PUBLISHED OCTOBER 29, 2009 AND POSTED AT PARISH COMPLEX BY NOVEMBER 2, 2009

PUBLISHED OCTOBER 29, 2009 AND POSTED AT PARISH COMPLEX BY NOVEMBER 2, 2009

AGENDA

ST. TAMMANY PARISH COUNCIL MEETING

THURSDAY, NOVEMBER 5, 2009 AT 6:00 P.M.

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

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

PRESENTATION

1) Presentation of Certificate in Memoriam to the family of Mrs. Norma Lee Gleghorn Gavin. (Bellisario)

PUBLIC HEARING

2010 PARISH OPERATING/CAPITAL BUDGETS

1) Ord. Cal. No. 4163- Ordinance adopting the 2010 Parish Operating Budget.

(Introduced 10/1/09)

2) Ord. Cal. No. 4164- Ordinance to establish the 2010-2014 Capital Improvement Budget and Program, and further identify Fixed Asset and Grant Awards. (Introduced 10/1/09)

CONSENT CALENDAR

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 October 1, 2009

Council Committee Meeting October 28, 2009

ORDINANCES FOR INTRODUCTION

(Public Hearing December 3, 2009)

1) Ord. Cal. No. 4150 - Ordinance to rename Pugh Road as Joseph Pugh Road. (Ward 4, District 7) (Binder/Davis) (Tabled 10/1/09)

2) Ord. Cal. No. 4170 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning), Sections 5.01 E-1 Estate District, 5.02 E-2 Estate District, 5.03 E-3 Estate District, 5.04 E-4 Estate District, 5.05 A-1 Suburban District, 5.06 A-1-A Suburban District, 5.07 A-2 Suburban District, 5.08 A-3 Suburban District to add the use of day care home as an Administrative

Permit. (ZC09-09-029) (Zoning Commission Approved 10/6/2009) (Binder/Davis)

3) Ord. Cal. No. 4171 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning), Article 2 Definitions and Section 5.2102, Paragraph (2) Convenience Stores (w/gas), to provide a definition for convenience store and to provide requirements for convenience stores selling gas as an accessory use in the HC-2 Highway Commercial District. (Dean)

4) Ord. Cal. No. 4172 - Ordinance establishing a “No Parking Zone” on Pawns Lane. (8-I-66) (Ward 8, District 9) (Bellisario)

5) Ord. Cal. No. 4173 - Ordinance amending the official zoning map of the 2009 South West Comprehensive Rezoning Area (CRA-2) of St. Tammany Parish to reclassify Lots 1, 2, 3 and 4 of Section D, Square 20, Alexiusville Subdivision, from its present NC-1 (Professional Office) to NC-5 (Retail and Service). (Ward 3, District 5) (Gould)

6) Ord. Cal. No. 4174 - Ordinance amending the official zoning map of the 2009 South West Comprehensive Rezoning Area (CRA-2) of St. Tammany Parish to reclassify Lots 1, 2, 3 and 4 of Section A, and Lots 1, 2, 3 and 4 of Section B, now designated as Lot 1-A in Square 20, Alexiusville Subdivision, from its present NC-1 (Professional Office) to NC-5 (Retail and Service). (Ward 3, District 5) (Gould)

7) Ord. Cal. No. 4175 - Ordinance amending the official zoning map of the 2009 South West Comprehensive Rezoning Area (CRA-2) of St. Tammany Parish to reclassify Lots 1, 2, 3 and 4 of Section C, Square 20, Alexiusville Subdivision, from its present NC-1 (Professional Office) to NC-5 (Retail and Service).(Ward 3, District 5) (Gould)

8) Ord. Cal. No. 4176 - Ordinance amending the official zoning map of the 2009 South West Comprehensive Rezoning Area (CRA-2) of St. Tammany Parish to reclassify 1.145 acres located at 136 Fairview Drive from Single-family Residential (A-4) to Indoor Retail and Service (NC-2). (Ward 4, District 4) (Falconer)

9) Ord. Cal. No. 4177 - Ordinance amending the official zoning map of the 2009 South West Comprehensive Rezoning Area (CRA-2) of St. Tammany Parish to reclassify Parkview Plaza Phase 1 and 2 located in Section 54, Township 7 South, Range 11 East from Multiple-family Residential (A-6) to Highway Commercial (HC-2). (Ward 4, District 4) (Falconer).

10) Ord. Cal. No. 4178 - Ordinance amending Parish Unified Development Code, Volume I, Section 6.0202 - General Standards and Criteria of the Manufactured Housing Overlay Regulations. (Crawford-Howell)

11) Ord. Cal. No. 4179 - Ordinance amending the Parish Unified Development Code, Volume I, Sections governing TND-1 AND TND-2 (Traditional Neighborhood Development Zoning), specifically Sections 5.3503, 5.3503A, 5.3523 and 5.3523A. (Hamauei)

12) Ord. Cal. No. 4180- Ordinance amending Appendix C of the Parish Code of Ordinances, Land Use Regulations Ordinance No. 523 as amended, Section 4 - Off-Street Parking and Loading Regulations and Parish Unified Development Code, Volume I (Zoning), Section 7.07 Off-Street Parking and Loading Regulations.(ZC09-06-015) (Zoning Commission Approved 6/2/2009) (Binder/Davis)

13) Ord. Cal. No. 4181- Ordinance amending zoning in the 2009 South East Comprehensive Rezoning Area (CRA-3) to reclassify Lot 6, Square 14 in Pearl Acres Subdivision from its Present Suburban(A-3) to Professional Office (NC-1) (Ward 8, District 8) (Canulette)

14) Ord. Cal. No. 4182 - Ordinance amending zoning in the 2009 South East Comprehensive Rezoning Area Three (CRA-3) to reclassify Square 2: Lots 7-11, Square 3: Lots 1-12, Square 6: Lots 1, 2, and 9-13, and containing 24 acres in Pearl Acres Subdivision from Suburban District (A-3) to Animal Training / Housing ( AT-1). (Ward 8, District 8)(Canulette)

15) Ord. Cal. No. 4183 -Ordinance to extend for an additional six (6) months the moratorium on the placement of fill and on the issuance of permits for construction, renovation, improvement or placement of any building or structures on property within the boundaries of the Subdivision Known as Serenity Oaks. (Ward 9, District 14) (Burkhalter)

16) Ord. Cal. No. 4184 - Ordinance to amend and reenact Section 20-011.01 of the Parish Code of Ordinances to provide additional requirements for the opening and/or extension of Emerald Forest Boulevard. (Ward 3 District 5) (Gould)

17) Ord. Cal. No. 4185 - Ordinance to authorize the execution of an agreement pursuant to LA.R.S. 33:4791.1 between Parish Government and Acadian Ambulance Service, Inc. for the provision of emergency and non-emergency ambulance services within specific service areas of St. Tammany Parish. (Canulette)

18) Ord. Cal. No. 4186 - Ordinance to authorize Parish President to acquire certain movable and immovable assets from Southeastern Louisiana Water and Sewer Company, LLC. (SELA). (Binder/Davis)

19) Ord. Cal. No. 4187 - Ordinance to authorize the Parish President to employ certain individuals to operate the parish sewer and water services. (Binder/Davis)

20) Ord. Cal. No. 4188 - Ordinance to accept the highest bid and authorize sale of surplus property to Russell A. Traina, for Slip 89 of Marina Chamale’ Condominiums. (Binder/Davis)

21) Ord. Cal. No. 4189 - Ordinance to accept the highest bid and authorize sale of surplus property to Thomas Laizer, III for Lot 51, Square 233-A, Mandeville. (Binder/Davis)

22) Ord. Cal. No. 4190 - Ordinance to revoke a portion of Airport Road Right-of-Way located at the intersection of LA. Highway 25, Covington. (Ward 3, District 2) (Binder/Davis)

23) Ord. Cal. No. 4191 - Ordinance to correct the Road and Drainage Inventory to include Frank Blackwell Road Lateral; Doubloon Bayou Lateral; and Marigold Drive Lateral. (Wards 1, 6 & 8, Districts 1, 6 & 13) (Binder/Davis)

24) Ord. Cal. No. 4192 - Ordinance to rename Curley Road (R06H054) as Harry Kerlec Road. (Ward 6, District 6) (Binder/Davis)

25) Ord. Cal. No. 4193 -Amended and restated General Bond Ordinance authorizing the issuance from time to time of Parish Utilities Revenue Bonds; prescribing the form and certain terms and conditions of said bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith. (Binder/Davis)

26) Ord. Cal. No. 4194 - Amended and restated First Supplemental Bond Ordinance authorizing the issuance of not exceeding $1,000,000 of Parish Utilities Revenue Bonds, Series 2009A, in accordance with the terms of a General Bond Ordinance adopted on ___________, 2009; prescribing the form, and certain terms and conditions of said bonds; and providing for other matters in connection therewith. (Binder/Davis)

27) Ord. Cal. No. 4195 - Second Supplemental Bond Ordinance authorizing the issuance of ___________ of Parish Utilities Revenue Bonds, Series 2009B, in accordance with the terms of a General Bond Ordinance adopted on , 2009; prescribing the form, and certain terms and conditions of said bonds; and providing for other matters in connection therewith. (Binder/Davis)

28) Ord. Cal. No. 4196 - 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. (Binder/Davis)

29) Ord. Cal. No. 4197 - Ordinance amending zoning in the South Central Comprehensive Rezoning Area (CRA-1) to reclassify certain areas as Manufactured Housing Overlay (MHO). (Ward 8, District 14)

RESOLUTIONS

30) Resolution C.S. No. C-2727 - Resolution requesting the Parish Library Board of Control purchase property and construct new library facilities within the Town of Abita Springs as part of its Long Range Capital Program. (Hamauei)

31) Resolution C.S. No. C-2728 - Resolution giving preliminary approval to the issuance of not to exceed forty five million dollars ($45,000,000) of Parish Utilities Revenue Bonds; providing certain terms of said revenue bonds, making application to the State Bond Commission for the approval of said revenue bonds, and providing for other matters. (Binder/Davis)

32) Resolution C.S. No. C-2729 - Resolution stating Parish Council's Endorsement of Slidell Dental Associates, LLC, for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#2009-1024) (Binder/Davis)

33) Resolution C.S. No. C-2730 - Resolution to amend Ordinance C.S. No. 08-1968 - 2009-2013 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Binder/Davis)

34) Resolution C.S. No. C-2731 - Resolution supporting and authorizing the Parish Chief Administrative Officer to formally request that LA DOTD, Division of Aviation provide funds to complete the airport improvements at St. Tammany Regional Airport, as specifically described in the Capital Improvement Program Application for State Financial Assistance dated October 29, 2009. (Binder/Davis)

35) Resolution C.S. No. C-2732 - Resolution naming Laporte, Sehrt, Romig & Hand as the Parish audit firm for the fiscal year 2009 (Binder/Davis).

36) Resolution C.S. No. C-2733 - Resolution to concur/not concur with the City of Slidell annexation and rezoning of 10.5324 acres from Parish C-2 Highway Commercial to City of Slidell C-4 Highway Commercial located on Lots 14A and 15A Lake Gardens Subdivision. (SL2009-01) (Ward 9, District 13) (Binder/Davis)

37) Resolution C.S. No. C-2734 - Resolution to concur/not concur with the Town of Pearl River Annexation and rezoning of 1.94 acres from Parish A-2 (UDC) Suburban to Town of Pearl River R-1-A Single Family Restricted located in the North West Quarter of the South East Quadrant, of Section 11, Township 8 South, Range 14 East. (PR2009-02) (Ward 8, District 6) (Binder/Davis)

38) Resolution C.S. No. C-2735 - Resolution authorizing the Parish President to submit the Hurricanes Gustav and Ike Community Development Block Grant Application Proposal Form. (Binder/Davis)

39) Resolution C.S. No. C-2736 - Resolution naming Inside Northside an official bicentennial partner providing a publication for the 2010 Bicentennial Celebration of St. Tammany. (Binder/Davis)

40) Resolution C.S. No. C-2737 - Resolution establishing Warranty Items. (Binder/Davis)

PERFORMANCE

NAME OF SUBDIVISION RECOMMENDATION

River Highlands S/D, Phase 1 EXTEND FOR SIX (6) MONTHS OR

Amount: $21,300 UNTIL WORK IS SATISFACTORILY

Expires: June 8, 2009 ACCOMPLISHED

Ward: 3, District: 1

WARRANTY

NAME OF SUBDIVISION RECOMMENDATION

Country Lane Patio Homes S/D, Phase 1 EXTEND FOR ONE (1) YEAR OR UNTIL

Amount: $21,100 WORK IS SATISFACTORILY

Expires: December 27, 2009 ACCOMPLISHED

Ward: 8, District: 13

41) Resolution C.S. No. C-2738 - Resolution certifying that St. Tammany Parish shall comply with all requirements of the State of Louisiana Off-system Bridge Replacement Program. (Binder/Davis)

42) Resolution C.S. No. C-2739 - Resolution establishing load limits on bridges within the Off-system Bridge Replacement Program for St. Tammany Parish. (Binder/Davis)

END OF CONSENT CALENDAR

APPEALS

1) Applicant Jeffrey LaPorte appealing the Zoning Commission DENIAL on October 6, 2009 to rezone 28,800 sq. ft. north of 9th Avenue, east of Falconer Drive, West of K West Street. (Ward 3, District 5) (ZC09-10-031)

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 Rachel Miller appealing the Zoning Commission DENIAL on October 6, 2009 of a conditional use permit for a 1,748 square foot Commercial Dog Kennel north of Eagle Road, west of South Fitzmorris Road, address 102 Eagle Road, Covington. (Ward 3, District 2) (CP09-10-080)

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. 4111 - Ordinance amending the official zoning map of the St. Tammany 2009 South Central Comprehensive Rezoning Area One (CRA-1) to reclassify land located in Section 14, Township 7 South, Range 12 East containing 100 acres from A-4 (Single-family Residential) to TND-1 (Traditional Neighborhood Development). (Ward 6, District 7) (Hamauei) (ZC09-07-017) (Introduced 9/3/09) (Tabled 10/1/09) (Zoning Commission tabled indefinitely 10/6/09)

2) Ord. Cal. No. 4125 - Ordinance to concur/not concur with the de-annexation ordinance of the City of Slidell, describing the area to be annexed into unincorporated St. Tammany and the new boundaries thereof, and also classifying the annexed property as A-4 (Single Family Residential) (STP 2009-01) (Ward 8, District 9) (Introduced 8/6/09) (Tabled 9/3/09 & 10/1/09)

3) Ord. Cal. No. 4126 - Ordinance to concur/not concur with the de-annexation ordinance of the City of Slidell describing the area to be annexed into unincorporated St. Tammany and the new boundaries thereof, and also classifying the annexed property as A-4 (Single Family Residential). (STP 2009-02) (Ward 9, District 12) (Introduced 8/6/09)(Tabled 9/3/09 & 10/1/09)

4) Ord. Cal. No. 4133 - Ordinance to authorize the Parish President to purchase, expropriate or otherwise acquire all parcels and/or Rights-of-way on Pugh Road. (District 7) (Introduced 9/3/09) (Tabled 10/1/09)

5) Ord. Cal. No. 4134 - Ordinance authorizing the Parish to accept the dedication of the streets and roadways situated within the Highlands Subdivision and identified as Highlands Crest Drive, Tartan Trace, Piper Place, Heather Hollow, White Oak Court and Terrace Trace. (Ward 2, District 2) (Introduced 9/3/09) (Tabled 10/1/09)

6) Ord. Cal. No. 4145 - Ordinance to amend Parish Unified Development Code, Volume I (Zoning) Section 7.01 Landscape and Tree Preservation Regulations. (ZC09-08-021) (Zoning Commission approved 9/1/09) (Binder/Davis)

7) Ord. Cal. No. 4146 -Ordinance to amend the Parish Unified Development Code, Volume I (Zoning) to add a new zoning classification: Section 6.06 RO - Rural Overlay. (ZC09-08-025) (Zoning Commission approved 9/1/09) (Introduced 10/1/09)

8) Ord. Cal. No. 4147 - Ordinance amending the official zoning map of the 2009 South Central Comprehensive Rezoning Area 1 (CRA-1) of St. Tammany Parish to reclassify land located on the northeast corner of LA Highway 434 & Berry Todd Road, south of I-12 containing 10 acres from A-2 (Suburban) to a PF-1 (Public Facilities). (Ward 7, District 7) (ZC09-09-027) (Zoning Commission approved 9/1/09) (Introduced 10/1/09)

9) Ord. Cal. No. 4148 - Ordinance to amend the Parish Unified Development Code, Volume I (Zoning), Sections 5.20 HC-1 Highway Commercial District, 5.21 HC-2 Highway Commercial District, 5.22 HC-3 Highway Commercial District, 5.23 HC-4 Highway Commercial District, 5.23a HC-5 Highway Commercial District, 5.24 I-1 Industrial District, 5.25 I-2 Industrial District, 5.26 I-3 Heavy Industrial District, 5.26a I-4 Heavy Industrial District, 5.3 PF-1 Public Facilities, 5.30a PF-2 Public Facilities, 5.30b PF-3 Public Facilities to add the uses of snowball stands, Christmas tree sales, fireworks sales, seasonal seafood sales, seasonal produce sales as an administrative permit. (ZC09-09-028) (Zoning Commission approved 9/1/09) (Introduced 10/1/09)

10) Ord. Cal. No. 4149 - Ordinance to correct the Road and Drainage Inventory to delete Ted Willems Road. (Ward 10, District 2) (Introduced 10/1/09)

11) Ord. Cal. No. 4151 -Ordinance accepting finalized subdivisions into the Road and Drainage Inventories specifically Versailles, Phase 5b2; Guste Island Estates, Parcel C, Phase 1 "The Pines"; and Guste Island Estates, Parcel E, "The Forest" Subdivisions. (Ward 1, District 1) (Introduced 10/1/09)

12) Ord. Cal. No. 4152 - Ordinance to authorize the Parish Council to declare Lot 51, Square 233-a Rural Mandeville, as surplus property and authorize the sale of said lot. (Introduced 10/1/09)

13) Ord. Cal. No. 4153 - Ordinance to authorize the Parish Council to declare Slip 89 of Marina Chamale’ Condominiums, as surplus property and authorize the sale of said parcel. (Introduced 10/1/09)

14) Ord. Cal. No. 4154 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of building permits for the construction or placement of building structures within a portion of Cypress Park Subdivision and a portion of surrounding areas. (Ward 7, District 7) (Introduced 10/1/09)

15) Ord. Cal. No. 4155 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of permits for the construction or placement of building structures on certain properties within unincorporated St. Tammany Parish abutting, in whole or in part, a portion of East I-10 Service Road, Slidell. (Ward 8, District 8) (Introduced 10/1/09)

16) Ord. Cal. No. 4156 - Ordinance to extend for an additional six (6) months the moratorium on the receipt of submissions by the Parish Zoning and Planning Commissions for the rezoning or resubdivision of property west of Highway 11 and south of Interstate 12 within unincorporated boundaries of Ward 9 in District 14. (Ward 9, District 14) (Introduced 10/1/09)

17) Ord. Cal. No. 4157 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of permits for any construction activities on, or improvements to, undeveloped property within a portion of Pineview Heights Subdivision and certain surrounding areas. (Ward 4, District 5). (Introduced 10/1/09)

18) Ord. Cal. No. 4158 -Ordinance to extend for an additional six (6) months the moratorium on issuance of building, occupancy or occupational permits or licenses by any parish department or agency for any pain management center/clinic whose primary focus or concentration is the prescribing and/or dispensing of pain medication to individuals with complaints of chronic pain which is unaffiliated with any hospital, hospice and/or facility for the treatment of the terminally ill in unincorporated St. Tammany Parish. (Introduced 10/1/09)

19) Ord. Cal. No. 4159 - Ordinance to extend for an additional six (6) months the moratorium on the submission of applications to rezone property located within the triangular shaped area bounded on the south by Highway 190, on the east by Tchefuncte River, and on the west by the St. Tammany and Tangipahoa Parish line. (Ward 1, District 1) (Introduced 10/1/09)

20) Ord. Cal. No. 4160 - Ordinance to extend for an additional six (6) months the moratorium on the receipt of applications by the Parish Zoning Commission for mobile home conditional use permits and/or on the issuance of building permits for placement of mobile homes on property within the subdivision known as Hillcrest Country Club, Additions #1, 2, 3 and 4. (Ward 6,

District 6) (Introduced 10/1/09)

21) Ord. Cal. No. 4161 - Ordinance to consolidate St. Tammany Parish Fire Protection District No. 9 and St. Tammany Parish Fire Protection District No. 10. to reestablish Fire Protection District No. 9 after enlarging and fixing the boundaries of Fire Protection District No. 9 to include therein and therewith all of the territory situated within the existing boundaries of Fire Protection District No. 10, which includes the Village of Sun. (Ward 5, Districts 2 and 6) (Introduced 10/1/09)

22) Ord. Cal. No. 4162 - Ordinance revoking the unaccepted dedication of a strip of property for an unnamed street that has not been constructed and is not needed for public purposes. (Ward 1, District 1) (Introduced 10/1/09)

23) Ord. Cal. No. 4165 - Ordinance to amend the Parish Code of Ordinances, Chapter 4 Animals, Fowl and Reptiles, Article V Animal Control, Section 4-125.00 Public Nuisance, and Ordinance C.S. No. 09-2000, adopted February 5, 2009, to prohibit roadside and parking lot sales of animals throughout the unincorporated areas of St. Tammany Parish. (Ward 1, District 1) (Introduced 10/1/09)

24) Ord. Cal. No. 4166 - Ordinance amending the official zoning map of the 2009 South Central Comprehensive Rezoning Area One (CRA-1) of St. Tammany Parish to reclassify land north and south of East Main Street and Clesi Avenue, east of Transmitter Road from A-3 (Suburban) to A-3 and Mobile Home Overlay (MHO). (Ward 6, District 11) (Introduced 10/1/09)