Original agenda advertised filling 4-year unfinished term

Updated agenda opens door to filling either or both posts

Panel from council to recommend name(s) for vote

Updated August 12, 2021, at 8:30AM: Adds reference to council procedure on selection process adopted in 2020.

Updated August 12, 2021, at 10:26AM: Clarifies council procedure and process.

MANDEVILLE — The City Council could vote to fill both vacancies on the Planning & Zoning Commission at tonight’s meeting instead of just one, according to an updated meeting agenda released yesterday.

A vote to fill one of the vacancies was delayed at the July 22nd council meeting. A question was raised during that meeting over the availability of the list of applicants for public inspection as required by state law.

The Planning and Zoning Commission appointment provisions are outlined under the Comprehensive Land Use Regulations Ordinance (CLURO) Sec. 2.1.2: “All successive appointments to the Planning Commission (includes Zoning Commission) shall be appointed by a majority vote of the City Council. No person shall be appointed to the Planning Commission until a public hearing before the City Council attended by the nominee has been held.”

The point raised was, can the city hold a “public hearing” on an individual without publishing the name of that individual or individuals in advance. The Louisiana Open Meetings Law (R.S. 42:11 – R.S. 42:28) only states that meeting agenda items must be “described with reasonable specificity.”

The original agenda stated “Appointment of Commissioner to the Planning & Zoning Commission for a 4-year term.” The updated agenda, released yesterday (August 11th) at approximately 5:30 p.m., changed this item to read: “Appointment of Commissioner(s) to the Planning & Zoning Commission,” which opens the door to filling either or both vacancies.

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RELATED STORY: Field of 9 applicants vie for 2 P&Z vacancies

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This verbiage is the same that was used in previous years when P&Z appointments came before the council, but in those instances the complete resumes had been made available, a practice that had drawn criticism because it went beyond the scope of what the law requires, according to sources familiar with the situation.

The Louisiana Public Records Law (R.S. 44:1 – R.S. 44:41) says only the names of the people who apply for such positions “with policymaking duties” along with “related qualifications, relevant employment history or experience” are public record, not necessarily their complete resumes.

Mandeville Daily filed a public records request with the city and received the redacted information in a timely manner.

The City Council updated its selection procedures in 2020 with the adoption of Resolution No. 20-17, which established a six-step process for making appointments to municipal or district boards and commissions, including the Planning & Zoning Commission. The procedure as adopted includes: 1) Announce at a council meeting the request for resumes; 2) Post the request for resumes on the city’s website and City Hall front door; 3) Publish the request for resumes in the city’s official journal of record (The St. Tammany Farmer); 4) Allow 14 days to receive resumes; 5) Review of the resumes by two members of the City Council (allow interviews by all council members) and then make a recommendation on one applicant (per vacancy); 6) Vote by the City Council to appoint “the candidate who received the recommendation.”

According to this procedure, the name of the person being recommended is known to at least two, if not all, of the council members at this point, and a public hearing will be held tonight on that recommendation before a vote. Presumably, the council could be voting on any of the nine applicants, whose names were released after a formal public records request was made to the city in late July.

Each Planning & Zoning Commission member serves seven-year terms, which are staggered by one year and expire August 31 of the expiration year. The applicant selected to fill Lahasky’s vacated seat will only serve to complete the remainder of his term which expires in 2025. The other applicant will start a new seven-year term, expiring in 2028. The applicants appointed to these two vacancies will join five other Planning & Zoning Commission members: Planning Chairwoman Karen Gautreaux (2027), Zoning Chairman Nixon Adams (2023), Simmie Fairley (2022), Mike Pierce (2024), and Brian Rhinehart (2026).

According to the original agenda, the council could only have voted to fill the unfinished term vacated by Lahasky. The updated agenda means the council could fill either vacancy or even both.

As of press time, the list — redacted or otherwise — was not available for download on the city’s website.

The City Council will have a field of nine applicants to consider when filling the vacant Planning & Zoning Commission seats at the tonight’s council meeting (August 12, 2021).

Five men and four women, representing each of the three city districts, have submitted their resumes for consideration to fill the slots being vacated by Ren Clark and Jeffrey Lahasky. Clark’s term expires in August and Lahasky moved outside city limits.

Here is a summary of the nine applicants, with their redacted resumes and cover letters available at the end of the story.

Michael R. Gagliardi, 73, District I

His resume says he has business management experience with a degree in economics and business marketing with food service management training. He is currently listed as the general manager of a local hardware store. His is listed as having a B.A. in economics and business marketing.

Christian H. Jones, 40, District I

His resume says he is an architectural designer and general contractor with over 20 years of experience, who owns his own design and construction firm. He is listed as having a Master of Architecture and Bachelor of Architecture with a minor in Urban Design.

Scott Kevin Quillin, 55, District I

His resume says he is an engineer, licensed commercial contractor, and project manager at a local company managing large construction projects in the energy industry. He is currently listed as project manager with a local engineering consultant firm. Served on the Planning & Zoning Commission one term from 2009-2016.

Cynthia Strong Thompson, 55, District I

Her resume says she is a financial advisor (member FINRA/SIPC, CRPC, and AAMS) and former surgical sales specialist who has been active with the St. Tammany Chamber of Commerce and has served as board chair with several non-profits. She is listed as the managing director of her current firm. She is listed as having a B.A. in political science.

Elizabeth Barilleaux, 50, District II

Her resume says she is a licensed residential realtor and CCCIM candidate with B.S. in environmental engineering. She is currently employed with a local realty group.

Shawn C. Potter, 42, District II

His resume says he is an institutional research director with MBA and over twenty years experience with higher education institutions. He is currently listed as Director of Institutional Research with Tulane University.

M. Claire Durio, 54, District III

Her resume says she is a licensed attorney in the State of Louisiana and a state-licensed title agent with experience in land use, development, permitting, historic preservation. She is listed as a general partner in her current firm.

Andrea J. Fulton, 61, District III

Her resume says she has extensive experience in city government, community service, the public sector and non-profit and business settings, most notably with the City of New York, with a B.S. in HDSP/Human Resources and Industrial Psychology & Industrial Engineering.

Jeffrey R. Lyons Sr., 63, District III

His resume says he is a restaurant management and operations specialist with over 30 years experience with an emphasis on professional development. He is currently listed as the general manager of a New Orleans seafood restaurant. He is listed as having an associates degree in culinary arts and food service management. Lyons ran unsuccessfully for the District III council seat in 2016, being eliminated in a close primary.

Download the applicants’ redacted resumes and cover letters here.

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Mayor gave executive assistant $10K raise in June

MANDEVILLE — The City Council will vote Thursday to ask the state Attorney General for an opinion on whether a $10,000 raise Mayor Clay Madden recently awarded his executive assistant Trilby Lenfant is allowed under the city’s budget rules. The raise brings Lenfant to almost $82,000 annually.

Resolution No. 21-33, introduced by District II Councilman Skelly Kreller, would request an opinion from the State Attorney General’s office on whether the raise broke City of Mandeville budget rules.

Any line item change of greater than 5% is supposed to go through a budget adjustment process, which requires council approval. However, in this particular situation the question being asked is, what constitutes an actual line item.

The budget for fiscal year 2020-21 — as adopted by the City Council under Ordinance 20-13 on Sept. 10, 2020 — is comprised of various exhibits, labeled B, C and D.

Exhibit B is titled “Job Class Detail” which lists the pay levels for each of the city’s job classifications under both General Government (10100) and Police Department (10110). The “Executive Secretary” (Trilby Lenfant) is listed as $71,782,65. The total for the General Government category in the exhibit is reported as $1,294,648.98.

But Exhibit D, which contains the so-called line items one typically associates with a budget has an entry for “General Government – Salaries” with a requested budget of $1,318,049 for 2021.

This makes Exhibit B a detail record of the “Salaries” line item in Exhibit D. Apparently the Attorney General is being asked for an opinion on which one constitutes the actual line item and hence is subject to the 5% rule.

While a $10,000 raise for Lenfant is just shy of a 14% increase on its own, when taken in context with the requested salaries for 2021 in the amount of $1,318,049 in the Exhibit D line item, the bump would barely register. The mayor has stated there are unfilled positions at City Hall and some newer hires are making less than their predecessors did, accounting for a small surplus in the line item.

The City Council voted down Madden’s staff restructuring proposal in April, killing the idea of a director of administration post, which was to have been filled by Lenfant with a $90,000 salary.

The next City Council meeting is Thursday, August 12, 2021, at 6 p.m. at the Paul Spitzfaden Community Center.

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Inventory of fleet and other equipment top priority for mayor

Updated August 5, 2021: Corrects date of last City Council meeting to July 22nd.

MANDEVILLE — Incoming Police Chief Todd Schliem will start work on Monday, August 9th, Mayor Clay Madden announced during a budget work session tonight (August 4, 2021).

Madden said the first item of business Schliem will tackle is an inventory and asset assessment of the department, which he expects to be completed within 60 days.

Part of the budget discussions tonight between the council and the mayor involved upgrading the police department’s fleet of vehicles and other equipment such as laptop computers.

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RELATED STORY: Todd Schliem confirmed as new police chief

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The City Council voted 4-0 to confirm Schliem, a former FBI Special Agent, at its July 22nd meeting. The council widely praised the choice of Schliem and Mayor Clay Madden’s selection process.

“Your record is obviously impeccable… congratulations on an incredible career… we appreciate your desire to serve this community in an even greater role,” Councilman at Large Rick Danielson said.

I love Mandeville… My kids grew up here… I’m inheriting a great department, otherwise I wouldn’t even have considered it.

— Mandeville Police Chief Designate Todd Schliem

Schliem, 55, a native of Wisconsin, has 22 years of experience as a special agent with the FBI. He was selected by Mayor Clay Madden from among a field of seven interviewees.

Madden said in a press release he made his decision to appoint Schliem after an open search, a series of multiple interviews, and discussions with veteran law enforcement officials in the area.

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Applicants’ info released by city

All 3 districts represented

5 men and 4 women comprise slate

Updated July 29, 2021, at 5:25AM — Adds reference to CLURO for clarity relating to selection process and length of terms.

MANDEVILLE — The City Council will have a field of nine applicants to consider when filling two vacant Planning & Zoning Commission seats at the August 12, 2021, council meeting.

Five men and four women, representing each of the three city districts, have submitted their resumes for consideration to fill the slots being vacated by Ren Clark and Jeffrey Lahasky. Clark’s term expires in August and Lahasky moved outside city limits.

A vote to fill one of the vacancies was delayed on July 22nd, with the stated reason being to allow District III Councilwoman Jill McGuire, who missed that meeting due to a medical procedure, to be on-hand for the appointment. Now, both vacancies will be considered at the August 12th meeting.

A question was raised during the July 22nd meeting over the availability of the list of applicants for public inspection (required by state law) and that they were not available before a vote would have taken place.

The Planning and Zoning Commission appointment provisions are outlined under the Comprehensive Land Use Regulations Ordinance (CLURO) Sec. 2.1.2: “All successive appointments to the Planning Commission (includes Zoning Commission) shall be appointed by a majority vote of the City Council. No person shall be appointed to the Planning Commission until a public hearing before the City Council attended by the nominee has been held.”

City Attorney Elizabeth Sconzert said at the meeting that members of the public would need to file a public records request to receive the list because the resumes needed to go through the city’s legal department to allow information not required by law to be released to be redacted.

Mandeville Daily filed a public records request with the city and received the redacted information.

Here is a summary of the nine applicants, with their redacted resumes and cover letters available at the end of the story.

Michael R. Gagliardi, 73, District I

His resume says he has business management experience with a degree in economics and business marketing with food service management training. He is currently listed as the general manager of a local hardware store. His is listed as having a B.A. in economics and business marketing.

Christian H. Jones, 40, District I

His resume says he is an architectural designer and general contractor with over 20 years of experience, who owns his own design and construction firm. He is listed as having a Master of Architecture and Bachelor of Architecture with a minor in Urban Design.

Scott Kevin Quillin, 55, District I

His resume says he is an engineer, licensed commercial contractor, and project manager at a local company managing large construction projects in the energy industry. He is currently listed as project manager with a local engineering consultant firm. Served on the Planning & Zoning Commission one term from 2009-2016.

Cynthia Strong Thompson, 55, District I

Her resume says she is a financial advisor (member FINRA/SIPC, CRPC, and AAMS) and former surgical sales specialist who has been active with the St. Tammany Chamber of Commerce and has served as board chair with several non-profits. She is listed as the managing director of her current firm. She is listed as having a B.A. in political science.

Elizabeth Barilleaux, 50, District II

Her resume says she is a licensed residential realtor and CCCIM candidate with B.S. in environmental engineering. She is currently employed with a local realty group.

Shawn C. Potter, 42, District II

His resume says he is an institutional research director with MBA and over twenty years experience with higher education institutions. He is currently listed as Director of Institutional Research with Tulane University.

M. Claire Durio, 54, District III

Her resume says she is a licensed attorney in the State of Louisiana and a state-licensed title agent with experience in land use, development, permitting, historic preservation. She is listed as a general partner in her current firm.

Andrea J. Fulton, 61, District III

Her resume says she has extensive experience in city government, community service, the public sector and non-profit and business settings, most notably with the City of New York, with a B.S. in HDSP/Human Resources and Industrial Psychology & Industrial Engineering.

Jeffrey R. Lyons Sr., 63, District III

His resume says he is a restaurant management and operations specialist with over 30 years experience with an emphasis on professional development. He is currently listed as the general manager of a New Orleans seafood restaurant. He is listed as having an associates degree in culinary arts and food service management. Lyons ran unsuccessfully for the District III council seat in 2016, being eliminated in a close primary.

Each Planning & Zoning Commission member serves seven-year terms, which are staggered by one year and expire August 31 of the expiration year. The applicant selected to fill Lahaskey’s vacated seat will only serve to complete the remainder of his term which expires in 2025. The other applicant will start a new seven-year term, expiring in 2028. The applicants appointed to these two vacancies will join five other Planning & Zoning Commission members: Planning Chairwoman Karen Gautreaux (2027), Zoning Chairman Nixon Adams (2023), Simmie Fairley (2022), Mike Pierce (2024), and Brian Rhinehart (2026).

Editor’s Note: Mandeville Daily decided that the only fair thing to do was to make available the legally redacted resumes and cover letters (as opposed to only the Mandeville Daily summaries above) with this story. In previous years, the complete resumes plus other information were available to download at the city’s website. We are also aware that hours before this story was published, the applicants’ names and complete addresses were posted to social media. As a matter of policy, Mandeville Daily does not publish nor share the home addresses or phone numbers of private citizens outside of what is explicitly allowed as “public record” by law. However, in this internet-driven age, such information can be found with relative ease by the public. Mandeville Daily intentionally only posted the council districts in which each applicant resides, and only because members of the City Council had made comments at the July 22nd meeting pertaining to whether the districts should play into consideration or not.

Download the applicants’ redacted resumes and cover letters here.

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MANDEVILLE — Here is summary action taken for each agenda item for the July 22, 2021, City Council meeting.

OLD BUSINESS:

1. Adoption of ORDINANCE No. 21-21; an Ordinance for the city council of the City of Mandeville to amend Ordinance number 20-13, the operating budget of the City of Mandeville and for other matters in connection therewith (Budget adjustment for the Lang House for $30K) (Councilwoman McGuire, District III)

Adopted, 4-0.

NEW BUSINESS:

1. Appointment of Commissioner to the Planning & Zoning Commission for a four-year term. (Councilman Danielson, At-Large)

Deferred. District II Councilman Skelly Kreller offered motion to defer. Motion carried, 4-0.

See related story: Vote to fill P&Z vacancy postponed

2. Adoption of Resolution No. 21-31; a Resolution of the City Council of the City of Mandeville appointing a council chairman for the Mandeville City Council for the term of August 1, 2021 through July 31, 2022; and providing for other matters in connection therewith (Councilman Danielson, At-Large)

Adopted, 4-0.

See related story: Todd Schliem confirmed as new police chief

3. Adoption of Resolution No. 21-32: a Resolution of the City Council of the City of Mandeville confirming the mayor’s appointment for the chief of police position and providing for other matters in connection therewith (Councilman Danielson, At-Large)

Adopted, 4-0.

See related story: Todd Schliem confirmed as new police chief

The next City Council meeting is scheduled for August 12, 2021, at 6 p.m.

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Council to fill two vacancies at Aug. 12 meeting

Applicant names not available to public yet

MANDEVILLE — A vote to fill a vacancy on the Planning & Zoning Commission was delayed by the City Council at its July 22nd meeting after District II Councilman Skelly Kreller made a motion to defer, saying that he’d rather wait until District III Councilwoman Jill McGuire returned from having a medical procedure which caused her to miss that meeting.

The motion to defer carried 4-0 but not before a question was raised concerning the scheduled vote: the list of applicants had not been made available to the public.

This means the City Council was set to fill a Planning & Zoning vacancy from a list of applicants that only the City Council members themselves and the administration had seen.

Local attorney and Former District III Councilman Ernest Burguières asked the council for the list of applicants or their resumes during the public comment period, but City Attorney Elizabeth Sconzert said members of the public would have to file a public records request to receive the information.

Sconzert indicated that this delay was so that the resumes could go through the city’s legal department to allow information not required to be released to be redacted.

It remains unclear why this process was not done in advance of the July 22nd meeting, considering a vote was scheduled on the matter.

In previous years when filling Planning & Zoning vacancies, complete resumes were made available; however, this practice had drawn criticism because it went beyond the scope of what the law requires.

Councilman At Large Rick Danielson — the outgoing Council Chairman — said the council wants to improve the Planning & Zoning appointment process from previous years. “This was one of the items we wanted to address so that we can develop a good process going forward,” he said.

In her exchange with Burguières, Sconzert said she didn’t see a problem with the information being released before the August 12th council meeting when the council is expected to fill two vacancies on the Planning & Zoning Commission.

The Louisiana Public Records Law (R.S. 44:1 – R.S. 44:41) says only the names of the people who apply for such positions “with policymaking duties” along with “related qualifications, relevant employment history or experience” are public record, not necessarily their complete resumes.

The Louisiana Open Meetings Law (R.S. 42:11 – R.S. 42:28) says meeting agenda items must be “described with reasonable specificity.”

The information provided on the agenda for the appointment read: “Appointment of Commissioner to the Planning & Zoning Commission for a four-year term.”

Mandeville Daily has filed a public records request with the City of Mandeville for the names of the applicants and related information as it pertains to R.S. 44:1.

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Zuckerman installed as new City Council chairman

UPDATED: July 23, 2021, at 8:10 a.m. – Corrects Schliem’s age.

UPDATED: July 23, 2021, at 6:49 a.m. – Adds and corrects quotes from Schliem. Adds vote total.

MANDEVILLE — The City Council voted 4-0 to confirm FBI Special Agent Todd Schliem as Mandeville’s new police chief tonight (July 22, 2021). He will formally take office after his retirement from the FBI is made official. District III Councilwoman Jill McGuire was absent due to a medical procedure.

“I’m honored and humbled to be the selection,” Schliem told the crowd.

“I feel like the shortstop that took over for Derek Jeter. If you would have told me four weeks ago, maybe five weeks ago, that I would even consider leaving the FBI, that would have been heresy… no way… except to serve the people of this city,” he continued.

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RELATED STORY: Vote to fill P&Z vacancy postponed

RELATED STORY: The rest of the story: July 22, 2021, City Council Meeting

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The council widely praised the choice of Schliem and Mayor Clay Madden’s selection process.

“Your record is obviously impeccable… congratulations on an incredible career… we appreciate your desire to serve this community in an even greater role,” Councilman at Large Rick Danielson said.

I love Mandeville… My kids grew up here… I’m inheriting a great department, otherwise I wouldn’t even have considered it.

— Mandeville Police Chief Designate Todd Schliem

Schliem, 55, a native of Wisconsin, has 22 years of experience as a special agent with the FBI. He was selected by Mayor Clay Madden from among a field of seven interviewees.

Madden said in a press release he made his decision to appoint Schliem after an open search, a series of multiple interviews, and discussions with veteran law enforcement officials in the area.

According to the release, Schliem has had “a stellar career” with the Federal Bureau of Investigations, where the majority of his career was spent working and collaborating with local police agencies.

Schliem’s wife is a New Orleans native and they have lived in Mandeville since 2007. He has received numerous awards during his career including the FBI Director’s Award in 2016 and the Metropolitan Crime Commission Case of the Year in 2015.

In other business, Councilman at Large Jason Zuckerman was appointed to the post of Council Chairman, whose duties include running council meetings, for the August 1, 2021, to July 31, 2022, term. He takes over for Councilman at Large Rick Danielson who has served at the post since the new council was sworn in fall 2020.

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Award letters reveal flood projects already in motion

Project to install gates, pumps along Lakeshore Drive

Council members react negatively, wanted public input first

Mayor to address concerns at next council meeting

MANDEVILLE — An award letter issued to a Covington civil engineering company by Mayor Clay Madden on July 6th and obtained by Mandeville Daily reveals that a project to install flood gates and pumps along Lakeshore Drive has been put into motion, before a promised “Flood Summit” and without public feedback.

The letter to T. Baker Smith LLC is just the first step in the process of entering a professional services contract, letting the firm know they have been selected. The City Council would still need to adopt a resolution authorizing the mayor to execute the yet-to-be-written contract.

A second, similar letter was issued to Volkert Inc., a Mandeville engineering firm, also on July 6th, concerning the Tchefuncte Marsh Shoreline Protection and Marsh Creation Project between the Tchefuncte River and Lewisburg, or the far western end of Mandeville.

But the questions being asked by several council members are, why weren’t they told in advance about the mayor’s intention to initiate flood-protection projects and would such a large-scale project like the one described in the T. Baker Smith letter negate the need to have a flood summit, the same concerns raised at the July 8th City Council meeting concerning blocked Task Order 4.

It was the wording of that task order — calling for Principal Engineering Inc. to inspect the seawall and check-valve system that they designed, then offer longterm “tidal protection alternatives” to the city — that raised concerns with most on the council, forcing the measure to be pulled from consideration.

Members of the City Council have been calling for — and Madden had previously promised — a public flood summit or meeting of minds where various experts — such as land planners, hydrologists, coastal engineers, general engineers, horticulturists, and others — might gather to discuss and offer comprehensive solutions to address Old Mandeville’s flooding.

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Editor’s Note: Mandeville Daily reached out to Mayor Clay Madden for comment on this story. He deferred, saying he will address the issue at the next City Council meeting Thursday (July 22nd). District I Councilwoman Rebecca Bush was out of town but said she’d respond to a comment request upon her return.

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District III Councilwoman Jill McGuire said she did not know about the award letters to T. Baker Smith and Volkert in advance. “I was quite surprised to see an award letter for flood protection come out without discussion with the council and the public,” McGuire said when reached for comment by Mandeville Daily.

“I will not vote to award one penny to any firm unless the public has input and we are looking at new solutions, not the same solutions that have been batted around for years,” she added.

Councilman at Large Jason Zuckerman said he too was surprised to see the award letters. “As I’ve made clear before, and in the last council meeting, I don’t plan on supporting or authorizing any contracts to engineering firms to solve nuisance flooding along our Lakefront without knowing who the entire team is.”

He said he has asked Madden for the related requests for proposals (RFPs) along with responses received from the firms in question.

“This is just the sort of pre-determined engineering solution I have been cautioning everyone against and remain extremely worried about because of the unintended consequences that will surely come with such an engineering-driven solution,” Zuckerman continued.

District II Councilman Skelly Kreller told Mandeville Daily that he saw the award letters just before the July 8th council meeting and was immediately concerned, but he wanted a chance to talk to the mayor before reacting. “I looked at them, I looked at the date (July 6th), and I said… interesting. We haven’t even seen them come before the council yet.”

Because the award letters are dated “July 6, 2021,” it means the decisions were made before the Task Order 4 Principal Engineering project came before the council on July 8th, indicating there would have been at least three flood-protection projects running simultaneously in Mandeville, before a flood summit is convened.

When asked by Mandeville Daily about not being told in advance about the award letters, Councilman at Large Rick Danielson said, “So to me, it seems like the administration is putting the cart before the horse. We want to work with him on this process and will but we do have some issues and concerns and we also receive a lot of feedback from constituents,” he said.

Kreller, McGuire, Zuckerman and Danielson each said these moves by the mayor — Task Order 4 and now the award letters — make it at least appear Madden is moving on flood protection without input from the council or the public and most importantly, without a promised flood summit.

The contracts are expected to come before the council in August for approval.

Danielson said he intends to discuss the matter with Madden before the next council meeting, adding, “I am not sure what I am missing but this does not change anything with my desire that we hold public discussions on flood protection.”

Based on the description in the T. Baker Smith award letter, the requested project sounds strikingly similar to what Zuckerman described recently to Mandeville Daily concerning an idea informally floated to council members by Public Works Director Keith LeGrange Jr. to install 32 or more drain lift stations along Lakeshore Drive, approximately every 230 feet.

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RELATED STORY: Recent task order could have opened door to old proposal to raise seawall

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The award letter reads in part, “Project concept will investigate the use of gate structures at the ravines … and pumping features at the ravines and/or at the outfall pipes along Lakeshore Drive.”

Zuckerman and Kreller said they believe the two projects are one and the same.

Zuckerman continued, “I can only take what’s written in these notices of contract award literally.”

He had previously said he didn’t like the drain lift station idea when presented to him, saying “it would forever change the character of the lakefront.”

McGuire said that she took comments by Madden at the July 8th City Council meeting to mean that he no longer intended to have a flood summit as promised.

Madden said at the July 8th meeting that the COVID-19 pandemic had altered his plans about having a large-scale flood summit, and that he had heard from some of McGuire’s constituents who asked him not to have a summit for that very reason, so he said he would instead like to have several smaller flood forums and then hire an engineer to “tie it all together.”

McGuire said that if the mayor doesn’t hold a flood summit, the City Council should hold one instead.

“The focus for flood protection and prevention needs to be on new ideas which encompass more than just costly engineering projects… You cannot achieve this by awards without public input or a comprehensive plan,” she said.

Zuckerman reiterated his desire for a flood summit, adding, “I remain adamant that we cannot treat our shoreline and our Lakefront just like any other roadway or drainage project, hiring an engineering firm to come up with an engineering solution.”

Developing…

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Editor’s Note: The original ‘teaser art’ used with this story — showing flooding on Lakeshore Drive at Girod Street — was a Mandeville Daily stock photo from Tropical Storm Claudette on June 19th and not from the rain event yesterday (July 20th). It was selected for this story and published approximately three hours before the flash flooding story broke. The only portion of Lakeshore Drive closed yesterday (July 20th) due to flooding was the eastern end between Jackson Avenue and Foy Street. We regret any confusion this may have caused.

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© Copyright 2021 Mandeville Daily

Updated: July 21, 2021, 4:55 a.m. – Reports everything back to normal.

MANDEVILLE — The eastern end of Lakeshore Drive was reopened last yesterday after flash floodwaters that were a nuisance to much of the area yesterday subsided. The Public Works Department had closed the area from Foy Street to Jackson Avenue yesterday.

Updated: July 20, 2021, 11:45 a.m. – Adds updates from mayor.

MANDEVILLE — Mayor Clay Madden has issued updates on social media saying while the east end of Lakeshore Drive has standing water, the rest of the area is improving.

“We anticipate the water will go down but for now we have closed off the area (easter end),” the mayor posted.

Updated: July 20, 2021, 9:55 a.m. – Adds more weather information and observations.

MANDEVILLE — Old Mandeville is under a flash flood warning from the National Weather Service, effective until 10:30 a.m. today (July 20, 2021), as standing water could be seen in the streets of Old Mandeville at locations indicating an greater than normal flash flood event.

Mayor Clay Madden issued an update from the Public Works Department that the Monroe Street rain gauge had received 7.9 inches of water since last night, and weather reports indicated that more than eight inches had fallen in the area in the last several hours.

A National Weather Service alert issued at 9:28 a.m. read: “A flash flood warning is in effect for this area until 10:30 AM CDT. This is a dangerous and life-threatening situation. Do not attempt to travel unless you are fleeing an area subject to flooding or under an evacuation order.”

Mandeville Daily investigated the area between Jackson Avenue and Marigny Avenue and observed standing water in the streets, typically associated with more severe flash flood events, at a number of locations that would make travel difficult or impossible in the area.

The mayor said in his social media update, “Please be careful today and be respectful of your neighbors. We are monitoring the situation.”

Developing…

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City Council Meeting Agenda – July 22, 2021

Mayor to introduce capital and operating budgets

Budget work session scheduled for 5PM before meeting

Zuckerman to be appointed Council Chairman

MANDEVILLE — The City Council will vote to confirm police chief designate Todd Schliem at its regular meeting Thursday, July 22nd, at 6 p.m. But first, the council will hold a budget work session immediately before the meeting, starting at 5 p.m.

Schliem, 57, a native of Wisconsin, has 22 years of experience as a special agent with the FBI. He was selected by Mayor Clay Madden from among a field of seven interviewees.

Madden said in a press release he made his decision to appoint Schliem after an open search, a series of multiple interviews, and discussions with veteran law enforcement officials in the area.

According to the release, Schliem has had “a stellar career” with the Federal Bureau of Investigations, where the majority of his career was spent working and collaborating with local police agencies.

Schliem’s wife is a New Orleans native and they have lived in Mandeville since 2007. He has received numerous awards during his career including the FBI Director’s Award in 2016 and the Metropolitan Crime Commission Case of the Year in 2015.

“The finalists for the job were all capable professionals, however, I feel strongly that Schliem is what the department needs right now. I have had one on one meetings with every officer in our department. I know Todd will do the best job in meeting the men and women of the department where they are at, and then leading the department forward in a positive direction right off the bat,” Madden said.

In other business, Councilman at Large Jason Zuckerman will be appointed to the post of Council Chairman, whose duties include running council meetings, for the August 1, 2021, to July 31, 2022, term. He takes over for Councilman at Large Rick Danielson who has served at the post since the new council was sworn in fall 2020.

Below is the City Council’s published agenda for the next City Council meeting scheduled for Thursday, July 22nd, at 6 p.m. at the Paul Spitzfaden Community Center. A special budget work session is scheduled for 5 p.m. Council meetings and budget work sessions are open to the public.

Paul Spitzfaden Community Center
3090 E. Causeway Approach
Mandeville, Louisiana 70448

MINUTES:

1. Adoption of the July 8, 2021, Regular Meeting Minutes

REPORTS AND ANNOUNCEMENTS:

1. Presentation by Julie Agan with the Council on Aging St. Tammany.

2. Mande Milkshakers Day Proclamation

3. The Mandeville City Council is soliciting resumes for two (2) of their appointment to the Mandeville Planning & Zoning Commission. Please send your resume to the attention of: Mandeville City Council Clerk, 3101 East Causeway Approach, Mandeville, LA 70448 or kscherer@cityofmandeville.com. Deadline: Monday, August 2, 2021 for 2nd appointment.

OLD BUSINESS:

1. Adoption of ORDINANCE No. 21-21; an Ordinance for the city council of the City of Mandeville to amend Ordinance number 20-13, the operating budget of the City of Mandeville and for other matters in connection therewith (Budget adjustment for the Lang House for $30K) (Councilwoman McGuire, District III)

NEW BUSINESS:

1. Appointment of Commissioner to the Planning & Zoning Commission for a four-year term. (Councilman Danielson, At-Large)

2. Adoption of Resolution No. 21-31; a Resolution of the City Council of the City of Mandeville appointing a council chairman for the Mandeville City Council for the term of August 1, 2021 through July 31, 2022; and providing for other matters in connection therewith (Councilman Danielson, At-Large)

3. Adoption of Resolution No. 21-32: a Resolution of the City Council of the City of Mandeville confirming the mayor’s appointment for the chief of police position and providing for other matters in connection therewith (Councilman Danielson, At-Large)

4. Introduction of Ordinance No. 21-19; an Ordinance to appropriate funds relative to and for adoption of the capital improvement budget for the City of Mandeville for fiscal year 2021-2022; and to establish the administration of expenditures thereof and to provide for related matters. (Councilman Zuckerman, At-Large)

5. Introduction of Ordinance No.21-20; an Ordinance to appropriate funds relative to and for adoption of the operating budget for the City of Mandeville for fiscal year 2021-2022; and to establish the administration of expenditures thereof and to provide for related matters. (Councilman Zuckerman, At-Large)

PUBLIC COMMENT:

FINANCE REPORT:

PROJECTS IN PROGRESS (STATUS REPORT):

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Idea to install 32 ‘lift stations’ floated to council members recently too

Official says inspect check valves alone as first step

MANDEVILLE — A recently killed task order could have brought back to the table a proposal to raise the seawall along Lakeshore Drive, if not for a stand taken by some on the City Council at its July 8th meeting.

Task Order 4A/B (a two-part task order) was pulled from consideration once it became apparent it did not have the votes. It was the wording of the task order that drew scrutiny from Councilman at Large Jason Zuckerman and District III Councilwoman Jill McGuire.

The task order, potentially worth $250,000 in and of itself, would have authorized Principal Engineering Inc. to inspect the seawall system along Lakeshore Drive and then offer proposals to address future “tidal protection alternatives” based on its previous analyses and proposals, which include a 2019 $2 million proposal to raise the seawall by a foot.

McGuire raised concerns at the meeting that it could have negated the need for a promised “Flood Summit” where various experts — such as land planners, hydrologists, coastal engineers, general engineers, horticulturists, and others — might gather to discuss and offer comprehensive solutions to address Old Mandeville’s flooding.

On the surface, the task order appeared to be a mundane but necessary maintenance inspection of the seawall, but a careful reading of its language reveals that it could have opened the door to a controversial $2 million plan to raise the Lake Pontchartrain seawall by a foot, a proposal that was presented to the public on Sept. 8, 2019, by Principal Engineering and then-Mayor Donald Villere.

The task order contained two parts, A and B, but it effectively would have done three different things:

1. Part A called for Principal Engineering to conduct the inspection of the seawall;
2. Part A also called for an inspection of the check-valve system designed and implemented by Principal Engineering several years ago, whose effectiveness is now being questioned; and
3. Part B called for Principal Engineering to propose flood and tidal protection options to the city and help choose a path forward based on its “data and knowledge” from previous analyses and proposals, including the 2019 proposal to raise the seawall by a foot.
   

The stated reason at the 2019 public forum at City Hall for raising the seawall a foot would be to reduce wave energy during flooding — not to prevent flooding — and Villere and other officials at the forum specifically said as much, but added that making this change would have a positive effect on which homes lie in the FEMA Flood Insurance Rates Map’s more affordable “AE” zones versus the less affordable “VE” zones.

FEMA requires the purchase of flood insurance in certain areas defined by Special Flood Hazard Areas (SFHA) zones.

The estimated cost of the project at the time was approximately $2 million, according to documents provided by Principal Engineering.

Zuckerman said that a determination concerning Mandeville’s future “tidal protection alternatives” should be made by a panel of various experts, like what would be assembled at a flood summit, and not a single engineering firm.

“I’d like to see a comprehensive team put together and a comprehensive strategy. I just don’t think it ought to be treated like another roadway project that we’re hiring an engineering firm to go solve that problem,” Zuckerman said.

During the 2019 presentation by Principal Engineering, computer-simulated photographs were on display depicting views of the lake from near the seawall, not the roadway, making it appear that an observer’s view of the lake would not be obstructed if an additional foot were to be added.

However, Mandeville Daily conducted its own line-of-sight experiments, including videos, photographs with props, and computer-simulated photographs in an effort to objectively demonstrate the difference a one-foot extension would make visually from the road surface. (See media at end of story.)

These findings reveal that the view of Lake Pontchartrain would be completely or mostly blocked for someone in a sedan-size vehicle or bicycle on the roadway surface at most points along Lakeshore Drive.

However, the view is far less obstructed as the observer walks up the raised, grassy ground toward the seawall as Principal Engineering’s presentation confirmed. By design, the Lakeshore Drive road surface is the lowest point along the lakefront.

Zuckerman and McGuire both said that Part B of Task Order 4 was unrelated to the scope of work spelled out in Part A, and that in Part A, inspecting the check-valve system should be done first and before anything else is approved or considered, because the results of that inspection would determine what the next step should be.

Zuckerman told Mandeville Daily the first thing that needs to happen is to inspect just the check valves with cameras. “Let’s find out for sure if those are working before we authorize a large-scale inspection or revive plans to raise the seawall.”

Zuckerman said that based on previous conversations with Public Works Director Keith LaGrange Jr., he believes there is uncertainty as to whether the check valves work as intended.

It was Principal Engineering that played a significant role in the design and implementation of the so-called check-valve system that was intended to allow water to flow out to Lake Pontchartrain but not inland.

He said LaGrange told him that he thinks the check valves will never work as Principal Engineering intended and had proposed removing them completely at one point.

McGuire, whose district includes the seawall, raised concerns at the July 8th council meeting about having the same firm that designed the check-valve system be the one to inspect it, considering there is a question as to whether or not it’s working.

Another option, which Zuckerman said was informally presented to council members by LaGrange recently, is the idea to install an array of 32 so-called “drain lift stations” along Lakeshore Drive that would completely replace all existing gravity driven drainage.

A lift station is a water pump of sorts, that could help speed the rate at which water recedes after flooding, but because this system would replace all gravity driven drainage, it would be vulnerable to factors such as mechanical issues, availability of operators, and electricity outages, according to Zuckerman.

Zuckerman says this plan would forever change the “character” of the lakefront, with these lift stations being spaced approximately every 230 feet.

“We really need to assemble this team of experts from various fields that we keep talking about before we do this (lift stations) or any other idea like raising the seawall. We have to quit just talking about it and do it,” he added.

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Planning & Zoning Commission rejects special use permit to build carwash on West Causeway Approach

4 Mandeville politicos attend, 3 speak against

UPDATE: July 14, 2021, at 6:19AM — Adds quotes, comments and other information
FLASH: July 13, 2021, at 7:03PM

MANDEVILLE – The Planning & Zoning Commission rejected a special use permit application to build a carwash on West Causeway Approach tonight (July 13, 2021) by a vote of 5-0, before another standing-room-only crowd.

The proposal, debated at a standing-room-only meeting in June, called for the construction of a 4,320-square-foot building on a 200-by-400-foot property on the east side of West Causeway Approach, which abuts Fontainebleau Subdivision. The properties to the north and south both have office buildings on them. Skipper Drive is directly across from the site.

Rhonda Alleman, President of the Fontainebleau Homeowners Association, again made her case before the commission, but this time, reading into the record a letter signed by representatives from other home owners associations and local businesses — 10 in all — that claim they would have been adversely affected by the proposed carwash.

“You have the authority to maintain the desired nature of the corridor and prevent this permanent damage and destruction in our community,” the statement read in part.

The commission received feedback from several other concerned citizens and heard and watched video and audio statements from various homeowners in other areas of Mandeville who claim to have been adversely affected by carwashes similar to the one proposed for West Causeway Approach.

Several elected officials addressed the commission during the relatively short debate period, compared to the June work session.

Councilman at Large Jason Zuckerman spoke to relay feedback he’s collected from members of the community. “The vast majority of the opposition I’ve received … has been really in opposition to the compatibility to the surrounding properties and the development along that approach… I really haven’t had any feedback in support of this use, but I have received overwhelming opposition to it.”

Zoning Chairman Nixon Adams told Zuckerman, “You know, of course, if everybody in this room, including us, really didn’t like carwashes, it really wouldn’t matter. We’ve got to have whatever findings as to why this is incompatible with the area.”

Adams continued by saying that the commission had requested information from the applicant — Chris Donner, who did not attend the meeting as he did the June work session — but they hadn’t received any further information. “We work with the facts we got.” Adams concluded.

Zuckerman agreed, saying that while some of the negative feedback he’s received was because people simply don’t want a carwash, but “most of it has been centered around the incompatibility with the office complexes and the residential (neighborhood) behind it.”

Mayor Clay Madden spoke against the carwash permit, saying of the commission, “I think the Planing & Zoning Commission exists to be that human element… and not just something on paper.”

This led to a brief discussion among commission members and the mayor, expressing their desire to have the CLURO (Comprehensive Land Use Regulations Ordinance) further examined to possibly avoid conflicts over “compatibility” in the future.

Commission Member Ren Clark said, “We’re just the people … charged with interpreting CLURO to the best of our abilities and to give findings about a particular deal.”

District I Councilwoman Rebecca Bush was the last to speak from the public, saying, “You’re looking at CLURO … you have what you need — health, safety, welfare, compatibility — so all of the factors you’re hearing are important… you have what you need to deny.”

District II Councilman Skelly Kreller was also in attendance but didn’t speak.

The vote itself was an uneventful 5-0 to deny, compared to the June work session where a parliamentary procedure gaffe on a different issue added to the tension in the room that night.

The property was annexed into the City of Mandeville in 2003 and zoned as Planned Combined Use (PCUD). The proposed use in this application is permitted with the approval of a zoning permit, or “Special Use Permit.”

According to information released by the Planning and Development Department, a zoning permit was approved in 2014 for the previous property owner, who also proposed a carwash facility, but that approval was contingent on special conditions, including restricting hours of operation, noise, and signage among other things.

Planning Chairwoman Karen Gautreaux and Commission Member Jeff Lahasky were not present at the meeting. Lahasky has moved outside Mandeville city limits and hence resigned, effective June 30th. Ren Clark’s term expires at the end of August.

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Was offered job last night (July 12th)

Announcement expected today

UPDATE: July 13, 2021, at 1:25PM — Confirms Schliem accepted post
FLASH: July 13, 2021, at 9:33AM

MANDEVILLE — FBI Special Agent Todd Schliem has accepted the Mandeville police chief position, replacing Gerald Sticker who retired in June, sources familiar with the selection process and who preferred not to be identified in this Mandeville Daily exclusive have confirmed.

When contacted by phone this morning (July 13th), Schliem would neither confirm nor deny that he would be the next police chief, saying, “That may be a bit premature,” and that he would call Mandeville Daily back.

Since that call this morning, sources have confirmed that Schliem has accepted the post and an announcement is expected today (July 13th).

Schliem, 57, who has lived in Mandeville since 2007, has 22 years of experience as a special agent with the FBI, according to his LinkedIn profile and other public information sources.

According to sources, Schliem has experience as an investigative assistant with the 22nd Judicial District Attorney’s Office, as well as other relevant work experience.

On his LinkedIn profile, he includes the following licenses and certifications: Federally Certified Polygrapher, Certified Crisis Negotiator, and Certified SWAT Operator.

He lists the University or Wisconsin-Madison and University of Wisconsin Oshkosh as his educational experience, according to LinkedIn.

Mandeville Daily had previously opted not to publish the complete list of all seven applicants for police chief, out of an abundance of precaution and privacy concerns due to social media, even though such information is protected as “public” according to Louisiana Public Records Act § 44:1 et seq.

Developing…

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Planning & Zoning Commission set to vote on West Causeway Approach carwash permit

MANDEVILLE – An incendiary special use permit application before the Planning & Zoning Commission to build a carwash on West Causeway Approach is up for a vote tonight (July 13, 2021).

The proposal, debated at a standing-room-only meeting in June, calls for the construction of a 4,320-square-foot building on a 200-by-400-foot property on the east side of West Causeway Approach, which abuts Fontainebleau Subdivision. The properties to the north and south both have office buildings on them. Skipper Drive is directly across from the site.

More than 70 locals packed the Paul Spitzfaden Community Center to voice their concerns over the proposal at the June 22nd work session.

The property was annexed into the City of Mandeville in 2003 and zoned as Planned Combined Use (PCUD). The proposed use in this application is permitted with the approval of a zoning permit, or “Special Use Permit.”

According to information released by the Planning and Development Department, a zoning permit was approved in 2014 for the previous property owner, who also proposed a carwash facility, but that approval was contingent on special conditions, including restricting hours of operation, noise, and signage among other things.

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RELATED STORY: Planning & Zoning procedural gaffe causes confusion over vote outcome

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Rhonda Alleman, President of the Fontainebleau Homeowners Association, and a procession of other residents who live or work near the proposed site made impassioned pleas before the commission, asking them to deny the request, set for a vote at the next meeting.

The Planning & Zoning Commission will vote on the matter at its July 13th meeting scheduled for 6:30 p.m. at the Paul Spitzfaden Community Center in Mandeville.

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Members express concern that longterm process should not already be locked in to one firm

Withdraws task order so that it can be reworked to address concerns raised during debate

Principal Engineering was to conduct seawall, culvert and check valve assessment of wall then propose options to address flooding based on previous analyses

Principal Engineering offered plan to raise seawall at least one foot in 2019

UPDATED: July 9, 2021, at 12:02 PM — Clarifies and expands references to Task Order 4A/B.

UPDATED: July 9, 2021, at 7:42 AM — Adds quotes, comments from council members, mayor and Public Works; Clarifies that Principal designed the plans for the check valves but did not actually install them.

UPDATED: July 8, 2021, at 9:30 PM — Corrects description of procedure that withdrew the item from consideration.

MANDEVILLE — The City Council tonight (July 8, 2021) killed a task order that would have authorized Principal Engineering Inc. to inspect and possibly clean the seawall system along Lakeshore Drive and then offer proposals to address future tidal and flooding concerns.

To prevent a vote to reject, Councilman at Large Rick Danielson withdrew Task Order #4A Seawall, Culvert, & Check Valve Condition Assessment; and Task Order #4B Old Mandeville Tidal Protection Decision Facilitation & Scoping from consideration at Mayor Clay Madden’s request — a potentially $250,000 contract — so that it can be overhauled to address the concerns raised during debate at tonight’s meeting.

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Editor’s Note: This story is being developed into a separate piece on Task Order 4A/4B and recent tidal protection proposals and their potential effect on Lakeshore Drive. Check back for that release…

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Most of the opposition came from Councilman at Large Jason Zuckerman who led the charge against the task order from the outset, insisting that the inspection of the existing seawall and a proposal for future flooding alternatives should be separate issues.

Zuckerman, joined by District III Councilwoman Jill McGuire and District II Councilman Skelly Kreller, said the City of Mandeville needs to form a task force to study the lakefront flooding situation as a whole and not be locked in to previous proposals.

“I’d like to see a comprehensive team put together and a comprehensive strategy. I just don’t think it ought to be treated like another roadway project that we’re hiring an engineering firm to go solve that problem,” Zuckerman said.

A portion of the debate involved a back-and-forth between McGuire and Zuckerman and Director of Public Works Keith LaGrange Jr.

Zuckerman indicated he had previous conversations with LaGrange that led him to believe the check valves may not work properly or that they are the wrong valves. “Based on some of the conversations we’ve had, they may never work, they may never serve their purpose… if I’m getting mixed signals… I’ve gotta ask why we’re spending the money on it.”

LaGrange said a majority of the money in Task Order 4A would involve hiring a dive team for the inspection, not particularly dealing with the check valves. The entire task order is worth approximately $250,000.

McGuire said she had heard from constituents who had a problem that an outside firm wasn’t being contracted to do the inspection.

Principal Engineering designed the check valve system plans in 2015, according to LaGrange, and this task order would have had them do the inspection too. “I’m just concerned that it’s not like a third party independent source,” McGuire added.

Andre Monnot, Vice President, Principal Engineering, who was unhand to answer questions before the council, took exception to McGuire’s comments: “That seems like you’re suggesting we can’t maintain objectivity or somehow we have something to defend.”

However, McGuire replied that she is not questioning Principal’s integrity but rather she represents constituents who raised concerns about the appearance of the arrangement.

Task Order 4A, as written, generally deals with inspection and assessment of the existing seawall components. Task Order 4B seems to revive the previous work and proposals done by Principal Engineering to propose future tidal protection solutions.

Danielson also questioned the need to combine the two issues into one item. “There are a lot of moving pieces with this.”

The opposition expressed concerns that portions of Task Order 4A and all of Task Order 4B (see text below) would lock in Principal Engineering and their previously proposed solution presented to the public during Mayor Donald Villere’s administration on Sept. 8, 2019, that included building a one-foot wall on top of the existing seawall. Critics of that plan complained at the time it would ruin the aesthetics of the lakefront as seen from Lakeshore Drive and not really address the flooding problem.

Specifically, the wording under “Scope of Work” for proposed Task Order 4 (A and B) was called into question. At one point in debate, some on the council floated the idea of stripping out Task Order 4B, which most directly ties Principal Engineering to a proposed longterm solution, but McGuire pointed out that even 4A reads as if Principal Engineering’s solution (raising the seawall) has already been selected (see text below).

McGuire further explained that she was under the impression when she won office that there would be a “Flood Summit” (also referred to as a “dream team” and “task force” during debate) where experts from different fields would come together to discuss solutions. Zuckerman had earlier described the process that he’d like to see, including assembling a task force to explore all options and not continue down the path that the task order seemed to create due to its wording.

In Task Order 4A, it was “suitability for the Old Mandeville Tidal Protection alternative selected” that was the so-called poison pill for some on the council. The concern was that it implied the decision has already been made.

In Task Order 4B the problem was that the wording “Engineer (Principal Engineering) has performed analysis on lower cost alternative solutions,” seemingly referring to the previous proposals or work by Principal Engineering, including raising the seawall.

Also, the wording “After the City has identified a Tidal Protection Alternative, Engineer (Principal Engineering) shall prepare a written scope and graphical exhibits” would seem to tie Principal Engineering to whatever solution the city ultimately agrees upon, with or without a “Flood Summit.”

Ultimately the council agreed the task order would have to be completely reworked.

Later in the evening, Madden tried to assuage McGuire and Zuckerman’s concerns about having a flood summit or task force and the wording of Task Order 4, telling the council his intentions originally were to have a flood summit similar to his recent traffic summit.

“Because COVID sort of prohibited those big meetings, I had several people, mostly your constituents (speaking to McGuire), come to me and say ‘Please do not have a flood summit, we’re begging you.’”

“If we had one meeting where we invited five different engineering firms to come and present, that meeting would last until one or two a.m.,” Madden continued.

He said he’d like to have “several flood summits” instead. “We’re going to hire a consultant to tie it all together.”

Based on comments by council members during debate and the wording of Task Order 4B, some seemed concerned that “consultant” has already been determined to be Principal Engineering, although the mayor did not specifically say that.

Madden continued, “What is going to be proposed at the beginning is just going to be a first step… We could still have different ideas about flooding after that.”

McGuire quipped, “So it’s going to be more of a ‘Here’s what we’re going to do’ kind of meeting” to which Madden replied, “No, it’s going to be more of a ‘here’s what we’re proposing… let’s gather input.’”

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Could see the end to center turn lane, add greenery along corridor

MANDEVILLE — The City Council is moving forward with a feasibility study for a Florida Street makeover that could see the end of the so-called “suicide turn lanes” and replace them with medians and u-turn lanes, similar to the improvements made to Highway 190 between I-12 and Covington a few years ago.

The council voted 5-0 tonight (July 8, 2021) to adopt Resolution No. 21-29 which authorizes Mayor Clay Madden to contract Neel-Schaffer Inc. to perform what is called a “Stage 0 (zero) Feasibility Study,” which is step two in the process.

The City of Mandeville had previously hired Forte and Tablada Inc. to develop a conceptual layout depicting a much-changed Florida Street (U.S. Highway 190) between Carondelet Street and Jackson Avenue.

The concept calls for the existing center turn lane to be replaced with grassy medians including left-turn lanes and u-turns to improved the safety and aesthetics along the heavily trafficked corridor.

Mayor Clay Madden highlighted the Florida Street project during his recent annual “Traffic Summit,” saying he is excited to get it moving.

MANDEVILLE — The City Council voted down a proposed zoning amendment 5-0 last night (July 8, 2021), which would have allowed a Livingston Street fourplex to be re-zoned to R3 Multi-Family. It is currently zoned as R1 Residential.

The procedure maneuver called for the council to give a yes or no vote to move the item forward to be introduced as an ordinance at the next meeting. Instead the council opted to kill it. It had not received a “favorable” recommendation from the Planning & Zoning Commission.

The property had been granted a legally “non-conforming” exception years ago when the zoning in the area was changed. This status was lost, however, when the previous owners turned off the utilities for six months or more, which means in order for the new owner to operate the home as a multiple family rental, it would have to be re-zoned to R3 Multi-Family by the City Council. This is also referred to as “spot zoning.”

The parcel lies just to the west of Woodlake Elementary School in Old Mandeville.

This issue was at the center of a procedural snafu at the June 22nd Planning & Zoning Commission meeting, where a poorly worded motion caused a vote to be mis-tallied before the matter was finally set straight. The commission ultimately voted not to return a favorable recommendation to the council.

Request failed to receive ‘favorable’ recommendation from P&Z Commission

MANDEVILLE — The City Council will give a final yes or no on a proposed zoning amendment, which would allow a Livingston Street fourplex to be re-zoned to R3 Multi-Family. It is currently zoned as R1 Residential.

The property had been granted a legally “non-conforming” exception years ago when the zoning in the area was changed. This status was lost, however, when the previous owners turned off the utilities for six months or more, which means in order for the new owner to operate the home as a multiple family rental, it would have to be re-zoned to R3 Multi-Family by the City Council. This is also referred to as “spot zoning.”

The parcel lies just to the west of Woodlake Elementary School in Old Mandeville.

This issue was at the center of a procedural snafu at the June 22nd Planning & Zoning Commission meeting, where a poorly worded motion caused a vote to be mis-tallied before the matter was finally set straight. The commission ultimately voted not to return a favorable recommendation to the council.

The City Council meeting is tonight (July 8th) at 6 p.m. at the Paul Spitzfaden Community Center.

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RELATED STORY: Up For Vote: Florida Street makeover study, ‘Spot zoning’ fourplex from R1 to R3

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RELATED STORY: Planning & Zoning procedural gaffe causes confusion over vote outcome

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City Council Meeting Agenda – July 8, 2021

Could lead to end of shared turn lane, see medians and beautification along corridor

Council to vote on request that failed to receive ‘favorable’ from P&Z Commission

UPDATE: July 6, 2021, at 3:31 PM — City Council Clerk issued update to July 8 Agenda, removing two items and updating info on Resolution No. 21-29.

UPDATE: July 3, 2021, at 4:45 PM — Adds concept art/renderings from Dufreche-Perkins and Associates LLC from October 4, 2019.

MANDEVILLE — The City Council will consider moving forward with a feasibility study for a Florida Street makeover that could see the end of the so-called “suicide turn lanes” and replace them with medians and u-turn lanes, similar to the improvements made to Highway 190 between I-12 and Covington a few years ago.

If adopted at the July 8th City Council meeting, Resolution No. 21-29 would authorize Mayor Clay Madden to contract Neel-Schaffer Inc. to perform what is called a “Stage 0 (zero) Feasibility Study,” which is step two in the process.

The City of Mandeville had previously hired Forte and Tablada Inc. to develop a conceptual layout depicting a much-changed Florida Street (U.S. Highway 190) between Carondelet Street and Jackson Avenue.

The concept calls for the existing center turn lane to be replaced with grassy medians including left-turn lanes and u-turns to improved the safety and aesthetics along the heavily trafficked corridor.

Mayor Clay Madden highlighted the Florida Street project during his recent annual “Traffic Summit,” saying he is excited to get it moving.

Also on the agenda, the City Council will give a final yes or no on a proposed zoning amendment, which would allow a Livingston Street fourplex to be re-zoned to R3 Multi-Family. It is currently zoned as R1 Residential.

The property had been granted a legally “non-conforming” exception years ago when the zoning in the area was changed. This status was lost, however, when the previous owners turned off the utilities for six months or more, which means in order for the new owner to operate the home as a multiple family rental, it would have to be re-zoned to R3 by the City Council. This is also referred to as “spot zoning.”

The parcel lies just to the west of Woodlake Elementary School in Old Mandeville.

This issue was the center of a procedural snafu at the June 22nd Planning & Zoning Commission meeting, where a poorly worded motion caused a vote to be mis-tallied before the matter was finally set straight. The commission ultimately voted not to return a favorable recommendation to the council.

Below is the City Council’s published agenda for the next City Council meeting scheduled for Thursday, July 8th, at 6 p.m. at the Paul Spitzfaden Community Center. Council meetings are open to the public.

Thursday, July 8, 2021, at 6:00 p.m.

Paul Spitzfaden Community Center
3090 E. Causeway Approach
Mandeville, Louisiana 70448

MINUTES:

1. Adoption of the June 24, 2021, Regular Meeting Minutes

REPORTS AND ANNOUNCEMENTS:

The Mandeville City Council is soliciting resumes for two (2) of their appointment to the Mandeville Planning & Zoning Commission. Please send your resume to the attention of: Mandeville City Council Clerk, 3101 East Causeway Approach, Mandeville, LA 70448 or kscherer@cityofmandeville.com. Deadline: Monday, July 12, 2021, for 1st appointment and Monday, August 2, 2021, for 2nd appointment.

PRESENTATIONS:

Presentation about the Results of 2020 Fiscal Year Audit from Laporte.

OLD BUSINESS: none

NEW BUSINESS:

(Removed July 6th by Clerk of Council)1. Appointment of Jeff Bishop and Reappointment of Lucinda Beacham and Vaughan Sollberger to Historic District Commission

2. Approval of special event and special event liquor for OMBA Sips of the Season, Friday, December 3, 2021 – 5:00p.m. – 9:00 p.m. with Rain Date: Saturday, December 4, 2021 – 6:00p.m. – 9:00 p.m. (notice start time1 hr. later). Location on Girod St. – map attached. (Councilwoman McGuire)

3. Approval of liquor license for Papillon’s by Gio, LLC to be located at 690 Lafitte St, Mandeville. (Councilwoman McGuire, District III)

4. Approval of Task Order #4A Seawall, Culvert, & Check Valve Condition Assessment; and Task Order #4B Old Mandeville Tidal Protection Decision Facilitation & Scoping with a total value of NTE $250,000 unless increased by amendment. (Councilman Danielson, At-Large)

5. To consider whether to move forward with a proposed zoning amendment. Z21-06-04. Livingston. Under CLURO Art. 4.3.1.2.4, the Council has to make a final yea or nay vote on any proposed Zoning Amendment. Request a rezoning from R-1 Single Family to R-3 Multi-Family. (Councilman Danielson, At-Large)

(Revised July 6th by Clerk of Council)6. Adoption of Resolution No.21-29; A resolution of the city council of the City of Mandeville authorizing the mayor of the City of Mandeville to execute a professional services agreement between the City of Mandeville and Neel-Schaffer and providing for other matters in connection therewith. (For a Hwy 190 traffic study between Carondelet and Jackson at $400,000) (Councilman Danielson, At-Large)

(Removed July 6th by Clerk of Council)7. Introduction of Ordinance No. 21-19; A ordinance to appropriate funds relative to and for adoption of the capital improvement budget for the City of Mandeville for fiscal year 2021-2022; and to establish the administration of expenditures thereof and to provide for related matters. (Council)

(Removed July 6th by Clerk of Council)8. Introduction of Ordinance No. 21-20; An ordinance to appropriate funds relative to and for adoption of the operating budget for the City of Mandeville for fiscal year 2021-2022; and to establish the administration of expenditures thereof and to provide for related matters. (Council)

9. Discussion of scheduling budget work sessions.

10. Introduction of Ordinance No. 21-21; An ordinance for the city council of the City of Mandeville to amend ordinance number 20-13, the operating budget of the City of Mandeville and for other matters in connection therewith. (Councilman Danielson, at-large)

PUBLIC COMMENT:

FINANCE REPORT:

PROJECTS IN PROGRESS (STATUS REPORT):

ADJOURNMENT

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Safety, parking and noise cited as concerns over converting the single-family residential property

UPDATED June 25, 2021 at 8AM: Corrects date of meeting and vote tally.
UPDATED June 25, 2021 at 9:30PM: Corrects who voted against.

MANDEVILLE — A recently renovated home in Old Mandeville received a 3-2 approval from the City Council last night (June 24, 2021) as a short-term rental property, but only after the council reduced its occupancy restriction from 10 to six.

The property in question, located at 2032 Jefferson Street near Nuvolari’s Ristorante and the Grapeful Ape cocktail bar, had previously gained a “favorable” recommendation from the Planning & Zoning Commission in May.

Short-term rentals are defined as 30-days or less, which means the property in question — allowing up to 10 occupants as presented to the council — would likely attract groups or families attending local special events, such as weddings or other parties.

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RELATED STORY: Council votes to review sign code

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The council expressed concerns over a range of issues, all centered around the 10-occupancy limit in the proposal — including emergency egress, parking, and noise issues — and it wasn’t long before discussion turned to reducing that number.

District III Councilwoman Jill McGuire said, “I’m just concerned about enforcement and the types of people that would be renting this… I don’t feel are coming to have a quiet little getaway with their families. I think this is geared more towards a bachelorette party, and I think that’s been a big concern for short-term rentals in general.”

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RELATED STORY: The rest of the story: June 24, 2021, Council Meeting

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Councilman at Large Jason Zuckerman raised concerns about the 2015 International Residential Code, saying that when changing the designated use of a structure — in this case going from single-family residential to short-term rental — the request should be treated similarly to a new-construction request.

“If you were doing a new structure like this … I don’t think you could count a lot of those areas as sleeping areas… the intent of the IRC in building codes is to protect life and create for a safe occupancy,” he said.

District II Councilman Skelly Kreller also expressed concerns over the maximum occupancy, comparing the upstairs open floorpan to “more like a dormitory.”

Planning and Development Director Car Bartholomew told Zuckerman that the Fire Chief would still have to do an inspection and would consider the safety issues he had expressed.

Owners of the property Kelly and Rob Boyd addressed the council, attempting to allay concerns, indicating their plans to add additional parking, and that they had specified the 10-occupancy number only because of the way the permit process works, asking for “maximum” limits.

Bush asked Mrs. Boyd who their “ideal” renters would be, to which she replied, “The ideal would be families.”

Councilman at Large Rick Danielson brought the matter to its conclusion when he asked the Boyds, “If this were amended to six, would that still be of interest to you?”

Mr. Boyd chuckled, saying, “Actually, I’d rather it be six,” with Mrs. Boyd adding, “or less!”

The council approved an amendment offered by District I Councilwoman Rebecca Bush, limiting the occupancy to six instead of 10, before adopting the ordinance 3-2, with McGuire and Kreller voting against.

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Action does not open current rules to change

Expert would return report, recommendations for review

MANDEVILLE — The City Council tonight (June 24, 2021) approved a comprehensive review of the city’s sign code, an action which stems from the recent electronic sign controversy which came to a head at the May 13th meeting with an ordinance to extend a grace period being pulled from consideration at the last minute.

With a 5-0 vote tonight, the council adopted Resolution No. 21-26, which confirms a recommendation from the Planning & Zoning Commission at its April 27th meeting that the city should retain a consultant to conduct a full review of the city’s sign code.

District II Councilman Skelly Kreller said he had received feedback from constituents who were concerned that this action could open the door to the return of electronic signs, but that he wanted to let everyone know that this is only a review.

“The most important word in this, it’s just a review,” Kreller added.

Councilman at Large Jason Zuckerman said, “I drove around the city and looked around. I think the review might actually result in some improvements.”

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RELATED STORY: The rest of the story: June 24, 2021, Council Meeting

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Councilman at Large Rick Danielson addressed the issue of gas station pricing signs, and he said that too would be included in the review and something that the city would need to look at in the future.

Before the vote, Zuckerman offered a technical amendment, cleaning up some of the language, including adding the words “legal” and “planning” to the verbiage. That amendment was approved.

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RELATED STORY: Short-term rental gets thumbs up after occupancy limit reduced

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Planning and Development Director forces new motion after committee member votes mis-tallied

MANDEVILLE — A parliamentary snafu at the Planning & Zoning Commission meeting last night (June 22, 2021) left members believing that a motion to return an unfavorable recommendation to the City Council on a rezoning issue failed when it had actually passed, causing them to continue to debate and consider other options.

The commotion had the effect of riling up an already agitated, standing-room-only crowd, most of whom were there to voice their concerns over a proposed carwash development planned for West Causeway Approach.

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RELATED STORY: Residents turn out in droves against proposed carwash as ‘incompatible’ with corridor

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But first they were forced to sit through what at times, according to one observer, bore a closer resemblance to an Abbott and Costello routine than a Planning & Zoning meeting.

The rezoning issue in question was concerning Item Z21-06-04, Omar Hamide’s request to rezone property on Livingston Street from R-1 Single Family Residential to R-3 Multi-Family. This type of rezoning is often referred to as “spot zoning” and city planners try to avoid it unless there are compelling reasons.

In these matters, it is the job of the Planning & Zoning Commission to make recommendations to the City Council as “favorable,” or not. The council is not obligated to abide, but more often than not, it does.

After a brief discussion on the matter, Commission Member Ren Clark made a motion: “I move that we recommend the City Council deny the request.” Typically, it is preferred to have motions stated in the affirmative, not the negative. This is what likely started the confusion that was to follow.

To make matters worse, some commission members weren’t following the parliamentary rules and procedures adopted by the commission.

Planning and Development Director Cara Bartholomew said that each member is supposed to state simply “for” or “against” to make it easy to record the outcome of motions and for the public to understand what is happening.

The Planning & Zoning Commission, like other government bodies, is subject to the Louisiana Open Meetings Law, also known as “the Sunshine Law.”

At this particular meeting, with the unusually large crowd, it was especially hard for everyone to follow what was going on. A number of commission members tend to lean back in their chairs and not speak into the microphones, making it even harder for those in the back of the room to hear.

This is how the vote played out (transcribed from the official video of the meeting, starting at the 39:25 mark):

The recording secretary began a roll call vote.

Planning Chairwoman Karen Gautreaux: “Against.” Initially, the secretary took this to mean she was against the motion, but apparently Gautreaux was trying to say that she wanted the City Council to vote “against” the proposal.

Zoning Chairman Nixon Adams: “I’m gonna vote against it too.” Moments earlier he had been making an argument against “spot zoning” and this seemed to be an about-face.

Bartholomew suspected that Gautreaux meant to say she was “for” the motion, based on earlier discussion, and asked for a clarification, or essentially, she was calling a “point of order” or “point of information.”

Even though the commission adopted its own form of parliamentary procedure, it still uses the well-established “Robert’s Rules of Order” as a failsafe. Any member or staff member, such as a parliamentarian, can call a point of order or point of information. This ability is crucial in open meetings because once a public body breaks its own rule or procedure — even by accident — the damage is done and it becomes part of the official record. This is what Bartholomew was trying to stop from happening.

Gautreaux said, “I’m sorry, I’m actually for the request to deny.” This meant she was in favor of the motion, and it didn’t help matters that she accidentally used the word “request” instead of “recommendation.”

Adams chimed in: “I’m actually voting against it… I’m completely waffling on this.”

Commission Member Ren Clark: “I’m for.” This was another vote “for” the motion. At least Clark is using the for-against phrasing members are supposed to use. So far, the tally is 2-1 in favor. But this is where the trouble started.

Next, Commission Member Mike Pierce uttered: “Deny.” He obviously meant that he wanted to recommend that the council “deny” the request, which was part of the wording of the motion. It meant his intention was to vote “for” the motion despite using the word “deny.” But Adams incorrectly perceived this as a vote “against” the motion.

Commission Member Brian Rhinehart also said: “Deny.” He too was saying he wanted to recommend that the council “deny” the request, which means he wanted to vote “for” the motion. But again, Adams thought he meant he was voting “against” the motion.

Adams now thinks the tally is 3-2 against when it really is 4-1 in favor.

Commission Member Jeffrey Lahasky: “Against.”

Commission Member Simmie Fairley: “I’m against.”

At this point, the motion should have carried 4-3 and the matter would have been closed with the commission not returning a “favorable” recommendation. Unfortunately, Adams thought the motion failed 5-2, and he immediately declared that it had failed.

Adams then moved the discussion to exploring other options. At one point he floated the idea of returning a “favorable” recommendation but with conditions. However, Bartholomew told the Mandeville Daily that in this case, that would not have been allowed.

It wasn’t long before Bartholomew noticed something was askew, asking for a clarification from the chair. She realized that two of the members, presumably Mike Pierce and Brian Rhinehart who both had said “deny,” intended to vote in favor of the motion, not against it as Adams had believed.

Bartholomew again tried to reign in the situation, saying, “You already made a motion and voted on it.”

Adams rebutted, “But that’s just a denial. It didn’t pass. You can make another motion.”

Bartholomew then stated incredulously: “The motion to recommend denial did not pass.”

She told the Mandeville Daily that because the commission is supposed to either return a “favorable” recommendation or nothing (in this type of rezoning case), and they had taken a vote that did not result in a “favorable” recommendation, the issue should have been over.

Bartholomew suggested they make a new motion, but this time make it in the affirmative and simpler.

However, more confusion was injected into the situation when Gautreaux said, “I think the motion would be to deny or vote negatively on the item to not recommend to the council to approve. What would be the proper wording for that?” A few audible gasps and chuckles could be heard from the crowd, obviously at the blatant double negative phrasing by Gautreaux just after Bartholomew suggested against that.

“You can make a motion … to recommend approval of the rezoning, and then you can vote yes or no,” Bartholomew told Gautreaux.

“So we can make an approval to recommend the re-zoning, and if we don’t agree with that we could vote no,” Gautreaux replied.

The motion as Bartholomew suggested was offered and voted on. It failed to carry by the same 4-3 vote that the original, negatively phrased motion should have carried earlier but was apparently mis-tallied, which would have resulted in the exact same outcome: the City Council would not receive a “favorable” recommendation.

After the vote, Adams tried to offer another motion on the subject, saying “I’ll try one.” This drew a loud murmur from the audience, as Bartholomew tried to explain to him that the failed motion means that the City Council will not receive a “favorable” recommendation, and the matter is settled.

Lahasky interjected, telling Adams, “You don’t have to get to an approval,” to which Adams quipped, “We don’t have to, but I’d actually like to.”

Adams said he wanted to make a recommendation to the council that the property owner would have to raise it eight feet among other things. To this, the 70-plus attendees seemed to grow even more discontent as their murmur escalated to a rumble.

Finally, Adams relented and the committee moved on to discuss the proposed carwash.

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Standing-room-only P&Z crowd voice concerns over proposed development

Cite 2003 ordinance: ‘some uses are incompatible with the desired nature of the corridor’

UPDATE: July 4, 2021, at 2:05 PM — Corrects date of next Planning & Zoning meeting to July 13th.

MANDEVILLE — A proposed carwash for West Causeway Approach abutting a residential neighborhood met stiff resistance at a standing-room-only Planning & Zoning Commission meeting tonight (June 22, 2021).

More than 70 locals packed the Paul Spitzfaden Community Center to voice their concerns over a proposal which would construct a 4,320-square-foot building on a 200-by-400-foot property on the east side of West Causeway Approach, which abuts Fontainebleau Subdivision. The properties to the north and south both have office buildings on them. Skipper Drive is directly across from the site.

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RELATED STORY: Planning & Zoning procedural gaffe causes confusion over vote outcome

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Rhonda Alleman, President of the Fontainebleau Homeowners Association, made an impassioned plea to the commission to deny the request, citing city code, Ordinance No. 03-13:

“West Causeway Approach corridor has developed into an area characterized by residential uses, light commercial and office uses and … The City Council wishes to maintain this character of the corridor, and … some uses are incompatible with the desired nature of the corridor,” she quoted.

“So as we address a permit for a densely commercial, high volume car wash in an already established corridor of office and residential, one would have to ask, how could this happen,” she said.

More than a dozen other residents spoke at the meeting, echoing Ordinance No. 03-13’s language of “incompatible” to describe the proposed carwash. They all expressed similar concerns: the noise of the vacuums, glare from the lights, water runoff, environmental concerns over oil and waste, heavier traffic near in an already heavily trafficked school zone area, and attracting crime to the area.

The property was annexed into the City of Mandeville in 2003 and zoned as Planned Combined Use (PCUD). The proposed use in this application is permitted with the approval of a zoning permit, or “Special Use Permit.”

According to information released by the Planning and Development Department, a zoning permit was approved in 2014 for the previous property owner, who also proposed a carwash facility, but that approval was contingent on special conditions, including restricting hours of operation, noise, and signage among other things.

Planning and Development Director Cara Bartholomew told the commission that those special conditions do not carry over to this application.

Chris Donner, the developer of the proposed carwash, said he would like to keep many of those conditions in his plans for this carwash. Donner said he is a longtime resident of St. Tammany Parish and desires to create a development that is compatible with the area.

Donner listened to the myriad complaints and near the end of the meeting he attempted to address those concerns. Among other things he said he is working with the Greater New Orleans Expressway Commission (GNOEC) to allay traffic concerns. The GNOEC has traffic oversight over West Causeway Approach.

The proposed carwash’s water recovery and filter system is state of the art and doesn’t pollute the environment, he added.

A minor dustup occurred in the closing minutes when Donner cited a noise study that downplayed the noise threat from carwashes, to which a number a those in attendance reacted sharply. When pressed by members of the commission, Donner admitted the study was subjective.

District I Councilwoman Rebecca Bush also spoke against the proposed development, which would be built in her district.

Tonight (June 22, 2021) was a “work” session which means the issue was discussed but not voted on. The Planning & Zoning Commission would vote at its next meeting July 13th at 6:30 p.m.

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