ORDINANCE
Motion/Request:
title
MOTION to adopt a proposed “An Ordinance Establishing a Farmers Market for the Town of Ledyard” as presented in the draft dated January 17, 2024.
end
Background:
The Farmers Market Committee was initially established in 2018 per a Resolution. Because the Farmers Market Committee has been very successful, and has become an on-going Committee it was time to convert/codify the authorizing document into an Ordinance.
Resolutions are used to establish short-term Committee for specific Projects, and therefore, terms all end at the same time, which was when The project was completed.
Ordinances are used for long-term ongoing Committees, which would be more appropriate for the Farmers Market Committee.
The proposed Ordinance mirrored the “Resolution Establishing the Farmers’ Market Committee” except that it has changed the Committee’s Membership from Nine Regular Members to Five Regular Members and Four Alternate Members.
Mayor Comment/Recommendation:
(type text here)
Body:
DRAFT:1/17/2024
Ordinance # 100-xxx
AN ORDINANCE
ESTABLISHING A FARMERS MAREKT COMMITTEE
FOR THE TOWN OF LEDYARD
Be it Ordained by the Town Council of the Town of Ledyard the Ledyard Farmers’ Market Committee is hereby established.
Section 1. Authority
Pursuant to Chapter IV, Section 5 of the Town Charter, there is hereby established a Farmers Market Committee for the Town of Ledyard.
Section 2. Purpose
The purpose of this Ordinance “An Ordinance Establishing a Farmers Market for the Town of Ledyard” is to is to codify, update and facilitate the “Resolution Establishing a Farmers Market Committee” adopted by the Town Council on May 9, 2018 and amended and adopted on October 10, 2019.
Section: 3. Objective
The Farmers’ Market is to create, promote, and operate a CT Grown (www.ctgrown.gov <http://www.ctgrown.gov>) Farmers’ Market in the Town of Ledyard that will provide residents access to fresh, nutritious food, encourage community activity in Ledyard, and stimulate public interest and awareness in local farm products, thereby supporting local agricultural producers and rural life in Ledyard, Connecticut. (what if something changes and we are not certified?)
The Farmers Market Committee may function with the support of the Parks and Recreation Commission.
Section 4. Membership
The Farmers Market Committee shall consist of five (5) regular members and four (4) alternate members who shall be electors of the town and appointed by the Town Council; and to the extent possible be representative of a broad cross section of the community which it serves, including but not limited to:
• CT Grown producer(s)
• Community Artisan(s)
• Community-at-Large
Quorum: A quorum shall consist of a majority of voting members.
Section 5. Terms of Appointment
Members shall be appointed by the Town Council for a term of three (3) years and shall commence to serve their terms immediately upon appointment and shall serve until they have been reappointed, their successor has qualified; or are removed by the Town Council.
Thereafter, vacancies shall be filled for a three (3) year term.
Any vacancy on the Committee, other than by expiration of term, shall be filled for the unexpired portion of the term by the Town Council with priority given to maintain the structure above.
The Town Council may remove members for cause and fill the vacancy per Chapter IV, Section 6 of the Town Charter. Cause for removal shall include, but is not limited to, unexcused absence from three (3) consecutive regular meetings and any intervening duly called special meeting.
Any member of the Committee who is absent from three (3) consecutive regular meetings and any intervening duly called special meetings shall be considered to have resigned from the Commission and the vacancy shall be filled as hereinbefore provided, except that the Commission may vote to waive the requirements of the section in each case where illness or other extenuating circumstances make it impossible for a member to meet the attendance requirements of this action
It shall be the responsibility of the Chairman of the Committee to notify the Town Council when a member has not properly performed his duties.
The regular members of the Farmers Market Committee shall elect a Chairman, Vice Chairman, Secretary and Treasurer. Any vacancy in any such office shall be filled from its membership.
Section 6. Implementation
With the adoption of this Ordinance current members of the Farmers’ Market Committee shall be reappointed to designate regular members, alternate members and to adjust terms to provide continuity and eliminate all terms ending on the same date.
• Two Regular Members shall be appointed for three (3) years
• Two Regular Member shall be appointed for two (2) years
• One Regular Member shall be appointed for one (1) year
• Two Alternate Members shall be appointed for two (2) years
• Two Alternate Member shall be appointed for one (1) year
Thereafter, vacancies shall be filled for a three (3) year term.
Section 7. Powers and Duties
• Oversee the operation of the market, and set policy for the Committee, including but not limited to:
o Establish Market Rules and Guidelines;
o Establish, review, and approve/disapprove applications for Vendor(s) and Community Organization(s) interested in participating in the Farmers’ Market;
o Establish and collect Market Fees;
o Handle immediate situations concerning the market, including resolving conflicts among members/vendors, and resolving consumer complaints;
o Ensure the market area stays clean and vendors abide by market rules;
o Assist vendors in compliance with all State and Federal rules and regulations;
o Establish and adopt Committee Rules of Procedure.
• Arrange all meetings of the general membership;
• Administer the Committee’s activities;
• Create working group assignments (e.g., market theme days, children’s activities, fundraising, advertising, etc.) and designate leads as necessary;
• Investigate any suspicion of questionable practices or violation of market rules employed by any seller. If verified, the Committee is authorized to immediately enforce corrective action as necessary, up to and including revoking vendor’s authorization to participate in the Farmers’ Market without refund of Market Fees.
Section 8. Revenue, Funding, and Monetary Gifts
The Ledyard Farmers’ Market Committee is authorized to accept Market Fees, gifts, or other monetary donations to further the mission of the Farmers’ Market.
Monies received by the Town of Ledyard, from whatever source and by whatever means (e.g., Market Fees, gifts, donation, etc.) shall be deposited into a Farmers Market Fund 020810201-54201-24201. These funds shall be in the custody of the Town Treasurer. Annually, the Town Treasurer annually shall submit to the Farmers’ Market Committee and the Legislative Body of the Town a complete and detailed report of the Farmers’ Market Fund.
Upon the Farmers’ Market Committee’s authorization, money that has been received may be expended directly from this fund for the operation, development, promotion, and marketing of the Farmers’ Market within the community. Funds that were designated for a specific purpose when received must be expended for that specific purpose.
The market may also keep a small cash reserve on hand to make change for donations, make change for vendors, issue payouts for small expenses such as water, ice, etc.
Other than In-Kind services provided by the town, the Farmers Market Committee shall not receive an operating budget supported by town funds.
Section. 9. Severability
If any section, or part of a section, of this Ordinance shall be held by a court of competent jurisdiction to be invalid, such holding shall not be deemed to invalidate the remaining provisions hereof.
Section 10. Effective Date
In accordance with the Town Charter this ordinance shall become effective on the twenty-first (21st) day after such publication following its final passage.
Adopted by the Ledyard Town Council on: ______________
___________________________
, Chairman
Approve/Disapprove on: ____________ ______________________
Fred B. Allyn, III, Mayor
Published on:
Effective Date: ________________________
Patricia A. Riley, Town Clerk
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Revisions: Initially established under the Resolution Establishing a Farmers Market Committee for the Town of Ledyard” on May 9, 2018; Amended on October 9, 2019 to increase membership from seven members to nine members.
History:
“Resolution Establishing a Farmers Market Committee for the Town of Ledyard” was replaced by Ordinance # _______________________
3/13/2023:
When the Ledyard Farmers Market Committee was originally established in 2018 it was done using a Resolution.
The Farmers Market Committee has been very successful and it was time to convert the authorizing document into an Ordinance.
Resolutions are used to establish short-term Committee for specific Projects, and therefore, terms all end at the same time, which was when The project was completed.
Ordinances are used for long-term ongoing Committees, which would be more appropriate for the Farmers Market Committee.
The proposed Ordinance mirrors the Resolution Establishing the Farmers’ Market Committee with the following updates:
• Members - Reduce the members from the current nine members to five Regular Members and four Alternate Members.
• The following language has been added to Section 6:
“The market may also keep a small cash reserve on hand to make change for donations, make change for vendors, issue payouts for small expenses such as water, ice, etc.
Other than In-Kind services provided by the town, the Farmers Market Committee shall not receive an operating budget supported by town funds”.