OFFICIAL MINUTES OF THE CITY COUNCIL CITY OF THIBODAUX CITY HALL THIBODAUX, LOUISIANA OCTOBER 20, 2015

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1 OFFICIAL MINUTES OF THE CITY COUNCIL CITY OF THIBODAUX CITY HALL THIBODAUX, LOUISIANA OCTOBER 20, 2015 The City Council of the City of Thibodaux assembled in regular session at its regular meeting place, City Hall, 310 West 2 nd Street, Thibodaux, Louisiana, on Tuesday, October 20, 2015 at 5:00 P.M. There were present: Councilmen Tabor, Richard, Mire, Badeaux and Councilwoman Johnson There were also present: Beau Brooks Absent: None The minutes of the October 6, 2015 City Council Meeting were approved as written. The City administers the Section 8 Rental Assistance Program funded through the U.S. Department of Housing and Urban Development. The City s Housing and Community Development Director informed the Council Administrator that she has received notice that in accordance with the Federal Register implementation of allowing the PHA to perform inspections biennially (once every 24 months) instead of annually. This amendment has been implemented in order to reduce financial burdens on the PHA. The PHA still reserves the right to perform inspections sooner if deemed necessary, upon request, or in order to ensure the health and safety of the tenant. On motion of Councilwoman Johnson, seconded by Councilman Mire, the Council voted on a resolution to approve the amendments to Chapter 8 of the Housing Quality Standards of the Section 8/HCV Administration Plan (frequency of inspections) and authorizing the submission to HUD. Upon roll call the vote was as RESOLUTION NO BE IT RESOLVED by the City Council of the City of Thibodaux in regular WHEREAS, the City Council of the City of Thibodaux, Louisiana approved the City s Section 8 Program Administrative Plan; and WHEREAS, changes were made in order to allow for inspections to be performed biennially (once every 24 months) in accordance with Federal Register implementation in order to reduce financial burdens on the PHA; and WHEREAS, due to the required changes made to the approved Administrative Plan it is necessary to submit a Revised Administrative Plan to the Department of Housing and Urban Development; and WHEREAS, it is necessary for the Council to approve the Revised Administrative Plan for submission to HUD by means of the adoption of an appropriate resolution NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Thibodaux does hereby approve the Revised Section 8 Program Administrative Plan 1

2 so as to include updated inspection requirements to the City s Plan. The above resolution having been submitted to a vote, the vote thereon was as And the above resolution was declared adopted this 20 th day of October The Mayor informed the Council Administrator that in order to proceed with the donation of property from J.B. Levert Land Company to the City for the North Wastewater Treatment Plant, the City is required to obtain an appraisal of the property. The Mayor requests that The McEnery Company prepare a professional services contract to provide an appraisal for the valuation of the property for donation purposes for the North Wastewater Treatment Plant Project. The cost of the appraisal is $3, On motion of Councilman Tabor, seconded by Councilman Richard, the Council voted on a resolution to execute a professional services agreement with The McEnery Company (Appraisal Services-Raw Land for the North Wastewater Treatment Plant-Donation by J.B. Levert Land Company). Upon roll call the vote was as YEAS: Tabor, Richard, Johnson, Mire NAYS: Badeaux RESOLUTION NO A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE MCENERY COMPANY (APPRAISAL SERVICES-RAW LAND FOR NORTH WASTEWATER TREATMENT PLANT-DONATION BY J.B. LEVERT LAND COMPANY) BE IT RESOLVED by the City Council of the City of Thibodaux in regular WHEREAS, the City is planning to construct the North Wastewater Treatment Plant on land to be donated to the City by J.B. Levert land Company; and WHEREAS, in order to proceed with the donation of the property to the City, an appraisal needs to be done to establish a fair market value of the raw land plus any value assignable to servitudes; and WHEREAS, the Mayor has selected The McEnery Company to provide appraisal services as required for the valuation for donation purposes for the North Wastewater Treatment Plant Facility; and WHEREAS, it is necessary to execute a contract with the said firm for the services to be rendered in conjunction with this project at a cost of $3, NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute a professional services contract with The McEnery Company for the aforesaid services. 2

3 BE IT FURTHER RESOLVED that a copy of the said contract is attached hereto as "Exhibit A" and thereby made a part hereof. The above resolution having been submitted to a vote, the vote thereon was as YEAS: Tabor, Richard, Johnson, Mire NAYS: Badeaux The Council adopted Resolution No on September 1, 2015 calling for a special election to propose an amendment to the Home Rule Charter in order to impose term limits on the City Council members, the renewal of the 5 mill ad valorem tax for the Fire Department, and a proposed.5% sales tax. The Secretary of State s Office notified our Bond Counsel that in order to properly format the ballot for the Charter Amendment Proposition, the City needs to approve the wording of the proposition as they have reformatted it. On motion of Councilman Mire, seconded by Councilman Richard, the Council voted on a resolution to amend Resolution No adopted by the City Council of the City of Thibodaux, State of Louisiana, on September 1, 2015 to comply with the request of the Office of the Secretary of State, and providing for other matters in connection therewith. Upon roll call the vote was as The following resolution was offered by _Councilman Mire_ and seconded by _Councilman Richard_: RESOLUTION NO A RESOLUTION AMENDING RESOLUTION NO ADOPTED BY THE CITY COUNCIL OF THE CITY OF THIBODAUX, STATE OF LOUISIANA, ON SEPTEMBER 1, 2015 TO COMPLY WITH A REQUEST OF THE OFFICE OF SECRETARY OF STATE, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City of Thibodaux, State of Louisiana (the City Council ), acting as the governing authority of the City of Thibodaux, State of Louisiana, previously adopted an ordinance proposing an amendment to the City of Thibodaux Home Rule Charter; and WHEREAS, the City Council also adopted the Resolution (the Election Resolution ), calling an election on the amendment proposed by the aforementioned Ordinance; and 3

4 WHEREAS, the City Council now desires to amend the Home Rule Charter proposition set forth in the Election Resolution to read as requested by the Secretary of State s office; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thibodaux, State of Louisiana (the City Council ), acting as the governing authority of the City of Thibodaux, State of Louisiana (the "City"), that: SECTION 1. Capitalized terms used herein shall have the meaning given such terms in the preamble to this Resolution. SECTION 2. The Charter Amendment Proposition as it appears in Section 1 of the Election Resolution shall be amended to read as CHARTER AMENDMENT PROPOSITION Shall Article III, Section 2E of the City Charter of the City of Thibodaux be amended to provide that the members of the Council shall be elected according to the election laws of the State of Louisiana for a four (4) year term concurrent with that of the Mayor and shall be eligible for re-election; but no person shall be eligible as a candidate for election or re-election as a member of the Council for the term immediately following the third consecutive term to which that person was elected as a member of the Council, beginning with the members of the Council elected for the term? SECTION 3. A copy of this resolution shall be forwarded to the state and local election officials and the State Bond Commission. Application is hereby made to the State Bond Commission for their approval and that the election officials are hereby requested and directed to take any and all action required by law to arrange for the election. SECTION 4. The Notice of Election authorized in Section 2 of the Election Resolution shall be automatically amended to reflect the changes set forth in the Charter Amendment Proposition. SECTION 5. Notwithstanding the foregoing, prior to the publication of the Notice of Election provided in Section 2 of the Election Resolution, the Council Administrator is authorized and directed to make any amendments to the foregoing proposition that may be required to comply with any state or federal regulatory agencies. SECTION 6. This resolution shall be effective immediately upon its adoption. This resolution is intended to amend the Election Resolution. All prior resolutions of this Governing Authority, including but not limited to the foregoing resolution, in conflict with the terms of this resolution shall be automatically amended, but only to the extent of such conflict. This resolution having been submitted to a vote, the vote thereon was as YEAS: Tabor, Richard, Johnson, Mire, and Badeaux ABSTAIN: None And the resolution was declared adopted on this the 20 th day of October, 4

5 The Grants Director informed the Council Administrator that the LA Division of Administration has awarded the City funding through the Community Water Enrichment Fund Grant Program in an amount of $50, The funds will be used toward the cost of replacing the walkway and vacuum tank at the Thibodaux Water Treatment Plant. On motion of Councilman Richard, seconded by Councilwoman Johnson, the Council voted on an ordinance to authorize the Mayor to sign a grant agreement with the State of Louisiana Division of Administration for an FY Community Water Enrichment Fund Grant. Upon roll call the vote was as ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A GRANT AGREEMENT WITH THE STATE OF LOUISIANA DIVISION OF ADMINISTRATION FOR A FY COMMUNITY WATER ENRICHMENT FUND GRANT BE IT ORDAINED by the City Council of the City of Thibodaux in regular WHEREAS, the City has applied for funding assistance through the Community Water Enrichment Fund (CWEF) program to replace walkway and vacuum tank at the Thibodaux Water Treatment Plant; and WHEREAS, the CWEF has awarded a grant to the City in the amount of $50,000.00; and WHEREAS, it is necessary to execute an agreement with the State of Louisiana for the CWEF grant mentioned hereinbefore. NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor be and is hereby authorized to execute a grant agreement with the State of Louisiana Division of Administration for a FY Community Water Enrichment Fund Grant. BE IT FURTHER ORDAINED that a copy of the said agreement is attached hereto as "Exhibit A" and thereby made a part hereof. The above ordinance having been submitted to a vote, the vote thereon was as The Grants Director informed the Council Administrator that the City is in the position to receive funds in an amount not to exceed $9, through the 5

6 DOTD from the Transportation Trust Fund for the rehabilitation of the beacon support structure at the Thibodaux Municipal Airport. On motion of Councilman Richard, seconded by Councilman Tabor, the Council voted on an ordinance to authorize the Mayor to sign an agreement with the Louisiana Department of Transportation and Development to reimburse the City of Thibodaux for costs associated with the rehabilitation of the rotating beacon support structure at the Thibodaux Municipal Airport. Upon roll call the vote was as ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (THIBODAUX MUNICIPAL AIRPORT BEACON SUPPORT STRUCTURE REHABILITATION) BE IT ORDAINED by the City Council of the City of Thibodaux in regular WHEREAS, Act 451 of the 1989 Regular Session of the Louisiana Legislature authorized the financing of certain airport improvements from funds appropriated from the Transportation trust Fund; and WHEREAS, the City Council of the City of Thibodaux has requested funding assistance from LA DOTD to rehabilitate the rotating beacon support structure; and WHEREAS, the LA DOTD is agreeable to the implementation of this project and desires to cooperate with the City of Thibodaux according to the terms and conditions identified in the attached Agreement; and WHEREAS, the LA DOTD will reimburse the sponsor up to $9, of the actual costs for the rehabilitation of the rotating beacon support structure. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that does hereby authorize the Mayor to execute an Agreement for the improvements to the Thibodaux Municipal Airport identified as State Project No. H , more fully identified in the agreement attached hereto. The above ordinance having been submitted to a vote, the vote thereon was as The City received a request from the elearning School to establish a school zone near their school on North Acadia Road from Percy Brown Road to Bowie Road. The establishment of the school zone would restrict the speed of traffic on this section of North Acadia Road to fifteen (15) mph from 7:00 A.M. to 9:00 A.M. and 2:00 P.M. to 4:00 P.M. on all school days. 6

7 On motion of Councilman Mire, seconded by Councilman Tabor, the Council voted on an ordinance to amend and re-enact Section (f) of the Thibodaux City Code of Ordinances so as to create Sub-Section (16) (School Zone on North Acadia Road from Percy Brown to Bowie Road). On motion of Councilman Richard, seconded by Councilman Mire, the Council voted to amend the ordinance to become effective immediately as amended. Upon roll call the vote was as ORDINANCE NO AN ORDINANCE TO AMEND AND RE-ENACT SECTION (f) OF THE THIBODAUX CITY CODE OF ORDINANCES SO AS TO CREATE SUB-SECTION (16) (SCHOOL ZONE ON NORTH ACADIA ROAD FROM PERCY BROWN ROAD TO BOWIE ROAD) BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section (f) of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to create Sub-Section (16) to read as Sec Speed Limits ---Specified. (a) School zones. The following streets shall be designated as school zones between the hours of 7:00 a.m. and 9:00 a.m. and between 2:00 p.m. and 4:00 p.m. on all school days each year, and any other time that school zone signs are displayed in the same said streets, and no vehicle under any circumstance shall be drives at a greater speed that fifteen (15) miles per hour during said times in said zones: (16) On North Acadia Road between LA 648 (Percy Brown Road) and Bowie Road. BE IT FURTHER ORDAINED that the provisions of this ordinance shall become effective immediately upon its adoption by the City Council. The above ordinance having been submitted to a vote, the vote thereon was as There being no further business the meeting was adjourned. 7

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