PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA

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1 PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA radams@sbpg.net (504) (504) (fax) Posted 8/3/18 Tuesday, August 7, :00 p.m. Council Chambers Page 1 of 5 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 Minister Jerry Troxclair with Peace and Prayer Ministries E. Pledge of Allegiance by Councilmember Montelongo F. Recognize Elected Officials APPROVAL OF MINUTES 1. Motion to approve the minutes of the July 17, 2018 Regular Council Meeting as published in the official journal, the St. Bernard Voice on Friday, July 27, (Council Chair) RECOGNITION 2. Motion to recognize Cade Beloso, Louisiana s 2018 Gatorade Baseball Player of the Year. (Councilmember Montelongo) 3. Motion to recognize St. Bernard Shriners Club President Richard Montelongo and member A.J. Duvio. (Councilmember Alcon) 4. Motion to recognize Tanesha Sanchez and David Koontz as Honorary Citizens of St. Bernard Parish. (Administration) 5. Motion to recognize the 2018 Leadership St. Bernard Class. (Councilmember Callais) 6. Councilmember s for a District Update 7. Guy McInnis, President's Report 8. Recognize the Public PUBLIC HEARINGS 9. Summary No Introduced by: Administration on 7/17/18 AN ORDINANCE TO AUTHORIZE THE RETENTION OF ALLEN J. KROUSE, III AND FRILOT, LLC TO PROVIDE LEGAL REPRESENTATION IN RYAN FINK V. ST. BERNARD PARISH GOVERNMENT THROUGH ITS PARISH COUNCIL AND IN ANY MATTERS RELATED THERETO. 10. Summary No Introduced by: Administration on 7/17/18 AN ORDINANCE TO AMEND CHAPTER 4; ANIMALS AND FOWL, ARTICLE II; ANIMAL CONTROL REGULATIONS, DIVISION 3; TREAMENT AND CARE OF ANIMALS; NUISANCES,

2 PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA radams@sbpg.net (504) (504) (fax) Posted 8/3/18 Tuesday, August 7, :00 p.m. Council Chambers Page 2 of 5 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. SECTION 4-56; WILD OR EXOTIC ANIMALS; INFANT WILD ANIMALS OF THE ST. BERNARD PARISH CODE OF ORDINANCES. 11. Summary No Introduced by: Administration on 7/17/18 AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE TO ADOPT THE 2018 ST. BERNARD PARISH ANNUAL OPERATING AND CAPITAL BUDGET. RESOLUTIONS 12. Adopt Resolution SBPC # , approving permits as recommended by the Alcohol Beverage and Bingo Department: (Administration) Beer and/or Liquor Permit(s) 1. Breaux Mart Supermarkets, Inc. dba Breaux Mart Supermarket 315 E. Judge Perez Dr. Chalmette, La Owner: Barry J. Breaux (Renewal) (Beer & Liquor) 2. Bayou Wonton Co., LLC dba Crave 3201-A E. Judge Perez Dr. Meraux, La Owner: Chad Roig (Renewal) (Beer & Liquor) 3. DePope Launch & Tavern, Inc. dba DePope Launch & Tavern 6201 E. St. Bernard Violet Canal Violet, La Owner: Lionel J. Alphonso, Sr. (Renewal) (Beer & Liquor) Special Events 1. Name of Organization: Our Lady of Lourdes Knights of Columbus #8442 Address: 2621 Colonial Blvd., Violet, La Event: 1st Knights of Columbus #8442 Shrimp Cook Off Location: 2621 Colonial Blvd., Violet, La Date: September 22, 2018 Time: 7AM to 6PM Contact: Grand Knight Clifford L. Bertucci 13. Adopt Resolution SBPC # , a resolution authorizing an application to approve new construction of a monument sign that exceeds district standards. The petitioned property is managed by Hospital Service District of St. Bernard Parish, State of LA and exempt from zoning code per the requirements of Section Exemption of Government Buildings and Land and Schools with Enrollment of 500 or more students. The property is designated as lot M-2 (including ingress & egress) located in T13S-R12E Sections 17 & Adopt Resolution SBPC # , a resolution authorizing a grant application to The National Fish And Wildlife Foundation (NFWF) Coastal Resiliency in the amount of $1,048, for the East Bank Sediment Pipeline Preliminary Design Program.

3 PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA radams@sbpg.net (504) (504) (fax) Posted 8/3/18 Tuesday, August 7, :00 p.m. Council Chambers Page 3 of 5 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. ADOPTION 15. Summary No Introduced by: Administration on 5/15/18 Public Hearing on 6/5/18 Tabled on 6/5/18 until the 7/3/18 Council Meeting Tabled on 7/3/18 until the 8/7/18 Council Meeting AN ORDINANCE AMENDING CHAPTER 21, VEHICLES FOR HIRE, ARTICLE II, TAXICABS AND OTHER FOR-HIRE VEHICLES OF THE ST. BERNARD PARISH CODE OF ORDINANCES. 16. Summary No Introduced by: Administration on 7/17/18 Public Hearing held on 8/7/18 AN ORDINANCE TO AUTHORIZE THE RETENTION OF ALLEN J. KROUSE, III AND FRILOT, LLC TO PROVIDE LEGAL REPRESENTATION IN RYAN FINK V. ST. BERNARD PARISH GOVERNMENT THROUGH ITS PARISH COUNCIL AND IN ANY MATTERS RELATED THERETO. 17. Summary No Introduced by: Administration on 7/17/18 Public Hearing held on 8/7/18 AN ORDINANCE TO AMEND CHAPTER 4; ANIMALS AND FOWL, ARTICLE II; ANIMAL CONTROL REGULATIONS, DIVISION 3; TREAMENT AND CARE OF ANIMALS; NUISANCES, SECTION 4-56; WILD OR EXOTIC ANIMALS; INFANT WILD ANIMALS OF THE ST. BERNARD PARISH CODE OF ORDINANCES. 18. Summary No Introduced by: Administration on 7/17/18 Public Hearing held on 8/7/18 AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE TO ADOPT THE 2018 ST. BERNARD PARISH ANNUAL OPERATING AND CAPITAL BUDGET. INTRODUCTIONS 19. Summary No Planning Commission recommended DENIAL on 7/24/18 Introduced by: Administration on 8/7/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF TODD J. BABIN FOR A ZONING CHANGE FROM R-1, (SINGLE FAMILY RESIDENTIAL) TO R-1(M), (SINGLE FAMILY MOBILE) FOR THE FOLLOWING DESCRIBED PROPERTY LOT 12-A. SUB MEAS X90.47=7540 SQ. FEET. PROPERTY LOCATION: 2416 REPOSE VIOLET, LA 70092

4 PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA radams@sbpg.net (504) (504) (fax) Posted 8/3/18 Tuesday, August 7, :00 p.m. Council Chambers Page 4 of 5 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. 20. Summary No Planning Commission recommended APPROVAL on 7/24/18 Introduced by: Administration on 8/7/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF WARREN WILLIAMS FOR A ZONING CHANGE FROM C-1, (NEIGHBORHOOD COMMERCIAL) TO R-1(M), (SINGLE FAMILY MOBILE) FOR THE FOLLOWING DESCRIBED PROPERTY LOT 36, 37,38,39 SQUARE B HIGHLAND SUBDIVISION. SUB MEAS. 80X80=6400 SQ. FEET. PROPERTY LOCATION: 2228 HIGHLAND VIOLET, LA Summary No Planning Commission recommended APPROVAL on 7/24/18 Introduced by: Administration on 8/7/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF MICHAEL STOUT FOR A CONDITIONAL USE PERMIT TO OPERATE A SEAFOOD TRANSFER STATION IN AN A-1, (RURAL) DISTRICT. PROPERTY LOCATION: 6017 DELACROIX HWY. ST. BERNARD, LA Summary No Planning Commission recommended APPROVAL on 7/24/18 Introduced by: Administration on 8/7/18 AN ORDINANCE TO AMEND CHAPTER 22; ZONING, SECTION 22-3; NON-CONFORMING USES OF THE ST. BERNARD PARISH CODE OF ORDINANCES. 23. Summary No Introduced by: Councilmember Callais on 8/7/18 AN ORDINANCE REPEALING ORDINANCE SBPC # , WHICH PLACED A MORATORIUM ON CONSTRUCTION OF DOCKS, SLIPS AND LIVING QUARTERS ON BAYOU YSCLOSKEY UNTIL THE WATER BOTTOM OWNERSHIP CONFLICT IS RESOLVED. 24. Summary No Introduced by: Councilmember Callais on 8/7/18 AN ORDINANCE TO AMEND CHAPTER 15, OIL, GAS AND MINERAL EXPLORATION, REMOVAL AND TRANSPORTING; OTHER LAND-DISTURBING AND WATER-DISTURBING ACTIVITIES; ARTICLE III WHARVES, PIERS, DOCKS, ETC., OUTSIDE THE FORTY ARPENT LEVEE SYSTEM, SECTION DEFINITIONS AND SECTION CONSTRUCTION REQUIREMENTS.

5 PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA radams@sbpg.net (504) (504) (fax) Posted 8/3/18 Tuesday, August 7, :00 p.m. Council Chambers Page 5 of 5 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. OTHER MATTERS 25. Motion to recognize a representative with Mosquito Control Services, LLC. 26. Motion to accept the Monthly Financial Summary Statement of Revenues and Expenditures and Change in Fund Balance for June Motion to discuss and take any action as it relates to information received from the Coastal Zone Advisory Committee. a) P The Meraux Foundation o The Meraux Foundation will install 1,400 ft. of vertical oyster reef break waters on the Northern shore of Comfort island. The cages fabricated by Nunez C.C. students using rebar and expanded metal will be filled with Coquina shell stone. The reef break waters measuring 6'x 4'x 3' will be placed parallel to the shoreline with 4' gaps to allow tidal process and movement of fish. EXECUTIVE SESSION 28. Motion to enter into Executive Session to discuss Cajun Industries, LLC, et al. v. Sheriff James Pohlmann, Ex-Officio Tax Collector St. Bernard Parish, 34th JDC # (E). 29. Motion to enter into Executive Session to discuss St. Bernard Parish Government v. Lionel Smith, Jr., and Allstate Fire & Casualty Insurance 34th JDC # , Next Regular scheduled Council Meeting will be held Tuesday, August 21, 3:00 p.m. Approved by: _ Kerri Callais Time: 12:10 p.m. Date: 8/3/18

6 #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, AUGUST 7, 2018 AT SEVEN O CLOCK P.M. On motion of XXXX, seconded by XXXX, it was moved to approve the minutes of the July 17, 2018 Regular Council Meeting as published in the official journal, the St. Bernard Voice on Friday, July 27, The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: The Council Chair, Ms. Callais, cast her vote as XXX. And the motion was declared xxxxxxx on the 7 th day of August, 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, August 7, Witness my hand and the seal of the Parish of St. Bernard on this 7 th day of August, ROXANNE ADAMS CLERK OF COUNCIL

7 OFFICIAL PROCEEDINGS OF THE COUNCIL OF THE PARISH OF ST. BERNARD, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD ON TUESDAY, JULY 17, 2018 AT 3:00 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, July 17, 2018 at three o clock p.m. pursuant to notice given to each member and posted in the manner required by law. The meeting convened at 3:04 p.m. Members present: Councilmembers: Council Chair, Kerri Callais, Howard Luna, Wanda Alcon, Manuel Monty Montelongo, and Richard Richie Lewis. Members absent: Nathan Gorbaty and Gillis McCloskey. Also present were Roxanne Adams, Clerk of Council, serving as official secretary of the Council, CAO Ronnie Alonzo and Joe Crifasi were representing Administration. Sister Robinson with Corinne Missionary Baptist Church delivered the invocation and Councilmember Alcon led the Pledge of Allegiance. #1 On motion of Mr. Lewis, seconded by Mrs. Alcon, it was moved to approve the minutes of the July 3, 2018 Regular Council Meeting as published in the official journal, the St. Bernard Voice on Friday, July 13, The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #2 On joint motion of the Council, without objection and by unanimous consent, it was moved to recognize Eric Skrmetta, Chairman of the Louisiana Public Service Commission, to discuss infrastructure storm preparations. #3 On joint motion of the Council, without objection and by unanimous consent, it was moved to recognize Emma Jo Tassin as an Honored Citizen of St. Bernard Parish. #4 On joint motion of the Council, without objection and by unanimous consent, it was moved to recognize Martin J. Mantz, Workforce Development Coastal Restoration Program Manager for Nunez Community College, to give a brief presentation about the program he is heading at Nunez Community College. #5 On joint motion of the Council, without objection and by unanimous consent, it was moved to recognize Donnie Bourgeois with the Capital Projects Department for an update on Bluebird Park and Heights/Alexander Park. #6 Councilmember s District Update A copy of this update is on file with the minutes of this meeting.

8 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -2- #7 President s Report A copy of this report was entered into the official record and is on file with the minutes of this meeting. #8 Recognize the Public Ken Dufour- Violet, La #9 Summary No Introduced by: Administration on 7/3/18 AN ORDINANCE TO AUTHORIZE THE PARISH PRESIDENT TO ACCEPT A DONATION OF 100 W. VIRTUE ST., CHALMETTE LOUISIANA 70043, FROM PROGRESSIVE WASTE SOLUTIONS OF LA, INC. AND EXECUTE ANY NECESSARY DOCUMENTS FOR THE DONATION. NO ONE APPEARED TO SPEAK FOR OR AGAINST THE PROPOSED ORDINANCE #10 Summary No Planning Commission recommended APPROVAL on 6/26/18 Introduced by: Administration on 7/3/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF AUGUST J. GUILLOT FOR A CONDITIONAL USE PERMIT TO OPERATE A VEHICLE STORAGE LOT IN AN A-1, (RURAL) DISTRICT. PROPERTY LOCATION: 2271 E. LA HWY 46 ST. BERNARD, LA NO ONE APPEARED TO SPEAK FOR OR AGAINST THE PROPOSED ORDINANCE #11 Summary No Planning Commission recommended APPROVAL on 6/26/18 Introduced by: Administration on 7/3/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF LOUIS J. MUNSTER INVESTMENTS. LLC. FOR A CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOTIVE REPAIR (MAJOR) SHOP IN A C-2, (GENERAL COMMERCIAL) DISTRICT. PROPERTY LOCATION: 2533 MUNSTER DR., MERAUX, LA NO ONE APPEARED TO SPEAK FOR OR AGAINST THE PROPOSED ORDINANCE #12 Summary No Planning Commission recommended DENIAL on 6/26/18 Introduced by: Administration on 7/3/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF COURTNEY HOOVER FOR A ZONING CHANGE FROM R-1, (SINGLE FAMILY RESIDENTIAL) TO R-2, (TWO FAMILY RESIDENTIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: LOT 1 & ½ OF LOT A SQ 4 FAZZIO RD. SUB MEAS. 85X84=7140 SQ. FEET. PROPERTY LOCATION: 2201 FAZZIO CHALMETTE, LA A COPY OF THIS PUBLIC HEARING IS ON FILE AT THE CLERK OF COUNCIL S OFFICE #13 Summary No Introduced by: Administration on 7/3/18

9 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -3- AN ORDINANCE TO AMEND CHAPTER 17; PERSONNEL, ARTICLE IV; NEW HIRES, DIVISION 1; FILLING VACANCIES, SECTION 17-99; PUBLIC NOTICE IN THE ST. BERNARD PARISH CODE OF ORDINANCES. NO ONE APPEARED TO SPEAK FOR OR AGAINST THE PROPOSED ORDINANCE #14 Summary No Introduced by: Councilmember Luna on 7/3/18 AN ORDINANCE TO AMEND ORDINANCE SBPC # , DECLARING CERTAIN FORMER LOUISIANA LAND TRUST PROPERTIES TO BE HELD FOR PUBLIC USE AND DECLARING THE REMAINDER OF THE FORMER LOUISIANA LAND TRUST PROPERTIES AS SURPLUS. NO ONE APPEARED TO SPEAK FOR OR AGAINST THE PROPOSED ORDINANCE #15 On motion of Mr. Montelongo, seconded by Mrs. Alcon, 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. DJ s Bar, Inc.dba Cy s Bar 817E. St. Bernard Highway, Chalmette, La Owners: Jacqulyn Couvillon (Renewal) (Beer & Liquor) The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: ABSTAIN: Luna, Alcon, Montelongo None McCloskey, Gorbaty Lewis The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #16 On motion of Mr. Lewis, seconded by Mr. Luna, it was moved to adopt the following resolution: RESOLUTION SBPC # RESOLUTION APPOINTING ELIZABETH MELANCON, COUNCIL ASSISTANT OFTHE ST. BERNARD PARISH COUNCIL. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: Luna, Alcon, Montelongo, Lewis None

10 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -4- ABSENT: McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #17 On motion of Mr. Luna, seconded by Mr. Lewis, it was moved to adopt the following resolution: RESOLUTION SBPC # A RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE LOUISIANA LOCAL GOVERNMENT ASSISTANCE PROGRAM FOR FY IN THE AMOUNT OF $77, FOR THE COUGAR FORTY ARPENT CANAL FISHING PIER. On the motion of Mr. Luna, seconded by Mr. Lewis, it was moved to amend and remove Cougar from the title and body of this resolution. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, On motion of Mr. Luna, seconded by Mr. Lewis, it was moved to adopt the following resolution: RESOLUTION SBPC # A RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE LOUISIANA LOCAL GOVERNMENT ASSISTANCE PROGRAM FOR FY IN THE AMOUNT OF $77, FOR THE FORTY ARPENT CANAL FISHING PIER The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #18 On motion of Mr. Montelongo, seconded by Mrs. Alcon, it was moved to adopt the following ordinance:

11 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -5- Summary No Introduced by: Administration on 7/3/18 Public Hearing on 7/17/18 ORDINANCE SBPC # AN ORDINANCE TO AUTHORIZE THE PARISH PRESIDENT TO ACCEPT A DONATION OF 100 W. VIRTUE ST., CHALMETTE LOUISIANA 70043, FROM PROGRESSIVE WASTE SOLUTIONS OF LA, INC. AND EXECUTE ANY NECESSARY DOCUMENTS FOR THE DONATION. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #19 On motion of Mr. Montelongo, seconded by Mrs. Alcon, it was moved to adopt the following ordinance: ORDINANCE SBPC # Summary No Planning Commission recommended APPROVAL on 6/26/18 Introduced by: Administration on 7/3/18 Public Hearing held on 7/17/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF AUGUST J. GUILLOT FOR A CONDITIONAL USE PERMIT TO OPERATE A VEHICLE STORAGE LOT IN AN A-1, (RURAL) DISTRICT. PROPERTY LOCATION: 2271 E. LA HWY 46 ST. BERNARD, LA The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #20 On motion of Mr. Lewis, seconded by Mr. Luna, it was moved to adopt the following ordinance: Summary No Planning Commission recommended APPROVAL on 6/26/18

12 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -6- Introduced by: Administration on 7/3/18 Public Hearing on 7/17/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF LOUIS J. MUNSTER INVESTMENTS. LLC. FOR A CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOTIVE REPAIR (MAJOR) SHOP IN A C- 2, (GENERAL COMMERCIAL) DISTRICT. PROPERTY LOCATION: 2533 MUNSTER DR., MERAUX, LA On the motion of Mr. Lewis, seconded by Mr. Luna, it was moved to amend Summary No to add Condition #6 to read as follows: 6. Any vehicle storage area must be fenced in with a solid material fence, but not metal. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, On motion of Mr. Lewis, seconded by Mr. Luna, it was moved to adopt the following ordinance as amended: ORDINANCE SBPC # Summary No Planning Commission recommended APPROVAL on 6/26/18 Introduced by: Administration on 7/3/18 Public Hearing on 7/17/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF LOUIS J. MUNSTER INVESTMENTS. LLC. FOR A CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOTIVE REPAIR (MAJOR) SHOP IN A C- 2, (GENERAL COMMERCIAL) DISTRICT. PROPERTY LOCATION: 2533 MUNSTER DR., MERAUX, LA Discussion ensued. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, 2018.

13 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -7- #21 On motion of Mr. Montelongo, seconded by Mr. Luna, it was moved to adopt the following ordinance: Summary No Planning Commission recommended DENIAL on 6/26/18 Introduced by: Administration on 7/3/18 AN ORDINANCE TO APPROVE DOCKET Z , PETITION OF COURTNEY HOOVER FOR A ZONING CHANGE FROM R-1, (SINGLE FAMILY RESIDENTIAL) TO R-2, (TWO FAMILY RESIDENTIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: LOT 1 & ½ OF LOT A SQ 4 FAZZIO RD. SUB MEAS. 85X84=7140 SQ. FEET. PROPERTY LOCATION: 2201 FAZZIO CHALMETTE, LA The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: None Luna, Alcon, Montelongo, Lewis McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as NAY.. And the motion was declared failed on the 17 th day of July, #22 On motion of Mr. Lewis, seconded by Mrs. Alcon, it was moved to adopt the following ordinance: ORDINANCE SBPC # Summary No Introduced by: Administration on 7/3/18 Public Hearing on 7/17/18 AN ORDINANCE TO AMEND CHAPTER 17; PERSONNEL, ARTICLE IV; NEW HIRES, DIVISION 1; FILLING VACANCIES, SECTION 17-99; PUBLIC NOTICE IN THE ST. BERNARD PARISH CODE OF ORDINANCES. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #23 On motion of Mr. Luna, seconded by Mr. Montelongo, it was moved to adopt the following ordinance: Summary No Introduced by: Councilmember Luna on 7/3/18 ORDINANCE SBPC #

14 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -8- Public Hearing held on 7/17/18 AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE DECLARING CERTAIN FORMER LOUISIANA LAND TRUST PROPERTIES TO BE HELD FOR PUBLIC USE AND DECLARING THE REMAINDER OF THE FORMER LOUISIANA LAND TRUST PROPERTIES AS SURPLUS. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #24 On motion of Mrs. Alcon, seconded by Mr. Lewis, it was moved to introduce the following ordinance: Summary No Introduced by: Administration on 7/17/18 AN ORDINANCE TO AUTHORIZE THE RETENTION OF FRILOT, LLC TO PROVIDE LEGAL REPRESENTATION IN RYAN FINK V. ST. BERNARD PARISH GOVERNMENT THROUGH ITS PARISH COUNCIL AND IN ANY MATTERS RELATED THERETO. On the motion of Mr. Lewis, seconded by Mrs. Alcon, it was moved to amend Summary No to add Allen J. Krouse, III to the title and body of this summary number. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, On motion of Mrs. Alcon, seconded by Mr. Lewis, it was moved to introduce the following ordinance as amended: Summary No Introduced by: Administration on 7/17/18

15 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -9- AN ORDINANCE TO AUTHORIZE THE RETENTION OF ALLEN J. KROUSE, III AND FRILOT, LLC TO PROVIDE LEGAL REPRESENTATION IN RYAN FINK V. ST. BERNARD PARISH GOVERNMENT THROUGH ITS PARISH COUNCIL AND IN ANY MATTERS RELATED THERETO. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #25 On motion of Mr. Lewis, seconded by Mr. Luna, it was moved to introduce the following ordinance: Summary No Introduced by: Administration on 7/17/18 AN ORDINANCE TO AMEND CHAPTER 4; ANIMALS AND FOWL, ARTICLE II; ANIMAL CONTROL REGUALTIONS, DIVISION 3; TREATMENT AND CARE OF ANIMALS; NUISANCES, SECTION 4-56; WILD OR EXOTIC ANIMALS; INFANT WILD ANIMALS OF THE ST. BERNARD PARISH CODE OF ORDINANCES. Discussion ensued. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #26 On motion of Mr. Luna, seconded by Mr. Lewis, it was moved to introduce the following ordinance: Summary No Introduced by: Councilmember Luna on 7/17/18 AN ORDINANCE TO AMEND CHAPTER 22; ZONING, SECTION 22-7; SITE DEVELOPMENT STANDARDS, SUBSECTION SIGN REGULATIONS IN THE ST. BERNARD PARISH CODE OF ORDINANCES. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows:

16 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -10- YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #27 On motion of Mr. Lewis, seconded by Mr. Montelongo, it was moved to introduce the following ordinance: Summary No Introduced by: Administration on 7/17/18 AN ORDINANCE TO AMEND ORDINANCE SBPC # , 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: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, #28 Coastal Zone Advisory Committee No official action taken. #29 On the motion of Mrs. Alcon, seconded by Mr. Lewis, it was moved to enter into Executive Session to discuss Fucich v SKA & SBPG, The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, 2018

17 Minutes of the St. Bernard Parish Council Meeting of July 17, 2018 Page -11- On motion of the Chair, without objection and by unanimous consent, it was moved to return to Regular Session. #29 On motion of Mrs. Alcon, seconded by Mr. Montelongo, it was moved to accept the advice of Legal Counsel in the matter of Fucich v SKA & SBPG, The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: Luna, Alcon, Montelongo, Lewis None McCloskey, Gorbaty The Council Chair, Ms. Callais, cast her vote as YEA. And the motion was declared adopted on the 17 th day of July, There being no further business for discussion, the Council Chair declared the meeting adjourned at 4:43 p.m. on the 17 th day of July, 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. Roxanne Adams_ ROXANNE ADAMS CLERK OF COUNCIL Kerri Callais KERRI CALLAIS COUNCIL CHAIR

18 PUBLIC HEARING NOTICE THE ST. BERNARD PARISH COUNCIL WILL HOLD A PUBLIC HEARING ON TUESDAY, AUGUST 7, 2018 SEVEN (7:00) 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 JULY 17, 2018 COUNCIL MEETING: Summary No Introduced by: Administration on 7/17/18 AN ORDINANCE TO AMEND CHAPTER 4; ANIMALS AND FOWL, ARTICLE II; ANIMAL CONTROL REGUALTIONS, DIVISION 3; TREATMENT AND CARE OF ANIMALS; NUISANCES, SECTION 4-56; WILD OR EXOTIC ANIMALS; INFANT WILD ANIMALS OF THE ST. BERNARD PARISH CODE OF ORDINANCES. ST. BERNARD PARISH COUNCIL DOES HEREBY ORDAIN: SECTION 1. The St. Bernard Parish Council does hereby amend an ordinance to amend Chapter 4; Animals and Fowl, Article II; Animal Control Regulations, Division 3; Treatment and Care of Animals; Nuisances, Section 4-56; Wild or Exotic Animals; Infant Wild Animals of the St. Bernard Parish Code of Ordinances as attached in 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 Kerri Callais KERRI CALLAIS COUNCIL CHAIR

19 Exhibit A Summary No Ordinance SBPC # XXXX-XX-XX Chapter 4- Animal and Fowl Article II- Animal Control Regulations Division 3- Treatment and Care of Animals; Nuisances Section Wild or exotic animals; Infant wild animals Sec Wild or exotic animals; infant wild animals. (a) Wild or exotic animals: No person shall keep any wild or exotic species of animals or birds warm- or cold-blooded, except for caged rodents, caged pet birds, and animals in aquariums unless the keeping of such animal is approved by the parish of St. Bernard Parish animal control. Such approval will not be granted by the animal control until after it is determined not to be in violation of any of the provisions of this article or will constitute a nuisance or a danger to the general public. Under no circumstances will the keeping of poisonous snakes, non-native constrictor snakes or constrictor snakes which may grow to a length of eight (8) feet or more (with the exemption of owners whom possess a certified Louisiana permit allowing additional length as deemed permissible under state regulations, LA. ADMIN. CODE tit. 76, Part XV 101), be allowed other than in licensed zoos. (b) Keeping, care and protection of infant wild animals: Animal control may grant temporary approval for the keeping, care and protection of an infant wild animal native to this region of the country which has been deemed to be homeless until such time as it may be safely released. This subsection shall not be construed to apply to zoological parks, performing animal exhibitions or circuses which are properly licensed by the parish and/or state.

20 PUBLIC HEARING NOTICE THE ST. BERNARD PARISH COUNCIL WILL HOLD A PUBLIC HEARING ON TUESDAY, AUGUST 7, 2018 SEVEN (7:00) 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 JULY 17, 2018 COUNCIL MEETING: Summary No Introduced by: Administration on 7/17/18 AN ORDINANCE TO AMEND ORDINANCE SBPC # , AN ORDINANCE TO ADOPT THE 2018 ST. BERNARD PARISH ANNUAL OPERATING AND CAPITAL BUDGET. ST. BERNARD PARISH COUNCIL DOES HEREBY ORDAIN: SECTION 1. That St. Bernard Parish Annual Operating and Capital Budget for 2018 is hereby amended as per attached in Exhibit A. WHEREAS, each department shall be treated as a separate fund for the purpose of the five percent (5%) budgetary compliance in accordance with the state law; and, WHEREAS, no monies shall be moved from one fund or department without official action taken by the Parish Council; and, WHEREAS, all revenues generated by a specific department shall be budgeted as a revenue within that department s specific budget. 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 Kerri Callais KERRI CALLAIS COUNCIL CHAIR

21

22

23 #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, AUGUST 7, 2018 AT SEVEN O CLOCK P.M. On motion of XXXX, seconded by XXXX, 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. Breaux Mart Supermarkets, Inc. dba Breaux Mart Supermarket 315 E. Judge Perez Dr. Chalmette, La Owner: Barry J. Breaux (Renewal) (Beer & Liquor) 2. Bayou Wonton Co., LLC dba Crave 3201-A E. Judge Perez Dr. Meraux, La Owner: Chad Roig (Renewal) (Beer & Liquor) 3. DePope Launch & Tavern, Inc. dba DePope Launch & Tavern 6201 E. St. Bernard Violet Canal Violet, La Owner: Lionel J. Alphonso, Sr. (Renewal) (Beer & Liquor) Special Events 1. Name of Organization: Our Lady of Lourdes Knights of Columbus #8442 Address: 2621 Colonial Blvd., Violet, La Event: 1 st Knights of Columbus #8442 Shrimp Cook Off Location: 2621 Colonial Blvd., Violet, La Date: September 22, 2018 Time: 7AM to 6PM Contact: Grand Knight Clifford L. Bertucci The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS:

24 Page -2- Extract #12 continued August 7, 2018 ABSENT: The Council Chair, Ms. Callais, cast her vote as XXX. And the motion was declared xxxxxx on the 7 th day of August, 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, August 7, Witness my hand and the seal of the Parish of St. Bernard on this 7 th day of August, ROXANNE ADAMS CLERK OF COUNCIL

25 #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, AUGUST 7, 2018 AT SEVEN O CLOCK P.M. On motion of XXXX, seconded by XXXX, it was moved to adopt the following resolution: RESOLUTION SBPC # A RESOLUTION AUTHORIZING AN APPLICATION TO APPROVE NEW CONSTRUCTION OF A MONUMENT SIGN THAT EXCEEDS DISTRICT STANDARDS. THE PETITIONED PROPERTY IS MANAGED BY HOSPITAL SERVICE DISTRICT OF ST. BERNARD PARISH, STATE OF LA AND EXEMPT FROM ZONING CODE PER THE REQUIREMENTS OF SECTION EXEMPTION OF GOVERNMENT BUILDINGS AND LAND AND SCHOOLS WITH ENROLLMENT OF 500 OR MORE STUDENTS. THE PROPERTY IS DESIGNATED AS LOT M-2 (INCLUDING INGRESS & EGRESS) LOCATED IN T13S-R12E SECTIONS 17 & 21. WHEREAS, a need exists to erect signage with additional height and sign area to give the public clear awareness of the hospital location, as the buildings are setback approximately 700 from the LA State Hwy 39; and, WHEREAS, the request is located in an existing and isolated I-2 (Heavy Industrial) zoning district, petitioned signage is anticipated to have minimal impact to adjacent and surrounding land uses; and, WHEREAS, the signage request promotes and is consistent with the overall needs of the Hospital supporting the health, safety and welfare of public-at-large. NOW THEREFORE BE IT RESOLVED the St. Bernard Parish Council, does hereby approve the request subject to the requirements of Section 5-21 Exemption of government buildings and lands and schools with enrollment of 500 or more students. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT:

26 Page -2- Extract #13 continued August 7, 2018 The Council Chair, Ms. Callais, cast her vote as XXX. And the motion was declared xxxxxx on the 7 th day of August, 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, August 7, Witness my hand and the seal of the Parish of St. Bernard on this 7 th day of August, ROXANNE ADAMS CLERK OF COUNCIL

27 #14 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, AUGUST 7, 2018 AT SEVEN O CLOCK P.M. On motion of XXXX, seconded by XXXX, it was moved to adopt the following resolution: RESOLUTION SBPC # A RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE NATIONAL FISH AND WILDLIFE FOUNDATION (NFWF) COASTAL RESILIENCY IN THE AMOUNT OF $1,048, FOR THE EAST BANK SEDIMENT PIPELINE PRELIMINARY DESIGN PROGRAM WHEREAS, the National Fish and Wildlife Foundation (NFWF) Coastal Resiliency Program restores, increases and strengthens natural infrastructure to protect coastal communities while also enhancing habitats for fish and wildlife; and WHEREAS, the National Fish and Wildlife Foundation (NFWF) Coastal Resiliency fund will invest up to $30, in conservation projects that restore or expand natural features such as coastal marshes and wetlands, dune and beach systems, oyster and coral reefs, forests, coastal rivers, and barrier islands that minimize the impacts of storms and other naturally occurring events on nearby communities; and WHEREAS, St. Bernard wishes to apply for is national Fish and Wildlife Foundation (NFWF) Coastal Resiliency Fund in the amount of $1,048,810.00; and NOW THEREFORE BE IT RESOLVED that the St. Bernard Parish Council, does hereby authorize the submission of the grant application in the amount of $1,048, for the East Bank Sediment Pipeline Preliminary Design ($ from NFWF, $274, from St. Bernard Parish Government Coastal budget and $524, from the CPRA Grant); and BE IT FURTHER RESOLVED, that the St. Bernard Parish Council does hereby authorize the President of St. Bernard Parish Government to sign and submit all required grant applications, Cooperative Endeavor Agreements and any amendments thereof, and all of the necessary reports, assurances, contracts and any other documents required in connection with the National Fish and Wildlife Foundation (NFWF) Coastal Resiliency Fund.

28 Page -2- Extract #14 continued August 7, 2018 The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT: The Council Chair, Ms. Callais, cast her vote as XXX. And the motion was declared xxxxxx on the 7 th day of August, 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, August 7, Witness my hand and the seal of the Parish of St. Bernard on this 7 th day of August, ROXANNE ADAMS CLERK OF COUNCIL

29 #15 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, AUGUST 7, 2018 AT SEVEN O CLOCK P.M. On motion of XXXX, seconded by XXXX, it was moved to adopt the following ordinance: Summary No Introduced by: Administration on 5/15/18 Public Hearing on 6/5/18 Tabled on 6/5/18 until the 7/3/18 Council meeting Tabled on 7/3/18 until the 8/7/18 Council Meeting AN ORDINANCE AMENDING CHAPTER 21, VEHICLES FOR HIRE, ARTICLE II, TAXICABS AND OTHER FOR-HIRE VEHICLES OF THE ST. BERNARD PARISH CODE OF ORDINANCES. ST. BERNARD PARISH COUNCIL DOES HEREBY ORDAIN: SECTION 1. The Parish Council hereby amends Chapter 21, Vehicles for Hire, Article II, taxicabs and other for-hire vehicles as attached in 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. The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows: YEAS: NAYS: ABSENT:

30 Page -2- Extract #15 continued August 7, 2018 The Council Chair, Ms. Callais, cast her vote as XXX.. And the motion was declared xxxxx on the 7 th day of August, ROXANNE ADAMS CLERK OF COUNCIL KERRI CALLAIS COUNCIL CHAIR Delivered to the Parish President Date and Time Received by Approved Vetoed Parish President Returned to Clerk of the Council Guy McInnis Date and Time Received by

31 Summary No Ordinance SBPC #XXXX-XX-18 Exhibit A CHAPTER 21 VEHICLES FOR HIRE ARTICLE II. TAXICABS AND OTHER FOR-HIRE VEHICLES DIVISION 1. - GENERALLY Sec Definitions Enumeration. Whenever in this article the following terms are used, they shall have the meanings respectively ascribed to them: Driver: Any person in actual charge of the operation of a vehicle as herein defined, whether as owner or agent, bailiff, lessee, servant or employee of the owner as herein defined. For-hire car or livery car: Any motor vehicle designed for the transportation of passenger s for-hire, the charges for the use of which are determined by agreement or by the length of time for which the motor vehicle is engaged (excluding Transportation Network Companies). Street: Any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public park, airport, railroad station or depot, steamship landing, ferry landing, viaduct or other public place under control of the police jury parish council of this parish and established by it for the use of vehicles and not otherwise controlled by law or ordinance. Taxicab or taxi: Any motor vehicle used for the transportation of passenger for-hire over a route and/or to a destination that is controlled by the passenger (excluding Transportation Network Companies). Taximeter: A mechanical instrument or device by which the charge for hire is mechanically calculated, either for distance traveled or for waiting time, or for both, and upon which such charge is indicated by means of figures. Sec Applicability of article. (a) (b) The provisions of this article apply to all taxi cab or for-hire vehicles for which a permit has been issued hereunder when said vehicle is operated entirely within the geographical limits of the parish, when trips of said vehicle originate in the parish to any location not more than fifteen (15) miles from the limits thereof, or originate in the parish to any airport located in a parish other than this parish. Transportation Network Companies are excluded from the regulations in Article II. All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing shall be deemed to affect the operation of any individual or taxicab corporation and for-hire vehicles existing prior to the provisions of Chapter 21 of the Code of Ordinances of St. Bernard Parish, Louisiana, dated December 2, 1986.

32 Summary No Ordinance SBPC #XXXX-XX-18 Exhibit A Sec Taxicab bureau created Membership. There is hereby created the parish taxicab bureau, which shall consist of no less than three (3) members appointed by the parish council police jury. The terms of the members of the taxicab bureau shall be three (3) years, but in no case shall the term of a member of the taxicab bureau exceed the term of the council person police jury which appointed such members and the chairman. Members shall be at least twenty-one (21) years old and shall be residents of this parish. The vehicle for-hire coordinator shall act as the bureau secretary and enforcement officer. Sec Taxicab bureau and vehicle for-hire coordinator Same Duties and responsibility. It shall be the duty of the taxicab bureau to hear appeals and fines for taxi companies and operators. review all applications to own and/or operate taxicabs or for-hire vehicles to ensure that they conform to all requirements established by this article, and to certify that such requirements have been met, to execute all policies established and carry out duties as may be assigned from time to time by the police jury. It shall be the primary responsibility of the taxicab bureau to make recommendations to the police jury concerning applications and to enforce all of the provisions of this article by either filing complaints for appropriate administrative action or filing proper charges against the offender. It shall be the duty of the for-hire vehicle coordinator to review all applications to own and/or operate taxicabs or for-hire vehicles to ensure conformity to all requirements established by this article, and to certify that such requirements have been met, to execute all policies established and carry out duties. It shall be the primary responsibility of the coordinator to make recommendations to the bureau concerning appeals and to enforce all provisions of this article by either filing complaints for appropriate administrative action or filing proper charges against the offender. Sec Interparish operation of taxicabs and other for-hire vehicles. (a) (b) Taxicabs and other for-hire vehicles of the type subject to regulation under this article in this parish, authorized to operate in any other parish or in any political subdivision thereof, may transport passengers from such parish, or subdivision thereof, to a destination within or beyond this parish. A copy of the certificate of public necessity and convenience (CPNC) required by this article shall be filed by the owner of the certified vehicle with the duly designated authority of every other municipality or parish in which said vehicle is operated. The prior provisions of this section notwithstanding, it shall be unlawful for the owner and/or operator of any vehicle for which a certificate has been issued pursuant to Louisiana Revised Statutes 45:200 et seq., to operate said vehicle in any manner within the parish unless a current copy of such valid certificate is on file with the department of community development safety and permits.

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