HomeMy WebLinkAboutAgenda - 09-02-2010 - 4e; VAD - Thompson Prawn FarmORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2010
Action Agenda
Item No. ~{- - e
SUBJECT: Voluntary Agricultural District Designation: Thompson's Prawn Farm
DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y/N) No
Parks and Recreation
ATTACHMENT(S):
1) Application and Vicinity Map INFORMATION CONTACT:
2) Certification from Orange Soil & Water
Conservation/NRCS District Office, Soll David Stancil, 245-2522
Analysis Map and Chart Rich Shaw, 245-2514
3) Certification from Tax Supervisor
4) Agricultural Presentation Board May 19,
2010 Minutes
5) Draft Conservation Agreement
PURPOSE: To consider an application from Joe and Geraldine Thompson to certify their prawn
farm as qualifying farmland within the Cedar Grove Voluntary Agricultural District.
BACKGROUND: The Thompsons have applied to have their 57-acre farm designated as a
certified qualifying farm for the ,Cedar Grove Voluntary Agricultural District.. The property is
located along both sides of Allie Mae Road, just northwest of Carr in the western portion .of
Cedar Grove Township.
The County's Voluntary Farmland Protection Ordinance (VFPO) outlines a procedure for the
Agricultural Preservation Board (APB) to review and approve applications for qualifying
farmland, and to make recommendations to the Board of Commissioners concerning the
establishment and modification of agricultural districts. Section VII of the VFPO contains the
requirements for inclusion in a voluntary agricultural district. To be certified as qualifying
farmland, a farm must:
1. Consist of a minimum of 20 contiguous acres;
2. Be participating in the farm present-use-value taxation program established by
N.C.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;
3. Be certified by the Natural Resources Conservation Service (NRCS) of the United
States Department of Agriculture as being a farm on which at least two-thirds of the
land is composed of soils that:
2
a. Are best suited for providing food, seed, fiber, forage, timber, forestry
products, horticultural crops and oil seed crops;
b. Have good soil qualities;
c. Are favorable for all major crops common to the county where the land is
located;
d. Have a favorable growing season; and
e. Receive the available moisture needed to produce high yields for an average
of eight out of ten years;
OR Have been actively used in agricultural, horticultural or forestry operations as
defined by N.C.G.S. §105-277.2 (1, 2, 3) during each of the five previous years,
measured from the date on which the determination must be made as to whether the
land in question qualifies;
4. Be managed, if highly erodible land exists on the farm, in accordance with the Natural
Resources Conservation Service defined erosion-control practices that are addressed
to said highly-erodible land; and
5. Be the subject of a conservation agreement, as defined in N.C.G.S. §121-35, between
the County and the owner of such land that prohibits non-farm use or development of
such land for a period of at least ten years, except for the creation of not more than
three lots that meet applicable County zoning and subdivision regulations.
The Thompson farm includes two tracts in Cedar Grove Township (TMBL# 2.28..11, 47.28
acres and TMBL#2.28..11 E, 10 acres). At 57 acres, the two tracts exceed the 20-acre
minimum to participate in the Voluntary Ag District (VAD) program. The Orange Soil and Water
Conservation/NRCS District Office and the County Tax Administration Office have provided
memoranda (attached) which indicate that the farm complies with the certification requirements
outlined in the VFPO (see Attachments #2 and #3).
To be designated as part of a voluntary agricultural district, the Board of Commissioners must
approve the application in accordance with documentation that the farm meets the certification
requirements. Following BOCC approval, the property owner(s) sign a conservation agreement,
as provided in the North Carolina General Statutes, between Orange County and the owner(s)
that prohibits non-farm use or development of such land for a period of at least ten (10) years,
except for the creation of not more than three (3) lots that meet applicable Orange County
zoning and subdivision regulations. The property owner(s) may leave the program by providing
a written request.
The Agricultural Preservation Board voted unanimously to approve the certification of the
Thompson Prawn Farm as qualifying farmland at its May 19, 2010 meeting (see Attachment
#4). The Agricultural Preservation Board recommends the designation of Thompson's
Prawn Farm totaling 57 acres as a certified qualifying farm in the Cedar Grove Voluntary
Agricultural District.
The addition of the Thompson Farm would increase the number of farms in the VAD program to
16 and the total number of acres to 2,905.
FINANCIAL IMPACT: There is no fiscal impact associated with this item. Voluntary agricultural
districts are non-monetary conservation agreements.
3
RECOMMENDATION(S): The Manager recommends that the Board certify 57 acres of the
Thompson Farm as qualifying farmland, designating it as the third participating farm within the
Cedar Grove Voluntary Agricultural District, and authorize the Chair to sign the final
conservation agreement.
Orange County Agricultural Preservation Board
APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND
AND DESIGNATION AS AN ORANGE COUNTY
VOLUNTARY AGRICULTURAL DISTRICT
INSTRUCTIONS: Before completing the application, please review the provisions of the Orange
County Voluntary Farmland Preservation Program Ordinance, then fill out the
form as accurately and completely as possible. Please sign and date the form, and
return it to the Orange County Environment and Resource Conservation
Department, 306A Revere Road, Hillsborough, NC 2727$
APPLICANT:
PROPERTY INFORMATION:
Property Location/Address: f~ ~+~ r~
Township:. ~ Tax Map: 2 ~ Block• Lot: ~ • ~~~
Q 9838- '~?-'7o-s7
Parcel Identification Number (PIN): Q 9P 3 8' - 5 7 - 50 5 Ci
Number of Acres: Deed Book: Page:
Does this land have lan on fide with the Natural Resources Conservation Service or NC Forest
Service?
Yes: No: If "No",please complete back of form
Is this land ' for Present Use taxation with the Orange County Tax Office?
Yes: No:~~f "No", please complete back of form
OWNER[S] CERTIFICATION:
I [We], thb applicant[s], hereby certify that, to the best of my [our] knowledge, the foregoing
application is complete and accurate.
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Please direct inquiries to:
do Orange County F.nvlronment and Resource Conservation Departme~et
306A Revert Road
Hillsborough, NC 27'278
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Hillsborough • 738181 Chapel HiU • 967 9251 Durham • 688-7331 Mebane ~ Z27--2031
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Phone Number {Day): ~f ~9-S~s ~" 3? 2 d (Evening)_ ~~m6
SUPPLEMENTARY INFORMATION:
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1. How long have you owned your farm? nears
2. How Iong have you lived on your farm? nears
3. Has your farm exceeded S 1,000 in gmss income in each of the past three years?
Yes No
4. How many acres on your farm are under cultivation? acres
5. What are ~e major crops that you plant each, year?
S. How many acres on your farm are used for pasture? acres
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Voluntary Agricultural District Qualifying Farmland Application 6
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1 inch = 700 feet Thompson Farm Orange County
(�J TMBL Environment& Resource
2.28..11 47.28 Acres Conservation Department
2.28..11 E 10.00 Acres B. Young
TOTAL 57.28 Acres 3/5/10
S (3XL & WATER
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Orange Soil & Water
Conservation District
Phone: 919-732-8181, Ex#. 2750
Natural Resources
Conservation Service
Phone: 919-644-1079, Ext. 3
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PO Box 8181
306 Revere Road
Hillsborough, NC 27278
This report serves to document how the proposed farm qualifies for acceptance into the Voluntary Agricultural
Districts in Orange County.
1. Two-thirds of the soils on the farm must:
a. Be suited for pro/viding food, seed, fibQer, forage, timber, and oil seed craps.
YES V % ~7
Continents:
b. Have good soil qualities.
YES
NO
Breakdown of soil classes in percent:
Class I •Sl~%
Class II '
Class III _~~
Class IV
Class V
Class VI
Class VIII Z
Comments:
Classes I, II, III are primarily used for erapland
Classes III-VI are generally best suited for pasture
or woodland.
Class VIII generally unsuited for agricultural use.
e. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small
grain, pasture, and loblolly pines.
,.~_ % favorable ~ % unfavorable
7
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d. Have favorable growing season. (YES)
The growing 'season for Orange County is approximately 200 days. It begins in approximately the
second week of April and runs until about the last week in October. This response will be consistent
for all farms in Orange County.
e. Receive the available moisture needed to produce high yields for an average of 8 to 10 years. (YES)
Orange County receives approximately 42-45 inches of rainfall annually. This response will be
consistent for all farms in Orange County.
OR
At least two-thirds of the land has been actively used in agriculture, horticulture or forestry operations as
defined in the NC General Statutes, Section 105-277.2 (1,2, and 3) during each of the five previous years,
measured from the date on which the determination must be made as to whether the land in question qualifies.
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Acres in cropland 23 ~ ~
Acres in forestland 2,~ , o
Acres in homestead,
farmstead or other
related use ~'.. o ("' ~ o ~ cs ~ ~- ~ehds ~ 4q u-4 u-~.~(`~~
Total TRACT acres , 0
Greater than two-thirds in designated uses.
Yes ~ % 9~
NO
Comments:
1. Farm must be managed, if highly erodible land exists on the farm, in accordance with the USDA Natural
Resources Conservation Service (MRCS) defined erosion-control practices as specified in the 1985 Food
Security Act as amended.
Plan on file in NRCS Office YES / NO
If NO, plan will be required before acceptance into the Voluntary Agricultural Districts Program.
Comments:
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Voluntary Agricultural District Qualifying Farmland Application
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THOMPSON FARM SOIL ANALYSIS
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ORANGE COUNTY TAX ADMINISTRATION
ASSESSMENT DIVISION
228 S CHURTON STREET, SUITE 200
PO BOX 8181
HILLSBOROUGH, NORTH CAROLINA 27278
Telephone (919) 245-2100 Fax (919) 644-3091
MEMORANDUM
To: Tina Moon, Cultural Resources Specialist
From: Teresa Moore, Present Use Value Program Director
Date: Apri19, 2010
Subject: Joseph A. & Geraldine Thompson
I am in response to your inquiring on 2 tracts of land referenced by tmbl # 2.28..11 and
2.28..11 E, owned by Joseph A & Geraldine Thompson. These 2 tracts are enrolled in the
present use value program as agricultural classification.
Please contact me if I can be of assistance.
12
DRAFT, MEETING SUMMARY
AGRICULTURAL PRESERVATION BOARD
May 19, 2010
MEMBERS PRESENT: Roland Walters, Elizabeth Walters, Howard McAdams, Joe Thompson, Tony Kleese,
Patrick McGarry, Allan Green, and Spence Dickinson.
MEMBERS ABSENT/EXCUSED: Louise Tate, James & Patricia Wynn.
GUESTS: Commissioner Bernadette Pelissier
STAFF: Gail Hughes, S & W; Tom Davis and Tina Moon, Natural and Cultural Division -
DEAPR
ITEM #1: CALL TO ORDER
Chair Roland Walters called the meeting to order at 7:38 p.m.
ITEM #2: CHAIR COMMENTS (none)
ITEM #3: CONSIDERATION OF ADDITIONS TO AGENDA (none)
Green asked for a few minutes to provide an update on his work regarding the Orange County Animal
Control Ordinance.
ITEM #4: APPROVAL OF MINUTES February 17, 2010
E. Walters motioned approval of the meeting summary from February 17, 2010. Dickinson seconded the
motion. The APB voted unanimous approval of the February 17, 2010 minutes.
ITEM #5: ITEMS FOR DECISION
a. Officer Elections
Kleese nominated Roland Walters for Chair and Howard McAdams as Vice Chair. Green seconded the
motion. The APB voted unanimous approval of the slate officers for the year.
b. Thompson Voluntary Agricultural District Application
Moon introduced the item, provided some background on the Thompson's prawn farm and reviewed the
approval process for voluntary agricultural districts. Members agreed that Thompson Prawn Farm is a good
example of a tobacco farm that has successfully diversified with a new and innovative crop and direct
marketing techniques. Green asked to recognize that Joe Thompson's was named the Gilmer L. and Clara Y.
Dudley Small Farmer of the year, a special honor from N.C. A & T University.
E. Walters motioned that the Agricultural Preservation Board recommend Thompson's Prawn Farm for the
Voluntary Agricultural District program. Green seconded the motion. The APB voted unanimously to
recommend Thompson's Prawn Farm for the Voluntary Agricultural District program.
Staff to forward the APB's recommendation to the Board of County Commissioners.
ITEM #6: ITEMS FOR DISCUSSION
a. Falls Lake Watershed Regulations -Tom Davis, Gail Hughes
Davis presented a PowerPoint presentation outlining the proposed Falls Lake Watershed Regulations.
Hughes provided additional information regarding the implication of the new regulations to farmers. Hughes
also offered some background on how the Neuse River Basin regulations were handled when they were
established a few years ago.
APB members asked questions and held a lengthy discussion. Commissioner Pelissier asked the APB to
submit its comments on the proposed regulations to the BOCC for inclusion in .its discussion on the topic
scheduled for June 1~. Kleese summarized his comments and offered to email them to staff for inclusion in
a memo.
b. Existing Programs for Farmers -Gail Hughes
May 19, 2010 Meeting Summary
13
Hughes presented a PowerPoint presentation summarizing some of the programs administered by the Soil
and Water District Conservation Office. APB members asked questions throughout the presentation, as
appropriate.
c. Updates & Information Sharing
Due to the late hour, Moon provided following updates. Efforts toward implementing the first year action
strategies for the Agricultural Development and Farmland Protection Plan are underway. The Agricultural
Survey was mailed out and staff anticipates having most of the results tabulated in time for the next
meeting. One of the "low hanging fruit" items on the implementation schedule was to help spread. the word
about existing programs that support local farmers. Learning more about the work of the Soil and Water
Conservation District and other agricultural agencies (Farm Services, Cooperative Extension) is the first step
toward an outreach and education program.
Moon announced that the BOCC approved the APB's recommended amendments to the Voluntary Farmland
Protection Ordinance, which included provisions to establish Enhanced Voluntary Agricultural Districts. Moon
quickly went over the applications for VADs and the conservation agreement form for VADs to make sure
that all APB members, even those who are not enrolled in the program, are familiar with the forms and the
application process.
Due to the late hours, members agreed to postpone the remaining updates until the next meeting.
Green provided an update on his work with the Animal Services Advisory Board. Green reviewed the
County's Animal Control Ordinance and found some sections which could negatively impact local farmers.
One area, in particular, had to do with animals getting out of their enclosures. Green compared the County's
Ordinance with animal control ordinances from other jurisdictions and found most do not automatically
consider a "loose" animal as a nuisance and subject to fees, as Orange County's does. Green requested that
the Animal Services Advisory Board revise that section of the Ordinance; the Animal Services Advisory Board,
however, declined to make the change. Green asked for time on the June APB agenda to discuss the matter
and to determine if the APB would like to consider preparing a statement.
ITEM# 7: INFORMATIONAL ITEMS/FUTURE AGENDA ITEMS
Handouts were provided at the meeting
ITEM #8: ADJOURNMENT
Thompson made a motion that the meeting be adjourned. Kleese seconded the motion. The meeting was
adjourned at 9:45 p.m.
Next meeting scheduled for June 16, 2010, in the John Link Conference Room.
May 19, 2010 Draft Meeting Summary 2
DRAFT
NORTH CAROLINA CONSERVATION AGREEMENT
FOR
ORANGE COUNTY VOLUNTARY AGRICULTURAL DISTRICT PROGRAM
Orange County and the undersigned real property owner(s) ("Owner") enter into
this Conservation Agreement for Voluntary Agriculture District covering the property
identified as Tract 1 (TMBL# 2.28...11; PIN 9838-47-7077) and Tract 2 (TMBL# 2.28..22
E; PIN 9838-57-5056) on the attached maps labeled Exhibit A and Exhibit B.
The parties understand and agree that this Agreement is being entered into to
protect farmland, horticultural land and/or forestland in Orange County as contemplated
by Article 61 of Chapter 106 of the North Carolina General Statutes and the Orange
County Voluntary Farmland Protection Ordinance, adopted on April 1, 1992 and last
amended on June 23, 2005, and to permit such property to qualify for the benefits
granted by these laws and ordinances.
During the term of this Agreement, Owner agrees to prohibit non-farm use of
Owner's property subject to this Agreement except as permitted by the above laws and
ordinances, which Owner acknowledges, Owner has read and is familiar with.
This Agreement is in place for a period of ten (10) years from the date of its
execution and is automatically renewed if not terminated for an additional ten (10)
years, and may be revoked by Owner at any time, with thirty (30) days written notice to
the Agricultural Preservation Board, or its designee, or the Orange County Clerk.
Orange County may revoke this Agreement if the Owner is noncompliant with this
Agreement or the above laws and ordinances.
IN WITNESS, the parties have signed this Agreement on the dates indicated in
the signature acknowledgments.
ORANGE COUNTY OWNER(S)
Chair, Agricultural Preservation Board Joe Thompson
Chair, Board of County Commissioners
Attest:
Donna Baker, Clerk to the Board
Geraldine Thompson
14
Orange County VAD Agreement
DRAFT
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
COUNTY OF
1, a Notary Public, for said County and State, do hereby certify
that personally came before me this day and acknowledged that he/she
is Chairperson, of the Agricultural Preservation Board and acknowledged on behalf of the Orange
County Agricultural Preservation Board the due execution of the foregoing Conservation
Agreement.
This day of , 20_
Notary Public
My Commission Expires:
COUNTY OF
I, a Notary Public, for said County and State, do hereby certify
that personally came before me this day and acknowledged that he/she
is Chairperson, of the Board of County Commissioners and acknowledged on behalf of Orange
County, the due execution of the foregoing Conservation Agreement.
This day of , 20_
Notary Public
My Commission Expires:
COUNTY OF
I, a Notary Public, for said County and State, do hereby certify
that personally came before me this day and acknowledged that he/she
is Clerk to the Board of County Commissioners and acknowledged on behalf of Orange County,
the due execution of the foregoing Conservation Agreement.
This day of , 20_
Notary Public
My Commission Expires:
15
Orange County VAD Agreement 2
16
DRAFT
OWNERS
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
Personally appeared before me this day
who acknowledged the due execution of the foregoing Conservation Agreement for an
Orange County Voluntary Agricultural District for the purposes therein expressed.
WITNESS my hand and notarial seal, this day of , 20_
Notary Public
My Commission Expires:
Personally appeared before me this day
who acknowledged the due execution of the foregoing Conservation Agreement for an
Orange County Voluntary Agricultural District for the purposes therein expressed.
WITNESS my hand and notarial seal, this day of , 20_
Notary Public
My Commission Expires:
"Please Note: Only complete and notarize as many signature statements as there are landowners.
Orange County VAD Agreement