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HomeMy WebLinkAboutAgenda - 06-07-2011 - 8aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 7, 2011 Action Agenda Item No. 8 - Q SUBJECT: Petition to Rename Orange County Public Market House DEPARTMENT: Manager, Environment, PUBLIC HEARING: (Y/N) No Agriculture, Parks and Recreation (DEAPR), Asset Management Services (AMS) ATTACHMENT(S): Letter from Eno River Farmer's Market May 2009 License Agreement Orange County Property Naming Policy INFORMATION CONTACT: Frank Clifton, County Manager, 245-2300 David Stancil, DEAPR, 245-2510 Pam Jones, AMS, 245-2650 PURPOSE: To consider a request from the Eno River Farmers' Market to rename the Orange County Public Market House located within RiverPark on the County's main campus in Hillsborough. BACKGROUND: The Orange County Public Market House was constructed in 2007-08 as part of RiverPark and the Orange County Justice Facility Expansion on the main County Campus between Margaret Lane and the Eno River. The Public Market House was constructed and partially funded with a US Housing and Urban Development -Economic Development Initiative grant secured by Congressman David Price. The goal of the $89,415 grant was to provide a location for a farmers' market in the County seat of Hillsborough and promote agriculture and local economic development as well as a gathering place for local events. An open-air covered facility, the structure was named the Public Market House in 2007 based in part on a previous historical structure of the same name in downtown Hillsborough, and in part to cover the spectrum of possible activities in the facility. The construction of the facility was followed by substantial review, discussion and dialogue regarding guidelines, license agreements, and a mediation process among potential users. These discussions took place at several Board meetings between October 2007 and May 2009 (for further reference or research, these meetings were October 9, 2007, January 15, 2008, February 5, 2008, January 22, 2009 and May 5, 2009). In May 2009, a license agreement was signed with the Eno River Farmers' Market, Inc. (ERFM) for use of the facility on Tuesdays and Saturdays specifically. The agreement expires March 31, 2012. During the past two years, the Public Market House has been used all year for a Saturday morning market from 8 am -noon, seasonally for a Tuesday afternoon market from 4 - 6 pm, and at least 2 Harvest Dinners featuring products from the market as well as local chefs. ERFM sent a letter to the County Manager on February 28, 2011. The letter references research that indicates that the location of the Public Market House is not widely known, anticipates~a new Town of Hillsborough sign ordinance may further complicate prospective customers finding the market, and that new wayfaring signage in downtown Hillsborough around the County campus should reflect a permanent name. In the letter (attached), ERFM proposes that the name of the Orange County Public Market House be changed to one of two alternatives: 1. "Farmers' Market Pavilion," or 2. "Farmers' Market House." The ERFM states that a name change will help customers better find the structure and be more descriptive of their use (Tuesday afternoon, Saturday morning and early afternoon). Changing the name from Public Market House may clarify the location of a farmers' market, but may also be more restrictive in terms of possible uses which could occur at other times not licensed. The term was selected after substantial discussion at the time of construction. FINANCIAL IMPACT: There is no financial impact associated with the potential name change. Wayfaring signs in the County campus area would need to be changed if a new name is selected after signs are ordered and mounted, which would incur an unknown cost. RECOMMENDATION(S): The Manager recommends that the Board review and discuss the letter and current license agreement, determine and decide whether to rename the facility, and provide any necessary direction to staff. 3 '~'~ FARMERS' MARKET H ISTORIC HILLSBOROUGH February 28, 2011 Mr. Frank Clifton Orange County Manager 200 South Cameron Street PO Box 8181 Hillsborough, NC 27278 Dear Mr. Clifton, I am writing this letter on behalf of the Eno River Farmers' Market (ERFM). As you know we use the Public Market House on E. Margaret Lane for our Saturday and mid-week mazkets. It is a great facility and we appreciate the support that you have extended to the market and look forward to working with you into the future. The main challenge for any farmers' market is exposure to potential customers. Research tells us that'town and county :residents often don't know where the Public Market House is located. We use' various avenues to promote the ERFM including newspaper articles, a website, and social media. In addition, signs are a big help in drawing people to the mazket. However the new sign ordinances in Hillsborough will eliminate most of the temporary signs we currently use. It is my understanding that the Orange County will install "way finding" signs in Hillsborough. 'The Public Market House will be included on this sign. We would like for you to consider changing the name of the Public Market House to one of the following names: • Farmers' Mazket Pavilion • Farmers' Mazket House This more descriptive name for the Public Market House would give citizens and visitors to Hillsborough a good indication that the farmers' market is held on E. Margaret Lane. Hopefully they will become interested and investigate further and find us on Saturday mornings. The name change may seem simple but it will be a big help in attracting customers to our growing mazket. We also believe that because the farmers' mazket has by far the most numerous events held at the Margaret Lane property, citizens and visitors will come to know the location by the name of the facility. Thank you for your consideration and please let me know if you have questions or comments (336-504-7268). Sincerely, y R `Rogers : , President, Elio River Farme'rs' Nlaiket' " 4 North Carolina Orange County LICENSE AGREEMENT This License Agreement is made effective as of this the j~''~- day of May 2009, by and between the ENO RIVER FARMERS' MARKET, INC., a North Carolina non-profit corporation having an address of 8707 Art Road, Cedar Grove, North Carolina 27231 (the "Market"} and ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate, a political subdivision of the State of .North Carolina, having an address of P.O. Box 8181, Hillsborough, North Carolina. 27278 (the "County'. WITNESSETH: WHEREAS, in February 2008 the County approved the temporary administration and operation of a Farmers' Market at the County owned Public Market House by the County; and WHEREAS, the County directed at that time that its operation and admuustration of the Farmers' Market be wholly replaced by and entity i~adependent of the County as soon as practicable thereafter; and WHEREAS, on January 14, 2009, the Market was organized in the State of North Carolina as an independent non-profit corporation by the filing of Articles of Incorporation with .the North Carolina Secretary of State; and WHEREAS, the Market is prepared and desires to assume the administrative duties and operational responsibilities for the Farmers' Market; and WHEREAS, the County desires the Market to assume the administxative duties and operational responsibilities for the Farmers' Market; and WHEREAS, the Market desires a license for the use of the County's Public Market House for farmers' markets subject to the terms of this License Agreement; and WHEREAS, the County desires the Market to utilize the County's Public Market House for farmers' markets subject to the terms of this License Agreement.. NOW, THEREFORE, far good and valuable consideration, and subject to the terms and conditions hereinafter set forth, the County does hereby license unto the Market and Market does hereby accept as Market of the County the use of the Public Market House as described more fully herein. 5 SECTION ONE GRANT OF LICENSE: DESCRIPTION OF PREMISES AND HOURS OF OPERATION County hereby grants to Market a license to occupy and use the County owned facility commonly known as the "Orange County Public Market House" located directly behind the Orange County District Attorney's Office at 120 East Margaret Lane, Hillsborough, North Carolina {the "Public Market House"}. Market shall be permitted hereby to occupy the Public Market House as follows: (A) Every Saturday throughout the term of this Agreement during the hours of 6:00 AM-1:00 PM; (B) Every Tuesday throughout the term of this Agreement during the hours of 4:00 PM-b:00 PM; and (C) Additional days and times throughout the calendar year to serve such specialty and holiday marke#s on a "first come first serve" basis as scheduled with the Orange County Parks and Recreation Department. County hereby agrees not #o schedule other events on the Public Market House during the times and dates set forth in Subsections A-C above. County further agrees to make utilities available at the market house (to include power and water) and to provide the market with access to the restrooms located on the Public Market House during the times and days listed above. SECTION TWO LIMTTATION TO DESCRIBED PURPOSE Market shall utilize the Public Market House for the limited purpose of operating a farmers' market on the Public Market House. SECTION THREE PERIODIC PAYMENTS Market shall pay County for Phis license at the rate of One Dollar ($1.00) per year payable in advance. SECTION FOUR TERM & TERMINATION This License Agreement shall be valid for a period of three (3) years beginning on April 1, 2009. County and Market agree to discuss extending this initial three year term for an additional two (2) year term prior to its natural expixation. However, the parties understand and agree that the payment terms described herein reflect a concession on the part of the County in order to conkinue its assistance in establishing a viable farmers market. The payment for the license following the expiration of the initial three year term is likely to be increased at that time to the then current rate charged to other groups or individuals using the market house. Either party may terminate this License Agreement at any time, without regard to payment periods by giving written notice to the other specifying the date of termination. County and Market shall use their best efforts to provide the other party a minimum of thirty (3fl) days prior written notice of its intent to terminate this Agreement. SECTION FIVE MARKET CONTACT Market hereby provides County with the contact information of two (2) individuals that County may contact during the hours in which the farmers market is open to address any and all immediate issues that may arise in regard to this License Agreement. ~~ 5", r ~-3 `3 t R - ~3 z.- Sl ~Z ~w~ ~~.~-~a ~ ~ ca-•~. Narxie Telephone Number Ecnail Address Name Telephone Number Email Address SECTION SIX CONDTTION OF PUBLIC MARKET HOUSE & COMPENSATION FOR DAMAGE Market shaIl clear the Public Market House {including the restrooms) of all trash and debris at the end of each day in which the farmers market operates throughout the term of this License Agreement. Market agrees that it shall make all reasonable repairs to the Public Market House for damages directly attributed to its use of the Public Market House by Market or by and vendor at the Market. SECTION .SEVEN 1NSURANCE Market shall obtain, at its sole expense, general liability insurance insuring against any and all losses at the market house during the Market's use thereof. This policy shall provide coverage in the amount of no less than One Million Dollars ($1,000,000). Insurance policies shall be endorsed (1) to show Orange County as additional insured, as their interests may appear and (2) to amend cancellation notice to 30 days, pursuant to North Carolina law. Certificates of insurance shall be signed by a licensed North Carolina agent and be amended to show "Hurry (30) days' notice of change or cancellation will be given to the Orange County Risk Manager by certified mail." SECTION EIGHT RELATIONSHII' OF PARTIES 7 It is expressly agreed and understood that this License Agreement shall not operate or be construed to create the relationship of landlord and tenant between County and Market whatsoever. Neither Market nor any employee of the Market shall be deemed an officer, employee or agent of the County. SECTION NINE INDEMNIFICATION Market agzees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or misconduct of the Market, except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this section to require Market to indemnify the County to the extent permitted under North Carolina Iaw. SECTION TEN MISCELLANEOUS It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each parry or an authorized representative of each party. By signing below, the representative of Market warrants that he/she is authorized to execute this Agreement on behalf -of Market, and that he/she has obtained all authorizations, approvals, and resolutions from Market that are necessary in order to duly bind Market to this Agreement. 8 Iu witness whereof, each party to this agreement has caused it to be executed on the date first written above. ENO RIVER F RS' MARKET, INC. Name: .~~~ S. ~~~~ Title: ~~~ .GJe. t ORANGE CO R AR LIMA .r gy; '. Valerie P. Fous ee,'~G 'r Orange County Board of Commissioners APPROVED 3/3/2009 9 Oranue County Property Naming Policy Policy Statement County owned buildings, facilities and land shall bear such names as the Orange County Board of Commissioners shall approve pursuant to this policy. This policy follows all applicable local, state and federal laws, rules and regulations. Purpose This policy is to establish the Board of County Commissioners as the responsible authority for naming County buildings, facilities, and land. Guidelines 2.1. The naming of public buildings, facilities and land shall be done only by the Board of County Commissioners by resolution adopted by majority vote. 2.1.1. Property to be given names or titles shall be either owned by Orange County government or leased by Orange County government for its use. 2.1.2. Properties to be named or given a title include buildings, any areas in buildings, other physical facilities, collections of books, records or other printed or audio- visual materials, land or water areas 2.1.3. Official names or titles for property belonging to the County shall only be changed by the Board of County Commissioners as it deems appropriate. 2.1.4. Current names for property belonging to the County shall remain the same unless changed by the Board of County Commissioners upon relocation or change in function of the property. 2.1.5. No property belonging to Orange County shall be named for living persons with the following exceptions. a. Living persons who make a significant monetary contribution to the development of a public building or facility when such a contribution is made with the intent and agreement of the Board of County Commissioners that said building or facility will be named for the contributor b. Leased property that has been conferred a name by the lessor that is a person's name need not be renamed if it has locational or other value 2.1.6 Official names or titles for property belonging to or leased by the County shall be based upon geographical, historical, ecological, functional, or other such factors as the Board of County Commissioners deems appropriate. If a geographical reference of locational value is derived from the name of a person, such as a street name, it may be used in naming County property. a. A public building/facility under construction/renovation or land purchased for park development or conservation/preservation will be APPROVED 3/3/2009 ~ ~ given a "working title" which will only become the official title of the property when formally approved as such by the BOCC b. Memorial naming of a public building, facility or land is in addition to the official title of the building/facility/land -and is bestowed in accordance with Section 2.2 of this policy c. Leased property naming will respect historical names that may already be attached to the facility or as may be negotiated with the owner of the building. 2.1.7 Exceptions to this policy of naming property belonging to the County may be made by the Board of County Commissioners as it deems appropriate. 2.1.8 This policy does not apply to the naming of public streets, roads, alleys and other similar thoroughfares. 2.1.9 This policy shall not be construed as the mechanism for selling the non- permanent naming rights to County structures, buildings, facilities or land. 2.2. Memorial Naming (in honor of a deceased individual) of Public Buildings, Facilities, or Land: In the event Orange County wishes to honor a deceased individual by naming a public building, facility or land after such an individual, the following shall apply: 2.2.1. The person who is being honored by such a memorial shall have made a significant contribution to the well-being and betterment of Orange County. 2.2.2. The party requesting a memorial shall submit a brief biography of the person to Orange County government for recording purposes. 2.2.3. The memorial naming of a public building, facility or land will be in addition to the official name as defined in Section 2.1.6 of this policy. 2.2.4. Renaming a public building, facility or land which has previously been named in honor of or in memorial to an individual shall only be done in extraordinary circumstances as determined by the Board. Procedures 2.3. A public building/facility under construction/renovation or land purchased for park development or conservation/preservation shall be given a "working title" by staff for easy identification of the property. 2.4. The proposed naming of a public building, facility or land may be generated in the following manner. a. Staff shall recommend to the BOCC an official title of the public building, facility or land in accordance with Section 2.1.6 of this policy. Such recommended by staff will be made prior to the completion of any project to construct, renovate or develop the property. b. Any person, firm or association may propose a name for a County owned building, facility or land by submitting the proposal in writing to the County Manager or Clerk to the Board; and that all recommendations would be forwarded to the Board of County Commissioners. APPROVED 3/3/2009 1 1 c. Under certain circumstances the BOCC may wish to set in place a public process for soliciting input in the official naming of a public building, facility or land. 2.5. The County Manager shall prepare a report with recommendations for the proposed naming of the public building, facility or land and present it to the BOCC for consideration at a regularly scheduled public meeting. 2.6. Upon receipt of the report and the recommendations of the manager the BOCC will state its intent to consider the adoption of a resolution for the naming or renaming of the public building, facility or land at the next or some subsequent meeting as determined by the BOCC. 2.7. The Board may determine the public building, facility or land is of significant public interest and direct a notice be published informing the public of the Board's intent to consider the naming or renaming of the public building, facility or land and fix a time and place for a public hearing on the question. 2.8. Upon approval of the resolution by the BOCC, the public building, facility or land shall bear the name assigned to it from and after the date of Board action or such subsequent date as the BOCC may prescribe.