MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION

MINUTES

April 22, 2003

TRUSTEES PRESENT:

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

Gerald Thorpe, representing Comptroller Schaefer

Lewis Logan, representing Treasurer Kopp

Maurice L. Wiles

Joseph K. Scott

Judith C. Lynch

Allen H. Cohey

Robert E. Wolf

TRUSTEES ABSENT:

Mildred H. Darcey

OTHERS PRESENT:

James A. Conrad, Executive Director

Craig Nielsen, Assistant Attorney General

Vera Mae Schultz, MALPF Task Force Member

Eric Balsley, Maryland Department of Planning

Carla Martin, Kent County Program Administrator

Tammy Buckle, Caroline County Program Administrator

Bill Powel, Carroll County Program Administrator

Bill Amoss, Harford County Program Administrator

Wally Lippincott, Baltimore County Program Administrator

Rob Hirsh, Baltimore County

Radhika Sakhamuri, Queen Anne’s County Program Administrator

Donna Sasscer, St. Mary’s Co. Program Administrator

Charles Rice, Charles County Program Administrator

Joy Levy, Howard Co. Program Administrator

Gail Webb Owings, Kent County, Dept. of Planning & Zoning

Ken Lentz, Baltimore County Landowner

Eric Seifarth, Washington County Program Administrator

Carl DiMatteo, Maryland Farm Bureau

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: March 25, 2003

Motion #1: To approve the minutes of March 25, 2003.

Mr. Gerald Thorpe had a correction in the minutes. Mr. James Conrad, Executive Director, made clarifications regarding Robert Dell property and Steven Whitty’s name.

Motion: Joseph Scott Second: Douglas Wilson

Status: Approved

B. ADDITION OR DELETION OF AGENDA ITEMS:

James Conrad, Executive Director, stated that the district amendment for Scott Sebring from Harford County is being withdrawn due to a pending easement application offer. Mr. Conrad wants to add to the Agenda the allocation of funds report. Mr. Conrad asked that, if any errors are detected, notify him. Also added are the request from Prince George’s County to participate in the FY 2003 Matching Funds Program and the alleged Mullinix Brothers Partnership easement violation on their property in Howard County (MALPF File #13-05-82-04Bc).

Motion #2: To approve Prince Georges County’s participation in the Fiscal Year 2003 matching funds.

Motion: Douglas Wilson Second: Allen Cohey

Status: Approved

Motion #3: To support Legal Counsel’s effort to enforce easement restrictions currently in violation on the Mullinix Brothers Partnership property in Howard County.

Motion: Joseph Tassone Second: Robert Wolf

Status: Approved

Mr. Conrad continued to present new business and presented a letter from Bill Powel, Program Administrator for Carroll County, regarding Fiscal Year 2004’s easement process. The Foundation will fund appraisals, appraisal reviews, title searches, settlement costs, and the State’s administrative expenses for applications processed by the Foundation during the FY 2004 easement offer cycle, whatever the source of easement funding. Discussion ensued.

II. AGRICULTURAL PRESERVATION DISTRICT PETITIONS

A. KENT COUNTY

1. 14-02-03-02 TRIANGLE FARM LIMITED PARTNERSHIP 100 acres

2. 14-03-03-01 NEWSOME, Frank S. & Roxanne D. 87 acres

Motion #4: To approve the request of Triangle Farm LLP and Frank and Roxanne Newsome to establish an agricultural land preservation district on their respective properties.

Motion: Robert Wolf Second: Joseph Tassone

Status: Approved

III. DISTRICT /EASEMENT AMENDMENTS

A CARROLL COUNTY

1. 06-02-00-09 STONESIFER, James A. & Betty E. 135 acres

Motion #5: To request to exclude a 1-acre child’s lot from easement property for their daughter, Karen, for her personal use.

Motion: Gerald Thorpe Second: Allen Cohey

Status: Approved

2. 06-08-97-08 FOGGY BOTTOM FARMS, INC 132.64 acres

Motion #6: To approve a request to amend a District Agreement.

Bill Powell, Program Administrator for Carroll County, presented this item to the Board. Foggy Bottom Farms, Inc. is the original owner of the district agreement. The current request is to amend the district agreement to include 8.049 acres which was originally withheld from the district and to remove 6.05 acres from the district.

The Carroll County Land Trust (CCLT) proposes to acquire a conservation easement on the district property, in partnership with the Commissioners of Carroll County, using Farmland Protection Program funding.

The 8.049 acres being proposed to be added to the district is made up of two separate portions of land, a 2-acre portion and a 6.049 acre portion. Two acres were originally withheld from the district to construct a dwelling as there were no pre-existing dwellings on the property. CCLT and Carroll County propose to allow a principal dwelling on the property, therefore eliminating the need to withhold acreage from the easement. Additionally, Carroll County, on behalf of the landowner, is proposing to add 6.049 acres of tillable land to the district that was originally withheld because it was an off-conveyance from the original property. The County is proposing to exchange the 6.049 tillable acres, which would be included in the district for a 6.05-acre portion which would be withheld from the district. The 6.05 acres would be conveyed off from the original parcel.

The 6.05 acre off-conveyance, which is located in woodland, would result in only two residential lots under Carroll County’s Zoning Ordinance. Carroll County’s Forest Conservation Ordinance will restrict the amount of land that can be cleared for a dwelling, and place a restrictive easement on some of the remaining forested land. A portion of the off-conveyance would also be used to satisfy Carroll County’s zoning requirement of a 30-foot road-frontage conveyance to the county.

According to Carroll County, the exchange of acreage would enhance the value of the easement for agricultural purposes and be more in accord with Carroll County’s Development Review guidelines and the intent of the Farmland Protection Program.

Foundation staff recommends approval based on the addition of almost two acres (1.99 acres) to the district and an increase in tillable land and the limited potential for development on the excluded acreage. There is precedence of Board approval of similar district amendments (Leager, February 29, 2003).

Motion: Douglas Wilson Second: Joseph Tassone

Status: Approved

B. BALTIMORE COUNTY

1. 03-06-80-04Ae ELLIGSON, William P. 100.00 acres

Motion #7: To approve a request to increase the size of a child’s lot to satisfy septic requirements.

Motion: Lewis Logan Second: Robert Wolf

Status: Approved

2. 03-07-88-03A LENTZ, Kenneth & Carol 79.92 acres

Motion #8: To approve the relocation of a lot surrounding a pre-existing dwelling and re-designation of the dwelling as an agricultural support building.

Wally Lippincott, Program Administrator for Baltimore County, presented this item. The current request is to relocate a 1-acre lot surrounding a pre-existing dwelling for the purpose of constructing a new home for Mr. and Mrs. Lentz and to allow the pre-existing dwelling to be re-designated as an agricultural support building. Mr. and Mrs. Lentz also request the withdrawal of a prior Board approval concerning this property.

Doug Wilson, representing Secretary Riley, reiterated Foundation policy which precludes subsequent owners from receiving building lot rights. What Mr. Lentz is proposing to do would eventually involve converting an existing owner’s dwelling into a tenant house and then building a new house to be used as the primary residence. MALPF’s current policy concerning pre-existing dwellings is to allow the relocation of a lot, subject to Board approval, provided the pre-existing dwelling is razed and the land on which it is located is returned to agriculture.

Craig Nielsen, Assistant Attorney General stated that in his opinion the Foundation does not have authority to approve a request to relocate a pre-existing dwelling and then change the status of the dwelling which may provide an opportunity for a subsequent owner to have a right to which he is not entitled.

Mr. Conrad also stated that the acreage of Mr. Lentz’s easement under current regulation would not be sufficient to grant a tenant house request.

Motion: Withdrawn

C. GARRETT COUNTY

1. 11-16-00-04 TICHNELL, Stephen L and Janet E. 150.00 acres

Motion #9: To approve a request to exchange 5 acres of district property for 10 acres of non-district property to accommodate the installation of wind turbines.

Foundation staff recommends approval based on the precedence of approval of the exchange of district acreage for non-district acreage (Leager, February 25, 2003). Further, staff recommends approval because five additional acres would be added to the district and the acreage to be taken out of the district is located along the perimeter of the property and therefore would have minimal impact on the operation of the farm. Additionally, the access road would be useful to the farming operation as it would provide better access for farm equipment to the agricultural fields. Finally, the wind turbines, once installed, will have minimal impact on the operation of the farm while providing supplemental income to the farmer.

Motion: Gerald Thorpe Second: Lewis Logan

Status: Approved

D. CECIL COUNTY

1. 07-01-01-20Ac SANDY BOTTOM PRESERVE PARCEL 2, LLC 65.20 acres

07-01-01-21Ac SANDY BOTTOM PRESERVE, LLC (Parcel 3) 81.80 acres

07-01-01-22Ac SANDY BOTTOM PRESERVE PARCEL 4, LLC 91.10 acres

The Eastern Shore Land Conservancy in partnership with three Amish families have agreed to the Maryland Environmental Trust (MET) having an overlay easement donated on these parcels that will further limit development on the land from what is allowed under a MALPF easement. The terms are:

1. The MET easement overlay permits a maximum of one dwelling per parcel. The permitted dwelling will be located within the one-acre area excluded from the MALPF easement.

2. The MET easement overlay is perpetual.

3. Division, partition, or subdivision is prohibited.

4. A 100’ vegetative buffer is required along the tributaries of Back Creek.

5. MET is responsible for monitoring its easement provisions.

6. This easement will go into place after the MALPF easement has been settled.

Of these three parcels, two parcels have mobile homes on the excluded acreage, and the third parcel has a permanent dwelling on the excluded acreage. When the permanent dwellings are completed, the mobile homes currently on the excluded acreage will be removed. A tax map is included to indicate the location of the excluded acreage on the parcels. The acreage has already been excluded from the districts.

All three of these parcels are pending settlement of their easement offers. A fourth parcel (Parcel 1) did not receive an offer for FY2002, but continues with a pending easement application for FY2003.

Foundation staff recommends approval based on the further limitation of potential development on these parcels which does not limit farming activities in a way inconsistent with best management practices.

Motion #10: To approve Maryland Environmental Trust overlay easements.

Motion: Robert Wolf Second: Gerald Thorpe

Status: Approved

E. ST. MARY’S COUNTY

1. 18-04-01-04 BOWLES, Leonard T. & Tina L. 129 acres

At the January 28, 2003, meeting of the MALPF Board of Trustees, the staff presented a request by Leonard and Tina Bowles of St. Mary’s County to amend their district agreement on property with a pending easement offer. The original offer on the property was made for 128 acres (129 acres minus 1 acre for an existing dwelling). A survey identified 139.21 acres on the property. The Bowles requested that a 10.95 acres parcel (Parcel A on the included map) be excluded from the district by amendment and, thus, from the pending easement offer, with the amount of the offer remaining the same based on a final acreage of 127.96 acres (128.96 acres minus 1 acre for the dwelling).

William Beach, the Chief of the Valuation and Appraisal Division, has concluded that, whether the appraised portion of the property is 128.0 acres out of 129.0 acres as originally appraised, or 127.26 acres out of 139.21 acres as now identified by survey and the Bowles requested amended district, the unit value of the property is the same as of the original date of value. This means that, under either scenario, the value of the property would be substantially the same (approximately $2,580 per acre).

Mr. Conrad stated that if this item could have been presented to the Board of Public Works, contingent upon their approval the Bowles easement offer would have increased by $26,340.00 due to the additional acreage. The current policy of the Foundation is to give landowners two choices: (1) they may accept the original offer despite the greater acreage, or (2) they may reject the original offer and re-enter the program with the increased acreage at the next easement cycle.

After discussions among the Foundation staff, legal counsel, and others, the staff feels that amending the district to exclude acreage to adjust the acreage amount on a pending easement property is a bad precedent and recommends against approval of this request.

Motion #11: For Leonard and Tina Bowles to accept the pending easement offer with no changes, or reject it. The original request was to reconsider an amendment to a district with a pending easement offer that was denied.

Motion: Joseph Tassone Second: Judith Lynch

Status: Approved

IV. PROGRAM POLICY

A. CARROLL COUNTY CO-HELD EASEMENTS

Carroll County is requesting that the Foundation’s Board of Trustees approve the holding of 100% county-funded easements in the same manner that Rural Legacy easements are co-held.

Motion #12: To approve a request to co-hold 100% County-funded easements with Carroll County.

Motion: Douglas Wilson Second: Joseph Scott

Status: Approved

B. REVISED EASEMENT DOCUMENT

Jim Conrad presented to the Board a sample Deed of Easement to use for the FY2003 cycle. Mr. Conrad noted the changes and indicated that while some of the content has been revised the overall substance remains the same. Federal Farmland Preservation Program (FPP) language will be included in the easement. The final draft of the major revision of the easement is still being completed incorporating Board policy clarification and legislative changes from the just completed legislative session. This major revision will be completed and presented to the Board for approval during the summer to be adopted for offers made after October 1, 2003.

Motion #13: To approve the interim easement document for the Fiscal Year 2003 offers.

Motion: Lewis Logan Second: Robert Wolf

Status: Approved

Opposed: Joe Tassone

V. INFORMATION AND DISCUSSION

Motion #14: There being no further business to discuss, the regular session meeting should be adjourned.

Motion: Douglas Wilson Second: Lewis Logan

Status: Approved

The regular session Board meeting was adjourned at 11:30 a.m.

Respectfully Submitted:

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James A. Conrad

Executive Director

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Jeanine Nutter

Fiscal Clerk