OFFICIAL MINUTES OF THE CITY COUNCIL CITY OF THIBODAUX CITY HALL THIBODAUX, LOUISIANA AUGUST 21, 2007

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, August 21, 2007 at 5:00 o’clock P.M. There were present: Councilmen Hebert, G. Richard, Taylor, D. Richard and Mire. There were also present: Mayor Charles Caillouet and Germaine Jackson. The minutes of the August 7, 2007 Council meeting were approved as written. Councilman Mire introduced an ordinance authorizing the Mayor to execute an Intergovernmental Agreement with the Louisiana Department of Public Safety and Corrections, public Safety Services for the development of a Construction Code Enforcement Office. The public hearing on this ordinance will be held at the September 4, 2007 City Council meeting. The Thibodaux Planning and Zoning Commission has requested that the City Council consider imposing a 90-day moratorium on the issuance of construction permits for electronic or computerized signs in the City of Thibodaux. The purpose of the moratorium is to allow the Commission to study the effects these types of signs may have, and how the sign ordinance should be amended so as to allow for these signs. On motion of Councilman Hebert, seconded by Councilman Mire, the City Council voted to adopt a resolution establishing a moratorium on the issuance of any and all permits for the new construction, replacement, renovation or repair of off-premise or on-premise signs in order to place any and all types of electronic, LCD or LED signage. Upon roll call the vote was as follows: YEAS: Councilmen Hebert, G. Richard, Taylor, mire and D. Richard NAYS: None ABSENT: None RESOLUTION NO. 1302

A RESOLUTION ESTABLISHING A MORATORIUM ON THE ISSUANCE OF ANY AND ALL PERMITS FOR THE NEW CONSTRUCTION, REPLACEMENT, RENOVATION OR REPAIR OF OFF-PREMISE OR ON-PREMISE SIGNS IN ORDER TO PLACE ANY AND ALL TYPES OF ELECTRONIC, LCD OR LED SIGNAGE

BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, the current sign ordinance is in need of revision concerning the issue of electronic signage; and

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WHEREAS, the Planning and Zoning Commission has held several discussions and public hearings on this issue; and WHEREAS, the Planning and Zoning Commission needs additional time to study the impact of electronic signage of any and all types within the City of Thibodaux, both on-premise and off-premise; and WHEREAS, the Planning and Zoning Commission has requested that the City Council issue a moratorium on the issuance of any and all permits to construct, replace, renovate or repair on-premise and off-premise signs in order to place any and all types of electronic, LCD or LED signs for a 90 day period; and WHEREAS, prior to any new construction, replacement, renovation or repair of any on-premise and off-premise signs in order to place any and all types of electronic, LCD or LED signs, the Zoning Commission should study the impact of any and all use of electronic, LCD or LED signs within the City of Thibodaux, both on-premise and off-premise and the effect it may have on the City’s current zoning plan, such process is expected to take several months to complete. NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The City Council of the City of Thibodaux does hereby issue a moratorium on any and all types of new construction, replacement, renovation or repair of any on-premise and off-premise signs in order to place any and all types of electronic, LCD or LED signs or the acceptance of applications for, or the issuance of any and all types of permits for the new construction, replacement, renovation or repair of any on-premise and off-premise signs in order to place any and all types of electronic, LCD or LED signs within the City limits for ninety (90) days from the date of adoption of this resolution. 2. If upon the expiration of ninety (90) days from the date of adoption of this moratorium, the study has not been concluded, the moratorium hereby imposed shall be reviewed to determine whether a basis exists to extend the moratorium for a further period of time.

The above resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Councilmen Hebert, G. Richard, Taylor, Mire and D. Richard NAYS: None ABSTAIN: None ABSENT: None And the above resolution was declared adopted this 21st day of August 2007. /s/Tommy Eschete Tommy Eschete, Council Adm.

/s/Jerome Richard Jerome Richard, President

The City is still in the process of repairing City property that sustained damage as a result of Hurricanes Katrina and Rita. In accordance with State law, any litigation filed to settle claims issues with insurers relative to the hurricanes must be filed by August 29, 2007. Since the City has not completely settled all claims issues with our insurers, the possibility does exist that we may have to file litigation relative to these claims to insure that we receive all insurance proceeds due the City. On motion of Councilman Gene Richard, seconded by Councilman Taylor, the Council voted to adopt a resolution authorizing the City Attorney or her designee to file any lawsuit necessary to seek recovery of damages sustained as a result of Hurricanes Katrina and Rita. Upon roll call the vote was as follows:

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YEAS: Councilmen Hebert, G. Richard, Taylor, mire and D. Richard NAYS: None ABSENT: None RESOLUTION NO. 1303

A RESOLUTION AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO FILE ANY LAWSUIT NECESSARY TO PRESERVE THE CITY’S RIGHTS TO SSEK THE RECOVERY OF DAMAGES SUSTAINED AS A RESULT OF DAMAMGES SUSTAINED AS A RESULT OF HURRICANES KATRINA AND RITA

BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that; WHEREAS, the City did sustain damages to City property as a result of Hurricanes Katrina and Rita; and WHEREAS, it is the opinion of the City Attorney that the City should be in a position to file legal remedies against all insurers who have not completely settled claims filed by the City for the above mentioned damages; and WHEREAS, in accordance with the provisions of State law all of these potential litigations must be filed prior to August 29, 2007 or the statue of limitations to file such litigation may expire; and WHEREAS, the City Attorney wishes to be prepared and authorized to file such litigation(s) should the need arise. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby authorize the City Attorney or her approved designee to file any necessary litigation to preserve the City’s right to settle claim issues with its insurers relative to damages sustained as a result of Hurricanes Katrina and Rita. The above resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Councilmen Hebert, G. Richard, Taylor, Mire and D. Richard NAYS: None ABSTAIN: None ABSENT: None And the above resolution was declared adopted this 21st day of August 2007. /s/Tommy Eschete Tommy Eschete, Council Adm.

/s/Jerome Richard Jerome Richard, President

David Waitz, Project Engineer, has advised the Council Administrator that the East Thibodaux Traffic Corridor Project is substantially complete in accordance with all contract documents and specifications. Therefore, it is necessary for the City Council to adopt a resolution of substantial completion in order to commence the 45-day lien period on this contract. Councilman Mire questioned if there will be any additional arrows painted at the intersections to aid in the flow of traffic. The Public Works Director informed the Council that there would be more arrows as well as more signage. On motion of Councilman Gene Richard, seconded by Councilman Hebert, the Council voted to adopt a resolution of substantial completion for the East

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Thibodaux Traffic Corridor Project. Upon roll call the vote was as follows: YEAS: Councilmen Hebert, G. Richard, Taylor, Mire and D. Richard NAYS: None ABSENT: None RESOLUTION NO. 1304

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 Sealevel Construction, Inc. dated October 9, 2006 for the East Thibodaux Traffic Corridor Project; and WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on August 13, 2007; 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 August 21, 2007 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 David Waitz Engineering, P.O. Box 1203, Thibodaux, LA 70302, and to Sealevel Construction, Inc., P.O. Box 655, Thibodaux, LA 70302. The above resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Councilmen Hebert, G. Richard, Taylor, Mire and D. Richard NAYS: None ABSENT: None ABSTAIN: None And the above resolution was declared adopted this 21st day of August 2007. /s/Tommy Eschete Tommy Eschete, Council Adm.

/s/Jerome Richard Jerome Richard, President

Mr. Lea Rutter, 206 Creole Lane, then addressed the Council concerning the lack of crossovers along the East Thibodaux Traffic Corridor between Audubon Avenue and Bayou Lane. He feels that due to the amount of employees and patients that access the Doctor’s Offices in that area that there should be more than one U turn along that stretch. He asked the Council to consider authorizing the installation of two (2) two-way crossovers along the corridor between Bayou Lane and Audubon Avenue. The Mayor stated that there are not as many buildings in that area, as there

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are around the hospital, and he feels that we should let this area work for a while as is and see what happens, and if there is future development in this area that additional crossovers may become a necessity instead of a convenience. A status report was scheduled on the possible condemnation of a structure located at 620 Poplar Street. The owner appeared at the June 19, 2007 City Council meeting and was allowed 60-days to repair or remove the structure and was asked to appear tonight to inform the Council of the progress. The owner did not appear at the meeting or make contact with the City since the June 19, 2007 meeting. The Building Inspector sent photos to the Council Administrator showing that the building has not been adequately repaired or removed as of this date. On motion of Councilman Mire, seconded by Councilman Hebert, the Council voted to adopt a motion authorizing the Administration to proceed with the demolition of the structure located at 620 Poplar Street. Upon roll call the vote was as follows: YEAS: Councilmen Hebert, G. Richard, Taylor, Mire and D. Richard NAYS: None ABSENT: None There was then a public hearing on an ordinance authorizing the Mayor to execute a cooperative endeavor agreement with the Bayou Country Children’s Museum in order for the City to provide funding to provide assistance to the development of the museum project. Mrs. Kathleen Gros, 812 Ridgefield Road, addressed the Council on behalf on the Bayou Country Children’s Museum and explained the activity report that was presented to the Council. She also stated that they are doing the best they can with their volunteers to secure donations to proceed with this project. She also stated that the support of the City is critical to the project. On motion of Councilman Gene Richard, seconded by Councilman Mire, the Council voted to adopt an ordinance authorizing the mayor to execute a cooperative endeavor agreement with the Bayou Country Children’s Museum. Upon roll call the vote was as follows: YEAS: Councilmen Hebert, G. Richard, Taylor, mire and D. Richard NAYS: None ABSENT: None ORDINANCE NO. 2353

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE ENDEAVOR AGREEMENT WITH THE BAYOU CHILDREN’S MUSEUM

BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that: WHEREAS, the Bayou Country Children’s Museum is being created to promote and develop educational and recreational services to the children of the City of Thibodaux; and WHEREAS, the City desires to provide funding to the Bayou Country Children’s Museum in order to assist the City in providing educational and recreational services to its citizens; and

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WHEREAS, the City desires to provide an amount not to exceed $20,000 payable on or before December 31, 2007; 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 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 Bayou Country Children’s Museum 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 Hebert, G. Richard, Taylor, Mire and D. Richard NAYS: None ABSTAINED: None ABSENT: None And the above ordinance was declared adopted this 21st day of August 2007. /s/Tommy Eschete Tommy Eschete, Council Adm.

/s/Jerome Richard Jerome Richard, President

There being no further business the meeting was adjourned.

_____________________________ Tommy Eschete, Council Adm.

____________________________ Jerome Richard, President

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