HomeMy WebLinkAboutAgenda - 12-01-2008 - 4eORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 1, 2008
Action Agenda
Item No. ~- - ~',,
SUBJECT: Authorization to Submit Grant Application to N.C. Agricultural Development and
Farmland Preservation Trust Fund -Breeze Farm Conservation Easement
DEPARTMENT: ERCD PUBLIC HEARING: (Y/N) No
ATTACHMENTS
Application Guidelines
Location Map
INFORMATION CONTACT:
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 fora Breeze Farm
Conservation Easement.
BACKGROUND: The North Carolina General Assembly has appropriated $4 million in FY
2008-09 for funding assistance from the N.C. Agricultural Development and Farmland
Preservation Trust Fund (ADFP Trust Fund). The mission of the Trust Fund is to preserve
North Carolina's working family farms. Funding is available for agricultural conservation
easements and agricultural enterprise programs. Applications are due December 5, 2008.
In 2007 Orange County submitted two applications-one for purchasing a conservation
easement for the Breeze farm (Phase II) and one for a regional Shared Use Food Processing
Center. The first application was not selected for funding, but Orange County was awarded
$132,000 for the regional Shared Use Food Processing Center.
ERCD would like to re-submit the application for funds to complete the planned two-phased
conservation easement on the Breeze farm, owned by Colonel William Breeze, Sr.. The
Breeze farm is located north of Hillsborough along Schley Road (Cedar Grove Township).
In April 2008 Orange County used a grant from the federal Farm and Ranch Land Protection
Program to purchase a conservation easement on a 141-acre portion of the Breeze farm
(Phase I). In Phase II the County would purchase a conservation easement on an adjacent
153-acre portion 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. A map of the
project area is attached. Grant awards will be announced in June 2009.
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. The Lands Legacy Program
currently has $437,900 unencumbered for purchasing conservation easements.
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The proposed conservation easement would have no affect on the property taxes paid to
Orange County for this property. This farm is enrolled in the Present Use Value program,
and therefore is 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 the Board authorize staff to submit the
application for a grant from the ADFP Trust Fund for a Breeze Farm Conservation Easement
by the December 5 deadline.
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NCDA~CS
ADFP Trust Fund
Grant Application Guidelines
^ Overview
Mission
To preserve North Carolina's working family farms.
History
Between the years of 2003 and 2006, North Carolina lost 5,500 farms and 300,000 acres of
farmland; this is equivalent to the average size of one of our counties (USDA-200?). 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 Carolinas #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,
and this growth threatens our farm and forestland. Preserving farmland also protects our
natural resources, wildlife habitat, and water resources.
Eligible Applicants
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.
Only North Carolina counties with a Voluntary Agricultural District or Enhanced Voluntary
Agricultural District program are eligible for an Agricultural Development grant.
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
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) 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 (annual gross income of $100,000 or less)
^ Beginning Farmers
^ 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 grants are limited to $50,000 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. 1436-437.08)
^ 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))
^ 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/finance/tiers/tiers/asp)
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 application.
Travel expenses and other acquisition costs are not reimbursable for easement
applications.
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
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 3 proposals per funding cycle.
® 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 (interviews) will be conducted for those applications receiving the highest scores.
^ Selecting Recipients
The ADFP Trust Fund Advisory Committee, anineteen-member committee, selects the
applicants who will receive an ADFP Trust Fund grant.
^ ADFP Trust Fund on the Web
An electronic copy of the application is available through the ADFP Trust Fund website at
www.ncadfp.org. You may also request a hard copy be sent to you.
^ Funding Period
The funding period for enterprise programs begins July 1, 2009 and ends June 30, 2010. It
is anticipated that funds will be available for disbursement beginning October 2009.
The funding period for agricultural conservation easements begins July 1, 2009 and ends
June 30, 2011.. It is anticipated that funds will be available for disbursement beginning
October 2009.
^ Questions about Filling Out the Application
If you have questions about filling out this application, please contact our ofFce by
telephone at 919-733-2018, ext. 251 or by email at ncadfp a~ncmail.net.
Application Deadline
Two unbound complete applications suitable for photocopying must be delivered no
later than 5:00 PM on December 5, 2008. 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 thousand dollars ($100,000) 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 erodable 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)(a 1)).
For additional resources, go to http://www.ncadfp.org.
Legend
Figure 2: Location Map
Breeze conservation easement (Phase 2)
Breeze conservation easement (Phase 1)
W. C. Breeze Family Fann Agricultural Extension & Rearch Center (NC State)
~ --t Latta Dairy Farm -Orange County conservation easement
- Majorstreams
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Orange County ERCD December 12, 2007
Breeze Agricultural Conservation Easement