PUBLISHED
MAY 28, 2009 AND POSTED AT PARISH COMPLEX BY JUNE 1, 2009
AGENDA
THURSDAY, JUNE 4,
2009 AT 6:00 P.M.
Call to Order by Honorable Jerry Binder, Chairman
Invocation by
Pledge of Allegiance by
Roll
Call: Marty Dean
Gary
Cooper
James
A. “Red” Thompson
R.
Reid Falconer
Marty
Gould
Rebecca
Crawford-Howell
Jerry
Binder
Al
Hamauei
Chris
Canulette
E.
L. Gene Bellisario
Henry
Billiot
Steve
Stefancik
Richard
Artigue
Ken
Burkhalter
PRESENTATIONS
1) Recognition of the
2) Certificate of Recognition to Charlie
Chapple upon his retirement from the Times Picayune. (Gould)
3) Recognize Dawsey’s Hardware of the
4) A
presentation by Parish President Kevin Davis of a proclamation forming the
Complete Count Committee. (Binder/ Davis)
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 May
7, 2009
Council Committee
Meeting May 27, 2009
ORDINANCES FOR
INTRODUCTION
(Public Hearing
July 2, 2009)
1) Ord. Cal. No. 4073 -
Ordinance amending the official zoning map of St. Tammany Parish to reclassify
land located north LA Highway 36, west of St. Landry Street, being Lot 6, Block
9, Garland's Covington & Claiborne Addition containing 35,800 sq.ft. from
SA (Suburban Agricultural) to a C-2 (Highway Commercial). (ZC09-05-008) (Ward
3, District 3) (Zoning Commission approved 5/5/09) (Binder/Davis)
2) Ord. Cal. No. 4074 -
Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning) Section 5.25 I–2 Industrial
District relative to
3) Ord. Cal. No. 4075-
Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning) Sections 5.24 I-1 Industrial &
5.25 I–2 Industrial Districts relative to Recreational Facilities.
(ZC09-05-011) (Zoning Commission approved on 5/5/09) (Binder/Davis)
4) Ord. Cal. No. 4076 -
Ordinance amending the official zoning map of Comprehensive Rezoning Area One
(CRA-1) of
5) Ord. Cal. No. 4077 - Ordinance
to extend for an additional six (6) months the moratorium on the placement of
fill and on the issuance of building permits for construction or placement of
building structures on property within Dove Park Subdivision. (Ward 4, District
5) (Gould)
6) Ord. Cal. No. 4078 -
Ordinance to extend for an additional six (6) months the moratorium on the
receipt of submissions and the approval of applications by the Parish Planning
Commission and the Parish Planning Department for the resubdivision of property
within Lewisburg Estates Subdivision and a portion of Old Golden Shores
Subdivision, and only within the unincorporated boundaries of Ward 4, District
4. (Ward 4, District 4) (Falconer)
7) Ord. Cal. No. 4079 - Ordinance to extend for an additional six (6) months the moratorium on the approval of rezoning, issuance of conditional use permits and issuance of plan review permits, not previously received, for property abutting the Louisiana Highway 21 Planned Corridor from Keys Road North to Azalea Drive. (Ward 1, District 1) (Dean)
8) Ord. Cal. No. 4080 -
Ordinance to extend for an additional six (6) months the moratorium on the
issuance of permits for construction or placement of building structures on
certain right-of-way parcels needed for listed capital projects. (Binder/Davis)
9) Ord. Cal. No. 4081 -
Ordinance to declare Slip 89 of Marina Chamale’ Condominiums, as surplus
property and authorize the Parish to proceed with the process for the sale,
lease, or disposal of said property. (Binder/Davis)
10) Ord. Cal. No. 4082 -
Ordinance to declare Lot 51, Square 233-A, rural Mandeville, as surplus
property and authorize the Parish to proceed with the process for the sale,
lease, or disposal of said property. (Binder/Davis)
11) Ord. Cal. No. 4083 -
Ordinance to adopt a voluntary developmental agreement between the Parish and
John Mamoulides, the developer of
12) Ord. Cal. No. 4084 -
Ordinance to revoke a portion of
13) Ord. Cal. No. 4085 -
Ordinance to correct the Road and Drainage Inventory to include
14) Ord. Cal. No. 4086 -
Ordinance accepting finalized subdivisions into the Road and Drainage
Inventories, specifically Raiford Oaks, Phase 1 Subdivision. (Ward 1, District 1)
15) Ord. Cal. No. 4087 -
Ordinance to amend the Unified Development Code, Volume 1 - Zoning, by adopting
the recommendation of the Parish Zoning Commission, as amended, relative to the
Comprehensive Zoning of the Southeast Study Area. (Approved by Zoning
Commission on May 19, 2009) (Binder/Davis)
16) Ord. Cal. No. 4088 -
Ordinance to amend the Parish Code, Chapter 15, Article II, Watercraft Speed
Limits, to establish a "Dead Slow, No Wake" Zone for a portion of the
RESOLUTIONS
17) Resolution C.S. No. C - 2639
- Resolution approving the holding of an election in
18) Resolution C.S. No. C-2640 -
Resolution authorizing the Parish President to sign and/or execute an
Intergovernmental Agreement with the City of
19) Resolution C.S. No. C-2641 -
Resolution Establishing Warranty Obligations. (Binder/Davis)
(1.) PERFORMANCE
NAME OF
SUBDIVISION
RECOMMENDATION
The
Fountains S/D PERFORMANCE
OBLIGATION
Amount:
$35,000 EXTEND
FOR SIX (6) MONTHS
Expires:
July 9, 2009
Ward:4, District: 5
(2.) WARRANTY
NAME OF
SUBDIVISION
RECOMMENDATION
Amount: $33,900
Expires: July 18, 2009
Ward:1, District: 1
Amount: $34,500
Expires: July 18, 2009
Ward:1, District: 1
Ashton
Parc S/D, Filing 1, Part 1 RELEASE
L.O.C.
Amount:
$74,200 THIS
IS A PRIVATE S/D & THE
Expires:
June 26, 2009 PARISH
IS NOT RESPONSIBLE
Ward:8, District: 9 FOR
ANY MAINTENANCE
Amount: $29,100
Expires: July 26, 2009
Ward:8, District: 9
20) Resolution C.S. No. C-2642 -
Resolution to rescind Resolution
Police Jury Series No. 96-7604, adopted May 16, 1996; to provide for the
re-opening of
21) Resolution C.S. No. C-2643 -
Resolution to amend Ordinance C.S. No. 08-1968 - 2009-2013 Capital
Improvement Budget and Program, Fixed Asset and Grant Awards.
(Binder/Davis)
22) Resolution C.S. No. C-2644 -
Resolution to amend Ordinance C.S. No. 08-1968 - 2009-2013 Capital Improvement
Budget and Program, Fixed Asset and Grant Awards. (Binder/Davis)
23) Resolution C.S. No. C-2645 -
Resolution requesting the Louisiana Public Service Commission to provide notice
to the Parish governing authority of the filing of an application and public
hearing of any proposed rate schedule by a public utility which could result in
a change in rates to customers in St. Tammany Parish. (Bellisario)
24) Resolution C.S. No. C-2646 -
Resolution requesting St. Tammany Parish Hospital Service District No. 2 to
provide notice to the Parish governing authority of its regular monthly
meetings, required quarterly financial overview and current financial status
meetings, and required meeting to present the audited and certified financial
statement for the previous fiscal year. (Bellisario)
END OF CONSENT
CALENDAR
APPEALS
1) Applicant Sheldon Fleming appealing the Zoning Commission
DENIAL on April 7, 2009 to rezone 5 acres north of US Highway 190, west of
Pleasant Drive. (Ward 9, District 11) (ZC09-04-007) (Tabled 5/7/09)
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.
2) Applicant Leroy Cooper for George and Deborah Hallal
appealing the Zoning Commission DENIAL on May 5, 2009 to rezone 2.484 acres
north of Hoffman Road, east of Alexander Street and west of State Street.
(Ward 4, District 7) (ZC09-05-012)
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.
3) Applicant Rachel Miller appealing the Zoning Commission
DENIAL on May 5, 2009 of a conditional use permit to use a 1280 square foot
mobile home as a second home located south of Dean Road, east of Robert Road.
(Ward 8, District 9) (CP09-05-045)
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
adoption of a resolution.
4) Applicant Brenda G. Holden appealing the Zoning Commission
DENIAL on May 5, 2009 of a conditional use permit for a 1792 square foot church
located east of 7th Street and east of US Highway 11, being 706 7th
Street, Pearl River. (Ward 8, District 9) (CP09-05-048)
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
adoption of a resolution.
ORDINANCES FOR
ADOPTION
1) Ord. Cal. No. 4010 -
Ordinance to amend the Unified Development Code sections governing TND-1 and
TND-2 Traditional Neighborhood Development Zoning Districts. (Introduced
2/5/09)(Referred to Zoning 3/5/09) (Tabled 4/2/09 & 5/7/09)
2) Ord. Cal. No. 4019 -
Ordinance to amend the
3) Ord. Cal. No. 4028 -
Ordinance to authorize the Parish President, to enter into a lease agreement
with Florida Parishes Human Services Authority’s Developmental Disabilities
Services for space in the St. Tammany Parish State Building (aka-DHH Building).
(Tabled 3/5/09, 4/2/09) (Introduced
5/7/09)
4) Ord. Cal. No. 4029AA - Ordinance to amend the Unified Development Code, Volume 1 - Zoning, by adopting the recommendation of the Parish Zoning Commission, as amended, relative to the Comprehensive Rezoning of the South West Study Area. (Introduced 3/5/09) (Reintroduced 4/2/09 & 5/7/09)
5) Ord. Cal. No. 4053 -
Ordinance accepting Act of Dedication and Donation of a twenty-five foot right
of way and servitude for future improvements, expansion and/or widening of
6) Ord. Cal. No. 4054 -
Ordinance establishing a “No Parking” Zone on portions of
7) Ord. Cal. No. 4055 -
Ordinance establishing a “No Parking” Zone on portions of
8) Ord. Cal. No. 4056 -
Ordinance amending the official zoning map of St. Tammany to reclassify land
located southeast Tantella Ranch Road and North of Highway 1077, containing
80.83 acres, from SA (Suburban Agricultural) to Planned Unit Development (PUD).
(Ward 1, District 1) (ZC05-03-013) (Introduced
5/7/09)
9) Ord. Cal. No. 4057 - Ordinance to amend Appendix B of
the Parish Code of Ordinances, Subdivision Regulatory Ordinance No. 499,
specifically, Section 40-045.0 Minor Subdivision Review, Number 1.,
Subpart (f), Number 2., Subpart (b.) 1.,2.,4. and 5., Number 4 Exemption,
and Subsection 40-045.01 Minimum Construction Standards for a Private Drive,
creating Subpart (e.), for the purposes of clarification of said sections.
(Introduced 5/7/09)
10) Ord. Cal. No. 4058 - Ordinance to amend Appendix B of the Parish Code of Ordinances, Subdivision
Regulatory Ordinance No. 499, specifically amending Section 40-090.0 Schedule
of Fees, Subtitle "Resubdivisons", and creating subtitle "Minor
Subdivisions" within same said section. (Introduced 5/7/09)
11) Ord. Cal. No. 4059 - Ordinance to amend Ordinance C.S.
No- 04-0908, adopted June 3, 2004 which established and validated rates and fees
for sewerage and water services provided by systems owned and operated by the
Parish to amend Cross Gates Utility. (Introduced 5/7/09)
12) Ord. Cal. No. 4060 -
Ordinance to authorize the Parish President to purchase, expropriate or acquire
certain parcels and/or rights-of-way for the Harrison Avenue Extension Phase 1
Project. (Introduced 5/7/09)
13) Ord. Cal. No. 4061 -
Ordinance to authorize the Parish President to purchase, expropriate or acquire
immovable property, structures and/or rights-of-way for the Fishing Pier
Project. (Introduced 5/7/09)
14) Ord. Cal. No. 4062 -
Ordinance to authorize the Parish President to purchase, expropriate or acquire
certain parcels and/or rights-of-way from Cross Gates Utilities, Inc.
(Introduced 5/7/09)
15) Ord. Cal. No. 4063 -
Ordinance to exempt certain properties listed on the National Park Service
Registry of Historical Places from the Parish No Net Fill Ordinance
requirements. (Introduced 5/7/09)
16) Ord. Cal. No. 4064 -
Ordinance to correct the Road and Drainage Inventory to include Brownswitch
Road; Jefferson Avenue; and Morgan Road Lateral Ditch. (Wards 1, 3 & 8, Districts 1, 5, & 9)
(Introduced 5/7/09)
17) Ord. Cal. No. 4065 -
Ordinance accepting finalized subdivisions into the Road and Drainage
Inventories, specifically Willow Bend, Phase 1; Eagle Landing; Abney Farms;
Grand Oaks, Phase 1; Northshore Commercial Park; Johnny Smith Memorial Business
Park; and Tallow Creek, Phase 1E. (Wards 1, 4, 8 & 9, Districts 1, 7, 9
& 14) (Introduced 5/7/09)
18) Ord. Cal. No. 4066 -
Ordinance to amend Parish Code, Chapter 13, Division 1 to add a new Section
13-009.00 prohibiting the use of auxiliary or compression engine breaks,
commonly referred to as “Jake Brakes” within certain areas of unincorporated St.
Tammany Parish. (Introduced 5/7/09)
19) Ord. Cal.
No. 4068 - Ordinance to impose a six (6) month day moratorium on placement
of fill and issuance of permits for construction, renovation, improvement or
placement of buildings on property
within the boundaries of the subdivision known as Serenity Oaks. (Ward 9,
District 14) (Introduced 5/7/09)
20) Ord. Cal.
No. 4069 - Ordinance to authorize the Parish President to purchase,
expropriate or otherwise acquire all certain parcels and/or rights of way for
the Schneider Canal Levee Project. (Introduced 5/7/09)
21) Ord. Cal.
No. 4070 - Ordinance amending Parish Code of Ordinances, Article II,
Watercraft Speed Limits, Section 15-006.00A, to provide for the exclusion of
certain private canals or waterways of Lakeshore Estates from the “Dead Slow,
No Wake” Zones. (Ward 9, District 13) (Artigue)
22) Ord. Cal.
No. 4071 - Ordinance to amend and reenact Chapter 12, Article V Charitable
Raffles, Bingo, Keno and Pull-tab Games, Division 1, General, Section 12-025.10
of the Parish Code of Ordinances, to prohibit any person, association,
organization, or corporation to hold, operate or conduct the specific game of
chance identified as electronic video bingo in the unincorporated areas of St.
Tammany Parish. (Introduced 5/7/09)
23) Ordinance
Cal. No. 4072 - Ordinance to amend and reenact Article V of Chapter 12 of
the St. Tammany Parish Code of Ordinances regulating charitable raffles, bingo,
keno and pull-tab games. (Introduced 5/7/09)
AWARD OF BIDS
BID ITEM BID
NUMBER
FUND
Parish Official
Journal 502-03-09-17-2
July 1, 2009 -
June 30, 2010
APPOINTMENTS
1) Resolution to re-appoint Danny
Schaus and
2) Resolution to re-appoint Dr.
Kumar Amaraneni to St. Tammany Hospital
Services District No. 2 Permanent Nominating Committee (
3) Resolution to appoint Thomas J.
Miller to replace R.A. Legendre (resigned) to
4) Resolution to reappoint Melanie
Watkins, Ysonde Bolande, Kathy Haywood, Tom Jarlock, Julie S. Eudy, Beth Heinz
and Leo Casnave to the 22nd Judicial District Children and Youth Planning
Board. (Binder)
EXECUTIVE
SESSION
Lawsuit entitled: Aymond Development, L.L.C. v.