Joined: 09 Feb 2007
|Posted: Tue Sep 12, 2017 12:41 pm Post subject: 2017, Sept. 11 minutes
SEPTEMBER 11, 2017
THE PROCEEDINGS OF THE MAYOR AND BOARD OF ALDERMEN OF THE VILLAGE OF LOREAUVILLE, LOUISIANA, TAKEN AT THEIR REGULAR MEETING HELD ON MONDAY, SEPTEMBER 11, 2017.
The Mayor and Board of Aldermen of the Village of Loreauville, Louisiana, met in regular session on Monday, September 11, 2017 beginning at 6:30 P.M. at the Loreauville Town Hall.
There were present: Brad Clifton, Mayor
Eric Borne, Alderman
Joseph J. DeCourt, Alderman
Sandy Sonnier, Alderman
Also present: Phyllis B. Savoy, Clerk
Dean Wattigny, attorney
Lindy Broussard, CenterPoint Energy
Russ Champagne, KCSC, LLC
A quorum being present, the meeting was called to order by Mayor Brad Clifton.
The prayer was led by Mr. Sonnier.
The Pledge of Allegiance was led by Mr. Borne.
Mayor Clifton called for a moment of silence in memory of September 11, 2001.
It was moved by Mr. Borne, seconded by Mr. DeCourt, and carried to dispense with the reading of the August 14, 2017 regular minutes and to adopt them as written.
There being no public comments, the mayor asked Mr. Lindy Broussard to address the board. Mr. Broussard with CenterPoint Energy presented the CenterPoint Energy franchise ordinance renewal. This ordinance was introduced as follows:
ORDINANCE NO. 09-11-2017
AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY LOUISIANA GAS, THE RIGHT TO CONSTRUCT, INSTALL, OPERATE AND MAINTAIN FACILITIES FOR THE TRANSPORTATION, DISTRIBUTION AND SALE OF GAS IN THE MUNICIPALITY AND, FOR SUCH PURPOSES, TO USE AND EXCAVATE IN THE PUBLIC HIGHWAYS, STREETS, SIDEWALKS, ALLEYS, SQUARES, COMMONS, GROUNDS, AND OTHER PUBLICLY OWNED AREAS AND LEVYING A FRANCHISE (PRIVILEGE) TAX FOR THAT PURPOSE.
BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE VILLAGE OF LOREAUVILLE, LOUISIANA:
CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Louisiana Gas, its successors and assigns, hereinafter called “Grantee,” is hereby granted the right to construct, install, operate and maintain in this municipality, as now and hereafter constituted, pipelines and related facilities for the transportation, distribution and sale of gas and for such purposes to use, and excavate in, the public highways, bridges, streets, sidewalks, alleys, squares, commons, grounds and other publicly owned areas for a period of twenty-five (25) years.
Grantee’s facilities shall be installed and operated in a workman like manner, and this Municipality shall be held harmless from any damages caused by the negligence of Grantee’s employees in the course of their employment. Grantee shall tunnel beneath paved streets, sidewalks and alleys wherever practical in laying and replacing mains. Grantee shall refill its excavations and restore sidewalks and pavements promptly, and if this is not done within a reasonable time then it may be done by the Municipality at Grantee’s expense. Grantee’s lines shall be laid so as not to interfere with the present sewer and/or water system, and if a new sewer and/or water line crosses Grantee’s pipeline at the same level, then this Municipality may, if Grantee has not done so after reasonable notice, raise or lower Grantee’s line at Grantee’s expense but only under Grantee’s supervision. However, if any relocation of Grantee’s pipelines and/or related facilities is required as a result of any project of the United States federal government or any project financed in whole or in part by the United States federal government, then the Municipality shall pay Grantee the costs and expenses incurred by Grantee in relocating Grantee’s pipelines and/or related facilities up to but not greater than the total finances provided in connection with any such project by the United States federal government.
This Municipality may inspect Grantee’s construction work at any time, or have said work inspected by a qualified engineer.
The point of delivery of gas to the consumer shall be at the inlet to the consumer’s meter, and service pipe and facilities necessary to safely receive and utilize the gas at and beyond that point of delivery shall be furnished and maintained by the consumer, except that Grantee shall furnish and connect the gas meter. Title to all equipment installed by Grantee shall remain in Grantee, and Grantee shall have the unqualified right to use, extend, repair, replace, change, abandon or remove facilities installed under the authority of this grant or any other facilities as it may determine to be necessary or desirable from time to time in the conduct of its business. Grantee will not be obligated to commence, extend or continue any particular gas service by means of facilities installed under the authority of this grant or any other facilities except as Grantee may determine the prudent management and use of its present and future gas supply and facilities to permit and in accordance with Grantee’s applicable rates, rules, regulations, policies and procedures, including curtailment procedures, as the same may exist and be changed from time to time. Grantee may promulgate and enforce reasonable rules, regulations and requirements governing the sale, delivery, receipt and use of gas furnished by Grantee and the commencement and discontinuance of gas service.
Grantee’s rates currently effective in this Municipality for gas service shall continue in effect until raised or lowered in the manner provided by law.
In consideration of this grant, beginning on the date Grantee files its written acceptance of this ordinance and thereafter for as long as this ordinance remains in effect in accordance with its terms, Grantee shall pay to the Village of Loreauville four and one half percent (4.5%) of Grantee’s gross receipts from gas sales to residential and commercial customers located inside the city limits. Amounts due hereunder shall be computed annually, and payments shall be made within thirty (30) days after the expiration of the year with respect to which payment is due.
In the event Grantee agrees during the life of this franchise to make larger franchise payments to any municipality with whom it has or secures a franchise than the franchise payment provided for herein, then and in that event, at the option of the Village of Loreauville, the franchise payment to be made to the Village of Loreauville shall be increased accordingly. Should Grantee provide any other municipality with which it has a franchise with any other benefits under such a franchise, then, at the option of the Village of Loreauville, Grantee shall extend such benefits in a proportionate manner to the Village of Loreauville.
This franchise ordinance will not be effective unless it is accepted by Grantee by written notice delivered or mailed to the Mayor within 90 days after the date of its passage and publication as required by law.
Upon its timely acceptance this ordinance shall continue in effect for a period of twenty-five (25) years from the date of its passage and approval as indicated below.
The provisions hereof are intended to be separate and severable, and the holding of any portion hereof to be invalid shall not affect the other portions.
A few changes to the ordinance which were recommended by Mr. Wattigny were discussed, but Mr. Broussard will give it to the CenterPoint Energy attorneys to review and change. These changes will be incorporated into the above ordinance once the public hearing is held next month.
Mr. Russell Champagne, Kolder, Champagne, Slaven & Co., LLC. presented the audit report for the fiscal year ending June 30, 2017. Mr. Champagne's review showed a clean audit through his Independent Auditor's Report on Page 1. He also reviewed the Statement of Net Position, Governmental Funds, Proprietary Fund, the Notes for the Financial Statements, the 2016 Finding and Corrective Action, the 2017 Finding and Corrective action plan, and lastly the new report required by the State of Louisiana Legislative Auditor's office regarding polices and procedures. The mayor and board were very satisfied with Mr. Champagne's report.
Discussion is still being held with Babineaux's Plumbing regarding the incomplete drainage improvements through Southern Constructors.
The mayor requested any citizen not wanting to continue using the blue recycling bin to drop it at the storage shed on Bridge St.
The Mayor reported on information from Sellers & Associates regarding the sewer collection system on LeBlanc St. in which the sewer keeps backing up can be due to shallow manholes on LeBlanc. The Mayor discussed the situation. One of the recommendations from Sellers could be to send Pump Station No. 1 collection to a deeper manhole or to send it straight to the WWTP. Rainwater infiltration still seems to be a problem with the ability of the lift pumps to keep up when raining. Mr. Bertrand with Sellers recalled there being a break under Breck Street at South Main which needs to be repaired to stop rainwater infiltration at this street. It was determined more details were needed before a decision can be made on the best solution for LeBlanc St. Mayor Clifton did have RP's pump the Pine Street lift pump during Hurricane Harvey and RP made about 17 trips with rainwater to the WWTP, however, he could not keep up. The Mayor used this as an example of the amount of rainwater getting to Pump Station No. 2.
The Mayor reported Kamryn's Cause Walk will be held on October 7 in the Loreauville Park. This is to raise funds for St. Jude's Children's Hospital in memory of Kamryn Dorsey.
Alderman Sonnier asked the board to review the sheriff's contract and to be prepared to discuss it at the October meeting.
The Clerk presented the monthly August reports and the reports for the fiscal year. No action taken.
Attorney Dean Wattigny reviewed the recommendations he made for the CenterPoint Energy franchise. These recommendations included non-exclusive, indemnifying acts and relocation of the natural gas lines.
The mayor announced the next regular meeting will be held on Monday, October 9, 2017, beginning at 6:30 PM. Notice is being given a public hearing will be held at this meeting on the Code of Ordinance Amendment for the CenterPoint Energy franchise renewal. It anticipated the ordinance will be adopted at this meeting. The public is invited to attend.
It was moved by Mr. Sonnier, seconded by Mr. DeCourt and carried to adjourn. The meeting adjourned at 7:25 P.M.
Village of Loreauville, LA