MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION

MINUTES

January 28, 2003

 

 

TRUSTEES PRESENT:

 

Lewis R. Riley, Secretary of Agriculture

James R. Brooks, D.V.M., Assistant Secretary of Agriculture

Lloyd C. Jones, Jr., Acting Chairman

Douglas H. Wilson, representing Secretary Maryland Department of Agriculture

Joseph F. Tassone, representing Secretary of Maryland Department of Planning

Lewis Logan, representing Treasurer Kopp

Joseph K. Scott

Mildred H. Darcey

Maurice L. Wiles

Allen H. Cohey

Judith C. Lynch

Robert E. Wolf

 

 

TRUSTEES ABSENT:

 

Gerald Thorpe, representing Comptroller Schaefer

 

OTHERS PRESENT:

 

Jim Conrad, Executive Director

Craig Nielsen, Assistant Attorney General

Dave Kelleher, Asst. Chief, Appraisal & Valuation, Maryland Department of General Services

Carla Martin, Kent County Program Administrator

Bill Powel, Carroll County Program Administrator

Radhika Sakhamuri, Queen Anne’s County Program Administrator

David Black, Cecil County Program Administrator

Donna Sasscer, St. Mary’s County Program Administrator

Dan Rosen, Maryland Department of Planning

Eric Balsely, Maryland Department of Planning

Sandra Edwards, Eastern Shore Land Conservancy

Carl DeMatteo, Maryland Farm Bureau

Tina Bowles, St. Mary=s County Landowner

H. Bayard Williams, Sr., Cecil County Landowner

Robert Bryan, Kent County Landowner

Franklin Wood, Calvert County Agricultural Land Preservation Advisory Board

Iva L. Frantz, Administrative Officer

Elizabeth Weaver, Administrative Officer

 

 

Lloyd C. Jones, Jr., Acting Chairman, called the meeting to order at 9:30 a.m., at the Maryland Department of Agriculture building, Annapolis, Maryland.

 

 

     I.     APPROVAL OF MINUTES/ADDITION OR DELETION OF AGENDA ITEMS:

 

A.         APPROVAL OF MINUTES December 19, 2002

 

Motion #1:         To approve the minutes of December 19, 2002.

 

Motion:             Allen Cohey                               Second:  Mildred Darcey

Status:              Approved

 

B.         ADDITION OR DELETION OF AGENDA ITEMS:

 

Jim Conrad, Executive Director, stated that there are additional agenda items.  Of these, Joseph Tassone presented an overview of the MALPF Task Force recommendations to date.  He further stated that he will be presenting an issue that has come up before the Board of Public Works (BPW), Doug Wilson will be discussing budget issues coming before the General Assembly, and Craig Nielsen will be discussing the Mullinix property litigation along with the Newsome tenant house issue.

 

Craig Nielsen, Assistant Attorney General, stated that in the case with the Mullinix property, the landowners had approached the Board with a request to allow a commercial venture on easement property.  Howard County requested the Foundation=s support in their motion to stop them from operating this business.  The Newsomes are subsequent landowners and are constructing an extremely large dwelling under the pretext that it is a "tenant house."  Howard County has denied a building permit and Mr. Newsome has proceeded with legal filings.  Howard County is working with MALPF on this issue in filing a summary judgment.

 

Lloyd C. Jones, Jr., Acting Chairman, asked Mr. Nielsen what the status is on the Mullinix property.

 

Mr. Nielsen stated that the Mullinix sold an easement to MALPF and contend that they have had a landscaping business on this property for 20 years.

 

Mr. Jones stated that a farmer was leasing this property and that they could have stored their hay in the barn. 

 

Mr. Nielsen stated that the Foundation found out about the business in the late >90=s and notified Howard County of the zoning violation. 

 

Mr. Conrad stated that the issue is the leased land to the landscape operation whose status has not change.  The Board has ruled on this before as they are not allowed to do this. 

 

Mr. Nielsen stated that Howard County has been the most cooperative county when an issue such as this arises.

 

1.                   Task Force Recommendations

 

Mr. Tassone stated that in the report recommended that the Foundation 1) develop guidelines that would allow compatible supplemental income to the farming operation in order to keep land in preservation.  2) Deals with the fact that under the current easement valuation approach, farms with poor soils, that are otherwise completely equivalent to farms with better soils, can be in a better position for discount and rank higher.  This will also help farms that are in rural areas attain a better easement value than ones in more metropolitan areas.  There is a recommendation for a change in the easement evaluation approach.  3) What the program has to do to reach statutory goals. 4) Provide new landowner options for lot exclusions.  This will give the landowner the option to subdivide 1 unrestricted lot or chose to subdivide family lots and reduce the number of family lots and acreage.  5)  The Task Force recommends a coherent policy for approving districts where land is withheld.  6)  Recommends change in easement valuation approach so that the Foundation is not paying close to the fair market value.  7)  Using Bond Funds to replace dedicated funds during the budget crisis.

 

Mr. Tassone further stated that some of the items would require support from the Legislature.  The specific changes (see pg. 17 of the report) are:

 

Legislation to accomplish these objectives has been requested by Senator Middleton & Dyson and in the House by delegate James.  The bill introduced by the senators did not include the changes in the easement value system, but is in the House version. 

 

Mr. Tassone stated that Foundation staff and other Task Force members have been going to various areas of the state having conferences to inform interested parties about what is going on with the Task Force and their recommendations.

 

Mr. Tassone stated that there is the Task Force=s recommendation that the Legislature allow the Foundation to set the cap that is designed to maintain interest in the program and to set the cost.  He further stated that research indicates that sales of easement property indicate that these properties in most cases sell for 70% or less of the fair market value. 

 

Discussion followed.

 

Mr. Tassone expressed his appreciation and thanked the Program Administrators for their time and input into the Task Force recommendations.

 

2.                   Budget Issues

 

Mr. Wilson stated that the Governor=s proposed FY =04 budget has funds coming to us from the Transfer Tax, Ag Transfer Tax, County Matching Funds and Federal Funds.  The GreenPrint budget is proposed to be only $5 million, funded by bonds, with MALPF getting 25% or $1.25 million.  The Transfer Tax figure at $14.5 million plus.  The Governor is proposing for AG and Dept. of Natural Resources (DNR) to take all transfer tax dollars and submit a new budget reconciliation act that will take 100% of the remaining money and put it into the General Fund.  The Capital Budget has a bond bill that will replace the $14.5 million; this has not yet been proposed but supposedly is in the works.  The Governor is going to request that $10 million be given to the General Fund from the Transfer Tax and the Ag Transfer Tax, from the current budget and return to us $7 million.  The Bond Bill next year would be $21 million, the non-bond portion would be the Ag Transfer Tax, the local government money and the Federal funds.  This is not a dollar for dollar exchange and there are administrative concerns about the applicants that have been submitted and appraised for the current year.  At this point some of it can be used for the FY =03 applicants.  He stated that MALPF needed a budget amendment to bring remaining money into the budget and was submitted to the Legislature, to make offers for the remaining easement offers from FY=02.  The Legislature has heard the budget amendments. The House of Delegates is considering monies that are available and putting them in the General Fund.  The legal advisors to the Legislature have advised them that technically there are MALPF funds that are not obligated.  There are approximately 80 landowners that are expecting to have offers made to them.  Secretary Riley has written letters to the Legislature, to let the Legislature know that these commitments should be honored with the remaining funds.  Half of the outstanding money is Local Matching Funds which cannot be utilized by the General Fund as it is county money. 

 

Mr. Conrad stated that this issue will not affect GreenPrint offers. He further stated that in light of the current budget situation, the Foundation may want to hold the applications for District Agreement.  Once there is more information as to how the budget is going to shape up, then the Foundation can proceed with filing the documents.

 

Mr. Wilson agreed that all District Agreements should be held and the landowner contacted once the Foundation knows where it will stand financially for FY =03 and =04. Then the Board will be able to determine how many offers we will be able to make.  He further stated that there is a recommendation to the Budget Department that has been accepted to circumvent this situation from happening again.  The accounting will be changed so that the money can roll from one year to another without having to go back for approval if additional funds become available.

 

3.                   Acreage Adjustments

 

Mr. Conrad stated that the MALPF can no longer accept acreage adjustments beyond 2% that increases funding.  This is being discussed now as one of the agenda items is relevant to this issue.  A meeting has been held with the Department of General Services, Office of the Attorney General, to discuss what options there are.  He passed out a proposal to the Program Administrators outlining the issue and some possible recommendations for addressing this matter.  When a survey is submitted and indicates that there is an increase in acreage more than 2% greater than that of the property deed at the time of easement application, the BPW will not accept requests for adjustments upwards to get more money for the excess land. Landowners have two options; they can either withdraw their application for the year and reapply for the next cycle with the adjusted acreage or reject the offer.  This issue will be discussed at the February meeting. 

 

 

    II.     AGRICULTURAL PRESERVATION DISTRICT PETITIONS

 

A.                  GARRETT COUNTY

 

1.         11-05-03-05       RODEHEAVER, Terri F., & R. D. Georg        102.50 acres

 

Mr. Conrad stated that this is being represented to the Board from the December 18, 2002 meeting.  The landowners were notified that because of the excessive amount of withheld acreage there may receive a lower easement offer because of the reduced number of development rights.  John Nelson, Program Administrator for Garrett County, advised the Foundation that the landowners are in the process of selling an easement on the property to Rural Legacy.  The withheld acreage will be adjusted once this is finalized.  The issue is that they are placing their land into a district to take advantage of the Garrett County tax credit program.  The difference between our program and Rural Legacy is that they have more flexibility and will include the acreage and regulate the activity.

 

Mr. Tassone asked if there will be a tax credit if the property comes under Rural Legacy.

 

Mr. Conrad stated that the tax credit may be predicated on the district establishment.  It depends on the county.

 

Allen Cohey, Board member, asked who will co-hold the easement.

 

Mr. Conrad stated that the County is the sponsor and that it will either hold the easement by itself, with Rural Legacy or co-hold it with MALPF.

 

Mr. Tassone stated that if the district is established, there is a possibility that they may not sell an easement to MALPF.  If the Rural Legacy does not go through, will they try to sell it to MALPF.

 

Mr. Conrad stated that they are aware of the decrease in value due to the withheld acreage.  He further stated that there is a third party interest, Duke Energy which is the natural gas company.  They are a company that will not subordinate their interest to the easement.  This appears to be the reason that they are applying to Rural Legacy, because Rural Legacy would not require the subordination.

 

Mr. Wilson stated that if Rural Legacy takes this easement and allows Duke Energy, it will cover the Foundation.

 

Discussion followed.

 

Mr. Tassone stated that the Foundation could adopt the Task Force recommendation not to accept this as a district due to there is a potential for too many development rights on the withheld land.

 

Mr. Conrad stated that according to the Task Force recommendations, that the Foundation could approve more withheld acreage than what the guidelines suggest as long as the landowners are informed and agree that an easement may not be purchased.  He further stated that this is being done for tax purposes in Garrett County.

 

Mr. Tassone stated that this could be done if it is zoned for conservation and has only 3 development rights.

 

Motion #2:         To approve the request of Terri F. Rodeheaver and R. D. Georg to establish an agricultural land preservation district on their property with the understanding the Foundation will not commit to selling an easement.

 

Motion:             Doug Wilson                              Second: Robert Wolf

Opposed:          Mildred Darcey, Allen Cohey, Lewis Logan

Status:              Approved

 

B.                  CARROLL COUNTY

 

1.         06-06-03-01       WEBER, John E. Jr. & Elizabeth B.              62.615 acres

 

Mr. Conrad stated that this land is in a Carroll County by-pass area with no plans to construct for 15 to 20 years.

 

Bill Powel, Bill Powel, Carroll County Program Administrator, stated that this is part of the Manchester by-pass that has been in the plans for many years and in all likelihood not happen for many years.  He further stated that this by-pass crosses many properties in that area.

 

Motion #3:         To approve the request of John E. and Elizabeth B. Weber to establish an agricultural land preservation district on their property.

 

Motion:             Joseph Scott                             Second: Judy Lynch

Status:              Approved

 

Mr. Jones stated that Lewis R. Riley, Secretary of Agriculture would not be at the meeting due to a doctor=s appointment and introduced James R. Brooks, D.V.M., Assistant Secretary of Agriculture.

 

James R. Brooks, D.V.M., Assistant Secretary of Agriculture, greeted the Board.  He stated that he is a practicing vet for 30 years and that he is committed to promoting agriculture and its concerns.  He further stated that he is an advocate of agriculture and has an Aopen door@ policy.

 

At this point the Board members introduced themselves to Dr. Brooks.

 

Mr. Wilson mentioned that the audience is composed of Program Administrators, landowners and interested parties in the conduction of the Foundation=s works.

 

Dr. Brooks stated that he is from Baltimore County, is very interested in preservation of farmland, and will be listening in from time to time.

 

 

      I.    DISTRICT/EASEMENT AMENDMENTS

 

A.                  SOMERSET COUNTY

 

1.         19-13-84-01e     HARTMAN, John V. & Adele B.                      97.46 acres

Request for an Agricultural Subdivision B Reconsideration

 

John and Adele Hartman are the original owners of this 97.46 acre easement property in Somerset County.  They are requesting an agricultural subdivision of this parcel into two parcels of approximately 21.81 and 75.65 acres.  According to the Minutes of the Somerset County Agricultural Land Preservation Advisory Board, the minimum soils eligibility for the MALPF program has been met.  The 21.81 parcel is being sold to Gary and Kathleen King who will incorporate it into their adjacent farm also under easement that resulted from an earlier agricultural subdivision of Mr. Hartman’s original property.  Because the parcel proposed for agricultural subdivision will be incorporated into an existing easement property, it does not need to meet the fifty-acre minimum required under the agricultural subdivision policy.  The Kings’ existing easement property is 123.48 acres; this agricultural subdivision will expand that property to 145.29 total acres.

 

The acreage proposed for agricultural subdivision property has no dwellings. The Hartmans requested and were approved to exclude a one-acre child’s lot for their son, Joseph (1989).  One-acre was excluded around a pre-existing dwelling in 1994, but the Hartmans were denied a one-acre lot for their daughter, Lori Goldsborough, also in 1994, because there was no intent to construct a dwelling, only to expand the one-acre existing lot excluded around the pre-existing dwelling.  The Hartmans also requested and had two agricultural subdivisions approved, one for approximately 125 acres in 1993 (the King property), and one for approximately 51.08 acres for Lori Goldsborough in 1997.  The Hartmans’ original parcel when the easement was sold in 1987 was approximately 246 acres.  They have not requested any other lot exclusions and do not own any other district or easement property.

 

The request has been reviewed and a favorable recommendation provided by the Somerset County Agricultural Land Preservation Advisory Board.  The Board finds that the proposed subdivision will not affect the continued agricultural use of the property.  Also attached for review and consideration are the Advisory Board’s minutes, landowners’ application, location maps, and a letter from the Somerset Soil Conservation District.

 

At the December, 2002 Board meeting a question was raised about a 17.4 acre parcel at the southwest end of the property, which would be cut off from the main farm property by the subdivision.  According to Somerset County, Mr. Hartman does not want to sell the 17.4 acre parcel because it is in the CREP program and he receives payment for keeping that area planted with trees.  Mr. and Mrs. King want to buy the 21.81 acres because they want to farm it with crops as they currently do in the adjacent field.

 

Tom Lawton, Somerset County Program Administrator, recommends that a note be placed on the subdivision plat identifying the deed of easement on the entire property and an additional statement specifically precluding development of the 17.4 acre remnant.

 

Mr. Tassone asked if this would be precluding development on this parcel.

 

Mr. Conrad stated that this would be a re-enforcement of the existing easement and preclude development.

 

Mr. Tassone stated that his concern is that the 21.81 acres could go into another easement.

 

Mr. Conrad stated that the only way this could be subdivided is if it is attached to the King property, otherwise it is not of a size that can be subdivided.

 

Mr. Tassone asked if the 17.4 acres would be subdivided and there needs to be something in the land records that indicates that the 21.81 acres is now part of the other farm and cannot be subdivided.

 

Mr. Conrad stated that Somerset County is requiring that it be incorporated with the parcel as a non-subdividable piece. The 17.4 acre parcel will remain with the parcel that is owned by the Hartmans.  This piece is for retirement planning.

 

Mr. Tassone wanted clarification that this parcel will not be subdivided.

 

Mr. Wilson stated that the 17.4 acres cannot be sold separately.

 

Mr. Tassone stated that the motion should state that the 17.4 acre parcel remain part of the mother parcel.

 

Mr. Conrad stated that it should be allowed to be subdivided and attached to the King parcel.

 

Motion #4:         To approve the request of John V. and Adele B. Hartman for an agricultural subdivision with the 17.4 acre parcel remaining part of the original parcel.

 

Motion:             Joseph Scott                             Second: Judy Lynch

Opposed:          Allen Cohey

Status:              Approved

 

B.                  CECIL COUNTY

 

1.         07-01-97-01S2   WILLIAMS, H. Bayard, Sr., & Agnes M.        245.90 acres

Request for an Agricultural Subdivision B Reconsideration

 

Bayard and Agnes Williams are the original owners of this 245.9 easement property.  They are requesting an agricultural subdivision of this parcel into two parcels of approximately 92 and 155 acres.  Both resulting parcels meet the minimum soils eligibility for the MALPF program B the smaller parcel has 76% qualifying soils, and the larger parcel also has 76% qualifying soils.  The Williams wish to retire due to health problems.  The farm is currently rented out to grow corn, beans, wheat, and barley, and part of a larger farming operation.

 

The property has one pre-existing dwelling.  The Williams requested and were approved to exclude a one-acre owner=s lot for their personal use at the April, 2002, Board meeting.  This house will be constructed to be their retirement home.  The Williams have not requested any other lot exclusions and do not own any other district or easement property.

 

The request has been reviewed and a favorable recommendation provided by the Cecil County Agricultural Land Preservation Advisory Board. The Board finds that the proposed subdivision will not affect the continued agricultural use of the property.  Also attached for review and consideration are the landowners’ application, location maps, and the Department of Assessments and Taxation review of continued eligibility of both parcels for agricultural assessment.

 

At the December, 2002 meeting, Foundation Board members asked specific questions regarding the planned use of the subdivided property.  Foundation staff contacted David Black, Cecil County Program Administrator, to request more information about the property.  According to Mr. Black, the farmer who currently rents the property, Ronnie Miller, will continue to farm both tracts in crops after the proposed subdivision. Mr. Williams will manage the remaining 92 acre parcel and will continue to rent it to Mr. Miller who will continue to farm it in crops.

 

The Foundation staff recommends approval because the proposed agricultural subdivision meets the criteria set forth in the Foundation’s Policy on Agricultural Subdivisions.

 

Mr. Tassone asked if Mr. Miller is going to continue to farm all of the land.

 

H. Bayard Williams, Landowner, acknowledged that Mr. Miller will continue to farm the land.

 

Mr. Tassone stated that a subdivision is approved when there is going to be two separate farming operations on the same parcel of land.

 

Mr. Wilson asked what the purpose for requesting to subdivide the property is.

 

Mr. Williams stated that he and his wife have health problems but want to retain part of the farm.  Mr. Miller will be purchasing the larger parcel and continue to farm both.

 

Mr. Conrad stated that the guidelines for agricultural subdivision do not state that there needs to be some improvement in the agricultural operation.  It says that it has to meet the soils qualifications and both parcels have to continue to qualify for agricultural use assessment.  In this case it will.

 

Mr. Tassone stated that the justification for agricultural subdivision is that the land is going to be used for separate agricultural operations.

 

Mr. Wilson stated that in this case, it appears that what the landowner wants to accomplish is to retain the original farm and sell the newer part and continue to farm.

 

Mr. Tassone asked if this was going to be two separate farms.

 

Mr. Williams stated yes, but that Mr. Miller will farm the Williams land, too.

 

Discussion followed.

 

Motion #5:         To approve the request of H. Bayard and Agnes M. Williams for an agricultural subdivision provided that the 155.0 remaining acres are a separate farming operation.

 

Motion:             Joseph Tassone                         Second: Doug Wilson

Status:              Approved

 

C.                  ST. MARY=S COUNTY

 

1.         18-24-01-04       BOWLES, Leonard T. & Tina L.                    129.00 acres

Request to amend a district with a pending easement

 

Mr. and Mrs. Bowles are the original owners of this district property.  They are also owners of another 65 acre property on which there is a pending easement offer.  According to the original deed provided to the Foundation, the property was described as 129 acres with one dwelling on the property.  There is currently a pending easement offer on this property for 128 acres.  This property was surveyed after district establishment and in anticipation of the easement offer.  The survey showed the total acreage on the property to be 139.21 acres.

 

Because the existing tax map of the property is incorrect, the appraisals of the property that were done by LouAnne Cline and James B. Hooper for the FY2001 offer cycle do not include a 10.95 acre parcel that is part of the farm.  The part of the farm including this parcel can be seen in the attached exhibits to be labeled "(P. 351)" clearly separate from the parcel labeled "P. 9" that is the subject property.  The specific parcel of concern in this request appears on the survey map as "Parcel A," with the remainder of the property shown as "Parcel B."  It appears on site to be separate from the rest of the farm because it is buffered from other fields by a stream and trees.

 

Mr. and Mrs. Bowles are requesting that this 10.95 acre Parcel A be excluded from the district by amendment and, thus, from the pending easement offer.  The stated purpose of this amendment is "for future financial security."  Further, because the value of this property was not considered in the appraisals and an acreage adjustment would not likely be approved if submitted at this time to the Board of Public Works (as noted in the letter from St. Mary's County Advisory Board), they feel that the best solution would be to exclude the acreage from the easement offer as a matter of fairness.  This would bring the verified acreage of the property to 128.96 acres (127.96 acres excluding the dwelling), consistent with the original district agreement and the assumptions made by both appraisers.  The St. Mary's County Agricultural Land Preservation Advisory Board has unanimously approved this request, as seen the included letter.  Donna Sasscer, Program Administrator for St. Mary's County, notes that, under current zoning regulations, this parcel could have two residences constructed on it.

 

As mentioned last month in the agenda memo on the Bryan property, the Foundation has directed staff not to accept requests that will alter district properties that have a pending easement offer.  However, the staff believes this request has sufficient merit for the Board of Trustees to consider it, particularly under the current change in policy by the Board of Public Works on consideration of requests for acreage adjustments.  The Foundation staff is submitting this request to the Board without a recommendation.

 

Mr. Conrad stated that the BPW stated that the acreage is verified to be greater than 2% when the final property description is obtained, they will not consider acreage adjustments.  They will no longer consider increasing the offer if there is an adjustment in the acreage as they have in the past.

 

Mr. Wilson asked if there is a way that prior to taking an easement to the BPW, is there a way to ensure that all adjustments are taken care of.

 

Mr. Tassone stated that the survey needs to be correct before it goes to the BPW.

 

Mr. Conrad explained how an easement is processed.

 

Donna Sasscer, St. Mary=s County Program Administrator, stated that the both the appraisers did not show the additional 10.95 acres that showed up in the survey. 

 

Mr. Wilson stated that in this case, the records given to the appraisers were in error.

 

Mr. Jones suggested that the Board table the discussion until more information can be obtained.

 

Mr. Conrad stated that what the Foundation has is the maps from the appraisers.

 

Dave Kelleher, Asst. Chief, Appraisal & Valuation, Department of General Services, stated this would probably require a new appraisal.

 

Motion #6:         To table the request of Leonard T. and Tina L. Bowles to amend a district with a pending easement pending a re-evaluation by the Department of General Services.

 

Motion:             Doug Wilson                              Second: Mildred Darcey

Status:              Approved

 

D.                  KENT COUNTY

 

1.         14-02-02-01       BRYANT, Robert                                         126.60 acres

Request for an agricultural subdivision of a pending easement property - Reconsideration

 

The Bryants are the original owners of this 126.6 acre district property.  At the November 26, 2002, Board meeting, the Bryants requested a property line adjustment to convey 2.133 acres to a neighbor.  After presentations by the Foundation staff and Mr. Bryant and discussion by Board members, Mr. Bryant withdrew his request with the understanding that, if the neighboring property sells or donates an easement with similar restrictions to MALPF=s, it may be possible with Board approval that this property could be transferred under the agricultural subdivision process to the neighboring property.  (See the attached Board minutes from November 26, 2002.)

 

Gregg and Christine Asplundh, owners of the adjacent 58.085 acre property to which this acreage would be transferred, have donated a perpetual conservation easement to be co-held by the Eastern Shore Land Conservancy and the Maryland Environmental Trust.  The property meets the minimum soils eligibility requirements for agricultural subdivision, if the four lots are considered as a single property.  The easement, included in the agenda material, has already gone to recordation.  This easement is as or more restrictive than a Foundation easement, limiting residential construction on the property to one primary residence and restricting commercial, industrial, and further residential development, while preserving agricultural activities.  As seen on the included map, this property is currently divided into four lots, though under single ownership.  A single easement covers the four lots and requires that the four lots remain in common ownership.  The specific language relevant to the division of this property states:

 

AThe division, partition or subdivision (ADivision@) of the Property into more than the four lots that constitute the Property, including the lease of any portion less than one-hundred percent (100%) thereof for a term in excess of twenty (20) years, is prohibited.  In addition, Lots 1-4 shown on Exhibit A shall remain in common ownership.  However, Grantees may approve the Division of the Property for reasons which Grantees determine, in their sole discretion, are sufficiently extraordinary to justify an exception to the prohibition.@  (See pages 3-4 of the attached easement.)

 

The Kent County Agricultural Land Preservation Advisory Board had voted to recommend approval of the earlier request for the property line adjustment and is expected to approve the current request.  The updated letter from the County=s Advisory Board and the agricultural subdivision application will be provided at the Board meeting.

 

The Bryant property currently has a pending easement application.  As mentioned in the earlier agenda memo, the Foundation has directed staff not to accept requests that will alter district properties that have a pending easement offer. 

 

Staff recommends the Board approve the request for an agricultural subdivision to transfer this property to the adjacent easement parcel because (1) it meets the agricultural subdivision requirements if the Asplundh property is treated as a single property rather than four separately deeded parcels, (2) the agricultural subdivision will clearly not affect the economic viability of the Bryant=s farming operation, and (3) the property will be under an easement at least as restrictive as MALPF=s B no additional residential rights will result.

 

The staff recommends approval with the following conditions:

 

(1)        The Asplundh property must meet the minimum acreage requirements of fifty acres to be eligible to incorporate these 2.133 acres from an agricultural subdivision.  The opinion of the Foundation=s counsel is that the Board has the discretion to accept the conveyance requirement of the MET/ESLC easement as sufficient to meet the minimum acreage requirement for agricultural subdivision without requiring that the Asplundhs incorporate the four parcels legally into a single parcel.

(2)        This agricultural subdivision will only take place at such time that there is no easement application or offer pending on the Bryant property.  In other words, the 2.133 acres will not be transferred from the Bryants to the Asplundhs until either an offer extended to the Bryants in the current round (FY 2003) goes to settlement (or is rejected), the application for easement is withdrawn, or it is clear that an offer will not be extended for the current round.

(3)        The 2.133 acre parcel will be incorporated into the adjacent 58.085 acre property.

(4)        If the 2.133 acre parcel is covered only by the district agreement when it is transferred, the Asplundhs will amend the ESLC-MET easement on the 58.085 parcel to include these 2.133 acres.

(5)        Any costs associated with this transaction will be assumed by the property owners.

 

Mr. Wilson asked if the parcels are all unable to be developed separately.

 

Mr. Conrad stated that they are treated as a single parcel and have to be conveyed under common ownership.

 

Motion #7:         To approve the request of Robert Bryant for an agricultural subdivision of a pending easement property with the conditions recommended by the Foundation staff.

 

Motion:             Doug Wilson                              Second: Judy Lynch

Abstain:            Allen Cohey

Status:              Approved

 

 

   IV.     PROGRAM POLICY/EASEMENT OFFERS

 

A.                  Certification of County Agricultural Land Preservation Program

Recertification Request - Talbot County

 

Iva Frantz, Foundation staff, stated that the staff=s review sheets included in the agenda packet summarize the county=s goals, attributes of the local program, qualifying expenditures, etc. which are provided to the Board members for review.  Approval is being requested to certify the operation of the local programs for another two (2) years.

 

Motion #8:         To approve the request of Talbot County to recertify the County Agricultural Land Preservation Program.

 

Motion:             Lewis Logan                              Second: Doug Wilson

Status:              Approved

 

B.         Lot policy B Proposed Policy on Multiple Owners/Multiple Properties

 

Mr. Conrad stated that this policy is parallel to the policy that is being proposed by the Task Force.  These polices will stand on their own.  He further stated that the way the eligibility was set is if there is a joint ownership with parents and children, the lot eligibility is determined by the parents who are considered the owners for purposes of determining how many children's lots are available.  The children who are co-owners of the property would not be eligible to get lots as children because they are still owners and you cannot be a child and an owner at the same time.  Any children that are not owners are eligible to receive a child=s lot up to as many as the property can support, up to one lot per twenty acres.

 

Mr. Nielsen stated that the lot rights need to be spelled out to the land owners prior to settlement.

 

Mr. Conrad stated that when a property is in a district the old rules stand, however, if an easement is sold then the rules change.

 

Mr. Tassone stated that the rules for lots are now being clarified.

 

Mr. Nielsen stated that the landowner and the Foundation are bound by their agreement; however, there is an interpretation that can cause controversy.  The Foundation has been trying to arrive at a policy for a fair and equitable distribution of lot rights.

 

Discussion followed.

 

Mr. Conrad suggested that there be a meeting with the Program Administrators to review the policy and make revisions.

 

Mr. Nielsen stated that if this is adopted, this will be the agreement that the landowner will have to sign.

 

Motion #9:         To approve the proposed Policy on Multiple Owners/Multiple Properties.

 

Motion:             Lewis Logan                              Second: Robert Wolf

Status:              Approved

 

Mr. Jones introduced Lewis R. Riley, Secretary of Agriculture.

 

Lewis R. Riley, Secretary of Agriculture, addressed the Board.  He stated that he was late due to a doctor=s appointment.  He stated that he was pleased to see that the Foundation is still successful in its operation and that one of his goals is to continue to preserve farmland.

 

 

    V.     INFORMATION AND DISCUSSION

 

A.                  Monthly Board meeting time change to accommodate Policy Review Committee

(Discussion)

 

Mr. Conrad asked that that Board consider and vote on the proposed time change for Board meetings from 9:00 a.m. to 9:30 a.m.  This time change will allow for the Policy Review Committee to meet between 8:30 a.m. and 9:30 a.m.

 

Motion #10:       To approve the proposed time change of Board of Trustees meeting from 9:00 a.m. to 9:30 a.m. to accommodate the Policy Review Committee meeting start time of 8:30 a.m.

 

Motion:             Lewis Logan                              Second: Robert Wolf

Status:              Approved

 

 

Motion #11:       There being no further business to discuss, the regular session meeting should be adjourned.

 

Motion:             Joseph Tassone                         Second:  Doug Wilson

Status:              Approved

 

 

The regular session Board meeting was adjourned at 11:45 a.m.

 

 

Respectfully Submitted:

 

 

_____________________

James A. Conrad

Executive Director

 

_____________________

Darlene Athey

Foundation Secretary

*Minutes corrected 2/25/03