PUBLISHED August 25, 2016 AND POSTED AT PARISH COMPLEX BY August 29, 2016
AGENDA
ST. TAMMANY PARISH COUNCIL MEETING
2016-09-01 AT 6:00PM
ST. TAMMANY GOVERNMENT COMPLEX
21490 KOOP DRIVE, MANDEVILLE, LA.

Call to Order by Honorable Marty Dean, Chairman
Invocation by
Pledge of Allegiance by
Roll Call:
Dennis Sharp
James A. (Red) Thompson
Michael R. Lorino, Jr.
Rykert O. Toledano, Jr.
Richard E. Tanner
Jacob (Jake) Groby
Marty Dean
Chris Canulette
E. L. Gene Bellisario
Maureen "MO" O'Brien
Steve Stefancik
Jerry Binder
S. Michele Blanchard
Thomas (T.J.) Smith, Jr.

SPECIAL ITEMS

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 4:30 p.m. September 26, 2016. 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. Presentation of Proclamation to St. Tammany Parish Government Employee of the Month. (Brister)

2. Proclamation of Mental Health Awareness Week. (Brister)

3. Proclamation of National Suicide Prevention Week. (Bellisario/O’Brien)

4.Certificate of Recognition to Chuck Palmisano for his of service to Mosquito Abatement District. (Stefancik)

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CONSENT CALENDAR
(PAGES 2 THROUGH 6)

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 4, 2016

Council Committee Meeting August 25, 2016

ORDINANCES FOR INTRODUCTION
(Public Hearing October 6, 2016 )

1. Ord. Cal. No. 5658 - Ordinance to impose a six (6) month moratorium on the submission and approval of any applications to enter a Parish right of way to extend, open and/or construct any unopened portion of such right of way for the purpose of gaining access to any undeveloped lot in a dormant subdivision or subdivision of record. (Tanner/Sharp)

2. Ord. Cal. No. 5659 - Ordinance levying an additional sales tax of three-quarters of one percent (0.75%) in the Highway 59 Economic Development District; designating the full amount of such additional sales tax as the sales tax increments in the district from which the local and state sales tax increments will be determined and used to finance economic development projects in St. Tammany Parish in accordance with and as authorized by Part II, Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended; establishing and creating an economic development trust fund for the district; designating the initial annual baseline collection rate and establishing a monthly baseline collection rate for the district; pledging and dedicating such tax increments to reimburse economic development costs and providing for other matters in connection with the foregoing. (Dean/Brister)

3. Ord. Cal. No. 5660 - Ordinance extending the levy and collection of the existing three-quarters of one percent (0.75%) sales and use tax being levied by the Highway 21 Economic Development District into the expanded area of said district and amending the authorized purposes of the said sales tax, in accordance with and as authorized by Part II of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950, as amended; and providing for other matters in connection with the foregoing. (Dean/Brister)

4. Ord. Cal. No. 5661 - Ordinance levying an additional sales tax of three-quarters of one percent (0.75%) in the Highway 1088 Economic Development District; designating the full amount of such additional sales tax as the sales tax increments in the district from which the local and state sales tax increments will be determined and used to finance economic development projects in St. Tammany Parish in accordance with and as authorized by Part II, Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended; establishing and creating an economic development trust fund for the district; designating the initial annual baseline collection rate and establishing a monthly baseline collection rate for the District; pledging and dedicating such tax increments to reimburse economic development costs and providing for other matters in connection with the foregoing. (Dean/Brister)

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5. Ord. Cal. No. 5662 - Ordinance levying an additional sales tax of three-quarters of one percent (0.75%) in the Highway 434 Economic Development District; designating the full amount of such additional sales tax as the sales tax increments in the district from which the local and state sales tax increments will be determined and used to finance economic development projects in St. Tammany Parish in accordance with and as authorized by Part II, Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended; establishing and creating an economic development trust fund for the district; designating the initial annual baseline collection rate and establishing a monthly baseline collection rate for the district; pledging and dedicating such tax increments to reimburse economic development costs and providing for other matters in connection with the foregoing. (Dean/Brister)

6. Ord. Cal. No. 5663 - Ordinance expanding the boundaries of the Colonial Pinnacle Nord du Lac Economic Development District, State of Louisiana, and renaming said District as the Highway 21 Economic Development District, in Accordance with and as authorized by Part II of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950, as amended; and providing for other matters in connection with the foregoing. (Dean/Brister)

7. Ord. Cal. No. 5664 - Ordinance levying an additional sales tax of three-quarters of one percent (0.75%) in the Airport Road Economic Development District; designating the full amount of such additional sales tax as the sales tax increments in the District from which the local and state sales tax increments will be determined and used to finance economic development projects in St. Tammany Parish in accordance with and as authorized by Part II, Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended; establishing and creating an economic development trust fund for the district; designating the initial annual baseline collection rate and establishing a monthly baseline collection rate for the district; pledging and dedicating such tax increments to reimburse economic development costs and providing for other matters in connection with the foregoing. (Dean/Brister)

8. Ord. Cal. No. 5665 - Ordinance levying an additional sales tax of three-quarters of one percent (0.75%) in the Highway 1077 Economic Development District designating the full amount of such additional sales tax as the sales tax increments in the District from which the local and state sales tax increments will be determined and used to finance economic development projects in St. Tammany Parish in accordance with and as authorized by Part II, Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended; establishing and creating an economic development trust fund for the district; designating the initial annual baseline collection rate and establishing a monthly baseline collection rate for the district; pledging and dedicating such tax increments to reimburse economic development costs and providing for other matters in connection with the foregoing. (Dean/Brister)

9. Ord. Cal. No. 5666 - Ordinance to amend the 2016 Operating Budget - Amendment No. 10. (Dean/Brister)

10. Ord. Cal. No. 5667 - Ordinance to authorize the Parish of St. Tammany, through the Office of the Parish President, to grant a non-exclusive utility servitude to Atmos Energy Corporation on Parish Property along Highway 434. (Ward 7, District 11) (Dean/Brister)

11. Ord. Cal. No. 5668 - Ordinance to correct the Road & Drainage Inventory to remove Dimiceli Road and a portion of Pellegrin Drive Lateral; and to rename Padoc Ranch Road as Exnicios. (Wards 2, 3 & 8) (Districts 2, 3 & 14) (Dean/Brister)

12. Ord. Cal. No. 5669 - Ordinance amending the Official Parish Zoning Map to reclassify 1 acre located north of Highway 90, west of Honey Island Marina Road from A-1 (Suburban District) to HC-2 (Highway Commercial District). (Ward 8,District 13) (2016-316-ZC) (Dean/Brister)

13. Ord. Cal. No. 5670 - Ordinance amending the Official Parish Zoning Map to reclassify 5 acres located east of Highway 450, south of Bickman Road, north of Highway 25, being 86004 Highway 450, Franklinton from A-1 (Suburban District) to A-2 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 2, District 3) (2016-324-ZC) (Dean/Brister)

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14. Ord. Cal. No. 5671 - 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. (Dean/Brister)

15. Ord. Cal. No. 5672 - Ordinance to accept one or more acts of dedication and donation of property for the future improvement and construction of Francis Road Extension, and providing for other matters in connection therewith. (Ward 1, District 1) (Dean/Brister)

16. Ord. Cal. No. 5673 - Ordinance authorizing St. Tammany Parish Government, through the office of the Parish President, to purchase, expropriate or otherwise acquire a certain parcel of land, right(s) of way and/or servitudes located in Howze Beach Camp Sites Subdivision for the St. Tammany Parish Fishing Pier. (Ward 9, District 13) (Blanchard)

17. Ord. Cal. No. 5674 - Ordinance to declare Lot 14, Square 7, Dittmar Subdivision (2805 Mary Street, Slidell) as surplus tax-adjudicated property and authorize the donation of said property to the City of Slidell. (Ward 8, District 12) (Dean/Brister)

18. Ord. Cal. No. 5675 - Ordinance to amend the Parish Code of Ordinances, Chapter 2, Article X Qualifications - Members of Boards, Panels, Commissions, to add a new section requiring acknowledgment of receipt of the Manual for St. Tammany Parish Boards and Commissions by respective members. (Dean/Brister)

RESOLUTIONS

1. Resolution C.S. No. C-4646 - Resolution approving the holding of an election in Recreation District No. 12 of the Parish of St. Tammany, State of Louisiana, on Saturday, December 10, 2016, to authorize the renewal of a special tax therein. (Thompson)

2. Resolution C.S. No. C-4647 - Resolution ordering and calling a special election to be held in the Parish of St. Tammany, State of Louisiana, to authorize the renewal of a special tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith. (Dean/Brister)

3. Resolution C.S. No. C-4648 - Resolution rescinding Resolution C.S. No. C-3411 and providing a method to appoint financial advisor. (Tanner)

4. Resolution C.S. No. C-4649 - Resolution supporting the enforcement of the prior judgment and existing permanent injunction regarding the prohibition of development in the Faciane Canal. (Ward 9 District 13) (Blanchard)

5. Resolution C.S. No. C-4650 - Resolution requesting the St. Tammany Parish Legislative delegation introduce State Legislation regarding the Lake Pontchartrain Causeway. (Dean/Brister)

6. Resolution C.S. No. C-4651 - Resolution to vacate, in part, the six (6) month moratorium established by Ordinance C.S. No. 14-3072, and any subsequent extension thereof on the opening of new streets in Angelic Estates, to remove and release Dione Court therefrom. (Ward 3, District 5). (Toledano)

7. Resolution C.S. No. C-4652 - Resolution authorizing the publication of a Notice of Intention to levy a three-quarters of one percent (0.75%) sales and use tax in certain existing economic development districts, in accordance with and as authorized by Part II, Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended; and providing for other matters in connection therewith. (Dean/Brister)

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8. Resolution C.S. No. C-4653 - Resolution authorizing the publication of a Notice of Intention to (I) expand the boundaries of the existing Colonial Pinnacle Nord Du Lac Economic Development District, (II) rename said district as the Hwy. 21 Economic Development District, (III) extend the levy and collection of the district's existing three-quarters of one percent (0.75%) sales and use tax into the expanded area of the district and (IV) amend the authorized purposes of the said sales tax, all in accordance with and as authorized by Part II, Chapter 27, Title 33 of the Louisiana Revised Statues of 1950, as amended; and providing for other matters in connection therewith. (Dean/Brister)

9. Resolution C.S. No. C-4654 - Resolution to amend Ordinance C.S. No. 16-3457 the 2016 Grant Budget. (Dean/Brister)

10. Resolution C.S. No. C-4655 - Resolution to amend Ordinance C.S. No. 15-3439 to make changes to the 2016 Capital Improvement Budget and Capital Assets. (Dean/Brister)

11. Resolution C.S. No. C-4656 - Resolution to establish Performance and Warranty Obligations. (Dean/Brister)

12. Resolution C.S. No. C-4657 - Resolution to acknowledge the authority pursuant to Home Rule Charter, Sections 1-04, 1-06, 3-01 and 3-09 for St. Tammany Parish Government, through the Office of the Parish President, to execute a Cooperative Endeavor Agreement with St. Tammany Parish Drainage District No. 5 for cross culvert repair and improvements. (Ward 9, District 12) (Dean/Brister)

13. Resolution C.S. No. C-4658 - Resolution to approve recommendation and authorize Parish Council Attorney to proceed with the settlement of a certain lawsuit. (Dean/Brister)

14. Resolution C.S. No. C-4659 - Resolution to acknowledge the authority pursuant to Home Rule Charter, Sections 1-04, 1-06, 3-01 and 3-09 for St. Tammany Parish Government, through the Office of the Parish President, to enter into a Software Usage Agreement with the United States Department of Homeland Security for use of the Mobile Image Analysis Tool Kit Development Kit. (Dean/Brister)

15. Resolution C.S. No. C-4660 - Resolution to acknowledge the authority, pursuant to Home Rule Charter Sections 1-04, 1-06, 3-01 and 3-09, for St. Tammany Parish Government, through the Office of the Parish President, to enter into a Cooperative Endeavor Agreement with Louisiana Sea Grant, the Louisiana State University Center for Coastal Resiliency and/or other necessary entities for the transfer, utilization, development and related maintenance of a water level forecast model for the lower Pearl River Basin (Ward 8, Districts 6, 9, 13, and 14). (Dean/Brister)

16. Resolution C.S. No. C-4661 - Resolution to approve and authorize the Parish President to enter into agreement with Louisiana Housing Corporation to provide energy efficient home repairs through the Weatherization Assistance Program for fiscal year 2016 with the Director of Health and Human Services and CAA Office Manager to authorize weekly reports for reimbursement. (Dean/Brister)

17. Resolution C.S. No. C-4662 - Resolution to vacate in part, the six (6) month moratorium established by Ordinance C.S. No. 16-3531, and any subsequent extension thereof, on the issuance of permits for the construction or placement of any building structures on property within an area in the vicinity of Oak Downs Subdivision, (Ward 8, District 9) (Dean/Brister)

18. Resolution C.S. No. C-4663 - Resolution to acknowledge the authority, pursuant to Home Rule Charter, Sections 1-04, 1-06, 3-01 and 3-09, for St. Tammany Parish Government, through the Office of the Parish President, to enter into Cooperative Endeavor Agreements with the St. Tammany Parish Sheriff's Office, Sales Tax District No. Three of the Parish of St. Tammany, the Town of Abita Springs, the City of Covington, the Village of Folsom, the City of Mandeville, the Town of Pearl River and the City of Slidell for the resolution of future misallocations of sales and use tax proceeds. (Dean/Brister)

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19. Resolution C.S. No. C-4664 - Resolution to concur/ not concur with the City of Covington annexation of a parish right of way, which measures 1.66 acres, more or less, and is owned by St Tammany Parish Government, the right of way is identified as Regina Coeli Road, a parcel of land located in Sections 20, 29, & 45, Township 6 South, Range 11 East. (Ward 3, District 3) (Dean/Brister)

20. Resolution C.S. No. C-4665 - Resolution to authorize the Office of the Parish President to obtain special counsel for complex litigation concerning coastal land loss claims, remediation, restoration and related matters. (Dean/Brister)

END OF CONSENT CALENDAR
APPEALS

1. G. Beauregard Gelpi, Stephen and Crissy Green, Juliet Holton, et al appealing the Zoning Commission APPROVAL on August 2, 2016 to rezone 1.98 acres located on the southwest corner of Highway 59 and Lonesome Road from NC-4 (Neighborhood Institutional District) to HC-2 (Highway Commercial District). (Ward 4, District 10) (2016-293-ZC) (Applicant: Jeffery Schoen on behalf of PTP Properties, LLC)
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.


2. Jay Lozes appealing the Zoning Commission APPROVAL on August 2, 2016 to rezone 1.199 acres located on Milne Circle, east of Alexander Drive and Highway 21 from MD-1 (Medical Residential District) to HC-2 (Highway Commercial District). (Ward 5, District 6) (2016-314-ZC) (Applicant: Frank Lamier)
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.


ORDINANCES FOR ADOPTION
(Public Hearing)

1. Ord. Cal. No. 5619 - Ordinance amending the St. Tammany Parish Code of Ordinances Chapter 7 (Drainage) to establish and require a Site Work Permit for paving, grading, excavation and placement of fill on non-residential properties in unincorporated St. Tammany Parish.  (Postponed 7/7/16)(Introduced 8/4/16)

2. Ord. Cal. No. 5620 - Ordinance amending the St. Tammany Parish Code of Ordinances Chapter 7, Section 7-042.00 to establish a program that addresses stormwater and non-stormwater discharges based on best practices and LDEQ regulations. (Postponed 7/7/16)(Introduced 8/4/16)

3. Ord. Cal. No. 5642 - Ordinance to extend for six (6) months the moratorium on the receipt of submissions by the Parish Zoning and Planning Commissions for the rezoning or re-subdivision of property and/or on the issuance of permits for construction or placement of any building structures on property south of Interstate 12, north of Highway 190, west of Highway 11, and east of the Precinct S19 boundary line within unincorporated boundaries of Ward 9 in District 14. (Introduced 8/4/16)

4. Ord. Cal. No. 5643 - Ordinance to authorize the Parish of St. Tammany, through the Office of the Parish President, to acquire temporary construction servitudes for the Holly Drive Bridge Replacement Project. (Ward 3, Districts 2, 3). (Introduced 8/4/16)

5. Ord. Cal. No. 5644 - Ordinance to amend Ordinance Sec. 2-092.00 of the St. Tammany Parish Code of Ordinances for the Reorganization of the Parish Legal Department. (Introduced 8/4/16)

6. Ord. Cal. No. 5645 - Ordinance amending Ordinance C.S. 07-1600 establishing a No Parking Zone on the west side of Allen Road. (Ward 8, District 14) (Introduced 8/4/16)

7. Ord. Cal. No. 5646 - Ordinance establishing a No Parking Zone on N. 13th Street. (Ward 8, District 14) (Introduced 8/4/16)

8. Ord. Cal. No. 5647 - Ordinance to amend the 2016 Operating Budget - Amendment No. 9. (Introduced 8/4/16)

9. Ord. Cal. No. 5648 - Ordinance to amend the St. Tammany Parish Code of Ordinances, Appendix B, Chapter 40 of Subdivision Regulatory Ordinance No. 499, specifically the Supplemental Section, under the Preliminary Approval Drainage Check Sheet. (PC approved 7/12/16)(Introduced 8/4/16)

10. Ord. Cal. No. 5649 - Ordinance accepting finalized subdivisions into the Road and Drainage Inventories, specifically Autumn Wind Subdivision, Phases 1A, 2 and 3. (Ward 4, District 7) (Introduced 8/4/16)

11. Ord. Cal. No. 5650 - Ordinance to correct the Road and Drainage Inventory to include a portion of Savannah Road; a portion of Schiro Road; a portion of Starling Drive; Fifth Avenue; Military Road Lateral; Theta Avenue Lateral; 7th Street; and a portion of 4th Street. (Wards 1, 3, 4, 8 and 10) (Districts 2, 3, 5, 6 and 9) (Introduced 8/4/16)

12. Ord. Cal. No. 5651 - Ordinance to amend the Code of Ordinances, St. Tammany Parish, Chapter 20, Section 20-005.00, Culverts to provide for the following revisions. (Introduced 8/4/16)

13. Ord. Cal. No. 5652 - Ordinance to declare a portion of Square 1, Dittmar Addition and Square 39, Robert Addition (2598 Carey Street, Slidell) as surplus tax-adjudicated property and authorize the donation of said property to the City of Slidell. (Ward 8) (Districts 12, 14) (Introduced 8/4/16)

14. Ord. Cal. No. 5653 - Ordinance authorizing the Parish of St. Tammany to accept the dedication of Marlin Drive, Bluegill Drive, Moray Drive, Herring Drive and Chinook Drive and the associated roadside drainage infrastructure, which are situated within Rigolets Estates Subdivision, Phase 1.(Ward 8) (District 13) (Introduced 8/4/16)

15. Ord. Cal. No. 5654 - Ordinance amending the official Parish Zoning Map to reclassify 1.565 acres located west of Marina Blvd, north of Mako Nako Drive, being Parcel K, Marina Beau Chene Subdivision from CB-1 (Community Based Facilities District) to A-2 (Suburban District).  (Ward 4, District 4) (2016-296-ZC) (Zoning Commission Approved 7/5/16) (Introduced 8/4/16)

16. Ord. Cal. No. 5655 - Ordinance amending the official Parish Zoning Map to reclassify 3 acres located north of Watercross Parkway, east of Ochsner Blvd Extension from A-7 (Multiple Family Residential District) to PBC-1 (Planned Business Center).  (Ward 1, District 1) (2016-292-ZC) (Zoning Commission Approved 7/5/16) (Introduced 8/4/16)

17. Ord. Cal. No. 5656 - Ordinance amending the official Parish Zoning Map to reclassify 20,000 square feet located on the northwest corner of Francis Street and Tee Street, being Lot 13, Square 14, Hillcrest Country Club Subdivision from A-3 (Suburban District) to A-3 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 6, District 6) (2016-289-ZC) (Zoning Commission Approved 7/5/16) (Introduced 8/4/16)

18. Ord. Cal. No. 5657 - Ordinance amending the official Parish Zoning Map to reclassify 11,400 square feet located on the north side of Northshore Drive, east of Pontchartrain Drive, being Lot 44, Eden Isles Subdivision, Unit NO. 2, 208 Lakeview Drive, Slidell from A-6 (Multiple Family Residential District) to A-4A (Single Family Residential District). (Ward 9, District 13) (2016-279-ZC) (Zoning Commission Approved 7/5/16) (Introduced 8/4/16)

APPOINTMENTS

1. Resolution to appoint/reappoint three (3) members to the St. Tammany Parish Hospital Service District No. 2 Permanent Nominating Committee (Slidell Memorial Hospital). (All Terms expired) (Edwin Cantin, Mary Ann Dutton, and Alicia Irmscher have requested reappointment). (Districts 6, 7, 8, 9, 11, 12, 13, and 14)

2. Resolution to appoint/reappoint four (4) members to St. Tammany Parish Drainage District No. 4. (all terms have expired) (Wayne Espat, Emile Henriquez, and Timothy Asher have all requested reappointment; Michael Arnolie has requested appointment)

3. Resolution to appoint one (1) member to the Tourist and Convention Commission to replace Valerie Waeltz (resigned).(Todd Whalley requested appointment)

4. Resolution to appoint one (1) member to the Finance Authority of St. Tammany Parish to replace Dave Anderson (resigned). (Mike Gambrell has requested appointment)

5. Resolution to appoint one (1) member to the Development District to replace Peter Egan (term expired). (Richard Dennie has requested appointment)

6. Resolution to appoint one (1) member to the Communication Action Agency Advisory Board to replace William Stadler (resigned). (John Raymond has requested appointment)