June 2020 Meeting Minutes

The Farmerville Town Council met in regular session at Farmerville Town Hall, located at 407 South Main Street, Farmerville, Louisiana, on June 8, 2020. The council members present were Mayor M. Stein Baughman, Thomas Nation, Robert Allen, Caroline Gatson, Ricky Johnikin, and Jerry Taylor.

The roll was called and with a quorum present Mayor Baughman called the meeting to order. Invocation was offered by Taylor.

As state law requires, Mayor Baughman 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 Taylor and unanimously approved to approve the minutes from the May 11, 2020, regular meeting.

On motion by Taylor, seconded by Allen and unanimously approved to approve the payables from May.

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

On motion by Taylor, seconded by Allen and unanimously approved to have the 4 acres in the industrial park surveyed and appraised for possible sale to A & J Dirt Works.

On motion by Taylor, seconded by Gatson and unanimously approved to adopt Resolution No 03-20 concerning the objection to statewide centralized sales tax collections.
RESOLUTION NO 03-20
A RESOLUTION IN OPPOSITION OF ALL PROPOSED LEGISLATION THAT ENABLES
THE LEGISLATURE TO REMOVE THE AUTHORITY OF LOCAL GOVERNMENTS TO
ADMINISTER AND COLLECT LOCAL SALES & USE TAXES

WHEREAS the Constitution of the State of Louisiana grants local governments the right to levy and collect local sales and use taxes;
WHEREAS there are legislative efforts introduced in the 2020 First Extraordinary Legislative Session that would allow the legislature to transfer collection responsibility of all local sales and use tax levies to an unidentified entity;
WHEREAS HB 14 would provide, upon passage of a constitutional amendment, that the legislature may provide for a central collector for all local sales and use taxes; WHEREAS there are fundamental differences in the imposition, administration, and auditing of sales taxes regarding remote sellers versus non-remote sellers;
WHEREAS there is already an online portal through which non-remote sellers may remit all sales and use taxes due to all local taxing authorities and the state of Louisiana, Parish E-file, and that online platform is free of charge to all such taxpayers;
WHEREAS local taxing authorities possess the best knowledge and experience to properly collect their own taxes and have a proven record of proactive advancements in the areas of enforcement, audit coverage, dispute resolution, reporting technology, and successful litigation;

WHEREAS neither the Department of Revenue nor the Louisiana Sales and Use Tax Commission for Remote Sellers would be able to provide the necessary taxpayer assistance, enforcement programs, and training of employees on the specific application of local sales and use tax ordinances without significant bureaucratic inflation and large cost contributions from local governments, thereby resulting in the both direct and indirect loss of local tax receipts;
WHEREAS many local taxing authorities have issued bonded indebtedness guaranteed by the passage of locally adopted sales and use tax levies, the collection of said levies being the direct responsibility of those local governments; and the transfer of that responsibility to a state agency may violate bond covenants, generate legal challenges, and jeopardize future bond issuances; and
WHEREAS the single local collector in each parish is directly responsible to the local taxing authorities and their elected officials for the performance of local tax administration, but that connexity would not exist between local taxing authorities and the Secretary of the Department of Revenue or some other central bureaucratic head, therefore there exists great uncertainty as to who would be accountable to local taxing authorities for the performance of such critical local tax administration, now therefore.
BE IT RESOLVED that the Town of Farmerville, as a local taxing authority and/or governing body, urges each member of the legislative delegation for the Parish of Union to vigorously oppose any and all proposed legislation that would transfer the administration and collection of local sales and use taxes to the Louisiana Department of Revenue or some other central collector; and
BE IT FURTHER RESOLVED that a copy of this resolution be sent forthwith to said legislators so that they will be notified of our position on this matter.
NOW, THEREFORE BE IT RESOLVED, that this Resolution is hereby adopted on this the 8th day of June, 2020 by unanimous vote of the entire council.

On motion by Taylor, seconded by Gatson and unanimously approved to be a $1500 sponsor for the Fireworks on Lake D’Arbonne.

On motion by Taylor, seconded by Allen and unanimously approved to have a summer worker program that will hire 12 area high school students or current high school graduates.

On motion by Allen, seconded by Gatson to postpone the consideration of accepting Lake D’Arbonne Drive into our road system.

On motion by Gatson, seconded by Allen and unanimously approved to adopt Resolution No 04-20 pertaining to Recreational Trails Grant.

RESOLUTION NO 04-20

RESOLUTION OF THE TOWN OF FARMERVILLE APPROVING THE APPLICATIONS FOR GRANT FUNDS FROM THE FHWA RECREATIONAL TRAILS PROGRAM FOR LOUISIANA (FRTPL), as established by CFDA 20.219 :

WHEREAS, the US Federal Government provides funds to the State of Louisiana for grants to state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trails; and

WHEREAS, the FRTPL has been delegated the responsibility for the administration of the program within the state and setting up necessary procedures governing project application under the program; and

WHEREAS, said procedures require the applicant to certify by resolution the approval of the applications before the submission of said applications;

NOW, THEREFORE, BE IT RESOLVED that the Town of Farmerville does hereby:
Approve the filing of applications with FRTPL; and

Certify that the said applicant has or will have available prior to commencement of any work on the projects included in these applications, sufficient funds to build (including 20% local match), operate and maintain the project; and

Appoint the Mayor as agent of the Town of Farmerville to conduct all negotiations, execute and submit all documents, including, but not limited to applications, letter of commitment agreement, amendments, payment requests and completion report, which may be necessary for the completion of the aforementioned projects.

Approved and Adopted the 8th day of June, 2020

On motion by Allen, seconded by Johnikin to adopt Resolution No 05-20 pertaining to LCDBG Management.

RESOLUTION NO 05-20
LCDBG MANAGEMENT RESOLUTION
FY 2019

WHEREAS, the Town of Farmerville has been afforded the opportunity to participate in the 2020 State of Louisiana Community Development Block Grant (LCDBG) Program administered by the Division of Administration for Potable Water; 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 Town of Farmerville as legal authorized recipient of the LCDBG funds, in regular session convened, that M. Stein Baughman, Jr., and _Gay Nell Pepper_ are hereby authorized to sign “Authorized Signature Card for Request for Payment;” and,

BE IT FURTHER RESOLVED, that M. Stein Baughman, Jr. 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

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:

Approval by Project Administrator for budget control
Approval by the Clerk

Approval by the Mayor

BE IT FURTHER RESOLVED, that M. Stein Baughman, Jr., and _Gay Nell Pepper are hereby authorized to sign checks written on the LCDBG account.

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.

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 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.

Passed and adopted by the Town of Farmerville, Parish of Union, State of Louisiana, on this 8th day June, 2020.

On motion by Gatson, seconded by Allen and unanimously approved to adopt Resolution No 06-20 pertaining to Grievance Procedure Resolution for LCDBG.

RESOLUTION NO 06-20
GRIEVANCE PROCEDURE
WHEREAS, the Town of Farmerville has been afforded the opportunity to participate in the State of Louisiana Community Development Block Grant (CDBG) administered by the Division of Administration; and,
WHEREAS, the CDBG 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
WHEREAS, Section 504 states, in part: “No otherwise qualified handicapped individual … shall, solely by reason of his handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
NOW, THEREFORE BE IT RESOLVED that the attached “Grievance Procedure” dated June 8, 2020 is hereby adopted.
PASSED, APPROVED AND ADOPTED THIS 8th day of June, 2020.

On motion by Gatson, seconded by Allen an unanimously approved to adopt Resolution No 07-20 pertaining to Communicating Information to Person with Sensory Impairments.
RESOLUTION NO 07-20
POLICY STATEMENT FOR COMMUNICATING INFORMATION
TO PERSONS WITH SENSORY IMPAIRMENTS

WHEREAS, the Town of Farmerville has been afforded the opportunity to participate in the State of Louisiana Community Development Block Grant (CDBG) administered by the Division of Administration; and,
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 dated June 8, 2020 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, APPROVED AND ADOPTED THIS 8th day of June , 2020.

 

On motion by Johnikin, seconded by Gatson and unanimously approved to adopt Resolution No 08-20 pertaining to Language Access Plan.

Resolution No 08-20
Language Access Plan

WHEREAS, the State of Louisiana Office of Community Development has awarded the Town of Farmerville with a 2020 LCDBG Public Facilities Grant; and,

WHEREAS, the State of Louisiana requires certain actions to be taken by the Town in order to be in compliance with HUD regulations; and,

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

THEREFORE BE IT RESOLVED, by the Town of Farmerville on the 8th day of June, 2020, that it hereby adopts the Language Access Plan.

At this time the 2020/2021 proposed budget was introduced and will be considered at a public hearing.

There being no further business to come before the council this meeting was adjourned this the 8th day of June, 2020, by Mayor Baughman, upon motion by Gatson, seconded by Allen.

Gay Nell Pepper, Town Clerk
M. Stein Baughman, Jr., Mayor