PROCEEDINGS OF THE TERREBONNE PARISH COUNCIL IN REGULAR SESSION JULY 11, 2012

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1 PROCEEDINGS OF THE TERREBONNE PARISH COUNCIL IN REGULAR SESSION JULY 11, 2012 The Chairwoman, Ms. A. Williams, called the meeting to order at 6:00 p.m. in the Terrebonne Parish Council Meeting Room. Following an Invocation, offered by Councilwoman A. Williams, Councilman R. Hornsby led the Pledge of Allegiance. Upon roll call, Council Members recorded as present were: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams, and G. Hood, Sr. A quorum was declared present. Ms. C. Duplantis moved, seconded by Mr. D. Guidry, THAT, the Council approve the minutes of the Regular Council Session held on 06/13/12. The Chairwoman called for a vote on the motion offered by Ms. C. Duplantis. YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. Ms. C. Duplantis moved, seconded by Mr. R. Hornsby, THAT, the Council approve the Parish Bill Lists dated 07/02/12 and 07/09/12. The Chairwoman called for a vote on the motion offered by Ms. C. Duplantis. YEAS: C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. ABSTAINING: B. Amedée. The Council Chairwoman acknowledged Mr. Wayne Thibodeaux, former Councilman and Director of the Houma Housing Authority, to present the 2012 Special Achievement Award from Southwest NAHRO (National Association of Housing and Redevelopment Officials). Mr. Thibodeaux explained that Southwest NAHRO is the regional organization for all housing authorites in Louisiana and that individuals who receive this award show exemplary service and are consistent partners in the housing authority process. He said that the recipient of the 2012 Special Achievement Award for this year is always willing to go the extra mile, such as in providing gifts for the annual Christmas programs, along with bicycles and Wii games to the less fortunate children in the communities; the recipient also provided gifts and refreshments to some of the local children in Senator Circle for their annual Easter Program. He then announced that this year s recipient is Councilman John Navy, who supported a grant which helped to develop a relationship and a partnership between Houma-Terrebonne Housing Authority and Nicholls State University which is called Project LACERT. Mr. Thibodeaux read aloud the wording on the plaque and presented it to Councilman J. Navy, thanking him for his exemplary service, his heartfelt compassion and positive attitude toward the citizens of Terrebonne Parish, especially the children. 1

2 Councilman J. Navy thanked Mr. Thibodeaux along with the Southwest NAHRO committee for this award, and expressed that his overall goal is to help the citizens of Terrebonne Parish in any way that he is able. The Council Chairwoman recognized the Parish President, Michel Claudet, who presented the keys to the city in recognition of their work in planning and putting on the 4 th of July celebration to Ms. Wendy Jeffcoat, Mr. Danny Picou and Mr. Jack Crocker. The recipients thanked the Council and Administration for the acknowledgement, and recognized the other members of the Independence Day Celebration committee who were in attendance. Councilman D. Babin thanked all veterans for their sacrifice and service, and acknowledgee 13 year- old Lexie Richmond who performed with the Community Band at the 4 th of July celebration. The Council Chairwoman recognized Honorable Lenar Whitney, La. Representative of District 53, who is in the audience for tonight s proceedings. The Council Chairwoman recognized Mr. Steve Vassallo, Director of TEDA, who presented the Council and the Administration with a video and a power-point presentation which entailed the overview of Weihai, China s economic development structure and the key component areas where economic trading occurs. Mr. Steve Vassallo explained and distributed a packet of information to the Council and the Administration for their review and explained that every question and concern that the delegation and/or citizens of Terrebonne Parish had about partnershipping with Weihai, China were addressed when they met with the Chinese delegation. Mr. Vassallo read into the records a statement from Honorable U.S. Senator David Vitter that arrived today, encouraging and applauding TEDA and the Louisiana Department of Economic Development for their proactive and innovative approach to creating international alliances for business development. Mr. Vassallo also noted that letters from Honorable U. S. Senator Mary L. Landrieu and Mr. Mike McKee were also received congratulating TEDA for their innovative approach to fostering economic trade with Weihai, China. Mr. Steve Vassallo introduced Mr. Sung Lee, Louisiana Asian representative and Economic Development liaison, who had accompanied the delegation of Terrebonne Parish to Weihai, China. He explained that he has been working for the State of Louisiana for approximately 22 years helping to facilitate trade between the United States and China. Mr. Lee explained the last year alone the United States exported $100 million, and this figure has increased greatly from 10 years ago. Mr. Lee explained that this is a great investment opportunity for the Parish of Terrebonne. Mr. Patrick Gordon, Terrebonne Parish Planning and Zoning Director, explained that we are living in a global economy age and the opportunity to visit and explore Weihai, China s economy was very impressive for the delegation of Terrebonne Parish. He explained that Weihai has two other sister-city alliances which are Santa Barbara, California and Akron, Ohio; Akron because of the tire industry. Mr. Gordon explained that the primary goal for the delegation in Weihai, China is its interest in Terrebonne Parish and the Gulf Coast area for its quality seafood industry. Mr. Mike Voisin, owner of Motivatit Seafood and TEDA member, explained that the report that he received was that this is a great investment opportunity for the seafood industry and economic development for Terrebonne Parish. He further explained that the Chinese consume seafood for health purposes and this is a great opportunity for this area of the Gulf Coast region. Mr. Charles Williams, Vice-Chairman of TEDA, presented the Council and the Administration with a brief synopsis and overview of the information that has been presented thus far and explained that TEDA was well informed of the economic opportunity and potential growth that Terrebonne Parish would benefit from by developing a sister-city alliance with Weihai, China. 2

3 Mr. Don Hingle, Chairman of TEDA, explained that partnershipping with Weihai, China is a great opportunity for Terrebonne Parish because of the growing middle class families in China that are very willing to buy high-end products. He further explained that with hard work and determination this partnership with Weihai, China will be lucrative and it will boast our local economy and create more job opportunities for the citizens of Terrebonne Parish and the Gulf Coast region. Several Council Members expressed appreciation for the steps TEDA has taken towards establishing a trade alliance with Weihai, China. Councilwoman B. Amedée questioned Mr. Vassallo about the steps that potential businesses in this area would need to take if they were interested in partnershipping with Weihai, China. Mr. Vassallo explained that all that they would have to do is contact TEDA and they will instruct them on the procedures that would be needed to have their products exported to China. Mr. P. Lambert moved, seconded by Ms. B. Amedée, THAT, it now being 6:30 p.m., the Council open public hearings at this time. The Chairwoman called for a vote on the motion offered by Mr. P. Lambert. YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. The Chairwoman recognized the public for comments on the following: A. A proposed amendment to specific aspects of the Terrebonne Parish Gustav/Ike Disaster Recovery Plan. There were no comments from the public on the proposed ordinance. Mr. P. Lambert moved, seconded by Ms. C. Duplantis, THAT, the Council close the aforementioned public hearing. The Chairwoman called for a vote on the motion offered by Mr. P. Lambert. YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. OFFERED BY: Mr. P. Lambert. SECONDED BY: Mr. D. Babin. RESOLUTION NO A RESOLUTION AUTHORIZING THE PRESIDENT TO SIGN ANY AND ALL DOCUMENTS TO SUBMIT AN AMENDMENT TO SPECIFIC ASPECTS OF THE TERREBONNE PARISH GUSTAV/IKE DISASTER RECOVERY PLAN AND TO IMPLEMENT THE AMENDMENT APPROVED. WHEREAS, the Terrebonne Parish Consolidated Government has been awarded Community Development Block Grant funding as a result of the damage caused by Hurricanes Gustav and Ike; and WHEREAS, the feasibility or need for funding for economic development and certain housing programs has changed and an alternative allocation for more flood resilient Public Works and Animal Shelter facilities is recommended (see Attachment A); and 3

4 WHEREAS, a public hearing has been held on July 11, 2012, and after hearing no objections and/or comments relative thereto, the Council now takes the following action. NOW, THEREFORE, BE IT RESOLVED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the Parish President, Michel H. Claudet, is authorized to sign, submit and implement the recommended amendment to the Terrebonne Parish Gustav/Ike Disaster Recovery Plan regarding the projects in Attachment A. YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. The Chairwoman declared the resolution adopted on this, the 11 th day of July, * * * * * * * * The Chairwoman recognized the public for comments on the following: B. A proposed ordinance to partially revoke the public dedication of a portion of Concord Road, to be effective upon installation, final inspection and dedication of the new roadway alignment to be constructed by the landowner pursuant to a Cooperative Endeavor Agreement with Christopher E. Cenac, Jr., M.D. and Audra Ward Cenac, D.D.S. There were no comments from the public on the proposed ordinance. Ms. C. Duplantis moved, seconded by Mr. P. Lambert and Mr. G. Hood, Sr., THAT, the Council close the aforementioned public hearing. The Chairwoman called for a vote on the motion offered by Ms. C. Duplantis. YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. OFFERED BY: Mr. D. Babin. SECONDED: Unanimously. ORDINANCE NO AN ORDINANCE TO PARTIALLY REVOKE THE PUBLIC DEDICATION OF THAT PORTION OF CONCORD ROAD AS DEPICTED ON THE ATTACHED PLAT TO BE EFFECTIVE UPON INSTALLATION, FINAL INSPECTION AND DEDICATION OF THE NEW ROADWAY ALIGNMENT TO BE CONSTRUCTED BY THE LANDOWNER PURSUANT TO COOPERATIVE ENDEAVOR AGREEMENT. SECTION I NOW, THEREFORE BE IT ORDAINED that the Terrebonne Parish Council, in regular session convened, acting pursuant to the authority vested in it by the Constitution and laws of the State of Louisiana, and pursuant to the Home Rule Charter for a Consolidated Government, has determined that effective solely upon the installation, in accordance with requirements contained in Exhibit A, final inspection, and public dedication of a new roadway alignment to be constructed by landowners, Christopher and Audra Cenac, the servitude of public passage on the portion of the existing roadway known as Concord Road depicted on the attached plat (Exhibit A) shall no longer be needed for public purposes, and the Terrebonne Parish Council does hereby solely revoke the dedication of public passage on said existing portion of Concord Road, as depicted in Exhibit A; however, TPCG expressly reserves the associated utility servitude, all pursuant to the Cooperative Endeavor Agreement between TPCG and the Cenacs in the form of Exhibit B, which Agreement is expressly authorized and ratified. 4

5 SECTION II If any word, clause, phrase, section or other portion of this ordinance shall be declared null, void, invalid, illegal, or unconstitutional, the remaining words, clauses, phrases, sections and other portions of this ordinance shall remain in full force and effect, the provisions of this ordinance hereby being declared to be severable. SECTION III This ordinance shall become effective upon approval by the Parish President or as otherwise provided in Section 2-13(b) of the Home Rule Charter for a Consolidated Government for Terrebonne Parish, whichever occurs sooner. This ordinance, having been introduced and laid on the table for at least two weeks, was voted upon as follows: YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. The Chairwoman declared the ordinance adopted on this, the 11 th day of July, The Chairwoman recognized the public for comments on the following: C. A proposed ordinance to amend the Budgets for additional assistance from the HMGP, Automatic Bar Screen Cleaners Project to provide funds for the Coteau/Smithridge Pump Station Bar Screen ($199,484.00) There were no comments from the public on the proposed ordinance. Mr. P. Lambert moved, seconded by Ms. C. Duplantis, THAT, the Council close the aforementioned public hearing. The Chairwoman called for a vote on the motion offered by Mr. P. Lambert. YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. OFFERED BY: Mr. P. Lambert. SECONDED BY: Mr. G. Hood, Sr. ORDINANCE NO AN ORDINANCE TO AMEND THE 2012 ADOPTED BUDGET AND THE 5-YEAR CAPITAL OUTLAY FOR ADDITIONAL ASSISTANCE FROM THE HAZARD MITIGATION GRANT PROGRAM, AUTOMATIC BAR SCREEN CLEANERS PROJECT AND TO PROVIDE FOR RELATED MATTERS. COTEAU/SMITHRIDGE PUMP STATION BAR SCREEN, $199,484 SECTION I WHEREAS, Parish has received an additional $199,484 grant for the Coteau/Smithridge Pump Station Screen Project, and 5

6 WHEREAS, the additional funding will be used for the Montegut Pump Station, as well as revisions to the construction costs for the Coteau and Smithridge Pump Stations, and WHEREAS, this money will bring the total for this project to $3,362,484. BE IT ORDAINED, by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that the 2012 Adopted Budget and Five Year Capital Outlay Budget of the Terrebonne Parish Consolidated Government be amended for the Coteau/Smithridge Pump Station Bar Screen Project. (See Attachment A). This ordinance, having been introduced and laid on the table for at least two weeks, was voted upon as follows: YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. The Chairwoman declared the ordinance adopted on this, the 11 th day of July, ATTACHMENT A - Coteau/Smithridge P/S Bar Screen 2012 Adopted Change Amended Coteau/Smithridge P/S Bar Screen 2,960, ,484 3,160,266 Other Fees 13, ,237 HMGP Coteau/Smithridge (2,974,022) (200,481) (3,174,503) ********** The Chairwoman recognized the public for comments on the following: D. A proposed ordinance to amend the Parish Code regarding excessive unnecessary noise, noisemaking and amplifying devices to provide for enforcement mechanisms. The Council Chairwoman acknowledged Ms. Bonita Boudoin, a Houma resident, who explained that she is asking for support from the Council and the Administration as it relates to the noise ordinance and the blocking of her driveway during neighborhood parties. Councilman J. Navy explained to Ms. Boudoin that he has recently spoken to the neighbors in that particular area about the parking complaint and he has been in contact with Mr. Cenac, the developer in that area, and Mr. Patrick Gordon, Planning and Zoning Director, about several of Ms. Boudoin s issues and concerns. Ms. B Amedée moved, seconded by Mr. D. Babin, THAT, the Council close the aforementioned public hearing. The Chairwoman called for a vote on the motion offered by Ms. B. Amedée. YEAS: B. Amedée, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. ABSENT: C. Duplantis. 6

7 OFFERED BY: Mr. J. Navy. SECONDED BY: Mr. D. Guidry. ORDINANCE NO AN ORDINANCE TO AMEND CHAPTER 19, OFFENSES, MISCELLANEOUS LAW ENFORCEMENT PROVISIONS, ARTICLE I, IN GENERAL, SECTION 19-5 (C) EXCESSIVE UNNECESSARY NOISE; NOISEMAKING AND AMPLIFYING DEVICES TO PROVIDE FOR ENFORCEMENT MECHANISMS SECTION I BE IT ORDAINED by the Terrebonne Parish Council, in regular session convened, acting pursuant to the authority vested in it by the Constitution and laws of the State of Louisiana, and pursuant to the Home Rule Charter for a Consolidated Government, do hereby amend Chapter 19, Offenses, Miscellaneous Law Enforcement Provisions, Article I, In General, Section 19-5 (c) and (e) Excessive Unnecessary Noise; Noisemaking and Amplifying Devices as below (insertions underlined, removals struck through): Sec Excessive, unnecessary noise; noisemaking and amplifying devices (c) Criminal Enforcement Provisions. Any person violating this section pertaining to noise emanating from within private structures or commercial establishments or structures, upon conviction thereof shall be fined one hundred dollars ($100.00) for the first offense, and shall be fined five hundred dollars ($500.00) and/or imprisoned for a period not to exceed ninety (90) days for the second offense, and shall be fined five hundred dollars ($500.00) and shall be imprisoned for a period of not less than thirty (30) days and not to exceed ninety (90) days, without benefit of suspension of sentence, for the third and all subsequent offenses. Upon three (3) violations of this section, a court of competent jurisdiction may grant permanent injunctive relief against a violator. Any person violating this section pertaining to noise emanating from motor vehicles, upon conviction thereof shall be fined one hundred dollars ($100.00) for the first offense, shall be fined two hundred fifty dollars ($250.00) for the second offense, and shall be fined five hundred dollars ($500.00) for the third and all subsequent offenses. (d) Remains the same. (e) The Parish Planning Department The parish administration is solely authorized to issue permits for the use of amplifying equipment or devices in accordance with this section under the following conditions: (1) Only temporary permits may be issued and such permits may not exceed three (3) days. (2) Temporary permits may not be issued consecutively to any person or persons, entity or enterprise, or their agents, so as to defeat the prohibitions set forth in this section. The term "consecutively" is defined to mean at any time within a six-month period. (3) Temporary permits may not be issued to a permanent business establishment within the Parish of Terrebonne. The term "permanent business establishment" is defined as anyone or any entity obtaining an occupational license within the Parish of Terrebonne. (4) A charge of twenty dollars ($20.00) will be levied for each application for a permit to cover administrative expenses in connection with the issuing of the permit. (5) The parish administration Planning Department may use discretion in the issuance of any request for a permit and may consider, including but not limited to, the location of the proposed activity, the nature of the proposed activity, the time of the proposed activity and any and all other factors that concern the health, safety, and welfare of the residents of the Parish of Terrebonne. (6) Sound permits shall require continuous compliance with all other applicable state and local laws. Should the permit holder violate any terms of the permit or such state and local laws, including but not limited to disturbing the peace, disorderly conduct (TP Code19-207), obscenity, violating quiet zones, obstructing public passages, unlawful 7

8 sale of alcoholic beverages, contributing to the delinquency of juveniles (TP Code ), and curfew laws (TP Code 21-1, 19-3), law enforcement officials are authorized to revoke the permit. Under no circumstances are permit holders authorized to play obscene, patently offensive or profane music at excessive levels so as to constitute a disturbance of the peace. SECTION II If any word, clause, phrase, section or other portion of this ordinance shall be declared null, void, invalid, illegal, or unconstitutional, the remaining words, clauses, phrases, sections or other portions of this ordinance shall remain in full force and effect, the provisions of this section hereby being declared to be severable. SECTION III This ordinance shall become effective upon approval by the Parish President or as otherwise provided in Section 2-13 (b) of the Home Rule Charter for a Consolidated Government for Terrebonne Parish, whichever occurs sooner. This ordinance, having been introduced and laid on the table for at least two weeks, was voted upon as follows: YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. The Chairwoman declared the ordinance adopted on this, the 11 th day of July, Mr. P. Lambert moved, seconded by Mr. G. Hood, Sr., THAT, the Council continue with the regular order of business. The Chairwoman called for a vote on the motion offered by Mr. P. Lambert. YEAS: B. Amedée, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. ABSENT: C. Duplantis. A speaker card was submitted by Ms. Telesia Clark Agenda Item 2B (a Terrebonne Parish resident wishes to address the Council relative to Southdown Cemetery) but upon call by the Chairwoman, she did not come forward to address the Council. Councilman J. Navy requested that due to the absence of Ms. Telesia Clark, the matter relative to Southdown Cemetery be placed on the next Council meeting agenda ( July 25 th ) The Council Chairwoman recognized Ms. Lucretia McBride, a resident of Terrebonne, who addressed the Council relative to the matter of Southdown Cemetery, historical Cemetery Preservation Act and grave artifacts at Southdown Cemetery. Ms. McBride presented the Council and the Administration with a presentation of pictures that showed that the word cemetery on the entry gate is misspelled, that there is a sign that indicates that trash needs to be placed in the appropriate receptacles, but that are none present for trash disposal, that trash is accumulating around a tree in the cemetery, and that there are headstones that are placed in the trash piles that are considered historical grave artifacts, and should be protected under a variety of State Statues. 8

9 Mr. P. Lambert moved, seconded by Mr. G. Hood, Sr., THAT, the Council extend Ms. Lucretia McBride s time an additional minute. The Chairwoman called for a vote on the motion offered by Mr. P. Lambert. YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. Ms. McBride continued and explained that cemeteries are sacred and valuable and asked the Council to organize and/or appoint members to a sub-committee to look into the up keep and management of our local public cemeteries. Discussion ensued with several Council Members explaining that they were unaware of the misspelling of the word cemetery on the Southdown Cemetery sign; inquired as to whether the Cemetery Committee still is in existence; and inquired whether the cemeteries inspected on a regular basis. Mr. Patrick Gordon, Planning and Zoning Director, explained that the fence contractor did spell the word cemetery correctly but somehow during the process of having it welded in place, the word was spelled incorrectly and that the headstones that are being placed next to the tree were probably found fallen over and the contractor hired to cut the grass moved them there. He further explained that the Cemetery Committee does not meet any more and that it was only formed for an appeal basis process, that the cemeteries are inspected on a regular basis, and the overall grass cutting and debris removal is done by the Department of Public Works. The Council Chairwoman recognized Mr. Bernard Hargenrader, a Houma resident, who explained that he is opposing the partnership with Weihai, China citing a number of different problems that have occurred in the past as it relates to the products that are being imported into the United States, which includes tainted Chinese drywall, toys with lead in them and tainted dog food that are making dogs ill. He explained that by partnershipping with China we would be exposing our future generation to a system of ideas and views that are totally opposite and differing in opinions as to what they have already been exposed to. He asked for the Council and the Administration to opposed this partnership. The Council Chairwoman recognized Mr. Johnny E. Liner, a Houma resident, who addressed the Council relative to the matter of employment opportunities at Terrebonne General. Mr. Liner submitted a letter that was to be left with each Council Member and explained that he would defer to a later date discussing the issue of employment opportunities at Terrebonne General Medical Center. The Chairwoman called for a report on the Budget and Finance Committee meeting held on 07/09/12, whereupon the Committee Chairman, noting that ratification of the minutes calls public hearings on 07/25/12, rendered the following: BUDGET & FINANCE COMMITTEE JULY 9, 2012 The Chairman, John Navy, called the Budget & Finance Committee meeting to order at 5:30 p.m. in the Terrebonne Parish Council Meeting Room with an Invocation offered by A. Williams and the Pledge of Allegiance led by P. Lambert. Upon roll call, Committee Members recorded as present were: B. Amedẻe, D. Babin, C. Duplantis, D. Guidry, Capt. Greg Hood, Sr., R. Hornsby, P. Lambert, J. Navy, and A. Williams. A quorum was declared present. 9

10 OFFERED BY: Mr. P. Lambert. SECONDED BY: Mr. G. Hood, Sr. RESOLUTION NO WHEREAS, on June 6, 2012 bids were received by the Terrebonne Parish Consolidated Government for Bid #12-LAND-22 Purchase of One (1) New/Unused Medium-Duty Hydraulic Crawler Excavator & Attachments for the Solid Waste Division of the Utilities Department, and WHEREAS, after careful review by the Purchasing Division; Tom Bourg, Utilities Director and Clay Naquin, Solid Waste Administrator it has been determined that the lowest qualified responsive bid was submitted by M & L Industries to provide One New/Unused Medium Duty Hydraulic Crawler Excavator (Doosan DX300LC), Attachments (2 Buckets and 1 Geith Concrete Crusher) and an Extended Warranty in the amount of Two Hundred Ten Thousand, Four Hundred Seventy-One Dollars and Thirty- Seven Cents ($210,471.37), and WHEREAS, the Parish Administration has recommended the acceptance of the bid from M & L Industries in the amount of Two Hundred Ten Thousand, Four Hundred Seventy-One Dollars and Thirty-Seven Cents ($210,471.37) for the Solid Waste Division of the Utilities Department as per bid documents, and NOW, THEREFORE BE IT RESOLVED by the Terrebonne Parish Council (Budget and Finance Committee), on behalf of the Terrebonne Parish Consolidated Government, that the recommendation of the Parish Administration be approved and that the bid of M & L Industries be accepted as per bid documents. The Chairman declared the resolution adopted on this, the 9 th day of July, Ms. A. Williams moved, seconded by Ms. B. Amedẻe, THAT, the Budget & Finance Committee introduce an ordinance to amend the 2012 Budget of the Terrebonne Parish Consolidated Government to adjust the 2011 Adopted Beginning Fund Balances and the Net Assets to Actual, as per the 2011 Audited Financial Statements, and call a public hearing on said matter on Wednesday, July 25, 2012 at 6:30 p.m. The Chairman called for the vote on the motion offered by Ms. A Williams. YEAS: B. Amedẻe, D. Babin, C. Duplantis, D. Guidry, Capt. G. Hood, Sr., R. Hornsby, P. Lambert, J. Navy, and A. Williams. The Chairman declared the motion adopted. Ms. A. Williams moved, seconded by Mr. R. Hornsby, THAT, the Budget & Finance Committee introduce an ordinance to amend the 2012 Budget for the following items: I. Head Start Grant- $9, II. Head Start Donation - $75.00 III. Housing/Urban Development Grant, Louisiana Drive Property - $114, and call a public hearing on said matter on Wednesday, July 25, 2012 at 6:30 p.m. The Chairman called for the vote on the motion offered by Ms. A. Williams. 10

11 YEAS: B. Amedẻe, D. Babin, C. Duplantis, D. Guidry, Capt. G. Hood, Sr., R. Hornsby, P. Lambert, J. Navy, and A. Williams. The Chairman declared the motion adopted. Ms. A. Williams moved, seconded by Mr. R. Hornsby, THAT, the Budget & Finance Committee introduce an ordinance to amend the 2012 Adopted Operating Budget of the Terrebonne Parish Consolidated Government for the following items: I. FEMA Wind Retrofit Project HMGP 1786n $1,098, II. Severe Repetitive Loss Program - $4,176, and call a public hearing on said matter on Wednesday, July 25, 2012 at 6:30 p.m. The Chairman called for the vote on the motion offered by Ms. A. Williams. YEAS: B. Amedẻe, D. Babin, C. Duplantis, D. Guidry, Capt. G. Hood, Sr., R. Hornsby, P. Lambert, J. Navy, and A. Williams. The Chairman declared the motion adopted. Mr. G. Hood, Sr. moved, seconded by Mr. P. Lambert, THAT, there being no further business to come before the Budget & Finance Committee, the meeting be adjourned. The Chairman called for the vote on the motion offered by Mr. G. Hood, Sr. YEAS: B. Amedẻe, D. Babin, C. Duplantis, D. Guidry, Capt. G. Hood, Sr., R. Hornsby, P. Lambert, J. Navy, and A. Williams. The Chairman declared the motion adopted and the meeting was adjourned at 5:35 p.m. John Navy, Chairman Suzette Thomas, Minute Clerk Mr. J. Navy moved, seconded by Ms. C. Duplantis, THAT, the Council accept and ratify the minutes of the Budget and Finance Committee meeting held on 07/09/12. The Chairwoman called for a vote on the motion offered by Mr. J. Navy. YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. The Chairwoman called for a report on the Policy, Procedure and Legal Committee meeting held on 07/09/12 whereupon the Committee Chairman rendered the following: POLICY, PROCEDURE, & LEGAL COMMITTEE JULY 9, 2012 The Chairman, Russell Hornsby, called the Policy, Procedure, & Legal Committee meeting to order at 5:45 p.m. in the Terrebonne Parish Council Meeting Room with an Invocation offered by D. Guidry and the Pledge of Allegiance led by J. Navy. Upon roll call, Committee Members recorded as present were: B. Amedẻe, D. Babin, C. Duplantis, D. Guidry, Capt. Greg Hood, Sr., HPD Ret., R. Hornsby, P. Lambert, J. Navy, and A. Williams. A quorum was declared present. 11

12 OFFERED BY: Mr. D. Guidry. SECONDED BY: Mr. D. Babin. RESOLUTION NO A RESOLUTION AUTHORIZING THE PARISH PRESIDENT TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TERREBONNE PARISH CONSOLIDATED GOVERNMENT ( TPCG ) AND THE LOUISIANA WORKFORCE COMMISSION, OFFICE OF WORKERS COMPENSATION ADMINISTRATION ( OWCA ) TO PROVIDE SECURITY TO THE OWCA SATELLITE OFFICE IN HOUMA, AND RELATED MATTERS. WHEREAS, La. R.S. 33:1324 provides any parish or political subdivision of the state may make agreements among themselves to engage jointly in the construction or improvement of any public project or improvement provided that at least one of the participants to the agreement is authorized by law to complete the undertaking; and WHEREAS, the OWCA is authorized to establish satellite offices and courts, and provide adequate security to those courts and offices; and WHEREAS, at the State s District 9 office and court, TPCG desires to facilitate with the State in providing security services through the Houma Police Department; and WHEREAS, TPCG and OWCA agree to enter into a contract for professional services containing substantially the same terms of those set out in the contract to provide security services at the OWCA satellite office in Houma, Louisiana; and NOW THEREFORE BE IT RESOLVED by the Terrebonne Parish Council (Policy, Procedure and Legal Committee), on behalf of the Terrebonne Parish Consolidated Government, that Parish President Michel Claudet is hereby authorized to negotiate and to execute all documents necessary to effect a viable Intergovernmental Agreement between the Terrebonne Parish Consolidated Government and the Louisiana Workforce Commission, Office of Workers Compensation Administration containing substantially the same terms as those set out in the aforementioned agreement. The Chairman declared the resolution adopted on this, the 9 th day of July, Mr. G. Hood, Sr. moved, seconded by Mr. D. Babin, THAT, there being no further business to come before the Policy, Procedure, & Legal Committee, the meeting be adjourned. The Chairman called for the vote on the motion offered by Mr. G. Hood, Sr. YEAS: B. Amedẻe, D. Babin, C. Duplantis, D. Guidry, G. Hood, R. Hornsby, P. Lambert, J. Navy, and A. Williams. The Chairman declared the motion adopted and the meeting was adjourned at 5:47 p.m. Russell Hornsby, Chairman Suzette Thomas, Minute Clerk 12

13 Mr. R. Hornsby moved, seconded by Mr. P. Lambert, THAT, the Council accept and ratify the minutes of the Policy, Procedure and Legal Committee meeting held on 07/09/12. The Chairwoman called for a vote on the motion offered by Mr. R. Hornsby. YEAS: B. Amedée, C. Duplantis, R. Hornsby, D. Babin, D. Guidry, P. Lambert, J. Navy, A. Williams and G. Hood, Sr. The Chairwoman called for a report on the Public Services Committee meeting held on 07/09/12 whereupon the Committee Chairwoman rendered the following: PUBLIC SERVICES COMMITTEE JULY 9, 2012 The Chairwoman, Christa M. Duplantis, called the Public Services Committee meeting to order at 6:00 p.m. in the Terrebonne Parish Council Meeting Room with an Invocation offered by D. Guidry and the Pledge of Allegiance led by J. Navy. Upon roll call, Committee Members recorded as present were: B. Amedẻe, D. Babin, C. Duplantis, D. Guidry, Capt. Greg Hood, Sr., HPD Ret., R. Hornsby, P. Lambert, J. Navy, and A. Williams. A quorum was declared present. OFFERED BY: Mr. D. Guidry. SECONDED BY: Mr. G. Hood, Sr. and Mr. D. Babin. RESOLUTION NO A RESOLUTION CONSENTING TO THE ASSIGNMENT OF RIGHTS AND OBLIGATIONS UNDER THE CONTRACT WITH ABMB ENGINEERS, INC. WHEREAS, the Terrebonne Parish Consolidated Government (TPCG) entered into an agreement with ABMB Engineers, Inc. for assistance with development coordination and configuration for the dedicated local resources of the LA DOTD Houma ITS Development Project, dated February 4, 2011, which contract is of record with the Terrebonne Parish Clerk of Court at entry no ; and WHEREAS, ABMB Engineers, Inc. was acquired by Stantec Consulting Services, Inc. on May 25, 2012; and WHEREAS, the TPCG and Stantec Consulting Services, Inc. desire to have the agreement reassigned, and WHEREAS, the Parish has been provided with copies of the related resolutions, legal documentation and notice of such change in status of the entity with which it executed its professional services agreement and has no objection to the change. NOW THEREFORE BE IT RESOLVED, by the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, that assignment of the contract with ABMB Engineers, Inc. to Stantec Consulting Services, Inc. be, and is hereby, authorized; and, BE IT FURTHER RESOLVED, that the Parish President and all other appropriate parties be, and they are hereby, authorized to execute any and all contract documents associated therewith. 13

14 The Chairwoman declared the resolution adopted on this, the 9 th day of July, OFFERED BY: Mr. D. Babin. SECONDED BY: Mr. D. Guidry. RESOLUTION NO A resolution ratifying the appointment of the engineering firm of Moffatt & Nichol, to provide engineering services for the Atchafalaya Long Distance Sediment Pipeline project, Contract A, including Data Compilation & Analysis and Identification of Potential Borrow Areas; and authorizing execution of a contractual agreement for these services. WHEREAS, the Terrebonne Parish Consolidated Government wishes to compile and analyze data relative to identification of possible sediment borrow sources in the Atchafalaya River for a sediment pipeline to deliver materials from sediment sources in and around the Atchafalaya River to areas of great need in Terrebonne Parish wetland areas; and WHEREAS, based on the potential for immediately near-term construction funding opportunities associated with fines and penalties stemming from the BP/Deepwater Horizon incident of April 20, 2010, awarding concurrently running contracts for this project puts the project on a favorable track to receive construction funding; and WHEREAS, the engineering firm of Moffatt & Nichol, has been selected through the Request for Qualifications process to provide the required engineering services for data compilation and analysis relative to identification of possible sediment borrow sources in the Atchafalaya River for the Atchafalaya Long Distance Sediment Pipeline project; and NOW, THEREFORE BE IT RESOLVED that the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, does hereby ratify the appointment of the engineering firm of Moffatt & Nichol, by Terrebonne Parish President Michel Claudet for professional engineering services for the Atchafalaya Long Distance Sediment Pipeline project, Contract A; and BE IT FURTHER RESOLVED that the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, does hereby authorize the execution of a contractual agreement with the engineering firm of Moffatt & Nichol, by Terrebonne Parish President Michel Claudet for professional engineering services for the Atchafalaya Long Distance Sediment Pipeline project. The Chairwoman declared the resolution adopted on this, the 9 th day of July, OFFERED BY: Mr. R. Hornsby. SECONDED BY: Mr. D. Babin. RESOLUTION NO A resolution ratifying the appointment of the engineering firm of Shaw Coastal, Inc., to provide 14

15 engineering services for the Atchafalaya Long Distance Sediment Pipeline project, Contract B, including Design Criteria of Sediment Pipeline Conveyance System and Cost Comparison Development; and authorizing execution of a contractual agreement for these services. WHEREAS, the Terrebonne Parish Consolidated Government wishes to develop design criteria and project estimated construction, operation, and maintenance costs for a sediment pipeline to deliver materials from sediment sources in and around the Atchafalaya River to areas of great need in Terrebonne Parish wetland areas, and WHEREAS, based on the potential for immediately near-term construction funding opportunities associated with fines and penalties stemming from the BP/Deepwater Horizon incident of April 20, 2010, awarding concurrently running contracts for this project puts the project on a favorable track to receive construction funding; and WHEREAS, the engineering firm of Shaw Coastal, Inc., has been selected through the Request for Qualifications process to provide the required engineering services for development of design criteria and cost comparison development for the Atchafalaya Long Distance Sediment Pipeline project; and NOW, THEREFORE BE IT RESOLVED that the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, does hereby ratify the appointment of the engineering firm of Shaw Coastal, Inc., by Terrebonne Parish President Michel Claudet for professional engineering services for the Atchafalaya Long Distance Sediment Pipeline project, Contract B; and BE IT FURTHER RESOLVED that the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, does hereby authorize the execution of a contractual agreement with the engineering firm of Shaw Coastal, Inc., by Terrebonne Parish President Michel Claudet for professional engineering services for the Atchafalaya Long Distance Sediment Pipeline project. The Chairwoman declared the resolution adopted on this, the 9 th day of July, OFFERED BY: Mr. R. Hornsby. SECONDED BY: Ms. A. Williams. RESOLUTION NO A resolution providing for the ratification of the appointment by Parish President Michel Claudet of the firm of Providence/GSE GSE Associates, LLC, to provide engineering services for the Electrical and Mechanical Modifications to the Southdown No. 2 Holding Basin, and also authorizing Parish President Michel Claudet to execute the appropriate engineering contract documents for this project. WHEREAS, Terrebonne Parish is desirous of making electrical and mechanical modifications to the Southdown No. 2 Holding Basin, which will include electrical controls and additional aerators, and WHEREAS, Terrebonne Parish Consolidated Government would like to proceed with the design of this project, and WHEREAS, Parish President Michel Claudet has recommended that the firm of Providence/GSE 15

16 GSE Associates, LLC be retained to provide the necessary professional service for this project, and NOW THEREFORE BE IT RESOLVED, by the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, that Parish President Michel Claudet be ratified and that the engineering from of Providence/GSE GSE Associates, LLC, be retained to provide the necessary professional services for the Electrical and Mechanical Modifications to Southdown No. 2 Holding Basin and that Parish President Michel Claudet be authorized to execute any and all documents with said firm for this project. The Chairwoman declared the resolution adopted on this, the 9 th day of July, OFFERED BY: Mr. D. Babin. SECONDED BY: Mr. P. Lambert. RESOLUTION NO A resolution ratifying the appointment of the engineering firm of GSE Associates, LLC, to provide engineering services for the Upper Dularge Pump Station; and authorizing execution of an engineering agreement for these services. WHEREAS, the Terrebonne Parish Consolidated Government wishes to construct Upper Dularge Pump Station, and WHEREAS, the engineering firm of GSE Associates, LLC, has been selected through the Request for Qualifications process to provide the required services for the Upper Dularge Pump Station; and NOW, THEREFORE BE IT RESOLVED that the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, does hereby ratify the appointment of the engineering firm of GSE Associates, LLC, by Terrebonne Parish President Michel Claudet for professional engineering services for the Upper Dularge Pump Station; and BE IT FURTHER RESOLVED that the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, does hereby authorize the execution of an architectural agreement with the engineering firm GSE Associates, LLC by Terrebonne Parish President Michel Claudet, the Upper Dularge Pump Station. The Chairwoman declared the resolution adopted on this, the 9 th day of July,

17 OFFERED BY: Mr. D. Babin. SECONDED BY: Mr. D. Guidry. RESOLUTION NO A Resolution awarding and authorizing the signing of the construction contract for Parish Project No. 10-SEW-49, Renovation of Ashland North 1, Ashland North 2 and Ashland South Sewer Lift Stations, CWSRF No. CS , Terrebonne Parish, Louisiana, and authorizing the issuance of the Notice to Proceed, contingent upon the approval of the Louisiana Department of Environmental Quality. WHEREAS, the Terrebonne Parish Consolidated Government did receive construction bids on June 13, 2012, for the project known as Parish Project No. 10-SEW-49, Renovation of Ashland North 1, Ashland North 2 and Ashland South Sewer Lift Stations, CWSRF No. CS , Terrebonne Parish, Louisiana, and WHEREAS, Duplantis Design Group, PC, the Project Engineer has reviewed the bids received and recommends the bid of Volute, Inc., as the lowest responsive bid, in the amount of $746,296.00, and WHEREAS, based upon these supporting recommendations, the Public Works Department/Pollution Control Division recommends the award of Parish Project No. 10-SEW- 49, Renovation of Ashland North 1, Ashland North 2 and Ashland South Sewer Lift Stations, to Volute, Inc., in the amount of Seven Hundred Forty-Six Thousand Two Hundred Ninety-Six Dollars ($746,296.00). NOW THEREFORE BE IT RESOLVED, by the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, that Parish Project No. 10-SEW-49, Renovation of Ashland North 1, Ashland North 2 and Ashland South Sewer Lift Stations, be, and is hereby awarded to Volute, Inc., contingent upon the approval of the Louisiana Department of Environmental Quality, in the amount of Seven Hundred Forty-Six Thousand Two Hundred Ninety-Six Dollars ($746,296.00); and, BE IT FURTHER RESOLVED, that the Parish President and all other appropriate parties be, and they are hereby authorized to execute any and all contract documents associated therewith. YEAS: J. Navy, A. Williams, G. Hood, Sr., C. Duplantis, R. Hornsby, D. Babin, D. Guidry and P. Lambert. ABSTAINING: B. Amedée. The Chairwoman declared the resolution adopted on this, the 9 th day of July, OFFERED BY: Ms. A. Williams. SECONDED BY: Mr. G. Hood, Sr. RESOLUTION NO A Resolution awarding and authorizing the signing of the construction contract for Parish Project No. 09-SEW-09, Routier & Winn Dixie sewage Pump Station Upgrades, CWSRF No. CS , Terrebonne Parish, Louisiana, and authorizing the issuance of the Notice to Proceed, contingent upon the approval of the Louisiana Department of Environmental Quality. WHEREAS, the Terrebonne Parish Consolidated Government did receive construction bids on June 26, 2012, for the project known as Parish Project No. 09-SEW-09, Routier & Winn Dixie Sewage Pump Station Upgrades, CWSRF No. CS , Terrebonne Parish, Louisiana, and 17

18 WHEREAS, T. Baker Smith, LLC, the Project Engineer has reviewed the bids received and recommends the bid of Petron, LLC, as the lowest responsive bid, in the amount of $422,345.15, and WHEREAS, based upon these supporting recommendations, the Public Works Department/Pollution Control Division recommends the award of Parish Project No. 09-SEW- 09, Routier & Winn Dixie Sewage Pump Station Upgrades, to Petron, LLC, in the amount of Four Hundred Twenty-Two Thousand Three Hundred Forty-Five Dollars and Fifteen Cents ($422,345.15). NOW THEREFORE BE IT RESOLVED, by the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, that Parish Project No. 09-SEW-09, Routier & Winn Dixie Sewage Pump Station Upgrades, be, and is hereby awarded to Petron, LLC, contingent upon the approval of the Louisiana Department of Environmental Quality, in the amount of One Four Hundred Twenty-Two Thousand Three Hundred Forty-Five Dollars and Fifteen Cents ($422,345.15); and, BE IT FURTHER RESOLVED, that the Parish President and all other appropriate parties be, and they are hereby authorized to execute any and all contract documents associated therewith. The Chairwoman declared the resolution adopted on this, the 9 th day of July, OFFERED BY: Ms. B. Amedée. SECONDED BY: Mr. P. Lambert. RESOLUTION NO A resolution authorizing the execution of a contract between Shell Pipeline Company, LP & Terrebonne Parish Consolidated Government to protect the Shell Pipeline for the Bayou Gardens Extension (Coteau Road to Bayou Blue Road) identified as Parish Project No. 07-EXT-22 and authorizing execution of a contract for these services. WHEREAS, the Terrebonne Parish Consolidated Government is desirous of constructing the extension of Bayou Gardens from Coteau Road to Bayou Blue Road, and WHEREAS, there is an existing Shell Pipeline crossing the proposed roadway which needs to be protected, and WHEREAS, the Terrebonne Parish Consolidated Government is desirous of entering into a contract with Shell Pipeline, LP, and WHEREAS, it is necessary to protect the pipeline due to the new roadway, and WHEREAS, it is required to install 155 feet of 22 inch split casing to Shell Pipeline LP s Houma to Convent 18 inch pipeline that will be impacted by the construction of Bayou Gardens Extension (Coteau Road to Bayou Blue Road), and WHEREAS, the Terrebonne Parish Consolidated Government wishes to satisfy pipeline requirements in effort to proceed with this project, and WHEREAS, the Terrebonne Parish Consolidated Government agrees to enter into a contract with 18

19 Shell Pipeline Company, LP, and execute any and all documents required for the protection of this 18 inch Houma to Convent Pipeline, and NOW, THEREFORE BE IT RESOLVED, that the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, does hereby authorize the execution of said contract and any and all paperwork necessary for pipeline protection for the Bayou Gardens Extension (Coteau Road to Bayou Blue Road) Project, Parish Project No. 07-EXT-22; by Terrebonne Parish President Michel Claudet. The Chairwoman declared the resolution adopted on this, the 9 th day of July, OFFERED BY: Ms. B. Amedée. SECONDED BY: Mr. G. Hood, Sr. RESOLUTION NO A resolution authorizing the execution of a contract between Gulf South Pipeline Company, LP & Terrebonne Parish Consolidated Government to relocate the Gulf South Pipeline for the Bayou Gardens Extension Project (Coteau Road to Bayou Blue Road) identified as Parish Project No. 07-EXT-22 and authorizing execution of a contract for these services. WHEREAS, the Terrebonne Parish Consolidated Government is desirous of constructing the extension of Bayou Gardens from Coteau Road to Bayou Blue Road, and WHEREAS, there is an existing Gulf South Pipeline crossing the proposed roadway, and WHEREAS, it is required by Gulf South Pipeline to relocate 10 natural gas pipeline to ensure safety and protection of their pipeline, and WHEREAS, the Terrebonne Parish Consolidated Government is desirous of entering into a contract with Gulf South Pipeline, and WHEREAS, it is necessary for Gulf South Pipeline Company to perform relocation work for their 10 natural gas pipeline, and WHEREAS, this work will include cost for Engineering/Project Management, Gulf South s Inspection and Operations Personnel, Engineering Records, Right of Way, Permit Fee and Processing, Materials, Freight and Contractor costs, and WHEREAS, the Terrebonne Parish Consolidated Government wishes to satisfy pipeline requirements in effort to proceed with this project, and WHEREAS, the Terrebonne Parish Consolidated Government agrees to enter into a contract with Gulf South Pipeline Company, LP, and execute any and all documents required for this 10 natural gas pipeline, and NOW, THEREFORE BE IT RESOLVED, that the Terrebonne Parish Council (Public Services Committee), on behalf of the Terrebonne Parish Consolidated Government, does hereby authorize the execution of said contract and any and all paperwork necessary for this pipeline for the Bayou Gardens Extension Project (Coteau Road to Bayou Blue Road), Parish Project No. 07- EXT-22; by Terrebonne Parish President Michel Claudet. 19

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