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HomeMy WebLinkAboutAgenda - 01-15-2008-6aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 15, 2008 Action Agenda Item No. ~n -~ SUBJECT: Next Steps for Farmers' Market Based on Mediation Process DEPARTMENT: Cooperative Extension PUBLIC HEARING: (Y/N) No Orange County Center ATTACHMENT(S): INFORMATION CONTACT: • Excerpt from October 9, 2007 BOCC Minutes • Facilitator's Report -Dispute Settlement Center Dr. Fletcher Barber, Jr., 245-2051 Mark Danieley, 245-2062 PURPOSE: To provide the Board of Commissioners with an opportunity to discuss the next steps relative to the administration and operation of a Farmers' Market at the Public Market House. BACKGROUND: At the October 9, 2007 Board of County Commissioners' meeting, the Board received draft guidelines to direct the operation of the Public Market House facility as a Farmers' Market. The Board of County Commissioners instructed the Manager and Cooperative Extension Staff to make changes to the draft guidelines as suggested by the Board. These draft guidelines have also been shared with the two groups in the community who are interested in maintaining a presence in the new Public Market House. The Board also authorized the initial pursuit of a mediation process for the various interests to determine opportunities for working together on the administration and operation of a Farmers' Market. An excerpt from the October 9t Board meeting minutes is attached. Following the October 9th meeting, the Dispute Settlement Center, with some minimal organizational assistance from County Staff, worked to bring the various community interest groups together for discussion. At the December 11, 2007 Board meeting, the County Commissioners approved an additional 15 hours of mediation, for a total of 25 hours. A mediation meeting was convened on December 12th, where there was agreement among the two separate community interest groups to proceed as separate Farmers' Markets. Staff is recommending a farmers' market be established at the Public Market House as early as March of this year. Based on the outcome of the mediation process, staff proposes three options for Board consideration. Those options are: 1) Allow both farmers' market organizations to lease space at the Public Market House under rules and regulations yet to be established by the BOCC; 2) Select one of the two farmers' market organizations to lease space at the Public Market House and operate under said rules; or 3) The County operate a farmers' market at the Public Market House under an organizational structure set up with rules and regulations to be established by the Board at a future BOCC meeting. Under this option, no other farmers' market would operate at the Public Market House or on any other county owned property. FINANCIAL IMPACT: A financial impact has already been incurred by the County and both community groups involved in mediation with the Dispute Settlement Center, with the groups being expected to pay their portions of the cost for mediation to the County. There is no financial impact associated with additional discussion by the Board on the next steps relative to the administration and operation of a Farmers' Market at the Public Market House. However, depending on those discussions and any decisions the Board may make, there may be associated financial impacts that will need to be considered. RECOMMENDATION(S): The Manager recommends that the .Board select Option #3 above and provide any additional comments or direction to staff related to next steps for a farmers' market at the Public Market House. Based on the Board's decision, staff will bring back for additional Board consideration any necessary documents, including the draft guidelines, Market House By-laws, and/or any other standards. w~, , Commissioner Gordon suggested adding that this be brought back within 60 days. Commissioner Jacobs agreed to add, "in a timely manner, before the holiday break." VOTE: Ayes, 4; Nay, 1 (Commissioner Nelson) Geof Gledhill said that at the next meeting the Board would see an amended budget ordinance. Frances Johnson asked to speak as a resident of Fairview. She said that there is no park in Fairview, and there is nothing there but some swings and a sliding board. She said that there is no excuse for this park and the fee should never have been applied. Chair Carey said that he and Frances Johnson have discussed this before and the plans to build a real park. This will be done. Frances Johnson said that she has been on committees forever and there have been many grants that have promised things for Fairview. She is very frustrated. b. Hillsborough Farmer's Market Draft Guidelines ,~`= The Board considered best management practices to be used in the operation of a farmer's market to be held at the Public Market House and mediation options. County Extension Director Fletcher Barber said that he was asked to bring back suggested guidelines for the use of the Public Market House as a farmers market. Since the department was tasked to do this, the staff has looked at guidelines for all over the nation and locally. Some of these guidelines are included in the packet. He made reference to the sheet entitled, "Tenant requirement for leasing the Public Market House for use as a farmer's market." He reviewed this page. He pointed out that Orange County government would have the final authority over the Public Market House, and it will lease the shelter to one farmers market organization or tenant that agrees to the items listed. There will be a formal agreement between Orange County government and this tenant. Also, a market manager is very important and will work for the market under the jurisdiction of the Board of Directors. In some cases, this manager is a paid individual and not a vendor. If the revenues are not enough to have a paid market manager, this person would still fall under the jurisdiction of the Board of Directors, which is made up of vendors. Also, liability insurance is important and must cover anyone that uses the facility for the purpose of a farmers market. The fee will be set by the County and should be a minimum of $1 million. Willie Best said that there is also a financial impact for mediation services of the two farmers market groups of $75/hour. Commissioner Gordon asked how the County would choose a group. Fletcher Barber said that he would hope that there could be one Board of Directors. His thought was to take the names of all of the vendors and put them on a list in a room to vote, and each person would have nine votes. This could start off the original Board of Directors. Another suggestion is, if there are nine board members, there could be seven as vendors and two County representatives for one year, in the hopes that the board could be more solidified and the County representatives could then move off. Fletcher Barber said that in all of his years working in Cooperative Extension, this is the first time he has faced a situation such as this. He hopes to have unity in the community and not discord. He would like to recommend having one farmers market. Chair Carey said that he hopes that there is harmony too, but there should be a contingency plan. Commissioner Foushee said that she could see the possibility of there being more than two groups. She said that it would seem that the Board of Directors would be decided before they accept any applications, since the board would make decisions on the vendors. 0 Commissioner Jacobs said that part of the mediation is to figure out who should be at the table. He suggested letting the process run its course and see what happens. Regarding the issue of who is on the Board of Directors, he suggested reserving a couple of places for public members. Mayor Stevens volunteered to participate as a customer. Commissioner Jacobs made reference to the selection of vendors, the first bullet, and asked why it said to give preference to "local farmers" and not "Orange County farmers." Fletcher Barber said that, in most cases, other localities are saying 70 miles out, etc. At first, Orange County's said 50 miles out. The intent was to get some diversity and not put a limitation by just saying "Orange County". Commissioner Jacobs said that it is just a preference and not exclusionary. He would like to give the preference to Orange County farmers. If there is a need that is not being met by Orange County vendors, then vendors can come from elsewhere. Chair Carey agreed and said that the comments imply that there may be several different models for selecting who is going to run the facility. He wants it to be clear. Chair Carey made reference to the first bullet and including artisans and bakers, if allowed. He thinks that it would be a mistake not to include artisans and bakers. Also, the third bullet says, "possibly arts and crafts and baked goods." He asked that this language be taken out because he does not want to consider not allowing artisans and bakers. Also, when the Public Market House is not being used for the farmers market, he would like it to be available for other public uses. He wants to be clear about this. Commissioner Gordon said that she agrees with Chair Carey's comments that the rationale behind the market house is that it would be used by others when the farmers `s market is not being held. She said that these are draft guidelines. Chair Carey said that staff could take comments and come back to the Board with more detail in a similar format. Fletcher Barber said that both groups have been asking if the mediation is to be done by Andy Sachs or if the groups can recommend others. Chair Carey said that the County has a lot of experience with Andy Sachs. It might prolong the process if it were opened up for discussion. Commissioner Jacobs suggested a second sentence on page 3: "This is a multi-use facility that will have specific guidelines for use as a farmers market." Chair Carey asked if the Board agreed with having the Dispute Settlement Center as the mediator and all agreed. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to direct staff to share these draft guidelines with all the various interests, including the two groups interested in maintaining the traditional Hillsborough farmers market in the new Public Market House, to gain their insight and perspective; direct staff to extend in writing the County's offer to assist with mediation of the differences between the various interests, with the County paying 50% of the costs for mediation for up to 10 hours of mediation preparation and actual meeting time; and request that all mediation efforts be completed by the end of the 2007 calendar year and that a set'of final draft guidelines be brought back to the Board at the first regular Board meeting on January 15, 2008 for additional review and approval; with the changes as stated above -addition of second sentence on page 3 and elimination of the qualifying statements about artisans and bakers. VOTE: UNANIMOUS c. Orange County Partnership for Young Children Garden Project Grant The Board considered a grant from the Orange County Partnership for Young Children for the N. C. Cooperative Extension to assist in developing community gardens for children and families in Orange County and authorize the Chair to sign. Executive Director of Orange County Partnership for Young Children Michelle Rivest asked the Board for support of a contract between the organization and Cooperative Extension Facilitator's Report Farmers' Market Mediation The meeting convened at the Exchange Club in Hillsborough on December 12, 2007 at approximately 9:30 AM and adjourned at approximately 2:15 PM. Nine people attended: Fletcher Barber, Jr., Ben Bergmann; Beverly Blythe, Mark Danieley, Jeffiy Goodrum, Paul Reil, Jim Shanley, Kim Steffan (attorney for the unincorporated group), and Andy Sachs (mediator, Dispute Settlement Center). The group adopted the meeting plan that had been distributed to all invitees in advance (see attached), including five desired outcomes, an agenda, and a set of ground rules. County's Guidelines for using the Public Market House Dr. Barber distributed the most recent version of the County's "Tenant Requirements for Leasing the Public Market House for Use as a Farmers' Market." He and the meeting attendees noted three differences from the October 9, 2007 draft: (1) The first item under Selection of Vendors directs the lessee's Board of Directors to give preference to Orange County farmers (the draft said "local" farmers), including artisans and bakers (the draft said "including artisans and bakers if allowed by the board"); (2) No alcoholic beverages are permitted; and (3) No pets are allowed. The incorporated group distributed a letter to Dr. Barber dated December 11, 2007 with their comments on the October 9 draft. The unincorporated group committed to providing written comments to Dr. Barber, and noted that the only concern they have at this point is the proposed prohibition against pets. After a brief discussion of the prohibition against pets, Dr. Barber said that he will check with the North Carolina Department of Agriculture regarding the issue. Ms. Blythe said that she will send to Dr. Barber by the end of next week information that she has regarding pets and farmers' markets. Dr. Barber said that he is scheduled for January 15, 2008 to make a recommendation on the guidelines to the Board of County Commissioners, and that he will do so based on the information he receives from the public, including the unincorporated and incorporated farmers' market groups. He said that the Board and County Manager will define the decision making steps for this issue on or after January 15. Dr. Barber said that once the process is defined he will inform the two groups. Can We Create a Unified Farmers Market? The meeting attendees brainstormed reasons for why a unified farmers' market might be desirable, as follows: • Community relations • Strength in numbers • Less work for everyone • Small town needs only one farmers' market • Synergy of vendors • Less cost for vendors 0 • Customers don't have to choose • More variety for customers • Easier on County to have one group to deal with • Membership of unincorporated group voted on June 14 to stay unified. The meeting attendees then brainstormed reasons for why separate farmers' markets might be desirable, as follows: • Each follow our respective (different) vision • Each group is made up of people who hold different philosophies • Continued tension and disagreement can result in market not meeting the community's needs • Large group of members would leave the unincorporated group if the leaders from the incorporated group were to be a part of the unified group • Increased cost to vendors • Varying views of leadership • Neither group will relinquish their own group to join with the other • ,Two groups could be supported within Orange County (but not within Hillsborough alone) • Unincorporated membership expects a continuation of how Hillsborough Farmers' Market has operated. • Customers expect a continuation. • There are two different sets of customers: some of whom want continuity and some of whom want change. • There has been too much water under the bridge. The meeting attendees then talked in more detail about the ideas they had brainstormed. The mediator noted the following points: The unincorporated group would not have a paid market manager, and would be volunteer-operated. Therefore, its operating costs would be kept low. The unincorporated group does not believe that the incorporated group intends to keep costs minimal - it looks like the annual fee would be about $460 -and so is concerned about losing some artisans and crafters. The incorporated group envisions recapturing its operating costs through increased profits. At first, the choice appears to be between "growth" and "sleep." But the unincorporated group would not pose the differences in that way. The unincorporated group would describe. its values as including "small town," "community," "knowing each other," and "greeting and talking with customers." The incorporated group said that it too has those values, but seeks to increase the community involvement and customer volume from where it is today. Group members noted significant overlaps across the two groups' philosophies, but also suggested that an area of difference is "where the energy would be placed with respect to promotion." The incorporated group would promote a market for farmers that are bigger in economic scale, one group member said, while the unincorporated group would promote opportunities for "smaller, new farmers." A representative from the incorporated group said that he wanted to promote all farmers, regardless of size or scale. The difference Dispute Settlement Center of Orange County, Carrboro NC 2 a across the two groups, he said, was that the incorporated group wanted to increase customer traffic at the market. Finally, the incorporated group said that its members would likely continue to be involved in a unified market, but the unincorporated group said that most of its members are not expected to continue if the two groups merged. Based on this discussion, the meeting attendees then identified five key challenges to be address if the two groups were to attempt unification: 1. Repairing interpersonal relationships (e.g., rebuilding trust) 2. Establishing a board that functions well (e.g., leadership) 3. Unifying the two groups' philosophies 4. Getting support for unification from the memberships of the two groups 5. Establishing consensus on how the market would be run (bylaws and other rules). The unincorporated group representatives said that it could not work with the incorporated group toward a unified market, because the members of the unincorporated group viewed the incorporated group as lacking ethics and trustworthiness. Representatives from the incorporated group said that it would not be easy to overcome this, but they were willing to try. The meeting attendees then tried to clarify how the two philosophies and/or expectations about operating the market differ. One meeting participant from the incorporated group suggested, "It all comes down to governance and transparency." He explained that as a member of the unincorporated group, he was dissatisfied that one person could simultaneously serve as board member, market manager, and treasurer. He said that the methods used for involving the members in decision making were dissatisfying to him, and that he and others experienced too much uncertainty with respect to decision-making and fiscal management. He also had concerns about the process that was used for reviewing and accepting membership applications. He asked the members of the unincorporated group to explain how they would be organizing themselves to meet the anticipated guidelines for the Public Market House. The unincorporated group members said that they envision a separation across the roles of market manager and Board treasurer. The Board would be composed of 5-9 people. The market manager would be a member of the Board. One person might hold the secretary/treasurer position. The market manager would not "subservient" to the Board, but instead would be a member of a team along with other Board members. The Board would be partially self-appointing and partially elected by the membership. In response to a question from the incorporated group, Ms. Blythe said that she might serve as the market manager and on the Board. The incorporated group then acknowledged that the differences in the expected organizational structure would be irreconcilable with the values of the incorporated group. Representatives from both groups now were in consensus that the two groups would not unify. The meeting attendees noted that there would be challenges to separating, especially the challenge of ensuring a positive co-existence and complementing each other. The Dispute Settlement Center of Orange County, Carrboro NC 3 0 attendees identified issues needing resolution under a separation scenario, and clarified or resolved those issues as follows: The name The incorporated group readily agreed to dissolve within three weeks from today the organization they had created under the name, Hillsborough Farmers' Market, including the "d/b/a" registered with the Orange County Register of Deeds and the corporation registered with the NC Secretary of State. Ms. Steffan will provide to Mr. Goodrum by the end of this week language to include in the articles of dissolution to ensure that another group can make use of the name immediately. Mr. Goodrum will include that language . Mr. Goodrum will send the stamped copies of the articles of dissolution and the withdrawal of the Certificate of Assumed Name as soon as they are returned to him from the Secretary of State and the Register of Deeds, respectively, so that Ms. Steffan will be notified right away that these tasks have been completed. Answering customer inquiries All meeting participants seek "to take the high road" with respect to how they communicate to the community about the resolution of these issues. The general principle to follow will be to speak only about one's own organization, and not about the other. For example, the unincorporated group can say, "We are the Hillsborough Farmers' Market, and we will continue to meet the community's needs." Both groups can acknowledge that the two groups have differences in philosophy about how a farmers' market should be operated, especially around leadership and management. Answering inquiries from news media The meeting attendees agreed to use the following statement in response to inquiries from the news media, if any response is to be provided at all (some group members may choose not to respond): "The meeting convened at approximately 9:30 AM and adjourned at approximately 2:15 PM. Nine people attended: Fletcher Barber, Ben Bergmann, Beverly Blythe, Mark Danieley, Jeffry Goodrum, Paul Reil, Jim Shanley, Kim Steffan, and Andy Sachs (mediator, Dispute Settlement Center). The group adopted the meeting plan that had been distributed to all invitees in advance (see attached), including five desired outcomes, an agenda, and a set of ground rules. Dispute Settlement Center of Orange County, Carrboro NC 4 O A meeting report is being prepared by the mediator for review by the meeting participants before it is submitted to the County. There was agreement to proceed with two separate farmers' markets. The unincorporated association that has existed since 1987 will continue under the name Hillsborough Farmers' Market. The incorporated group will start a new farmers' market under a new name. Both groups look forward to serving the community." Liaison across the two groups, if problems should arise Any of the officers of the incorporated group will be .available to respond to inquiries and problem solve with any of the members of the unincorporated group's management team. The representatives from both groups agreed to communicate with their own membership in order to encourage that all members "take the high road." All will "do what is right." If problems arise, leaders from both groups will communicate in order to reach a resolution. What is the end of the membership term for the unincorporated group? Applications are due to the unincorporated group on January 15, 2008 for farms interested in membership for next year (i.e., the 2008 season). Applicants will be notified if their membership has been accepted by January 30, 2008. The last day of membership in the unincorporated group for the current farmers market season is February 2, 2008 at noon. The annual meeting will be February 9, 2008. How to help each other, or at least stay out of each other's way? The timing, location and name of the two farmers' markets are issues around which the two groups could have impacts upon each other: There are no agreements at this point with respect to these issues (other than the incorporated group dissolving the organization it created under the name Hillsborough Farmers Market as noted above). Both groups expect the other to operate in ways that serve each group's own interests, which may include sufficient separation in space or time to avoid confusing customers or "poaching" from one another. The two groups "agreed to disagree" as to the importance of the unincorporated group's 20-year history operating a farmers' market downtown in deciding where or when either of the two markets would operate. Grant request to the Hillsborough Tourism Board Dispute Settlement Center of Orange County, Carrboro NC 5 10 Meeting attendees acknowledged that their conflict caused the HTB some confusion, and will report independently to the Board that "the confusion is cleared up" because the two groups have agreed to separate. The unincorporated group intends to pursue the grant. The incorporated group was not sure during this meeting if it would advocate for the grant funds this year. Both groups agree to reassure the HTB that ultimately the decision to grant the funds is the Board's to make. Insurance on the SunTrust property In response to an inquiry from the incorporated group, the unincorporated group reported that it has `slip and fall" insurance for the SunTrust property and the Wednesday market site of up to a million dollars, purchased "earlier in the season" from Ballard Insurance Company. If the unincorporated group enters into a lease with the County for the Public Market House, that site can be included on this insurance policy. Wrap Up The group asked Mr. Sachs to draft a meeting report, distribute it with a deadline for comment, and then submit a completed report to the County. Dr. Barber clarified that each of the two groups was willing to share one-half of the costs of the mediation (that is, each group would pay the County for 25% of the costs). Dr. Barber thanked the groups for being willing share in the costs, and said he would invoice both of them when the final costs are known. The group evaluated the mediation process together, and adjourned at approximately 2:15 PM Dispute Settlement Center of Orange County, Carrboro NC 6 !i Attachment to Facilitator's Report Farmers' Market Mediation Meeting Plan First Joint Session, Farmers Market Mediation December 12, 2007 Exchange Club, Hillsborough Invitees (9): Fletcher Barber (resource to the whole group), Ben Bergmann, Beverly Blythe, Mark Danieley (resource to the whole group), Jeffry Goodrum, Paul Reif, Jim Shanley, Kim Steffan (resource to the unincorporated group), Andy Sachs (mediator) Desired Outcomes • Clear and agreed upon framework for the mediation process. • Feedback to the County on its draft guidelines for the Public Market House. • Clarification by the County of its decision-making process and timeline regarding the guidelines. • Consideration of whether and if so then how the incorporated and unincorporated groups can create a unified farmers market. • Consideration of how the two groups will co-exist, in the absence of a unified farmers market. Agenda 9:30 Convene • Introductions • Review/adopt meeting purposes, meeting agenda, meeting groundrules (see draft purposes, agenda and ground rules as starting point for review/revision/adoption). 10:15 County's guidelines for using the Public Market House • Quick feedback to County staff from both groups (no consensus needed). • Clarification by County staff of the BOCC's decision making process and timeline regarding the guidelines (no consensus needed). 10:35 Can we create a unified farmers market? • Do both sides think a unified market is desirable? Why or why not? • What are the challenges to creating a unified market? .Are we committed in general to addressing those challenges together? Why or why not? • If there is a general commitment to addressing those challenges together, then what shall be our shared plan for addressing the challenges? • If there will not be a unified farmers market, then how will the two farmers markets co-exist? 12:00 .Lunch Break, if needed 1:00 Continue discussion, if needed Dispute Settlement Center of Orange County, Carrboro NC 7 (~ 2:00 Wrap Up • Clarify areas of understanding, agreement, and disagreement. • What outcomes do we want to document, and for what purposes? • Who'll do a first draft, and what is the process for review and commitment? • What and how shall we report to the Board of County Commissioners? • Meeting evaluation -What worked well at this session? What would we want to do differently or better in any future meetings? 3:00 Adjourn Ground Rules [Adopted by all of the meeting attendees) In recognition that the participants in this meeting need to operate and abide by the same set of effective rules for mediation, all will be asked to commit to the following in writing at the start of the session: 1. We agree to try to communicate with each other effectively, to try understanding each other's perspectives and, for issues where agreement is mutually desired, to try to reach agreement by each of us making a free and well-informed choice. 2. We understand and agree that any participant in this mediation may withdraw from mediation at any time for any reason. 3. We understand and agree that the Dispute Settlement Center (DSC) and its mediators ,give no opinion regarding the legal effect of our participation in this mediation, of these groundrules, or of any resolution that is reached. We understand that DSC (including its mediators, employees and volunteers) does not provide legal advice of any kind. 4. We are free to seek the advice of a lawyer or any other professionals that might assist us in understanding our options. 5. In consideration for DSC providing mediation services to us, we each waive the rights to subpoena and compel DSC, its employees, or volunteers, or any work products, to be called into any subsequent court action involving the matters under discussion in this mediation. 6. We agree that all information presented in this mediation is inadmissible in any court action, unless the information would be otherwise discoverable. 7. We acknowledge that the individuals participating. in this mediation from the incorporated and unincorporated farmers markets are representatives of their respective groups. As representatives from those groups, they agree to: Dispute Settlement Center of Orange County, Carrboro NC 8 13 a) Accurately and effectively represent the interests and concerns of their organizations to one another and to the mediator. b) Accurately and effectively represent to their organizations the progress of these discussions and the interests and concerns expressed by the other participants in these discussions. c) Provide ongoing opportunities for their constituents and for the decision makers within their organizations to consult with them on the issues being discussed and on the progress of these discussions. 8. Private consultations may be held at any time during the mediation session upon request by the mediator or by a participant in this mediation, so that the participants can confer with the others .from their respective groups, or with resource persons, or so that the mediator can meet privately with any participant(s) or resource person(s). 9. All participants will adhere to the following protocols: a) Listen attentively (e.g., initiate no side conversations or other distractions when others are talking. b) One speaker at a time (e.g., don't interrupt the speaker) c) Stick to task and topic. d) Share the floor (e.g., be concise and encourage others to share their ideas) e) It is OK to disagree...please do so respectfully. 10. It is acknowledged and acceptable to all of the parties that Orange County is paying DSC to provide these mediation services. 11. We will bring to the mediator's immediate attention any concerns about the mediator's neutrality or any other aspects of the mediator's performance, and will attempt to resolve those concerns in collaboration with the mediator. 12. Signatures, with date: Jeffiy Goodrum, for the incorporated group Jim Shanley, for the incorporated group Ben Bergmann, for the incorporated group Beverly Blythe, for the unincorporated group Paul Reil, for the unincorporated group Kim Steffan, resource to the unincorporated group Fletcher Barber, resource to the whole group, Mark Danieley, resource to the whole group, Andy Sachs, mediator Dispute Settlement Center of Orange County, Carrboro NC 9