Lake Charles, Louisiana

December 6, 2001

The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, December 6, 2001, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, with the Honorable Elizabeth Conway Griffin, President, presiding, and the following members present:

Mesdames Luvertha August; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, and Hal McMillin

Absent: Mrs. Sandra Treme; Messrs. Algie Breaux and Cornelius “Cornie” Moon

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. Jerry Milner, Director of Finance, Mr. Claude Smart, Parish Engineer, Mr. Allen Smith of Plauche, Smith, and Nieset, Legal Counsel, 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 Ms. Mary Danahay, which was followed by the Pledge of Allegiance led by Mr. Danahay. The roll was called with the result being as outlined above.

Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously to approve the following applications for liquor and beer permits:

WARD I

Eckerd Corporation

Shela Atchley – Licensing Supervisor

ECKERD DRUGS #2429

366 Sam Houston Jones Parkway

Lake Charles, LA 70611 Beer – Pkg. – ‘2002 25.00

(Don Manuel’s District)

WARD III

First Louisiana Venture, Inc.

Faizullah Abbasi – Pres.

QUICK CHECK #7

5929 South Common Street

Lake Charles, LA 70605 Liquor & Beer – Pkg. – ‘2001 75.00

(Enos Derbonne’s District) Liquor & Beer – Pkg. – ‘2002 75.00

TNB Entertainment II, LLC of Louisiana

Reid M. Smith – Vice President

CAJUN HAVEN CAFÉ

5505 Hwy. 90 East

Lake Charles, LA 70615 Beer – ‘2002 43.75

(Calvin Collins’ District)

WARD IV

Fisherman’s Headquarters, Inc.

Charles Carr II – Vice President

FISHERMAN’S HEADQUARTERS

5340 Hwy. 27 South

Sulphur, LA 70665 Beer – Pkg. – ‘2002 25.00

(Brent Clement’s District)

Vincent Oil Corporation

Burt Vincent – Pres.

SUPER SAVER EXPRESS TRAVEL CENTER

2706 South Beglis Parkway

Sulphur, LA 70663 Liquor & Beer – Pkg. – ‘2002 75.00

(Brent Clement’s District)

Helen LeDoux d/b/a

THE HIDEAWAY LOUNGE

3200 Cities Service Hwy.

Westlake, LA 70669 Liquor & Beer – ‘2002 135.00

(Brent Clement’s District)

Tobacco Plus, Inc.

Lazar J. Gielen – Sec/Treas.

TOBACCO PLUS #19

800 I-10 West

Westlake, LA 70669 Liquor & Beer – Pkg. – ‘2002 75.00

(Mike Danahay’s District)

Reba’s Trails End, Inc.

Edgar J. Rachal – Pres.

YUKON LOUNGE

3306 East Napoleon Street

Sulphur, LA 70663 Liquor & Beer – ‘2002 135.00

(Hal McMillin’s District)

WARD VII

Tobacco Plus, Inc.

Lazar J. Gielen – Sec/Treas.

TOBACCO PLUS #5

2217 Old Hwy. 90

Vinton, LA 70668 Liquor & Beer – Pkg. – ‘2002 75.00

(Brent Clement’s District)

Circle A Mini Mart, Inc.

Kia Ty Hungh – Pres.

CIRCLE A MINI MART #2

1869 Hwy. 109 South

Vinton, LA 70668 Liquor & Beer – Pkg. – ‘2002 75.00

(Brent Clement’s District)

WARD VIII

Mansehra Company, Inc.

Mohammad A. Swati – Pres.

LANDRY’S QUICK SERVE

6594 Hwy. 3059

Lake Charles, LA 70615 Liquor & Beer – Pkg. – ‘2002 75.00

(Calvin Collins’ District)

TOTAL REMITTANCE: $888.75

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Motion was made by Dr. Mackey, seconded by Mr. Manuel and carried unanimously to approve payment of all current invoices.

It was moved by Mrs. August, seconded by Mr. Clement and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated November 1, 2001, and the reading of same was dispensed with.

Upon motion made by Mr. Kleckley, which was duly seconded by Mr. Derbonne and carried unanimously, the Agenda Committee Report dated November 29, 2001, was approved as follows:

AGENDA COMMITTEE REPORT

November 29, 2001

A meeting of the Agenda Committee was held on Thursday, November 29, 2001, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with Mr. Chuck Kleckley, Chairman, presiding, and the following members present:

Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Algie Breaux, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornie Moon, and Mrs. Sandra Treme.

Absent: None

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Ms. Kathy Criglow, Mr. Richard Gremillion, Mr. Cheryl Heisser, Mr. Ed McGuire, Mr. Claude Smart, Mr. Gerry Trahan, and Mr. Jim Vickers.

Chairman Kleckley advised that the purpose of the meeting on this date was to review the proposed agenda for the regular meeting of the Police Jury to be held on December 6, 2001.

Mr. Cedric Floyd of Data Center in Kenner, Louisiana, appeared before the Agenda Committee with regard to an alternative Police Jury reapportionment plan he was proposing in lieu of the plan approved by the Police Jury on November 15, 2001.

Following review of the items to be considered by the Police Jury on December 6^th, it was unanimously recommended that the proposed agenda be accepted, with the following additions:

With respect to an item on the proposed agenda pertaining to action on the vacancy on the Board of Commissioners of Ward Four Fire Protection District No. Three created by the resignation of Mrs. Ethel Chiasson (consensus recommendation of the jurors representing Districts 3, 14, and 15, with the liaison being responsible for seeing that a consensus has been reached – Mr. McMillin is the liaison), a joint recommendation was made at the Agenda Committee by the jurors representing Districts 3, 14, and 15 that action on this vacancy be deferred until the Regular Meeting on December 20, 2001, and further, that Chapter 2, Section 13.2 of the Operational Policies Manual, 2^nd Edition, be amended with respect to the composition of the Board of Commissioners of Ward Four Fire Protection District No. Three, as well as the composition of the Board of Commissioners of Recreation District No. One of Ward Four, to replace the existing “consensus” nomination for the seats to said Board with a formal allocation plan as follows: District 3 – one member, District 14 – three members, and District 15 – one member.

With respect to an item on the proposed agenda pertaining to the appointment of two individuals to the Regional Partnership for Economic Development Steering Committee, recommendation was made by the Agenda Committee that the President of the Police Jury and the Chairman of the Agenda Committee together formulate a list of nominees for further consideration by the Police Jury.

Added the following item to the proposed agenda – Consideration of declaring Monday, December 24, 2001, as a paid holiday for Police Jury employees.

Added the following item to the proposed agenda – Receive report from Mr. Cedric Floyd of Data Center in Kenner, Louisiana, regarding an alternative Police Jury reapportionment plan he is proposing in lieu of the plan approved by the Police Jury on November 15, 2001.

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

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

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

Motion was made by Dr. Mackey, seconded by Mr. Manuel and carried unanimously to approve the Public Works Committee Report dated November 29, 2001, as follows:

PUBLIC WORKS COMMITTEE REPORT

November 29, 2001

A meeting of the Public Works Committee was held on Thursday, November 29, 2001, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with Mr. Cornelius Moon, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Algie Breaux, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Hal McMillin, and Mrs. Sandra Treme

Absent: None

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Ms. Kathy Criglow, Mr. Richard Gremillion, Ms. Cheryl Heisser, Mr. Ed McGuire, Mr. Claude Smart, Mr. Gerry Trahan, and Mr. Jim Vickers.

Said Committee:

1) Recommended that the recommendation of the Planing and Zoning Board be upheld with reference to SV03-010-01 and that the request of Simeon LeBleu III for a subdivision variance to allow residential development with no public road frontage be denied. (Sim LeBleu Road in Ward Three, Police Jury District 9)

[The Planning and Zoning Board met on November 13, 2001, and voted 7 (against) and 3 (for) to recommend that the request be denied. The staff had recommended the following stipulations if the request was granted: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that a private servitude agreement be submitted for review and filed with the Clerk of Court’s Office within ten days; and 3) that the road maintenance agreement must be filed with the Clerk of Court’s Office within ten days.]

2) Recommended that a resolution be adopted accepting South 40 Estates Part Two Subdivision located in Section 28, Township 10 South, Range 7 West, off of Highway 14 East in Ward Two, and further, authorizing the President of the Police Jury to execute a road maintenance agreement with South 40 Estates Homeowners Association, Inc. related to repairs and maintenance within a pipeline right-of-way which crosses said subdivision.

3) Recommended that existing ordinances be amended and/or ordinances be adopted with reference to the following:

3.1) establish a uniform procedure for the removal of encroachments from the public right-of-way;

3.2) establish “no launching” of any vessel into a waterway from a parish right-of-way with the exception of designated launches; and

3.3) amend school zone speed limit provisions to stipulate that the speed limit is in effect when children are present “or when school zone beacons are flashing.” (language in quotes indicates what was proposed to be added)

4) Recommended that an ad hoc committee be appointed by Chairman Moon to study and make recommendation with reference to the issue of private roads being accepted into the Parish transportation system. This recommendation came as a result of the request of Mr. Glen Burnett who appeared before the Committee on October 25, 2001, that Allied Road (approximately 1600' in length) located off of North Claiborne Street in Ward Four be accepted as a public road since it was at one time a part of the Parish transportation system according to Mr. Burnett. Chairman Moon appointed Mr. Manuel, Mr. Breaux, and Mr. Collins to serve on the ad-hoc committee. Subsequent to the Public Works Committee meeting on November 29, 2001, Chairman Moon also appointed Mr. Clement and Mrs. Treme to the ad hoc committee.

(Note: It was noted that on October 25, 2001, the Public Works Committee made a recommendation approving Mr. Burnett’s request, but Dr. Mackey asked that the staff research said matter and give a report at the regular meeting on November 1, 2001. The staff gave a report on November 1, 2001, and the Police Jury deferred action for thirty days.)

5) Received no public comments with reference to the 2002-2004 Capital Improvement plan and recommended approval of same.

6) Recommended that the Jefferson Davis Parish Police Jury be contacted by staff concerning the irreparable condition of the Lorrain Bridge in Ward 2, as well as the continuing problem of debris in Lacassine Bayou collecting around the unstable pilings of the bridge, to determine their willingness to participate in the demolition and removal of said structure. (Mr. Landry and Mrs. Treme voted in opposition to this recommendation.)

(Note: It was noted that Lorrain Bridge had been closed to vehicular traffic since March 2, 1998, and the debris floating down Lorrain Bayou would get trapped on the substructure of the bridge and completely block the waterway, slowing drainage and stopping boat traffic.)

7) Recommended that a resolution be adopted approving the submittal of an Application for Transportation Enhancement Projects from the Louisiana Department of Transportation and Development for the Parish to construct four-foot wide concrete sidewalks along the east side of Heard Road and the south side of New School Street in Ward Three, and further, authorizing the President of the Police Jury, or her designee when appropriate, to execute all documents related thereto.

(Note: It was noted that the total amount of the project was $129,041.50 with the Parish contributing five percent of the total cost in the amount of $6,452.08.)

8) Recommended that the proposal of CBK Soils Engineering, Inc. be accepted for the performance of geotechnical investigation for the proposed Industrial Canal Boat Launch.

9) Recommended that Calcasieu Parish Project No. 2001-03 be accepted as substantially complete (Ward 3 – East Prien Lake Road, Greathouse Road, Lafanette Road, Luke Powers Road, Ward Line Road, and Wesley Road; Ward 4 – Alvin Road, Arthur Vincent Road, Barrett Road, Dale Street, Dalton Road, Fred Istre Road, Joel Road, Ollin Street, West Cotton Vincent Road and Whittaker Street; Ward 5 – Arnold Smith Road, Buddy Johnson Road, Earl Phillips Road, Harold Ellis Road, Hubert Braneff Road, Pete Nation Road, Pete Nation Road Extension, Phillip Corry Road, Roy Lee Ashworth Road, Scales Road and Scales Road Extension; Ward 6 – Dommert Place Drive; Ward 7 – Ann Street, North Old Hwy 90, and South Old Hwy 90; Ward 8 – Dennison Road (Part 2 of 3), McCown Road, River Road, and Shane Road) as substantially complete.

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

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

President Griffin advised that action would be taken at this time with reference to Recommendation No. 6 of the Public Works Committee due to the fact that there were quite a few people in attendance to discuss this recommendation.

Mrs. August advised that Mr. Breaux was sorry to have missed the meeting on this date and had asked that the Police Jury defer action on this matter because of his background and knowledge of it and because he would like to be present to discuss it. Mrs. August further advised that Mr. Breaux had requested that if action could not be deferred, that a letter he had written on the subject be read aloud prior to receiving comments.

Motion was then made by Mr. Andrepont, seconded by Mr. Danahay and carried unanimously to defer action for sixty days.

Ms. Pauline Lorrain Poole and Mr. Gus Bell, Post Office Box 194, Hayes, appeared before the Police Jury and stated that many people had contacted them expressing concern that they wanted them to do something about saving the bridge. Ms. Poole stated that Mr. Bell in a day and a half had collected 600 names on a petition, and she asked the people in the audience who were supportive of their efforts to stand, pointing out there were many more who could not attend the meeting on this date. Ms. Poole thanked the Police Jury for the 60-day deferral.

Motion was made by Mr. Andrepont and seconded by Mrs. August that a letter be written to the appropriate State agency that supplemented funding to enhance preservation for these types of projects and to ask representatives of said agency to appear before the Police Jury in the next 60 days to explain why there was no type of financial assistance available for the Lorrain Bridge, since it was a landmark between the two parishes of Calcasieu and Jefferson Davis.

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

A motion was offered by Mr. Landry to instruct Mr. Smart to pursue a federal grant that was specifically for construction of walking bridges which he thought would pay for 80% of the cost. Mr. Smart stated that the deadline for submittal of the grant application was December 28, 2001.

President Griffin asked if Mr. Smart and his staff would have sufficient time to prepare the grant application to which Mr. Smart responded affirmatively but that he had a question as to whether Jefferson Davis Parish should be included in the application, since the boundary between Calcasieu and Jefferson Davis parishes ran down the middle of Laccassine Bayou. Mr. Smart suggested that perhaps the staff could go ahead and complete and forward the application prior to the deadline, and those details could be worked out later.

Mr. Kleckley seconded Mr. Landry’s motion, and a vote thereon carried unanimously.

Mr. McMillin pointed out that construction of a walking bridge was not the only option for resolving the problems associated with Lorrain Bridge. He stated that other options included reconstruction/construction of a bridge for vehicular traffic and complete removal of the bridge. Mr. McMillin advised that he felt it was a good idea to go ahead and apply for the grant to construct a walking bridge but in the next 60 days, he would like for consideration to also be given to the possibility of vehicular traffic being able to use the bridge.

Mr. Clement questioned whether Calcasieu Parish could apply for funding for a bridge that was only one-half ours, and Mr. Smart stated that the application could be submitted, but he was not sure it could be built without the cooperation and permission of the Jefferson Davis Parish Police Jury.

Mr. Clement suggested that Jefferson Davis Parish be contacted concerning the possibility of being included in the grant application, to which President Griffin stated that the staff could work out those details and then let the Police Jury know the outcome.

Mr. Derbonne asked if there was a contact person in Jefferson Davis Parish with whom Mr. Elton Louviere (who was also in attendance at the meeting) was working with respect to raising funds. Ms. Poole advised that she had been in contact with the Jefferson Davis Parish Police Juror who represented the district in which she owned property, and he had been willing to work with them. She pointed out that she lived in Calcasieu Parish but owned property in both Calcasieu and Jefferson Davis parishes. President Griffin asked Ms. Poole to get with Mr. Smart with information pertaining to names of contact persons.

President Griffin then declared a three-minute recess so that those who wished to leave the meeting could do so.

President Griffin recognized State Representative Elcie Guillory as being present at the meeting on this date, as well as Pastor J. L. Franklin of Bethel Metropolitan Baptist Fellowship in Lake Charles.

Mr. Sim LeBleu, 8878 Gulf Highway, Lake Charles, appeared before the Police Jury with reference to Recommendation No. 1 of the Public Works Committee as outlined heretofore. He stated that one and onehalf years ago he had applied for the same variance, and prior to that time the Police Jury had issued five permits for similar requests, yet he had been turned down by the Police Jury. Mr. LeBleu further stated that since his denial, the Police Jury had issued over a dozen permits for the same type of variance, three of which he said had been one to one and one-half miles from his home, one recently having been for private road development 615 feet from his road.

Mr. LeBleu asked if his denial was because of “politics as usual” or favoritism because everyone could get a permit but him, and he asked for a reason why his request was continually turned down.

President Griffin admonished Mr. LeBleu for his comments, pointing out that he would not be allowed to insult the Police Jury but if he wanted to make factual statements, he would be allowed to continue.

Mr. LeBleu stated that the Police Jury staff had recently issued a permit to someone who had a trailer that was illegally placed on their property, and the trailer had to be moved off the property, yet less than four months after that, a permit was issued for this particular trailer.

Mr. Andrepont asked for clarification from the staff, and Mr. Vickers stated that he thought Mr. LeBleu might be referring to a road variance but there were so many of these type of requests, he could not be sure exactly what he was talking about without additional information.

Mr. LeBleu stated that he was referring to an illegally placed trailer belonging to Ms. Debra LaBove which the staff had made her move, and then four months later issued a permit for private road development.

Mr. Vickers explained that Ms. LaBove did have a trailer with a permit conditioned on her building a house at that location, but the house was not built during the time specified on the permit, so the staff notified Ms. LaBove to move the trailer off the property. Mr. Vickers further explained that the trailer was moved, then the owners applied for a permit at the end of the road which did not have the necessary frontage, and they did obtain a variance to build a home there.

In answer to a question by Mr. Manuel, Mr. Vickers explained that the property owned by Ms. LaBove did have some public road frontage but not the 80' frontage that was required.

Mr. LeBleu stated that they had no frontage because the road was a deadend, and the property adjacent to the LaBove’s belonged to her brother, so they had applied for a permit to continue their existing driveway from the end of the road on to their property.

Mr. Vickers concurred with Mr. LeBleu and stated that he did not have his files with him pertaining to that variance, but if his memory served him correctly, Mrs. LaBove’s brother did have frontage and in turn, he sold another piece of property to his sister, and the variance was granted for that.

Mr. Derbonne asked Mr. LeBleu if he had filed any restrictions, and Mr. LeBleu responded that he had had everybody that had purchased property from him sign a letter of intent concerning the restrictions, and his attorney had told him those documents did not need to be filed as long as the affidavits were signed and notarized because they were considered legal and binding documents. Mr. LeBleu further stated that he had tried to work with the Parish, and the Permit Office had told him that if he bought back two of the lots he had sold, they would issue the permits. He stated that he had bought the property back which had cost him $26,000 and that after he had bought it back, he developed and sold them and then was told he was in violation. Mr. LeBleu stated that the Parish had told him that once the permits were issued, nothing could be done; however, afer the permits were issued and he had done what he had to do, then he was told he was doing something illegal. He stated that a law was only a law if it applied to everyone, not just a select few, and that permits should not only be issued to the ones that were “favored.”

Mr. Landry stated that he had done some research on the situation and had found that the property had been subdivided four times without Police Jury approval. He stated that on January 26, 1999, Mr. LeBleu sold a lot to a Mr. Willis; on March 23, 1999, a lot to a Mr. Gray; on April 19, 2000, a lot to a Mr. Conner and to a Mr. Mott, and that all of this had been done without getting subdivision approval. Mr. Landry further stated that on August 15, 2000, Mr. LeBleu had asked for the Planning and Zoning Board’s approval for development on a non-public road, pointing out that after Mr. LeBleu bought his property, he had found out it was two feet too low according to FEMA flood guidelines. Mr. Landry also stated that on September 7, 2000 the Police Jury denied his request, yet eight days later Mr. LeBleu sold a lot on the non-public road along which the Police Jury had told him he could not develop. Mr. Landry further stated that on October 20, 2000, Mr. LeBleu had sold another lot to a Mr. Fuselier without subdivision approval and on November 7, 2000, he bought back a piece of property he had previously sold to a Mr. Lassiter. Mr. Landry further stated that on January 22, 2001, Mr. LeBleu had sold property to a Mr. Rozas on the same non-public road that the Police Jury had told him he could not develop on, and he thought this was the property in question.

Mr. Vickers stated that the issue was that when the permits were issued, it was legal to do so but that what brought it into violation of the subdivision ordinance was when the property was re-subdivided and it no longer had the required public road frontage.

Mr. Landry continued, pointing out that on January 23, 2001, Mr. LeBleu bought back another piece of property and on March 26, 2001, he obtained a permit for the property he had previously sold to Mr. Rozas. Mr. Landry further stated that on April 25, 2001, was when a letter was sent to Mr. LeBleu telling him he was in violation. Mr. Landry also stated that to add to the confusion, Mr. Rozas