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HomeMy WebLinkAboutAgenda - 02-05-2008-6bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February5, 2008 Action Agenda. Item No. _ _k SUBJECT: Next Steps on Farmers' Market DEPARTMENT: Cooperative Extension PUBLIC HEARING: (Y/N) Orange County Center No ATTACHMENT(S): 1- Public Market House Considerations 2-Tenant Requirements for Leasing the Public Market House for Use as a Farmers' Market 3- Farmers' Market at the Public Market House - Proposed By-Laws 4- Proposed Rules for the Farmers' Market at the Public Market House (INFORMATION CONTACT: Dr. Fletcher Barber, Jr., 245-2051 Mark Danieley, 245-2062 PURPOSE: To provide the Board of Commissioners an opportunity to further discuss next steps to be used in the administration and operation of a Farmers' Market at the Public Market House. BACKGROUND: At the January 15, 2008 Board of County Commissioners' meeting, the Board received the Manager's recommendation with a number of questions reference the operation of the Public Market House as a Farmers' Market. Following the Manager's report, comments were received from the public. The Board instructed the Manager and staff to further examine the three options listed below: 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; or 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. Suggested recommendations to address the questions raised at the January 15, 2008 BOCC meeting are listed below: 1. How will the Market Manager's position be funded? The Market Manager's position will be funded through the daily vendor fees. 2. Who is responsible for the overall operation of the Farmers' Market and supervision of the Market Manager? The BOCC will appoint a Governing Board, who will supervise the Farmers' Market and Market Manager. The Governing Board will be responsible for developing the rules and guidelines for the Farmers' Market. Cooperative Extension will assist the Governing Board in developing these rules and guidelines. An Application process for appointments to this Governing Board will be put in place and be brought before the BOCC at a later meeting date. 3. How will vendors be selected? Vendor will submit applications to the governing board for approval and acceptance. FINANCIAL IMPACT: Orange County may incur minimal financial impact with the cost of liability insurance and advertisements associated with the operation of the Farmers' Market at the Public Market House. The Market Manager's salary will be paid through vendor fees. RECOMMENDATION(S): The Manager recommends that the Board of County Commissioners: 1) select Option #3 above; 2) authorize staff to proceed with the necessary steps to secure a Market Manager; 3) direct staff to proceed with the necessary steps, including advertising for potential appointees, so that the Board of Commissioners can make some or all appointments to the Farmers' Market Governing Board at the BOCC's February 19, 2008 regular meeting; and 4) provide any additional comments or direction to staff related to next steps for a Farmers' Market at the Public Market House. Public Market House Considerations 3 Pros Cons Option #l: Confusion with two separate market groups County is not involved at all in the operation using the facility Option #2: BOCC will have to determine which group will be allowed to operate as a Farmers' Market at County is not involved at all in the operation the Public Market House Option #3: BOCC will not need to choose a vendor group BOCC will need to appoint a governing board Financial Impact-vendor fees may not be Helps relieve community tensions sufficient to cover all expenses such as advertising and insurance Farmers' Market operations and records will be Some vendors don't want the county to be transparent and open involved in the market Community based governing board would be Some vendors may not be in agreement about unbiased toward either group the daily selling fees County may only be involved for one year - vendor board may be formed for 2009 Will create one unified Market on County property Financial Impacts for Each Option Option # 1: There is no financial impact to the County. Insurance and all associated costs for operating the Farmers' Market will be incurred by the Farmers' Market Groups. Option #2: There is no financial impact to the County. Insurance and all associated costs for operating the Farmers' Market will be incurred by the Farmers' Market Groups. Option #3: Vendor fees Fees will be determined by the governing board. Market Manager - Vendor fees need to be sufficient to pay Market Manager's salary. These fees will be determined by the governing board. (County is not responsible for Market Manager's salary.) Insurance and Advertising: Limited impact with the County needing to provide Liability Insurance and advertising costs. (Although vendor fees may be sufficient to cover these costs.) DRAFT for Options #1 & 2 - Revised based on October 9, 2007 BOCC Discussion 4 Tenant Requirements for Leasing the Public Market House For Use As A Farmers' Market Orange County Government will have final authority over the Public Market House (PMH) and its grounds. This is a multi-use facility that will have specific guidelines for use as a farmers market. It will lease the shelter to one Farmers' Market organization (tenant) that agrees to the following requirements. A formal agreement between Orange County Government and the tenant will include, but not limited to, the following requirements. A Board of Directors (the board will be made up of market vendors) Develops market rules and is responsible for, but not limited to: market operations, marketing, finances, governance, upkeep, and adherence to Federal, State, and Local laws and regulations that pertain to farmers' markets or any activities the Farmers' Market organization holds at the PMH. A Market Manager (who will work for and report to the Board of Directors) Must not be a vendor unless the size of the market and the revenue it generates is not enough to warrant a manager who is not a vendor. If it is necessary for a vendor to be the market manager, the Board of Directors will still have authority over the manager. Selection of Vendors Vendors must be selected and approved by the Board of Directors based on criteria previously adopted by the board. Criteria cannot be discriminatory or based on race, sex, religion, creed, or sexual orientation. The board must, however, develop criteria that: ¦ gives preference to Orange County farmers (including artisans and bakers) ® requires vendors sell only farm products they produce (there will be no reselling of produce, meat, dairy, poultry, flowers, nursery plants, or any other farm products) ¦ provides a good product mix of fresh and value-added agricultural products (including arts and crafts and baked goods) for consumers ¦ ensures products sold are of high quality (all prepared food items, meat, fish, and cheese sold must meet state and local health regulations including the inspection of the prepared foods sellers's kitchens by NCDA health inspectors and labeling in compliance with the regulations) ¦ details requirements for participation requires a commitment from vendors to sell at a substantial number of market sessions during the season ¦ requires vendors to abide by the market's schedule for arrival, set-up, and disassembly ¦ requires vendors to display products within certain guidelines ¦ requires vendors to provide signage that identifies the farm and clearly displays product prices ¦ sets limits on the size of vehicles used by vendors at the market Provision of Safe, Secure, Healthv, and Non-threatening Shopping Conditions The safety, security, health, prevention of threatening or offensive conditions for patrons and vendors is of utmost importance. Provisions must be made to ensure that these issues are accounted for. No animals may be sold or given away at the market. No pets are allowed. No alcoholic beverages are permitted at the market. Liability The Board of Directors is responsible for any liability issues that arise as a result of the use of the PMH while it is in use as a Farmers' Market. Insurance coverage, in the amount required by the county, must be in force any time the PMH and its grounds are being used for that purpose. The Board Of Directors must supply the county with current copies of their certificates of insurance. DRAFT for Consideration with Option #3 Farmers' Market at the Public Market House Proposed By-laws PURPOSE 5 The farmers' market at the Public Market House is being founded to promote direct marketing of farm products from the original producer to the consumer. The goal is to operate a farmers' market in the Hillsborough area which will serve the dual purpose of providing (1) a direct retail outlet for local farmers thereby promoting local agriculture, and (2) an alternative buying arrangement for consumers where high quality fresh products are available at reasonable prices in an atmosphere conducive to the exchange of information and ideas between the original producer and the consumer. BY-LAWS ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS 1. Will appoint the members of the governing board. 2. Will provide report to the Board of County Commissioners within first year of operation. GOVERNING BOARD This committee shall consist of five active vendors to be appointed by the Orange County BOCC. The county extension director and one other Orange County staff member shall be ex- officio, non-voting members of this committee. FUNCTION OF THE GOVERNING BOARD 1. The governing board shall perform its duties according to the authority granted in these By- Laws or as delegated by the Board of County Commissioners. 2. The governing board is charged by the Board of County Commissioners with the duty of operating procedures of the market. The actions of the governing board are at all times subject to review by the Board of County Commissioners and may be overruled by that Board if deemed necessary for the efficient operation of the market. 6 Election of Officers: The Governing board shall hold a regular meeting after appointment and organize by the election of a President, a Vice-President, a Secretary, and a Treasurer (Secretary and Treasurer may be combined into one office of Secretary-Treasurer) each of whom shall hold office until the election and qualification of his/her successor. All officers serve a one year term. Vacancies: Whenever a vacancy occurs in the Governing board, the vacancy will be filled by appointment by the Orange County BOCC. Governing board Meetings: The meeting of the Governing board shall be held at such time and place as the Committee may determine. Special Meetings: A special meeting of the Governing board shall be held whenever called by the President or by two Committee members. Each call for a special meeting shall state the business to be transacted and the time and place of such meeting. Notice of Committee Meetings: Notice of regular or special meetings of the Committee may be mailed to each member, or made in person or by telephone. Such notice shall be given at least 7 days before a regular and 1 day before a special meeting. Committee meetings may be attended by all active members of the market. Quorum: A majority of the Governing board shall constitute a quorum for the transaction of business at any meeting of the Committee. Compensation: Members and officers as such shall not receive any stated salaries for their services, but by resolution of the Committee, the travel expenses of attendance, if any, may be allowed for attendance at each regular or special meeting of the Committee. Removal: Any member of the Governing board may be removed for cause by the Orange County BOCC. DUTIES OF THE GOVERNING BOARD Management of Business: The Governing board shall have general supervision and control of the affairs of the farmers' market and shall make all rules and regulations not inconsistent with the law of the state of North Carolina. The Governing board shall have the authority to promulgate an ethical code of conduct to regulate the activities of members at events sponsored by the farmers' market or under the general auspices thereof. The Governing board shall require proper records to be kept of all business transactions. Checks and Drafts: All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the farmers' market shall be signed by the Treasurer, provided however that the Governing board may authorize any active member to sign any or all such checks, drafts, etc., on behalf of the farmers' market. Such authority may be general or confined to specific instances. Audits: From time to time and least once a year, the Governing board shall review the financial records of the corporation. The Treasurer shall deliver an annual written statement on the financial affairs. At least once each year the Governing board may secure the services of a competent and disinterested public auditor or accountant and render a report in writing thereon, which shall be submitted to the membership of the corporation. Depository of Funds: The Board of Directors shall designate a federally insured bank as the depository for the funds of the corporation. Memberships: The Governing board shall elect new members, terminate memberships, and reinstate memberships as stated in these by-laws. Budget: The Governing board shall recommend an annual operating budget to the BOCC. The annual dues and daily market fee should be sufficient to cover the salary of the market manager as well as other market expenses. DUTIES OF OFFICERS Section 1: Duties of the President: The President shall: (1) preside over all the meetings of the Governing board, (2) call special meetings of the Governing board, (3) perform all acts and duties usually performed by an executive and presiding officer. The President shall perform such other duties as may be prescribed by the Governing board. Section 2: Duties of the Vice-President: The Vice-President shall assist the President, and in the absence or disability of the President, the Vice-President shall perform the duties of the President. The Vice-President shall perform such other duties as may be prescribed by the Governing board. Section 3: Duties of the Secretary and Treasurer: The Secretary shall keep a complete record of all meetings of the Governing board and shall have general charge and supervision of the books and records. He/she shall serve all notices required by law and by these by-laws and shall make a full report of all matters and business pertaining to the office at the annual membership meeting. He/she shall make all reports required by the Governing board. The Secretary shall keep a complete list of members and farm units of the farmers' market and their addresses and telephone numbers and may issue a certificate or card to each new member. The Treasurer shall perform all duties with respect to the finances of the farmers' market as may be prescribed by the Governing board. He/she shall make a full report of all matters and business pertaining to the office at the annual membership meeting. Upon election of a successor, the Secretary and Treasurer shall turn over all books and other property belonging to the farmers' market which may be in their possession. The offices of Secretary and Treasurer may be combined into one office of Secretary-Treasurer. GENERAL PROVISIONS Section 1: Fiscal Year: The fiscal year of the farmers' market shall begin on the first day of January and end the last day of December in each year. Section 2: Inspection of Records: All books and records of the corporation may be inspected by any active member or his/her attorney for any proper purposes at any reasonable time. Section 3: Committees: Any business function of the farmers' market may be delegated to a committee of active members by the Governing board. These committees shall investigate, plan, regulate, and oversee any function of the farmers' market within the approval of the Governing board. However, the Officers may not avoid their responsibilities for the business of the farmers' market by delegating to committees. A committee chairman may be elected by a committee unless otherwise provided in these by-laws. MANAGER The manager shall be a contract employee of Orange County, Government. 1. The manager of the market shall be the chief administrator of the market. In cooperation with the governing board and the county extension director, he shall encourage and enforce the policies and procedures of the market as developed by the governing board. 2. The manager shall be evaluated annually by the governing board with input provided by the county extension director. 3. The manager may not be a vendor or associated with a vendor. MEMBERSHIP Voting, payment of dues, and parking space reservations are carried out on a per farm unit basis. A farm unit consists of any member or group of members cooperatively producing farm products under one farm name, including any members of their immediate families who are involved in the farm operation. All members must abide by the rules, regulations, and by-laws of this farmers' market including the market rules which are determined by the Governing board. A copy of the market rules will be given to each vendor. The definition of farm products which may be sold by vendors will be determined by the Governing board and included in the market rules. ID Any individual who is actively engaged in the production of the farm products he/she sells, who is the original producer of all such farm products, and who meets the qualifications for membership may become an active member upon application, acceptance by the Governing board, and payment of dues. The Governing board shall have the power at any time to determine who is eligible for active membership and to set a limit on the number of active members according to the size and number of selling locations. Active farm units are eligible to reserve a parking space for the season if available. Reservations may be required to sell at any market where space is limited as determined by the Governing board. This requirement may be changed by a majority vote of the Committee. Reservations are made per farm unit. The procedure for reservations will be determined by the Governing board. Active members must allow their farms to be inspected by the Governing board whenever such an inspection is requested. Dues: Annual dues are set by the Governing board. Dues must be paid annually before or on the first market attended by each member. The payment of dues entitles the member to sell at the market for the season. An additional weekly fee as determined by the Governing board will be collected at each market. Dues are paid per farm unit. Acceptance of Members: All applicants for active memberships shall file with the Secretary a written application in such form as the Governing board shall determine. All applications for membership shall be presented promptly for consideration and investigation to the Governing board. A majority of the entire Governing board shall be required for the election of an active member. Requirements for Membership: Any individual who is actively engaged in the production of the farm products he/she sells and who is the original producer of all such farm products may apply for membership as an active member. Application for membership must be made by a prospective member at least two weeks before the first market date he/she wishes to sell. A. Members must live and produce all farm products being sold within a 50 mile radius of Hillsborough and within the state of North Carolina. B. All members must allow an initial farm inspection to be conducted by a special committee designated by the Governing board to verify that he/she is the original producer of all farm products being sold. The farm inspection must be carried out before an individual will be allowed to sell at any market. The Governing board shall have the power at any time to determine who is eligible for active membership and to set a limit on the number of members. Transfer of Membership: Membership is not transferable or assignable. Resignation: Any member may resign by filing a written resignation with the Secretary, but such resignation shall not relieve the member so resigning of obligation to pay any dues, assessments, or other charges theretofore accrued and unpaid. Termination of Membership: The Governing board by an majority vote may for cause suspend for a fixed period of time or expel a member. Any member has a right to notice before such action is taken against him. Cause shall be deemed to include but not limited to: (1) failure to submit to or abide by any decisions made by the Governing board, (2) selling or offering for sale any products not grown or originally produced by the member's farm unit, (3) failure to pay dues for the period fixed by the by-laws, and (4) failure to adhere to an ethical code governing conduct of sales as adopted by the Governing board. If a member is terminated for any of the above reasons the membership fee [annual dues] is not refundable. Reinstatement: Upon written request signed by the former member and filed with the Secretary, the Governing board may, by majority vote, reinstate such former member to membership upon such terms as the Governing board may deem appropriate. Agents of Members: Members may employ individuals to perform any activities or duties normally performed by the member including selling at the market provided the employee is under the direct supervision of the member at all times. is MEMBERSHIP MEETINGS Annual Membership Meeting: The annual meeting of the members of the farmers' market shall be held at a time a place designated by the Governing board. The meeting shall be held in the first quarter of the calendar year. This annual meeting shall be for the purpose of making recommendations to the governing board regarding market procedures, recommending policy changes to the governing board, hearing reports of the past year, and caring for special items of business as necessary. Regular and Special Meetings: The Governing board shall establish a schedule of regular meetings of members. It shall have the authority to select the time and place of such meetings. Notice of Meetings: Notice of every annual, regular, or special meeting of members shall be prepared and mailed at least 10 days and not more than 30 days prior to the date of the meeting to the last known post office address of each member. Such notice will state the object or objects thereof and the time and place of the meeting. Proposed rules for the farmers market at the Public Market House 1) Sellers must reside and produce the items they sell within a 50-mile radius of Hillsborough and in the State of North Carolina. 2) Sellers must be the original producer of all items being sold. No buying and reselling of produce or other products are allowed. A seller may lease land for crop production; however if that land has an established crop on it at the time of the origin of the lease, the seller must perform all operations necessary to manage that crop for at least one full season prior to the season in which the fruits of that crop are harvested for sale at the market. Documentation of the lease may be required. A seller who purchases land with an established perennial crop on it may harvest and sell that crop in the year of purchase. 3) The seller's farm or business must be visited by representatives of the farmers' market governing board before his/her application will be considered for approval. 4) Sellers must pay a daily selling fee determined by the governing board. 5) Sellers who have attended a market for 12 weeks or more during the previous year may reserve a regular selling space for the season at that market, as space permits. 6) A seller 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/she notifies the manager before the first Saturday in May of intent to begin selling at a later date. All exceptions are.to be at the manager's discretion. 7) Reserved spaces will be held until 7:45am on Saturdays and until 3:30pm on Wednesdays. 8) The market will operate from 8:00am to 12:00pm on Saturdays and 4:00pm to 7:00pm on Wednesdays April through October. Winter hours will be scheduled according to demand. (No Wednesday hours until after construction is completed.) 9) Sellers should not move their vehicles in or out of the market area during times when such movement would pose a danger to people in the shopping area. Vendors may not leave prior to one half hour before closing time. They may lose attendance credit for the day; all exceptions are to be at the manager's discretion. (No Wednesday hours until after construction is completed.) 10) Each seller is responsible for cleaning up the area around his/her selling space. 11) Prices must be posted for all items sold. 12) Products, which can be sold, include: a. Any vegetable grown by the seller from seeds, sets, or seedlings. b. Any fruits, nuts or berries grown by the seller from trees, bushes, or vines on the seller's farm. c. Any plant grown by the seller from seed, seedling, transplant or cutting. d. Bulbs propagated by the seller. e. Eggs produced by the seller's poultry. f. Honey produced by the seller's bees. g. Fresh (not frozen) baked goods made by the seller. All baked goods must be wrapped. h. Preserves, relishes, jams, jellies, etc., made by the seller. No "low-acid" canned foods such as green beans, corn, peas, carrots, etc. may be sold. High Acid or Acidified foods (pickles, tomato products, etc.) may be sold if the seller has passed the FDA certification course. A copy of their certification must be on file with the market manager. L Fresh cut or dried flowers grown by the. seller. Iq j. Firewood cut by the seller. k. Compost produced and bagged by the seller. No topsoil or un-bagged compost may be sold. 1. Fish, meat, and cheese from animals raised on the vendor's premises. 13) All produce must be of top quality, to be determined by the market manager. 14) All prepared food items, meat, fish, and cheese sold must meet state and local health regulations including the inspection of the prepared foods seller's kitchens by NCDA health inspectors and labeling in compliance with the regulations. Sellers must have a copy of their inspection form on file with the market manager, 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. 15) All items sold as organic must meet the requirements of the National Organic Program. Sellers of organic items must have a copy of their certification on file with the market manager as well as with them when selling at market. Only certified organic growers may display signs using the word organic. 16) No animals may be sold or given away at the market. No pets are allowed at the Market.