards of native materials will be excavated and redistributed as fill for the proposed ring levee and 263 cubic yards of earthen material will be deposited as fill for the proposed culverts. Said project is located approximately 9.3 miles northwesterly from Sulphur, Louisiana, in Section 30, Township 9 South, Range 11 West, in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of St. Mary Operating 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 a development permit is 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 21^stday of September, 2000, that it does hereby indicate no objection to the proposal of St. Mary Operating to excavate and place fill to construct and maintain a board road, ring levee, wings, drill site, and appurtenances for a proposed well location. The proposed well site will be located within an area approximately 375 feet long and 300 feet wide. The proposed board road will be located within an area approximately 4,778 feet long and 15 feet wide and will be constructed on an existing logging road and dirt trail. Approximately 1,011 cubic yards of native materials will be excavated and redistributed as fill for the proposed ring levee and 263 cubic yards of earthen material will be deposited as fill for the proposed culverts. Said project is located approximately 9.3 miles northwesterly from Sulphur, Louisiana, in Section 30, Township 9 South, Range 11 West, in Calcasieu Parish, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, and approvals are received from all appropriate state and federal agencies, and further, that a development permit is obtained from the 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 application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Wallace Nichols to fill portions of two parcels to increase elevations for the purpose of developing six residential lots. Three wetland areas will be filled to surrounding elevations using approximately 1,600 cubic yards of hauled-in clay. On Lot R, an existing drainage ditch will be filled using material (approximately 917 cubic yards of native clays and silts) from a new ditch to be excavated along the property line, to a depth of approximately three feet. In addition, the banks of an existing drainage ditch at the property line between Lots V and W will be cleared. Approximately 1.1 acres of wetland and other waters of the U.S. will be impacted through implementation of the project. Said project is located in between Sutherland Road and Indian Bayou in Moss Bluff, Louisiana, in Sections 14 and 23, Township 8 South, Range 9 West, in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Wallace Nichols 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 a development permit is 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 21^stday of September, 2000, that it does hereby indicate no objection to the proposal of Wallace Nichols to fill portions of two parcels to increase elevations for the purpose of developing six residential lots. Three wetland areas will be filled to surrounding elevations using approximately 1,600 cubic yards of hauled-in clay. On Lot R, an existing drainage ditch will be filled using material (approximately 917 cubic yards of native clays and silts) from a new ditch to be excavated along the property line, to a depth of approximately three feet. In addition, the banks of an existing drainage ditch at the property line between Lots V and W will be cleared. Approximately 1.1 acres of wetland and other waters of the U.S. will be impacted through implementation of the project. Said project is located in between Sutherland Road and Indian Bayou in Moss Bluff, Louisiana, in Sections 14 and 23, Township 8 South, Range 9 West, in Calcasieu Parish, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, and approvals are received from all appropriate state and federal agencies, and further, that a development permit is obtained from the Parish Division of Planning and Development prior to commencement of the project.

THUS PASSED AND ADOPTED on the date above inscribed.

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Motion was made by Mr. Manuel, seconded by Mrs. August and carried unanimously that the Director of Planning and Development be authorized to notify the following property owner(s) in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to show cause at a public hearing on October 19, 2000, or the first regular Police Jury Meeting thereafter, as to why the structures on the properties as stipulated should not be condemned:

•3538 H. Broussard Road (South 15 acres of the West Half of the Southwest Corner of the Northeast Quarter of Section 2, Township 9 South, Range 10 West, less 7 acres), Sulphur area in Ward Six (one manufactured home) (Police Jury District 14)

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

RESOLUTION

A RESOLUTION APPROVING THE FORM OF THE SUPPLEMENTAL AND AMENDING JOINT SERVICES AGREEMENT BETWEEN THE CITY OF WESTLAKE, LOUISIANA AND WARD FOUR FIRE PROTECTION DISTRICT NO. THREE OF CALCASIEU PARISH, LOUISIANA, AND AUTHORIZING ITS EXECUTION

WHEREAS, by document entitled "Joint Services Agreement" dated March 31, 1999 (the "Joint Services Agreement"), the District agreed to pay over to the City of Westlake (the "City") the proceeds and avails of its then existing ad valorem millage tax designated for the use, benefit and maintenance of the District, in exchange for which the City agreed to undertake the responsibility of providing fire protection services to the citizens of the District, all in accordance with the terms and provisions of the Joint Services Agreement, or otherwise;

WHEREAS, as a result of the election held within the District on July 15, 2000, both the District and the City wish to exclude from the coverage and application of the Joint Services Agreement any and all proceeds and avails of the ad valorem taxes to be received by the District as a result of said election; and

WHEREAS, on August 7, 2000, the District approved the form of the Supplemental and Amending Joint Services Agreement; and

WHEREAS, on September 5, 2000, the City approved the Supplemental and Amending Joint Services Agreement and authorized its execution;

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, the governing authority of the Parish of Calcasieu, Louisiana, as follows:

SECTION 1: The Supplemental and Amending Joint Services Agreement in form substantially attached as Exhibit "A" is hereby approved.

SECTION 2: The President of this Police Jury be and he is hereby authorized to sign, on behalf of the Police Jury, the Supplemental and Amending Joint Services Agreement in form substantially attached as Exhibit "A", and approved by the Board of Commissioners of Ward Four Fire Protection District No. Three and the City of Westlake, Louisiana.

SECTION 3: Save and except the amendment as herein authorized, the Joint Services Agreement dated March 31, 1999 between the District and the City shall remain unmodified and in full force and effect.

SECTION 4: All resolutions, ordinances, or orders in conflict herewith, be, to the extent of such conflict, and they are hereby repealed.

THUS ADOPTED AND APPROVED on this 21^st day of September, 2000.

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It was moved by Mrs. Griffin, seconded by Mr. Moon and carried unanimously that the following resolution be adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 21^stday of September, 2000, that it does hereby support a partnership between the Office of Juvenile Justice Services, the City of Lake Charles, the Calcasieu Parish School Board, local law enforcement agencies, members of the Leadership Council and the Louisiana Legislature to work towards developing a Truancy Assessment and Service Center, which will provide a central location for assessment and services for truant children.

BE IT FURTHER RESOLVED that the President of the Police Jury is authorized to execute all documents related thereto.

THUS DONE AND PASSED on the date above inscribed.

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Motion was made by Mrs. August, seconded by Mr. Collins and carried unanimously that the Budget Committee Report dated September 21, 2000, be approved as follows:

BUDGET COMMITTEE REPORT

September 21, 2000

A meeting of the Budget Committee was held at 4:45 p.m. on Thursday, September 21, 2000, in the Police Jury Meeting Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Francis Andrepont, Chairman, presiding and the following members present:

Mr. Chuck Kleckley, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mrs. Sandy Treme, and Dr. Charles S. Mackey, Ex-Officio

Absent: None

Also present were Mr. Algie Breaux, Mr. S. Mark McMurry, Ms. Kathy Criglow, Ms. Gernine Mailhes, Mrs. Coleen Clark, Mr. Bryan Beam, and Mr. Gerry Trahan.

Said Committee:

Recommended approval of a Cooperative Endeavor Request from Gravity Drainage District No. Five of Ward Four for funding in the amount of $64,483.00 for the purchase of two spraying trucks and equipment for in-house chemical spray program from the Drainage Improvements allocation of the Riverboat Funding.

Recommended approval of a request from the West Calcasieu Port Harbor and Terminal District for additional funding in the amount of $7.924.00 for the waterline, road, sheet piling, and ramp pad project from the Economic Development and Parishwide Projects allocation of the Riverboat Funding. (On Thursday, June 22, 2000, the Police Jury allocated $225,000 for this project.)
Recommended approval of a request from the City of DeQuincy for a 12-month extension on the completion of the Calgon Carbon Pipeline Project. (On Thursday, September 16, 1999, the Police Jury allocated $250,000 for this project from the Economic Development and Parishwide Projects allocation of the Riverboat Funding. The guidelines of this program require that all projects be completed within 12 months.)
Recommended that the Office of Emergency Preparedness staff be authorized to solicit matching grant funds for the purchase of a trailer to more efficiently facilitate the moving of the parish bulldozer in emergency situations.
Recommended that the staff be authorized to solicit contributions from the community, e.g., the Southwest Louisiana Bar Association, the Historical Preservation Society, etc., to help defray the cost of a lighting fixture (Italian Renaissance decor to blend with the original architecture of the Parish Courthouse) to be installed in Courtroom A of the Courthouse, and further, that the staff report back to the Police Jury for final approval prior to ordering the fixture.

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

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Mr. McMurry pointed out that the Budget Committee had recommended that the staff be authorized to solicit funds to help purchase a lighting fixture for Courtroom A and to come back to the Police Jury for final approval before going forward with the purchase of same.

Upon motion made by Mr. Danahay, which was duly seconded by Mr. Clement and carried unanimously, the following proclamation was issued:

PROCLAMATION

Be it Proclaimed by the Calcasieu Parish Police Jury that Saturday, October 14, 2000, shall be known and remembered as

Maplewood Homecoming Day

in Calcasieu Parish in recognition of the history of Maplewood, known as "Louisiana's Newest Modern Town," established in 1943 to house the families that had relocated to the Calcasieu Parish area to work in the newly completed oil refineries and the petro-chemical industry.Presented on this, the 21^st day of September, 2000.

/s/ Mike Danahay, District 15 /s/ Charles S. Mackey, D.D.S., President

Calcasieu Parish Police Jury Calcasieu Parish Police Jury

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In accordance with bids received by the Parish Purchasing Agent on August 22, 2000, for square-steel tubular sign posts, with unit prices effective for a period of six months, and in accordance with the recommendation of the Division of Engineering, motion was made by Mr. Breaux, seconded by Mr. Manuel and carried unanimously that the respective low bids of Maxistrut, a Division of Channel Track, and Unistrut be accepted for purchase of said square-steel tubular sign posts. (It was noted that action on the bids was deferred by the Police Jury at its regular meeting on September 7, 2000, in order to clarify comments made by Ron Kress with Unistrut who had appeared before the Police Jury on said date concerning the bids. It was determined by the Division of Engineering that freight charges had been included in both bids submitted, and that the award of the bids should not be made to a single vendor, because other items such as pipe, sign blanks, etc. were not awarded in such a manner in an effort to keep the bidding process as competitive as possible. It was also determined that all of the components of the square-steel tubular sign posts were compatible from each supplier as required in order to meet the specifications of the bid.)

Motion was made by Mrs. August, seconded by Mr. McMillin and carried unanimously to accept the bid of Bolton Ford, Inc. in the amount of $36,762.00 for the purchase of two (2) 2001 one-half ton extended cab pickup trucks ($18,381.00 per truck), for use by the Division of Engineering and Public Works (Animal Control Department), said bid having been received by the Parish Purchasing Agent on September 20, 2000.

It was moved by Mrs. Treme, seconded by Mrs. Griffin and carried unanimously to go into executive session to discuss Lawsuit No. 2000-4367 (Arabie vs. Police Jury). Mr. McMurry asked that an additional item be added to the list of items to be discussed in executive session, that being Lawsuit No. 99-5968 (Diana Carter vs. Calcasieu Parish Police Jury and AAA Maintenance). Mrs. Treme included this recommendation in her motion, and Mrs. Griffin accepted same. A vote taken on the motion as amended carried unanimously.

Following the executive session, the Police Jury reconvened in regular session and motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the report given by legal counsel during said executive session be approved and that the following resolutions be adopted:

RESOLUTION

A RESOLUTION providing for the employment of special counsel to handle the representation of the Calcasieu Parish Police Jury in evaluation, preparation, handling hearing(s) and/or defense of its staff, officials, employees, and/or members, relative to their liabilities, responsibilities, and general advice with consultation(s) relative to said Police Jury and its employee(s); to provide for the payment of the fee of said special counsel and to provide for approval thereof by the Attorney General of the State of Louisiana.

WHEREAS, the Calcasieu Parish Police Jury is self-insured on workers compensation claims and liability insurance claims; and

WHEREAS, the Police Jury believes that the employment of special counsel to work contemporaneously with its legal counsel is in the best interest of this Jury and the public, and that a necessity exists; and

WHEREAS, the Calcasieu Parish Police Jury is desirous of employing special counsel to work in conjunction with the District Attorney's Office for the Parish of Calcasieu, in connection with the evaluation, preparation, and specific or general defense of its employees, staff, and Jury members, to include, but not be limited to, court appearances and/or general legal services, including but not limited to, defense of certain 14th Judicial District Court civil suits.

NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 21^st day of September, 2000, that it does hereby authorize employment of special counsel to work contemporaneously with the Police Jury's legal counsel to handle the representation of the Police Jury relative to the defense of the lawsuit entitled:

Arabie vs. 2000-4367 Calcasieu Parish Police Jury

BE IT FURTHER RESOLVED that the Police Jury's Legal Counsel is authorized to retain the services of Mr. Fred Cappel of the firm of Raggio, Cappel, and Chozen, attorneys at law, at a rate of not more than One Hundred Fifteen and no/100 Dollars ($115.00) per hour for legal services, and payment of the fee of said counsel is hereby authorized.

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Attorney General of the State of Louisiana for approval of same.

BE IT FURTHER RESOLVED that this resolution shall be spread upon the minutes of the Police Jury and published in the official journal in accordance with L.S.A.-R.S. 42:263.

* * * * * * * * * *

RESOLUTION

WHEREAS, the Calcasieu Parish Police Jury is self-insured on workers compensation claims and liability insurance claims; and

Diana Carter vs. 99-5968 Calcasieu Parish Police Jury & AAA Maintenance

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Attorney General of the State of Louisiana for approval of same.

BE IT FURTHER RESOLVED that this resolution shall be spread upon the minutes of the Police Jury and published in the official journal in accordance with L.S.A.-R.S. 42:263.

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There being no further business, President Mackey declared the meeting to be adjourned.

Charles S. Mackey, D.D.S., President

S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary