Agenda - 04-23-2013 - 5a - Laserfiche WebLink

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8 1 7. Regular Agenda 2 a. License Agreement for Farmers Market Pavilion — Eno River Farmers' 3 Market, Inc. 4 The Board considered the approval of a new license agreement for the Eno River 5 Farmers' Market, Inc. (ERFM) for use of the Farmers' Market Pavilion from April 1, 2013 6 through March 31, 2016 (existing agreement expires March 31, 2013) and authorizing the Chair 7 to sign. 8 Department of Environment, Agriculture, Parks and Recreation Director Dave Stancil 9 said on May 5, 2009 Orange County entered into a license agreement with the Eno River 10 Farmers' Market, Inc. (ERFM), for use of the Farmers' Market Pavilion. The Pavilion is located 11 within the County's River Park and is just south of East Margaret Lane behind the Orange 12 County District Attorney's office. 13 On March 13, 2012 Orange County and the ERFM agreed to a one year amendment of 14 this agreement. The amendment included some changes, most notably a clause stipulating 15 payment by the ERFM to Orange County for use of the Pavilion two days each week during the 16 term of the agreement. The agreed upon rate was $500 for the year. 17 He said that a new draft license agreement (in their agenda packet) continues the $500 18 annual rate for an additional three years. The agreement also stipulates (at the Market's 19 suggestion) that the ERFM will use the Pavilion only once per week (on Saturdays from 6:OOam 20 to 1:00 pm). The Agreement excludes Hog Day weekend, but adds three additional Saturday 21 periods for special events. In total, the number of events does not exceed 54 in a given year. 22 Otherwise, there is no substantive change from the amendment. 23 David Stancil said the County will be responsible for utilities, restroom cleanup, and 24 routine site maintenance. ERFM will be responsible for removing solid waste and recyclable 25 content from the on-site containers after each event, as well as a general sweeping of the 26 pavilion floor and a general litter policing of the area. 27 The proposed agreement has been reviewed by the ERFM Board. While in agreement 28 with most of the provisions, the ERFM proposes to instead pay an annual fee of$300 for use of 29 the Pavilion. The ERFM Board plans to use the Pavilion on Saturdays only in the upcoming 30 lease, and has inquired as to a reduction in the annual fee on this basis. 31 32 Commissioner Rich asked what the fee actually covers. 33 Dave Stancil said it is in lieu of a usage fee such as cleaning, etc. 34 Frank Clifton said the $500 rate allows the ERFM to use the facility every Saturday. 35 Commissioner Price said this is a pavilion for all to use but it was actually built for a 36 farmers market and Chair Jacobs said yes and that the County received federal funds. 37 38 PUBLIC COMMENT: 39 Amanda Sherle said she is the Farmer's Market manager and she is glad for the 40 County's support. She said they do ask for a reduction in fees due to the reduction in hours 41 since they cut out the Wednesday markets. She said the vendor fees have had to be raised 42 this year. If the fee is reduced, the Farmer's Market would like to provide more community 43 events. 44 A motion was made by Commissioner McKee, seconded by Commissioner Price to 45 approve the ERFM request for a reduction in license fee to $300, approve the License 46 Agreement, and authorize the Chair to sign the Agreement on behalf of the Board. 47 VOTE: UNANIMOUS 48 49 b. Schedule a Public Hearing Regarding the Establishment of Three (3) New 50 Fire Service Districts