August 17, 2006

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, August 17, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Michael E. Danahay, President, presiding, and the following members present:

Mesdames Elizabeth Conway Griffin and Sandy Treme; and Messrs. Francis Andrepont, Brent Clement, Guy Brame, Calvin Collins, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornie Moon, and Tony Stelly

Absent: None

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

President Danahay called the meeting to order. The invocation was pronounced by Mr. Brame which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.

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

Mrs. Treme and her grandchildren, Brandon and Josie, as well as Mr. Guidry and Mrs. Poddy Champeaux of the Children’s Miracle Network, appeared before the Police Jury at this time to present certificates of appreciation to students of the Josey Summer Clinic for Roping and Barrel Racing for raising $300 for the Children’s Miracle Network (CMN) and congratulating them for meeting the challenge made by Mr. Kevin Guidry to match the amount they raised.

Mrs. Treme advised that a lot of local people had participated in the clinic but were unable to attend the meeting on this date, so the certificates of appreciation had been mailed to them. Mr. Guidry stated that there had been 100% participation on the part of the area elected officials, and he pointed out that all of the money raised would stay in the Southwest Louisiana area.

Mrs. Champeaux thanked all of the jurors for their contributions, particularly Mrs. Treme and Mr. Guidry, and for helping to improve the lives of children in the area.

Dr. Mackey presented a framed copy of the following resolution of congratulations to the Calcasieu Parish Communications District for having recently been recognized for meeting the requirements of a highly regarded and broadly recognized body of public safety communications standards, and further, for being accredited by the Commission on Accreditation for Law Enforcement Agencies, Inc.:

RESOLUTION

WHEREAS, on July 29, 2006, the Calcasieu Parish Public Safety Communications District E-911 became the second emergency dispatch center in Louisiana to receive international accreditation from CALEA, the Commission on Accreditation for Law Enforcement Agencies; and

WHEREAS, of the 6,000 emergency dispatch centers in the United States, Calcasieu was the 35^th to qualify and receive CALEA accreditation; and

WHEREAS, after three years of internal review and despite the interruption of Hurricane Rita, the District met CALEA’s 216 requirements in the four basic areas of operation – policy and procedures, administration, operations, and support services – to achieve accreditation; and

WHEREAS, besides the recognition of obtaining international excellence, accreditation represents an internationally accepted management model that provides better services, controls agency liability insurance costs, fosters administrative improvements through greater accountability, and increases governmental and community support.

NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 17^th day of August, 2006, that it does hereby highly commend the Calcasieu Parish Public Safety Communications District, particularly the Communications District Board Members and all District employees, for demonstrating commitment to professional public safety communications in policy and practice.

THUS PASSED AND ADOPTED on the date above inscribed.

/s/ Michael E. Danahay, President

Calcasieu Parish Police Jury

/s/ Charles S. Mackey, D.D.S., Police Jury Liaison to the Calcasieu Parish Communications District

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Mr. Robin Martin, Director of the Calcasieu Parish Communications District, accepted the award on behalf of the District and stated that it had been an arduous task to obtain accreditation, having taken three years to achieve. Mr. Martin pointed out that Calcasieu was the only 911 system in Louisiana to receive this prestigious award and the 38^th on a national and international basis. He thanked his staff, especially Ms. Jones, for their hard work in obtaining the award.

President Danahay advised that the Calcasieu Parish Police Jury Comprehensive Annual Financial Report for the year ending December 31, 2005, would be presented at this time.

Mrs. Tammy Bufkin, Assistant Director of Finance, advised that the Police Jury was normally required to complete the financial report six months after the end of the fiscal year but due to Hurricanes Katrina and Rita, the Legislature had passed legislation to allow additional time to complete the financials. Mrs. Bufkin pointed out that there had been many new challenges as a result of Hurricane Rita.

Mrs. Bufkin stated that the Division of Finance accounted for 127 separate funds and 47 component units, with 24 of the component units being separately audited and included in the Parish’s financial report. Mrs. Bufkin then introduced Mr. Marty Chehotsky, of the firm McElroy, Quirk and Burch, who stated that it was impressive that the Parish had been able to put together the financial report as timely as it had, pointing out that other entities were still struggling.

Mr. Chehotsky congratulated the Police Jury for having been awarded the Government Finance Officers Association’s Certificate of Excellence in Financial Reporting for the 2004 report. He pointed out that this was the 14^th year in a row the Police Jury had received this very prestigious award which not only demonstrated compliance with governmental accounting standards but was also a valuable tool in obtaining favorable financing when needed.

Mr. Chehotsky stated that the financial condition of the Parish was very sound with a solid basis for future activities and long-term growth. He advised that the Parish’s net assets for the year ending December 31, 2005, were $615,902,554, and the net assets of the component units were $174,243,840, for a total amount of $790,146,394.

Mr. Chehotsky stated that the financial report contained a separately bound document relative to compliance regarding federal funds, and he pointed out that a substantial amount of FEMA (Federal Emergency Management Agency) funding had been used to facilitate cleanup of the Parish following Hurricane Rita, and those efforts were ongoing.

Mr. Chehotsky thanked Mr. Milner, Mrs. Bufkin, and Ms. Kelly Fontenot of the Division of Finance for their efforts in compiling information for the annual audit and financial report.

Mr. Clement pointed out that sales tax revenues were running at about 16% above the previous year prior to Hurricane Rita, with a 2% decline because of the storm, however, Lafayette had only attained a 12% increase, and he felt this was a positive note about retailing in Calcasieu Parish.

Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously to receive the report relative to the Calcasieu Parish Police Jury Comprehensive Annual Financial Report for the year ending December 31, 2005.

President Danahay advised that no action was needed on the next item on the agenda which was a general discussion of future opportunities regarding the Calcasieu 2025 visioning process. He explained that this item had been placed on the agenda in the event the City of Lake Charles chose to ask the Police Jury to call the election on their behalf, and the City had chosen not to do that, so there was really no need for discussion.

Mr. Landry pointed out that had the City asked the Police Jury to call an election, any ad valorem tax approved at such an election would have been homestead exempt.

Motion was made by Mr. Moon, seconded by Mr. McMillin and carried unanimously that the following application for a liquor and beer permit be approved:

WARD III

PHA Enterprises, Inc.

Amandeep K. Jammu - Director

K & R QUICK CHECK

5929 Common St.

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

(Chris Landry’s District)

TOTAL REMITTANCE: 75.00

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Upon motion made by Mr. Guillory, which was duly seconded by Mrs. Griffin and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated July 20, 2006, were approved, and the reading of same was dispensed with.

President Danahay advised that action was needed on EA01-001-06 which was a request by Priola Development and Investment Corporation to allow abandonment of drainage and maintenance easements in Pentangeli Square Phase 1C Subdivision in Ward One, Police Jury District 1 (Mr. Manuel’s district). He further advised that the Planning and Zoning Board had met on Tuesday, August 15, 2006, and deferred action for thirty days.

It was moved by Mr. Manuel, seconded by Mr. Collins and carried unanimously to defer action for thirty days on EA01-001-06 in order to meet with representatives of Gravity Drainage District No. Eight of Ward One to obtain more information.

President Danahay advised that action was needed on RZ03-024-06 which was a request by Christopher and Tara Simien to rezone from R-1 (Single Family Residential) to R-2 (Multi Family Residential) to allow multi-family residential development (one duplex per lot) on Tallow Road in Ward Three, Police Jury District 7 (Mr. Landry’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, August 15, 2006, 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 use be limited to duplexes only; (3) that the duplexes must be landscaped and the plan approved by the Division of Planning and Development; and (4) that all drives and parking must be hardsurfaced (concrete or asphalt).

Motion was made by Mr. Andrepont, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ03-024-06 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5134

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Christopher and Tara Simien to rezone from R-1 (Single Family Residential) to R-2 (Mixed Residential) to allow multi family residential development (one duplex per lot) on the property described as: Lots 16, 17, and 18 of Block 4 of Philip Abate Subdivision as per plat recorded in Plat Book 9, page 89.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 17^th day of August, 2006, 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-1 (Single Family Residential) to R-2 (Mixed Residential) to allow multi family residential development (one duplex per lot) 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 use be limited to duplexes only; 3) that the duplexes must be landscaped and the plan approved by the Division of Planning and Development; and 4) that all drives and parking must be hardsurfaced (concrete or asphalt), on the property described as: Lots 16, 17, and 18 of Block 4 of Philip Abate Subdivision as per plat recorded in Plat Book 9, page 89.

Zoning Case RZ03-024-06

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/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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President Danahay advised that action was needed on RZ08-025-06 which was a request by Stacy and Esther Dickson to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (22 lots) at 7331 McCown Road in Ward Eight, Police Jury District 10 (Mr. Stelly’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, August 15, 2006, and voted 8-3 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 a centralized, postal-approved mailbox must be provided upon completion of the eighth manufactured home; and (3) that upon completion of each phase, all drives and parking must be hardsurfaced (concrete or asphalt).

Upon motion made by Mr. Stelly, which was duly seconded by Mrs. Griffin and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to RZ08-025-06, and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5135

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Stacy and Esther Dickson to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (22 lots) on the property described as: Lot 4 of the survey of the partition of Telesphore LeLeaux, as per plat recorded in Plat Book 9, page 113.

From A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow a manufactured home park (22 lots) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that a centralized postal approved mailbox must be provided upon completion of the eighth manufactured home; and 3) that upon completion of each phase, all drives and parking must be hardsurfaced (concrete or asphalt), on the property described as: Lot 4 of the survey of the partition of Telesphore LeLeaux, as per plat recorded in Plat Book 9, page 113.

Zoning Case RZ08-025-06

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

/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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It was moved by Dr. Mackey, seconded by Mr. Manuel and carried unanimously to adopt the following resolutions:

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 Stacey L. Brooks, to clear and grade a parcel, excavate 8,100 cubic yards to construct a pond, and place the excavated material as fill for a single family residence, shop, and two driveways. Implementation of the proposed project would impact approximately 1.9 acres of bottomland hardwood wetlands. Said project is located at 2501 Sutherland Road, in Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Stacey L. Brooks, 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 17^th day of August, 2006, that it does hereby indicate no objection to the proposal of Stacey L. Brooks, to clear and grade a parcel, excavate 8,100 cubic yards to construct a pond, and place the excavated material as fill for a single family residence, shop, and two driveways. Implementation of the proposed project would impact approximately 1.9 acres of bottomland hardwood wetlands. Said project is located at 2501 Sutherland Road, in Lake Charles, 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, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

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

THUS PASSED AND ADOPTED on the date above inscribed.

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RESOLUTION

WHEREAS, notification has been received that 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 ARGOS Development No. 1, LLC, to clear, grub and grade a 19 acre tract, place approximately 3,000 cubic yards of on-site graded earthen material, 2,900 cubic yards of clay, 2,400 cubic yards of stabilized fill material and 7,800 cubic yards of concrete, all to construct a 100-lot single family residential subdivision. Implementation of the proposed project would impact approximately 3.0 acres of jurisdictional wetlands. Said project is located on the East side of Texas Street, approximately 0.5 miles from its intersection with Prien Lake Road, in the City of Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of ARGOS Development No. 1, LLC, 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 Lake Charles.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 17^th day of August, 2006, that it does hereby indicate no objection to the proposal of ARGOS Development No. 1, LLC, to clear, grub and grade a 19 acre tract, place approximately 3,000 cubic yards of on-site graded earthen material, 2,900 cubic yards of clay, 2,400 cubic yards of stabilized fill material and 7,800 cubic yards of concrete, all to construct a 100-lot single family residential subdivision. Implementation of the proposed project would impact approximately 3.0 acres of jurisdictional wetlands. Said project is located on the East side of Texas Street, approximately 0.5 miles from its intersection with Prien Lake Road, in the City of Lake Charles, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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Motion was made by Mrs. Griffin and seconded by Mr. Collins to adopt a resolution approving funding in the amount of a 25% match on a mitigation project for public infrastructure retrofitting under the Hazard Mitigation Grant Program (#1607) for the replacement of windows with storm resistant windows at the Magnolia Building. It was noted that the project cost was approximately $1 million.

Mr. Beam asked that the motion be amended to include wind curtains/shutters for glass entrances at Burton Memorial Coliseum in the approximate amount of $104,000. He stated that the Louisiana Recovery Authority (LRA) intended to pay the local match on these projects which would save the Police Jury approximately $275,000.

In answer to Mrs. Griffin’s question, Mr. Trahan answered that the renovations at the Magnolia Building were substantially complete, and they were working on the final punch list.

Mrs. Griffin amended her motion, and Mr. Collins (who seconded said motion) accepted the amendment to include wind curtains/shutters for glass entrances at Burton Memorial Coliseum in the approximate amount of $104,000. A vote taken on the motion as amended carried unanimously; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 17^th day of August, 2006, that it does hereby approve funding in the amount of a 25% match on a mitigation project for public infrastructure retrofitting under the Hazard Mitigation Grant Program (#1607) for the replacement of windows with storm resistant windows at the Magnolia Building, as well as installation of wind curtains/shutters for glass entrances at Burton Memorial Coliseum.

THUS DONE AND PASSED on the date above inscribed.

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Motion was made by Mr. Moon and seconded by Mr. Landry to adopt a resolution ordering and calling a special election on November 7, 2006, in accordance with constitutional and statutory provisions of the State of Louisiana, to submit to the electorate of Calcasieu Parish a proposition authorizing the relocation of the berth or docking facility of an existing gaming license from a site within the City of Lake Charles to another location within the City of Lake Charles, more particularly, the proposed Sugarcane Bay Resort and Casino adjacent to L’Auberge Du Lac Resort, subject to the approval of the Louisiana Gaming Control Board on August 15, 2006.

Mr. Larry Orlansky, legal counsel representing Pinnacle, appeared before the Police Jury and urged the Police Jury to adopt the resolution. He pointed out that Sugarcane Bay and Resort would be a $350 million investment in the community and a wonderful complement to the L’Auberge Du Lac Resort. Mr. Orlansky stated that at its meeting on August 15, 2006, the Gaming Control Board had approved the transfer of the two licenses previously held by Harrah’s to Pinnacle, and to modify the berth of one from the lakefront to the site adjacent to L’Auberge, contingent upon approval of the electorate at the election on November 7, 2006, to change the berthing location. Mr. Orlansky further stated that adoption of the resolution calling the election was clearly pursuant to the Constitution and statutory provisions, pointing out that the voters would have the final say.

Mr. Bob Moss, 223 Stagecoach Lane, Sulphur, appeared before the Police Jury on behalf of the Central Trades and Labor Council and stated that their concern was the possible loss of one of the licenses which would in turn result in the loss of 1500 jobs, which he felt was a tax base in and of itself. Mr. Moss pointed out that the second license could provide people with good-paying jobs to support their families, purchase health insurance, plan for retirement or savings, etc., and that it would means hundreds of millions of dollars if the license left the Parish.

Mr. Moss asked the Police Jury to pass a resolution in opposition to any river boat gaming license leaving Calcasieu Parish in order to keep the jobs and tax base in the Parish.

In answer to a request for clarification by Mr. Andrepont, Mr. Allen Smith, general counsel to the Police Jury, advised that the Police Jury did not have a choice insofar as calling an election for moving the berth of one license, as authorized by the Gaming Control Board. He further advised that if an attempt was made to move the other license, the Police Jury would have the prerogative of adopting a resolution urging the Gaming Control Board not to authorize that.

Mr. Moss stated it was his understanding that Pinnacle could move the berth of the second license to another area, subject to approval of the voters in the new area, and he thought that both licenses would be on the ballot (on November 7^th) along with the authorization to move the lakefront boat adjacent to L’Auberge.

Mr. Andrepont stated that while he was not opposed to a change in location of a gaming facility within the Parish, he would be adamantly opposed to any license leaving Calcasieu Parish.

Mr. Smith advised that the Gaming Control Board had granted approval to Pinnacle for the purchase of both licenses but in order to move the berth of the second license, Pinnacle would have to get approval from the Gaming Control Board and the electorate of the area to which it was being moved. Mr. McMurry pointed out that at its meeting on August 15^th, the Board had given Pinnacle 75 days to develop a plan for the second license.

Mr. Orlansky urged the jurors to segregate the issues being discussed. He stated that on August 15^th, the Gaming Control Board approved a transaction whereby Harrah’s would sell two companies and licenses to Pinnacle, one of which Pinnacle was proposing to utilize at Sugarcane Bay which was what the voters would have to approve and that the only decision to be made by the Police Jury at this point was whether or not to call an election to authorize the relocation of the gaming facility. Mr. Orlansky further stated that Pinnacle was not talking about refurbishing an existing riverboat and putting it back into the water – it was planning a $350 million project that would make the area even more of a destination location than it currently was.

Mr. Orlansky stated that the notion that an approval by the Police Jury of an election call was somehow a death knell to 1500 jobs was unfair and inaccurate. He also stated that economic studies had shown that there would be more jobs at Sugarcane Bay than there were at Harrah’s when it was operating two boats.

Mr. Moss reiterated his concern about losing a license and the jobs associated with that license, and he made reference to a gaming industry that was willing to come to the Parish if it had a license.

Mr. Andrepont asked if Pinnacle planned to move one of the licenses out of Calcasieu Parish, to which Mr. Orlansky responded that the company was actively exploring various options and was looking at other areas. He also stated that Pinnacle had hoped to be able to tell the Gaming Control Board at its meeting on August 15^th what its plans were for the second license but that discussions regarding that had not yet come to fruition. Mr. Orlansky further stated that it did not make economic sense for a company to invest $350 million in a project and then compete with itself by building another project.

Mr. McMurry pointed out that Mr. Landry had asked that an item be placed on the agenda for the Police Jury’s regular meeting on September 7, 2006, to adopt a resolution to the Gaming Control Board expressing the position that the Jury did not believe it should lose one of the licenses.

Mr. Clement stated that Pinnacle had built a very nice facility which had been a major economic boost for the Parish, but he felt the loss of a license to Baton Rouge as had been rumored would be counter-productive to what the Gaming Control Board had done in trying to locate the licenses in areas which would draw people from outside the State. Mr. Clement also stated that the license was somewhat owned by the people of Calcasieu Parish because they had voted in favor of having gaming.

Mr. Clement expressed his concern that there were no more gaming licenses to be issued by the State and if one left the Parish, he was not sure it would ever come back. He stated that the goal was to make the Parish a destination location, but he did not know how that could be accomplished if Pinnacle bought out their competition and had fewer gaming spaces. Mr. Clement closed by saying that without a doubt, Pinnacle had built the finest gaming facility in the Parish, but he had a lot of concerns about the possible loss of one of the licenses.

Mr. Jason Billings, Post Office Box 624, Elizabeth, (address of 130 West 18^th Street, Lake Charles also given) appeared before the Police Jury representing the Southwest Louisiana Building and Trades Council and Local 406 of the Operating Engineers and stated that they worked with the Central Trades and Labor Council. He further stated that they were in complete opposition to the local option Pinnacle was seeking. Mr. Billings also stated that the current, locally-authorized location (Harrah’s) was downtown Lake Charles and that only the voters could change that. He stated that there was no reason for the City to pass new taxes to develop downtown Lake Charles when the casinos could pay for that.

Mr. Billings stated that according to the contract between Harrah’s and Pinnacle, should the local option election fail, Pinnacle would have seven days to decide to stay downtown. He advised that he had attended the Louisiana Gaming Control Board meeting, and it was his understanding that if Pinnacle did not give their decision on moving the downtown location, the secondary bid would have a “shot” at it. Mr. Billings stated that the secondary offer that was on the table would include developing a new convention center and hotel, family entertainment, etc. He closed by saying that in their opinion, voting for Pinnacle’s proposition (on November 7, 2006) would kill downtown Lake Charles.

Mr. Randy Thibodeaux, 2821 11^th Street, Lake Charles, appeared before the Police Jury and spoke in favor of keeping a casino in downtown Lake Charles and that if a five-story hotel could be built where Harrah’s was, similar to what Pinnacle had developed when it built L’auberge du lac, the downtown area could be like it was in the 1970's.

President Danahay ruled that any discussion should pertain to the issue before the Police Jury, and that was whether to call an election on November 7, 2006.

A vote was then taken on the motion on the floor which was to adopt a resolution ordering and calling a special election on November 7, 2006, in accordance with constitutional and statutory provisions of the State of Louisiana, to submit to the electorate of Calcasieu Parish a proposition authorizing the relocation of the berth or docking facility of an existing gaming license from a site within the City of Lake Charles to another location within the City of Lake Charles, more particularly, the proposed Sugarcane Bay Resort and Casino adjacent to L’Auberge Du Lac Resort, subject to the approval of the Louisiana Gaming Control Board on August 15, 2006. Said motion carried unanimously; whereupon, the following resolution was adopted:

RESOLUTION

A RESOLUTION ordering and calling a special election to be held in Calcasieu Parish, Louisiana, to submit to the electorate of Calcasieu Parish a proposition to authorize relocation of certain riverboat gaming operations in the Parish.

WHEREAS, Article XII, Section 6(C)(2) of the Constitution of Louisiana stipulates that no license or permit regardless of when issued shall be reissued, amended, or replaced to authorize the holder to conduct riverboat gaming, gambling, or wagering operations or activities at a berth or docking facility different from that authorized in the license or permit, unless a referendum election on a proposition to allow such gaming, gambling, or wagering operations or activities has been held in the parish in which the proposed berth or docking facility is located and the proposition has been approved by a majority of those voting thereon; and

WHEREAS, Pinnacle Entertainment, Inc. has petitioned the Calcasieu Parish Police Jury to hold such an election in Calcasieu Parish on November 7, 2006, for authority to conduct riverboat gaming within Calcasieu Parish pursuant to an existing license to be reissued by the Louisiana Gaming Control Board authorizing relocation of the berth or docking facility of that license to Sugarcane Bay Resort and Casino, along land belonging to and to be leased from the Lake Charles Harbor and Terminal District situated in Calcasieu Parish along the Calcasieu River; and

WHEREAS, LA. R.S. 18:1300.22 contains specific provisions for calling an election for the purposes set forth herein; however, it does not set forth a detailed scheme as to the calling of the election or the language of the proposition which is to appear on the ballot; and

WHEREAS, since the revision of Article XII, Section 6(C)(2) of the Constitution of Louisiana to require a referendum election on a proposition to allow gaming, gambling, or wagering operations or activities at a berth or docking facility different from that authorized in the license or permit, no such referendum election addressed solely to that issue has been held in the State of Louisiana; and

WHEREAS, the Calcasieu Parish Police Jury has determined that, without express statutory guidance as to the wording for the proposition necessary for the purposes set forth herein, language that would most accurately accomplish the legislative intent for wording of the proposition which is to be placed on the ballot on November 7, 2006, relative to the proposition of Pinnacle Entertainment, Inc. regarding Sugarcane Bay Resort and Casino, would read as follows: "Shall Sugarcane Bay Resort and Casino, to be owned and operated by a subsidiary of Pinnacle Entertainment, Inc., be allowed to conduct riverboat gaming within the City of Lake Charles, at a location adjacent to Pinnacle's existing L'Auberge du Lac Resort along the Calcasieu River, pursuant to an existing license to be reissued by the Louisiana Gaming Control Board authorizing relocation of the berth or docking facility of that license from another site within the City of Lake Charles to Sugarcane Bay Resort and Casino, all in accordance with the Louisiana Gaming Control Law?"

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 17^th day of August, 2006, as follows:

SECTION 1. Subject to the approval of the State Bond Commission and under the authority conferred by Article VI, Sections 7, 30 and 32 and Article XII, Section 6(C)(2) of the 1974 Louisiana Constitution; Chapter 6A of Title 18 of the Louisiana Revised Statutes of 1950, as amended; Section 1300.22 of Title 18 of the Louisiana Revised Statutes of 1950, as amended; Title 27 of the Louisiana Revised Statutes of 1950, as amended (the Louisiana Gaming Control Law); and other constitutional and statutory authority supplemental thereto, a special election be and the same is hereby called and ordered to be held in Calcasieu Parish, Louisiana on Tuesday, November 7, 2006, between the hours of six (6:00) o'clock A.M. and eight (8:00) o'clock P.M., in compliance with the Louisiana Election Code, and that at the said election there shall be submitted to all registered voters of Calcasieu Parish qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution and Laws of the United States, the following proposition:

PROPOSITION

SUMMARY: TO AUTHORIZE RELOCATION OF RIVERBOAT GAMING ACTIVITIES TO SUGARCANE BAY RESORT AND CASINO, TO BE SITUATED IN CALCASIEU PARISH ALONG THE CALCASIEU RIVER, ADJACENT TO THE EXISTING L'AUBERGE DU LAC RESORT.

Shall Sugarcane Bay Resort and Casino, to be owned and operated by a subsidiary of Pinnacle Entertainment, Inc., be allowed to conduct riverboat gaming within the City of Lake Charles, at a location adjacent to Pinnacle's existing L'Auberge du Lac Resort along the Calcasieu River, pursuant to an existing license to be reissued by the Louisiana Gaming Control Board authorizing relocation of the berth or docking facility of that license from another site within the City of Lake Charles to Sugarcane Bay Resort and Casino, all in accordance with the Louisiana Gaming Control Law?

SECTION 2. There shall be published in the Lake Charles American Press, a daily newspaper of general circulation within Calcasieu Parish, published in Lake Charles, Louisiana, and being the official journal of the Calcasieu Parish Police Jury, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date fixed for the election, notice of said election, which notice shall be substantially in accordance with the Notice of Special Election annexed hereto as "Exhibit A" and incorporated herein by reference, the same as if it were set forth herein in full.

SECTION 3. The Calcasieu Parish Police Jury shall meet at its regular meeting place, the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, on Thursday, November 16, 2006, at 5:30 P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the results of the special election.

SECTION 4. The polling places set forth in the aforesaid Notice of Special Election, and situated within the corporate limits of the Parish, be and the same are hereby designated as the polling places at which to hold the election, and the election officials appointed in accordance with said Notice of Special Election, be and the same are hereby appointed as Commissioners and Commissioners-in-Charge of election, respectively, to serve at the polling places as indicated.

SECTION 5. The officers designated to serve as Commissioners and Commissioners-in-Charge, or such substitutes therefor as may be selected and designated in compliance with the Louisiana Election Code, shall hold the special election as herein provided, shall make due returns of said election for the meeting of the Police Jury of the Parish of Calcasieu, State of Louisiana, to be held on November 16, 2006, at 5:30 P.M., and the compensation of the said officers be and the same is hereby fixed at the sum prescribed by law. All registered voters in Calcasieu Parish are entitled to vote at said special election. Voting machines shall be used, and assessed valuations shall not be voted.

SECTION 6. Certified copies of this resolution shall be forwarded to the Secretary of State, the Commissioner of Elections, and the Bond Commission of the State of Louisiana, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish of Calcasieu, State of Louisiana, and the Registrar of Voters in and for the Parish, as notification of the special election herein called in order that each may prepare for said election and perform their respective functions as required by law.

SECTION 7. A certified copy of this resolution, together with other showings required by Section 5 of the Voting Rights Act of 1965 and regulations pertaining thereto shall be submitted to the United States Attorney General for approval in compliance with said Voting Rights Act, should such submission be required.

SECTION 8. If any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this resolution which can be given effect without the invalid provisions, items, or applications, and to this end, the provisions of this resolution are hereby declared severable.

SECTION 9. All resolutions, ordinances or parts thereof in conflict herewith are hereby repealed.

And the resolution was declared and adopted on this, the 17^th day of August, 2006.

ATTEST: /s/ MICHAEL E. DANAHAY, President

/s/ S. MARK McMURRY, Administrator and

Ex-Officio Parish Secretary

“EXHIBIT A”

NOTICE TO VOTERS OF SPECIAL ELECTION

To the qualified electors of Calcasieu Parish, Louisiana:

YOU ARE HEREBY NOTIFIED that on the 17^th day of August, 2006, the Police Jury, acting as the governing authority of Calcasieu Parish, Louisiana, ordered that a special election be held in the Parish on Tuesday, the 7^th day of November, 2006, for the purpose of submitting to all qualified electors of the Parish the following proposition:

PROPOSITION

Said election will be held at all polling places which are situated within the boundaries of Calcasieu Parish, Louisiana. All registered voters in each of the following precincts shall be eligible to vote on the proposition:

PRECINCT POLLING PLACE

160 E Gillis Elementary School, 916 Topsy Road, Gillis

160 W Gillis Elementary School, 916 Topsy Road, Gillis

161 Gillis Elementary School, 916 Topsy Road, Gillis

162Moss Bluff Middle School, 1104 Recreation Boulevard, Moss Bluff

163Sam Houston High School, 880 Sam Houston Jones Parkway, Moss Bluff

164Moss Bluff Elementary School, 481 Sam Houston Jones Parkway, Moss Bluff

165Sam Houston High School, 880 Sam Houston Jones Parkway, Moss Bluff

166Moss Bluff Elementary School, 481 Sam Houston Jones Parkway, Moss Bluff

167Sam Houston High School, 880 Sam Houston Jones Parkway, Moss Bluff

260Holmwood Fire Station, 5599 Highway 14 East, Holmwood

261 Bell City Library, 7085 Highway 14 East, Bell City

262 Hayes Fire Station, 8141 Galley Road, Hayes

300Ray D. Molo Middle School, 2300 Medora Street, Lake Charles

301Washington/Marion High School, 2802 Pineview Street, Lake Charles

302 Chateau du Lac, 333 Mill Street, Lake Charles

303Ralph Wilson Elementary School, 1400 Opelousas Street, Lake Charles

304Calcasieu Parish Multi-Purpose Center, 2001 Moeling Street, Lake Charles

305Jessie D. Clifton Elementary School, 100 N. Prater Street, Lake Charles

306Drew Park Pavilion, 416 South Ryan Street, Lake Charles

307 Chateau du Lac, 333 Mill Street, Lake Charles

308Calcasieu Parish School Board Curriculum and Instruction Office, 600 South Shattuck Street, Lake Charles

309 EForeman-Reynaud YMCA, 215 Albert Street, Lake Charles

(Consolidated with 309W)

309 WForeman-Reynaud YMCA, 215 Albert Street, Lake Charles

310Calcasieu Parish Courthouse, first floor lobby, 1000 Ryan Street, Lake Charles

311Pearl Watson Elementary School, 1300 5th Street, Lake Charles

312Calcasieu Parish School Board Office, Rosteet Annex, 2423 6th Street, Lake Charles

313 EJohn F. Kennedy Elementary School, 2001 Russell Street, Lake Charles

313 WJohn F. Kennedy Elementary School, 2001 Russell Street, Lake Charles

314St. Louis High School, 1620 Bank Street, Lake Charles

315 ELake Charles/Boston High School, 1509 Enterprise Boulevard, Lake Charles

315 WLake Charles/Boston High School, 1509 Enterprise Boulevard, Lake Charles

316 EBarbe Elementary School, 400 Penn Street, Lake Charles

316 WBarbe Elementary School, 400 Penn Street, Lake Charles

317Barbe Elementary School, 400 Penn Street, Lake Charles

318T. S. Cooley Elementary School, 2711 Common Street, Lake Charles

319St. Margaret School, 2510 Enterprise Boulevard, Lake Charles

320Oak Park Elementary School, 2001 18th Street, Lake Charles

321T. H. Watkins Elementary School, 2501 7th Avenue, Lake Charles

322Oak Park Middle School, 2200 Oak Park Boulevard, Lake Charles

323T. H. Watkins Elementary School, 2501 7th Avenue, Lake Charles

324Fairview Elementary School, 3955 Highway 14, Lake Charles

325Prien Lake Elementary School, 3741 Nelson Road, Lake Charles

326College Oaks Elementary School, 3618 Ernest Street, Lake Charles

327Henry Heights Elementary School, 3600 Louisiana Avenue, Lake Charles

328Brentwood Elementary School, 3825 Brentwood Avenue, Lake Charles

329Brentwood Elementary School, 3825 Brentwood Avenue, Lake Charles

330Fairview Elementary School, 3955 Highway 14, Lake Charles

331College Oaks Elementary School, 3618 Ernest Street, Lake Charles

332 NFrazar Memorial Library, McNeese State University Campus, Beauregard Street

332 SFrazar Memorial Library, McNeese State University Campus, Beauregard Street

333S. J. Welsh Middle School, 1500 West McNeese Street, Lake Charles

334S. J. Welsh Middle School, 1500 West McNeese Street, Lake Charles

335Gayle Hall on McNeese State University Campus, 4414 Ryan Street, Lake Charles

336A. A. Nelson Elementary School, 1001 Country Club Road, Lake Charles

337Dolby Elementary School, 817 Jefferson Drive, Lake Charles

338Forrest K. White Middle School, 1000 E. McNeese Street, Lake Charles

339Dolby Elementary School, 817 Jefferson Drive, Lake Charles

360Ward Three Fire Protection District No. Two Fire Station, 3088 Old Town Road, Lake Charles

361Waterworks District No. Five of Ward Three Office, 300 Deshotel Street, Lake Charles

362Prien Lake Park Pavilion, 3700 Prien Lake Road, Lake Charles

363Prien Lake Park Pavilion, 3700 Prien Lake Road, Lake Charles

364Fairview Elementary School, 3955 Highway 14, Lake Charles

365New St. John Elementary School, 5566 Elliott Road, Lake Charles

366New St. John Elementary School, 5566 Elliott Road, Lake Charles

367 NFormer St. John Elementary School, 5282 Weaver Road, Lake Charles

367 SNew St. John Elementary School, 5566 Elliott Road, Lake Charles

368Former St. John Elementary School, 5282 Weaver Road, Lake Charles

369M. J. Kaufman Elementary School, 301 Tekel Road, Lake Charles

370Calcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles

371 NCalcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles

371 SCalcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles

400 D. S. Perkins Elementary School, 565 North Crocker Street, Sulphur

401Calcasieu Parish Health Unit, Sulphur Branch, 201 Edgar Street, Sulphur

402Frasch Park Recreation Center, 400 Picard Road, Sulphur

403Frasch Elementary School, 540 South Huntington, Sulphur

404R. W. Vincent Elementary School, 1634 Beglis Parkway, Sulphur

405Center Circle Recreation Building, 80 Center Circle, Maplewood

406W. T. Henning Elementary School, 774 Henning Drive, Sulphur

407R. W. Vincent Elementary School, 1634 Beglis Parkway, Sulphur

408T. D. McMurry Park Gymnasium, 300 South Hazel Street, Maplewood

440Westlake High School, 1000 Garden Drive, Westlake

441S. P. Arnett Middle School, 400 Sulphur Avenue, Westlake

460 EWard Four Fire Protection District No. Four Fire Station, 789 W. Houston River Road, Sulphur

460 WWard Four Fire Protection District No. Four Fire Station, 789 W. Houston River Road, Sulphur

461Mossville Recreation Center, 3825 Old Spanish Trail, Mossville

462S. P. Arnett Middle School, 400 Sulphur Avenue, Westlake

463Westlake High School, 1000 Garden Drive, Westlake

464Riverside Park Pavilion, 1700 Miller Avenue, Westlake

465Frasch Park Recreation Center, 400 Picard Road, Sulphur

466 E Carlyss Fire Station, 5151 Volunteer Road, Carlyss

466 W Carlyss Fire Station, 5151 Volunteer Road, Carlyss

467 Carlyss Fire Station, 5151 Volunteer Road, Carlyss

468Ward Four Recreation - Carlyss Complex, 6043 Carlyss Drive, Carlyss

469Ward Four Recreation - Carlyss Complex, 6043 Carlyss Drive, Carlyss

560 Starks School, 137 Highway 109 South, Starks

561 Starks School, 137 Highway 109 South, Starks

562 Edgerly Fire Station, 2205 Edgerly Road, Vinton

600 DeQuincy High School, 207 North Overton, DeQuincy

601 DeQuincy City Hall, 300 Holly Street, DeQuincy

602DeQuincy Branch Library, 102 West Harrison Street, DeQuincy

603Sheriff’s Sub-Station, DeQuincy Branch, 618 Center Street, DeQuincy

660Ward Six Fire Protection District No. One, Company No. One Fire Station, 1271 Highway 27 North, DeQuincy

661Ward Six Fire Protection District No. One, Company No. Two Fire Station, 4775 Highway 27, DeQuincy

662Ward Six Fire Protection District No. One, Company No. Two Fire Station, 4775 Highway 27, DeQuincy

663 Ward Six Fire Protection District No. One, Company No. Three Fire Station, 3533 Highway 27, Sulphur

664Ward Six Fire Protection District No. One, Company No. Three Fire Station, 3533 Highway 27, Sulphur

700 Vinton City Hall, 1201 Horridge Street, Vinton

701Vinton Northside Middle School, 900 Horridge Street, Vinton

702 Vinton High School, 1603 Grace Street, Vinton

703Shaw Park Recreation Building, 1615 Horridge Street, Vinton

760 Ward Seven Fire Station, 2815 Foreman Road, Vinton

761 Ward Seven Fire Station, 2815 Foreman Road, Vinton

762 Edgerly Fire Station, 2205 Edgerly Road, Vinton

800 Iowa High School, 401 Miller Street, Iowa

801J. I. Watson Elementary School, 221 East First Street, Iowa

860LeBleu Settlement Elementary School, 6509 Highway 3059, Iowa

861 EWard Eight Fire Protection District No. Two Fire Station, 3395 Manchester Road, Manchester

861 WWard Eight Fire Protection District No. Two Fire Station, 3395 Manchester Road, Manchester

The polls will be open at six (6:00) o’clock a.m. and shall remain open until not later than eight (8:00) o’clock p.m. The said special election will be held substantially in accordance with the general election laws of the State of Louisiana, except that the election is called and shall be conducted, canvassed, and promulgated, and notice thereof given in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. The officials appointed to hold the election or such substitutes therefor as may be selected, designated and sworn in compliance with Sections 1286 through 1289 of Title 18 of the Louisiana Revised Statutes of 1950, as amended, will make due returns thereof to the Police Jury, acting as the governing authority of Calcasieu Parish, Louisiana. Voting machines will be used in the conduct of the election. All qualified electors of Calcasieu Parish, Louisiana, will be entitled to vote. No voter shall be required to sign a ballot or vote assessed valuation of property.

Notice is hereby given that on Thursday, the 16^th day of November, 2006, at 5:30 o’clock p.m., the Police Jury will meet in open and public session at the regular meeting place of the Police Jury, the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, and will, then and there, examine and canvass the returns and declare the result of said election.

THUS DONE AND SIGNED in Lake Charles, Louisiana, by authority of a Resolution adopted by the Police Jury, acting as the governing authority of Calcasieu Parish, Louisiana, on the 17^th day of August, 2006.

ATTEST: /s/ MICHAEL E. DANAHAY, President

/s/ S. MARK McMURRY, Administrator and

Ex-Officio Parish Secretary

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

Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Guidry 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 17^th day of August, 2006, that it does hereby authorize the submittal of the appropriate documentation related to the cooperative endeavor agreements and lines of credit for capital outlay funding from the State of Louisiana for the following projects:

1) expansion, acquisition, planning, and construction related to the Allen P. August Multi-Purpose Center located at 2001 Moeling Street;