OFFICIAL PROCEEDING OF SOUTH LAFOURCHE LEVEE DISTRICT April 9, 2012

Transcription

1 OFFICIAL PROCEEDING OF SOUTH LAFOURCHE LEVEE DISTRICT April 9, 2012 The Board of Commissioners of the South Lafourche Levee District met in a regular session at its regular meeting place, Highway 3235, Galliano, Louisiana, on Monday, April 9, 2012, at three (3:00) o clock p.m., pursuant to the provisions of a notice of regular session duly promulgated and posted in accordance with the law. The regular meeting for the month of April was called to order by President Ronald Callais. He directed the secretary to call roll. Board members present: Board members absent: Lula Auenson Ronald Callais Robert Bobby Eymard, Sr. Bob Faulk Clarence CJ Marts, Jr. (arrived at 3:04) Monty Vegas Ernest EJ Gremillion Roy Gisclair Mitch Danos None Also present were: Executive Secretary and General Manager Windell Curole; Administrative Assistant 5 Mary Punch; Levee Board Operations Superintendent Jimmy Badeaux; Engineering Personnel Joe Picciola, Brad Adams, Larry Picciola and John Plaisance; Town of Golden Meadow Mayor Joey Bouziga; Corps Personnel Joey Wagner and Bill Foret; OCPR Rick Dugas; All South Consulting Engineers Steve Smith; Attorneys Bryce Autin and Don Harang; Congressman Steve Scalise Representatives Megan Bel, Justin Crossie and Jeffrey Green; Ken Mercer, Dudley Freeman, and news media. READING OF THE MINUTES The minutes of the March 19, 2012 Regular Meeting were approved unanimously upon a motion by Roy Gisclair and seconded by Bobby Eymard. PRESIDENT S REPORT ALBL WORKSHOP President Callais reminded the board that the annual workshop in Baton Rouge would be held on May 3-4, Mr. Callais stated that there would be mandatory ethics training held at the workshop and that any commissioner that would not be able to attend, would need to complete the training on-line. TIER 2.1 FINANCIAL DISCLOSURE FORMS-DUE BY MAY 15TH President Callais reminded the board that the annual financial disclosure forms were due by May 15 th. AUDIENCE COMMENTS Mayor Joey Bouziga, Town of Golden Meadow Town of Golden Meadow Pump Station: Discharge Pipe Damage Mayor Joey Bouziga addressed the board to discuss damages sustained to a pump at the Town of Golden Meadow s pumping station. Mayor Bouziga presented photos of the leaking pipes to the board. Mayor Bouziga stated that he felt there was a problem with the valve when the pump was cranked which resulted in a blown gasket. He further stated that, due to the serious need for repairs, he would suggest hiring a third party to repair pump damage. In addition, the mayor felt the Town should not be bare the cost for those repairs. Corps Joey Wagner stated that the Corps contracted the project out. Mr. Wagner explained that their area office was working with the contractor, and it appeared that the valve was not completely open

2 Page 2 of 8 when the work was done. He further explained that anytime work was done on the pump station and a new butterfly valve was being installed, valves are to remain in the open position at all times. For some unknown reason, that particular valve was partially closed. When the pumps were run, the partial closure forced back the water and caused damage to the pipe. Mr. Wagner stated that they were continuing their investigations to see if the coupling was broken. Mr. Wagner assured the board that the contractor was aware of the issues and that he would know more by tomorrow morning. In an effort to clarify for the board, Mr. Curole explained that the discharge pipes run through the floodwall which was part of the flood protection project that the Corps had contracted out. In order to make improvements to the flood protection project, the pump had to be adjusted. Those adjustments included installing valves that would prevent water from backing up and flooding the town of Golden Meadow. Indicators were not installed properly which caused damage to the pumps. Town of Golden Meadow Pump Station: Access Ramp Mayor Bouziga informed the board that trucks needed to get to the pumping station, but could not do so due to the lack of access to the ramps. Mayor Bouziga stated he had requested a drawing, but never received it. Mr. Curole assured the mayor that the Levee District would take care of it, but would not be able to do so until the Corps had finished their project and moved out. President Callais requested Engineer Larry Picciola meet with Mayor Bouziga after the meeting to see what could be done to resolve that issue. Megan Bel, Congressman Steve Scalise Restore Act Megan Bel introduced herself saying she worked out of the DC office with Congressman Steve Scalise. Ms. Bel stated that she and her colleagues, Justin Crossie and Jeffrey Green, were available to offer assistance. Ms. Bel added that the Congressman was up for election in the new district which included our area. Ms. Bel explained the Restore Act and who would benefit from it, if it passed. She stated that there would be between $5B and $21B that would be available to all five gulf coast states which would come from the BP trial or settlement. Current legislation would give that money to the General Treasury so it was important that the new law passed so Louisiana could get some of the money. Ms. Bel stated that she was not sure how much Louisiana would get and explained that there were three pots of money that would contain 80% of the total funds. The first pot of 35% of the 80% would be equally distributed among the five Gulf States. Although Texas and Florida were favorable toward that plan, the remaining states, which were closest to the oil spill and suffered the most from it, were not in favor of it. Pot 2, which we feel would be most beneficial to Louisiana, was 30% of the 80%, and those funds would go toward comprehensive restoration plans. Pot 3 was the remaining 30% which would go to individual states that were impacted by the oil spill, and those states would be awarded according to their proximity to the well blowout. Ken Mercer Mr. Ken Mercer explained that he lived just outside the hurricane protection on the NE side near Delta Farms. Mr. Mercer suggested the Levee District build up the levee on the inside of that area to offer additional protection. Mr. Mercer explained that from 3 rd street to where the gate was, he would like to eliminate the gate and have it replaced with a ramp. He offered to move his road, if needed. GENERAL MANAGER S REPORT LOCK ACCIDENT General Manager Windell Curole informed the board of damages that were sustained when a barge hit the lock in Golden Meadow. Attorney Bryce Autin had sent letters to companies early last week explaining their responsibility for those damages. Mr. Curole added that the Levee District would write procedure for the lock operators to go by when lock and floodgate accidents occur. RESOLUTION 12-01: DR. BOB BEA Mr. Curole informed the board that Dr. Bob Bea was with the University of California at Berkley and was instrumental with the I-PET report after Hurricane Katrina. He was also part of the committee that wrote recommendations to President Obama on what should be done after the Macondo well blow out. Mr. Curole explained that after those instructions were given, the President declared a moratorium in the gulf. Dr. Bob Bea was one of the scientists who wrote back and told the President that they did not recommend a moratorium. Mr. Curole stated that Dr. Bea had been a friend to us and recommended a resolution be passed showing the support of the people in south Louisiana.

3 Page 3 of 8 On a motion by Lula Auenson and seconded by Monty Vegas, the following resolution passed unanimously: RESOLUTION WHEREAS, the South Lafourche Levee District is threatened by hurricanes and was located in the affected area of the Macondo well blow out; WHEREAS, the Louisiana Legislature granted conservation authority to all LA Levee Districts; WHEREAS, Dr. Bob Bea has played a key role in the response and analysis in both disasters resulting from Hurricane Katrina, and then five years later, the Macondo well blow out; WHEREAS, the people of South Lafourche were greatly affected from both events and the governmental response; WHEREAS, in both instances Dr. Bea suggested needed improvements to avoid future possible disasters; WHEREAS, Dr. Bea was one of the scientists who gave recommendation on oil development after the Macondo accident; WHEREAS, Dr. Bea was one of the scientists who told the President of the United States that their report did not support a moratorium; WHEREAS, Dr. Bea also worked on the I-PET report which lead to the US Army Corps of Engineers support of strict and costly standards; WHEREAS, Dr. Bea stated that the I-PET report was not meant to stop work where improvements are made, but do not meet the USACE s new standards. NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners of the South Lafourche Levee District does acknowledge the work and support that Dr. Bob Bea has provided for the people of south Louisiana. RESOLUTION 12-02: LANDOWNERS WHO DONATED PROPERTY Mr. Curole explained that certain landowners could have accepted payment for their property, but instead donated their property for levee improvements. Mr. Curole recommended a resolution thanking them on behalf of the community for their unselfish acts of donation. Those who donated property were: ConocoPhillips Company David M. Carey and Virginia Peterson Carey Grand Isle Shipyard Patrick J Pitre and Nadine C Pitre Glenn Gisclair and Monita Doucet Gisclair Blanchard Contractors, Inc. Mr. & Mrs. Dudley J. Guidry Joe s Septic Contractors, Inc. Steve A. Angelette and Carolyn Pitre Angelette On a motion by Mitch Danos and seconded by Clarence Marts, Sr., the following resolution passed unanimously: RESOLUTION WHEREAS, on January 10, 2011, the South Lafourche Levee District appropriated a permanent levee servitude on certain property necessary to improve the needed flood protection for the communities of Larose, Cut Off, Galliano and Golden Meadow; and WHEREAS, all landowners affected by the appropriation were entitled to receive certain compensation for this permanent levee servitude; and WHEREAS, all landowners pay taxes for the building and maintenance of the flood protection system; and

4 Page 4 of 8 NOW LET IT BE KNOWN that [Donor s Name] has donated their property in the right-of-way to assist their community in its attempt to improve its needed flood protection; and BE IT FURTHER KNOWN that the South Lafourche Levee District extends its thanks and gratitude for this extraordinary gift to the community. RESOLUTION 12-03: CAMINADA HEADLANDS BEACH AND DUNE RESTORATION PROJECT Mr. Curole explained the Caminada Headlands Beach and Dune Restoration Project was a CIAP project funded by offshore oil revenues. He informed the board that if the money was not utilized here in our area, it would be sent elsewhere. The State was negotiating with the Wisner and Conway tracts in hopes of obtaining property rights by the end of the month. If not, the property would be expropriated, which the State had agreed to pay all costs including expropriation, legal and property. The Executive Committee had agreed to pass a resolution in support of the project. President Callais read following resolution: RESOLUTION Moved by Monty Vegas, and seconded by Robert Eymard. WHEREAS, the Office of Coastal Protection and Restoration ( OCPR ) plans to construct the Caminada Headlands Beach and Dune Restoration integrated coastal protection project BA-45 (the Project ), which is consistent with Louisiana s Comprehensive Master Plan and has been authorized in Louisiana s FY2010 and FY2011 Annual Plans, within the territorial jurisdiction of the South Lafourche Levee District ( SLLD ), and WHEREAS, OCPR has been unable to voluntarily acquire servitudes necessary for the Project from Caillouet Land Corporation, thereby jeopardizing the project and the funding for it, and WHEREAS, the Board of Commissioners of the SLLD supports the Project, which will further the purposes and duties of the Board, and WHEREAS, OCPR has requested the SLLD to enter into an intergovernmental agreement with OCPR to assist OCPR with obtaining the servitudes required for the Project, at OCPR s sole cost, and WHEREAS, the SLLD has, under the Constitution and laws of the State of Louisiana, authority to enter into intergovernmental agreements with OCPR and to acquire and expropriate servitudes necessary for the purpose of construction of integrated coastal protection projects. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the South Lafourche Levee District, that if negotiations for voluntary acquisition of the servitudes necessary for the Project are unsuccessful prior to May 1, 2012, expropriation of the servitudes set forth on Exhibit B hereto over the areas shown as Parcels 1-1, 1-2, 1-3, 1-4, and 1-5 on Exhibit A hereto is necessary for the public purpose of construction of the Project, and upon request by OCPR, the South Lafourche Levee District shall expropriate said servitudes from Caillouet Land Corporation. Said servitudes shall be shown more particularly in a survey thereof to be provided by OCPR. BE IT FURTHER RESOLVED, that the South Lafourche Levee District enter into an intergovernmental agreement with OCPR for the acquisition or expropriation of said servitudes, providing that OCPR shall pay or reimburse South Lafourche Levee District for all costs of such acquisition or expropriation or legal matters incident thereto, including but not limited to all necessary contractor and/or legal services and costs, payments, deposits, or judgments for the required servitudes, legal defense against any suit brought challenging the right of the SLLD to so acquire or expropriate the servitudes detailed herein and settlements approved by OCPR, in relation to such acquisition or expropriation. BE IT FURTHER RESOLVED, that the President, Ronald Callais, or Executive Secretary, Windell Curole, are hereby authorized, empowered, and directed to sign any and all documents and expend funds necessary to accomplish the acquisition, expropriation, and intergovernmental agreement authorized hereby. VOTE: YEAS: 9 NAYS: 0 ABSENT: 0 This resolution declared adopted on this 9 th day of April, 2012.

5 Page 5 of 8 MEETING WITH COL FLEMING ON STANDARDS & PLANS Mr. Curole announced that he, along with our local engineers, had met with Col. Fleming and some Corps personnel. He informed the board that since Hurricane Katrina, the Corps had requested SLLD let them know as to which standard we were building levees. He explained that we were building to the old standard, in some cases better than the old, but we were also building some levees to the new standard. The Corps requested we write a report to explain exactly which standard we are building to, so we ve asked Engineer John Plaisance to prepare that report and get it to the Corps. Mr. Plaisance stated that he agreed with Mr. Curole and that he looked forward to preparing the report with help from the Corps and other local engineers. SENATOR VITTER CONFERENCE CALL Mr. Curole informed the board that he had two conference calls with Senator Vitter. He explained that the Senator was looking for ways to cut costs on some of the Corps project. He would also be doing some pilot projects with some of the levee districts. Those districts would do most of the work themselves with the Corps acting as a management team to oversee those projects. Mr. Curole explained that they also discussed the Modified Charleston Method which was the method used for mitigation. Mr. Curole added that everyone had agreed it was a good way to determine wetlands, but most people were having trouble as to how to compensate those wetlands. With the old way if you damaged one acre of wetlands, you would mitigate one acre, but now with the new way you would mitigate 4 or 5 acres to each acre of damaged wetlands. RESTORE ACT Mr. Curole stated that Megan Bel with Congressman Steve Scalise s office had described the Restore Act earlier. OPEN MEETING SEMINAR CENTRAL LAFOURCHE HIGH SCHOOL Mr. Curole explained that District Attorney Cam Morvant had set up a seminar for April 18 & 19 to discuss Open Meetings laws REASSESSMENT YEAR PROPERTY TAX Mr. Curole announced that 2012 was a reassessment year for property, and presented a letter to the board. He stated that no action would be necessary until the assessment was taken. RESTORE OR RETREAT: 2012 MEMBERSHIP - $500 Mr. Curole announced that the $500 membership contribution was due and requested the board authorize him to sign a Cooperative Endeavor Agreement with Restore or Retreat. On a motion by Lula Auenson and seconded by Roy Gisclair, the board unanimously agreed to authorize General Manager Windell Curole to sign the Cooperative Endeavor Agreement and submit the 2012 Membership Contribution in the amount of $500 as requested by Restore or Retreat. ENGINEERING REPORT OFFICE OF COASTAL PROTECTION AND RESTORATION Mr. Rick Dugas stated that he had nothing to report. CORPS OF ENGINEERS Corps representative Joey Wagner gave the following report: Intracoastal Floodwall: GIWW Construction Efforts We have driven about 1300 linear feet. We are hoping all the wall driving will be complete this week. We will be setting up a meeting on the 15 th with the Water District to discuss their request to do something different with the pipe which is outside the scope of the contractor. The contractor has finished putting in sand and hopefully next week he will put in his whalers. We are hoping to finish this job by late May or early June. Golden Meadow Pumping Station Floodwall: We are on our last 4-5% of this project. The contractor is finalizing the road and we are hoping to see a signage within the next few days. The ramp is almost complete, the soil is in and should be seeded and fertilized within the next week. We will set up meeting with Mayor Bouziga to discuss electrical and discharge pipe issues. Almost all the electrical is complete. However, there has been some confusion as to who will be dropping in the meter box on

6 Page 6 of 8 the power pole. We will be making a conference call with all parties to solve that problem. Due to electrical delays, the final inspection scheduled this week will most likely be postponed. Mr. Dudley Freeman voiced his concerns saying his house had sustained damage from the vibrations of the pile driving and his cabinets were now falling off the walls. He stated that he was no longer concerned with the cement, and just wanted the inside of his house fixed. Mr. Wagner denied Corps responsibility for damages to Mr. Freeman s house and suggested a party be brought in to determine the cause and extent of the damage. Attorney Bryce Autin stated that without seeing the damages himself, he didn t feel the Levee District would be responsible, and agreed that a third party should be brought in. Mr. Wagner stated that the Corps has certain procedures they have to follow, but he would go back to the Corps legal team and have them to discuss this matter. He stated he would have the legal team stay in contact with Mr. Autin. Pump Station No. 2: We are about 65% complete with the design. We will meet within the next two weeks to review the design with SLLD. GIWW Floodwall (Larose): We are about 65% complete. The environmentalists have been out and hopefully we ll see the environmental impact statement in the newspapers in the near future. PAC Study: We will be out this week with our team of environmentalists which will include State and other federal environmental agencies. We will be driving the entire system to determine the biological baseline. PROJECT ENGINEERS PICCIOLA & ASSOCIATES Engineer Joe Picciola gave the following report: A -West/ B -South: Phase II-Dredging Dredging: Manson is continuing their dredging operations. Manson is dredging the islands in the middle of the borrow canal. Manson Construction has submitted their 5 th pay request to cover material dredged in March. This includes dredging 42, cubic yards. Manson has completed 33% of the dredge volume. Pay Request #5- $162, Moved by Roy Gisclair, seconded by Bobby Eymard and unanimously accepted, the board approved Pay Request No. 5 in the amount of $162, Elevation of South Floodgate Investigation Phase 2 Status remains the same. The corps is reviewing the plans and calculations. We have not received and comments regarding this project from the Corps. The status of the Corps permit also remains the same. This information is still being reviewed by the Engineering Division. Pump Station No. 1 The pump is not operating properly. FPI in Florida manufactured the pump. Representatives from FPI inspected and performed tests on the pump and determined it needed to be pulled and sent back to Florida for repairs. The pump arrived to FPI on Wednesday, April 4 th. The pump was disassembled and the upper column bearing and shaft sleeve was damaged due to alignment issues. FPI will repair and check alignment of all components to pinpoint the issue and assure alignment for reinstallation. Once the pump is reinstalled, FPI and M&L will perform start up and testing services. FPI requested the gear drive be sent to Florida to help with alignment. A supplemental agreement was signed to cover the liability of the gear drive. Moved by Roy Gisclair, seconded by Bobby Eymard, and unanimously accepted, the board authorized President Ronald Callais or General Manager Windell Curole to sign the supplemental agreement to cover liability of the gear drive.

7 Page 7 of 8 The contract time has expired for this project. M&L has requested a time extension to the contract. M&L s letter is attached to this report for your review. Upon the engineer s recommendation, board deferred making a decision on granting an extension of time until a later date. General Manager Windell Curole requested an update on Section D-North. Engineer Joe Picciola reported that all of D-North had been surveyed, along with levee cross sections in the borrow area. Soil borings were requested from the Corps. Additional soil borings would likely be made. No cost estimate would be available until the cross sections are complete. J. WAYNE PLAISANCE, INC. Engineer John Plaisance reported the following: East Golden Meadow Retention Project We are still waiting on the permit. There have been some delays with DNR. Pump Station No. 4 Elevation of Discharge Pipe We received bids on April 5, 2012 for the Pump Station No. 4 Elevation of Discharge Pipe project. Thirteen bids were submitted. All bids appeared to be in order. The low bid for the Base Bid was $280,460.00, submitted by Circle, LLC. We recommend awarding the construction contract to the low bidder. Moved by Monty Vegas, seconded by Mitch Danos and unanimously carried, the board agreed to award Pump Station No. 4, Elevation of Discharge Pipe project to the low bidder, Circle, LLC at the bid price of $280, LEVEE IMPROVEMENTS ANGELETTE-PICCIOLA, LLC Engineer Neil Angelette reported the following: Section E-North Raising to +13 (Old elevation was 10 ) The contractor, Cecil Gassiott, LLC, has mobilized in the main bucket dredge to begin construction. C-South and B-North (and a portion of B-South) Levee Improvements The contractor, Terra Logistics, LLC, is continuing with the project construction. We are recommending approval of Pay Request No. 12 for $128, We are also recommending approval to add 70 days to the contract time as follows: 30 days for the additional work that was authorized to extend the project south, 30 days for the low water levels in the canal and 10 days for Tropical Storm Lee which damaged some of their equipment. Moved by Lula Auenson, seconded by Roy Gisclair, and unanimously accepted, the board approved Pay Request No. 12 in the amount of $128, Moved by Bobby Eymard, seconded by Clarence Marts, and unanimously accepted, the board approved the extension of 70 days to the contract time. Section F Levee Improvements We are proceeding with the project design to excavate the remaining borrow material from the existing right-of-way. D-South Levee Improvements The contractor, MSK Enterprises, Inc., is continuing with the project construction. We are recommending approval of Pay Request No. 2 for $77, Moved by Clarence Marts, seconded by Bob Faulk, and unanimously accepted, the board approved Pay Request No. 2 in the amount of $77, LEGAL, PERMITS, AND RIGHT-OF-WAYS COMMITTEE REPORT

8 Page 8 of 8 Chairman Mitch Danos, General Manager Windell Curole announced that no permits were received for review. BOARD ATTORNEY Attorneys Bryce Autin and Don Harang deferred his report until Executive session. FINANCE COMMITTEE INVOICES Chairman Roy Gisclair announced that the Finance Committee had reviewed the invoices. He stated that they found everything in order and recommended the invoices be paid. On a motion of Roy Gisclair, seconded by Lula Auenson and unanimously carried, the board approved the payment of the invoices as presented. EXECUTIVE SESSION A motion to enter into Executive Session to discuss legal issues was made by Lula Auenson, seconded by Monty Vegas and unanimously carried. A motion to re-enter into Regular Session was made by Bob Faulk, seconded by Monty Vegas and unanimously carried. There was no old business. OLD BUSINESS There was no new business. NEW BUSINESS With no further business to discuss, the board unanimously adjourned the meeting on a motion of Lula Auenson and seconded by Bobby Eymard. /s/ronald Callais, President /s/windell A. Curole, Executive Secretary