OFFICIAL MINUTES OF THE CITY COUNCIL CITY OF THIBODAUX CITY HALL THIBODAUX, LOUISIANA NOVEMBER 20, 2012

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OFFICIAL MINUTES OF THE CITY COUNCIL CITY OF THIBODAUX CITY HALL THIBODAUX, LOUISIANA NOVEMBER 20, 2012 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, November 20, 2012 at 5:00 P.M. There were present: Councilmen Hebert, Richard, Badeaux, Mire and Councilwoman Johnson. There were also present: Mayor Tommy Eschete and Beau Brooks. Absent: None The minutes of the November 6, 2012 City Council Meeting were approved as written. Councilwoman Johnson introduced an ordinance to amend and re-enact Section 20-6 of the Thibodaux City Code of Ordinances so as to create Sub-Sections (ii), (jj) and (kk). (Pedestrian Crosswalks-South Thibodaux Elementary School Area) The Public Hearing for this ordinance will be held at the Council Meeting on December 4, 2012. Councilman Hebert introduced an ordinance to approve the final plat for the re-division of property located in the J.B. Levert Commercial Park Subdivision. (Lot 3, Block 3) The Public Hearing for this ordinance will be held at the Council Meeting on Tuesday, December 4, 2012. Councilman Richard introduced an ordinance to authorize the Mayor to execute Supplemental Agreement No. 1 to the Entity/State Agreement with the Louisiana Department of Transportation and Development (Thibodaux Downtown Parking Study) The Public Hearing for this ordinance will be held at the Council Meeting on Tuesday, December 4, 2012. Councilwoman Johnson introduced an ordinance to authorize the Mayor to execute a supplemental agreement to the Entity/State Agreement with the Louisiana Department of Transportation and Development (Thibodaux Municipal Airport Lighting Improvement Project) The Public Hearing for this ordinance will be held at the Council Meeting on Tuesday, December 4, 2012. The Mayor informed the Council Administrator that due to the City Council s approval of the City s new sewer rates, he is prepared to take the first step in the process to acquire funding for the North Thibodaux Wastewater Treatment Plant Project. He is requesting authorization from the Council to file a preapplication form with the Department of Environmental Quality. The entire process to acquire funding and all necessary permits will take at least 2 years. This is the first step that is necessary to move forward with the project. On motion of Councilman Hebert, seconded by Councilman Richard, the Council voted to adopt a resolution to authorize the Mayor to submit a Pre- Application Form RF-100 to the LA Department of Environmental Quality for funding through the Clean Water Revolving Loan Fund Program for the North 1

Thibodaux Wastewater Treatment Plant Project. Upon roll call the vote was as follows: YEAS: Hebert, Richard, Johnson, Mire NAYS: Badeaux RESOLUTION NO. 1780 BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, the City of Thibodaux is in need of a new 3.3 MGD (average daily flow) secondary wastewater treatment plant, new sewer force main and upgrade to an existing lift station; and WHEREAS, loans and/or grants for this project may be available through the State Revolving Fund loan program operated by the Louisiana Department of Environmental Quality. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux that: Section 1. Mayor Tommy Eschete is hereby authorized to submit a Pre- Application and accompanying documents to the Department of Environmental Quality on behalf of the City of Thibodaux for the purpose of placing the project on the Project Priority List for funding through the State Revolving Loan Fund Program; and Section 2. Mayor Tommy Eschete is further authorized to furnish such additional information as may reasonably be required in connection with the Application; and Section 3. Mayor Tommy Eschete is hereby designated as the Official Project Representative and is hereby given signature authority for all relative financial documents for the City of Thibodaux for proposed new wastewater treatment plant as a result of the submission of the Pre-Application Form and accompanying documents. Furthermore, Mayor Tommy Eschete, representing the City of Thibodaux, is hereby given the power and authority to implement, maintain, amend, and renew such documents relative to any such project. The above resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Hebert, Richard, Johnson, Mire NAYS: Badeaux ABSTAIN: None 2012. And the resolution was declared adopted this the 20th day of November /s/ Jennifer Morvant /s/ Chad J. Mire The City executed a retainer contract with Digital Engineering through the LA Department of Transportation and Development for engineering services for the Downtown Parking Study. Due to an increase in DOTD funding for this project, it is necessary to supplement the original agreement with the firm in order to reflect the new total estimated project cost of $47,863.00. 2

On motion of Councilman Richard, seconded by Councilman Hebert, the Council voted on a resolution to authorize the Mayor to sign Supplement No. 1 to the Retainer Contract with Digital Engineering & Imaging, Inc. for a Traffic Engineering Study. (Downtown Traffic Study) Upon roll call the vote was as follows: RESOLUTION NO.1781 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN SUPPLEMENT NO. 1 TO THE RETAINER CONTRACT WITH DIGITAL ENGINEERING & IMAGING, INC. FOR TRAFFIC ENGINEERING STUDY (DOWNTOWN TRAFFIC STUDY) BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that; WHEREAS, the City has received funding through the Louisiana Local Road Safety Program in coordination with LA DOTD; and WHEREAS, DOTD has acquired the services of Digital Engineering & Imaging, Inc. to perform the engineering services for the City of Thibodaux in conjunction with Contract No. 4400001357 which consists of a parking and traffic study to be conducted in the downtown area; and WHEREAS, due to an increase in funding for this project it is necessary to execute supplement no. 1 to the retainer contract with the said engineering firm for the services to be rendered in conjunction with this project in an amount not to exceed $47,863.00. NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute supplement no. 1 to the retainer contract with Digital Engineering & Imaging, Inc. through the State of Louisiana Department of Transportation and Development for the aforementioned project. 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 follows: ABSTAIN: None 2012. And the above resolution was declared adopted this 20th day of November /s/ Jennifer Morvant /s/ Chad J. Mire The Finance Department forwarded to the Council Administrator a list of property that is no longer needed by the City. There are two separate lists of surplus property, one that lists items that still have some value and will be sold at a public auction. The other contains items that are broken or considered having no value that will be discarded upon being declared surplus. 3

On motion of Councilman Hebert, seconded by Councilwoman Johnson, the Council voted on a resolution declaring certain City property as surplus and subject to public sale or discard as applicable. Upon roll call the vote was as follows: RESOLUTION NO. 1782 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 follows: ABSTAIN: None And the above resolution was declared adopted this 20th day of November 2012. /s/ Jennifer Morvant /s/ Chad J. Mire 4

SURPLUS SALE 2012 No. 3 Tag Yr. Pur. No. Description Pur. Amount Condition Dept. N/A Dell keyboard Unk Fair N/A Dell keyboard Unk Fair N/A AOpen keyboard Unk Fair N/A Pictures 3 beach series Unk Fair N/A Webster 1981 Dictionary Unk Fair 0018 Heater 1985 $ 20.99 Fair 112 0094 Camera, Polaroid 1984 $ 49.95 Poor 112 3096 TTD machine 1992 $ 246.00 Fair 3646 Camcorder 1995 $ 479.00 Poor 4166 Printer, HP 2840 Color LaserJet 1998 $ 650.00 Poor 106 4627 Dodge 1500 Pickup S/N 1B7HC16X1X5214062 1999 $ 11,943.00 Broken 153 4907 Chipper, Vermeer Model BC1230A S/N 1VRN79X1002894 1999 $ 19,927.52 Fair 144 5024 1997 Chevy Van S/N CPL3292236402 2000 $ 2,500.00 Poor 5511 Monitor 2001 $ 215.00 Fair 112 5782 Monitor 2002 $ 175.00 Fair 101 6480 Computer 2003 $ 1,439.00 Fair 101 6616 Monitor 2004 $ 139.00 Fair 6798 2005 Ford Crown Vic S/N 2FAFP71W45X106368 2004 $ 20,442.00 Poor 6850 2005 Chevy Malibu S/N 1G1ZT52865F232307 2005 $ 13,614.13 Poor 6984 Printer 2005 $ 78.53 Fair 6997 Answering machine 2005 $ 24.99 Fair 7100 2002 Chevy Malibu S/N 1G1ND52J52M562204 2006 $ 6,000.00 Poor 7407 2007 Chevy Malibu S/N 1G1ZS58F27F212387 2007 $ 14,210.00 Poor 5

SURPLUS DISCARD 2012 No. 3 Tag Yr. Purchase No. Description Pur. Amount Condition Dept. 1093 Calculator, Olympia 1985 $ 167.21 Broken 2127 Radio 1980 $ 610.00 Broken 2366 Telephone 1985 $ 129.00 Missing 2488 Chair, brown 1963 $ 30.00 Broken Unk 2653 Refrigerator 1988 $ 149.09 Broken 2732 Radio, portable 1989 $ 505.00 Broken 106 2733 Radio, portable 1989 $ 505.00 Broken 106 2936 Water cooler 1991 $ 329.84 Broken 3182 Scanning wand 1993 $ 159.00 Broken 109 3215 Chair 1993 $ 215.47 Broken 3537 Gas mask 1994 $ 196.99 Missing 302 3561 Microphone w/case 1995 $ 154.00 Missing 3568 Tool box 1995 $ 69.83 Broken 201 3930 Grease gun 1997 $ 599.95 Broken 4015 Card, emulation 1997 $ 281.15 Broken 102 4146 Card, emulation 1998 $ 280.00 Broken 102 4168 Printer 1998 $ 225.00 Lost 4251 Drill 1998 $ 54.00 Lost 4360 Typewriter 1998 $ 300.00 Broken 4606 Risograph Duplicator 1998 $ 6,360.00 Broken 4613 Water cooler 1999 $ 245.00 Broken 4842 Pump 1999 $ 200.00 Broken 203 4843 Pump 1999 $ 200.00 Broken 203 4844 Pump 1999 $ 200.00 Broken 203 4845 Pump 1999 $ 200.00 Broken 203 4846 Pump 1999 $ 200.00 Broken 203 5024 Transcriber 1999 $ 876.00 Broken 6

5267 Table/chair set 2000 $ 238.40 Missing 3 5289 Copier/scanner 2000 $13,680.00 Broken 152 5315 Lifeguard chair w/umbrella 2000 $ 599.99 Missing 3 5316 Lifeguard chair w/umbrella 2000 $ 599.99 Missing 3 5410 Crown Vic used as parts 2001 $20,653.80 Stripped 5414 Telephone 2001 $ 664.37 Missing 5541 Infrared gun 2001 $ 169.00 Broken 5548 Pump 2001 $ 385.50 Broken 5644 Typewriter 2001 $ 549.99 Broken 108 6118 Crown Vic used as parts 2003 $19,838.00 Stripped 6314 Tool box 2003 $ 156.00 Broken 201 6379 Burnisher 2003 $ 2,289.50 Broken 152 6394 Shredder 2003 $ 185.16 Broken 110 6466 Computer 2003 $ 1,453.00 Broken 153 6479 Monitor, 19 2003 $ 219.00 Broken 153 6480 Computer 2003 $ 1,439.00 Broken 101 6639 Recorder/VCR 2004 $ 274.67 Missing 6675 Headset 2004 $ 307.50 Broken 102 6710 Laminator system 2004 $ 149.90 Broken 6729 Chainsaw 2004 $ 1.00 Broken 6740 Vacuum 2004 $ 98.88 Broken 153 6783 Computer 2004 $ 2,279.00 Broken 110 6935 Monitor, 17 2005 $ 248.67 Broken 101 6954 Computer 2005 $ 977.44 Broken 102 6967 Computer 2005 $ 1,081.24 Broken 403 6969 Tabletop lectern 2005 $ 109.95 Missing 3 6988 Computer 2005 $ 785.09 Broken 7172 Printer 2006 $ 640.00 Broken 106 7363 Computer 2007 $ 921.91 Broken 102 7392 Computer 2007 $ 1,037.17 Broken 303 7479 Computer 2007 $ 999.00 Broken 101 7

7684-A Monitor 2008 $ 1.00 Broken 7768 Computer 2008 $ 1,228.47 Broken 202 8121 Stereo 2009 $ 144.00 Broken 8123 DVD player 2009 $ 69.88 Missing 3 8167 Monitor/keyboard 2009 $ 159.30 Broken 8242 Shredder 2009 $ 149.99 Broken 110 8291 Vacuum, wet/dry 2009 $ 530.19 Broken 152 8315 Time clock 2009 $ 319.99 Broken 201 8760 Respirator 2011 $ 8.35 Broken 8761 Respirator 2011 $ 8.35 Broken 8762 Respirator 2011 $ 8.35 Broken 8778 Respirator 2011 $ 8.35 Broken 8784 Respirator 2011 $ 104.35 Broken 203 8785 Respirator 2011 $ 8.35 Broken 203 The Mayor s Office has received Change Order No. 3 for the Thibodaux East Sector Water Distribution System Upgrade Project from Al Badeaux Engineers. This change order is being proposed in order to add additional line item prices for additional materials required to complete the project once underground conditions were revealed. The change order also adds an additional 46 days to the contract time due to weather delays; additional work required and schedule changes. Al Badeaux addressed the Council and answered questions. On motion of Councilman Hebert, seconded by Councilman Richard, the Council voted on a resolution to authorize the Mayor to sign Change Order No. 3 with Digco Utility Construction for the Thibodaux East Sector Water Distribution System Upgrade. Upon roll call the vote was as follows: RESOLUTION NO. 1783 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER NO. 3 WITH DIGCO UTILITY CONSTRUCTION FOR THE THIBODAUX EAST SECTOR WATER DISTRIBUTION SYSTEM UPGRADE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, the City entered into a contract with Digco Utility Construction, LP 8

for the Thibodaux East Sector Water Distribution System Upgrade; and WHEREAS, due to underground conditions revealed during construction additional unit price items were added to the contract by authorized Field Orders; and WHEREAS, change order no. 3 has been prepared in order to add ten (10) additional line item unit prices as required and extend the contract time by 46 days due to weather delays, additional work and schedule adjustments. NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 3 with Digco Utility Construction, LP in accordance with the Engineers recommendation mentioned above. BE IT FURTHER RESOLVED that a copy of the said change order 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 follows: And the above resolution was declared adopted this 20th day of November 2012. /s/ Jennifer Morvant /s/ Chad J. Mire Mr. Al Badeaux, with Badeaux Engineers, advised the Council Administrator that the Thibodaux East Sector Water Distribution System Upgrade Project is substantially complete in accordance with all contract documents and specifications. On motion of Councilman Richard, seconded by Councilwoman Johnson, the Council voted on a resolution of substantial completion for the Thibodaux East Sector Water Distribution System Upgrade. Upon roll call the vote was as follows: RESOLUTION NO. 1784 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 Digco Utility Construction, LP dated February 2, 2010 for the Thibodaux East Sector Water Distribution System Upgrade Project; and WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on October 10, 2012; 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 9

a punch list. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on November 20, 2012 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 Badeaux Engineers, PO Box 1056, Thibodaux, LA 70302, and to Digco Utility Construction, LP, 200 Ida Road, Broussard, LA 70518. The above resolution having been submitted to a vote, the vote thereon was as follows: ABSTAIN: None And the above resolution was declared adopted this 20th day of November 2012. /s/ Jennifer Morvant /s/ Chad J. Mire The Mayor and City Council s Office received several phone calls from representatives of the proposed Dollar General Store on Talbot Avenue following the denial of the re-zoning request and reclassification of general merchandise and variety store. The developers were given the wrong City Council public hearing date and therefore were not present at the hearing. They have submitted a letter addressing the concerns of the residents in this area and would like the opportunity to speak. A discussion was held concerning the re-zoning request for the property located north of Talbot Avenue. (Dollar General Store) Representatives as well as citizens addressed the Council with opinions on this matter. The Council decided to send the request back to the Planning and Zoning Commission to clarify the definition of grocery store and general merchandise store. A condemnation status hearing was held for the following properties: A. 201 and 215 Sanders Street- The Building Inspector informed the Council that the property had been secured therefore no further action was required from the Council at this time. B. 210 Sanders Street- Councilwoman Johnson requested additional time for the owner of the property to complete the work required. On motion of Councilwoman Johnson, seconded by Councilman Richard, the Council adopted a motion giving the property owner an additional 30 days to allow them time to complete the work required. Upon roll call the vote was as follows: 10

C. 1121 Louise Street- The Building Inspector informed the Council that improvements had been made. He will follow up on the remaining issues and report back to the Council. The City executed a Cooperative Endeavor Agreement with the Louisiana Office of Facility Planning and Control for the Widening of LA 20 (North Canal Boulevard) Project. The City was informed that the State Bond Commission has amended the budget for this project to reflect the movement of a $540,000.00 noncash line of credit to a cash line of credit. On motion of Councilman Badeaux, seconded by Councilwoman Johnson, the Council voted to authorize the Mayor to sign an amendment of agreement with the State of Louisiana Office of Facility Planning and Control. (LA Hwy 20 Widening Project) Upon roll call the vote was as follows: ORDINANCE NO. 2654 AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT OF AGREEMENT WITH THE STATE OF LOUISIANA OFFICE OF FACILITY PLANNING AND CONTROL (LA HWY 20 WIDENING PROJECT) BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, the DOTD and the City entered into an agreement on May 3, 2011 for financial assistance for the LA Hwy. 20 (North Canal Boulevard) widening project; and WHEREAS, it is necessary to amend the Agreement to amend the budget in order to reflect the movement of a $540,000.00 non-cash line of credit to a cash line of credit at the July 2012 Bond Commission meeting; and WHEREAS, it is necessary to execute the agreement amendment with the State of Louisiana Office of Facility Planning and Control for the funding mentioned hereinbefore. NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor be and is hereby authorized to execute the Agreement Amendment with the State of Louisiana Office of Facility Planning and Control in order to include the corrected budget for the LA Hwy 20 Widening Project. BE IT FURTHER ORDAINED that a copy of the said amendment 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 follows: ABSTAIN: None And the above ordinance was declared adopted this 20th day of November 2012. /s/ Jennifer Morvant /s/ Chad J. Mire 11

The Grants Director informed the Council Administrator that the City is in the position to receive funds in an amount not to exceed $56,560.00 through DOTD from the Transportation Trust Fund for airfield lighting improvements at the Thibodaux Municipal Airport. On motion of Councilman Richard, seconded by Councilman Hebert, the Council voted on an ordinance to authorize the Mayor to execute an amendment of agreement with the Louisiana Department of Transportation and Development. (Thibodaux Municipal Airport Airfield Lighting Improvements) Upon roll call the vote was as follows: ORDINANCE NO. 2655 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (THIBODAUX MUNICIPAL AIRPORT AIRFIELD LIGHTING IMPROVEMENTS) BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that: 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 for the purchase and installation of airport runway lighting improvements; and WHEREAS, the LA DOTD is agreeable to the implementation of this project and desires to cooperate with the City Council of 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 $56,560.00 of the actual purchase and installation of an airport runway lighting improvements for the Thibodaux Municipal Airport. 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.010221, more fully identified in the agreement attached hereto. The above ordinance having been submitted to a vote, the vote thereon was as follows: 2012. And the above ordinance was declared adopted this 20th day of November /s/ Jennifer Morvant /s/ Chad J. Mire 12

Mayor s Report 1) General Information Byron Landry updated the Council on the 2013 renewal of the City s health insurance. The Mayor informed the Council that Thibodauxville had a successful year. 2) Project Status Updates None 3) Department Directors Updates - None There being no further business the meeting was adjourned. 13

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