The Chestertown Farmers Market is about to get an updated set of rules and regulations.
At the Aug. 20 meeting of the Mayor and Council, Councilwoman Linda Kuiper presented a draft of proposed rules for the market. Kuiper represents town Ward 2, which includes the Fountain Park area where the Saturday morning farmers market is held, and Kuiper has taken an active interest in promoting the market and working with the vendors and non-profit organizations that use it.
Kuiper said there was a one-sheet set of rules “a long time ago,” which Town Manager Bill Ingersoll had begun a revision of in 2012, but had not finished. Many items on the original rules were outdated, she said. She said she has been more involved in all aspects of the market since market manager Owen McCoy passed away early last month, and has found issues that need to be addressed.
“This got a little longer than I thought it was going to be,” Kuiper said. She said the six-page document includes farmers, artisans, and non-profit organizations. The purpose of the market is to give local – “and I stress local,” she said – farmers, artisans, and non-profits the opportunity to sell in an open market and, for non-profit organizations, to provide education and information about their organizations.
There are some issues to be resolved. Kuiper said that the original rules said that each space would cost $10 weekly, but that some vendors are renting a second space at only $5. Also, Kuiper noted, it wasn’t clear whether the $20 application fee was being collected for the farmers market – “I know it was for the artisans.” She said she wasn’t sure whether some vendors were given a discount for paying the entire year in advance.
Ingersoll said that two spaces should be $20. He said he didn’t know why vendors were given a discount for a second space. The payments for spaces were brought to town hall as a lump sum without specifying who was paying for what, he said. In his opinion, there should be no discounts for a second space.
Kuiper said some of the vendors had been vocal in stating their demands, and that had given her fuel for the regulations. Also, she said, one of the vendors was running a diesel truck to keep meat he was selling properly refrigerated the entire time he was at the market. She said people complained about the fumes, and she had asked the vendor to turn it off. She said the Maryland Department of Agriculture requires frozen meat to be kept below a certain temperature, but that doesn’t mean that a vehicle can run four hours straight. State law limits the time a stationary vehicle can run its engine to five minutes. “There are other methods for maintaining that temperature,” she said, adding that other meat vendors at the market adhere to the requirement without running engines.
Also, not all vendors have filed their liability insurance forms with the town. She said there was an incident some time ago where a patron was injured, and there was an issue with insurance. Other licenses are also required for sale of certain products. The town allowed vendors to offer tastings since April 2017, with the stipulation that all expenses for inspection by the Health Department or other entities are borne by the vendor.
Some vendors have asked where the money for space rental goes, Kuiper said. She said she spelled out in the regulations that it covers maintenance of the park and fountain. “I don’t know whether some of it goes to the garden club,” she said.
Ingersoll said the fee for space in the market was “more or less a business license.” He said maintenance of the park and the fountain is an ongoing expense. “I’ll write all those things out for you,” he said.
Mayor Chris Cerino asked how many vendors are currently using the park during the market. Kuiper said there are 28 regular farmers market vendors, with two temporary additions at the moment. She said she thought there were 25 at the artisans’ portion of the market, while the number of nonprofits varies from one week to the next. Also, some of the artisans are not there every week – “they don’t pay if they aren’t there,” she said.
Kuiper said some of the vendors had pushed her very hard about what they were allowed to do in the market. “There comes a point when you just get pushed so far…” “And then this happens,” Cerino broke in, brandishing his copy of the proposed rules.
One vendor has consistently parked a truck in a handicapped space despite being warned, Kuiper said. She said she would like to include a fine for the violation in the market rules. Ingersoll said the town already imposes a $100 fine for the violation. “Usually people don’t do it twice,” he said.
Kuiper said she invited feedback from the council on the draft regulations, for a vote at a subsequent meeting. She said she had also written an application form for farmers, using the artisans market application as a model. Also, she said, she thought that non-profits using the market should have 501(c)3 status. Ingersoll asked if the Democratic and Republican clubs, which regularly set up booths in the market, are 501(c)3 organizations. Kuiper said she didn’t know. However, she said, some patrons had complained that there was “too much politics” at the market. She said there was “never an overload” of non-profits any given week, but there was at least one non-profit that tended to set up in an area designated for farmers.
Cerino asked if Kuiper had discussed the problems with the interim farmers market managers, Owen McCoy’s daughters. She said she had texted back and forth with them on a regular basis. “We’re all having the same issues,” she said.
Cerino asked Kuiper to email the draft to the farmers and artisans market managers, and that the council would go over it and make its suggestions before the next meeting.
Ingersoll said he thought Kuiper had “done a great job” in spelling out what can and can’t be done at the markets.
Kay MacIntosh, the town’s economic development manager, asked if there was a way for the general public to comment. Kuiper said the rules included a requirement that anyone wishing to make suggestions should do so in writing to the Mayor and Council, rather than to individual council members.
Councilman Marty Stetson asked if the draft could be put on the town website. Cerino directed Town Clerk Jen Mulligan to do so.
One audience member asked if exceptions could be made for out-of-county vendors who sell products not currently available at the market. He said he has a friend in lower Queen Annes who would like to sell fish at the market.
Kuiper said the market is not available to commercial vendors, citing the example of Doug Rae, who sold bread in the market before opening the Evergrain Bakery, at which point the privilege was withdrawn.
MacIntosh said it might be a way for a vendor interested in coming to Kent County to assess the local business climate before making the plunge of opening a brick-and-mortar store in town. “I’m hoping there will be that flexibility,” she said. She said it would give the community a chance to encourage new businesses to come into the area.
Kuiper said the draft included a clause about the town reserving a right to reject applicants whose products conflict with other established businesses in the community.
Ingersoll said there ought to be an application process that’s clear, with set rules. He said there were only three rules at the beginning of the market, but the growth of the market had resulted in changes. “This is a great start to having a better framework for this,” he said.
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Gren Whitman says
Report includes this statement: “Kuiper said the market is not available to commercial vendors.”
Really?
I can think of at least five “commercial vendors” just off the top of my head, if not every stand, large and small, that sells anything!
What does Ms. Kuiper mean by “commercial vendor”?
Keeping in mind, of course, that the weekly Farmers Market in Chestertown is highly valued and appreciated by hundreds of Chestertown and other residents, year-round!
Chris Kayhoe says
Fish ,seafood and any local produced product should be allowed to be sold. I have been to many Farmers Market all over MD and the local clients want these products. Healthy food and good value products.