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OFFICIAL MINUTES OF THE CITY
COUNCIL
CITY OF
THIBODAUX
CITY
HALL
THIBODAUX,
LOUISIANA
MARCH
16, 2004
The City Council of the City of Thibodaux assembled in regular
session at its regular meeting place, City Hall, 310 West 2nd
Street, Thibodaux, Louisiana, on Tuesday, March 16, 2004 at 5:00
o’clock P.M.
There were present: Councilmen
Swanner, Gene Richard, Winston, Dee Richard and Mire.
There were also present: Mayor
Charles Caillouet and Ms. Germaine Jackson, City Attorney.
The minutes of the March 2, 2004 Council meeting were approved as
written.
On motion of Councilman Dee Richard, seconded by Councilman
Swanner, the Council voted to adopt a motion to change the date of the
first meeting in April to Monday, April 5, 2004 at 10:00 AM in order to
accommodate the Mayor for a Day Program.
Upon roll call the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
The Administration has informed the Council Administrator that
the City is preparing to relocate two sewer lines in the City due to the
fact that the existing lines are located on private property. In order to relocate these lines, the City must acquire
servitudes for the construction and maintenance of the new lines.
One line is located off Bayou Lane near Belle Meade Subdivision,
and the second line is located off Rubaiyat Drive on the west side of
the City.
Councilman Gene Richard introduced an ordinance authorizing the
Mayor to sign a dedication of sewer Right of Way Agreement from Kathryn
and Troy Benoit for the relocation of an existing sewer line.
The public hearing on this ordinance will be held at the April 5,
2004 City Council meeting.
Councilman Winston introduced an ordinance authorizing the Mayor
to sign a dedication of sewer Right of Way Agreement from Curtis hue and
others for the relocation of an existing sewer line.
The public hearing on this ordinance will be held at the April 5,
2004 City Council meeting.
Councilman Swanner introduced an ordinance authorizing the Mayor
to sign a sewer Right of Way Agreement from Sylvia Rogers for the
relocation of an existing sewer line.
The public hearing on this ordinance will be held at the April 5,
2004 City Council meeting.
Councilman Winston introduced an ordinance authorizing the Mayor
to sign a sewer Right of Way Agreement from Carl Heck, Jr. and Amelia
Heck for the relocation of an existing sewer line.
The public hearing on this ordinance will be held at the April 5,
2004 City Council meeting.
The Administration has informed the Council Administrator that in
conjunction with the FEMA Bayou Lafourche Outfall Project the City will
relocate three flood control gates along Bayou Lafourche.
These gates will be located on private property.
The City has reached agreements on servitudes from two of the
property owners. Negotiations
are ongoing with the third owner, and this issue will be presented to
the Council at a meeting in the near future.
In order to construct these floodgates, the City must acquire
servitudes for the construction and maintenance of the gates.
Councilman Gene Richard introduced an ordinance authorizing the
Mayor to sign a dedication of Right of Way Agreement from Brian Caldwell
and others for the Outfall Control Gates Project at the Coulon Site.
The public hearing on this ordinance will be held at the April 5,
2004 City Council meeting.
Councilman Swanner introduced an ordinance authorizing the Mayor
to sign a dedication of Right of Way Agreement from the Diocese of
Houma-Thibodaux for the Outfall Control Gates Project at the Peltier
Lawless Site. The public hearing on this ordinance will be held at the
April 5, 2004 City Council meeting.
Annually, the Louisiana State Legislative Auditor requires that
the City complete a Louisiana Compliance questionnaire.
The questionnaire is completed by the Finance Director and her
staff, and then submitted to our auditors for review before final
submission to the Legislative Auditor’s Office.
On motion of Councilman Gene Richard, seconded by Councilman
Swanner, the Council voted to adopt a resolution accepting the Louisiana
Compliance Questionnaire for the 2003 Audit.
Upon roll call the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
RESOLUTION
NO. 1011
BE
IT RESOLVED by the
City Council of the City of Thibodaux in regular session assembled that:
WHEREAS,
the Office of the Legislative Auditor of the State of Louisiana has
presented to the City Administration a Systems Survey and Compliance
Questionnaire to be completed by officials of the City of Thibodaux; and
WHEREAS,
it is required by that office that the questionnaire be presented and
adopted by the governing authority of the City of Thibodaux by means of
adoption of a resolution; and
WHEREAS,
the Administration has assured the City Council that the Systems Survey
and Compliance Questionnaire has been completed in accordance with
applicable law and that all the answers are true and correct to the best
of their knowledge.
NOW,
THEREFORE BE IT RESOLVED
by the City Council of the City of Thibodaux that the Systems Survey and
Compliance Questionnaire attached hereto as Exhibit "A" is
hereby approved and adopted as the systems Survey and Compliance
Questionnaire of the City of Thibodaux for the year 2003.
The above resolution having been submitted to a vote, the vote thereon
was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire
NAYS: None
ABSTAIN: None
ABSENT: None
And the above resolution was declared adopted this 16th day of March
2004.
/s/Tommy
Eschete
/s/Chad J. Mire
Tommy
Eschete, Council Adm.
Chad J. Mire, President
The Project Engineer has advised the Council Administrator
that it is necessary for the City Council to consider the adoption of a
resolution approving Change Order No. 1 for the FEMA Rienzi Area
Drainage Improvement Project. This
change order is needed to adjust contract quantities as a result of the
actual work performed on the project.
The proposed change order will increase the contract price by
$23,785.00 thereby making the final contract price $370,404.00.
On motion of Councilman Dee Richard, seconded by Councilman Gene
Richard, the Council voted to adopt a resolution approving Change Order
No. 1 for the FEMA Rienzi Area Drainage Improvement Project.
Upon roll call the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
RESOLUTION NO. 1012
A
RESOLUTION AUTHORIZING THE MAYOR TO SIGN
CHANGE
ORDER #1 WITH SEALEVEL CONSTRUCTION
FOR THE
FEMA RIENZI AREA DRAINAGE IMPROVEMENT PROJECT
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 Sealevel
Construction, Inc. for the FEMA Rienzi Area Drainage Improvement
Project; and
WHEREAS, due to the reconciliation of all contract
quantities which includes concrete removal and replacement quantity
adjustments, the execution of a change order is required; and
WHEREAS, the proposed change order increases the contract
price in the amount of $23,785.00
over the original contract bid for a final contract price of
$370,404.00.
NOW, THEREFORE BE IT RESOLVED by the City Council that the
Mayor be and is hereby authorized to execute Change Order No. 1 with
Sealevel Construction, Inc. in the amount 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:
YEAS: Councilmen
Swanner, G. Richard, Winston, D. Richard and Mire
NAYS: None
ABSTAIN: None
ABSENT: None
And the above resolution was declared adopted this 16th day of
March 2004.
/s/Tommy Eschete
/s/Chad J. Mire
Tommy Eschete,
Council Adm.
Chad J. Mire, President
The Project Engineer has advised the Council Administrator that
it is necessary for the City Council to consider the adoption of a
resolution approving Change Order No. 1 for the South Thibodaux Gas Line
Renovation Project. This
Change Order is being proposed to adjust contract quantities as a result
of the City accepting Alternate No. 1 for this project. This alternate provides for the replacement of the gas
distribution system on the campus of Nicholls State University.
The proposed change order will increase the contract price by
$269,423.94 thereby making the final contract price $1,236,597.44.
On motion of Councilman Gene Richard, seconded by Councilman Dee
Richard, the Council voted to adopt a resolution approving Change Order
No. 1 for the South Thibodaux Gas Line Improvement Project.
Upon roll call the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
RESOLUTION NO. 1013
A RESOLUTION ACCEPTING
ALTERNATE NO. 1 FROM VALENTINE & LEBLANC FOR THE SOUTH THIBODAUX GAS
LINE RENOVATION PROJECT AND AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER
NO.1 IN CONJUNCTION THEREWITH (NSU GAS DISTRIBUTION SYSTEM)
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 Valentine
& LeBlanc, Inc. for the South Thibodaux Gas Line Renovation Project;
and
WHEREAS, due to the fact that the City wishes to accept
Alternate No. 1 for this project, contract quantities and pricing will
be altered; and
WHEREAS, in order to proceed with the additional work
provided under Alternate No. 1, the execution of a change order is
required; and
WHEREAS, the proposed change order required to accommodate
Alternate No. 1 increases the contract price in the amount of
$269,423.94 over the original contract bid for an adjusted
contract price of $1,236,597.44.
NOW, THEREFORE BE IT RESOLVED by the City Council that the
Mayor be and is hereby authorized to execute Change Order No. 1 with
Valentine & LeBlanc, Inc. in the amount 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:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSTAIN: None
ABSENT: None
And the above resolution was declared adopted this 16th day of
March 2004.
/s/Tommy Eschete
/s/Chad J. Mire
Tommy Eschete,
Council Adm.
Chad J. Mire, President
The City has received bids for the Thibodaux Municipal Water
Plant No. 2 Renovation Project as designed by Badeaux Engineers.
The lowest responsible base bid and alternate bids were received
from Volute, Inc. in the amount of $1,268,000.00.
The project engineer is recommending that the City accept the low
bid and alternates proposed.
Councilman Dee Richard asked the project engineer if plant no. 2
would tie into the reservoir. Mr.
Badeaux stated that plant no. 2 is shut down until the renovations are
complete, and both plant no. 2 & no. 3 will be tied into the
reservoir.
Councilman Mire asked if these renovations would satisfy all EPA
requirements for the plant. Mr.
Badeaux explained the improvements to be included in this project and
they do satisfy the EPA requirements.
Councilman Gene Richard asked how long the renovations would take
and if plant no. 3 needs improvements also.
Mr. Badeaux stated that the project would take 6 months, and
after plant no. 2 is running, we can determine what improvements need to
be made to plant no. 3.
On motion of Councilman Dee Richard, seconded by Councilman
Swanner, the Council voted to adopt a resolution accepting the low bid
of Volute, inc. for renovations to Thibodaux Water Plant No. 2.
Upon roll call the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ASBENT: None
RESOLUTION
NO. 1014
A
RESOLUTION ACCEPTING THE LOW BID OF VOLUTE, INC. FOR THE THIBODAUX WATER
PLANT NO. 2 REHABILITATION AND MODIFICATION PROJECT 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 bids for the improvements to Water Plant No. 2 at the Municipal
Water Treatment Facility; and
WHEREAS, the low base
bid and alternates received was from Volute, Inc. in the amount of
$1,268,000.00; and
WHEREAS, it is
necessary to consider the acceptance of the low bid and alternates and
to execute a contract with the said contractor for the services
mentioned hereinbefore.
NOW, THEREFORE BE IT RESOLVED that the City does hereby
accept the low base bid and Alternates 1, 2 and 3 submitted by Volute,
Inc. in the amount stated hereinbefore.
BE IT FURTHER RESOLVED by
the City Council that the Mayor be and is hereby authorized to execute a
contract with Volute, Inc. for the Thibodaux Water Plant No. 2
Improvement Project.
BE IT FURTHER RESOLVED that in addition to the contract
document itself, the Mayor is also empowered to execute all change
orders relative to the contract after approval by the City Council by
means of an appropriate resolution.
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:
YEAS: Councilmen
Swanner, G. Richard, Winston, D. Richard and Mire
NAYS: None
ABSTAIN: None
ABSENT: None
And the above resolution was declared adopted this 16th day of
March 2004.
/s/Tommy Eschete
/s/Chad J. Mire
Tommy Eschete, Council Adm.
Chad J. Mire, President
The City has received bids for the 2003 CDBG Project as designed
by T. Baker Smith Engineers. This
project proposes to construct street and drainage improvements on North
11th, 12th and 13th Streets.
The lowest responsible base bid was received from Barriere
Construction, LLC in the amount of $189,005.00.
The project engineer is recommending that the City accept the low
bid.
On motion of Councilman Dee Richard, seconded by Councilman Gene
Richard, the Council voted to adopt a resolution accepting the low bid
of Barriere Construction and authorizing the Mayor to execute a contract
for the 2003 CDBG Project. Upon
roll call the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
RESOLUTION
NO. 1015
A
RESOLUTION ACCEPTING THE LOW BID OF BARRIERE
CONSTRUCTION,
LLC FOR THE 2003 CDBG PROJECT 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 bids for the 2003 CDBG Project which will provide street and
drainage improvements to North 11th, 12th and 13th
Streets; and
WHEREAS, the low base
bid received was from Barriere Construction, LLC in the amount of
$189,005.00; and
WHEREAS, it is
necessary to consider the acceptance of the low bid 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 low bid submitted by Barriere Construction, LLC in the amount
stated hereinbefore.
BE IT FURTHER RESOLVED by
the City Council that the Mayor be and is hereby authorized to execute a
contract with Barriere Construction, LLC, for the 2003 CDBG Project.
BE IT FURTHER RESOLVED that in addition to the contract
document itself, the Mayor is also empowered to execute all change
orders relative to the contract after approval by the City Council by
means of an appropriate resolution.
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:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSTAIN: None
ABSENT: None
And the above resolution was declared adopted this 16th day of
March 2004.
/s/Tommy Eschete
/s/Chad J. Mire
Tommy Eschete, Council Adm.
Chad J. Mire, President
It is the intent of the Administration to target the 2004 CDBG
Entitlement Funds for drainage improvements to areas of South Barbier
Avenue and Plantation Road. It
is now necessary for the City to proceed with the application for
assistance from HUD for the 2004 CDBG Project.
The application includes a request for $248,000 in funding for
this project.
On motion of Councilman Dee Richard, seconded by Councilman
Winston, the Council voted to adopt a resolution authorizing the mayor
to submit the Annual Action Plan and grant application for the 2004 CDBG
Project. Upon roll call the
vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
RESOLUTION NO. 1016
BE IT RESOLVED by the City Council of the City of
Thibodaux in regular session assembled, that:
WHEREAS, the City of Thibodaux, Louisiana has received
notice of its 2004 Community Development Block Grant Entitlement
allocation from the Department of Housing and Urban Development; and
WHEREAS, the City of Thibodaux, Louisiana, in order to
receive said funds must submit to the Department of Housing and Urban
Development its application for Federal Assistance and Annual Funding
Plan; and
WHEREAS, the City of Thibodaux, Louisiana has met all the
requirements specified by 24 CFR Part 570, Subpart D - Entitlement
Grants 570-301 and 570-302; and
WHEREAS, no comments were received at two public hearings
held on November 6, 2003 and December 1, 2003 regarding the activities
proposed by the City.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Thibodaux does hereby authorize Charles Caillouet, Mayor, to
proceed with the submission of the Application for Federal Assistance
for $248,000 of Community Block Grant Funds and to sign a grant
agreement and any other related documents with the Department of Housing
and Urban Development for said grant.
The above resolution having been submitted to a vote, the vote
thereon was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
ABSTAINED: None
And the above resolution was declared adopted this 16th day of
March 2004.
/s/Tommy Eschete
/s/Chad J. Mire
Tommy Eschete, Council Adm.
Chad J. Mire, President
The Federal Programs Director has informed the Council
Administrator that the Mayor has requested that Foreman & Associates
prepare a professional services contract that would authorize the
development of a five (5) year consolidated plan for the City’s Office
of Housing and Community Development.
This plan is required for our future participation in the CDBG
Program.
On motion of Councilman Gene Richard, seconded by Councilman Dee
Richard, the Council voted to adopt a resolution authorizing the Mayor
to sign a Professional Services Contract with Foreman and Associates.
Upon roll call the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
RESOLUTION
NO. 1017
A RESOLUTION
AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL SERVICES CONTRACT WITH
FOREMAN & ASSOCIATES FOR THE PREPARATION OF THE 2005
CONSOLIDATED
PLAN AND CONSOLIDATED ACTION PLAN
FOR THE
CITY’S OFFICE OF HOUSING AND COMMUNITY
DEVELOPMENT
(CDBG PROGRAM)
BE IT RESOLVED by the City Council of the
City of Thibodaux in regular session assembled, that;
WHEREAS, the City’s
Office of Housing and Community Development must prepare and submit a
five year Consolidated Plan and a 1 year Action Plan to HUD for the
development and funding of its CDBG Program; and
WHEREAS, the Mayor has
selected Foreman and Associates to prepare and submit the said plans to
HUD for approval; and
WHEREAS, it is
necessary to execute a professional services contract with the said
consulting firm for the services to be rendered in conjunction with
these matters.
NOW, THEREFORE BE IT
RESOLUTION by the City Council that the Mayor be and is hereby
authorized to execute a professional services contract with Foreman and
Associates for the services mentioned hereinabove.
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:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSTAIN: None
ABSENT: None
And the above resolution was declared adopted this 16th day of
March 2004.
/s/Tommy Eschete
/s/Chad J. Mire
Tommy Eschete, Council Adm.
Chad
J. Mire, President
A public hearing was then held on an ordinance authorizing the
Mayor to execute a franchise agreement with Charter Communications. The
proposed franchise agreement calls for a 15-year agreement in an amount
equal to 5% of the annual gross revenues to be paid to the City for
cable services sold in our corporate limits.
The Council Administrator explained that this is a non-exclusive
agreement, and it does not prohibit another cable provider from selling
cable services in the City of Thibodaux.
He also explained that this agreement does not regulate the
amount charged for cable services in the City of Thibodaux.
Ronnie Clement of 100 Belmont stated that the rates charged by
Charter Communications are out of hand.
He feels that the City should do something about the monopoly
Charter has for cable services in the City.
Mr. Karl Adams of Charter Communications stated that a 5%
franchise fee is the highest fee allowed by law, which is what Charter
is proposing to pay the City for cable services sold in the City limits.
Councilman Dee Richard stated that he does not see where the
Council has a choice at this time.
If we don’t vote for this agreement, the residents would not
have any cable services at all.
On motion of Councilman Dee Richard, seconded by Councilman
Winston, the Council voted to adopt an ordinance authorizing the Mayor
to sign a franchise agreement with Charter Communications.
Upon roll call the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
ORDINANCE NO. 2188
AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A FRANCHISE AGREEMENT WITH
CHARTER COMMUNICATIONS
BE IT
ORDAINED by the City
Council of the City of Thibodaux in regular session assembled, that;
WHEREAS,
the City of Thibodaux
has negotiated with charter Communications concerning the execution of a
franchise agreement; and
WHEREAS,
the City has
received a proposal from Charter Communications for this franchise
agreement; and
WHEREAS,
the agreement
is for a fifteen (15) year term with a franchise fee of five percent
(5%) of the annual Gross Revenue.
NOW,
THEREFORE BE IT ORDAINED by the City Council that the Mayor be and is hereby authorized to
execute a franchise agreement with Charter Communications providing for
the terms and conditions Stated 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
follows:
YEAS:
Councilmen Swanner, G. Richard, Winston, D. Richard and Mire
NAYS: None
ABSENT:
None
ABSTAIN:
None
And the
above ordinance was declared adopted this 16th day of March 2004.
/s/Tommy
Eschete
/s/Chad J. Mire
Tommy
Eschete, Council Adm.
Chad J. Mire, President
On motion of Councilman Gene Richard, seconded by Councilman Dee
Richard, the Council voted to add an item to the agenda concerning the
Mount Carmel Subdivision. Upon
roll call the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
Councilman
Gene Richard introduced an ordinance approving the final plat of the
Mount Carmel Subdivision. The
public hearing on this ordinance will be held at the April 5, 2004 City
Council meeting.
On motion of Councilman Winston, seconded by Councilman Mire, the
Council voted to add an item to the agenda concerning a servitude
agreement. Upon roll call
the vote was as follows:
YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and
Mire
NAYS: None
ABSENT: None
Councilman Dee Richard introduced an ordinance authorizing the
Mayor to sign a servitude agreement from Wash & Roll of the South,
LLC for the construction and maintenance of Outfall Control Gates.
The public hearing on this ordinance will be held at the April 5,
2004 City Council meeting.
The Mayor introduced the participants that have served in the
Senior Mayor for a Day program that were present at the meeting.
He thanked them for their time and knowledge that they have
brought to the administration.
There being no further business, the meeting was adjourned.
__________________________
_____________________________
Tommy Eschete,
Council Adm.
Chad J. Mire, president
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Council Minutes
