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05 May 2012 Special MINUTES OF THE VAN BUREN, ARKANSAS SPECIAL CITY COUNCIL MEETING HELD MAY 3, 2012 A special called meeting of the City Council of the City of Van Buren, Arkansas met at 5:30 p.m., on Thursday. May 3, 2012 at City Hall. The meeting was called to order by Mayor Freeman. Council members present were Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. Deputy City Clerk Connie Hyatt and City Attorney Candice Settle were also present. City Clerk- Treasurer Barbie Curtis was absent. This made a total of nine (9) present. A quorum was declared. The Mayor ordered spread upon the minutes, the 'NOTICE OF SPECIAL MEETING AND WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING." First on the agenda was to consider AN ORDINANCE AMENDING ORDINANCE NO. 14 -2008 TO MODIFY THE NAME OF THE FARMERS MARKET AND TO CHANGE SUPERVISION OF THE MARKET TO THE FARMERS MARKET GROWERS ASSOCIATION; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. The clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Alderman Sagely asked if they could stay open later than 1:00 p.m. during Fall Festival and special events. Mayor Freeman replied that this will not affect the special events. Alderman Dodd clarified that they will not be able to set up without the approval of the Farmers Market Growers Association. Mayor Freeman agreed. Hilda Daugherty asked if she could submit their request for the additional weekday. Mayor Freeman replied that they would get back to that after the passage of the ordinance. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Swaim and seconded by Alderman Sagely, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely_ Swaim, Parker and Moore. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the Deputy City Clerk. THE ORDINANCE WAS GIVEN THE NUMI3ER 9 -2012 O ORDINANCE NO 9- 2012 BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN; ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE AMENDING ORDINANCE O 14 -2008 TO MODIFY THE .N NAME OF, THE FARMERS MARKET -AND TO CHANGE SUPERVISION OF,THE MARKET TO 3 HE FARMERS MARKET.GROWERS'ASSOCIATION DECLARING D FOR OTHER PU .I AN EMERGENCY AND ONUSES WHEREAS „the Old Town Merchants Association supervisory committee for the Old Town Van Buren Farmers Market pursuant to authority of Ordinance No 14 -2008 has decided not to conduct the Old Town Van Buren Farmers Market at the current location provided for in Ordinance No 14' 2008; and WHEREAS, the Farmers Market Growers Association wishes to take responsi- bility for the farmers market at a new location in the City of. Van Buren and I WHEREAS;'+it i§ necessary to amend Ordinance No 14 -2008 in order to allow the Farmers Market Growers Association to, supervise and open the farmers marketin a new location; and WHEREAS, modifying Ordinance No 14 -2008 to change the name of the market change the committee responsible.for the supervision of the market and 6 tend the period and days of the market will support our regions farmers ensure the market remains open to consumers in the City connects consumers directly to local food producers strengthens urban rural community bondseducates the gen- eral public on the benefits of eating locally produced food and promotes con- sumer opportunities for greener shopping and healthier diets; and WHEREAS, the amendment of Ordinance No 14- 2008 will benefit area farmers and the producers of food goods and produce local businesses that use food prod- ucts and consumers �f all income who will gain access to healthier fresher Tess transported foods in addition to supporting regional agriculture; and WHEREAS, the City of Van Buren finds that without immediate passage the farm- ers market will no longer exist which will fail to satisfy the purposes set forth herein and therefore for the protection of the health welfare and safety of the :in habitants of the City of Van Buren and as he set out an emergency exists "and 1 is hereby declared to exist and this ordinance shall be and become effective im- 1 ORDINANCE NUMBER 9 -2012 CONTINUED NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN ARKANSAS, THAT: SECTION I: The City Van Buren hereby amends Section 1 of Ordinance.NO 14 i 2008 to modify the name of the Old Town Van Buren Farriers Market to theVan Buren Farmers Market Ordinance No'14. 2008 is further amended to provide that the Van Buren farmers Market shall be organized and managed by the Farmers Market Growers Association FMGA.The Old Town Van Buren Merchants Associa- tion shall.no longer be responsible for or provide supervision for. the farmers mar- ket and Ordinance No 14 -2008 is amended to reflect the change in supervision.,;• SECTION 2: Section 1 of Ordinance No 14 -2008 is further :modified to amend the location requirement Specifically it is amended to stateas follaws. an annual oasis the Van'Buren:City Council shall tletermine4he location.of,thefarmers mar- ket within the corporate limits of the City. That determination will be based on a site Iocation.request made by the FMGA to the City Council :The request must be s to;the "Mayornffice at least thirty30 days prior to the proposed fan- nets market opening date it SECTIONS: Section 2 of Ordinance 14 -2008 is amended to extend the'periodthat the farmers market may .be beginning, no earlier than April1 through cember31. The farmers market will continue to be opened on Saturdays and Sec- tion 2 of Ordinance 14 2008 is further amended to provide thatthem maybe opened one additional weekday subject to City- Council approval and subject to the availability of goods. The additional weekday request must•be submittedto the1Mayors._office atleast,thirtyr30 days .prior to the proposed �fanners'ma�ket opening 'date This market shall open. •no' earlier than 6:00 am and shall close late? than100 pni during the permissible dates SECTION'4: Section 3 of Ordinance 14 is amended' d to 1 provideandsubstitate the goods authorized to be sold at the farmers market to include: 1 Fruits vegetables heir! craps 2 Plants flowers fresh and herbs tree and garden related dens 3. Honey eggs nuts baked goods jams and jellies candy fruit butters T 1- cheesecondiments-..r 4. Dairy products r i All products sold at the farmers market must be produced in compliance with all applicable .regulations of the,U.S.,Department of Health and or the-U.S. Depart- ment of Agriculture and or any like agency'or agencies of the State of Arkansas. SECTION 5: Section 4 :of Ordinance No 14 -2008 is amended to provide that the in- dividual vendors shall be exempt from both a business privilege license and a mo- bile vending permit SECTION 6: Section 5 of Ordinance 14 -2008 is amended hi substitute the Farmers Market Growers Association for the Old Town Merchants Association. SECTION"7f Section 8 of Ordinance'14 -2008 is amended' to substitute the Farmers Market Growers Association for the Old Town Merchants Association. SECTION 8: Section 9 of Ordinance 14 -2008 is amended to he removed in its en- 9: tirety. o;° SECTION' 'Emergency Clause The Van Buren City,Council has determined that an emergency „exists and that the immediate adoption and enforeementof this Ordinance being necessary for the public peace health safety and welfare the pro- visions hereof shay be in full force and effect from and after its passage SECTION 10: The vario_us.provisions and parts of this Ordinance are hereby de- clared to• beseverable'and•if, any: section or part of a section -rany provision or part of a provision herein is`declared to be unconstitutional inappropriate or inva- lid by any court of competent jurisdiction such holding shall not invalidate or af- fect the remainder of Ordinanceand to that extent the provisions hereto are declared to be severable. SECTION 11:'All ordinances resolutions or other acts of .the City, in. conflict with the terms hereof are repealed or amended to the extent of any such conflict The remaining provisions of Ordinance No 14 -2008 not., specifically; modified or amended herein remain in full force and effect IN WITNESS WHEREOF the City of Van Buren Arkansas. by its City Council did pass approve and adopt by a vote of 6 for and 0 against,`Ithe foregoing Ordinance at its special meeting held on the 3rd day of May 2012.;3x. Rober40 Freeman Mayor ATTESTED Connie :Hatt deputy CityClerk/Treasurer APPROVED 4 TO FORM: Candice A. Settle City Attorney Published in the May 9, 2012 issue of the Press Argus Courier. Mayor Freeman readdressed the request for the additional days of Saturdays behind the Train Depot and Wednesdays at the Library. Alderman Parker asked why the two different locations. Ms. Daugherty expressed concern about the market being open during business hours downtown. The Library contacted them about setting up there. If approved they will setup on the handicap ramp at the library. There were no objections. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AUDIT CONTRACT WITH PRZYBYSZ ASSOCIATES, CPAs. The clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman said this is a mandatory audit when we receive federal funds in excess of $500,000_ This audit goes through WAPDD and will be 60% reimbursable. Alderman Swaim seconded by Alderrnan Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the Deputy City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 5 -1 -2012 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 5 I 2012 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOULUTION TO BE ENTTTLED: A RESOLUTION AUTHORIZING TI IE MAYOR TO ENTER INTO AN AUDIT CONTRACT WITH PRZYBYSZ ASSOCIATES, CPAs. WHEREAS, the City of Van Buren received federal funds from the Arkansas Economic Development Commission for the various federal projects; and WHEREAS, in compliance with federal and state regulations, the City of Van Buren solicited bids from qualified Certified Public Accountants to conduct an audit of the federal funds received in 2011; and WHEREAS, the City of Van Buren received two (2) bids from qualified firms. NOW, THEREFORE, 13E IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION I The City Council of Van Buren, acting in its best interests, authorizes the Mayor to enter into an audit contract with Przybysz Associates, CPAs, Arkansas, in the amount of 53,500.00. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (p for and 0 against, the foregoing Resolution at its special meeting held on the 3 da of May 2011 Bob Freeman Mayor ATTESTED:: A 'ROVERS i 0 FORM: Liazi_di r Bator rtis Candice .D<ptAlfti City Clerk/Treasurer City Attomey There being. no further business motion was made by Alderman Parker seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:46 p.m. ATTESTED: AP YEI): Lei A td2 ell CITY CLERK TREASURER MAYOR