MAR 0 8 2010 - Tangipahoa Parish Government

Transcription

MAR 0 8 2010
MINUTES OF THE TANGIPAHOA PARISH COUNCIL
March 8, 2010
The Tangipahoa Parish Council met on the 8th day of March 20 I 0 in Regular Session and was
called to order by Carlos Notariano, Chairman, immediately following the public hearing held at 5:30
P.M.
The Invocation was given by Councilman Tom Tolar, and the Pledge of Allegiance by
Councilman Tennis Rick.
The following members were present: Tom Tolar, Tennis Rick, Michael Petitto, Carlo S. Bruno,
Howard G. "Buddy" Ridge!, Ronnie Bankston, Lionell Wells, Carlos Notariano, Debbie Edwards and
Bobby Cortez
Absent: None
Item No. 5 -Cell Phones- Please Mute or Turn Off.
Item No. 6 - Adoption of Minutes - A motion was made by Mr. Wells and seconded by Mr. Bankston to
adopt the minutes of the Regular Meeting dated February 22, 2010 and that they be dispensed and
published in the Official Journal. With no opposition, motion carried.
Item No. 7 - Public Input - Anyone Wishing to Address Agenda Items which were not on Public
Hearing - Mr. Notariano ask if there was anyone who wished to address any agenda item. Mr. Ron
Macaluso expressed that he wished to address agenda items No. 11,12,13&14 and Ms. Toni Jackson
expressed that she wished to address agenda item No.18 . Mr. Notariano stated that when discussing the
foregoing agenda items Mr. Macaluso and Ms. Jackson would be given the opportunity to address his
concerns.
Item No.8 -Parish President's Report
a)
Possible Discussion of Equipment AcquisitionI)
Approval to purchase Maintenance Truck for Landfill - A motion was
made by Rick and seconded by Mr. Cortez approving the purchase of a maintenance
truck for the landfill off of state contract. Roll-call vote was as follows:
Yeas: 10 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards,
Cortez).
Nays: None
Absent: None
Not Voting: None
2)
Approval to go out on Bids for Residential Elevation Project- A motion
was made by Mr. Bankston and seconded by Mr. Rick approving the Administration to
go out on bids for the residential Elevation Project. Roll-call vote was as follows:
Yeas: I 0 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards,
Cortez)
Nays: None
Absent: None
Not Voting: None
3)
Approval to go out on Bids for Bull Riding at the Arena- A motion was
made by Mrs. Edwards and seconded by Mr. Bankston approving the Administration to
go out on bids for Bull Riding at the Florida Parishes Arena. Roll-call vote was as
follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
4)
Approval of Bids- Hurricane Hardening ofTP Courthouse Annex- A
motion was made by Mr. Rick and seconded by Mr. Bankston approving the
Administration to go out on bids for hurricane hardening ofTP Courthouse Annex. Rollcall vote was as follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
5)
Approval of Bids- Hurricane Hardening Amite HS Gym- A motion was
made by Mr. Petitto and seconded by Mr. Rick approving the Administration to go out on
bids for hurricane hardening of Amite High School Gym. Roll-call vote was as follows:
Cortez)
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MAR 0 8 2010
Nays: None
Absent: None
Not Voting: None
6)
Approval of Bids- Hurricane Hardening of Hammond Jr. HS Gym
A motion was made by Mr. Wells and seconded by Mr. Bankston
approving the Administration to go out on bids for hurricane hardening of Hammond Jr.
High School Gym. Roll-call vote was as follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
7)
Approval of Bids- Hurricane Hardening ofHammond Fire
Administration Building - A motion was made by Mr. Wells and seconded by Mr.
Bankston approving the Administration to go out on bids for hurricane hardening of
Hammond Fire Administration Building. Roll-call vote was as follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
b)
Recommendation to Accept into Parish Maintenance System: None
Mr. Burgess requested that the approval of bids on the Blower/Flare System for Landfill
Gas Combustion be added to the current agenda by unanimous vote. A motion was. made
by Mr. Tolar and seconded by Mr. Petitto to amend the current agenda by unanimous
vote. Roll-call vote was as follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
Mr. Burgess presented the Bid Tabulation as follows to the TPC and recommended that
the low bid of Shaw Environmental & Infrastructure Group at a bid price of $227,060.00
be accepted:
BID OPENING FEBRUARY 26, 2010
BLOWER/FLARE SYSTEM FOR
LANDFILL GAS COMBUSTION
TANGIPAHOA PARISH REGIONAL SOLID WASTE
FACILITY
BIDDER NAME
Unit
Shaw Environmental & Infrastructure
Lump Sum
Quantity
1
BID PRICE
$227,060.00
A motion was made by Mr. Cortez seconded by Mr. Ridge! approving the Bid of
$227,060.00 by Shaw Environmental & Infrastructure Group. Roll-call vote was as
follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
Mr. Burgess requested that the the current agenda be amended by unanimous vote to add
the matter of Bidding out the sale of Timber on Hwy 40 property .. A motion was made
by Mr. Tolar and seconded by Mr. Rick to amend the current agenda by unanimous vote.
Roll-call vote was as follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
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A motion was made by Mr. Tolar and seconded by Mr. Rick approving the
Administration to go out on bids for the sale of timber located on the Hwy 40 property.
Cortez)
Nays: None
Absent: None
Not Voting: None
Mr. Burgess reported to the TPC that the trial-run recycling project held this past
Saturday was a success with approximately 75 customers dropping off at the Pleasant
Ridge location and 10 customers dropping off at the Roseland shop location. Mr.
Burgess reminded everyone that the Parish Recycling drop offs will be opened the 2nd
and 4th Saturday of each month from the hours of 9:00A.M. until 1:00 P.M ..
Mr. Burgess presented a proclamation to Graceion Hemstad for his heroic effort in saving
his family from a recent house fire.
Item No.9- Adoption of Proposed T.P. Ordinance No. 10-10- An Ordinance To Grant A
Variance To Ordinance 97-25 Adoption Of State Sanitary Code For Chris Ratiff At
21058 Weinberger Road, Ponchatoula, Louisiana.- -Mr. Notariano made known a public
hearing was held on the foregoing matter and no one from the public asked to address the
matter. A motion was made by Mrs. Edwards and seconded by Mr. Cortez to adopt T.P.
Ordinance No. 10-10 as follows:
T.P. Ordinance No. 10-10
AN ORDINANCE TO GRANT A VARIANCE TO ORDINANCE 97-25
ADOPTION OF STATE SANITARY CODE FOR CHRIS RATIFF AT 21058
WEINBERGER ROAD, PONCHATOULA, LOUISIANA.
WHEREAS, Chris Ratliff has an existing structure on this 43.452 acre of
property;
WHERAS, Chris Ratliff is faced with a hardship due to the fact that she has no
where to place his manufactured home;
WHEREAS, Ordinance 97-25 requires one acre for two residences;
WHEREAS, the Ratliff property is only .1 08 short of requirement and will not be
in violation of the State Sanitary Code;
THEREFORE BE IT ORDAINED by the Tangipahoa Parish Council-President
Government, governing authority of Tangipahoa Parish, State of Louisiana, that a
variance to the Tangipahoa Parish Code of Ordinances, Parish of Tangipahoa, State. of
Louisiana, be granted to Chris Ratliff to obtain approval to place a second residence and
to install an individual sewer system on this property.
BE IT FURTHER ORDAINED that this ordinance shall become effective
immediately upon signature of the Parish President.
This ordinance having been submitted in writing, having been introduced at a
public meeting of the Tangipahoa Parish Council, discussed at a public hearing of said
Council and was submitted to an official vote of the TPC.
On motion by Ms. Edwards and seconded by Mr. Cortez, the foregoing ordinance
was hereby declared adopted on this 8th day of March, 2010 by the following roll-call
vote:
YEAS: 10 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards,
Cortez)
NAYS: None
ABSENT: None
NOT VOTING: None
ATTEST:
S/Carla Tate
S/Carlos Notariano
Clerk of Council
Chairman
Tangipahoa Parish Council
INTRODUCED:
February 22,2010
PUBLISHED:
March 3, 2010
AMITE TANG! DIGESTOFFICIAL JOURNAL
ADOPTED:
March 8, 2010
DELNERED TO PRESIDENT: lOth day of'March, 2010 at 10:00 A.M.
APPROVED BY PRESIDENT:
S/Gordon A. Burgess
March 12, 2010
VETOED BY PRESIDENT:
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MAR 0 8 2010
Gordon A. Burgess
Date
RECEIVED FROM PRESIDENT: 12th day of March, 2010 at 8:30A.M.
Item No. 10 -Re-Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-06"An Ordinance To Amend. Revise And Re-Enact Article X Of Chapter 13 Of The
Tangipahoa Parish Code Of Ordinances Regulating Halfway Houses. Addictive Disorder
Treatment Facilities, Juvenile Detention Facilities And Live-In Mental Health Facilities"
- A motion was made by Mr. Bankston and seconded by Mr. Rick to introduce proposed
T.P. Ordinance No. 10-06 and set public hearing for Monday, March 22, 2010 at 5:30
P.M. for the purpose of receiving input from the public on the adoption thereof. Roll-call
vote was as follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
"AN ORDINANCE TO AMEND, REVISE AND RE-ENACT ARTICLE X OF
CHAPTER 13 OF THE TANGIPAHOA PARISH CODE OF ORDINANCES
REGULATING HALFWAY HOUSES, ADDICTIVE DISORDER TREATMENT
FACILITIES, JUVENILE DETENTION FACILITIES AND LIVE-IN MENTAL
HEALTH FACILITIES"
Item No. 11 -Discussion ofT.P. Ordinance No. 10-09- "An Ordinance To Amend,
Revise And Re-Enact Sections 5-45 And 5-85 Of Chapter 5 Of The Tangipahoa Parish
Code Of Ordinances Providing For The Closing Hours For Those Establishments ·
Licensed To Sell Alcoholic Beverages In The Rural Unincorporated Areas Of
Tangipahoa Parish, Louisiana" *(Ordinance needs to be withdrawn. See New T.P. Ord
No.l0-13, T.P. Ord No. 10-14 and T.P. Ord. No. 10-15)- Mr. Notariano made known a
public hearing was held on the foregoing matter and Mr. Ron Macaluso, Hammond
Louisiana wished to address agenda items no. 11,12, 13 & 14. Mr. Macaluso stated that
since the last TPC meeting he was not invited to attend any meeting where he could
address specific issues with the proposed alcohol ordinances and his disappointment in
not getting to do so. After an extensive discussion, Mr. Notariano called for question
and ask that a motion be made on Proposed T.P. Ordinance No. 10-09. **No motion was
made therefore Proposed T.P. Ordinance No. 10-09 dies due to lack of motion.**
Item No. 12 -Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-13 "An Ordinance To Prohibit The Consumption Of Alcoholic Beverages Between The
Hours Of 2:00 O'clock A.M. And 6:00 O'clock A.M. At Any Place Where Alcoholic
Beverages Of Either High Or Low Alcoholic Content Are Licensed For Sale" -A motion
was made by Mr. Cortez and seconded by Mrs. Edwards to introduce proposed T.P.
Ordinance No. 10-13 and set public hearing for Monday, March 22, 2010 at 5:30P.M. for
the purpose of receiving input from the public on the adoption thereof. Roll-call vote was
as follows:
Yeas: 9 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Edwards, Cortez)
Nays: None
Absent: None
Not Voting: None
Abstaining: 1 (N otariano)
"AN ORDINANCE TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC
BEVERAGES BETWEEN THE HOURS OF 2:00 O'CLOCK A.M. AND 6:00
O'CLOCK A.M. AT ANY PLACE WHERE ALCOHOLIC BEVERAGES OF
EITHER HIGH OR LOW ALCOHOLIC CONTENT ARE LICENSED FOR
SALE"
Item No.l3 -Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-14"An Ordinance To Amend, Revise And Re-Enact Sections 5-45 And 5-85 Of Chapter 5
Of The Tangipahoa Parish Code Of Ordinances Providing For The Closing Hours For
Those Establishments Licensed To Sell Alcoholic Beverages In The Rural
Unincorporated Areas Of Tangipahoa Parish, Louisiana" - Mr. Speed explained that (2)
Ordinances were being proposed for introduction and public hearing, T.P. Ordinance No.
10-14A (hours of2:00 a.m. & 6:00a.m.) and T.P. Ordinance No. 10-14B (hours of 4:00
a.m. & 6:00a.m.). After a lengthy discussion on the matter a motion was made by Mr.
Cortez and seconded by Mr. Tolar to introduce proposed T.P. Ordinance No. 10-14A and
set public hearing for Monday, March 22, 2010 at 5:30P.M. for the purpose of receiving
input from the public on the adoption thereof. Roll-call vote was as follows:
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Nays: None
Absent: None
Not Voting: None
Abstaining: I (Notariano)
T.P. Ordinance No. 10-14A
"AN ORDINANCE TO AMEND, REVISE AND RE-ENACT SECTIONS 5-45
AND 5-85 OF CHAPTER 5 OF THE TANGIPAHOA PARISH CODE OF
ORDINANCES PROVIDING FOR THE CLOSING HOURS FOR THOSE
ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES IN
THE RURAL UNINCORPORATED AREAS OF TANGIPAHOA PARISH,
LOUISIANA"
A motion was made by Mr. Petitto and seconded by Mr. Bankston to introduce proposed
T.P. Ordinance No. 10-14B and set public hearing for Monday, March 22, 2010 at 5:30
Yeas: 8 (Tolar, Rick, Petitto, Bruno, Bankston, Wells, Edwards, Cortez)
Nays: I (Ridge!)
Absent: None
Not Voting: None
Abstaining: I (N otariano)
T.P. Ordinance No. 10-14B
AN ORDINANCE TO AMEND, REVISE AND RE-ENACT SECTIONS 5-45 AND 585 OF CHAPTER 5 OF THE TANGIPAHOA PARISH CODE OF ORDINANCES
PROVIDING FOR THE CLOSING HOURS FOR THOSE ESTABLISHMENTS
LICENSED TO SELL ALCOHOLIC BEVERAGES IN THE RURAL
UNINCORPORATED AREAS OF TANGIPAHOA PARISH, LOUISIANA"
Item No. 14 -Introduce & Set Public Hearing on Proposed T.P•. Ordinance No. 10-15 "An
Ordinance To Enact Section 5-I Of Chapter 5 Of The Tangipahoa Parish Code Of
Ordinances To Provide Definitions For Chapter 5 Of The Tangipahoa Parish Code Of
Ordinances As Regulates Alcoholic Beverage Sales" - A motior{ was made by Mr. Wells
and seconded by Mr. Rick to introduce proposed T.P. Ordinance No. 10-15 and set public
hearing for Monday, March 22, 2010 at 5:30P.M. for the purpose of receiving input from
the public on the adoption thereof. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
Abstaining: I (Notariano)
"AN ORDINANCE TO ENACT SECTION 5-1 OF CHAPTER 5 OF THE
TANGIPAHOA PARISH CODE OF ORDINANCES TO PROVIDE
DEFINITIONS FOR CHAPTER 5 OF THE TANGIPAHOA PARISH CODE OF
ORDINANCES AS REGULATES ALCOHOLIC BEVERAGE SALES"
Item No. 15- Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-11An Ordinance Placing Speed Limit Signs In The Rivers Subdivision In District No. I 0 In
Tangipahoa Parish In Accordance With Chapter 20. Streets. Roads. Sidewalks And
Drainage - Article I, In General - Section 20-16 - A motion was made by Mr. Cortez and
seconded by Mr. Wells to introduce proposed T.P. Ordinance No. 10-11 and set public
hearing for Monday, March 22, 2010 at 5:30P.M. for the purpose of receiving input from
the public on the adoption thereof. Roll-call vote was as follows:
Yeas: 9 (Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: None
Absent: None
Not Voting: I (Tolar)
AN ORDINANCE PLACING SPEED LIMIT SIGNS IN THE RIVERS
SUBDIVISION IN DISTRICT NO. 10 IN TANGIPAHOA PARISH IN
ACCORDANCE WITH CHAPTER 20, STREETS, ROADS, .
SIDEWALKS AND DRAINAGE - ARTICLE I, IN GENERAL SECTION 20-16
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Item No. 16 -Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-12 An Ordinance Approving A 3-Way Stop Sign At Mandella Road And Brickyard Road In
District 3 And Approving A 3-Way Stop Sign At Kraft Lane And Kraft Drive In District
No 10 In Accordance With Chapter 20. Streets. Roads. Sidewalks And Drainage- Article
I In General- Section 20-16- A motion was made by Mr. Petitto and seconded by Mr.
Cortez to introduce proposed T.P. Ordinance No. 10-12 and set public hearing for
Monday, March 22, 2010 at 5:30P.M. for the purpose of receiving input from the public·
on the adoption thereof. Roll-call vote was as follows:
Yeas: 8 (Rick, Petitto, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: None
Absent: None
Not Voting: 2 (Tolar, Bruno)
AN ORDINANCE APPROVING A 3-WAY STOP SIGN AT MANDELLA ROAD
AND BRICKYARD ROAD IN DISTRICT 3 AND APPROVING A 3-WAY STOP
SIGN AT KRAFT LANE AND KRAFT DRIVE IN DISTRICT NO 10 IN
ACCORDANCE WITH CHAPTER 20, STREETS, ROADS, SIDEWALKS AND
DRAINAGE- ARTICLE I, IN GENERAL- SECTION 20-16
Item No. 17- Introduce & Set Public Hearing on Proposed T.P. Ordinance No.l0-16 An Ordinance Rescinding A No Truck Route On West Club Deluxe Road In District No.
6 In Accordance With Chapter 20, Streets, Roads, Sidewalks And Drainage - Article I, In
General - Section 20-12 - A motion was made by Mr. Bankston and seconded by Mr.
Ridge! to introduce proposed T.P. Ordinance No. 10-16 and set public hearing for
Monday, March 22, 2010 at 5:30P.M. for the purpose of receiving input from the public
Yeas: 10 (Tolar, Rick, Petitto, Bruno, Rid gel, Bankston, Wells, Notariano, Edwards,
Cortez) ·
Nays: None
Absent: None
Not Voting: None
T.P. ORDINANCE NO. 10-16
AN ORDINANCE RESCINDING A NO TRUCK ROUTE ON WEST
CLUB DELUXE ROAD IN DISTRICT NO. 6 IN ACCORDANCE
WITH CHAPTER 20, STREETS, ROADS, SIDEWALKS AND
Item No. 18 -Resolution No. Rl 0-13 - A Resolution Approving Amendments of
Tangipahoa Parish Government's LRA Plan Katrina Funds.- Mr. Notariano made known
a public hearing was held on the foregoing matter and Ms. Toni Jackson inquired about
the Parish Housing money. Mr. John Dardis addressed Ms. Jackson's question. After a
brief discussion Mr. Dardis explained that Resolution No. Rl 0-13 would be amending the
Katrina Plan and accepting two new projects in to the hurricane Katrina LRA Plan. The
two items are 1) Repair or construction of a emergency communications tower for public
use and 2) Construction of a new Parish Library with a community meeting room in
Amite. After a brief discussion, A motion was made by Mr. Tolar and seconded by Mr.
Ridge! to adopt T.P. Resolution No Rl0-13 as follows:
T.P. RESOLUTION Rl0-13
BE IT RESOLVED, by the Tangipahoa Parish President Council-President
Government, governing authority of Tangipahoa Parish, State of Louisiana, that the
attached "Long Term Recovery Plan" for Tangipahoa Parish, State of Louisiana, is
hereby amended.
WHEREAS this Resolution shall become effective immediately upon signature
of the Parish President.
On motion by Mr. Tolar and seconded by Mr. Ridge!, the foregoing resolution
was hereby adopted on this the 8th day of March, 2010 by the following roll-call vote:
Cortez)
NAYS: None
ABSENT: None
NOT VOTING: None
ATTEST:
S/Carlos Notariano, Chairman
S/Carla Tate, Clerk of Council .
Tangipahoa
Parish Council
S/Gordon A. Burgess, President
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MAR 0 8 2010
Tangipahoa Parish
Item No. 19- Resolution No. RI0-14- A Resolution to LA DOTD requesting the
consideration of placing a stop signal be placed at the intersection of Old Baton Rouge
Highway and South Baptist Road - Mr. Bankston -A motion was made by Mr. Bankston
and seconded by Mr. Wells to adopt T.P. Resolution No RI0-14 as follows:
WHEREAS, traffic congestion exist at the following intersection due to the high volume
of traffic of school buses and area residents, such traffic being much increased from influx of new
residents of Tangipahoa Parish:
INTERSECTION OF OLD BATON ROUGE IDGHWAY & SOUTH BAPTIST ROAD
WHEREAS, several area school buses travel this route and several request .have been
received from school bus operators to request a traffic signal at this location and several accidents
have occurred at this location.
THEREFORE BE IT RESOLVED by the Tangipahoa Parish Council-President
Government, governing authority of Tangipahoa Parish, State of Louisiana, is hereby requesting
that LA-DOTD at their expense perform a traffic study at the foregoing location to determine if a
full service traffic signal may be justified.
BE IT FURTHER RESOLVED that an executed and certified copy of this resolution be
forwarded to Mr. Tom Landry, District Administrator- LA DOTD, Mr. Alan Dale, District Traffic
Operations Engineer - LA DOTD
WHEREAS this Resolution shall become effective immediately upon signature
On motion by Mr. Bankston and seconded by Mr. Wells, the foregoing resolution
was hereby adopted on this the 8th day of March, 2010 by the following roll-call vote:
Cortez)
NAYS: None
ABSENT: None
NOT VOTING: None
ATTEST:
Tangipahqa Parish Council
Tangipahoa Parish
Item No. 20 - Mr. Leroy Courteaux - 58465 Fry Lane - Mr. Petitto- Mr.
Courteaux requested that the parish address the matters concerning the road
providing access to his property. After a brief discussion Mr. Petitto requested
that Mr. Garafola look into the public records for any parish maintenance that
may have been done on Fry Lane in the past (I 0) years. Mr. Garafola stated that
he would look into the matter and would follow up with Mr. Courteaux.
S/Carla Tate, Clerk of Council
Item No. 21 - Appoint/Re-Appoint Tangipahoa Parish Library Board of Control- A
motion was made by Mr. Wells seconded by Mr. Ridge! appointing Ms. Cecilia
Giarmobile as Commissioner to the Tangipahoa Parish Library Board of Control for her
first term expiring January 2015. Ms. Giarmobile will be replacing Ms. Ginger
Daughdrill. Roll-call vote was as follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
Item No. 22 - Appoint/Re-Appoint Sewerage District No. 1 of Tangipahoa Parish - A
motion was made by Mrs. Edwards and seconded by Mr. Cortez Re-appointing Mr. Mark
Mobley as Commissioner to the Sewerage District No. 1 of Tangipahoa Parish for his
first full term expiring March 2014. Roll-call vote was as follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
Item No. 23 - Appoint/Re-Appoint Tangipahoa Parish Industrial Development Board - A
motion was made by Mr. Tolar and seconded by Mr. Rick to Table the foregoing matter
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MAR 0 8 2010
until the next regularly scheduled TPC meeting. Roll-call vote was as follows:
Cortez)
Nays: None
Absent: None
Not Voting: None
Item No. 24 - Beer, Wine & Liguor Permits -None
Item No. 25 - Legal Matters -None
Item No. 26- Councilmen's Privileges- A motion was made by Mr. Ridge! and seconded
by Mr. Wells that the current agenda be amended by unanimous vote to add the matter of
Introducing and & Setting a Public Hearing on Proposed T.P. Ordinance No. 10-17.
Cortez)
Nays: None
Absent: None
Not Voting: None
A motion was made by Mr. Ridge! and seconded by Mr. Bruno to introduce proposed
T.P. Ordinance No. 10-17 and set public hearing for Monday, March 22, 2010 at 5:30
Cortez)
Nays: None
Absent: None
Not Voting: None
ADOPTION OF STATE SANITARY CODE FOR MARY CLAYTON AT
15268 OLD GENESSEE ROAD, TICKFAW, LOUISIANA.
Mr. Bruno stated that the current garbage collection contracts for parish dumpsters where coming
and up and after a brief discussion with Mr. Burgess requested that the foregoing item be placed
on the next TPC agenda requesting approval to seek proposals.
Mr. Petitto reminded everyone of the upcoming Independence Sicilian Festival & Spaghetti
Cook-offwhich will be held March 12-14,2010 and also of the Amite Oyster Festival & Chili
Cook-off which will be held March 19-21, 2010.
I.
I .
With no further business appearing, on motion by Mr. Wells and seconded by Mr. Tolar, the Tangipahoa
Parish Council adjourned.
TTEST:
~
'a~a Ta\e,0-\
kN
Clerk
C
angipahoa Parish Council
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Carlos Notanano, Chairman
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MAR 2 21010
PUBLIC HEARING OF THE TANGIPAHOA PARISH COUNCIL ON MONDAY MARCH 22 2010 AT 5:30 P
AT THE TANGIPAHOA PARISH COURTHOUSE ANNEX, 206 EAST MULBERRY STREET, AMI
LOUISIANA - Mr. Ron Macalusa, 14145 University Ave, Hammond, LA, Mr. Louis Husser, 44070 Bennett R<
Hammond, Louisiana and Mr. Joey Shillace, 1907 Nashville Ave, Hammond, Louisiana all addressed T.P. Ordina
No. 10-13; T.P. Ordinance No. 10-14A; T.P. Ordinance No. 10-14B and T.P. Ordinance No. 10-15.
March 22, 2010
The Tangipahoa Parish Council met on the 22nd day of March 2010 in Regular Session and was called to
order by Carlos Notariano, Chairman, immediately following the public hearing held at 5:30P.M.
The Invocation was given by Councilman Tom Tolar, and the Pledge of Allegiance by Councilman
·
Bobby Cortez.
The following members were present: Tom Tolar, Tennis Rick, Michael Petitto, Carlo S. Bruno, Howard
G. "Buddy" Ridge!, Ronnie Bankston, Lionell Wells, Carlos Notariano, Debbie Edwards and Bobby Cortez
Absent: None
Item No. 5 - Cell Phones - Please Mute or Tum Off.
Item No.6- Adoption of Minutes- A motion was made by Mr. Rick and seconded by Mr. Wells to adopt the
minutes of the Regular Meeting dated March 8, 2010 and that they be dispensed and published in the Official
J oumal. With no opposition, motion carried.
Item No.7- Public Input- Anyone Wishing to Address Agenda Items which were not on Public Hearing- Mr.
Notariano ask if there was anyone who wished to address any agenda item. No one from the public asked to
address any agenda item.
Item No.8 -Parish President's Report
a)
Possible Discussion of Equipment Acquisition1)
Approval to go out on Bids on Phase 15 - A motion was made by Mr. Rick and seconded
by Mr. Bruno approving the Administration to seek bids for the Phase 15 overlay project. Rollcall vote was as follows:
Yeas: 10 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: None
Absent: None
Not Voting: None
2)
Approval to go out on Bids for the 2010 3-Course Surface Treatment- A motion was
made by Mr. Rick and seconded by Mr. Ridge! approving the Administration to seek bids for the
3-Course Surface Treatment project. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
3)
Discussion of Bids for Bull Riding at the Arena- Mr. McKneely stated that no bids were
received and requested that the matter be tabled. A motion was made by Mr. Cortez and
seconded by Mrs. Edwards to Table the foregoing matter. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
4)
Discussion of Proposal on Garbage Collection of Parish Dumpsters- A motion was made
by Mrs. Edwards and seconded by Mr. Bruno authorizing the Administration to seek proposals
on garbage collection of parish dumpsters. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
5)
Approval of Bids- Hurricane Hardening ofTP Courthouse Annex -Mr. McKneely
presented the Bid Tabulation as follows to the TPC and recommended that the low bid of
Richard Owen Construction Co., Inc at a bid price of $56,500.00 be accepted:
Page 1 of
19
9
MAR 2 2.2010
BID OPENING REPORT
WEDNESDAY, MARCH 17, 2010
206 EAST MULBERRY STREET
Amite, Louisiana 70422
Wind Retrofit for Tangipahoa Courthouse Annex-Amite, Louisiana
ADD
#1
BID
LIC.#
CONTRACTOR
BOND 5%
Warren Green and Associates
50142
Rouse Custom Construction, LLC
51551
RiChard Owen Construction Co., Inc.
24298
./
Phoenix Architectural Products, Inc.
50229
./
Titan Maintenance and Construction
47691
,/
BASE BID
ADD
#2
,__/'
SlQ,CM.(9V
v
8'/o 0 31.190
v
A motion was made by Mr. Tolar seconded by Mr. Rick approving the Bid of $56,500.00 by
Richard Owen Construction Co., Inc. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
6)
Approval of Bids- Hurricane Hardening Amite HS Gym- Mr. McKneely presented the
Bid Tabulation as follows to the TPC and recommended that the bids be rejected to due to
insufficient budget and re-bid the foregoing project.
BID OPENING REPORT
WEDNESDAY, MARCH 17,2010
206 EAST MuLBERRY S"I:REET
Amite, LoUisiana 70422
Wind Retrofit for Amite High School Gymnasium-Amite, Louisiana
LIC.#
CONTRACTOR
50142
51551
BID
BOND 5%
ADD
#1
ADD
#2
v
v
v
v
.· 24298
Richard Owen Construction, Co. Inc.
50229
47691
v
/
BASE BID
(o{p
0(&&. &0
I hi, b07. t9tJ
A motion was made by Mrs. Edwards seconded by Mr. Petitto rejecting the foregoing bids and
approving the Administration to re-bid the foregoing project. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
7)
Approval of Bids- Hurricane Hardening of Hammond Jr. HS Gym
Mr. McKneely presented the Bid Tabulation as follows to the TPC and recommended
that the bids be rejected to due to insufficient budget and re-bid the foregoing project.
BUl OPENING R)!:j'ORT
WEDNESDAY,MAR.Ol17,2010
206 EAST MULBFiRRY STREET
Amite, Louisia~a 70422
Wind Retrofit for Hammond Jr. High GymnasiumMHamm.oild, Louisiana
CONTRACTOR
LIC.#
50142
51551
Richard Owen Construction Co., Inc.
24298
50229
47691
BID
BOND 5%
,/
ADD
#1
./
ADD
#2
,/
ADD
#3
v
BASE BID
ALTERNATE
#1
I (e I ;<s-s:'~o I 03, 9!3. Oi
A motion was made by Mr. Tolar seconded by Mr. Wells rejecting the foregoing bids and
Page 2 of
19
------------------
MAR 2 2 ·2010
Yeas: 9 (Tolar, Rick, Petitto, Bruno, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: None
Absent: None
Not Voting: 1 (Ridge!)
8)
Approval of Bids- Hurricane Hardening of Hammond Fire Administration Building- Mr.
McKneely presented the Bid Tabulation as follows to the TPC and recommended that the low
bid of Richard Owen Construction Co., Inc at a bid price of $28,000.00 be accepted:
BID OPENING REPORT
WEDNESDAY, MARCH 17,2010
206 EAST MULBERRY STREET
Amite, Louisiana 704-22
Wind Retrofit for Hammond Fire Administration-Hammond, Louisiana
CONTRACTOR
LIC.#
Warren Gieen and Associates
50142
51551
Richard Owen Construction Co., Inc.
24298
50229
47691
BID
BOND-S%
v
ADD
#1
v
~
ADD
#2
'"v
v v
BASE BID
r;)J: ff&IJ. f) ()
<-j(f) g,g.r:SJO
.
A motion was made by Mr. Wells seconded by Mr. Cortez approving the Bid of$28,000.00 by
Richard Owen Construction Co., Inc. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
9)
Approval of Bids Sumner High School Hazard Mitigation- Mr. McKneely presented the
Bid Tabulation as follows to the TPC and recommended that the low bid of Ray Brothers at a bid
price of$117,977.00 be accepted:
BID TABULATlON
SUMNER HIGH SCHOOL GYMNASIUM
HAZARD MmGATION
TANGIPAHOA PARISH SCHOOL SYSlEM
H/S PROJECT NO. 0903 7
MARCH I 6. 2009 @ I 0:00A.M.
BRUNT CONSTRUCTION, INC.
CERTIFIED ROOFINO
6328
& SHEET METAL, LLC
50787
PINTAIL CONTRACTING SERVICES, llC
0.
SHEET METAL, LLC
WAINWRIGHT CONSTRUCTION
RAY BROTHERS
0.
,j
$ 162,386
50020
RAGUSA CONSTRUCTION, LLC
VAUGHAN ROOFING
NO BID
MAINTENANCE, INC.
NO BID
3837
,j
$ 187,400
16530
,j
$ 216,000
29689
,j
$ 155,000
32266
,j
$
Page 3 of
19
J
17,977
11
12
A motion was made by Mr. Tolar seconded by Mr. Rick approving the Bid of $117,977.00 by
Ray Brothers. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
b)
c)
Financial Report- Mr. McKneely presented the February financial report to the TPC.
Mr. McKneely requested that the the current agenda be amended by unanimous vote to add the
matter of seeking bids for Oyster Shells as aggregate material. A motion was made by Mr.
Cortez and seconded by Mrs. Edwards to amend the current agenda by unanimous vote. Rollcall vote was as follows:
Nays: None
Absent: None
Not Voting: None
A motion was made by Mr. Petitto and seconded by Mr. Cortez approving the Administration to
seek bids for the purchase of Oyster Shells as aggregate material. Roll-call vote was as follows:
Nays: None
Absent: None
Mr. McKneely introduced Mrs. Bridget Bailey of Tangipahoa Reshaping Attitudes for .
Community Change (TRACC). Mrs. Bailey gave the TPC a brief updated on TRACC.
Item No. 9 - Adoption of Proposed T.P. Ordinance No. 10-06 - "An Ordinance To Amend,
Revise And Re-Enact Article X Of Chapter 13 Of The Tangipahoa Parish Code Of Ordinances
Regulating Halfway Houses, Addictive Disorder Treatment Facilities. Juvenile Detention
Facilities And Live-In Mental Health Facilities" - Mr. Notariano made known a public hearing
was held on the foregoing matter and no one from the public asked to address the matter. A
motion was made by Mr. Rick and seconded by Mr. Ridgel to adopt T.P. Ordinance No. 10-06 as
follows:
"AN ORDINANCE TO AMEND, REVISE AND RE-ENACT ARTICLE X OF CHAPTER
13 OF THE TANGIPAHOA PARISH CODE OF ORDINANCES REGULATING
HALFWAY HOUSES, ADDICTIVE DISORDER TREATMENT FACILITIES,
JUVENILE DETENTION FACILITIES AND LIVE-IN MENTAL HEALTH
FACILITIES"
WHEREAS, halfway houses, addictive disorder treatment facilities and juvenile
detention facilities are important and valuable tools in rehabilitating the citizens of
Tangipahoa Parish and the State of Louisiana;
WHEREAS, these said facilities require regulations to protect the persons they
serve and the general public;
WHEREAS, the Tangipahoa Parish Council-President Government desires to
establish further regulations so as to insure that these type of facilities are well regulated,
safe and properly maintained for the benefit of the persons who are being treated therein
and/or services are provided thereto and to the general public; and
WHEREAS, to accomplish these purposes the Tangipahoa Parish Council-President
Government proposes to amend, revise and re-enact Article X of Chapter 13 of the
Tangipahoa Parish Code of Ordinances.
·
THEREFORE BE IT ORDAINED by the Tangipahoa Parish Council, the
legislative branch of parish government, as follows:
That Article X of Chapter 13 of the Tangipahoa Parish Code of Ordinances be and
is hereby amended, revised and re-enacted in its entirety and to read as follows: ·
ARTICLE X. HALFWAY HOUSES, ADDICTIVE DISORDER TREATMENT
FACILITIES, JUVENILE DETENTION FACILITIES AND LIVE IN
MENTAL HEALTH FACILITIES
Sec. 13-181. Definitions.
"Halfway House" means a residential type facility or institution designed to
rehabilitate persons who have left a hospital or prison.
"Addictive Disorder Treatment Facility" means a residential type facility or
institution to rehabilitate persons diagnosed as being addicted to and being treated for the
Page 4 of
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,._
-~----------~----~-------~--
MAR 2 2'.2010
compulsive use of habit forming drugs, specifically iucludiug but not limited to alcohol,
narcotic drugs, prescription medication and/or illegal drugs.
"Juvenile Detention Facilities" means a residential type facility or institution to
rehabilitate young persons less than eighteen (18) years of age, who have committed crimes
and/or who have been diagnosed as beiug addicted to and beiug treated for the compulsive
use of habit forming drugs, specifically iucludiug but not limited to alcohol; narcotic drugs,
prescription medication and/or illegal drugs.
"Live In Mental Health Facilities" means a residential type facility or iustitution
designed to rehabilitate persons who have left a mental health hospital or who are
undergoing continued mental health treatment and require a structured residential facility
outside of their normal family structure.
Sec. 13-182. Parish Permit.
In addition to meeting the requirements of state and federal laws and regulations
and to better ensure that these requirements are met, prior to the commenciug of the
operation of any type of halfway house, addictive disorder treatment facility, juvenile
detention facility and/or live iu mental health facility iu Tangipahoa Parish, Louisiana,
each such facility must first request and obtaiu a permit from the Tangipahoa Parish
Council-President Government. In order to obtaiu this permit, the owner and/or operator
of the facility must send a written request for a permit to operate the facility to the
Tangipahoa Parish Council through its Clerk at Post Office Box 215, Amite, Louisiana
70422 and therein shall set forth the location of the proposed facility and iuclude thereiu
both its street address and property description, its mailiug address and telephone number,
a written statement outliniug the nature of the proposed facility, the number of persons
that the facility is seeking a permit to house, a written description as to how the facility will
address its occupants' health care needs, detailed architectural plans for the buildiug
structure or structures to be utilized iu connection with the operations of the facility and a
certification that all requirements of federal, state and parish governmental regulation
have been or will be fully and completely complied with. As to any regulation to be
complied with at a later date, a time table for full compliance shall also be included. This
request for a permit shall also iuclude a copy of all necessary federal and state licenses
and/or permits and/or approvals, along with a certification that the facility is fully
handicapped accessible and complies with all requirements of the Louisiana Fire
Marshall's Office. Thereafter the request/application shall be reviewed by the Clerk of the
Tangipahoa Parish Council to determine if the requested iuformation has been provided.
Thereafter, if the Clerk ofthe Tangipahoa Parish Council believes that the information has
been provided, the said Clerk shall put together a packet of the materials provided by the
applicant and shall forward a copy of this packet to each councilman, then place this
permit request on the next agenda of the Tangipahoa Parish Council for iuitial review.
Thereafter if the permit request appears to be in order, the parish council shall set a public
heariug date as set forth hereinbelow and direct the subsequent drafting of an ordinance to
grant the requested permit.
Sec. 13-183. Requirements.
a)
Facilities requiriug a permit under Article X of Chapter 13 of the
Tangipahoa Parish Code of Ordiuances shall provide supervisory personnel on a twentyfour (24) hour basis. These supervisory personnel shall consist of one (1) live in/full time
supervisor for a facility housiug one (1) to twenty (20) persons; two (2) live in/full time
supervisors for a facility housiug twenty-one (21) to forty (40) persons; three (3) live in/full
time supervisors for a facility housing forty-one (41) to sixty (60) persons; and one (1)
additional supervisor who lives at the facility and works there as his/her full time
occupation for each additional person, up to twenty (20) persons housed at the facility after
sixty (60). All such supervisors shall have clean criminal records. No supervisor shall have
ever been convicted of a felony grade offense iu any jurisdiction. An average of one (1) or
more full time live in staff person/supervisor shall be on staff for each twenty (20) persons
housed at the facility.
b)
Facilities requiriug a permit under Article X of Chapter 13 of the
Tangipahoa Parish Code of Ordiuances shall provide its residents, patients and/or
occupants with regular access to health care providers.
c)
Facilities requiring a permit under Article X of Chapter 13 of the
Tangipahoa Parish Code of Ordiuances shall be fully handicapped accessible and shall
comply with all federal and state requirements for equal access to the handicapped.
d)
Page 5 of
19
13
14
MAR 2 2>2010
Tangipahoa Parish Code of Ordinances shall be inspected and approved by the Louisiana
State Fire Marshall prior to opening and on a regular basis thereafter.
e)
Tangipahoa Parish Code of Ordinances shall be maintained in a clean and sanitary
condition and shall be inspected and approved by the Tangipahoa Parish Sanitarian or an
assistant sanitarian as the representative of the Louisiana Department of Health and
Hospitals, Department of Public Health prior to opening and on a regular basis thereafter.
f)
No facility requiring a permit under Article X of Chapter 13 of the
Tangipahoa Parish Code of Ordinances shall be constructed in a federally designated flood
zone without first obtaining the approval of the United States Corp of Engineers.
g)
The owner and any operator of a facility requiring a permit under Article X
of Chapter 13 of the Tangipahoa Parish Code of Ordinances shall at all times maintain
general liability insurance coverage with an insurance company licensed to do an doing
business within the State of Louisiana in the minimum amount of $1,000,000.00 per
incident and $5,000,000.00 in aggregate coverage.
h) The owner and any operator of a facility requiring a permit under Article X of
Chapter 13 of the Tangipahoa Parish Code of Ordinances having facilities capable of
housing twenty (20) or more persons under his/her/their/its care must provide a security
fence around the facility. This fence shall consist of chain link construction at least eight (8)
feet in height, shall be completely lighted and shall have a open security zone of onehundred (100) feet on each side of the fencing. No shrubs, trees, obstructions or
impediments to vision shall be located within this security zone. Lighting for the security
fence and the security zone must be provided from dusk until dawn.
i) The owner and any operator of a facility requiring a permit under Article X of
Chapter 13 of the Tangipahoa Parish Code of Ordinances having facilities capable of
housing twenty (20) or more persons under his/her/their/its care shall provide twenty-four
(24) hour security guard services for the facility.
. ,
j) If the facility houses any persons convicted of sex offenses or violent crim~s such
as murder, attempted murder, man slaughter or armed robbery, a sign shall be posted at
each entrance to the facility on at least four (4) foot by six (6) foot surface with four (4) inch
lettering so as to notify and inform the public of this fact. This signage shall be in addition
to any other signage required under state or federal law.
k) The owner and any operator of a facility requiring a permit under Article X of
Chapter 13 of the Tangipahoa Parish Code of Ordinances shall maintain his/her/their/its
facility in such a manner as to curtail any criminal activity by the persons housed at the
facility.
I) The owner and any operator of a facility requiring a permit under Article X of
Chapter 13 of the Tangipahoa Parish Code of Ordinances shall construct the physical
structures housing its occupants in the center of the property where it is located.
Sec. 13-184. Issuance of Permit.
a) Prior to the issuance of a permit hereunder, the Tangipahoa Parish Council
shall first set a public hearing and in connection therewith publish a notice of the public
hearing in its official journal. This public notice shall include the municipal address of the
proposed facility, the voting district of the proposed facility and the date and time of the
hearing. Permits as required herein shall be issued only after a public hearing and
thereafter the introduction and passage of an ordinance of the Tangipahoa Parish CouncilPresident Government at which there will be a second public hearing.
b) Permits issued pursuant to Article X of Chapter 13 of the Tangipahoa Parish
Code of Ordinances shall be for a period of five (5) years. Within six (6) months of the
permit's expiration, a permit renewal must be sought by the owner of any facility operating
under a permit issued pursuant to Article X of Chapter 13 of the Tangipahoa Parish Code
of Ordinances. The process for this renewal of the permit shall be the same as the original
permit.
c) Any permits previously issued pursuant to Article X of Chapter 13 of the
Tangipahoa Parish Code of Ordinances are hereby declared to be for a period of five (5)
years from the date of issuance.
Sec. 13-185. Prohibition Against Treatment Of Sexual Disorders.
a) No facility operating under Article X of Chapter 13 of the Tangipahoa Parish
Code of Ordinances shall be engaged in the treatment of deviant sexual disorders.
b) No persons having been diagnosed with a deviant sexual disorder or having been
designated as a sex offender and r.equired to register as a convicted sex offender under
Page 6 of
19
MAR 2 2.•2010
Louisiana law shall receive treatment at a Addictive Disorder Treatment facility licensed
under Article X of Chapter 13 of the Tangipahoa Parish Code of Ordinances.
c) It is the intention of the Tangipahoa Parish Government to prohibit any
inpatient treatment facility within the rural and unincorporated areas of Tangipahoa
Parish from treating or housing persons diagnosed with deviant sexual disorders or
convicted as a sex offender.
Sec. 13-186. Grounds For Revocation Of Permit.
a) Any facility operating with a permit issued pursuant to Article X of Chapter 13
of the Tangipahoa Parish Code of Ordinances that fails to meet the requirements of this
article shall have its permit revoked by the Tangipahoa Parish Council-President
Government by an ordinance duly passed by the Tangipahoa Parish-President
Government and provided that before the introduction of any such ordinance to revoke a
permit issued pursuant to this article, there shall first be a duly noticed hearing on this
issue. The holder of the permit shall be provided with notice of this hearing at least ten (10)
days in advance of the hearing and this notice shall clearly state therein the requirements
of this article that are alleged to have been breached by or at the facility. The permit holder
and the Tangipahoa Parish Council-President Government shall each present sworn
testimony and documents at this hearing in support of that parties' position. This hearing
shall be open to the public.
b) If any occupant of the facility is convicted of a criminal offense or there is
evidence that criminal activity has resulted and this criminal conduct or criminal activity
has resulted due to a breach of the permit holder's duties and responsibilities as provided
in this article, then the facility is subject to have its permit revoked as outlined hereinabove
in this section.
Sec. 13-187. Penalty
In addition to civil sanctions, as provided by law, any person, corporation, company,
partnership or entity, who owns or operates a facility required to be permitted pursuant to
Article X of Chapter 13 of the Tangipahoa Parish Code of Ordinances shall be guilty of a
separate criminal offense for each day of operation and shall be subject to punishment as
provided for in section 1-13 of Chapter 1 of the Tangipahoa Parish Code of Ordinances.
BE IT FURTHER ORDAINED that this ordinance is a code ordinance and shall
take effect thirty (30) days after being promulgated as provided by law, being: Publish one
(1) time in the Amite Tangi Digest, the official journal of the Tangipahoa Parish CouncilPresident Government. [See La. R. S. 33:551 or La. R.S. 33:1363]
The above and foregoing ordinance having been duly submitted to the Tangipahoa
Parish Council in writing; introduced at a public meeting of the Tangipahoa Parish
Council; discussed at the said public hearing; after motion and second was submitted to the
official vote of the Tangipahoa Parish Council.
On motion by Mr. Rick and seconded by Mr. Ridge!, the foregoing ordinance was hereby
declared adopted on this 22nd day of March, 2010 by the following roll-call vote:
YEAS: 10 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
S/Carlos Notariano
S/Carla Tate
Chairman
Clerk of Council
INTRODUCED:
March 8, 2010
AMITE T ANGI DIGEST PUBLISHED:
March 17,2010
OFFICIAL JOURNAL
ADOPTED:
March 22,2010
DELIVERED TO PRESIDENT: 23rd day of March, 2010 at 9:00A.M.
March 24, 2010
S/Gordon A. Burgess
Gordon A. Burgess
Date
RECEIVED FROM PRESIDENT: 24th day of March, 2010 at 11:30 A.M.
Item No. 10- Adoption of Proposed T.P. Ordinance No. 10-11- An Ordinance Placing Speed
Limit Signs In The Rivers Subdivision In District No. I 0 In Tangipahoa Parish In Accordance
Page 7 of
19
15
16.
With Chapter 20, Streets. Roads, Sidewalks And Drainage - Article I, In General - Section 20-16
- Mr. Notariano made Jmown a public hearing was held on the foregoing matter and no one from
the public asked to address the matter. A motion was made by Mr. Cortez and seconded by Mrs.
Edwards to adopt T.P. Ordinance No. 10-11 as follows:
AN ORDINANCE PLACING SPEED LIMIT SIGNS IN THE RIVERS
SUBDIVISION IN DISTRICT NO. 10 IN TANGIPAHOA PARISH IN
ACCORDANCE WITH CHAPTER 20, STREETS, ROADS, SIDEWALKS
AND DRAINAGE- ARTICLE I, IN GENERAL- SECTION 20-16
BE IT ORDAINED by the Tangipahoa Parish Council, governing authority of
Tangipahoa Parish, State of Louisiana, as follows:
I)
20 M.P.H. Speed Limit Signs be placed in The Rivers Subdivision off Wadesboro Road
in District No. 10
in Accordance With Chapter 20, Streets, Roads, Sidewalks And Drainage - Article I, in
General - Section 20-16.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately
upon signature of the Parish President and all previous ordinances in conflict with said ordinance
are hereby repealed.
The above and foregoing ordinance having been duly submitted to the Tangipahoa Parish
Council in writing; introduced at a public meeting of the Tangipahoa Parish Council; discussed
at the said public hearing; after motion and second was submitted to the official vote of the
Tangipahoa Parish Council.
On motion by Mr. Cortez and seconded by Mrs. Edwards, the foregoing ordinance was
hereby declared adopted on this 22nd day of March, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
S/Carlos Notariano
S/Carla Tate
Clerk of Council
Chairman
INTRODUCED:
March 8, 2010
AMITE TANGI DIGEST PUBLISHED:
March 17,2010
OFFICIAL JOURNAL
ADOPTED:
March 22, 2010
S/Gordon A. Burgess
March 24, 2010
Gordon A. Burgess
Date
Item No. 11 - Adoption of Proposed T.P. Ordinance No. 10-12 - An Ordinance
Approving A 3-Way Stop Sign At Mandella Road And Brickyard Road In District 3 And
Approving A 3-Way Stop Sign At Kraft Lane And Kraft Drive In District No 10 In
Accordance With Chapter 20, Streets. Roads, Sidewalks And Drainage - Article I,· In
General - Section 20-16 -Mr. Notariano made Jmown a public hearing was held on the
foregoing matter and no one from the public asked to address the matter. A motion was
made by Mr. Petitto and seconded by Mr. Bruno to adopt T.P. Ordinance No. 10-12 as
follows:
AN ORDINANCE APPROVING A 3-WAY STOP SIGN AT MANDELLA ROAD AND
BRICKYARD ROAD IN DISTRICT 3 AND APPROVING A 3-WAY STOP SIGN AT
KRAFT LANE AND KRAFT DRIVE IN DISTRICT NO 10 IN ACCORDANCE WITH
CHAPTER 20, STREETS, ROADS, SIDEWALKS AND DRAINAGE - ARTICLE I, IN
GENERAL- SECTION 20-16
Tangipahoa Parish, State of Louisiana, that a 3-way stop sign be placed at
Mandella Road and Brickyard Road in District No. 3 and that a 3-Way stop sign
be placed at Kraft Lane and Kraft Drive in District No. I 0 In Accordance With
Page 8 of
19
MAR 2 2'>2010
Chapter 20, Streets, Roads, Sidewalks And Drainage - Article I, In General Section 20-16
This ordinance having been submitted in writing, having been introduced at a public
meeting of the Tangipahoa Parish Council and after a public hearing, was submitted to an official
vote of said Council.
On motion by Mr. Petitto and seconded by Mr. Bruno, the foregoing ordinance was
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
S/Carla Tate
S/Carlos Notariano
Clerk of Council
Chairman
INTRODUCED:
March 8, 2010
PUBLISHED:
March 17,2010
AMITE TANGI DIGESTOFFICIAL JOURNAL
ADOPTED:
March 22, 2010
S/Gordon A. Burgess
March 24, 2010
Gordon A. Burgess
Date
Item No. 12 - Adoption of Proposed T.P. Ordinance No. 10-13 - "An Ordinance To
Prohibit The Consumption Of Alcoholic Beverages Between The Hours Of2:00 O'clock
A.M. And 6:00 O'clock A.M. At Any Place Where Alcoholic Beverages Of Either High
Or Low Alcoholic Content Are Licensed For Sale" - Mr. Notariano made known a
public hearing was held on the foregoing matter and Mr. Macaluso, Mr. Husser and Mr.
Shillace all addressed the matter during public hearing. A motion was made by Mr.
Cortez and seconded by Mr. Tolar to adopt T.P. Ordinance No. 10-13 as follows:
"AN ORDINANCE TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC
BEVERAGES BETWEEN THE HOURS OF 2:00 O'CLOCK A.M. AND 6:00 O'CLOCK
A.M. AT ANY PLACE WHERE ALCOHOLIC BEVERAGES OF EITHER HIGH OR
LOW ALCOHOLIC CONTENT ARE LICENSED FOR SALE"
WHEREAS, the Tangipahoa Parish Council is of the opinion that the sale of
alcoholic beverages during the early hours of the morning results in the consumption of
alcoholic beverages at a time when many people are already physically tired;
WHEREAS, the combination of being physically tired and consuming alcohol is
likely to result in increased motor vehicle accidents; and
WHEREAS, it is in the best interest of the citizens of Tangipahoa Parish that the
consumption of alcoholic beverages on the premises of an establishment where alcoholic
beverages of either high or low alcoholic content are licensed to be sold at retail between
the hours of 2:00 o'clock a.m. and 6:00 o'clock a.m. should be prohibited.
THEREFORE BE IT ORDAINED by the Tangipahoa Parish Council, the
legislative branch of parish government, as follows:
That Section S-4 of Article I of Chapter 5 of the Code of Ordinances of Tangipahoa
Parish, Louisiana is hereby enacted to read as follows:
Section S-4.
Prohibition On The Consumption Of Alcoholic Beverages Between The Hours Of
2:00 O'clock A.M. And 6:00 O'clock A.M. At Establishments Holding Alcoholic
Beverage Licenses
a)
It shall be unlawful for any person to possess an open container, being
a container containing an alcoholic beverage of either high or low alcoholic
content, or to consume such an alcoholic beverage from an open container at
Page 9 of
19
17
1...S'
'
any establishment where alcoholic beverages of either high or low alcoholic
content are licensed for sale at retail between the hours of 2:00 o'clock a.m.
and 6:00 o'clock a.m. The presence of a person with an open container
containing an alcoholic beverage of either high or low alcoholic content on
the premises of an establishment licensed for the sale of alcoholic beverages
of either high or low alcoholic content shall constitute proof of a violation of
this section.
b)
Whoever violates the provisions of this Section shall be punished by a
fine not exceeding $500.00 or imprisonment for a term not exceeding thirty
(30) days or both by such fme and imprisonment within the discretion ofthe
Court.
c)
As used in this Section, an open container shall consist of any
container, whether glass, metal, wood, plastic or other material containing
any alcoholic beverage of either high or low alcoholic content.
BE IT FURTHER ORDAINED by the Tangipahoa Parish Council that this
ordinance shall take effect thirty (30) days after its promulgation by publication of notice of
its passage one (1) time in the official journal of the Tangipahoa Parish Council-President
Government, being the Amite Tangi Digest.
Parish Council in writing; introduced at a public meetiug of the Tangipahoa Parish
Council; discussed at the said public hearing; after motion and second was submitted to the
official vote of the Tangipahoa Parish Council.
On motion by Mr. Cortez and seconded by Mr. Tolar, the foregoing ordinance was
YEAS: 8 (Tolar, Rick, Bruno, Ridge!, Bankston, Wells, Edwards, Cortez)
NAYS: 1 (Petitto)
ABSENT: NONE
NOT VOTING: NONE
ABSTAINING: 1 (Notariano)
ATTEST:
S/Car1os Notariano
S/Carla Tate
Chairman
Clerk of Council
INTRODUCED:
March 8, 2010
AMITE TANGI DIGESTPUBLISHED:
March 17,2010
OFFICIAL JOURNAL
ADOPTED:
March 22, 2010
S/Gordon A. Burgess
March 24, 2010
Gordon A. Burgess
Date
Item No. 13 - Adoption of Proposed T.P. Ordinance No. 10-14A - "An Ordinance To
Amend. Revise And Re-Enact Sections 5-45 And 5-85 Of Chapter 5 Of The Tangipahoa
Parish Code Of Ordinances Providing For The Closing Hours For Those Establishments
Licensed To Sell Alcoholic Beverages In The Rural Unincomorated Areas Of
Tangipahoa Parish, Louisiana"- Mr. Notariano made known a public hearing was held on
the foregoing matter and Mr. Macaluso, Mr. Husser and Mr. Shillace all addressed the
matter during public hearing. A motion was made by Mr. Cortez and seconded by Mr.
Tolar to adopt T.P. Ordinance No. I0-14A as follows:
T.P. Ordinance No. 10-14A
"AN ORDINANCE TO AMEND, REVISE AND RE-ENACT SECTIONS 5-45 AND 585 OF CHAPTER 5 OF THE TANGIPAHOA PARISH CODE OF ORDINANCES
PROVIDING FOR THE CLOSING HOURS FOR THOSE ESTABLISHMENTS
LICENSED TO SELL ALCOHOLIC BEVERAGES IN THE RURAL
UNINCORPORATED AREAS OF TANGIPAHOA PARISH, LOUISIANA"
WHEREAS, the Tangipahoa Parish Council is of the opinion that the sale of alcoholic
beverages during the early hours of the morning results in the consumption of alcoholic
beverages at a time that many peop.le are already physically tired;
WHEREAS, the combination of consumption of alcoholic beverages and being
Page 10 of
19
MAR 2 2-2010
physically tired results in persons making poor choices due to the amplification of the effects of
alcohol consumption on a person who is physically tired;
WHEREAS, these factors are likely to result in an increased likelihood of persons driving
motor vehicles in an impaired condition and therefore an increased likelihood of mot.or vehicle
accidents;
WHEREAS, the providing for closing hours provides law enforcement agencies with a
respite from the work necessary to patrol the rural and unincorporated areas of the parish
identifying and arresting those individuals who are driving impaired in violation of the law, and
WHEREAS, the current closing hours are confusing as relates to restaurants with a
"Class A-Restaurant" license and establishments selling alcoholic beverages solely for
consumption off the premises.
THEREFORE BE IT ORDAINED by the Tangipahoa Parish Council, the legislative
branch of parish government, as follows:
That Section 5-45 of Chapter 5 of the Code of Or~inances for Tangipahoa Parish,
Louisiana, be and each such provision of this section is hereby amended, revised and re-enacted
so as to read as follows:
Section 5-45. Closing hours.
a) No holder of any retail dealers permit for the sale of alcoholic beverages of high
alcoholic content obtained pursuant to Article II of this chapter and no employee, agent, servant,
permittee or representative of such a permit holder shall sell or allow to be sold any alcoholic
beverage whether for consumption on or off the premises between the hours of2:00 o'clock a.m.
and 6:00 o'clock a.m. Furthermore, no holder of any retail dealers permit for the sale of
alcoholic beverages of high alcoholic content obtained pursuant to Article II of this chapter and
no employee, agent, servant, permittee or representative of such permit holder shall allow any
alcoholic beverages from any source to be consumed on the premises between the hours of 2:00
o'clock a.m. and 6:00 o'clock a.m. of any day.
b) Excepting for the holder of a "Class A-General" retail permit for the sale of alcoholic
beverages of high alcoholic content obtained pursuant to Article II of this chapter and operating a
retail outlet where beverage alcohol is sold on the premises for consumption on the premises by
paying customers, all other permit holders, including but not limited to "Class A-Restaurant"
permit holders may remain open at all times for the sale of any and all other items pennitted by
law excepting alcoholic beverages. However, no holder of any retail dealers permit for the sale
of alcoholic beverages of high alcoholic content obtained pursuant to Article II of this chapter
and/or employee, agent, servant, permittee or representative of such permit holder shall allow
any alcoholic beverages from any source to be consumed on the premises between the hours of
2:00 o'clock a.m. and 6:00 o'clock a.m. of any day.
c) During the hours that the holder of a "Class A-General" retail permit that operates a
retail outlet where beverage alcohol of high alcoholic content is sold on the premises for
consumption on the premises by paying customers is required to be closed, no business shall be
conducted on these premises and no customers, patrons or members of the general public shall be
present on the premises. Any persons located upon the premises during these hours when the
said business is required to be closed, shall be persons engaged in work for the permit holder.
Such workers may be present while engaged in bonafide work however no alcoholic beverages
shall be consumed by any persons working on the premises.
d) Whoever violates the provisions of this section shall be guilty of a misdemeanor
offense punishable by a term of imprisonment of up to thirty (30) days in the parish jail or a fine
of up to $500.00 or both.
e) The violation of the provisions of this section shall also constitute grounds for the
suspension or revocation of any penuit issued pursuant to Article II of Chapter 5 of the
That Section 5-85 of Chapter 5 of the Code of Ordinances for Tangipahoa Parish, Louisiana, be
and each such provision of this section is hereby amended, revised and re-enacted so as to read
as follows:
Section 5-85. Closing hours.
a) No holder of any retail dealers permit for the sale of alcoholic beverages of low
alcoholic content obtained pursuant to Article III of this chapter and no employee, agent, servant,
permittee or representative of such a permit holder shall sell or allow to be sold any alcoholic
beverage whether for consumption on or off the premises between the hours of2:00 o'clock a.m.
·
and 6:00 o'clock a.m. Furthermor.e, no holder of any retail dealers permit for the sale of
alcoholic beverages of high alcoholic content obtained pursuant to Article III of this chapter and
no employee, agent, servant, permittee or representative of such permit holder shall allow
11
19
MAR 2 2 .ZDIO
alcoholic beverages rom any source to be consumed on the premises between the hours of 2:00
o'clock a.m. and 6:00 o'clock a.m.
.
b) Excepting for the holder of a "Class A-General" retail permit for the sale of alcoholic
beverages of! ow alcoholic content obtained pursuant to Article III of this chapter and operating
a retail outlet where beverage alcohol oflow alcoholic content is sold on the premises for
consumption on the premises by paying customers, all other permit holders, including but not .
limited to "Class A-Restaurant" permit holders may remain open at all times for the sale of any
and all other items permitted by law excepting alcoholic beverages. However, no holder of any
retail dealer's permit for the sale of alcoholic beverages oflow alcoholic content obtained
pursuant to Article III of this chapter and/or employee, agent, servant, permittee or representative
of such permit holder shall allow any alcoholic beverages from any source to be consumed on
the premises between the hours of2:00 o'clock a.m. and 6:00 o'clock a.m. of any day.
c) During the hours that the holder of a "Class A-General" retail permit that operates a
retail outlet where beverage alcohol is oflow alcoholic content sold on the premises for
consumption on the premises by paying customers is required to be closed, no business shall be
conducted on these premises and no customers, patrons or members of the general public shall be
present on the premises. Any persons located upon the premises during these hours when the
said business is required to be closed, shall be persons engaged in work for the permit holder.
Such workers holder may be present while engaged in bonafide work however no alcoholic
beverages shall be consumed by any persons working on the premises.
d) Whoever violates the provisions of this section shall be guilty of a misdemeanor
offense punishable by a term of imprisonment of up to thirty (30) days in the parish jail or a fine
of up to $500.00 or both.
e) The violation of the provisions of this section shall also constitute grounds for the
suspension or revocation of any permit issued pursuant to Article III of Chapter 5 of the
BE IT FURTHER ORDAINED by the Tangipahoa Parish Council that all ordinances and
resolutions in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED by the Tangipahoa Parish Council that this ordinance
shall take effect thirty (30) days after its promulgation by publication of notice of its passage one
(1) time in the official journal of the Tangipahoa Parish Council-President Government, being
the Amite Tangi Digest.
YEAS: 8 (Tolar, Rick, Bruno, Ridge!, Bankston, Wells, Edwards, Cortez)
NAYS: 1 (Petitto)
ABSENT: NONE
NOT VOTING: NONE
ABSTAINING: 1 (Notariano)
ATTEST:
S/Carlos Notariano
S/Carla Tate
Chairman
Clerk of Council
INTRODUCED:
March 8, 2010
AMITE TANGIDIGESTPUBLISHED:
March 17, 2010
OFFICIAL JOURNAL
ADOPTED:
March22, 2010
DELNERED TO PRESIDENT: 23rd day of March, 2010 at 9:00A.M.
March 24, 2010
S/Gordon A. Burgess
Gordon A. Burgess
Date
RECENED FROM PRESIDENT: 24th day of March, 2010 at 11:30 A.M.
Item No. 14 - Adoption of Proposed T.P. Ordinance No. 10-14B - "An Ordinance To
Amend. Revise And Re-Enact Sections 5-45 And 5-85 Of Chapter 5 Of The Tangipahoa
Parish Code Of Ordinances Provi~ing For The Closing Hours For Those Establishments
Page 12 of
19
MAR 2 2 -2010
Licensed To Sell Alcoholic Beverages In The Rural Unincorporated Areas Of
Tangipahoa Parish, Louisiana" - Mr. Notariano made known a public hearing was held on
the foregoing matter and Mr. Macaluso, Mr. Husser and Mr. Shillace all addressed the
matter during public hearing. A motion was made by Mr. Petitto adopt T.P. Ordinance
No. 10-14B. **Due to lack of second. The motion to adopt Propose T.P. Ordinance No.
10-14B FAILS**
Item No. 15- Adoption of Proposed T.P. Ordinance No. 10-15- "An Ordinance To Enact
Section 5-1 Of Chapter 5 Of The Tangipahoa Parish Code Of Ordinances To Provide
Definitions For Chapter 5 Of The Tangipahoa Parish Code Of Ordinances As Regulates
Alcoholic Beverage Sales" - Mr. Notariano made known a public hearing was held on the
foregoing matter and Mr. Macaluso, Mr. Husser and Mr. Shillace.all addressed the matter
during public hearing. A motion was made by Mrs. Edwards and seconded by Mr.
Bankston to adopt T.P. Ordinance No. 10-15 as follows:
"AN ORDINANCE TO ENACT SECTION 5-1 OF CHAPTER 5 OF THE
TANGIPAHOA PARISH CODE OF ORDINANCES TO PROVIDE DEFINITIONS
FOR CHAPTER 5 OF THE TANGIPAHOA PARISH CODE OF ORDINANCES AS
REGULATES ALCOHOLIC BEVERAGE SALES"
WHEREAS, Chapter 5 of the Code of Ordinances of Tangipahoa Parish, Louisiana
provides for the regulation of alcoholic beverage sales and is generally based upon the Alcoholic
Beverage Control Law of the State of Louisiana as set forth in Title 26 of the Louisiana Revised
Statute; and
WHEREAS the Tangipahoa Parish Council-President Government wants to be sure that
there is no misunderstanding concerning the rules, regulations and provisions of Chapter 5 of the
Code of Ordinances of Tangipahoa Parish, Louisiana.
That Section 5-l of Article I, Chapter 5 of the Tangipahoa Parish Code of Ordinances
regulating alcoholic beverage sales is hereby enacted to read as follows:
Section 5-1. Definitions
For the purposes of Chapter 5 of the Code of Ordinances of Tangipahoa Parish,
Louisiana, all terms and provisions used in this chapter shall have the same definition and
meaning provided for, contained in and set forth in Title 26 of the Louisiana Revised Statutes, as
amended, unless another definition is clearly provided for herein. This provision shall be
effective as to all portions of Chapter 5 of the Code of Ordinances of Tangipahoa Parish,
Louisiana and including all sections and articles contained within this chapter presently in
existence or hereinafter adopted.
shall take effect thirty (30) days after its promulgation by publication of notice of its passage one
(I) time in the official journal of the Tangipahoa Parish Council-President Government, being
the Amite Tangi Digest.
On motion by Mrs. Edwards and seconded by Mr. Bankston, the foregoing ordinance was
YEAS: 9 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Edwards, Cortez)
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ABSTAINING: I (Notariano)
ATTEST:
S/Carlos Notariano
S/Carla Tate
Chairman
Clerk of Council
Page 13 of
19
21
MAR 2 2 :.2010
. Tangipahoa Parish Council
INTRODUCED:
March 8, 2010
PUBLISHED:
March 17,2010
S/Carla Tate
Clerk of Council
INTRODUCED:
March 8, 2010
PUBLISHED:
March 17,2010
AMITE TANGI DIGESTOFFICIAL JOURNAL
S/Carlos Notariano
Chairman
AMITE TANG! DIGESTOFFICIAL JOURNAL
ADOPTED:
March 22, 2010
S/Gordon A. Burgess
March 24, 2010
Gordon A. Burgess
Date
Item No. 17- Adoption of Proposed T.P. Ordinance No. 10-17- An Ordinance To Grant A
Variance To Ordinance 97-25 Adoption Of State Sanitary Code For Marv Clayton At 15268
Old Genessee Road, Tickfaw, Louisiana. - Mr. Notariano made known a public hearing was
held on the foregoing matter and no one from the public asked to address the matter. A
motion was made by Mr. Ridge] and seconded by Mr. Bruno to adopt T.P. Ordinance No. 1017 as follows:
AN ORDINANCE TO GR.i}NT A V ARJANCE TO ORDINANCE 97-25
ADOPTION OF STATE SANITARY CODE FOR MARY CLAYTON AT 15268
OLD GENES SEE ROAD, TICKFAW, LOUISIANA.
346708.1
14
---c_ _ _ _ _ _ _ _ _ _ _ _ _ _
l l _ __ _ _ _ _
----------------~-----------------------·
----·---------------
~~
-~----------------
MAR 2 2'1010
WHEREAS, Mary Clayton has an existing structure on this .7814 acre of property;
WHERAS, Mary Clayton is faced with a hardship due to the fact that she has no
where to place his manufactured home;
.
WHEREAS, the Clayton property is only .2286 short of requirement and will not be
Government, governing authority of Tangipahoa Parish, State of Louisiana, that a variance to
the Tangipahqa Parish Code of Ordinances, Parish of Tangipahoa, State of Louisiana, be
granted to Mary Clayton to obtain approval to place a second residence and to install an
individual sewer system on this property.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon
signature of the Parish President.
This ordinance having been submitted in writing, having been introduced at a public meeting
of the Tangipahoa Parish Council, discussed at a public hearing of said Council and was
submitted to an official vote of the TPC.
On motion by Mr. Ridge! and seconded by Mr. Bruno, the foregoing ordinance was
Cortez)
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
S/Carla Tate
S/Carlos Notariano
Clerk of Council
Chairman
INTRODUCED:
March 8, 2010
PUBLISHED:
March 17,2010
AMITE TANGIDIGESTOFFICIAL JOURNAL
ADOPTED:
March 22,2010
S/Gordon A. Burgess
March 24, 2010
Gordon A. Burgess
Date
Item No. 18 -Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-18 An
Ordinance Correcting T.P. Ordinance No. 09-86 Adoption Of 2010 Budget Of The
Tangipahoa Parish Convention And Visitors Bureau - A motion was made by Mr. Bruno and
seconded by Mr. Rick to introduce proposed T.P. Ordinance No. 10-18 and set public hearing
for Monday, April 12, 2010 at 5:30P.M. for the purpose of receiving input from the public
Nays: None
Absent: None
Not Voting: None
AN ORDINANCE CORRECTING T.P. ORDINANCE NO. 09-86 ADOPTION
OF 2010 BUDGET OF THE TANGIPAHOA PARISH CONVENTION AND
VISITORS BUREAU
Item No. 19 - Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-19- An
Ordinance Placing Speed Limit Signs On Crossover Road In District No. 3 In Tangipahoa
Parish In Accordance With Chapter 20, Streets, Roads, Sidewalks And Drainage - Article L
In General~ Section 20-16- A motion was made by Mr. Petitto and seconded by Mr. Rick to
introduce proposed T.P. Ordinance No. 10-19 and set public hearing for Monday, April 12,
2010 at 5:30P.M. for the purpose of receiving input from the public on the adoption thereof.
Nays: None
Absent: None
Not Voting: None
346708.1
15
23
MAR 2 2~2010
AN ORDINANCE PLACING SPEED LIMIT SIGNS ON CROSSOVER ROAD IN
DISTRICT NO.3 IN TANGIPAHOA PARISH IN ACCORDANCE WITH CHAPTER 20,
STREETS, ROADS, SIDEWALKS AND DRAINAGE - ARTICLE I, IN GENERAL SECTION 20-16
Item No. 20- Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-20- "An
Ordinance to Enact Article VI of Chapter 5 of the Tangipahoa Parish Code of Ordinances to
Regulate Alcoholic Beverage Consumption in Places of Public Entertainment" - A motion
was made by Mr. Cortez and seconded by Mrs. Edwards to introduce proposed T.P.
Ordinance No. 10-20 and set public hearing for Monday, Aprill2, 2010 at 5:30P.M. for the
purpose of receiving input from the public on the adoption thereof. Roll-call vote was as
follows:
Yeas: 8 (Tolar, Rick, Bruno, Ridge!, Bankston, Wells, Edwards, Cortez)
Nays: I (Petitto)
Absent: None
Not Voting: None
Abstaining: 1 (Notariano)
AN ORDINANCE TO ENACT ARTICLE VI OF CHAPTER OF THE
TANGIPAHOA PARISH CODE OF ORDINANCES TO REGULATE
ALCOHOLIC BEVERAGE CONSUMPTION IN PLACES OF PUBLIC
ENTERTAINMENT"
Item No. 21 -Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-21 - An
Ordinance Amending The Tangipahoa Parish Council-President Government Personnel
Policies - A motion was made by Mr. Ridge! and seconded by Mr. Bruno to introduce
proposed T.P. Ordinance No. 10-21 and set public hearing for Monday, April 12, 2010 at
5:30P.M. for the purpose of receiving input from the public on the adoption thereof. Rollcall vote was as follows:
Nays: None
Absent: None
Not Voting: None
AN ORDINANCE AMENDING THE TANGIPAHOA PARISH
COUNCIL-PRESIDENT GOVERNMENT PERSONNEL POLICIES
Item No. 22- Adoption ofT.P. Resolution No.Rl0-15-Revised 2010 Section 8 Pavment
Standards- A motion was made by Mr. Wells and seconded by Mr. Bankston to adopt T.P.
Resolution No Rl 0-15 as follows:
Whereas, budget cuts for 20 10 have resulted in revising the 20 10
payment standards as required by HUD, that will be implemented by the
Tangipahoa Parish Government Section 8 Housing Choice Voucher Program:
BE IT RESOLVED by the Tangipahoa Parish Council - President
Government, governing authority of Tangipahoa Parish, State of Louisiana that
the following payment standards, as required by HUD, will be implemented by
the Tangipahoa Parish Section 8 Housing Choice Voucher Program effective
April I, 2010:
$466.00
$542.00
$682.00
$ 817.00
$970.00
Efficiency
1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
bl
On motion by Mr. Wells and seconded
Mr. Bankston, the foregoing resolution was hereby
declared adopted by the TPC on this 22" day of March, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
346708.1
16
MAR 2 2.2010
Tangipahoa Parish
Item No. 23 - Discussion of Jr. Feets Road- Mr. Brad Robertson- Mr. Robertson requested
assistance with Jr. Feets Road. Mr. Garafola explained that Jr. Feets Road is a private road
and that the parish can not provide any assistance with maintaining a private road. After a
lengthy discussion, Mr. Garafola stated that he would follow up with Mr. Robertson on the
requirements that have to be met before the foregoing road can be considered to be taken into
the parish maintenance system. Mr. Wells requested that the parish look into the. possibility
of any grants that may be available to provide assistance to those residence in need with .the
maintenance of roads. No action taken.
Item No. 24- Adoption of Louisiana Compliance Questionnaire- A motion was made by Mr.
Wells and seconded by Mr. Tolar to Accept the Louisiana Compliance Questionnaire as
recommended. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
Item No. 25 - Awoint/Re-Awoint Tangipahoa Economic Development District- A motion
was made by Mr. Petitto and seconded by Mr. Bruno appointing Mr. Charles "Boo"
Christmas as Commissioner to the Tangipahoa Economic Development District for the
unexpired term of Heather Williams expiring November 2012. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
Item No. 26 - Appoint/Re-Awoint Tangipahoa Parish Industrial Development Board - A
motion was made by Mr. Tolar and seconded by Mr. Cortez Re-appointing Mr. Cade
Williams as Commissioner to the Tangipahoa Parish Industrial Development Board for his
second term expiring February 2016. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
Item No. 27- Beer, Wine & Liquor Permits- None
Item No. 28 -Legal Matters- None
Item No. 29 - Councilmen's Privileges A motion was made by Mr. Cortez and seconded by Mrs. Edwards to amend the current
agenda by unanimous vote to add the discussion ofT.P. Resolution No. 10-16. Roll-call vote
was as follows:
Yeas: 10 (Tolar, Rick, Petitto, Bruno, Ridgel, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: None
Absent: None
Not Voting: None
A motion was made by Mrs. Edwards and seconded by Mr. Cortez to adopt T.P. Resolution
No Rl0-16 as follows:
RESOLUTION OF COUNCIL SUPPORT FOR RESILIENCY PLANNING GRANT
Whereas, the Tangipahoa Parish Council is interested in helping enforce planning codes and
regulations while also increasing the level of coordinated planning within the parish, and
Whereas, the State LRA has provided an opportunity for Parishes and Cities to apply for
grant funds to be able to pay for additional planning or code enforcement staff for two years
to help to do this, and
Whereas, the Parish of Tangipahoa needs the additional funding necessary to hire any staff
for this additional work
Then, Therefore Be It Resolved, that the Tangipahoa Parish Council do hereby agree to
apply for LRA Community Resiliency grant funds and give the Parish President the authority
to sign the application, contract and related forms associated with the program.
On motion by Mrs. Edwards and seconded by Mr. Cortez, the foregoing resolution
was hereby declared adopted by the 'FPC on this 22"d day of March, 2010 by the following
roll-call vote:
346708. I
17
.
~
25
26
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
S/Gordon A. Bnrgess, President
Tangipahoa Parish
A motion was made by Mrs. Edwards and seconded by Mr. Cortez to amend the cnrrent
agenda by unanimous vote to add the discussion ofT.P. Resolution No. 10-17. Roll-call vote
was as follows:
Nays: None
Absent: None
Not Voting: None
A motion was made by Mrs. Edwards and seconded by Mr. Cortez to adopt T.P. Resolution
No RI0-17 as follows:
A RESOLUTION IN SUPPORT OF PONCHATOULA AREA RECREATION
DISTRICT NO.1 APPLICATION FOR GRANT FUNDS FROM THE FHWA
RECREATIONAL TRAILS PROGRAM OF LOUISIANA
Whereas, the Transportation Equity Act For the 21st Centnry provides funds to the State of
Louisiana for grants to federal, state, local government agencies, non-profit organizations and
commercial entities to acquire, develop and/or maintain motorized trails; and
Whereas, the FHWA Recreational Trails Program for Louisiana (FRTPL) has been
delegated the responsibility for the administration of the program within the state and setting
up necessary procedures governing project application under the program; and
NOW, THEREFORE, BE IT RESOLVED that the Tangipahoa Parish Council does
hereby endorse and support the application being submitted to the FRTPL by the
Ponchatoula Area Recreation District No. 1.
On motion by Mrs. Edwards and seconded by Mr. Cortez, the foregoing resolution
was hereby declared adopted by the TPC on this 22"d day of March, 2010 by the following
roll-call vote:
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
S/Gordon A. Bnrgess, President
Tangipahoa Parish
With no further business appearing, on motion by Mr. Wells and seconded by Mr. Ridge!, the
Tangipahoa Parish Council adjourned.
ATIES~:
~(1~J~\
)Qk
\ Ca;ia Ta , Clerk
346708.\
ct!t:Jt!.:~
18
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......________________ _
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APR 1.2 ~010
PUBLIC HEARING OF THE TANGIPAHOA PARISH COUNCIL ON MONDAY, APRIL 12,2010 AT 5:30
P.M. AT THE TANGIPAHOA PARISH COURTHOUSE ANNEX. 206 EAST MULBERRY STREET,
AMITE, LOUISIANA - Mr. Notariano made known a public hearing was held on Proposed T.P. Ordinance No.
10-18, Proposed T.P. Ordinance No. 10-19, Proposed T.P. Ordinance No. 10-20, Proposed T.P. Ordinance No.
10-21 and no one from the public asked to address the matter
April 12, 2010
The Tangipahoa Parish Council met on the 12th day of April2010 in Regular Session and was called to
The Invocation was given by Mr. Jeff McKneely, and the Pledge of Allegiance by Councilman Lionell
Wells.
The following members were present: Tom Tolar, Tennis Rick, Michael Petitto, Carlo S. Bruno, Howard
G. "Buddy" Ridge!, Ronnie Bankston, Lionell Wells, Carlos Notariano and Bobby Cortez
Absent: Debbie Edwards
Item No. 5 - Cell Phones -Please Mute or Tum Off.
Item No. 6 -Adoption of Minutes - A motion was made by Mr. Tolar and seconded by Mr. Bankston to adopt
the minutes of the Regular Meeting dated March 22, 2010 and that they be dispensed and published in the
Official Journal. With no opposition, motion carried.
Item No. 7 - Public Input - Anyone Wishing to Address Agenda Items which were not on Public Hearing - Mr.
Notariano ask if there was anyone who wished to address any agenda item. No one from the public asked to
Item No.8- Parish President's Report
a)
Possible Discussion <;:>fEquipment Acquisition- None
b)
Approval to seek on Bids or Proposals:
1)
One (1) Hoovercraft- A motion was made by Mr. Rick and seconded by
Mr. Tolar approving the Administration to seek bids for the purchase of One (1) Hoovercraft.
Yeas: 9 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Cortez)
Nays: None
Absent: 1 (Edwards)
Not Voting: None
2)
Animal Control Slide in Unit -A motion was made by Mr. Tolar and
seconded by Mr. Rick approving the Administration to seek bids for the purchase of Animal
Control Slide In Unit. Roll-call vote was as follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
c)
Approve I Reject Bids or Proposals:
1)
Limestone Bids - Mr. Burgess presented the Bid Tabulation as follows to
the TPC and recommended that the bids: be n~ject~;td and r(!-q~d.the foregoing project.
BID OPENING MARCH 26, 2010
LIMESTONE
TANGIPAHOA PARISH LANDFILL
BIDDER NAME
Limestone .Sizes
Martin Marietta Materials
#610 limestone
--
Bid Price Per Ton
FOB!fon
Freight!I'on
Delivered/Ton
$25.00
$12.80
$37.80
#57 limestone
$26.00
$12.80
$38.80
3x1 limestone
$26.50
$12.80
$39.30
Limestone rip rap
$35.00
$12.80
$47.80
A motion was made by Mr. Cortez seconded by Mr. Wells reJectmg the foregomg b1ds and
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APR 1 ·2 ·2010
Nays: None
Absent: 1 (Edwards)
Not Voting: None
d)
Recommendation to Accept into Parish Maintenance System:
I)
Hidden Pines Subdivision Phase II, III & N- Dist. No. 5 2)
River Bend Estates - Dist. No. 4 - A motion was made by Mr. Ridge! and
seconded by Mr. Bankston to Accept Hidden Pines Subdivision Phase II, III & N and River
Bend Estates into the Parish Maintenance System as presented and recommended by the Parish
Road Superintendent. Roll-call vote was as follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
3)
Autumn Trace Subdivision- Dist. No. 8 4)
Timber Ridge Subdivision, Phase I - Dist. No. 8 - A motion was made by
Mr. Ridge! and seconded by Mr. Rick to Accept Autumn Trace Subdivision and Timber Ridge
Subdivision Phase I into the Parish Maintenance System as presented and recommended by the
Parish Road Superintendent. Roll-call vote was as follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
5)
Meadow Ridge Subdivision- Dist. No. 9 -A motion was made by Mr.
Cortez and seconded by Mr. Rick to Accept Meadow Ridge Subdivision into the Parish
Maintenance System as presented and recommended by the Parish Road Superintendent. Rollcall vote was as follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
e)
Recommendation to Begin 2-Year Maintenance Period:
1)
St. Paul Estates Subdivision- Dist. No. 5 -A motion was made by Mr. Ridge!
and seconded by Mr. Bankston to begin the 2-Year Maintenance Period on St. Paul Estates Subdivision
as presented and recommended by the Parish Engineer. Roll-call vote was as follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
2)
Berry Ridge Subdivision- Dist. No. 10- A motion was made by Mr. c'ortez and
seconded by Mr. Wells to begin the 2-Year Maintenance Period on Berry Ridge Subdivision as
presented and recommended by the Parish Engineer. Roll-call vote was as follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
f)
Parish Jail Matters- Mr. Burgess gave a brief update on the expenditures on supplies for
the Tangipahoa Parish Jail and stated that he and Mr. Notariano had met to discuss the recent
study of the JaiL Mr. Notariano stated that after his meeting with Mr. Burgess he has appointed
the following Council members; Mr. Ridgel-Chairman, Mr. Wells, Mr. Tolar and Mr. Notariano
to the Jail Study Committee to look into some of the inadequacies discovered by the Jail
Consultant. Mr. Bruno requested a Year to date financial report of the TPG spending at the
Tangipahoa Parish JaiL Mr. Notariano requested that this report be available before the
Committee meets. Mr. Burgess stated that the Administration was working on such a report and
would have the figures next week. No action taken.
g)
Authorizing Parish President signing of contract for Legal Counsel Parker Layrisson- A
motion was made by Mr. Cortez and seconded by Mr. Wells authorizing the Parish President to
sign a contract with Mr. J. Parker Layrisson, as Legal Counsel handling Adjudicated Properties.
Page 2 of 9
APR 1 2 ·ZOIO
Nays: None
Absent: 1 (Edwards)
Not Voting: None
Mr. Garafola reported to the TPC that the Recycling Project in the Parish has been a great
success.
Item No. 9 - Authorizing Administration to declare computer as surplus - A motion was made by
Mr. Bruno and seconded by Mr. Rick declaring a computer as surplus and donating the computer
to the 5th Ward Justice of the Peace Mrs. Debbie Brunette. Roll-call vote was as follows:
Yeas: 8 (Tolar, Rick, Petitto, Bruno, Ridge!, Wells, Notariano, Cortez)
Nays: None
· • ,,
Absent: 2 (Edwards, Bankston)
Not Voting: None
Item No. 10 - Adoption of Proposed T.P. Ordinance No. 10-18 An Ordinance Correcting T.P.
Ordinance No. 09-86 Adoption Of 2010 Budget Of The Tangipahoa Parish Convention And
Visitors Bureau- Mr. Notariano made known a public hearing was held on the foregoing matter
and no one from the public asked to address the matter. A motion was made by Mr. Bruno and
seconded by Mr. Ridge! to adopt T.P. Ordinance No. 10-18 as follows:
AN ORDINANCE CORRECTING T.P. ORDINANCE NO. 09-86 ADOPTION OF
2010 BUDGET OF THE TANGIPAHOA PARISH CONVENTION AND
VISITORS BUREAU
Tangipahoa Parish, State of Louisiana, that T. P. Ordinance No. 09-86- 2010 Budget of the T. P.
Convention & Visitors Bureau is hereby adopted on the fund basis as follows:
TANGIPAHOA PARISH TOURIST COMMISSION
GENERAL FUND BUDGET
YEAR ENDING DECEMBER 31, 2010
ESTIMATED REVENUES
$
LODGING TAX
650,000
COLLECTION FEES
(32,500)
ACT 11NCOME
500,000
GRANTS
10,000
MISCELLANEOUS INCOME
15,500
INTEREST EARNED
12.000
1,155,000
TOTAL ESTIMATED REVENUES
ESTIMATED EXPENDITURES
311,000
SALARIES & EMPLOYEE BENEFITS
6,000
PAYROLL TAXES
38,000
EMPLOYERS SHARE RETIREMENT
WORKERS COMP INSURANCE
2,000
SPORTS COMPLEX EXPENSE
15,000
642,500
ADV & PROM/TOUR PARTNERSHIP.
10,000
GRANT EXPENDITURES
Page 3 of 9
29
3. o·
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APR 1 2 -2010
20,000
AUTOMOBILE EXPENSE
'12,000
ACCOUNTING AND AUDITING
2,000
COMMISSIONER EXPENSE
INSURANCE
15,000
OFFICE EXPENSE
10,500
REPAIRS & MAINTENANCE
15,000
UTILITIES
30,000
CAPITAL LEASES
6,000
CAPITAL OUTLAY
20,000
1,155,000
TOTAL ESTIMATED EXPENDITURES
$
EXCESS REVENUES OVER EXPENDITURES
upon passage of the Tangipahoa Parish Council and signature of the Parish President and all
previous ordinances in conflict with said ordinance are hereby repealed.
meeting of the Tangipahoa Parish Council and after a public hearing, was submitted to an official
vote of said CounciL
On motion by Mr. Bruno and seconded by Mr. Ridge!, the foregoing ordinance was
hereby declared adopted on this 12th day of April, 2010 by the following roll-call vote:
YEAS: 8 (Tolar, Rick, Petitto, Bruno, Ridge!, Wells, Notariano, Cortez)
NAYS: NONE
ABSENT: 2 (Bankston, Edwards)
NOT VOTING: NONE
ATTEST:
S/Carlos Notariano
S/Carla Tate
Chairman
Clerk of Council
INTRODUCED:
March 22, 2010
PUBLISHED:
April 7, 2010 AMITE TANGI DIGEST- OFFICIAL JOURNAL
ADOPTED:
April12, 2010
DELIVERED TO PRESIDENT: 13th day of April, 2010 at 8:00A.M.
S/Gordon A. Burgess
April 13, 2010
Gordon A. Burgess
Date
Gordon A. Burgess
Date
RECEIVED FROM PRESIDENT: 13th day of April, 2010 at 8:30A.M.
Item No. 11 -Adoption of Proposed T.P. Ordinance No. 10-19- An Ordinance Placing Speed
Limit Signs On Crossover Road In District No. 3 In Tangipahoa Parish In Accordance With
Chapter 20. Streets, Roads, Sidewalks And Drainage - Article I. In General - Section 20-16 - Mr.
Notariano made known a public hearing was held on the foregoing matter and no one from the
public asked to address the matter. A motion was made by Mr. Petitto and seconded by Mr.
Bruno to adopt T.P. Ordinance No. 10-19 as follows:
AN ORDINANCE PLACING SPEED LIMIT SIGNS ON CROSSOVER ROAD
IN DISTRICT NO.3 IN TANGIPAHOA PARISH IN ACCORDANCE WITH
CHAPTER 20, STREETS, ROADS, SIDEWALKS AND DRAINAGE ARTICLE I, IN GENERAL- SECTION 20-16
1)
35 M.P.H. Speed Limit Signs be placed on Crossover Road in District No. 3
in Accordance With Chapter 20, Streets, Roads, Sidewalks And Drainage - Article I, in General Section 20-16.
Page 4 of 9
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·---~--------c----------------
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:APR 1 2 -2DJD
On motion by Mr. Petitto and seconded by Mr. Bruno, the foregoing ordinance was
YEAS: 8 (Tolar, Rick, Petitto, Bruno, Rid gel, Wells, Notariano, Cortez)
NAYS: NONE
NOT VOTING: NONE
ATTEST:
S/Carlos Notariano
S/Carla Tate
Chairman
Clerk of Council
INTRODUCED:
March 22, 20 I 0
PUBLISHED:
April 7, 2010
AMITE TANGI DIGEST- OFFICIAL JOURNAL
ADOPTED:
April12, 2010
S/Gordon A. Burgess
April 13, 2010
Gordon A. Burgess
Date
Gordon A. Burgess
Date
RECEIVED FROM PRESIDENT: 13th day of April, 2010 at 8:30AM.
Item No. 12- Adoption of Proposed T.P. Ordinance No. 10-20- "An Ordinance to Enact Article
VI of Chapter 5 of the Tangipahoa Parish Code of Ordinances to Regulate Alcoholic Beverage
Consumption in Places of Public Entertainment" - Mr. Notariano made known a public hearing
motion was made by Mr. Cortez and seconded by Mr. Tolar to adopt T.P. Ordinance No. 10-20
as follows:
T.P. Ordinance No.l0-20
AN ORDINANCE TO ENACT ARTICLE VI OF CHAPTER OF THE
TANGIPAHOA PARISH CODE OF ORDINANCES TO REGULATE
ALCOHOLIC BEVERAGE CONSUMPTION IN PLACES OF PUBLIC
ENTERTAINMENT"
WHEREAS, there is a legitimate governmental purpose in reducing the incidence of
drunk driving;
WHEREAS, the combination of being physically tired and the consuming of alcoholic
beverages is likely to result in increased motor vehicle accidents; and
WHEREAS, the enactment of Article VI of Chapter 5 of the Tangipahoa Parish Code of
Ordinances will close a loop hole in the existing parish law by regulating public consumption of
alcoholic beverages between the hours of 2:00 o'clock a.m. and 6 o'clock a.m. at places of public
entertainment.
That Article VI of Chapter 5 of the Code of Ordinances of Tangipahoa Parish, Louisiana
is hereby enacted to read as follows:
ARTICLE VI. REGULATION OF ALCOHOLIC BEVERAGE CONSUMPTION AT
PLACES
OF PUBLIC ENTERTAINMENT
Section 5-200. Definitions.
In this article, the following terms shall be defined as follows:
"Alcoholic beverages" means any beverage containing alcohol and defined as an
alcoholic beverage of either high or low alcoholic content in Chapter 26 of the Louisiana
Revised Statutes, as amended.
"Place of Public Entertainment" means a building, structure or other place in which
public entertainment is held or provided but does not include a building or place in respect of
which a license under Articles II or III of this Chapter is in force.
"Public Entertainment" means entertainment specifically including but not limited to
music concerts, recitals, lectures, readings, entertainment on stage, singing, comedy routines,
Page 5 of 9
31
32
APR 12 ~010
cinematography, boxing, wrestling, dancing, the providing of mechanical amusement
devices, karaoke or other amusement or contest is provided which is open to the public
and/or available for use and/or enjoyment by the public and whether admission thereto or
use thereof is or is not procured by the payment of money or on any other condition. This
definition includes restaurants, pool halls, social clubs, bottle clubs and any other
establishment meeting this definition or the definition of a house of public entertainment as
provided at Louisiana Revised Statute 33:1236(6).
"Proprietor" includes the person, company, corporate body, association or entity
leasing or occupying or for the time being having the superintendence, management or legal
control of a place of entertainment and also includes the agent, trustee, manager, employee or
committee of any such person, company, corporate body or association.
Section 5-201. Consumption of alcoholic beverages at a place of public entertainment
between 2:00 o'clock a.m. and 6:00 o'clock a.m. prohibited.
a) It shall be unlawful for any place of public entertainment as defined in this article,
to permit the consumption of alcoholic beverages at his/her/its/their establishment or place of
business in the rural and unincorporated areas of Tangipahoa Parish between the hours of
2:00 o'clock a.m. and 6:00 o'clock a.m.
b) It shall be unlawful for any person to consume alcoholic beverages at any place of
public entertainment between 2:00 o'clock a.m. and 6:00 o'clock a.m of each day. in the rural
and unincorporated areas of Tangipahoa Parish.
Section 5-202. Violation; penalties.
Any person, company, corporate body, association or entity convicted of a violation
of Article VI of Chapter 5 of the Tangipahoa Parish Code of Ordinances shall be guilty of a
misdemeanor crime and shall be punished by a term of imprisonment of up to thirty (30) days
in the parish jail or a fine of up to $500.00 or both. Each incident of a violation of a
provision of Article VI of Chapter 5 shall constitute a separate offense.
BE IT FURTHER ORDAINED BY THE TANGIPAHOA PARISH COUNCIL that
this ordinance shall take effect thirty (30) days after it promulgation by publication of notice
of its passage one (1) time in the official journal of the Tangipahoa Parish Council-President
Government, being the Amite Tangi Digest.
Parish Council in writing; introduced at a public meeting of the Tangipahoa Parish Council;
discussed at the said public hearing; after motion and second was submitted to the official
vote of the Tangipahoa Parish Council.
YEAS: 7 (Tolar, Rick, Bruno, Ridgel, Wells, Notariano, Cortez)
NAYS: 1 (Petitto)
NOT VOTING: NONE
ATTEST:
S/Carlos Notariano
S/Carla Tate
Chairman
Clerk of Council
INTRODUCED:
March 22, 2010
PUBLISHED:
April 7, 2010
AMITE TANGI DIGEST - OFFICIAL JOURNAL
ADOPTED:
April12, 2010
April13, 2010
S/Gordon A. Burgess
Date
Gordon A. Burgess
Gordon A. Burgess
Date
Item No. 13 -Adoption of Proposed T.P. Ordinance No. 10-21 -An Ordinance Amending
The Tangipahoa Parish Council-President Government Personnel Policies - Mr. Notariano
made known a public hearing was held on the foregoing matter and no one from the public
asked to address the matter. A motion was made by Mr. Bruno and seconded by Mr. Tolar to
adopt T.P. Ordinance No. 10-21 as follows:
AN ORDINANCE AMENDING THE TANGIPAHOA PARISH
COUNCIL-PRESIDENT GOVERNMENT PERSONNEL POLICIES
BE IT ORDAINED th~t the Tangipahoa Parish Council-President Government
Personnel Policies are hereby amended as attached and that all previous ordinances in
346708.1
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.. -----·-·---·-----
.APR 1 .2 ~DID
conflict said ordinance are hereby repealed.
BE IT ORDAINED that this ordinance shall become effective immediately upon
signature of the Parish President.
meeting of the Tangipahoa Parish Council, discussed at a public hearing of said Council and
was submitted to an official vote of the TPC.
immediately upon signature of the Parish President and all previous ordinances in conflict
with said ordinance are hereby repealed.
On motion by Mr. Bruno and seconded by Mr. Tolar, the foregoing ordinance was
hereby declared adopted on this 12th day of April, 2010 by the following roll-call vote:·
YEAS: 8 (Tolar, Rick, Petitto, Bruno, Ridge!, Wells, Notariano, Cortez)
NAYS: NONE
NOT VOTING: NONE
ATTEST:
S/Carla Tate
S/Carlos Notariano
Clerk of Council
Chairman
INTRODUCED:
March 22, 2010
PUBLISHED:
April 7, 2010
ADOPTED:
Aprill2, 2010
S/Gordon A. Burgess
April 13, 2010
Gordon A. Burgess
Date
Gordon A. Burgess
Date
Item No. 14- Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-22 - An
Ordinance To Grant A Variance To The Tangipahoa Parish Subdivision Regulations For
Countryside Park Town Homes - A motion was made by Mr. Bruno and seconded by Mr.
Ridge! to introduce proposed T.P. Ordinance No. 10-22 and set public hearing for Monday,
April 26, 2010 at 5:30 P.M. for the purpose of receiving input from the public on the
adoption thereof. Roll-call vote was as follows:
Nays: None
Absent: 2 (Bankston, Edwards)
Not Voting: None
T. P. ORDINANCE NO. 10-22
AN ORDINANCE TO GRANT A VARIANCE TO THE TANGIPAHOA
PARISH SUBDIVISION REGULATIONS FOR COUNTRYSIDE PARK
TOWNHOMES
Item No. 15- Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-23 -An
Ordinance Approving A No Truck Route On Briar Patch Cemetery Road In District No.2 In
Accordance With Chapter 20. Streets, Roads. Sidewalks And Drainage - Article I, In General
-Section 20-12 -A motion was made by Mr. Rick and seconded by Mr. Tolar to introduce
proposed T.P. Ordinance No. 10-23 and set public hearing for Monday, April 26, 2010 at
5:30P.M. for the purpose of receiving input from the public on the adoption thereof. Rollcall vote was as follows:
Nays: None
Not Voting: None
AN ORDINANCE APPROVING A NO TRUCK ROUTE ON BRIAR
PATCH CEMETERY ROAD IN DISTRICT NO. 2 IN ACCORDANCE
WITH CHAPTER 20, STREETS, ROADS, SIDEWALKS AND DRAINAGE
-ARTICLE I, IN GENERA,L- SECTION 20-12
An
Item No. 16 -Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-24Ordinance Placing Speed Limit Signs On Snowball Circle In District No. 2 And Holly Ridge
346708.1
7
33
APR 1 2 -2010
Drive In District No. 8 In Tangipahoa Parish In Accordance With Chapter 20, Streets, Roads,
Sidewalks And Drainage - Article I, In General - Section 20-16 - A motion was made by Mr.
Rick and seconded by Mr. Ridge! to introduce proposed T.P. Ordinance No. 10-24 and set
public hearing for Monday, April 26, 2010 at 5:30P.M. for the purpose of receiving input
from the public on the adoption thereof. Roll-call vote was as follows:
Nays: None
Not Voting: None
AN ORDINANCE PLACING SPEED LIMIT SIGNS ON SNOWBALL
CIRCLE IN DISTRICT NO. 2 AND HOLLY RIDGE DRIVE IN DISTRICT
NO.8 IN TANGIPAHOA PARISH IN ACCORDANCE WITH CHAPTER
20, STREETS, ROADS, SIDEWALKS AND DRAINAGE- ARTICLE I, IN
Item No. 17 -Adoption ofT.P. Resolution No. Rl0-18- Louisiana Community Development
Block Grant (LCDBG) Program Administration and Engineering Costs - A motion was made
by Mr. Wells and seconded by Mr. Ridge! to adopt T.P. Resolution No R10-18 as follows:
A RESOLUTION AUTHORIZING THE PARISH PRESIDENT TO ENTER INTO THE
APPROPRIATE CONTRACT WITH BORDELON, FOREMAN & ASSOCIATES, INC. TO
PROVIDE THE NEEDED ADMINISTRATIVE CONSULTING SERVICES REQUIRED IN THE
COMPLETION OF ONE (1) APPLICATION FOR FUNDING UNDER THE FY2010-2011
LOUISIANA COMMUNITY DEVELOPMENT BLOCK GRANT (LCDBG) PROGRAM; TO
SERVE AS GRANT ADMINISTRATOR IN THE EVENT THE GRANT IS AWARDED; AND,
AUTHORIZING PAYMENT OF ADMINISTRATIVE CONTRACT SERVICES UTILIZING
TANGIPAHOA PARISH GOVERNMENT FUNDS; AND, AUTHORIZING THE PARISH
ENGINEER AND STAFF TO PROVIDE THE NEEDED ENGINEERING SERVICES
REQUIRED IN THE COMPLETION OF SAME APPLICATION FOR FUNDING UNDER THE
FY2010-2011 LCDBG PROGRAM; TO SERVE AS PROJECT ENGINEER IN THE EVENT
THE GRANT IS AWARDED; AND, TANGIPAHOA PARISH GOVERNMENT FUNDS WILL
COVER ALL ENGINEERING COSTS FOR THE PROJECT THROUGH SERVICES OF THE
OFFICE OF THE PARISH ENGINEER.
WHEREAS, the Tangipahoa Parish Government will submit one application to the
Louisiana Division of Administration, Office of Community Development for funding under
the FY2010-2011 Community Development Block Grant (LCDBG) Program for street
improvements in the community of Fluker; and
WHEREAS, completion of the application requires professional administrative
consulting and engineering services to complete the application in accordance with the
LCDBG regulations.
WHEREAS, because the Tangipahoa Parish Government will pay all administrative
and engineering costs in the completion of the application and subsequent
implementation of the project, if funded, the State will award two (2) bonus points to the
final score on the application in its evaluation and scoring of the application.
NOW, THEREFORE BE IT RESOLVED by the Tangipahoa Parish Council that, the
Parish President is hereby authorized to enter into the appropriate contract with Bordelon,
Foreman, & Associates, Inc. to provide the needed administrative services in the
completion ofthe FY2010-2011 LCDBG application; and to serve as the grant administrator
in the event the grant is awarded by the State; and, that the Office of the Parish Engineer
will serve as the project engineer for the completion of the application and for the
implementation of the grant, should it be awarded.
BE IT FURTHER RESOLVED that, in the event the grant is awarded, all grant
administrative and engineering costs will be paid utilizing Tangipahoa Parish Government
funds.
On motion by Mr. Wells and seconded by Mr. Ridge], the foregoing resolution was
hereby declared adopted by the TPC on this 12'h day of April, 2010 by the following roll-call
vote:
YEAS: 8 (Tolar, Rick, Petitto, Bruno, Ridgel, Wells, Notariano, Cortez)
NAYS: None
346708.1
8
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APR 1 2 -2010
NOT VOTING: None
ATTEST:
Tangipahoa Parish
Item No.18 -Discussion of Charter Communications- Mr. Burleigh Soape-Mr. Bankston*PULLED*
Item No. 19- Kentwood SADD Club- Mr. Tolar- *PULLED*
Item No. 20-Beer. Wine & Liquor Permitsa)
D&G's Kountry Komer, 49017 Morris Road, Hammond, La. (Formerly
River Road Convenience)
Myles Gill, III & Charles Domino- A motion was made by Mr.
Ridge! and seconded by Mr. Rick to approve the foregoing Beer, Wine & Liquor Permit
Application as approved by the TPSO. Roll-call was as follows:
Nays: None
Not Voting: None
Item No. 21- Legal Matters
a)
Office of Family Services Building- After a lengthy discussion, A motion
was made by Mr. Cortez and seconded by Mr. Bruno to table the foregoing item until Mr.
Speed could do some research on the ownership and responsibility of the foregoing building.
Yeas: 6 (Tolar, Rick, Bruno, Ridge!, Notariano, Cortez)
Nays: None
Not Voting: 2 (Petitto, Wells)
Item No. 22 - Councilmen's Privileges
Mr. Notariano requested that a letter be sent to the Tangipahoa Parish Sewer District in
regards to a malfunction with a lift station in District No. 8.
With no further business appearing, on motion by Mr. Wells and seconded by Mr. Cortez, the
ATTEST~
J
~ ~ffk J,
••
346708.1
~#'~
Carlos Notariano, Chairman
9
35
36
APR 2 6 2010
PUBLIC HEARING OF THE TANGIPAHOA PARISH COUNCIL ON MONDAY, APRIL 26, 2010 AT 5:30
AMITE, LOUISIANA- Mr. Notariano made known a public hearing was held on Proposed T.P. Ordinance No.
10-23 and Proposed T.P. Ordinance No. 10-24 and no one from the public asked to address the matter
April 12, 2010
The Tangipahoa Parish Council met on the 26th day of April2010 in Regular Session and was called
to order by Carlos Notariano, Chairman, immediately following the public hearing held at 5:30P.M.
The Invocation was given by Councilman Lionell Wells, and the Pledge of Allegiance by
Councilman Bobby Cortez.
The following members were present: Tom Tolar, Tennis Rick, Carlo S. Bruno, Howard G. "Buddy"
Ridge!, Ronnie Bankston, Lionell Wells, Carlos Notariano, Bobby Cortez and Debbie Edwards
Absent: Michael Petitto
Item No.5- Cell Phones- Please Mute or Tum Off.
Item No.6- Adoption of Minutes- A motion was made by Mr. Rick and seconded by Mr. Wells to adopt
the minutes of the Regular Meeting dated April 26, 20 I 0 and that they be dispensed and published in the
Official J oumal. With no opposition, motion carried.
Item No. 7 - Public Input - Anyone Wishing to Address Agenda Items which were not on Public Hearing Mr. Notariano ask if there was anyone who wished to address any agenda item. No one from the public
asked to address any agenda item.
Item No.8 - Parish President's Report
a)
Possible Discussion of Equipment Acquisition:
Mr. Burgess requested approval to Purchase (I) Pickup to tow the Hoovercraft previously
approved which will be purchased by Homeland Security Funds - A motion was made by Mr.
Rick and seconded by Mr. Wells approving the administration to purchase (1) - (1) ton
pickup truck off of state contract from Gerry Lane Chevrolet at the purchase price of
$21,933.00. Roll-call vote was as follows:
Yeas: 9 (Tolar, Rick, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: None
Absent: I (Petitto)
Not Voting: None
b)
Approval to seek on Bids or Proposals: None
c)
I)
Gas Collection System Landfill - Mr. Burgess presented the Bid
Tabulation as follows to the TPC and recommended that the only bid of Tri Con Works, L.P.
at a bid price of$569,372.50 be accepted:
BID OPENING APRIL14, 2010
GAS COLLECTION SYSTEM
TANGIPAHOA PARISH REGIONAL SOLID WASTE FACILITY
GRAND TOTAL COSTS
'BIDDER Name
$569,372.50
Tri Con Works L.P.
A motion was made by Mr. Rick seconded by Mr. Bankston approving the Bid of
$569,372.50 byTri Con Works, LP. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
2)
3-Course Surface Treatment 20 I 0 - Mr. Burgess presented the Bid
Tabulation as follows to the TPC and recommended that the low bid ofW.R. Core LLC at a
bid price of$1,415,~44.40be accepted:
PROJECT NO 10-04-23a
3 COURSE SURFACE TREATMENT 2010
------
BIDDER Name
License#
Barriere Coristruction
6276
Yes
$1,601,258.60
Diamond B Construction
12487
Yes
$1,458,694.38
W. R. Core L.L.C.
1552
Yes
$1,415,244.40
Add#!
TOTAL BID
APR .2 6 2010
A motion was made by Mr. Tolar seconded by Mr. Rick approving the Bid of $1,415,244.40
·
by W.R. Core LLC. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
Phase XV 2010 & 2011 Overlay- Mr. Burgess presented the Bid Tabulation
3)
as follows to the TPC and recommended that the low bid of Diamond B Construction at a bid
price of $5,634,250.30 be accepted:
PROJECT NO 10..04-23
PHASE XV 2010 & 2011 OVERLAY
Add#l,2,3
BIDDER Name
License#
Barriere Construction
6276
Yes
$5,928,027.95
Diamond B Construction
12487
Yes
$5,634,250.30
TOTAL BID
A motion was made by Mrs. Edwards seconded by Mr. Rick approving the Bid of
$5,634,250..30 by Diamond B. Construction. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
Oyster Shells- Mr. Burgess presented the Bid Tabulation as follows to the
4)
TPC and recommended that the only bid ofJoey Oysters, Inc at a bid price of$21.00 cubic
yard be accepted:
BID OPENING APRIL23,.2010
OYSTER SHELLS
OYSTER SHELL TO BE LOADED AND DELIVERED BY
TANGIPAHOAPARlSHGOVERNMENT
PRICES GOOD FROM 4-23-10 THRU 4-23-2011
BIDDER Name
Total Bid
Joey Oysters, Inc.
$21.00 cubic yard
A motiOn was made by Mr. Rick seconded by Mr. Bankston approvmg the Btd of$21.00
cubic yard by Joey Oysters, Inc. Roll-call vote was as follows:
Nays: None
Absent: I (Petitto)
Not Voting: None
5)
House located on Library Site- Mr. Burgess stated that no bids were received
and recommended that the matter be re-bid. A motion was made by Mr. Cortez and seconded
by Mrs. Edwards approving the Administration to Re-Bid the sale and removal of the house
located on the Library site. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
A motion was made by Mr. Bruno and seconded by Mr. Rick to amend the agenda by
unanimous vote to add the matter of approving mitigating wetlands for federal highway
bridge replacement program. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
A motion was made by Mr. Tolar and seconded by Mr. Rick to approve $1,900.00 for
346708.1
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38
APR 2 6 2010
.
mitigating wetlands for federal highway bridge replacement program. Roll-call vote was as
follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
d)
Recommendation to Accept into Parish Maintenance System:
1)
Anderson Estates Subdivision - District 3 - A motion was made by Mr.
Bruno and seconded by Mr. Rick to Table the foregoing matter. Roll-call vote was as
follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
e)
Recommendation to Begin 2-Year Maintenance Period: None
f)
Financial Report -Mr. McKneely presented the TPC with the quarterly
financial report and the amended 2010 budget.
Item No.9- Proclaiming May 1, 2010 as Household Hazardous Waste Recycling Day in
Tangipahoa Parish - A motion was made by Mr. Ridge! and seconded by Mr. Cortez that
May 1, 201 0 be proclaimed Household Hazardous Waste Recycling Day in Tangipahoa
Parish, where they will be taking residential items between the hours of 8:00am -!2:00pm.
Nays: None
Absent: 1 (Petitto)
Not Voting: None
Item No. 10- Adoption of Proposed T.P. Ordinance No. 10-22- An Ordinance To Grant A
Variance To The Tangipahoa Parish Subdivision Regulations For Countryside Park Town
Homes - **PULLED**
Item No. 11 -Adoption of on Proposed T.P. Ordinance No. 10-23- An Ordinance Approving
A No Truck Route On Briar Patch Cemetery Road In District No. 2 In Accordance With
Chapter 20. Streets, Roads, Sidewalks And Drainage- Article I. In General- Section 20-12Mr. Notariano made known a public hearing was held on the foregoing matter and no one
from the public asked to address the matter. A motion was made by Mr. Rick and seconded
by Mr. Tolar to adopt T.P. Ordinance No. 10-23 as follows:
AN ORDINANCE APPROVING A NO TRUCK ROUTE ON BRIAR
PATCH CEMETERY ROAD IN DISTRICT NO. 2 IN ACCORDANCE
WITH CHAPTER 20, STREETS, ROADS, SIDEWALKS AND DRAINAGE .
-ARTICLE I, IN GENERAL- SECTION 20-12
Tangipahoa Parish, State of Louisiana, that Briar Patch Cemetery in District No. 2
Tangipahoa Parish, State of Louisiana be declared a "No Truck Route" in accordance with
Chapter 20, Streets, Roads, Sidewalks And Drainage- Article I, In General- Section 20-12.
This ordinance having been submitted in writing, having been introduced at a public .
meeting of the Tangipahoa Parish Council and after a public hearing, was submitted to an
official vote of said Council.
On motion by Mr. Rick and seconded by Mr. Tolar, the foregoing ordinance was
YEAS: 9 (Tolar, Rick, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
NAYS: NONE
ABSENT: !(Petitto)
NOT VOTING: NONE
ATTEST:
S/Carlos N otariano
S/Carla Tate
Chairman·
Clerk of Council
Tangipahoa
Parish Council
INTRODUCED:
Aprill2, 2010
April21, 2010
PUBLISHED:
346708.1
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··._JJL____ _ _ _ _ _ _ _ _ _ _ ··-----c~--------------·-------~-------------·-----~··-···--····-·---·-
......................... .
APR 2 6 2DtD
ADOPTED:
April26, 2010
DELIVERED TO PRESIDENT: 27th day of April, 2010 at 10:30 A.M.
S/Gordon A. Burgess
April29, 2010
Gordon A. Burgess
Date
RECENED FROM PRESIDENT: 29th day of April, 2010 at 10:00 A.M.
Item No. 12- Adoption of Proposed T.P. Ordinance No. 10-24- An Ordinance Placing
Speed Limit Signs On Snowball Circle In District No. 2 And Holly Ridge Drive In District
No. 8 In Tangipahoa Parish In Accordance With Chapter 20. Streets. Roads, Sidewalks And
Drainage - Article I. In General - Section 20-16 - Mr. Notariano made known a public
hearing was held on the foregoing matter and no one from the public asked to address the
matter. A motion was made by Mr. Rick and seconded by Mr. Ridge! to adopt T.P.
Ordinance No. 10-24 as follows:
AN ORDINANCE PLACING SPEED LIMIT SIGNS ON SNOWBALL
CIRCLE IN DISTRICT NO. 2 AND HOLLY RIDGE DRIVE IN DISTRICT
NO.8 IN TANGIPAHOA PARISH IN ACCORDANCE WITH CHAPTER
20, STREETS, ROADS, SIDEWALKS AND DRAINAGE- ARTICLE I, IN
.
1)
15 M.P.H. Speed Limit Signs be placed on Snowball Circle off of CC Road in
Bedico Meadows Subdivision in District No. 2
2)
15 M.P.H. Speed Limit Signs be placed on Holly Ridge Drive in District No 8
in Accordance With Chapter 20, Streets, Roads, Sidewalks And Drainage - Article I,
in General " Section 20-16.
On motion by Mr. Rick and seconded by Mr. Ridge!, the foregoing ordinance was
NAYS: NONE
ABSENT: l(Petitto)
NOT VOTING: NONE
ATTEST:
S/Carlos Notariano
S/Carla Tate
Chairman
Clerk of Council
INTRODUCED:
Aprill2, 2010
PUBLISHED:
April21, 2010
ADOPTED:
April26, 2010
DELIVERED TO PRESIDENT: 27th day of April, 2010 at 10:30 A.M.
S/Gordon A. Burgess
April29, 2010
Date
Gordon A. Burgess
RECEIVED FROM PRESIDENT: 29th day of April, 2010 at 10:00 A.M.
Item No. 13 -Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10·25 -An
Ordinance Placing Slow Children At Play Signs On Jones Road In District No 10 And
Placing Speed Limit Signs In Bedico Meadows Subdivision In District No. 2 And Placing
Speed Limit Signs At Chartreuse Drive In District No. 2 And A Stop Sign On Wadesboro
Road And Kraft Road In District No. 10 In Tangipahoa Parish In Accordance With Chapter
20, Streets, Roads, Sidewalks And Drainage - Article I. In General - Section 20-16 -Mr.
Cortez requested that the proposed ordinance be amended to a 3-Way Stop sign on
Wadesboro Road and Kraft Road in District No. 10 instead of a stop sign at the intersection.
A motion was made by Mr. Cortez and seconded by Mr. Rick to introduce proposed T.P.
Ordinance No. 10-25 and set public hearing for Monday, May 10, 2010 at 5:30P.M. for the
follows:
346708.1
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39
40
APR 2 6 2010
Yeas: 8 (Rick, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: None
Absent: I (Petitto)
Not Voting:! (Tolar)
AN ORDINANCE PLACING SLOW CHILDREN AT PLAY SIGNS ON JONES
ROAD IN DISTRICT NO 10 AND PLACING SPEED LIMIT SIGNS IN
BEDICO MEADOWS SUBDIVISION IN DISTRICT NO. 2 AND
PLACING SPEED LIMIT SIGNS AT CHARTREUSE DRIVE IN
DISTRICT NO.2 AND A 3-WAY STOP SIGN ON WADESBORO ROAD AND
KRAFT ROAD IN DISTRICT NO. 10 IN TANGIPAHOA PARISH IN
Item No. 14- Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-26- An
Ordinance Amending T.P. Ordinance No. 09-72- 2010 Budget Of The Tangipahoa Parish
Council-President Government - A motion was made by Mr. Cortez and seconded by Mr.
Rick to introduce proposed T.P. Ordinance No. 10-26 and set public hearing for Monday,
May 10, 2010 at 5:30P.M. for the purpose of receiving input from the public on the adoption
thereof. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
AN ORDINANCE AMENDING T.P. ORDINANCE NO. 09-72-2010 BUDGET
OF Tf.IE TANGIPAHOA PARISH COUNCIL-PRESIDENT GOVERNMENT
Item No. 15 - Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-27- An
Ordinance Officially Naming Deluxe Lake Drive In District No. 6. Tangipahoa Parish. State
Of Louisiana In Accordance With Chapter 20, Streets. Roads, Sidewalks And Drainage Article Iii, In General - Section 20-66 - A motion was made by Mr. Bankston and seconded
by Mr. Ridge! to introduce proposed T.P. Ordinance No. 10-27 and set public hearing for
Monday, May 10, 2010 at 5:30P.M. for the purpose of receiving input from the public on the
adoption thereof. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
AN ORDINANCE OFFICIALLY NAMING DELUXE LAKE DRIVE IN ·
DISTRICT NO.6. TANGIPAHOA PARISH, STATE OF LOUISIANA IN
AND DRAINAGE- ARTICLE III, IN GENERAL- SECTION 20-66
Item No. 16- Adoption ofT.P. Resolution No.I0-19- A Resolution Authorizing The Parish
President To Execute Those Documents And Agreements Reguired In The Submission Of
The Application For Funding Under The Hurricane Katrina CDBG-Disaster Recovery
Program To Complete The Communications Infrastructure Improvements Project And
Certifying That The "Urgent Need" National Policy Objective Is Being Met. -A motion was
made by Mrs. Edwards and seconded by Mr. Tolar to adopt T.P. Resolution No RI0-19 as
follows:
T.P. RESOLUTION NO. RI0-19
A RESOLUTION AUTHORIZING THE PARISH PRESIDENT TO EXECUTE
THOSE DOCUMENTS AND AGREEMENTS REQUIRED IN THE SUBMISSION
OF THE APPLICATION FOR FUNDING UNDER THE HURRICANE KATRINA
CDBG-DISASTER
RECOVERY
PROGRAM
TO
COMPLETE
THE
COMMUNICATIONS INFRASTRUCTURE IMPROVEMENTS PROJECT AND
CERTIFYING THAT THE "URGENT NEED" NATIONAL POLICY OBJECTIVE IS
BEING MET.
WHEREAS, the Tangipahoa Parish Government is submitting an application for
funding to complete the Communications Infrastructure Improvements Project under the
Community Development Block Grant (CDBG) Disaster Recovery Program to the Louisiana
Office of Community Development~ Disaster Recovery Unit; and
WHEREAS, in order to apply for such a grant, the Parish must submit its CDBG-
346708.1
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APR 2 6 2010
Disaster Recovery Program application package in compliance with HUD Program
Regulations; and
WHEREAS, such regulations require that the Tangipahoa Parish Government
provide, as part of such package, a certified copy of a resolution which authorizes
submission of the application and designates the Parish President, as the authorized
representative of the Tangipahoa Parish Government, to sign all application documents
and certifications; and
WHEREAS, such regulations further require that the Tangipahoa Parish
Government certify that the activity for which CDBG funds are being requested is to
complete the Communications Infrastructure Improvements Project, which is urgently
needed to alleviate hazardous conditions which pose a serious and immediate threat to
the health or welfare of the Parish; and, is needed as a direct result of the experiences
and damages sustained in Hurricane Katrina; and
WHEREAS, with no other funding source, the monies to undertake the project will
have to be taken from the Parish Government's budget resulting in a critical reduction in
revenues for programs and operations of the Tangipahoa Parish Government.
NOW, THEREFORE, BE IT RESOLVED by the Tangipahoa Parish Council:
SECTION 1: That the submission of the CDBG-Disaster Recovery Program
application package is hereby authorized, with the proceeds from such grant to be used to
complete the Communications Infrastructure Improvements Project;
SECTION 2: That the Parish President, being the chief administrative official of the
Tangipahoa Parish Government, is the authorized representative for the project and as such
is authorized to file an application and any amendments thereto for a CDBG-Disaster
Recovery Program Grant on behalf of the Tangipahoa Parish Government with full authority
to execute all documents pertaining to the project.
SECTION 3: That the Tangipahoa Parish Council hereby certifies that the ftmding
being requested under the CDBG-Disaster Recovery Program will be used to complete
the Communications Infrastructure Improvements Project-a project which is urgently
needed to alleviate conditions which pose a serious and immediate threat to the health or
welfare of the Parish as a result of the experiences and damages sustained in the
Hurricane; and, with no other funding source, the monies to undertake the project would
have to be derived from the Parish's budget resulting in a critical reduction in revenues
for programs and operations of the Tangipahoa Parish Government.
On motion by Mrs. Edwards and seconded by Mr. Tolar, tbe foregoing resolution
was hereby adopted on tbis tbe 26tb day of April, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: 1 (Petitto)
NOT VOTING: NONE
ATTEST:
S/Car!a Tate, Clerk of Council
Tangipahoa Parish
Item No. 17- Adoption ofT.P. Resolution No. 10-20- A Resolution Revising T.P.
Resolution No. 10-12 - A Resolution Autborizing The Parish President To Enter Into The
Required Cooperative Endeavor Agreement CCEA) Witb The Louisiana Division Of
Administration. Office Of Community Development -Disaster Recoverv Unit To Secure
Gustav/Ike Communitv Development Block Grant Disaster Recovery CCDBG-DR) Funds
And To Authorize The Parish President To Sign Any And All Amendment To The CEA As
Required. -A motion was made by Mr. Wells and seconded by Mr. Bankston to adopt T.P.
Resolution No R10-20 as follows:
T.P. RESOLUTION NO. R10-20
REQUIRED COOPERATIVE ENDEAVOR AGREEMENT (CEA) WITH THE
LOUISIANA DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY
DEVELOPMENT - DISASTER RECOVERY UNIT TO SECURE GUSTAV/IKE
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR)
FUNDS AND TO AUTHORIZE THE PARISH PRESIDENT TO SIGN ANY AND ALL
AMENDMENT TO THE CEA AS REQUIRED.
346708.1
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41
APR 2 6 2010
WHEREAS, Tangipahoa Parish Council-President Government has been allocated
Louisiana Community Development Block Grant - Disaster Recovery (CDBG-DR) Program
funds in the Amount of $182,700 for Planning in relation to the recovery efforts from
Hurricanes Gustav and Ike, and;
WHEREAS, the State Government requires the execution of Cooperative Endeavor
Agreement between the State of Louisiana, Division of Administration, Office of Community
Development and Tangipahoa Parish Council-President Government to establish the
guidelines and procedures for the use of the Disaster Recovery funds.
NOW THEREFORE BE IT RESOLVED that the Tangipahoa Parish Council, the
Legislative Branch of the Tangipahoa Parish Council-President Government, the governing·
authority of Tangipahoa Parish, Louisiana, does hereby authorize the Parish President to enter
into the required Cooperative Endeavor Agreement with the Louisiana Division of
Administration Office of Community Development - Disaster Recovery Unit to secure
Gustav/Ike Community Development Block Grant Disaster Recovery (CDBG-DR) .funds,
and;
BE IT FURTHER RESOLVED that the Tangipahoa Parish Council, the Legislative
Branch of the Tangipahoa Parish Council-President Government, the governing authority of
Tangipahoa Parish, Louisiana, does hereby authorize the Parish President to sigu any and all
amendments to the CEA required.
WHEREAS this Resolution shall become effective immediately upon signature of
the Parish President.
On motion by Mr. Wells and seconded by Mr. Bankston, the foregoing
resolution was hereby adopted on this the 26th day of April, 2010 by the following roll-call
vote:
NAYS: NONE.
ABSENT: 1 (Petitto)
NOT VOTING: None
ATTEST:
Tangipahoa Parish
Item No. 18 - Condenmation of Residential Property in Tillman Park - Andy Currier,
Tangipahoa Parish Building Official requested approval to start the Condenmation of property
process on the following (4) residential property locations: 43147 Tillman Drive, Hanunond,
LA, 43152 Tillman Drive, Hanunond, LA, 43237 Tillman Drive, Hammond, LA and 43158
Tillman Drive, Hanunond, LA. A motion was made by Mr. Bankston and seconded by Mr.
Wells approving the Tangipahoa Parish Building Official Office to start the process of
condemning the foregoing (4) residential properties as presented and recommended by the
Tangipahoa Parish Building Official. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
Item No. 19 -Discussion of Charter Communications- Ms. Julie Wedgeworth -Mr. Rick**PULLED** Mr. Rick requested that the matter be pulled until the next scheduled TPC
meeting when a Charter Representative would be in attendance to discuss the foregoing
matter.
Item No. 20- Kentwood SADD Club -Mr. Tolar- **PULLED**
Item No. 21 -Appoint/Re-Appoint Tangipahoa Parish Convention & Visitors Bureau-- A
motion was made by Mr. Bruno and seconded by Mr. Tolar appointing Mr. Tony Paul
Ardillo as Commissioner to the Tangipahoa Parish Convention and Visitors Bureau for his
first term expiring Apri12013. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
A motion was made by Mr. Bruno and seconded by Mr. Rick Re-Appointing Mr. Reggie
Martin as Commissioner to the Tangipahoa Parish Convention and Visitors Bureau for his
second term expiring in Apri12013'. Roll-call vote was as follows:
346708.1
7
APR 2 6 2010
Nays: None
Absent: I (Petitto)
Not Voting: None
Item No. 22 - Appoint/Re-Appoint Tangipahoa Parish Library Board of Control - A motion
was made by Mr. Bruno and seconded by Mr. Tolar Re-Appointing Gloria Vinyard as
Commissioner of the Tangipahoa Parish Library Board of Control for her first full term
expiring in April2015. Roll-call vote was as follows:
Nays: None
Absent: I (Petitto)
Not Voting: None
Item No. 23 - Appoint/Re-Appoint Recreation District No. 39-A- (Independence Area) - A
motion was made by Mr. Bruno and seconded by Mr. Ridge! Re-Appointing Mr. John Polito,
Jr. as Commissioner of the Recreation District No. 39-A (Independence Area) for his second
term expiring in April2015. Roll-call vote was as follows:
Nays: None
Absent: 1 (Petitto)
Not Voting: None
Item No. 24- Beer, Wine & Liquor Permits -None
Item No. 25- Legal Matters
a)
Office of Family Services Building- After discussion, A motion was made by
Mr. Wells and seconded by Mr. Tolar to table the foregoing item until Mr. Speed could do
more research on the ownership and responsibility of the foregoing building. Roll-call vote
was as follows:
Nays: None
Absent: I (Petitto)
Not Voting: None
Item No. 26 - Councilmen's Privileges Mr. Bruno requested that property located on Hyatt Road and Passman Road in District No.4 be
checked for possible cleanup needs.
Mr. Notariano informed the TPC that the Tangi Clean group will be meeting at Carlos Quick Stop on
May 1, 2010 at !O:OOam for a trash bash.
With no further business appearing, on motion by Mr. Wells and seconded by Mr. Cortez, the
A TIES~:
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11
Clerk
346708.1
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43
MAY 1 0 2010
PUBLIC HEARING OF THE TANGIPAHOA PARISH COUNCIL ON MONDAY. MAY 10,2010 AT 5:30
P.M. AT THE TANGIPAHOA PARISH COURTHOUSE ANNEX. 206 EAST MULBERRY STREET.
AMITE. LOUISIANA- Mr. Notariano made known a public hearing was held on Proposed T.P. Ordinance No.
10-25, Proposed T.P. Ordinance No. 10-26 and Proposed T.P. Ordinance No. 10-27 and no one from the public
asked to address the matter
May 10, 2010
The Tangipahoa Parish Council met on the lOth day of May 2010 in Regular Session and was called
The Invocation was given by Councilman Lionell Wells, and the Pledge of Allegiance by
Councilman Carlo S. Bruno.
Howard G. "Buddy" Ridge!, Ronnie Bankston, Lionell Wells, Carlos Notariano and Bobby Cortez
Absent: Debbie Edwards
Item No. 5 - Cell Phones - Please Mute or Tum Off.
Item No. 6 - Adoption of Minutes - A motion was made by Mr. Wells and seconded by Mr. Bankston to
adopt the minutes of the Regular Meeting dated April26, 2010 and that they be dispensed and published in
the Official Journal. With no opposition, motion carried.
Item No. 7 - Public Input - Anyone Wishing to Address Agenda Items which were not on Public Hearing Mr. Notariano ask if there was anyone who wished to address any agenda item. Mr. JeffC!ayhorst, 15505
E. Fendleston Lane, Hammond, LA and Ms. Julie Wedgeworth, 41525 Byers Lane, both wished to address
agenda item No. 21 - Discussion of Charter Communication.
Item No.8- Parish President's Report
a)
Possible Discussion of Equipment Acquisition: None
b)
Approval to seek on Bids or Proposals: None
c)
.Approve I Reject Bids or Proposals: None
d)
e)
Recommendation to Begin 2-Year Maintenance Period: None
f)
Discussion of Anderson Estates Subdivision (Private)- District 3 -A motion
was made by Mr. Petitto and seconded by Mr. Bruno to Approving Anderson Estates
Subdivision as presented and recommended by the Parish President. Roll-call vote was as
follows:
Nays: None
Absent: I (Edwards)
Not Voting: None
Tangipahoa Animal Control Director, Mr. Chippy Fitz informed the TPC that he had been
working on the Government (Municipal) Contracts and all but the following (3), Village of
Tangipahoa, Town of Roseland and City of Ponchatoula had renewed their contracts
therefore service will be discontinued for those (3) Municipalities.
Mr. Fitz also reported the bus that was financed mainly by grants for the Animal Shelter is
now completed and invited the TPC to stop by the Shelter, take a look around and check out
thenewbus.
Item No. 9 - Adoption of Proposed T.P. Ordinance No. 10-25 - An Ordinance Placing Slow
Children At Play Signs On Jones Road In District No 10 And Placing Speed Limit Signs In
Bedico Meadows Subdivision In District No. 2 And Placing Speed Limit Signs At Chartreuse
Drive In District No. 2 And A 3-Way Stop Sign On Wadesboro Road And Kraft Road In District
No. 10 In Tangipahoa Parish In Accordance With Chapter 20, Streets. Roads, Sidewalks And
Drainage- Article I, In General- Section 20-16- Mr. Notariano made known a public hearing
motion was made by Mr. Rick and seconded by Mr. Cortez to adopt T.P. Ordinance No. 1025 as follows:
AN ORDINANCE PLACING SLOW CHILDREN AT PLAY SIGNS ON JONES
ROAD IN DISTRICT NO 10 AND PLACING SPEED LIMIT SIGNS IN
BEDICO MEADOWS SUBDIVISION IN DISTRICT NO. 2 AND
PLACING SPEED LIMIT SIGNS AT CHARTREUSE DRIVE IN
DISTRICT NO.2 AND A 3-WAY STOP SIGN ON WADESBORO ROAD AND
KRAFT ROAD IN DISTRICT NO. 10 IN TANGIPAHOA PARISH IN
BE IT ORDAINED by the Tangipahoa Parish Council, governing authority of Tangipahoa
Parish, State of Louisiana, as follows:
346708.1
1
MAY 1 0 2DJD
I)
Slow Children At Play Signs be placed on Jones Road in District No. 10
2)
20 M.P.H. Speed Limit Signs in Bedico Meadows Subdivision in District No.2
3)
20 M.P.H. Speed Limit Signs in Chartreuse Drive in District No. 2
4)
3 -Way Stop Sign at Wadesboro Road and Kraft Road in District No. 10
upon signature of the Parish President and all previous ordinances in conflict with said ordinance are
hereby repealed.
Council in writing; introduced at a public meeting of the Tangipahoa Parish Council; discussed at the
said public hearing; after motion and second was submitted to the official vote of the Tangipahoa
Parish Council.
On motion by Mr. Rick and seconded by Mr. Cortez, the foregoing ordinance was
hereby declared adopted on this I Oth day of May, 2010 by the following roll-call vote:
YEAS: 9 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Cortez)
NAYS: NONE
ABSENT: 1 (Edwards)
NOT VOTING: NONE
ATTEST:
S/Carlos Notariano
S/Carla Tate
Chairman
Clerk of Council
INTRODUCED:
April26, 2010
PUBLISHED:
May 5, 2010
ADOPTED:
May 10,2010
DELIVERED TO PRESIDENT: 12th day of May, 2010 at 8:00A.M.
May 12,2010
S/Gordon A. Burgess
Date
Gordon A. Burgess
Gordon A. Burgess
Date
RECEIVED FROM PRESIDENT: 12th day of May, 2010 at 10:30 A.M.
Item No. 10- Adoption of Proposed T.P. Ordinance No. 10-26- An Ordinance Amending
T.P. Ordinance No. 09-72 - 2010 Budget Of The Tangipahoa Parish Council-President
Government- Mr. McKneely requested that the adoption of the proposed ordinance be tabled
being that no amendments were being made to the 2010 budget at this time. A motion was
made by Mr. Ridge! and seconded by Mr. Bankston to Table the Adoption of Proposed T.P.
Ordinance No. I 0-26. Roll-call vote was as follows:
Nays: None
Absent: I (Edwards)
Not Voting: None
Item No. II -Adoption of Proposed T.P. Ordinance No. 10-27 -An Ordinance Officially
Naming Deluxe Lake Drive In District No. 6. Tangipahoa Parish, State Of Louisiana In
Accordance With Chapter 20, Streets. Roads, Sidewalks And Drainage - Article Iii. 1n
General - Section 20-66 - Mr. Notariano made known a public hearing was held on the
foregoing matter and no one from the public asked to address the matter. A motion was
made by Mr. Bankston and seconded by Mr. Cortez to adopt T.P. Ordinance No. 10-27 as
follows:
AN ORDINANCE OFFICIALLY NAMING DELUXE LAKE DRIVE IN
DISTRICT NO.6. TANGIPAHOA PARISH, STATE OF LOUISIANA IN
AND DRAINAGE- ARTICLE III, IN GENERAL- SECTION 20-66
Tangipahoa Parish, State of Louisiana, does herby authorize officially renaming Deluxe Lake
Drive in District No. 6.
discussed at the said public hearing~ after motion and second was submitted to the official
346708.1
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45
46
MAY 1 0 2010
On motion by Mr. Bankston and seconded by Mr. Cortez, the foregoing ordinance
was hereby declared adopted on this 1Oth day of May, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: 1 (Edwards)
NOT VOTING: NONE
ATTEST:
S/Car!a Tate
S/Carlos Notariano
Clerk of Council
Chairman
INTRODUCED:
April26, 2010
PUBLISHED:
May 5, 2010
ADOPTED:
May 10,2010
S/Gordon A. Burgess
May 12,2010
Gordon A. Burgess
Date
Gordon A. Burgess
Date
RECEIVED FROM PRESIDENT: 12th day of May, 2010 at 10:30 A.M.
Item No. 12 - Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10- 28 -An
Ordinance To Revise, Amend And Re-Enact Section 19-663 Of Chapter 19 Of The
Tangipahoa Parish Code Of Ordinances To Revise And Amend The Boundaries Of Road
Lighting District Number 5 Of Tangipahoa Parish. Louisiana- ***PULLED****
Item No. 13 -Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-29- "An
Ordinance To Create. Adopt And Enact Chapter 25 Of The Code Of Ordinances For
Tangipahoa Parish. Louisiana And To Be Titled As Fire Prevention And Protection" - A
motion was made by Mr. Bruno and seconded by Mr. Ridge! to introduce proposed T.P.
follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
"AN ORDINANCE TO CREATE, ADOPT AND ENACT CHAPTER 25 OF THE CODE
OF ORDINANCES FOR TANGIPAHOA PARISH, LOUISIANA AND TO BE TITLED
AS FIRE PREVENTION AND PROTECTION"
Item No. 14- Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-30- "An
Ordinance To Enter Into A Intergovernmental Agreement With St. Landry Parish CouncilPresident Government To Purchase Three (3) Balers For The Tangipahoa Parish Landfill"- A
motion was made by Mr. Cortez and seconded by Mr. Petitto to introduce proposed T.P.
follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
"AN ORDINANCE TO ENTER INTO A INTERGOVERNMENTAL AGREEMENT WITH
ST. LANDRY PARISH COUNCIL-PRESIDENT GOVERNMENT TO PURCHASE
THREE(3) BALERS FOR THE TANGIPAHOA PARISH LANDFILL"
Ordinance Placing Speed Limit Signs On East Nickens Road In District No. I 0 In Tangipahoa
Parish In Accordance With Chapter 20, Streets, Roads, Sidewalks And Drainage - Article I. In
General- Section 20-16- A motion was made by Mr. Cortez and seconded by Mr. Bankston to
introduce proposed T.P. Ordinance No. 10-31 and set public hearing for Monday, May 24,
Nays: None
Absent: I (Edwards)
Not Voting: None
346708.1
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AN ORDINANCE PLACING SPEED LIMIT SIGNS ON EAST NICKENS
ROAD IN DISTRICT NO. 10 IN TANGIPAHOA PARISH IN ACCORDANCE
WITH CHAPTER 20, STREETS, ROADS, SIDEWALKS AND DRAINAGE ARTICLE I, IN GENERAL- SECTION 20-16
Item No. 16- Adoption ofT.P. Resolution No.I0-21- A Resolution Authorizing The Parish
President To Sign Any And All Documents In Regards To The Hazard Mitigation Grant
Program (HMGP) And Cooperative Endeavor Agreements -A motion was made by Mr. Rick
and seconded by Mr. Wells to adopt T.P. Resolution No RI0-21 as follows:
T.P. RESOLUTION NO. Rl0-21
REQUIRED COOPERATIVE ENDEAVOR AGREEMENT (CEA) and RELATED
DOCUMENTS WITH VARIOUS AGENCIES IN TANGIPAHOA PARISH IN ORDER TO
SECURE AND EXPEND HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDS
FOR WIND HARDENING/STORM ABATEMENT PROJECTS
WHEREAS, the Tangipahoa Parish Council-President Government has been
allocated HMGP funds in order to harden critical facilities against future wind and storm
damage, and;
WHEREAS, some of these improvements are within corporate town limits on
town/city owned buildings or buildings owned by the School Board or other agency, and the
Parish must have an agreement in place before expending the HMGP funds administered by
Tangipahoa Parish for local building projects. Any improvements made to non-Parish owned
buildings will be maintained and insured by that particular owner of that building.
Legislative Branch of the Tangipahoa Parish Council, does hereby authorize the Parish
President to enter into the required Cooperative Endeavor Agreement with the City of
Hammond, Parish School Board, or appropriate agency in order to move forward in the
HMGP bid and expenditure process, and;
Branch of the Tangipahoa Parish Council-Government, the governing authority of Tangipahoa
Parish, Louisiana, does hereby authorize the Parish President to sign any and all CEAs,
amended CEAs and related documents for this program.
On motion by Mr. Rick and seconded by Mr. Wells, the foregoing resolution was
hereby adopted on this the lOth day of May, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: I (Edwards)
NOT VOTING: NONE
ATTEST:
S/Carlos N otariano, Chairman
Tangipahoa Parish
Item No.17 - Adoption of T.P. Resolution No. 10-22 - A Resolution Authorizing The Parish
President To Sign Any And All Documents In Regards To The Department Of Natural
Resources CDNR) Energy Program And Cooperative Endeavor Agreements - A motion was
made by Mr. Tolar and seconded by Mr. Petitto to adopt T.P. Resolution No Rl0-22 as
follows:
REQUIRED COOPERATIVE ENDEAVOR AGREEMENT (CEA) AND RELATED
DOCUMENTS WITH VARIOUS MUNICIPALITIES IN TANGIPAHOA PARISH IN
ORDER TO SECURE AND EXPEND LA. DEPARTMENT OFNATURALRESOURCES
(DNR) ENERGY EFFICIENCY GRANT PROGRAM FUNDS FOR COMMUNITY
ENERGY EFFICIENCY PROJECTS
WHEREAS, the Tangipahoa Parish Council-President Government has been
allocated $299,000 in DNR grant funds in order to improve energy efficiency of local
buildings or facilities, and;
WHEREAS, some of these improvements are within corporate town limits on
town/city owned buildings or buildings owned by the town agencies, and the Parish must have
.
346708.1
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MAY 1 0 2010
an agreement in place before expending the DNR funds administered by Tangipahoa Parish
for local projects. Any improvements made to non-Parish owned buildings or facilities will be
maintained and insured by that particular owner of that building.
Legislative Branch of the Tangipahoa Parish Council, does hereby authorize the -Parish
President to enter into the required Cooperative Endeavor Agreement with all appropriate ·
local municipal governments in the Parish, in order to move forward in the DNR bid and
expenditure process, and;
Branch of the Tangipahoa Parish Council-Government, the governing authority of Tangipahoa
Parish, Louisiana, does hereby authorize the Parish President to sign any and all CEAs,
amended CEAs and related documents for this program.
On motion by Mr. Tolar and seconded by Mr. Petitto , the foregoing resolution was
hereby adopted on this the 26th day of April, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: I (Edwards)
NOT VOTING: NONE
ATTEST:
Tangipahoa Parish
Item No. 18- Adoption ofT.P. Resolution No.10-23- Entemrise Zone- Walgreen, Louisiana
Company,
2nd Street & Oak (LA 16) Amite, LA 70422 -A motion was made by Mr.
Petitto and seconded by Mr. Rick to adopt T.P. Resolution No R1 0-23 as follows:
T. P. RESOLUTION NO. R10-23
RESOLUTION STATING THE TANGIPAHOA PARISH COUNCIL-PARISH
PRESIDENT GOVERNMENT'S ENDORSEMENT WALGREEN, LOUISIANA
COMPANY, INC (PROJECT NO. 2010-0010) TO PARTICIPATE IN THE BENEFITS
OF THE LOUISIANA ENTERPRISE ZONE PROGRAM
WHEREAS, the Louisiana Enterprise Zone Act of 1981, Act 901 was enacted.by the
Louisiana State Legislature, and Act 337 was enacted by the 1982 Legislature, Act 433 was
enacted by the 1987 Legislature, and Act 581 was enacted by the 1995 Legislature; and
WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for
economic development to some of the most distressed area in Tangipahoa Parish; and
WHEREAS, the Louisiana Department of Economic development designated Census
Tract 9538 Block Group__£_, in Tangipahoa Parish as "Enterprise Zone or Economic
Development Zone" eligible based on enabling legislation (R.S.51.21.1787-1791); and
WHEREAS, the Tangipahoa Parish Council-Parish President Government states this
endorsement is in agreement with the Overall Economic Development Plan for the Parish of
Tangipahoa; and
WHEREAS, in accordance with the Louisiana Enterprise Zone Program
requirements, the Parish of Tangipahoa agrees to:
1)
Participate in the enterprise zone program
2)
Assist the department in evaluating progress made in any enterprise zone
within its jurisdiction
3)
To give priority to the use in the zone or zones of any UDAG or CETA or
CDBG funds received from the federal government
4)
To provide assistance to the Louisiana Department of Economic
Development in certifying employers to be eligible for the benefits of this
program. This would include verification of the location of the business,
number of employees and other verification that would have to be made at
the local level
5)
To REFUND applicable* local sales taxes on the purchase of the material
used in the construction of a building, or any addition or improvement
thereon, for housing any legitimate business enterprise, and machinery and
equipment used in that enterprise. This tax refund would be on materials,
construction and equipment purchased for this project and used by that
business
Inc. -
346708.1
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MAY 1 0 2ll!D
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6)
To cooperate with the Department in reviewing certain regulations which
may serve to discourage economic development within the enterprise
zone. A possible solution may be to establish a special "enterprise zone"
district in local development codes.
7)
To assist the Department in evaluating progress made in any enterprise
zone within its jurisdiction. This would entail a comparative analysis of
conditions in the zone prior to designation (number of workers employed
there and businesses) and conditions some time after designation (six
months or a year, etc.)
8)
To keep the Department informed whenever changes occur within the
zone, i.e., an establishment goes out of business, is destroyed by fire,
flood, etc., new development codes that may affect the zone.
BE IT RESOLVED by the Tangipahoa Parish Council in due, regular and legal
session convened this 11th day of January, 2010 that Walgreen, Louisiana Company, Inc.
and. their expansion project, PROJECT NO. 2010-0010 is endorsed to participate in the
Louisiana Enterprise Zone Program.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or
the application thereof is held invalid, such invalidity shall not affect other provisions, items
or applications of this resolution which can be given effect without the invalid provisions,
items or applications and to this end the provisions of this resolution are hereby declared
severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict
herewith are hereby repealed.
*Applicable sales taxes are defined as all local sales taxes EXCEPT those that are dedicated
to the repayment of a Bond issue or dedicated to ANY public school. If the local government
wishes to endorse the company's project but not to reftmd any of the applicable sales taxes,
then leave Paragraph No. 5 .out of this resolution.
On motion by Mr. Petitto and seconded by Mr. Rick, the foregoing resolution is
hereby adopted on this lOth day of May, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: 1 (Edwards)
NOT VOTING: NONE
ATTEST:
S/Car1a Tate, Clerk of Council
Parish Council
Tangipahoa
Tangipahoa Parish
Item No. 19- Renewal of Salvage Yard Permits- Andy Currier, Tangipahoa Parish Building
Official requested approval of all Salvage Yard Permits with the exception of (2), Kentwood
Auto Salvage and George Road Salvage. A motion was made by Mr. Bruno and seconded by
Mr. Petitto approving all Salvage Yard Permits with the exception of the Kentwood and Auto
Salvage and George Road Salvage as presented and recommended by the Parish Building
Official. Roll-call vote was as follows:
Nays: None
Absent: I (Edwards)
Not Voting: None
Item No. 20 - Discussion of Tangipahoa Parish Convention and Visitors Bureau and
Procedures for appointing Board of Commissioners when less than 10 Member Board - Mr.
Wells requested some type of procedures be put in place on Appointment and Reappointments of Commissioners to Boards with less than ten members. Mr. Speed explained
that appointments do not belong to (1) particular Council member for Board Appointments
but to the TPC Council as a whole. Mr. Speed further explained that any Council member
can make a nomination to any Board but the (1 0) TPC members should vote on the "best
qualified" candidate proposed. No action taken.
Item No. 21 - Discussion of Charter Communications - Ms. Julie Wedgeworth -Mr. RickMr. Nick Pavilis with Charter Communication addressed many inquires from the TPC on
procedures and operations of Charter Communication in Tangipahoa Parish. Mr. Pavilis
stated that while the State of Louisiana is the governing body which regulates Charter
Communications, that Tangipahoa Parish Residence are Charter customers and he would try
346708.1
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MAY 1 0 2010
to accommodate the wishes and concerns of the Residence and the TPC to the best of his
ability.
Mr. Jeff Clayhorst stated his concerns with being provided repairs from the proper home
technicians in a more timely matter. Mr. Clayhorst did commend Charter technicians being
very courteous but never being able to correct the problem without having to have numerous
technicians out to look at the problem and being referred to another technician. Mr. Pavilis
explained that the different technicians have specific job duties but he would look into the
matter of outages being handled in a more timely matter.
Ms. Julie Wedgeworth addressed her concerns of not being provided with Charter service.
Mr. Pavilis responded that Ms. Wedgeworth lived a mile from where Charters lines stop
running on Byers Road and at that the present time it was just not cost efficient to run the
lines any further.
The TPC thanked Mr. Pavilis for attending the meeting and listening to the many concerns
expressed with Charter Communications in Tangipahoa Parish.
Item No. 22 - Appoint/Re-Appoint Tangipahoa Parish Convention & Visitors Bureau Matter Tabled until the next regular scheduled meeting of the TPC.
Item No. 23 - Appoint/Re-Appoint Tangipahoa Economic Development District - Matter
Tabled until the next regular scheduled meeting of the TPC.
Item No.24 - Appoint/Re-Appoint Recreation District No. 5 (Mid-Parish) - A motion was
made by Mr. Ridge! and seconded by Mr. Bruno Re-Appointing Mr. Mark Canienne as
Commissioner of the Recreation District No. 5 (Mid-Parish) for his first full term expiring in
May 13,2015. Roll-call vote was as follows:
Nays: None
Absent: I (Edwards)
Not Voting: None
Item No. 25- Adopt-A-Road- Wadesboro Road (between Kraft & Jones)E-Enviro, Inc- Dist
10 - A motion was made by Mr. Cortez and seconded by Mr. Bankston to approve the
"Adopt-A-Road" contract with E-Enviro, Inc., (1.5) miles of Wadesboro Road between Kraft
Road and Jones Road (including Ponchatoula creek bridge). Roll-call vote was as follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
Item No.26- Adopt- A- Road- C. C. Road- Tangi Clean and Wavne Manieri- A motion was
made by Mr. Rick and seconded by Mr. Tolar to approve the "Adopt-A-Road" contract with
Wayne Maniere and Tangi Clean (2) miles ofC.C. Road. Roll-call vote was as follows:
Nays: None
Absent: I (Edwards)
Not Voting: None
Item No. 27 - Beer, Wine & Liquor Permits
a)
MTZ LLC D/B/A EL Rodeo Music Hall- 47226 Hwy 51 Hammond, LA 70401 (Old
Skating Rink/Superstars)- A motion was made by Mr. Ridge! and seconded by Mr. Bankston
to approve the foregoing Beer, Wine & Liquor Permit Application as approved by the
TPSO. Roll-call was as follows:
Nays: None
Absent: 1 (Edwards)
Not Voting: None
Item No. 28 -Legal Mattersa)
Office of Family Services Building- ***PULLED***
Item No. 29 - Councilmen's Privileges -None
With no further business appearing, on motion by Mr. Rick and seconded by Mr. Wells, the
ATTES~
~~~~~
Tangipah
Parish Council
346708.1
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PUBLIC HEARING OF THE TANGIPAHOA PARISH COUNCIL ON MONDAY, MAY 24,2010 AT 5:30
P.M. AT THE TANGIPAHOA PARISH COURTHOUSE ANNEX 206 EAST MULBERRY STREET
AMITE, LOUISIANA- Mr. Notariano made !mown a public hearing was held on Proposed T.P. Ordinance No.
May 10,2010
The Tangipahoa Parish Council met on the lOth day of May 2010 in Regular Session and was called
The following members were present: Tom Tolar, Carlo S. Bruno, Ronnie Bankston, Carlos
Notariano and Debbie Edwards
Absent: Tennis Rick, Michael Petitto, Howard G. "Buddy" Ridge!, Lionell Wells and Bobby Cortez
Mr. Notariano made !mown that a quorum was not present therefore the TPC could not meet in
regular session. Mr. Notariano stated that because of restrictions of time sensitive matters the TPC
would have to call a Special Meeting for Wednesday, May 26, 2010 at 5:00pm at the Office of
Consolidated Gravity Drainage District No. I, Hwy 51, Tickfaw, Louisiana.
=~,)-&
gipahoa Parish Council
346708.1
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·-···-··---···--···-··-
MAY 2 6 2010
TANGIPAHOA PARISH COUNCIL ON WEDNESDAY. MAY 26. 2010 AT 5:00 P.M. AT THE OFFICE
CONSOLIDATED GRAVITY DRAINAGE DISTRICT NO. l, HWY 51, TICKFAW. LOUISIANA- Mr. Notari
made known a public hearing was held on the Regular Meeting of the Tangipahoa Parish Council on Monday, MayZ'-"
2010 at 5:30P.M. on Proposed T.P. Ordinance No. 10-29, Proposed T.P. Ordinance No. 10-30 and Proposed·
Ordinance No. 10-31 and no one from the public asked to address the matter. Mr. Notariano stated that an additi<
public hearing would not be held but asked that if anyone wishing to speak on any of the foregoing Ordinances coulc
so at the present time. No one from the public asked to address the matter.
May26, 2010
The Tangipahoa Parish Council met on the 26th day of May 2010 in SPECIAL Session and was called to
The Invocation was given by Councilman Lionel! Wells, and the Pledge of Allegiance by Councilwoman
Debbie Edwards.
The following members were present: Tom Tolar, Tennis Rick, Carlo S. Bruno, Howard G. "Buddy"
Ridge!, Lionel! Wells, Carlos Notariano and Debbie Edwards
Absent: Michael Petitto, Ronnie Bankston and Bobby Cortez
Item No. 5 -Cell Phones- Please Mute or Tum Off.
Item No.6- Adoption of Minutes- A motion was made by Mr. Wells and seconded by Mr. ·Rick to adopt the
minutes of the Regular Meeting dated May 10, 2010 and Regular Meeting dated May 24, 2010 and that they be
dispensed and published in the Official Journal. With no opposition, motion carried.
Item No. 7 - Public Input - Anyone Wishing to Address Agenda Items which were not on Public Hearing Notariano ask if there was anyone who wished to address any agenda item. No one from the public asked to
address any agenda item .
. Item No.8 - Parish President's Report
Possible Discussion of Equipment Acquisition:
a)
1)
Rescind previous motion and approve purchase of Truck to tow
Hovercraft- Mr. Mc'Kt!.eely requested that the previous motion made approving
the purchase of One (1) 1 Ton Pickup Truck from Gerry Lane Chrevrolet be rescinded due to
availability. Mr. McKneely also requested approval to purchase One (1) 3/4 Ton Pickup Truck
from Hixson Autoplex off of State Contract for the purchase price of$25,127.00. Following Mr.
McKneely's recommendation, A motion was made by Mrs. Edwards and seconded by Mr. Wells
rescinding the previous motion made authorizing the purchase of One (1) 1 Ton Pickup Truck off
of state contract from Gerry Lane Chevrolet at the purchase price of $21,933.00. Roll-call vote
was as follows:
Yeas: 7 (Tolar, Rick, Bruno, Ridge!, Wells, Notariano, Edwards)
Nays: None
Absent: 3 (Petitto, Bankston, Cortez)
Not Voting: None
A motion was then made by Mr. Rid gel and seconded by Mr. Rick approving the purchase of One
(1) 3/4 Ton Pickup Truck (being paid for by grant and used for the purpose of of towing
Hovercraft) off of State Contract from Hixson Autoplex for the purchase price of $25,127.00.
Nays: None
Not Voting: None
b)
Approval to seek on Bids or Proposals: NONE
c)
I)
Hovercraft- Mr. McKneely presented the Bid Tabulation as follows to the
TPC and recommended that the only bid ofNeoteric Hovercrafts at a bid price of$37,723.04 be
accepted:
BID OPENING MAY 14,2010
ONE (1) NEW & CURRENT PRODUCTION
HOVERCRAFT
BIDDERName
MAKE/MODEL
B!DPRICE
NE01ERICHOVERCRAFTS
PARTIAALY
ASSEMBLED#3726, 2010
MODEL IN 2010 MODEL
VEAR AND TRAJLER
36,598.04
SHIPPING 1125.00
TOTAL B!D$37,723.04
A motion was made by Mr. Wells seconded by Mr. Rick approving the Bid of $37,723.04 by
Neoteric Hovercrafts for the purchase of One (1) New & Current Production Hovercraft being
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51
52
MAY
2 6 2010
paid for through grant funds. Roll-call vote was as follows:
Nays: None
Not Voting: None
2)
Slide in units for Animal Shelter- Mr. McKneely presented the Bid Tabulation as
follows to the TPC and recommended that the low bid of Jackson Creek Mfg. at a bid price of
$6,588.00 each for 5 or more units be accepted:
BID OPENING MAY 14, 2010
FIVE (5) OR MORE
NEW ANIMAL TRANSPORT SLIDE IN UNIT
BIDDER Name
MAKE/MODEL
Deerskin Mfg. Inc.
2010 ACS!45WB
SHIPPING
7500.00 EACH UNIT
400.00 EACH UNITS
(5) UNITS INSTALLED AT
FACTORY $37,500.00
Jackson Creek Mfg.
Diamond Deluxe Modified
$6,588.00 each (5 or more units)
BID PRICE
BM96
Jones Trailer Co.
45,413.20 for 5 uuts
Jones Trailer Co. Slide in
Unit
Jones Trailer
Jones Trailer Co. Slide in
9,082.65 for 1 unit
unit
A motion was made by Mr. Ridge! seconded by Mr. Rick approving the Bid of$6,588.00 by
Jackson Creek Mfg. for the purchase of Five (5) or more New-Animal Transport Slide in units
being paid for through L-GAP funds. Roll-call vote was as follows:
Nays: None
Not Voting: None
d)
Recommendation to Accept into Parish Maintenance System: NONE
e)
Recommendation to Begin 2-Year Maintenance Period: NONE
Item No.9- Proclamation presented to The Way of Holiness Church. Inc. and Bishop Dr.
Christine C. McGee- **PULLED
Item No. 10 - Adoption of Proposed T.P. Ordinance No. 10-29 - "An Ordinance To Create,
Adopt And Enact Chapter 25 Of The Code Of Ordinances For Tangipahoa Parish, Louisiana And
To Be Titled As Fire Prevention And Protection" - Mr. Notariano made known a public hearing
was held on the foregoing matter at the regular TPC meeting dated May 24, 2010 and Special
TPC meeting dated May 26, 2010 and no one from the public asked to address the matter. A
motion was made by Mr. Bruno and seconded by Mr. Rick to adopt T.P. Ordinance No. 10-29 as
follows:
T.P. Ordinance No. Hi-29
"AN ORDINANCE TO CREATE, ADOPT AND ENACT CHAPTER 25 OF
THE CODE OF ORDINANCES FOR TANGIPAHOA PARISH,
LOUISIANA AND TO BE TITLED AS FIRE PREVENTION AND
PROTECTION"
WHEREAS, Louisiana Revised Statute 33:1236(3) grants unto the Tangipahoa Parish
Council-President Government the authority to prohibit or regulate the burning of trash, garbage,
leaves, limbs branches or other debris of any kind;
WHEREAS, the burning of trash, garbage, leaves, limbs, branches or debris of any kind
can create a fire hazard and a nuisance to neighboring property owners and the public; and
WHEREAS, during periods of extreme drought the burning of trash, garbage, leaves,
limbs, branches or debris of any kind can create a fire hazard that is unacceptable.
That Chapter 25 of the Code of Ordinances for Tangipahoa Parish, Louisiana is hereby
created, adopted and enacted to read as follows:
CHAPTER25
FIRE PREVENTION AND PROTECTION
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MAY 2 6 2010
ARTICLE I. IN GENERAL
Section 25-1. Limitation on burning.
a) It shall be unlawful for any person to start or set any fire for the burning of trash,
garbage, leaves, limbs, branches or debris of any kinds within thirty (30) feet of any public road
or neighboring property line.
b) It shall be unlawful for any person to start or set any fire for the burning of trash,
garbage, leaves, limbs, branches or debris of any kind and to then leave this fire unattended while
flames and smoke are still active.
c) Excepting for land clearing fires, it shall be unlawful for any person who starts or sets
any fire for the burning of trash, garbage, leaves, limbs, branches or debris of any kinds to allow
this fire to smolder producing smoke but no flames for a period of time in excess of four (4)
hours.
d) Whoever starts or sets a fire in violation of the provisions of this section shall be guilty
of a misdemeanor crime and shalLbe subject to the penalties provided in Section 1-13 of the Code
of Ordinances of Tangipahoa Parish, Louisiana.
e) If fire is deemed a nuisance or danger to the neighboring properties by fire officials or
law enforcement the fire must be extinguished.
Section 25-2. Burning ban.
a) In the event of a severe drought as declared for all or any portion of Tangipahoa Parish,
Louisiana by the United States Weather Service, the Tangipahoa Parish President shall have the
authority to declare a ban on all outdoor burning and the use of fireworks by the public. In this
event, it shall· be unlawful for any person to start or set an outdoor fire and/or to ignite any
fireworks. There is excepted from this ban any fire set by fire department personnel acting within
the course and scope of their duties to suppress fires and in the case of a controlled fire located
solely within the property boundaries of a commercial and/or industrial plant, works or shop
which is entirely fenced and has personnel on site to monitor and control the fire at all times, day
and night, until it is extinguished.
b) On notification of the Tangipahoa Parish Council and published at least once in the
official journal of the Tangipahoa Parish Council-President Government so as to serve notice to
the public the Parish President may declare a "Bum Ban" for the purpose of property and public
safety for a period as long as deemed necessary.
c) Whoever violates the provisions of this section shall be guilty of a misdemeanor crime
and shall be subject to the penalties provided in Section 1-13 of the Code of Ordinances of
Tangipahoa Parish, Louisiana.
shall take effect immediately upon the declaration of a "Bum Ban" by the Tangipahoa Parish
President for the purposes of property and public safety its being duly promulgated by the
publication of notice of its passage and the ordinance in its entirety One (1) time in the official
journal of the Tangipahoa Parish Council-President Government
Council in writing; introduced at a public meeting of the Tangipahoa Parish Council; discussed at
the said public hearing; after motion and second was submitted to the official vote of the
On motion by Mr. Bruno and seconded by Mr. Rick, the foregoing ordinance was hereby
declared adopted on this 26th day of May, 2010 by the following roll-call vote:
YEAS: 6 (Tolar, Rick, Bruno, Ridge!, Wells, Notariano)
NAYS: 1 (Edwards)
ABSENT: 3 (Petitto, Bankston, Cortez)
NOT VOTING: None
ATTEST:
S/Carlos N otariano
S/Carla Tate
Clerk of Council
Chairman
INTRODUCED:
May 10,2010
May 19,2010
PUBLISHED:
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53
54
MAY 2 6 2010
PUBLIC HEARING: May 24,2010
ADOPTED:
May 26,2010 (SPECIAL MEETING)
May 28,2010
S/Gordon A. Burgess
Gordon A. Burgess
Date
RECEIVED FROM PRESIDENT:28th day of May, 2010 at 2:00P.M.
Item No. 11 -Adoption of Proposed T.P. Ordinance No. 10-30- "An Ordinance To Enter
Into A Intergovermnental Agreement With St. Landrv Parish Council-President Govermnent
To Purchase Three (3) Balers For The Tangipahoa Parish Landfill" - Mr. Notariano made
known a public hearing was held on the foregoing matter at the regular TPC meeting dated
May 24, 2010 and Special TPC meeting dated May 26, 2010 and no one from the public
asked to address the matter. A motion was made by Mr. Tolar and seconded by Mr. Ridge!
to adopt T.P. Ordinance No. 10-30 as follows:
"AN
ORDINANCE
TO
ENTER
INTO
A
INTERGOVERNMENTAL AGREEMENT WITH ST. LANDRY
TO
PARISH
COUNCIL-PRESIDENT
GOVERNMENT
PURCHASE THREE(3) BALERS FOR THE TANGIPAHOA
PARISH LANDFILL"
BE IT ORDAINED by the Tangipahoa Parish Council-President Govermnent, governing
authority of Tangipahoa Parish, State of Louisiana that the action of Tangipahoa Parish
President is hereby authorized to enter into and execute all documents in regards to
Intergovermnental Agreement with St. Landry Parish on the following:
'
. Purchase of three (3) Balers for the Tangipahoa Parish Landfill
On motion by Mr. Tolar and seconded by Mr. Ridge!, the foregoing ordinance was
hereby declared adopted on this 26th day of May, 2010 by the following roll-call vote:
YEAS: 7 (Tolar, Rick, Bruno, Ridgel, Wells, Notariano, Edwards)
NAYS: None
NOT VOTING: None
ATTEST:
S/Carla Tate
S/Carlos Notariano
Chairman
Clerk of Council
INTRODUCED:
May 10,2010
AMITE TANG! DIGEST- OFFICIAL JOURNAL
PUBLISHED:
May 19, 2010
PUBLIC HEARING: May 24, 2010
May 26, 2010 (SPECIAL MEETING)
ADOPTED:
May28, 2010
S/Gordon A. Burgess
Gordon A. Burgess
Date
RECEIVED FROM PRESIDENT:28th day of May, 2010 at 2:00P.M.
Item No. 12- Adoption of Proposed T.P. Ordinance No. 10-31- An Ordinance Placing Speed
Limit Signs On East Nickens Road In District No. 10 In Tangipahoa Parish In Accordance With
Chapter 20. Streets, Roads, Sidewalks And Drainage- Article l, In General - Section 20-16- Mr.
Notariano made known a public hearing was held on the foregoing matter at the regular TPC
meeting dated May 24, 2010 and Special TPC meeting dated May 26, 2010 and no one from
the public asked to address the matter. A motion was made by Mrs. Edwards and seconded
by Mr. Ridge! to adopt T.P. Ordinance No. 10-31 as follows:
AN ORDINANCE PLACING SPEED LIMIT SIGNS ON EAST NICKENS
ROAD IN DISTRICT NO. 10 IN TANGIPAHOA PARlSH IN ACCORDANCE
WITH CHAPTER 20, STRPETS, ROADS, SIDEWALKS AND DRAINAGE ARTICLE I, IN GENERAL- SECTION 20-16
BE IT ORDAINED by the Tangipahoa Parish Council, governing authority of Tangipahoa
346708.1
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MAY 2 6 2010.
Parish, State of Louisiana, as follows:
I)
25 M.P.H. Speed Limit Signs on East Nickens Road in District No. 10
BE IT FURTHER ORDAINED that this ordinance shall become effective innnediately
upon signature of the Parish President and all previous ordinances in conflict with said ordinance are
hereby repealed.
Council in writing; introduced at a public meeting of the Tangipahoa Parish Council; discussed at the
said public hearing; after motion and second was submitted to the official vote of the Tangipahoa
Parish Council.
On motion by Mrs. Edwards and seconded by Mr. Ridge!, the foregoing ordinance
was hereby declared adopted on this 26th day of May, 2010 by the following roll-call vote:
YEAS: 7 (Tolar, Rick, Bruno, Ridge!, Wells, Notariano, Edwards)
NAYS: None
NOT VOTING: None
ATTEST:
S/Carla Tate
S/Carlos N otariano
Clerk of Council
Chairman
INTRODUCED:
May 10, 2010
PUBLISHED:
May 19,2010
PUBLIC HEARING: May 24, 2010
ADOPTED:
·May 26,2010 (SPECIAL MEETING)
S/Gordon A. Burgess
May 28,2010
Gordon A. Burgess
Date
RECENED FROM PRESIDENT:28th day of May, 2010 at 2:00P.M.
Ordinance To Revise. Amend And Re-Enact Section 19-663 Of Chapter 19 Of The
Lighting District Number 5 Of Tangipahoa Parish, Louisiana- **PULLED**
Ordinance to adopt the millage rates for the tax year 2010 for the following taxing districts:
Tangipahoa Parish Alimony (cities), T.P Alimony Tax (rural), T.P. Library #1, T.P. Library
Tax #2, T.P. Health Unit, T.P. Garbage District #1, T.P. Road Lighting District #1, Road
Lighting District #2, Road Lighting District #3, Road Lighting District #4, Road Lighting
District #5, Road Lighting District# 6, Road Lighting District #7, T.P. Fire District #2(1),
and T.P. Fire District #2 (2),T.P. Road District 101, T.P. Road District 101 Sub District I. A motion was made by Mrs. Edwards and seconded by Mr. Rick to introduce propos~d T.P.
Ordinance No. 10-32 and set public hearing for Monday, June 14, 2010 at 5:30P.M. for the
follows:
Nays: None
Not Voting: None
An Ordinance to adopt the millage rates for the tax year 201 0 for the
following taxing districts: Tangipahoa Parish Alimony (cities), T.P Alimony
Tax (rural), T.P. Library #1, T.P. Library Tax #2, TP. Health Unit, T.P.
Garbage District #1, TP. Road Lighting District #1, Road Lighting District
#2, Road Lighting District #3, Road Lighting District #4, Road Lighting
District #5, Road Lighting District# 6, Road Lighting District #7, TP. Fire
District #2(1), and T.P. Fire District #2 (2),T.P. Road District 101, TP. Road
District I 01 Sub District I.
Ordinance Amending And Replacing T.P Ordinance No. 00-13 - Chapter 10 Flood
Prevention And Protection Of The T.P. Code Of Ordinances - Mr. Andy Currier
recommended that the foregoing ordinance be introduced in order to meet the July 22, 2010
deadline. After a lengthy discussion, A motion was made by Mr. Wells and seconded by Mrs.
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56
Edwards to introduce proposed T.P. Ordinance No. 10-33 and set public hearing for Monday,
June 14, 2010 at 5:30P.M. for the purpose of receiving input from the public on the adoption
thereof. Roll-call vote was as follows:
Yeas: 6 (Tolar, Rick, Ridge!, Wells, Notariano, Edwards)
Nays: 1 (Bruno)
Not Voting: None
T. P. ORDINANCE N0.10-33
AN ORDINANCE AMENDING AND REPLACING T.P ORDINANCE
NO. 00-13- CHAPTER 10 FLOOD PREVENTION AND PROTECTION OF
THE T.P. CODE OF ORDINANCES
Ordinance To Grant A Variance To Ordinance 97-25 Adoption Of State Sanitary Code For
Rick Blackwell At 11083 And 11085 General Ott Road, Hammond, Louisiana.- A motion
was made by Mrs. Edwards and seconded by Mr. Tolar to introduce proposed T.P. Ordinance
No. 10-34 and set public hearing for Monday, June 14, 2010 at 5:30P.M. for the purpose of
receiving input from the public on the adoption thereof. Roll-call vote was as follows:
Nays: None
Not Voting: None
AN ORDINANCE TO GRANT A VARIANCE TO ORDINANCE 97-25 ADOPTION OF
STATE SANITARY CODE FOR RICK BLACKWELL AT 11083 AND 11085 GENERAL
OTT ROAD; HAMMOND, LOUISIANA
Item No. 17- Adoption ofT.P. Resolution No.I 0-24- Enterprise Zone- Guico Machine
Works, Inc- 48398 Hwy 51, Tickfaw, LA 70466- District No.5- A motion was made by
Mr. Ridge! and seconded by Mr. Wells to adopt T.P. Resolution No Rl0-24 as follows:
T. P. RESOLUTION NO. R10-24
RESOLUTION STATING THE TANGIPAHOA PARISH COUNCIL-PARISH
PRESIDENT GOVERNMENT'S ENDORSEMENT GUICO MACHINE WORKS, INC
(PROJECT NO. 2008-0010) TO PARTICIPATE IN THE BENEFITS OF THE
LOUISIANA ENTERPRISE ZONE PROGRAM
WHEREAS, the Louisiana Enterprise Zone Act of 1981, Act 901 was enacted by the
Louisiana State Legislature, and Act 337 was enacted by the 1982 Legislature, Act 433 was
enacted by the 1987 Legislature, and Act 581 was enacted by the 1995 Legislature; and
WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for
economic development to some of the most distressed area in Tangipahoa Parish; and
WHEREAS, the Louisiana Department of Economic development designated Census
Tract 9540 Block Group_£_, in Tangipahoa Parish as "Enterprise Zone or Economic
Development Zone" eligible based on enabling legislation (R.S.51.21.1787-1791); and
WHEREAS, the Tangipahoa Parish Council-Parish President Government states this
endorsement is in agreement with the Overall Economic Development Plan for the Parish of
Tangipahoa; and
WHEREAS, in accordance with the Louisiana Enterprise Zone Program
requirements, the Parish of Tangipahoa agrees to:
1)
Participate in the enterprise zone program
2)
Assist the department in evaluating progress made in any enterprise zone
within its jurisdiction
3)
To give priority to the use in the zone or zones of any UDAG or CETA or
CDBG funds received from the federal government
4)
To provide assistance to the Louisiana Department of Economic
Development in certifying employers to be eligible for the benefits of this
program. This would include verification of the location of the business,
number of employees and other verification that would have to be made at
the local level
To REFUND applicable* local sales taxes on the purchase of the material
5)
used in the construction of a building, or any addition or improvement
thereon, for housing any legitimate business enterprise, and machinery and
equipment used in that enterprise. This tax refund would be on materials,
construction and equipment purchased for this project and used by that
business
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MAY 2 6 2010
57
6)
To cooperate with the Department in reviewing certain regulations which
may serve to discourage economic development within the enterprise
zone. A possible solution may be to establish a special "enterprise zone"
district in local development codes.
7)
To assist the Department in evaluating progress made in any enterprise
zone within its jurisdiction. This would entail a comparative analysis of
conditions in the zone prior to designation (number of workers employed
there and businesses) and conditions some time after designation (six
months or a year, etc.)
8)
To keep the Department informed whenever changes occur within the
zone, i.e., an establishment goes out of business, is destroyed by fire,
flood, etc., new development codes that may affect the zone.
BE IT RESOLVED by the Tangipahoa Parish Council in due, regular and legal
session convened this 11th day of January, 2010 that Guico Machine Works, Inc. and their
expansion project, PROJECT NO, 2008-0010 is endorsed to participate in the Louisiana
Enterprise Zone Program.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or
the application thereof is held invalid, such invalidity shall not affect other provisions, items
or applications of this resolution which can be given effect without the invalid provisions,
items or applications and to this end the provisions of this resolution are hereby declared
severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict
herewith are hereby repealed.
*Applicable sales taxes are defined as all local sales taxes EXCEPT those that are dedicated
to the repayment of a Bond issue or dedicated to ANY public school. If the local government
wishes to endorse the company's project but not to refund any of the applicable sales taxes,
then leave Paragraph No. 5 out of this resolution.
On motion by Mr. Ridge! and seconded by Mr. Wells, the foregoing resolution is
hereby adopted on this 26th day of May, 2010 by the following roll-call vote:
NAYS: None
NOT VOTING: None
ATTEST:
Tangipahoa Parish
Item No. 18- Adoption ofT.P. Resolution No. 10-25- Approval of2010 Utility Allowance
Rates for the Tangipahoa Parish Section 8 Housing Choice Voucher Program- A motion was
made by Mr. Wells and seconded by Mr. Rick to adopt T.P. Resolution No Rl 0-25 as ·
follows:
T.P. RESOLUTION NO. R10-25
BE IT RESOLVED by the Tangipahoa Parish Council-President Government, governing
authority of Tangipahoa Parish, State of Louisiana that the Section 8 Housing 2010 Utility
Rates is hereby adopted and kept on file in the Office of the Tangipahoa Parish CouncilPresident Government.
On motion by Mr. Wells and seconded by Mr. Rick, the foregoing resolution was hereby
adopted on this the 26th day of May, 2010 by the following roll-call vote:
NAYS: None
NOT VOTING: None
ATTEST:
Tangipahoa Parish
Item No. 19- Adoption ofT.P. Resolution No. 10-26- Seeking Attorney General's Opinion
of Charter Communication Contract with Tangipahoa Parish Council-President Government
-Mr. Bruno- A motion was made by Mr. Bruno and seconded by Mr. Rick to adopt T.P.
346708.1
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MAY ·2 6 2010
Resolution No R10-26 as follows:
ATTORNEY GENERALS OPINION OF CHARTER COMMUNICATION CONTRACT
WITH TANGIPAHOA PARISH COUNCIL-PRESIDENT GOVERNMENT
WHEREAS, the Tangipahoa Parish Council-President Government has a contract
with Charter Communication for services provided in Tangipahoa Parish and;
WHEREAS, Charter Communications believes that its franchise is now with the State
of Louisiana rather than Tangipahoa Parish Council-President Government as a result of
telecommunications companies seeking statewide franchises rather than parish franchises.
THEREFORE BE IT RESOLVED by the Tangipahoa Parish Council, the legislative
branch of the Tangipahoa Parish Council-President Government, the governing authority of
Tangipahoa Parish, Louisiana as follows
That a legal opinion be requested of the Louisiana Attorney General as to whether the
Tangipahoa Parish Council-President Government has a valid an enforceable contract with
Charter Communications.
On motion by Mr. Bruno and seconded by Mr. Rick, the foregoing resolution was
hereby adopted on this the 26th day of May, 2010 by the following roll-call vote:
NAYS: None
NOT VOTING: None
ATTEST:
S/Carlos Notariano, Chainnan
Tangipahoa Parish
Item No. 20- Adoption ofT.P. Resolution No. 10-27- Road Lighting District No.5 A
Resolution Ordering And Calling A Special Election To Be Held In Road Lighting District
No.5, Tangipahoa Parish. State Of Louisiana (The "District"), On October 2, 2010, For The
Purpose Of Authorizing The Renewal Of A 10 Year, 15 Mill Property Tax For Providing
And Maintaining Electric Lights On The Streets, Roads, Highways, Alleys And Public
Places In Road Lighting District No.5, Commencing January 1, 2011; Making Application
To The Louisiana State Bond Commission; And Providing For Other Matters In Connection
Therewith.- Meeting as the Tangipahoa Parish Council and Road Lighting District No. 5, A
motion was made by Mr. Rick and seconded by Mr. Wells to adopt T.P. Resolution No R1027 as follows:
ROAD LIGHTING DISTRICT NO.5,
TANGIPAHOA PARISH, STATE OF LOUISIANA
The following Resolution was offered by Mr. Rick and seconded by Mr. Wells:
A RESOLUTION ORDERING AND CALLING A SPECIAL ELECTION
TO BE HELD IN ROAD LIGHTING DISTRICT NO. 5, TANGIPAHOA
PARISH, STATE OF LOUISIANA (THE "DISTRICT"), ON OCTOBER 2,
2010, FOR THE PURPOSE OF AUTHORIZING THE RENEWAL OF A 10
YEAR, 15 MILL
PROPERTY TAX FOR PROVIDING AND
MAINTAINING ELECTRIC LIGHTS ON THE STREETS, ROADS,
HIGHWAYS, ALLEYS AND PUBLIC PLACES IN ROAD LIGHTING
DISTRICT NO. 5, COMMENCING JANUARY 1, 2011; MAKING
APPLICATION TO THE LOUISIANA STATE BOND COMMISSION;
AND PROVIDING FOR OTHER MATTERS IN CONNECTION
THEREWITH.
WHEREAS, the Tangipahoa Parish Council, acting as the governing authority of Road
Lighting District No.5, Tangipahoa Parish, State of Louisiana (the "Governing Authority"),
acting as governing authority of Road Lighting District No. 5, Tangipahoa Parish, State of
Louisiana (the "District"), desires to order and call a special election to be held in the District
on October 2, 2010, to authorize the renewal of a 10 year, 15 mill property tax for providing
346708.1
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MAY 2 6 2010
59
and maintaining electric lights on the streets, roads, highways, alleys and public places in the
District, commencing January 1, 2011 (the "Tax"); and
NOW, THEREFORE, BE IT RESOLVED by the Tangipahoa Parish Council, acting as the
governing authority of the District:
SECTION 1.
That, subject to the approval of the State Bond Commission and under
and pursuant to the authority conferred by Article VI, Sections 30 and 32 of the Constitution
of the State of Louisiana of 1974, as amended (the "Constitution"), La. R.S. 48:1308.4 and
the applicable provisions of Chapter 6 and Chapter 6-A of Title 18 of the Louisiana Revised
Statutes of 1950, as amended (the "Election Code"), and other constitutional and statutory
authority, a special election be and the same is hereby called and ordered to be held in the
District on SATURDAY, OCTOBER 2, 2010, between the hours of six (6:00) o'clock a.m.
and eight (8:00) o'clock p.m., in compliance with the provisions of Section 541 ofTitle.18 of
the Louisiana Revised Statutes of 1950, as amended (La. R.S. 18:541), and that at the said
election there shall be submitted to all registered voters in the District qualified and entitled
to vote at the said election under the Constitution and laws of the State of Louisiana and the
Constitution of the United States of America, the following proposition, to-wit:
PROPOSITION
SUMMARY: RENEWAL OF A 10-YEAR, 15 MILL PROPERTY TAX
FOR PROVIDING AND MAINTAINING ELECTRIC LIGHTS ON THE
STREETS, ROADS, HIGHWAYS, ALLEYS AND PUBLIC PLACES IN
ROAD LIGHTING DISTRICT NO. 5.
Shall Road Lighting District No.5, Tangipahoa Parish, State of Louisiana (the
"District"), renew the levy of a fifteen (15) mill tax on all the property subject
to taxation in the District (an estimated $95,435.00 reasonably expected at this
time to be collected from the levy of the Tax for an entire year), for a period
often (1 0) years, beginning with the year 2011 and ending with the year 2021,
for the purpose of providing and maintaining electric lights on the streets,
roads, highways, alleys and public places in the District?
SECTION 2.
That, in accordance with La. R.S. 18:1285, there shall be published in
the "Amite Tangi Digest", a daily newspaper of general circulation within the Parish of
Tangipahoa, Louisiana, published in the Parish of Parish of Tangipahoa, Louisiana, and
being the official journal of the District, once a week for four (4) consecutive weeks, with the
first publication to be made not less than forty-five (45) days nor more than ninety (90) days
prior to the date fixed for election, notice of said election, which notice shall be substantially
in accordance with the Notice of Special Election annexed hereto as Exhibit A and
incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3.
That this Governing Authority shall meet at its regular meeting place,
Tangipahoa Parish Courthouse Annex, 206 Mulberry Street, Amite, Louisiana, on
MONDAY, OCTOBER 25, 2010, at 5:30P.M., and shall then and there in open and public
session proceed to examine and canvas the returns and declare the result of the said special
election, pursuant to Section 1292 of Title 18 of the Louisiana Revised Statutes of 1850, as
amended.
SECTION 4.
That the polling places set forth in the aforesaid Notice of Special
Election and situated within the corporate limits of the District be and the same are hereby
designated as the polling places at which to hold the said election in accordance with Section
1286(A) or Section 1286.1, as the case may be, of Title 18 of the Louisiana Revised Statutes
of 1950, as amended, and the Commissioners-in-Charge and Commissioners, respectively,
will be those persons designated according to law in accordance with Section 1286(A) or
Section 1286.1, as the case may be, of Title 18 of the Louisiana Revised Statutes of 1950, as
amended.
That the officers designated to serve as Commissioners-in-Charge and
SECTION 5.
Commissioners, respectively, pursuant to Section 5 hereof and in accordance with
Section 1286(A) or Section 1286.1, !IS the case may be, of Title 18 of the Louisiana Revised
Statutes of 1950, as amended, or such substitutes therefor as may be selected and designated
in compliance with Section 1287 of Title 18 of the Louisiana Revised Statutes of 1950, as
346708.1
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UA'f 2 6 2010
amended, shall hold the said special election as herein provided, shall make due returns of
said election for the meeting of the Governing Authority to be held on October 25, 2010, and
that the compensation of said officers be and the same is hereby fixed at the sum prescribed
by law. All registered voters in the District are entitled to vote at the said special election
and voting machines shall be used thereat.
SECTION 6.
That the Secretary of this Governing Authority be and he is hereby
empowered, authorized and directed to arrange for and to furnish to said election officers, in
ample time for the holding of said election, the necessary equipment, forms and other
paraphernalia essential to the proper holding of said election.
SECTION 7.
That, in accordance with La. R.S. 18:1285(B)(l), certified copies of
this Resolution shall be forwarded to the Secretary of State, the Commissioner of Elections,
the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish,
and the Registrar of Voters in and for the Parish, as notification of the special election herein
called in order that each may prepare for said election and perform their respective functions
as required by law.
SECTION 8.
That application be and the same is hereby formally authorized to be
made to the State Bond Commission for consent and authority to hold the aforesaid special
election as herein provided, and that a certified copy of this Resolution shall be forwarded to
the State Bond Commission on behalf of this Governing Authority, together with a letter
requesting the prompt consideration and approval of said application.
SECTION 9. That pursuant to Section 1415 of Title 33 of the Louisiana Revised Statutes
of 1950, as amended, application is hereby formally authorized to be made for the approval
of the Tangipahoa Parish Council, as the governing authority of the Parish of Tangipahoa,
State of Louisiana.
SECTION 10.
That pursuant to the provisions of Act No. 768 of the 2006 Regular
Session of the Louisiana Legislature, being La. R.S. 18:1284(C), an estimated $95,435.00 is
reasonably expected at this time to be collected from the levy of the Tax for this entire year.
This Resolution having been submitted to a vote, the vote thereon was as follows:
NAYS: None
ABSTAIN: None
And the Resolution was declared adopted on this, the 26th day of May, 2010.
S/ Carlos N otariano
S/ Carla Tate
Carla Tate, Clerk of Council
S/J eff McKneely
Jeff McKneely Signing As Acting Parish President
For Gordon A. Burgess, Parish President
EXHIBIT A
NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a Resolution adopted on April26, 2010 by the Tangipahoa
Parish Council (the "Governing Authority"), acting as the governing authority of Road
Lighting District No.5, Tangipahoa Parish, State of Louisiana (the "District"), NOTICE IS
HEREBY GIVEN that a special election will be held in the District on SATURDAY,
OCTOBER 2, 2010, and that at the said election there will be submitted to all registered
voters of the District, qualified and entitled to vote at the said election under the Constitution
and laws of the State of Louisiana and the Constitution of the United States of America, the
following proposition, to-wit:
PROPOSITION
346708.1
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~AY 2 6 Z010
SUMMARY: RENEWAL OF A 10-YEAR, 15 MILL PROPERTY TAX
FOR PROVIDING AND MAINTAINING ELECTRIC LIGHTS ON THE
STREETS, ROADS, HIGHWAYS, ALLEYS AND PUBLIC PLACES IN
ROAD LIGHTING DISTRICT NO. 5.
Shall Road Lighting District No.5, Tangipahoa Parish, State of Louisiana (the
"District"), renew the levy of a fifteen (15) mill tax on all the property subject
to taxation in the District (an estimated $95,435.00 reasonably expected at this
time to be collected from the levy of the Tax for an entire year), for a period
often (10) years, beginning with the year 2011 and ending with the year 2021,
for the purpose of providing and maintaining electric lights on the streets,
roads, highways, alleys and public places in the District?
The said special election will be held at the following polling places situated within
the corporate limits of the District, which polls will open at six (6:00) o'clock a.m., and close
at eight (8:00) o'clock p.m., in compliance with the provisions of Section 541 of Title 18 of
the Louisiana Revised Statutes of 1950, as amended (La. R.S. 18:541), to-wit:
POLLING PLACE
PRECINCT
Precinct 044 (PART OF)
Hammond Area Vocational School, 111 Pride Ave., Hammond
Precinct 120B (PART OF)
Precinct 143 (PART OF)
The polhng places set forth above and situated Within the corporate hmits of the District be
and the same are hereby designated as the polling places in which to hold the said special
election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those
persons designated according to law pursuant to Section 1286(A) or Section 1286.1, as the
case may be, of Title 18 of the Louisiana Revised Statutes of 1950, as amended.
The said special election will be held in accordance with the applicable provisions of
Chapter 5, Chapter 6 and Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950,
as amended, and other constitutional and statutory authority supplemental thereto, and the
officers appointed to hold the said election, as provided in this Notice of Special Election, or
such substitutes therefor as may be selected and designated in accordance with Section 1287
of Title 18 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 18:1287), will
make due returns thereof to the Governing Authority, and NOTICE IS HEREBY FURTHER
GIVEN that said Governing Authority will meet at its regular meeting place, Tangipahoa
Parish Courthouse Annex, 206 Mulberry Street, Amite, Louisiana, on MONDAY,
OCTOBER 25,2010, at 5:30P.M., and will then and there in open and public session
proceed to examine and canvass the returns and declare the result of the special election. All
registered voters in the District are entitled to vote at said special election and voting
machines will be used thereat.
THUS DONE AND SIGNED at Amite, Louisiana, on this, the 26th day of May, 2010.
S/ Carlos N otariano. Chainnan
ATTEST:
S/Carla Tate. Clerk of Council
STATE OF LOUISIANA PARISH OF TANGIPAHOA
I, the undersigned Clerk of the Tangipahoa Parish Council, acting as the governing
authority of Road Lighting District No. 5, Tangipahoa Parish, State of Louisiana (the
"District") do hereby certify that the foregoing constitutes a true and correct copy of a
Resolution adopted by the District on May 26, 201 0, ordering and calling a special election
to be held in Road Lighting District No. 5, Tangipahoa Parish, State of Louisiana (the
"District"), on October 2, 2010, for the purpose of authorizing the renewal of a 10 year, 15
mill property tax for providing and maintaining electric lights on the streets, roads, highways,
alleys and public places in the District, commencing January 1, 20 II; making application to
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the Louisiana State Bond Commission; and providing for other matters in connection
therewith
I further certify that this Resolution has not been amended or rescinded.
IN WITNESS WHEREOF, I have subscribed my official signature as Clerk of the
Tangipahoa Parish Council, acting as governing authority of the District on this, the 26th day
ofMay, 2010.
•
Item No. 21- Adoption ofT.P. Resolution No. 10-28- A Resolution Granting Approval To
Road Lighting District No. 5, Tangipahoa Parish, State Of Louisiana, To Call And Hold An
Election On October 2. 2010, To Authorize The Renewal Of A 10 Year, 15 Mill Property
Tax For Providing And Maintaining Electric Lights On The Streets. Roads, Highways,
Alleys And Public Places In Road Lighting District No.5, Commencing January 1, 2011;
Making Application To The Louisi"ana State Bond Commission; And Providing For Other
Matters In Connection Therewith. - Meeting as the Tangipahoa Parish Council and Road
Lighting District No. 5, A motion was made by Mr. Rick and seconded by Mr. Ridge! to
adopt T.P. Resolution No Rl0-28 as follows:
PARISH COUNCIL OF THE PARISH OF TANGIPAHOA,
STATE OF LOUISIANA
The following Resolution was offered by Mr. Rick and seconded by Mr. Ridge!:
T.P. RESOLUTION NO. 10-28
A RESOLUTION GRANTING APPROVAL TO ROAD LIGHTING
DISTRICT NO.5, TANGIPAHOA PARISH, STATE OF LOUISIANA, TO
CALL AND HOLD AN ELECTION ON OCTOBER 2, 2010, TO
AUTHORIZE THE RENEWAL OF A 10 YEAR, 15 MILL PROPERTY
TAX FOR PROVIDING AND MAINTAINING ELECTRIC LIGHTS ON
THE STREETS, ROADS, HIGHWAYS, ALLEYS AND PUBLIC PLACES
IN ROAD LIGHTING DISTRICT NO. 5, COMMENCING JANUARY 1,
2011; MAKING APPLICATION TO THE LOUISIANA STATE BOND
COMMISSION; AND PROVIDING FOR OTHER MATTERS .IN
CONNECTION THEREWITH.
WHEREAS, Road Lighting District No. 5, Tangipahoa Parish, State of Louisiana (the
"District") will, on April26, 2010, consider a resolution ordering and calling a special
election to be held in the District on October 2, 2010, for the purpose of renewing a 10 year,
15 Mill property tax for providing and maintaining electric lights on the streets, roads,
highways, alleys and public places in the District, commencing January 1, 2011 (the "Tax"),
all in the manner conferred by Article VI, Sections 30 and 32 of the Louisiana Constitution
of 1974, as amended, La. R.S. 48:1308.4 and the applicable provisions of Chapter 6 and
Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other
constitutional and statutory authority (the "District Resolution"), a copy of which is on file
with the Parish Council of the Parish of Tangipahoa, State of Louisiana, as governing
authority of the Parish of Tangipahoa, State of Louisiana (the "Parish Council");
WHEREAS, the District has made application to the Parish Council for approval to call
and hold such election on October 2, 2010, as more fully set forth in the District Resolution;
WHEREAS, Article VI, Section 15 of the Louisiana Constitution of 1974, as amended, and
Section 1415 of Title 33 of the Louisiana Revised Statutes of 1950, as amended, grants
power to the Parish Council to approve any proposal submitted by the District to levy a tax;
NOW, THEREFORE, BE IT RESOLVED by the Parish Council, as the governing
authority of the Parish of Tangipahoa, State of Louisiana, that:
SECTION 1. Pursuant to a request submitted to this Parish Council by the District,
approval is hereby granted to the District to call and hold an election on October 2, 2010, for
the purpose of renewing of a 10 year, 15 mill property tax for providing and maintaining
electric lights on the streets, roads; highways, alleys and public places in the District,
commencing January 1, 2011 (the "Tax"), in the manner conferred by Article VI, Sections 30
and 32 of the Louisiana Constitution of 1974, as amended, La. R.S. 48:1308.4 and the
346708.1
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~AY ~ 6 2010
applicable provisions of Chapter 6 and Chapter 6-A of Title 18 of the Louisiana Revised
Statutes of 1950, as amended, and other constitutional and statutory authority and as more
fully set forth in the District Resolution.
SECTION 2. In the event the foregoing proposition passes, approval, consent and
authority are hereby granted to the District to levy and collect the Tax described in Section I
hereof.
SECTION 3. This approval is granted in compliance with the provisions of Article
VI, Section 15 of the Louisiana Constitution of 1974, as amended, and Section 1415 of Title
33 of the Louisiana Revised Statutes of 1950, as amended.
This Resolution shall take effect immediately.
This resolution having been submitted to a vote, the vote thereon was as follows:
NAYS: None
And the Resolution was declared adopted on this the 26th day of May, 2010.
S/Carla Tate
S/Carlos Notariano
Carla Tate, Council Clerk
Carlos Notariano, Council Chairman
S/JeffMcKneely
Jeff McKneely Signing as Acting Parish President
For Gordon A. Burgess, Parish President
Item No. 22 - Authorize Clerk to seek proposals of Official Journal for TPC for period
beginning July!, 2010 and ending June 30, 2011.- A motion was made by Mr. Tolar and
seconded by Mr. Wells authorizing the Clerk to seek proposals of the Official J oumal for the
TPC for period beginning July I, 2010 through June 30,2011. Roll-call vote was as follows:
Nays: None
Not Voting: None
Item No. 23 - Salvage Yard Permitting Process - Danny Long - Mr. Long questioned the
$150.00 per year fee put in place for Salvage Yards in rural areas. Mr. Long requested the
TPC look into the justification of the fees being charged by the Parish Permit Office. Mr.
Currier, Parish Building Official stated that the fees had gone from $25.00 per year to $150.00
per year. After a lengthy discussion, Mr. Notariano stated that he would meet with Mr.
Currier to revisit the cost of the fees and make sure the cost is justified. No other action taken.
Item No. 24 - Condemnation of Properties - Andy Currier, Tangipahoa Parish Building
Official, requested approval from the TPC to start the process of condemning property located
at 41081 Range Road, Ponchatoula, LA 70454; 41260 Range Road, Ponchatoula, LA 70454;
Range Road Assessment# 2990806 and Highway 16 Assessment# 599018. A motion was
made by Mr. Tolar and seconded by Mr. Rick approving the process of condemning the
foregoing property to begin as presented and recommended by Mr. Currier. Roll-call vote
was as follows:
Nays: None
Not Voting: None
Item No. 25 - Appoint/Re-Appoint Tangipahoa Parish Convention & Visitors Bureau - A
motion was made by Mr. Ridge! and seconded by Mrs. Edwards appointing Mr. Terry Brown
as Commissioner of the Tangipahoa Parish Convention and Visitors Bureau for his first term
expiring April 2013. Mr. Brown will be replacing Mr. Robert J. Martin. Mr. Wells
requested that an appreciation letter be sent to Mr. Martin for his years of service as
Commissioner. Roll-call vote was as follows:
Yeas: 6 (Tolar, Rick, Bruno, Ridge!, Notariano, Edwards)
Nays: None
Abstaining: 1 (Wells)
Not Voting: None
Item No. 26 - Appoint/Re-Appoint Recreation District No. 3 (Amite Area) - A motion was
made by Mr. Bruno and seconded by Mr. Wells to Table the foregoing matter. Roll-call vote
was as follows:
Nays: None
346708.1
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63
•
64
NAY 2 6 2DUl
Not Voting: None
Item No_ 27 - Appoint/Re-Appoint Loranger Recreation District No_ 104 - A motion was
made by Mrc Bruno and seconded by Mr. Rick Re-appointing Mr. Ge11e Tallo, Jr. as
Commissioner of Loranger Recreation District No. 104 for his second tenn expiring May
2015. Roll-call vote was as follows:
Nays: None
Not Voting: None
Item No. 28 -Appoint/Re-Appoint Hmond Area Recreation District No. 1 -A motion was
made by Mr. Wells and seconded by Mr. Ridge! Re-appointing Mr. Monroe Jones as
Commissioner of Hammond Area Recreation District No. 1 for his second tenn expiring June
2015. Roll-call vote was as follows:
Nays: None
Not Voting: None
Item No. 29 - Appoint/Re-Appoint Tangipahoa Parish Industrial Development Board - A
motion was made by Mr. Bruno and seconded by Mrs. Edwards Re-appointing Mr. Dennis
Lavigne as Commissioner of Tangipahoa Parish Industrial Development Board for his first
full term expiring May 2016. Roll-call vote was as follows:
Nays: None
Not Voting: None
Item No. 30 - Appoint/Re-Appoint Recreation District No. 5 (Mid-Parish) - Mr. Bruno
explained that the re-appointment of Mr. Rodney Morales had expired May 2008 and
mistakenly had never been re-appointed. Mr. Bruno also stated that Mr. John Scott had
resigned some years back and his name should be removed from the list of Commissioners.
A motion was made by Mr. Bruno and seconded by Mr. Wells Re-appointing Mr. Rodney
Morales as Commissioner of Recreation District No. 5 (Mid-Parish) for his second term
expiring May 2012. Roll-call vote was as follows:
Nays: None
Not Voting: None
Item No. 31- Beer, Wine & Liquor Permits- NONE
Item No. 32- Legal Matters- NONE
Item No. 33 -Councilmen's Privileges- NONE
With no further business appearing, on motion by Mr. Wells and seconded by Mr. Rick, the
ATTEST:
~
(\OJ !a "- _l\ ~
Carl T ~, Clerk
gipahoa Parish Council
346708.1
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Tangipal10a Parish Council
14
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JUN 1 ·4 2DlD
·PUBLIC HEARING OF THE TANGIPAHOA PARISH COUNCIL ON MONDAY. JUNE 14,2010 AT 5:30
AMITE. LOUISIANA- Mr. Notariano made known a public hearing was held on Proposed T.P. Ordinance No.
June 14,2010
The Tangipahoa Parish Council met on the 14th day of June 2010 in Regular Session and was called
The Invocation was given by Legal Counsel Cliff Speed, and the Pledge of Allegiance by
Councilman Ronnie Bankston.
Howard G. "Buddy" Ridge!, Ronnie Bankston, Lionell Wells, Carlos Notariano, Debbie Edwards and
Bobby Cortez
Absent: None
Item No. 5 - Cell Phones - Please Mute or Turn Off.
Item No.6- Adoption of Minutes- A motion was made by Mr. Rick and seconded by Mr. Tolar to adopt
the minutes of the Regular Meeting dated May 24, 2010 and Special Meeting dated May 26, 2010 and that
they be dispensed and published in the Official Journal. With no opposition, motion carried.
Item No.7- Public Input- Anyone Wishing to Address Agenda Items which were not on Public HearingNotariano ask if there was anyone who wished to address any agenda item. No one from the public asked to
. Item No.8 - Parish President's Report
a)
Possible Discussion of Equipment Acquisition: NONE
b)
Appro :val to seek on Bids or Proposals: NONE
c)
1)
Limestone Bids -Mr. Burgess requested that the matter be Tabled until
the next regular scheduled meeting of the TPC. A motion was made by Mr. Rick and
seconded by Mr. Tolar to Table the foregoing matter until the June 28, 2010 meeting of the
TPC. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
2)
Sale and Removal of House located on site of Library Building- Mr. Burgess
stated that this was the second time the foregoing item had been bid out and No Bids were
received. Mr. Burgess recommended that the matter be left up to the Administration to see
that it is tom down and taken to the LandfilL A motion was made by Mr. Rick and seconded
by Mr. Tolar to give the Administration the authority to tear down the house located on the
site of the future Library Building. A substitute motion was made by Mr. Cortez and to give
the matter more time to see if anyone is interested in the building. Mr. Burgess that in order
to do that the Sale and Removal of the House would have to go through the Bid process for a
third time and the building needed to be removed soon. After a lengthy discussion Mr.
Cortez rescinded his substitute motion. Roll-call was taken on the original motion made by
Mr. Rick and seconded by Mr. Tolar to give the Administration the authority to tear down the
house located on the site of the future Library Building and take to the Landfill for disposal.
Roll-call was as follows:
Nays: None
Absent: None
Not Voting: None
d)
Recommendation to Accept into Parish Maintenance System: NONE
e)
Recommendation to Begin 2-Year Maintenance Period: NONE
f)
Declaring Property Surplus and Approving Property to be sold at Auction - Mr.
Burgess presented the following list of Property and recommended that it be Declared
Surplus and Sold at Auction on June 26,2010:
Jail
An!aml Shelter
65
66
JUN 14 2DID
cod
20001
Coroner
Coroner
Admin
Admin
Admin
Admin
Admin
Admin
Admin
3253882 Admin
222098 Admin
Admin
Admin
4137031 Admin
Admin
Admin
Natalbany Fire
Natalbany Fire
Natalbany Fire
Ponchatoula Fire
Independence Fire
F2894
F4101
F4106
F4107
F4108
F4109
Independence Fire
Independence Fire
Husser Fire
Wilmer Fire
8th Ward Fire
8th Ward Fire
Red
Red
Red
Red
Blh Ward Fire
Blh Ward Fire
8th Ward Fire
8th Ward Fire
Loranger Fire
Kentwood Fire
WilmerRre
Animal Shelter
Animal Shelter
Animal Sheller
Animal Shelter
Animal Shelter
Jail
Red
Mulli·Color
Jail
Jail
Jail
Ja!l
Jail
Inventory list
6f14/2010
PR RIB
PRRIB
PR RIB
PRRIB
PRRIB
PRR/8
PRR/6
PR RIB
PRRfB
PRRIB
PR RIB
R RIB
RRIB
197568 R RIB
RRIB
RRIB
R RIB
RRIB
.l''''e"'~~" '"",~'dto 19568
RRIB
RRIB
9813 R RIB
RRIB
RRIB
RRIB
RRIB
RRIB
RRIB
R RIB
Landfill
Landfill
landfill
Landfill
landfill
Landfill
Landfill
Landfill
2122 Landfill
Inventory list
landfill
6114!2010
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JUN 1.4 2DlD
A motion was made by Mr. Tolar and seconded by Mr. Rick approving the foregoing
property as Surplus and to be Sold at the June 26,2010 Auction as presented and
recommended by Mr. Burgess. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
g)
Planning Report- Alyson Lapuma updated the TPC on the Comprehensive Plan and
stated that the rough draft of the plan was being red-lined and the corrected copies would be
ont by the end of July. Mrs. Lapuma also requested that each Councilman suggest at least
two (2) locations for their Districts that a Public Meeting could be held to for the residence to
attend and give input on the Plan once the Revised Comprehensive Plan is complete. No
action taken.
Mr. Burgess along with Mr. N otariano presented the St. Thomas Aquanis Girls Basketball
team a proclamation honoring their State Championship Title.
Mr. Bruno stated that the Dixie Major World Series would be held in Independence and
requested that No Parking Signs be placed on Fontana Road. Mr. Burgess stated that he
would have the Sign Shop place the signs on Fontana Road before the Tournament began.
Mr. Burgess informed the TPC that the Shell Training Facility in Robert would no longer be
used as the Incident Command Centers of the BP Oil Release. For the last month the Shell
Training Facility has housed more than 400 people during the Incident but BP would be
moving from the Robert facility.
At the request of Mr. Burgess, A motion was made by Mr. Tolar and seconded by Mrs,
Edwards to amend the current agenda by unanimous vote to add the adoption ofT.P.
Resolution No .10-32. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
A motion was made by Mr. Rick and seconded by Mr. Tolar to adopt T.P. Resolution No
R! 0-32 as follows:
T.P. Resolution No. 10-32
On motion of Mr. Rick, seconded by Mr. Tolar, the following resolution was
offered:
A resolution urging President Obama to reduce the six-month moratorium on deepwater drilling in the Gulf to no more than thirty (30) days, and during that time task Minerals
Management Service (MMS) with conducting thorough inspections of all deep-water drilling
facilities in the Gulf as well as implement strict safety measures and take enforcement actions
to ensure compliance with safety mandates, thus greatly reducing the job loss and negative
economic impact felt by our region while ensuring a safer industry.
WHEREAS, in the aftermath of the British Petroleum (BP) Oil Spill, on May 27,
2010, the Obama Administration ordered a six month moratorium on existing Gulf of Mexico
deep-water drilling, which will result in the immediate suspension of operations at thirtythree (33) rigs in the Gulf of Mexico; and
WHEREAS, the moratorium on offshore deep-water drilling will cause significant
harm to Louisiana's energy service industry as well as to the many coastal communities
already suffering tremendously from the environmental and economic impacts of the BP oil
spill; and
WHEREAS, an estimated thirty-three per cent (33%) of the nation's domestic oil
comes from the Gulf of Mexico; and
WHEREAS, eighty percent (80%) of the oil and forty-five per cent (45%) of the
natural gas coming out of the Gulf of Mexico is from deep-water drilling operations in more
than 1,000 feet of water.
WHEREAS, suspension of deep-water drilling operations will result in at least 33
deep-water drilling rigs being idled for six months or longer; and
WHEREAS, Port Fourchon'Iocated in Lafourche Parish services ninety per cent
(90%) of deep-water operations in the Gulf of Mexico.
WHEREAS, an average of two (2) supply boats work each rig per day with rates of
346708.1
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JUN 1. 4 2010
$15,000 - $30,000/boat. Suspension of drilling activity will result in a nearly $1 million loss
per day in just supply boat rental income; and
WHEREAS, each drilling rig averages 180-280 employees for each two-week shift,
and each job supports four other jobs in our local communities. Thus, the suspension of
drilling activity will result in a loss of up to 6,000 jobs in two to three weeks, and more than
20,000 Louisiana jobs over the next 18 months.
WHEREAS, Louisiana coastal communities such as Houma, Morgan City and
Lafayette are home to businesses, from welders and divers to caterers and drivers, that
support the offshore oil and gas industry, with 1 in 3 jobs being related to the industry; and
WHEREAS, it is estimated that each exploration and production job represents four
supporting jobs in and around the region, thus a six-month moratorium will result in the loss
of thousands of jobs and millions of dollars in wages; and
WHEREAS, Louisiana coastal communities will begin experiencing severe and
irreversible economic impacts within thirty (30) days of the moratorium; and
WHEREAS, idle drilling rigs in the Gulf will likely be contracted overseas for work
in other locations such as Africa and Brazil, and may not return to the Gulf of Mexico for
several years, greatly extending the BP Oil Spill induced economic crisis for our state; and
WHEREAS, it is unlikely that deep-water work in the Gulf would resume quickly
even after the moratorium is lifted, given the time and expense involved in relocating rigs;
and
WHEREAS, several of the safety recommendations set forth in the Department of
Interior's May 27, 2010 Increased Safety Measures for Energy Development on the Outer
Continental Shelf can be implemented immediately within the next thirty (30) days including
MMS verification of the safety of the (1) MMS certification of the safety of the BOP stacks,
(2) MMS verification of BOP equipment compatibility (3) development and implementation
of new inspection procedures and reporting requirements, (4) establishment of new fluid
displacement procedures, and (5) verification of compliance with existing regulations and
National Safety Alert requirements; and
WHEREAS, other measures set forth in the Department of Interior's may 27, 2010
Increased Safety Measures for Energy Development on the Outer Continental Shelf such as
those requiring emergency rule making along with the National Commission on the BP
Deep-water Horizon Spill and Offshore Drilling investigation can be conducted
simultaneously with the continued operations of offshore deep-water drilling; and
WHEREAS, MMS could, and should, maintain a full-time presence on all ongoing
deep-water drilling locations, with a 7-10 day rotation schedule and enforce that strict
compliance with API standards be maintained on all equipment used in well construction;
and
WHEREAS, any failure in compliance should mandate immediate closure of the
offending rig, rather a complete shut down of all deep-water drilling operations which would
unjustly punish those companies that have provided this country's energy needs while
operating safely and in compliance with all regulations, as well as those coastal communities
already facing an economic crisis as a result of this being the most challenging economic
periods in decades coupled with the devastating economic impacts of the BP oil spill on the
fishing, tourism and ancillary industries; and
WHEREAS, the last thing the Gulf Coast area needs is a public policy that will
certainly destroy thousands of existing jobs while preventing the creation of thousands more;
and
NOW, THEREFORE, BE IT RESOLVED by the Council of Tangipahoa Parish,
Louisiana acting as governing authority of said Parish:
SECTION I. A resolution urging President Obama to lift the six-month moratorium
on deep-water drilling, and instead conduct a thorough review of all deep-water drilling
facilities, implement and enforce strict safety measures to ensure compliance with safety
mandates.
Section 2. Further, let it be resolved that, while we support efforts to make the
offshore deep-water drilling industry safer, we urge President Obama to reduce the six-month
moratorium on deep-water drilling in the Gulf to no more than thirty (30) days, and during
that time task Minerals Management Service (MMS) with conducting thorough inspections
of all deep-water drilling facilities in the Gulf as well as implement strict safety measures and
take enforcement actions to ensure compliance with safety mandates, thus greatly reducing
the job loss and negative economic impact felt by our region while ensuring a safer industry.
SECTION 3. That the Parish Clerk forward a certified copy of said resolution to
Governor Bobby Jindal and all members of the Tangipahoa Parish Delegation.
346708.1
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JUN 1 4 2010·
On motion by Mr. Rick and seconded by Mr. Tolar, the foregoing resolution was
hereby adopted on this the 14th day ofJune, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
Tangipahoa Parish
Item No.9- Discussion of2009 Audit & Other Matters- Lee Gray- PULLED FROM
AGENDA
Item No. 10- Adoption of Proposed T.P. Ordinance No. 10-32- An Ordinance to adopt the
millage rates for the tax year 2010 for the following taxing districts: Tangipahoa Parish
Alimony (cities), T.P Alimony Tax (rural), T.P. Library #I, T.P. Library Tax #2, T.P. Health
Unit, T.P. Garbage District #I, T.P. Road Lighting District #1, Road Lighting District #2,
Road Lighting District #3, Road Lighting District #4, Road Lighting District #5, Road
Lighting District# 6, Road Lighting District #7. T.P. Fire District #2(1), and T.P. Fire
District #2 (2),T.P. Road District 101, T.P. Road District 101 Sub District 1.- Mr. Notariano
made known a public hearing was held on the foregoing matter at the regular TPC meeting
dated June 14, 2010 and no one from the public asked to address the matter. A motion was
made by Mr. Rick and seconded by Mr. Tolar to adopt T.P. Ordinance No. 10-32 as follows:
T. P. ORDINANCE NO.l0-32
An Ordinance to adopt the millage rates for the tax year 2010 for the
following taxing districts: Tangipahoa Parish Alimony (cities), T.P Alimony
Tax (rural), T.P. Library #1, T.P. Library Tax #2, T.P. Health Unit, T.P.
Garbage District #1, T.P. Road Lighting District #1, Road Lighting District
#2, Road Lighting District #3, Road Lighting District #4, Road Lighting
District #5, Road Lighting District# 6, Road Lighting District #7, T.P. Fire
District #2(1), and T.P. Fire District #2 (2),T.P. Road District 101, T.P. Road
District 101 Sub District 1.
BE IT ORDAINED by the Tangipahoa Parish Council, the governing authority of
Tangipahoa Parish, State of Louisiana, in regular session convened and conducted in
accordance with the open meetings law, a quorum being present, that the following
millage( s) are hereby levied on all taxable property shown on the official assessment roll for
the year 2010, and, when collected the revenues from said taxes shall be used only for the
specific purposes for which said taxes have been levied; said millage rates are as follows:
2010
Millage
Town of Kentwood .................................................................... 1.53
Town of Amite City ................................................................... 1.53
Town of Independence ............................................................... 1.53
Town ofPonchatoula ................................................................. 1.53
City of Hammond ...................................................................... 1.53
General Parish-Wide Alimony Tax ........................................... 3 .06
(Excepting above Inc. Towns/Cities)
Library Maintenance Tax #1 ...................................................... 3.00
Library Maintenance Tax #2 ...................................................... 2.81
Health Unit Maintenance Tax ................................................... .4.00
Garbage District No. 1 Maintenance ...................................... .! 0.00
Road Lighting District No. 1 ..................................................... 2.00
Road Lighting District No.2 .................................................... 9.00
Road Lighting District No.3 ................................................... 15.00
Road Lighting District No.4 .................................................... .4.00
Road Lighting District No.5 ....................................................... 15
Road Lighting District No.6 ....................................... 10.00
Road Lighting District No. 7 ..................................................... 8.00
T.P. Fire District No. 2 ............................................................. 10.00
T.P. Fire District No. 2 ........ ,.................................................... 10.00
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JUN 1,.4 2010
Sinking Funds:
Road District No. 101 (Kentwood) ........................................... .4.00
Road District No. 101 Sub 1 (Kentwood) .................................. S.OO
BE IT FURTHER ORDAINED that the proper administrative officials of the Parish
of Tangipahoa, State of Louisiana, be and they are hereby empowered, authorized, and
directed to spread said taxes, as hereinabove set forth, upon the assessment roll of said Parish
for the year 201 0, and to make the collection of the taxes imposed for and on behalf of the
taxing authority, according to law, and that the taxes herein levied shall become a permanent
lien and privilege on all property subject to taxation as herein set forth, and collection thereof
shall be enforceable in the manner provided by law.
immediately upon passage by the Tangipahoa Parish Council and signature of the Parish
President.
On motion by Mr. Rick and seconded by Mr. Tolar, the foregoing ordinance was
hereby declared adopted on this 14th day of June, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
S/Carlos Notariano
S/Carla Tate
Chairman
Clerk of Council
INTRODUCED:
May 26, 20 I 0 (SPECIAL MEETING)
PUBLISHED:
June 9, 2010
June 14, 2010
ADOPTED:
DELIVERED TO PRESIDENT: 15th day of June, 2010 at 9:00A.M.
APPROVED BY PRESIDENT: S/Gordon A. Burgess
June 15, 2010
Gordon A. Burgess
Date
RECEIVED FROM PRESIDENT: 15th day of June, 2010 at 1100 A.M.
Item No. 11 -Adoption of Proposed T.P. Ordinance No. 10-33- An Ordinance Amending
And Replacing T.P Ordinance No. 00-13- Chapter 10 Flood Prevention And Protection Of
The T.P. Code Of Ordinances- Mr. Notariano made known a public hearing was held on the
foregoing matter at the regular TPC meeting dated June 14,2010 and no one from the public
asked to address the matter. A motion was made by Mr. Wells and seconded by Mr.
Bankston to adopt T.P. Ordinance No. 10-33 as follows:
T. P. ORDINANCE NO.l0-33
AN ORDINANCE AMENDING AND REPLACING T.P ORDINANCE
NO. 00-13- CHAPTER 10 FLOOD PREVENTION AND PROTECTION OF
THE T.P. CODE OF ORDINANCES
ARTICLE I
STATUfORY AUfHORIZATION,FlNDINGSOFFACT,PURPOSEANDMETHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Louisiana has statute LRS 38:84 delegated the responsibility
oflocal governmental units to adopt regulations designed to minimize flood losses.
Therefore, the {Parish Council} of Tangipahoa Parish, Louisiana, does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Tangipahoa Parish are subject to periodic inundation,
which results in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, and extraordinary public expenditures for flood protection and
relief, all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are created by the cumulative effect of obstructions in
floodplains which cause an increase in flood heights and velocities, and by the occupancy of
flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
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JUN 1 4 2Df0
provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of
flood-prone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of
flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase flood
damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards to other lands.
ARTICLE2
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this ordinance
its most reasonable application.
ALLUVIAL FAN FLOODING- means flooding occurring on the surface of an alluvial fan
or similar landform which originates at the apex and is characterized by high-velocity flows;
active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX -means a point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan flooding can
occur.
APPURTENANT STRUCTURE- means a structure which is on the same parcel of
property as the principal structure to be insured and the use of which is incidental to the use
of the principal structure
AREA OF FUTURE CONDITIONS FLOOD HAZARD- means the land area that would
be inundated by the !-percent-annual chance (1 00 year) flood based on future conditions
hydrology.
AREA OF SHALLOW FLOODING- means a designated AO, AH, ARJAO, ARIAH, or
VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater
annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD -is the land in the floodplain within a
community subject to a 1 percent or greater chance of flooding in any given year. The area
may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed
rate making has been completed in preparation for publication of the FIRM, Zone A usually
is refined into Zones A, AO, AH, Al-30, AE, A99, AR, AR!Al-30, AR/AE, ARJAO,
AR/AH, ARIA, VO, Vl-30, VE or V.
BASE FLOOD -means the flood having a I percent chance of being equaled or exceeded in
any given year.
BASE FLOOD ELEVATION- The elevation shown on the Flood Insurance Rate Map
(FIRM) and found in the accompanying Flood Insurance Study (PIS) for Zones A, AE, AH,
Al-A30, AR, Vl-V30, or VE that indicates the water surface elevation resulting from the
flood that has a I% chance of equaling or exceeding that level in any given year- also called
the Base Flood.
BASEMENT - means any area of the building having its floor sub grade (below ground
level) on all sides.
.
BREAKAWAY WALL - means a wall that is not part of the structural support of the ·
building and is intended through its design and construction to collapse under specific lateral
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loading forces, without causing damage to the elevated portion of the building or supporting
foundation system.
CRITICAL FEATURE- means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire system would be
compromised.
DEVELOPMENT- means any man-made change to improved and unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING- means, for insurance purposes, a non-basement building, which
has its lowest elevated floor, raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns.
EXISTING CONSTRUCTION- means for the purposes of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be
referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION- means a
manufactured home park or subdivision for which the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the pouring
of concrete pads) is completed before the effective date of the floodplain management
regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION- means the preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring
of concrete pads).
FLOOD OR FLOODING- means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD ELEVATION STUDY- means an examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination ofmudslide (i.e., mudflow) and/or flood-related erosion
hazards.
FLOOD INSURANCE RATE MAP (FIRM)- means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the special flood
hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)- see Flood Elevation Study
FLOODPLAIN OR FLOOD-PRONE AREA- means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT- means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS -means zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such
as a floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations, in any,
combination thereof, which provide standards for the purpose of flood damage prevention
and reduction.
FLOOD PROTECTION SYSTEM- means those physical structural works for which
funds have been authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the area within a community
subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a
system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These
specialized flood modifying works are those constructed in conformance with sound
engineering standards.
FLOOD PROOFING- means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real estate
or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY- see Regulatory Flqodway
FUNCTIONALLY DEPENDENT USE -means a use, which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes only
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docking facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE- means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE -means any structure that is:
(I) Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on theN ational Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory or historic places in connnunities with
historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior
or;
(b) Directly by the Secretary of the Interior in states without approved programs.
LEVEE -means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert the
flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM -means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
LOWEST FLOOR- means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles,
building access or storage in an area other than a basement area is not considered a building's
lowest floor; provided that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirement of Section 60.3 of the National
Flood Insurance Program regulations.
MANUFACTURED HOME- means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. The term "manufactured home" does not
include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION- means a parcel (or contiguous
parcels) ofland divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL- means, for purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION -means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the effective date of an·
initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent
improvements to such structures. For floodplain management purposes, "new construction"
means structures for which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by a connnunity and includes any
subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION- means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after the effective date of floodplain management regulations
adopted by a community.
PRIMARY FRONTAL DUNE - means a continuous or nearly continuous mound or ridge
of sand with relatively steep seaward and landward slopes immediately landward and
adjacent to the beach and subject to erosion and overtopping from high tides and waves
during major coastal storms. The inland limit of the primary frontal dune occurs at the point
where there is a distinct change from a relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE -means a vehicle which is (i) built on a single chassis; (ii)
400 square feet or less when measuted at the largest horizontal projections; (iii) designed to
be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily
not for use as a permanent dwelling but as temporary living quarters for recreational,
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camping, travel, or seasonal use.
REGULATORY FLOODWAY- means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
RIVERINE- means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
SAND DUNES -mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
SPECIAL FLOOD HAZARD AREA- see Area of Special Flood Hazard
START OF CONSTRUCTION- (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other·
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does
it include the installation of streets and/or walkways; nor does it include excavation for
basement, footings, piers or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions of
the building.
STRUCTURE- means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a
manufactured home.
SUBSTANTIAL DAMAGE -means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT -means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before "start of construction" of the improvement. This tenn
includes structures which have incurred "substantial damage", regardless of the actual repair
work performed. The term does not, however, include either: (I) Any project for
improvement of a structure to correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions or (2) Any alteration
of a "historic structure", provided that the alteration will not preclude the structure's
continued designation as a "historic structure."
VARIANCE- means a grant of relief by a community from the terms of a floodplain
management regulation. (For full requirements see Section 60.6 of the National Flood
Insurance Program regulations.)
VIOLATION- means the failure of a structure or other development to be fully compliant
with the community's floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance
required in Section 60.3(b)(5), (c)(4), (c)(IO), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to
be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION- means the height, in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
ARTICLE3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with the
jurisdiction of Tangipahoa Parish.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD
The areas of special flood ha.zard identified by the Federal Emergency
Management Agency in the current scientific and engineering report
entitled, "The Flood Insurance Study (FIS) for Tangipahoa Parish, Louisiana
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and Incorporated Areas," dated July 22, 2010, with accompanying Flood
Insurance Rate Maps (FIRM) dated July 22, 2010, and any revisions thereto
are hereby adopted by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be; (1) considered
as minimum requirements; (2) liberally construed in favor of the governing body; and (3)
deemed neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare
occasions greater floods can and will occur and flood heights may be increased by man-made
or natural causes. This ordinance does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the community or any official or
employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
ARTICLE4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The _{Building Official} is hereby appointed the Floodplain Administrator to administer and
implement the provisions of this ordinance and other appropriate sections of 44 CFR
(Emergency Management and Assistance- National Flood Insurance Program Regulations)
pertaining to floodplain management.
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited
to, the following:
( 1) Maintain and hold open for public inspection all records pertaining to the
provisions of this ordinance.
(2) Review permit application to determine whether to ensure that the proposed building
site project, including the placement of manufactured homes, will be reasonably safe from
flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary pennits have
been obtained from those Federal, State or local governmental agencies (including Section
404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S. C. 1334) from
which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the areas
of special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions) the Floodplain Administrator shall make the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating
Agency which is Department of Transportation and Development, prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency.
.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(8) When base flood elevation .data has not been provided in accordance with Article 3,
Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base
flood elevation data and floodway data available from a Federal, State or other source, in
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order to administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain Administrator
must require that no new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones A1-30 and AEon the community's FIRM,
unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in Zones A130, AE, AH, on the community's FIRM which increases the water surface elevation of the
base flood by more than 1 foot, provided that the community first completes all of the
provisions required by Section 65.12.
SECTION C. PERMIT PROCEDURES
(1) Application for a Floodplain Development Permit shall be presented to the
Floodplain Administrator on forms furnished by him/her and may include, but not be
limited to, plans in duplicate drawn to scale showing the location, dimensions, and
elevation of proposed landscape alterations, existing and proposed structures, including
the placement of manufactured homes, and the location ofthe foregoing in relatiol). to
areas of special flood hazard. Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
- - - - - - ( c ) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5,
Section B (2);
(d) Description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development;
(e) Maintain a record of all such information in accordance with Article 4,
Section (B)(1);
(2) Approval or denial of a Floodplain Development Permit by the Flooplain Administrator
shall be based on all of the provisions of this ordinance and the following relevant factors:
(a) The danger to life and property due to flooding or erosion damage;
(b) The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
(c) The danger that materials may be swept onto other lands to the injury of
others;
(d) The compatibility of the proposed use with existing and anticipated
development;
(e) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(f) The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and facilities
such as sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront location, where applicable;
(i) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use.
SECTION D. VARIANCE PROCEDURES
(1) The Appeal Board, as established by the community, shall hear and render judgment
on requests for variances from the requirements of this ordinance.
(2) The Appeal Board shall hear and render judgment on an appeal only when it is
alleged there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision ofthe Appeal Board may appeal
such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an
appeal and shall report variances•to the Federal Emergency Management Agency upon
request.
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(5) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the remainder of this ordinance.
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing the relevant factors in Section C
(2) of this Article have been fully considered. As the lot size increases beyond the 1/2 half
acre, the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the
Appeal Board may attach such conditions to the granting of variances as it deems necessary
to further the purpose and objectives of this ordinance (Article 1, Section C).
(8) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(1 0) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon: (i) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional hardship to
the applicant, and (iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor elevation below the base
flood elevation, and that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined in Article 4, Section D (1 )-(9) are met,
and (ii) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
ARTICLES
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
( 6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate. infiltration of flood waters into the system and discharge from the systems into
flood waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3),
the following provisions are required:
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( 1) Residential Construction - new construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated to or above the
base flood elevation. A registered professional engineer, architect, or land surveyor shall
submit a certification to the Floodplain Administrator that the standard of this subsection as
proposed in Article 4, Section C (1) a., is satisfied.
(2) Nonresidential Construction- new construction and substantial improvements of
any commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated to or above the base flood level or together with attendant
utility and sanitary facilities, be designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy. A registered professional engineer or architect shall develop and/or
review structural design, specifications, and plans for the construction, and shall certify that
the design and methods of construction are in accordance with accepted standards of practice
as outlined in this subsection. A record of such certification which includes the specific
elevation (in relation to mean sea level) to which such structures are floodproofed shall be
maintained by the Floodplain Administrator.
(3) Enclosures- new construction and substantial improvements, with fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following minimum
criteria:
(a) A minimum of two openings on separate walls having a total net area of not
· less than one square inch for every square foot of enclosed area subject to
flooding shall be provided.
(b) The bottom of all openings shall be no higher than 1 foot above grade.
(c) Openings maybe equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
(4) Manufactured Homes(a) Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall be installed using methods and practices which minimize
flood damage. For the purposes of this requirement, manufactured homes must be elevated
and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring requirements for resisting
wind forces.
(b) Require that manufactured homes that are placed or substantially improved
within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home park or
subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or
(iv) in an existing manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood, be elevated on a permanent
foundation such that the bottom ofthe longitudinal structural I beam of the manufactured
home is elevated to or above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(c) Require that manufactured homes be placed or substantially improved on sites
in an existing manufactured home park or subdivision with Zones A1-30, AH and AEon the
community's FIRM that are not subject to the provisions of paragraph (4) of this section be
elevated so that either:
(i) the bottom of the longitudinal structural I beam of the manufactured home
is at or above the base flood elevation, or
(ii) the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 3 6 inches in height
above grade and be securely anchored to an adequately anchored foundation system. to resist
flotation, collapse, and lateral movement.
(5) Recreational Vehicles- Require that recreational vehicles placed on sites within
Zones Al-30, AH, and AE on the community's FIRM ·either (i) be on the site for fewer than
180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the
permit requirements of Article 4, Section C (1 ), and the elevation and anchoring
requirements for "manufactured homes" in paragraph (4) of this section. A recreational
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vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no permanently attached
additions.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance.
(2) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Floodplain Development Permit
requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of
this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of manufactured home parks and
subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise
provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance.
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH
ZONES)
Located within the areas of special flood hazard established in Article 3, Section B, are areas
designated as shallow flooding. These areas have special flood hazards associated with flood
depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable, and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures have
the lowest floor (including basement) elevated to or above the base flood elevation or the
highest adjacent grade at least as high as the depth number specified in feet on the
community's FIRM (at least 2 feet if no depth number is specified).
(2) All new construction and substantial improvements of non-residential structures;
(a) have the lowest floor (including basement) elevated to or above the base
flood elevation or the highest adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least two feet if no depth number is specified), or
(b) together with attendant utility and sanitary facilities be designed so that
below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an
AH Zone, level the structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section
C are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around structures on
slopes, to guide flood waters around and away from proposed structures.
SECTIONE. FLOODWAYS
Floodways- located within areas of special flood hazard established in Article 3, Section B,
are areas designated as floodways. Since the floodway is an extremely hazardous area due to
the velocity of flood waters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial improvements
and other development within the adopted regulatory flood way unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base flood
discharge.
(2) If Article 5, Section E (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article
5.
(3) Under the provisions of 4A CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program Regulations, a community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base flood elevations, provided that
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JUN 1.42010
the community first completes all of the provisions required by Section 65.12.
SECTION F. COASTAL HIGH HAZARD AREAS
Located within the areas of special flood hazard established in Article 3, Section B, are areas
designated as Coastal High Hazard Areas (Zones Vl-30, VE, and/or V). These areas have
special flood hazards associated with high velocity waters from tidal surges and hurricane
wave wash; therefore, in addition to meeting all provisions outlined in this ordinance, the
following provisions must also apply:
(1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures, and whether or not such structures contain a basement.
The Floodplain Administrator shall maintain a record of all such information.
(2) All new construction shall be located landward of the reach of mean high tide.
(3) All new construction and substantial improvements shall be elevated on pilings and
columns so that:
(i} the bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to or above the base flood level;
(ii) the pile or colunm foundation and structure attached thereto is anchored to
resist flotation, collapse and lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Water loading values used shall be those
associated with the base flood. Wind loading values used shall be those required by
applicable State or local building standards. A registered professional engineer or architect
shall develop or review the structural design, specifications and plans for the construction,
and shall certify that the design and methods of construction to be used are in accordance
with accepted standards of practice for meeting the provisions of (3)(i) and (ii) of this
Section.
(4) Provide that all new construction and substantial improvements have the space
below the lowest floor either free of obstruction or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect screening intended to collapse under
wind and water loads without causing collapse, displacement, or other structural damage to
the elevated portion of the building or supporting foundation system.
For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway
walls which exceed a design safe loading resistance of 20 pounds per square foot (either by
design or when so required by local or State codes) may be permitted only if a registered
professional engineer or architect certifies that the designs proposed meet the following
conditions:
(i) breakaway wall collapse shall result from a water load less than that which
would occur during the base flood; and
(ii) the elevated portion of the building and supporting foundation system shall
not be subject to collapse, displacement, or other structural damage du.e to the effects of wind
and water loads acting simultaneously on all building components (structural and
nonstructural). Water loading values used shall be those associated with the base flood.
Wind loading values used shall be those required by applicable State or local building
standards. Such enclosed space shall be useable solely for parking of vehicles, building
access, or storage. Such space shall not be used for human habitation.
( 5) Prohibit the use of fill for structural support of buildings.
(6) Prohibit man-made alteration of sand dunes and mangrove stands that increase
potential flood damage.
(7) Manufactured Homes Require that manufactured homes placed or substantially improved within Zone
V1-30, V, and VE on the community's FIRM on sites (i) outside of a manufactured home
park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an
expansion to an existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood, meet the standards of paragraphs (1) through (6)
of this section and that manufactured homes placed or substantially improved on other sites
in an existing manufactured home park or subdivision within Zones V1-30, V, and VE on the
community's FIRM meet the requirements of Article 5, Section B(4) of this ordinance.
(8) Recreational Vehicles Require that recreational vehicles placed on sites within Zones V1-30, V, and
VE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or
(ii) be fully licensed and ready for highway use, or (iii) meet the requirements in Article 3,
15
346708.1
·---~·-
------c-··--~------·--------~-·-:-------~~-------·--··---·---
'
81
Section C of this ordinance and paragraphs (1) through (6) of this section. A recreational
vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no permanently attached
additions.
SECTION G. SEVERABILITY
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
SECTION H. PENAL TIES FOR NON COMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this ordinance and other
applicable regulations. Violation of the provisions of this ordinance by failure to
comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a
misdemeanor. Any person who violates this ordinance or fails to comply with any of
its requirements shall upon conviction thereof be f"med not more than $ 500 or
imprisoned for not more than 30 days, or both, for each violation. Each day the
violation continues shall be deemed a new violation. In addition, the violator shall
pay all costs and expenses involved in the case. Nothing herein contained shall
prevent {Tangipahoa Parish} from taking such other lawful action as is necessary to
prevent or remedy any violation.
BE IT FURTHER ORDAINED that this ordinance shall become effective on July 22,
2010 upon passage by the Tangipahoa Parish Council and signature of the Parish President.
On motion by Mr. Wells and seconded by Mr. Bankston, the foregoing ordinance
was hereby declared adopted on this 14th day of June, 2010 by the following roll-call vote:
YEAS: 8 (Tolar, Rick, Ridgel, Bankston, Wells, Notariano, Edwards, Cortez)
NAYS: 2 (Petitto, Bruno)
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
S/Carla Tate
S/Carlos Notariano
Chairman
Clerk of Council
INTRODUCED:
May 26, 2010 (SPECIAL MEETING)
PUBLISHED:
June 9, 2010
ADOPTED:
June 14,2010
DELIVERED TO PRESIDENT: 15th day of June, 2010 at 9:00A.M.
APPROVED BY PRESIDENT: S/GordonA. Burgess
June 15,2010
Gordon A Burgess
Date
RECEIVED FROM PRESIDENT: 15th day ofJune, 2010 at 11 :00 A.. M.
Item No. 12- Adoption of Proposed T.P. Ordinance No. 10-34 ·An Ordinance To Grant A
Variance To Ordinance 97-25 Adoption Of State Sanitarv Code For Rick Blackwell At
11083 And 11085 General Ott Road. Hammond. Louisiana.- Mr. Notariano made known a
public hearing was held on the foregoing matter at the regular TPC meeting dated June 14,
201 0 and no one from the public asked to address the matter. A motion was made by Mr.
Cortez and seconded by Mr. Ridge! to adopt T.P. Ordinance No. 10-34 as follows:
ADOPTION OF STATE SANITARY CODE FOR RICK BLACKWELL AT 11083
AND 11085 GENERAL OTT ROAD, HAMMOND, LOUISIANA
WHEREAS, Rick Blackwell has an existing structure on this .92 acre of property;
WHERAS, Rick Blackwell is faced with a hardship due to the fact that he has no
where to place his manufactured horne;
WHEREAS, the Blackwelf property is only .08 short of requirement and will not be
346708.1
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82
JUN 1.4 2010
Government, governing authority of Tangipahoa Parish, State of Louisiana, that a variance to
the Tangipahoa Parish Code of Ordinances, Parish of Tangipahoa, State of Louisiana, be
granted to Rick Blackwell to obtain approval to place a second residence and to install an
individual sewer system on this property.
On motion by Mr. Cortez and seconded by Mr. Ridge!, the foregoing ordinance was
hereby declared adopted on this 14th day of June, 2010 by the following roll-call vote:
Cortez)
NAYS: NONE
ABSENT: NONE
NOT VOTING: NONE
ATTEST:
S/Carla Tate
S/Carlos Notariano
Clerk of Council
Chairman
INTRODUCED:
May 26,2010 (SPECW.. MEETING)
PUBLISHED:
June 9, 2010
AMITE TANGI DIGEST- OFFICW.. JOURNAL
ADOPTED:
June 14,2010
DELNERED TO PRESIDENT: 15th day of June, 2010 at 9:00A.M.
APPROVED BY PRESIDENT: S/Gordon A. Burgess
June 15, 2010
Gordon A. Burgess
Date
RECENED FROM PRESIDENT: 15th day of June, 2010 at 11:00 A.. M.
Item No. 13- Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10- 28- An
Ordinance To Revise. Amend And Re-Enact Section 19-663 Of Chapter 19 Of The
Lighting District Number 5 Of Tangipahoa Parish. Louisiana - A motion was made by Mr.
Petitto and seconded by Mr. Rick to introduce proposed T.P. Ordinance No. 10-28 and set
public hearing for Monday, June 28, 2010 at 5:30P.M. for the purpose of receiving input
from the public on the adoption thereof. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
AN ORDINANCE TO REVISE, AMEND AND RE-ENACT SECTION 19- .
663 OF CHAPTER 19 OF THE TANGIPAHOA PARISH CODE OF
ORDINANCES TO REVISE AND AMEND THE BOUNDARIES OF
ROAD LIGHTING DISTRICT NUMBER 5 OF TANGIPAHAO PARISH,
LOUISIANA
Ordinance Placing Slow Children At Play Signs On The Rivers Subdivision In District No 10 And
Redwood Drive In District No. 9 In Tangipahoa Parish In Accordance With Chapter 20, Streets,
Roads, Sidewalks And Drainage - Article I. In General - Section 20-16 - A motion was made by
Mrs. Edwards and seconded by Mr. Cortez to introduce proposed T.P. Ordinance No. 10-35
and set public hearing for Monday, June 28, 2010 at 5:30P.M. for the purpose ofreceiving
input from the public on the adoption thereof. Roll-call vote was as follows:
Nays: None
Absent: None
Not Voting: None
AN ORDINANCE PLACING SLOW CHILDREN AT PLAY SIGNS ON THE
RIVERS SUBDNISION IN DISTRICT NO 10 AND REDWOOD DRNE IN
DISTRICT NO. 9 IN TANGIPAHOA PARISH IN ACCORDANCE WITH
CHAPTER 20, STREETS, ROADS, SIDEWALKS AND DRAINAGE- ARTICLE
I, IN GENERAL- SECTION 20-16
346708.1
17
----------
------ -----------······-· -
-~--~----------~-~-------·---
JUN 1. 4 2010
Item No. 15 Introduce & Set Public Hearing on Proposed T.P. Ordinance No. 10-36- An Ordinance
To Grant A Variance To The Tangipahoa Parish Subdivision Regulations For The Adams
Road Mini Partition - A motion was made by Mr. Cortez and seconded by Mrs. Edwards to
introduce proposed T.P. Ordinance No. 10-36 and set public hearing for Monday, June 28,
Nays: None
Absent: None
Not Voting: None
AN ORDINANCE TO GRANT A VARIANCE TO THE TANGIPAHOA
PARISH SUBDIVISION REGULATIONS FOR THE ADAMS ROAD MINI
PARTITION
Item No. 16- Adoption ofT.P. Resolution No. 10-29- A Resolution Authorizing The Parish
President To Execute An Act To Correct A Description Error Contained In The Act Of
Donation From Barrister Global Services Network, Inc.- A motion was made by Mr.
Bankston and seconded by Mr. Ridge! to adopt T.P. Resolution No Rl0-29 as follows:
T.P. RESOLUTIONNO.l0-29
A RESOLUTION AUTHORIZING THE PARISH PRESIDENT TO EXECUTE
AN ACT TO CORRECT A DESCRIPTION ERROR CONTAINED 1N THE ACT
OF DONATION FROM BARRISTER GLOBAL SERVICES NETWORK, INC.
TO THE TANGIPAHOA PARISH COUNCIL-PRESIDENT GOVERNMENT,
EXECUTED ON DECEMBER 17,2009, 1N CONNECTION WITH THAT
CERTAIN LOUISIANA COMMUNITY DEVELOPMENT BLOCK GRANT
ECONOMIC DEVELOPMENT PROGRAM FROM THE LOUISIANA OFFICE OF
COMMUNITY DEVELOPMENT, AND TO EXECUTE ANY COMPANIONOR
SUBSEQUENT DOCUMENTS, PERTAINING TO THIS PROPERTY AND/OR
GRANT.
WHEREAS, the Tangipahoa Parish Government has received funding under the
FY2008 Louisiana Community Development Block Grant Economic Development
(LCDBG-ED) Program from the Louisiana Office of Community Development for
infrastructure improvements to facilitate the location of Barrister Global Services Network,
Inc. in the Parish; and
WHEREAS, on December 17, 2009, Gordon Burgess, in his capacity as Parish
President, executed an Act of Donation of certain property from Barrister Global Services
Network, Inc. to Tangipahoa Parish Council-President Government, in connection with the
above referenced LCDBG-ED Program, as authorized by TP Resolution No. R09-59, which
Act of Donation contained an error in the description, which must now be corrected; and
WHEREAS, there may be subsequent documents, in connection with the FY2008
Louisiana Community Development Block Grant Economic Development (LCDBG-ED)
Program from the Louisiana Office of Community Development for infrastructure
improvements, described herein, which must be executed.
NOW, THEREFORE, BE IT RESOLVED by the Tangipahoa Parish Council:
That Gordon Burgess, Tangipahoa Parish President, being the chief elected official of
the Tangipahoa Parish Government, is authorized to execute an Act to correct the description
contained in the December 17, 2009 Act of Donation from Barrister Global Services
Network, Inc. to the Tangipahoa Parish Council-President Government, and to execute any
companion or subsequent documents pertaining to said property and/or the LCDBG-ED
Program described herein.
On motion by Mr. Bankston and seconded by Mr. Ridge!, the foregoing resolution
was hereby adopted on this the 14th day ofJune, 2010 by the following roll-call vote:
YEAS: 9 (Tolar, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
NAYS: NONE
ABSENT: 1 (Rick)
NOT VOTING: NONE
ATTEST:
Carla Tate, Clerk of Council
~/Gordon A. Burgess, President
Tangipahoa Parish
346708.1
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83
•
JUN 1.4 2010
Item No. 17- Adoption ofT.P. Resolution No. 10-30- Resolution authorizing the filing of an
application with the Louisiana Department of Transportation and Development for a grant
under 49 CFR 5311. Non-Urbaillzed Area Formula Program and/ or 49 CFR 5309.
Discretionary Capital Program.- A motion was made by Mr. Tolar and seconded by Mr.
Cortez to adopt T.P. Resolution No Rl0-30 as follows:
Resolution authorizing the filing of an application with the Louisiana Department of
Transportation and Development for a grant under 49 CFR 5311, Non-Urbaillzed Area Formula
Program and/ or 49 CFR 5309, Discretionary Capital Program.
\XIHEREAS, the Secretary of Transportation and Development is authorized to make grants for
mass transportation projects;
\XIHEREAS, the contract for financial assistance will impose certain obligations upon the
applicant;
\XIHEREAS, it is required by the Louisiana Department of Transportation and Development in
accord with the provisions of Title VI of the Gvil Rights Act of 1964, that in connection with
the filing of an application for assistance that it will comply with Title VI of the Gvil Rights Act
of 1964 and the U.S. Department of Transportation requirements there under; and
\XIHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the
fullest extent possible in connection with this project, and that definitive procedures shall be
established and administered to ensure that minority businesses shall have the maximum feasible
opportunity to compete for contracts when procuring construction contracts, supplies,
equipment, or consultant and other services:
NOW, TIIEREFORE, BE IT RESOLVED by Tangipahoa Parish Council-President
Government:
(Applicant)
That the Parish President is authorized to execute
and
1.
file an application on behalf of ..!T.i!an!!igt>!iP¥ah~o1ilac.-.!PJJa1Jris~hl..._l=Co1,!un!ill!cdil!:.----!:P.!!re;:;,s.!.lidJS;eillnt
Government
with the Louisiana Department of Transportation and Development, to aid in
the financing of operating and/ or capital assistance projects pursuant to the
Rural Public Transit Program, 49 CFR 5311 and/ or the Discretionary Capital
Program, 49 CFR 5309.
That the Parish Presidnet is authorized to execute and file with such applications
2.
an assurance or any other document required by the Louisiana Department of
Transportation and Development effectuating the purposes of Title VI of the
Gvil Rights Act of 1964, as amended.
That
the
Parish
President
is
authorized
to
furnish
3.
such additional information as the Louisiana Department of Transportation and
Development may require in connection with the application or the project.
That the Parish President is authorized to set forth
and
4.
execute affirmative minority business policies in connection with the project's
procurement needs.
That the Parish President is authorized to execute grant contract agreements
5.
on behalf of Tangipahoa Parish Council-President Government
with the Louisiana Department of Transportation and Development for aid in
the financing of the operating or capital assistance projects.
This resolution is applicable for a period of one year unless revoked by the
6.
governing body and copy of such revocation shall be furnished to the DOTD.
On motion by Mr. Tolar and seconded by Mr. Cortez, the foregoing resolution was hereby
adopted on this the 14th day of June, 2010 by the following roll-call vote:
NAYS: NONE
ABSENT: 1 (Rick)
NOT VOTING: NONE
ATTEST:
Parish Council
Tangipahoa
Tangipahoa Parish
Item No. 18 Adoption ofT.P. Resolution No. 10-31 -A Resolution Authorizing the Parish to
enter into a Cooperative Endeavor Agreement between the Tangipahoa Parish CouncilPresident Government and the Tangipahoa Parish Library Board for the Design and
346708.1
19
•
JUN 1.4 20JO
Construction of Library Building. - Mr. Mark Beckers and Mr. Phil Terrio gave a brief
presentation of the proposed plans of the New Library Building Design. After a lengthy
discussion, A motion was made by Mr. Tolar and seconded by Mr. Wells to adopt T.P.
Resolution No Rl0-31 as follows:
A Resolution Authorizing the Parish to enter into a Cooperative Endeavor Agreement
between the Tangipahoa Parish Council-President Government and the Tangipahoa Parish
Library Board for the Design and Construction of Library Building.
WHEREAS the Tangipahoa Parish Council-President Government, governing
authority of Tangipahoa Parish, State of Louisiana that the action of Tangipahoa Parish
President is hereby authorized to execute any and all documents in regards to a Cooperative
Endeavor Agreement between the Tangipahoa Parish Council-President Government and the
Tangipahoa Parish Library Board on the following:
Purchase of Land, Design Cost and Construction Cost of the Amite Library
WHEREAS this Resolution shall become effective immediately upon the signature
NOW, THEREFORE, BE IT RESOLVED, that the Tangipahoa Parish
Council fully supports the Cooperative Endeavor Agreement between the Tangipahoa Parish
Library Board and Tangipahoa Parish Council-President Government.
On motion by Mr. Tolar and seconded by Mr. Wells, the foregoing resolution was
hereby adopted on this the 14th day of June, 2010 by the following roll-call vote:
·YEAS: 10 (Tolar, Rick, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
NAYS: None
ABSENT: None
NOT VOTING: None
ATTEST:
S/Carlos Notariano, Chainnan
Parish Council
Tangipahoa
Tangipahoa Parish
Item No. 19- Discussion of Muscarello Road. Hammond- Irwin Jenkins- Mr. WellsPULLED FROM AGENDA
Item No. 20- Amend previous motion naming V. Martin Road- Mr. Wells explained that in
a previous motion naming V. Martin Road that after speaking with the 911-0ffice the
Official Road name should have read Vernell Martin Road. A motion was made by Mr.
Wells and seconded by Mr. Ridge! correcting a previous motion naming ofV. Martin Road
and changing to Vernell Martin Road as approved by the 911-0ffice. Roll-call vote was as
follows:
NAYS: None
ABSENT: 1 (Rick)
NOT VOTING: None
Item No. 21 -Discussion of Procedures for Naming/Renaming Roads- Mr. Notariano stated
that after speaking with Mr. Dennis Darouse, 911-Director, about the procedures of naming
and re-naming roads that a form is now required to be filled out and signed off on by the 9110ffice before any naming or re-naming of any roads can be made. Mr. Notariano also stated
that name changes can only be made every five (5) years January 1 until the last day of
February of the 5th year. No action taken.
Item No. 22 - Discussion of AT&T Matters - Mr. Cortez introduced Mr. Ron Whitacker,
41003 Adeal Drive Ponchatoula, LA and stated that Mr. Whitacker had contacted him in
hopes of addressing the TPC with his concerns with AT&T matters. Mr. Whitacker thanked
the TPC for hearing him and expressed his frustration with AT&T over the use of Rights of
Ways. After a lengthy discussion Mr. Cortez requested that Mr. Garafola draft a letter to be
sent to AT&T stating that a master plan be pre-approved by the TP Public Works Department
before the placing of equipment on Right of Ways. Mr. Garafola stated that he would work
with Mr. Whitacker on drafting the letter to be sent to AT&T. No action taken.
Item No. 23 - Appoint/Re-Appoint Recreation District No. 3 (Amite Area) - A motion was
made by Mr. Petitto and seconded by Mr. Bruno to Table the foregoing matter. Roll-call
Yeas: 9 (Tolar, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
·
Nays: None
Absent: 1 (Rick)
346708.1
20
85
'
86
JUN 1 4 2DID
Not Voting: None
Item No. 24 - Appoint/Re-Appoint Tangipahoa Communication District No. 1 - A motion
was made by Mr. Wells and seconded by Mr. Ridge! Re-appointing Mr. Robbie Lee and Ms.
Becki Biandilillo as Commissioners of Tangipahoa Communication District No. 1 for their
second terms expiring June 2014 . Roll-call vote was as follows:
Yeas: 9 (Tolar, Petitto, Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: None
Absent: 1 (Rick)
Not Voting: None
Item No. 25 - Appoint/Re-Appoint Ponchatoula Area Recreation District No. 1 - A motion
was made by Mrs. Edwards and seconded by Mr. Cortez Re-appointing Mr. Danny Dl!freche
as Commissioner of Ponchatoula Area Recreation District No. 1 for his second tenus
expiring June 2015 . Roll-call vote was as follows:
Yeas: 9 (Tolar, Petitto; Bruno, Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: None
Absent: 1 (Rick)
Not Voting: None
Item No. 26 - Approve proposals and name Official Journal for TPC for period beginning
July!, 2010 and ending June 30. 2011- The clerk presented the proposals received as follows:
June 14, 2010
OFFICIAL JOURNAL
TANGIPAHOA PARISH COUNCIL
PERIOD
JULY 1, 2010 -JUNE 30,2011
TOTAL -PER 100
PUBLICATION
WORDS
$3.50
- per square
Amite Tangi Digest
of 100 words
120 N.E. Central Ave
Amite, LA 70422
POINT TYPE
10
The Daily Star
P.O. Box 1149
Hammond, LA 70404
$6.00 - per square
of 100 words
7
The Ponchatoula Times
P.O. Box 743
Ponchatoula, LA 70454
$3.99 - per square
of 100 words
8
A motion was made by Mr. Tolar and seconded by Mr. Bruno naming the Amite Tangi
Digest as the Official Journal for the TPC. A substitute motion was made by Mr. Cortez and
seconded by Mrs. Edwards naming the Daily Star as the Official Journal of for the TPC.
Roll-call was as follows on the substitute motion:
Yeas: 6 (Ridge!, Bankston, Wells, Notariano, Edwards, Cortez)
Nays: 3 (Tolar, Petitto, Bruno)
Absent: 1 (Rick)
Not Voting: None
Mr. Notariano stated that the Official Journal for the TPC for period beginning July 1, 2010
and ending June 30, 2011 would be the Hammond Daily Star.
Item No. 27- Beer. Wine & Liquor Permits- NONE
Item No. 28 - Legal Matters -Mr. Speed reminded the Council Members that the Court Case
of the Affari ,LLC vs Tangipahoa Parish Council would be held Monday, June 21, 2010 at
9:00 A.M. and requested that all members of the Council be present.
Item No. 29- Councilmen's Privileges- Mr. Notariano stated that the Clerk was setting up jail
tours for the remaining Council Members who have not yet toured the jail and requested that
each Member make every effort to attend.
With no further business appearing, on motion by Mr. Wells and seconded by Mr. Bruno, the
ATTES):
A
(\OJ\ u. \-. ttL
"
C<ytla T~e, Clerk
"'T"angipali a Parish Council
346708.1
21

MAR 0 8 2010 - Tangipahoa Parish Government

Transcription

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