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HomeMy WebLinkAboutAgenda - 01-22-2009 - 6b ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 22, 2009 Action Agenda 6 Item No. SUBJECT: Transition of Orange County Farmers' Market at the Public Market House DEPARTMENT: Cooperative Extension PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Orange County Farmers' Market Summary 12-30-08 Eno River Farmers' Market Transition Memo to Board of County Mayor Tom Stevens, 245-1026 Commissioners Dr. Fletcher Barber, Jr., 245-2051 1-5-09 Oversight Committee Memo to Board of County Commissioners 10-13-08 Letter to Hillsborough Farmers' Market Members 11-8-08 Hillsborough Farmers' Market Response to 10-13-08 Orange County Farmers' Market Letter Eno River Farmers' Market Statement of Purpose Eno River Farmers' Market Draft By-Laws Eno River Farmers' Market Proposed 2009 Market Rules Eno River Farmers' Market 2009 Application for Membership Eno River Farmers' Market Farm or Business Inspection Report PURPOSE: To approve the transition of The Orange County Farmers' Market at the Public Market House to an independent organization as recommended by the Orange County Farmers' Market at the Public Market House Interim Oversight Committee and the Farmers and Vendors of the Market. BACKGROUND: In February 2008 the Board approved the temporary administration and operation of a Farmers' Market at the Public Market House, and established the Orange County Farmers' Market at the Public Market House Interim Oversight Committee. The Board directed that the temporary farmers market administration was to "be replaced by a permanent operational structure to be established by the Board as soon as practicable." In September of this year, a working group of approximately twelve farmers and artisans who have been regular vendors at the Public Market House began meeting every other week to craft 2 an organizational and operational structure to sustain the market (working in collaboration with the Oversight Committee). The group has developed market rules, fee schedules, inspection process and form, an application form, and by-laws. The group is pursuing incorporation as the "Eno River Farmers Market". The Oversight Committee believes the group is now ready to take the reigns of governance for a farmers' market, and recommends the BOCC: • Contract for continued use of the Public Market House for a farmers' market by the group now using the facility (incorporated as the Eno River Farmers Market); and • Extend of the appointments of the Oversight Committee through July 1, 2009, to serve as a liaison between the county, community, and market organization; • Authorize County support for this community farmers' market, to include 1) waiving any facility use fees for the initial term of the contract 2) partial financial support for a market manager in the 2009 transition year [$5,000]; and 3) designation of a County staff person as the primary contact between the market organization and the County (Dr. Fletcher Barber, Jr.) As suggested by County staff, an initial contract would be for a term of 3 years, renewable for an additional 2 years if approved by the County Manager. While some County support is requested, it is a reduction from 2008 and the group intends to pursue funding from other sources as well (including the Hillsborough Tourist Board and corporate sponsors), and has voted to assess itself both annual dues as well as weekly stall fees. FINANCIAL IMPACT: Under the provisions noted above, the County would 1) Waive any rent for the first term (three years), and 2) agree to appropriate $5,000 during calendar year 2009 to cover the costs associated with a part-time Market Manager. RECOMMENDATION(S): The Manager recommends the Board approve the transition of the Orange County Farmers' Market at the Public Market House to an independent organization as recommended by the Orange County Farmers' Market at the Public Market House Interim Oversight Committee; and that the Board of County Commissioners direct the Manager to develop a contract between Orange County and the Eno River Farmers' Market, Inc. for the operation of the market, with Eno River Farmers' Market, Inc. being required to provide $1 million of liability insurance for the County. 3 Orange County Farmers' Market at the Public Market House SUMMARY February 2008 BOCC approved- o interim administration&operation of Farmers' Market at the Public Market House where all were welcome o hiring of part-time interim manager o Orange County Farmers' Market at the Public Meeting House Interim Oversight Committee (to sunset on or before Feb 3, 2009) March 1,2008 Orange County Farmers' Market Opened April 2008 Orange County Farmers' Market at the Public Meeting House Interim Oversight Committee—initial meeting. Continued to meet monthly on average. June 2008 BOCC approved mid-week market and reducing weekly fee to $5 Labor Day Mid-Week Market Ends September- Farmers-Vendors Meet and organize and develop: present o Statement of Purpose o By-Laws o Rules o Application o Inspection Form Thanksgiving Winter Hours begin— 1st& 3 rd Saturday— 10:00am— 1:00pm December Joint Requests/Recommendations from Orange County Farmers' Market 2008 at the Public Meeting House Interim Oversight Committee & OCFM Farmers/Vendors o Approve independent Farmers' Market organization (attached documentation) o Approve continued use of The Public Market House by this group o Approve this group selecting a new name that clearly defines them as a new entity o Approve continuation of Oversight Committee to July 2009 (volunteers are willing) o Approve County Support of Farmers' Market o Waive any facility use fees o Provide liability insurance coverage o Partial financial support in this transition year($5000) o Designate Orange County contact person as liason 4 To: Orange County Commissioners From: Eno River Farmers' Market Working Group Contacts: Rob Bowers, Whitted Bowers Farm 619-6984 Tom Hurtgen,Hurtgen Meadows Farm 616-8371 Date: December 30, 2008 Subject: Orange County Farmers' Market Transition Introduction--Enclosed for your review are documents related to the creation of an independent organization--Eno River Farmers' Market Inc --to manage the Orange County Farmers' Market for the 2009 season and beyond. There are four items included for your review: 1)Market Rules, 2)Market By-Laws, 3)Membership Application, and 4)Inspection Report. Process and Background--All market members who were present selling on more than one occasion during the 2008 season were invited to participate in the creation of the organization. In September of this year, a working group of approximately twelve farmers and artisans was formed. Over the past three months,this group met every other week to craft the overall vision for the market and to draft relevant documents. The working group benefited greatly from the counsel and guidance of the Oversight Committee that was set up last year to help run the market. Our combined efforts created the enclosed organizational documents. We have chosen "Eno River Farmers' Market" as our name and have formally filed for incorporation with the State of North Carolina. Request for Support--While the working group is very confident and excited about the long- term prospects of a vibrant and sustainable downtown market, we respectfully ask for some assistance from the county during the transition. Specifically,the following items would greatly help us: 1) any fees associated with the use of the Public Market House be waived for the Farmers' Market, and 2) an administrative contact in the county offices to help with relevant tasks. Summary--Our proposal contains the most important organizational elements of the best farmers' markets in the region and around the country. In addition,we include a distinct and formal commitment to community representation on our Board. It is our intention to create synergies with other community groups and activities to leverage the nice developments at the River Walk Park on the Eno. We also would like to invite the Oversight Committee to continue advising us in this first year in order to keep strong our connection to the needs of the Hillsborough community. The combination of these elements puts the market in the best position to be an open and thriving place where farmers, artisans and citizens benefit. The farmers and artisans are enthusiastically committed to growing the market at the Public Market House and to providing locally grown food and products, a place to gather, and a spirit of community. We respectfully ask for your support. 5 January 5,2009 Orange County Board of County Commissioners 200 South Cameron Street Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Commissioners, Early in 2008 the BOCC was approached by competing groups asking to use the Public Market House for a farmers market.The BOCC decided, rather than have winners or losers between the two groups,to have the county"operate the Market on an interim basis"in a way that would allow anyone who wanted use the facility to be able to do so.This decision was made with the intention that these stakeholders using the market would ultimately govern the market as an independent organization. The opportunity to use the Public Market House drew vendors from many corners, including members of the Hillsborough Farmers Market(HFM), Farmers of Orange,farmers and artisans not affiliated with either group,and citizen volunteers.All came together seeking a unified, vibrant market at the Public Market House,and they have made the Orange County Farmers Market(OCFM)a reality.The number of vendors may have been smaller than hoped,but those involved have worked diligently throughout the 2008 season to ensure the farmers market at the Public Market House is viable,successful and open to anyone.Their work has resulted in expanded community awareness of this great public facility,a growing customer base, and a solid beginning for effective market operations and governance. We have participated with this group as they created by-laws,market rules,fees,and operational procedures,and believe they well represent the best interests of not only the market,but also of the Hillsborough and greater Orange County community.Copies of their adopted market rules,fee schedule, inspection form,application form,and by-laws are attached.The group is currently in the process of incorporation under their new name, Eno River Farmers Market. Based on the work of these dedicated vendors and citizens,the OCFM Oversight Committee recommends without reservation,to approve contracting use of the Public Market House for a farmers market by the Eno River Farmers Market,a group representing the vendors and customers currently using the facility. We would also ask you to consider: • support for this community farmers market,to include a)waiving any facility use fees; b)transitional financial support for a market manager in this transition year[$5,000 in 2009];and c)designation of a county staff person as the primary contact between the market organization and the county. • extension of the appointments of the oversight committee through July 1,2009,to serve as a liaison between the county,community,and market organization; Please know that In addition to higher vendor fees they have voted themselves,and county support,the Eno River Farmers Market will seek continued support from Hillsborough Tourist Board grants,other grants,and corporate sponsorships. Farmers and artisans are making their plans for next year, and there is much work to be done to build the farmers market for 2009,as well as recruit new vendors,farmers,and customers.Your prompt attention to our request is important to continue the momentum of this group's work,to ensure the vitality of an inclusive, sustainable, and community oriented farmers market at the Public Market House. Sincerely, OCFM Community Oversight Committee Tom Stevens, Barbara Marotto, Holly Reid, Eric Hallman 6 Addendum regarding the Hillsborough Farmers Market(HFM) The Oversight Committee wants the BOCC to know that it has diligently sought to include the Hillsborough Farmers Market(HFM)at the Public Market House. From the start of the market season and throughout the year,the HFM has been repeatedly invited to move to the Public Market House and participate in a united farmers market in Hillsborough.The invitation was offered most recently at a meeting arranged by SunTrust between the HFM leadership team with the OCFM Oversight Committee, repeated in writing to the HFM membership.At this joint meeting and in a subsequent letter, HFM officially declined participation in considering a"process that brings HFM to the Public Market House as an entity in a way that provides continuity of name for the market and recognizes Beverly as the Hillsborough/PMH market founder."HFM leaders are consistent in saying they want to"occupy the Public Market House under the HFM leadership already in place"or else continue HFM"with the current leadership and governance"at a new location.We are disappointed with this stance, but respect the right of others to choose pursuing a private market. (letters attached) Please remember that some of the vendors currently at the Public Market House have come from the HFM,some from other markets,while others are new on the scene-all are committed to coming together and working toward a vibrant community oriented and operated farmers market at the Public Market House. 7 Town of FIR Hills` rb g 9 l7H it C 1991 ios•oflliibo,aul} October 13,2008 Dear Members of the Hillsborough Farmer's Market, This letter comes to you at the request of your leadership to have something in writing to put before you regarding creating a unified farmers market at the Public Market House facility in Hillsborough. The Hillsborough Farmers Market(HFM)Leadership Group met with the Orange County Farmers Market (OCFM)Oversight Committee recently.There were several things on which everyone agreed: • We would all prefer to see a single, unified farmers market in Hillsborough; • We recognize that Beverly and HFM created the appreciation for a downtown farmers market,has been a presence that has benefited the community,was instrumental in bringing about the Public Market House-and that all of these should be celebrated regardless of what else evolves; • We believe a farmers market is best operated as an organization that exists as an entity independent of county or town government;(The OCFM oversight committee believes this organization should governed by its stakeholders:vendors,customers,and community representatives); • We believe a vibrant farmers market brings many benefits to market customers,vendors,farmers, and the greater Orange County community; The Public Market House is the place where the community decided to locate its farmers market,and has invested both federal and local resources to create a beautiful facility.We believe the Public Market House facility will add significantly to the long list of why it is wonderful to live in or visit Hillsborough, not just for a farmers market, but as a community gathering place for any number of events throughout the year.We look forward next season to the completion of the judicial building,with additional parking and expanded access to the adjacent park. Early in the year competing groups asked for use of this facility.The circumstances that led to two competing groups is tragic as both HFM and Farmers of Orange are composed of great people.Our county commissioners decided rather than have winners or losers between the two groups,they would create an independent process that would allow anyone who wanted use the facility to be able to do so, with the intent to separate operation of the market from past conflicts, and to ensure stakeholders would eventually be able to participate in the market governance as an independent organization. In response, people from HFM, Farmers of Orange,farmers and artisans not affiliated with either group, and citizen volunteers have all worked to ensure the market at the Public Market House is viable, successful and open to anyone.This work has resulted in expanded community awareness of this great public facility, a growing customer base,a solid beginning to market operations and governance. We understand that not everyone is pleased with the commissioner's decision to create an independent market. However given that this decision is long behind us,we believe going forward Hillsborough and the greater Orange County community is best served by all vendors coming together to make a farmers market at the Public Market House a vibrant community endeavor-this is the desire we hear most often from the general public.With that in mind,here are action options we invite you to consider: Action One:Apply to the OCFM as a vendor and move to the Public Market House.You are welcome at the Public Market House.We would like to be the means for your continued presence and contribution to sustaining a vibrant farmers market in downtown Hillsborough, including participation in operations and governance as any other member. (This option has been and continues to be open to you without needing any organizational vote whatsoever.Any number of you can pursue this option on your own initiative.) 101 East Orange Street • P.O.Box 429 +Hillsborough,North Carolina 27278 919-732-1270 + 919-644-2390 8 • We expect to have information in the next few weeks about application and fees for the 2009 season. (There is no application fee for this year,only a stall fee of$5.While not finalized,we expect the recommended application fee for next year to be$75,with a$5 stall fee.) Action Two: If desired by the HFM membership,we will facilitate a process that brings HFM to the Public Market House as an entity in a way that provides continuity of name for the market and recognizes Beverly as the HillsboroughlPMH market founder.Working together to create a positive legacy and sense of continuity would be well received by the community and mutually beneficial to all participating vendors and stakeholders. Given the earlier decision of the commissioners,and that the OCFM market organizational structure is well underway,we could not recommend simply transferring operations at the Public Market House to HFM, Farmers of Orange,the South Estes Market,or any other group. HFM obviously has a third option of continuing as an separate entity and locating somewhere other than the Public Market House.We respect your right to operate as a private independent market,and if that is your ultimate decision,we wish you well. However we believe our farmers, artisans,and citizens would benefit most by coming together under the Public Market House. If making the strongest market to support farmers,artisans,and the Orange County Community is your goal, please consider the proposed actions and bring the Hillsborough Farmers Market to the Public Market House. Feel free to contact me or any other member of the OCFM Oversight Committee with any questions, comments,or suggestions.(732-2104 x233,or tom.stevens @hillsboroughnc.orq) With warm regards, Tom Stevens, Mayor Chair,OCFM Oversight Committee www.orangencfarmersmarket.orq 101 East Orange Street + P.O.Box 429 • Hillsborough,North Carolina 27278 919-732-1270 + 919-644-2390 9 i /� S\ 1 ' --- ) li ,,..._,...„, _,,..,,,,, ,__,, , _.,,. ,,, _,, ,„.. , , ,_,_:., - , ;,,,,,_ 4 .,_ ._,_ ,_ „.„.., ,. .„, ,---_-_,,,_, , „,, ,,,,_____344, ,, „,_-_,...;.... November 08,2008 Dear Members of the Orange County Public Market House Oversight Committee: Our membership meeting was held and your letter presented to each vendor. The membership by unanimous vote declined Action 2 as described in your letter dated October 13,2008. The membership instead agreed within the same vote to continue the Hillsborough Farmers Market(HFM)as a cohesive group with the current leadership and governance. It was further understood that the HFM will need to find a new Saturday market location for 2009 since SunTrust is terminating our three year lease at the end of this season. We look forward to continuing to provide the citizens of Hillsborough and surrounding areas with a Saturday morning and Wednesday afternoon venue to share the bounty from our local farmers,bakers and crafters and create community for friends,neighbors and visitors from both near and far. We also agreed to offer the following proposal to the membership of the Orange County Farmers Market. The HFM believes that it would be an advantage to the vendors of the fledgling Orange County Farmers Market to join the membership of the HFM under its current leadership and benefit from the vast knowledge base of 23 years of experience. Some of these benefits are: 1. The HFM comprises a group of 60 paid vendors who are committed to providing the very best produce, baked goods,crafts and plants to the customers who visit the market and we always welcome new members to this group 2. The HFM has a loyal customer base that will follow our vendors.Whether to the Public Market House or another in the area 3. The HFM is an established organization which has grown over the years and is successful in every aspect of the operation of a Farmers Market 4. The HFM is an organization which is self-supporting and will not be reliant upon any expenditure of County funds. 5. The HFM is an organization that has consulted and guided new farmers'markets throughout the state with organizational and start up advice. 6. The HFM has a fee structure that is affordable to all and will allow the small producer as well as the large producer a place to sell their produce,baked goods,crafts,plants,etc. 7. The HFM is and always will be an organization that will welcome input from our vendors,and continue with the membership chosen vendor operated form of governance that has been the basis of our growth and community for 23 years. 8. The HFM is a unique market experience for those who live in the community and for those traveling through Hillsborough. The market is friendly and has a reputation of having an inviting atmosphere that people enjoy. 9. The original intent of the market shelter was to provide a permanent home for the Hillsborough Farmers Market. 10 10.The HFM will accept applications from any member of the Orange County Farmers Market who want to be a vendor with the HFM beginning with the 2009 season(There is no application fee). The Hillsborough Farmers'Market is a pioneer in the business of running a successful Farmers Market. We have done it since 1987 and expect to continue far into the future. Had a splinter group who acted against the clear decision of the HFM majority membership not caused controversy with the County and City governments this past year,the HFM would be currently using the Public Market House as was intended from the original Federal grant application." We would be operating free of County intervention,at no expense to the taxpayer and providing a vibrant market to the area and promoting downtown Hillsborough. We hope that you will give careful consideration to our very positive proposal to occupy the Public Market House under the HFM leadership already in place and with a proven track record of success. This solution will provide a vibrant market to those in the community who value fresh and locally grown products and say to the downtown merchants that we care enough to have one market located in the heart of Hillsborough. Also,having one group will say to the farmers in this community that we care about you—all of you—small producers and large producers alike. We look forward to your response. We will continue to work to relocate our market so we can continue to serve those citizens who we value and who value what our members have to offer. Please feel free to contact any member of the Leadership Committee(LC). Thank you. Sincerely, Beverly A.Blythe[SignatureJ-LC Susanne M Vergara[Signature] Rex H. Gruen[Signature)-LC Roland Walters[Signature] Tobi&Paul Reil[Signature]-LC Gerald Wager[Signature] Megan Lucchesi[Signature)-LC Kevin Mason[Signature] Linda Knight[Signature]-LC Michael Kirk[Signature] Bruce Hutchings[Signature] Kevin Knox[Signature] Deanna Byers[Signature] Sandra Sarlinga[Signature] Jeff&Linda Peloquin[Signature] Richard Simms[Signature] Kathleen Andrews[Signature] George Barrett[Signature] James Emory[Signature] Catherine Kramer[Signature] Jim Dunn[Signature] Jackie Parker[Signature] 11 Statement of Purpose Eno River Farmers' Market The Eno River Farmers' Market is organized to provide local farmers, farm- related artisans and craftsmen the opportunity to sell goods and services directly to the citizens of Hillsborough and the greater Orange County area. The farmers, artisans and craftsmen seek to create a friendly, open market and an enjoyable destination for the community to meet, to purchase farm and farm-related goods and services and to learn about farming, food and food production. ERFM's success will be apparent by its impact on the local agricultural economy, the wholesome fruits, vegetables and agricultural products available to the community, and the increased understanding of farming, healthy foods and local food production and consumption. 12 Eno River Farmers' Market (ERFM) DRAFT By-Laws (October 6,2008) Article I—Statement of Purpose. • Eno River Farmers' Market("ERFM")is a not-for-profit membership organization that operates in Orange County NC. ERFM provides local farmers and farm-related artisans and craftsmen the opportunity to sell goods and services directly to the citizens of Hillsborough and the greater Orange County area. The farmers,artisans and craftsmen seek to create a friendly,open market and an enjoyable destination for the community to meet,to purchase farm and farm-related goods and services and to learn about farming,food and food production. ERFM's success will be apparent by its impact on the local agricultural economy,the wholesome fruits,vegetables and agricultural products available to the community, and the increased understanding of farming,healthy foods and local food production and consumption. Article II-Membership and Dues Section 1. ERFM Membership. A farmer,business,artisan or craftsman actively engaged in the production of farm or agricultural related products or handcrafted goods for direct sale to the public may apply for ERFM membership. Members must be the original producer of all products sold and agree to abide by ERFM By-Laws,Rules and the Policies and Procedures as approved by the Board of Directors and the membership. All pertinent documents are posted on ERFM's web site. Membership is not transferable or assignable. Section 2. Market Members. A member is a farm or business that produces farm, farm-related or handcrafted goods. A member includes any person or group of people cooperatively producing farm or farm-related products or crafts under one farm or business name. A member is expected to attend the annual membership meeting and must pay applicable dues and fees. Each member has a single vote at the membership meeting and a single space at the market. Section 3. Membership Definitions and Requirements 1. A member must reside and produce their goods and services within a 60-mile radius of Hillsborough. 2. A member grows,raises,or produces products sold at the market. • 3. A value-added farm products member produces goods and services derived primarily from local farm raw products. 4.A craft member sells edible and non-edible hand-crafted products(baked goods, artwork,crafts etc.)derived primarily from locally produced raw material if available. The member must be the creative force and maker or producer of the products or services. Craft vendors will not exceed 25%of ERFM membership. 5. There are two categories of membership: Full and Part-time. 13 A.Full Member: meets all membership requirements and sells at a minimum of 24 Saturday and mid-week markets during the year. A full member is entitled to one vote at membership meetings and maintains a reserved space in the following year's market. B. Part-time Member: meets all membership requirements and sells from 13 to 23 markets during the year. A part-time member is not entitled to vote at membership meetings but does maintain a reserved space in the next year's market. C.All Market Members agree to allow their farms or facilities to be inspected by a committee designated by the Board of Directors whenever deemed necessary. D.Full and Part-time members are considered members in good standing. Failure to attend 13 markets in a year will require reapplication for membership. E.Guest Vendor: The Board of Directors reserves the right to designate"guest"vendors and to set appropriate fees.Guest vendors must be farms,artisans or craftsmen with very specific part- time crops or products that are under-represented by regular members. Guest vendors' farms or facilities must be inspected. "Guests"may attend the market for no more than 8 consecutive weeks and will be assigned non-member guest stall fees for the privilege of participating in the ERFM. Section 4. Annual Dues. Annual dues will be proposed by the Board of Directors at the Annual Membership Meeting each year as part of the process of approving the proposed Budget for the upcoming year. Annual dues must be received by the earlier of one week prior to the first market day each spring or March 1,whichever occurs first. Sections. Vendor Space Fees. Separate from the annual dues,the Board may establish additional fees as required to support the budget and goals and purposes of the ERFM,including but not limited to a weekly and mid-week vendor's space fees. Section 6. Applying for Membership. Membership applications are to be submitted to the Board of Directors according to approved guidelines and written documents. Membership applications are approved or denied by a majority vote of the Board of Directors based upon space availability as well as an applicant's anticipated contribution and impact on ERFM's purposes and goals,including ERFM mix. When all other factors are equal,preference is given to Orange County residents. A.Member farms or facilities must be within a 60-mile radius of Hillsborough,the approximate geographic center of Orange County.The Board may approve specialty guest vendors outside this radius in order to enhance the market mix. B.Market members must allow an initial farm or facility inspection to be conducted by a committee designated by the Board of Directors to verify to ERFM that the applicant is the producer of all goods being sold and that generally accepted practices and procedures are being. used. Section 7. Resignation and Leave of Absence. A member may resign at any time in writing to the Board of Directors. Resignation will not relieve the member of obligation to pay previously accrued dues, assessments,or other charges,nor will annual dues be prorated or refunded.In the case of prolonged illness or other extenuating circumstances and with the approval by the Board of Directors, a member may receive a leave of absence from the market for a specified period without jeopardizing membership status for the following year.Requests for a leave of absence must be made in writing.Members on a leave of absence may not vote at membership meetings. A leave of absence will not relieve the member of obligation to pay previously accrued dues, assessments, or other charges,nor will annual dues be prorated or refunded. 14 Section 8. Membership Termination. The Board of Directors may vote to suspend for a fixed period of time or to expel a member for cause. Members have the right to notice before such action is taken. Cause may include but is not limited to: A.Failure to submit to or abide by decisions or rulings made by the Board of Directors and by the membership including the Market Rules and current Policies and Procedures. B. Selling or offering for sale any product not grown or originally produced by the Member C.Failure to pay annual dues by the deadline. Membership annual dues are not refunded when a member is expelled for any reason. Section 9. Reinstatement of Former Members. Any lapse in membership for any reason requires submission of a New Member Application. Section 10. Property. No property rights shall accrue to any Market member. In case of dissolution,all property assets after payment of debts accrue to ERFM. No Market member will be liable for the ERFM's debts or obligations. Section 11. Agents of Members. Any individual designated by the member may perform activities on behalf of a member,including selling at the Market and voting at membership meetings. Agents,typically family members or employees,must be intimately involved in production of the farm product or service. Section 12. Grievances.All members have a right to express formal grievances to the Board in writing and have grievances addressed.The Board will use the ERFM established procedures for dealing with grievances and will have final authority in the matter. Grievances will be addressed by the Board in a practical and timely manner. Article III-Meetings of the ERFM's Membership Section 1. Annual Membership Meeting. ERFM's Annual Membership Meeting will be held prior to the opening of the Spring market season at a time and place designated by the Board of Directors. Section 2. Special Meetings. Special meetings of members may be called by the President,the Board of Directors,or by not less than one-fifth of the ERFM membership. Section 3. Notice of Meetings. Notice of all annual and special meetings of members will be prepared and communicated at least 15 days and not more than 30 days prior to the date of each meeting .Each notice will include the time,place,and purpose of the meeting. Section 4. Voting. One vote is allotted per member. Membership votes may be conducted only at annual or special meetings when a quorum of members is present. Section 5. Quorum. Members representing 51%of the total membership will constitute a quorum. In the event that a quorum is not present, a meeting may be postponed by the members present until a quorum can be obtained. 15 Section 6. Order of Business. Annual Membership Meetings will follow a standard order of business: A. Officer roll call and quorum determination B. Approval of minutes C. Officer reports D. Committee reports E.Unfinished business F.New business G.Adjournment • Article IV-Directors and Officers Section 1. General Powers. ERFM affairs will be managed by a Board of eleven Directors. Directors must be residents of the state of North Carolina.The Board of Directors shall consist of nine full members, a majority of whom will be farmers. The Board shall also include at least one artisan or crafts vendor. The elected Board members shall appoint two community members as voting members of the Board. The Board may also appoint ex officio Board members. Section 2. Election of Board of Directors. The Board of Directors will be elected by ERFM members at the Annual Membership Meeting by majority vote of members represented at the meeting,provided a quorum is present.Members will serve two-year terms. Board members may serve a maximum of six consecutive years on the Board, and are eligible to be re-elected for additional terms to the Board after not being a member of the Board for two years. Section 3. Election of Officers. Immediately after each election of the Board of Directors by the members,the Board will hold a regular meeting and elect a President,Vice President, Secretary, and Treasurer,each of whom will hold office until the next annual election. The President and Vice President will be elected by and from the Directors continuing in office. Each officer serves a one-year term and may be re-elected up to a maximum of three consecutive years in the same office.Members may hold only one elected office at a time. Section 4. Vacancies. Whenever a vacancy occurs due to death or resignation of an officer or the inability of an officer to perform his or her duties,the remaining Directors may select a replacement to serve until the next regular or special membership meeting. Section 5. Board of Directors Meetings. Regular meetings of the Board will be held at such time and place as determined by the Board.All regular Board meetings are to be announced and open to all members. Section 6. Special Board of Directors Meetings. Special meetings of the Board will be held whenever called by the President or by two Board members. Each call for a special meeting will state the time,place, and business of the meeting.Notice of special meetings of the Board must be given to each Director by standard post, e-mail,telephone,or in person at least three days before a special meeting. Section 7. Quorum. A majority of the Board of Directors constitutes a quorum for the transaction of business at any Board meeting. 16 Section 8. Compensation. Directors and officers will not receive salaries for their services. Nothing in these By-laws precludes any Director or officer from serving the ERFM in any other capacity and reimbursed for out-of-pocket expenses for such services. Section 9. Absences&Removal.If a Director,in any calendar year,has absences which total more than 25%of the regularly scheduled Board of Directors meetings,or three consecutive meetings,whichever comes first,the Director is obligated to resign. The Board may consider extenuating circumstances, granting a leave of absence for a specified period if such request is made in writing.Any Director may be removed for cause by a two-thirds vote of the ERFM membership at a special or regular membership meeting.Any Member may initiate a vote to remove,but the vote may be taken only after the membership has received written notice of at least 30 days but not more than 60 days to indicate the Member's intention to initiate a vote to remove.The Director proposed for removal shall have an opportunity to make a statement at the meeting held for consideration of removal. If a quorum is present,a two-thirds majority vote for removal is necessary. Article V-Duties of the Board of Directors Section 1. Management of Affairs. The Board of Directors will have responsibility for supervision and control of ERFM's affairs. All rules and regulations for the management of the organization and its agents and for supervision of contractors shall be consistent with North Carolina law and with ERFM by-laws.This responsibility includes the authority to levy a fee for any service provided by ERFM to its members.The Board of Directors has the authority to adopt an ethical code of conduct to regulate the activities of members. The Board of Directors must maintain proper records of all business. Section 2. Employees/Contractors. The Board may employ or authorize the employment of contractors as deemed necessary and to set compensation at a fair market value for the services rendered. Section 3. Insurance. The Board will provide for the adequate insurance of ERFM's property or property stored by ERFM and not otherwise adequately insured. The Board will provide adequate liability insurance to cover activities of the Board and potential accidents to all employees and the public. Section 4. Checks and Drafts. The Treasurer or Vice President will sign all checks,drafts,or orders for the payment of money,notes,or other evidences of indebtedness issued in the name of ERFM. Section 5. Contracts. The Board may authorize by resolution any officer of the ERFM to execute and deliver a contractual instrument in the name of the ERFM. Such activity may be general or confined to specific instances. Section 6. Gifts. The Board may accept on behalf of ERFM any contribution,gift,or bequest for the general purpose or any special purpose of the ERFM. Section 7. Audits. From time to time and at least once a year,the Board will review ERFM's financial records. Once each year the Board of Directors may secure the services of a competent and disinterested public auditor or accountant. The report of this person or firm shall include a written report of findings to share with ERFM's membership. 17 Section 8. Deposit of Funds. The Board will use a federally insured bank to deposit ERFM's funds. Article VI-Duties of Officers Section 1. Duties of the President. The President will: A. lead the Board of Directors B.preside over ERFM's Board and Annual and special Membership meetings C. call special meetings of the Board of Directors D. supervise the work of contractors E. sign all papers for the Board of Directors except as stipulated by Article V, Sections 4, 5. The President will perform such other duties as may be prescribed by the Board of Directors. Section 2. Duties of the Vice President. The Vice President will: A. assist the President and will perform the duties of the President in his or her absence B.perform such other duties as may be prescribed by President or the Board of Directors. C.prepare Board meeting packets to include agenda, financial report,previous meeting minutes, and any relevant documents D. serve as an active Board liaison to all ERFM committees. Section 3: Duties of the Secretary. The Secretary will: A.be responsible for keeping the archive of ERFM records and documents,including a complete record of ERFM meetings and meetings of the Board of Directors B. serve all notices, including state and federal legal and tax documents,required by law and by ERFM by-laws C.make a full report of all matters and business pertaining to the office of Secretary at the Annual Membership Meeting D.participate in the compilation of reports required by ERFM or the Board of Directors E.retain a current,complete list of Members and their contact information,including family members or employees who participate in ERFM markets. F.turn over all records and documents and other ERFM property in his or her possession upon election of a successor Section 4: Duties of the Treasurer. The Treasurer will: A.perform all duties with respect to ERFM finances as prescribed by the Board of Directors and as provided in Article V, Section 4 B. deliver a written statement on the ERFM's financial affairs at each regular Board meeting C.make a full report of all matters and business pertaining to the office of Treasurer at the Annual Membership Meeting D.turn over all books and other ERFM property in his or her possession upon election of a successor. 18 Article VII-General Provisions Section 1. Fiscal Year. The ERFM's fiscal year is January 1 to December 31. Section 2. Inspection of Records. All ERFM books and records may be inspected by a member, along with his or her representative if desired, for any proper purpose at any reasonable time. Documents will be made available within two weeks of receipt of a written request from the member to the Board for such an inspection. Section 3. Committees. The Board of Directors may designate permanent or limited-life committees to accomplish ERFM business and functions. Committee size,membership and charge should be determined by the Board. Each committee will select its chairperson.Each committee is answerable to the Board and serves at the pleasure of the Board. Section 4. Market Manager. If a Market Manager position is established, it shall be a contracted position answerable to the Board. The contract should be on an annual basis and be governed by Board approved policies and procedures. Article VIII—Amendments Section 1. Amendments to the By-Laws. The by-laws may be altered,amended,or replaced by a vote of two thirds of ERFM's membership present at any regular or special meeting,provided a quorum is present. Intention to seek a change in the by-laws must be a result of a Board decision or a request from the membership filed with the Secretary in writing at least thirty days before the meeting. The decision concerning a by-laws change must be part of the stated purpose of the meeting as sent to all voting members. • 19 Proposed 2009 Market Rules Eno River Farmers' Market Hillsborough, NC November 6, 2008 1. Members must reside and produce the items they sell within a 6o-mile radius of Hillsborough,NC. Members must also be the original producer of their items.Reselling is not allowed. 2. Representatives of the Eno River Farmers'Market("ERFM")will visit the member's farm,kitchen or other place of business as part of the application process. A farm,kitchen or place of business may be revisited at any time during the season. Each member shall provide file copies of any required public,county or state inspections to the Secretary of the ERFM Board. 3. Members must pay a$75.00 annual membership fee. Membership fees are due upon approval of new member applications. For returning members,fees are due by the earlier of one week before the first market day each spring or March 1,which ever comes first. For returning members, renewal fees paid between March i and May 1,will be$ioo.Membership fees must be paid by all vendors except for the occasional guest vendor. Guest vendors will be admitted to the market at the discretion of the Board or the Market Manager with any questions referred to the Board. 4. The daily stall fee for members is$5. The stall fee for guest vendors is $20. These fees apply to all Saturday,mid-week and winter markets. 5. Spaces within the market will be assigned by the Board based on participation and desired market mix. A minimum participation in 13 regular season Saturday and mid-week markets during the year is required to remain a member in good standing and maintain a reserved space for the following year.Members who fail to attend 13 markets during the year must submit a New Member Application the following year. 6. Responsibility for space assignment at the Public Market House rests with the Board. The priority for reserved spaces at the Public Market House are listed here in order. a. a member in good standing will be reassigned his or her space from the immediate past year. b. Space assignment for a member requesting a different space will involve seniority after all other returning members and before any new members are assigned spaces. c. Seniority is accrued by number of years selling as a full member at the ERFM and then total number of ERFM markets attended since March 1,2008. d. Space in the Public Market House for newly approved member applications will occur after assignment for existing members and will involve market mix,preference to farmers and residents of Orange County and available spaces. 7. A member must occupy a reserved space at the Saturday market by the first Saturday in May or lose the right to reserve that space for the remainder of the season unless he or she notifies the Secretary of the Board or market manager in writing before the first Saturday in May of intent to begin selling at a later date.All exceptions are to be at the discretion of the Board. 8. Reserved spaces will be held until 15 minutes prior to market opening.Members will make best effort to notify a member of the Board if they are unable to attend. 9. The market will operate from 8:oo a.m.to noon on Saturdays from the beginning of April through Thanksgiving. The Board will announce hours for extended markets and for any mid-week or winter markets. 10. Vendors may not leave prior to closing time.Rare exceptions are to be at the discretion of the President of the Board or the market manager. ii. Each member is responsible for cleaning up the area around his or her selling space. 20 12. While staffing the ERFM market,a'No Smoking'policy must be strictly adhered to.Members m ust leave the market area to smoke. 13. Prices must be posted for all items offered for sale. Price fixing,collusion,is illegal. 14. Products that can be sold include: vegetables grown by the member from seeds,sets,or seedlings; fruits/nuts/berries grown by the member from trees,bushes,or vines; plants grown by the member from seed,seedling,transplant or cutting; bulbs propagated by the member; eggs produced by the member's poultry; honey produced by the member's bees; fresh(not frozen) baked goods made by the member; preserves,relishes,jams,jellies,etc.made by the member; fresh cut or dried flowers grown by the member; firewood cut by the member; fish and meats; cheese;and,non-farm crafts produced by the member. Note: compost produced and bagged by the member can be sold but topsoil or un-bagged compost may not be sold. 15. Leased land within 6o miles of Hillsborough may be considered part of the member's farm if the farmer has been responsible for all aspects of production for more than a year. 16. For goods and services such as cheese,bakery goods,and crafts,as much of the ingredients(raw material)as available should meet the 6o-mile requirement. In all cases,the value-added component of the goods and services must be that of the member and his or her family or employees. 17. All prepared food items,meat,fish,and cheese sold must meet state and local health regulations including the inspection of the prepared food member's kitchens)by NCDA health inspectors and labeled in compliance with the regulations. Members must have a copy of all applicable inspections and certifications on file with Secretary of the Board,as well as with them when selling at market. No water or ice that comes into contact with meat or fish may be deposited or allowed to drain onto the market premises. 18. All items sold as organic must meet the requirements of the National Organic Program. Members selling organic items must have a copy of their certification on file with the Secretary of the Board as well as with them when selling at market. Only certified organic growers may display signs using the word"organic." 19. Animals are not to be sold or given away at the market. 20. Pets are allowed only in the designated areas near the Public Market House. 21. So as not to impede vendor business and to encourage the public's enjoyment of shopping at the ERFM Market,the Board will designate an area for musical entertainment and free speech(visits from politicians,voter registration,etc). 22. Applications for renewal of membership will be accepted immediately following the close of the prior year's market and will remain open until March 1 or one week prior to the spring opening of the market,whichever occurs first. The fee for a renewal application received between March 1 and May 1 is $ioo. A request to renew membership after May 1 will be considered and treated as a new member application. 23. New member applications will be accepted at the start of each new calendar year and will be responded to by the Board within 45 days. 24. Stall fees are payable at each market opening to the Treasurer or his or her representative. 21 2009 Application for Membership Eno River Farmers' Market Must be received by: January 10, 2009 Name Member New Applicant Farm/Business Name Address Town Zip Phone Cell Phone Email Address of Production Site(s) if different than mailing address Website Please list all of the products that you will offer for sale. If you are a returning member, indicate new products with an asterisk(*). Farm, Farm-related and Craft Products that You Intend to Sell Farm Products(Vegetables,fruits, herbs, plants,flowers, animal products, etc) Value-added Products(Majority grown or produced by seller or purchased from local producer. Animal products, baked goods,jams,jellies, relishes, etc) Crafts (Edible or non-edible, made from non-locally produced ingredients or materials. Be specific.) Other Markets You Attend or Use(Provide list) Wholesale Farm Stand CSA Farmers Markets Your application is as a Farm Member? Value-added Farm Product Member_ Or Craft Member ****************************see other side**************************** 22 Please provide an overview of your farm,farm value-added and craft products. Include acreage, size of facilities, and extent and years of experience producing your goods and services. Also note your experience in selling your goods and services in other venues(pick-your-own, roadside stand, other farmers' markets, CSA, etc). Some or all of this information will be used to evaluate your application for membership and to promote the ERFM. Add another sheet if needed. Include a brochure or provide a URL if available. Are you certified organic? No; Yes(include a copy of your most recent certification.) Help us determine how many members will be at Market throughout the season. Indicate market periods and number of Saturday and mid-week markets at which you expect to sell your goods and services. Saturday I Mid-week(Tuesday afternoon) April through Thanksgiving: December through March (Bi-monthly): I Not applicable *Please provide a map to your farm or business. *Attach an extra page if you need more space for your farm or business description. *Provide list of people who will staff your stall and their relationship to the business. * If your farm or business requires licensing, attach a photocopy of your current license(s). *New Applicant Fee: $25. (This fee is non-refundable and due with submission of application to become a new ERFM member.) *Annual Membership Fee if paid by March 1: $75. (This fee is required with submission of applications from returning ERFM members and is due upon application approval from new ERFM members.) *Annual Membership Fee paid after March 1: $100. *Market Stall Fee: $5 (Payable prior to or at each market.) *Send application the ERFM Treasurer at the address on the ERFM web site. (www.orangencfarmersmarket.org/) Read the Market Rules and By-laws Prior to Application! Signature Date (Your signature indicates agreement to abide by the by-laws and rules of the ERFM. Further,you attest that you grow,produce or make the goods and services that you wish to sell at ERFM,that a farm or business inspection will be allowed and that you hold all appropriate permits and licenses.) For Treasurer's Use: Member Fee Received: Date Check# New Member Application Fee Received: Date Check# Licenses provided? 23 ERFM Farm or Business Inspection Report Farm or Business name: Phone: ( ) Inspector name(s): Inspection date & time: Representatives of farm or business present during inspection Primary Address:(Please list all farm or business addresses that are to be inspected—include land/property that is rented or owned) Street address: City: Zip code: Total #of acres or square feet used to produce products: Rent or own?(please circ Total #of greenhouses and square feet Rent or own? (please circ (Please list addresses of all other owned or rented properties that will be used in production of your products. Use additional page if nece Street address: City: Zip code: Total #of acres or square feet used to produce products: Rent or own? (please circ Total#of greenhouses and square feet Rent or own? (please circ What other sales outlets do you have for your products? What percentage of your farm or business's total sales occurs at the ERFM? Attach drawing of farm or business showing field or facility sizes with indication of number of rows, bed benches, greenhouse square footage, etc. Include production and storage facilities. Indicate which prc are produced in each area with labeling or add a listing of products with reference to the accompanyinc drawing. List equipment used in production, processing and storage of your products (Attach extra sheet if need PRODUCT LISTING: All products that you propose to sell or currently are selling at the ERFM. Indicat general timeframe of when products will be brought to market. Provide a reasonable approximation of t volume or yield of each product that you plan to sell at the ERFM. Any additional or supplemental information must be attached and noted below. ITEM DATE TO SELL VOLUME/YIELD INSPECTOR NOTES 1. 2. 3. A 9 24 . 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. *** add additional sheet if necessary *** Additional ERFM member notes/comments: Overall Observation by ERFM inspector(s): Were photos provided or taken? Please attach. Farmer or Business Signature: Date: ERFM Inspector(s) Signature: DATE: