Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda - 10-09-2007-6b
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 9, 2007 Action Agenda Item No. (p - b SUBJECT: Hillsborough Farmer's Market Draft Guidelines DEPARTMENT: N.C. Cooperative Extension PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Draft Tenant Requirements for Leasing the Public Market House for Use as a Farmers' Market Sample of Materials from Other Entities INFORMATION CONTACT: Dr. Fletcher Barber, Jr., 245-2051 Mark Danieley, 245-2062 PURPOSE: To provide the Board of Commissioners with best management practices to be used in the operation of a farmer's market to be held at the Public Market House. BACKGROUND: At the September 6, 2007 Board of County Commissioners meeting, the Board asked the Manager and Cooperative Extension staff to draft and present to the Board at the October 9, 2007 meeting an initial set of draft guidelines to direct the operation of the Public Market House facility as the Hillsborough Farmer's Market. This initial set of draft guidelines is provided at Attachment 1 and is intended to provide a basis for discussion that leads to the framework needed to establish and insure an open and equable Farmer's Market. In developing this initial set of draft guidelines, staff gathered and reviewed existing farmers market provisions from other entities, including the US Department of Agriculture, the Town of Carrboro, and the City of Durham. A sampling of the materials staff reviewed is included at Attachment 2. As the Board is aware, there are two groups within the community interested in maintaining the traditional Hillsborough farmer's market in the new Public Market House. In concert with the continued review and discussion of these draft guidelines by the Board, staff, and the community at large, these draft guidelines will also be shared with the groups to gain their insight and perspective. Also, as the Board has discussed, it is proposed that the County offer to assist in prompting mediation of the differences between the various interests. It has been suggested that the County pay 50% of the costs for mediation for up to 10 hours of mediation preparation and actual meeting time. This mediation, potentially through the Dispute Settlement Center, could help address the differences among the interests and could also enhance the discussions of the draft guidelines and ultimate final document. The goal is to unify all vendors into one entity with a strong Board of Directors capable of entering into an 2 agreement with the County for extended use of the County's facility for the Hillsborough Farmer's Market. FINANCIAL IMPACT: The principal financial impact of this item relates to assisting with mediation for the various parties and interests. Assuming an estimated cost of approximately $75 per hour for mediation services potentially through the Dispute Settlement Center, and with the County paying 50% of the costs for mediation for up to 10 hours of mediation preparation and actual meeting time, the potential cost to the County would be up to $375. RECOMMENDATION(S): The Manager recommends that the Board: ^ review and discuss the attached draft guidelines; ^ direct staff to share these draft guidelines with all the various interests, including the two groups interested in maintaining the traditional Hillsborough farmer's 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; ^ provide any input or direction to the Manager and Cooperative extension; 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 in 2008 for additional review and approval. DRAFT 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. 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 "local" farmers (including artisans and bakers if allowed by the board) ^ 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 (and possibly arts and crafts and baked goods) for consumers ^ ensures products sold are of high quality ^ 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, Healthy, 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. Liabili 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. Guidelines http://www.ams.usda.gov/farmersmarkets/guidelines.hdn LTSI)A ~ar~ner~ 1Vlarket \.:./ .T_____.._.__...___..._.~.~___.:__.._. ~.~ _._..__~___.:::~.~.::i i i i tVlarket Operation: The Market will be held in parking court #9 of USDA located on the corner of 12th Street and Independence Avenue, SW, Washington, D.C. Selling will not begin before 10:00 a.m. and will end promptly at 2:00 p.m. each market day. Due to space restrictions, late arrivals will be located at Market Management?s discretion. All vehicles must vacate the market site no later than 3:00 p.m. 2. Producer-Only: Farmers will only sell products which they grow or produce themselves. 3. Products To Be Sold: Fresh, high-quality fruits, vegetables, herbs, honey, jams and jellies, cheese, vinegars, cider, maple syrup, flowers, bedding plants, and potted plants may be sold at the Market. Value-added products will be admitted at the discretion of Market Management. 4. Commitment to IVlarket: Farmers/vendors must commit to the entire market season and participate on a regular basis. Product availability may limit participants? beginning and ending dates; therefore, a schedule will be developed prior to the start of the market season documenting the farmer/vendor commitment to the Market. 5. ~lotification of Attendance: Farmers/vendors must call within 48 hours of a market day if they cannot attend. Failure to provide proper notification may result in termination of farmer/vendor participation at the market. 6. Stall Space: One vehicle is permitted per stall; all other vehicles must be removed from the immediate market premises. One space is 16w x 17d feet, and all trucks must fit within that area. 7. Sictnage: Farmers/vendors must clearly display the name of their farm/business and post prices for all items being sold. 8. Clean-up: Farmers/vendors are responsible for cleaning all trash and waste within and around their allotted space. Garbage bins are provided on the market site for this purpose. 9. Applications: All new and returning farmers/vendors must complete an application each year. The application will provide Market Management with information on contact, farm location, type of farming operation, types of products grown, and business practices. 1 of 3 10/2/07 9:05 AM Guidelines http://www.ams.usda.gov/farmersmarlcets/guidel ines.hUn 0 10. Farm/Business Visits: USDA Farmers Market Management may visit farm/business locations to verify compliance with Market criteria and guidelines. Farmers/vendors should submit a map and directions to their farm/business location along with the Market application. 11. t\loncompliance: The U.S. Department of Agriculture reserves the right to refuse acceptance of any vendor or item that is not in keeping with the rules or quality of USDA criteria and guidelines. 12. Cooperative tUlarketing: Farmers and/or vendors are permitted to share space with another farmer/vendor or sell another?s products if the arrangement is beneficial to the market. A co-op must be pre-approved by Market Management and will not be accepted if similar products are already sold by existing farmers and/or vendors. 13. Reselling: The resale of items purchased by the vendor shall not be permitted except in the case of ingredients required by those producing prepared or value-added products. However, farmers and/or vendors selling these types of products must prepare them predominately with material they have grown or gathered. Baked goods are exempted from this rule. 14. Prepared Foods: All food items must be prepared in accordance with applicable local, state, and federal regulations. Food vendors must submit a copy of their food licenses with their application. If accepted, a vendor may be immediately terminated from market participation if they fail to comply with health department regulations. 15. Reasons to disallow participation: Efforts will be made to accommodate all who apply, however, a vendor may not be allowed to participate due to insufficient space, excess supply of the products to be sold, if criteria is not met, and/or guidelines not adhered. to. 16. Conduct on Federal Property: While participating in the market, farmers and vendors are required to comply with Subpart 101-20.3 of the Federal Property Management Regulations, ?Conduct on Federal Property? (see attached). !/EIV®®R ~ERTIFICATI®lil (Please detach, sign and return this page to USDA Farmers market Management.) By signing below, I certify that I have read, understand and will adhere to all applicable guidelines as stated in this document. I further understand that should I fail to comply with 2 oP 3 10/2/07 9:0~ AM Guidelines http://tivww.ams.usda.gov/farmersmarkets/guidelines.htm these specified guidelines, my participation in the USDA Farmers Market could be O terminated. Signature of FarmerNendor Date Return to Information on USDA Farmers Markets 3 ~~I' 3 10/2/07 9:05 A M c)Nn3 n,s I-ozz~ lJ~®A FARf~IER~ il~ARKE-f APPLICAI-ION Upon completion, mail or fax application to: USDAIAMB/TM/MSB 1400 Independence Avenue, S.W., Rm. 2646-South Washington, D.C. 20250 (202) 690-0031 -fax For more information call: 1-800-384-8704 Name: FarmBusiness Na Farm/Business Addressk: (city) (state) *Please attach a map and directions to this location. Mailing Address (if different): Home Phone: Mobile/Beeper: Farm Acreage: Total: Other Farmers and/or Employees Participating in Mkt: (city) (state) (zip) Business Phone: E-mail Address: Type of Vendor*: *Please indicate specific types of products sold on page 2 of this application. Certified Organic: yes no Do you have farm liability insurance which covers incidents that may occur off your farm premises? yes no Do you have product liability insurance? yes no If you answered yes to any of the above liability insurance questions, please provide the following information: Name of Policy Holder Policy Number 0 According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0581-0229. The time required to cornplete this information collection is estimated to average 5 minutes per response, including the time for reviewing instnrctions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U. S. Department of Agriculture (USDA) prohibits discrimination in atl its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication oiprogram information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S W., Washington, D. C. 20250-94 i0, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. (zip) (county) 1 TTivl-as or`-~~3 o>si-ozz~ ~~ ~d~9cl illlonth(s) Available product IVlonth(s) Available A les Lettuce A ricots Okra _ Blackberries Onions Blueberries Peas Cantalou es Pe ers Cherries Potatoes Gra es Radishes .Nectarines Squash Peaches Tomatoes Pears Turni Roots Plums Zucchini Ras berries Pum kips Strawberries Jam/Jellies Watermelons Honey As ara us Baked Goods Beans A le Cider Beets Cheese Broccoli Herbs Brussels S routs Flowers Cabby e Plants Carrots Fish Corn Meat Cucumbers Poultr C c lant Other: Greens Leeks Certification of Application I certify that the information in this application is, to the best of my knowledge, true and accurate and that I am a legal owner and/or representative of the above-named farm/business. Signature of FarmerlVendor 2 Date 0 ~rn,i-zs http://attra.ncat.org/aura-pub/Farm mrl:Lhl ml 0 Fic)rnt-. > f~'la~ter Publication List> Farmers' Markets 1~~~ Janet Bachmann NC;~'T Agriculture Specialist Published 2002 "f'1'Rf\ Publication #IP146 The printable PDF version of the entire document is available at: http://attra.ncat.ora/attra-pub/PDF/farmma rket. pdf 4 pages - 80I{ Download Acrobat Reader The number of farmers' markets in the U.S. has increased dramatically over the past two decades. This publication is a resource for those who want to organize a farmers' market or to sell atone. This j~ublication contains references to an enclosure which is available in hard copy only. Please call our toll free number to receive a copy at 1-800-346-9140. '~,~ble off' ICot~tents E Introdt.~cti~~n ~--~i')?illll;'.lilS_' i NC'bV Nlal'lcet i c~clcral ;\tisi:,,lance: b~~IC FrU1NP and SF(vINP © i e'I";UI1Ii ~TLiCCc1SS at a Fal'lllei'S' Mal'ket 1'll!'thl'r h.eSUlIrCeS Ir4t~°o~~>Laetion ,r...._r ~l; g-y / ~ 1t,,, z ,..t Y ~ YVYVW. C11p~U't..CUm Farmers' markets are an ancient method used by farmers worldwide to sell their produce directly to consumers. As U.S. food production became increasingly industrialized and specialized. farmers' markets were replaced by brokers and supermarkets. In the past two decades, hoti-vever, farmers' markets in the U.S. have rapidly regained popularity. Farmers rind a number of advantages in selling at farmers' markets. By selling directly ro (heir customers ~-without going through middlemen, farmers can charge retail prices for their produce. A farmers' market is a good place for new growers who are perfecting production I oI' h 10/2/07 9;12 Ah9 Farmerti' i\~l~irl:cls http://attn.neat.org/1lU'~l-I)UI)IP%11't11111rI<l.hU111 (~ skills and learning which products customers want most. In addition, many growers enjoy the interaction with customers and other vendors, and say "This is my social life!" For customers, too, the farmers' market is not just a place to buy food, but a social affair. A festive ahnosphere helps to bring people to markets, where they can talk with farmers about how the produce was grown and how it can be prepared. [~~;cl<: ~~~ <<1i1 ~~•g~~~H~~ng ~ I~1~w l~arlcet A new market is often started by a small group of people who recognize the potential benefits for their community and for local producers. Although markets are sometimes established with as few as three to five regular vendors, a larger number of vendors generally `will draw more customers. Your local Cooperative Extension Service may be able to help you compile a list of potential vendors to invite to your first organizational meeting. Use local news media to help publicize your intentions. r~lthou~h some markets may be very informally organized, a set of bylaws, rules, and ru~,ulations ~a~ill help to prevent problems down the road. Some of the issues to be ~ulc!ressed arc; IJcadcrship, \~~ho will serve on the board of directors? Some market boards are made up ea~tirely of vendors, while some include other people from the community. Management. Will the manager be a market member or hired from outside the market? What are the terms of employment? What are the responsibilities? © Vendor membership. Who can be a member and vendor? Are there geographic restrictions? ® Location. Is the market site easily accessible, aesthetically pleasing, and highly visible? Does it have shade from trees or a structure to provide protection from the elements? Does it provide adequate parking and display space for vendors? Are elech•icity, water, and restrooms available? o- Flours, da~rs, and months of operation. When is the market open? At what time on a market day do vendors need to be in their assigned space? When does the space need to be vacated? ~~ Iir•csh proclt.icts. Will you have aproducers-only market, with vendors selling only produce grown on their own farm? Or will farmers sell what they grow along with produce from other local farms? Or will vendors sell any produce they can purchase, locally or not, acting essentially as brokers? o Value-added products. Will these be made primarily from vendor-grown produce? How do state and federal agencies regulate production and marketing? ~.rts and crafts. Will these be allowed? If so, will they be juried or limited in number? ~ t;011ti111leI'S, weights, and measures. Are these regulated in any way by the state? Space assignme~lts. How will spaces be assigned for the season? Seniority, number of markets attended the previous year, and sales volume are used in some markets. Sp~.ice a~xi membership fees. What is fair for both large- and small-volume vendors? 1Vhat does the market need to operate? I'r•icing. I-low twill you ensure competitive pricing? This may take an educational effort to promote quality and presentation over price fixing, and harmony and cooperation beh-veer vendors. Most markets insist that vendors post their prices. © I~r-ocess for dealing with infractions of rules. How can the rules be enforced fairly, firmly, and consistently? How can a member appeal a penalty? ? ul C, 10/2/07 9:12 A19 Farmers' Vlarl:cls http://attra.ncat.org/ath•a-pub/farmi»rkt.html ~~ Vocal and state regulations. How is the market affected by health and safety st~u~dtu•ds for food handling? ;<115L1raY1CC, Physical liability insurance in case of injuries or accidents can be purchased by the market or by individual vendors. The enclosed articles will help you to answer some of these questions. Materials listed unrler f urtfler Rcsotn•ceti are also useful, not only for ideas, but for examples of how various markets have written their by-laws, rules, and regulations. An established fart~ners' markets can be among the jewels.of the community, and for this reason should have strong support from the Chamber of Commerce or economic development council. Cities often provide space for a market free-of-charge. They can also help promote special events and that draw customers both to the market and to shops in the vicinity. 'The city may be willing to construct shelters to give vendors and customers protection From rain and sun. >n: i~; ;~ ~ 1, ~l~ ~~'~~~e~•t~~ E~ssi ytaa~~eo 'S'IC, F'I1/II~1P ~»cl SFIVINP' A federal program that benefits both vendors and low-income customers is the Women, Infants, and Chilch•en (WIC) Farmers' Market Nutrition Program (FMNP), established in 1992. It provides special coupons to WIC participants, which they can ttse to purchase fresh fruits and vegetables at participating farmers' markets. The program has two goals: To provide fresh nutritious unprepared food such as fruits and vegetables to WIC participants who are at nutritional risk; and "ho expand consumer awareness and use of farmers' markets. During Fiscal fear 2000, ] 2,897 farmers and 1,622 farmers' markets were authorized to accept (~MN1' coupons. The most current information on the program can be found at the (.1`~1:~:'-~ ~utriti~.~n !'~5~;istance Programs ~~~'eb site. A new Seniors Farmers' Market Nutrition Program (SFMNP) awards grants to states, U. S. territories, and federally recognized tribal governments to provide low-income seniors with coupons that can be exchanged at farmers' markets, roadside stands, and community supl~orfed agriculture (CSA) programs. Go to the USDA Nutrition Assistance Programs ~~', C'l) ~itc for more details and to learn whether the program is operating in your state. Additional information on USDA efforts to assist farmers' markets can be found at the ~:;'~'I:~:; I~arrrlers ,Vlark~~ts `~~eb site. i',_~t h_r~~ to ~-cd-s~r~z ~ ~t~c~ess tat ~ I~,~ra~er~' l~Ia~~~eet A successful market depends on successful vendors. Lynn Bycynski, editor and publisher of G,°rnvir,,~~ fo,- Mcr,-/;~~, put together a special issue on how to be successful at farmers' mtu•kets. In a nutshell, Bycynski advises: Offer the highest-quality products. Set fair prices. 3 oi' t; 10/2/07 9: 12 r1 ~t9 f-arnr.~r:,' iVla;l<c~s http://rlfh~a.nc~tt.org/atU•a-pub/I'armmrkt.hlml ~a Display your produce in a neat, well-organized, and eye-catching manner. Provide samples if possible. Be friendly, courteous, and respectful to customers. Talk to them! The farmers' market issue of Growing for Market is enclosed, and can also be downloaded from their \Veb site located at: vvww.~rowin~formarket.com/. I~elatecl ~.T I'I~A Publications I~ir:,~ct ~~f~~trl,:~tin~y ~ 111i'i<C1 l i~li'!:i~.'IlI11S_': ?\ `~t.art-ltp ~.iUlde P!>~;~!i„r~,~~~t I I,u~ciiin~~ c,f Fruits and Vct7etables .^~~itiiri~~ ! ,flue (o (=~~nn Products::'\n Overvie~~~ h:e~, s t:~ Succc:~>s in \%alue-Added A<~riculture I3a~~i: t~,~ ti~> ~' Q~C$t-5~~~'C 13yczynski, Lynn (ecl.) 2001. Farmers' market success. Growing for Market. January. l6 p. ~t~t~lhu~~ ~~~~a~>C~s;es Book 'The Neav Farmers' Market. 2001. By Eric Gibson, Marcie Rosenzweig, and Vance Cor>.tm. New \\forlcl Publishing, Auburn, CA. 272 p. Available 1'or $24.95 plus shipping. '1•he Le;~al Gtticle. 1'or Direct Farm Marketing. La1w School, Des Moines, IA. 235 p. Available for ~a20 plus shipping. 1999. By Neil D. Hamilton. Drake University F~~n-rncr:;' ?tii,irkc~ts: RulesS Res,~ulat.ions and Opportunities. 2002. By Neil D. Hamilton. National Center 1'or Agricultural Law Research and Information Center. 47 p. Grassroots Marketing: Getting Noticed in a Noisy World. 2000. By Shel Horowitz. 306 p. A resource f'or any Kind of small business, including horticultural businesses, the book has ideas for low-cost or free publicity. Topics include creating an image; how to write ad copy and press releases; tricks of the printing trade to save money on brochures and ads; direct mail; selling on the Internet; working with the media; and much more. $22.95 plus shipping. Dynamic Farmers' Marketing. 1997. By Jeff Ishee. Bittersweet Farmstead, Middlebrook, !`A. 130 p. ~\vailable 1'or $14.95 plus $2.50 shipping from: Uit(ersweet Farmstead P.O. Boy 52 1\~Iiclcllebrook, VA 24459 -1 i~l'r7 10/2/07 9:12 A1~7 l~:u~rr.:~r~' '1'1nrl~i~ts 540-886-8477 I~tiblicalions fI'olil atl OI'gai71Zat1011 or agency Farmors' Markets. 1991. By Charles Marr and Karen Gast. Kansas State University Cooperative Extension Service, Manhattan, ICS. MF-1019. 8 p. -Available free of charge I'ron~: Cooperativo Extension Service I~:ansas State University Manhattan, ICS G6506 785-532-6173 Creating a Farmers' Market Starting from Nowhere. 1.990. By Jean P. Feingold. Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences. University of Florida. Farmer Direct Niarl<eting Bibliography 2001. By Jennifer-Claire V. Klotz. USDA/,AMS/"1~~~1P/\V&AM, Washington, D.C. 52 p. Includes a section listing farmers'-market-related publications. Updated regularly at the ''~~`` ` ' • Web site, anc! can be downloaded from there. ,; .: ,_.r_rr~~~:~r C:~ire~~~ iUlarketin~ I3C~'ioclicttl5 C;n~~.~'ir~>. I~c~r i1l~u'ke.t P.O. I3ox 3747 Lawrence, ICS 66046 800-307-8949 ~;r~:;~~, in~~-Irn~,r~;et«t: carth{ink.net Subscription to the monthly publication of news and ideas for market gardeners is $30 per year, Checa: the. Web site for other publications, Farm Tours, alld 11111CS t0 i7lany additlOnal I'esOUiCes, `V'~t~l'b SiECs Ll`~;I~~A/i1<,~riculhrr~rl .~1~iarketin~ Service A number of publications listed on this Web site can be downloaded or ordered electronically. Or contact: Velma R. Eakins \Vllolesale and Alternative Markets Program-USDA P.oom 26~I4-South I~I00 Independonce Ave. S.W. 1Vashin~ton, DC 20250-0269 202-C90-0031 FAX velma.lakins «rusda.gov t.:~il:~~\ ;"~\_1`_~; f~lrmer l.~irect. T\~Iarketin~7 Funding Assistance Information about several programs that provide support through technical assistance or Paneling can be found at this Web site. http://attra.ncaf.org/aura-pub/farmmri<t.hi ml 13 ,;;' ;; 10/2/07 9:12 A~9 t~~u•m~:rs' ~furl:cts l.'.`'i1_%!~ ~1"Ii`i` fc_ ~ltrts fUl" I~I•ulls Ve~'GtableS and (ierbs ..._.___._ L_____..'L. l ;,_?:?,_t~ricc_~_:~~>rts i~ar cut flowers `.1<<.I!•~:'i,~ ,lrlnin~ (email discussion group) `~I`o subscribe, send an email to; lyrist< !'ranl<lin.oit.unc.eclu with the message or subject line captaining "subscribe market-farming". :~~~,rt11 :'1n~erican 1=armers Direct ~iarl<etin4~ Association ~,~I'TRA 1'lll)11C~t1017s i?r~___t _t l~r,•l,:c~(irc,. 1999. By Katherine Adam, Radika Balasubrahmanyam, and Holly Born. N~itianal Center for Appropriate Technology, Fayetteville, AR. 36 p. ,~,I~~,;:~_~~! r ;_,,-,;,;r!;,i",,,:~1,5'/rn•1-Up G,ricle. 2002. By Janet Bachmann. National Center for ,lppropriate "hechnology, Fayetteville, AR. p. 1'i~~~,rl,~~,,~..~:r l~~~ur,rlli,r r~,j~l~'r,.,irs ~~n~cl Ve ~~~tuhle~s. 2000 By Janet Bachmann and Riehai•cl I/arles. National Center for Appropriate Technology, Fayetteville, AR. 28 p. 1~/cli,~l; 1!ulr~c~ !n l~~cn•n, P,~r,cluct.r: ~„ Qve~r•view. 2001. By Janet Bachmann. National Center 1'or Appropriate Technology, Fayetteville, AR. 11 p. 1~;~~,_~,_ r,, :~;,,~:~~_<~~~.~ irr t'r.rluc-Aclclec~l A~~,°icz,lrure. 2001. By~Holly Born. National Center for i\ppropriate "hechnolagy, Fayetteville, AR. 20 p. I~itt'13It:r'~i~ 1`V~1sll'I{l'ts [~y J~rnet 13achnuuin NC;\"h Agriculture Specialist Cole Loeffler, 1-I~hML Production I (' 146 Slat 96 1 ,~ It, t~;~i~ A'f"hRf\ -National Sustainable Agriculture Information Service is managed by ~ °~% the National Center for Appropriate Technology (NCAT) and is funded under a grant from the United States Department of Agriculture's Rural "' :~15in~•s~,-~'r~r~~~rari~~_S~-rvice. Visit the NCA`~f Web site for more information on ~~. ~,~.~ our sustainable agriculture projects. Sir_~ \ faJ~ I (_on~ni:.~nts I Disclaimer I Privacy Policy I Webmaster Capyright c0 NCAT 1997-2007. All Rights Reserved. htlp://attra.ncat.org/atu•a-hub/Farm mrla.hr li~l 14 G ~.~I' Pi 10/2/07 ):12 A 19 ~5 W8BNMSWD by-laws.doc BY-LAWS OF THE CHAPEL HILL-CARRBORO FARMERS' MARKET, INC. ARTICLE I PURPOSE AND GOALS . Section 1: Purpose and Powers:. The purpose for which this association is formed and the powers which it may exercise are set forth in the Articles of Incorporation of the association. Section 2: Goals: the Chapel Hill-Carrboro Farmers' Market, Inc. is being founded to promote direct marketing of farm products from the original producer to the consumer. The goal of the corporation is to operate farmers' markets in the Chapel Hill-Carrboro area which 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. ARTICLE II MEMBERSHIP AND DUES Section 1: General Membership: The membership of this. corporation shall be active, associate, and honorary. 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. Only active and associate members are eligible to sell at markets operated by the corporation. All members must abide by the rules, regulations, and by-laws of this corporation including the market rules which are determined by the active membership at the annual membership meeting. A copy of the market rules will be given to each member of the corporation. The definition of farm products which may be sold by members at markets operated by the corporation will be determined by the Board of Directors and included in the market rules. Section 2: Active Members: 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 of the corporation as stated in Article II, Section 7 and the requirements set forth below, may become an active member upon application, acceptance by the Board of Directors, and payment of dues. The Board of Directors of the corporation shall have the power at any time to determine who is eligible for active membership according to the rules of the corporation and to set a limit on the number of active members according to the size and number of selling locations. A. Active members are members who represent farm units which have sold at ~O markets operated by the corporation for at least 17 weeks during the previous season. Such farnz units are active farm units. This requirement may be changed by a majority vote of the Board of Directars. B. 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 Board of Directors. An active farm unit may reserve two parking spaces only if the farm unit has sold for 27 weeks during the previous season. This requirement may be changed by a majority vote of the Board. Reservations are made per farm unit. The procedure for reservations will be determined by the Board of Directors. C. Active members are the voting members of the corporation. One vote is allotted per active farm unit. D. At least one active member of each active farm unit must attend one general membership meeting each year. Active members must allow their farms to be inspected by a committee designated by the Board of Directors whenever such an inspection is requested by the Board. Section 3: Associate Members: 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 as stated in Article II, Section 7 and the requirements set forth below, may become an associate member upon application, acceptance by the Board of Directors, and payment of dues. The Board of Directors shall have the power at any time to determine who is eligible for associate membership according to the rules of the corporation and to set a limit on the number of associate members according to the'size and number of selling locations. A. Associate members are members who represent farm units which have sold at markets operated by the corporation for less than 17 weeks during the previous season or have not attended a general meeting. Such farm units are associate farm units. This requirement may be changed by a majority vote of the Board. B. Associate farm units are eligible to sell at markets operated by the corporation if space is available but are not eligible to reserve a parking space. G. Associate members may attend general membership meetings but are not voting members. D. Associate members must allow their farms to be inspected_by a committee designated ~7 by the Board of Directors whenever such an inspection is required by the Board. E. Non farm crafts sellers are associate members with the exceptions as set forth below. Non farm crafts are produced from materials not grown or harvested by the crafts person. For the purposes of these By-Laws all references to farm units and farm products are' understood to include non farm crafters and crafts. The six most senior non farm craftsellers shall be active members, as stated in Article II, Section 2 except as follows: a. Active non farm craft producing members may reserve spaces only from those spaces designated by the Board of Directors specifically for non farm crafts. b. Active non farm craft producing members may only reserve one space. c. No more than one active non farm craft producing member may serve on the Board of Directors and any time. Section 4: Honorary Members: Any individual or organization who would like to support the Chapel Hili-Carrboro Farmers' Market, Inc. may become an honorary member upon a majority vote of the Board of Directors. A. Honorary members must pay dues or make a donation to the corporation. The Board of Directors may waive by majority vote the payment of dues by an honorary member. B. Honorary members may attend general membership meetings but are not voting members. C. Honorary members are not eligible to sell at markets operated by the corporation. Section 5: Dues: Annual dues are set by the Board of Directars and shall be brought before the members at the annual membership meeting each year for approval. 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 markets operated by the corporation for the season. An additional weekly fee as determined by the Board of Directors and approved by the members at the annual membership meeting will be collected at each market. Dues are paid per farm unit. Section 6: Election of Members: The original members of the corporation shall be the incorporators until the initial election of members. All applicants for active, associate, and honorary memberships shall file with the Secretary a written application in such form as the Board of Directors shall determine. All applications for membership shall be presented promptly for consideration and investigation to the Board of Directors. A majority of the entire Board of Directors shall be required for the election of an active, associate, or honorary member. A majority of the membership voting at any regular or special meeting may vote to waive any membership requirements imposed by the by- laws. ~8 Section 7: 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 faun products may apply for membership as an active or associate member of the Chapel Hill-Carrboro Farmers' Market, Inc.. 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 ail farm products being sold within a 50 mile radius of Chapel Hill and within the state of North Carolina. B. A]1 members must allow an initial farm inspection to be conducted by a special committee designated by the Board of Directors to verify to the corporation 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 markets operated by -the corporation. C. Memberships are approved as active, associate, or honorary or rejected by the Board of Directors as stated in Article II, Section 6. The Board of Directors of the corporation shall have the power at any time to determine who is eligible for active, associate, or honorary rneinbership and to set a limit on the number of members according to the size and number of mai•lcets being operated by the corporation. Section 8: Transfer of Membership: Membership in this corporation is not transferable or assignable except as provided in Article II. Section 7. Section 9: 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. Section 10: Termination of Membership: The Board of Directors by an affirmative vote of five of the seven members 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 Board of Directors or to accept any ruling of the membership including the rules of all markets operated by the corporation, (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 Board of Directors. If a member is terminated for any of the above reasons the membership fee [annual dues] is not refundable. Section 11: Reinstatement: Upon written request signed by the former member and filed with the Secretary, the Board of Directors may, by affirmative vote of five of the seven members, reinstate such former member to membership upon such terms as the Board of Directors may deem appropriate. Section 12: Property: No property rights shall accrue to any member or person and, in case of dissolution, all property assets after payment of debts shall accrue as provided in ~~ the charter. No member shall be responsible for or individually liable for any debts or obligations of the corporation. Section 13: Agents of Members: Members may employ individuals to perform any activities or duties normally performed by the member including selling at markets operated by the corporation provided the employee is under the direct supervision of the member at all times. ARTICLE III MEETINGS OF MEMBERS Section 1: Annual Membership Meeting: The annual meeting of the members of the corporation shall be held at a time a place designated by the Board of Directors. The meeting shall be held in the first quarter of the calendar year. Section 2: Regular and Special Meetings: The Board of Directors shall establish a schedule of regular meetings of members. It shall have the authority to select the time and place of such meetings. Special meetings of the members may be called by the President, the Board of Directors, or by not less that one-tenth of the active membership of the corporation. Section 3: 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. Section 4: Voting: Active members of the. corporation are the voting members of the corporation. One vote is allotted per farm unit of active members as stated in Article II, Sections 1, 2, 3. The farm units of active members are designated as active farm units. Section 5: Quorum: Active members representing 10% of active farm units or no less than 7 active fal•m units of the corporation shall constitute a quorum. In the event a quorum, is not present, a meeting may be adjourned by those members present until a quorum can be obtained. Section 6: Order of Business: The order of business shall be: (1) Roll call of the officers and determination of a quorum. (2) Reading and disposition of minutes. (3) Report of officers. (4) Report of committees. (5) Unfinished business. (6) New business. (7} Program and/or election of Directors. (8) Adjournment. ARTICLE IV DIRECTORS AND OFFICERS av Section 1: General Powers: The affairs of the corporation shall be managed by the Board of Directors. The Directors must be residents of the state of North Carolina and must be active members of the corporation. There shall be seven members of the Board of Directors. Section ?: Election: the $oard of Directors shall be elected by and from the active members of the corporation at~the annual rnernbership meeting. A majority of those voting shall be required to elect each and every Board member. The first Board shall be composed of three members who will serve for one year and four members who will serve for two years. At the first annual membership meeting and thereafter Directors will be elected to replace those whose terms are expiring and will serve for a term of two years. Section 3: Election of Officers: Immediately after each election of directors the Board shall hold a regular meeting and organize by the election of aPresident, aVice-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. The President and Vice-President shall be elected by and from the Board of Directors then in office. The Secretary and Treasurer (or Secretary-Treasurer) do not need to be members of the Board of Directors. All officers serve a one year term. Section 4: Vacancies: Whenever a vacancy occurs in the Board of Directors, other than from the expiration of a term of office, the remaining Directors may select a replacement to serve until the next regular or special membership meeting. Section _5: Board Meetings: The meeting of the Board of Directors shall be held at such time and place as the Board may determine. Section 6: Special Meetings: A special meeting of the Board of Directors shall be held whenever called by the President or by two Board members. Each call for a special meeting shall state the business to be transacted and the time and place of such meeting. Section 7: Notice of Board Meetings: Notice of regular or special meetings of the Board may be mailed to each director, 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. Board meetings may be attended by all active members of the corporation. Section 8: Quorum: A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board. Section 9: Compensation: Directors and officers as such shall not receive any stated salaries for their services, but by resolution of t11e Board, the travel expenses of attendance, if any, may be allowed for attendance at each regular or special meeting of the Board; but nothing herein contained shall be constnied to preclude any Director or officer from serving the corporation in any other capacity and receiving compensation for such services. [see Amendments to By-laws] a~ Section 10: Removal: Any member of the Board of Directors may be removed for cause by atwo-thirds vote of the active membership voting at a special or regular membership meeting, Any active member may initiate a vote to remove, but such vote may be taken only after the active. membership of the corporation has had at least 30 days and not more than 60 days written notice of the member's intention to initiate a vote to remove. The duty of the notification shall rest upon the member or members seeking the vote to remove. ARTICLE V DUTIES OF THE BOARD OF DIRECTORS Section 1: Management of Business: The Board of Directors shall have general supervision and control of the affairs of the corporation and shall make all rules and regulations not inconsistent with the law of the state of North Carolina or with these by- laws for the management of the business and guidance of the members, employees, and agents of the corporation. This shall include a power to levy a fee for any services provided by the corporation for its members, provided the exact fees to be levied, if any, are approved by a majority vote of the active voting membership at any regular or special membership meeting before they can go into effect. The Board of Directors shall have the authority to promulgate an ethical code of conduct to regulate the activities of members at events sponsored by the corporation or under the general auspices thereof. The Board of Directors shall require proper records to be kept of all business transactions. Section 2: Employees: The Board of Directors shall have the power to employ or to authorize the employment of such employees as may be deemed necessary and to fix their compensation at a fair market value or a reasonable amount for the services rendered. Section 3: Bonds and Insurance: The Board of Directors may require officers, agents, and employees charged by the corporation with responsibility for the custody of any of its fi~nas or negotiable instruments to give adequate bonds. Such bonds, unless cash security is given, shall be furnished by a responsible bonding company and approved by the Board of Directors, and the cost thereof shall be paid by the corporation. The Board of Directors shall provide for the adequate insurance of the property of the association, or property which may be in possession of the association, or stored by it, and not otherwise adequately insured. In addition, the Board of Directors shall provide adequate insurance covering liability for accidents to all employees and the public. Section 4: C1lecics and Drafts: All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the corporation shall be signed by the Treasurer, provided however that the Board of Directors may authorize any active member to sign any or all such checks, drafts, etc., on behalf of the corporation. Such authority may be general or confined to specific instances. as Section 5: Contracts: The Board of Directors may authorize any officer or employee of the corporation to execute and deliver any instrument in the name and on behalf of the corporation, and such activity may be general or confined to specific instances. Section 6: Gifts: The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the general purpose or for any special purpose of the corporation. Section 7: Audits: From time to time and least once a year, the Board of Directors shall review the fnancia] records of the corporation. The Treasurer shall deliver an annual written statement on the financial affairs. At least once each year the Board of Directors 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. Section 8: Agreements with Members: The Board of Directors shall have the power to carry out all and any agreements of the corporation with.members and others in every way advantageous to the corporation, representing the members and others collectively. Section 9: Depository of Funds: The Board of Directors shall designate a federally insured bank as the depository for the funds of the corporation. Section 10: Memberships: The Board of Directors shall elect new members to the corporation, terminate memberships, and reinstate memberships as stated in Article II of these by-laws. . Section 11: Observance of the Charter and by-Laws: The Board of Directors shall have the power to enforce the observance by all members of all provisions of the charter and by-laws. ARTICLE VI DUTIES OF OFFICERS Section l : Duties of the President: The President shall: (1) preside over all the meetings of the corporation and the Board of Directors, (2) call special meetings of the Board of Directors, (3) perform all acts and duties usually performed by an executive aild presiding officer, and (~) sign ail papers for the Board of Directors except as provided in Article V, Sections 4, 5. The President shall perform such other duties as may be prescribed by the Board of Directors 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 Board of Directors. Section 3: Duties of the Secretary and Treasurer: The Secretary shall keep a complete record of all meetings of the corporation and of the Board of Directors and shall have a3 general charge and supervision of the books and records of the corporation. 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 a]1 reports required by the corporation of the Board of Directors. The Secretary shall ]seep a complete list of members and farm units, agents, and employees of the corporation and their addresses and telephone numbers and may issue a certificate o1• card to each new member. The Treasurer shall perform all duties with respect to the finances of the corporation as may be prescribed by the Board of Directors as provided in Article V, Section 4. He/she shall make a full report of ail 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 properly belonging to tl~e corporation which may be in their possession. The offices of Secretary and Treasurer may be combined into one office of Secretary-Treasurer. Section 4: Succession of Officers: In case of death, resignation, or inability of an officer to perform the duties of his office, the Board of Directors may declare the office vacant and elect the officer's successor as provided in Article IV, Section 4. ARTICLE VII GENERAL PROVISIONS Section l : Fiscal Year: The fiscal year of the corporation 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 i~lspected by any active or associate member or his/her attorney for any proper purposes at any reasonable time. Section 3: Committees: Any business function of the corporation may be delegated to a committee of active members by the Board of Directors. These committees shall investigate, plan, regulate, and oversee airy function of the corporation within the approval of the Board of Directors. However, the Directors may not avoid their responsibilities foi• the business of the corporation by delegating to committees. A committee chairman inay be elected by a committee unless otherwise provided in these by-laws. ARTICLE VIII AMENDMENTS Section l : Amendments to the Charter/Articles of Incorporation: The Charter/Articles of Incoi•poi•ation may be altered, amended, or repealed only by atwo-thirds majority vote of the active membership at any regular or special meeting. Intention to seek a change in the Charter/Articles of Incorporation must be filed with the Secretary in writing at least ~10 days before the meeting where it is to be considered and before the notice of such meeting has been provided to members. A change in the Charter/Articles of ~~ I ncorpoi•ation must be passed by atwo-thirds majority of the active voting membership present at the meeting. Section 2: Amendments to-the By-Laws: These by-laws may be altered, amended, or repealed and new by-laws adopted only by a majority vote of the active voting membership at any regular or special meeting. Intention to seek a change in the by-laws must be filed with the .Secretary in writing at least 10 days before the meeting where it is to be considered and before the notice of such meeting has been provided to members. Amendment 1: No one farm unit shall hold, at any one time, more than one of the Following positions: President, Vice-President, Secretary, Treasurer, or Manager of a market operated by the, corporation. Amendment 2: No one member of the corporation may simultaneously serve as Manager of a n~arl<et operated by the corporation and as a member of the Board of Directors. PAGE Normal Normal Default Paragraph Font Default Paragraph Font Neader Header Footer Footer Page Nlunber Page Number %~ as THE CHAPEL HILL-CARRBORO FARMERS' MARKETS, INC. MEMBERSHIP APPLICATION Thank you for your interest in becoming a member of the Chapel Hill-Carrboro Farmers' Markets, Ina We are now accepting vendor applications for the 2007 season for our Wednesday Carrboro Market, 3:30-6:30 pm and our Southern Village Market, Thursdays 4-7 pm. We are accepting applications for these two markets only, in all three vendor categories: farm, craft, and prepared foods and baked goods. We are not accepting applications for the Saturday market this year. We have adopted the following procedures to make the application process as fair and simple as possible. Please read carefully and follow the steps below: 1. Please read the Rules of the Market. If you are applying for craft vendor status, you must also read the Guidelines for Non Farm Crafts however we encourage all applicants to read the craft guidelines due to the importance of value added farm products to our Market. 2. Please fill out the application form completely. Forms not filled out completely will not be considered. 3. Submit your application by Feb. 28th with a $20 non-refundable application fee and a self addressed stamped business size envelope to: The Carrboro and Southern Village Farmers' Markets 109 Shelton Street Carrboro, NC 27510 Applications received after the Feb. 28th deadline will not be considered nor will they be retained for future openings. We do not maintain a waiting list. You will be notified by mail, using the envelope you include with your application, regarding acceptance or rejection of your application. Review Time Line: the Market only reviews applications for new vendors once a year. ls` week of March: The Board of Directors and Staff review applications received by the deadline. Letters of acceptance (pending a farm inspection) or rejection are sent out. Sometime in March: Farm or business inspection by market representatives. 1st week in April: Board of Directors meets to formally accept or reject applications based on inspection reports. 2"`~ Wed. in April: Newly accepted vendors may begin selling at the Carrboro Market. lsr Thur. In May: Newly accepted vendors may begin selling at the Southern Village Market Farm or Business Name Names of owners (a farm unit is defined as one business) Mailing Address Telephone Number (area code) E-mail address Address of production location (if different from above) Please mark which Market you are applying for: Wednesday ~Carrboro Market, 3:30 - 6:30 pm (All categories, limited spaces] Thursday Southern Village Market, 4-7 pm [All categories, unlimited spaces] If you were not accepted for the Market you choose, would you be willing to sell at the other market? _Yes ~ ~No . a~ Product Categories This is where you let us know what you intend to sell at Market. Please estimate, by category, the percentage of total sales each category represents (total to equal 100%.) For each category that applies to your sales, circle the general types of products that you intend to sell at Market and list individual products as well. Category 1 estimated % of sales 12aw or minimally processed farm-products _ . _.. _ _ _ _ ~ _ _ , Raw Vegetables and fruits: Cggs: Honey: Herbs: Bedding Plants: Landscape Plants: Cut flowers: Other: ' Category 2 estimated % of sales Processed Foods that require a NCDA (North Carolina Department of Agriculture) kitchen inspection. If ingredients used in the products below are harvested from your farm, please indicate which ones. Baked goods: Jams, Jellies, Preserves: Vinegars: Juices, Coffee, Tea: Category 3 estimated % of sales a~ These are products that require more stringent inspections, regulation, and usually refrigeration. Acidified foods like pickles and relishes (these require the FDA short course certification): Cheese and other dairy products: Meat (requires a meat handler's license obtained form NCDA Division of Meat and Poultry): Fish: Category 4 estimated % of sales Crafts I°dote: If you are applying for craft vendor status you must also read the Guidelines for Non Farm crafts (found below.) All craft/artisan applications must include 4 photographs or slides showing a representation of the items to be sold. Farm Crafts: produced predominately from materials grown or harvested by craft person Non-I{'artn Crafts: made with products not grown or harvested by craft person Ne~r~ Vendor Background Information (The more descriptive and inclusive you are describing your operation, the better able eve are to evaluate your application.) How much area do you have in production? How long have you been producing these products? How long have you been farming? How do you currently market your products? What percentage do the different types of markets comprise? Do you sell at other Farmers' Markets in the area? Which ones and for how long? Have you ever been to either the Saturday or Wednesday Carrboro or the Thursday Southern Village Markets? How does the Chapel Nill-Carrboro Markets, Inc. fit into your marketing plans? as Ho~v nlally tiveeks do you plan to sell at the Carrboro and/or Southern Village Farmers' Market? The 2007 operating elates are as follows: Wed. market: April 11-Oct.l7, 3:30-6:30 pm; Southern Village: May 3-Aug. 30, d--7 pm. Indicate dates and/or Spring, Summer, Fall. is there anything else you want us to know about your products, experiences, or plans? Please give directions to your farm or business from the nearest highway or major road,. or-draw amap. - - 1 acknowledge that I leave been provided with a copy of the "Rules of the of the Chapel Hill-Carrboro Farmers' Markets" and that I will abide by these rules. I also understand my membership will be terminated for violation oi'the "Rules" as stated in~ Section 10 of the By-Laws. I further agree to allow representatives of the Chapel I~~lill-Carrboro Farmers' Market, Inc. to visit the premises where the products I intend to sell are produced. SIGNATURE DATE APPLICANTS: DO NOT WRITE BELOW THIS LINE Application received by Date Site visit made by Date Application updated 12/31/06 aq RULES OF THE CHAPEL HILL-CARRBORO FARMERS' MARKET, INC. I) Sellers must reside and produce the items they sell within a 50-mile radius of Chapel Hill or Carrboro and in the State of North Carolina. 2) Sel lers 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 fi-uits of that crop are harvested for sale at the market. Documentation'ofthe 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. ~)'fl~e seller's farm or business must be visited by representatives of the Chapel Hill- Carrboro Farmers' Market, tnc. before his/her application will be considered for approval. -f) Sellers must pay a $0.00 annual membership fee. This fee must be paid at the first market attended each season. Only one annual membership fee is required no matter how many markets a seller attends. ~) Sellers must pay a daily selling fee of $14.00 for one space, $35.00 for two spaces, and $70.00 for three spaces. The daily selling lee at the Wednesday Market in Carrboro and at the Thursday Southern Village Market is $7.00. Any seller who reserves more than one space must pay for and occupy all reserved spaces at least 27 weeks, or lose the right to reserve more than one space the following year. 6) Sellers wl~o have attended a market for 17 weeks or more during the previous year may reserve a regular selling space for the season at that market, as space permits. Sellers who have attended 27 or more weeks may reserve 2 spaces as space permits. No multiple spaces are allowed at the Wednesday or Southern Village markets. 7) A seller must oecup}~ a reserved space at the Saturday market by the first Saturday in May or loose 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 he at the manager's discretion. 8} (,eserved spaces ~~~ill be held until 6:45 A.M. on Saturdays and until 3:30 P.M. on Wednesdays and Thursdays. 9 j'I'lie market will operate from 7:00 A.M. to 12:00 NOON on Saturdays March-October and 8:00 AM to Noon on Sahirdays in November and December, 3:30 to 6:30 F.M. on Wednesdays, and 4:00 - 7:00 PM Thursdays. No selling spaces may be occupied before 2:45 P.f~9. and no sales may occur before 3:30 on Wednesday. At Southern Village, no vendor may occupy a space before 3:00. 10) 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. I) Each seller is responsible for cleaning up the area around his/her selling space. 12), Prices must be posted for all items sold. 13) Products, which can be sold, include: a. Any vegetable ~~rown by the seller from seeds, sets, or seedlings. b. Any fi•uits, nuts or berries grown by the seller from trees, bushes, or vines on the seller's farm. ~. An}• plant ~~rown by the seller from seed, seedling, transplant or cutting. d. Bulbs propagated by the seller. e. Eggs produced by the seller's poultry. I'. Floney produced b_v the seller's bees. g. Fresh (not frozen).balced 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 tl~e l'DA 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. Fire~~~ood cut b}~ the seller. k. Compost produced and bagged by the seller. No topsoil or un-bagged compost may be sold. I. Fish, meat, and cheese from animals raised on the vendor's premises. ICI) All produce must be of top quality, to be determined by the market manager. 15) 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 ~~!'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. 16) A11 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. 17) No animals may be sold or given away at the market. 18) Non-farm crafts produced by the seller may be sold at the Carrboro Market. All crafts must be approved by the crafts committee. 19') Active members of the CFM may sell books that they leave originally written that relate directly to the actual product sold at the Market, or describing tl~e work and life of the seller as it relates to their market activities. Photographs may be included that relate to the seller's life and ~~,~ork. All books must be approved by the Board of Directors prior to sale Updated 2/2006 3~ Chapel Hill-Carrboro Farmers' Market Guidelines for Non Farm Crafts Tl~e followin4~ guidelines are set forth for the purpose of jurying non farm crafts in order to determine whether the proposed craft is eligible to be sold at markets operated by Chapel Hill-Carrboro Farmers' Markets, Inc. All non farm crafts must be jiaried by the Crafts Committee prior to being sold at any rnarlcet operated by Chapel Hill-Carrboro Farmers' Markets, Inc. The Crafts Committee recommends to the Board of Directors of the Chapel Hill-Carrboro Farmers' Markets, Inc. whether or not the proposed craft is eligible to be sold at tl~e market. The Board of Directors has the final determination as to whether or not a craft item can be displayed and sold. Crafts, for the purpose of tl~e Chapel Hill-Carrboro Farmers' Markets, Inc., shall be determined to be: an item which an obset•ver of the craft can an~reciate tl~e technique and execution of the ernployment of manual skill in the craft's production. Non-farm crafts are produced from materials not grown or harvested by the crafts person. Farm crafts are value added farm products produced predominately from materials grown or harvested by the crafts person. crafts do not have to be juried by the Crafts Committee but do have to pass all other farm inspections. ...These . . '1•lie Crai'ts Committee will be composed of five current crafts vendors. Alf recommendations to the Board of Directors by this committee will be by majority vote. Any new nnn-rn•rn crai't item proposed to be sold at The Farmers' Market must be reviewed by the Crafts Committee and approved by the Board of Directors. New non fcn•m crafts applicants must submit applications for review by the Crafts Committee at least one month before the next jurying date. These forms should be given to the market manager. ~'he Crafts Committee will only jury items the last Saturday of every month if prior request is made. Potential craft vendors will not be present at the jurying to insure open and frank discussion. The Crafts Committee will render its collective decision in writing using the Crafts Jurying \~Jorlcsheet to the Market manager on the next market day. The Market manager will then poll the Board of Dlrl'Clof5 for their consensus prior to informing the potential craft vendor. Members o1'tl~e Market classed as farmers may sell non-farm crafts. These crafts must meet all guidelines contained herein, be r~vie~~~ed b}' the Crafts Committee and be approved by the Board of Directors. To retain farmer classification more than 50%ofthe vendor's display must be farm products for 17 weeks or more each year, this determination to be made by the Market manager. Specific Criteria 1. A II crafts must be hand crafted by the vendor or a member of the vendors farm or craft unit. 2. Crafts must be the product of a home or cottage type industry using an intermediate type technology rather than an industrial type I~rucluetion. To be considered "hand crafted", the item must show evidence of manual skills obtainable only through a significant period of experience and dedication. L•"xamples of unacceptable items would be, but not limited to: tracings of paint by number, photographs, postcards, prints, printed materials, ceramics or pottery from commercial molds, wood carvings using duplicating machines, kits in any form, and any other items which clearly do not reflect originality of design. 3. "I`hc value of purchased ra~~~ materials shall not exceed 30% of the selling price. ~. No mechanical, optical, digital, or electronic reproductions will be allowed. ~. All crafts must be of excellent workmanship both in quality and design. G. All crafts vendors must comply with and abide by all Rules and By-Laws used to govern the Chapel Hill-Carrboro Farmers' Markets, inc.' 7. ~fhe Market manager I~as the discretion to immediately remove any craft item that he/she considers objectionable. The Board of Uir~.ctors must review the manager's decision within 30 days and make an official ruling on the matter. 31 Other Rules and Precedent Used to Operate the Market 1. .A copy of the By-Laws must be given to each member. 2. ,-111 suggestions, complaints, comments must be presented in writing to the Board of Directors, signed by the member with their name, address, and telephone number. 3. A current directory of all members with voting status will be given to all members at each annual meeting. ~l. Space Assignment and Seniority System for all members eligible to reserve a selling space: a. space assigned previous season i.s automatically re-assigned. b. request for different or additional space will be assigned, if space available, first•come i~irst served, by seniority system: l . number of years with 17 weeks or more, if tie: 2. number of years with 27 weeks or more 3. if tie in number of years with 17 weeks or more but no years over 27 weelcs 4. if tie at 17 and 27 weelcs then total number of weeks over 17 breaks tie. 5. 15 space limit on sellers who produce only crafts or prepared foods (e.g. baked goods). Crafts and prepared foods vendors can reserve only one space. 6. Members wishing fo sell a new category of product (example-a baker now wants to sell produce) than they previously have, must fill out a new application and be approved by the Board of Directors. .7. Number of weeks sold at either market count towards 17 needed for active/voting member requirement as long as riot from both markets in the same week(s). Temporary Seller Program: a. New temporary seller- new applicant b. Uld temporary seller- associate member from previous years c. Priority for assigning open spaces during market season is: old temps, old temps from the other. market, new temps (farmers have priority over crafts and bakers). d. Temporary sellers cats loose space at any time if all reserved spaces are filled. e. Temporary sellers must call the manager Thursday evening before they plan to sell on Saturday to see if there is space for them. f. if a temporary seller sells 17 weeks or more then they become a full active member of the market. 9. A minimum of 7 active members must be reinspected each year. 10. No more than 50% of the spaces under the shelters may be reserved by multiple space vendors. 11. Vendors requesting a second space must file a request with the Market Manager at he beginning of the selling season prior to the year in which you want the second space. 12. A farm unit is defined as one business. 3a By-Laws of The Durham Farmers' Market Article I Purpose and Goals Section1. Purpose and Powers. Reasons for forming the Durham Farmers' Market and the powers it exercises are set forth in the organization's Articles of Incorporation. _ Section2, Goals. The Durham Farmers' Market was founded to promote direct marketing of farm products and handcrafted goods from producers to consumers. The goal of the Corporation is to operate a farmers' market in downtown Durham to provide 1) a direct retail outlet for the region's farmers and craftspeople, thereby promoting local agriculture by supporting local farmers and craftspeople and 2) an alternative outlet for consumers to buy high quality fresh products at reasonable prices in an atmosphere conducive to exchange of information and ideas between producers and consumers. Article II Membership and Dues Section 1. Corporation Membership The farm/business of anyone actively engaged in the production of farm products or handcrafted goods for direct sale (i.e. the original producer of all products sold) that meets the qualifications for membership in the Corporation as stated in Article I1, Sections 5 and 6 and the requirements set forth below, may become a Market Member. The required steps are 1) application, 2) acceptance by the Board of Directors, and 3) payment of annual dues. Section 2. Market Members. A Market Member is a farm or business that produces farm and/or handcrafted goods. A Market Member includes any person or group of people cooperatively producing farm products and/or handcrafted items under one farm/business name. A Market Member must pay dues, may vote, and will be allowed use of a vendor space at the Market. Only Market Members are eligible to sell at the Market. Market Members must abide by Corporation rules, regulations, and by-laws, including Market Rules. A copy of Market Rules will be given to each Market Member before the start of each season. Definitions of farm products and crafts which may be sold at the Market are determined by the Board of Directors and are included in Market Rules. A. A Market Member is eligible to reserve a vendor's space for the upcoming season based on the seniority system stated in the Market Rules. The Board of Directors will determine procedures for reservations. B. Each Market Member is allotted one vote on Corporation issues brought before the membership. C. At least one person representing each Market Member must attend the spring Annual Membership Meeting each year. D. Market Members agree to allow their farms/facilities to be inspected by a committee designated by the Board of Directors whenever deemed necessary. Section 3. Annual Dues. Annual dues will be set by the Board of Directors and will be proposed to Market Member representatives at the spring Annual Membership Meeting each 33 year for approval by majority vote of those present. Annual dues must be received each year by the start of the first market day attended by a Market Member. Payment of dues entitles a Market Member to sell on all market days of the season. Section 4. Weekly Fees. A weekly vendor's space fee will be set by the Board of Directors and will be proposed to Market Member representatives at the spring Annual Membership Meeting each year for approval by majority vote of those present. The weekly fee will be collected from each Market Member selling on each market day. Section 5. Acceptance of Market Members. Membership applications are to be filed with the Market Manager according to the written form determined by the Board of Directors. The Board of Directors will consider membership applications according to criteria and atime-line set by that body. A majority of the entire, Board of Directors is required to approve a membership application. Section 6. Requirements for Membership. The farm/business of anyone actively engaged in the production of farm products or handcrafted goods for direct sale (i.e. the original producer of all products sold) may apply to become a Market Member of the Durham Farmers' Market. Applications for new memberships must be made each year by the date set in the Market Rules for the season in which the new member wishes to sell. A. Market Member farms/facilities must be within a 70-mile radius of Durham and within the state of North Carolina. B. Market Members must allow an initial farm/facilities inspection to be conducted by a committee designated by the Board of Directors to verify to the Corporation that the Market Member is the producer of all goods being sold. The inspection must be carried out before.a Market Member is allowed to sell at the Market. C. Market Members are.accepted or rejected by the Board of Directors as stated in Article . II, Section 5. The Corporation's Board of Directors has the power at any time to determine who is eligible for membership and to limit the number of Market Members according to the size of the Market and/or number of market days for the season: Section 7. Transfer of Membership. Membership in the Corporation is not transferable or assignable to another party. Section 8. Resignation. A Market Member may resign at any time in writing to the Market Manager. Resignation will not relieve the Market Member of obligation to pay previously accrued dues, assessments, or other charges, nor will annual dues be prorated or refunded. Section 9. Membership Termination. The Board of Directors may vote to suspend for a fixed period of time or expel a Market Member for cause. Market Members have the right to notice before such action is taken. Cause may include but is not limited to 1) failure to submit to or abide by decisions made by the Board of Directors, including the Market Rules, or to accept any ruling of the membership, 2) selling or offering for sale any product not grown or originally produced by the Market Member, 3) failure to pay dues by the period fixed by the by-laws. Membership annual dues are not refunded when a Market Member is expelled for any reason. Section 10. Reinstatement. Upon submission of a New Member Application during the regular application period, the Board of Directors may reinstate a terminated Market Member to membership in a subsequent season under terms the Board of Directors deems appropriate. 3~ Section 11. Property. No property rights shall accrue to any Market Member. In case of dissolution, all property assets after payment of debts accrue to the Corporation as provided in the Articles of Incorporation. No Market Member will be liable. for the Corporation's debts or obligations. Section 12. Agents of Market Members. Any individual may perform activities on behalf of a Market Member, including selling at the Market, as designated by the Market Member. Article III Meetings of the Corporation's Membership Section 1. Annual Membership Meeting. The Corporation's Annual Membership Meeting will be held at a time and place designated by the Board of Directors sometime during the first quarter of the calendar year. Section 2. Regular and Special Meetings. The Board of Directors will establish a schedule of regular meetings of Market Members and designate the time and place of the meetings. Special meetings of Market Members may be called by the President, the Board of Directors, or by not less than one-fifth of the Corporation membership. . Section 3. Notice of Meetings. Notice of all annual, regular, and special meetings of Market Members will be prepared and mailed at least ten days and not more than 30 days prior to the date of each meeting to the last known postal address of each Market Member. Each notice will include the time, place, and purpose of the meeting. Section 4. Voting. Corporation membership votes occur as stated in Article II, Sections 2, 3, 4. One vote is allotted per Market Member. Membership votes may be conducted only at annual, regular, or special meetings when a quorum of Market Members is present. Section 5. Quorum. Market Members representing 50% of the total membership (rounded up in the case of an odd number of Market Members) will constitute a quorum. In the event that a quorum is not present, a meeting may be adjourned by the Market Members present until a quarum can be obtained. Section 6. Order of Business. Annual Membership Meetings will follow a standard order of business: 1 Officer roll call and quorum determination 2 Reading and approval of minutes 3 Officer reports 4 Committee reports 5 Unfinished business 6 New business 7 Adjournment Article IV Directors and Officers Section 1. General Powers. Corporation affairs will be managed by the Board of Directors. Directors must be residents of the state of North Carolina and must be active Corporation 35 members. Nine members will comprise the Board of Directors, two of whom will be drawn from the craft member community and~the balance drawn from the farm member community. Section 2. Election of Board of Directors. The Board of Directors will be elected by and from among Corporation members at the spring Annual Membership Meeting. A. Board members must be elected by the majority of Market Members represented at the meeting. B. Board members will serve two-year terms, with half of the members leaving or standing for re-election to the Board each year. C. No Board member will hold simultaneously more than one of the following positions: President, Vice President, Secretary, Treasurer. Section 3. Election of Officers. Immediately after each election of the Board of ,Directors by the Market Members, the Board of Directors will hold a regular meeting and organize by the elecfiori of a President, Vice President, Secretary, and Treasurer, each of whom will hold office until the election and qualification of their successor. President and Vice President will be elected by and from the Directors continuing in office. The President must be chosen from among the Board members from the farm member community. Each officer serves aone=year term and may be re-elected more than once. Section 4. Vacancies. Whenever a vacancy occurs on the Board Directors, other than from the expiration of a term of office, the remaining Directors may select a replacement to serve until the next regular or special membership meeting. . Section 5. Board Meetings. Meetings of the Board of Directors will be held at such time and place as the Board determines. Section 6. Special Meetings. Special meetings of the Board of Directors will be held whenever called by the President or by two Board members. Each call for a special meeting will state time, place, and business of the. meeting. Section 7. Notice of Board Meetings. Notice of regular and special meetings of the Board of Directors must be given to each Director by standard post, a-mail, telephone, or in person. Such notice will ~be given at least seven days before a regular and one day before a special meeting. Any person who is part of a Market Member farm/business may attend Board meetings. Section 8. Quorum. A majority of the Board of Directors constitutes a quorum for the transaction of business at any Board meeting. Section 9. Compensation. Directors and officers will not receive salaries for their services. By resolution of the Board of Directors, travel expenses may be reimbursed for attendance at regular or special meetings of the Board. Nothing, in the by-laws precludes any Director or officer from serving the Corporation in any other capacity and receiving compensation for such services, with the exception of the Market Manager who may not be affiliated with a Market Member. Section 10. Removal. Ariy Director may be removed for cause by atwo-thirds vote of the Corporation membership at a special or regular membership meeting. Any Market Member may initiate a vote to remove, but the vote may be taken only after the membership has received .written notice of at least 30 days but not more than 60 days to indicate the Market Member's 3~ intention to initiate a vote to remove. Article V Duties of the Board of Directors Section 1. Management of Business. The Board of Directors will have general supervision and control of the Corporation's affairs and will make all rules and regulations not inconsistent with North Carolina law or with the Corporation by-laws for the management of the business, guidance of agents of the Corporation, and supervision of employees/contractors. This includes the power to levy a fee for any service provided by the Corporation to its members, provided the exact fee is approved by a majority vote of the Corporation membership at any regular or special membership meeting before it goes into effect. The Board of Directors has the authority to promulgate an ethical code of conduct to regulate the activities of members. The Board of Directors must maintain proper records .of all business. Section 2. Employees/Contractors. The Board of Directors may employ or authorize the employment of employees/contractors as deemed necessary and to set compensation at a fair market value for the services rendered. Section 3. Bonds and Insurance. The Board of Directors may require officers, agents, and employees/contractors charged by the Corporation with responsibility for the custody of any of its funds or negotiable instruments to give adequate bonds. Such bonds, unless cash security is given, shall be furnished by a responsible bonding company and approved by the Board of Directors, and the cost thereof will be paid by the Corporation. The Board of Directors will provide for the adequate insurance of the Corporation's property or property stored by the Corporation, and not otherwise adequately insured. The Board of Directors will provide adequate liability insurance to cover activities of the Board of Directors and potential accidents to all employees and the public. Section 4. 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 Corporation will be signed by the Treasurer. The Board of Directors may authorize the Market Manager or any Market Member representative to sign any check, draft, etc. on behalf of the Corporation. Such authority may be general or confined to specific instances. Section 5. Contracts. The Board of Directors may authorize any officer oremployee/contractor of the Corporation to execute and deliver a contractual instrument in the name of the Corporation. Such activity may be general or confined to specific instances. Section 6. Gifts. The Board of Directors may accept on behalf of the Corporation any contribution, gift, or bequest for the general purpose or any special purpose of the Corporation. Section 7. Audits. From time to time and at leastonce a year, the Board of Directors will review the Corporation's financial records. The Treasurer will deliver an annual written statement on the Corporation's financial affairs. At least once each year the Board of Directors may secure the services of a competent and disinterested public auditor or accountant and submit a written report based on the fndings to the Corporation's membership. 37 Section 8. Agreements with Market Members. The Board of Directors has the power to carry out all and any agreements of the Corporation with Market Members and others in every way advantageous to the Corporation, representing the Market Members and ethers collectively. Section 9. Depository of Funds. The Board of Directors will use a federally insured bank to deposit the Corporation's funds. Section 10. Memberships. The Board of Directors will accept new Corporation members, terminate memberships, and reinstate memberships as stated in Article II of the by-laws. Section 11. Observance of the By-Laws. The Board of Directors has the power to enforce the observance of all provisions of the Corporation's by-laws by Market Members. Article VI Duties of Officers Section 1. Duties of the President. The President will: 1 lead the Board of Directors 2 preside over the Corporation's meetings 3 preside over meetings of the Market Members 4 call special meetings of the Board of Directors 5 perform acts and duties usually performed by an executive and presiding officer 6 supervise employees/contractors 7 sign all papers for the Board of Directors except (see Article V, Sections 4, 5). The President will perform such other duties as may be prescribed by the Board of Directors. Section 2. Duties of the Vice President. The Vice President will assist the President and will perform the duties of the President in his/her absence. The Vice President will perform such other duties as may be prescribed by the Board of Directors. Section 3: Duties of the Secretary. The Secretary will be responsible for keeping the archive of Corporation records and documents, including a complete record of Corporation meetings and meetings of the Board of Directors. S/he will serve all notices, including state and federal legal and tax documents, required by law-and by the Corporation by-laws. S/he will make a full report of all matters and business pertaining to the office of Secretary at the Annual Membership Meeting. The Secretary will participate in the compilation of reports required by the Corporation or the Board of Directors. S/he will retain a current, complete list of Market Members, agents, and employees/contractors of the Corporation and their contact information, as compiled by the Market Manager. The Secretary will turn over all records and documents and other Corporation property in his/her possession upon election of a successor. Section 4: Duties of the Treasurer. The Treasurer will perform all duties with respect to Corporation finances as prescribed by the Board of Directors and as provided in Article V, Section 4. S/he will make a full report of all matters and business pertaining to the office of Treasurer at the Annual Membership Meeting. The treasurer shall turn over all books and other Corporation property in his/her possession upon election of a successor. Section 5. Succession of Officers. In case of death or resignation of an officer or the inability of an officer to perform his/her duties, the Board of Directors may declare the office vacant and elect the officer's successor as provided in Article IV, Section 4. 3~ Article VII General Provisions Section 1. Fiscal Year. The Corporation's fiscal year will begin on the first day of January and end the last day of December each year. Section 2. Inspection of Records. All Corporation books and records may be inspected by a representative of any Market Member or its attorney for any proper purpose at any reasonable time. Documents will be made available within two weeks of receipt of a written request for such an inspection. Section 3. Committees. Any business function of the Corporation may be delegated to a committee of Markets by the Board of Directors. Committees will investigate, plan, regulate, . and oversee any function of the Corporation within the approval of the Board of Directors. However, the Board of Directors may not avoid their responsibilities for Corporation business ~by delegating to committees. A committee chairperson may be elected by a committee. Section 4. Market Manager. The Board of Directors will employ/contract a Market Manager. The Market Manager may not be a Corporation member. The Board of Directors will approve in December of each year a contract delineating the responsibilities of the Market Manager for the coming year. Article VIII Amendments Section 1 Amendments to the Articles of Incorporation. The Articles of Incorporation may be altered, amended, or replaced only by atwo-thirds majority vote of the Corporation membership at a regular or special meeting. Intention to seek a change in the Articles of Incorporation must be filed with the Secretary in writing at least ten days before the meeting during which it is to be considered and before the notice of such meeting has been provided to the Market Members. Section 2. Amendments to the By-Laws. The by-laws may be altered, amended, or replaced by a majority vote of the Corporation membership at any regular or special meeting. Intention to seek a change in the by-laws must be filed with the Secretary in writing at least ten days before the meeting during which the change is to be considered and before the notice of the meeting has been sent to Market Members. 3 ~' Official Rules of the Durham Farmers' Market Market Member Qualifications: a) Each market Member must reside and produce items to be sold within a 70 mile radius of Durham city limits, in the state of North Carolina. b} The Durham Farmers' Market is a "Producer only" market, as such, each market Member must be the original producer of the items sold. c) Each market member seller must be the original producer of the items sold or be a designated representative of the market Member. d) A market Member may lease land for crop production, however, the market member must perform all operations to maintain any established crop for at least one full season before selling the harvest at the Market. e) The-Board of Directors (BOD)-or Manager may conduct an inspection of any market member during the season at any time to verify a crop's origin. f) A market member who purchases land with a perennial crop on it may sell that crop in the year of purchase. 2. Market Operation: a) Market Operating Schedule: • The Market season runs. from the first Saturday in April to the Saturday before Thanksgiving. The Winter Market runs Dec -March under the same rules, except attendance at the Winter Market has no effect on seniority calculations for the regular season market. • Market operating hours are from 8:00 AM to noon on Saturdays during the Market season. Winter hours are from 9:00 to noon. b) Market member sellers may arrive any time before 8 am. Market member sellers arriving later than 8 am will set up at the periphery of the Market. c) Market member sellers with reserved spaces must notify the Manager if they will not be selling at the Market on a given Saturday. d) Market member sellers should not move their vehicles into or out of the Market area during times when such movement would pose danger to people in the shopping area. No vendor will be allowed to leave before noon except in the case of an emergency. e) Market Signage Guidelines: • Prices must be clearly posted for all items sold. ® Market members determine their own prices, but it is recommended that prices reflect accurate and fair value. . • Only certified organic growers may use the term "organic" in their advertising at the Durham Farmers Market. f) Market member sellers are responsible for cleaning up the area around his/her stall after Market. Failure to clean up may jeopardize the Market's use of the site and will not be tolerated. No water or ice that comes in contact with meat or fish should be deposited or allowed to drain on Market premises. Failure to clean the space will result in a $5 fine paid the following Market day. 3. Market Member Responsibilities: Remised Janucr~y 8, 2007 ~~ a) Fees: ° Annual membership fee of $50 must be paid by each market member in early February, exact date set annually by the Board of Directors. Annual membership fees are non-refundable after opening day of the market season, regardless of whether or not the member attends market during the course of the season. • Daily fees are as follows: $8 for one space, $12 for a second space. Winter Market fees $10, single spaces only. b) Attendance at the annual member meeting is mandatory or a fine of $10 will be assessed plus loss of seniority rights to a reserved space for the year. c) Market members must provide a copy of all documentation (kitchen inspection, lease agreements, etc) with their annual. Returning Member Application. d) Market members who wish to sell a new product that is not on their application must notify a board member at least a week prior to selling. e) Market members wishing to sell a new category of product must have product approved by the BOD prior to bringing it to Market. f) A copy of the By-Laws will be provided to any Market Member upon request. A current copy of the Market Rules will be provided with each application. g) To remain a Market Member in good standing, a Member must attend the market a minimum of 4 weeks per season. Any member who does not participate at least 4 times in the previous season must reapply as a New Member Applicant and pay the New Member Application Fee. There will be no guarantee of reinstatement. 4. Application Process for New Members: a) A $20.00 non-refundable application fee, $50 annual membership fee and a completed and signed New Market Member Application must be received between January 1st and February 28th of the year the new applicant wants to start selling. If the application to join the market is not approved, the $50 annual membership fee will be returned. If a category (farmer/crafter) is closed to new vendors, both application and membership fees will be returned. b) Farms or production sites of all new applicants will be visited by the Market Manager, a Board Member, and/or the Agricultural Extension agent to verify eligibility. c) All applicants still under consideration are expected to attend the annual Spring Membership Meeting. d) The Board of Directors will review the applications, make inspections and send acceptance and rejection letters by April 15`h. e) All appropriate documentation must be on file with the Market Manager (including a signed contract indicating that the approved market member agrees to the Rules of the Durham Farmers' Market) and market membership fee must be paid before the market member can begin to sell at the market. 5. Market Member Space Allocations: a) Each individual market space is defined as 10 linear feet wide and 10 feet deep. Some are reserved and some are non-reserved. b) Each market member is allotted one space. No shared spaces are permitted. c) Second spaces will be granted as space permits to qualified Farmer Members. New Remised Jcrn.z~ary $, 2007 2 ~~ Members, Prepared Food Members and Crafter Members are not permitted the use of double spaces. When the DFM moves to the market shelter, no more than 40% (rounded down) of the spaces under the shelter may be reserved by double space members. ' d) To request a second space, the Farmer Member must: i) have sold at 64% (rounded up) or more of the market weeks the preceding year. ii) have a space open next to their current space or be willing to move. to two open contiguous spaces elsewhere in the market. iii) have the highest seniority of those interested in occupying those available open spaces. iv) file the request for a second space for the following year with their Returning Market Member Application. _ :.u)..-show. a:: ju tif_ied need_:for_.the:addi.tional.space::to the..Board:.: A second:.space: may be granted based on the Application form and the observations for the full season of the Market Manager and Board of Directors. The Manager and Board will observe if the Applicant consistently brings enough volume of .product and makes full use of current space to justify a second space. e) Non-reserved spaces will be available and assigned on a first come/first served basis dictated by the Market Manager. f) Reserved Spaces: • To qualify for a reserved space, a market member must have participated in the market at least 50% of the total market days during the previous season. • Returning members who had an assigned booth in the previous season and who attended a minimum of 50% of the total market days in the previous season have first right of retention to maintain the same booth assignment. Resulting open spaces will then be assigned/selected according to standard seniority calculation rules. • The reserved space selection process will take place once a year at the Spring Membership Meeting. A market member's reserved space preference may only be communicated by the individual market member.or a duly designated representative (who is not another market member) in attendance at the Spring Membership Meeting. Swapping spaces after this annual selection is not permitted except under extraordinary circumstances with permission of the Board of Directors. • Seniority will be calculated as an average of the past three years' attendance at. the market plus the number of years the member has attended 50% or more of total market days for all previous years. Ties in calculating seniority will be settled by calculating the total number of weeks a member has attended the market for all previous years. • Reserved spaces will only be held until 7:30 am, unless prior notice is given to the Market Manager. Market members with reserved spaces must notify the Manager if they will not be attending the Market on a given Saturday. 6. Market Manager Responsibilities: a) The Market Manager will be prepared to assist in the assignment of non-reserved spaces and greet market member sellers an hour prior to market opening time. b) The Market Manager is responsible to monitor market member products and Re~~ised January 8, 2007 3 ~a . compliance with the Rules of the Durham Farmers Market. c) The Market Manager will collect all fees: The annual membership fee is to be paid in early February, exact date set annually by the Board of Directors. Daily attendance fees are to be collected by the manager from each market member in attendance by no later than 1 I am on each market day. d) The Market Manager will place on a first come%first served basis all market members who do not have reserved spaces. e) The Market Manager will keep on file all applications and documentation needed to sell at the market. f) The Market Manager will control parking areas for safety. g) A current directory of all members and record of attendance will be maintained by .the Market Manager and made available with permission of each market member. 7. Complaint Process a) Complaints must be submitted in writing to a board member. b) Action to be taken will be determined by the Board. If inspection is deemed necessary it can be conducted at any time. c) A letter will be sent to the market member regarding the nature of the infraction. d) if tl~e market member is found to be in violation of the producer only rule (Sections l.b. and 7.a.) or the market member qualifications (Section 1), they will be suspended from attending the market for a period of four weeks. e) If a market member breaks the rule a second time in the same season, they will be expelled for the remainder of the season. The Board will communicate this in writing. Once expelled, the producer will no longer be considered a market member and will have to reapply as a new member for the next season, forfeiting all seniority and tenure. 8. Eligible Market Products a) No resa]e of produce or other products is allowed. b) The Board of Directors may conduct an inspection of any vendor during the season at any time to verify a product's origin. c) No live animals may be sold or given away at Market. d) All products sold at market must meet state and local health regulations including market member kitchen inspections by NCDA health inspectors or NCDA stamp of approval. Market members must have a copy of their kitchen inspection on file with the Market Manager. e) All Health Department regulations (temperature control, air contact, etc.) pertaining to the sale and transport of any fresh foods (raw meat, dairy, etc.) sold at market must be observed. f) All produce must be of top quality, as determined by the Market Manager. g) All meat, poultry, fish and all products not listed must be approved by BOD. h) Products which may be sold at the Durham Farmers' Market are listed below: If more than 25% of a Member's average booth sales or display space are of craft items, the Member is considered a Crafter. i) Market members wishing to sell a new category of product must present it to the BOD prior to bringing it to Market. Re~~isea' Jcn~racny R, 2007 4 ~- 3 Direct Farm Products: ° Vegetables grown from seeds, sets, or seedlings • Fruit, nuts or berries grown on land owned or leased by the market member • Plants grown by the market member from seed, bulbs, transplants or cuttings • Bulbs propagated by the market member. . ° Cut and/or dried flowers, herbs or seeds, raised by the market member ° Honey and bee products from the market member's bees • .Eggs from poultry owned by the market member • Meat from animals raised on the market member's premises. • Fish caught within Market radius, subject to BOD approval. Value Added Farm Products: . - ~- -Pr-eserves; piekies,=jams -vinegars, etc.;=made-by:the market member.: No law-acid ca~zned foods or cara~zed tomatoes will be allowed. ° Dried or cured meats, country hams, skins, etc. by approval of the BOD. • Cheeses, or milk products, approved by the BOD, from the market member's animals. • Baked Goods and Crafts • Fresh baked goods made by the market member. Frozen or baked goods from a retail store are not allowed. ° Soaps and herbal body care products hand produced by the market member. ° Beverages which maybe sold: Coffee, herbal teas, lemonade sold in paper cups. ° Farm related crafts such as dried flowers, birdfeeders, photos, etc. ° No alcoholic beverages are permitted at Market. Crafts Statement . Originally intended to supplement income for farms, crafts will be permitted. Crafts that are farm related are especially encouraged. Artisans are encouraged to include information about the source of their local materials and/or the history of their craft. The number of craft market members will be limited to no more than 25% of the total n~imber of market members. Acceptance of craft applicants will be based on space availability, category of craft, materials used, general quality and workmanship. ,If more than 25% of a Member's average booth sales or product display are of craft items, the Member is considered a Crafter. Revis•c~cl J~rniaury 8, 2007