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HomeMy WebLinkAboutAgenda - 02-19-2008-6cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 19, 2008 Action Agenda Item No. & -'G SUBJECT: Approval of Public Market House Market Manager Responsibilities, Market Vendor Rules, and Daily Fee for Market Vendors, and Creation of Public Market House Interim Oversiaht Committee DEPARTMENT: Cooperative Extension PUBLIC HEARING: (Y/N) No Orange County Center ATTACHMENT(S): 1) Market Manager Responsibilities 2) Public Market House Vendor Rules 3) Public Market House Interim Oversight Committee Charge and Appointment Chart (INFORMATION CONTACT: Dr. Fletcher Barber, Jr., 245-2051 Mark Danieley, 245-2062 PURPOSE: To create the Public Market House Interim Oversight Committee, approve the Public Market House Market Manager responsibilities and market vendor rules and to set a daily fee for market vendors. BACKGROUND: At the February 5, 2008 Board of County Commissioners meeting, the Board received the Manager's three recommended options for the administration and operation of the Farmers' Market at the Public Market House (the "Market"). The Board discussed. the three options and received public comments at that time. The Board voted to approve the third option presented, as revised by the Manager, which authorized the County to operate the Market on an interim basis under an organizational structure to be determined by the Board. The Board also authorized the Manager to begin recruiting a Market Manager to serve as the primary administrator of the Market. Staff is now seeking approval of certain operational and organizational items related to the Market so that it will be on schedule to open on the first Saturday in March. The proposals attached are intended to establish a temporary organizational structure for the initial operation of the Market during the 2008 growing season only. This temporary operational structure will be replaced by a permanent operational structure to be established by the Board as soon as practicable. Cooperative Extension Staff is currently recruiting a temporary employee with the necessary knowledge and experience to serve as Market Manager. The specific responsibilities of this temporary employee are proposed on Attachment 1 for the Board's consideration. The Market Manager will not be permitted to vend at the Market. Staff is currently pursuing various avenues for notifying prospective applicants of the new position, and several applicants have already been identified. These recruitment efforts include: contacting relevant personnel at local community colleges to solicit applicants; requesting that applicants for the recently-filled Market Manager position at the Carrboro Farmer's Market consider making an application; and posting notice of the position on local agricultural message boards and websites. It is anticipated that a Market Manager will be hired no later than February 22, 2008. The Manager recommends that the Board establish rules for the vendors who will sell at the Market in order to create an efficient and safe place for both vendors and customers. The specific Market Rules are proposed on Attachment 2 for the Board's consideration. The Manager further recommends that the Board establish a daily vendor fee in the amount of Ten Dollars ($10.00) that vendors must pay in advance to the Market Manager before vending at the Market. This fee is slightly less than the Fourteen Dollar ($14.00) fee charged to sellers at the Saturday Chapel Hill-Carrboro Farmer's Market and is slightly more than the Eight Dollar ($8.00) daily selling fee charged by the Durham Farmer's Market during the spring/summer growing season. The Manager recommends that the Board establish a Public Market.House Interim Oversight Committee made up of five individuals to review the operations of the Market and to serve as the reviewing body of any complaint lodged by a vendor or a member of the public as to the operation of the Public Market. The specific charge, responsibilities, and composition of the interim committee are proposed on Attachment 3 for the Board's consideration. Members of the interim oversight committee will not be permitted to vend at the Market. FINANCIAL IMPACT: Orange County will incur costs for: 1) the purchase of liability insurance for the Market; 2) purchase of signs and other advertising to publicize the new Market; 3) hourly salary costs associated with the hiring of a temporary employee in the Cooperative Extension Department to serve as the initial Market Manager. The hourly wage paid to this temporary employee will be paid from the temporary employee line item contained in Cooperative Extension's current budget. Staff will pursue other revenue sources such as grants from the Hillsborough Tourism Board which, along with the daily vendor fees, will be used to offset these costs to the greatest extent possible. RECOMMENDATION(S): The Manager recommends that the Board take the following actions: 1. Approve the Market Manager Responsibilities as proposed on Attachment 1; 2. Approve the Public Market House Rules as proposed on Attachment 2; 3. Approve the daily market vendor selling fee of $10.00 for the 2008 season;. 4. Create the Public Market House Interim Oversight Committee and approve the Committee charge as proposed on Attachment 3. 3 Attachment 1 Market Manager Responsibilities The Market Manager shall be a temporary employee of Cooperative Extension and shall report to the Director of Cooperative Extension. The Market Manager shall be the chief administrator of the market. In cooperation with the County Extension Director, the Market Manager shall implement and enforce the rules of the Market as established by the Board of County Commissioners. The Market Manager shall have the authority to suspend sellers from the Market for a violation of Market Rules and to assess cleaning fees for sellers who fail to clean their area as required by the Market Rules. 2. The Market Manager shall be evaluated periodically by the Director of the Cooperative Extension Service, with input provided by the County staff and the Public Market House Interim Oversight Committee. 3. The Market Manager may not be a vendor, live in the same household as a vendor, or have a financial interest in any product sold at the Market. 4. The Market Manager will prepare, distribute and accept the Market Application & Agreement, take reservations for spaces from sellers, and assign spaces to sellers. The Market Manager shall advertise and promote the market. 5. The Market Manager shall greet market sellers and otherwise be present at the Market no later than one (1) hour prior to Market opening time. 6. The Market Manager is responsible for monitoring Market Vendors and insuring compliance with all Vendor Rules. 7. The Market Manager will collect all seller fees: a. Daily attendance fees are to be collected by the manager from each market vendor in attendance by no later than 8:00am on each market day. 8. The Market Manager will place on a first-come/first-served basis all market vendors who do not have a reserved space. 9. The Market Manager will keep- on file all applications and documentation needed to sell at the Market and will be responsible for advertising and promotion of the Market. 10. The Market Manager will control parking areas for safety. 11. A current directory of all market vendors and record of attendance will be maintained by the Market Manager. 12. The Market Manager shall insure that vendors selling at the Market represent at least 75% farm raised products with 25% or less coming from crafters or artisans. S Attachment 2 Public Market House Vendor Rules 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 is allowed. 3. 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 will 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. 4. The seller's farm or business may be visited by representatives of the County Staff at any time during the year in order to insure compliance with these rules and to insure the high quality of products sold by the Vendor. Seller must consent to such inspection in order to sell at the Market. 5. Sellers must pay a daily selling fee determined by the Board of County Commissioners to the Market Manager before setting up their booth or stall at the Market. All checks for selling fees shall be made payable to "Orange County". 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 Market Manager before the first Saturday in May of intent to begin selling at a later date. All exceptions are to be at the Market Manager's discretion. 7. Sellers with reserved spaces must notify the Market Manager twenty-four (24) hours in advance if they will not be selling at the Market on any given Saturday so that another vendor may have the opportunity to occupy that space. 8. Reserved spaces must be paid in advance. 9. Reserved spaces will be held until 7:30am on Saturdays. If you do not report to your space by that time, your space may be rented out to other vendors, and your payment will be refunded. 10. The Market will operate from 8:00am to 12:00pm on Saturdays March through November. Winter hours will be scheduled according to demand. G 11. Except in cases of an emergency, sellers shall not move their vehicles in or out of the Market area during the hours of 7:30 AM until 12:30 PM or at any time when such movement would pose a danger to people in the shopping area. At no time may vendors drive under the Market structure on the concrete. 12. Each seller is responsible for cleaning up the area around his/her selling space. 13. Prices must be posted for all items sold. 14. Products, which can be sold, include, and are limited to: 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. i. Fresh cut or dried flowers grown by the seller. 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. 15. All produce must be of top quality, to be determined by the Market Manager. 16. 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 all applicable 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. 17. 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. 18. No animals may be sold or given away at the Market. No pets are allowed at the Market. 7 19. All sellers must fully complete and sign a "Vendor Application & Agreement" and submit the same to the Market Manager along with all necessary documentation (kitchen inspection, farm lease agreements, etc.) otherwise required by these rules prior to selling at the Market. 20. Any seller that is found to be in violation of these Market Rules by the Market Manager may be suspended from attending the Market for a period of four weeks. If a seller breaks the rule a second time in the same season after being given written notification of the first infraction, then they may be expelled for the remainder of the season by the Market Manager. Y Attachment 3 Public Market House Interim Oversight Committee Committee Charge: 1) To review the operations of the Market House as presented to it in periodic reports prepared by the Market Manager; 2) To provide guidance to the Market Manager regarding the efficient and orderly operations of the Market; and 3) To review and assist in the resolution of complaints from vendors and the public regarding the operation of the Market. Members of the Committee shall not sell at the Market or have a financial interest in any product sold at the Market. The Committee shall sunset on or before February 19, 2009 as determined by the Board of County Commissioners, if not sooner. Public Market House Interim Oversight Committee Member Name At Large Member At Large Member At Large Member At Large Member At Large Member