310 West 2nd Street
P.O. Box 5418
Thibodaux, LA 70302
985-446-7218
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Office: (985) 446-7200
310 West Second St.
P.O. Box 5418
Thibodaux, Louisiana 70302

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City of Thibodaux, LA

           

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
June 1, 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, June 1, 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 May 18, 2004, 2004 Council meeting were approved as written.           

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the Council consider the approval of the final plat for lots 3, 4 & 5 of the J.B. Levert Commercial Park Subdivision located on North Canal Boulevard.  These lots were created so as to accommodate the construction of retail establishments. 

            Councilman Dee Richard introduced an ordinance approving the final plat of lots 3, 4 & 5 of the J.B. Levert Commercial Park Subdivision.  The public hearing on this ordinance will be held at the June 15, 2004 City Council meeting. 

            Due to the expiration of the terms of two members of the Thibodaux Recreation Board, it is necessary for the appointing authorities to consider re-appointing the members or appointing new members to the board.  The two members terms expire on June 17, 2004. 

            Mayor Caillouet re-appointed Mr. Brendan McEntee, and Councilman Chad Mire re-appointed Mr. Michael Gros to a full four-year term on the board. 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving the appointments of Brendan McEntee and Michael Gros to the Thibodaux Recreation Board.  Upon roll call the vote was as follows: 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  1038 

 

            BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: 

            WHEREAS, the Thibodaux Recreation Board is comprised of seven members; five (5) appointed by the City Council members and two (2) appointed by the Mayor; and 

            WHEREAS, the terms of board members Mr. Michael Gros and Mr. Brendan McEntee are set to expire June 17, 2004; and 

WHEREAS, Councilman Chad Mire and Mayor Caillouet have agreed to re-appoint these members to full four (4) year terms on the board in accordance with the provisions of Section 14-3 of the Thibodaux Code of Ordinances. 

            NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux that in accordance with the provisions of section 14-3 of the Thibodaux City Code of Ordinances, the following individuals are hereby re-appointed to serve on the Thibodaux Recreation Board for the term designated: 

 

                                                                                                                           TERM          

APPOINTING AUTHORITY               BOARD MEMBER                   EXPIRES  

Councilman District E                           Michael Gros                              06/17/2008

Mayor                                                              Brendan McEntee                       06/17/2008 

            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
           
ABSTAINED: None
           
ABSENT: None 

            And the above resolution was declared adopted this 1st day of June 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 the FEMA North Thibodaux Outfall Canal Project is substantially complete in accordance with all contract documents and specifications.  It is necessary for the Council to consider the adoption of a resolution of substantial completion in order to commence the 45-day lien period on this contract. 

            On motion of Councilman Dee Richard, seconded by Councilman Swanner, the Council voted to adopt a resolution of Substantial Completion for the FEMA North Thibodaux Outfall Canal 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.  1039 

     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 Civil Construction Contractors, Inc. dated January 28, 2004 for the FEMA North Thibodaux Outfall Canal Project; and    

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on April 27, 2004; 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 June 1, 2004 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 Civil Construction Contractors, Inc., P.O. Box 394, Hahnville, LA 70057, and to David A. Waitz Engineering, P.O. Box 1203, Thibodaux, LA 70302. 

     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

     ABSTAIN: None    

    And the above resolution was declared adopted this 1st day of June 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 is necessary for the Council to consider the approval of Change Order No. 1 for the 2003 CDBG project.  This change order is needed to adjust the contract price as a result of the final reconciliation of contract quantities for the project.  The proposed change order will decrease the contract price by $15,064.55, thereby making the final contract price $173,940.45. 

            On motion of Councilman Swanner, seconded by Councilman Gene Richard, the Council voted to adopt a resolution approving Change Order No. 1 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.  1040 

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH BARRIERE CONSTRUCTION FOR THE 2003 CDBG PROJECT (N. 11th, 12th & 13th STREETS)                        

     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 Barriere Construction Company, LLC for the 2003 CDBG Project; and 

     WHEREAS, due to the reconciliation of all contract quantities which includes asphalt, patching quantity adjustments & drainage culverts, the execution of a change order is required; and 

     WHEREAS, the proposed change order decreases the contract price in the amount of  $15,064.55 under the original contract bid for a final contract price of $173,940.45.           

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Barriere Construction Company, LLC 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 1st day of June 2004. 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                                     Chad J. Mire, President     

            The Project Engineer has informed the Council Administrator that the 2003 CDBG Project (North Thibodaux Road and Drainage Improvements) is substantially complete in accordance with all contract documents and specifications.  It is necessary for the Council to adopt a resolution of substantial completion in order to commence the 45-day lien period on this contract. 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution of substantial completion 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.  1041 

     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 Barriere Construction dated March 31, 2004 for the 2003 CDBG Project; and    

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on May 17, 2004; 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. 

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on June 1, 2004 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 Barriere Construction Co., P.O. Box 2430, New Orleans, LA 70176, and to T. Baker Smith & Son, Inc., P.O. Box 2266, Houma, LA 70361.    

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

     ABSTAIN: None

    

            And the above resolution was declared adopted this 1st day of June 2004. 

/s/Tommy Eschete                                /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President 

            The Mayor and Harry Shields with Entergy Louisiana has requested that the City Council consider the adoption of a resolution supporting federal legislation that will increase funding for the Federal Low Income Home Energy Assistance Program (LIHEAP) and the Federal Weatherization Assistance Program (WAP). 

            The LIHEAP Program provides assistance to low-income families for payment of their energy bills while the WAP Program provides assistance to low-income families for the weatherization of their homes. 

            The proposed legislation would also level the funding for families in the south and west due to the extreme heat in these regions.  Currently most of the funding is allocated to northern regions due to the extreme cold.  These funding levels have not been changed since 1985.  The congressional delegation from Southern and Western States are supporting the legislation, and the resolution urges our Louisiana Congressional Legislation to join in the support. 

            By acclamation, the Council voted to adopt a resolution supporting federal legislation for the regional funding of the LIHEAP and WAP Programs. 

 

RESOLUTION NO.  1042 

BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: 

WHEREAS,     the Low Income Home Energy Assistance Program (LIHEAP) and the Weatherization Assistance Program (WAP) were established by Congress to provide block grants to states that can be used to help low income families meet home energy costs and weatherize their homes to conserve energy and reduce further energy bills; and 

WHEREAS:  while LIHEAP has been re-authorized by Congress at up to $3.4 billion per year, it has rarely been funded at more than $2 billion; and since the program was instituted in 1981, LIHEAP’s inflation-adjusted buying power has sagged to 48 percent of its original size; and 

WHEREAS:  LIHEAP and WAP are today inadequately funded and thus incapable of addressing the growing energy assistance and conservation needs of low income families; and 

WHEREAS:   the formula by which the U.S. Department of Health and Human Services allocates LIHEAP grants to individual states severely discriminates against Louisiana and other southern states by favoring heating needs of people in northern states, ignoring the fact that extreme heat is as detrimental to the health and lives of people as extreme cold; and because the formula is driven by decades-old population, income and energy price data; and 

WHEREAS:   the federal Weatherization Assistance Program must be adequately funded to reduce energy consumption and expenditures of families living in substandard, leaky, inefficient housing by permitting them to insulate their homes…which is critical to dealing with the blight of poverty in Louisiana. 

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Thibodaux urges Louisiana’s entire congressional delegation to advocate and support federal legislation and appropriations bills that: 

Increase national funding for LIHEAP, to at least $3.4 billion annually, beginning in Fiscal Year 2005; 

Increase national funding for WAP to at least $2.90 billion annually, beginning Fiscal Year 2005; 

Provide for advance funding of both LIHEAP and WAP, so as to enable states to plan more efficiently the distribution of funds for bill payment assistance and weatherization assistance; 

Study the implications for families in Louisiana and other states if LIHEAP and WAP are prevented from keeping pace with growing aging populations, poverty rates and natural gas prices; and 

BE IT FURTHER RESOLVED THAT Louisiana’s Congressional delegation be urged to join with other members of the House and Senate from the South and West in support of legislation that would rectify the regional funding biases and inequities produced by the current LIHEAP distribution formula, which deprives Louisiana families of just and needed funds and which has not been amended since 1985. 

            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

            ABSTAINED: None

            ABSENT: None

             And the above resolution was declared adopted this 1st day of June 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 to amend and re-enact Section 18-82(c)(1) of the Thibodaux City Code of Ordinances.  This amendment was recommended by the Planning and Zoning Commission in order to eliminate a conflict in the Subdivision regulations with the provisions of the Thibodaux Zoning Ordinance relative to minimum to lot sizes. 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance to amend and re-enact Section 18-82(c)(1) of the Thibodaux City Code of Ordinances.  Upon roll call the vote was as follows: 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None 

ORDINANCE NO.  2202 

AN ORDINANCE TO AMEND AND RE-ENACT SECTION

18-82(c)(1) OF THE THIBODAUX CITY CODE OF

ORDINANCES (SUBDIVISION REGULATIONS)  

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 18-82, Subsection (c)(1) of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to read as follows: 

     Sec. 18-82.  Geometric Standards 

c) Lots 

Size:  The width and area shall conform to the requirements

prescribed in the district regulations of the Thibodaux Zoning Ordinance.             

     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

     ABSTAINED: None

     ABSENT: None

 

     And the above ordinance was declared adopted this 1st day of June 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 Cooperative Endeavor Agreement with Nicholls State University so as to define the conditions under which the City will replace, operate and maintain the gas distribution system on campus. 

            The agreement provides that the University can opt out of the agreement within five (5) years if it compensates the City in the amount of 75% of the construction costs to replace the system.  The University will assume the responsibility for the costs of metering at each building, while the City would agree to waive the monthly minimum usage charge of $2.90 for all university meters. 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance authorizing the Mayor to execute a Cooperative Endeavor Agreement with Nicholls State University.  Upon roll call the vote was as follows: 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None 

ORDINANCE NO.  2203 

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE ENDEAVOR AGREEMENT WITH NICHOLLS STATE UNIVERSITY (GAS DISTRIBUTION SYSTEM) 

            BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that: 

            WHEREAS, the City provides natural gas to Nicholls State University into a distribution system owned by the university; and 

            WHEREAS, due to maintenance and operation issues the university must replace the system; and  

            WHEREAS, the City has proposed to replace the system and retain ownership, maintenance and operation of the system for the future; and 

            WHEREAS, in return for the replacement of the system the University will purchase natural gas from the City for a ten (10) year period; and 

            WHEREAS, in order for the City to provide construction of the said system, it is necessary to execute a cooperative endeavor agreement outlining the benefits to be received by both the City of Thibodaux and Nicholls State University; 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 endeavor agreement. 

            NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor is hereby authorized to execute a Cooperative Endeavor Agreement with Nicholls State University 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 follows: 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None

            ABSENT: None

 

            And the above ordinance was declared adopted this 1st day of June 2004. 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            There being no further business the meeting was adjourned. 

_________________________                           _____________________
Tommy Eschete, Council Adm.                          Chad J. Mire, President
 
 
     
 
City of Thibodaux, LA

           

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
June 1, 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, June 1, 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 May 18, 2004, 2004 Council meeting were approved as written.           

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the Council consider the approval of the final plat for lots 3, 4 & 5 of the J.B. Levert Commercial Park Subdivision located on North Canal Boulevard.  These lots were created so as to accommodate the construction of retail establishments. 

            Councilman Dee Richard introduced an ordinance approving the final plat of lots 3, 4 & 5 of the J.B. Levert Commercial Park Subdivision.  The public hearing on this ordinance will be held at the June 15, 2004 City Council meeting. 

            Due to the expiration of the terms of two members of the Thibodaux Recreation Board, it is necessary for the appointing authorities to consider re-appointing the members or appointing new members to the board.  The two members terms expire on June 17, 2004. 

            Mayor Caillouet re-appointed Mr. Brendan McEntee, and Councilman Chad Mire re-appointed Mr. Michael Gros to a full four-year term on the board. 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving the appointments of Brendan McEntee and Michael Gros to the Thibodaux Recreation Board.  Upon roll call the vote was as follows: 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  1038 

 

            BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: 

            WHEREAS, the Thibodaux Recreation Board is comprised of seven members; five (5) appointed by the City Council members and two (2) appointed by the Mayor; and 

            WHEREAS, the terms of board members Mr. Michael Gros and Mr. Brendan McEntee are set to expire June 17, 2004; and 

WHEREAS, Councilman Chad Mire and Mayor Caillouet have agreed to re-appoint these members to full four (4) year terms on the board in accordance with the provisions of Section 14-3 of the Thibodaux Code of Ordinances. 

            NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux that in accordance with the provisions of section 14-3 of the Thibodaux City Code of Ordinances, the following individuals are hereby re-appointed to serve on the Thibodaux Recreation Board for the term designated: 

 

                                                                                                                           TERM          

APPOINTING AUTHORITY               BOARD MEMBER                   EXPIRES  

Councilman District E                           Michael Gros                              06/17/2008

Mayor                                                              Brendan McEntee                       06/17/2008 

            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
           
ABSTAINED: None
           
ABSENT: None 

            And the above resolution was declared adopted this 1st day of June 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 the FEMA North Thibodaux Outfall Canal Project is substantially complete in accordance with all contract documents and specifications.  It is necessary for the Council to consider the adoption of a resolution of substantial completion in order to commence the 45-day lien period on this contract. 

            On motion of Councilman Dee Richard, seconded by Councilman Swanner, the Council voted to adopt a resolution of Substantial Completion for the FEMA North Thibodaux Outfall Canal 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.  1039 

     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 Civil Construction Contractors, Inc. dated January 28, 2004 for the FEMA North Thibodaux Outfall Canal Project; and    

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on April 27, 2004; 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 June 1, 2004 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 Civil Construction Contractors, Inc., P.O. Box 394, Hahnville, LA 70057, and to David A. Waitz Engineering, P.O. Box 1203, Thibodaux, LA 70302. 

     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

     ABSTAIN: None    

    And the above resolution was declared adopted this 1st day of June 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 is necessary for the Council to consider the approval of Change Order No. 1 for the 2003 CDBG project.  This change order is needed to adjust the contract price as a result of the final reconciliation of contract quantities for the project.  The proposed change order will decrease the contract price by $15,064.55, thereby making the final contract price $173,940.45. 

            On motion of Councilman Swanner, seconded by Councilman Gene Richard, the Council voted to adopt a resolution approving Change Order No. 1 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.  1040 

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH BARRIERE CONSTRUCTION FOR THE 2003 CDBG PROJECT (N. 11th, 12th & 13th STREETS)                        

     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 Barriere Construction Company, LLC for the 2003 CDBG Project; and 

     WHEREAS, due to the reconciliation of all contract quantities which includes asphalt, patching quantity adjustments & drainage culverts, the execution of a change order is required; and 

     WHEREAS, the proposed change order decreases the contract price in the amount of  $15,064.55 under the original contract bid for a final contract price of $173,940.45.           

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Barriere Construction Company, LLC 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 1st day of June 2004. 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                                     Chad J. Mire, President     

            The Project Engineer has informed the Council Administrator that the 2003 CDBG Project (North Thibodaux Road and Drainage Improvements) is substantially complete in accordance with all contract documents and specifications.  It is necessary for the Council to adopt a resolution of substantial completion in order to commence the 45-day lien period on this contract. 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution of substantial completion 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.  1041 

     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 Barriere Construction dated March 31, 2004 for the 2003 CDBG Project; and    

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on May 17, 2004; 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. 

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on June 1, 2004 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 Barriere Construction Co., P.O. Box 2430, New Orleans, LA 70176, and to T. Baker Smith & Son, Inc., P.O. Box 2266, Houma, LA 70361.    

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

     ABSTAIN: None

    

            And the above resolution was declared adopted this 1st day of June 2004. 

/s/Tommy Eschete                                /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President 

            The Mayor and Harry Shields with Entergy Louisiana has requested that the City Council consider the adoption of a resolution supporting federal legislation that will increase funding for the Federal Low Income Home Energy Assistance Program (LIHEAP) and the Federal Weatherization Assistance Program (WAP). 

            The LIHEAP Program provides assistance to low-income families for payment of their energy bills while the WAP Program provides assistance to low-income families for the weatherization of their homes. 

            The proposed legislation would also level the funding for families in the south and west due to the extreme heat in these regions.  Currently most of the funding is allocated to northern regions due to the extreme cold.  These funding levels have not been changed since 1985.  The congressional delegation from Southern and Western States are supporting the legislation, and the resolution urges our Louisiana Congressional Legislation to join in the support. 

            By acclamation, the Council voted to adopt a resolution supporting federal legislation for the regional funding of the LIHEAP and WAP Programs. 

 

RESOLUTION NO.  1042 

BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: 

WHEREAS,     the Low Income Home Energy Assistance Program (LIHEAP) and the Weatherization Assistance Program (WAP) were established by Congress to provide block grants to states that can be used to help low income families meet home energy costs and weatherize their homes to conserve energy and reduce further energy bills; and 

WHEREAS:  while LIHEAP has been re-authorized by Congress at up to $3.4 billion per year, it has rarely been funded at more than $2 billion; and since the program was instituted in 1981, LIHEAP’s inflation-adjusted buying power has sagged to 48 percent of its original size; and 

WHEREAS:  LIHEAP and WAP are today inadequately funded and thus incapable of addressing the growing energy assistance and conservation needs of low income families; and 

WHEREAS:   the formula by which the U.S. Department of Health and Human Services allocates LIHEAP grants to individual states severely discriminates against Louisiana and other southern states by favoring heating needs of people in northern states, ignoring the fact that extreme heat is as detrimental to the health and lives of people as extreme cold; and because the formula is driven by decades-old population, income and energy price data; and 

WHEREAS:   the federal Weatherization Assistance Program must be adequately funded to reduce energy consumption and expenditures of families living in substandard, leaky, inefficient housing by permitting them to insulate their homes…which is critical to dealing with the blight of poverty in Louisiana. 

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Thibodaux urges Louisiana’s entire congressional delegation to advocate and support federal legislation and appropriations bills that: 

Increase national funding for LIHEAP, to at least $3.4 billion annually, beginning in Fiscal Year 2005; 

Increase national funding for WAP to at least $2.90 billion annually, beginning Fiscal Year 2005; 

Provide for advance funding of both LIHEAP and WAP, so as to enable states to plan more efficiently the distribution of funds for bill payment assistance and weatherization assistance; 

Study the implications for families in Louisiana and other states if LIHEAP and WAP are prevented from keeping pace with growing aging populations, poverty rates and natural gas prices; and 

BE IT FURTHER RESOLVED THAT Louisiana’s Congressional delegation be urged to join with other members of the House and Senate from the South and West in support of legislation that would rectify the regional funding biases and inequities produced by the current LIHEAP distribution formula, which deprives Louisiana families of just and needed funds and which has not been amended since 1985. 

            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

            ABSTAINED: None

            ABSENT: None

             And the above resolution was declared adopted this 1st day of June 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 to amend and re-enact Section 18-82(c)(1) of the Thibodaux City Code of Ordinances.  This amendment was recommended by the Planning and Zoning Commission in order to eliminate a conflict in the Subdivision regulations with the provisions of the Thibodaux Zoning Ordinance relative to minimum to lot sizes. 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance to amend and re-enact Section 18-82(c)(1) of the Thibodaux City Code of Ordinances.  Upon roll call the vote was as follows: 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None 

ORDINANCE NO.  2202 

AN ORDINANCE TO AMEND AND RE-ENACT SECTION

18-82(c)(1) OF THE THIBODAUX CITY CODE OF

ORDINANCES (SUBDIVISION REGULATIONS)  

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 18-82, Subsection (c)(1) of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to read as follows: 

     Sec. 18-82.  Geometric Standards 

c) Lots 

Size:  The width and area shall conform to the requirements

prescribed in the district regulations of the Thibodaux Zoning Ordinance.             

     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

     ABSTAINED: None

     ABSENT: None

 

     And the above ordinance was declared adopted this 1st day of June 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 Cooperative Endeavor Agreement with Nicholls State University so as to define the conditions under which the City will replace, operate and maintain the gas distribution system on campus. 

            The agreement provides that the University can opt out of the agreement within five (5) years if it compensates the City in the amount of 75% of the construction costs to replace the system.  The University will assume the responsibility for the costs of metering at each building, while the City would agree to waive the monthly minimum usage charge of $2.90 for all university meters. 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance authorizing the Mayor to execute a Cooperative Endeavor Agreement with Nicholls State University.  Upon roll call the vote was as follows: 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None 

ORDINANCE NO.  2203 

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE ENDEAVOR AGREEMENT WITH NICHOLLS STATE UNIVERSITY (GAS DISTRIBUTION SYSTEM) 

            BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that: 

            WHEREAS, the City provides natural gas to Nicholls State University into a distribution system owned by the university; and 

            WHEREAS, due to maintenance and operation issues the university must replace the system; and  

            WHEREAS, the City has proposed to replace the system and retain ownership, maintenance and operation of the system for the future; and 

            WHEREAS, in return for the replacement of the system the University will purchase natural gas from the City for a ten (10) year period; and 

            WHEREAS, in order for the City to provide construction of the said system, it is necessary to execute a cooperative endeavor agreement outlining the benefits to be received by both the City of Thibodaux and Nicholls State University; 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 endeavor agreement. 

            NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor is hereby authorized to execute a Cooperative Endeavor Agreement with Nicholls State University 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 follows: 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None

            ABSENT: None

 

            And the above ordinance was declared adopted this 1st day of June 2004. 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            There being no further business the meeting was adjourned. 

_________________________                           _____________________
Tommy Eschete, Council Adm.                          Chad J. Mire, President
 
   
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