November 15, 2007

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, November 15, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chris E. Landry, President, presiding, and the following members present:

Mesdames Elizabeth Conway Griffin and Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Michael E. Danahay, Kevin Guidry, Tony Guillory, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornelius “Cornie” Moon, and Tony Stelly

Absent: None

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; 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; Mr. Jim Vickers, Director of Planning and Development; and Mr. Randy Vincent, Director of the Office of Community Services.

President Landry 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 Landry 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 silenced so they would not interrupt the meeting.

President Landry advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Prien Lake Park Improvements, Phase 1-C (Landscaping), and appropriate action would be taken thereon.

Mr. McMurry then proceeded to open the following bid which was the only bid received:

Base Bid Alt. 1 Alt. 2 Alt. 3

KAS Construction, LLC $586,500.00 $18,336.00 $84,180.00 $40,850.00

There being no other bids, motion was made by Mr. Andrepont, seconded by Mr. Brame and carried unanimously that the bid be referred to the Project Architect (Ellender Architects and Associates, Inc.) for final tabulation, with further action thereon to be taken at the Regular Meeting of the Police Jury on December 6, 2007.

It was moved by Mr. Moon, seconded by Mr. Danahay and carried unanimously to approve the following applications for liquor and beer permits:

WARD III

Pine Shadows Golf Course, Inc.

Ronald Rider – Pres.

PINE SHADOWS GOLF COURSE

750 Goodman Road

Lake Charles, LA 70615 Liquor & Beer – ‘2008 135.00

(Calvin Collins’ District)

Nathaniel Perry d/b/a

CLUB PREMIER

3945 Hwy 90 East

Lake Charles, LA 70615 Liquor & Beer – ‘2008 135.00

(Calvin Collins’ District)

Fuel Stop 36, Inc.

Reid Smith – Executive VP

DOUBLE DIAMOND CASINO

108-B Hwy 397

Lake Charles, LA 70615 Liquor & Beer – ‘2008 135.00

(Calvin Collins’ District)

Fuel Stop 36, Inc.

Reid Smith – Executive VP

FUEL STOP 36 TRUCK STOP

108 Hwy 397

Lake Charles, LA 70615 Beer (Pkg) – ‘2008 25.00

(Calvin Collins’ District)

WARD IV

DAD Oil, LLC

Harold Herman – Member

BAYOU LANDING

7621 Hwy 27 South

Sulphur, LA 70665 Liquor & Beer (Pkg) – ‘2008 75.00

(Brent Clement’s District)

Glenn’s Mart, Grill, & Deli, Inc.

Glenn Cormier – Pres.

CAJUN DELI USA RESTAURANT

2701-B Beglis Parkway

Sulphur, LA 70665 Beer – ‘2008 35.00

(Mike Danahay’s District)

Glenn’s Mart, Grill, & Deli, Inc.

Glenn Cormier – Pres.

CAJUN DELI USA CONVENIENCE STORE

2701 Beglis Parkway

Sulphur, LA 70665 Liquor & Beer (Pkg) – ‘2008 75.00

(Mike Danahay’s District)

Samantha Diane Istre d/b/a

SAM’S COVE

3609 Davis Road

Westlake, LA 70669 Liquor & Beer – ‘2008 135.00

(Hal McMillin’s District)

Tropical Spirits, LLC

Lionel Peschier – Member

TROPICAL SPIRITS

3580 East Napoleon Street

Sulphur, LA 70663 Liquor & Beer (Pkg) – ‘2008 75.00

(Mike Danahay’s District)

Fisherman’s Headquarters, Inc.

C. Charles Carr II – Pres.

FISHERMAN’S HEADQUARTERS

5340 Hwy 27 South

Sulphur, LA 70665 Beer (Pkg) – ‘2007 25.00

(Brent Clement’s District) Beer (Pkg) – ‘2008 25.00

WARD VII

Tobacco Plus, Inc.

John Dan Gielen – Pres.

TOBACCO PLUS #5

2217 Old Hwy 90

Vinton, LA 70668 Liquor & Beer (Pkg) – ‘2008 75.00

(Brent Clement’s District)

Stateline Beverage Sales, LLC

Bobby Bellar – Member

BOBBY B’S

5585 Hwy 90 West

Vinton, LA 70668 Liquor & Beer – ‘2008 135.00

(Brent Clement’s District)

A P Business, Inc.

Aziz Panjwani – Pres.

BORDER TOWN TRAVEL PLAZA

2470 Toomey Road

Vinton, LA 70668 Liquor & Beer (Pkg) – ‘2008 75.00

(Brent Clement’s District)

Jalou Magic, LLC

Reid Smith – Executive VP

CASH MAGIC CASINO

2334 Hwy 109 South

Vinton, LA 70668 Liquor & Beer – ‘2008 135.00

(Brent Clement’s District)

Jalou Magic, LLC

Reid Smith – Executive VP

CASH MAGIC TRUCK STOP

2334-A Hwy 109 South

Vinton, LA 70668 Beer (Pkg) – ‘2008 25.00

(Brent Clement’s District)

Jalou of Vinton, LLC

Reid Smith – Executive VP

TEXAS PELICAN TRUCK STOP/CASINO

2213 Old Hwy 90

Vinton, LA 70668 Liquor & Beer – ‘2008 135.00

(Brent Clement’s District)

WARD VIII

Mansehra Company, Inc.

Nadeem Abbasi – Pres.

LANDRY’S QUICK SERVE

6594 Hwy 3059

Lake Charles, LA 70615 Liquor & Beer (Pkg) – ‘2008 75.00

(Tony Stelly’s District)

TOTAL REMITTANCE: 1,530.00

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

Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated October 18, 2007, were approved.

President Landry advised that action was needed on RZ07-034-07 which was a request by Burton Stigen to rezone from C-1 (Light Commercial) to R-M (Multi-Family Residential) to allow multi-family residential development (homeless shelter) at 5899 Highway 3112 in Ward Seven, Police Jury District 12 (Mr. Clement’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, November 13, 2007, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development.

Motion was made by Mr. Clement, seconded by Mr. Andrepont and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ07-034-07 and that the request to rezone be granted with the stipulation outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5415

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Burton Stigen to rezone from C-1 (Light Commercial) to R-M (Multi Family Residential) to allow multi family residential development (homeless shelter) on the property described as: Block 21 of Jacksonville Sub. In NW1/4 of S36, T10S, R13W, also a tract in SW1/4 of NW1/4 of S36, T10S, R13W, commencing at intersection of E line of Jackson Street, with E line of SW1/4 of NW1/4; thence N on said line to within 100 feet of N line of said SW1/4 of NW1/4; thence W at right angle to Jackson Street; thence along E side of Jackson Street; to poc.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 15^th day of November, 2007, 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 Seven of this parish:

From C-1 (Light Commercial) to R-M (Multi Family Residential) to allow multi- family residential development (homeless shelter) with the stipulation that the development must adhere to the site plan on file with the Division of Planning and Development on the property described as: Block 21 of Jacksonville Sub. In NW1/4 of S36, T10S, R13W, also a tract in SW1/4 of NW1/4 of S36, T10S, R13W, commencing at intersection of E line of Jackson Street, with E line of SW1/4 of NW1/4; thence N on said line to within 100 feet of N line of said SW1/4 of NW1/4; thence W at right angle to Jackson Street; thence along E side of Jackson Street; to poc.

Zoning Case RZ07-034-07

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/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Landry advised that action was needed on RZ03-033-07 which was a request by Randolph L. Reid to rezone from R-1 (Single Family Residential) to PUD (Planned Unit Development) to develop a traditional neighborhood development with a combination of light commercial, multi-family, townhouses, and single-family houses at the northwest corner of Weaver Road and Ham Reid Road in Ward Three, Police Jury District 8 (Mr. Brame’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, November 13, 2007, 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) the Director of the Division of Planning and Development, or his designee, may authorize adjustments to the site plans in light of technical or engineering considerations discovered during development; and (3) that the use be limited to C-1 (Light Commercial) uses, retail outlets, and restaurants (alcoholic beverages may be consumed on the premises.)

It was moved by Mr. Brame, seconded by Mr. Stelly and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ03-033-07 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5416

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Randolph L. Reid to rezone from R-1 (Single Family Residential) to PUD (Planned Unit Development) to develop a traditional neighborhood development with a combination of light commercial, multi-family, townhouses, and single family houses on the property described as: The SE1/4 of the SW1/4 and the E1/2 of the SW1/4 of the SW1/4 of S26, T10S, R9W, Calcasieu Parish Louisiana, less and except parts sold.

R-1 (Single Family Residential) to PUD (Planned Unit Development) to develop a traditional neighborhood development with a combination of light commercial, multi-family, townhouses, and single family houses with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) the Director of the Division of Planning and Development, or his designee, may authorize adjustments to the site plans in light of technical or engineering considerations discovered during development; 3) that the commercial uses be limited to C-1 (Light Commercial), retail outlets, and restaurants (alcoholic beverages may be consumed on the premises), on the property described as: The SE1/4 of the SW1/4 and the E1/2 of the SW1/4 of the SW1/4 of S26, T10S, R9W, Calcasieu Parish Louisiana, less and except parts sold.

Zoning Case RZ03-033-07

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

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

President Landry advised that action was needed on RZ04-027-07 which was a request by McManus Construction to rezone from A-1 (Agricultural) and I-2 (Heavy Industrial) to I-2R (Heavy Industrial-Restricted) to allow a solid waste site (construction and debris landfill-classification type 3) on Evergreen Road in Ward Four, Police Jury District 14 (Mr. McMillin’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, October 16, 2007, and voted unanimously to recommend that the request be denied, and further, that the staff had recommended 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 development adhere to the Department of Environmental Quality Regulations; and (3) upon issuance of a development permit, the solid waste site disposal is for fifteen (15) years or when the pit is completely filled, whichever comes first. President Landry pointed out that the Police Jury had deferred action on October 18, 2007, until the meeting on this date.

Motion was made by Mr. McMillin and seconded by Mr. Andrepont to overturn the recommendation of the Planning and Zoning Board with respect to RZ04-027-07 and to grant the request to rezone with the stipulations recommended by the staff as outlined above.

President Landry ruled that the proponents of the rezoning request would be allowed a total of ten minutes to make their presentation and the opponents would be allowed the same amount of time.

Mr. Sheldon McManus, 276 School Street, Moss Bluff, appeared before the Police Jury and stated that the site had been an ongoing excavation site for the last several years and supplied dirt for work on parish roads and municipal projects. Mr. McManus further stated that the site had been a temporary landfill following Hurricane Rita and had been monitored by FEMA and DEQ to make sure the proper materials were being disposed of at the site. Mr. McManus explained that his company was asking to rezone the property for a permanent site, which would eventually be backfilled and capped, and he was prepared to do whatever he needed to do to minimize any problems associated with dust.

Mr. Manuel asked that a privacy fence be required and suggested that the applicant asphalt the portion of the road on which people were living, to curtail any problems that might arise because of dust, to which Mr. McManus replied that his company intended to provide asphalt from Evergreen Road to neighboring properties which was about 300' - 400'.

In answer to a question by Mr. Danahay, Mr. McManus explained that during the storm, construction and storm debris was disposed of at the site which had been primarily wood waste, and no hazardous waste was accepted.

In response to questions by Mr. McMillin, Mr. McManus stated that any problems with dust or mud on the road would be dealt with immediately. He further stated that there was a locked gate and perimeter ditches around the site so that there would be no access to it except through the gate.

Mr. Danahay asked what the designated hours of operation would be, and Mr. McManus stated that they would operate during daylight hours and on some weekends. Mr. Vickers explained that the staff had not stipulated hours of operation, because the site was already permitted, and the older permit did not address hours of operation.

Mr. Danahay asked that this be added to the stipulations recommended by the staff.

Mrs. Griffin asked what was being required under the DEQ permit, and Mr. Vickers explained that there would be a buffer, all materials had to be backfilled and covered, proper monitoring had to be done to make sure no unauthorized materials got in the landfill, etc.

Mr. Clement asked how much longer the company could haul dirt to the site under the existing permit. Mr. Vickers stated that the permit was valid until the site was completely excavated. Mr. McManus explained that they had basically dug the surface and could continue digging deeper as long as the soil was suitable but would stop when they got to heavy clay which he estimated to be approximately 18 feet deep on 30 acres of sandy loam soil.

Ms. Shirley Johnson, 2217 Evergreen Road, Westlake, appeared before the Police Jury and stated that she was against the rezoning but would yield her time to speak to Pastor Larry Kellogg.

Pastor Larry Kellogg, 3104 Napoleon Street, Sulphur, appeared before the Police Jury and stated that he had temporarily lived in the home of Pastor and Vicky Guy who resided at 2014 Evergreen Road, Westlake, whose back yard abutted the borrow pit. Pastor Kellogg cited various problems associated with the pit such as traffic, noise and dust.

Mr. McMillin stated that the pit had been in place since the 1980's, and there had been truck traffic out there since that time. He further stated that it was a central location for hauling and was needed at this time.

Ms. Vicky Guy, 2014 Evergreen Road, Westlake, appeared before the Police Jury and stated that she had not fought the site being used on an emergency basis following Hurricane Rita, because that debris had to go somewhere. Ms. Guy further stated that on June 20, 2007, an order was issued by the DEQ to close the site and in August, 2007, the site was still operating, and DEQ had shut it down. She pointed out that the landfill was operating without a permit during that time.

Ms. Guy asked that the Police Jury “shut it down” because of the dust and noise, mostly for the sake of the children in the area. Ms. Guy stated that she and her husband had lived on Evergreen Street for the past ten years, and the site was not in business when they moved there. She further stated that after Hurricane Rita, she had spoken to them about the dust and noise problems and advised that there were trucks jack-knifing at 5:00 a.m. on her road which was a residential, two-way street. Ms. Guy also referenced problems for which DEQ had cited McManus Construction and said that the dust from the site contained asbestos.

Mrs. Griffin asked Mr. Vickers if he was aware of the concerns Ms. Guy cited. Mr. Vickers explained that right after Hurricane Rita, the Parish had to open up a number of emergency sites to deal with debris, and these were authorized to operate on a limited basis. He stated that it was not surprising to him that DEQ would come in at some point and give them a limited amount of time to continue to operate and to require them to go through the full permitting process if they wanted to continue to operate past that date. Mr. Vickers advised that he thought that was what McManus Construction Company was trying to do, to get a permit to operate on an ongoing, full-time basis, and even though they should not be accepting demolition debris at the current time, the company could still excavate and haul dirt. Mr. Vickers further advised that he was not privy to any specifics of DEQ’s inspections of the site.

Mrs. Griffin asked if the company was operating illegally, to which Mr. Vickers stated that he could not make that determination, and pointed out that DEQ operated under different guidelines than the Parish.

Mrs. Treme suggested that a berm, planted with pampas grass or similar plantings, be built around the site instead of a fence to absorb the noise and dust.

Mr. Manuel stated that the site was a dirt pit and regardless of what action the Police Jury took on the rezoning request, the pit would continue, to which Mr. Vickers responded affirmatively.

Mr. Allen Smith, General Counsel, pointed out that the opposition’s time to present their case had expired, and President Landry ruled that he would allow one more speaker.

Mr. M. D. Vincent, 3442 East Burton Street, Mossville, appeared before the Police Jury and stated he had lived there since 1977. He mentioned an article entitled “Industrial Sources of Dioxin Poisoning in Mossville, Louisiana” and stated that Mossville was being inundated with all kinds of trash that nobody wanted.

President Landry asked Mr. Vincent to stick to the issue at hand which was the rezoning request itself.

Mr. Vincent stated that the residents of Mossville did not need any more pits in their community, dumping trash on Mossville. He also stated that the dust would not be contained and would go wherever the wind blew it and that the dirt became like ice when it was raining. Mr. Vincent further stated that his property was being destroyed, and he had a lot of dead trees because of neighbors dumping water on his property. Mr. Vincent advised that there were 14 industrial plants dumping on Mossville, and they did not want the landfill.

Mrs. Griffin stated that McManus Construction Company was doing business without a permit, and that should not be allowed. She also stated that several concerns had been cited that the jurors were not aware of and if someone was not trustworthy, she had a problem with that.

Mr. Andrepont stated that evidently the pit had been there since 1980, and apparently some permit had to be issued. He advised that the issue was not the removal of soil from the pit but placing biodegradable items in it. Mr. Andrepont pointed out that hazardous waste was not being discussed, and the proposed waste was trees, limbs, etc. that would eventually rot in the ground. Mr. Andrepont advised that he had received calls from people in the tree removal business who were concerned about not having a place to bring their “spoils,” and these sites were needed.

Mr. Brame asked if there had been a permit issued for the dirt pit, and Mr. Vickers stated that Mr. McManus had operated under an emergency order that was actually requested by the Parish following Hurricane Rita and that this was an interim permit with a limited life. He further stated that once most of the debris was disposed of, DEQ required these types of facilities to shut down and if the owners of the sites wanted to continue operating, they had to get a DEQ permit through the full permitting process which in this case would require a change in zoning which would have to be approved by the Police Jury. He pointed out that the landfill would be limited to construction and demolition debris and would be monitored by DEQ.

Mrs. Griffin stated that the fact was that McManus had a permit, it expired, and they kept operating. She called the question on the motion on the floor.

A brief discussion was held on whether to require a fence or a berm around the site. Mr. McManus stated that he had no problem building a berm, but he only had a 60' right-of-way against Ms. Guy’s property, and the base of the berm would have to be 60' to have enough height to it.

In answer to a question by Mr. Brame, Mr. McManus stated that the Parish had asked for several extensions to the permits for the temporary debris sites but once the permit had finally expired, his company quit hauling dirt but could not completely cap the pit at that time as required because of rainy weather.

Mr. McMillin stated that he was not aware of any other dirt pit that the Police Jury had required a berm to be built around it, and since Mr. McManus did not have sufficient property to build a berm between the pit and Ms. Guy’s property, a fence with shrubbery might be the best option.

Ms. Guy stated she did not want a fence or a berm, she wanted the dirt pit closed down. She further stated that DEQ had told her there was asbestos in the pit, and she did not want that in her lungs.

Mr. McMillin stated that he would prefer that the contractor and Mr. Vickers work out the dust issues, but he did want to see the road asphalted.

Mr. McMillin amended his motion on the floor, and Mr. Andrepont (who seconded the motion) concurred with the amendment, to require additional stipulations as follows: (1) that the entrance road be hardsurfaced with asphalt, (2) that the hours of operation be from dusk until dawn (daylight hours only), (3) that a determination on a suitable dust control barrier (wooden or vinyl fence or berm with appropriate landscaping) would be made by the Director of the Division of Planning and Development, in conjunction with the applicant, and (4) that the rezoning would be contingent upon issuance of the proper permit(s) by the Department of Environmental Quality to McManus Construction.

A vote was taken on the motion as amended which was to overturn the recommendation of the Planning and Zoning Board with respect to RZ04-027-07 and to grant the request to rezone 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 development adhere to the Department of Environmental Quality Regulations; (3) upon issuance of a development permit, the solid waste site disposal is for fifteen (15) years or when the pit is completely filled, whichever comes first; (4) that the entrance road be hardsurfaced with asphalt; (5) that the hours of operation shall be from dusk until dawn (daylight hours only); (6) that a determination on a suitable dust control barrier (wooden or vinyl fence or berm with appropriate landscaping) would be made by the Director of the Division of Planning and Development, in conjunction with the applicant; and (7) that the rezoning would be contingent upon issuance of the proper permit(s) by the Department of Environmental Quality to McManus Construction. The vote thereon was as follows:

YEAS: Mr. Andrepont, Mr. Brame, Mr. Clement, Mr. Collins, Mr. Danahay, Mr. Guidry, Mr. Guillory, Dr. Mackey, Mr. Manuel, Mr. McMillin, Mr. Stelly, and Mrs. Treme

NAYS: Mrs. Griffin

ABSENT: Mr. Moon (left meeting early to attend a funeral)

NOT VOTING: President Landry

The vote being twelve (for) to one (against), President Landry declared the motion as having carried; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5417

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by McManus Construction to rezone from A-1 (Agricultural) and I-2 (Heavy Industrial) to I-2R (Heavy Industrial-Restricted) to allow a solid waste site (construction and debris landfill- classification type 3) on the property described as: S1/2 Lot 2 Blk B Vincent Sub In Secs 20 and 29.9.9 5.06 Acs; Lot 3 Blk “C” Vincent Sub Desc as Lot C Vincent Sub in 29.9.9 less 4 ½ Acs in N/side 10.27 Acs; Com 334.5 ft W of SE cor Lot “A” Eli Vincent Heirs Sub of Secs 20 and 29.9.9, TH S 668 ft, W 92.8 Ft Etc; N ½ lot 2 blk B Vincent Heirs Sub 29.9.9; Blk “D” Vincent Heir Sub 29.9.9, less 4 Acs-comprising 10.77 Acs; Com 203.2 ft S of NW cor Blk D Vincent Sub in 29.9.9 S 137.4 ft E 321.5 ft Etc; 1 ½ acs off S/S Lot D Vincent Sub in Secs 20 and 29.9.9 in SW NW 29.9.9.

From A-1 (Agricultural) and I-2 (Heavy Industrial) to I-2R (Heavy Industrial-Restricted) to allow a solid waste site (construction and debris landfill- classification type 3) 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 development adhere to the Department of Environmental Quality Regulations; 3) upon issuance of a development permit, the solid waste site disposal is for fifteen (15) years or when the pit is completely filled or whichever comes first; 4) entrance road must be hardsurfaced with asphalt; 5) hours of operation shall be from dusk until dawn (daylight hours only); 6) a determination on a suitable dust control barrier (wooden or vinyl fence or berm with appropriate landscaping) shall be made by the Director of the Division of Planning and Development, in conjunction with the applicant; and; 7) this rezoning shall be contingent upon issuance of the proper permit(s) by the Department of Environmental Quality to McManus Construction on the property described as: S1/2 Lot 2 Blk B Vincent Sub In Secs 20 and 29.9.9 5.06 Acs; Lot 3 Blk “C” Vincent Sub Desc as Lot C Vincent Sub in 29.9.9 less 4 ½ Acs in N/side 10.27 Acs; Com 334.5 ft W of SE cor Lot “A” Eli Vincent Heirs Sub of Secs 20 and 29.9.9, TH S 668 ft, W 92.8 Ft Etc; N ½ lot 2 blk B Vincent Heirs Sub 29.9.9; Blk “D” Vincent Heir Sub 29.9.9, less 4 Acs-comprising 10.77 Acs; Com 203.2 ft S of NW cor Blk D Vincent Sub in 29.9.9 S 137.4 ft E 321.5 ft Etc; 1 ½ acs off S/S Lot D Vincent Sub in Secs 20 and 29.9.9 in SW NW 29.9.9.

Zoning Case RZ04-027-07

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

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

Upon motion made by Mr. Manuel, which was duly seconded by Mr. Stelly and carried unanimously, the Director of Planning and Development was authorized to notify the following property owners, in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to show cause at a public hearing on December 20, 2007, or the first regular Police Jury meeting thereafter, as to why the structures on the properties as stipulated should not be condemned:

(1) 4012 WILDFLOWER DRIVE, Carlyss area, Lot 29 Rosemont Subdivision No 3, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Robert Paul Doty, et ux, 4012 Wildflower Drive, Sulphur, LA 70663, TA# 01342970 (Police Jury District 12, Mr. Clement);

(2) 7737 CADILLAC, Hayes area, Lots 15 & 16 Block 31 Hayes Subdivision, Ward 2, Calcasieu Parish, Louisiana (one house and accessory building) Owner: Jocelyn Marie Lafleur Spears, P O Box 24, Hayes, LA 70646, TA# 00039276 (Police Jury District 10, Mr. Stelly);

(3) 709 MURRAY STREET, East Lake Charles area, Lot 4 of J W House Second Subdivision, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: Larry Gilley, 709 Murray Street, Lake Charles, LA 70615, TA# 00103942 (Police Jury District 2, Mr. Collins);

(4) 4001 THORNTON STREET, East Lake Charles area, Lot 10 & 11 Block 6 Less E 20 Ft of Lot 10 Airport Acres Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house and accessory building) Owner: C A Verrett, 2400 Dietz Street, Lake Charles, LA 70601, TA# 00096121 (Police Jury District 2, Mr. Collins);

(5) TEXAS STREET, Hayes area, Lot s 4 & 5 Block 5 Solomon Hayes Add and Half of Abandoned Alley on S Side, Ward 2, Calcasieu Parish, Louisiana (one house) Owner: Monica Lynn Hebert, et al, 887 Hampton Ave, Lake Charles, LA 70611, TA# 00042625 (Police Jury District 10, Mr. Stelly);

(6) 1027 MURL PERKINS ROAD, DeQuincy area, Com 396 Ft W and 354 Ft N of SE Cor NW SE 12.7.11 Th W 107 Ft N 306 Ft etc, Ward 6, Calcasieu Parish, Louisiana (one manufactured home) Owner: Dorothy Perkins McCarty, P O Box 173, DeQuincy, LA 70663, TA# 00230634 (Police Jury District 11, Mrs. Treme);

(7) 3391 JULIA STREET, Southwest Lake Charles area, E/2 of -Com SW Cor Lot 17 Tract A Partition of Estate of Narcisse Ogea Sr Th E Along S Line of Lot 300 Ft, N 125.48 Ft M/L to S/Line Rd Etc, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: Citifinancial Consumer Services Inc, c/o Citicorp Trust Bank, P O Box 142229, Irving, TX 75014, TA# 00056847 (Police Jury District 8, Mr. Brame);

(8) 3305 TOWER ROAD, Westlake area, Lot 8 W H Tower Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Roger G Burgess, 421 Honeysuckle Lane, Westlake, LA 70669, TA# 01080881B (Police Jury District 15, Mr. Danahay);

(9) 535 CORLEY STREET, DeQuincy area, Com 150 Ft N of SE Cor NE NW 17.7.10, Th N 290 Ft, W 132 Ft, S 290 Ft, E 130 Ft to Com, Ward 6, Calcasieu Parish, Louisiana (one manufactured home) Owner: Glen & Nettie Marie Parker, P O Box 430,DeQuincy, LA 70633, TA# 01125478 (Police Jury District 11, Mrs. Treme);

(10) 3390 BURSON ROAD, North Lake Charles area, Com NW Cor NW SW 14.9.8 TH and Lot 13, Block 2, Burson Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Broussard Family Trust, 1518 Eunice Street, Sulphur, LA 70663, TA# 00053643 (Police Jury District 2, Mr. Clement);

(11) 129 RED ROSE DRIVE, Carlyss area, W/2 of Lot 42 Rosemont Subdivision No 3, Ward 4, Calcasieu Parish, Louisiana (manufactured home) Owner: Clement Keith Johnson, 129 Red Rose Drive, Sulphur, LA 70665, TA# 01080598 (Police Jury District 12, Mr. Clement);

(12) 4105 WILDFLOWER, Carlyss area, Lot 12 Rosemont Subdivision No 3, Ward 4, Calcasieu Parish, Louisiana (one house) Owner: Sandra Kay Ellender Fulk, 4105 Wildflower Drive, Sulphur, LA 70665, TA# 01023403 (Police Jury District 12, Mr. Clement);

(13) 126 PREDIUM ROAD, South Lake Charles area, Lot 17, Predium Subdivision, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: Frederick J Matthews, Jr, 1413 N Junior Street, Lake Charles, LA 70601, TA# 00082732 (Police Jury District 7, Mr. Landry);

(14) 2636 FREDERICK ROAD, Westlake area, Lot 10 W H Tower Subdivision, Ward 4, Calcasieu Parish, Louisiana (one house) Owner: Roger Johnson, et ux, 2636 Frederick Road, Westlake, LA 70669, TA# 00116882 (Police Jury District 15, Mr. Danahay).

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

Following a brief report by Mr. McMillin, Chairman of the Budget Committee, motion was made by Mr. Manuel, seconded by Mr. Stelly and carried unanimously that the Budget Committee Report dated November 15, 2007, and all recommendations contained therein, be approved as follows:

BUDGET COMMITTEE REPORT

November 15, 2007

______________________________

A meeting of the Budget Committee was held at 4:00 p.m. on Thursday, November 15, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Hal McMillin, Chairman, presiding and the following members present:

Mr. Brent Clement, Mr. Kevin Guidry, President Chris E. Landry, Ex-Officio, Mr. Tony Stelly, and Mrs. Sandra J. “Sandy” Treme

Absent: Charles S. Mackey, D.D.S.

Also present were Police Jurors Francis Andrepont, Guy Brame, Calvin Collins, Michael E. Danahay, Tony Guillory, Don Manuel, and Cornie Moon; Police Jurors-Elect Les Farnum and Claude Syas; Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Tammy Bufkin, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Claude Smart, Ms. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Allen Wainwright.

Said Committee:

(1) Received the administrative presentation of the Parish’s Fiscal Year 2008 Budget.

(2) Recommended approval of the following requests for funding from the Parish’s Delta Fund:

Ward Eight (Police Jury District 4) – $5,000 to Waterworks District No. Five of Wards Three and Eight for the purchase of plant equipment. (On November 1, 2007, the Police Jury approved a grant in the amount of $10,000 for the extension of waterlines to the Manchester area. Mr. Guillory would like to change the scope of the project from the waterline extension project to the purchase of plant equipment and allocate $15,201 instead of $10,000.)

Ward Four (Police Jury District 14) – $3,000 to Waterworks District No. Four of Ward Four for the installation of fire hydrants.

(3) Recommended approval of a grant in the amount of $6,000 from the Police Jury’s Gaming Fund, Parishwide Needs, for Care Help of Sulphur’s Christmas Gift Basket Program.

(4) Recommended approval of appropriation from the Police Jury’s Gaming Funds in the amount of $7,107 for the City of DeQuincy and $7,442 for the Town of Vinton, in order to insure that both municipalities will receive an amount equal to that granted to them in 2006. (The distribution formula in the pooling agreement for gaming funds resulted in DeQuincy and Vinton being allocated less than was previously granted by the Parish. Sulphur and Iowa need no subsidy as the formula allocated amounts for each in excess of the previous year’s grants.)

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

After a brief report by Mr. Danahay, Chairman of the General Insurance Committee, It was moved by Mr. Danahay, seconded by Mr. Stelly and carried unanimously to approve the General Insurance Committee Report dated November 15, 2007, and all recommendations contained therein, as follows:

GENERAL INSURANCE COMMITTEE REPORT

November 15, 2007

A meeting of the General Insurance Committee was held at 5:15 p.m. on Thursday, November 15, 2007, in the Police Jury Meeting Room of the Parish Government Building, located at 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Michael E. Danahay, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mrs. Elizabeth Conway Griffin, Mr. Cornelius “Cornie” Moon. Mr. Tony Stelly, and Mrs. Sandra J. “Sandy” Treme

Absent: None

Also present were Police Jurors Guy Brame, Brent Clement, Tony Guillory, Chris Landry, and Don Manuel; Police Juror-Elect Les Farnum; Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Jerry Milner, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, and Mr. Gerry Trahan.

Said Committee:

(1) Received report from staff regarding hospitalization and related insurance contracts for Calendar Year 2008. The Committee made the following recommendations:

• Renew contract with Benefit Management Services, the Parish’s current third-party administrator, for the 2008 calendar year;

• Accept the Specific and Aggregate Reinsurance Proposal submitted by Symetra Financial for the 2008 calendar year with a $200,000 individual (specific) deductible;

• Renew contract with the Parish’s consultant, Gallagher Benefit Services, at an annual fee of $48,000 for the 2008 calendar year; and

• Renew contract with Sterling Wellness to manage the Health Steps Program.

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

Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Collins 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 15^th day of November, 2007, that it does hereby authorize the Workforce Investment Board to submit a request for up to $3,000,000 to the Louisiana Department of Labor for additional National Emergency Grant Funds, to continue a current grant that ends on December 31, 2007, to provide workforce development activities (classroom training, on-the-job training, work experience, case management, supportive services, etc.) to address the needs of individuals impacted by Hurricanes Katrina and Rita.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Mrs. Treme, seconded by Dr. Mackey and carried unanimously that the following resolution be adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 15^th day of November, 2007, that it does hereby approve an extension to the Cooperative Endeavor Agreement between the Police Jury, the City of Lake Charles, the City of Westlake, and Washington Matters, L.L.C. for lobbying services for Calcasieu Parish, for a period of sixteen (16) months, through December 31, 2008.

BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.

THUS DONE AND PASSED on the date above inscribed.

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

With reference to the foregoing and in answer to a question by Mr. McMillin, Mr. McMurry explained that the Police Jury’s contact was former Congressman Jimmy Hayes who tracked and monitored federal legislation and did research, pointing out that Mr. Hayes had recently been involved in trying to secure funding for construction of a new Interstate-10 Bridge.

It was moved by Dr. Mackey, seconded by Mr. Andrepont and carried unanimously to authorize the execution of an agreement by the Parish Administrator for a lease with the Office of the Governor, Mental Health and Advocacy Service, a new tenant of the Magnolia Building, in accordance with parameters established by the Police Jury Liaison Group for such purpose.

Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Moon and carried unanimously, the bid of Wingfoot Commercial Tire Systems, LLC, was accepted for the purchase of equipment tires with unit prices effective from November 16, 2007, until April 30, 2007, bids for which were received by the Parish Purchasing Agent on November 5, 2007. (It was noted that the bid submitted by Southern Tire Mart was not signed as required.)

Motion was made by Mr. Andrepont, seconded by Mr. Brame and carried unanimously that the low bid of Kay Communications, Inc., in the amount of $78,600.00 be accepted, complete as per all specifications, for purchase and program of 300 or more ICOM Mobile F121 VHF 136-174 MHz Radios (or equivalent) for use by the Office of Homeland Security and Emergency Preparedness.

It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously to adopt the following resolution:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 15^th day of November, 2007, that it does hereby declare various movable assets of various parish departments, district, and agencies, as determined by the Division of Finance, through November 30, 2007, as surplus property and authorizing the disposal of said items as prescribed by LSA– R.S. 33:4711.1.

THUS DONE AND PASSED on the date above inscribed.

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

Upon motion made by Mr. Brame, which was duly seconded by Mrs. Griffin and carried unanimously, the Parish Purchasing Agent was authorized to advertise for bids for propane fuel with unit prices effective from December 7, 2007, until May 31, 2008.

Motion was made by Mr. Stelly, seconded by Mr. Brame and carried unanimously that the Parish Purchasing Agent be authorized to advertise for bids for distribution pipe and fittings for Waterworks District No. Five of Wards Three and Eight.

It was moved by Mrs. Treme, seconded by Dr. Mackey and carried unanimously to authorize the Parish Purchasing Agent to advertise for bids for collection sewer pipe and fittings for Sewer District No. Eleven of Ward Three.

Upon motion made by Mr. Brame, which was duly seconded by Mr. Collins and carried unanimously, the President of the Police Jury was authorized to execute all documents related to the acquisition of right-of-way (servitude of drain) from Catherine Lynn Broussard on Elliott Road in Ward Three, Police Jury District 8 (Mr. Brame’s district).

Motion was made by Mr. Stelly, seconded by Mr. McMillin and carried unanimously that the President of the Police Jury, acting on behalf of Waterworks District No. Five of Wards Three and Eight, be authorized to execute all documents related to the donation of right-of-way from J.A.T.K.Y., a limited partnership, J N J Ridge Estates, LLC, Fred and Gerald Delaney, and Charles Emmett and Debra Montgomery, on Louisiana Highway 397 in Wards Two and Eight, Police Jury District 10 (Mr. Stelly’s district). (This right-of-way donation was needed for Calcasieu Parish Project No. 2007-08, Water Main Extension Project.)

It was moved by Mr. Stelly, seconded by Mrs. Griffin and carried unanimously to accept Calcasieu Parish Project No. 2007-08 (Water Main Extension Project) as substantially complete.

Upon motion made by Mrs. Treme, which was duly seconded by Dr. Mackey and carried unanimously, Calcasieu Parish Project No. 2006-12 was accepted as substantially complete (Ward 5 – John P. Gillis Road; Ward 6 – Lucas Barrow Road, Mister Robert’s Road and Stephen Young Road).

Motion was made by Mr. McMillin and seconded by Mr. Manuel that action be deferred for thirty days on expiration of the term of Ms. Judy Vice as a member of the Board of Commissioners of the Vinton Harbor and Terminal District. (Pursuant to LSA—R.S. 34:334.2, the Police Jury must submit the names of two nominees to the Board of Commissioners for this position, and the Board of Commissioners would make the appointment.)

With respect to the foregoing, Mr. McMurry asked if action could instead be deferred until the Regular Meeting on December 6, 2007. Mr. McMillin amended his motion, and Mr. Manuel accepted said amendment, that action be deferred until the Regular Meeting on December 6, 2007, with respect to expiration of the term of Ms. Judy Vice as a member of the Board of Commissioners of the Vinton Harbor and Terminal District.

It was moved by Mrs. Griffin, seconded by Mr. Brame and carried unanimously to suspend the rules by a two-thirds majority vote to adopt the following resolution:

RESOLUTION

WHEREAS, the Lake Charles Harbor and Terminal District (the “District”) has, on February 7, 2006, April 10, 2007, and June 12, 2007, in accordance with the requirements of Part II of Chapter I of Title 34 of the Louisiana Revised Statutes of 1950, as amended (the “District Act”) and Article VI, Section 21 of the Constitution of the State of Louisiana of 1974 and Part XII of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended (together with the District Act, the “Act”), and other constitutional and statutory authority and the Rules of the State Bond Commission of the State of Louisiana (the “Commission”), duly authorized the issuance of not to exceed $1,000,000,000 Lake Charles Harbor and Terminal District Revenue Bonds (Lake Charles Cogeneration LLC Project) in one or more series (the “Bonds”) for the benefit of Lake Charles Cogeneration LLC, a limited liability company organized and existing under the laws of the State of Delaware (the “Company”), for the purpose of providing funds to (i) finance or reimburse the costs of the development, acquisition, construction, installation, and equipping of a petroleum coke fueled poly-generation gasification facility to be located in the Parish of Calcasieu, Louisiana (the “Project”), (ii) capitalize a portion of the interest on the Bonds and (iii) pay all or a portion of the necessary costs in connection with the issuance of the Bonds; and

WHEREAS, on November 15, 2007, the District held a public hearing in connection with the issuance of the Bonds after due notice thereof was published in the official journal of the District, being the locality in which the District and the Project are located, at which no objections were raised by anyone present at the hearing; and

WHEREAS, the Commission duly approved the issuance of and awarded the sale of the Bonds in accordance with its Rules on May 17, 2007; and

WHEREAS, the provisions of Section 147(f) of the Code require that the issuance of certain private activity bonds, such as the Bonds, must be approved by the “applicable elected representative” of the “governmental unit” having jurisdiction over the area in which the Project is located; and

WHEREAS, under Section 147(f)(2)(E)(i)(II) of the Code, the applicable elected representative of the governmental unit is, in this case, the chief elected official of the Parish of Calcasieu, State of Louisiana; and

WHEREAS, as the chief elected official of the Parish of Calcasieu, State of Louisiana, the undersigned desires to approve the issuance of the Bonds for the purpose of accomplishing the financing of the Project on behalf of the Company, all in accordance with Section 147(f) of the Code.

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 15^th day of November, 2007, that it does hereby certify that Chris E. Landry, President of the Police Jury of the Parish of Calcasieu, State of Louisiana, is the chief elected official of the Parish of Calcasieu, State of Louisiana, and the issuance of the Bonds for the purpose of financing the cost of the Project on behalf of the Company, all in accordance with Section 147(f) of the Code, is hereby approved.

BE IT FURTHER AND FINALLY RESOLVED that the Board of Commissioners of the District and its officers are authorized to cause this Certificate to be filed of record in the Transcript of Proceedings for the Bonds and to file a copy thereof with any state or federal agency, board or commission as may be required by any applicable state or federal laws, rules or regulations.

WITNESS my signature this 15^th day of November, 2007, at Lake Charles, Louisiana.

/s/ Chris E. Landry, President Calcasieu Parish Police Jury

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

Motion was made by Mr. Manuel, seconded by Mr. Andrepont and carried unanimously that the Police Jury go into executive session to discuss Lawsuit No. 04-7013H (Vassar vs. Police Jury et al). Following the executive session, the Police Jury reconvened in regular session, and it was moved by Mr. Manuel, seconded by Mr. Guidry and carried unanimously to receive the report given by legal counsel during the executive session.

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

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary