PUBLISHED August 29, 2013 AND POSTED AT PARISH COMPLEX BY August 30, 2013
AGENDA
ST. TAMMANY PARISH COUNCIL MEETING
2013-09-05 AT 6:00 PM
ST. TAMMANY GOVERNMENT COMPLEX
21490 KOOP DRIVE, MANDEVILLE, LA.

Call to Order by Honorable Jerry Binder, Chairman
Invocation by
Pledge of Allegiance by
Roll Call:
Marty Dean
Dennis Sharp
James A. (Red) Thompson
R. Reid Falconer
Martin W. Gould, Jr.
Richard E. Tanner
Jerry Binder
Jacob (Jake) Groby
Chris Canulette
E. L. Gene Bellisario
Maureen O'Brien
Steve Stefancik
Richard Artigue
Thomas (T.J.) Smith, Jr.

SPECIAL ITEMS

1. PUBLIC HEARING: Resolution C.S. No. C-3795 - Resolution establishing Millage Rates and Parcel Fees for the Year 2014. (Binder/Brister)

2. PUBLIC HEARING: BOARD OF REVIEW

In accordance with the provisions of La. R.S. 47:1992, the St. Tammany Parish Council hereby convenes in public session as a Board of Review to entertain complaints and/or appeals from any taxpayer(s) aggrieved by ad valorem assessments levied against his/her/their property.

The Assessor of St. Tammany Parish has duly advertised notice of this public hearing in accordance with law. The deadline for receipt of appeals by taxpayers to the Board of Review will be 11:59 p.m. September 9, 2013. If no appeals are lodged by this date, or appeals are lodged but resolved through the Parish Assessor’s Office, the time will automatically expire and terminate without the need for the Parish Council to reconvene to so declare.

PRESENTATIONS

1. Certificate of Recognition to Dale Mackie recognizing his service on the Planning and Zoning Commission. (Stefancik)

2. Certificate of Recognition to Chief Chuck Flynn on his retirement from St. Tammany Parish Fire Protection District No. 3. (Groby)

3. Certificate of Recognition to Andrew Bumpas recognizing his service on St. Tammany Parish Sub-Drainage District No. 2 of Gravity District No. 5. (Gould)

4. Presentation to Chevron for its contribution to St. Tammany Parish’s Office of Emergency Preparedness. (Brister)

5. Presentation to recognize Chief Tom Buell, Earl Gorrondona and John O'Neil for their service on St. Tammany Parish Communication District No. 1. (Brister)

6. Proclamation to declare the month of September as National Library Card Sign-up Month. (Brister)

CONSENT CALENDAR
(PAGES 2 THROUGH 5)

Any items not pulled from the Consent Calendar are automatically approved in whole by one vote. Items pulled from the Consent Calendar are discussed and voted upon individually.

MINUTES

Regular Council Meeting -  August 1, 2013

Special Council Meeting - August 28, 2013

Council Committee Meeting -  August 28, 2013

ORDINANCES FOR INTRODUCTION
(Public Hearing OCTOBER 3, 2013 )

1. Ord. Cal. No. 5057 - Ordinance amending the Official Parish Zoning Map to reclassify 10,830 Square feet located east of Beech Avenue, north of Birch Street, south of Sycamore Street, being lot 7A, Beverly Hills Subdivision, 57344 Beech Avenue, Slidell, from A-4 (Single-Family Residential District) to A-4 (Single-Family Residential District) and MHO (Manufactured Housing Overlay). (Ward 8, District 14). (ZC13-08-053) (ZC Approved 8/6/13) (Binder/Brister)

2. Ord. Cal. No. 5058 - Ordinance amending the Official Parish Zoning Map to reclassify 1.74 acres located east of Park Place Drive, north of Northpark Blvd., being Lot 41-A-1, Northpark, Phase II from NC-1 (Professional Office District) and HC-2 (Highway Commercial District) to HC-2 (Highway Commercial District). (Ward 3, District 5) (ZC13-08-055) (ZC Approved 8/6/13) (Binder/Brister)

3. Ord. Cal. No. 5059 - Ordinance amending the Official Parish Zoning Map to reclassify 13,334.3 square feet located on the northwest corner of Caroline Street and Marigny Avenue, Mandeville from NC-4 (Neighborhood Institutional District) to A-4 (Single Family Residential District). (Ward 4, District 10). (ZC13-08-056) (ZC Approved 8/6/13) (Binder/Brister)

4. Ord. Cal. No. 5060 - Ordinance amending the Official Parish Zoning Map to reclassify 26,083 square feet located at the northwest corner of Carroll Road and Liberty Drive, being 59125 Carroll Road, Slidell from NC-2 (Indoor Retail and Service District) to HC-1 (Highway Commercial District). (Ward 9, District 14) (ZC13-08-057) (ZC Approved 8/6/13) (Binder/Brister)

5. Ord. Cal. No. 5061 - Ordinance amending the Official Parish Zoning Map to reclassify 1.41 acres located west of Airport Road, south of Belair Blvd, north of Royal Drive, being 62069 Airport Road, Slidell from CB-1 (Community Based Facilities District) to A-2 (Suburban District). (Ward 9, District 11). (ZC13-08-058) (ZC Approved 8/6/13) (Binder/Brister)

6. Ord. Cal. No. 5062 - Ordinance amending the Official Parish Zoning Map to reclassify 9,474 square feet located north of Orleans Street, east of LA Highway 59, Mandeville from HC-2 (Highway Commercial District) to A-5 (Two-Family Residential District). (Ward 4, District 10) (ZC13-08-062) (ZC Approved 8/6/13) (Binder/Brister)

7. Ord. Cal. No. 5063 - Ordinance amending the Official Parish Zoning Map to reclassify 151.43 acres located at the southeast intersection of LA Highway 21 and I-12 from HC-3 (Highway Commercial District) and PBC-1 (Planned Business Center) to HC-3 (Highway Commercial District), PBC-1 (Planned Business Center) and RBCO (Regional Business Center Overlay). (Ward 1, District 1). (ZC13-08-063) (ZC Approved 8/6/13) (Binder/Brister)

8. Ord. Cal. No. 5064 - Ordinance amending the Official Parish Zoning Map to reclassify 0.94 acre located east of Cypress Drive, across from Jackson Drive, south of US Highway 190, being 60504 Cypress Drive, Lacombe from A-4 (Single Family Residential District) and A-3 (Suburban District) to A-4 (Single Family Residential District), A-3 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 7, District 7). (ZC13-08-064) (ZC Approved 8/6/13) (Binder/Brister)

9. Ord. Cal. No. 5065 - Ordinance amending the Official Parish Zoning Map to reclassify 3.812 acres located east of LA Highway 21, south of Brady Island Lane from A-1 (Suburban District) to NC-l (Professional Office District). (Ward 1, District 1). (ZC13-08-065) (ZC Approved 8/6/13) (Binder/Brister)

10. Ord. Cal. No. 5066 - Ordinance amending the Official Parish Zoning Map to reclassify 1 acre located west of Josephine Street, south of LA Highway 36, being 72100 Josephine Street, Covington from A-2 (Suburban District) to I-1 (Industrial District). (Ward 3, District 2) (ZC13-08-066) (ZC Approved 8/6/13) (Binder/Brister)

11. Ord. Cal. No. 5067 - Ordinance to authorize the Parish President to acquire certain parcels of immovable property approved by the Hazard Mitigation Grant Program. (Ward 3, District 4) (ZC Approved 8/6/13) (Binder/Brister)

12. Ord. Cal. No. 5068 - Ordinance to amend Ordinance Council Series Nos. 00-0174, 05-1049 and 05-1199 for the purpose of amending various sections of the Personnel Policies pertaining to benefits, annual leave and sick leave. (Binder/Brister)

13. Ord. Cal. No. 5069 - Ordinance to authorize the Parish President to acquire temporary construction servitudes for the Carriage Lane Estates Drainage Project. (Ward 4, District 5) (Binder/Brister)

14. Ord. Cal. No. 5070 - Ordinance to declare multiple tax adjudicated properties as surplus property and authorize the Parish to proceed with the process for the advertising and sale of such adjudicated properties to the highest bidder at public auction. (Binder/Brister)

15. Ord. Cal. No. 5071 - Ordinance to Amend the 2013 Operating Budget - Amendment No. 7. (Binder/Brister)

16. Ord. Cal. No. 5072 - Ordinance to revoke a portion of St. Benedict Street Right-of-way, located in St. Benedict Subdivision, Covington. (Ward 3, District 2) (REV13-08-002) (Binder/Brister)

17. Ord. Cal. No. 5073 - Ordinance accepting finalized subdivisions into the Road and Drainage Inventories, specifically Montgomery Terrace Subdivision, Phase 2. (Ward 1, District 1) (Binder/Brister)

18. Ord. Cal. No. 5074 - Ordinance to correct the Road and Drainage Inventory to include Archie Singletary Road Lateral; 2 Lynn Drive Laterals; Herman Singletary Road Lateral; Rheusaw Parker Road Lateral; Gretchen Lane Lateral; Sycamore Place Lateral; Kissena Park Court Lateral; and an extension to Carnation Street. (Wards 3, 4, 6 and 10) (Districts 3, 6, 7 and 11) (Binder/Brister)

19. Ord. Cal. No. 5075 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of permits for construction or placement of building structures on property within certain portions of Highland Park Subdivision. (District 12) (Binder)

20. Ord. Cal. No. 5076 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of permits for construction or placement of building structures on any properties within unincorporated St. Tammany Parish within five hundred (500) feet of the centerline on either side of Hwy 1088 from Soult Street to I-12. (Ward 4, Districts 5 and 7) (Gould/Groby)

21. Ord. Cal. No. 5077 - Ordinance to authorize the Parish President to accept the act of dedication and donation of Howze Beach Lane and to incorporate Howze Beach Lane into the Parish maintenance system. (Ward 9, District 13) (Artigue)

RESOLUTIONS

1. Resolution C.S. No. C-3796 - Resolution to approve the holding of an election in St. Tammany Parish Drainage District No. 4 on Saturday, November 16, 2013 to authorize the renewal of a maintenance and operation tax therein. (Binder/Brister)

2. Resolution C.S. No. C-3797 - Resolution to approve the holding of an election in St. Tammany Parish Recreation District No. 14 on Saturday, November 16, 2013, to authorize the incurring of debt and issuance of bonds therein. (Binder/Brister)

3. Resolution C.S. No. C-3798 - Resolution to amend Ordinance C.S. No. 12-2862 the 2013-2017 Capital Improvement Budget and Program, Fixed Asset and Grant Awards to make changes to the Capital Improvements List - Other. (Binder/Brister)

4. Resolution C.S. No. C-3799 - Resolution to approve and authorize St. Tammany Parish Government through the Office of the Parish President to sign and/or execute a Water/Wastewater Utility Service Agreement between the Parish of St. Tammany and MMABE, LLC for the purpose of providing water and sewerage services to the area located on the Southeast intersection of Highway1077 and Highway 1085. (Ward 1, District 3) (Binder/Brister)

5. Resolution C.S. No. C-3800 - Resolution to approve and authorize the Parish President to sign and/or execute a Cooperative Endeavor Agreement between the Parish and the United States Naval Research Laboratory for the purpose of developing a water level forecast model for the lower Pearl River Basin. (Ward 8, Districts 6, 9, 13 and 14) (Binder/Brister)

6. Resolution C.S. No. C-3801 - Resolution to approve and authorize the Parish President to sign and/or execute an Administration Agreement between the Parish and STARC of Louisiana, Inc. regarding the parties’ obligations as to the expenditure of the Parish's Mental Disabilities Tax. (Binder/Brister)

7. Resolution C.S. No. C-3802 - Resolution to approve and authorize the Parish President to sign and/or execute an Administration Agreement between the Parish and St. Tammany Council on Aging, Inc. regarding the parties’ obligations as to the expenditure of the Council on Aging Tax. (Binder/Brister)

8. Resolution C.S. No. C-3803 - Resolution to approve and authorize the Parish President to sign and/or execute an Administration Agreement between the Parish and the Library regarding the parties’ obligations as to the expenditure of the Parish Library Tax. (Binder/Brister)

9. Resolution C.S. No. C-3804 - Resolution to approve and authorize the Parish President to sign and/or execute a Utility Service Agreement between the Parish and Diversified Foods and Seasonings, Inc. (and/or their affiliates) for the purpose of providing improved sewerage treatment services to the Diversified Foods sewer treatment plant. (Ward 1, District 3) (Binder/Brister)

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10. Resolution C.S. No. C-3805 - Resolution to amend Ordinance C.S. No. 12-2862 the 2013 - 2017 Capital Improvement Budget and Program, Fixed Asset, and Grant Awards to make changes to the Capital Improvements List -Parishwide (Fund 300). (Binder/Brister)

11. Resolution C.S. No. C-3806 - Resolution to amend Ordinance C.S. No. 12-2862 the 2013 - 2017 Capital Improvement Budget and Program, Fixed Asset, and Grant Awards to make changes to the Capital Improvements List - Capital Assets. (Binder/Brister)

12. Resolution C.S. No. C-3807 - Resolution to amend Ordinance C.S. No. 12-2862 the 2013 - 2017 Capital Improvement Budget and Program, Fixed Asset, and Grant Awards. (Binder/Brister)

13. Resolution C.S. No. C-3808 - Resolution to amend Ordinance C.S. No. 12-2862 the 2013 - 2017 Capital Improvement Budget and Program, Fixed Asset, and Grant Awards to make changes to the Capital Improvements List - Capital - Other (Fund 440-11). (Binder/Brister)

14. Resolution C.S. No. C-3809 - Resolution to amend Ordinance C.S. No. 12-2862 the 2013 - 2017 Capital Improvement Budget and Program, Fixed Asset, and Grant Awards to make changes to the Capital Improvements List - District 7 (Fund 307). (Binder/Brister)

15. Resolution C.S. No. C-3810 - Resolution to amend Ordinance C.S. No. 12-2862 the 2013 - 2017 Capital Improvement Budget and Program, Fixed Asset, and Grant Awards to make changes to the Capital Improvements List - Capital Assets - Facility. (Binder/Brister)

16. Resolution C.S. No. C-3811 - Resolution to amend Ordinance C.S. No. 12-2862 the 2013 - 2017 Capital Improvement Budget and Program, Fixed Asset, and Grant Awards to make changes to the Capital Improvements List - District 2 (Fund 302). (Binder/Brister)

17. Resolution C.S. No. C-3812 - Resolution to amend Ordinance C.S. No. 12-2862 the 2013 - 2017 Capital Improvement Budget and Program, Fixed Asset, and Grant Awards to make changes to the Capital Improvements List - District 13 (Fund 313). (Binder/Brister)

18. Resolution C.S. No. C-3813 - Resolution naming Laporte, APAC as the Audit Firm for the Fiscal Year 2013. (Binder/Brister)

19. Resolution C.S. No. C-3814 - Resolution to concur/ not concur with Slidell annexation and rezoning of 13.783 acres located along Frontage Road at Northshore Blvd., East of Bayou Liberty from Parish HC-4 (Highway Commercial), A-1 (Single Residential District) to Slidell C-4 (Highway Commercial District). (Ward 9, District 11) (Binder/Brister)

20. Resolution C.S. No. C-3815 - Resolution to concur/ not concur with Slidell annexation and rezoning of 0.6402 acres from Parish HC-2 (Highway Commercial District) to Slidell C-4 (Highway Commercial District) located at 2100 Gause Blvd E, Pearl Acres Subdivision. (Ward 8, District 8) (Binder/Brister)

21. Resolution C.S. No. C-3816 - Resolution to certify that St. Tammany Parish shall comply with all requirements of the State of Louisiana Off-System Bridge Replacement Program. (Binder/Brister)

22. Resolution C.S. No. C-3817 - Resolution to establish load limits on bridges within the Off-System Bridge Replacement Program for St. Tammany Parish, as indicated on the attached Exhibit A; further directing the Department of Engineering to record same within the records of the Clerk of Court. (Binder/Brister)

END OF CONSENT CALENDAR
APPEALS

1. Jeff Schoen representing Joy D. Hobart, owner, appealing the Zoning Commission DENIAL on August 6, 2013 to rezone 1.84 acres located west of LA Highway 1083, north of Military Road from HC-2 (Highway Commercial District) to I-1 (Industrial District). (Ward 10, District 6) (ZC13-08-061)
NOTE: To concur with Zoning DENIAL, a simple majority vote is required and adoption of a resolution.
   
NOTE: To override Zoning DENIAL, a majority vote of the entire Council is required and introduction of an ordinance.


ORDINANCES FOR ADOPTION
(Public Hearing)

  1. Ord. Cal. No. 5008 - Ordinance amending the Official Parish Zoning Map to reclassify 5.0192 acres located south of Browns Village Road, west of US Highway 11, being 38008 Browns Village Road from HC-3 (Highway Commercial District) to I-1 (Industrial District). (Ward 8, District 14) (ZC13-05-029) (ZC approved 5/7/13) (Introduced 6/6/13) (Postponed 7/11/13 and 8/1/13)

2. Ord. Cal. No. 5016 - Ordinance amending the Official Parish Zoning map to reclassify 1.153 acres in Hickory Hills Subdivision located in Section 32, Township 8 South, Range 15 East from A-2 (Suburban District) to A-2 (Suburban District) and MHO (Manufacturing Housing Overlay). (Ward 8, District 9) (ZC13-06-041) (Postponed 6/6/13) (Introduced 7/11/13) (Postponed 8/1/13)

3. Ord. Cal. No. 5023 - Ordinance to revoke a portion of Bryan Drive Right-of-way, located in Slidell Ozone Heights Subdivision. (Ward 9, District 14) (Rev13-05-001) (Introduced 6/6/13) (Postponed 7/11/13 and 8/1/13)

4. Ord. Cal. No. 5046 - Ordinance amending the Official Parish Zoning Map to reclassify 2 acres located west of LA Highway 1077, north of Bennett Bridge Road, south of Willie Road, being 11225 Highway 1077, Folsom from A-1 (Suburban District) to A-1 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 2, District 3) (ZC13-07-046) (Introduced 8/1/13)

5. Ord. Cal. No. 5047 - Ordinance amending the Official Parish Zoning Map to reclassify 1.644 acres located south of Christwood Blvd, east of LA Highway 21 from NC-4 (Neighborhood Institutional District) to ED-2 (Higher Education District). (Ward 1, District 1) (ZC13-07-048) (Introduced 8/1/13)

6. Ord. Cal. No. 5048 - Ordinance amending the Official Parish Zoning Map to reclassify 1 acre located south Earl Abram Road, east of US Highway 11 from A-4 (Single-Family Residential District) to A-4 (Single-Family Residential District) and MHO (Manufactured Housing Overlay). (Ward 8, District 14) (ZC13-07-049) (Introduced 8/1/13)

7. Ord. Cal. No. 5049 - Ordinance amending the Official Parish Zoning Map to reclassify 27.91 acres located at the end of Johnny Lane, north of J.F. Smith Avenue from I-1 (Industrial District) and I-2 (Industrial District) to NC-6 (Public, Cultural, Recreational District) (4.61 acres), I-1 (Industrial District) ( 4.13 acres) and I-2 (Industrial District) (19.17 acres). (Ward 9, District 14). (ZC13-07-050) (Introduced 8/1/13)

8. Ord. Cal. No. 5050 - Ordinance amending the Official Parish Zoning Map to reclassify 1.397 acres located south of Ronald Reagan Highway, west of Philip Drive from I-1 (Industrial District) to HC-2 (Highway Commercial District). (Ward 3, District 3) (ZC13-07-051) (Introduced 8/1/13)

9. Ord. Cal. No. 5051 - Ordinance amending the Official Parish Zoning Map to reclassify 2.5565 acres located east of Pace Street, south of US Highway 190 Business from A-3 (Suburban District) to A-3 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 8, District 14) (ZC13-07-052) (Introduced 8/1/13)

10. Ord. Cal. No. 5052 - Ordinance to correct the Road and Drainage Inventory to include Greenhouse Road Lateral; Salt Lick Lane Lateral; 16TH Section Road Lateral; W-15 L-1 Canal a/k/a Civic Club Lane Lateral; and to remove a portion of Josephine Street. (Wards 3, 6, and 8) (Districts 2, 6, 8 and 11) (Introduced 8/1/13)

11. Ord. Cal. No. 5053 - Ordinance to rename Post Oak Drive (R09C020) as Pin Oak Drive (R09C021). (Ward 9, District 11) (Introduced 8/1/13)

12. Ord. Cal. No. 5054 - Ordinance to authorize the Parish President to acquire by Act of Donation certain Rights-of-Way and/or Servitudes located along Oalmann Road East and further for the Parish to incorporate the donated property into the Parish Maintenance System. (Introduced 8/1/13)

13. Ord. Cal. No. 5055 - Ordinance to amend the 2013 Operating Budget-Amend. No. 6. (Introduced 8/1/13)

14. Ord. Cal. No. 5056 - Ordinance to extend for an additional six (6) months the moratorium on the receipt of submissions by the Parish Zoning and Planning Commissions, for rezoning or resubdivision of property, not previously applied for, located north of Interstate 12 and abutting or having access to Airport Road, within the unincorporated boundaries of Ward 9, District 11. (Ward 9, District 11) (Introduced 8/1/13)

APPOINTMENTS

1. Resolution to reappoint Tom Davis to Ward 4 of St. Tammany Parish Hospital District No. 1 (St. Tammany Parish Hospital). (Term expires: September 16, 2013) (Districts 4, 5, 6, 7, 10) (Falconer)

2. Resolution to appoint Steve Cohan to replace Andy Bumpas (resigned) to St. Tammany Parish Sub-Drainage District No. 2 (Meadowbrook) of Gravity Drainage District No. 5. (Gould)

3. Resolution to appoint James Farley to replace Pete Persson to St. Tammany Parish Sub-Drainage District No. 3 (Northpark) of Gravity Drainage District No. 5. (Gould)

DISCUSSIONS AND OTHER MATTERS

1. Motion to refer to Zoning Commission for recommendation on the proposed re-zoning of four (4) acres located in Section 50, Township 5 South, Range 12 East from A-2 (Suburban District) to A-2 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 2, District 6) (Tanner)