September 19, 2002

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, September 19, 2002, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with The Honorable Enos Derbonne, President, presiding, and the following members present:

Mesdames Luvertha August, Elizabeth Conway Griffin, and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Hal McMillin, and Cornelius "Cornie" Moon

Absent: Messrs. Algie Breaux and Don Manuel

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, Mrs. Cheryl Heisser, Director of Human Resources, Mr. Jerry Milner, Director of Finance, Mr. Claude Smart, Parish Engineer, Mr. Allen Smith of the firm of Plauche, Smith and Nieset, Legal Counsel, and Mr. Jim Vickers, Director of Planning and Development.

President Derbonne called the meeting to order, and the invocation was pronounced by Reverend Alvin Noel of True Light Baptist Church, which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.

Motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously that the following application for a beer permit be approved:

WARD IV

Kelli Cowan/Freddie Cowan d/b/a

KC QUICKSTOP

3700 North Claiborne

Sulphur, LA 70663 Beer - Pkg. $25.00

(Francis Andrepont's District)

Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated August 15, 2002, were approved, and the reading of same was dispensed with.

President Derbonne advised that action was needed on Zoning Case RZ03-040-02 which was a request by Wilton and Fay Red to rezone from R-2 (Mixed Residential) to R-1 (Single Family Residential) to allow a residential subdivision (God's Property) between Tommy's Lane and Deshotel Lane off the south side of East Opelousas Street in Ward Three, Police Jury District 2. President Derbonne further advised that the Planning and Zoning Board had met on Tuesday, September 17, 2002, and 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 development adhere to the subdivision regulations of Calcasieu Parish.

Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-040-02 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4408

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Wilton and Fay Red to rezone from R-2 (Mixed Residential) to R-1 (Single Family Residential) to allow a residential subdivision (God's Property) on the property described as: Com at the NE cor of S35, T9S, R8W, Calcasieu Parish, Louisiana; thence N 89 degs 56' 00" W, along the N line of said S35, a distance of 1020.0 feet; thence S 0 degs 02' 10" E, along the W right-of-way line of Tommy's Lane, a distance of 549.55 feet to the pob; thence S 0 degs 02' 10" E, along said W row line, a distance of 597.78 feet; thence S 89 degs 41' 30" W, a distance of 290.0 feet to the E row line of Deshotel Lane; thence N 0 degs 02' 11" W, along the said E row line, a distance of 593.46 feet; thence N 88 degs 50' 19" E, a distance of 290.05 feet to the pob.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of September, 2002, 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 R-2 (Mixed Residential) to R-1 (Single Family Residential) to allow a residential subdivision (God's Property) 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 development adhere to the subdivision regulations of Calcasieu Parish; on the property described as: Com at the NE cor of S35, T9S, R8W, Calcasieu Parish, Louisiana; thence N 89 degs 56' 00" W, along the N line of said S35, a distance of 1020.0 feet; thence S 0 degs 02' 10" E, along the W right-of-way line of Tommy's Lane, a distance of 549.55 feet to the pob; thence S 0 degs 02' 10" E, along said W row line, a distance of 597.78 feet; thence S 89 degs 41' 30" W, a distance of 290.0 feet to the E row line of Deshotel Lane; thence N 0 degs 02' 11" W, along the said E row line, a distance of 593.46 feet; thence N 88 degs 50' 19" E, a distance of 290.05 feet to the pob.

Zoning Case RZ03-040-02

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/ Enos Derbonne, President

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

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

President Derbonne advised that action was needed on Zoning Case RZ08-022-01 which was a request by Jennifer Bufford McCracken to allow a revised site plan for a second warehouse on property located on the southwest corner of East Opelousas Street and Highway 3256 in Ward Eight, Police Jury District 10. President Derbonne further advised that the Planning and Zoning Board had met on Tuesday, September 17, 2002, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that all drives and parking will be hardsurfaced (concrete or asphalt); (2) that the development adhere to the site plan on file with the Division of Planning and Development; (3) that the proper permits must be obtained; and (4) that the petitioner agrees to construct parking areas in accordance with the revised site plan. [It was noted that the Planning and Zoning Board had met on Tuesday, June 19, 2001, and the Police Jury met on Thursday, June 21, 2001, and voted unanimously that the request to rezone the property from R-MHP (Manufactured Home Park) to I-1 (Light Industrial) to allow a warehouse be granted with the following stipulations: (1) that only the north 250' be rezoned; (2) that all drives and parking will be hardsurfaced (concrete or asphalt); (3) that the development adhere to the site plan on file with the Division of Planning and Development; (4) that the proper permits must be obtained within thirty days of zoning approval; (5) that the use be limited to a warehouse; and (6) that the petitioner agrees to construct parking areas in accordance with the revised site plan which will be submitted at the meeting.]

It was moved by Mr. Clement, seconded by Mrs. Treme and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ08-022-01 and to grant the request to allow a revised site plan for a second warehouse with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4409

AN ORDINANCE amending Ordinance No. 4279 (Zoning Case RZ08-022-01), adopted by the Police Jury on June 21, 2001, which rezoned from R-MHP (Manufactured Home Park) to I-1 (Light Industrial) to allow a warehouse on the property described as: Com at the NE cor of SE/4 of S30, T9S, R7W; thence S 452.45 feet, m/l, to the N line of the Southern Pacific Railroad row; thence W 216.4 feet, m/l; thence N 452.45 m/l to the quarter section line; thence E 216.4 feet m/l to the point of beginning Calcasieu Parish, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of September, 2002, that it does hereby amend Ordinance No. 4279 (Zoning Case RZ08-022-01) adopted by the Police Jury on June 21, 2001, to allow a revised site plan for a second warehouse with the following stipulations: 1) that all drives and parking will be hardsurfaced (concrete or asphalt); 2) that the development adhere to the site plan on file with the Division of Planning and Development; 3) that the proper permits must be obtained; and 4) that the petitioner agrees to construct parking areas in accordance with the revised site plan; on the property described as: Com at the NE cor of SE/4 of S30, T9S, R7W; thence S 452.45 feet, m/l, to the N line of the Southern Pacific Railroad row; thence W 216.4 feet, m/l; thence N 452.45 m/l to the quarter section line; thence E 216.4 feet m/l to the point of beginning Calcasieu Parish, Louisiana.

BE IT FURTHER ORDAINED that all remaining portions of Ordinance No. 4279 adopted by the Police Jury on June 21, 2001, shall remain in full force and effect.

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

/s/ Enos Derbonne, President

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

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

President Derbonne advised that action was needed on Zoning Case RZ01-036-02 which was a request by Henry and Glenda Watkins to rezone from C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development (house) at 1870 North Perkins Ferry Road in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, September 17, 2002, and 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 proper permits must be obtained.

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 RZ01-036-02 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4410

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Henry and Glenda Watkins to rezone from C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development (house) on the property described as: West 300' of the S 3/4 of the SW/4 of the SW/4 of Section 30, Township 8 South, Range 8 West, Calcasieu Parish, Louisiana.

From C-1 (Light Commercial) to R-1 (Single Family Residential) to allow residential development (house) 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 proper permits must be obtained; on the property described as: West 300' of the S 3/4 of the SW/4 of the SW/4 of Section 30, Township 8 South, Range 8 West, Calcasieu Parish, Louisiana.

Zoning Case RZ01-036-02

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

/s/ Enos Derbonne, President

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

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

President Derbonne advised that action was needed on Zoning Case RZ04-037-02 which was a request by Easy Elmer Bennett, Jr. to rezone from C-1 (Light Commercial) and A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (store and horse trailer sales at 2893 Highway 90 West in Ward Four, Police Jury District 13. He further advised that the Planning and Zoning Board had met on Tuesday, September 17, 2002, and 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 the proper permits must be obtained within five days of zoning approval; (3) a Parish occupational license must be obtained within thirty days of zoning approval; and (4) that the use be limited to the storage and sales of horse trailers.

It was moved by Mr. Danahay, seconded by Mrs. Griffin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ04-037-02 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4411

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Eary Elmer Bennett, Jr. to rezone from C-1 (Light Commercial) and A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (Store and horse trailers sales) on the property described as: North 150' of the following: Commencing 660 feet W and 50 feet S of the NE cor of the NE/4 of the NW/4 of S1, T10S, R11W, on the S side of Hwy 90, thence W 150 feet, thence S 610 feet, thence E 150 feet, thence N 610 feet, to the poc and North 150' of the following: Com on S/S US Hwy. 90, which is 810 ft W and 50 ft S of NE cor NE NW 1.10.11, th W along S/S Hwy. 130 ft, S parl to w/l NW 610 ft. etc-1.82 acs.

From C-1 (Light Commercial) and A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (store and horse trailers sales) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the proper permits must be obtained within 5 days of zoning approval; 3) a Parish occupational license must be obtained within 30 days of zoning approval; and 4) that the use be limited to the storage and sales of horse trailers; on the property described as: North 150' of the following: Commencing 660 feet W and 50 feet S of the NE cor of the NE/4 of the NW/4 of S1, T10S, R11W, on the S side of Hwy 90, thence W 150 feet, thence S 610 feet, thence E 150 feet, thence N 610 feet, to the poc and North 150' of the following: Com on S/S US Hwy. 90, which is 810 ft W and 50 ft S of NE cor NE NW 1.10.11, th W along S/S Hwy. 130 ft, S parl to w/l NW 610 ft. etc-1.82 acs.

Zoning Case RZ04-037-02

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

/s/ Enos Derbonne, President

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

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

President Derbonne advised that action was needed on Zoning Case RZ03-038-02 which was a request by R.C.S. Land Company LLC to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to allow a Family Dollar Store at 5723 Highway 14 in Ward Three, Police Jury District 10. He further advised that the Planning and Zoning Board had met on Tuesday, September 17, 2002, and 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 parking and drives must be hardsurfaced (asphalt or concrete); (3) that the use be limited to a retail store only; (4) that the proper permits must be obtained; (5) that an occupational license must be obtained from the Division of Planning and Development; and (6) that the dumpster(s) be placed in a six-foot, fenced-in containment area.

Motion was made by Mrs. August, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-038-02 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4412

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by RCS Land Company LLC to rezone from R-1 (Single Family Residential) to C-2 (General Commercial) to allow a Family Dollar Store on the property described as: That certain tract or parcel of land described as com at a point 45 ft S and 30 ft E of the NW cor of the N/2 of the SW/4 of S27, T10S, R8W, Louisiana Meridian, on the E side of Hwy. 42; thence E a distance of 208.7 ft; thence S a distance of 208.7 ft thence W a distance of 208.7 ft. to said Hwy. 42 and thence N along the E line of said highway a distance of 208.7 ft to the pob, containing one (1) acre.

From R-1 (Single Family Residential) to C-2 (General Commercial) to allow a Family Dollar Store 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 parking and drives must be hardsurfaced (asphalt or concrete); 3) that the use be limited to a retail store only; 4) that proper permits must be obtained; 5) that an occupational license must be obtained from the Division of Planning and Development; and 6) that the dumpster(s) be placed in a six foot fenced in containment area; on the property described as: That certain tract or parcel of land described as com at a point 45 ft S and 30 ft E of the NW cor of the N/2 of the SW/4 of S27, T10S, R8W, Louisiana Meridian, on the E side of Hwy. 42; thence E a distance of 208.7 ft; thence S a distance of 208.7 ft thence W a distance of 208.7 ft. to said Hwy. 42 and thence N along the E line of said highway a distance of 208.7 ft to the pob, containing one (1) acre.

Zoning Case RZ03-038-02

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

/s/ Enos Derbonne, President

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

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

President Derbonne advised that action was needed on Zoning Case RZ04-039-02 which was a request by David Dwayne Sexton to rezone from R-2 (Mixed Residential) to R-MHP (Manufactured Home Park) to allow a manufactured home park (four spaces) at 135 Carlyss Drive in Ward Four, Police Jury District 12. He further advised that the Planning and Zoning Board had met on Tuesday, September 17, 2002, and voted unanimously to recommend that the request be denied. President Derbonne pointed out that should the Police Jury overturn the recommendation of the Planning and Zoning Board and vote to grant the request, the Planning and Zoning staff had recommended the following stipulations: (1) that the development adhere to the revised site plan on file with the Division of Planning and Development; (2) that the proper permits must be obtained within thirty days of zoning approval; (3) that the manufactured homes must be skirted within ninety days of zoning approval; and (4) that all drives and parking must be hardsurfaced (concrete or asphalt).

Motion was made by Mr. Danahay, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ04-039-02 and that the request to rezone be denied.

President Derbonne advised that action was needed on Zoning Case RZ04-035-02 which was a request by residents of Fontenot Road to rezone from R-2 (Mixed Residential), C-3 (Central Business Commercial), and R-MHP (Manufactured Home Park) to R-1 (Single Family Residential) to maintain a single family residential character on Fontenot Road in Ward Four, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, September 17, 2002, and voted unanimously to recommend that the property be rezoned but that the property currently zoned as a manufactured home park (Bob's Trailer Park) remain R-MHP (Manufactured Home Park).

Upon motion made by Mr. Kleckley, which was duly seconded by Mrs. Griffin and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the request to rezone was granted with the exception of the property currently zoned as a manufactured home park (Bob's Trailer Park) which would remain R-MHP; whereupon, the following ordinance was adopted:

ORDINANCE NO. 4413

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Residents of Fontenot Road to rezone from R-2 (Mixed Residential), C-3 (Central Business Commercial), and R-MHP (Manufactured Home Park) to R-1 (Single Family Residential) to maintain single family residential character on the property described as: Parcels located on both sides of Fontenot Road in Section 14, Township 9 South, Range 9 West, containing 24.8 acres m/l.

From R-2 (Mixed Residential), C-3 (Central Business Commercial), and R-MHP (Manufactured Home Park) to R-1 (Single Family Residential), with the stipulation that the property currently zoned as a manufactured home park (Bob's Trailer Park) remain R-MHP (Manufactured Home Park) to maintain single family residential character on the property described as: Parcels located on both sides of Fontenot Road in Section 14, Township 9 South, Range 9 West, containing 24.8 acres m/l.

Zoning Case RZ04-035-02

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

/s/ Enos Derbonne, President

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

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

President Derbonne advised that action was needed on amending the Calcasieu Parish Code of Ordinances to remove as a permitted use a dwelling for a resident watchman or caretaker employed on the premises and provide that this use may be permitted as an exception by the Planning and Zoning Board in all commercial zoning districts, and further, add "dwelling for resident watchman or caretaker employed on premises" to I-1 (Light Industrial) "Permitted Uses". President Derbonne further advised that the Planning and Zoning Board had met on Tuesday, September 17, 2002, and voted unanimously to recommend the following changes: remove the following from Zoning Districts C-1 (Light Commercial), C-2 (General Commercial), and C-3 (Central Business Commercial) "Permitted Uses" dwelling for resident watchman or caretaker employed on premises and add as "Permitted as Exceptions by Planning and Zoning Board" in C-1 (Light Commercial), C-2 (General Commercial), and C-3 (Central Business Commercial), add "dwelling for resident watchman or caretaker employed on premises" to I-1 (Light Industrial) "Permitted Uses".

Motion was made by Mr. Clement, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to this matter and that the following ordinance be adopted:

ORDINANCE NO. 4414

AN ORDINANCE Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of September, 2002, that it does hereby amend Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION I. Chapter 26, Article IV, Sec. 26-28. Minimum requirements, Chart A, Schedule of Zoning District Regulations, ZONING DISTRICT: C-1 (LIGHT COMMERCIAL), Permitted Uses is amended in its entirety to read as follows:

Permitted Uses-Animal hospitals; bakeries; business and professional offices; catering and delicatessen services; churches; cleaning and dyeing of garments; convenience stores; day cares; drug stores; fix-it shops; funeral homes; kennels; laundromats; nurseries (horticultural); personal service shops; ponds; public uses; restaurants (no alcoholic beverages consumed on premises); seasonal fireworks stand; similar retail stores for convenience of neighboring residents; and studios.

SECTION II. Chapter 26, Article IV, Sec. 26-28. Minimum requirements, Chart A, Schedule of Zoning District Regulations, ZONING DISTRICT: C-1 (LIGHT COMMERCIAL), Permitted as Exceptions by Planning and Zoning Board is amended in its entirety to read as follows:

Permitted as Exceptions by Planning and Zoning Board-All residential uses; billboards; borrow-pits; communication towers; dwelling for resident watchman or caretaker employed on premises; institutions; intensive recreational facilities; mini-warehouses; parking lots for business uses within 300 feet of district boundary; and railroads.

SECTION III. Chapter 26, Article IV, Sec. 26-28. Minimum requirements, Chart A, Schedule of Zoning District Regulations, ZONING DISTRICT: C-2 (GENERAL COMMERCIAL), Permitted as Exceptions by Planning and Zoning Board is amended in its entirety to read as follows:

Permitted as Exceptions by Planning and Zoning Board-All residential uses; communication towers; dwelling for resident watchman or caretaker employed on premises; parking lots for business uses within 300 feet of district boundary; and railroads.

SECTION IV. Chapter 26, Article IV, Sec. 26-28. Minimum requirements, Chart A, Schedule of Zoning District Regulations, ZONING DISTRICT: C-3 (CENTRAL BUSINESS COMMERCIAL), Permitted as Exceptions by Planning and Zoning Board is amended in its entirety to read as follows:

SECTION V. Chapter 26, Article IV, Sec. 26-28. Minimum requirements, Chart A, Schedule of Zoning District Regulations, ZONING DISTRICT: I-1 (LIGHT INDUSTRIAL), Permitted Uses is amended in its entirety to read as follows:

Permitted Uses-Same as C-3; plus airports and airstrips; automobile, truck, trailer, motorcycle, bicycle repair and assembly; bakery factories; wholesale manufacturing; basket and hamper construction (wood, reed, rattan, etc.); bedding manufacture (mattress, pillow, and quilt); blending processes; candy wholesale (manufacturing permitted); carbon paper and inked ribbon manufacture; carpet, rug, and mat manufacture and cleaning; cemetery (mausoleum); cigar and cigarette manufacture; coffee roasting and blending; cold storage; contractor shop and storage yard; dairy product processing and packaging; dwelling for resident watchman or caretaker employed on premises; exterminating establishments; fruit and vegetable processing and packaging; garment factory; heliport and helistop; ice manufacture, including dry ice (no gases to be manufactured on premises); industrial vocational training school (including internal combustion engines); iron (ornamental) fabrication or storage; knitting, weaving, printing, and finishing of textiles and fibers into fabric goods; laboratories (research or experimental); leather goods manufacture (excluding tanning); meat products, processing and packaging, (except slaughtering); monument processing and shaping, including sales; pipe fabrication; plating, communication tower; shipping container manufacture (including corrugated board, fiber, steel, or wood); transit vehicle storage and servicing; warehouses; oil well drilling and service company; water well service and drilling company; welding and machine shops; sandblasting shops; wholesale distributors; truck terminals; railroads; ponds; and public uses; tire recycling and storage/processing facilities.

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

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

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

THUS PASSED AND ADOPTED on this, the 19^th day of September, 2002.

/s/ Enos Derbonne, President

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

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

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Chemical Waste Management, Inc. to clear a 50 foot by 50 foot area for each of 23 sample sites for soil borings to determine soil composition and properties prior to final landfill design. The proposed project is located on a 360-acre tract in Sections 8 and 17, Township 11 South, Range 10 West, of which approximately 29.2 acres are classified as wetlands subject to Corps of Engineers jurisdiction near Carlyss, Louisiana, in Calcasieu Parish; and

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

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of September, 2002, that it does hereby indicate no objection to the proposal of Chemical Waste Management, Inc. to clear a 50 foot by 50 foot area for each of 23 sample sites for soil borings to determine soil composition and properties prior to final landfill design. The proposed project is located on a 360-acre tract in Sections 8 and 17, Township 11 South, Range 10 West, of which approximately 29.2 acres are classified as wetlands subject to Corps of Engineers jurisdiction near Carlyss, in Calcasieu Parish, Louisiana, in Calcasieu Parish.

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.

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

It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously to defer action on various options concerning the possible closure of the railroad crossing on Packing House Road (DOT No. 767-959B) until the Public Works Committee Meeting scheduled for September 26, 2002.

Upon motion made by Mrs. Griffin, 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 19^th day of September, 2002, that it does hereby agree to install and maintain both advance warning signs and pavement markings for the railroad crossing located at Prater Road (DOT NO. 768-109P) in Ward Four in conjunction with the installation of railroad crossing signals by the Federal Highway Administration under the Federal Railroad Safety Program.

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Mr. Clement, seconded by Mr. Danahay and carried unanimously that the following resolution be adopted:

RESOLUTION

WHEREAS, HEP Energy, Inc., Post Office Box 52149, Lafayette, Louisiana, 70505, made application in writing dated September 11, 2002, addressed to the Calcasieu Parish Police Jury, Lake Charles, Louisiana, requesting the said Police Jury to advertise for bids for leasing for mineral lease all of the right, title, and interest held by the Parish of Calcasieu, in the following described land situated in Calcasieu Parish, Louisiana, to-wit:

Those certain tracts or parcels of land containing 6.5 acres, more or less, situated in the West Half of the East Half (W/2 of E/2) North of Interstate Highway I-10 and South of U. S. Highway 90, Section 30, Township 10 South, Range 12 West, Calcasieu Parish, Louisiana, and being more particularly described as those certain roads identified as Oak Grove Drive and Red Oak Drive along with all adjacent and adjoining easements as shown on plat of survey titled Corrected Plat of Oak Grove Estates, dated March 14, 1968, prepared by A. R. Walton and recorded at Plat Book 19, Page 35, bearing File No. 1100901 in the conveyance records of Calcasieu Parish, Louisiana.

WHEREAS, a certified check in the amount of Two Hundred Dollars ($200.00) payable to the order of the Calcasieu Parish Police Jury was enclosed with such application, as required by law; and

WHEREAS, in the judgment of the Police Jury of Calcasieu Parish, Louisiana, this application is in order and it is in the best interest of the Calcasieu Parish Police Jury, that the above described land be advertised for bids for a lease for mineral purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of September, 2002, that it does hereby authorize the President of the Police Jury to advertise for bids in conformity with the laws of the State of Louisiana covering publications for bids for leasing for mineral purposes public lands, and providing that all such bids must be received on or before 5:30 p.m., Thursday, October 3, 2002, in Courtroom A, Calcasieu Parish Courthouse, 1000 Ryan Street, Post Office Drawer 3287, Lake Charles, Louisiana, 70602-3287.

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It was moved by Dr. Mackey, seconded by Mr. Moon and carried unanimously to approve the drafting of a Request-for-Proposals document to be advertised and sent to interested parties for development of the Muller's property in accordance with guidelines established through the Downtown Development Authority of Lake Charles' Strategic Plan.

Ms. Lori Marinovich, Post Office Box 900, Lake Charles, appeared before the Police Jury and stated that the Downtown Development Authority was pleased that action was being taken on this piece of property. She encouraged the Police Jury to include in the Request-for-Proposals document, provisions to maintain the historical character of the Muller's property which she felt was very important to the development of the downtown district. Ms. Marinovich stated that the Authority wanted to continue its partnership with the Police Jury to get the building back into commerce and would do whatever was necessary to revitalize the downtown area.

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

RESOLUTION

WHEREAS, the Louisiana Community Development Block Grant (LCDBG) Program is of vital interest to Louisiana's eligible communities; and

WHEREAS, a significant reduction of funding has been projected by the U.S. Department of Housing and Urban Development (HUD) whereby Louisiana may lose 14.5 percent of its funding or about $5,576,000 in FY 2003; and

WHEREAS, this projected reduction is a result of using 2000 Census data in the formula that determines funding for HUD entitlement and non-entitlement grantees, and it is anticipated that this reduction will apply to all subsequent program years until 2010 census data is available; and

WHEREAS, the factors used in the formula for funding allocation are persons in poverty, housing overcrowding, and pre-1940 housing; and

WHEREAS, while Louisiana remains second in the nation in consideration of persons living in poverty, the percentage of persons in poverty has decreased, along with a decrease in the housing overcrowding and pre-1940 housing factors, thereby, affecting Louisiana's formula funding from HUD; and

WHEREAS, if Congress reduces its FY 2003 allocation to HUD, the loss to Louisiana will be even greater, which would result in a significant reduction in the number of grants, and a corresponding decrease in the number of Louisiana citizens directly benefitted by grant funding.

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19^th day of September, 2002, that it does hereby encourage the Louisiana Congressional Delegation to request that the funding levels to the Louisiana Community Development Block Grant Program for FY 2003 not be reduced as projected by the U.S. Department of Housing and Urban Development.

BE IT FURTHER AND FINALLY RESOLVED that a certified copy of this resolution be forwarded to all members of the Louisiana Congressional Delegation respectfully requesting their assistance in this matter.

THUS PASSED AND ADOPTED on the above date inscribed.

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Motion was made by Mr. Andrepont, seconded by Mr. Kleckley and carried unanimously that the Budget Committee Report dated September 19, 2002, and all recommendations contained therein, be approved as follows:

BUDGET COMMITTEE REPORT

September 19, 2002

_______________________________

A meeting of the Budget Committee was held at 5:00 p.m. on Thursday, September 19, 2002, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with Mr. Francis Andrepont, Chairman, presiding and the following members present:

Mrs. Luvertha August, Mr. Mike Danahay, Mr. Enos Derbonne (Ex-Officio), Mrs. Elizabeth Conway Griffin, Mr. Chuck Kleckley, and Charles S. Machey, D.D.S.

Absent: None

Also present were Mr. Brent Clement, Cornie Moon, Mrs. Sandy Treme, Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Coleen Clark, Ms. Kathy Criglow, Mr. Claude Smart, and Mr. Allen Smith.

Said Committee:

Recommended that the following Cooperative Endeavor Requests for funding from the Riverboat Fund be approved:

(1.1) Gravity Drainage District No. Four of Ward Three - $4,783.00 - Bank Stabilization on Lateral L-4 of W-20 at McNeese and Sarver Streets - Ward Three Drainage Improvements allocation.

(1.2) Gravity Drainage District No. Four of Ward Three - $18,030.00 - Purchase Tractor and Bushhog - Ward Three Drainage Improvements allocation.

(1.3) Recreation District No. One of Ward Three - $24,996.00 - Concession Stand, Pavilions, etc. - Ward Three Special Projects by Ward allocation.

(1.4) Town of Iowa - $5,000.00 - Construction of sign at City Park signifying the Lawrence Toups Memorial Park and purchase of memorial plaque for display at site - Ward Eight Special Projects by Ward allocation.

(1.5) Burton Coliseum - $75,000 matching funds - Installation of sewerage disposal facilities for camper/trailer rental sites and purchase of new portable pens/stalls for animals for use in the livestock barn - Economic Development allocation.

Recommended approval of the following amendments to the 2002 Fiscal Year Annual Budget:

(2.1) amend the appropriate line items in the amount of $664,079 in the Mosquito Control Budget as it relates to the additional expenditures that have been made with reference to the West Nile virus, of which $487,243 will come from the State Grant the Police Jury received for this purpose, and the remaining $176,836 will come from the Mosquito Control Fund Balance.

(2.2) amend the appropriate line items to provide for a grant in the amount of $90,000 from the General Fund to the Calcasieu Emergency Response Training Center.

(2.3) amend the appropriate line items to provide funding, as requested by the Calcasieu Parish Sheriff's Office, in the amount of $12,450.00 for October-December, 2002, from the General Fund to the Calcasieu Correctional Center budget for a Mental Health Professional to assist the Sheriff's Office in addressing inmate mental health issues.

Recommended the reallocation of previously-awarded grant funding in the amount of $78,381 from the Riverboat Fund in Grant Years 2000 and 2001 to Recreation District No. One of Ward Three for completion of ongoing projects. (Note: the 2000 and 2001 grant projects were not completed within the required 12-month period, and the Police Jury must approve the reallocation of this funding to complete these projects.)

Recommended approval of the request of Waterworks District No. Two of Ward Four (Mossville) to allocate their 2002 grant in the amount of $25,000 from the Ward Four Special Service District allocation for upgrade and improvement to the tower instead of the previously awarded project (furnish and installation of a new 230 gpm water filter) due to the fact that said Waterworks District had not been able to secure the additional funding needed to complete the project.

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

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It was moved by Mrs. Griffin, seconded by Mr. Clement and carried unanimously to accept the proposal of TelCom Rental in the amount of $46,134.00 (unit price of $742.00) for purchase of a GPS vehicle tracking system for use by the Division of Engineering and Public Works, subject to successful completion of contract negotiations, said proposals having been received by the Parish Purchasing Agent on August 5, 2002.

With reference to the foregoing, Mrs. August asked for more information about what the system entailed, and specifically, whether it could work in conjunction with the Calcasieu Parish Public Transit System operated by the Office of Community Services.

Mr. Smart explained that it was a tracking system with a signal unit for each vehicle in the public works fleet, the main use of which was to provide location information of the vehicles for security, quality control, etc. Mr. Smart stated that it would be his recommendation that OCS wait and combine the public transit system with the ambulance system.

Mr. Gremillion pointed out that the system which was being purchased for Public Works would not give instant information on the location of vehicles, but rather a daily history on where the vehicles traveled that particular day, and that the system OCS would need would cost approximately $200,000 in infrastructure costs.

In response to Mrs. Treme's request, Mr. Gremillion gave a brief update on Hurricane Isidore wherein he advised that said storm was located south of Cuba and was predicted to be on the west side of Cuba on Friday morning, September 20, 2002. He provided different scenarios on where the storm might strike but pointed out that local officials would not know anything definite until Saturday morning, September 21, 2002, and that it was predicted it could be a Category II or III hurricane in the next couple of days.

President Derbonne advised that a resolution had been received from the Rapides Parish Police Jury supporting Algie Breaux in his candidacy for Third Vice President of the Police Jury Association of Louisiana.

Mrs. Griffin was granted a point of personal privilege to address a request for assistance she had received from Reverend Julian Woods and Deacon Lawrence Connally of the Starlight Baptist Church in Lake Charles. She explained that there was a section of railroad track, in the vicinity of the church on First Avenue in Lake Charles, which had been abandoned by Union Pacific Railroad and which was overgrown with tall weeds, and littered with debris and abandoned vehicles.

Upon motion made by Mrs. Griffin, which was duly seconded by Mrs. August and carried unanimously, the rules were suspended by a two-thirds majority vote to adopt the following resolution:

RESOLUTION

WHEREAS, a petition has been received with signatures representing churches, businesses, residents, and property owners in the vicinity of an abandoned railroad track on South First Avenue in the City of Lake Charles; and

WHEREAS, the petition states that for more than two (2) years, there has been an accumulation of trash, tall weeds and grass, broken pieces of concrete, and abandoned automobiles on the railroad tracks on South First Avenue from Railroad Avenue to Broad Street; and

WHEREAS, the petitioners have asked for the support and assistance of the Mayor and City Council of Lake Charles, as well as the Calcasieu Parish Police Jury, in requesting Union Pacific Railroad Company to remove the trash, debris, and abandoned vehicles from the railroad tracks; and

WHEREAS, the Calcasieu Parish Police Jury feels that this problem represents not only an eyesore but a potential danger to the health, safety, and welfare of the general public.

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19^th day of September, 2002, that it does hereby support the efforts of the churches, businesses, residents, and property owners in the vicinity of the abandoned railroad track on First Avenue in the City of Lake Charles to have Union Pacific Railroad Company clean up this area.

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Union Pacific Railroad Company requesting that this matter be given immediate consideration and that appropriate measures be taken to resolve this issue.

THUS DONE AND PASSED by a unanimous vote of the Calcasieu Parish Police Jury on the date above inscribed.

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Mr. McMillin was granted a point of personal privilege to express his appreciation to Mr. Gremillion and Ms. Christina Gallusser of the Calcasieu Office of Emergency Preparedness for their efforts and participation in the September 11^th tribute held at the Civic Center in remembrance of those who lost their lives during the attacks on America by foreign terrorists which occurred on September 11, 2001.

President Derbonne advised that a plaque had been presented to the Police Jury for his participation in the Creole Nature Trail - All American Road Weekend. He stated that he (and other local dignitaries) had recently spent a day touring the 180-mile trail.

President Derbonne also advised that a resolution had been received from the Police Jury Association of Louisiana thanking and commending Calcasieu Parish for its assistance in preparations for the annual NACo convention which was held in July, 2002, in New Orleans.

There being no further business, motion was made by Dr. Mackey, seconded by Mr. Danahay and carried unanimously that the meeting be adjourned.

/s/ Enos Derbonne, President

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