OFFICIAL MINUTES OF THE CITY COUNCIL CITY OF THIBODAUX CITY HALL THIBODAUX, LOUISIANA DECEMBER 17, 2013

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1 OFFICIAL MINUTES OF THE CITY COUNCIL CITY OF THIBODAUX CITY HALL THIBODAUX, LOUISIANA DECEMBER 17, 2013 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, December 17, 2013 at 5:00 P.M. There were present: Councilmen Richard, Mire, Badeaux and Councilwoman Johnson. There were also present: Mayor Tommy Eschete and Beau Brooks. Absent: Councilman Hebert. The minutes of the December 3, 2013 City Council Meeting were approved as written. The minutes of the December 3, 2013 Budget Hearing were approved as written. The City Council presented the Mayor with an amended budget document for his consideration. In accordance with Article VI, Section 1(H) of the City Charter, the Mayor has returned the budget document with a line-item veto and reason for the veto. The Mayor vetoed the amendment which required the City Marshal to reimburse the City for the total salary and fringe benefits paid to the Chief Deputy City Marshal. In accordance with Article VI, Section I (I), this item is being presented back to the Council for reconsideration. After discussion between the City Marshal and the Council, the Council voted to adopt a motion in order to reconsider the change in the line-item. On motion of Councilman Badeaux, seconded by Councilman Mire, the Council voted on a motion to reflect the change in line-item The City Marshal shall reimburse the City for fifty percent (50%) of his secretary s salary and fringe. Upon roll call the vote was as Councilman Mire introduced an ordinance to amend and re-enact Section 21-1 of the Thibodaux City Code of Ordinances (Utility Collection Procedures). The Public Hearing for the ordinance will be held at the Council Meeting on Tuesday, January 7, The Public Works Director informed the Council Administrator that the City received quotes in order to obtain line item pricing for grass cutting and debris removal services for the City of Thibodaux. The low quote was received from Foret Contracting Group in the line item amounts. On motion of Councilman Mire, seconded by Councilwoman Johnson, the Council voted on a resolution to accept the quote of Foret Contracting Group, LLC 1

2 for grass cutting and debris removal services and authorizing the Mayor to sign a contract therewith. Upon roll call the vote was as RESOLUTION NO A RESOLUTION ACCEPTING THE QUOTE OF FORET CONRACTING GROUP, LLC FOR GRASS CUTTING AND DEBRIS REMOVAL SERVICES AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT THEREWITH BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that; WHEREAS, the City has received quotes for grass cutting and debris removal services; and WHEREAS, the low quote received was from Foret Contracting Group, LLC at the stated unit process as shown in Exhibit A ; and WHEREAS, it is necessary to consider the acceptance of the quote and execute a contract with the said contractor for the services mentioned hereinbefore. NOW, THEREFORE BE IT RESOLVED that the City does hereby accept the quote submitted by Foret Contracting Group, LLC in the unit prices stated hereinbefore. BE IT FURTHER RESOLVED by the City Council that the Mayor be and is hereby authorized to execute a contract with Foret Contracting Group, LLC for the project stated herein. 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 ABSTAIN: None And the above resolution was declared adopted this 17th day of December The Finance Department forwarded a list of property to the Council Administrator which is no longer needed by the City. The Finance Director is requesting that the City Council consider declaring this property surplus. There are two separate lists of surplus property, one that lists the items that still have some value and will be sold at a public auction. The other list contains items that are broken or considered having no value that will be discarded upon being declared surplus. On motion of Councilwoman Johnson, seconded by Councilman Richard, the Council voted on a resolution to declare certain City property as surplus and subject 2

3 to public sale or discard as applicable. Upon roll call the vote was as RESOLUTION NO A RESOLUTION DECLARING CERTAIN CITY PROPERTY SURPLUS BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, it has been decided that certain property owned by the City of Thibodaux is no longer needed for public purposes; and WHEREAS, in accordance with the provisions of Title 33, Section 4712 of the Louisiana Revised Statutes (R.S. 33:4712), the City Council must adopt a resolution declaring the said surplus property surplus; and WHEREAS, this resolution shall be published in accordance with the provisions of the aforementioned statutes in the local journal prior to the sale of the property; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session that the following City property be and is hereby declared surplus in accordance with the State Statutes referred to herein: (See Exhibit A ) The above resolution having been submitted to a vote, the vote thereon was as ABSTAIN: None And the above resolution was declared adopted this 17th day of December SURPLUS SALE 2013 No. 4 Tag No. Description Condition Dept Mirror lens, Tamron 500mm Fair Recorder, tape, Marantz Fair TV/VCR, 19 Emerson Fair 131 SURPLUS DISCARD 2013 No. 5 Tag No. Description Condition Dept. 1341C Chairs, blk plastic (25) MISSING

4 1449 Table, round MISSING Chair MISSING Coffee table MISSING End table MISSING Chair MISSING File cabinet, 5-dwr MISSING File cabinet, 5-dwr MISSING Chair MISSING Refrigerator, Whirlpool MISSING File cabinet, 5-dwr MISSING File cabinet, 4-dwr MISSING Hat rack MISSING Pager, Motorola Minitor II Broken Pager, Motorola Minitor II Broken Metal detector MISSING Refrigerator, small Broken Converter, Tamron Broken Pager, Motorola Minitor II Broken Chair MISSING Pager, Motorola Minitor Ii Broken Pager, Motorola Minitor II Broken Radar, AIS Broken Radar, AIS Broken Centrex record interface Broken Centrex record interface MISSING Camera, Sony Broken Printer, JP 692C Broken Chair MISSING Dry vacuum MISSING Printer MISSING Monitor MISSING Antenna, K-band MISSING Scanner, HP4400C MISSING Radar, Python Broken Camera, digital MISSING Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Eyewitness Video System Broken Printer, HP1300 Broken Computer, AOpen Broken Computer, AOpen Broken Computer, AOpen Broken Freezer, 14.8 cu ft Broken Television, 27 Philips Broken Monitor, 19 flat panel Broken Printer Broken Printer Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken 131 4

5 7603 In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken Printer, photosmart MISSING Fax/Printer, HP Broken Printer MISSING Printer MISSING In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken In-Car Camera Broken Chair, blue Broken Chair, blue Broken Chair, blue Broken Chair, blue Broken Chair, blue Broken Chair, blue MISSING Chair, blue MISSING Chair, blue MISSING Chair, blue MISSING Chair, blue MISSING Chair, blue MISSING Chair, blue MISSING Camera, Canon Powershot Broken Freezer, 19.7 cu ft Broken Shed (for bicycles) Broken Carry cart Broken 110 The Mayor s Office advised the Council Administrator that the Thibodaux Water Treatment Plant Chlorine Building Project is substantially complete in accordance with all contract documents and specifications. 5

6 The substantial completion will commence the 45 day lien period on this contract. On motion of Councilman Richard, seconded by Councilman Mire, the Council voted on a resolution of substantial completion for the chlorine building construction at the Thibodaux Water Treatment Plant. Upon roll call the vote was as RESOLUTION NO BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, the City of Thibodaux entered into a contract with Randy Landry Construction, LLC dated March 1, 2013 for the construction of a Chlorine Containment Building at the Thibodaux Water treatment Plant; and WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on November 21, 2013; and WHEREAS, a final inspection was conducted by representatives of the City and the Project Engineer; and WHEREAS, all work was found to be satisfactory for acceptance with respect to the application for payment by the contractor less and except any items included on a punch list. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on December 17, 2013 that the work under the aforementioned project be and is hereby accepted as substantially complete on the date hereinbefore specified. BE IT FURTHER RESOLVED that the Council Administrator is hereby authorized to file with the Clerk of Court of the Parish of Lafourche, a certified copy of this resolution in order to commence the 45 day lien period. BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Environmental Engineering Services, 610 Belle Terre Boulevard, LaPlace, LA 70068, and to Randy Landry Construction, LLC, 300 Emerald Drive, Thibodaux, LA The above resolution having been submitted to a vote, the vote thereon was as ABSTAIN: None And the above resolution was declared adopted this 17th day of December

7 In order for the City Council to comply with the provisions of Article III, Section 2 (G) of the Thibodaux City Charter, certain determinations must be made and actions taken. In accordance with the provisions of the said section, the Council must elect from its at-large members, a President and Vice-President for the upcoming year. It also mandates that the Council prescribe the meeting dates, time and location of the regular Council meetings for the year to come. The Charter does not specifically require an established voting order for the Council, Section 2(G)(4) states that the Council shall determine its own rules of order relative to conducting official Council business. Although we do utilize the voting board, we need to establish an order should a voice vote be requested. Also, the Council Rules of Order includes a new section pertaining to Councilmember correspondence on official letterhead as requested by Councilman Badeaux. Councilman Badeaux nominated Councilman Mire for President and Councilman Mire nominated Councilman Badeaux for Vice-President. The meetings will be held on the first and third Tuesday of each month at 5:00 PM in the Council Chambers on the second floor of City Hall. Should a voice vote be taken at any time, the voting order will be District A, District B, District C, Vice-President, President. On motion of Councilman Badeaux, seconded by Councilman Richard, the Council voted to adopt a resolution designating the Council President and Vice President, meeting dates, location and time, and rules of order for the City Council for the Year Upon roll call the vote was as YEAS: Richard, Mire, Badeaux NAYS: Johnson RESOLUTION NO BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, in accordance with the provisions of Article III, Section G of the City Charter, the Council must establish its meeting dates, times and location for the year 2014; and WHEREAS, the Council must also establish a voting order and Rules of Order for its meetings for the year 2014; and WHEREAS, the Council must also select a President and Vice-President to serve in that capacity for the year NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Thibodaux does hereby establish that its meetings for the year 2014 will be held on the first and third Tuesday of each month at 5:00 p.m. in Council Chambers on the second floor of City Hall, 310 West 2 nd Street. BE IT FURTHER RESOLVED that the Council will utilize the attached rules of order for its meetings for the year 2014 and should a voice vote be taken at any time, the voting order will be District A, District B, District C, Vice-President, President.

8 BE IT FURTHER RESOLVED that Councilman Mire will serve in the capacity of President of the Council and Councilman Badeaux will serve in the capacity of Vice- President of the Council for the year The above resolution having been submitted to a vote, the vote thereon was as YEAS: Richard, Mire, Badeaux NAYS: Johnson And the above resolution was declared adopted this 17th day of December The Finance Director informed the Council Administrator that it is time to present the Council with the year-end supplemental appropriation to the 2013 Budget. The proposed adjustments to the budget will accommodate transfers of funds within a department by reducing or increasing appropriations in individual lineitems, and also transferring appropriations for projects budgeted in 2013 that will be done in All of these adjustments are required in order to comply with State law which requires that our budget, after all adjustments, be within five (5%) percent of the actual activity after being audited. On motion of Councilman Mire, seconded by Councilwoman Johnson, the Council voted on an ordinance to amend Ordinance No Appropriation Ordinance for the Year 2013 (Supplemental Appropriation). Upon roll call the vote was as ORDINANCE NO AN ORDINANCE TO AMEND ORDINANCE NO APPROPRIATION ORDINANCE FOR THE YEAR 2013 (SUPPLEMENTAL APPROPRIATION) BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, Article VI, Section 1 of the Thibodaux City Charter indicates that the appropriation ordinance shall contain appropriations of the expenditures for each City Department; and WHEREAS, Ordinance No adopted by the City Council on December 4, 2012 approved appropriations for the 2013 Budget by line item; and WHEREAS, Article VI, Section 2 of the Thibodaux City Charter reads in part, "If during the fiscal year the Mayor certifies that there are available for appropriation, revenues in excess of those estimated in the budget, the Mayor may present a supplemental appropriation ordinance for the disposition of such revenues; and the Council may adopt it." NOW, THEREFORE BE IT ORDAINED, that in accordance with Article VI, Section 2 of the Thibodaux City Charter, that the following items as indicated are amended in accordance with the recommendations of the Mayor:

9 (Exhibit "A") The above ordinance having been submitted to a vote, the vote thereon was as And the above ordinance was declared adopted this 17th day of December The Mayor s Office informed the Council Administrator that the City would like to continue to participate with the Lafourche Parish Sheriff s Office in the operation of a Children s Advocacy Center to be utilized by the Thibodaux Police Department for investigative services for victims of child abuse or neglect. The term of the proposed agreement is for the Year The agreement stipulates that the Sheriff s Office will hire the personnel necessary to operate to Children s Advocacy Center, and the City will provide $10, to offset the costs incurred by the Sheriff for this service. On motion of Councilman Richard, seconded by Councilman Mire, the Council voted on an ordinance to execute a cooperative endeavor agreement with the Lafourche Parish Sheriff s Office (Children s Advocacy Center). Upon roll call the vote was as YEAS: Richard, Johnson, Mire NAYS: Badeaux ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE ENDEAVOR AGREEMENT WITH THE LAFOURCHE PARISH SHERIFF S OFFICE BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, the City has an obligation to provide protection and investigative services for the child victim of abuse or neglect; and WHEREAS, in order to lessen the duplication of services the Lafourche Parish Sheriff s Office will provide funding to hire the personnel necessary to operate a Children s Advocacy Center to be utilized by the Thibodaux Police Department; and WHEREAS, the City will provide funding an amount not to exceed $10,000 payable on or before January 31, 2014 to offset the costs incurred by the Sheriff s Office; and WHEREAS, in order for the City to provide the said funding, it is necessary to execute a cooperative endeavor agreement outlining the benefits to be received by the City of Thibodaux in exchange for the said funding; and WHEREAS, in order for the City to execute this proposed agreement it is necessary for the Council to authorize the Mayor to execute the said cooperative

10 endeavor agreement. NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor is hereby authorized to execute a Cooperative Endeavor Agreement with the Lafourche Parish Sheriff s Office for the purposes, and under the conditions mentioned hereinabove. 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 YEAS: Richard, Johnson, Mire NAYS: Badeaux And the above ordinance was declared adopted this 17th day of December The Mayor s Office informed the Council Administrator that the Police Department wishes to enter into a cooperative endeavor agreement with the Lafourche Parish Sheriff s Office, the Lockport Police Department and the 17 th Judicial District Attorney in order to form a multi-jurisdictional drug enforcement task force. The agreement will allow the agencies to apply for federal anti-drug abuse monies. The agreement stipulates that the Lafourche Parish Sheriff s Office will accept responsibility for project administrative and financial matters and will notify each participating agency when the grant award has been received. On motion of Councilman Mire, seconded by Councilwoman Johnson, the Council voted on an ordinance to authorize the Mayor to execute a cooperative endeavor agreement with the Lafourche Parish Sheriff s Office, Lockport Police Department and 17 th Judicial District Attorney (Drug Enforcement Task Force). Upon roll call the vote was as ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE ENDEAVOR AGREEMENT WITH THE LAFOURCHE PARISH SHERIFF S OFFICE, LOCKPORT POLICE DEPARTMENT AND 17 TH JUDICIAL DISTRICT ATTORNEY BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, the Thibodaux Police Department wishes to cooperate with the Lafourche Parish Sheriff s Office, the Lockport Police Department, and the 17 th Judicial District Attorney s Office for the purpose of administering a multijurisdictional drug enforcement task force; and

11 WHEREAS, in order for the aforesaid agencies to apply for federal anti-drug monies it is necessary to have a written agreement between the agencies forming the multi-jurisdictional drug enforcement task force; and WHEREAS, the provisions of this Agreement shall be effective on July 1, 2013 when signed by all parties and terminate on June 30, 2014 plus a period of ninetydays in order to conclude administrative reporting requirements; and WHEREAS, in order to establish the multi-jurisdictional drug enforcement task force and the responsibilities of all parties it is necessary to execute a Cooperative Endeavor Agreement with the Lafourche Parish Sheriff s Office, Lockport Police Department and the 17 th Judicial District Attorney outlining the terms and purpose of the cooperative effort between the public agencies; and WHEREAS, in order for the City to execute this proposed agreement it is necessary for the Council to authorize the Mayor to execute the said agreement. NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor is hereby authorized to execute a Cooperative Endeavor Agreement with the Lafourche Parish Sheriff s Office, Lockport Police Department and 17 th Judicial District Attorney under the conditions mentioned hereinabove. 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 And the above ordinance was declared adopted this 17th day of December The Planning and Zoning Commission approved the submission of a request by T. Baker Smith on behalf of Thibodaux Regional Medical Center to re-zone property located on North Acadia Road known as Tract E of Phase One, Village One, Project B of Acadia Plantation. This property was recently annexed into the City limits, and was zoned R-1 in accordance with our Zoning regulations for annexed property. The hospital has now made a request to Planning & Zoning to re-zone this property as C-2, which is the zoning designation for the property adjacent to the annexed area. On motion of Councilman Richard, seconded by Councilman Mire, the Council voted on an ordinance to amend Article I, Section 101 of the Thibodaux Zoning Ordinance to change the zoning classification on the official zoning map for a tract of property from an R-1 District to a C-2 District (Acadia Plantation-Thibodaux Regional Medical Center). Upon roll call the vote was as

12 ORDINANCE NO AN ORDINANCE TO AMEND ARTICLE I, SECTION 101 OF THIBODAUX ZONING ORDINANCE TO CHANGE THE ZONING CLASSIFICATION ON THE OFFICIAL ZONING MAP FOR A TRACT OF PROPERTY FROM AN R-1 DISTRICT TO A C-2 DISTRICT (ACADIA PLANTATION-THIBODAUX REGIONAL MEDICAL CENTER) BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, in accordance with the provisions of Article I of the Thibodaux Zoning Ordinance, a tract of property located on North Acadia Road known as Tract E of Phase One, Village One, Project B on Acadia Plantation was recently annexed into the City limits and zoned R-1; and WHEREAS, the property owners have requested that the zoning for this tract of property be changed from an R-1 district to a C-2 district; and WHEREAS, a request for the said zoning change of the property was duly referred to the Thibodaux Planning and Zoning Commission, which, after all legal requirements, including public hearings, has recommended favorable consideration of the request. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that the aforesaid tract of property located on North Acadia Road is hereby officially changed from the zoning classification of R-1 to that of C-2. BE IT FURTHER ORDAINED that the Official Zoning Map of the City of Thibodaux is hereby amended so as to reflect the changes in zoning designations as set forth herein. BE IT FURTHER ORDAINED that a plat illustrating the area to be re-zoned to C-2 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 And the above ordinance was declared adopted this 17th day of December Mayor s Report 1) General Information Update on recycling schedule change. 2) Project Status Updates Canal Street Pedestrian Bridge Update. 3) Department Directors Updates None. There being no further business the meeting was adjourned.

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