Council delays final payment after debate over fence in ARPA drainage project right-of-way

The New Iberia City Council approved a certificate of substantial completion for the American Rescue Plan Act-funded Area C drainage cleanout project but instructed staff to hold payment pending legal review after members raised concerns about a fence on the project punch list.

Council discussion focused on a stretch of fencing along Sandalwood Drive that was listed on the contractor’s punch list for reinstallation. Council members questioned whether the fence sits in the public right-of-way and whether the city should pay to reinstall a fence that may have been placed there without a permit. Councilman Troy Como and others repeatedly asked whether the work involved property inside the right-of-way and warned against setting a precedent of paying to replace private improvements in public right-of-way.

City staff said the fence appeared on the punch list and that crews were “putting it back.” Council members asked staff to research permits and ownership and recommended a stop-payment until the city attorney reviewed the issue. The motion passed with an amendment directing legal review and withholding final payment until staff clears the right-of-way and permit questions.

Council members said the drainage project is nearly finished and praised the broader improvements. “We’re almost finished the million dollar canal cleaner,” a council member said, noting the project will yield drainage improvements across the city. But several council members emphasized the need to confirm whether the contractor or property owner is responsible for the fence before releasing funds.

The council did not supply a final tally of the vote on the amended motion at the meeting. Staff said they will consult the city attorney and report back to the council before releasing the payment.