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Commissioner Rich said she really wants to have a conversation aboutsafety and gather sufficient information about this. Chair Jacobs said Orange County has no funding for bikes and it is up to DOT. He wouldrather see bike lanes on less traveled roads. Commissioner Pelissier said she supports option 1 thatCommissioner Gordonmade in hermotion because shesees more bikers on the safer, straighter roads. Commissioner Price agreed with option 1 as well. VOTE: Ayes, 5; No, 1 (Commissioner Rich) 7.Regular Agenda a.License Agreement for FarmersMarket Pavilion — Eno River Farmers' Market, Inc. The Board considered the approval of a new license agreement for the Eno River Farmers' Market, Inc. (ERFM) for use of the Farmers' Market PavilionfromApril 1, 2013 through March 31, 2016 (existing agreement expires March 31, 2013) and authorizing the Chair tosign. Departmentof Environment, Agriculture, Parksand RecreationDirector Dave Stancil said on May 5, 2009Orange Countyentered into a license agreement with the Eno River Farmers' Market, Inc. (ERFM), for use of the Farmers' Market Pavilion. The Pavilion is located within the County's River Park and is just south of East Margaret Lane behind the Orange County District Attorney's office. On March 13, 2012 OrangeCounty and the ERFM agreed to a one year amendment of this agreement. The amendment included some changes, most notably a clause stipulating payment by the ERFMto OrangeCounty for use of the Paviliontwodays each week during theterm of the agreement. The agreed upon rate was $500 for the year. He said that a new draft license agreement (in their agendapacket) continues the $500 annual rate for an additional threeyears. The agreement also stipulates (at the Market's suggestion) that the ERFM will use the Pavilion only once per week (on Saturdays from 6:OOam to 1:00 pm). The Agreement excludes Hog Day weekend, but addsthree additional Saturday periods for special events. In total, the numberof eventsdoesnotexceed 54 in a given year. Otherwise, there is no substantive change from the amendment. David Stancil said the County willbe responsiblefor utilities, restroom cleanup, and routine site maintenance. ERFM will be responsible for removing solid waste and recyclable content from the on-site containers after each event, as well as a general sweeping of the pavilion floor and a general litter policing of thearea. The proposed agreement has been reviewed by the ERFM Board. While in agreement with most of the provisions, the ERFM proposes to instead pay an annual fee of$300 for use of the Pavilion. The ERFM Board plans to use the Pavilion on Saturdays only in the upcoming lease, and has inquired as to a reduction in the annualfee on this basis. Commissioner Rich asked what the feeactually covers. Dave Stancil said it isin lieu of a usagefee such as cleaning, etc. Frank Clifton said the $500 rate allows the ERFMto use the facility every Saturday. Commissioner Pricesaid this isa pavilion for all to use but it was actually built for a farmersmarket and ChairJacobs said yesand that the County received federal funds. PUBLIC COMMENT: Attachment 3 42