Santa Fe drafting urban farming regulations
(click on link)
Monday, August 26, 2013
Sunday, August 25, 2013
Monday, August 19, 2013
Sunday, August 18, 2013
Operating Without a Business License and Guilty of Doing Good Deeds
The August 13 article in the New Mexican stated that Gaia Gardens has been operating without a business license.
For your information, let me clarify...
When Jay Tallmon (the owner of the property) and I met for an hour with five senior City Land Use planners in early 2012, we were inquiring whether creating a farm in residential zoning was permitted. We were assured that it was, and that the only restriction was that we couldn't sell produce on the premises.
We were never told of restrictions such as the use of volunteers or welcoming school groups. Were we also never told that we needed to get a Home Occupation license.
When Gaia Gardens joined the Santa Fe Farmers Market a few months later, the Santa Fe Farmers Market asked us to get a business license.
I went to get a business license at City Hall and I stated that I grew the food in the City and asked if I needed any other license.
The clerk at the Business License desk told me that a Farmers Market Business License was all I needed.
In 2013 I went to get my new business license, and because by then we had received a visit from two city inspectors, I went to the Home Occupation desk downstairs at City Hall and talked to one of the inspectors who had visited the property a few weeks earlier.
I told him the Business License clerk upstairs said that my Farmers Market business license was all I needed to operate the farm and sell our produce.
The inspector went upstairs to talk to the clerk, whose business card I still have, and the inspector came back with a confirmation that the Farmers Market business license was indeed all I needed.
Several weeks later, when I heard through Matt O'Reilly, Director of Land Use, that I needed a Home Occupation License, I applied for one and it was denied because (quote from the inspector at the desk), "we were using volunteers".
I have shared this chain of events with Matt O'Reilly, and even gave him the name of the Business License clerk (whose business card I had kept) who had told me my Farmers Market business license was all I needed.
The interesting thing is that if the Land Use planners had told us I needed a Home Occupation license when I met with them in 2012, after reading the home occupation ordinance, I would have realized that I would not be able to operate a farm as I intended given the limitations that the ordinance presented.
I would probably never have started the farm.
When I started Gaia Gardens, I got my NM State Tax #, I had the farm registered with the US Department of Agriculture and applied (and was accepted) for organic certification with the State of New Mexico Department of Agriculture.
I went through all the paper work I though I needed and would appreciate if City employees took some degree of responsibility for creating a situation where Gaia Gardens was operating without the proper business license.
Now that I have finally found the Home Occupation ordinance on the City website (no City employee ever bothered to give me a copy), I realize that indeed I have operated the farm outside of the scope of the law.
Therefore, the main "crimes" that Gaia Gardens is guilty of are:
1) having operated a farm stand 3 days a week in 2012 (with 99% of our customers coming on foot/bike via the bike trail, thus generating no traffic/parking issues).
2) having operated with numerous volunteers when the home occupation ordinance only allows a Home Occupation business to have 2 employees
3) having lodged farm interns and myself in an Airstream trailer
4) having hosted workshops, and a free movie night once a month in the winter
5) having hosted schools and other groups for field trips
Wednesday, August 14, 2013
Heart share - Time to get Involved
In a world dominated by destructive multinational
corporations and corrupt government officials, what is one to do to help
rebuild a just, equitable and regenerative society? At fifty-four, I personally
chose to start a farm in the heart of Santa Fe.
My years of experience as a creative entrepreneur
showed me that healthy community emerges from a space delineated by clear
intent and basic structure, where multi-generations share in collective work
and reap the benefits, where a warm and spirited group of people serves the
community through effort and education.
For myself and the many folks involved in Gaia
Gardens, tending to a large garden and encouraging visitors such as school
children, proves the best antidote to war, depression, oppression,
disempowerment and isolation.
Nature works through biodiversity, cooperation,
symbiosis and adaptation. Human beings, when in a natural state, thrive through
identical principles. Creativity is our birthright--cooperation with Nature
helps her grow more beautiful and abundant.
When such creativity is stifled by outdated city
codes it is truly a tragedy, a crime against humanity. This is especially
so in the present when life on Earth as we know it is so deeply threatened.
My heart is troubled by the actions of one neighbor
objecting to a farm in the City, and by a City more inclined to appease
complaints and enforce outdated codes than to seek solutions to a situation
that many view as a true jewel.
I decided to initiate Gaia Gardens after working on
three different community farm projects. I wanted to experiment with a
model of urban farming that was based on community support, education and
neighborhood building. We started the farm with no money, with the owner
of the property giving us start-up funds, a truck and free access to his land
(thank you Jay for your vision and generosity!).
The project quickly garnered support from
gardeners, carpenters, organizations and friends. Our first harvest was
abundant. We practiced working with volunteers and farm interns (wwoofers),
build many farm structures and received two awards from the City.
We started our second season with great confidence,
with interns scheduled for the entire year. Our volunteer base grew to a
large family, happily lending many hands and hours to the tedious work of
preparing soil, compost and seedlings for a newly expanded garden.
After the City ordered us to stop using volunteers
and farm interns as labor, as well as welcoming school groups, the energy of
our project dropped and my heart started aching. Not having our regular
team of volunteers and interns zapped the spirit of our community.
Not having little kids show up every Thursday and sing songs was a huge loss
for us (and the kids).
With a City coming down on the property with tons
of building violations, and negotiations with City officials adding to my
workload, tending the garden with care has proven very difficult. We’ve
had to abandon selling at the Friday afternoon Eldorado Farmers Market and the
Tuesday Santa Fe Farmers Market.
What I want to share with you today is what’s on my heart. I am concerned that the farm may not be able to continue existing. It only exists because of the community that supports it. Unless we manage to get many volunteers’ commitment to come on a regular basis (as for now we can only have two volunteers at a time and must schedule them each week), I fear that I will not be able to carry the burden required by the type of high quality farming that we practice.
I work 7 days/week from 6:00am to 10:00pm and it is
beginning to take a toll on me. Dominique works and goes to school and
helps as much as she can. I have to allocate a lot of time for meetings,
lobbying, letter writing and building repairs because of the code violations
(Jay now lives in Colorado so I manage the property in his absence). I am
pretty tough, organized and experienced but what I am doing now is NOT
SUSTAINABLE!
I started this project to experiment with, and
hopefully develop and showcase, a viable model of urban farming. I have
kept meticulous books to see what the economics can be. Why? Because
in order for urban farming to work, whomever runs/works the farm has to be able
to derive a livelihood from it. Half an acre of intensive cultivation is
a full-time job. This cannot be a hobby.
If I did not have the resilience I have, if I were
a young man with maybe a wife and kid(s), what happened with the City could
have killed me and my family. The loss of community energy, the constant
fear of city inspectors showing up, or a neighbor finding fault to everything
we do, would have been so nerve wrecking that I would have most likely packed
up and gone to a more hospitable place.
Being called a “bad example” (City Councilor and
mayoral candidate Patti Bushee) with “bad behavior” (City Councilor Chris Calvert) in yesterday’s
article in the New Mexican is so sad and despicable that I don’t even have
the stomach to respond to these people who dare talking about our project
without having ever set foot on the farm!
I would love to offer City officials our experience
to help craft a new ordinance to allow farms to operate in residential
neighborhoods. Because what’s at stake is our fresh food supply, the
education of children and the health of community. I am appalled by the
pre-election posturing of certain mayoral candidates, who haven’t even bothered
to respond to my invitation to visit the farm, or acknowledged reception of
dozens of letters of support from our neighbors.
They talk about sustainability as if it was as
spectator sport. What do they mean by Gaia Gardens being a “bad example”?
Because we educate people and kids for free on the craft of growing food and
medicinal herbs? Because we gather as a joyful and supportive community?
Maybe because we don’t generate tax revenues for the City but instead create a
wealth of goodwill?
I am sad, angry and sometimes discouraged. How
do these people dare speak in such derogatory terms without knowing anything about
the realities of running a small farm with hand tools? Would they take my
job making very little money, living in an unfinished basement (I was
denied the right to use my Airstream trailer as a home) and relying on the
generosity of donors, volunteers and business sponsors to carry out the most
noble task I can think of-growing the best possible food and selling it at the
most reasonable price for the well-being of a large community?
I don’t know if I can continue because the restriction imposed by the City make it totally unsustainable for me to carry on the mission that I started. Without doing educational work, it is very difficult to write grants. Even though we haven’t yet received any grant money, a couple years of successfully operating a farm with educational programs would have increased our chances to get grant funding. Now, we are just another farm, selling produce at the Farmers Market and through a CSA.
The City Council is currently moving with a
resolution (see attached below) to amend city codes to allow farming and the sell of produce at farm
stands in the City. How fast will it take for such resolution to get
passed into an ordinance? I am told not to expect anything to pass during
an election year. Will the ordinance allow urban farms to use (more than 2 at a
time!) volunteers and farm interns as a stable work force, as well as protect
urban farms from harassment from neighbors more inclined to protect their
property rights than participate in the healthy evolution of their city?
I am sure the debate resulting from our situation
with the City will include questions of property and water rights, and
residential neighborhoods vs. community gardens and farms. Russia and
Cuba have survived major droughts and economic crisis thanks to extensive urban
agriculture. Private and community gardens fed people when commercial
agriculture failed in its vulnerability to droughts, floods and pests. Is
our commercial agriculture not as vulnerable as Russia’s or Cuba’s? Will
we sit like lame ducks while climate change and the over exploitation of
farmland wreak havoc? Will we eat property rights when our food supply
becomes scarce? Or will we choose to educate our children on the
basics of food production and sustainable living?
I urge you to get involved if urban farming or the
future of Gaia Gardens matter to you. Write letters to your City
Councilors (see
voting districts map here). Include your address and phone number in
your letters as your councilors only take into account letters from voters from
their district (send us a copy of your letter). Get together with a few people from your voting district
and make an appointment with your City Councilors to speak with them
face-to-face.
We are creating a small documentary with interviews
from neighbors, patrons, volunteers and other farmers. A 10-minute video
will be given to each City Councilor and City officials from Land Use and other
departments. The intention is to enlighten them on the heart of the Gaia
Gardens community and the impact that the farm has created in the City.
Video will be posted on this blog as soon as it is ready.
PLEASE GET INVOLVED! The many people who have
created this project with joy, ingenuity and care have done all they could to
bring the topic of urban farming to the front of the newspapers and to the
floor of the City Council. Much is left to be done to make sure this
resolution (see latest draft below) passes and gets translated into a solid
urban farm ordinance. We have attorneys helping us; we are collaborating
with the Santa Fe Food Policy Council to refine the language of the resolution.
And we also run a beautiful farm with a greatly
reduced crew...
As a citizen and a voter, you have a lot of
leverage to help this all-important cause. You may feel powerless to
fight Monsanto but you can help create a vibrant City with farms in every
neighborhood, where kids can spend afternoons learning about Life, being in
community and caring for the land that cares for them.
Thanks for all your support! We love you.
CITY OF SANTA FE, NEW MEXICO
RESOLUTION NO. 2013-___
INTRODUCED BY:
Councilor Patti Bushee
A RESOLUTION
DIRECTING STAFF TO DRAFT AMENDMENTS TO THE CITY CODE AND THE ESTABLISHED POLICIES AND PROCEDURES RELATED TO THE ESTABLISHMENT OF A PERMITTED USE IN CERTAIN ZONING DISTRICTS FOR FARM STANDS AND URBAN AGRICULTURE INCLUDING THE CONDITIONS UNDERWHICH SUCH USES WOULD BE PERMITTED; AND DIRECTING STAFF TO COLLABORATE WITH LOCAL NON-PROFIT ORGANIZATIONS TO DEVELOP A LOCAL FARM STAND PLAN SO THE RESIDENTS OF SANTA FE WILL HAVE THE ABILITY TO PURCHASE FRESH PRODUCE FROM COMMUNITY GARDENS AND ORCHARDS.
WHEREAS, the Governing Body adopted Resolution No. 2009-53 on May 13, 2009 for the purpose of establishing a City of Santa Fe Community Garden Program with related policies and procedures; and
WHEREAS, the Governing Body adopted Resolution No. 2008-93 adopting the Sustainable Santa Fe Plan which includes actions to set a target for local food and to design and implement a City Harvest program; and
WHEREAS, the Governing Body adopted Resolution No. 2008-05 establishing the City and County Advisory Council on Food Policy including a statement that the Governing Body and the Board of County Commissioners wish to ensure that the region maintains the natural resources, land base, infrastructure and skill sets that are necessary to produce food; and
WHEREAS, currently, the Santa Fe City Code does not allow for the sale of fresh fruits and vegetables from stands that would offer for sale fresh harvested produce that is grown at community gardens, community orchards or at farms within the city of Santa Fe, with an emphasis on sustainable practices; and
WHEREAS, fresh grown fruits and vegetables are a nutritious and healthful addition to any diets and having the ability to purchase freshly grown produce from a local farm stand would be beneficial to our residents as well as promote our local economy.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SANTA FE that staff is directed to:
1. Draft amendments to the city code and the established policies and procedures related to community gardens to include provisions related to the establishment of a permitted use in certain zoning districts for urban food production and farm stands, which shall include provisions that local farmers will have the ability to sell their produce at the farm stands and clarify that the produce does not have to be grown at a community garden or orchard but can be grown at local farms;
2. Collaborate with local organizations such as Earth Care and YouthWorks; the Food Policy Council, Sustainable Santa Fe Commission and neighborhood associations to develop a local urban agriculture and farm stand plan so the residents of Santa Fe will have the ability to grow and purchase fresh produce from community garden and orchard sites and organic farms;
3. Examine the possibilities for establishing large community gardens, i.e. at SWAN Park;
4. Explore barriers and impacts of urban agriculture and propose recommendations that support local food
PASSED, APPROVED and ADOPTED this ____ day of _________________, 2013.
______________________________
DAVID COSS, MAYOR
ATTEST:
_______________________________
YOLANDA Y. VIGIL, CITY CLERK
APPROVED AS TO FORM:
________________________________
GENO ZAMORA, CITY ATTORNEY
CITY OF SANTA FE, NEW MEXICO
RESOLUTION NO. 2013-___
INTRODUCED BY:
Councilor Patti Bushee
A RESOLUTION
DIRECTING STAFF TO DRAFT AMENDMENTS TO THE CITY CODE AND THE ESTABLISHED POLICIES AND PROCEDURES RELATED TO THE ESTABLISHMENT OF A PERMITTED USE IN CERTAIN ZONING DISTRICTS FOR FARM STANDS AND URBAN AGRICULTURE INCLUDING THE CONDITIONS UNDERWHICH SUCH USES WOULD BE PERMITTED; AND DIRECTING STAFF TO COLLABORATE WITH LOCAL NON-PROFIT ORGANIZATIONS TO DEVELOP A LOCAL FARM STAND PLAN SO THE RESIDENTS OF SANTA FE WILL HAVE THE ABILITY TO PURCHASE FRESH PRODUCE FROM COMMUNITY GARDENS AND ORCHARDS.
WHEREAS, the Governing Body adopted Resolution No. 2009-53 on May 13, 2009 for the purpose of establishing a City of Santa Fe Community Garden Program with related policies and procedures; and
WHEREAS, the Governing Body adopted Resolution No. 2008-93 adopting the Sustainable Santa Fe Plan which includes actions to set a target for local food and to design and implement a City Harvest program; and
WHEREAS, the Governing Body adopted Resolution No. 2008-05 establishing the City and County Advisory Council on Food Policy including a statement that the Governing Body and the Board of County Commissioners wish to ensure that the region maintains the natural resources, land base, infrastructure and skill sets that are necessary to produce food; and
WHEREAS, currently, the Santa Fe City Code does not allow for the sale of fresh fruits and vegetables from stands that would offer for sale fresh harvested produce that is grown at community gardens, community orchards or at farms within the city of Santa Fe, with an emphasis on sustainable practices; and
WHEREAS, fresh grown fruits and vegetables are a nutritious and healthful addition to any diets and having the ability to purchase freshly grown produce from a local farm stand would be beneficial to our residents as well as promote our local economy.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SANTA FE that staff is directed to:
1. Draft amendments to the city code and the established policies and procedures related to community gardens to include provisions related to the establishment of a permitted use in certain zoning districts for urban food production and farm stands, which shall include provisions that local farmers will have the ability to sell their produce at the farm stands and clarify that the produce does not have to be grown at a community garden or orchard but can be grown at local farms;
2. Collaborate with local organizations such as Earth Care and YouthWorks; the Food Policy Council, Sustainable Santa Fe Commission and neighborhood associations to develop a local urban agriculture and farm stand plan so the residents of Santa Fe will have the ability to grow and purchase fresh produce from community garden and orchard sites and organic farms;
3. Examine the possibilities for establishing large community gardens, i.e. at SWAN Park;
4. Explore barriers and impacts of urban agriculture and propose recommendations that support local food
PASSED, APPROVED and ADOPTED this ____ day of _________________, 2013.
______________________________
DAVID COSS, MAYOR
ATTEST:
_______________________________
YOLANDA Y. VIGIL, CITY CLERK
APPROVED AS TO FORM:
________________________________
GENO ZAMORA, CITY ATTORNEY
Tuesday, August 13, 2013
Latest New Mexican Newspaper Article
It may be time for you to write to your City Councilors and let them know what you think...
If you do, please send us a copy here and indicate your voting district number (the farm is in District #4 )
If you do, please send us a copy here and indicate your voting district number (the farm is in District #4 )
