City Council

MINUTES OF REGULAR COUNCIL MEETING TOWN HALL MEETING ROOM 112 W. ALABAMA AVE. VIVIAN, LOUISIANA MONDAY, JUNE 8, 2020 6:00 PM CALL TO ORDER - Mayor Festavan called the meeting to order at 6:00 p.m. INVOCATION – Alderman Michael Guthrie opened the meeting in prayer. PLEDGE - Mayor Festavan led all present in the Pledge of Allegiance. ROLL CALL - VERIFICATION OF QUORUM - Board of Aldermen present for Roll Call were James Martin, Denise Alexander, Michael Guthrie, Raymond Williams and Angela Channell. Following Roll Call the Town Clerk verified that a quorum was present. Also present were other elected officials and/or staff members: Ronnie Festavan - Mayor, Kellie Morris - Town Clerk, Ryan Nelson - Chief of Police and Douglas Dominick - Town Attorney. APPROVE AGENDA - Motion to approve Agenda as presented was made by Raymond Williams, second by James Martin; all approved. 1. PUBLIC COMMENTS - There were none. 2. MONTHLY FINANCIAL REPORT - Financial report including budget-to- actual comparisons was presented by Mayor Festavan. Following the report and discussion, motion to accept as presented was made by Raymond Williams, second by Denise Alexander; all approved. 3 - 6. APPROVAL OF MINUTES - Motion to approve the minutes of the March 9 regular meeting and the May 21, May 28 & June 2 special called meetings in globo, as a unit, was made by Angela Channell, second by Raymond Williams; all approved. Following that action, motion to approve all minutes (Agenda items # 3 – 6) was made by Raymond Williams, second by James Martin; all approved. Page 1 of 6 7. PUBLIC HEARING ON ORDNANCE # 736 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA – AN ORDINANCE TO ADOPT RULES AND REGULATIONS FOR THE VIVIAN MUNICIPAL AIRPORT (THIS ORDINANCE WILL UPDATE PRIOR RULES AND REGULATIONS FROM THE 1980'S REGARDING THE VIVIAN MUNICIPAL AIRPORT.) Mayor Festavan opened the public hearing for comments FOR or AGAINST the Ordinance; none were made. He then declared the public hearing closed. 8. THE BOARD OF ALDERMEN WILL CONSIDER THE FINAL ADOPTION OF ORDINANCE # 736 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA - SEE AGENDA ITEM # 7. Motion to adopt Ordinance # 736 of 2020 of the Town of Vivian, Louisiana was made by James Martin, second by Denise Alexander; all approved. 9. PUBLIC HEARING ON ORDINANCE # 737 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA – AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 10 LICENSES AND BUSINESS REGULATIONS - ARTICLE II. OCCUPATIONAL LICENSE TAX - (This ordinance will amend the annual occupational fee to be paid by Peddler and Itinerant Vendors, and to set fees to be paid by Circuses, concerts, carnivals and special events.) Mayor Festavan opened the public hearing for comments FOR or AGAINST the Ordinance; none were made. He then declared the public hearing closed. 10. THE BOARD OF ALDERMEN WILL CONSIDER THE FINAL ADOPTION OF ORDINANCE # 737 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA - SEE AGENDA ITEM # 9. Motion to adopt Ordinance # 737 of 2020 of the Town of Vivian, Louisiana was made by Denise Alexander, second by Angela Channell; all approved. 11. PUBLIC HEARING ON ORDINANCE # 738 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA – AN ORDINANCE TO AMEND, CHAPTER 10 - LICENSES AND BUSINESS REGULATIONS - ARTICLE VI - PEDDLERS - HAWKERS AND ITINERANT VENDORS - DIVISION 1- GENERALLY - to include Section 10-157 License Non Exemption. (This ordinance will require any Peddler and Itinerant Vendor who solicits upon a private residence to obtain a license as set forth in section 10-28 of the Town of Vivian Ordinances.) Mayor Festavan opened the public hearing for Page 2 of 6 comments FOR or AGAINST the Ordinance. 1) Alderman Michael Guthrie asked if those coming into town and being issued a license to sale would be recording the sales taxes that they collect, 2) Mr. Brent Lofton asked what the fee(s) would be for the license, and 3) Mr. Lofton also asked if the Police Department would be enforcing the Ordinance. Hearing no other questions and/or comments Mayor Festavan then declared the public hearing closed. 12. THE BOARD OF ALDERMEN WILL CONSIDER THE FINAL ADOPTION OF ORDINANCE # 738 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA - SEE AGENDA ITEM # 11. Motion to adopt Ordinance # 738 of 2020 of the Town of Vivian, Louisiana was made by Raymond Williams, second by James Martin; all approved. 13. PUBLIC HEARING ON ORDINANCE # 739 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA – AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 10 LICENSES AND REGULATIONS - ARTICLE VI. PEDDLERS, HAWKERS AND ITINERANT VENDORS, DIVISION 2 - ITINERANT VENDORS. (This ordinance will make amendments and supplement Section 10-171 through 10-178 of the Town of Vivian’s Code of Ordinance to define a peddler and require a better application process, etc...) Mayor Festavan called on Town Attorney Douglas Dominick to explain the Ordinance then opened the public hearing for comments FOR or AGAINST the Ordinance; none were made. He then declared the public hearing closed. 14. THE BOARD OF ALDERMEN WILL CONSIDER THE FINAL ADOPTION OF ORDINANCE # 739 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA - SEE AGENDA ITEM # 13. Motion to adopt Ordinance # 739 of 2020 of the Town of Vivian, Louisiana was made by Raymond Williams, second by Denise Alexander; all approved. 15. PUBLIC HEARING ON ORDINANCE # 740 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA – AN ORDINANCE TO AMEND, CHAPTER 10 - LICENSES AND BUSINESS REGULATIONS - ARTICLE VI - PEDDLERS - HAWKERS AND ITINERANT VENDORS - TO INCLUDE, DIVISION 3. - FOOD TRUCK AND TRAILER VENDORS. (This Ordinance will define Food Truck and Trailer Vendors and set forth rules, regulations, application process, etc... regarding Food Truck and Trailer Vendors.) Mayor Page 3 of 6 Festavan opened the public hearing for comments FOR or AGAINST the Ordinance; none were made. He then declared the public hearing closed. 16. THE BOARD OF ALDERMEN WILL CONSIDER THE FINAL ADOPTION OF ORDINANCE # 740 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA - SEE AGENDA ITEM # 15. Motion to adopt Ordinance # 740 of 2020 of the Town of Vivian, Louisiana was made by Denise Alexander, second by James Martin. The vote recorded was AYES – 4, NAYS – 1; motion approved. 17. INTRODUCTION OF ORDINANCE # 734 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA – AN ORDINANCE, GRANTING UNTO SOUTHWESTERN ELECTRIC POWER COMPANY, THE RIGHT, PRIVILEGE AND FRANCIDSE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN, REPAIR, RECONSTRUCT, REMOVE AND OPERATE A SYSTEM OF ELECTRIC POWER LINES, WIRES, TRANSFORMERS, COMMUNICATION CABLES AND OTHER RELATED AND NECESSARY OR DESIRABLE APPURTENANCES IN, UNDER, OVER, ACROSS, THROUGH AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE STREETS, AVENUES, ALLEYS, THOROUGHFARES, ROADS, HIGHWAYS, SIDEWALKS, BRIDGES AND PUBLIC GROUNDS AND PUBLIC PLACES OF THE TOWN OF VIVIAN, LOUISIANA; PROVIDING A TERM OF TEN YEARS; PROVIDING FOR COMPENSATION TO BE PAID TO THE TOWN; AND OTHER OBLIGATIONS BY AND BETWEEN SOUTHWESTERN ELECTRIC POWER COMPANY AND THE TOWN OF VIVIAN. There will be a public hearing prior to the adoption of Ordinance # 734 at the Special Called Council Meeting at 4:30 p.m. on Monday, June 29, 2020 at the Vivian Town Hall, located at 112 W. Alabama Ave. in Vivian, Louisiana. 18. INTRODUCTION OF ORDINANCE # 741 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA - TO AMEND AND SUPPLEMENT THE TOWN OF VIVIAN’S BUDGET ORDINANCE # 724 OF 2019 – To reflect the appropriate revenues and expenditures. There will be a public hearing prior to the adoption of Ordinance # 741 at the Special Called Council Meeting at 4:30 p.m. on Monday, June 29, 2020 at the Vivian Town Hall, located at 112 W. Alabama Ave. in Vivian, Louisiana. Page 4 of 6 19. INTRODUCTION OF ORDINANCE # 742 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA - TO ADOPT THE TOWN OF VIVIAN’S 2020-2021 BUDGET OF REVENUES AND EXPENDITURES. There will be a public hearing prior to the adoption of Ordinance # 742 at the Special Called Council Meeting at 4:30 p.m. on Monday, June 29, 2020 at the Vivian Town Hall, located at 112 W. Alabama Ave. in Vivian, Louisiana. 20. THE BOARD OF ALDERMEN WILL CONSIDER THE ADOPTION OF RESOLUTION # 7 OF 2020 OF THE TOWN OF VIVIAN, LOUISIANA - A RESOLUTION IN OPPOSITION OF ALL PROPOSED LEGISLATION THAT TRANSFERS THE ADMINISTRATION AND COLLECTI0N OF LOCAL SALES & USE TAXES TO THE LOUISIANA DEPARTMENT OF REVENUE. Motion to adopt Resolution # 7 of 2020 of the Town of Vivian, Louisiana was made by Denise Alexander, second by Raymond Williams; all approved. ZONING/CONDEMNATION REPORT - Zoning/Condemnation Officer Bobby Smith was present and reported on the following addresses and/or properties; 1) 302 Seminole, 2) 106 Lawton St., 3) a property on Sumont St. (no address given), 4) the Snow Cone stand located adjacent to 111 S. Pine St., 5) 1216 Cherokee and 6) the old dry cleaners location on S. Pine St. CODE ENFORCEMENT REPORT - None was given. The Mayor used this time to announce that Town Hall would be hiring a Code Enforcement Officer and begin holding Environmental Court with Douglas Dominick serving as hearing judge after July 1st. These steps are being taken to uphold the Code Enforcement Ordinances in an effort to improve the over- all cleanliness and appearance of the Town. MAYOR’S REPORT - The Mayor’s report included the following topics: 1) EPIC Boats vacated the boat plant and left Town, and that someone had already expressed interest in the facility, 2) the refinancing of the USDA loan is complete saving the Town money, and 3) beginning July 1st the Town will begin to receive 2.5% sales tax on all internet purchases/sales for deliveries made in Vivian. ANNOUNCEMENTS BY BOARD OF ALDERMEN - 1) Alderman Michael Guthrie asked if there was a representative in Vivian that could provide Page 5 of 6 transportation for C-BARC and 2) Alderman Raymond Williams asked why the grass was never cut at the trailer park on McArthur Dr. ADJOURN - Motion to adjourn was made by Raymond Williams, second by Michael Guthrie; all approved. Meeting adjourned at 7:04 p.m. ___________________________________ Ronnie Festavan, Mayor ______________________________________________ June 18, 2020 Kellie Morris, Town Clerk Page 6 of 6