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Agenda - 06-13-2006-5y; VAD - Pearson
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 13, 2006 Action Agenda Item No. $~_ SUBJECT: Voluntary Agricultural District Designation: Pearson Property DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No Conservation ATTACHMENT(S): 1) Application 2) ERCD Staff Memo, Vicinity Map & Soils 3) Certification from NRCS 4) Certification from Tax Supervisor 5) Memo to Agricultural Preservation Board 6) APB Minutes from May 17, 2006 INFORMATION CONTACT: David Stancil, 245-2590 PURPOSE: To consider an application from (William) Adrian Pearson for certification as qualifying farmland within the Caldwell Voluntary Agricultural District, BACKGROUND: Adrian Pearson, owner of a 50-acre farm on Pearson Road in Cedar Grove Township, has applied to have his property designated as a certified qualifying farm for the Caldwell Agricultural District. The County's adopted Voluntary Farmland Protection Ordinance (VFPO) provides that the Agricultural Preservation Board review and approve applications for qualifying farmland, and make recommendations to the Board of Commissioners concerning the establishment and modification of agricultural districts. Section VII of the Voluntary Farmland Protection Ordinance contains the requirements for inclusion in a voluntary agricultural district. To be certified as qualifying farmland, a farm must: 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 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: a. Are best suited for providing food, seed, fiber, forage, timber, forestry products, horticultural crops and oil seed crops; b, Have good soil qualities; a. 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, This tract exceeds the 20-acre minimum size requirement to participate in the VAD program. The Orange Soil and Water Conservation District Office (NRCS) and the Tax Supervisor have provided memoranda (attached) which indicate that the Pearson Farm complies with the certification requirements outlined in the VFPO (see Attachments #3 and #4), To be designated as part of a Voluntary Agricultural District, the Board of Commissioners must approve the application that the farm in question 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 (1 Q) 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 notice, At its May 17, 2006 meeting, the Agricultural Preservation Board voted unanimously to approve the certification of Pearson Farm (TMBL # 2,35..5G) as qualifying farmland, The Agricultural Preservation Board recommends the designation of the Pearson Farm totaling 49.62 acres as a certified qualifying farm in the Caldwell Voluntary Agricultural District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. Voluntary Agricultural Districts are non-monetary conservation agreements, RECOMMENDATION(S): The Manager recommends that the Board certify the Pearson Farm as qualifying farmland and designate it as part of the Caldwell Voluntary Agricultural District. 3 VOLUNTARY AGRICULTLJRAL 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 27278 APPLICANT: Name: ~(/ r LL i r/UI ~~R1 /I/i~ ~r~~5©~~ Address: ~'S1~'! /'C~~SVN (~ (~ City:(/~1~~~MrrLL~` State: lire Zip Code: Z-`/~/ t„cltl•L 66vePZ~ly Phone Number (Day): e E"G~ ~ ~8 9/~fFl' (Evening) ~2 qZ / ~) PROPERTY INFORMATION: ProperTy Location/Address: Township: 2 Tax Map: a 5 ~ Bloclc L,ot: 5~ Parcel Identification Number (PIN): 98 7¢s - Cn3-1;~'L t',r Number of Acres: ~~' b Z Deed Book: Page: Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest Service? Yes: No: If "No", please complete back of form Is this land l~ted for Present Use taxation with the Orange County Tax Office? Yes: 1~ , No: If "No", please complete back of form OWNER[S] CERTIFICATION: I [We], the applicant[s], hereby certify that, to the best of my [our] knowledge, the foregoing application is comple~te/a/n/~d~acc at Please direct inquiries to: do Orange County Environwenl mrd Resource Conservnliou Deparbnen] .3064 Revere Rand Hillsboroirgly NC 27278 zt~c°~' 1~'~~-Ksc~t( !3/% /-ltrRVZ~iVt,ccS __ ________ Hillsborough •731-8]81 Cbrspcl Hil(•967-9251 Dnrbma •688-7.331 hlebnae •227-2031 Caldwell Voluntary Agricultural District ~ Potential Particioatina Farm ~ - ~ ,> ~ _ __ _~ I __ / ,--- -~ .. 1 AW KiNS Ro / ~ __ ~ i ~~ __ o U-' Y ~ J Z ~- m ,~ Q CH D _ If - I I~ ' ~ ER -- - LI T LITT~ R~~ -,~ ~~ ~' ~ ~F~ i _ - ~ CHU C R ~ ~ -_`v_ ~ =~ ~/ j I =~, ~ ~ ~- ' ~i ~ ~°' > j 1, ~ I ___ ~.~~ ~i~ ~~ --- _, i ~~L ~ ~ ~ //~IIr ~ ~ I " ~ ~._ .~~__ , , ~. ~ ~ i ~~~~~ i ~- ~ - - t _1 T ~. ,- I ~~ 9 111 ~ , I ~~-_ _~~?~YS i NRD - f , ~._.,-~ ` L ~ ~ ~ ~ ~~ _ ~ i Lee Mlller Farm ~~ /,i i/'-~ Q~,o~ - ~ ~ ~i F ~ i i i ~., ~ ~ , ~ '~ r ~ ~pP I ~,l~o // ~~~ •~ / ~ L~ / .1 \ ~,/ ~,.... ~ ~ ~~.~ ~J ice, i ~ >r.~ ~, ~`~/ `~%^ ~ T~~ I ~. \_ I ~ l~ j ,~~ ~ ~ ~ I! A~~yyo s \` o ~.-~ ~ ( ~ d' ~' ~ I .~ ii~ill, li 11 i~ -li ~n'i ~ ~___l SJ.d~i nr ; pi it u~ ~~ ~ p ~ rr i ;~;,i ~ ~~Q ~~ __ ~ c'-~ ~. ERCD William Adrian Pearson Property 0 950 1,900 3,800 5,700 --"02/26/06 TMBL 2.35 5G PIN 9879-68-6765 / 49.62 Acres Feet B Young 5 William Adrian Pearson Property Soil Analysis Soil T e Descri tion Total Acrea e GeB Georgeville silt loam, 2 to 6 percent slopes 29.832 GeC Georgeville silt loam, 6 to 10 percent slopes 19.357 Ch Chewacla loam 0.056 (Mapping discrepancies) 0.375 Total 49.62 TMBL# 2.35..5G ~P ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Brent Bogue, District Conservationist John Smith, Tax Supervisor From: Tina Moon, Land Use/Preservation Planner Date: March 1, 2006 Subject: William Adrian Pearson Property Application for Certification as Qualifying Farmland Please find attached the application from Adrian Pearson for Certification as Qualifying Farmland; Mr, Pearson has submitted this form as part of the application process for the County's Voluntary Agricultural District Program. To secure such certification, a tract must: Be participating in the present use-value taxation program established by the NC General Statutes, Seckions 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 the NC General Statutes, Section 105-277,3, [Response to be provided by Tax supervisor] 2, Be certified by the Natural Resources Conservation Service of the United States Department of Agriculture (NRCS) as being a farm on which at least two-thirds of the land is composed of soils that: a, Are best suited for providing food, seed, fiber, forage, timber, and oil seed crops; b, Have good soil qualities; c, Are favorable for all major crops common to Orange County; Have a favorable growing season; and e, Receive the available moisture needed to produce high yields for an average of eight (8) out of ten (.10) years; OR be one on which at least two-thirds of the land has been actively used for agricultural, horticultural or forestry operations as defined in the NC General Statutes, Section 105-277.2 (1,2, and 3), during each of the five (5) previous Pearson Application for Certification as Qualifying Farmland Page 2 years, measured from the date on which the determination must be made as to whether the land in questions qualifies. [Response to be provided by District ConservationisfJ 3. Be managed, if highly erodible land exists on the farm, in accordance with the NRCS-defined erosion control practices as specified in the 1985 Food Security Act, [Response to be provided by District Conservationisff In accordance with Section V of the Orange County Voluntary Farmland Preservation Ordinance, you have 30 days within which to evaluate the application for compliance with the above requirements and return your finding to the Environment and Resource Conservation Department. In your response, please be as specific as you can be regarding how the properly complies, Provided the property is certified as qualifying farmland, and the Agricultural Preservation Board recommends designation as a participating farm in the Caldwell Voluntary Agricultural District, the Board of Commissioners could consider the request in the spring of 2006, Please note that the proposed agricultural district is comprised of one tract located in Cedar Grove Township containing, just under 50 acres, Revisions to the Voluntary Farmland Protection Program, adopted in June of last year, reduced the minimum participating farm size requirement to 20 acres, At 49,62 acres, the Pearson Farm exceeds the minimum requirement, Please find the attached vicinity map showing the boundaries of the property and a tabulation of acreage by soil type. You may wish to refer to these in completing your review. Thank you for your assistance in this matter, Please feel free to contact me at extension 2583, if I can answer any questions or provide additional information. /tm attachments cc: David Stancil, Environment and Resource Conservation Director S OIL & WATLR '. C O N 9 E A V A T I O N Orange Soil & Water Conservation District Phone: 919-732-8181, Ext. 2750 Natural Resources Conservation Service Phone: 919-644-1079, Ext, 3 USDA PO Box 8181 306 Revere Road Hillsborough, NC 27278 Tlus report serves to document how the proposed farm qualifies for acceptance into the Volmitary Agricultural Districts in Orange County, 1. Two-thirds of the soils on the farm must: a. Be suited for providing food, seed, fiber, forage, timber, and oil seed crops. YES X % 100 NO Comments: b. Have good soil qualities. YES X NO Breakdown of soil classes in percent: Class I Classes I, II, III are primarily used for cropland Class II _62%_ Class III _18.1 % Classes III-VI are generally best suited for pasture Glass IV or woodland, Class V Class VI Class VIII Class VIII generally unsuited for agricultural use, Comments: e. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small grain, pasture, and loblolly pines. 100 % favorable % ruifavorable d. Have favorable growing season. (YIDS) q 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. Tlus 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 fauns in Orange County. OR At least two-thirds of the land has been actively used in agriculture, horticulhire or forestry operations as defined in the NC General Statutes, Section 105-277.2 (1,2, and 3) dur9ng 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. Acres in cropland Acres in forestland Acres in homestead, farmstead or other related use Total TRACT acres _25.2 20.2 3.1 48.5 Greater than two-thirds in designated uses. Yes X % 100 NO Comments: 1. Faro must be managed, if highly erodible land exists on the faun, in accordance with the USDA Natural Resources Conservation Service (NRCS) defined erosion-control practices as specified in the 1985 Food Security Act as amended. Plan on file in NRCS Office YES X NO IfNO, plan will be required before acceptance into the Voluntary Agricultural Districts Program. Continents: i~ Tract 1367 Customer(s): W A PEARSON District: ORANGE SOIL & WATER CONSERVATION DISTRICT Date: 5/8/2006 Field Office: HILLSBOROUGH SERVICE CENTER Agency: NRCS legend ® Tracl Boundaries O practice Inslanca_polnt - practice_inslanceyolyilne practice Inslance_polygon ® land unit N L_.~ Orange Counly Boundary Springcrest_Farm----PEARWA-Consplattao o ino zeo nzo sso Image:naip_1-1 _zn_s_nc135_2005_t,sid Feet Laaelt of O' e M ~ V s 5E A'~ad earo`"~ ORANGE COI7NTY TAX OFFICE JOHN SMITH, Jr, CAE 200 SOUTH CAMERON STREET 70 ROHERSON ASSESSOR P.O, BOX 8181 TAX COLLECTOR ».LSlaoaao~ro~, No>z cA><aoalavn 27z~s TELEPHONE (919) 732-8181, Ext 2100 ,PAX 644-3091 March 15, 2006 Tina Moon, Land Use /Preservation Planner Orange County Environment and Resource Conservation Department P O Box 8181 Hillsborough, N.C. 27278 Dear Tina: I am in response to your memorandum of March 1, 2006 in reference to William Adrian Pearson. Mr. Peazson owns a 49.62-acre tract that is described by pin number 9878-63-6765. According to our records there are 36.12 acres in pasture with cows and 12 acres of woodland. Mr, Peazson qualified for continued participation in the use value program December 2002, Prior to 2002 this land participated in the program when his father owned it. Please call me at 245-2108 if I can be of assistance. Sincerely, ~~, Teresa Moore Present Llse Value Program Director ~a ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Agricultural Preservation Board From: Tina Moon, Land Use/Preservation Planner Date: May 10, 2006 Subject: Pearson Voluntary Agricultural District Application Copies: David Stancil, ERC Director In January Adrian Pearson submitted an application to include his farm in the Voluntary Agricultural District (VAD) Program as part of the Caldwell District. As you can see from the attached map and soils analysis chart, the tract is located in Cedar Grove Township, near the border with Little River, and contains just less than 50 acres. Section V. of the Orange County Voluntary Farmland Protection Ordinance (VFPO) outlines the required application procedure. Once the application is deemed complete ERCD staff forwards it to the Tax Assessor and Natural Resources Conservation Service to ensure that the property meets specific criteria. ERCD staff received the attached memoranda from NRCS and the Tax Assessor certifying the Pearson property as qualifying farmland, eligible to participate in the VAD program. The next step in the process is for the Agricultural Preservation Board (APB) to determine whether or not it wishes to recommend the application to the Board of County Commissioners. Please review the attached materials and relevant sections of the VFPO, and be prepared to consider this application for VAD status. Should the Agricultural Preservation Board decide to recommend the Pearson Farm for inclusicn in the County's Voluntary Agricultural District program, ERCD staff will forward the recommendation along with the appropriate agenda materials to the Board of County Commissioners for their review and consideration.. The BOCC will make the final decision to designate the property as a participating farm in the VAD program. ~3 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4s 46 47 ORANGE COUNTY VOLUNTARY FARMLAND PROTECTION ORDINANCE ARTICLE I TITLE An ordinazice of the Board of County Commissioners of ORANGE COUNTY, NORTH CAROLINA, entitled, "VOLUNTARY FARMLAND PROTECTION ORDINANCE." ARTICLE II AUTHORITY The articles and sections of this ordinance az-e adopted pursuazit to authority conferred by the N.C.G.S. Sections 106-735 through 106-744 azid Chapter 15.3A. ARTICLE IH PURPOSE Tluough its plans, ordinances and other programs, it is die expressed policy of Orazige County to conserve, protect and encourage the preservation and improvement of agricultural land within the County boundaries as a critical component of die County's cultural and rural character and its economy by virtue of the production of food, fiber and other products. The purpose of this ordinazrce is to reduce the loss of productive and existhrg farmland by promoting agriculhual values and the general welfare of the County, recognize die existence of important farmlazrds by seeking to minimize risks of nuisance suits that arise fi~om die onset of oilier land uses, encourage pazticipation in voluntary programs to preserve and protect farmland from non-farm development and increase identity and awareness of the agricultural community, and its r°ole in die economic and cultural quality of life for all County residents. ARTICLE IV DEFINITIONS The following are defined for purposes of this ordmance: Board: Orange County Agriculhual Preservation Board. Chair: Chairperson of die Orange County Agriculhual Preservation Board. District: Voluntary Agricultural District as established by this ordinance, Board of Commissioners: Orange County Board of Commissioners. Qualifying Farm: A farm that has met the qualification criteria set out in ?.rticle VII of this ordinance, is certified for die Voluntary Agricultural District Program. i~- Certified Oualifying Farm: A faun that has met the criteria as a "qualifying farm" above, and bas executed the provisions of Article VIhA,including the conservation agreement as specified herein.. ARTICLE V AGRICLILTITRAI., PRESERVATION BOARD 9 A, Creation 10 11 An Orange County Agricultural Preservation Board, consisting of seven (7) initial iz members appointed by the Board of County Cormnissioners, is hereby established, 13 Thereafter, the Agricultural Preservation Board shall consist of up to seven (7) at-large 14 members plus one member from each Agricultural District created and existing under this is Ordinance, with members selected frorn Certified Qualifying Farms within Voluntary 16 Agricultural Districts, appointed by the Board of County Commissioners. Additional 17 appointments maybe made to satisfy the requirements of Section IV.B.I.b.of this 18 ordinance. 19 zo B. Membership 21 22 1. Requirements Z.3 2q a, Each Board member shall Ue a resident of Orange County. z5 26 b, Each Agriculhrral District existing pursuant to this ordinance shall be 27 represented on the Board by a person owning farmland on a Certified 2g Qualifying Fann within the District. The Board of County Commissioners 29 shall appoint the Agricultural District reprresentatives and shall make its 3p selection of a representative for each Agriculhiral District from an~ong 31 Certified Qualifying Farms within the District. 32 33 c, The remaining members of the Board shall be appointed at-large by the 34 Board of County Commissioners to represent a broad range of agricultural 35 interests, 36 37 2. Tenure 38 39 Each member shall serve a term of tlu-ee (3) ,years, except that the initial Boazd is 4o to consist of two (2) appointees for tenrrs of two (2) years, two (2) appointees for 41 terms of three (3) yeazs, and tlu-ee (3) appointees for terms of four (4) years. 42 Thereafter, all appointments are to Ue for terms of three (3) years, with 4.3 reappointments permitted. Notwithstanding The term limits contained in this 44 section, Agricultural District representatives maybe appointed and re-appointed ~5 I 3 4 5 6 7 8 9 l0 Il 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4Z 43 44 as necessary to insure that each District is represented as provided in Section B.l.b of this Ordinance. 3. Vacancies Any vacancy on the Board is to be filled for the remainder° of the unexpired term. C. Removal Any member of the Advisory Board may be removed by the Boazd of Commissioners upon atwo-thirds vote of the Commmissioners. No cause for removal shall be required. The Board may recommend that members not meeting attendance stazidards be removed by the Board of Commissioners, If an appointee, in airy calendar year has absences which constitute more than 25 percent of the regularly scheduled Boazd meetings or three consecutive meetings, whichever comes first, wlich he or she is required to attend, he or she is obligated to resign. The Board of Commissioners may consider extenuating circumstances. If the individual refuses to resign, he or she may be removed by action of the Board of County Commissioners, by a majority vote, subject to state or local law. A leave of absence may be granted for extraordinary circumstances, such as illness or personal circumstazices, upon request to the Board of Commissioners. D. Boaz-d Procedure The Board shall develop procedures for the conduct of its meetings, in addition to those listed here, which shall be consistent with this ordinazrce, other provisions of State law, and Robert's Rules of Order, 1. Chair and Vice-Chair The Board shall elect a Chair and Vice-Chair each year at its February meeting. The Chair shall preside over all regular or special meetings of the Board. In the absence or disability of the Chair, the Vice-chair shall preside and shall exercise all the powers of the Chair, Additional officers may be elected as needed, The Chair and Vice-Chair shall serve teams of one (1) year and shall be eligible for re-election. Both may be eligible to succeed themselves for three (.3) terms. 2. Advisor~Board Year The Board shall use the Orange County fiscal year as its meeting year. 3. Meetinrs Regular meetings of the Board shall beheld on the third Wednesday of each month at a time established by the Board. When the regular meeting day falls on a legal holiday, the Board may call a special meeting.. 3 icy 1 2 Special meetings may be called by the Chair or by written request of two (2) 3 members of the Board, submitted to the Board or the Chair. Written or oral notice of 4 special meetings shall be given to all members at least forty-eight (48) hours prior to 5 the meeting azid shall state the time, place and plupose of the meeting. 6 7 All meetnigs shall be open to the public. 9 4. Quorum and Maiorit~ote 10 1l A quorum of the Boaz-d shall consist of a majority of the appointed members of the 12 Board. All issues shall be decided by a majority vote of the members of the Board, 13 except as otherwise stated herein or in the adopted Rules of Procedure.. 14 15 5. Records 16 17 The Board shall keep minutes of the proceedings showing the vote of each member 18 upon each question, or if absent or failing to vote, indicating such fact, and shall 19 keep records of its examinations and other official actions, all of which shall be filed 20 in the office of the Advisory Board arrd shall be a public record. 21 22 E, Duties 23 24 The Board shall have the authority to: 25 26 1. Review and approve the form of the agreement to sustain agriculture required in 27 Section V of this ordinance; 28 29 2. Review and approve applications for qualifying farmland certification and make 30 recommendations concerning the establislurrent and modification of Agricultural 31 Districts and participating farms therein as defined in this Ordinance; ;? 3.3 3. Review and make recommendations concerning proposed amendments to this 34 ordinance; 35 36 4. Conduct public hearings; 37 38 5. Hold joint public hearings with the Orange Cotmty Board of Corrmiissioners on 39 public projects likely to have an impact on agricultural operations within Orange 40 County; 41 42 6. Advise the Board of County Commissioners on projects, programs or issues 43 affecting the agrioultur°al economy or activities within the county and that will 44 affect Agricultural Districts; 17 i 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 IS 19 20 2( 22 23 24 zs 26 z7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A. B C 7. Study additional methods of farmland preservation and make recommendations to the Orange County Board of Commissioners; and 8, Perform other related tasks or duties assigned by the Orange County Board of County Commissioners; and 9. Provide recommendations and input on modifications to the countywide farmland protection plan, incorporated in the County's Lands Legacy Program, as defined in N.C.G.S, §106-744 (e) (1) for presentation to the Board of Commissioners. ARTICLE VI CREATION OF VOLUNTARY AGRICULTURAL. DISTRICTS Districts Orange County is hereby divided into 7 Voluntary Agriculhual Districts that will become effective upon implementation as provided in this Article. The boundaries of each District are identified as follows and are depicted on the map which is Exhibit A to this Ordinance: 1. Cedar Grove 2. High Rock / Efland 3. Cane Creek / Bucldlorn 4. White Cross 5, New Hope 6. Schley / Eno 7. Caldwell Implementation Tn order to implement the purposes stated in Article III, this progrun provides for the creation of Voluntary Agricultural Districts that meet the following standard: The District shall consist of a minimum of one or more Certified Qualifying Farms. Farmland that does not meet the minimrun acreage requirement to be certified but that meets all other certification qualifications may be added to an existing District upon execution by the owner and the recording of a conservation agreement between the Cotmty and the owner, Education 5 I~ 1 2 3 4 5 6 7 s 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 D. The Cotutty may take such action as it deems appropriate through the Board or other entities or individuals to encourage the formation of the Districts and to further their purposes and objectives, including the implementation of public information programs to reasonably inform landowners of the agricultural district progranr. Addition and Withdrawal 1, Qualifying farmland shall be added to a Voluntary Agriculhual District as provided in tltis Ordinance. 2, Tn the event that one or more Certified Qualifying Fanns in the District withdraws and the acreage in the District becomes less than ilxe mirrimum acreage required, a Voluntary Agricultural District will continue to exist so long as tlxere is one Certified Qualifying Farm in the District, ARTICLE VII CERTIFICATION AND QUALIFICATION OF FARMLAND A. Requirements To secure County certification as qualifying farmland (Certified Qualifying Farm), a farm must: 1. Consist of a minimum of 20 contiguous acres; 2. Be participaturg 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 cotmty 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 of the United States Department of Agriculture as being a farm on which at leasttwo-tlxirds of the land is composed of soils that: 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 comrnon to the cotmty 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 often years; G iq 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 zo zl 22 23 24 25 26 27 28 29 30 31 32 3.3 34 35 36 37 38 39 40 41 42 43 44 A. OR Have been actively used in agricultural, horticulhu-al 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 tine farm, in accordance with tine Natural Resources Conservation Service defined erosion-control practises 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 tine owner of such land that prohibits non-farm use or development of sash 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. ARTICLE VIII APPLICATION, APPROVAL, AND APPEAL PROCEDURE Application and Certification Procedm'es A farmland owner may apply for either certification as qualifying farmland or for qualifying farmland designation. For a farmland owner to receive the benefits provided by tlis Ordinance, the farm must be certified as qualifying farmland (Certified Qualifying Fann) by the Board and approved and designated as within a Voluntary Agriculriual District by the Board of Cormnissicners. 1. Applications for qualifying farmland certification shall be made to the County Environment and Resource Conservation Department on farms provided by the Department. 2. The Environment and Resource Conservation Department shall review each application for completeness. When complete, the application shall be forwarded to: a. The tax supervisor's office; and b, The local office of the Natural Resorrces Conservation Service of the United States Deparhnent of Agriculture. Within 30 days of receiving an application, the offices stated in this subsection shall evaluate the application for compliance with tine requirements of tlis subsection A.2. and return their findings to the Envh-omnent stud Resource Conservation 7 ao 1 3 4 5 6 7 s 9 10 li Iz 13 14 15 1G 17 18 19 20 21 22 23 24 25 26 27 2g 29 30 31 32 3.3 34 35 36 37 38 39 40 41 4z 43 44 B Department. The Enviromnent and Resorrrce Conservation Department shall present the application for consideration at the first meeting of the Board, following receipt of the findings of the offices stated in this subsection, 3.. Within 60 days of receipt of the findings of the tax supervisor and Natural Resources Conservation Service offices, the Board will render a decision regarding the applicafion for qualifying farmland status, and, if applicable, prepare a recommendation to the Board of Commissioners regarding the establislunent of a Voluntary Agricultural Distict. The chain of the Board will notify the applicant by mail of the Board's decision as to whether the real property for which certification is sought safisfies the criteria established in this Ordinance and has been certified as qualifying fazrnland. The chair of the Boazd will also notify the applicant of the Board's reconnnendation concerning Voluntary Agricultural District designation, 4. Upon receipt of the reconunendation of the Board, the Board of Commissioners may consider establislunent of a Voluntay Agricultural District. In deciding whether to establish a District, the Board of Commissioners shall consider the findings of the tax supervisor and Natural Resources Conservation Service offices as well as the recommendation of the Board. 5. Upon approval by the Board of Commissioners, the establishment of a Voluntary Agricultural District shall become effective upon recordation of the necessary conservation agreements, prepared in accordance with Article VII, Section AS,, executed by the landowner and the county, and recorded in the County register of deeds as provided in G.S. 121-41. 6. Upon recordation of the requisite number of conservation easements, the Environment and Resource Conservation Department will notify the tax supervisor of the Vohmtary Agricultural District established, The District and each requisite conservation easement will be identified on the Cormty GIS. Renewal of Conservation Agreement Prior to the expiration of the conservation agreement defined herein, the owners of the qualifying fazmland may renew it for an additional 10-year period by recording with the Orange County Register of Deeds a Declaration of Renewal. Conservation agreements not renewed prior to the expiration of the 10-year period may be renewed pursuant to a new application for qualifying farmland as provided in this Ordinance. 8 a~ 1 2 3 4 5 G 7 s 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 zs 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A, B, ARTICLE IX REVOCATION OF PRESERVATION AGREEMENT By written notice to the Board, a lazidowner of qualifying fazmland may revoke the Conservation Agreement or the Boazd may revoke the same Conservation Agreement Uased on noncompliance by the landowner, subject to the same provisions as contained in Article VIII for appeal of denials. Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a District. Absent noncompliance by the landowner, neither the Board nor the Board of Commissioners shall revoke any conservation agreements prior to its expiration. ARTICLE X PUBLIC BEARINGS Purpose Pursuant to N.C.G.S. §106-740, no State or local public agency or governmental urut may formally initiate any action to condemn any interest in qualifying farmland within a District until such agency or unit bas requested the Board to bold a public bearing on the proposed condemnation, Procedure 1, Upon receiving a request, the Board shall publish notice describing the proposed action in the appropriate newspapers of Orange County within five (5) business days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnaton, to be held within ten (10) days of receipt of the request. 2. The Board shall meet to review: a. Whether the need for the project has been satisfactorily established by the agency or runt of governrrrent involved, including a review of any fiscal impact analysis conducted by the agency involved; and b. Whether there are alternatives to the proposed action that have less hnpact and are less disruptive to the agricultural acfivities of the District within which the proposed action is to take place. 3, The Board shall consult with the Environment and Resource Conservation Department, County Agriculhual Extension Agent, the Natural Resources Conservation Service District Conservationist, and any other individuals, agencies, or organizations deemed by the Board to be necessazy for its review of the proposed action. 9 ~~ 1 2 3 4 5 6 7 8 9 10 ll 12 1:3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3G 37 38 39 40 41 42 43 A 4. Within five (5) days after the hearing, the Board shall matte a report containing its finduigs and recommendations regarding the proposed action. The report shall be made available to the public prior to its being conveyed to the decision-malting body of the agency proposing the acquisition. 5. There will be a period often (10) days allowed for public comment on the report of the Board. 6. After the ten (10) day period for public comnnent has expired, the Board shall submit a final report containing all of its findings and reconunendations regarding the proposed action to the decision malting body of the agency proposing the acquisition. 7. The total time period, from the day that a request for a hearing has been received to the day that a final report is issued to the decision malting body of the agency proposing the acquisition, shall not exceed thirty (30) days. If the agency agrees to an extension, the agency and the Board shall mutually agree upon a schedule to be set forth in writing and made available to the public 8. Pursuant to N.C.G.S. §106-740, the Board of Conrunissioners shall not permit any formal initiation of condermiation by local agencies while the proposed condennnation is properly before the Board.. ARTICLE XI NOTIFICATION Record Notice of Proxhnity to Voluntary Agricultural District 1. Pn-ocedrnre The Orange County Land Records Department shall implement and enforce the following requirements outlined in this section. Upon certification of qualifying farmland and designation of real property as a District, the PIN History to tlrat qualifying farmland and real property, which is contained in the Orange County Land Records System, shall be changed to include a notice reasonably calculated to alert a person researching the title of a particular tract that is located within one-half aerial mile of a qualifying fann in a Voluntary Agricultural Dishict of the existence of a qualifying farm in a Voluntary Agriculhnral Dish~ct. 2. Limit of Liability 10 a3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 B. C, A. h1 no event shall the County or any of its officers, employees, or agents be held liable in damages for any misfeasazice, malfeasance, or nonfeasance occurring in good faith in cormection with the duties or obligations imposed by this ordinazrce.. 3. No Cause of Acfion In no event shall any cause of action azise out of the failure of a person researching the title of a pazticulaz tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this ordinance. Si~rra~e Signs identifying approved agricultural districts shall be placed along the rights-of--way of major roads that pass tluough or next to those districts. Additionally, signs shall be posted at the perimeter of qualifying fazms that have executed the Conservation Agreement to participate in the District, Placement of signage shall be coordinated with the N,C. Deparment of Transportation. Maos Maps identifying approved Vohultary Agriculhrral Districts qualifying farms shall also be provided to the following agencies or' offices: a, Register of Deeds; b, U.S. Nahual Resources Conservation Service / N.C. Soil and Water Conservation District; c. North Carolina Cooperative Extension Service; d. Plazuing and Inspections Department; acid e. Any other such agency or office the Board deems appropriate. ARTICLE XII SUBDIVISION REGULATIONS AND ZONING ORDINANCE REVIEW Developers of major subdivisions or° planned unit developments shall designate on any final plats to be recorded the existence of the Districts witlin one (1) aerial mile(s) of the proposed development. ARTICLE XIII WAIVER OF WATER AND SEWER ASSESSMENTS Abe~ce I1 a~- I 2 3 4 5 6 7 8 9 10 11 Iz 13 14 15 16 17 is 19 20 21 z2 z.3 24 25 26 z7 zs 29 30 31 32 33 34 35 36 37 38 39 40 41 4z 43 44 B, C. D E, A. B. Water and sewer assessments for systems owned or operated by Orange County shall be held in abeyance, without interest, for farms in an agriculhual district, until improvements on such property are comlected to the water or sewer system for wlvch the assessment was made. Termination of Abe z~ance When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. Suspension of Statute of Limitations Statutes of limitations are suspended during flee time that any assessment is held in abeyance without interest. Other StatutoryAbeyance Procedures Nothing in this section is intended to diminish the authority of the County to hold assesstents in abeyance under N,GG.S. § 15.3A-201, or other applicable law. Conflict with Water and/or Sewer System Construction and Improvements Grants To the extent that this section conflicts with the teens of federal, state, or other grants under wlvch county water and/or sewer systems aze constructed this Article shall not apply. ARTICLE XIV COUNTY LAND USE PLANNING Duty of the Board It shall be the duty of the Board and the Environment and Resource Conservation Depaztment to advise the Boazd of Cotrunissioners on the status, progress, and activities of the county's agriculhiral district program and to also coordinate the formation and maintenance of agriculhual districts with the County's comprehensive planning and elements of the County Comprehensive Plan. Posting of Notice The following notice, of a size and form suitable for posting, shall be posted in the office of the Register of Deeds and the Land Records Department: Orange Courzry has established agr°icultural districts to protect and presezve agricultural lands and activities. These districts have been developed and mapped by the County to 12 a5 1 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 2.3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A. inform all purclsasers of real property that cer°tain agricultan~al and forestay activities, including standm•d agricnltzn•al practices that may occur in these districts in accord with Federal, State and local ordinances and lams. Maps and information or: the location and establishment of these dish•icts can be obtained ,from the Environment and Resource Conservation Depm-tn¢ent office, ARTICLE XV CONSULTATION AUTHORITY The Board may consult with the Environment and Resource Conservation Department, Ume North Carolina Cooperative Extension Service, the Natural Resources Conservation Service office, the North Carolina Department of Agriculture armd Consumer Services, and with any oilier individual, agency, or organization the Board deems necessazy to properly conduct its business.. The Environnent and Resource Conservation Department is designated as the primary staff support to the Board. ARTICLE XVI NORTH CAROLINA AGENCY NOTII+ICATION Ammual Report to flee North Carolina Department of Agricultrue and Consumer Services A copy of this ordinance shall be sent to flee Office of the North Carolina Conmmissioner of Agriculture and Consumer Services, the Boazd of Commissioners, the County Office of the North Carolina Cooperative Extension Service, and the Soil and Water Conservation District office after adoption. At least annually the county shall submit a written report to the Commissioner of Agriculture and Consumer Services on the county's agricultural district program, including the following information: 1. Number of landowners enrolled; 2. Number of acres enrolled; 3. Nrunber of acres certified during the reporting period; 4, Number of acres denied during the reporting period; 5. Number of acres for which applications are pending; 6. Copies of any amendments to the ordinance; and 7. Any other information the Advisory Boazd deems useful. ARTICLE XVII LEGAL PROVISIONS Severability 13 ~~ i 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 zl 22 23 24 25 26 z7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4:3 44 B. If any article, section, subsection, clause, please, or portion of this ordinance is for any reason foetid invalid or unconstitutional by any court of competent ,jurisdiction, such decision shall not affect the validity of the remaining portions of tlris ordinance. Amendments This ordinance may be amended from time to time by the Boazd of Commissioners. ARTICLE XVIII PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS A. As provided in the N.C. General Statutes, Section 106-744, and included in the County's Lands Legacy Program, Orange County may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements on qualifying farmland as defined in this ordinuice and located within a Voluntary Agricultural District as defined in this ordinance. This ordinance shall be effective from and after April 1, 1992. Duly adopted by the Board of Connnissioners of the County of Orange, North Carolina, this 24th day of Mazch, 1992.. Amended: 9/22/92; 5/24/93; 4/17/00, 6/23/05. ARTICLE XIX ENACTMENT The Orange County Board of Commissioners hereby adopts and enacts the preceding articles atxd sections of this ordinance. Adopted this the 23`d day of June, 2005, Motion for adoption by Commissioner Barry Jacobs, atxd seconded by Commissioner Stephen Halltiotis. 14 a1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 2:3 24 25 26 27 28 29 pds: vfpo-62405 adopted Exhibit A Voluntary Agricultural District Map 15 Exhibit A ae Voluntary Agricultural Districts +, - ~` . , 1 ~'..r 1 `i ,'V r h,ri ~ ,~~~ V r 1~ ~1 ~, 1 i' 1. '~ I :.A. f ~~frµ~r~ •l f~~~~l~+ ~~ ~'~~~a r~r~>~ J'r i 1~ ~~.J ~}~~jt~ ~ i J ~ V1' ~1~1' ,j~ l ( J` / ~F t~ ~.~:{~~ yJt~r ~Y~+JI ~~- 'Q.`~l~ ' J~ %rl ~'' ~ ~ 4 71 1 ~ ~t tl , ~} ~ ~! 1 !I :~~i ~ u~~~j.r ~1 f l~~~l~~ f 1+1/ ~y l,~l r ~ )~ o (i. ~ ~ ~ '~ r~ I~' ~+ .! I~ly~i f r~npp4~~1 +~jl~ ~ ~' ~, cnavomw , '~ J , ~`)~ '1~' 1f' ~ celmnu ~i~~ _. fi ~('f `~ 'mil ~~~~r'fw~'r'4r~1 ~ >. ~ ~'~^~~i+~%~ ~.,! ~~''G.~'~ j,~ ?~ .!~,. i d \1 .t.Z'~I ~/ 1~.1. ~. J. 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Young i- it .._ h r _ t , i ~~ ~- ,- r 1F y~{ll~ ~c 6-29.05 Adopted 6-23-05 ~~ DRAFT MEETING SUMMARY AGRICULTURAL PRESERVATION BOARD May 17, 2006 MEMBERS PRESENT: Tony Kleese, Vickie Brown, Elizabeth Walters, Marty Mandell, Spence Dickinson, James and Patricia Wynn, Patrick McGarry MEMBERS ABSENT: Louise Tate, Whit Morrow, Mari Trosclair, and Don Johnson GUESTS: Adrian Pearson, Alice Gordon STAFF: ERCD Director David Stancil, Preservation Planner Tina Moon, EDC's Noah Ranells ITEM #1: CALL TO ORDER Chair Kleese called the meeting to order at 7:45 p.m. (Another group was using the conference room so the meeting had a late start.) ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA ITEM #3: APPROVAL OF MINl1TES March 15, 2006 MOTION: Mandell motioned approval of March 15, 2006 meeting minutes. Seconded by Walters. VOTE: Unanimously approved. ITEM #4: WELCOME NEW MEMBERS The APB welcomed new members Dickinson and McGarry. Members introduced themselves and described their farm occupations, advocacy and interests. ITEM #5: ELECTION OF CHAIR AND VICE-CHAIR Kleese announced that he had served two terms as chair and was therefore ineligible to accept a nomination for this election. He described the duties of the chair and vice-chair. Ranells, who formerly served as the APB chair and vice chair, shared his experiences with the positions.. Wynn asked to make a special effort to have a full board attendance at the June meeting and to postpone the elections until that time. Staff was asked to convey this message to absent members, ITEM #6: ITEMS FOR DECISION a. Voluntary Agricultural District Application -Pearson Farm Kleese introduced the Pearson Voluntary Agricultural District Application and reviewed the APB's role in the approval process. Kleese noted an inconsistency with the information regarding the NRCS plan for the Pearson application for certification as Oualifying Farmland. Moon said that farm plan had been updated and the application was complete as described in the latest memo to the APB, The Board asked how Mr Pearson had learned of the program. Stancil noted that the owner of a neighboring VAD participating farm had recruited Mr. Pearson. The certification and approval process was discussed for new members, MOTION: Walters motioned to recommend the Pearson VAD application to the BOCC. Seconded by Wynn. VOTE: Unanimous approval b. Resolution of Appreciation -Bob Strayhorn Stancil noted that Mr. Strayhorn sent his regrets, but that he could not attend the meeting due to other obligations. The board celebrated Mr, Strayhorn's continued devotion to preserving agriculture in Orange County. MOTION: Mandell motioned that the Agricultural Preservation Board adopt the Resolution of Appreciation, mail the resolution document to Mr. Strayhorn and then invite him to another meeting for an official reading ceremony. Seconded by Walters. VOTE: Unanimous approval. oRAhT May x006 AptlntlluniPrcservaiion BOam Meeli,q Smnmary Page t of4 30 ITEM #7: ITEMS FAR DISCUSSION a. Environmental Responsibility Goal (Commissioner Gordon thanked the APB for letting her sit in on the meeting and left at this time.) Kleese introduced the BOCC's request to various advisory boards for recommendations to identify Action Strategies for the new Environmental Responsibility Goal. The BOCC adopted a new goal entitled "Environmental Responsibility in County Government" last December.. The goal included ten objectives, which outline general areas of activity needed to accomplish the goal. To implement these objectives, more-specific action strategies are needed. The BOCC has asked for the APB's assistance in identifying action strategies that relate to the board's area(s) of expertise, Stancii explained that the Environmental Responsibility in County Government Goal was designed to relate to how the county does business, that is, to try to promote environmental ethics and environmental stewardship and ecosensitivity within the way things are done in county government. He described the ten objectives followed by specific departments who are being asked to look at each objective. For example with objective number one, there has been an Environmental Stewardship Action Committee (ESAC) created and the ESAC will be holding it's first meeting later this month. The Commission for the Environment is working on topics listed in objective number five and other items related to air quality, Different departments and advisory boards are working on developing concise action strategies that would implement the ten objectives by the end of June. Once these action strategies are gathered the CFE is charged with putting together a package for BOCC consideration. Stancii said that Objective #6 talks about forestry, which is related to work that the APB has done. Objective #9 speaks to growth management procedures, which is also related to farmland preservation. Kleese suggested that the county should consider it a priority to buy local food and local organic products at any county function. He also suggested that there is too much paper in agenda packets, and asked if it would be possible to request electronic copies of informational items instead of receiving paper copies by mail. He asked about receiving electronic agenda packets. Stancii shared the arrangement that is in place for the Commission for the Environment regarding electronic agenda packets and said that the same could be done for the APB, Members should let staff know if they prefer electronic agenda packets. McGarry asked if the county has a policy on smoke free buildings and designated smoking areas. Stancii reported that county buildings are smoke free and some designated smoking areas are being reviewed. Kleese asked if the APB could advocate for the development of a sustainable food system for the region. Stancii replied that it would need tangible, specific, action strategies. Kleese asked if it would be appropriate to ask that the county to put resources toward examining the food need in our region and what it would take to be self sufficient-to grow our local food needs. Mandell clarified that the action strategy would be to ask the county to fund a study. Stancii noted that the proposal may be outside of the scope of the project--the realm of county government--but that some other groups are suggesting some strategies beyond the boundaries of county government functions. McGarry suggested that the county consider using biodiesel (and or other alternative) fuels. McGarry also asked about composting the food waste at county facilities using worms (Brian Rosa is a good resource). Countywide food waste could be composted. Dickinson asked about recycling plastics within Orange County and using plastics as a resource, Kleese suggested looking at the lighting in county buildings, and ways to conserve/reduce energy dependence, Stancii added that a team of staff members is working to accomplish the recently adopted energy conservation goal and addressing this topic. Brown asked if the Environmental Responsibility Goal includes schools within the county. Stancii added that the CFE has raised the same question. Brown also suggested incorporating a light pollution guideline and noise pollution guideline. Stancii noted a county light pollution ordinance was adopted last year. Ranells noted that the BOCC has adopted "high performance guidelines" with some degree of green building requirements for funding for new school facilities. Stancii added that the standards are the Triangle J Council of Government's high performance standards. Dickinson asked about ways to reuse water, and could the County develop a mechanism to re-use grey water for irrigation purposes. Stancii noted that OWASA and the University are beginning a re-use water project. Kleese reiterated that if the Environmental Responsibility Goal includes the schools, the school system should be asked to support the use of local food products. Or+nFr May 3000 AO@vlWml PrcservMlan BoaN McMnp Smnmary Page 2 of 4 31 b. Agricultural Center Workgroup update Kleese reported that the Agricultural Center Workgroup's final report would be presented on May 25th at the BOCC meeting at the Gordon Battle Courtroom in Hillsborough at 7:30 p.m. APB members were invited, and encouraged, to attend, c, USDA I Orange County Teer Farm Celebration Stancil reported that the USDA contacted Orange County, on short notice, and invited participation in their April celebration event, The event was held to recognize the commitment of 10 million dollars to North Carolina for farmland protection as part of the Farm and Ranch Lands Protection Program. Since a quarter of that money had gone to the Lands Legacy Program in the form of conservation easements the USDA considered the County a good partner for April 21-outreach event at the Teer farm. d. Breeze Family Farm Research Facility Stancil reported an event held at the William Breeze property on Walnut Grove Church Road, where Col. Breeze has donated land to the NC State Agricultural Division. The property will be used for a research farm with the possibility of an incubator organic farming operation, Members asked about the size and specific uses for the research facility, Ranelis reported a total of 269 acres from two parcels from two families. The facility will be called the W. C. Breeze Family Small Farm Research & Education Center. He added that the county is working with NC State Cooperative Extension regarding what the county would like to see occur on at the site and might consider partnering with other partners. Ranelis will keep the APB apprised of ongoing discussions, Mandell proposed that staff draft a letter of appreciation to Col Breeze for APB consideration, Kleese agreed and other members agreed. e. Letter to Representative Faison Report PREVIOUSLY the board requested the status of the Faison letter in relationship to House Bill #607. APB discussions, regarding House Bill #607 in January, spoke to incentives for farm families such as tax reductions and relief from legal fees associated with frivolous nuisance lawsuits. House Bill #607--legislation regarding voluntary agricultural district programs--omitted the language designed to protect farmers from frivolous lawsuits.. Walters reported speaking with Representative Faison at the Agricultural Summit about the omission. He indicated there was an existing General Statute that covered this area and felt that would be sufficient. Faison invited Walters to continue discussions at another time. Staff was asked to investigate what statute would cover this area of concern. Stancil said a draft letter was prepared asking Rep Faison to share the thought process about the changes that limited ability for farmers to recover costs in a lawsuit, Walters reported she had not been able to reach Faison by phone as of this time to follow up on their discussion at the Agricultural Summit. Members discussed another point of concern regarding how to engage the public on the farm, protect the farmer from liability issues and not require the farmer to go through complicated permitting processes. Ranells added that a part of the enhancement to voluntary agricultural district program regarded the agri-tourism liability law, as of yet there have been no impacts on insurance rates. The Farm Bureau will be following up with the Insurance Commissioner to see what the impacts are. Ranells volunteered to assist Walters with follow-upon this topic.. Moon added that the enhanced voluntary agricultural district program expands the definition of a bona fide farm-which may expand the range of activities that farmers can do exempt from zoning regulations-- important for people who want to do value-added type operations. It dovetails with the on-going planning initiative and is important for farmers who want to bring the public to their farm to understand. f. Junior Livestock Show and Piedmont Farm Tour Kleese reported a successful Piedmont Farm Tour and thanked folks for their work to promote the tour.. Ranells reported 650 visitors to Fickle Creek Farm and mentioned that the APB tri-fold display board and related information was available for viewing. Mandell and Moon reported a few onlookers at the APB booth during the Junior Livestock Show. g. New Hope Park at Blackwood Farm Stancil noted the BOCC had approved the process and appointed workgroup members. The workgroup is scheduled to hold its first meeting in June and then break for the summer. Once the survey work is completed the workgroup will begin the design process in September. Dickinson outlined a proposal for the Blackwood Farm OftAFT M1lay Y006 ApX[ulluq~ Pmscrvallon BoaN MecAbq Summary Page 3 of 4 3a involving teaching children about farming. He asked if members would like to be involved with the proposal to let him know, h. Land Use Element of the Comprehensive Plan Stancil reported that the Board of County Commissioners has restarted the Land Use Element update process and has placed the Planning Board in charge of developing a new process for BOCC consideration. The BOCC has also asked the Planning Board for their suggestions on an approach/process for updating the overall Comprehensive Plan. Moon added that the advisory boards would be engaged in the process, Stancil said if there are new initiatives from the BOCC it could impact how the APB proceeds with this project. Mandell asked if, after reading the summary of debate from Dr. Claire Williams, the APB could invite the Commission for the Environment and other interested citizens to hear about this important topic--genetically engineered threats to agriculture. Staff noted that all APB meetings are open to the public, Kleese said that Dr Williams should be contacted if more people were to be invited. Mandell volunteered to contact Mari Trosciair to ask about inviting more people to the next APB meeting. Staff was asked to check availability of the larger conference room. ITEM #6: ADJOURNMENT Next meeting date June 21, 2006; 7:30 p m at the Planning & Agricultural Building on Revere Road. MOTION: Wynn motioned to adjourn at 9:30 p.m. VOTE: Unanimous approval. oravr nmy zooo nan,.,nwrw Preservnvon sovm n+eniov swnmorv Page 4 of 4