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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 Packet Page-174- 4/28/2015 11 .A. 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 Packet Page -175- 4/28/2015 11 .A. 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 Packet Page-176- 4/28/2015 11 .A. "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 • Packet Page-177- 4/28/2015 11.A. 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: Packet Page-178- 4/28/2015 11 .A. 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 Packet Page-179- 4/28/2015 11.A. 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 Packet Page-180-