Lake Charles, Louisiana

March 22, 2001

The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, March 22, 2001, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with the Honorable Elizabeth Conway Griffin, President, presiding, and the following members present:

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

Absent: None

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant to the Administrator; Mrs. Coleen Clark, Executive Secretary; Ms. Kathy P. Criglow, Recording Secretary; Mr. Richard Gremillion, Director of Emergency Preparedness; Ms. Cheryl Heisser, Director of Human Resources; Mr. Jeff Cole, of Plauche, Smith, and Nieset, Legal Counsel; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.

President Griffin called the meeting to order, and the invocation was pronounced by Deacon Bud Wagner of Immaculate Cathedral Catholic Church, which was followed by the Pledge of Allegiance led by Mr. Andrepont. The roll was called with the result being as outlined above.

President Griffin advised that sealed 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 the Northeast Quarter of the Northeast Quarter of Section 18, Township 9 South, Range 7 West, in Ward Eight.

Mr. McMurry then proceeded to open the sealed bid of Basin Company, Inc. and read the details of said bid which were incorporated in the following resolution and which was adopted upon motion made by Mrs. August, seconded by Mr. Danahay, and carried unanimously:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of March, 2001, that it does hereby accept the bid of Basin Properties, Inc. for a mineral lease on the following described property, to-wit:

That certain tract or parcel of land containing 4.75 acres, more or less, situated in the Northeast Quarter of the Northeast Quarter (NE/4 NE/4) of Section 18, in Township 9 South, Range 7 West, Calcasieu Parish, Louisiana, and being more particularly identified as Coral Drive, Jade Drive, Emerald Drive, and Chloe Drive and all adjacent and adjoining easements as shown on a plat of survey dated December 8, 1978, prepared by Philip L. Whitaker and recorded in Plat Book 28, Page 2, bearing File No. 1539781 of the Conveyance Records of Calcasieu Parish, Louisiana.

for a three-year lease with a cash bonus of Seven Hundred Twelve and 50/100 Dollars ($712.50) and an annual rental of Seven Hundred Twelve and 50/100 ($712.50), and with the Calcasieu Parish Police Jury to receive one-fifth (1/5^th) of all oil produced and saved or utilized, one-fifth (1/5^th) of all gas produced and saved or utilized, one-fifth (1/5^th) of all sulphur produced and saved, and one-fifth (1/5^th) of all other liquid or gaseous hydrocarbon minerals produced and saved.

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

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Due to the large crowd of people in attendance at the meeting, President Griffin asked for cooperation with the following ground rules: (1) keep noise level down during the meeting; (2) turn cellular phones off; (3) no food or drinks in the courtroom; (4) adhesive stickers to be removed when exiting the room; and (5) requests to appear before the Police Jury to be made by filling out the appropriate request form and submitting it to staff.

Upon motion made by Mr. Andrepont, which was duly seconded by Dr. Mackey and carried unanimously, the following application for a liquor and beer permit was approved, and the issuance of the following "Special Event" permit was ratified:

WARD IV

Shawn L. McDonald d/b/a

TOBY'S NIGHT CLUB

3801 Hwy. 90 West

Westlake, LA 70669 Liquor & Beer $135.00

(Mike Danahay's District)

Type C permit to allow alcoholic beverages for a special event:

Calcasieu Parish Sheriff Posse Trail Riders

April 21 and April 22, 2001

5257 Elliott Road, Lake Charles, Louisiana

Joseph Sidney Pierfax, Jr. - Vice-President

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It was moved by Mr. Andrepont, seconded by Mr. Collins and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated February 15, 2001.

President Griffin advised that action was needed on Zoning Case RZ03-010-01 which was a request by Roger Sandifer to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow a residential dwelling on Airhart Road in Ward Three, Police Jury District 9. She further advised that the Planning and Zoning Board had met on Tuesday, March 20, 2001, 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 the manufactured home be skirted within 90 days of permit issuance.

Motion was made by Mr. Derbonne, seconded by Mrs. August and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-010-01 and that the request to rezone be granted with the stipulations outlined by the Planning and Zoning Board; whereupon, the following resolution was adopted:

ORDINANCE NO. 4249

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Roger Sandifer to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow a residential dwelling on the property described as: Com 60 ft. W of the SW cor of the E Lake Harbor Subdivision, Blk D, S21, T11S, R9W, thence N 166 ft. into a boat canal, thence W 60 ft., thence S 166 ft. to the S line thence E 60 ft. to the POC.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 22^nd day of March, 2001, 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-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow a residential dwelling with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that the manufactured home be skirted within 90 days of permit issuance, on the property described as: Com 60 ft. W of the SW cor of the E Lake Harbor Subdivision, Blk D, S21, T11S, R9W, thence N 166 ft. into a boat canal, thence W 60 ft., thence S 166 ft. to the S line thence E 60 ft. to the POC.

Zoning Case RZ03-010-01

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/ Elizabeth Conway Griffin, President

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

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President Griffin advised that action was needed on Zoning Case RZ04-005-01 which was a request by Brian and Gena Wingate to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to allow a retail manufacturing business (portable buildings) on Estelle Drive in Ward Four, Police Jury District 12. She further advised that the Planning and Zoning Board had met on Tuesday, March 20, 2001, and had voted 9-1 to recommend that the request be granted.

Mr. Vickers recommended that if approved, that the development and usage adhere to the site plan on file with the Division of Planning and Development. Motion was then made by Mr. Andrepont, seconded by Mr. Clement and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ04-005-01 and that the request to rezone be approved with the stipulation that the development and usage adhere to the site plan on file with the Division of Planning and Development; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4250

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Brian and Gena Wingate to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to allow a retail manufacturing business (portable buildings) on the property described as: Lot 41 of Block Two, Waynewood Subdivision and Lot 42 of Block Two of Waynewood Subdivision.

From R-2 (Mixed Residential) to C-2 (General Commercial) to allow a retail manufacturing business (portable buildings) with the following stipulations: 1) that the development and usage adhere to the site plan on file with the Division of Planning and Development, on the property described as: Lot 41 of Block Two, Waynewood Subdivision and Lot 42 of Block Two of Waynewood Subdivision.

Zoning Case RZ04-005-01

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

/s/ Elizabeth Conway Griffin, President

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

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President Griffin advised that action was needed on Zoning Case RZ03-006-01 which was a request by Linkswiler Farms to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (43-50 spaces) on Sugarloaf Drive in Ward Three, Police Jury District 10. She further advised that the Planning and Zoning Board had met on Tuesday, March 20, 2001, 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; (2) that all drives and parking areas be hardsurfaced (concrete or asphalt); (3) that the drive into the park must be constructed to Parish specifications; and (4) that a centralized U. S. Postal approved mailbox be provided.

It was moved by Mr. Andrepont, seconded by Mrs. Treme and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ03-006-01 and to grant the request to rezone with the stipulations outlined by the Planning and Zoning Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4251

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Linkswiler Farms to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (43-50 spaces) on the property described as: That portion of the SW/4 of the SE/4 of S22, T10S, R8W, Louisiana Meridian lying S and W of a drainage ditch traversing the property being that portion of the SW/4 of the SE/4 of said S22 which immediately adjoins and is contiguous to the property owned by Purchaser in the SE/4 of the SW/4 of S22, T10S, R8W.

From A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (43-50 spaces) 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 areas be hardsurfaced (concrete or asphalt); 3) that the drive into the park must be constructed to Parish specifications; and 4) that a centralized U.S. Postal approved mailbox be provided, on the property described as: That portion of the SW/4 of the SE/4 of S22, T10S, R8W, Louisiana Meridian lying S and W of a drainage ditch traversing the property being that portion of the SW/4 of the SE/4 of said S22 which immediately adjoins and is contiguous to the property owned by Purchaser in the SE/4 of the SW/4 of S22, T10S, R8W.

Zoning Case RZ03-006-01

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

/s/ Elizabeth Conway Griffin, President

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

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President Griffin advised that action was needed on Zoning Case RZ03-009-01 which was a request by Carl and Jeanette LeJeune to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow a residential dwelling on Airhart Road in Ward Three, Police Jury District 9.

She further advised that the Planning and Zoning Board had met on Tuesday, March 20, 2001, and had voted unanimously to recommend that the request be granted.

Motion was made by Mrs. August, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-009-01 and that the request to rezone be granted; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4252

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Carl and Jeanette LeJeune to rezone from I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow a residential dwelling on the property described as: Lot 11 of East Lake Harbor Subdivision Part No. 1, of Block "A."

From I-2 (Heavy Industrial) to R-2 (Mixed Residential) to allow a residential dwelling on the property described as: Lot 11 of East Lake Harbor Subdivision Part No. 1, of Block "A.".

Zoning Case RZ03-009-01

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

/s/ Elizabeth Conway Griffin, President

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

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President Griffin advised that action was needed on Zoning Case RZ04-008-01 which was a request by Curtis P. Cart to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (four spaces) on West Burton Street in Ward Four, Police Jury District 13. She further advised that the Planning and Zoning Board had met on Tuesday, March 20, 2001, and voted 7-3 to recommend that the request be denied.

It was moved by Mr. Andrepont and seconded by Mr. Collins to overturn the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-008-01 and to grant the request to rezone with the recommendations of the staff of the Division of Planning and Development being included as stipulations to the rezoning.

Mr. Andrepont explained that in this particular area, there were already 22 mobile homes, duplexes and residences, and he did not see any reason to not allow a few more mobile homes as requested by the applicant.

Mr. Michael J. Davis, 1720 West Burton Street, Sulphur, appeared before the Police Jury and stated that while there was a considerable number of mobile homes in the area, they were not commercial or rental properties. Mr. Davis advised that the additional mobile homes would be located directly across the street from his home which he felt would result in a reduction in pride of ownership, and the only reason he could see for the additional mobile homes was the added income for the owner of the property who would live in back of said mobile homes. Mr. Davis asked that the Police Jury follow the recommendation of the 7-3 vote of the Planning and Zoning Board.

A roll call vote was taken on the motion on the floor which was to overturn the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-008-01 and to grant the request to rezone with the recommendations of the staff of the Division of Planning and Development being included as stipulations to the rezoning, and the result of said vote was as follows:

YEAS: Mr. Andrepont, Mrs. August, Mr. Breaux, Mr. Collins, Mr. Danahay, Mr. Derbonne, Dr. Mackey, Mr. Manuel, Mr. Moon, and Mrs. Treme

NAYS: Mr. Clement, Mr. Kleckley, Mr. Landry, and Mr. McMillin

ABSENT: None

NOT VOTING: President Griffin

The vote being 10-4 in favor of the motion on the floor, President Griffin declared said motion as having carried; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4253

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Curtis P. Cart to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (4 spaces) on the property described as: A 200 foot by 660 foot portion of a 9.015 acre tract described as: Commencing at a point which is 460.0 feet W of the SE cor of S29, T9S, R10W, thence S 89 degs, 48' 30" W 200.0 feet, thence N 00 degs, 28', 24" W, 660.0 feet, thence N 89 degrees, 48', 30" E 200.0 feet, thence S 00 degs, 28', 24" E, 660.0 feet to POC.

From A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (4 spaces) with the following stipulations: 1) that manufactured homes must be skirted within 90 days of permit issuance; 2) that the development adhere to the site plan on file with the Division of Planning and Development; 3) that a centralized U.S. Postal approved mailbox be provided; and 4) that all parking must be hardsurfaced (concrete or asphalt) on the property described as: A 200 foot by 660 foot portion of a 9.015 acre tract described as: Commencing at a point which is 460.0 feet W of the SE cor of S29, T9S, R10W, thence S 89 degs, 48' 30" W 200.0 feet, thence N 00 degs, 28', 24" W, 660.0 feet, thence N 89 degrees, 48', 30" E 200.0 feet, thence S 00 degs, 28', 24" E, 660.0 feet to POC.

Zoning Case RZ04-008-01

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

/s/ Elizabeth Conway Griffin, President

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

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President Griffin advised that action was needed on Zoning Case RZ04-007-01 which was a request by Joseph and Joy R. Abshire to rezone from R-2 (Mixed Residential) to C-1 (Light Commercial) to allow a garage door business on Chenault Street in Ward Four, Police Jury District 12. She further advised that the Planning and Zoning Board had met on Tuesday, March 20, 201, and voted 9-1 to recommend that the request be granted with the following stipulations: (1) that the building only be used for the garage door business; and (2) should the business cease, the property would revert back to R-2 (Mixed Residential).

Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ04-007-01 and that the request to rezone be granted with the stipulations outlined by the Planning and Zoning Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4254

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Joseph L. and Joy R. Abshire to rezone from R-2 (Mixed Residential) to C-1 (Light Commercial) to allow a garage door business on the property described as: Lot 13 of Blk 4 of J. A. Bel, et al Suburban Acres No. 1, a subdivision as per plat recorded in Plat Book 5, page 94, records of Calcasieu Parish, Louisiana.

R-2 (Mixed Residential) to C-1 (Light Commercial) to allow a garage door business with the following stipulations: 1) that the building only be used for the garage door business; and 2) should the business cease, the property will revert back to R-2 (Mixed Residential), on the property described as: Lot 13 of Blk 4 of J. A. Bel, et al Suburban Acres No. 1, a subdivision as per plat recorded in Plat Book 5, page 94, records of Calcasieu Parish, Louisiana.

Zoning Case RZ04-007-01

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

/s/ Elizabeth Conway Griffin, President

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

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President Griffin advised that no action was needed on Zoning Case RZ03-003-01 which was a request by Lake Woodland Partners, L.P. to rezone from R-1 (Single Family Residential) to R-2 (Mixed Residential) to allow a residential subdivision (Woodland Lakes) off of Lake Fairway Drive in Ward Three, Police Jury District 2, due to the fact that the request to rezone had been withdrawn. (It was noted that the Planning and Zoning Board had met on Tuesday, March 20, 2001, and had voted 8-2 to recommend that the request be denied.)

President Griffin advised that action was needed on Zoning Case RZ04-002-01 which was a request by Union Pacific Railroad Company to rezone from A-1 (Agricultural) to I-2 (Heavy Industrial) to allow a rail yard (plastic storage-in-transit rail car facility) off of Racca Road in Ward Four, Police Jury District 13. She further advised that the Planning and Zoning Board had met on Tuesday, March 20, 2001, and had voted 6-4 to recommend that the request be denied.

Motion was made by Mr. Andrepont and seconded by Mr. Moon to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-002-01 and to deny the request to rezone.

Mr. Vickers advised that a lengthy hearing had been held at the Planning and Zoning Board meeting with regard to this rezoning request and subsequent to the meeting, some additional information had been obtained by the Police Jury's legal counsel. Mr. Vickers recommended that Mr. Cole explain said information to the Police Jury.

President Griffin recognized Mr. Cole who explained that he had been asked to research whether the zoning laws currently in effect were pre-empted by federal law under the authority of the Surface Transportation Board (STB) which was enacted by Congress in 1995. Mr. Cole stated that legal counsel for Union Pacific had rendered an opinion indicating that the zoning law was pre-empted by federal law, and research had been done on this question by the Police Jury's legal counsel. He further stated that Congress had very specifically indicated in the enabling statutes that all local and state law, as it pertained to regulation of railroads, some trucking industries, and other forms of surfacetransportation, was in fact pre-empted by federal law.

Mr. Cole explained that his firm had looked at some legal cases in the past few days similar to the rezoning request in question where a railroad company was attempting to build an ancillary facility, and had found that local laws were pre-empted by federal laws. He stated that Union Pacific's position was that they could build the proposed facility regardless of the action taken by the Police Jury on the rezoning request, and it was his opinion that local zoning laws would be pre-empted by federal law, with the authority over such matters being in the domain of the Surface Transportation Board.

Mr. Andrepont stated that he was under the impression that this was a democracy and perhaps the Constitution needed to be looked at again. He further stated that the Police Jury had a sound record of supporting economic development in Calcasieu Parish and was concerned about spot zoning. Mr. Andrepont pointed out that if the Police Jury allowed even one spot zoning to occur in the parish, it would open a flood gate of similar requests, and there would be no stopping them. Mr. Andrepont stated that he had been told unequivocably that the rail yard was not wanted in the proposed area and he would vote with the majority of the residents, regardless of federal law.

Mr. David Fraser, attorney at law representing Union Pacific Railroad, appeared before the Police Jury at this time and stated that the engineer for the project would make a brief presentation following his presentation. Mr. Fraser advised that Union Pacific's policy in situations such as the one facing the Police Jury was to try to come to the local governmental authority and work within the zoning ordinances to accommodate local standards and recommendations. He further advised that this was the reason for the rezoning request and why working with the Planning staff had been so intense, to gear the project to work better for the community.

Mr. Fraser stated that federal regulations had always ruled railroad activities, and the Union Pacific track had been in the Parish as long as the Police Jury had been in creation, without any type of zoning approval. He explained that the proposed project was simply an ancillary tract to store railroad cars and reiterated the fact that Union Pacific had made the rezoning request in an effort to work together in a spirit of negotiation even though the company was regulated by federal law.

Mr. Moon asked if Union Pacific would proceed with the project regardless of how the Police Jury voted on the rezoning request, or would said company perhaps seek another location if the request was denied by the Police Jury. Mr. Fraser stated that he was not the person to make that call, and Union Pacific was controlled only by federal regulations but had, to their credit, come forward to work with the local officials.

Mr. Derbonne asked if Union Pacific would have to go to court to proceed with the project if the Police Jury denied the request to rezone, or did being pre-empted mean that the Police Jury had no authority in the matter. Mr. Fraser stated that the Police Jury had certain authority in enforcement of building codes, electrical codes, drainage issues, etc., and Union Pacific would be responsive to those types of things, but with respect to zoning issues, the federal law governed the railroad, and no court proceeding would be necessary.

Mr. McMillin asked if there was anything the Police Jury could do to stop the development or if there was someone the Police Jury could react to concerning this matter.

Mr. Fraser stated that he did not think an exception could be made to the existing federal law governing this issue, but the fact that the railroad had tried to work with the local officials was in his view a good sign of cooperation.

Mr. Scott Spooner of Spooner and Associates, Inc. then appeared before the Police Jury and advised that his firm had been contracted by the railroad to provide engineering work on the application for rezoning. Mr. Spooner gave a brief presentation of the proposal and showed aerial photographs of the site. He stated that it was not a "switch yard" but a storage-in-transit (SIT) yard which would only utilize hopper cars to store plastic pellets - and no tank cars for storage of chemicals - which had been a very sensitive issue to the residents of the area. Mr. Spooner stated that only in some type of catastrophic emergency would anything but plastic pellets be stored at the facility.

Mr. Spooner spoke about and showed pictures of a SIT yard in Spring, Texas, and stated that a commercial appraisal of said property had indicated that it would have no effect on surrounding property values.

Mr. Spooner stated that another issue raised by the residents was noise pollution, and he advised that Union Pacific had gone to great lengths in working with the Planning and Zoning staff to make sure that noise would not be a problem in the area, nor would drainage issues. He explained how the facility would be set up, pointing out that support services were located in close proximity to the railroad tracks for expeditious transfer and to keep the large earth-moving equipment off of the highway.

Mr. Spooner explained that one of the reasons for Union Pacific's desire to locate in the proposed area was the close proximity to industry and that it would allow the removal of hopper cars from Union Pacific's switching yards which would allow for other movement to take place and would reduce transportation on the main line. He stated that he felt Union Pacific had done everything possible to make the proposed facility conducive to the area and not cause concern.

Mr. Breaux stated that he thought the citizens lived in a democracy and that when local laws were superceded by federal laws, it concerned him. He further stated that he knew that the jurors from the Sulphur and Westlake areas had been working diligently for an additional railroad crossing to expedite the extension of Highway 108, but Union Pacific had not moved too fast in working with the Parish on that matter. He asked why the Police Jury could have something "shoved down its throat," but the railroad could not.

Mr. Spooner stated that in dealings with the Planning and Zoning staff, the matter of the Highway 108 crossing had been a major concern, and it was his understanding that an agreement had recently been reached; however, Mr. Vickers stated that he did not think any agreement had been reached whatsoever, but it was his understanding that Mr. Danahay was trying to work with the City of Sulphur to offer an exchange for the Highway 108 crossing.

Mr. Landry asked if Union Pacific could legally not abide by what was promised insofar as storing only plastic pellets and no hazardous materials if the request to rezone was denied by the Police Jury. Mr. Cole responded by saying that state and local governments could regulate matters which affected health and public safety but could not regulate transportation issues.

Mrs. Treme stated that according to legal opinions on both sides of the issue, it appeared to her that it did not matter what the Police Jury did insofar as the rezoning request. She further stated that she believed the Police Jury felt that the proposed location was not a good one because of residential growth and because the only direction the City of Sulphur had left to expand was to the west. She also stated that the comment had been made that Union Pacific had negotiated in good faith with respect to the rezoning request, and she wanted some type of commitment that the railroad would honor those things that had been negotiated to make the development more equitable for the citizens in the area, i.e., buffer areas, sound barriers, no ingress/egress off of WPA Road into the storage yard, etc., particularly since the Police Jury seemed to have no choice but to accept it.

Mr. Fraser stated that he was not the person to make that "final call," but he believed that was why Union Pacific had filed an application (for rezoning), to see if the project could be modified to address as many concerns as possible, and it had been modified from the original application.

Mrs. August stated that one of her questions had been previously asked by Mr. Landry as to whether Union Pacific could store anything it wanted to at the proposed facility, but she also had a question about how the zoning of the property would be affected if federal law pre-empted the Parish's zoning authority. Mr. Vickers explained that the zoning of the property would not change unless the Police Jury voted to change it. He further explained that this particular zoning request was comparable to property owned by the Lake Charles Harbor and Terminal District which was covered by the Parish's zoning but not subject to restrictions. Mr. Vickers also stated that an agreement had been reached with said District that there were certain things that the Parish would have an opportunity to review and that the Parish had permitting authority over Port property, but not land use authority, which would be similar to the Union Pacific proposal.

In answer to a question by Dr. Mackey, Mr. Vickers explained that with these types of big projects, the staff always tried to sit down with the applicant and analyze their supporting documentation to try and answer some of the questions the staff anticipated coming from the public, and when Union Pacific had first submitted the application, it did not answer all of the questions the staff had. Mr. Vickers also explained that the staff had given the applicant a little of their own experience in trying to anticipate questions on some of the major issues such as the fact that in the original application, it was determined that a portion of the property adjoined White Acres Subdivision, and the applicant was told that the staff would never support a zoning classification of I-1 (Light Industrial) right next to a subdivision, thus, that particular piece of property was eliminated from the proposal. Mr. Vickers stated that other issues relative to lighting and drainage were addressed, as well as a commitment in writing from Union Pacific that the facility would only have rail hopper cars and no chemical storage. Mr. Vickers pointed out that through this process of negotiating with Union Pacific, these types of things were drafted into a proposed development agreement which he felt afforded the public an instrument that was a commitment in writing that would hopefully answer most of the questions and concerns they might have. Mr. Vickers also stated that as with the Lake Charles Memorial Hospital expansion and other big projects of this nature, public hearings always yielded good ideas and information from the public as to how to make the project even better.

Mr. Vickers stated that he thought Union Pacific had made a good faith effort to work with the staff, and he felt one of the biggest concerns about the project was noise, because even with a buffer of foliage and trees, any movement associated with railroads was going to be noisy. Mr. Vickers also stated that another of his concerns was wanting to know that people who sold their homes in the vicinity of the proposed rail yard after the facility was constructed would be able to get what they had invested in them. He further stated that this was really a tough project because of the "Not in My Back Yard" syndrome, however, the facility would have to go in somewhere. Mr Vickers stated that the problem with that as he saw it was that the residents were there first, and therefore, the burden of proving the merits of the zoning application was on the applicant and not on the public.

Mr. Clement asked if the property would be taxed as agricultural property, to which Mr. Vickers advised that the zoning would have no impact on the taxes but instead it would be taxed according to the use of the property and the type of improvements that were situated on the property. He further advised that until the property was developed, it would be taxed as undeveloped agricultural property or rural land.

Mr. Clement asked how long had the facility been in Spring, Texas (the facility referred to earlier in the meeting), to which Mr. Fraser stated that it had been in operation approximately 15 years. Mr. Clement asked if the residents who lived around said facility had lived there prior to it being built, or did they "flock there" after the railroad was built. Mr. Fraser advised that it would have been easy for Union Pacific to not go through this "exercise" and just go ahead with the project, but to their credit, they had presented an application and had allowed it to be tweaked so that it could become a better project for everybody involved. Mr. Fraser stated that it had not been intended to be thrust on anybody, but all businesses had to locate somewhere, and in spite of what happened on this date to the rezoning request or down the road, there would be people who would be around to answer questions.

Mr. Ronnie Bowers of 1729 White Acres Drive, Sulphur, appeared before the Police Jury and stated that this was a commercial issue and not a transportation issue. He also stated that as far as the railroad being able to come in and take over property, he could understand that for interstate systems but not for a money-making switch yard. Mr. Bowers advised that he had a petition which contained approximately 235 names in opposition to the proposal, and they were concerned mainly with this being a spot zoning issue and the fact that the railroad was trying to rezone 256 acres. He stated that other concerns included noise pollution and flooding, pointing out that with respect to the latter, the run-off would flow into Choupique Bayou which was already overloaded. Mr. Bowers further stated that the residents were concerned about property values and advised that the lots in his subdivision were five and six-acre tracts for which the residents had paid more because of the size, and when he bought his property it was with the understanding that no property surrounding it was zoned industrial.

Mr. Bowers also stated that the hazardous response team would be the Houston River Fire Department, and he knew from having been on the Board of Commissioners of said district prior to the Police Jury taking it over, that this fire department was shorthanded and short of equipment.

Mr. Bowers further stated that according to the Louisiana Tax Commission, the property would be under a unitized system which he said meant that any revenues derived from use of the property would be spread out among all 36,000 miles of Union Pacific track which meant that if Calcasieu Parish had 50 miles of track running through the Parish, that was what its tax revenues would be based on, and which meant that other portions of the Union Pacific operation would share in any revenue from the proposed storage yard.

Mr. Bowers pointed out that the residents in the area would be facing all of the burdens associated with the storage yard and that Union Pacific would be the only one to come out ahead. He stated that he would like to see Union Pacific consider other locations that were available and which met the criteria established by said railroad company, one of which was 266 acres already zoned heavy industrial in the Rose Bluff area, the only drawback being that it was not on their main line.

Mr. Bowers also stated that while the proposal was for storage of plastic pellets only, there were letters from industries located in other areas, and from industries which did not produce plastics, in favor of the project. He advised that he did agree they probably did need more storage, but he did not feel this was the location for it and was not sure why they chose this particular tract of land, particularly since there were other areas less populated where they would face less opposition. Mr. Bowers stated that there were 250 people in attendance at the meeting on this date who would fight Union Pacific every step of the way and that they were not going to back down. He further stated that he would like to work things out to have them locate in another area, and he pointed out that he and the others were not against industrial development, that the majority of them either worked for industry or had businesses that relied on industry.

Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Police Jury and asked for clarification, explaining that the acoustics in the courtroom made it very difficult to hear everything that was being said. He asked if he had understood correctly that if the Police Jury denied the rezoning request but the railroad company proceeded with its plans, the property would not show up on the zoning map as heavy industrial. Mr. Atherton also asked if Union Pacific would get the full acreage or just what they currently owned.

Mr. Vickers explained that if the motion on the floor carried, and the property was not rezoned, it would remain as it was currently zoned. He further explained that the only way the zoning would change would be if the Police Jury voted to change it.

Mr. Atherton asked if the railroad company would only be allowed to "do the property" they currently owned or the full 200 acres, to which Mr. Vickers responded that he did not think that question could be addressed at the current time for obvious reasons, and it would have to be addressed at a later date.

Mr. Atherton stated that he was just wondering if there was any benefit for the Police Jury to rezone the property, but he did not see any. He further stated that the railroad company had not been a friend to local government, to the people of Calcasieu Parish, or to the LEPC (Local Emergency Planning Committee). Mr. Atherton spoke of his concern that an emergency could be declared to allow for the storage of hazardous waste at the proposed site and pointed out that the Parish was not prepared to handle such a situation through a volunteer fire department. He also pointed out that Union Pacific had not submitted any emergency response plan to the LEPC.

Mr. Atherton asked the Police Jury to consider the following: (1) add railroad noise to the items governed by the Parish's noise ordinance; (2) ask Union Pacific to not force railroad crossing closures so that the Parish can continue to develop and for the protection of the health and welfare of the citizens; (3) ask Union Pacific to improve maintenance of their facilities and to speed up the movement of their trains through the Parish; (4) encourage Union Pacific to acknowledge the existence of the LEPC and to participate and/or cooperate in emergency planning for the Parish; and (5) ask Union Pacific to never store hazardous materials at the proposed site.

Mr. Andrepont stated that all of the jurors had heard the presentation by the railroad company, and it was his feeling that the railroad officials were going to do what they wanted to do regardless of action taken by the Police Jury. He pointed out the extreme opposition surrounding this rezoning request and that Mr. Vickers admittedly had some "uncomfortable feelings" about it. Mr. Andrepont also pointed out the fact that the Planning and Zoning Board had voted to deny the request and asked his colleagues to support his motion to uphold the recommendation of the Planning and Zoning Board and to deny the request to rezone.

President Griffin called for a roll call vote on the motion on the floor, and the vote thereon was as follows:

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

NAYS: None

ABSENT: None

NOT VOTING: President Griffin

President Griffin declared the motion as having carried unanimously, and the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ04-002-01, and the request to rezone was denied.

President Griffin then declared a five-minute recess.

Following the recess, motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously to adopt the following resolutions: (Mr. Clement, Mr. Danahay, Dr. Mackey, and Mr. Moon were not in the room at the time the vote was taken.)

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 Conoco/Venco Calcining for maintenance dredging of an existing dock slip to provide access for deep draft vessels utilizing the ship channel to enter the dock slip area and to install and maintain four new mooring dolphins, four new breasting dolphins, a new section of dock platform, connecting walkways, and product piping. The proposed work and structures are to be located within an area approximately 1,400 feet long and 500 feet wide. The dredging operation shall consist of the removal of approximately 150,000 cubic yards of material which is to be deposited in Corps disposal area #9. Said project is located in the Calcasieu River Ship Channel, right descending bank, at river miles 26.5, near Vincent Landing, in Section 36, Township 10 South, Range 10 West, in Calcasieu Parish, Louisiana; and

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

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided 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 22^nd day of March, 2001, that it does hereby indicate no objection to the proposal of Conoco/Venco Calcining for maintenance dredging of an existing dock slip to provide access for deep draft vessels utilizing the ship channel to enter the dock slip area and to install and maintain four new mooring dolphins, four new breasting dolphins, a new section of dock platform, connecting walkways, and product piping. The proposed work and structures are to be located within an area approximately 1,400 feet long and 500 feet wide. The dredging operation shall consist of the removal of approximately 150,000 cubic yards of material which is to be deposited in Corps disposal area #9. Said project is located in the Calcasieu River Ship Channel, right descending bank, at river miles 26.5, near Vincent Landing, in Section 36, Township 10 South, Range 10 West, in Calcasieu Parish, Louisiana.

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

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.

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers by Wendell Fontenot to maintenance dredge an area and install and maintain a boat house wharf for boat access and private recreational use. The proposed dredging and structures are to be located within an area about 36 feet long and 17 feet wide, extending lengthwise approximately perpendicular to the mean low water shoreline, the outer edge to be about 48 feet channelward from an existing bulkhead. The dredging operation will consist of the removal of approximately 12 cubic yards of material, which is to be hauled to an upland site. Said project is located in Lake Charles, southern shore, near Lake Charles, Louisiana, in Calcasieu Parish; and

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

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, 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 22^nd day of March, 2001, that it does hereby indicate no objection to the proposal of Wendell Fontenot to maintenance dredge an area and install and maintain a boat house wharf for boat access and private recreational use. The proposed dredging and structures are to be located within an area about 36 feet long and 17 feet wide, extending lengthwise approximately perpendicular to the mean low water shoreline, the outer edge to be about 48 feet channelward from an existing bulkhead. The dredging operation will consist of the removal of approximately 12 cubic yards of material, which is to be hauled to an upland site. Said project is located in Lake Charles, southern shore, near Lake Charles, Louisiana, in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

* * * * * * * * * * *

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by James Maze to install and maintain a bulkhead and backfill for bankline stabilization. The proposed activity will be located within an area approximately 200 feet long and 7 feet wide, approximately parallel to the mean low water shoreline. The fill operation will include the deposition of approximately 75 cubic yards of upland topsoil to be placed behind the proposed bulkhead. Said project is located in Calcasieu Parish, Section 13, Township 10 South, Range 9 West, adjacent to Contraband Bayou, located within Lake Charles, Louisiana, off of Burgoyne Drive; and

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

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, 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 22^nd day of March, 2001, that it does hereby indicate no objection to the proposal of James Maze to install and maintain a bulkhead and backfill for bankline stabilization. The proposed activity will be located within an area approximately 200 feet long and 7 feet wide, approximately parallel to the mean low water shoreline. The fill operation will include the deposition of approximately 75 cubic yards of upland topsoil to be placed behind the proposed bulkhead. Said project is located in Calcasieu Parish, Section 13, Township 10 South, Range 9 West, adjacent to Contraband Bayou, located within Lake Charles, Louisiana, off of Burgoyne Drive.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Motion was made by Mr. Landry, seconded by Mr. Kleckley and carried unanimously to approve the Special Service Districts Review Committee Report dated March 15, 2001, as follows: (Mr. Danahay was out of the room at the time this vote was taken.)

SPECIAL SERVICE DISTRICTS REVIEW COMMITTEE

March 15, 2001

A meeting of the Special Service Districts Review Committee was held at 4:00 p.m. on Thursday, March 15, 2001, in the Police Jury Meeting Room in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Chris Landry, Chairman, presiding and the following members present:

Mr. Brent Clement, Mr. Mike Danahay, Dr. Charles S. Mackey, Mr. Cornelius "Cornie" Moon, and Mrs. Sandy Treme

Absent: None

Also present were Mrs. Luvertha August, Mr. Algie Breaux, Mr. Don Manuel, Mr. S. Mark McMurry, Ms. Kathy P. Criglow, Mrs. Coleen Clark, Mr. Bryan Beam, Mrs. Cheryl Heisser, Mr. Richard Gremillion, and Mr. Jerry Milner.

Said Committee:

(1) Received recommendations from staff regarding the utilization of a consultant to analyze and evaluate data received from parish fire districts and recommended that Mr. Tom Cassisa of Baton Rouge be employed as consultant for this purpose. The Committee further recommended that an amount of $12,000 be budgeted for the study from the General Fund reserve for emergency operations and that the results of the study be transmitted to the fire districts at least one week prior to the Special Service Districts Review Committee taking any action thereon. It was the consensus of the Committee that the study would involve a general overview of fire protection services in Calcasieu Parish from a public safety and fire rating standpoint versus an in-depth, individualized study of each fire district.

Reviewed and approved suggestions from staff regarding additional Police Jury requirements of special service district boards, a copy of which is attached as amended and approved by the Committee on this date. The Committee recommended that the list be approved with the amendment that the boards be made aware that they have the authority to enact a policy, if necessary, to disallow the president to serve consecutive terms in that position. The Committee further recommended that following action by the full Police Jury at its regular meeting on March 22, 2001, that the list of additional requirements be forwarded to the special service districts for a 45-day comment period. (See attached copy of list as approved by the Committee.)
Received and approved recommendations from staff regarding health insurance coverage for employees of special service districts which do not use the Police Jury as their accounting agent. The recommendations approved by the Committee were as follows: (1) employee and dependent premiums must be paid "up front" each month; (2) all districts participating in the health insurance coverage must fully comply with the terms of the Parish's policy to ensure compliance with the re-insurance contract; and (3) no conditions for which benefits were previously paid under another insurance policy would be eligible for coverage under the Parish's policy.

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

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

With regard to Recommendation No. 1 of the Special Service Districts Review Committee as outlined heretofore, Mr. Landry explained that he wished to clear up some of the misunderstanding surrounding this matter. He stated that several months ago, an issue had arisen regarding drainage and erosion control along the Missouri Pacific lateral and the related difficulty in getting something done about this long-standing problem. Mr. Landry stated that he started asking questions, because he had a problem with telling someone there was nothing that could be done to help them, and from there, questions had come up concerning the fire districts. He explained that the purpose of the Special Service Districts Review Committee was to determine how things could be made better whether it was related to water districts, fire districts, drainage districts, etc., and the Committee just happened to be studying fire districts at the current time.

Mr. Landry stated that some of the firemen seemed to think they would be losing their jobs, that there would no longer be a need for volunteer firemen, etc. He stated that nothing could be further from the truth and that he felt the jurors were in the positions they were to question things and make them better than they currently were.

Mr. Landry further stated that the study as referred to in Recommendation No. 1 of the Special Service Districts Review Committee was estimated to cost approximately $7500 - $8500 but was budgeted at $12,000 just in case something unanticipated came up during said study. He also stated that comments had been made that this was a waste of money, but he pointed out that the Parish's annual budget was over $107 million, and he felt that $12,000 was insignificant in comparison. Mr. Landry stated that he did not feel that doing a study to get information to try and improve services was a waste of money.

Mr. Landry also stated that a lot of people had not attended the committee meetings and had relied on gossip which had spread like wildfire resulting in misinformation. He further stated that comments had been made that a study was not needed, that what the fire districts needed was more water to fight fires, and he agreed that this might very well come back as part of the study, but one had to start somewhere, even if it turned out to be a 15 - 20 year plan.

Mr. Landry stated that he would like to amend Recommendation No. 1 to include that a sub-committee be formed which would consist of him, Mr. Clement, the President of each Board of Commissioners of the fire districts, and the Fire Chief of each district to digest the results of the study and together come up with a plan to make things better. He pointed out that even though everyone was talking about consolidation, that might not necessarily be the answer. Mr. Landry also stated that some of the boards were very knowledgeable, and he would like to see them look outside of their own districts and help the Police Jury fix the problems. He encouraged those who had questions to either attend the meetings of the Special Service Districts Review Committee or call him or someone else on the Committee for information and not rely on gossip.

Mr. Moon stated that it was unfortunate that such mistrust and hostility had developed from people not understanding what the Committee was attempting to do which was to try and provide what the citizens of Calcasieu Parish were asking for - equal or better service for the same or less money and more efficiency in overall operations. He further stated that he certainly supported the gathering of additional information, and he believed that before any governmental body could do anything, it had to obtain the necessary information on which to make a good recommendation. Mr. Moon stated that there was no "hidden agenda" and no one on the Committee was trying to force anything. He asked that if anyone had questions, they needed to make every attempt to get the correct information.

Mrs. August stated that she was in agreement with anything that would make Calcasieu Parish better run and better managed, and although she was not the one who had said it was a waste of money, she did have a question as to why it would take $10,000 - $12,000 to conduct a study. She stated that she had attended two of the Committee meetings, at the first of which various firemen had explained what some of the problems were with the current system, i.e. response times, unequal millages, etc. Mrs. August also stated that she felt that before money was spent on a study, the input of the people out in the field should be obtained, and instead of forming a sub-committee after the study was done, why not form a sub-committee of the firemen now to discuss what the problems were and if a study was needed, the Police Jury could go from there. Mrs. August stated that there were only three things a study at this point could tell them, those being: (1) it would be best to consolidate the districts; (2) a parishwide tax was needed; or (3) leave things as they were, but when all was said and done, the ball would be back in the jurors' laps.

Mrs. August further stated that the Police Jury would have the ultimate decision, but before money was spent on a study, she preferred to first use the Police Jury's own resources and get the information from the firemen as to what the problems were and how they could be alleviated.

Motion was made by Mr. Manuel and seconded by Mr. McMillin to defer hiring a consultant as outlined in Recommendation No. 1, and that the sub-committee as suggested earlier in the meeting on this date by Mr. Landry (which would include Mr. Landry, Mr. Clement, the President of each Board of Commissioners of the fire districts, and the Fire Chief of each district) meet together to discuss the existing structure of the boards and any problems associated therewith, and after the discussions, that a consultant be hired if it is deemed to still be necessary.

Mr. Kleckley stated that he had found it very alarming and detrimental to hear some of the vicious comments which had been made about Mr. Gremillion's supposed goal to take over all of the fire departments and run them from his office. He further stated that apparently the people who had made those comments had missed their day in class when government operations was being taught, because the 15 police jurors were the ones who set policy and direction of the Parish, and Mr. Gremillion took his instructions from the Police Jury, and anyone who believed otherwise was totally misinformed and misguided. Mr. Kleckley pointed out that Mr. Gremillion was in charge of the Office of Emergency Preparedness, and it was very important that he continue to work with the fire districts; therefore, any false comments made about his motives could be damaging and demeaning and were totally uncalled for.

Mr. Kleckley read aloud a portion of a letter from Mr. Ronald Williams, President of the Board of Commissioners of Ward Three Fire Protection District No. Two, in support of a study of the districts to determine if actions could be taken to improve fire protection and fire ratings and the operation and efficiency of the districts and also to provide a base line on which to make decisions based upon facts. Mr. Williams' letter also stated that one could not figure out where they needed to go unless they knew where they were, and a study would pay both short and long-term dividends.

Mr. Kleckley pointed out that Ward Three Fire Protection District No. Two had the largest budget and the largest population than any district in the Parish and had a fire rating of four, yet the Chairman of said district was looking at the Parish as a whole which he felt was very commendable.

Mr. Danahay asked what the objective of the sub-committee as proposed in the motion on the floor would be and what time frame would be followed by said sub-committee. Mr. Manuel stated that he felt it would be good to "bring everybody into the loop" so that everybody could vote intelligently, and if the fire districts got involved with the Committee, it should not take long to get the information back. He further stated that the firemen should be brought into the loop and what they had to say should be listened to.

Mr. Breaux stated that he thought everyone in the room lived in a democracy and had the right to say whatever they wanted to say as long as they did not hurt anybody. Mr. Breaux pointed out that talk of consolidation had originated when Ouachita Parish had voted a tax in the unincorporated areas of said parish to provide paid fire protection 24 hours a day, seven days a week, but not once during the recent discussions had he heard anyone propose to have paid fire fighters in Calcasieu Parish. Mr. Breaux explained that approximately four years ago, he had suggested to Mr. McMurry and Mr. Paul Rainwater, former Police Juror, the possibility of a parishwide tax to provide fire protection, but they had "almost gotten crucified" over the idea.

Mr. Breaux further stated that he was Fire Chief of the Cajun Country Fire Department and the Bell City - Hayes Fire Department, and another question had come up relative to what would happen in eight years if the tax was not renewed in Ward Two, but he had not heard anybody say the money would come from the Police Jury. Mr. Breaux stated he was in favor of the motion on the floor and expressed the need for availability of an adequate water supply with which to fight fires.

Dr. Mackey stated that he did not understand why anybody would be afraid to have someone from the outside look at something the Parish was doing, and it "knocked his socks off" when somebody was afraid of a study.

Before recognizing anyone else to speak, President Griffin announced that when the Police Jury discussed any item that was likely to evolve into a heated issue, she would like to recognize each juror only once to speak on such issues so that everyone would have an opportunity to express their views.

Mr. Landry pointed out that it had been his suggestion, prior to Mr. Manuel making the motion on the floor, to form a sub-committee, and he was very much in favor of that. He also stated that Mr. Breaux seemed to not be in favor of consolidation at the current time and asked him about comments he had made at the Special Service Districts Review Committee on September 28, 2000.

President Griffin asked Mr. Landry to address her before directing questions to Mr. Breaux and asked that all jurors follow Robert's Rules of Order. After being properly recognized, Mr. Landry advised that Mr. Breaux, at the Committee meeting on September 28, 2000, had stated that as far as consolidation, he wanted to go on record that he was very much in favor of consolidation of these districts, and that was the first Mr. Landry had heard of the idea of consolidation, yet it seemed now that Mr. Breaux was against it.

Mr. Breaux explained that he had said he was against consolidation as it was currently being attempted, but he could support paid fire fighters. Mr. Landry stated that if that was Mr. Breaux's opinion (to have paid fire fighters), then let the Committee and Police Jury see how that could be accomplished while working together on the proposal.

Mr. Breaux asked where the money would come from, and reiterated his feeling that he was for consolidation but not the way it was being done at the present time. Mr. Landry stated that this was why he wanted Mr. Breaux's input and pointed out that he would be on the sub-committee (should the motion on the floor be approved).

Mr. Moon stated that he felt it was important not to wait another four to six years before taking a look at improving the system, because he thought the citizens were asking for more from the Police Jury. Mr. Moon further stated that he did not think action should be postponed on hiring a consultant, because before assembling a committee, the jurors needed to have all the information they possibly could. He asked what was wrong with bringing in an outside consultant, and he stated that "often we don't know what we don't know." Mr. Moon stated that he thought it was important to move forward, and he was against the motion on the floor.

Mrs. August stated that she wanted everybody to know that she was not afraid of any study, but all she was suggesting was that the people in the Parish who had the expertise be enlisted to come up with some ideas and maybe before going to a third party, find out what the problems actually were.

Mr. Collins suggested that action be deferred on the recommendation of the Special Service Districts Review Committee relative to the hiring of a consultant until such time as the jurors could reach an agreement on the many differences of opinion being expressed on this date.

Mr. Moon called for a point of order wherein he stated that there was a motion and a second on the floor on which no vote had yet been taken. President Griffin stated that there were three jurors who had requested to speak, and she would allow them to do so prior to a vote being taken.

Mr. McMillin pointed out that he had seconded the motion on the floor, and he felt the Parish had a great bunch of firemen. He stated that he was thrilled about moving forward with fire protection and advised that he had been an operator at one of the local industries, and they often had engineers try to come in and tell them how to do their jobs. Mr. McMillin further stated that he felt the firemen knew what needed to be done, and he also felt that the motion on the floor would put "the horse back in front of the cart." He stated that he too was not afraid of any kind of study and that Calcasieu Parish had the finest Administrator and staff he had ever worked with, but the Police Jury could use the knowledge of the fire fighters to move forward and improve the weak spots in the system.

Mr. Derbonne pointed out that on February 15, 2001, the Police Jury had approved a recommendation of the Special Service Districts Review Committee to hire a consultant, and he asked for clarification of the motion on the floor, which was that action be deferred on hiring a consultant as outlined in Recommendation No. 1 (of the Special Service Districts Review Committee Report dated March 15, 2001), that the sub-committee as suggested earlier in the meeting on this date by Mr. Landry (which would include Mr. Landry, Mr. Clement, the President of each Board of Commissioners of the fire districts, and the Fire Chief of each district) meet together to discuss the existing structure of the boards and any problems associated therewith, and after the discussions, that a consultant be hired if it is deemed to still be necessary.

Following the clarification, President Griffin asked that if any other committees were formed, that the President of the Police Jury be asked to appoint those. She then recognized Mr. Paul Rainwater, Assistant to the Mayor of the City of Lake Charles, and Mr. Rainwater stated that he was present on behalf of Mayor Roach in support of the concept of a study. He pointed out that he did not say a "consolidation study" and that it was very important in improving services throughout the Parish. Mr. Rainwater stated that the City had a very close relationship with Ward Three Fire Protection District No. Two and with Mr. Gremillion and the Calcasieu Parish Office of Emergency Preparedness. He further stated that the City of Lake Charles would like to have representation on the proposed sub-committee and would offer a monetary contribution to the study, because he felt it would be important as the City and Ward Three grew, to look at what would be done as property was annexed into the City, not only pertaining to fire protection but other concerns such as recreation, drainage, etc. Mr. Rainwater closed by saying that he was proud to have served as a member of the Police Jury.

President Griffin advised that requests to appear before the Police Jury had been registered by Mr. Jim Dennis, Mr. Lester Goss, and Mr. Charlie Atherton, and she would allow them to speak only on the motion on the floor.

Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Police Jury at this time and pointed out that the Police Jury appointed the boards of commissioners of the special service districts. He stated that all the Police Jury was trying to do was ask for information relative to how the fire districts were doing their jobs, but if the Police Jury did not already have such information, the system was broken somewhere. Mr. Atherton further stated that the citizens had grave concerns about the power of the boards, and he felt it was evident that the boards were controlling the jurors. He asked that the Police Jury approve Recommendation No. 1 of the Special Service Districts Review Committee (as outlined heretofore). Mr. Atherton stated that the issues were not just about fire and pointed out that there were approximately 73 special service districts. He concluded his comments by saying that it was clear to the public that the "tail was wagging the dog."

Mr. David Clark, 419 Route 66, DeQuincy, appeared before the Police Jury and stated that he had been involved with Ward Six Fire Protection District No. One for the past ten to fifteen years, and Mr. Cassisa had been employed to advise the board of said district on such matters as how to improve response times and the services provided by the district. Mr. Clark further stated that from experience, he knew that a big portion of a fire rating was interpretation and while some of it did not make good common sense as far as application of people and resources, it did make a difference insofar as the point system used to rate a fire department. Mr. Clark also stated that the PIAL (Property Insurance Association of Louisiana) was now requiring agreements with neighboring fire departments, so the districts were already pooling resources, but with a study, they could learn how best to do this.

Dr. Mackey asked for a point of order, stating that it was his understanding that the Police Jury had already agreed (on February 15, 2001) to do the study but was not certain of the dollar amount, and action needed on this date was to set said amount. He further stated that the motion on the floor was out of order and should be whether or not to budget the $12,000 for the study.

President Griffin asked for a legal opinion, and Mr. McMurry advised that it was probably more of a procedural question than legal one. He further advised that the recommendation of the Special Service Districts Review Committee which was approved by the Police Jury on February 15, 2001, included the hiring of a consultant, but until the Police Jury actually appropriated funding for such a study, there was no item in the budget for this purpose. He further advised that he did not think it was improper to have a discussion about where the money would come from.

President Griffin asked what type of motion would be in order at the present time, and Mr. McMurry stated that in the strictest sense of Robert's Rules of Order, if the Police Jury was reversing previous action to not hire a consultant, perhaps a motion to rescind the original motion to hire a consultant would be in order, but instead of getting wrapped up in technicalities, perhaps a motion could be entertained as to whether or not to appropriate funds for the study, to which Mr. Cole (legal counsel) agreed.

Motion was made by Dr. Mackey to appropriate $12,000 for the study, and Mr. Manuel pointed out that his motion was still on the floor. He explained that his motion was not to deny the $12,000 but to bring "everybody into the loop" to be better informed and then at that time, a consultant would be hired.

Mr. Manuel amended his motion, and Mr. McMillin, who seconded said motion, agreed to the amendment, that the President of the Police Jury appoint the sub-committee referred to in the original motion.

President Griffin asked for a roll call vote on the motion as amended, which was that action be deferred relative to hiring a consultant as outlined in Recommendation No. 1 of the Special Service Districts Review Committee, that the President of the Police Jury appoint a sub-committee to meet together to discuss the existing structure of the boards and any problems associated therewith, and after the discussions, that a consultant be hired if it is deemed to still be necessary. The vote on the motion as amended was as follows:

YEAS: Mr. Andrepont, Mrs. August, Mr. Breaux, Mr. Clement, Mr. Collins, Mr. Manuel, and Mr. McMillin

NAYS: Mr. Danahay, Mr. Derbonne, Mr. Kleckley, Mr. Landry, Dr. Mackey, Mr. Moon, and Mrs. Treme

ABSENT: None

The vote being a tie vote (7-7), President Griffin cast her vote against the motion, and said motion failed.

Motion was made by Dr. Mackey and seconded by Mr. Kleckley to approve Recommendation No. 1 of the Special Service Districts Review Committee as outlined heretofore.

An amendment to the motion on the floor was offered by Mr. Landry, and Dr. Mackey accepted said amendment as part of his motion, to include that a sub-committee be appointed by the President of the Police Jury who was asked to take into consideration the appointment of Mr. Landry, Mr. Clement, the President of each Board of Commissioners of the fire districts, and the Fire Chief of each district, to review the results of the study and make recommendation to the Special Service Districts Review Committee with respect thereto.

A roll call vote was then 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, Mr Derbonne, Mr. Kleckley, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. McMillin, Mr. Moon, and Mrs. Treme

NAYS: None

ABSENT: None

NOT VOTING: President Griffin

The vote being 14 - 0 in favor of the motion, President Griffin declared the motion as having carried unanimously.

Motion was made by Mr. Landry, seconded by Mr. Kleckley and carried unanimously that Recommendation No. 2 of the Special Service Districts Review Committee as outlined heretofore be approved.

With regard to Recommendation No. 3 of the Special Service Districts Review Committee, Mr. Milner asked that item (3) under Recommendation No. 3 be deleted due to the fact that a clause covering pre-existing conditions was already included in the existing Parish policy.

It was moved by Mrs. Treme, seconded by Dr. Mackey and carried unanimously to approve Recommendation No. 3 of the Special Service Districts Review Committee with the exclusion of item (3) of said recommendation.

It was moved by Mrs. August, seconded by Mr. McMillin and carried unanimously that the Budget Committee Report dated March 22, 2001, be approved as follows:

BUDGET COMMITTEE REPORT

March 22, 2001

A meeting of the Budget Committee was held at 4:45 p.m. on Thursday, March 22, 2001, 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, Mrs. Luvertha August, Mr. Mike Danahay, Mr. Enos Derbonne, Dr. Charles S. Mackey, and Mrs. Elizabeth Conway Griffin, Ex-Officio

Absent: None

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Kathy Criglow, Mr. Jerry Milner, and Mrs. Tammy Bufkin.

Said Committee:

Recommended that a Cooperative Endeavor Request be approved in the amount of $79,845.00 from Gravity Drainage District No. Seven of Ward Eight for the improvements to English Bayou Lateral (14 and 14B) from the Drainage Improvements allocation of the Riverboat Fund.

Recommended that the budget of Waterworks District No. Five of Wards Three and Eight be amended in the amount of $40,000 to extend an existing waterline down Goodman Road in Ward Three in order to service customers currently within the boundaries of said district. (On March 1, 2001, the Police Jury approved a recommendation of the Public Works Committee that the Budget Committee consider amending the budget for the above referred to project.)

Recommended that the Parish's 2001 Annual Budget be amended as a result of 2000 encumbrance carry-overs.

Advised that an item had been placed on the agenda of the Regular Meeting of the Police Jury on March 22, 2001, requesting approval of a payment to the City of Westlake in the amount of $81,864.95 for wastewater transport services rendered to Sewerage District No. Eight of Ward Four (Mossville) from March, 1993, to December, 2000, with funding to come from the Special Service District Improvement Fund (approximately $19,500) and a loan from the General Fund to the Sewerage District to cover the remainder.

(5) Chairman Andrepont advised the Committee that cattlemen in the Carlyss area had held a meeting with Sheriff Lundy and her deputies concerning vandalism and the need for the Sheriff's deputies to be able to get access to the remote areas of the Parish which needed patrolling, and he had suggested to them that they apply for funding to purchase some all-terrain vehicles (four-wheelers).

(6) Mr. Rex Dansby, 317 Fontenot Road, Lake Charles, appeared before the Committee with reference to the acute need for improvements to Common Street/Gulf Highway in Ward Three. A brief discussion was held on same wherein it was pointed out that the Parish had made a commitment to work with Ward Three Gravity Drainage District No. Four to take care of the drainage improvements that were needed prior to the overlaying, and the Parish had also made a commitment to make the necessary sewer improvements, but the State needed to appropriate $3 million to move the utilities (right-of-way already acquired) from Petro Bowling Center (in the 600 block of Gulf Highway) to Tank Farm Road, as well as to appropriate funding for the widening and overlaying of Gulf Highway. It was also pointed out that some overlaying needed to be done on an interim basis if it was going to be several years before the major improvements were to take place because of the deplorable condition the road was currently in.

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

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22^nd day of March, 2001, that it does hereby approve participation in a partnership with the City of Lake Charles and private entities to sponsor Household Hazardous Waste Collection Day at the Lake Charles Civic Center on April 21, 2001.

BE IT FURTHER RESOLVED that $10,000 will be allocated from the Solid Waste Fund as the Police Jury's cost share.

THUS DONE AND PASSED on the date above inscribed.

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Motion was made by Mr. McMillin, seconded by Mrs. August 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 22^nd day of March, 2001, that it does hereby approve payment to the City of Westlake in the amount of $81,864.95 for wastewater transport services rendered to Sewerage District No. Eight of Ward Four (Mossville) from March, 1993, to December, 2000.

BE IT FURTHER RESOLVED that funding will come from the Special Service District Improvement Fund (approximately $19,500) and a loan from the General Fund to the Sewerage District to cover the remainder.

THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION A RESOLUTION APPROVING THE FORM OF THE SECOND 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 and residents of the District, all in accordance with the terms and provisions of the Joint Services Agreement, or otherwise; and

WHEREAS, by document entitled Supplemental and Amending Joint Services Agreement, the District and the City agreed to amend the Joint Services Agreement, which Supplemental and Amending Joint Services Agreement was approved by this Police Jury on September 21, 2000; and

WHEREAS, by document entitled Second Supplemental And Amending Joint Services Agreement, executed by the District and the City on February 23, 2001, the City and the District agreed that the City, on behalf of the District, would employ four (4) firefighters, who shall be subject to the supervision and control of the City and its existing fire department;

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

SECTION 1. The Second 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 amendments authorized in the Supplemental and Amending Joint Services Agreement and the Second Supplemental and Amending Joint Services Agreement, 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.

Adopted and approved on this 22^nd day of March, 2001.

/s/ ELIZABETH CONWAY GRIFFIN, President

/s/ S. MARK McMURRY, Parish Secretary

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22^nd day of March, 2001, that it does hereby approve the renewal of a lease between the Police Jury and The North American Land Company, Inc., for the Bell City Branch Library.

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. Treme, seconded by Mr. Manuel and carried unanimously that the submittal of the following appropriation requests to U. S. Senator Mary L. Landrieu for Fiscal year 2002 be ratified: (1) Juvenile Assessment and Service Center; (2) Juvenile Crime Information System; (3) Calcasieu Parish Master Plan; (4) Missouri Pacific Drainage Lateral Erosion Control; and (5) Calcasieu River Industrial Canal Public Boat Launch. (It was noted that a letter was received from Senator Landrieu requesting that the Police Jury submit projects for federal funding consideration in Fiscal Year 2002 by March 9, 2001, and the aforementioned projects had been submitted by the deadline.)

It was moved by Mrs. August, seconded by Mr. McMillin and carried unanimously that the appointment of Ms. Mary Ellen Montgomery as a member of the Calcasieu Office of Community Services Board representing the Private Sector, as submitted by The Chamber Southwest, be approved.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 22^nd day of March, 2001, that it does hereby approve the submittal of a refunding application in the amount of $35,106.00 to the Corporation for National Service for the continued operation of the Retired and Senior Volunteer Program for the period of July 1, 2001, through June 30, 2002.

BE IT FURTHER RESOLVED that the President of the Police Jury, and Mrs. Sandra Mason, Director of the Office of Community Services, are authorized to execute all documents related thereto.

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Mrs. August, seconded by Mr. McMillin 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 22^nd day of March, 2001, that it does hereby approve the submittal of an application in the amount of $75,000.00 to the Louisiana Department of Health and Hospitals, Louisiana Abstinence Education/Youth Development Initiative.

BE IT FURTHER RESOLVED that the President of the Police Jury, and Mrs. Sandra Mason, Director of the Office of Community Services, are authorized to execute all documents related thereto.

THUS DONE AND PASSED on the date above inscribed.

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It was moved by Mrs. August, seconded by Mr. McMillin 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 22^nd day of March, 2001, that it does hereby approve the proposed Calcasieu Parish Public Transit Systems Policy and Procedural Manual which has been approved by the Office of Community Service Ad-Hoc Transit Committee, the Office of Community Service Executive Committee, and the Office of Community Service Administering Committee.