Agenda 04/28/2015 Item #11A 4/28/2015 11 .A.
EXECUTIVE SUMMARY
Recommendation to adopt policy guidelines governing the planning and conduct of
"Farmers Markets" held on Collier County property.
OBJECTIVE: To provide staff and community groups guidance in approving uses and
operational criteria for"Farmers Markets" in County parks and other County properties.
CONSIDERATIONS: On February 10, 2015, the Board of County Commissioners voted to
allow the weekly "Farmers Market" presently being held at the Golden Gate Community Center
to continue. As part of that decision, staff was directed to review and modify as necessary, the
land development code sections pertaining to similar events held on County property and to
develop a policy governing how "Farmers Markets" are to be managed with the intent of
allowing them to be held on an"on-going"basis, subject to appropriate controls and limits.
In accordance with the previous Board direction, Growth Management Department staff has
reviewed the current land development code language relevant to this issue and has proposed
changes to the code under a companion agenda item. Concurrently, the Public Services
Department has drafted and circulated a policy governing the operation of these events held on
County property.
The proposed policy contains the following key elements:
• Broadly defines the term "Farmers Markets" which is considered a "Community Event" and
provides guidance as to how these events are proposed to be managed
• Creates the role and defines the duties of a "Farmers Market Manager" (the individual
responsible and liable for managing each event)
• Distinguishes between "Short Term" (31 consecutive days or less) and "Long Term" (greater
than 31 days and not longer than 12 months) events
• Requires long term events to be advertised for competition before entering into a lease and
prior to a renewal
There are three salient factors that require clear policy guidance: 1) Approved uses; 2) Ratios of
use (vendor type); and 3) Rental term periods. Staff has reviewed these points and is making the
following recommendations:
1. Allow six categories to be considered allowable uses at "Fanners Markets" (farm
products, prepared foods, handmade goods, used goods, new retail goods, and services).
2. Requires that a majority of the vendors (51% or more) assigned space at the Farmers
Market shall sell farm products as defined in the policy. Vendors selling new retail
goods, would not comprise more than 10% of all of the vendors participating in any
event.
3. Short term rentals would be considered less than or equal to 31 consecutive calendar
days. These would be executed by staff using a Board approved facility rental
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agreement. Rentals greater than 31 days, but no longer than 12 months, would be
advertised and approved by the Board using a site specific lease agreement.
After receiving further guidance or approval of the staff recommendations, Staff will work with
the County Attorney's office to bring back standard rental agreements and a template lease that
will memorialize the Board's action and be compliant with County, State, and Federal codes.
The Board has great latitude to modify the uses and set terms for the use on public property that
are more restrictive than the code requires on private property. Staff will also consider the
Board's policy as guidance when it begins amending the Land Development Code (LDC) for
Temporary Events on private property.
The Department will also begin an evaluation of all standard form agreements for compliance
with Board approved uses and with consideration for fair access to the facilities.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: This policy is being presented as a companion to an
agenda item recommending changes to the current land development code that would generally
eliminate the need for a temporary use permit to be issued for events held on County property.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval.—CMG
RECOMMENDATION: That the Board of County Commissioners adopt the proposed policy
governing farmers markets on County property or provide further guidance, and direct the
County Manager or his designee to work with the County Attorney's office to bring back a
standard short term rental agreement and a long term lease template.
Prepared by: Steve Carnell, Public Services Department Head
Attachments: Draft Policy
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.A.
Item Summary: This item to be heard immediately following Item 9C. Recommendation to
adopt policy guidelines governing the planning and conduct of"Farmers Markets" held on Collier County
property. (Steve Carnell, Public Services Department Head)
Meeting Date: 4/28/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
4/20/2015 7:39:49 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
4/20/2015 7:39:50 PM
Approved By
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/21/2015 8:40:18 AM
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"FARMERS MARKETS" ON COUNTY PROPERTY
I. OVERVIEW: The enclosed policy is to govern the planning and conduct of
Short-Term and Long-Term "Farmers Markets" held on Collier County
property.
II. DEFINITIONS:
1. "Farmers Markets": Events intended to build networks within a local
community by providing farm, food and specialty vendors with a venue
to sell farm products, prepared foods and handmade goods directly to
the community or neighboring areas.
2. "Farm Products". Includes fresh fruits and vegetables, plants, flowers and
herbs.
3. "Farmers Market Manager": The applicant (or contractor) responsible for
and seeking to coordinate, host or conduct a Farmers Market on County
property.
4. "Short-Term" Farmers Market: A Farmers Market conducted on County
property within 31 consecutive days or less within a 12 month period.
5. "Long-Term" Farmers Market: A Farmers Market conducted on County
property over 31 days but no more than 12 months.
III. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS:
All Farmers Markets conducted on County property shall be in compliance
with applicable federal, state and local laws, including the applicable sections
of the Collier County Land Development Code.
IV. DUTIES OF THE FARMERS MARKET MANAGER:
1. Logistics and Capacity: Ensuring that each of the following have been
properly coordinated before, during or after the event:
a. Traffic Management
b. Law enforcement and emergency responder notifications
c. Lighting
d. Parking
e. Restrooms
f. Signage
g. Electrical Supply
h. On Site Safety
i. Event Wrap Up and Clean Up
j. Problem Resolution
•
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2. Permits: (obtaining and maintain State, local or federal permits when
required).
3. Insurance and Liability: Providing to the County Parks and Recreation
Division (or for events held on non-park County properties, other
appropriate County division), proof of sufficient insurance coverage that
includes a comprehensive general liability policy and where applicable, a
business auto policy. The policy (ies) shall endorse the Collier County
Board of County Commissioners as an "Additional Insured." A copy of the
"Additional Insured Endorsement" form must be provided with the
certificate of insurance as proof of coverage prior to the event. Additional
insurance coverage or higher limits may be required based upon
exposures determined during review of the application with the County's
Risk Management Division. Additional coverage may include a higher
limit for General Liability. Other insurance coverage may be required
including, but not limited to: commercial auto liability, liquor liability,
workers compensation and employer's liability.
4. Food Safety: Verifying that all vendors distributing food or beverage,
whether by sale or donation, have the appropriate food licenses as set
forth under Florida Statute Chapter 500 of the Florida Food Safety Act.
5. Business Licenses and Insurance Coverages: Verifying that all vendors
selling goods as part of the event have the required business licenses
and required insurance coverages.
6. Standard Rental and/or Lease Agreement: Entering into the appropriate
standard rental and/or lease agreement with the County.
7. Oversight of Sales Transactions: Monitoring and ensuring that all items
sold are consistent with the terms of this policy and the specific event
rental agreement.
V. GOODS AND SERVICES ALLOWED FOR SALE AT A "FARMERS MARKETS":
1. The majority of the vendors (51% or more) assigned space at the
Farmers Market shall sell farm products. Vendors selling new retail
goods, while not strictly prohibited, shall not comprise more than 100/0 of
the vendors participating in the event.
2. The Parks and Recreation Division shall have the authority to prohibit the
sale of any goods or services that are not consistent with allowable goods
and services applicable to a Farmers Market (see V. 1).
VI. SHORT-TERM - FARMERS MARKET FACILITY RENTAL AGREEMENT:
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1. All Short-Term Farmers Markets under the Board of County
Commissioners approved Facility Rental Agreement must be appropriate
to the mission of the park property, and not create any potential for
derogation of values or purposes for which the park was established.
They must be consistent with the park's future plans as well as present
operations. The Parks and Recreation Division reserves the right to limit
the number of Farmers Markets within the parks system in order to
preserve the public recreational use of public lands.
1. Short-Term Farmers Market Agreement between the Farmers Market
Manager and the County shall, at minimum set forth the following:
a) Date(s), times(s) and location for the Farmers Market;
b) Duties and obligations of the Farmers Market Manager germane
to the Farmers Market;
c) All required applicable Federal, State, and County required
permits;
d) A provision that authorizes the County to cancel or postpone a
Farmers Market as Parks and Recreation Division events will
take precedent over a Farmers Market; and
e) A provision that allows the County to terminate the agreement
altogether for cause or convenience.
2. Short-term Farmers Market Agreements will have a term of not more
than 31 consecutive days within a 12 month period.
3. The Farmers Market Manager will complete the Parks and Recreation
Division's facility rental agreement.
VII. LONG-TERM FARMERS MARKET LEASES:
1. All Long-Term Farmers Markets under a Board of County Commissioners
approved lease must be appropriate to the mission of the park property, and
not create any potential for derogation of values or purposes for which the
park was established. They must be consistent with the park's future plans as
well as present operations. The Parks and Recreation Division reserves the
right to limit the number of Farmers Markets within the park system in order
to preserve the public recreational use of public lands.
2. Long-Term Farmers Markets will have an initial term of between 32 days and
no more than one calendar year and where applicable, may include an option
for the parties to renew for three additional lease periods. In no case will the
lease rate be less than the average day rate used in a Short-Term rental
agreement.
3. Prior to entering into a Long-Term Farmers Market lease, the County
Manager or his designee shall publicly advertise the intended lease period in
order to afford other interested parties an opportunity to submit a competing
proposal or to object to the lease. The public advertisement shall include the
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date, time, and location where proposals are to be submitted and/or
presented, published criteria and a point of contact to answer questions.
Proposals and/or presentations received in response to the advertisement will
be reviewed by appropriate County staff and any applicable advisory
board(s).
4. Long-Term Farmers Market leases shall be negotiated by appropriate staff
and brought to the Board of County Commissioners for final approval.
4-22-15
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