HomeMy WebLinkAboutAgenda - 11-17-2009 - 4hORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 17, 2009
Action Agenda
Item No. 4 - h
SUBJECT: Authorization to Resubmit Grant Application to N.C. Agricultural Development
and Farmland Preservation Trust Fund
DEPARTMENT: ERCD PUBLIC HEARING: (Y/N) No
ATTACHMENTS INFORMATION CONTACT:
Application Guidelines David Stancil, 245-2590
Rich Shaw, 245-2591
PURPOSE: To consider authorizing staff to re-apply for a grant from the North Carolina
Agricultural Development and Farmland Preservation Trust Fund.
BACKGROUND: The North Carolina General Assembly has appropriated $2 million in FY
2009-10 for funding assistance from the N.C. Agricultural Development and Farmland
Preservation (ADFP) Trust Fund. The mission of the Trust Fund is to preserve NC's working
family farms. Funding is available for agricultural conservation easements and enterprise
programs. In 2007 Orange County was awarded $132,000 for the regional Shared Use Food
Processing Center. Applications for this upcoming grant cycle are due December 4, 2009.
In 2008 Orange County submitted an application to the ADFP Trust Fund for matching funds
to purchase a conservation easement for the Breeze farm (Phase II). That project was not
selected for funding, however. The ADFP Trust Fund staff has advised that the chances of
funding Orange County's application would improve with adoption of a county farmland
protection plan. The Board will consider adoption of the County's new Agricultural
Development and Farmland Protection Plan on this same November 17, 2009 meeting
agenda. Approval of that plan would lower the County's local match requirement from 30%
to 15%.
ERCD would like to re-submit the application for state matching funds to complete the
planned two-phased conservation easement on the Breeze farm on Schley Road. In 2008
the County used a grant from the federal Farm and Ranch Land Protection Program to
purchase an easement on a 141-acre portion of the Breeze farm (Phase I). Phase II would
be on an adjacent 153 acres of the farm.
If the County were successful in completing this project, there would be over 560 acres of
contiguous farmland protected along Schley Road. Grants will be announced in June 2010.
FINANCIAL IMPACT: The grant, if awarded, would provide up to $300,000 toward the
purchase of a conservation easement for the Breeze Farm. The grant would be matched
with up to $200,000 in County funds to complete the project, although that amount could be
considerably less if the County leverages some additional matching funds from the federal
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Farm and Ranch Land Protection Program (FRPP). The Lands Legacy Program currently
has $437,900 unencumbered for purchasing conservation easements.
The proposed conservation easement would have no affect on the property taxes paid to
Orange County for these properties. Both farms are enrolled in the Present Use Value
program and therefore are already taxed at a rate that is lower than would be the case if this
property were under an agricultural conservation easement.
RECOMMENDATION: The Manager recommends that the Board authorize staff to submit
the application for a grant from the ADFP Trust Fund by the December 4 deadline,
contingent on approval of the County's Agricultural Development and Farmland Protection
Plan also on tonight's meeting agenda.
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NCDA&CS
ADFP Trust Fund
Grant Application Guidelines
^ Overview
. ~ Mission
To fund projects to encourage the preservation of qualifying agricultural, horticultural,
and forestlands to foster the growth, development, and sustainability of family farms.
History
Between the years of 2002 and 2007, North Carolina lost 600,000 acres of farmland
according to USDA-NABS; this is equivalent to the average size of one of our counties. In
addition, thousands of acres of forestlands have been converted to development. This has
put a strain on our county budgets, our local and state economy, and our natural resources,
and is a loss to our agricultural heritage. The foundation of North Carolina's #1 industry
needs to be protected from unwise and unplanned conversions to other uses.
Today, approximately 90 percent of all North Carolina lands are privately owned. The U.S.
Census Bureau predicts that our state's population will expand by 4 million people by 2030.
This growth threatens our farm and forestland. Preserving farmland also protects our
natural resources, wildlife habitat, and water resources.
Eligibility
All applicants must be non-profit conservation organizations or county agencies.
(G.S.106-744)
Farmers, landowners, and others interested in applying must partner with anon-profit
conservation organization or county agency in order to participate in an ADFP Trust Fund
grant proposal.
Agricultural Development and Plan grants are limited to requests regarding projects serving
the constituents of a Voluntary Agricultural District (VAD) or Enhanced Voluntary
Agricultural District (EVAD) or the establishment of a VAD, EVAD, or County Farmland
Protection Plan.
Funding Purposes
To secure agricultural conservation easements on agricultural, horticultural, and forestlands
for active production of food, fiber, and other agricultural products. Easements include the
following options:
^ Perpetual
^ 50 year term
^ 40 year term _
^ 30 year term
^ 20 year term
^ 10 year term
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To support public and private enterprise programs that will promote profitable and
sustainable agricultural, horticultural, and forestlands through assistance to farmers in
developing plans for:
^ production of food, fiber, and value-added products
^ agritourism activities
^ marketing and sales of .agricultural products produced on the farm
^ agriculturally-related business activities
^ other programs approved by the NC ADFP Trust Fund
Funding Priorities
Funding priority will be given to projects that involve the following affiliations:
^ Counties with Farmland Protection Plans
^ Goodness Grows Farmers l American Tree Farm /Forest Stewardship
Program Members
^ Enhanced Voluntary Agricultural District Farmers
^ Voluntary Agricultural District Farmers
^ Groups and Individuals with Farm or Forest Transition Plans
^ Groups and Individuals with Conservation Plans
^ Groups and Individuals with Forest Management Plans
^ Limited Resource Farmers (see definitions section)
^ Beginning Farmers (see definitions section)
^ Century Farm Members
Grant Amount Requests
The maximum grant will be based on the potential beneficial impact of the project, the
resources available to the Advisory Committee, and the needs of the project or the groups
intended to be served by the grant programs.
Agricultural Development and Agricultural Plan grant requests are limited to $100,000 per
application.
Agricultural Plan grants are limited to the development and adoption of a county Voluntary
Agricultural District, Enhanced Voluntary Agricultural District, or County Farmland
Protection Plans.
Agricultural Development grants are restricted to public or private enterprise programs that
will promote profitable and sustainable farms by assisting in developing and .implementing
plans for the production of food, fiber, and value-added products, agritourism activities,
marketing and sales of agricultural products produced on the farm, and other agriculture-
related business activities.
Match Requirements
Non-profit conservation organizations must match a minimum of 30% of ADFP Trust Fund
monies received. These monies must be from sources other than the ADFP Trust Fund.
A Tier Two or Tier Three Enterprise County (as defined in G.S. 1436-437.08)
^ With a NCDA&CS approved County Farmland Protection Plan (G.S. 106-744(e)),
must match a minimum of 15% of ADFP Trust Fund monies received. (G.S. 106-
744(c2)) These monies must be from sources other than the ADFP Trust Fund.
^ Without a NCDA&CS approved County Farmland Protection Plan (G.S. 106-744(e)),
must match a minimum of 30% of ADFP Trust Fund monies received. (G.S. 106-
744(c2)) These monies must be from sources other than the ADFP Trust Fund.
A Tier One Enterprise County (as defined in G.S. 1438-437.08)
^ With a NCDA&CS approved County Farmland Protection Plan (G.S. 106-744(e)),
is not required to acquire matching funds. (G.S. 106-744(c2))
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^ Without a NCDA&CS approved County Farmland Protection Plan (G.S. 106-744(e)),
must match a minimum of 30% of ADFP Trust Fund monies received. (G.S. 106-
744(c2)) These monies must be from sources other than the ADFP Trust Fund.
Documentation of match will be required in the reporting process.
[Note: List of tiers is available at http://www.nccommerce.com]
Allowable Costs
ADFP Trust Fund monies may not be used to reimburse for administrative or personnel
costs unless specialized services are needed. Approval of necessary specialized services
will be determined by ADFP Trust Fund staff when reviewing applications.
Travel expenses and other acquisition costs are not reimbursable for easement
applications.
All reimbursement for travel, meals, rentals including meeting facilities, etc. for agricultural
development related expenditures shall follow the State of North Carolina reimbursement
guidelines. Prudence must be demonstrated by grantee for reimbursement to be granted.
Allowable and non-allowable costs for reimbursements:
Allowable Costs
Non-allowable Costs
Equipment
Consultant and Specialized Services
Office Supplies
Printing and Binding
Promotional Materials (see exceptions listed in
Non-allowable costs)
Site Development
Construction
Special Program Supplies
Survey
Baseline Documentation Report
Environmental Assessment/Audit
Legal Fees
Closing Costs
Workshops and Conferences
Travel (for easements)
Personnel/Administrative Services
Promotional Materials (unallowable costs
include gifts, memorabilia, models, and
souvenirs)
Stewardship endowment
Appraisal
^ Number of Proposals Allowed
Each organization or agency may submit up to 6 proposals per funding cycle which shall be
restricted to 2 perpetual easements, 2 term easements, and 2 enterprise programs grant
request types.
^ Incomplete Applications
All information requested in this application is required. Incomplete applications will be
considered ineligible for funding.
^ Evaluation of Applications
The ADFP Trust Fund staff evaluates each application. The evaluation includes a review,
using a scoring system, of the application and all the documents submitted with it. On-site
visits (or interviews) will be conducted for those applications receiving the highest scores.
^ Selecting Recipients
The ADFP Trust Fund Advisory Committee, anineteen-member committee, advises the
Commissioner of Agriculture who selects the applicants who will receive an ADFP Trust
Fund grant.
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^ ADFP Trust Fund on the Web
An electronic copy of the application is available through the ADFP Trust Fund website at
www.ncadf~.org. You may also request a hard copy be sent to you.
^ Funding Period
The grant contract period for Agricultural Development and Agricultural Plans begins July 1,
2010 and ends June 30, 2011.
The grant contract period for agricultural conservation easements begins July 1, 2010 and
ends June 30, 2012.
^ Questions about Filling Out the Application
If you have questions about filling out this application, please contact the ADFP Trust Fund
office by email at ncadfp@ncagr.gov.
^ Application Deadline
One unbound complete application suitable for photocopying must be delivered no
later than 5:00 PM on December 4, 2009. All applications must be sent by Fedex,
UPS, Certified Mail, or hand delivered to:
^ NCDA&CS
^ NC ADFP Trust Fund
^ 2 W. Edenton Street
^ Raleigh, NC 27601
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Definitions
Agricultural Conservation Easement - a negative easement in gross restricting
residential, commercial, and industrial development of land for the purpose of maintaining
its agricultural production capability (G.S. 106-744(b)).
Beginning Farmer - A farmer who has not operated a farm or who has operated a farm for
not more than 10 years and who will materially and substantially participate in the operation
of the farm (G.S. 143-215.74(b)(9)(a)).
Limited Resource Farmer - A farmer with direct and indirect annual gross farm sales that do not
exceed one hundred fifty five thousand two hundred dollars ($155,200) in each of the previous two
years and with an adjusted household income in each of the previous two years that is at or below
the greater of the county median household income, as determined by the United States Department
of Housing and Urban Development, or two times the national poverty level based on the federal
poverty guidelines established by the United States Department of Health and Human Services and
revised each April 1 (G.S. 143-215.74(b)(9)(b)).
= Countywide Farmland Protection Plan - A plan that satisfies all of the following
requirements:
(1) The countywide farmland protection plan shall contain a list and description of
existing agricultural activity in the county.
(2) The countywide farmland protection plan shall contain a list of existing
challenges to continued family farming in the county.
(3) The countywide farmland protection plan shall contain a list of opportunities for
maintaining or enhancing small, family-owned farms and the local agricultural economy.
(4) The countywide farmland protection plan shall describe how the county plans to
maintain a viable agricultural community and shall address farmland preservation tools,
such as agricultural economic development, including farm diversification and marketing
assistance; other kinds of agricultural technical assistance, such as farm infrastructure
financing, farmland purchasing, linking with younger farmers, and estate planning; the
desirability and feasibility of donating agricultural conservation easements, and entering
into voluntary agricultural districts.
(5) The countywide farmland protection plan shall contain a schedule for
implementing the plan and an identification of possible funding sources for the
long-term support of the plan. (G.S. 106-744(e))
Voluntary Agricultural District (VAD) - In order for farmland to qualify for inclusion in a
voluntary agricultural district or an enhanced voluntary agricultural district under Article 61
of Chapter 106 of the North Carolina General Statutes, it must be real property that:
(1) Is participating in the farm present-use-value taxation program established by
G.S. 105-277.2 through 105-277.7 or is otherwise determined by the county to meet all
the qualifications of this program set forth in G.S. 105-277.3;
(2) Repealed by Session Laws 2005-390, s. 11 effective September 13, 2005.
(3) Is managed in accordance with the Soil Conservation Service defined erosion
control practices that are addressed to highly erodible land; and
(4) Is the subject of a conservation agreement, as defined in G.S. 121-35, between
the county and the owner of such land that prohibits nonfarm use or development of
such land for a period of at least 10 years, except for the creation of not more than three
lots that meet applicable county zoning and subdivision regulations. (1985 (Reg. Sess.,
1986), c. 1025, s. 1; 2005-390, ss. 3, 11.) (G.S. 106-737)
^ Enhanced Voluntary Agricultural District (EVAD) - A district established by a county
or a city by ordinance under Part 3 of Article 61 of Chapter 106 of the General Statutes
(G.S. 143-215.74(b)(9)(a1)).
For additional resources, go to http://www.ncadfp.org.