PUBLISHED January 5, 2012 AND POSTED AT PARISH COMPLEX BY January 9, 2012
AGENDA
ST. TAMMANY PARISH COUNCIL MEETING
2012-01-12 AT 6:00PM
ST. TAMMANY GOVERNMENT COMPLEX
21490 KOOP DRIVE, MANDEVILLE, LA.

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

ELECTION OF OFFICERS

1. Resolution C.S. No. C-3295 - Resolution to appoint a Chairman of the Parish Council for the calendar year 2012. (All Members)

2. Resolution C.S. No. C-3296 - Resolution to appoint a Vice-Chairman of the Parish Council for the calendar year 2012. (All Members)

SPECIAL ITEMS

COUNCIL STAFF APPOINTMENTS

1. Resolution C.S. No. C-3297 - Resolution reaffirming the appointment of Michael A. Sevante as Parish Council Administrator for the 2012-2015 Council term of office. (Gould)

2. Resolution C.S. No. C-3298 - Resolution reaffirming the appointment of Theresa L. Ford as Parish Clerk of Council for the 2012-2015 term of office. (Gould)

PRESENTATIONS

1. Presentation to Jim Vallee recognizing C&C Drugs a Business of the Month. (Gould)

2. Presentation by Dr. Brent Robbins, Deputy Director of the La. Department of Agriculture and Forestry, on the upcoming St. Tammany Parish Junior Livestock Show and Sale on January 27, 2012 at the Parish Fairgrounds. (Sharp)

CONSENT CALENDAR
(PAGES 2 THROUGH 4)

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

MINUTES

Regular Council Meeting - December 1, 2011

Special Council Meeting - December 8, 2011

Council Committee Meeting - January 4, 2012

ORDINANCES FOR INTRODUCTION
(Public Hearing February 2, 2012 )

1. Ord. Cal. No. 4645 - Ordinance to amend St. Tammany Parish Code of Ordinances, Section 2-050.01, Selection of Persons for Professional Services, to provide with respect to preference for in-parish providers of professional services. (Billiot) (Tabled 9/1/11, 10/6/11, 11/3/11 & 12/1/11)

2. Ord. Cal. No. 4688 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning), Section 8.02 Land Clearing Permit. (ZC11-09-079) (Zoning Commission Approved 11/1/11) (Gould/Davis) (Tabled 12/1/11)

3. Ord. Cal. No. 4702 - Ordinance amending the official Parish Zoning Map to reclassify 36,740 square feet located north of Washington Street, west of Fish Hatchery Road, Lacombe Park Subdivision from A-3 (Suburban District) to A-3 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 7, District 7) (ZC11-11-093) (Zoning Commission Approved 12/6/11) (Gould/Brister)

4. Ord. Cal. No. 4703 - Ordinance amending the official Parish Zoning Map to reclassify 1.933 acres located south of LA Highway 22, east of Moores Road, north of West Causeway Approach from NC-5 (Retail and Service District) to HC-2 (Highway Commercial District). (Ward 4, District 4) (ZC11-12-096) (Zoning Commission Approved 12/6/11) (Gould/Brister)

5. Ord. Cal. No. 4704 - Ordinance amending the official Parish Zoning Map to reclassify 1.26 acres located west of Cameo Drive, south of Jewel Drive, Lake Vista Estates from A-2 (Suburban District) to A-2 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 3, District 3) (ZC11-12-097) (Zoning Commission Approved 12/6/11) (Gould/Brister)

6. Ord. Cal. No. 4705 - Ordinance amending the official Parish Zoning Map to reclassify 1.04 acres located east of Son Moore Road, west of LA Highway 41, Pearl River from A-4-A (Single-Family Residential District) to A-4-A (Single- Family Residential District) & MHO (Manufactured Housing Overlay). (Ward 8, District 14) (ZC11-12-098) (Zoning Commission Approved 12/6/11) (Gould/Brister)

7. Ord. Cal. No. 4706 - Ordinance amending the official Parish Zoning Map to reclassify 13,800 square feet located east of Belair Drive, south of US Highway 190 East, Belair Subdivision from A-4 (Single-Family Residential District) to HC-2 (Highway Commercial District). (Ward 8, District 14) (ZC11-12-100) (Zoning Commission Approved 12/6/11) (Gould/Brister)

8. Ord. Cal. No. 4707 - Ordinance amending the official Parish Zoning Map to reclassify 3.872 acres located north of Williams Road, west of LA Highway 450 from A-1 (Suburban District) to A-2 (Suburban District). (Ward 2, District 3) (ZC11-12-102) (Zoning Commission Approved 12/6/11) (Gould/Brister)

9. Ord. Cal. No. 4708 - Ordinance amending the official Parish Zoning Map to reclassify 4.72 acres located east of LA Highway 450, north of Ed Williams Road East from A-1 (Suburban District) to A-2 (Suburban District). (Ward 2, District 3) (ZC11-12-103) (Zoning Commission Approved 12/6/11) (Gould/Brister)

10. Ord. Cal. No. 4709 - Ordinance amending the official Parish Zoning Map to reclassify 13,500 square feet located north of Oak Drive, east of Maple Drive, River Gardens Subdivision from A-4 (Single Family Residential District) to A-4 (Single Family Residential District) and MHO (Manufactured Housing Overlay). (Ward 8, District 9) (ZC11-12-105) (Zoning Commission Approved 12/6/11) (Gould/Brister)

11. Ord. Cal. No. 4710 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume 1 (Zoning), Section 7.02, Sign Regulations, relative to residential subdivision and center median entrance signs to add Community Bulletin Board Signs. (Bellisario)

12. Ord. Cal. No. 4711 - Ordinance to extend for an additional six (6) months the moratorium on the submission and review of Zoning applications, Planning Commission review, and on the issuance of building permit applications, for the purpose of construction or placement of multi-family structures on property within unincorporated areas of Council District 12. (Binder)

13. Ord. Cal. No. 4712 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of building permits for construction or placement of building structures on property within a portion of unincorporated Town of Alton Subdivision. (Ward 9, District 14). (Smith)

14. Ord. Cal. No. 4713 - 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 on property within Dove Park Subdivision. (Ward 4, District 5). (Gould)

15. Ord. Cal. No. 4714 - Ordinance to amend Parish Code of Ordinances, Article XI, Section 16-160.00 et seq. setting forth Rules and Regulations for the St. Tammany Parish Fishing Pier. (Gould/Brister)

16. Ord. Cal. No. 4715 - Ordinance to amend Ordinance Council Series No. 83-639 (adopted 7/12/1983), Ordinance Council Series No. 96-2513 (adopted 10/17/1996) and Ordinance Council Series No. 97-2575 (adopted 1/16/1997) for amending the boundaries of St. Tammany Parish Lighting District No. 7. (Gould/Brister)

17. Ord. Cal. No. 4716 - Ordinance to authorize the Parish President to acquire from Louisiana Land Trust and/or Road Home Corporation certain parcels, rights of way and/or servitudes. (Gould/Brister)

RESOLUTIONS

1. Resolution C.S. No. C-3190 - Resolution to concur/not concur with the City of Slidell annexation and rezoning of 2.3299 acres from Parish HC-2 (Highway Commercial District) to City of Slidell C-4 (Highway Commercial District) with municipal address of 58445 Pearl Acres Road, Slidell. (No. SL2011-05) (Ward 8, District 13) (Gould/Davis) (Tabled 9/1/11, 10/6/11 & 11/3/11)

2. Resolution C.S. No. C-3283 - Resolution to appoint _________________as the auditing firm for the fiscal year 2011. (Tabled 12/1/11) (Gould/Davis)

3. Resolution C.S. No. C-3299 - Resolution establishing Performance and Warranty Obligations. (Gould/Brister)

4. Resolution C.S. No. C-3300 - Resolution to concur/not concur with the City of Slidell annexation and rezoning of 2.11 acres located on Lots 1 and 2, Square 25, Pearl Acres Subdivision and and an approximate 30 foot X 500 foot wide parcel servitude adjacent to City of Slidell property with a municipal address of 58516 Pearl Acres Road from Parish HC-2 (Highway Commercial District) to City of Slidell C-4 (Highway Commercial District). (Ward 8, District 13) (SL2011-07) (Gould/Brister)

5. Resolution C.S. No. C-3301 - Resolution to concur/not concur with the Town of Abita Springs annexation and rezoning of 1.38 acres located on Lots 1 through 10 and Lots 19 through 28 of Abita Springs Terrace, Ponchitolawa Subdivision from Parish HC-2(Highway Commercial District) to Town of Abita Springs C2 (Commercial {with limits} District). (Ward 4, District 5) (AB2012-01) (Gould/Brister)

6. Resolution C.S. No. C-3302 - Resolution stating the St. Tammany Parish Council's endorsement of NVision Solutions, Inc., for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#20111003) (Gould/Brister)

7. Resolution C.S. No. C-3303 - Resolution stating the St. Tammany Parish Council's endorsement of Trinity Marine Products, Inc., for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#20111014) (Gould/Brister)

8. Resolution C.S. No. C-3304 - Resolution to amend Ordinance C.S. No. 10-2406, 2011-2015 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Gould/Brister)

9. Resolution C.S. No. C-3305 - Resolution to amend Ordinance C.S. No. 10-2406, 2011-2015 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Gould/Brister)

10. Resolution C.S. No. C-3306 - Resolution to amend Ordinance C.S. No. 11-2638, 2012 - 2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to the District 9 Capital Improvements List. (Gould/Brister)

11. Resolution C.S. No. C-3307 - Resolution authorizing the Parish President to sign any and all documents related to the cooperative endeavor agreement with the Louisiana Division of Administration, Office of Community Development - Disaster Recovery Unit ("OCD-DRU") to secure Community Development Block Grant ("CDBG") Disaster Recovery Funds; to administer the program on behalf of the St. Tammany Parish Government (“STPG”); and, to authorize the Parish President to sign any and all documents required in the submission of the application(s) and or amendments thereto; and subsequent administration of the program. (Gould/Brister)

12. Resolution C.S. No. C-3308 - Resolution authorizing Special Counsel to review the St. Tammany Parish Code of Ordinances for the purpose of recommending Comprehensive Amendments thereto; and to represent the Parish in matters involving Intergovernmental Agreements. (Gould/Brister)

13. Resolution C.S. No. C-3309 - Resolution reordering and calling special elections to be held in (i) Parish Lighting District No. 1, (ii) Parish Lighting District No. 4 and (iii) Parish Lighting District No. 7 to authorize the renewal of special taxes therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith. (Gould/Brister)

END OF CONSENT CALENDAR
APPEALS

1.

St. Tammany Parish Recreation District #1appealing the exemption decision of the Parish Road and Drainage Impact Fees Administrator. (Tabled 11/3/11 & 12/1/11)

NOTE:

To concur with the Administrator decision, a simple majority vote is required and adoption of a resolution.
   
NOTE: To override Administrator decision, a majority vote of the entire Council is required and adoption of a resolution.

2.

Charles Walker appealing the Zoning Commission APPROVAL on November 1, 2011 to rezone 1.5 acres located on the northeast corner of Commercial Drive and Brown’s Village Road from I-1 (Industrial District) to I-3 (Heavy Industrial District). (Ward 8, District 14) (ZC11-10-082) (Applicant: Parish Council by Motion 9/6/11) (Tabled 12/1/11)

NOTE:

To concur with Zoning APPROVAL, a simple majority vote is required and introduction of an ordinance.
   
NOTE: To override Zoning APPROVAL, a majority vote of the entire Council is required and adoption of a resolution.

3.

Lovelle Blitch on behalf of Marigny Trace Subdivision appealing the Zoning Commission APPROVAL on December 6, 2011 to rezone 17,551 square feet located east of Labarre Street, north of Foy Street from A-4 (Single Family Residential District) to A-4-A (Single Family Residential District). (Ward 4, District 10) (ZC11-12-099) (Petitioner: Joetta K. Goss)

NOTE:

To concur with Zoning APPROVAL, a simple majority vote is required and introduction of an ordinance.
   
NOTE: To override Zoning APPROVAL, a majority vote of the entire Council is required and adoption of a resolution.

4.

Kenney J. Clark appealing the Zoning Commission DENIAL on December 6, 2011 to rezone 34,813 square feet located west of Military Road, east of Walnut Street, north of Brownswitch Road from NC-4 (Neighborhood Institutional District) and A-3 (Suburban District) to HC-2 (Highway CommercialDistrict). (Ward 8, District 9) (ZC11-12-104)

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.

5.

Lee Domangue, Otis Favre, Jr., Andrew Hover, et al, appealing the Planning Commission APPROVAL on December 13, 2011 to resubdivide 7.52 acres located on the northwest of Bayou Liberty Road, west of Slidell creating a five (5) lot minor subdivision. (Petitioner: Picayune Properties, Inc.) (Ward 9, District 11) (MS11-11-042)

NOTE:

To concur with Planning APPROVAL, a simple majority vote is required and adoption of a resolution.
   
NOTE: To override Planning APPROVAL, a majority vote of the entire Council is required and introduction of a resolution.

ORDINANCES FOR ADOPTION
(Public Hearing)

1. Ord. Cal. No. 4591AA - Ordinance amending the Official Parish Zoning Map to reclassify 2 acres located north of Brewster Road, west of Powerline Road, being parcels A & B from A-2 (Suburban District) to A-5 (Two Family Residential District). (Ward 1, District 1) (ZC11-05-038) (Council overrode Zoning Commission denial - Introduced 6/2/11) (Tabled 7/7/11, 8/4/11, 9/1/11 & 10/6/11) (Amended and reintroduced 11/3/11) (Tabled 12/1/11)

2. Ord. Cal. No. 4637AA - Ordinance to amend the Parish Unified Development Code, Volume I (Zoning), Section 8.01, Minimum Standards for Specific Uses, relative to Cemeteries and Mausoleums. (Gould) (Tabled 9/1/11 & 10/6/11) (Amended and introduced 11/3/11) (Amended, reintroduced and referred to Zoning Commission 12/1/11)

3. Ord. Cal. No. 4689 - Ordinance amending the official Parish Zoning Map to reclassify 1.30 acres located at the southeast corner of LA Highway 1083 & Sanders Road from A-1-A (Suburban District) to PF-1 (Public Facilities District). (Ward 10, District 6) (ZC11-11-087 ) (Zoning Commission approved 11/1/11) (Introduced 12/1/11)

4. Ord. Cal. No. 4690 - Ordinance amending the official Parish Zoning Map to reclassify 0.88 acre located on the northeast corner of LA Highway 59 & John T. Prats Road from A-1-A (Suburban District) to PF-1 (Public Facilities District). (Ward 10, District 6) (ZC11-11-088) (Zoning Commission approved 11/1/11) (Introduced 12/1/11)

5. Ord. Cal. No. 4691 - Ordinance amending the official Parish Zoning Map to reclassify 0.34 acre located west of US Highway 11, south of Lone Oak Drive, being 63353 Highway 11, St. Joe, from A-4-A (Single Family Residential District) to MD-1 (Medical Residential District). (Ward 8, District 14) (ZC11-11-089) (Zoning Commission approved 11/1/11) (Introduced 12/1/11)

6. Ord. Cal. No. 4692 - Ordinance amending the official Parish Zoning Map to reclassify 5.218 acres located east of Jim Loyd Road, south of LA Highway 40 from A-1 (Suburban District) to A-1 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 2, District 3) (ZC11-11-090) (Zoning Commission approved 11/1/11) (Introduced 12/1/11)

7. Ord. Cal. No. 4693 - Ordinance amending the official Parish Zoning Map to reclassify 1.5 acres located west side of Hickory Drive, east of Pinewood Drive, Hickory Heights, from A-2 (Suburban District) to A-2 (Suburban District) & MHO (Manufactured Housing Overlay). (Ward 6, District 6) (ZC11-11-091) (Zoning Commission approved 11/1/11) (Introduced 12/1/11)

8. Ord. Cal. No. 4694 - Ordinance amending the official Parish Zoning Map to reclassify 1 acre located at the northwest corner of Bryan Drive & Troy Drive from A-2 (Suburban District) to A-2 (Suburban District) & MHO (Manufactured Housing Overlay). (Ward 8, District 9) (ZC11-11-094) (Zoning Commission approved 11/1/11) (Introduced 12/1/11)

9. Ord. Cal. No. 4695 - Ordinance amending the official Parish Zoning Map to reclassify 22,957 square feet located south of Oceola Street, east of Apache Street, west of Patrick Street from A-4 (Single-Family Residential District) to PF-1 (Public Facilities District).  (Ward 9, District 14) (ZC11-11-095) (Zoning Commission Approved 11/1/11) (Introduced 12/1/11)

10. Ord. Cal. No. 4696AA - Ordinance accepting finalized subdivisions into the Road & Drainage Inventories, specifically Abita Lakes, Phase 3-B-1; Northpointe Business Park, Phase 3; and entering the Rights-of-way of Mulberry Avenue in Lewisburg Subdivision. (Wards 1, 4 & 10) (Districts 1, 2, 4 & 7) (Introduced 12/1/11)

11. Ord. Cal. No. 4697 - Ordinance establishing a No Parking Zone on portions of Queen Ann Drive and Raleigh Drive in Huntwyck Village Subdivision. (Ward 9, District 11) (Introduced 12/1/11)

12. Ord. Cal. No. 4698 AA - Ordinance revoking the dedication of the right-of-way known as Red Rooster Road, situated between Lots 6 and 7 of Dawes Subdivision. (Ward 8, District 9) (Introduced 12/1/11)

13. Ord. Cal. No. 4699 - Ordinance to extend for an additional six (6) months the moratorium on the approval of rezoning and issuance of plan review permits, not previously received, for property abutting the Louisiana Highway 21 Planned Corridor from Keys Road North to Lalane Drive. (Ward 1, District 1) (Introduced 12/1/11)

14. Ord. Cal. No. 4700 - Ordinance to amend Parish Code of Ordinances, Chapter 7 Drainage and Flood Control, Article 1, Section 7-002.00, Use of Fill Materials Prohibited, to provide with respect to building site requirements for the Dove Park Subdivision area of special concern. (Introduced 12/1/11)

15. Ord. Cal. No. 4701 - Ordinance revoking the dedication of a portion of the right-of-way known as Major Lane, Sec. 10, T6S, R10E. (Ward 3, District 3) (Introduced and referred to the Planning Commission 12/1/11)

NOMINATIONS

1. Resolution to appoint four (4) members to the Board of Commissioners of St. Tammany Recreation District No. 16. (Burkhalter) (Tabled 8/4/11, 9/1/11, 10/6/11, 11/3/11) (Two members appointed 12/1/11)

2. Resolution to appoint one member to replace Peter Link (Term Expired) on the Finance Authority of St. Tammany Parish. (Stefancik) (Tabled 9/1/11, 10/6/11, 11/3/11 & 12/1/11)

3. Resolution to appoint one member to replace Dr. Kumar Amaraneni to the St. Tammany Hospital Services District No. 2 (Slidell Memorial Hospital) Permanent Nominating Committee. (Districts 6, 7, 8, 9, 11, 12, 13, 14) (Bellisario) (Tabled 10/6/11, 11/3/11 & 12/1/11)

4. Resolution to appoint/reappoint nine (9) members to the Parish Planning and Zoning Commissions. (All terms expired 12/31/11) (Gould)

DISCUSSIONS AND OTHER MATTERS

1. Motion to reconsider Ordinance Council Series No. 11-2646 - Ordinance to authorize the Parish President to purchase or otherwise acquire certain parcels, rights-of-way and/or servitudes located in Little Creek Center Subdivision. (Adopted 12/1/11) (Gould)

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EXECUTIVE SESSION

1. Lawsuit entitled: Stephanie C. Gilchrist v. The Parish of St. Tammany, et al. 22nd JDC, Case No. 2011-14542 "J".