Library Referendum Introduction 4-20-10 - Agenda

PUBLIC NOTICE - ST.
BERNARD PARISH COUNCIL MEETING -

AGENDA
Email: radams@sbpg.net (504) 278-4228 (504) 278-4209 (fax)
Posted 4/16/10
Tuesday, April 20, 2010 1:00 p.m. Council Chambers
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Sign Interpreter will be provided if requested 48 working hours in advance. Should an
interpreter be needed, it is advised that the interested person contact the Clerk of Council at
278-4228. All accessible formats are available upon request.
A. Meeting Called to Order and Roll Call

B. Remind Public that no food or drink is allowed in the Council Chambers
C. Remind Public of Cell Phone Ordinance SBPC #815-02-08
D. Invocation by Pastor Mark Lance of Chalmette Church of Christ.
E. Pledge of Allegiance by Councilman Henderson
F. Recognize Elected Officials
APPROVAL OF MINUTES
1. Motion to approve the minutes of the April 6, 2010 Council meeting as

published in the official journal, the St. Bernard Voice on Friday, April
16, 2010. (Council Chair)
RECOGNITION
2. Craig P. Taffaro, Jr., President's Report
3. Motion to recognize Matthew Faust for his Hurricane Katrina

documentary “Home”.
4. Motion to recognize Erin Kuel, Library Board Member.
5. Committee Reports
• Councilman at Large East, Wayne J. Landry, Chairman, Hospital
Service District.
RECOGNIZE THE PUBLIC
6. Recognize the Public

(Those wishing to speak must sign in prior to the start of the meeting.
Speakers will be given 2 minutes.)
PUBLIC HEARINGS
7. Summary No. 2640

PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING -
AGENDA
Posted 4/16/10
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AN ORDINANCE TO AMEND ORDINANCE SBPC #1177-12-09, TO

MODIFY THE PROCEDURES FOR PERMITTING AND OPERATING
FIREWORKS SALES WITHIN THE PARISH OF ST. BERNARD.
8. Summary No. 2645
AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO AMEND

ARTICLE IV SEC. 4- 05(b) OF THE ST. BERNARD PARISH HOME RULE
CHARTER TO CHANGE THE QUALIFICATIONS OF THE DIRECTOR OF
PUBLIC WORKS; MAKING APPLICATION TO THE STATE BOND
COMMISSION IN CONNECTION THEREWITH AND PROVIDING FOR OTHER
MATTERS IN CONNECTION THEREWITH.
9. Summary No. 2647
AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO HAVE THE

VOTERS VERIFY THAT IT IS PERMISSIBLE TO PURCHASE AND DISTRIBUTE
FIREWORKS IN ST. BERNARD PARISH AS PER ORDINANCE SBPC#
1177-12-09; MAKING APPLICATION TO THE STATE BOND COMMISSION IN
CONNECTION THEREWITH AND PROVIDING FOR OTHER MATTERS IN
CONNECTION THEREWITH.
10. Summary No. 2650

ARTICLE IV SEC. 4-07 OF THE ST. BERNARD PARISH HOME RULE
CHARTER TO CHANGE THE NAME OF THE DEPARTMENT HEAD TO READ
“FIRE CHIEF” AND ALSO CHANGE THE QUALIFICATIONS OF THE
DEPARTMENT HEAD TO COINCIDE WITH CURRENT STATE REQUIREMENTS;
MAKING APPLICATION TO THE STATE BOND COMMISSION IN
CONNECTION THEREWITH AND PROVIDING FOR OTHER MATTERS
IN CONNECTION THEREWITH.

ARTICLE IV SEC. 4-10(c) OF THE ST. BERNARD PARISH HOME
RULE CHARTER TO MODIFY THE PERSONNEL BOARD; MAKING
AGENDA
Posted 4/16/10
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APPLICATION TO THE STATE BOND COMMISSION IN CONNECTION

THEREWITH AND PROVIDING FOR OTHER MATTERS IN CONNECTION
THEREWITH.
AN ORDINANCE TO APPROVE DOCKET 1-10, A PETITION OF NICO,

INC., BEING REPRESENTED BY JEFFREY D. NICOSIA, FOR A ZONING
CHANGE FROM ‘R-1, (SINGLE FAMILY RESIDENTIAL) TO “C-1,
(NEIGHBORHOOD COMMERCIAL) FOR THE FOLLOWING DESCRIBED
PROPERTY: MUNICIPAL NO: 2004 FARMSITE ROAD. (District
E)
AN ORDINANCE TO APPROVE DOCKET 2-10, A PETITION OF ELLIOTT S.

WEIXEL AND RAYMOND J. DAUTERIVE, JR. FOR A ZONING CHANGE FROM
“I-2, (HEAVY INDUSTRIAL)” TO “I-2, (CONDITIONAL USE)” FOR
THE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE 7300 BLOCK WEST
ST. BERNARD HIGHWAY. (District A)
AN ORDINANCE TO APPROVE DOCKET 3-10, A PETITION OF ANN M.

WILTENMUTH, WIFE OF/AND EARL P. HEBERT, FOR A
ZONING CHANGE FROM “C-1, (NEIGHBORHOOD COMMERCIAL)” TO “C-
2, (GENERAL COMMERCIAL)” ‘FOR THE FOLLOWING DESCRIBED PROPERTY:
MUNICIPAL NO: 120 MORALES STREET AND 2620 BUFFON STREET.
(District B)
AN ORDINANCE TO RESCIND ORDINANCE SBPC# 780-09-07,

ADOPTED ON SEPTEMBER 18, 2007, AUTHORIZING THE
ADMINISTRATION TO BEGIN AN IMMEDIATE BID PROCESS ON ANY
RECOVERY PROJECT WITH OBLIGATED FEMA FUNDING.

AGENDA
Posted 4/16/10
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AN ORDINANCE TO DIRECT AND AUTHORIZE THE PARISH PRESIDENT

TO EXECUTE AN AMENDMENT TO THE SOLID WASTE COLLECTION TIME
CONTRACT BETWEEN ST. BERNARD PARISH GOVERNMENT
AND SDT WASTE & DEBRIS SERVICES, L.L.C. (SDT) AND TO PROVIDE FOR
CERTAIN ADMINISTRATIVE REQUIREMENTS THEREOF.
AN ORDINANCE TO ESTABLISH THE ADMINISTRATIVE CODE OF

PROCEDURES FOR THE SELECTION AND ENGAGEMENT OF
FIRMS/CONTRACTORS FOR THE PROVISION OF PROFESSIONAL
SERVICES/CONSTRUCTION SERVICES TO ST. BERNARD PARISH IN
ACCORDANCE WITH ST. BERNARD PARISH HOME RULE CHARTER
SECTION 2-11(a)(1)
RESOLUTIONS
18. Adopt Resolution SBPC #628-04-10, approving permits as

recommended by the Alcohol beverage and Bingo Department:
(Administration)
a. QC Discount, LLC dba, QC Discount. 4725 E. Judge
Perez Dr., Violet, La 70092
Owner: Abdallah A. Jaber (Renewal) (Beer and liquor)
b. Quick Check, Inc. dba, Quick Check #4. 617 Bayou

Rd., St. Bernard, La 70085
Owner: Abdallah A. Jaber (Renewal) (Beer and liquor)
c. RD & RS, Inc. dba, Smokes for Less #3. 2400 Paris
Rd., Chalmette, La 70043
Owner: Jatin Desat (Renewal) (Beer and liquor)
d. S & P Chevron, LLC dba, S & P Chevron. 6205 E. St.

Bernard Hwy., Violet, La
70092 Owners: Sanh and Phuong Xuan Phung
(Renewal)
AGENDA
Posted 4/16/10
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e. S.A.Z. LLC dba, Supreme Food Mart. 7601 E. St.

Bernard Hwy, Violet, La 70092
Owner: Ziad Odetallah (Renewal) (Beer and liquor)
f. South End Zone Bienvenu, LLC dba, South End Zone.

8241 W. St. Bernard
Hwy., Chalmette, La 70043. Owners: Jill H. and Lawrence A.
Bienvenu, IV
(Renewal) (Beer and liquor)
g. St. Bernard Parish Recreation Department dba,

Frederick Sigur Civic Center
8245 W. Judge Perez Dr., Chalmette, La 70043. Director: John
Rahaim
h. Sunshine Fuel and Diner, LLC dba, Sunshine Fuel. 5840

E. Judge Perez Dr.,
Violet, La 70092. Owners: Steven Van Le & Trang Thi Nguyen.
i. Sunshine Fuel and Diner, LLC dba, Sunshine Diner.

5840 “A” E. Judge Perez Dr.,
Violet, La 70092. Owners: Steven Van Le & Trang Thi Nguyen.
19. Adopt Resolution SBPC #629-04-10, approving the application for

grant funds from the Louisiana Recreational Trail Program.
(Administration)
20. Adopt Resolution SBPC #630-04-10, requesting that the Finance

Department create a budget line item as needed to handle incoming
revenues and expenses for Open House St. Bernard and to safeguard
that expenses paid under this account never exceed the revenue for
the Open House St. Bernard line item. There shall be no line item
movement allowed in or out of these St. Bernard Open House line
items. (Council)
AGENDA
Posted 4/16/10
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ADOPTION OF ORDINANCES

Introduced by: Administration on 1/5/10
EFC Recommended Approval on 3/10/10
Public Hearing Held on 4/20/10
AN ORDINANCE TO AMEND ORDINANCE SBPC #1177-12-09, TO

MODIFY THE PROCEDURES FOR PERMITTING AND OPERATING
FIREWORKS SALES WITHIN THE PARISH OF ST. BERNARD.

Introduced by: Council on 2/2/10
As Recommended by the Charter Change Committee

ARTICLE IV SEC. 4- 05(b) OF THE ST. BERNARD PARISH HOME RULE
CHARTER TO CHANGE THE QUALIFICATIONS OF THE DIRECTOR OF
PUBLIC WORKS; MAKING APPLICATION TO THE STATE BOND
COMMISSION IN CONNECTION THEREWITH AND PROVIDING FOR OTHER
MATTERS IN CONNECTION THEREWITH.

EFC made No Recommendation on 3/10/10

VOTERS VERIFY THAT IT IS PERMISSIBLE TO PURCHASE AND DISTRIBUTE
FIREWORKS IN ST. BERNARD PARISH AS PER ORDINANCE SBPC#
1177-12-09; MAKING APPLICATION TO THE STATE BOND COMMISSION IN
CONNECTION THEREWITH AND PROVIDING FOR OTHER MATTERS IN
CONNECTION THEREWITH.

AGENDA
Posted 4/16/10
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ARTICLE IV SEC. 4-07 OF THE ST. BERNARD PARISH HOME RULE
CHARTER TO CHANGE THE NAME OF THE DEPARTMENT HEAD TO READ
“FIRE CHIEF” AND ALSO CHANGE THE QUALIFICATIONS OF THE
DEPARTMENT HEAD TO COINCIDE WITH CURRENT STATE REQUIREMENTS;
MAKING APPLICATION TO THE STATE BOND COMMISSION IN
CONNECTION THEREWITH AND PROVIDING FOR OTHER MATTERS
IN CONNECTION THEREWITH.

Introduced by: Council

ARTICLE IV SEC. 4-10(c) OF THE ST. BERNARD PARISH HOME
RULE CHARTER TO MODIFY THE PERSONNEL BOARD; MAKING
APPLICATION TO THE STATE BOND COMMISSION IN CONNECTION
THEREWITH AND PROVIDING FOR OTHER MATTERS IN CONNECTION
THEREWITH.

Introduced By: Administration on 2/18/10
Planning Commission Recommended Approval on 3/23/10
AN ORDINANCE TO APPROVE DOCKET 1-10, A PETITION OF NICO,

INC., BEING REPRESENTED BY JEFFREY D. NICOSIA, FOR A ZONING
CHANGE FROM ‘R-1, (SINGLE FAMILY RESIDENTIAL) TO “C-1,
(NEIGHBORHOOD COMMERCIAL) FOR THE FOLLOWING DESCRIBED
PROPERTY: MUNICIPAL NO: 2004 FARMSITE ROAD. (District E)

AGENDA
Posted 4/16/10
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AN ORDINANCE TO APPROVE DOCKET 2-10, A PETITION OF ELLIOTT S.

WEIXEL AND RAYMOND J. DAUTERIVE, JR, FOR A ZONING CHANGE FROM
“I-2, (HEAVY INDUSTRIAL)” TO “I-2, (CONDITIONAL USE)” FOR
THE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE 7300 BLOCK WEST
ST. BERNARD HIGHWAY. (District A)

AN ORDINANCE TO APPROVE DOCKET 3-10, A PETITION OF ANN M.

WILTENMUTH, WIFE OF/AND EARL P. HEBERT, FOR A
ZONING CHANGE FROM “C-1, (NEIGHBORHOOD COMMERCIAL)” TO “C-
2, (GENERAL COMMERCIAL)” ‘FOR THE FOLLOWING DESCRIBED PROPERTY:
MUNICIPAL NO: 120 MORALES STREET AND 2620 BUFFON STREET.
(District B)
Introduced by: Councilman Landry/Cavignac
AN ORDINANCE TO RESCIND ORDINANCE SBPC# 780-09-07,

ADOPTED ON SEPTEMBER 18, 2007, AUTHORIZING THE
ADMINISTRATION TO BEGIN AN IMMEDIATE BID PROCESS ON ANY
RECOVERY PROJECT WITH OBLIGATED FEMA FUNDING.

Introduced By: Councilman Landry/Cavignac
AGENDA
Posted 4/16/10
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AN ORDINANCE TO DIRECT AND AUTHORIZE THE PARISH PRESIDENT

TO EXECUTE AN AMENDMENT TO THE SOLID WASTE COLLECTION TIME
CONTRACT BETWEEN ST. BERNARD PARISH GOVERNMENT
AND SDT WASTE & DEBRIS SERVICES, L.L.C. (SDT) AND TO PROVIDE FOR
CERTAIN ADMINISTRATIVE REQUIREMENTS THEREOF.

Introduced by: Councilman Landry/Cavignac
AN ORDINANCE TO ESTABLISH THE ADMINISTRATIVE CODE OF

PROCEDURES FOR THE SELECTION AND ENGAGEMENT OF
FIRMS/CONTRACTORS FOR THE PROVISION OF PROFESSIONAL
SERVICES/CONSTRUCTION SERVICES TO ST. BERNARD PARISH IN
ACCORDANCE WITH ST. BERNARD PARISH HOME RULE CHARTER
SECTION 2-11(a)(1)
INTRODUCTION OF ORDINANCES

Introduced by: Councilman Landry on 4/20/10

VOTERS DECIDE TO GIVE THE LIBRARY BUILDING TO ST. BERNARD
PARISH GOVERNMENT; MAKING APPLICATION TO THE STATE BOND
COMMISSION IN CONNECTION THEREWITH AND PROVIDING FOR
OTHER MATTERS IN CONNECTION THEREWITH.

AN ORDINANCE TO APPROVE DOCKET 9-10, PETITION OF MARY

BROUILLETTE, BEING REPRESENTED BY JASON BAILEY, FOR A
CONDITIONAL USE FROM “A-1, RURAL TO A-1, (CONDITIONAL USE)”
FOR THE FOLLOWING DESCRIBED PROPERTY: 1505 E. LA HWY 46.
(District E)
AGENDA
Posted 4/16/10
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OTHER MATTERS
34. Motion to approve payment to Ericksen, Krentel, & LaPorte, for services
rendered through March 31, 2010 in connection with
fieldwork related to the audit of financial statements for year ended
December 31, 2009, for invoice #120735 in the amount of $35,000.00.
(EFC 4/14/10)
35. Motion to accept the recommendation of St. Bernard Parish Legal

Counsel in regards to St. Bernard Parish Government vs. Hanover
Insurance Company USDC EDLA 07-4344, Section “D” Mag. 4 as per
approved by the Executive Finance Committee on April 14, 2010.
(EFC
4/14/10)
36. Motion to discuss an update of the contract for South Lake Estates
drainage project.
(Councilman
Everhardt/Landry)
37. Motion to discuss status of Old Court House.

(Councilman Everhardt)
38. Motion to discuss Safe Harbor Project.

39. Motion to discuss Ice House land appraisal.

40. Motion to discuss the dredging of Reggio Canal for economic and
safety issues.
(Councilman
Everhardt)
41. New Business
42. Old Business

AGENDA
Posted 4/16/10
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EXECUTIVE SESSION
43. Motion to go into Executive Session to discuss Cheryl Nunez vs. St.
Bernard Parish Government, OWCP No. 07-07037.
(Administration)
44. Motion to go into Executive Session to discuss James Smith vs. St.
Bernard Parish Government, OWCP No. 06-06426.
(Administration)
45. Motion to go into Executive Session to discuss Eileen Dubriel vs. St.
Bernard Parish Government (no OWCP claim number).
(Administration)
46. Motion to go into Executive Session to discuss Winfred Key, et al vs. St.
Bernard Parish Government, et al, 34th JDC No. 114-155.
(Administration)
47. Motion to go into Executive Session to discuss agreements with LLC’s

and Co-Op agreements with St. Bernard Parish Government.
(Councilman Landry)
48. Motion to go into Executive Session to discuss negotiations with Grant

Finders. (Council)
49. Motion to go into Executive Session to discuss Administration’s

recommendation in regards to International Union of Operating
Engineers Local 406 as addressed in Executive Finance Committee
meeting on April 14, 2010. (EFC
4/14/10)
****Resolutions or Motions may occur on any topic discussed in

Executive Session****
AGENDA
Posted 4/16/10
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Next Regular scheduled Council Meeting will be held Tuesday, May 4,

2010 @ 7:00 P.M.
Approved by: _Wayne J. Landry Time: 12:40 P.M.

Date: 4/16/10

Library Referendum Introduction 4-20-10 - Agenda

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PUBLIC NOTICE - ST.

BERNARD PARISH COUNCIL MEETING -

A. Meeting Called to Order and Roll Call

1. Motion to approve the minutes of the April 6, 2010 Council meeting as

2. Craig P. Taffaro, Jr., President's Report

3. Motion to recognize Matthew Faust for his Hurricane Katrina

4. Motion to recognize Erin Kuel, Library Board Member.

RECOGNIZE THE PUBLIC

6. Recognize the Public

7. Summary No. 2640

AN ORDINANCE TO AMEND ORDINANCE SBPC #1177-12-09, TO

8. Summary No. 2645

AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO AMEND

9. Summary No. 2647

AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO HAVE THE

10. Summary No. 2650

AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO AMEND

11. Summary No. 2651

AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO AMEND

APPLICATION TO THE STATE BOND COMMISSION IN CONNECTION

12. Summary No. 2652

AN ORDINANCE TO APPROVE DOCKET 1-10, A PETITION OF NICO,

13. Summary No. 2653

AN ORDINANCE TO APPROVE DOCKET 2-10, A PETITION OF ELLIOTT S.

14. Summary No. 2654

AN ORDINANCE TO APPROVE DOCKET 3-10, A PETITION OF ANN M.

AN ORDINANCE TO RESCIND ORDINANCE SBPC# 780-09-07,

16. Summary No. 2664

AN ORDINANCE TO DIRECT AND AUTHORIZE THE PARISH PRESIDENT

17. Summary No. 2665

AN ORDINANCE TO ESTABLISH THE ADMINISTRATIVE CODE OF

18. Adopt Resolution SBPC #628-04-10, approving permits as

b. Quick Check, Inc. dba, Quick Check #4. 617 Bayou

d. S & P Chevron, LLC dba, S & P Chevron. 6205 E. St.

e. S.A.Z. LLC dba, Supreme Food Mart. 7601 E. St.

f. South End Zone Bienvenu, LLC dba, South End Zone.

g. St. Bernard Parish Recreation Department dba,

h. Sunshine Fuel and Diner, LLC dba, Sunshine Fuel. 5840

i. Sunshine Fuel and Diner, LLC dba, Sunshine Diner.

19. Adopt Resolution SBPC #629-04-10, approving the application for

20. Adopt Resolution SBPC #630-04-10, requesting that the Finance

21. Summary No. 2640

AN ORDINANCE TO AMEND ORDINANCE SBPC #1177-12-09, TO

22. Summary No. 2645

AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO AMEND

23. Summary No. 2647

AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO HAVE THE

24. Summary No. 2650

As Recommended by the Charter Change Committee

AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO AMEND

25. Summary No. 2651

AN ORDINANCE TO CALL FOR A SPECIAL ELECTION TO AMEND

26. Summary No. 2652

AN ORDINANCE TO APPROVE DOCKET 1-10, A PETITION OF NICO,

27. Summary No. 2653

Introduced By: Administration on 2/18/10

AN ORDINANCE TO APPROVE DOCKET 2-10, A PETITION OF ELLIOTT S.

28. Summary No. 2654

AN ORDINANCE TO APPROVE DOCKET 3-10, A PETITION OF ANN M.

AN ORDINANCE TO RESCIND ORDINANCE SBPC# 780-09-07,

30. Summary No. 2664

AN ORDINANCE TO DIRECT AND AUTHORIZE THE PARISH PRESIDENT