Town of Farmerville

Regular Meeting

July 8, 2024

The Farmerville Town Council met in regular session at Farmerville Community Center, located at 407 South Main Street, Farmerville, Louisiana, July8, 2024. The council members present were Mayor John Crow, Aldermen Robert Allen, Caroline Gatson, Ricky Johnikin, Kerry Hill and Thomas Nation.

The roll was called and with a quorum present Mayor Crow called the meeting to order and invocation was offered by Keith Jeselink.

On motion by Hill, seconded by Johnikin and to add item # 5 - LCDBG Public Facility Management Resoluion No 03-24 to the agenda.

As state law requires, Town Clerk, Gay Nell Pepper, offered the public the opportunity to voice their opinion on all agenda items at this time. There were no comments.

On motion by Gatson seconded by Nation and unanimously approved to approve the minutes from

June 8, 2024, regular meeting and June 24, 2024, special meeting.

On motion by Allen, seconded by Gastson and unanimously approved to approve the payables from June.

On motion by Gatson, seconded by Johnikin and unanimously approved to accept the monthly revenue and expenditure report for May as presented.

At this time a public hearing was held to hear the views and opinions concerning Ordinance No 01-24.

On motion by Allen, seconded by Gatson and unanimously approved to adopt Ordinance No 01-24 pertaining to large gatherings in the town.

TOWN OF FARMERVILLE

ORDINANCE NO. 01-24

AN ORDINANCE ADDING CHAPTER 15 TO THE TOWN OF FARMERVILLE CODE OF ORDINANCES TITLED “SPECIAL EVENTS”.

BE IT ORDAINED by the FARMERVILLE Board of Aldermen in regular and legal session, that Chapter 15 is hereby added to the FARMERVILLE Code of Ordinances, as follows:

CHAPTER 15. SPECIAL EVENTS

ARTICLE 1. IN GENERAL

Sec. 15-1 Definitions.

For the purposes of this section, the term “Special Events” includes outdoor music events, carnivals, circuses, trail rides, car shows, fund raising events, any pre announced or arranged gathering of people, any gathering advertised by newspaper, radio, TV, social media or any other forms of communication and similar activities, held in the Town of FARMERVILLE. This ordinance shall only apply to gatherings of 100 people or more. Further, this ordinance is intended to apply to non-commercial, or commercial activities generating revenue and/or held in exchange for goods and services. This ordinance is not intended to apply to business establishments with occupational licenses, wherein all attendants will be inside the business, to family, church, political, school, civic or government planned events, to organized athletic events for children or persons under 19 years of age, fishing tournaments and festivals that have taken place at least once prior to the adoption of this ordinance. An organization or group can apply to the FARMERVILLE Board of Alderman (FBA) to be declared exempt from the provision of this chapter if found to be similar to the foregoing exemptions and no valid complaints having been lodged against the organization or groups’ prior events. If valid complaints are made against an exempt organization or groups event, the FBA can by formal motion, revoke an exempt status of any group or organization. Permitting decisions shall be made without regard to the content of protected speech.

Sec. 15-2 Regulations established.

(A)Application Required and Application Deadline

1.No Special Event of any kind or for whatever purpose shall be held without applying to the FARMERVILLE Board of Aldermen for a permit required by this article.

2.Any person, persons or entity desiring to conduct or manage a Special Event shall make written application on the standard FARMERVILLE Board of Aldermen (“FBA”) forms available from the FARMERVILLE Town Hall to the FBA at least 30 days before the date on

which the Special Event is to be conducted, by delivering same to the Mayor or Clerk of the Town of FARMERVILLE, who shall date, note the time and sign same acknowledging receipt.

3.Any application submitted for a Special Event which is scheduled to occur within 30 days shall not be accepted by the FBA and be returned to the applicant.

4.A permit fee of $250.00 shall be submitted with the application. The fee will be retained by the Town if the permit is granted even if the permit is later revoked or the event is cancelled for any reason after issuance of the permit. The $250.00 fee will be refunded if the application for the permit is denied. The FBA may elect to waive this fee if the following conditions are met: (1) at the time that the application is submitted the applicant provides the sponsoring entity’s IRS determination letter granting 501c(3) status, and (2) a signed statement by applicant, Organization Head or Responsible party that the entire proceeds of the event will be used for educational, charitable, religious, or historical restoration purposes, including the furtherance of the civic, education, historical, charitable, fraternal, or religious purpose of the organization or if not a fund raising event, that the activity promotes or is in furtherance of said 501c(3)’s purposes. A copy of the 501(c)3’s Articles of Incorporation must be provided with the application.

5.Each application shall set forth the following information:

(a)The name of the individual(s), group, association, or organization wishing to

conduct the Special Event. The name, address and telephone number of each person or persons completing the application. When the Special Event is to be conducted for, on behalf of, or by a group, association, business or other entity/organization, the application shall also include the (1) name, address, and telephone number of the headquarters of the group, association, or other entity/organization, (2) the responsible head of such group, association, or other entity/organization (“Organization Head”) and (3) the person(s) for the group, association, or other entity/organization who is/are the coordinator(s) of the Special Event. (“Responsible Party”).

(b)No applicant(s) who are individuals can be registered sex offenders. If the

applicant is a group, association, or other entity/organization the Responsible

Party cannot be a registered sex offender. Further, whether the applicant is an individual(s) or a group, association, or other entity/organization no property owner, organizer, volunteer, or paid worker involved with the Special

Event can be a registered sex offender.

(c)The name, address, telephone number, and driver’s license (or government

issued identification) of each individual submitting the application shall be

provided when the application is being submitted for a group, association or

other entity/organization the names, address, telephone number and driver’s

license (or government issued identification) of the Responsible Party and

Organization head shall also be submitted.

(d)The name, address and telephone number of the individual(s) or group,

association, or organization to whom the permit is to be issued.

(e)The date)s when such Special Event is to be conducted.

(f)Applicant shall provide the desired location for the event along with a valid, signed lease, contract, or written permission from the property owner or proof applicant is the owner of the site. Applicant shall provide a layout of the property and event details which includes the size of the property, a traffic flow plan, designated means or ingress and egress, designated parking areas, staging areas, number and location of restrooms, number and location of handwashing stations, number, location and type of trash collectors, and other pertinent information such as riding trail directions, types of anticipated attractions (e.g. merry-go-round), location of stage(s) at musical events, etc. )”Event Layout”) The FBA specifically reserves the right to request additional information concerning the Event Layout from the Applicant once the application is submitted to gain a better understanding of the Special Event and its impact, if desired by the FBA. The Applicant shall comply with any request by the FBA for additional information concerning the Event Layout.

(g)The time when the Special Event will start and terminate.

(h)The time at which attendees will begin to assemble for Special Event.

(i)The time at which attendees will be required to vacate the property where the

Special Event was held.

(j)Attendance Number which shall include the approximate number of )1) persons

who are anticipated to attend. (2) the approximate attendance for the most recent

event if the Special Event has been held before,(3) number and type of vehicles

anticipated and (4) the number and type of animals involved, if any.

(k)All proposed clean-up, emergency, health, sanitation, and security plans in place

during the Special Event.

(l)Any application submitted to the FBA which does not contain the information

required by this article shall not be accepted by the FBA and shall be returned to

the applicant.

(m)Any application that is initially missing any of the information required by this

article but is later supplemented to provide all the information shall be considered

untimely if such supplement is provided later than 30 days before the date of the

Special Event. In this event, the application will not be considered and shall be

returned to the applicant as untimely.

(B)Involvement of Certain Departments or Other Agencies

1. Unless the applicant has received approval for a Sales Tax Exemption Permit from the State of Louisiana through the Form R-1048, generally, charges for admission to places of amusement, entertainment, recreation, or athletic events, except those sponsored by schools, colleges and universities, are classified as sales of services and as such are taxable. FBA will notify the Union Parish Sales and Use Tax Commission at time of application. Applicant should direct any question or concerns on taxation of the Special Event to the Union Parish Sales and Use Tax Commission, at 318-251-8624.

2.All applications for Special Events not previously permitted by the FBA, previously permitted Special Events being held at a different location, previous permitted Special Events which generate complaints to FBA or law enforcement, or the application for an Event Layout which substantial changes prior approved Event Layouts for a previously permitted Special Event shall be reviewed by the FARMERVILLE Police Department (FPD). FPD shall conduct a site visit prior to the issuance of any permit for the Special Event (1) to determine the amount of security needed based on Special Event application including the Event Layout and (2) the impact on the surrounding community. If security concerns have been raised with an applicant’s prior Special Event

or a similar event, FPD may consider this as part of its security evaluation. The FPD will advise the FBA on all security issues, and traffic matters. The Applicant is required to retain the services of law enforcement personnel or any licensed and insured security company to provide the required security, and traffic control, as determined by the FPD, when the event is anticipated to involve 100 or more individuals.

3.The Union Parish Health Unit or Parish Sanitarian will be consulted by the FBA and to evaluate all permit applications and proposed plans to determine

health requirements, including but not limited to, the ratio of the number of attendees and restrooms including portables, sewerage disposal, and water availability.

Sec. 15-3 Requirements and Standards for Issuance.

4.No Special Event shall proceed without submission of an application to the FBA which complies with all the application requirements set forth in this article.

5.No permit shall be issued by the FBA unless the FBA is satisfied that the proposed Special Event to be permitted will not disrupt or harm any person residing near the proposed site, any scheduled town activity, restrict the traffic flow or passage on any unpermitted town street or roads, disrupt the normal activity and operation of businesses, or encroach on any private property.

6.No permit shall be issued by the FBA unless the proposed clean-up, emergency, health, sanitation, and security plans in place during public interest or special event and estimated budgets for implementation and enforcement of these plans, as provided with the permit application, are approved by the FBA, relevant fire district, emergency medical service, and health unit. Such approval or disapproval of the proposed plans shall be communicated via a written recommendation from the offices of the FBA, relevant fire district, emergency medical service, and health unit. In the event the FBA desires to exercise its override power, the override shall be determined by a vote of all FBA members. No override shall occur unless supported by a majority of the FBA as determined by the results of the vote.

7.Applicant shall provide the number of attendees in its’ application which is to be a formal representation of the basis of the permit. This number provided

by the applicant is the operative representation that all coordinating agencies shall base their determination upon. Should the applicant underestimate the number of attendees, the FBA shall have the authority to terminate the event in its sole discretion, if the crowd size underestimated causes the Special Event to be in violation of any of the requirements of this ordinance.

8. The Special Event shall be permitted only during hours when the on-site parking would not be used for the primary occupancy’s high traffic generated activities. Applicant shall seek approval of its traffic and security plan with the FPD and provide the results of such application to FBA for its consideration.

9.When the Special Event has been concluded, the location(s) shall be left clean and restored to at least its previous condition.

10.All parking associated with the Special Event whether by volunteers, organizers, paid workers, or attendees for the Special Event shall occur on the property designated for parking in the Event Layout submitted with the application for the Special Event. Parking for the Special Event is prohibited on the public rights of way. Volunteers, organizers, paid workers, or attendees who park in the public rights of way shall be subject to criminal and other sanctions as provided by law including that any vehicle in the public rights of way is subject to immediate towing with all permissible charges including towing expense, storage expense and fines being assessed.

11.Payment of the non-refundable $250.00 permit fee. This fee shall not be refunded if the permit is revoked.

(A)Denial or revocation.

Upon written notice to the applicant or permitee, the FBA, Mayor or Mayor Pro Temp or Chief of Police may deny or revoke a permit when:

(1)The information contained in the application upon which the permit is based is found

to be false in any material manner whatever the cause including but not limited to the

presentation of inaccurate information or omission.

(2) The applicant has failed to comply with any requirements of this article.

3.The applicant has previously had a Special Event permit denied or revoked for failure to comply with this ordinance, or that at a Special Event held by the applicant, the applicant’s identified Organization Head or the designated Responsible Party had significant criminal activity which was discovered and was/or is being prosecuted.

(4)The revocation of a permit will not result in a refund of the $250.00 permit fee.

(B)Procedures for appeal

1.An applicant who is denied a permit or a permittee whose permit has been revoked may file a written appeal (“appeal”) with the FBA from such denial or revocation.

2.The appeal must be filed within 48 hours of the permit denial or revocation.

3.The appeal must state in detail the grounds upon which it is asserted that the permit denial or revocation should be modified or reversed. If a modification is desired, the party appealing shall state the modification desired.

4.The appeal shall have attached to it the following documents (1) a copy of the complete application including all documents submitted in conjunction with the application, (2) the written permit denial or revocation and (3) all other documents the appealing party believes are material to the determination, if any.

5.The appeal will not be considered if the party appealing fails to comply with any requirement of this subsection of this article and the committee’s decision will stand.

6.The Farmerville Police Chief as FBA representative may condition the issuance of any permit by imposing reasonable requirements concerning the time, place and manner of the proposed activity, and such requirements as are necessary to protect the safety of persons and property or the control of traffic; provided such conditions shall not unreasonably restrict the right of free speech. Such restrictions may include, but are not limited to:

(i)Restrictions on the purpose of the proposed activity, which shall in all instances be limited to only those purposes which are lawful.

(ii)Restrictions on the location, date(s) time(s) and frequency of the proposed activity.

(iii)Alteration of the date, time, route, or location of the proposed activity on the permit application.

(iv)Conditions concerning the area of assembly and disbanding of a proposed

activity or other events occurring along a route, as well as the conditions concerning the grounds for dispersion or elimination of the activity when such activity cannot be mitigated to a point as to ensure public safety and welfare, or which causes undo potential liability to the Town of Farmerville.

(v)Requirements for the adequacy of health and sanitation concerns, including the presence of garbage disposal containers and cleanup, and portable toilets, as well as the requirements for restoring the premises of the proposed activity.

(vi)Conditions concerning the accommodation of pedestrian or vehicular traffic, including restricting the proposed activity to only a portion of a street or area to be traversed and implementation of a traffic control plan to regulate traffic and pedestrian safety on the premises of the proposed activity, to be approved by the FPD.

(vii)Requirements for the use of traffic cones, barricades, or other traffic control devices.

(viii)Requirements for the use of FPD or other law enforcement personnel and/or equipment

(ix)Conditions concerning crowd control, including implementation of a security plan based upon the represented attendance of the proposed activity or historic attendance or issues at a past event of the Special Event.

(x)Compliance with noise ordinances, regulations, and laws and restrictions on the use of amplified sound.

(xi)Requirements to provide notice to surrounding property owners by sending a mailing by U. S. mail to all contiguous property owners within

reasonable distance of the subject property location at least 30 days prior to the event.

(xii)Compliance with ordinances, regulations and laws governing alcoholic beverages and restrictions on the sale or consumption of alcohol on the premises of the proposed activity.

(xiii)Compliance with ordinances, regulations, and laws governing sales tax of

the proposed activity. If the activity is subject to sales and use tax, any necessary permit from the appropriate taxing authority shall accompany the application.

(xiv)Restrictions on the number and type of vehicles, animals, or structures at the proposed activity, and inspection and approval of animals or structures during the proposed activity.

(xv)Compliance with animal protection ordinances, regulations, and laws, including all vaccination requirements imposed by the State of Louisiana.

(xvi)Requirements for providing notice to all attendees and participants including volunteers and paid workers of the proposed activity of the conditions and restrictions imposed upon the activity and activity premises.

(xvii)Compliance with any relevant ordinance or law and obtaining any legally required permit or license.

(xviii)Any restriction or condition deemed necessary to ensure public safety and well-being.

(D)Qualifications for Applicants for Permits involving Alcohol

La. R.S. 26:80 and La. R.S. 26:280 outline the requirements for applicants for permits when alcohol will be sold or allowed on premises at a Special Event subject to this ordinance. The requirements of La. R.S. 26:80 and La. R.S. 26:280 as presently written or as amended are incorporated here by reference.

Sec. 15-4 Violations and Penalties.

(a)Any person violating any provisions of this article shall be guilty of a misdemeanor and upon the conviction thereof shall pay such penalties as the court may decide as prescribed by Louisiana law not to exceed $500.00 and/or up to 60 days in jail or

both. Each day’s continued violation shall constitute a separate offense.

(b)In the event the applicant’s permit is denied, in addition to other prescribed remedies in this article, the FBA shall not consider any application by the applicant for site plan approval and subsequent issuance of a permit for that project for a period not to exceed 90 days from the date of determination of violation or denial.

(c)The FBA has the power and authority to shut down Special Events, if, at any time

during the Special Event, it determines that the Special Event is in violation of any permit conditions, or the safety and security plans submitted and approved for permit issuance including any information found in the Event Layout. If a person refuses to comply with a vacated order from FBA then such refusal may be deemed a disturbance of the peace and a violation of this provision and thus said violator(s) may be subject to issuance of citation, arrest and criminal charges.

(d)Nothing herein shall prevent the FBA from taking such other action as is necessary to prevent or remedy any violation, including injunctive relief.

SEC. 15-5 PROCEDURE

The Mayor or Mayor Pro Temp, The Chief of Police and the Alderman or Alderwoman in whose district the special event is to take place in, (the Special Event Committee) shall review the application and advise the applicant if additions to the applicants plans are needed or if authorized by a specific provision of this Article reject or deny the application, and if two out of the three agree, recommend that the council authorize the issuance of a permit.

BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.

BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.

BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Town of Farmerville Code of Ordinances as an addition thereto and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

This Ordinance was adopted on the 8th day of July, 2024 by the following vote:

AYES: ALLEN, NATION, JOHNIKIN, HILL, GATSON

NAYES: NONE

ABSENT:NONE

ABSTAIN:NONE

s/Gay Nell Pepper, Town Clerks/John Crow, Mayor

On motion by Gatson, seconded by Allen and unanimously approved to adopt Resolution No 03-24 pertaining to LCDBG Public Facility Management.

TOWN OF FARMERVILLE

RESOLUTION NO 03-24

LCDBG PUBLIC FACILITY

MANAGEMENT RESOLUTION

WHEREAS, the Town of Farmerville has been afforded the opportunity to participate in the State of Louisiana Community Development Block Grant FY 2023 Program administered by the Division of Administration for Town of Farmerville; and,

WHEREAS, it is necessary under the program regulations to authorize certain actions and individuals to perform certain designated functions by the State.

NOW THEREFORE BE IT RESOLVED, that the Town of Farmerville as legal recipient of the LCDBG funds does hereby authorize the following actions:

SECTION I

FINANCIAL MANAGEMENT

WHEREAS, it is necessary under the Financial Management regulations of the LCDBG program to authorize certain individuals to sign for draw downs for request for payments and to authorize one certain individual to certify the correctness of each signature; and,

WHEREAS, it is further necessary under the Financial Management regulations of the LCDBG program to designate an official depository to hold LCDBG funds;

NOW THEREFORE BE IT RESOLVED, by the as legal authorized recipient of the LCDBG funds, in regular session convened, that Gay Nell Pepper and Danita Nyegaard and Samantha Stephens are hereby authorized to sign “Authorized Signature Card for Request for Payment;” and,

BE IT FURTHER RESOLVED, that John Crow shall certify to the correctness of the signatures; and,

BE IT FURTHER RESOLVED, Marion State Bank is hereby designated as the official depository for direct deposit of grant funds for the LCDBG project.

SECTION II

REQUISITION OF FUNDS

WHEREAS, the State requires adequate financial management control over LCDBG funds. The establishment of a Requisition of Funds policy is a vital tool to such control.

NOW THEREFORE BE IT RESOLVED, By the Town of Farmerville that all invoices for work performed or materials used in relation to the LCDBG Program, prior to payment, must have attached a signed pre-printed project requisition form. The form and invoice shall be approved in the following order:

7.Approval by Project Administrator for budget control

8.Approval by the Secretary

9.Approval by the Mayor

BE IT FURTHER RESOLVED, that John Crow and Gay Nell Pepper are hereby authorized to sign checks written on the LCDBG account.

SECTION III

EQUAL OPPORTUNITY

WHEREAS, equal opportunity regulations of the LCDBG program require the appointment by the recipient of an Equal Opportunity Officer (EEO Officer) to have the responsibility for maintaining all pertinent EEO files, submitting on a timely basis all reports, answer all related correspondence and monitor all EEO areas;

NOW THEREFORE BE IT RESOLVED, by the Town of Farmerville that Gay Nell Pepper is hereby appointed as EEO Officer for the life of the LCDBG program and as such is charged to faithfully execute all duties and responsibilities herein described.

SECTION IV

504 COORDINATOR

WHEREAS, the State requires Grantees to designate a responsible person to coordinate the Town of Farmerville efforts to comply with Section 504 of the Rehabilitation Act of 1973, as amended;

NOW THEREFORE BE IT RESOLVED, that Gay Nell Pepper is appointed as Section 504 Compliance Officer.

SECTION V

SECTION 3 COMPLIANCE

WHEREAS, the LCDBG program requires that all grant recipients establish and adopt by resolution a Section 3 Plan and appoint a Section 3 Coordinator and certification procedures.

NOW THEREFORE BE IT RESOLVED, that the Town of Farmerville adopts a Section 3 Plan and appoints Gay Nell Pepper as its Section 3 Coordinator.

SECTION VI

RESIDENTIAL ANTI DISPLACEMENT

WHEREAS, the LCDBG Program requires that all grant recipients adopt by resolution a Residential Anti - Displacement and Relocation Assistance Plan,

THEREFORE BE IT RESOLVED, that the Town of Farmerville hereby adopts the attached Residential Anti-Displacement and Relocation Assistance Plan appoints Gay Nell Pepper as its Coordinator.

SECTION VII

LANGUAGE ACCESS PLAN

WHEREAS, as part of its Citizen Participation Plan to reach out and inform its citizens, the Town of Farmerville has developed a language access plan to inform its citizens who may not understand or speak English; AND,

THEREFORE BE IT RESOLVED, that the Town of Farmerville hereby adopts the Language Access Plan and all updates for the Town’s LCDBG Program.

SECTION VIII

SECTION 504 GRIEVANCE PROCEDURE

WHEREAS, the LCDBG Program requires that all grant recipients adopt by resolution an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the regulation of the U. S. Department of Housing and Urban Development, 24 CFR Part 8, implementing Section 504 of the Rehabilitation Act of 1973, as amended (Public Law 93-112); and

THEREFORE BE IT RESOLVED, that the Town of Farmerville hereby adopts the Grievance Procedure for the Town’s LCDBG Program.

SECTION IX

POLICY STATEMENT FOR COMMUNICATING INFORMATION

TO PERSONS WITH SENSORY IMPAIRMENTS

WHEREAS, the CDBG Program requires that all grant recipients adopt by resolution a policy for communicating information to persons with hearing impairments;

NOW, THEREFORE BE IT RESOLVED, that the attached “Policy Statement For Communicating Information to Persons With Sensory Impairments” for the Town of Farmerville is hereby adopted.

SECTION X

PROCUREMENT POLICY

WHEREAS, the CDBG Program requires the adoption by resolution an updated Procurement Policy for the program;

NOW, THEREFORE BE IT RESOLVED, that the attached “Procurement Policy” is hereby adopted.

BE IT FURTHER RESOLVED, the Town of Farmerville hereby adopts a policy to utilize the Louisiana Hearing Impaired Relay System for communicating with hearing impaired persons. The relay numbers are: Information 1-800-333-0605, TDD Users 1-800-846-5277 and Voice Users 1-800-947-5277.

Passed and adopted by the Town of Farmerville, State of Louisiana, on this 8th day July, 2024, by the following votes:

YEAS: ALLEN, NATION, JOHNIKIN, HILL, GATSON

NAYS: NONE

ABSTAINED: NONE

ABSENT: NONE

ATTEST:

s/Gay Nell Pepper, Town Clerk s/John Crow, Mayor

On motion by Gatson, seconded by Johnikin and unanimously approved to add Zion Hill Community Outreach Ministries “Back to School” program to the agenda.

On motion by Allen, seconded by Gatson and unanimously approved to give Zion Hill Community Outreach Program $2,000 for their “Back to School” program.

There being no further business to come before the council Mayor Crow adjourned this meeting the 8th day of July, 2024. Upon motion by Gatson, seconded by Johnikin and unanimously approved.

Gay Nell Pepper, Town Clerk

John Crow, Mayor

July 2024 Regular Meeting

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