PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA

Transcription

1 PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA radams@sbpg.net (504) (504) (fax) Posted 12/15/17 Tuesday, December 19, :00 p.m. Council Chambers Page 1 of 4 Sign Interpreter will be provided if requested 48 working hours in advance. Should an interpreter be needed, it is advised that the interested person contact the Clerk of Council at All accessible formats are available upon request. A. Meeting Called to Order and Roll Call B. Remind Public that no food or drink is allowed in the Council Chambers C. Remind Public of Cell Phone Ordinance SBPC # D. Invocation by Pastor Jim Jeffries with Assembly of God Church E. Pledge of Allegiance by Councilmember McCloskey F. Recognize Elected Officials APPROVAL OF MINUTES 1. Motion to approve the minutes of the December 5, 2017 Regular Council Meeting as published in the official journal, the St. Bernard Voice on Friday, December 15, (Council Chair) RECOGNITION 2. Motion to recognize Dale Barstow with Municode for a presentation. (Councilman Luna) 3. Councilmember s for a District Update 4. Guy McInnis, President's Report 5. Recognize the Public PUBLIC HEARINGS 6. Summary No Introduced by: Councilmember Alcon on 12/5/17 AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE AUTHORIZING THE CREATION OF THE FILM ST. BERNARD, AN INCENTIVE PROGRAM THROUGH WHICH A REBATE MAY BE OFFERED FOR LODGING, PAYROLL, AND OTHER PRODUCTION EXPENDITURES MADE IN ST. BERNARD PARISH FOR PRE-APPROVED PRODUCTIONS. 7. A PUBLIC HEARING TO DETERMINE WHETHER TO PROCEED WITH THE CONDEMNATION AND DEMOLITION OF THE FOLLOWING IN-GROUND SWIMMING POOL LOCATED AT 2020 LIVACARRI DRIVE, MERAUX, LA. 8. Motion to take any action regarding the in-ground swimming pool that is located at 2020 Livacarri Drive, Meraux, LA. RESOLUTIONS

2 PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA radams@sbpg.net (504) (504) (fax) Posted 12/15/17 Tuesday, December 19, :00 p.m. Council Chambers Page 2 of 4 Sign Interpreter will be provided if requested 48 working hours in advance. Should an interpreter be needed, it is advised that the interested person contact the Clerk of Council at All accessible formats are available upon request. 9. Adopt Resolution SBPC # , approving permits as recommended by the Alcohol Beverage and Bingo Department: (Administration) Beer and/or Liquor Permit(s) 1. Karcrist Services, LLC dba Sabor Latino 7543 W. Judge Perez Dr., Ste. A Arabi, La Member: Mayra Z. Taylor (Renewal) (Beer & Liquor) 2. Louisiana CVS Pharmacy, LLC dba CVS / Pharmacy # Paris Road Chalmette, La Manager: Steve Loyola (Renewal) (Beer & Liquor) 3. Haider Management, LLC dba Stella Maris Café & Grocery 7555 W. Judge Perez Dr. Arabi, La Owner: Nashat Haider (Renewal) (Beer & Liquor) 4. J. Fernandez, LLC dba Julie s Tavern 8431 W. St. Bernard Hwy. Chalmette, La Owner: Julie Fernandez (Renewal) (Beer & Liquor) 5. Lehrmann s Inc. dba Lehrmann s Bar 135 W. St. Bernard Hwy. Chalmette, La Owner: Ronald Lehrmann Sr. (Renewal) (Beer & Liquor) 6. King Discount Tobacco & Liquor, LLC dba King Discount Tobacco & Liquor 8700 W. Judge Perez Dr., Ste. W Chalmette, La Member: Suleimon Darweesh (Renewal) (Beer & Liquor) Special Event 1. Name of Organization : Knights of Nemesis Social Club and Parade Address of Organization: P.O. Box 291 Arabi, La Event: Nights of Nemesis Parade Date: February 3, 2018 Time: 1:00 PM Location: Starting at 8201 W. Judge Perez Dr Contact: Billy Showalter 10. Adopt Resolution SBPC # , a resolution to appoint members to the St. Bernard Parish Home Mortgage Authority. (Council) 11. Adopt Resolution SBPC # , a resolution to appoint members to the St. Bernard Parish Tourist Commission. (Council) 12. Adopt Resolution SBPC # , a resolution to appoint members to the St. Bernard Parish Hospital Service District. (Council)

3 PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA radams@sbpg.net (504) (504) (fax) Posted 12/15/17 Tuesday, December 19, :00 p.m. Council Chambers Page 3 of 4 Sign Interpreter will be provided if requested 48 working hours in advance. Should an interpreter be needed, it is advised that the interested person contact the Clerk of Council at All accessible formats are available upon request. 13. Adopt Resolution SBPC # , a resolution supporting the Parish President to sign a Cooperative Endeavor Agreement with the St. Bernard Parish Assessor and Sheriff to retain Assessure Systems, LLC to implement and execute a Homestead Exemption mapping system to identify properties erroneously designated as exempt or subject to senior, disabled and veterans freeze assessments and to facilitate the collection of appropriate property taxes. (Councilman Luna) 14. Adopt Resolution SBPC # , a resolution authorizing the Parish President to enter into an agreement with Barber Bros. Contracting Co., L.L.C. for the St. Bernard Multi-Use Path, Phase I and II, St. Bernard Parish, State Project No. H (Administration) ADOPTION 15. Summary No Introduced by: Councilmember Alcon on 12/5/17 Public hearing held on 12/19/17 AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE AUTHORIZING THE CREATION OF THE FILM ST. BERNARD, AN INCENTIVE PROGRAM THROUGH WHICH A REBATE MAY BE OFFERED FOR LODGING, PAYROLL, AND OTHER PRODUCTION EXPENDITURES MADE IN ST. BERNARD PARISH FOR PRE-APPROVED PRODUCTIONS. INTRODUCTIONS 16. Summary No Planning Commission recommended DENIAL on 12/12/17 Introduced by: Administration on 12/19/17 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF PAUL MENDEZ FOR A CONDITIONAL USE PERMIT TO OPERATE A SHORT TERM RENTAL IN A R-1 ZONE LOCATED AT 60 CAROLYN CT, ARABI, LA Summary No Planning Commission recommended APPROVAL on 12/12/17 Introduced by: Administration on 12/19/17 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF ANDRE P. NEFF FOR CONDITIONAL USE PERMIT TO OPERATE A CORPORATE RETREAT IN A I-1 ZONE LOCATED AT 5128 E. ST. BERNARD HWY., VIOLET, LA OTHER MATTERS 18. Motion to discuss and take any action as it relates to information received from the Coastal Zone Advisory Committee.

4 PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA radams@sbpg.net (504) (504) (fax) Posted 12/15/17 Tuesday, December 19, :00 p.m. Council Chambers Page 4 of 4 Sign Interpreter will be provided if requested 48 working hours in advance. Should an interpreter be needed, it is advised that the interested person contact the Clerk of Council at All accessible formats are available upon request. EXECUTIVE SESSION 19. Motion to enter into Executive Session to discuss potential litigation between St. Bernard Parish Government and the Entergy Corporation. 20. Motion to enter into Executive Session to discuss RAY59 LLC vs. Parish of St. Bernard, 34th JDC No Next Regular scheduled Council Meeting will be held Tuesday, January 2, 7:00 p.m. Approved by: _ Richard Lewis Time: 12:01 p.m. Date: 12/15/17

5 OFFICIAL PROCEEDINGS OF THE COUNCIL OF THE PARISH OF ST. BERNARD, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD ON TUESDAY, DECEMBER 5, 2017 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE ST. BERNARD PARISH GOVERNMENT COMPLEX, LOCATED AT 8201 WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA. The St. Bernard Parish Council, the Governing Authority, met in Regular Session on Tuesday, December 5, 2017 at seven o clock p.m. pursuant to notice given to each member and posted in the manner required by law. The meeting convened at 7:03 p.m. Members present: Councilmembers: Council Chair Richard Richie Lewis, Gillis McCloskey, Nathan Gorbaty, Howard Luna, Wanda Alcon, Manuel Monty Montelongo and Kerri Callais. Members absent: None. Also present were Roxanne Adams, Clerk of Council, serving as official secretary of the Council and President Guy McInnis and CAO, Ronnie Alonzo were present representing Administration. Minster Jerry Troxclair delivered the invocation and Councilmember Callais led the Pledge of Allegiance. #1 On motion of Mr. Gorbaty, seconded by Mr. McCloskey, it was moved to approve the minutes of the November 21, 2017 Regular Council Meeting as published in the official journal, the St. Bernard Voice on Friday, December 1, The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais None None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, #2 Councilmember s District Update A copy of this update is on file with the minutes of this meeting. #3 President s Report A copy of this report was entered into the official record and is on file with the minutes of this meeting. #4 Recognize the Public Anthony Stepelcovich Chalmette, LA Ken Dufour Violet, LA Chris Konnecker Chalmette, LA #5 Summary No Introduced by: Administration on 10/3/17

6 Minutes of the St. Bernard Parish Council Meeting of December 5, 2017 Page -2- AN ORDINANCE TO ADOPT THE 2018 ST. BERNARD PARISH ANNUAL OPERATING AND CAPITAL BUDGET. NO ONE APPEARED TO SPEAK FOR OR AGAINST THE PROPOSED ORDINANCE #6 Summary No Introduced by: Councilman Luna on 11/21/17 AN ORDINANCE TO AMEND CHAPTER 19; STREETS AND OTHER PUBLIC WAYS; ARTICLE I IN GENERAL; TO CREATE AND ADD SECTION 19-6; PLACEMENT OF TEMPORARY CONSTRUCTION (ROLL-OFF) DUMPSTERS ON STREETS. NO ONE APPEARED TO SPEAK FOR OR AGAINST THE PROPOSED ORDINANCE #7 Summary No Introduced by: Councilmember Alcon on 11/21/17 AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE TO ADOPT THE 2017 ST. BERNARD PARISH ANNUAL OPERATING AND CAPITAL BUDGET. NO ONE APPEARED TO SPEAK FOR OR AGAINST THE PROPOSED ORDINANCE #8 On motion of Mrs. Alcon, seconded by Mr. McCloskey, it was moved to adopt the following resolution: RESOLUTION SBPC # BE IT RESOLVED, that the St. Bernard Parish Council, the Governing Authority, does hereby approve and ratify the following permits as recommended by the Alcohol Beverage and Bingo Department: Beer and/or Liquor Permit(s) 1. GTN Convenience, LLC dba Sammy s Discount Express E. St. Bernard Highway Chalmette, La Owners: Mai Nguyen (Renewal) (Beer & Liquor) 2. Guillory, Lura Mae dba Guillory s 8317 E. St. Bernard Highway St. Bernard, La Owner: Lura Mae Guillory (Renewal) (Beer & Liquor) 3. EMA, Inc. dba South Lake Foods 7532 East Judge Perez Drive Violet, La Owner(s): Manuel & Eva Nicosia (Renewal) (Beer & Liquor) 4. Dingo s LLC dba Da Bayou Swamp Bar 2029 Paris Road Chalmette, La Owner: Edward Legnon Jr. (New) (Beer & Liquor) 5. ES&A,Inc. dba Daiquiri Paradise 201 W. Judge Perez Drive Chalmette, La Owner: Mai Nguyen (Renewal) (Beer & Liquor) 6. Hot Wok Asian Buffet, Inc. dba Hot Wok Asian Buffet 8700 W. Judge Perez Dr., Ste. O Chalmette, La Owner: Shan Rong Lin (Renewal) (Beer & Liquor) 7. Five Happiness Food Store, LLC dba Five Happiness Food Store 8953 W. Judge Perez Dr. Chalmette, La Owner: My Tran (Renewal) (Beer & Liquor)

7 Minutes of the St. Bernard Parish Council Meeting of December 5, 2017 Page El Patron, Inc. dba El Patron Mexican Restaurant 3109 Jean Lafitte Pkwy. Chalmette, La Owners: Adilene Avalos & Irene Sanchez De Avalos (Renewal) (Beer & Liquor) 9. Jerome & Anthony, LLC dba Quick Wok Chinese Restaurant 9212 W. Judge Perez Dr., Ste. A Chalmette, La Owners: Huan Nguyen, Nga Vu, Hao Nguyen, & Huong Vu (Renewal) (Beer & Liquor) 10. Frozen Fantasies, LLC dba Frozen Fantasies 3120 E. Judge Perez Drive Meraux, La Owners: Harry Meraux Fisher & Herbie Meraux Fisher (Renewal) (Beer & Liquor) 11. Ben s Pizza #2, LLC dba Ben s Pizza # East Judge Perez Drive Meraux, La Owners: Addlee & Stacey Martin (Renewal) (Beer & Liquor) 12. Ha Four Evergreen dba Ruby Express 1515 E. Judge Perez Dr. Ste. 4 Chalmette, La Owner: Hanh Vu (Renewal) (Beer & Liquor) Special Event 1. Name of Organization: Frozen Fantasies Address: 120 E. Judge Perez Dr. Meraux, La Name of Event: Bayou Road Balloon Festival Location of Event: 8201 W. Judge Perez Drive Chalmette, La Date: November 10-12, 2017 Time: 11AM-5PM Contact: Heather Fandino 2. Name of Organization: OANA Address: P.O. Box 112 Arabi, La Name of Event: Sippin in the Sunset Location of Event: Aycock Barn Date: November 9, 2017 Time: 6PM-9PM Contact: Barry Lemoine 3. Name of Organization: St. Bernard Irish Italian Islenos Parade Address: P.O. Box 1487 Chalmette, La Name of Event: St. Bernard Irish, Italian, Islenos Parade Location of Event: 8201 W. Judge Perez Drive (Civic Center) Chalmette, La Date: April 14, 2018 Time: 11AM-5PM Contact: Chad O Neil The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: McCloskey, Gorbaty, Luna, Alcon, Montelongo None

8 Minutes of the St. Bernard Parish Council Meeting of December 5, 2017 Page -4- ABSENT: ABSTAINED: None Callais The Council Chair, Mr. Lewis, cast his vote as ABSTAIN. And the motion was declared adopted on the 5 th day of December, #9 On motion of Mrs. Alcon, seconded by Mr. McCloskey, it was moved to adopt the following resolution: RESOLUTION SBPC # BE IT RESOLVED, that the St. Bernard Parish Council, the Governing Authority, does hereby approve the following permits as recommended by the Alcohol Beverage and Bingo Department: Beer and/or Liquor Permit(s) 1. J & R Quick Stop J & R Quick Stop 8245 W. Judge Perez Drive Chalmette, La Owner: Lawrence Bienvenvue (Renewal) (Beer & Liquor) 2. Halo 1, LLC dba Meraux Quick Stop 3112 E. St. Bernard Hwy. Meraux, La Owners: Hamdi Jabbar & Abder Askar (Renewal) (Beer & Liquor) 3. Hoffer s Enterprises, LLC Hoffer s Discount Discount Stop 2545 B Paris Road Chalmette, La Owners: Susan Hoffer & Tracey Green (Renewal) (Beer & Liquor) The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: ABSTAINED: McCloskey, Gorbaty, Luna, Alcon, Montelongo None None Callais The Council Chair, Mr. Lewis, cast his vote as ABSTAIN. And the motion was declared adopted on the 5 th day of December, #10 On motion of the Chair, without objection and by unanimous consent, it was moved to remove the following resolution: RESOLUTION SBPC # A RESOLUTION AUTHORIZING THE ISSUANCE OF A FUELMAN CARD TO THE PARISH PRESIDENT. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais

9 Minutes of the St. Bernard Parish Council Meeting of December 5, 2017 Page -5- NAYS: ABSENT: None None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, #11 On motion of Mr. McCloskey, seconded by Mr. Gorbaty, it was moved to adopt the following resolution: RESOLUTION SBPC # BE IT RESOLVED, that the St. Bernard Parish Council, the Governing Authority, does hereby adopt the following St. Bernard Parish Council Meeting dates for 2017: January 2, 7:00 p.m. January 16, 3:00 p.m. February 6, 7:00 p.m. February 20, 3:00 p.m. March 6, 7:00 p.m. March 20, 3:00 p.m. April 3, 7:00 p.m. April 17, 3:00 p.m. May 1, 7:00 p.m. May 15, 3:00 p.m. June 5, 7:00 p.m. June 19, 3:00 p.m. July 3, 7:00 p.m. July 17, 3:00 p.m. August 7, 7:00 p.m. August 21, 3:00 p.m. September 4, 7:00 p.m. September 18, 3:00 p.m. October 2, 7:00 p.m. October 16, 3:00 p.m. November 6, 7:00 p.m. November 20, 3:00 p.m. December 4, 7:00 p.m. December 18, 3:00 p.m. All meetings will be held at 8201 W. Judge Perez Drive, Chalmette in the Council Chambers The minutes of each meeting are posted at and in the St. Bernard Voice. For more information call or The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais None None The Council Chair, Mr. Lewis, cast his vote as YEA.

10 Minutes of the St. Bernard Parish Council Meeting of December 5, 2017 Page -6- And the motion was declared adopted on the 5 th day of December, #12 On motion of Mrs. Alcon, seconded by Mr. Luna, it was moved to adopt the following ordinance: Summary No Introduced by: Administration on 10/3/17 Public hearing held on 12/5/17 AN ORDINANCE TO ADOPT THE 2018 ST. BERNARD PARISH ANNUAL OPERATING AND CAPITAL BUDGET. Discussion ensued; On motion of Ms. Callais, seconded by Mrs. Alcon, it was moved to amend this item as submitted in the updated budget package. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais None None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, On motion of Mr. Lewis, seconded by Mr. Gorbaty, it was moved to amend in fund 001- section 2010 to add a new line item called the budget contingency fund in the amount of $7,100,749. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais None None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, On motion of Mrs. Alcon, seconded by Mr. Luna, it was moved to adopt the following ordinance, as amended: ORDINANCE SBPC # Summary No. 3537

11 Minutes of the St. Bernard Parish Council Meeting of December 5, 2017 Page -7- Introduced by: Administration on 10/3/17 Public hearing held on 12/5/17 AN ORDINANCE TO ADOPT THE 2018 ST. BERNARD PARISH ANNUAL OPERATING AND CAPITAL BUDGET. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais None None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, #13 On motion of Ms. Callais, seconded by Mr. McCloskey, it was moved to adopt the following ordinance: Summary No Introduced by: Administration on 11/7/17 Public hearing held on 11/21/17 Tabled on 11/21/17 until 12/5/17 AN ORDINANCE AUTHORIZING THE LEASE/GRANT OF SERVITUDE FOR 434 E. JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA On motion of Mr. Luna, seconded by Ms. Alcon, it was moved to amend page (3) to remove the changes made in section (a) and to change (b) from $1.00 to $1, per year. Discussion ensued; The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna McCloskey, Gorbaty, Alcon, Montelongo, Callais None The Council Chair, Mr. Lewis, cast his vote as NAY. And the motion was declared failed on the 5 th day of December, On motion of Ms. Callais, seconded by Mr. McCloskey, it was moved to adopt the following ordinance, as originally submitted for adoption: ORDINANCE SBPC #

12 Minutes of the St. Bernard Parish Council Meeting of December 5, 2017 Page -8- Summary No Introduced by: Administration on 11/7/17 Public hearing held on 11/21/17 Tabled on 11/21/17 until 12/5/17 AN ORDINANCE AUTHORIZING THE LEASE/GRANT OF SERVITUDE FOR 434 E. JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais None None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, #14 On motion of Mr. Gorbaty, seconded by Mr. McCloskey, it was moved to adopt the following ordinance: Summary No Introduced by: Councilman Lewis on 11/7/17 Public hearing held on 11/21/17 Tabled on 11/21/17 until 12/5/17 ORDINANCE SBPC # AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE AUTHORIZING THE LEASE OF PUBLIC SERVITUDE FOR 418 W. JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA Discussion ensued; The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Alcon, Montelongo, Callais Luna None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, #15 On motion of Mr. Luna, seconded by Mr. McCloskey, it was moved to adopt the following ordinance: ORDINANCE SBPC # Summary No. 3546

13 Minutes of the St. Bernard Parish Council Meeting of December 5, 2017 Page -9- Introduced by: Councilman Luna on 11/21/17 Public hearing held on 12/5/17 AN ORDINANCE TO AMEND CHAPTER 19, STREETS AND OTHER PUBLIC WAYS; ARTICLE I IN GENERAL; TO CREATE AND ADD SECTION 19-6; PLACEMENT OF TEMPORARY CONSTRUCTION (ROLL-OFF) DUMPSTERS ON STREETS. Discussion ensued; The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais None None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, #16 On motion of Mrs. Alcon, seconded by Mr. Montelongo, it was moved to adopt the following ordinance: Summary No Introduced by: Councilmember Alcon on 11/21/17 Public hearing held on 12/5/17 ORDINANCE SBPC # AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE TO ADOPT THE 2017 ST. BERNARD PARISH ANNUAL OPERATING AND CAPITAL BUDGET. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais None None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, #17 On motion of Mrs. Alcon, seconded by Mr. Lewis, it was moved to introduce the following ordinance: Summary No Introduced by: Councilmember Alcon on 12/5/17 AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE AUTHORIZING THE CREATION OF THE FILM ST. BERNARD, AN INCENTIVE PROGRAM THROUGH WHICH A REBATE MAY

14 Minutes of the St. Bernard Parish Council Meeting of December 5, 2017 Page -10- BE OFFERED FOR LODGING, PAYROLL, AND OTHER PRODUCTION EXPENDITURES MADE IN ST. BERNARD PARISH FOR PRE-APPROVED PRODUCTIONS. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: McCloskey, Gorbaty, Luna, Alcon, Montelongo, Callais None None The Council Chair, Mr. Lewis, cast his vote as YEA. And the motion was declared adopted on the 5 th day of December, #18 Coastal Zone Advisory Committee No official action was taken. There being no further business for discussion, the Council Chair declared the meeting adjourned at 8:42 p.m. on the 5 th day of December, Next Regular scheduled Council Meeting will be held Tuesday, December 19, 3:00 p.m. COPIES OF ALL RESOLUTIONS AND ORDINANCES IN THEIR ENTIRETY ARE ON FILE AT THE CLERK OF COUNCIL S OFFICE AND ARE AVAILABLE FOR PUBLIC VIEWING. Ashley Adams_ ASHLEY ADAMS DEPUTY CLERK OF COUNCIL Richard Lewis RICHARD RICHIE LEWIS COUNCIL CHAIR

15 #1 EXTRACT OF THE OFFICIAL PROCEEDINGS OF THE COUNCIL OF THE PARISH OF ST. BERNARD, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD IN THE COUNCIL CHAMBERS OF THE ST. BERNARD PARISH GOVERNMENT COMPLEX, 8201 WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA ON TUESDAY, DECEMBER 19, 2017 AT THREE O CLOCK P.M. On motion of Mr. XXX, seconded by Mr. XXX, it was moved to approve the minutes of the December 5, 2017 Regular Council Meeting as published in the official journal, the St. Bernard Voice on Friday, December 15, The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: The Council Chair, Mr. Lewis, cast his vote as XXX. And the motion was declared xxxxxx on the 5 th day of December, C E R T I F I C A T E I HEREBY CERTIFY that the above and foregoing is a true and correct copy of a motion adopted at a Regular Meeting of the Council of the Parish of St. Bernard, held at Chalmette, Louisiana, on Tuesday, December 19, Witness my hand and the seal of the Parish of St. Bernard on this 19 th day of December, ROXANNE ADAMS CLERK OF COUNCIL

16 SUMMARY NO EXHIBIT A ORDINANCE SBPC #XXXX-XX-XX Film St. Bernard Incentives Program Original Ordinance SBPC # Amended on 8/16/17 Ordinance SBPC # Purpose and Description of St. Bernard Parish Film Industry Incentive Rebate Program A. The purpose of this program is to encourage growth and investment in St. Bernard Parish by developing a strong base for motion-picture film, videotape, digital, and television program productions. B. The St. Bernard Parish film industry incentive offers a rebate for lodging, payroll expenses, and other production expenditures made in St. Bernard Parish, including but not limited to sound stage or location leases and post-production costs. 2. Definitions. The following terms should have the meanings provided, unless the context clearly indicates otherwise. Completion of production means that post-production of a film has been finished and a cut negative, video master or other final locked form of the film is ready for striking of prints or electronic copies, and/or ready for broadcast or delivery to a distributor. Expended by a pre-approved production in St. Bernard Parish a. In the case of tangible property, means property which is acquired from a source within St. Bernard Parish and provided by an individual or entity doing business in St. Bernard Parish which pays St. Bernard Parish sales tax. b. In the case of services, means procured from within St. Bernard Parish, performed in St. Bernard Parish and provided by an individual or entity doing business in St. Bernard Parish which has an occupational license in St. Bernard Parish. Film Incentive Review Panel (FIRP) a five (5) person panel consisting of the following: a. Two (2) CPA s within the community 1. Parish President will recommend two (2) CPA s to the Council for adoption via resolution. b. Economic Development Director c. Council Chair or their appointee d. Film Director St. Bernard Parish-approved production a production approved by the Film Incentive Review Panel (FIRP). The production must have a viable multimarket commercial distribution plan, and either have its production office located in St. Bernard Parish or use a soundstage facility located within St. Bernard Parish. 1

17 SUMMARY NO EXHIBIT A ORDINANCE SBPC #XXXX-XX-XX Louisiana State-certified production a production approved by the Louisiana Office of Entertainment Industry Development and the Louisiana Department of Economic Development produced by a motion picture production company domiciled and headquartered in Louisiana which has a viable multi-market commercial distribution plan. Non-Allowable Production Expenditures the following expenses are NOT eligible to qualify as St. Bernard Parish production expenditures: a. Overhead and similar expenses do not qualify as production expenditures unless the expenditures were incurred in St. Bernard Parish and directly used in a pre-approved production; b. Post-production expenditures for marketing and distribution; c. Any amounts that are later reimbursed; d. Any amounts that are paid to persons or entities as a result of their participation in profits from the exploitation of the production; e. Construction of film or post-production facilities; f. Flow-through costs for services not performed in St. Bernard Parish or for goods not procured from within St. Bernard Parish. Payroll includes all salary and wages, including related benefits, sourced or apportioned to a St. Bernard Parish resident paid for an approved St. Bernard Parish production. Payroll expended on St. Bernard Parish residents means the gross amount of wages and salaries as reflected on Form W-2 (the amount listed on Item 1 of Form W-2 wages, tips, and other compensation) and the amount listed in Form 1099 that is actually paid to a St. Bernard Parish resident. Qualified Production means a nationally distributed feature-length film, video, television movie, television series, television pilot, or commercial made in St. Bernard Parish, in whole or in part, for theatrical or television viewing or as a television pilot. The term does not include the production of a: news or current affairs program, interview or talk program, magazine program, variety or skit program, how-to (i.e., instructional) film or program, film or program consisting primarily of stock footage, sporting event or sporting program, award ceremony, film or program intended primarily for industrial, corporate or industrial end-users, fundraising film or program, or daytime drama (i.e., daytime soap opera ). The term also does not include a production for which records are required under section 2257 of Title 18, United States Code, to be maintained with respect to any performer in such production (reporting of books, films, etc. with respect to sexually explicit content). Production expenditures means reasonable and customary preproduction, production, and post-production expenditures directly incurred in St. Bernard Parish in or from an establishment located within St. Bernard Parish which pays occupational license or sales 2

18 SUMMARY NO EXHIBIT A ORDINANCE SBPC #XXXX-XX-XX tax in St. Bernard Parish that are used directly in an approved production, including without limitation the following: a. Set construction and operation; b. Wardrobes, make-up, accessories, and related services; c. Costs associated with photography and sound synchronization, lighting, and related services and materials; d. Editing and related services; e. Rental of facilities and equipment; f. Leasing of vehicles; g. Costs of food and lodging; h. Digital or tape editing, film processing, transfer of film to tape or digital format, sound mixing, special and visual effects (if services are performed in St. Bernard Parish); i. Qualified payroll expenses; j. Music, if performed, composed, or recorded by a St. Bernard Parish resident, or released or published by a St. Bernard Parish-domiciled and headquartered company; k. Insurance costs or bonding, if purchased through a St. Bernard Parish based agency; l. Travel expenses, provided that the trip must have a beginning or ending location in St. Bernard Parish, and any travel agency used must be in St. Bernard Parish. Production Facility a physical facility functioning as a soundstage that provides the goods and services necessary for completing the major activities of motion picture production. Production Office- an office from which the routine business activities (such as record storage, secretarial services, telephone and other communication modes), associated with film making are conducted. Cannot be a hotel or residential residence. Qualified St. Bernard Parish payroll expenses payroll expenses paid to a natural person who is at the time of production, and for a period of at least six months prior to commencing work on the production or project, was a resident of St. Bernard Parish. Residency will be determined using the residency form required by FIRP, and submission of documentation as required by the form, including picture I.D. and one of the following issued in the employee s name: lease or act of sale or two other forms of identification, such as utility bill, or voter registration. Qualified Lodging St. Bernard Parish establishments which pay sales, hotel/motel, occupational license, or ad valorem taxes in St. Bernard Parish. Qualified lease or rental expenses lease or rental expenses for sound stage, location or production offices paid for a site in St. Bernard Parish and which pays occupational license or ad valorem tax in St. Bernard Parish, or holds an exemption from payment of such taxes. 3

19 3. Requirements for Film Incentive Rebate SUMMARY NO EXHIBIT A ORDINANCE SBPC #XXXX-XX-XX A. Production must either: 1. Have its principal Louisiana production office located within St. Bernard Parish, or 2. Use a soundstage facility located within St. Bernard Parish, and; B. Each individual production must have acceptable expenditures of the types listed in section 4, paid within St. Bernard Parish, amounting to at least $150, C. The production company must agree to include the Filmed in St. Bernard Parish, Louisiana logo in its credits, and further to provide St. Bernard Parish with at least 2 still shots to be used in St. Bernard Parish promotional activities, and to reasonably assist St. Bernard in its promotional activities. D. In order to receive incentives based on a St. Bernard Parish-located production office, all production office operations must be performed at that location and not at alternative locations within Louisiana. 4. Qualifying Acceptable Expenditures A. Lodging Rebate 3.5% rebate on all lodging expenses for cast and crew incurred in St. Bernard Parish establishments which pay sales, hotel/motel, occupational license, or ad valorem taxes in St. Bernard Parish. B. Payroll Rebates 3.5% rebate on payroll expenses of cast and crew who are, and for a period of at least six months prior to commencing work on the production or project, were residents of St. Bernard Parish. C. Lease or Rental Expenses 3.5% rebate on all lease or rental expenses for sound stage, location or production offices paid for a site in St. Bernard Parish which pays occupational license or ad valorem tax in St. Bernard Parish, or holds an exemption from payment of such taxes. D. Other Production Expenses 3.5% rebate on any other production expense incurred at an establishment located in St. Bernard Parish which pays occupational license or sales tax in St. Bernard Parish. 5. Application for the Film Incentive Rebate A. An applicant for the St. Bernard Parish film incentive rebate should submit an initial application for preapproval to the St. Bernard Parish Government, attn: TBD, 8201 W. Judge Perez Drive, Chalmette, LA 70043, that includes a detailed preliminary budget, multi-market detailed distribution plan, applicable lease or rental agreement and a script synopsis (including principal creative elements). 4

20 SUMMARY NO EXHIBIT A ORDINANCE SBPC #XXXX-XX-XX 6. Approval of Film Incentives Rebate A. Preliminary Approval: FIRP will issue approval of productions as follows: 1. St. Bernard Parish-Approved Production: to obtain the approval from the FIRP for a parish-approved production, the applicant must complete the St. Bernard Parish Film Incentive Request Preliminary Questionnaire and submit it to the St. Bernard Parish Film Office, requesting approval of the production as a parish-approved production and setting forth the following information (as may be applicable): a. Working title of the production for which approval is requested. Should the title change, the parish-approved production needs to inform the parish as soon as that change is made; b. Name of the requesting production company; c. Name, telephone number, address and attesting signature of the requesting production company s contact person; d. Approximate beginning and ending date of production in St. Bernard Parish e. St. Bernard Parish office address, if applicable; f. Telephone number of requesting company s St. Bernard Parish office address, if applicable; g. Address of sound stage facility located within St. Bernard Parish, if applicable; h. A preliminary budget including the estimated total production-related costs, estimated total of production-related costs to be expended in St. Bernard Parish, and estimated St. Bernard Parish payroll; i. List of principal creative elements such as principle cast, producer, director, and music supervisor; j. Facts sufficient for FIRP to determine each of the following: i) That the requesting production is a qualified production as defined in these rules, and ii) That the requesting production company has either a viable multi-market distribution plan or a signed distribution agreement with either a major theatrical exhibitor, television network, or cable television programmer for distribution of the production for which approval is requested. B. Interim Payments and Time Limits 1. Upon reaching the $150, threshold of acceptable payments, applicant may apply for an interim payment. The interim payment must be requested no later than six months from the start of occupancy as per the lease or rental agreement. This program is administered on a first-come, first-served basis. Payment of rebates is made on a first-come, first-served basis. 2. When the production efforts in St. Bernard Parish are completed, applicant may apply for a final payment. Final p Payment is subject to completion of production and to the final approval and audit requirements listed in subsection C of this section and must be 5

21 SUMMARY NO EXHIBIT A ORDINANCE SBPC #XXXX-XX-XX requested no later than twenty four months from the start of occupancy as per the lease or rental agreement. Should production in St. Bernard Parish extend past twenty four months, the production company may petition FIRP for an extension of this time limit. C. Approval of Expenditures and Audit Requirements 1. Prior to any final approval of the expenditures of a parish-approved production and the issuance of any film incentive rebate, the motion picture production company should submit to the parish a cost report of production expenditures audited and certified by an independent certified public accountant. St. Bernard Parish may audit the cost report submitted by the motion picture production company. The following procedures set forth minimum standards for acceptability of the audit to be performed by a certified public accountant. The certified public accountant s report should, at a minimum, meet the following requirements: a. The auditor auditing the report should be a Certified Public Accountant licensed in the State of Louisiana and should be an independent third party, not related to the production company; b. The auditor s opinion must be addressed to the party who has engaged the auditor (e.g. Directors of the production company); c. The auditor s name, address, and telephone number must be evident on the report; d. The auditor s opinion must be dated as of the completion of the audit fieldwork; e. The audit should be performed in accordance with auditing standards generally accepted in the United States of America, and; f. The auditor should have demonstrated sufficient knowledge of accounting principles and practices generally recognized in the motion picture industry. 7. Incentive Funding Caps St. Bernard Parish film industry incentives are provided for and capped as follows: A. Basic Cap $100, total to any individual qualified project or production. B. Payment of incentives is subject to available funding. When all available funding is expended, no new incentives will be paid unless and until additional funds are appropriated and available. 6

22 PUBLIC HEARING NOTICE THE ST. BERNARD PARISH COUNCIL WILL HOLD A PUBLIC HEARING ON TUESDAY, DECEMBER 19, 2017 THREE (3:00) O CLOCK P.M. AT THE COUNCIL CHAMBERS OF THE GOVERNMENT COMPLEX, LOCATED AT 8201 WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA TO RECEIVE COMMENTARY ON THE FOLLOWING PROPOSED ORDINANCE INTRODUCED AT THE DECEMBER 5, 2017 COUNCIL MEETING: Summary No Introduced by: Councilmember Alcon on 12/5/17 AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE AUTHORIZING THE CREATION OF THE FILM ST. BERNARD, AN INCENTIVE PROGRAM THROUGH WHICH A REBATE MAY BE OFFERED FOR LODGING, PAYROLL, AND OTHER PRODUCTION EXPENDITURES MADE IN ST. BERNARD PARISH FOR PRE-APPROVED PRODUCTIONS. ST. BERNARD PARISH COUNCIL DOES HEREBY ORDAIN: SECTION 1. That the St. Bernard Parish Council does hereby amend Ordinance SBPC # as described in the attached Exhibit A. SECTION 2. Effective Date. This Ordinance shall become effective immediately upon authorizing signature by the Parish President. In the event of a presidential veto, this Ordinance shall become effective upon a two-thirds favorable vote of the total membership of the Council pursuant to Sections 2-11 and 2-13 of the St. Bernard Parish Home Rule Charter. SECTION 3. Severability. If any section, clause, paragraph, provision or portion of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, paragraph, provision or portion of this Ordinance, the St. Bernard Parish Council hereby expresses and declares that it would have adopted the remaining portion this Ordinance with the invalid portions omitted. BY DIRECTION OF Richard Richie Lewis RICHARD RICHIE LEWIS COUNCIL CHAIR

23 fàa UxÜÇtÜw ctü á{ VÉâÇv Ä KECD jxáà ]âwzx cxüxé WÜ äx V{tÄÅxààx? _ta JCCGF (Office) (Fax) PUBLIC HEARING NOTICE THE ST. BERNARD PARISH COUNCIL WILL HOLD A PUBLIC HEARING AT ITS REGULAR SCHEDULED COUNCIL MEETING ON TUESDAY DECEMBER 19, 2017 AT THREE (3:00) O CLOCK P.M. IN THE COUNCIL CHAMBERS OF THE GOVERNMENT COMPLEX, LOCATED AT 8201 WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA TO DETERMINE WHETHER TO PROCEED WITH THE CONDEMNATION AND DEMOLITION OF THE FOLLOWING IN-GROUND SWIMMING POOL Livacarri Drive, Meraux, LA BY DIRECTION OF Richard Lewis RICHARD LEWIS COUNCIL CHAIRMAN

24 #9 EXTRACT OF THE OFFICIAL PROCEEDINGS OF THE COUNCIL OF THE PARISH OF ST. BERNARD, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD IN THE COUNCIL CHAMBERS OF THE ST. BERNARD PARISH GOVERNMENT COMPLEX, 8201 WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA ON TUESDAY, DECEMBER 19, 2017 AT THREE O CLOCK P.M. On motion of Mr. XXX, seconded by Mr. XXX, it was moved to adopt the following resolution: RESOLUTION SBPC # BE IT RESOLVED, that the St. Bernard Parish Council, the Governing Authority, does hereby approve the following permits as recommended by the Alcohol Beverage and Bingo Department: Beer and/or Liquor Permit(s) 1. Karcrist Services, LLC dba Sabor Latino 7543 W. Judge Perez Dr., Ste. A Arabi, La Member: Mayra Z. Taylor (Renewal) (Beer & Liquor) 2. Louisiana CVS Pharmacy, LLC dba CVS / Pharmacy # Paris Road Chalmette, La Manager: Steve Loyola (Renewal) (Beer & Liquor) 3. Haider Management, LLC dba Stella Maris Café & Grocery 7555 W. Judge Perez Dr. Arabi, La Owner: Nashat Haider (Renewal) (Beer & Liquor) 4. J. Fernandez, LLC dba Julie s Tavern 8431 W. St. Bernard Hwy. Chalmette, La Owner: Julie Fernandez (Renewal) (Beer & Liquor) 5. Lehrmann s Inc. dba Lehrmann s Bar 135 W. St. Bernard Hwy. Chalmette, La Owner: Ronald Lehrmann Sr. (Renewal) (Beer & Liquor) 6. King Discount Tobacco & Liquor, LLC dba King Discount Tobacco & Liquor 8700 W. Judge Perez Dr., Ste. W Chalmette, La Member: Suleimon Darweesh (Renewal) (Beer & Liquor)

25 Page -2- Extract #9 continued December 19, 2017 Special Event 1. Name of Organization : Knights of Nemesis Social Club and Parade Address of Organization: P.O. Box 291 Arabi, La Event: Nights of Nemesis Parade Date: February 3, 2018 Time: 1:00 PM Location: Starting at 8201 W. Judge Perez Dr Contact: Billy Showalter The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: ABSTAINED: The Council Chair, Mr. Lewis, cast his vote as XXX. And the motion was declared xxxxxx on the 5 th day of December, C E R T I F I C A T E I HEREBY CERTIFY that the above and foregoing is a true and correct copy of a motion adopted at a Regular Meeting of the Council of the Parish of St. Bernard, held at Chalmette, Louisiana, on Tuesday, December 19, Witness my hand and the seal of the Parish of St. Bernard on this 19 th day of December, ROXANNE ADAMS CLERK OF COUNCIL

26 #10 EXTRACT OF THE OFFICIAL PROCEEDINGS OF THE COUNCIL OF THE PARISH OF ST. BERNARD, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD IN THE COUNCIL CHAMBERS OF THE ST. BERNARD PARISH GOVERNMENT COMPLEX, 8201 WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA ON TUESDAY, DECEMBER 19, 2017 AT THREE O CLOCK P.M. On motion of xxxx, seconded by xxxx, it was moved to adopt the following resolution: RESOLUTION SBPC # A RESOLUTION TO APPOINT MEMBERS TO THE ST. BERNARD PARISH HOME MORTGAGE AUTHORITY. WHEREAS, there are two vacant and unexpired positions on the St. Bernard Parish Home Mortgage Authority, and; WHEREAS, this Council is desirous to appoint XXXX and XXXX to fill the unexpired terms; NOW THEREFORE, BE IT RESOLVED, that the St. Bernard Parish Council, the Governing Authority, does hereby appoint the following to the St. Bernard Parish Hospital Service District: Member Expiration Date XXXX April 2019 XXXX March 2020 BE IT FURTHER RESOLVED, that these appointments are effective immediately with the passage of this Resolution. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: The Council Chair, Mr. Lewis, cast his vote as XXX. And the motion was declared adopted on the 19 th day of December, 2017.

27 Page -2- Extract #10 continued December 19, 2017 C E R T I F I C A T E I HEREBY CERTIFY that the above and foregoing is a true and correct copy of a motion adopted at a Regular Meeting of the Council of the Parish of St. Bernard, held at Chalmette, Louisiana, on Tuesday, December 19, Witness my hand and the seal of the Parish of St. Bernard on this 19 th day of December, ROXANNE ADAMS CLERK OF COUNCIL

28 #11 EXTRACT OF THE OFFICIAL PROCEEDINGS OF THE COUNCIL OF THE PARISH OF ST. BERNARD, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD IN THE COUNCIL CHAMBERS OF THE ST. BERNARD PARISH GOVERNMENT COMPLEX, 8201 WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA ON TUESDAY, DECEMBER 19, 2017 AT THREE O CLOCK P.M. On motion of xxxx, seconded by xxxx, it was moved to adopt the following resolution: RESOLUTION SBPC # A RESOLUTION TO APPOINT MEMBERS TO THE ST. BERNARD PARISH TOURIST COMMISSION. WHEREAS, there are two expired terms on the St. Bernard Parish Tourist Commission causing a vacancies on said board, and; WHEREAS, this Council is desirous to renew Claire Henderson and Lena Nunez s term, and; NOW THEREFORE, BE IT RESOLVED, that the St. Bernard Parish Council, the Governing Authority, does hereby appoint the following to the St. Bernard Parish Tourist Commission. Member Expiration Date Claire Henderson January 2021 Lena Nunez January 2021 BE IT FURTHER RESOLVED, that these appointments are effective immediately with the passage of this Resolution. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: The Council Chair, Mr. Lewis, cast his vote as XXX. And the motion was declared adopted on the 19 th day of December, 2017.

29 Page -2- Extract #11 continued December 19, 2017 C E R T I F I C A T E I HEREBY CERTIFY that the above and foregoing is a true and correct copy of a motion adopted at a Regular Meeting of the Council of the Parish of St. Bernard, held at Chalmette, Louisiana, on Tuesday, December 19, Witness my hand and the seal of the Parish of St. Bernard on this 19 th day of December, ROXANNE ADAMS CLERK OF COUNCIL

30 #12 EXTRACT OF THE OFFICIAL PROCEEDINGS OF THE COUNCIL OF THE PARISH OF ST. BERNARD, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD IN THE COUNCIL CHAMBERS OF THE ST. BERNARD PARISH GOVERNMENT COMPLEX, 8201 WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA ON TUESDAY, DECEMBER 19, 2017 AT THREE O CLOCK P.M. On motion of xxxx, seconded by xxxx, it was moved to adopt the following resolution: RESOLUTION SBPC # A RESOLUTION TO APPOINT MEMBERS TO THE ST. BERNARD PARISH HOSPITAL SERVICE DISTRICT. WHEREAS, there are two expired terms on the St. Bernard Parish Hospital Service District causing vacancies on said board, and; WHEREAS, this Council is desirous to appoint XXXX and XXXX to fill the two expired positions, and; NOW THEREFORE, BE IT RESOLVED, that the St. Bernard Parish Council, the Governing Authority, does hereby appoint the following to the St. Bernard Parish Hospital Service District: Member Expiration Date XXXX December 2023 XXXX December 2023 BE IT FURTHER RESOLVED, that these appointments are effective immediately with the passage of this Resolution. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: The Council Chair, Mr. Lewis, cast his vote as XXX. And the motion was declared adopted on the 19 th day of December, 2017.

31 Page -2- Extract #12 continued December 19, 2017 C E R T I F I C A T E I HEREBY CERTIFY that the above and foregoing is a true and correct copy of a motion adopted at a Regular Meeting of the Council of the Parish of St. Bernard, held at Chalmette, Louisiana, on Tuesday, December 19, Witness my hand and the seal of the Parish of St. Bernard on this 19 th day of December, ROXANNE ADAMS CLERK OF COUNCIL

32 COOPERATIVE ENDEAVOR AGREEMENT CONCERNING THE HOMESTEAD EXEMPTION MAPPING SYSTEM This Cooperative Endeavor Agreement Concerning the Homestead Exemption Mapping System (hereinafter the Agreement ) is entered into by and between: ST. BERNARD PARISH GOVERNMENT, a political subdivision of the State of Louisiana and the governing authority for St. Bernard Parish, represented herein by the Parish President, Guy McInnis ( SBPG ); ST. BERNARD PARISH TAX ASSESSOR, a political subdivision of the State of Louisiana, represented herein by the Tax Assessor of St. Bernard Parish, Assessor Jaylynn Bergeron Turner (the Tax Assessor ); and ST. BERNARD PARISH SHERIFF, a political subdivision of the State of Louisiana, represented herein by the Sheriff of St. Bernard Parish, James Pohlmann (the Sheriff ) SBPG, the Tax Assessor, and the Sheriff may each be individually referred to as Party and collectively as Parties. RECITALS WHEREAS, the Parties mutually acknowledge and agree that unlawfully claimed Homestead Exemptions and Senior, Disabled, Veteran Freeze assessments deprive the Parish and its citizens from the revenue it is otherwise entitled to; WHEREAS, the Parties mutually acknowledge and agree that the Parish has a direct financial interest in identifying those properties unlawfully receiving Homestead Exemptions and/or Senior, Disabled, Veteran Freeze assessments, enforcing these Violations, and collecting the taxes owed to the Parish by the Violators; WHEREAS, the Parties mutually acknowledge and agree that the Tax Assessor is the Parish entity responsible for administering the evaluation and assessment of properties located within the Parish; WHEREAS, the Parties mutually acknowledge and agree that the Sheriff is the Parish entity responsible for administering the collection of taxes owed to the Parish; WHEREAS, the Parties mutually acknowledge and agree that the Tax Assessor desires to implement the Homestead Exemption Mapping System and utilize Violation Maps to more efficiently and effectively identify, locate, and enforce Homestead Exemption and Senior, Disabled, Veteran Freeze assessment violations, monitor, track, and analyze trends in Homestead Exemption and Senior, Disabled, Veteran Freeze assessment violations to prevent future violations, and otherwise carry out its duties as provided for under the laws of the State of Louisiana; WHEREAS, it is the mutual objective of the Parties to more accurately track, identify, enforce, and reduce the incidence of unlawfully claimed Homestead Exemptions and/or Senior, Disabled, Veteran Freeze assessments which deprive the Parish and its citizens from the revenue it is otherwise entitled, this Agreement will result in benefits to the Parish which exceed the obligations owed herein; Page 1 of 7 Cooperative Endeavor Agreement Concerning The Homestead Exemption Mapping System

33 WHEREAS, for the public purpose of reducing the incidence of unlawfully claimed Homestead Exemption and/or Senior, Disabled, Veteran Freeze assessments, the Parties acknowledge and agree to cooperate in the implementation and execution of the Homestead Exemption Mapping System; WHEREAS, the Parties mutually agree that the Tax Assessor shall contract with Assessure Systems, L.L.C. for the implementation of the Homestead Exemption Mapping System, as more particularly identified in the Homestead Exemption Mapping System Agreement between the Tax Assessor and Assessure; WHEREAS, the Parties mutually acknowledge and agree that SBPG, as the governing authority of the Parish, is the Parish entity legally obligated under La. R.S. 33:4713 to purchase the maps necessary for the Tax Assessor s official duties and bill the other Tax Recipient Bodies in the Parish in the proportion of the amount received from such tax monies by each recipient body; WHEREAS, the Parties mutually acknowledge and agree that the Tax Assessor has demonstrated its need for said Violation Maps and the Homestead Exemption Mapping System and that they are necessary for the performance of the Tax Assessor s official duties; WHEREAS, the Parties mutually agree that SBPG, as the governing authority for the Parish, shall contract with Assessure for the purchase of Homestead Exemption Violation Maps on behalf of the Tax Assessor and in accordance with La. R.S. 33:4713, as more particularly identified in the Homestead Exemption Mapping Systems Purchase Agreement between SBPG and Assessure; WHEREAS, in recognition of and in agreement with the above statements, the Parties desire to execute this Agreement consenting to and authorizing the above acts and specifying each Party s responsibilities and obligations in connection with the implementation and execution of the Homestead Exemption Mapping System. WHEREAS, Article VII, Section 14(C) of the 1974 Constitution of the State of Louisiana and La. R.S. 33:1324, et seq., provide that for a public purpose, public entities, parishes, municipalities, and political subdivisions may engage in and make cooperative endeavor agreements/intergovernmental agreements by and between themselves for specific purposes; WHEREAS, the Parties hereto are authorized and empowered to enter into this Agreement under the provisions of Louisiana law, including, but not limited to, La. R.S. 33:1324, et seq., and Article VII, Section 14(C) of the 1974 Constitution of the State of Louisiana; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows: AGREEMENT 1. DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings: 1.1. Assessure means Assessure Systems, L.L.C Agreement means this Cooperative Endeavor Agreement Concerning the Homestead Exemption Mapping System between SBPG, the Sheriff, and the Tax Assessor. Page 2 of 7 Cooperative Endeavor Agreement Concerning The Homestead Exemption Mapping System

34 1.3. Homestead Exemption means the exemption on homestead provided for in Article 7, Section 20 of the Louisiana Constitution Paid Tax Receipt means the receipt issued by the Tax Collector following the payment of any taxes generated from the Homestead Exemption Mapping System, not paid under protest, or any electronic equivalent, including any digital compilation evidencing the Tax Collector s receipt of property tax payments from violators or thirdparties, which should at a minimum include the following information: (a) the full municipal address of the property for which the taxes were paid; (b) the legal name(s) of the paying property owner(s); (c) the date payment was received by the Sheriff s Office; (d) the total amount of the payment received; (e) the parcel ID or assessment number Parish means the Parish of St. Bernard, State of Louisiana Senior Citizen means an individual sixty-five years of age or older receiving the Senior Freeze assessment Senior Freeze means the fixed special assessment for residential property owned and occupied by a Senior Citizen, or eligible surviving spouse of deceased Senior Citizen, provided for in Louisiana Constitutional Article 7, 18(G)(1)(a)(i) and (iii) and (2) Senior, Disabled, Veteran Freeze means the fixed special assessment for residential property owned and occupied by a Senior, Disabled, Veteran Citizen, or eligible surviving spouse of deceased Senior, Disabled, Veteran Citizen, provided for in Louisiana Constitutional Article 7, 18(G)(1)(a)(i) and (iii) and (2) Sheriff means the duly authorized Sheriff for the Parish and employees acting on behalf of the Sheriff and his office Homestead Exemption Mapping System means the process by which the Tax Assessor and Assessure, in the performance of their respective obligations under the Homestead Exemption Mapping System Agreement, facilitate the identification of properties in the Parish that have claimed, or are claiming, Homestead Exemptions and/or Senior, Disabled, Veteran Freezes in violation of Louisiana law Homestead Exemption Mapping System Agreement means the Exclusive Agreement for the Homestead Exemption Mapping System between the Tax Assessor and Assessure Homestead Exemption Mapping System Purchase Agreement means the Homestead Exemption Mapping System Purchase Agreement between SBPG and Assessure SBPG means the St. Bernard Parish Government, the governing authority for the Parish Tax Assessor means the duly authorized assessor for the Parish and employees acting on behalf of the Tax Assessor and his office Tax Recipient Body means a political subdivision legally authorized to receive ad valorem taxes as shown by the tax bill prepared by the Assessor Violation means a property receiving a Homestead Exemption and/or Senior, Disabled, Veteran Freeze assessment in violation of Louisiana law Violation Map means a map acquired by the Tax Assessor from Assessure and for which compensation is owed to Assessure by SBPG in accordance with the Homestead Page 3 of 7 Cooperative Endeavor Agreement Concerning The Homestead Exemption Mapping System

35 Exemption Mapping System Agreement and Purchase Agreement Violator means the person(s) owning a property deemed by the Tax Assessor to be a Violation. 2. TERM OF AGREEMENT. The initial term of this Agreement shall be for one (1) year from the date this Agreement is executed by the last Party ( Effective Date ). The Parties shall have the right, but not the obligation, to extend the term of this Agreement for up to one (1) additional one-year period ( Renewal Term ) following the expiration of the initial term by agreement of all parties in writing. 3. COOPERATION AND PURPOSE. The Parties mutually agree to coordinate and work together for the implementation and execution of the Homestead Exemption Mapping System in order to reduce the incidence of unlawfully received Homestead Exemptions and Senior, Disabled, Veteran Freeze assessments, to provide for greater economy and efficiency in administering the assessment of properties and the collection of taxes in the Parish, to recover the uncollected revenues the Parish is owed, and to otherwise carry out their respective duties as provided for under the laws of the State of Louisiana more efficiently, effectively, and accurately. To the extent most practical, the Parties agree to work together to provide periodic status updates and/or share relevant information regarding affected parcels to more efficiently and effectively carry out their respective obligations under this Agreement. 4. OBLIGATIONS OF THE PARTIES. Unless otherwise agreed, the Parties shall be responsible for the following obligations: 4.1. Tax Assessor s Obligations. The Tax Assessor shall be the Party responsible for investigating and analyzing the Violation Maps, determining whether the properties identified by such maps are Violations, and assessing and/or re-assessing such Violations in accordance with the Homestead Exemption Mapping System Agreement Sheriff s Obligations. The Sheriff shall be the Party responsible for the following: Collection. The Sheriff shall collect all taxes owed by Violators in the manner provided for under Louisiana law Integration of Collection Tracking System. Provide a minimal level of software integration and/or secure periodic automated reports and/or data transfer to parties to more efficiently and accurately (a) track invoices or tax bills sent to Violators; (b) track properties for which payment is collected as a result of the Homestead Exemption Mapping System; Paid Tax Receipts. The Sheriff shall provide the Tax Assessor, SBPG, and Assessure a copy of all Paid Tax Receipts issued to taxpayers following the payment of any taxes generated from the Homestead Exemption Mapping System on a monthly basis. Such information shall include identification of the subject parcel, assessment number, the proportionate amount withheld from each Tax Recipient Body and paid to SBPG in accordance with La. R.S. 33:4713 for the cost of the Violation Maps acquired Disbursement of Withheld Amounts. In accordance with La. R.S. 33:4713 and the Sheriff s current disbursement practices, the Sheriff shall remit the amount withheld from the Tax Recipient Body to SBPG no later than fifteen (15) days from the date the funds were withheld or in the manner mutually agreed to by the Parties SBPG s Obligations. SBPG shall be responsible for purchasing and paying Assessure for the Violation Maps acquired by the Tax Assessor in accordance with the Homestead Page 4 of 7 Cooperative Endeavor Agreement Concerning The Homestead Exemption Mapping System

36 Exemption Mapping System Purchase Agreement. Upon remitting payment, SBPG shall also be responsible for billing the other Tax Recipient Bodies for their proportionate share of such Violation Maps and notifying the Sheriff of any Tax Recipient Body s failure to remit its proportionate share in accordance with La. R.S. 33:4713 or in the manner mutually agreed upon by SBPG and a Tax Recipient Body. 5. NOTICES. Any notices to be given pursuant to the Agreement shall be in writing, and shall be deemed to have been given: (a) upon delivery, if delivered by hand, (b) by certified mail, return receipt requested, postage and registry fees prepaid, provided the domestic return receipt is both signed and dated at the time of its delivery, (c) one Business Day after being delivered to a reputable overnight courier service (excluding the U.S. Postal Service), prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such Party as set forth below, (d) by , provided the sending Party requires the receiving Party to verify receipt of the , and the receiving Party in fact verifies receipt of the , and (e) by facsimile at the facsimile numbers set forth below. Notices to the Tax Assessor: St. Bernard Assessor s Office 2118 Jackson Blvd., Suite A Chalmette, LA Attn: Assessor Bergeron Turner Notices to St. Bernard Parish Government 8201 W. Judge Perez Dr. Chalmette, LA, Attn: Guy McInnis, President Notices to the Sheriff: St. Bernard Parish Sheriff s Office Courthouse Annex, #2 Courthouse Square Chalmette, LA, LA Attn: Sheriff Pohlmann 6. TERMINATION. A Party shall have the right to terminate this Agreement by written notice to the other(s) if: (a) any court, Louisiana agency, local agency, or other governmental entity issues a ruling or order prohibiting or materially altering the ability of any Party to perform its obligations under this Agreement; (b) any local ordinance, Louisiana statute, Louisiana administrative regulation, or other applicable state or Federal statutes or regulations are amended to prohibit or materially alter the ability of any Party to perform its obligations under this Agreement; or (c) the other Party materially breaches any provision of this Agreement. If a Party s breach under Section 6.1(c) forms the basis of termination, then that Party shall have the right to remedy the cause for termination within forty-five (45) calendar days (or within such other time period as the Parties shall mutually agree, which consent to any agreement shall not be unreasonably withheld or delayed) after written notice from the non-causing party setting forth in reasonable detail the events of the cause for termination. The right to terminate this Agreement for any of the foregoing reasons in this Section shall be subject to all other terms of this Agreement without prejudice to any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach of this Agreement. Page 5 of 7 Cooperative Endeavor Agreement Concerning The Homestead Exemption Mapping System

37 6.1. Termination for Convenience. The Parties hereto may terminate this Agreement at any time by giving thirty (30) days written notice to the other Parties Appropriation Clause. Should any of the Parties hereto be unable to perform their contract due to a reduction in appropriation in their respective budget, then the Parties may terminate this Agreement in accordance with such reduction Governing Law and Attorney s Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana. The parties consent to exclusive jurisdiction and venue in the state court sitting in St. Bernard, Louisiana. 7. MISCELLANEOUS Non-Assignability. This Agreement is strictly between the Parties hereto, and none of the Parties hereto shall have the right to assign this Agreement or any part thereof to any other party Hold Harmless and Indemnity. Each Party shall bear the risk of its own actions and the actions of its personnel, as it does with its day-to-day operations, and determine for itself what kind of insurance, and in what amounts, it should carry. Nothing herein shall act or be construed as a waiver of any sovereign immunity or other exemption or limitation on liability that a Party to this Agreement may enjoy Entire Agreement. This Agreement represents the entire Agreement between the Parties, and there are no other agreements, whether written or oral, which affect its terms. The Parties acknowledge and agree that the Recitals are an integral part of this Agreement and are explicitly made part of this Agreement and are fully incorporated herein. This Agreement may be amended only by a subsequent written agreement signed by all Parties Survival. All obligations to be performed after the termination of this Agreement shall survive the termination of the Agreement Severability. If any provision of this Agreement is held to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision Construction. This Agreement shall be construed as having been fully and completely negotiated by and between the Parties, and this Agreement shall not be construed more strictly against any Party Headings. The headings of the sections contained in this Agreement are included for reference purposes only, solely for the convenience of the Parties, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof Execution and Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no Party shall be required to produce an original or all of such counterparts in making such proof Covenant of Further Assurances. The Parties shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. Page 6 of 7 Cooperative Endeavor Agreement Concerning The Homestead Exemption Mapping System

38 7.10. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, all of the Parties and their respective successors and permitted assigns Compliance with Laws. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the Parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. IN WITNESS HEREOF, the Parties hereto have executed this Agreement on the date(s) set forth below. ST. BERNARD PARISH GOVERNMENT ST. BERNARD PARISH ASSESSOR S OFFICE Signature Signature Printed Name: Printed Name: Title: Title: Date: Date: ST. BERNARD PARISH SHERIFF S OFFICE Signature Printed Name: Title: Date: Page 7 of 7 Cooperative Endeavor Agreement Concerning The Homestead Exemption Mapping System

39 #13 EXTRACT OF THE OFFICIAL PROCEEDINGS OF THE COUNCIL OF THE PARISH OF ST. BERNARD, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD IN THE COUNCIL CHAMBERS OF THE ST. BERNARD PARISH GOVERNMENT COMPLEX, 8201 WEST JUDGE PEREZ DRIVE, CHALMETTE, LOUISIANA ON TUESDAY, DECEMBER 19, 2017 AT THREE O CLOCK P.M. On motion of Mr. XXX, seconded by Mr. XXX, it was moved to adopt the following resolution: RESOLUTION SBPC # A RESOLUTION SUPPORTING THE PARISH PRESIDENT TO SIGN A COOPERATIVE ENDEAVOR AGREEMENT WITH THE ST. BERNARD PARISH ASSESSOR AND SHERIFF TO RETAIN ASSESSURE SYSTEMS, LLC TO IMPLEMENT AND EXECUTE A HOMESTEAD EXEMPTION MAPPING SYSTEM TO IDENTIFY PROPERTIES ERRONEOUSLY DESIGNATED AS EXEMPT OR SUBJECT TO SENIOR, DISABLED AND VETERANS FREEZE ASSESSMENTS AND TO FACILITATE THE COLLECTION OF APPROPRIATE PROPERTY TAXES. WHEREAS, St. Bernard Parish Government, the St. Bernard Parish Tax Assessor, and the St. Bernard require mutual cooperation to ensure that all appropriate property taxes are identified and collected, WHEREAS, it is in the best interest of the citizens of St. Bernard to retain Assessure Systems, LLC to create a Homestead Exemption Mapping System to identify any properties that are erroneously designated as exempt or subject to senior, disabled and veterans freeze assessments. WHEREAS, the St. Bernard Parish Council decrees the attached Exhibit A is a proper and fair Cooperative Endeavor Agreement. NOW THEREFORE, BE IT RESOLVED, that the St. Bernard Parish Council, the governing authority of St. Bernard Parish, does hereby support the efforts of the Parish President in executing the Cooperative Endeavor Agreement, which is attached as Exhibit A, on behalf of St. Bernard Parish Government.

40 Page -2- Extract #13 continued December 19, 2017 The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: The Council Chair, Mr. Lewis, cast his vote as XXX. And the motion was declared xxxxxx on the 5 th day of December, C E R T I F I C A T E I HEREBY CERTIFY that the above and foregoing is a true and correct copy of a motion adopted at a Regular Meeting of the Council of the Parish of St. Bernard, held at Chalmette, Louisiana, on Tuesday, December 19, Witness my hand and the seal of the Parish of St. Bernard on this 19 th day of December, ROXANNE ADAMS CLERK OF COUNCIL

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55