MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION

MINUTES

 

February 27, 2007

 

 

TRUSTEES PRESENT:

Daniel Colhoun, Chairman

Vera Mae Schultz, Vice Chairman

Howard S. Freedlander, representing Treasurer Nancy Kopp

Jerry Klasmeier, representing Comptroller Peter Franchot

Robert F. Stahl, Jr.

Joe Tassone, representing Secretary Richard E. Hall, Department of Planning

Christopher H. Wilson

Doug Wilson, representing Secretary Roger L. Richardson, Department of Agriculture

 

TRUSTEES ABSENT:

Pat Langenfelder

Judith C. Lynch

Dr. James Pelura

Shirley W. Pilchard

 

OTHERS PRESENT:

Bill Amoss, Harford County, Program Administrator

John Boniface, Landowner, Harford County

Tammy Buckle, Caroline County, Program Administrator

Pam Bush, Department of Natural Resources, senior Policy Analyst

Kacey Carter, Maryland Department of Planning, Planner

Bill Clark, District Manager, Calvert Soil Conservation District

James A. Conrad, MALPF Executive Director

Carol Council, MALPF Administrator

William Doane, Jr., Harford County, Program Assistant

Franklin Dill, Landowner, Kent County

Rama Dilip, MALPF Secretary

Nancy Forrester, Assistant Attorney General, Department of General Services

Sibbald C. Hereth, Landowner, Howard County

Joy Levy, Howard County, Program Administrator

Wally Lippincott, Baltimore County, Program Administrator

Ed Lippy, Landowner, Baltimore County

Carla Martin, Kent County, Program Administrator

Ellen S. Miller, Landowner, Howard County

Lynn Miller, Anne Arundel County, Long Range Planning Administrator

Wayne L. Morris, Director, Kent County Department of Water and Wastewater Services

Craig Nielsen, Assistant Attorney General, Department of Agriculture

Barbara Polito, Anne Arundel County, Program Administrator

Royden Powell, Maryland Department of Agriculture, Resource Conservation

Mr. & Mrs. Richard Price, Landowners, Baltimore County

Charles Rice, Charles County, Program Administrator

Daniel Rosen, Planner, Maryland Department of Planning

Donna Sasscer, St. Mary's County, Program Administrator

Eric Shertz, Cecil County, Program Administrator

Martin Sokolich, Talbot County, Program Administrator

Donna K. Landis-Smith, Queen Anne's County, Program Administrator

Gloria Smith, Wicomico County, Program Administrator

Brian Tyson, Landowner, Harford County

Jenny Plummer-Welker, Calvert County, Program Administrator

Elizabeth Weaver, MALPF Administrator

Susan Wilson, Landowner, Frederick County

 

 

Daniel Colhoun, Chairman, called the meeting to order at approximately 9:05 a.m., at the Maryland Department of Agriculture building, Annapolis, Maryland.

 

The Chair asked the guests to introduce themselves.

 

 

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

 

A.                  APPROVAL OF MINUTES OF THE REGULAR MEETINGS

 

Motion #1:         To approve the minutes of January 23, 2007, with amendments.

 

Motion:             Robert Stahl                              Second:  Chris Wilson

Status:              Approved

 

Jerry Klasmeier, representing Comptroller Peter Franchot, commented that the preparation of minutes is a hard task and Ms. Rama Dilip, Foundation Secretary, does a remarkable job.

 

B.         ADDITIONS OR DELETIONS OF AGENDA ITEMS:

 

II.F.1                 Garrett County                                                   Withdrawn

11-91-02                       Wilhelm, Gilbert, Sr., & Mary A.

 

Baltimore County                                               Added

03-81-07            Armacost, Wayne L. & Page

                        (Hickory Hill Farms, Inc.)

Request for the exclusion of a child's lot on easement property.

 

Baltimore County                                               Added

Baltimore County Rankings for FY 2007 Easement Acquisition Cycle Applicants

 

James Conrad, Executive Director of the Foundation, announced the resignation of a Board member, Shirley Pilchard.  The Foundation will be discussing the potential successors and soliciting names from Board members and Program Administrators.

 

Mr. Conrad gave a brief summary of the various bills considered by the General Assembly in the current legislative session.

 

1.                   SB 499Environment Water Appropriation Permits Groundwater Recharge Area

 

This bill alters requirements for obtaining a permit for the appropriation and use of State groundwater requiring the Department of the Environment to include specified lands, such as preserved farmland, as lands considered to be under the control of a municipal corporation for purposes of the calculation of a groundwater recharge area for a water appropriation permit.

 

The bill is very important and is directly applicable to MALPF's policy discussions on water recharge easements.  This piece of legislation will remove any power the MALPF Board has to control water recharge on preserved property.  Such recharge will be automatically included in the calculation of municipal water (their rights to withdraw water from the water table).  The Foundation has submitted testimony opposing the bill.  The bill is being proposed by Maryland Municipal League and others.  It is an important issue and needs to be addressed; however, this bill takes water from program participants without compensation.  The Department of Environment took the lead in testifying against this bill.

 

2.                   HB 974 – Agricultural Land Preservation – Easements – Future Dwelling House

This bill authorizes a landowner that owns a property on which there is no existing dwelling house to reserve the right to construct a future dwelling house that carries with the land.

This bill came from Carroll County to address the objective to insure non sub-dividable houses on preserved farms that have no houses on them.  More specifically, Carroll County is concerned that relocating a lot created by withholding acreage can cost an additional survey of a couple of thousand dollars.  Mr. Conrad discussed the bill with Nancy Forrester, Assistant Attorney General, Department of General Services, and believes that the Foundation can already do this within the existing administrative process.  This has been discussed at length by the Task Force a few years ago.  Mr. Conrad believed if the County wants to make the change, it should be done administratively without having to change the entire State program.

 

3.         HB 1041 – Maryland Agricultural Land Preservation Fund – Grants to Counties

 

This bill would authorize the Maryland Agricultural Land Preservation Foundation to make grants to counties from the Maryland Agricultural Land Preservation Fund for the IPA grant program and to repay bonds taken out to purchase MALPF easements.

 

4.         HB 319 - Maryland Agricultural Land Preservation Foundation – Allegany County and Garrett County – Coal Rights

 

This bill would allow the MALPF Board of Trustees to accept easements on properties in Allegany and Garrett Counties with unsubordinated coal rights if the Board judges there to be a low risk or no risk of damage to the farm operation.

 

Mr. Conrad believed that this could be useful under certain circumstances, but overall it might not be a good idea.

 

 

       II.  DISTRICT /EASEMENT AMENDMENTS

 

A.         BALTIMORE COUNTY

 

1.         03-82-07A         Price, Richard F.                                       311.339 acres

Request for an agricultural subdivision of easement property

 

Mr. Price is the original grantor of the easement.  The current request is for an agricultural subdivision of the farm.

 

According to Baltimore County, the landowner proposes to subdivide a 196.88-acre parcel which he intends to sell at some point in the future.  Mr. Price will retain the remaining 114.46-acre parcel.  Mr. Price's nephew owns a house on an adjacent 5-acre parcel which was the original homestead.  The 5-acre parcel is separately deeded and is not under easement.  Mr. Price proposes to add the 196.88-acre parcel to the 5-acre parcel.

 

Mr. Price, who is 76, has no children who want to continue farming and recognizes that he will not be able to farm indefinitely.  The farm operation is predominantly corn and soybean.  Reducing the size of the farm to 114+/- acres creates a more manageable size farm.  Mr. Price's nephew is in the process of selling the home located on the 5-acre parcel.  Mr. Price and his nephew believe it would be difficult to find a buyer for the 5-acre parcel because it is located in close proximity to the farm buildings of the main farm property.  They believe that combining the former homestead with the 196+/- acre parcel would create a viable farming operation with a home and, therefore, better attract buyers for the property.

 

The 196.88-acre parcel is comprised of 133 acres of cropland, 32 acres of pasture, 30 acres of woodland, and two acres devoted to supporting wildlife.  The 114-acre parcel is comprised of 88 acres of cropland and 26 acres of woodland.

 

Both parcels would continue to meet minimum qualifying soils criteria.  The portion proposed to be subdivided contains 92% qualifying soils.  The remaining parcel contains 77% qualifying soils.  An owner's lot was approved on the 114-acre parcel.  A child's lot approved for Mr. Price's daughter, Jocelyn, located on the 196-acre parcel, and upon which a dwelling has not been constructed, will be relinquished.

 

According to Baltimore County, the proposed subdivision would approximately follow contour lines of the property.  No new parcels would be created through the proposed subdivision.  The 196-acre parcel is comprised of three separately deeded parcels.  The 114-acre parcel also is a separately deeded parcel.  The Baltimore County advisory board visited the site and interviewed the landowner.  The board voted to recommend approval of the request.  The request conforms to local zoning regulations.

 

Foundation staff recommends approval based on meeting minimum size and soils criteria, and both resulting parcels have the ability to support viable agricultural operations.

 

Mr. and Mrs. Price and Wally Lippincott, Program Administrator, were available at the meeting.

 

Mr. Price stated that, as part of the settlement of his father's estate, his nephew acquired the family house which is located on a separate parcel.

 

Mr. Price did not have a house on the original 312 acres.  Mr. and Mrs. Price needed a home, and the MALPF Board approved the home on the 114 acres.  In 1983, Mr. Price's nephew moved into the house.  The nephew's children have moved out after their graduation, and so he has moved into a smaller house and put up the property for sale.

 

Mr. Price believed that, with the farm buildings right at the backyard, the house should remain part of the MALPF program.  Mr. Price believed it will be a good opportunity to add parcels 332 and 333 to his original 167.03-acre parcel bought from his father.  All the three parcels encompass the 196 acres.  The barns are located at less than 100 feet from the house.  Mr. Price believed that someone interested in buying the property would also be interested in having the farming operation.  The 5-acre parcel is parcel 330 on the map.

 

Mr. Doug Wilson, representing Secretary Roger L. Richardson, Department of Agriculture, wanted to confirm that the current request is a simple subdivision of the two properties and has nothing to do with the house and the 5-acre parcel.

 

Mr. Lippincott confirmed this.  The 114 acres stay with Mr. Price.  The 196.88 acres and the owner's house are available to someone who may be interested in putting the farm together.

 

Mr. Doug Wilson commented that that is a different transaction, and currently there is no way to subdivide just the house itself from the 5 acres.

 

Mr. Price agreed and stated that he is not collecting any new lots and they are already separately deeded.  Mr. Price's father had done deeds with the gas lines.

 

Mr. Conrad wanted to know about the tiny lots located between the driveways below the 114 acre parcel.  They seem to be cut off from the remaining parcels.

 

Mr. Price stated that they were the five houses that were left by his father for his grandchildren, and they are not under easement.

 

Mr. Tassone, representing Secretary Richard E. Hall, Department of Planning, wanted to know if Mr. Price was subsequently planning to add the 5-acre parcel to the 196-acre parcel.

 

Mr. Price stated that the house is up for sale for a million dollars.  Someone who is interested in buying the house for million dollars would probably also be interested in having the farm operation with it.  Mr. Price stated that he did have someone interested, but because he could not say that the easement acreage can be subdivided, the deal did not through. That's the reason Mr. Price is requesting MALPF Board to have the option to subdivide this acreage.  He hopes not to sell it separately, but, if the opportunity comes, he would like to sell it to the individual buying the house.  Earlier he could not do so.

 

            Motion #2:         To approve the request of Mr. Richard F. Price for an agricultural subdivision of easement property.

 

Motion:             Robert Stahl                              Second:  Howard Freedlander

Status:              Approved

 

2.         03-98-05C         Lippy, Thomas E., Sr. (Lippy Bros. Inc)         102.00 acres

Request to re-assign a child's lot (to Thomas)

 

Lippy Bros., Inc., is the original grantor of the easement.  The current request is to re-assign a previously approved child's lot.

 

On January 24, 2006, the Foundation approved a child's lot on this property for the personal use of Mary Margaret Galletti, daughter of Thomas E. Lippy.  The lot is located in a wooded area of the farm.  Due to concerns about Lyme disease, Ms. Galletti decided that she would prefer to live in an area that is not wooded.  Mr. Lippy is requesting the lot previously approved for Margaret be re-assigned to his son, Thomas E. Lippy, Jr.  Another lot for Ms. Galletti is being requested on a different property (see Agenda Item II.A.3).

 

According to Baltimore County, the proposed lot is to be located 520 feet from the road.  The proposed lot will be located in a wooded area of the farm, close to a stream area that is under CREP.  The farm's grain operation will not be impacted by the lot.  The access will be in-fee.  The lot location was chosen because, according to the landowner, a location along the road would disturb cropland, and additional entrances on the highway are not encouraged by the County.

 

The request was approved by the local advisory board.  The request conforms to local zoning regulations.  If approved, there will be a required payback of $4,800.00 per acre to the Foundation.

 

Staff recommends approval of the re-assignment of the lot to Thomas E. Lippy, Jr., and the release of one acre plus such minimum additional acreage if required by the County Health Department, not to exceed 2 acres total based on the provisions of the deed of easement and in accordance with Agricultural Article, Section 2-513(b), Annotated Code of Maryland, which grants an allowance of a maximum lot size of up to 2 acres if required by regulations adopted by the Department of the Environment or the county.

 

Foundation staff has communicated to Baltimore County staff that the Foundation's Board of Trustees may have a concern about the location of the lot, even though it was already approved.  The location of the lot does not conform to the Foundation's recently adopted lot location guidelines because it is not located along the road nor is it clustered with existing lots.  The guidelines were adopted by the Foundation since the original approval of the lot.  Foundation staff has asked Baltimore County staff to inquire whether the landowner would consider making the lot non-sub-dividable.

 

Mr. Lippy and Mr. Lippincott were available at the meeting to answer questions from the Board.

 

Mr. Lippincott stated that the request was already approved and the Board did not change its recommendations.  The request is for a reclassification of the lot.

 

Mr. Lippy stated that in March 2006 he got bit by a tick and fell sick.  He was treated with a double dose of antibiotics for Lyme disease.  His daughter, Ms. Galletti, has a four year old son and was concerned about his welfare.  Mr. Lippy's son was interested in using the lot, and Mr. Lippy was requesting that the lot be redesignated for his son, Thomas E. Lippy, Jr.

 

Motion #3:         To approve the request of Thomas E. Lippy, Sr., to re-assign a child's lot from Mary Margaret Galletti to Thomas E. Lippy, Jr.

 

Motion:             Doug Wilson                              Second:  Chris Wilson

Status:              Approved

 

3.         03-98-06C         Lippy, Thomas E., Sr. (Lippy Bros. Inc.)               128.00 acres

Request for the exclusion of up to 2 acres for a child's lot on easement property

 

Lippy Bros., Inc., is the original grantor of the easement.  The current request is for the release of up to two acres for a child's lot for the personal use of Mary Margaret Galletti, daughter of Thomas E. Lippy, Sr.

 

Thomas E. Lippy was a member of the family-owned corporation when the easement was acquired.  Mr. Lippy continues to be one of the members of the corporation and therefore retains the right to request a child's lot.  There are no other dwellings on the property.  A lot was approved for Ms. Galletti on another property, but that lot is being re-assigned to Ms. Galletti's brother (Agenda Item II.A.2).  Three additional lots were approved for the children of members of the Lippy Bros., Inc., on other properties in Baltimore County and Carroll County.  Lippy Bros., Inc., owns several MALPF district and easement properties in both Carroll and Baltimore counties, totaling 2,042 acres.

 

According to Baltimore County, the proposed lot will be located in a non-farmable, hilly area of the property.  Access will be from an existing farm lane.  The location does not conform to the Foundation's lot location guidelines because it is not located along the road.  However, the owners have agreed to make the lot non-sub-dividable from the farm.  Mr. Lippy intends to convey the farm to his daughter, and the house on the child's lot will be the farm's principal residence.

 

The request was approved by the local advisory board.  The request conforms to local zoning regulations.  If approved, there will be a required payback of $3,048.00 per acre to the Foundation.

 

Staff recommends approval of the release of one acre plus such minimum additional acreage if required by the County Health Department, not to exceed 2 acres total based on the provisions of the deed of easement and in accordance with Agricultural Article, Section 2-513(b), Annotated Code of Maryland, which grants an allowance of a maximum lot size of up to 2 acres if required by regulations adopted by the Department of the Environment or the county.  While the location of the lot does not conform to the Foundation's lot location guidelines, the landowner has agreed to make the lot non-sub-dividable from the farm.

 

Mr. Lippy and Mr. Lippincott were available at the meeting to answer questions from the Board.

 

Mr. Lippincott stated that Board members may wonder why the proposed lot is located in the middle of the field.  A ledge is located on the property, and Mr. Lippy is planning the house to be on the other side of the ledge.  The local advisory board insisted that the request for a lot should only be approved provided Mr. Lippy considers not subdividing the lot.  There is no other house on the farm.

 

Mr. Lippy stated that he is agreeable to the restriction.  Mr. Lippy further added that the Baltimore County allows for a waiver of a fee simple access and can use a right-of-way for an existing road.  If the County does not approve it, it will be a fee simple panhandle.  But, if the County does approve it, it will be a right- of-way.

 

Motion #4:         To approve the request of Thomas E. Lippy for the exclusion of up to 2 acres for a child's lot on easement property with a condition that the lot will not be subdivided from the farm.

 

Motion:             Robert Stahl                              Second:  Chris Wilson

Status:              Approved

 

Mr. Colhoun highlighted the fact that the request had come up after the introduction of MALPF guidelines on lot location policy.  Mr. Colhoun commented that it is significant that the landowner considered the guidelines and has expressed his willingness to have the condition run with the land.  Mr. Colhoun believed it to be a progressive achievement, not only for landowners and Baltimore County, but also for the MALPF Board.

 

B.         HARFORD COUNTY

 

1.         12-86-02            Tyson, Celia M.                                                 112.00 acres

Request for a tenant house on district property

 

Ms. Tyson is the original owner of the district property.  The current request is for a tenant house for the use of her son who is fully engaged in the operation of the farm.

 

Ms. Tyson's son, Brian Tyson, runs the hay, wheat, beans, rye straw, and vegetable operation.  Mr. Tyson is engaged in the harvesting and marketing of the crops and upkeep of the farm equipment.

 

Mr. Tyson is not applying for a child's lot because he expects to occupy eventually the main dwelling on the farm.

 

According to Harford County, the proposed tenant house is to be located in a wooded area of the farm.  The access road will require clearing of woodland.  According to Mr. Tyson, the trees are not desirable, composed of predominantly old cherry trees.  The location was chosen because the Tysons did not want to impact any farmland and wanted to preserve their privacy.  Once Brian Tyson occupies the main dwelling, he intends to employ a farm worker who would occupy the tenant dwelling.

 

The request was approved by the local advisory board and conforms to local zoning regulations.

 

Staff recommends approval based on the provisions of the deed of easement and in accordance with Agricultural Article, Section 2-513(b)(4), Annotated Code of Maryland, which grants an allowance of one tenant house per 100 acres for use of a tenant fully engaged in the operation of the farm.  However, Foundation staff communicated to Harford County staff that the clearing of the woodland to create an access may be a concern to Board members.  Foundation staff recommended running the access along the edge of the woodland, with a short cut-in at the end.

 

Brian Tyson and Bill Amoss, Program Administrator, were available at the meeting to answer questions from the Board.

 

Mr. Amoss stated that it is a district property.  Mr. Brian Tyson works on this farm as well as an adjoining larger operation and shares farm equipment.

 

Mr. Tassone asked if Mr. Tyson had considered Foundation staff's request concerning running the access along the edge of the woodland, with a short cut-in at the end.  Mr. Tyson stated that he did consider the option.  He has already been approved by the county to run the access road and may start working on it very soon.  It is going to come off from the road.  The corner of the field is surrounded by the woods, and the crops do not grow very well.  There is an old pipeline that came from Texas in early 1900s along this proposed access.

 

Mr. Conrad wanted to know about the size of the house.  Mr. Tyson stated the size to be 31' by 62' and is one storey.

 

Mr. Doug Wilson wanted the landowner to be aware that tenant houses cannot be subdivided from the farm property.

 

Mr. Tyson stated that he was not aware of the requirement.  He has a brother and did not know how things would work out after his mother's death, but he did understand that he cannot subdivide the tenant house.

 

Mr. Doug Wilson encouraged Mr. Tyson to talk to Mr. Amoss about the other options Mr. Tyson can use to address any family issues about living on the property.

 

Craig Nielsen, Assistant Attorney General, Department of Agriculture, commented that a tenant house can never be occupied by anybody other than a tenant who is fully engaged in the operations of the farm.

 

Motion #5:         To approve the request of Celia M. Tyson for a tenant house on district property.

 

Motion:             Doug Wilson                              Second:  Howard Freedlander

Status:              Approved

 

2.         12-04-01            Archer, Winfield T. and Alice A.                           55.63 acres

Request for a tenant house on district property

 

Mr. and Mrs. Archer are the original owners of the district property.  The current request is for a tenant house for the use of their son who is engaged in the operation of the farm.

 

The Archers have a 38-head beef cattle operation and a vegetable operation.  Additionally, they own a 30-acre crop operation.  Richard Archer, son of Mr. and Mrs. Archer, is engaged in the feeding of the cattle, the vegetable operation, and the crop operation.

 

Mr. Archer is not applying for a child's lot because he expects to inherit the farm and eventually occupy the main dwelling.  Once he occupies the main house, he expects to hire a farm hand who will live in the tenant house.

 

According to Harford County, the proposed tenant house is to be located in the area of the farmstead, adjacent to a garden and a pool.  The tenant house will be accessed through an existing driveway.

 

The request was approved by the local advisory board and conforms to local zoning regulations.

 

Staff recommends approval in accordance with Agricultural Article, Section 2-513(b)(4), Annotated Code of Maryland, which provides for an exception to the one tenant house per 100 acres restriction at the discretion of the Foundation's Board of Trustees when a landowner can demonstrate a compelling need.

 

Mr. Conrad stated that the property has an easement pending settlement.  When the easement settles, the landowners have chosen an unrestricted lot as their option.  Nancy Forrester, Assistant Attorney General, Department of General Services, added that the landowners cannot apply for a child's lot because they have already chosen an unrestricted lot.

 

Bill Amoss, Program Administrator, was available to answer questions from the Board.  Mr. Amoss informed the Board members that Mr. Archer could not attend the meeting due to health issues.

 

Mr. Amoss stated that the property is still a district property, but has a pending easement.  The landowners' operations have expanded in terms of income.  The property backs up to Harford Planning Environmental Center and has 20 farms behind it that are under conservation easement.

 

In the future, Mr. Archer would like to move into value-added products and sell more direct to consumers.  Even though the parcel is small in size compared to some of the larger parcels in the County, it has lot of potential, and the County would like to encourage the landowners in their enterprise.

 

Ms. Forrester stated that the site plan seems to propose a house larger than 2,000 sq. feet.  The easement requires the house to be less than 2,000 sq. feet.  This restriction is mentioned in the easement attached to the contract.

 

Mr. Amoss was not sure of the size.

 

Motion #6:         To approve the request of Alice A. and Winfield T. Archer for a tenant house on district property with the condition that the tenant house does not exceed MALPF's size allowances.

 

Motion:             Doug Wilson                              Second:  Jerry Klasmeier

Status:              Approved

 

Mr. Tassone wanted to know if there is a compelling need for the landowners to have a tenant house.

 

Mr. Amoss stated that the landowner has opportunities to increase the scale of his operations.  Mr. Archer has had health issues. However, he is much better.  Also, Mr. Archer is getting ready to settle on an easement with MALPF and wants to be sure he can have a tenant house once under easement.

 

3.         12-86-06            Bonita Farm Partnership                              387.00 acres

Request for approval to construct and operate a winery on easement property

 

Bonita Farm Partnership is the original grantor of the easement.  The current request is for approval to construct and operate a winery on easement property.

 

Bonita Farm is a thoroughbred horse operation.  According to J. William Boniface, general partner, the partnership is in the planning stages of planting vines and eventually opening a winery on the farm.  However, MALPF's current regulations do not permit wineries on district or easement properties.

 

Because the installation of the infrastructure for the winery and the planting of the vines constitute a significant financial investment, Mr. Boniface is seeking the Foundation's approval prior to commitment of the capital investment.  Mr. Boniface is proposing to erect a steel structure approximately 150' X 50' that would be used to house the wine as it ages.  A small area in the corner of the building would be used for retail sales and a tasting room.

 

MALPF staff informed Harford County staff that the Foundation has formed a winery committee to review MALPF's policy on wineries.  The committee has not yet formulated a policy, but it is anticipated to do so in the near future.  However, Harford County staff stated that the Mr. Boniface requested that the Foundation's Board of Trustees hear the request as soon as possible.

 

The proposed operation would be located in an unused area adjacent to pastureland.  The structure would be accessed by an existing driveway.

 

Staff recommends that the Foundation's Board of Trustees refer the request to the standing winery committee.

 

John Boniface and Mr. Amoss were available at the meeting to answer questions from the Board.  Bonita Farm Partnership and many other horse industry leaders are looking to diversify their operations.

 

Mr. Boniface introduced himself as a horse breeder and a trainer.  He and his three sons own the farm operation.  They were one of the first ones in the county to enter the MALPF easement program (for $400 per acre).  The Boniface Farm has around 400 acres and is planning different ways to stay in farming and still stay in horse business.  Mr. Boniface stated that he does not know much about wineries and started researching the subject about a year ago.  He spoke to most of the Maryland winery owners and did lot of investigation.  Mr. Boniface is convinced that a winery is a long term investment, just like breeding horses, and the end result is in the bottle.

 

Mr. Boniface wanted some directions from the Foundation on how to expand his business and at the same time continue to stay in land preservation.

 

Mr. Conrad stated that he would like to give an overview of the current MALPF policy on winery operation and the limits of that policy.  Mr. Conrad would like Mr. Boniface to respond how he perceives the investment is likely to develop or be limited in the future in the light of this current policy.

 

Mr. Conrad did not believe there is any issue, and Mr. Boniface could plan to have the entire property to grow grapes.  If Mr. Boniface is building a winery and is processing grapes that are grown on his property, there is no problem.  It is an acceptable activity.  If, as a part of the winery operation, Mr. Boniface is purchasing grapes from a property that he does not control, through ownership, lease, or contract, it could pose an issue.  If Mr. Boniface is selling glasses, cork pulls, and other wine related material in a retail operation, it could pose an issue.  Many wineries also host events, encouraging people to come on the property who may also be interested in purchasing wines.  This is an issue area that the Foundation has not resolved.  Mr. Conrad wanted Mr. Boniface to let the Board know what areas his concept fits with the current policy of the Foundation and the areas it does not.

 

Mr. Boniface stated that currently there are 25 wineries in Maryland, and he did not believe that every single one of them solely makes wines from their own grapes.  Every year grapes are purchased from California, New York, etc.  Mr. Boniface's original plan is to plant three types of grapes on a one to three quarter acre, and he wants to expand over time to a 20-acre area.  He could purchase grapes from other places, but depends on the approval of the Foundation.  Mr. Boniface's research indicates that tasting is an intricate part of marketing the product and he would like to explore that aspect of the business.  Mr. Boniface stated that the Farm is ready to plant and has staked out the area and established the nutrient requirements.

 

Mr. Colhoun thanked Mr. Boniface for sharing his plan.  Mr. Colhoun commented that MALPF Board is trying to have a policy committee resolve grey areas of winery operations.  Currently the policy will not give a blanket approval to the development of all areas of the plan.  The study committee may recommend allowing some areas of the plan not now allowed.  He wanted to know if it will help Mr. Boniface to progress with and establish the winery knowing that the MALPF Committee is going to look into the issue in great detail.  Mr. Colhoun wanted to encourage the wine industry and still stay within the bounds of MALPF.

 

Mr. Boniface appreciated Mr. Colhoun's comments and stated that he would like to proceed. He hoped the MALPF Board would approve full scale winery operations in the future.

 

Mr. Doug Wilson commented that the wine group has to make room for wineries on MALPF properties.  When the original statutes were structured, wineries were never envisioned.  Mr. Doug Wilson believed, going by what is happening in Maryland, there definitely has to be some accommodation for the winery industry.  The Winery Committee may have to study various options, including legislation, if needed.

 

Mr. Conrad stated that the Winery Committee comprises of people from wine industry, such as Mr. Colhoun's son-in-law, Rob Deford, who is in the winery business.  Mr. Kevin Atticks, Head of Winery Associations, is a member of the Winery Committee.  Mr. Conrad too has some experience with winery operations in California.  The Winery Committee has understanding of the issues involved and will be working on them.  Without a systematic review, Mr. Conrad stated, it is very difficult to give blanket approval.  However, given the fact that a winery is a long-term investment made over a period of time, by the time Mr. Boniface proceeds with his plan, the Winery Committee should be ready with its report.

 

Mr. Tassone believed MALPF made provisions that people who produced wines from their grapes often need supplemental grapes from other properties.  Mr. Conrad stated that that such a provision might pre-date his joining the Foundation.  He does not remember having this provision, but it has been a fundamental point of discussion in the Winery Committee meetings.

 

Mr. Tassone recollected the Foundation coming up with a provision that it has to be a minority of the production, and what is produced on the farm has to represent a majority.

 

Mr. Colhoun encouraged the Winery Committee to study all the questions and come up with a recommendation for the Board to adopt.

 

C.         QUEEN ANNE'S COUNTY

 

1.         17-01-07            Dulin, John R. and Betty L.                         145.825 acres

Request for a tenant house on easement property

 

Mr. and Mrs. Dulin are the original grantors of the easement.  The current request is for a tenant house for the use of a tenant, Jeff Wheaton, who is fully engaged in the operation of the farm.

 

On March 28, 2006, the Foundation approved an acreage exchange on this property.  The exchange is expected to be executed in the near future.

 

Mr. and Mrs. Dulin are the owners of a poultry and grain operation.  They farm approximately 2,000 acres.  Three poultry houses are located on this easement property, housing approximately 75,000 birds.  Mr. Wheaton will be fully engaged in the poultry operation.

 

According to Queen Anne's County, the proposed tenant house is to be located in an area currently in crops, along the wood line.  Access will be through an existing lane, which runs along the wood line.

 

The request was approved by the local advisory board and conforms to local zoning regulations.

 

Staff recommends approval based on the provisions of the deed of easement and in accordance with Agricultural Article, Section 2-513(b)(4), Annotated Code of Maryland, which grants an allowance of one tenant house per 100 acres for use of a tenant fully engaged in the operation of the farm.

 

Donna Landis-Smith, Program Administrator, was available to answer questions from the Board.  Ms. Smith stated that there is no existing home on this parcel.  Mr. and Mrs. Dulin own an adjacent tract of 164 acres.

 

Motion #7:         To approve the request of John R. and Betty L. Dulin for a tenant house on easement property.

 

Motion:             Doug Wilson                              Second:  Robert Stahl

Status:              Approved

 

D.         CAROLINE COUNTY

 

1.         05-92-01A         Campbell, Charles C. and Patricia A.          202.366 acres

Request for approval of an owner's lot on easement property

 

Mr. and Mrs. Campbell are the original grantors of the easement.  The current request is for approval of an owner's lot of up to two acres for their personal use.

 

There are no pre-existing dwellings on the property.  The Foundation approved a partial termination (7.803 acres) when the property was in district status for the construction of a dwelling for Thomas Campbell, son of Mr. and Mrs. Campbell.

 

According to Caroline County, the proposed lot is located in cropland, in a corner of a field along the road.  The location was chosen to accommodate the farm's pivot irrigation system.  The lot will have direct access to the road.  Under the County's subdivision regulations, the house may not be subdivided from the farm.  (This is a TDR sending area.  All subdivision rights have been exhausted.)

 

The request was approved by the local advisory board and conforms to local zoning regulations.  If the lot is approved, there will be a required payback of $600.00 per acre to the Foundation.

 

Staff recommends approval of the release of one acre plus such minimum additional acreage if required by the County Health Department, not to exceed 2 acres total based on the provisions of the deed of easement and in accordance with Agricultural Article, Section 2-513(b), Annotated Code of Maryland, which grants an allowance of a maximum lot size of up to 2 acres if required by regulations adopted by the Department of the Environment or the county.  Additionally, the proposed location follows the Foundation's lot location guidelines.

 

Tammy Buckle, Program Administrator, was available at the meeting to answer question from the Board members.

 

Motion #8:         To approve the request of Charles C. and Patricia A. Campbell for an owner's lot on easement property.

 

Motion:             Doug Wilson                              Second:  Howard Freedlander

Status:              Approved

 

E.         HOWARD COUNTY

 

1.         13-79-03Ace      Idiot's Delight, Inc:  Sibbald Hereth              192.55 acres*

Request for approval of a child's lot on easement property for daughter, Ellen Hereth Miller

 

Mrs. Hereth (Idiot's Delight) is the original owner of the easement property.  The Hereth Family (mother and children) comprise the membership of the corporation.  The property has no pre-existing dwellings.  A 1.0-acre child's lot for her daughter, Mary Jones, was approved November 26, 1996, but has not been released from the easement.  The current request is for exclusion of a 1.0-acre child's lot for daughter, Ellen.

 

* Please note:  This 192.55 acre easement is comprised of two separate parcels of record

 

EASEMENT COMPOSITION:

 

·         MALPF easement 13-79-03Ace, Idiot's Delight, Inc., is 101.59 acres.  It is located on the South side of Shaffersville Road.  Two pre-existing dwellings were excluded from the easement sale.

·         MALPF easement 13-79-03Bce, Idiot's Delight Corporation II, is 90.96 acres.  It is located on the North side of Shaffersville Road.  One pre-existing dwelling was excluded from the easement sale.

 

BACKGROUND:

 

Joy Levy, Howard County Program Administrator, has done an excellent job of highlighting the past history of this farm.  This information is important to understanding the property and is an example of how far the Foundation has come in resolving its owner's and children's lot issues.  Please see the attached Staff Report ‘Background' section.

 

FUTURE PLAN:

 

As the corporations are comprised of a parent and six children, Foundation staff has requested they provide their future plan for the requests of the owner's and child's lots.  The color aerial depicts the proposed location of each lot.  The proposed owner's lot is located on easement 13-79-03Bce, while all of the proposed child's lots will be located on easement 13-79-03Ace.  Three of the proposed child's lots and the proposed owner's lot will have direct access onto Shaffersville Road.  Three of the proposed lots (including Ellen's lot) are located in a forested area that will have access onto Shaffersville Road via a right-of-way that currently serves one of the pre-existing dwellings that was excluded from the easement.  All of the proposed lot requests meet the Foundation's policy for lot exclusion because as 1) they are clustered together and 2) they will be located directly on a county roadway or will utilize an existing access.

 

CURRENT REQUEST:

 

The current request is to locate Ellen's lot on 13-79-03Ace, Idiot's Delight, Inc., property.  According to Howard County, the proposed lot will be located in a corner of the property that is currently woodland.  The lot will have access onto Shaffersville Road via a right-of-way.  Impact to the overall farm operation will be minimal.

 

The request has been approved by the local advisory board and meets Planning and Zoning requirements.  There will be no payback for the 1.0 acre lot as the deed of easement pre-dates the requirement for reimbursement of owner's and children's lots.

 

From the aerial that was provided, it appears the current lot request meets the Foundation's Lot Location Policy because it is located in a corner of the property and along an existing right-of-way access.

 

Foundation staff recommends approval of the 1.0 acre child's lot as it conforms to the Foundation's Lot Location Policy.

 

Mrs. Hereth, her daughter, Ellen Hereth Miller, and Joy Levy, Program Administrator, were available at the meeting.  Ms. Levy brought attention of the Board members to the aerial map provided with the agenda memo.  The map indicates the plan of the family for future lots; all the proposed lots are clustered together, either along the road or along the farm lane.

 

Mr. Conrad asked Ms. Levy to explain the previous lot approval.

 

Ms. Levy stated that in 1996 the MALPF Board approved a child's lot for another daughter, Mary Hereth Jones, and that lot was never released from the easement or subdivided from the farm.  Mary currently owns one of the pre-existing lots.  There were three pre-existing dwellings on the property, but on the deed of easement they actually were not included.

 

Motion #9:         To approve the request of Sibbald Hereth for a child's lot on easement property for daughter Ellen Hereth Miller.

 

Motion:             Vera Mae Schultz                      Second:  Chris Wilson

Status:              Approved

 

Mr. Colhoun commented that the site was visited by Ms. Schultz, Vice Chairman, and Ms. Council, MALPF Staff.

 

G.         KENT COUNTY

 

1.         14-86-03            Dill, Franklin M.                                         194.626 acres

Request to allow wastewater spray irrigation on easement property

 

Mr. Dill is the original grantor of the easement.  The current request is for approval to allow the application of treated wastewater from Worton's wastewater treatment plant.

 

This request was heard by the Board during the January, 2007 meeting.  The request was tabled because the request included the construction of a pond on easement property, which would have created a precedent for the Foundation.  The Board assigned to an ad hoc committee the task of developing a revised policy that takes into consideration the inclusion of a pond.  The committee has developed a revised policy.  Mr. Stahl, Chair, Wastewater Spray Irrigation Policy, shared the recommendations of the committee with the Board members.

 

Mr. Stahl stated that at the last Board meeting, the MALPF Board considered Mr. Dill's proposal.  The question was whether or not MALPF Board should be promoting development through the use of wastewater on MALPF properties.  Mr. Stahl was concerned about using wastewater for the benefit of the agricultural operations and not for the benefit of the wastewater treatment plant.  The committee comprising of Tammy Buckle, Elizabeth Weaver and Mr. Stahl discussed the issue and came up with a revised policy.

 

Mr. Stahl highlighted the point that a request that merely provides an area for disposal of municipal wastewater, without providing a significant benefit to the agricultural operation, should not be approved.

 

 

 

WASTEWATER SPRAY IRRIGATION

REVISED POLICY

 

GENERAL PERSPECTIVE:

 

Property owners, or their designated representatives, shall apply for approval from the Foundation to use wastewater spray irrigation on MALPF district or easement properties.  An approval is not an absolute right, but shall be reviewed by the Foundation on a case-by-case basis.  Each request will be reviewed to determine the proposed operation's impact on the soils and agricultural operation of the farm, and for consistency with State and local preservation and Smart Growth goals.  The Maryland Department of the Environment shall appraise the Foundation of its determination of the impact of the proposed project on the property's soils.  The Maryland Department of Planning shall appraise the Foundation of its determination of the proposed request's consistency with State and local preservation and Smart Growth goals.  In considering whether to approve the request, the agricultural benefit that the project would provide to the operation of the farm shall be the primary concern of the Foundation.  A request that merely provides an area for disposal of municipal wastewater, without providing a significant benefit to the agricultural operation, should not be approved.

 

CRITERIA:

 

A.                  The wastewater spray irrigation shall not promote development in a way that is inconsistent with the State's Smart Growth objectives, as determined by Maryland Department of Planning.

B.                  The wastewater shall come from development in non-comment Priority Funding Areas only.  Any increased sewerage capacity resulting from spray irrigation will enable growth and development consistent with the orderly development pattern envisioned in the local comprehensive plan and with smart growth principles.

C.                  The wastewater operation shall be part of a local water and sewer plan and shall provide planned capacity in a defined service area.

D.                  The wastewater shall contain no significant pollutants that would adversely affect the quality of the soils for future agricultural use, as determined by MDE.

E.                  The application shall be approved by the local Agricultural Land Preservation Advisory Board.

F.                  The operation shall conform to local planning and zoning regulations.

G.                 If a pond is proposed to be located on the easement property, the following guidelines shall apply:

 

                     i.                        The pond shall be located in an area not useable for production agriculture.

                   ii.                        The construction of the pond shall be subject to an updated, revised soil and water quality conservation plan that takes into consideration the construction of the pond.

                  iii.                        The pond shall be constructed in a manner to minimize negative impacts on current crop production.

                  iv.                        The pond/reservoir should be no larger than that which would be required to provide adequate storage capacity to meet production needs including during drought periods.  To determine appropriate storage capacity, the Foundation will consider the recommendations of the University of Maryland Cooperative Extension. [Personally Mr. Stahl believed that this criterion should have been limited to 2 inches of irrigation capacity on an acre per every acre that got irrigated.]

 

APPLICATION PROCEDURES:

 

Before the Foundation will consider a request for the use of wastewater spray irrigation on MALPF district or easement properties, all of the following information shall be submitted:

 

A.                  An application for the use of wastewater spray irrigation which has been fully completed and signed by all titled landowners.

B.                  An unmarked copy of a tax map which outlines the entire district or easement property and the affected area.

C.                  A written statement from the local Agricultural Land Preservation Advisory Board indicating a recommendation of approval or denial.

D.                  A written statement from the local Planning and Zoning office or County Program Administrator that the proposed use of wastewater spray irrigation is permitted under current local regulations.

E.                  Description and map of the current and future planned sewer-shed (service area) of the waste water treatment plant from which the effluent comes.  The map should also show the relevant PFA boundaries.

F.                  A written statement from the landowner indicating how the use of wastewater spray irrigation will alter the operation of the farm.  The statement should address the limitations placed on types of crops that can be grown.

G.         A summary of the wastewater characteristics, which includes source of wastewater, flow rate, size of irrigation area, and concentrations of the following elements in the wastewater: arsenic, boron, cadmium, chromium, copper, iron, lead, manganese, mercury, nickel, zinc, calcium, magnesium, sodium and chloride.

H.         If a pond is to be constructed on the easement property, a detailed description of the size and capacity of the proposed pond.

 

 

 

Mr. Stahl stated that the municipalities and other government and non-government agencies operating wastewater treatment plants throughout the State have tendency to be either using farms or operating farms or buying farms for the use of wastewater.  Mr. Stahl was concerned that the State fund is to be used for the preservation of agriculture and not for trying to increase wastewater discharge capacity.  If it benefits an agricultural operation that happens to be under easement to use wastewater, it should probably be considered and allowed.  Mr. Stahl recommended that the MALPF Board approves the revised wastewater spray irrigation policy.

 

Mr. Colhoun asked Royden Powell, Office of Resource Conservation, Maryland Department of Agriculture, to share his thoughts.

 

Mr. Powell stated that the relationship of irrigation to the agricultural activity is primary.  The relationship spray irrigation has land use policy and growth management is intangible, but it exists.  The regulations are getting tighter with respect to service discharged and the amount of nutrient content to the extent that MALPF policies allows for spray irrigation as an indirect benefit focusing on growth and development.

 

Mr. Powell stated that, once we apply the core principle of the MALPF program and satisfy that agricultural operations are being enhanced, other issues come into play with respect to size of the storage facility.  MDE has the primary role of inspecting and permitting waste water spray irrigation operations.  Mr. Powell stated that as a process is laid out, MALPF Board is going to consider the request on a case-by-case basis.  MALPF Board will have an opportunity to review the particulars of each case.

 

Mr. Colhoun stated that one of the MALPF's functions is to look after the land in the present and in the future.  He wanted to know Mr. Powell's views on the maintenance of a lagoon in the future.

 

Mr. Powell stated that from the view of an agricultural best management practice, a landowner is responsible for the maintenance of a practice on his property.  Strictly from the view of wastewater disposal perspective (as MDE would look at it), spray irrigation is going to play a more and more important role looking at a direct and long term relationship between the owner of the wastewater facility and the land; whether the ownership is fee simple or it is a long term lease, something must clearly bind the farm and its availability to wastewater facility.

 

Mr. Stahl commented that, if the municipality or governmental agency suddenly becomes an owner of the easement property, it changes the operation to a commercial operation, because at that point it no longer remains an agricultural operation.

 

Mr. Powell believed that Mr. Stahl's concerns are legitimate.  If the availability of the spray facility is the only way to dispose of wastewater, disposal of water is going to be job #1 for that facility.  Therefore, it is important to recognize that agricultural considerations are first priority for MALPF. Only after the Board is satisfied with the first requirement, will it move forward to consider the other requirements.

 

Mr. Powell believed that the policy is written appropriately to safeguard the Board's concerns.

 

Mr. Nielsen stated that the deed of easement says that the landowner is responsible to maintain good husbandry practices on the farm.  The Foundation can file a lawsuit against anybody who is engaged in certain practices on the land that are not good husbandry practices.  Mr. Nielsen wanted to know if the application of wastewater to a farm is a good husbandry practice and when does it not become a good husbandry practice.

 

Mr. Powell stated that the spray irrigation operations are regulated by certain conditions of the discharge permit administered by Maryland Department of Environment.  Also there is a nutrient management plan that regulates the amount and nature of nitrogen and phosphorus.  There is a need for a clear communication and understanding between an agricultural operator and a spray irrigation operator.

 

Mr. Colhoun commented that MALPF Board wants to convey to the existing landowners and future landowners the responsibility that a lagoon entails. The maintenance of the lagoon in the future is the responsibility of the landowner, even though the landowners' name may change.

 

Mr. Tassone commented that in the general perspective of the policy, it was mentioned that "the agricultural benefit that the project would provide to the operation of the farm shall be the primary concern of the Foundation."  But this statement is not reflected in the criteria.  Mr. Tassone wanted to know if it is an omission or is that something to be dealt with another time.

 

Mr. Stahl stated that it is a very broad issue and he was not sure if he can pin it down to specific criteria.

 

Motion #10:       To accept the revised Wastewater Spray Irrigation Policy.

 

Motion:             Howard Freedlander                   Second:  Chris Wilson

Status:              Approved

 

The Board proceeded to discuss the request from Mr. Franklin M. Dill.

 

The Foundation approved a policy on wastewater spray irrigation on October 22, 2002.  In August, 2003, the Foundation approved a similar request from the Town of Cecilton, which was the first request brought to the Foundation since the policy was approved.

 

MALPF staff coordinated with the Maryland Department of the Environment (MDE), Maryland Department of Planning (MDP), and Kent County to ensure that all the conditions of the policy have been met.  (Note:  Worton is not an incorporated town and, therefore, does not have a separate municipal administration.)

 

Kent County is currently in negotiation with Mr. Dill to use his property for the application of treated wastewater on his farm.  The spray area will cover 81.14 acres.  A daily average of 125,000 gallons (based on annual flow rate data) of treated effluent from the Worton wastewater treatment plant will be sprayed on the fields.  The maximum rate will be 250,000 gallons per day (based on annual flow rate data).

 

Engineers from Kent County's Department of Water and Wastewater Services have designed an irrigation system in consultation with MDE, a Soil Conservation representative, and a representative of the State's Nutrient Management Program, which calibrates the irrigation rates to correspond with the optimal needs of the crops.  The size of the irrigation area is dependent upon the soil characteristics and the crop management plan.

 

Kent County proposes locating the storage lagoon on the easement property.  (The Cecilton project located the storage lagoon on a property adjacent to the MALPF easement property.)  The water will be pumped from the storage lagoon.  The lagoon will store treated effluent during times when weather conditions make it unfeasible to spray the wastewater.  A survey of the lagoon site has yet to be completed.  The proposed lagoon will have a useable volume of approximately 2,000,000 gallons of treated wastewater.  The surface area of the lagoon will be approximately 2 acres.  The depth will vary depending on the topography of the lagoon site.  Kent County estimates that the lagoon depth will vary from 3 to 6 feet when the lagoon is full.  The lagoon berm will be constructed of suitable native soils with a bentonite mat liner to limit the permeability of the berm and bottom.  The lagoon will be constructed with an underdrain to maintain the groundwater level under the lagoon to below the elevation of the bottom of the lagoon.  According to Kent County, the construction of the lagoon will require the same earth moving equipment used to build a typical farm pond and will not interfere with the agricultural operation.  The construction equipment and material will not cross any tillable fields.

 

MDE requires a minimum buffer zone of 200 feet between the wetted perimeter of spray irrigation areas and property lines, waterways, roads, etc.  The buffer area is the unwetted area around the perimeter of the spray area that separates the spray area from surrounding uses.  However, there are no limitations on crops grown in the buffer area.  Additionally, MDE requires a reserve area that is suitable for application of wastewater that is held in reserve should a problem develop on a portion of the initial 81.14-acre spray area.  Wastewater will not be applied to the reserve area unless a problem develops in the initial 81.14 acres.  Should a problem occur, wastewater will be applied to an acre of the reserve area for each acre taken out of the initial wastewater application area.

 

In a letter to the Foundation, Mr. Dill states that the application of the wastewater will increase the productivity of the land.  Mr. Dill wanted to install an irrigation system (standard, non-waste water) when he acquired the property in 1983; however, tests revealed that the aquifers are incapable of producing the required quantity of water.  Mr. Dill's letter states that he will be restricted from growing vegetables.  However, Foundation staff's research indicated that the spraying of the wastewater will prohibit growing crops that are not processed prior to human consumption.  Mr. Dill currently grows corn, wheat and soybeans on the farm, which he can continue to grow after the application of wastewater.

 

Dr. Tien, Division Chief, Water Management Administration, Wastewater Permits Program, State Groundwater Discharge Permits Division, Maryland Department of the Environment (MDE), has analyzed the results of the test of the town's treated wastewater for the presence of heavy metals or other elements that could have a negative impact on the soil.  Dr. Tien found that the application of the wastewater will not have a long term negative impact on the soils of the property.  However, Dr. Tien recommended that the sodium concentration in the treated wastewater be reduced to less than 69 mg. of sodium per liter of water to reduce the specific ion toxicity to field crops.  Dr. Tien further recommended that any future industrial discharge to the system should be reported to the Foundation and an impact analysis completed prior to acceptance of the industrial wastewater.  (Currently, there is no industrial discharge to the wastewater system.)

 

Maryland Department of Planning (MDP) has reviewed the application and determined that the Worton request will not promote development in a way that is inconsistent with the State's Smart Growth objectives.  In correspondence to the Foundation, MDP states that the Department's research shows that the Worton Sewerage Service Area, existing and planned, lies entirely within a Kent County Priority Funding Area (PFA).  Therefore MDP supports the proposed wastewater spray irrigation project because it will support growth in the PFA.

 

Kent County is in the process of updating its water and sewer plan to include the Worton upgrade.

 

The request was approved by the local advisory board.  The request is in compliance with local zoning regulations because the application of wastewater is considered a normal agricultural activity.

 

Foundation staff recommends approval based on the request's consistency with the Foundation's revised policy.  Should the Foundation approve the request, approval should be contingent upon the following:

 

1.                   MALPF shall be a party to the agreement between the landowner and the County.

 

2.                   Any future industrial discharge to the system shall be reported to the Foundation and an impact analysis completed prior to acceptance of the industrial wastewater.

 

3.                   The sodium concentration in the treated wastewater shall be reduced to less than 69 mg of sodium per liter of water to reduce the specific ion toxicity to field crops.

 

4.                   If it becomes necessary to use the reserve area, Kent County shall consult with MALPF staff to determine the most suitable revised configuration.  MALPF staff shall determine if it is necessary to bring the request back to the Foundation's Board for review.

 

5.                   The agreement shall have a provision for renewal as part of the MDE permitting process, which is conducted every five years.  The renewal will be reviewed by MALPF staff.  Any modifications to the agreement must be agreed to by the Board of Trustees.  Should the County or the landowner be found to be in breach of the agreement, MALPF may terminate the agreement.

 

6.                   A statement in the agreement which addresses repair of any damage to the soils as a result of an accident or malfunction or other circumstances related to the application of the wastewater.  [Note:  Wayne Morris, Director, Kent County Department of Water and Wastewater Services, has indicated that the County would like to alter this language.  The County will negotiate the language with the Foundation.  Any substantive alteration to the language will be brought back to the Board for approval.]

 

7.                   A statement in the agreement that the application of the wastewater shall be conducted in such a manner as to prevent bodily injury or endangerment to human health.

 

8.                   Adoption of a Water and Sewer Plan by Kent County that includes the updated Worton wastewater spray irrigation project.

 

Elizabeth Weaver, MALPF Staff, stated that, with the adoption of a revised policy of Wastewater Spray Irrigation, Mr. Dill's request conforms to revised policy.  Ms. Weaver commented that there is one issue that needs to be addressed by the MALPF Board.

 

"A statement in the agreement which addresses repair of any damage to the soils as a result of an accident or malfunction or other circumstances related to the application of the wastewater. [Note:  Wayne Morris, Director, Kent County Department of Water and Wastewater Services, has indicated that the County would like to alter this language. The County will negotiate the language with the Foundation.  Any substantive alteration to the language will be brought back to the Board for approval.]

 

Ms. Weaver suggested that the MALPF Board approve the concept of what is being requested and make the approval conditional upon satisfactory resolution of working out the language between Kent County and Attorney General's Office.

 

Ms. Weaver believed Mr. Morris is concerned that the language is too broad and it leaves the County liable to eventualities beyond its control.

 

Mr. Morris, Mr. Dill, and Carla Martin, Program Administrator, were available at the meeting.  Mr. Morris stated that he found the suggested language very general.

 

Ms. Forrester stated that the County's proposal does not address the issue of what happens if there is an accident.  Should we ask the landowners to have insurance or should we require the county to have insurance?  Ms. Forrester agreed with Ms. Weaver's proposal.

 

Mr. Colhoun asked the County to draft language to be reviewed by the Attorney General's Office. Mr. Colhoun conveyed the consensus of the Board that the MALPF Board is in support of the project and suggested that the decision be postponed to the next Board meeting.

 

Added   BALTIMORE COUNTY

 

1.         03-81-07            Armacost, Wayne L. & Page                        346.07 acres

(Hickory Hill Farms, Inc.)

Request for the exclusion of a child's lot on easement property

 

[This item was added after agenda was printed. This material was distributed at the meeting.]

 

Mr. and Mrs. Armacost, as members of Hickory Hill Farms, Inc., a family-owned corporation, were owners, along with parents and siblings, of the property when it was placed under easement.  They remain members of the corporation.  The current request is for the release of up to two acres for a child's lot for the personal use of their son, Wayne.

 

A child's lot was approved on this property for their daughter, Page, in January, 2006.  No other family lots have been approved for the property.  A tenant house was approved on the farm in July, 2004.  Hickory Hill Farms, Inc. owns an additional easement property; however, no lots have been requested on that property.

 

According to Baltimore County, the proposed lot is to be located in a wooded area.  The proposed lot will be accessed by a right-of-way.

 

The request was approved by the local advisory board. The request conforms to local zoning regulations.  If approved, there will be a required payback of $829.35 per acre amount to the Foundation.

 

Mr. Armacost has been made aware that, if the property is transferred out of the ownership of the immediate family, the child's lot cannot be retained.  The aerial maps were provided by the Baltimore County during the meeting.

 

Staff recommends approval of the release of one acre plus such minimum additional acreage if required by the County Health Department, not to exceed 2 acres total based on the provisions of the deed of easement and in accordance with Agricultural Article, Section 2-513(b), Annotated Code of Maryland, which grants an allowance of a maximum lot size of up to 2 acres if required by regulations adopted by the Department of the Environment or the county.

 

Wally Lippincott, Program Administrator, was available at the meeting and stated the proposed lot was located on the corner of the woods, adjacent to the approved owner's lot.  The farm has 346.07 acres and is in the middle of the most successful agricultural area of the County.  The County has 11,000 acres of contiguous protected land.

 

Motion #11:       To approve the request of Wayne L. and Page Armacost for a child's lot on easement property.

 

Motion:             Robert Stahl                              Second:  Jerry Klasmeier

Status:              Approved

 

Ms. Forrester stated that Mr. Armacost may no longer own the property now or in the near future.  If and when ownership is transferred, if not released, his child's lot disappears.

 

Mr. Lippincott stated that the Armacosts are facing potential foreclosure.  Mr. Lippincott has already communicated to the landowner that the lot rights are available only as long as the easement grantor owns the farm.  The foreclosure filing happened after the County Board met last month.  That's the reason the local agricultural board wanted the item to be placed on this month's agenda.

 

Mr. Colhoun stated that there is a possibility that the owner may be able to secure part of the property with a consortium before the auction.

 

Mr. Doug Wilson wondered how Mr. Armacost can retain the lot as a member of the consortium, because the ownership will be different.

 

Mr. Nielsen stated that the issue is whether the personal conveyance survives, and there may be a question of continued eligibility.

 

Mr. Doug Wilson commented that the Program Administrator needs to advise Mr. Armacost quickly about the potential ramifications of the transaction as it might change the timing of what he does.

 

Mr. Nielsen believed that Mr. Armacost may still be the original owner even if he retains part of the property with a consortium.  MALPF will have to wait and see how things progress.

 

Mr. Doug Wilson commented that he did not want a situation in the future that Mr. Armacost's son goes to the county for a building permit for the lot he believes he has, when in reality it was undone because of the way his father changed the ownership of the property after the Board approval.  Mr. Doug Wilson suggested keeping this point in mind when MALPF staff sends its response to the landowner.  It has to be expressly clear that there are issues related to farm ownership to avoid any misunderstanding.

 

Motion #11a:     To approve the request of Wayne L. and Page Armascost for a child's lot on easement property.  MALPF staff will expressly communicate to the landowner that there are issues related to farm ownership and the retention of lot rights.

 

Motion:             Joe Tassone                              Second:  Chris Wilson

Status:              Approved

 

 

      III.  AGRICULTURAL PRESERVATION DISTRICT PETITIONS

 

A.         Wicomico County

 

1.         22-07-02            Helfrich, George, et al.                                 141.47 acres

 

This is a 141.47 acre parcel located in the Cherry Walk Road, southwest of Hebron.  There are no dwellings.  The farm has 17.38 acres of cropland and 124.09 acres of woodland.  The primary farming operation is a tree farm and crops.  It has 74.6% qualifying soils.  It is part of a larger operation and is not owner operated.  The property has a forest stewardship plan.

 

Gloria Smith, Program Administrator, was available at the meeting to answer questions from the Board.

 

Motion #12:       To approve the request of George Helfrich, et al., to establish an agricultural land preservation district on their property.

 

Motion:             Doug Wilson                              Second:  Robert Stahl

Status:              Approved

 

 

      IV.  PROGRAM POLICY

 

A.                  Certification of County ProgramsCharles County

 

Charles Rice, Program Administrator, and Dan Rosen, Maryland Department of Planning, were available at the meeting.

 

Charles County has submitted an application for Certification of a local Agricultural Land Preservation Program and is requesting Foundation approval.  Below are some highlights:

 

·         The County continues to commit funding for the Agricultural Preservation Program, allowing the County to participate in the MALPF matching funds program.

·         During the reporting period, the County preserved 13,215 acres of agricultural land and woodlands.

·         The county has a goal of preserving 64,000 acres.  In addition, the County Commissioners are interested in protecting 50 percent of the County's land area (approximately 147,000 acres), including recreation land and preserved agricultural and natural resource lands.

·         The County continues to demonstrate a very strong commitment to preserving its agricultural lands.

 

The staff's review of Charles County's re-certification request, addressing general operations of the program, qualifying expenditures and program development strategies, was attached with the staff memo.

Ms. Council informed the Board members about the strengths and weaknesses of the County Program:

 

·         Strengths:

·         Ongoing strong financial commitment to easement purchases through the matching funds program.

·         Continued significant enrollment in the MALPF district program (many of the county's new district properties sell TDRs through the County program rather than pursuing permanent MALPF easements).

·         An increase in the per-acre amount paid for TDRs has resulted in an increase in TDR acres preserved.

·         The County offers a 100% tax credit on land and agricultural structures on properties in MALPF districts or easements ($90,320 in credits in 2006).

·         The County continues to have strong participation in the Rural Legacy ($6.4 million to date).

·         The County has a Right-to-Farm Ordinance.

 

·         Weaknesses:

·         The County does not have protective rural zoning and there is a lack of community and political support for down-zoning in the rural area.

·         There is a need for consistent dedicated local funding for agricultural land preservation.

·         It will take approximately 70 years for the County to reach its preservation goal of 64,000 acres at the current rate of preservation.

 

The Foundation staff recommends that Charles County be recertified as the County's local program continues to be successful in supporting viable agricultural operations and preserving agricultural land in perpetuity.

 

Mr. Rosen stated that Maryland Department of Planning is also recommending certification for the next two years and shares the same concerns as highlighted by Ms. Council.  Maryland Department of Planning is also communicating its concerns about the upcoming changes to the certification program based on HB 2; the major component being priority preservation areas (PPAs) and land use tools being in place to support PPAs.

 

Mr. Rosen expressed the Department's concern that the County will take approximately 70 years to reach its preservation goal of 64,000 acres.  The Maryland Department of Planning recommended that the County downzones its rural areas to 1 to 20, but the County Commissioner instead decided to have mandatory clustering.

 

Mr. Rosen stated that the County has accomplished a lot through its TDR program.  Mr. Rosen informed the Board members that the Maryland Department of Planning recommends recertification.

 

Mr. Rice stated this is a 5-year certification report.  One of the highlights of the report is that the County still has a tremendous amount of district participation amounting to approximately 20,000 acres.  This is largely due to the tax credits given by the County, and, also, because districts are tied to the County's TDR program.  The County's commitment to the matching funds program has increased substantially over the years.

 

·         For FY 2002, the County committed $490,000 in MALPF matching funds.

·         For FY 2003, the County committed $300,000 in MALPF matching funds.

·         For FY 2005, the County committed $550,000 in MALPF matching funds.

·         For FY 2006, the County committed $942,000 in MALPF matching funds.

 

For FY 2007, the County has committed $1,334,000, which is the maximum amount.

 

Mr. Stahl commented that he agreed with Mr. Rosen's comments about the zoning issue.  However, he believed, the problem in Charles County has always been that the agricultural community did not support downzoning.  Mr. Stahl complimented Mr. Rice for running an effective program and believed as the county program becomes more effective and preserves more areas there will be more opportunity to get support for downzoning.

 

Mr. Doug Wilson commented that both Ms. Council and Mr. Rosen mentioned that the "County will take approximately 70 years for the County to reach its preservation goal of 64,000 acres."  He wanted to know if we have a standard by which we want to accomplish goals.  He was a little concerned about the focus on a horizon which sounds too long.  The MALPF program is in perpetuity.  If the goal is to get everybody to meet their preservation goals in 10 years or 15 years, (1) there will be nothing to preserve in the longer term and (2) the acreage goals and time horizon may really say more about how aggressive a goal a jurisdiction has set.  He was concerned about the focus on this issue.

 

Mr. Doug Wilson stated that Mr. Rice mentioned that it is a 5-year report. He wanted to know when the certification of Charles County is formally due, or is it late.

 

Mr. Rosen stated that the County is late.

 

Mr. Doug Wilson stated that recently the Legislative Auditors have finished their audit report.  The auditors are critical of MALPF in its interpretation of its own regulations and allowing someone to stay certified until MALPF makes a judgment.  The auditors view is much more literal:  you complete two years, and if the jurisdiction has not gotten approved by second year, the jurisdiction is out.  This will have financial consequences.  Mr. Doug Wilson believed MALPF's regulations would have to be modified to be more specific and represent the actual process.  At the same time, it fosters all concerned to adhere to a time schedule.

 

Mr. Conrad commented that this comment is not in specific to Charles County, but it is a general comment to all the Program Administrations.  Once the current legislative session is over, the Foundation would like to get together with Mr. Rosen and the program administrators and discuss the status of recertification and the deadlines in each County.  There are changes in priority preservation areas and agricultural stewardship, and Mr. Conrad would like to talk to the program administrators about the certification period and when each county is due for recertification.  This will be to obviate any questions from future legislative auditors as well as being very clear about the requirements and evaluation standards in a new era of certification with priority preservation areas.

 

Mr. Tassone stated that he has spoken to people working on the regulations that Maryland Department of Planning drafted to implement HB 2.  He has received a commitment from them to include language in the proposal that would deal with this difference in perception between the legislative auditors and the Foundation in how the certification process works or should work.

 

Referring to the comments made by Mr. Doug Wilson about goals, Mr. Tassone stated that provision of HB 2 provided some more guidance on acreage goals.  HB 2 required that acreage goals be clearly related to what is happening to farming, what is going to be accomplished with regards to accommodating production, and how preservation is going to be achieved in the long term.  The bill also articulates some specific requirement about growth, stabilizing the land base, measuring tools, and acquiring easements at rates that are commensurate with development pressure.

 

In the current round of certification letters, Maryland Department of Planning is trying to review the county program in the context of the requirements that become effective as of July 1, 2008.

 

Mr. Rice commented that the two year certification period goes very fast, and there is not a lot of information to work with in the two year time period.  Personally he would prefer to have a 5-year window to look at certification as is the case with the Comprehensive Land Use Plan and the County Land Preservation and Recreation Plan.

 

Mr. Tassone commented that, as of July 1, 2008, the certification time period will be three years and will be coinciding with the comprehensive plan cycle. Mr. Rice commented that this will help a little bit.

 

Motion #13:       To accept the recommendations of the Maryland Department of Planning and MALPF staff to recertify Charles County.

 

Motion:             Doug Wilson                              Second:  Vera Mae Schultz

Abstained:         Robert Stahl

Status:              Approved

 

Mr. Rosen thanked Mr. Stahl for pointing out that most of the time county program administrators do an incredible job of working against great obstacles.  When a program is being evaluated, comments and criticisms are not a reflection of the program administrator.

 

B.                  Certification of County ProgramsWashington County

 

Ms. Council stated that Eric Seifarth, Program Administrator, Washington County apologized that he could not be present at the meeting because he had to attend County Commissioner's meeting in the County.  However, Mr. Seifarth had made a presentation to the MALPF Board during the December Board meeting.  Mr. Dan Rosen, Maryland Department of Planning, was available at the Board meeting.

 

Washington County has submitted an application for Certification of a local Agricultural Land Preservation Program and is requesting Foundation approval.  Below are some highlights:

 

·         The County continues to commit funding for the Agricultural Preservation Program, allowing the County to participate in the MALPF matching funds program.

·         During the reporting period, the County preserved 2,679 acres of agricultural land and woodlands.

·         The County has a goal of preserving 50,000 acres by the year 2021.

·         The County continues to demonstrate a very strong commitment to preserving its agricultural lands.

·         For FY 2003, the County committed $477,000 in MALPF matching funds.

·         For FY 2005, the County committed $667,000 in MALPF matching funds.

·         For FY 2006, the County committed $989,550 in MALPF matching funds.

 

Ms. Council stated that Washington County has hired a consultant to design a TDR program, which should be presented to the County Commissioners in 2007.

 

During the four year reporting period, FY 2002-2006, the County permanently preserved 2,679 acres of agricultural land and woodlands through MALPF program.  Its rate of conversion is slightly higher than their rate of preservation.  The County has identified four possible Priority Preservation Areas.

 

The staff's review of Washington County's re-certification request, addressing general operations of the program, qualifying expenditures, and program development strategies was attached with the agenda memo. The Foundation staff recommends that Washington County be recertified as the County's local program continues to be successful in supporting viable agricultural operations and preserving agricultural land in perpetuity.

 

Ms. Council informed the Board members about the strengths and weaknesses of the County program:

 

·         Strengths:

·         Updated zoning reduces development on rural land.

·         The County has made a significant commitment of local funds to the local PDR program.

·         A TDR program is being designed.

·         The County utilizes federal funds (TEA-21) for the permanent protection of farm land.

·         The County continues to have strong participation in the Rural Legacy ($7.3 million to date).

·         The County has a Right-to-Farm Ordinance.

 

·         Weaknesses:

·         Washington County continues to have high development pressure.

·         Newly created down-zoning allows extra units on each farm parcel.

·         There is a need for consistent/increased dedicated local funding for agricultural land preservation.

·         It is unlikely the County will meet its goal of 50,000 acres by 2021.

 

Mr. Rosen stated that in Washington County the percentage of agricultural easements as a percentage of total lands developed is a very downward curve for the last 25 years.  The number of acres subject to transfer tax is slightly higher than the number of acres permanenttly preserved.  Washington County has made a great improvement in its zoning, but it still allows substantial development in the rural areas.  Mr. Rosen was concerned about the County meeting the new certification regulations.

 

Mr. Rosen stated that the Maryland Department of Planning recommends re-certification.

 

Motion #14:       To accept the recommendations of the Maryland Department of Planning and MALPF staff to recertify Washington County.

 

Motion:             Jerry Klasmeier                          Second:  Chris Wilson

Status:              Approved

 

C.                  Certification of County ProgramsAnne Arundel County

 

Barbara Polito, Program Administrator, Lynn Miller, Long Range Planning Administrator, and Dan Rosen, Maryland Department of Planning, were available at the meeting.

 

Anne Arundel County has submitted an application for Certification of a local Agricultural Land Preservation Program and is requesting Foundation approval.  Below are some highlights:

 

·         The County's goal is to preserve 20,000 acres by 2010.

·         To date, the County has permanently preserved 12,000 acres of farmland using MALPF, Rural Legacy, Program Open Space, and the County IPA program.

·         The County continues to demonstrate a very strong commitment to preserving its agricultural lands.

 

The staff's review of Anne Arundel County's re-certification request, addressing general operations of the program, qualifying expenditures and program development strategies, was attached with the staff memo.

 

The Foundation staff recommends that Anne Arundel County be recertified as the County's local program continues to be successful in supporting viable agricultural operations and preserving agricultural land in perpetuity.

 

Ms. Council stated the County's goal is to preserve 20,000 acres by 2010.  The County has a new adopted density, 1:20 (base density).  The County has expanded the definition of "farming" to include "primary agricultural processing."

 

Anne Arundel was one of the few counties that was able to adhere to their certification period of two years and even provided an interim report.  During the reporting period, FY 2005-2006, the County did not permanently preserve any agricultural land or woodland through MALPF.  It does have an easement application for 2007.  The amount of land converted to non-agricultural use continues to far outpace the amount of land permanently preserved.

 

Ms. Council informed the Board members about the strengths and weaknesses of the County program:

 

·         Strengths:

·         Ongoing strong financial commitment to the County's IPA program.

·         The County offers a tax credit on agricultural land and wood land in MALPF districts and easements.

·         The areas of Harwood, Lothian and West River have contiguous blocks of protected land ranging from 1,000 to 1,500 acres.

·         The County has a Right-to-Farm Ordinance.

 

·         Weaknesses:

·         Continued lack of participation and funding in the MALPF program.

·         There is a lack of aggressive pursuit and dissemination of accurate funding and program information to the farming community.

 

Mr. Rosen stated that the County has a level of land conversion that is probably the lowest of the State's average which is good.  On the other hand, the County does not have a high level of easement acquisition.  The County's preservation goal is 20,000 acres which many other counties have already surpassed.

 

Previously the County had decided that it is not going to have a TDR Program.  Mr. Rosen would like the County to reconsider the decision.  Mr. Rosen believed there is going to be an increase in demand for land preservation.

 

Mr. Rosen stated that the Maryland Department of Planning recommends re-certification and expressed his concerns about the County meeting success on the new regulations.

 

Ms. Polito introduced her new Supervisor, Lynn Miller.  Ms. Polito stated that the programs have been moved to Planning and Zoning and are now part of Long Range Planning.

 

Ms. Polito stated that the County is currently processing eight applications under the County's program and one property is proceeding to settlement.  Anne Arundel County is planning a public meeting on March 22, 2007.  These efforts have the support of the new administration, and the new County Executive will be attending the meeting.

 

Ms. Polito believed abolition of family conveyance lots was a good thing, but landowners had opposed this policy change.  The County changed zoning regulations and subdivision regulations.  The County Program no longer has a family conveyance.  When a landowner enters into the County's Program, he is asked if he would like to have one unrestricted lot.  If the farmer decides to turn it into a child's lot, it is up to him.  Under the County's program, child's lots are no longer an alternative choice.

 

Ms. Miller stated that she is happy to have Ms. Polito in the program.  Ms. Miller stated that her division does a variety of things and is responsible for doing the County's Comprehensive Plan, related functional plan, implementing the existing program, etc.; land preservation is a big part of the division.  Ms. Miller believed the program runs very well.  They are currently updating their Comprehensive Plan, and Ms. Miller believed that it might take two years.  She hopes by the end of 2008 a draft will be ready for their County Council.  In addition to the new requirements under HB 1141 and HB 2, the County has some new requirements related to growth management planning.  The County Council has adopted them into the County zoning codes.  Currently the County is in the process of releasing a RFP to hire a consultant.  Ms. Miller believed this will help to put more focus on the County's agricultural preservation program and tighten the overall comprehensive planning.

 

Mr. Chris Wilson wanted to emphasize that the elimination of family conveyances is a huge deal.  The County Council overhauled the whole code two years ago.  Mr. Chris Wilson was on the Advisory Committee for agricultural uses, and it was part of its recommendation.

 

Mr. Doug Wilson wanted to know if the County Program is accommodating all the people who want to be part of the agricultural land preservation program.  He was concerned that, by not having applicants for the MALPF program, the County will be giving up easement money.

 

Ms. Polito confirmed that the demand is being accommodated.  Once the IPA program was established, it took off (people were more interested in that program).

 

Mr. Conrad wanted to have Ms. Polito's observation as to why do people choose one versus the other program.  He wanted to know the dynamics that work in the decision making process of the applicant.

 

Ms. Polito stated that she believed factors such as the applicant's interest and the estate planning affect the choice.  The County does not require district formation as a first step.  If everything is aligned properly, the applicant can settle in nine months from the date of application.  The County has an easement valuation system and is in the process of revising it because of land price increases.  The County also has the IPA program.

 

Ms. Polito asked if MALPF staff can attend the public meeting on March 22, 2007, and talk about the program.

 

Mr. Colhoun agreed and also stated that, if the date is convenient to any MALPF Board member he or she could also attend the meeting.

 

Mr. Tassone stated that, once the County Council terminated the family conveyances, there was a window of opportunity for landowners to use it.  He wanted to know how long the window of opportunity was available once the family conveyance was terminated.

 

Ms. Polito stated that the landowners had to apply by a certain date.  Ms. Miller added that any application that had already been submitted would continue to completion.

 

Motion #15:       To accept the recommendations of the Maryland Department of Planning and MALPF staff to recertify Anne Arundel County.

 

Motion:             Doug Wilson                              Second:  Robert Stahl

Abstained:         Chris Wilson

Status:              Approved

 

Added         BALTIMORE COUNTY RANKINGS FOR FY 2007 EASEMENT ACQUISITION CYCLE APPLICANTS

 

[This item was added after agenda was printed.  This material was distributed at the meeting.]

 

Baltimore County has notified the Foundation of a change to its ranking system for applicants for the FY 2007 easement acquisition cycle.  The ranking system is used to prioritize offers made to applicants.*

 

The Foundation's ranking guidelines require that each county's ranking system assign a minimum of 20% of the total points to soil quality; a minimum of 20% of total points must be assigned to farm quality and potential (farm size, etc.); and 20% must be assigned to Priority Preservation Area status or protection of surrounding area, or distance from a PFA, or buffer considerations.

 

The Board of Trustees approval is required when a county's ranking system diverges from the Foundation's guidelines.  Baltimore County's proposed ranking system, which incorporates discounting, includes an "optimization procedure" which allows the county to purchase better farms with limited funding.

 

Foundation staff was not able to determine from Baltimore County's proposed system if it meets the minimum requirements of the ranking guidelines because of the optimization method.  Foundation staff requested clarification from Baltimore County regarding the percentage of total points attributed to discounting under its proposed system.

 

Wally Lippincott, Baltimore County Program Administrator, was available at the meeting to explain the County's proposed ranking system to the Board.

 

 

* Statute:

(i)   In consultation with county governing bodies, the Foundation shall adopt guidelines to identify easements for purchase that further the goals of the Maryland Agricultural Land Preservation Program.

 

(ii)   Guidelines adopted under subparagraph (i) of this paragraph shall include consideration of:

 

1.   Location in a priority preservation area of the county;

2.   Soil and other land characteristics associated with agricultural productivity;

3.   Agricultural production and contribution to the agricultural economy; and

4.   Any other unique county considerations that support the goals of the program.

(Agricultural Article, Section 2-510(e)(3), Annotated Code of Maryland)

 

 

 

Mr. Lippincott stated that the County is doing the ranking a little differently than what is generally permitted by the general approval of the MALPF Board.  The Baltimore County's proposed ranking system includes an "optimization procedure."  In FY 2007 the County had 62 applicants, 20 of them were State applicants.  The County was earlier using the LESA ranking system.  The County realized it is very difficult to use the typical discounting analysis for the 20 farms under the State ranking guidelines.  The offers are made in July, and the county board approves ranking in fall.  The County does not know what the discount is until spring, so it is very difficult.  The other problem of discounting is that there is also a choice between the best farm and the best discounted farms.  Therefore, the County came up with an optimization procedure.  Illustrating an example, Mr. Lippincott stated that if there is a budget for $100 for an office party, there is a choice of buying $100 bottle wine making few people very happy or a choice of buying several $20 bottle wines making everybody happy.

 

The County had 20 properties that met MALPF eligibility requirements.  The minimum score had to be 60.  Staff will be given an estimate on how much money from the State and County is available for this year.  The funds available under the State and County program will be, for example, 420 million dollars.  It works out to 12 farms.  These 12 farms will be the ones with the highest score, but at a price that would fit within the budget constraints.  If there are two farms that are roughly equal in their resource characteristics; one is less than the other, it will be identified as the priority acquisition.  The County is not really trading off the conservation values; this was the problem with the other method.  The County was not able to figure out how to overcome matching the price with the quality of the farms.  The County can also pull out farms that do not rank, properties that are forested, and compete against cropland.  The County can also perhaps take the farm that has the best soils and maybe doesn't have the some of the other attributes.  We can really play with the various parameters.

 

Once the County gets the farms approved, the computer fits in the 12 farms to be ranked to select the best one.  For some reason if all the funding that was predicted was not there, we will still get the best farms.

 

Mr. Conrad stated that Board approval is required as the proposed ranking differs from MALPF's standard recommendations.  Mr. Conrad commented that he had attended some of the meetings and a lot of the ranking procedure is based on GIS.  He believed MALPF staff is comfortable with the proposal, even though it is more complicated than MALPF's adopted guidelines.

 

Mr. Lippincott thanked the MALPF staff for its inputs and stated that the County solicited public input at the beginning of the year.

 

Mr. Colhoun stated that he has also attended few of the presentations, and he found it to be fascinating.  It is not perfect, but it is moving in the right direction.

 

Mr. Doug Wilson wanted to confirm that all the parameters mentioned by Mr. Lippincott are already set in the computer program, and we just need to plug in the farm attributes from the application and the computer then makes ranking recommendations.  Mr. Lippincott confirmed this.

 

Mr. Doug Wilson stated that he does not have a problem as long as the system is determined in advance and does not allow manipulation.  The County can decide what is most important for it as long as the process does not get too subjective.

 

Mr. Lippincott commented that Baltimore County is lucky about funding.  The system has some subjectivity; he did not want to minimize it.  40% of the County ranking is subjective where the Advisory Board is going out to evaluate the properties.  He is dependent on the Advisory Board's judgment.

 

Mr. Doug Wilson stated that the criteria for making the judgment are pre-set, and, if somebody wanted to find out why a particular reviewer made an evaluation that looks out of character, it can be pointed out on the record.  If they did something bad, there is a way to put them under microscopic review.

 

Mr. Klasmeier wanted to know if there is an appeal mechanism in the process.

 

Mr. Lippincott stated that, after the County staff presents its material, the recommendations go to County Council for approval.  The rankings are mailed out, so landowners can go to County Council work sessions and testify if they do not agree.  Alternatively they can call the Board for reconsideration.  However, there is no legal appeal process.

 

Mr. Klasmeier asked if the County Council has the right to alter the sequence.  Mr. Lippincott stated that the County Council has the right.

 

Mr. Doug Wilson believed that, as long as there is a mechanism, the system is accountable if they have made a mistake.  It is possible to correct a problem or a mistake as long as there is a process set in advance.

 

Motion #16:       To accept the Baltimore County ranking proposal.

 

Motion:             Robert Stahl                              Second:  Jerry Klasmeier

Status:              Approved

 

Mr. Chris Wilson requested if Mr. Lippincott can come back to the MALPF Board in a year and give an update.

 

D.                  Wetland Mitigation Easements Policy:  REPORT

 

 

OVERVIEW

 

As development pressure spreads throughout the State and more land is converted to development, wetlands are increasingly impacted.  Consequently, there are increasing needs to mitigate for wetland impacts in locations away from development sites.  The Foundation expects to receive increasing numbers of requests from easement landowners to allow mitigation on their farms for off-site wetland impacts.

The Foundation's statutory goals are an important context for Board policy and procedure for wetland mitigation.  They are:

 

To preserve agricultural land and woodland in order to:

 

1.       provide sources of agricultural products within the state for the citizens of the state;

2.       control the urban expansion which is consuming the agricultural land and woodland of the state;

3.       curb the spread of urban blight and deterioration; and

4.       protect agricultural land and woodland as open space.

 

Wetland mitigation on land under MALPF easement can compromise or undermine the Foundation's goals in two ways:  by prohibiting active agriculture and forestry in perpetuity on land under wetland mitigation; and by facilitating and supporting more, rather than less, development and associated impacts on farmland and farming, in areas designated for agricultural land preservation, where the Foundation invests public money to that end.

 

At the same time, the Board recognizes that wetland mitigation can serve legitimate resource enhancement and conservation purposes that are compatible with the Foundation's goals and objectives; can provide MALPF easement landowners with supplemental income to further that purpose; in appropriate circumstances, can help landowners pay for good stewardship of their land and water resources, as a legitimate part of a Soil Conservation and Water Quality Plan; and can support development in planned areas designated for non-agricultural uses, which supports the Foundation's goals.

 

Based on these considerations, and the January 9, 2007, Final Report of the Wetland Mitigation Policy Committee, the Foundation establishes the policies and procedures described herein.  The Board reserves the right to modify these policies and procedures as it gains experience in and learns more about the business of wetland mitigation and its implications for the Foundation's interest in preserved land.

Policy and Procedures

 

The Foundation discourages wetland mitigation on MALPF easements and districts, but will consider mitigation proposals from landowners on a case-by-case basis.  The following procedures are designed to be efficient for everyone involved, including landowners, staff, sister agencies asked to provide assistance, and the Board; and ensure that, when wetland mitigation is allowed, it will be a legitimate means to practice good stewardship that complements the Foundation's interest in farm and forest production, and will facilitate development that supports and does not compromise the Foundation's goals.

 

Count Agricultural Advisory Board Approval

 

A proposed mitigation project must be approved by the appropriate county agricultural land preservation advisory board before it will be considered by the Foundation's Board of Trustees.  Advisory boards should consider the same factors established in this policy and procedure statement, and should convey to the Foundation the basis for their decision and the sources of information on which it is based.

 

ELIGIBLE MITIGATION PRACTICES

 

The Foundation will consider proposals for the following wetland mitigation practices (as defined by the USDA NRCS) or their equivalent:  Wetland Restoration (NRCS practice code 657), Wetland Creation (NRCS practice code 658), and Shallow Water Area for Wildlife (NRCS practice code 646, if designed to meet the criteria for wetlands (practice codes 657 and 658).

 

Resource Conservation Purpose, Size, And Soils

 

It is the policy of the Board that a mitigation proposal must pass several screening tests with regards to the proposed mitigation practice, its resource conservation purposes, its size, and the soils it will affect, in order to be considered by the Board.  The Board will depend on Foundation staff, in coordination with the Soil Conservation district, to verify each of the following:

 

The primary resource conservation purpose of the proposed mitigation practice must be to reduce discharge of sediment, nutrients, and/ or other pollutants from the farm.  In addition, the proposed mitigation practice must:

 

·         Be an appropriate and necessary best management practice (BMP) to achieve the resource conservation objectives for the farm, based on NRCS standards and estimates.

·         Contribute substantially to good land and environmental resource stewardship on the farm.

·         Treat discharge generated primarily from the farm, and include no more than a minor percentage of treated drainage derived from neighboring land.

·         Be sized to manage discharge from a 25-year (or smaller) storm.

·         Be no larger than is necessary to achieve the stated resource conservation purposes of the practice, particularly the desired hydrologic / water quality functions of the wetland, based on the size of the drainage basin, and the slopes, soils, and hydrology of the drainage basin.

·         Be included in the Soil Conservation and Water Quality Management Plan and/or a Forest Stewardship Plan for the farm.

·         Not reduce the percentage of qualifying soils on the farm below the 50% threshold for eligibility as a MALPF easement.

 

MDA's Resource Conservation Operations (RCO) Program will be requested to review Soil Conservation District findings on these matters, advise the Foundation if it agrees with them or nor, and if not, explain why.

 

When it has received the advice of Staff, the District, and RCO, the Board will consider the following to determine if it approves of the resource conservation purposes and size and soils implications of a proposed wetland mitigation project:

 

·         The wetland itself, exclusive of the vegetative buffer, must be no larger than 5 acres or 5% of the total acreage of the farm, whichever is smaller, and must be limited to land comprised of hydric or other non-qualifying soils (according to the Foundation's soil eligibility criteria).

·         The vegetative buffer must be limited to the 35-foot minimum required by NRCS standards for Wetland Restoration, Wetland Creation, and Shallow Water Area for Wildlife.

·         The total amount of land removed from production (wetland + buffer) must not, in the opinion of the Board, compromise the capacity of the farm to support sufficiently diverse forms of profitable production of food and fiber.

DEVELOPMENT ACTIVITY AND ITS IMPLICATIONS FOR THE FOUNDATION'S GOALS

 

It is the policy of the Board that the development project(s) facilitated by a mitigation proposal must pass several screening tests to be considered by the Board.  The Board will depend on Foundation staff, in coordination with the developer seeking mitigation, local government, and the Maryland Department of Planning, to verify each of the following:

 

·         The developer must provide written verification that satisfies Foundation staff that a search for mitigation sites on non-easement properties has been conducted within the eligible geographic area, and that the search has not produced sufficient suitable sites;

·         The local government (program administrator or responsible party, at the discretion of the county) must identify in writing the type of development activity for which mitigation is required, inform the Foundation if the development activity is subject to their approval and, if it is, verify that the county either has approved the project or believes that the development project is consistent with the plans, ordinances, and regulations governing its approval; and

·         The Maryland Department of Planning must provide a written opinion stating that the development project is in a Priority Funding Area recognized by the State, is consistent with the local comprehensive plan and State Planning Policy, and is not likely to encourage or support substantial further development in areas the Foundation is attempting to preserve.

·         When it has received the appropriate information, the Board will determine if the development project facilitated by the proposed mitigation is compatible with the Foundation's goals and objectives, and, in conjunction with the other criteria recommended herein, approve or reject the mitigation proposal accordingly.

Wetland Mitigation Overlay Easements

 

Unless it determines that the State's interest in the land is somehow compromised by the doing so, if the Board approves a wetland mitigation proposal, it will generally:

 

·         Not concern itself about mitigation payments from the developer to the landowner; and

·         Maintain the Foundation's easement on the mitigation acreage, making appropriate adjustments in the easement as needed to facilitate the regulatory requirements for mitigation.

 

 

Mr. Tassone, Chair, Wetland Mitigation Easement Policy, stated that the flow charts outline the sequence of considerations that would result in approval of a wetland mitigation proposal by MALPF Board.

 

The first step is related to resource conservation purpose, size and soils.  Most of the real wrestling with the details will be handled by Soil Conservation District and then have a check off by the Office of Resource Conservation, Maryland Department of Agriculture.  The Office of Resource Conservation at MDA will give the information to the Foundation as to whether or not it meets the criteria.  If it is yes, the Foundation can move to the next step.  If it is no, MALPF Board is advised of it.

 

The next step is how much land is removed from production.  The guidelines have specific criteria, and they are 5% of the farm or 5 acres, whichever is less.  Earlier there was a draft report indicating a possibility of going up to 10 acres or 10% but at the last committee discussion; the consensus was to drop that and stay with 5%.

 

The next step is to check if the developer has conducted adequate search for non-easement mitigation sites or not.  We judge if it is good enough or not.  If it is, we move to the next steps as outlined in the flow chart.  The Board's decision is based on inputs received from other entities.

 

Mr. Doug Wilson wanted to know who will be doing the assessments at various steps outlined in the flow chart.  Is MALPF staff responsible for doing such an assessment?

 

Mr. Tassone stated that in reality the assessment will be done either by the District, Resource Conservation, Department of Planning, Local Advisory Board, and so on.  One or more of them have inputs in each one of the boxes. In cases where the input is the result of a serious technical deliberations or considerations the technical staff will confirm on the technical basis.  MALPF Board gets their inputs, but it is not bound by them.

 

Mr. Colhoun stated that Mr. Tassone has considered a level of review and Resource Conservation at Maryland Department of Agriculture will also review a project to evaluate many of the technical questions.  Mr. Colhoun believed the second level of review will be very helpful as MALPF Board does not have the expertise for technical issues.  MALPF Board will be the recipient of this useful information.

 

Mr. Klasmeier believed it will be a good idea to indicate a point of contact person who will be responsible for coordinating the inputs at various levels on the flow chart.  This will help the Board to have a kind of check list to ensure that the Board has got everybody's inputs.

 

Mr. Tassone agreed to incorporate the suggestion.

 

Mr. Doug Wilson stated that, as a Board member, each trustee has a role to preserve what is already protected under MALPF easement.  MALPF Board's decision about 5-acres maximum regardless of the size of the farm can resolve the problem where a farmer can take his whole farm and put under wetland mitigation.  Some might argue that it is not the purpose of the MALPF program.  Two years ago when the issue was discussed, the question was what the Foundation says about our farmers getting dollars from someone for wetland mitigation.  The flowcharts developed by the Wetland Committee clearly indicate that it does not have a dramatic impact on the long term quality of the soil.

 

Mr. Doug Wilson further noted that the report has mentioned, "Wetland must be no larger than 5 acres or 5% of the total acreage of the farm..."  He wanted to know if someone comes with 6 acres, 240-acre farm, do we reject it and limit it only to 5, or does the policy want to have some provision for the individual analysis.  Mr. Doug Wilson raised the issue as the policy will eventually be drafted into regulations.

 

Mr. Conrad commented that the Foundation does run into such situations as in the case of agricultural subdivision (50-acre policy).  Every three months Foundation gets requests from someone who wants something different.

 

Mr. Klasmeier believed the Board should have the flexibility to use its judgment by virtue of members' service to the Board, rather than being worried about setting a precedent every time a request is evaluated.

 

Mr. Tassone stated that the language will be the same as in the earlier report.  It will basically say the principle is 5% or 5-acres (maximum), except in certain circumstances.

 

Mr. Colhoun asked Mr. Powell for his comments.

 

Mr. Powell commented that one of the things he wrestled was how the Board would like to consider anything that goes beyond 5% threshold.  He believed he was involved in developing "an administrative policy" that MALPF program could use.  This policy would clearly define and allow the program administrators to move forward and administer some criteria.  That process is different than a situation where the Board wants to deliberate the requests on a case-by-case basis.  Mr. Powell respected the fact that the Board may want some flexibility.  If the Foundation has criteria, it will guide the Board in its considerations.

 

Mr. Stahl believed that the MALPF Board will always act in the best judgment of what is good for agriculture and the preservation of agricultural land.  The only problem he foresees is that it forces the Board to make a judgment about the project.  In the current situation the project is creating mitigation to a certain extent.

 

Mr. Tassone stated that when he was framing the language "whether it serves the legitimate public purpose," he was thinking about what the Soil Conservation District does regarding legitimate soil conservation and water quality planning.  If a wetlands project should be ‘x' acres or 8% of the farm, we can say the soil conservation districts recommend it as it relates to the public interest on the farm.

 

Mr. Doug Wilson commented that he has been convinced that since it is going to be our own regulations, he is willing to go ahead with the policy as outlined.  If the Foundation starts to get cases where it starts to get different, the Foundation has the ability to change its own regulations.

 

Mr. Colhoun commented that, in the end, the driving force is going to be the landowners who are going to receive $20,000 on an acre of wetlands mitigation.  The Board will be driven against the wall.  Six acres are another $20,000 in the landowner's pocket, and seven acres is better yet.  The Board will be faced by such situations.  Mr. Colhoun believed the Board is prudent to use its discretion.

 

Mr. Doug Wilson commented that he would like to move forward with the 5 acre recommended limit. In the future, if the Foundation receives several compelling cases, it can change its regulations.

 

Motion #17:       To recognize the good work of the Wetland Mitigation Committee on a difficult issue and to approve the Committee Report as drafted.

 

Motion:             Doug Wilson                              Second:  Robert Stahl

Opposed:          Jerry Klasmeier

Status:              Approved

 

At 12:40 p.m., the Board members had a short break for lunch and resumed at 01:15 p.m.

 

E.                  Uses Committee Report

 

Vera Mae Schultz, Chair, Uses Committee, thanked the members of the Committee for their contribution.  She recognized the work of Tammy Buckle, Joy Levy, Charles Rice, Dan Rosen, Robert Stahl, Elizabeth Weaver, Carol Council, and Judith Lynch.  The Uses Committee began its work in spring of 2006.

 

As the committee looked at secondary uses of land in either MALPF district or an easement, it kept in mind the regulations and statute under which MALPF operates.  At the same time, the committee kept in mind that it needs to make farming and forestry profitable for the persons who are engaged in.  The committee wanted to do little to damage or interfere with the current operations and with future operations and wanted to support the farm family also.  The location of the activity was very important.

 

The committee set up the following conditions that would apply to secondary uses of land in the MALPF program:

 

1.   All secondary uses are first subject to local zoning.

2.   All secondary uses must not interfere with the primary agriculture or forestry operation.

3.   All secondary uses must not affect the future agriculture or forestry productivity of the land.

4.   All parking related to the secondary uses must be pervious.

5.   The landowner must submit a letter detailing his/her proposed secondary use to the county agricultural land preservation program administrator and, if approved by the county, to MALPF.  The administrator may refer the use request to the county agricultural advisory board.  All secondary use requests require approval by the county agricultural program administrator and by MALPF staff while others also require the approval of the MALPF Board of Trustees.  Upon review and approval, MALPF will send a letter to the landowner detailing the proposed secondary use. In agreement, the landowner will sign the letter and return it to MALPF for permanent placement in his/her file.

 

Ms. Schultz commented that it can be noticed in the chart distributed to the Board members and Program Administrators that some activities listed are already accepted in the MALPF program.  The committee felt it necessary to list them for clarity.  The committee desired to be consistent in the conditions placed on uses, but in some cases, the committee found it reasonable to propose deviations.  The committee noted that uses of land under FRPP program have different restrictions that have to be complied with.

 

All uses of land in the MALPF program are subject to 1) county zoning regulations, 2) conditions (to be) listed in MALPF regulations, and 3) conditions that apply to secondary uses of land.

 

Mr. Conrad wanted to know if the committee tried to define the word `secondary.'

 

Ms. Schultz stated that the committee did not define the word, but had in mind that, once the land entered the program, the uses of the land at the time were considered primary.

 

Mr. Rice illustrated an example of a farm using most of its land for grain production.  The grain is considered as a primary use though the farm may have agro-tourism on 1 acre and may earn three times more money from that activity.

 

Ms. Weaver commented that, when the committee started the work, it started with the word "ancillary."  Over time the committee came up with the word "secondary."  Ms. Weaver believed it is tough to determine what is secondary.  After some time if it is successful, it could become primary.

 

Mr. Doug Wilson commented that when the attorneys get to the point of drafting regulations, they would have to define the term because it will be used throughout the regulations.

 

Mr. Nielsen stated statute may allow certain activities on MALPF easements, but there has to be  control by the Foundation on what happens on the land in each case.  As the staff gets more experienced with handling such requests, some cases may receive less scrutiny than others.  Mr. Nielsen believed that certain kinds of activity have to be restricted.  For example, the Rural Legacy Program allows discreet activities.  Mr. Nielsen felt the regulations should not be specific, but they should have general criteria.  The Foundation should look at things on a case-by-case basis.  There should be a contract between the landowner and the Foundation with respect to allowable activities, and that may also be recorded in the land records.

 

Mr. Nielsen quoted land uses "slaughtering" and "veterinary hospital" outlined in the chart and stated that the activity depends on the scale.  The Foundation is certainly not going to allow a newly constructed veterinary building on a MALPF property.  There might be scenarios where the Foundation may allow veterinary hospitals in an existing facility, but it all must be evaluated on a case-by-case basis.

 

Mr. Conrad believed that it is very useful to have the contract on the allowable uses.  If a use on property is not subject to explicit agreement, we can have people listing their plan and the Foundation may receive 6 or 7 non-agricultural uses.  It is possible that any one of the activities may be allowed, but a cumulation of such activities could pose difficult problems.

 

Mr. Nielsen stated that the Foundation can have a basic information sheet that goes to everybody.  It can say that, if the facts of the proposed activity are similar to what the Foundation approves, it is likely to be approved.  This protects the Foundation because facts could change based on what landowners say and what they actually do.

 

Ms. Schultz stated that the committee intends the chart only for the use of MALPF staff and by county program administrators, when it is finally approved.  The chart is not for wide distribution.

 

Referring to the specific example of a veterinary hospital by Mr. Nielsen, Mr. Doug Wilson wondered if the committee envisioned that a person with a large enough farm could allow the construction of a 3000 sq. foot hospital.  If the landowner is a veterinarian, owns his farm, and wants to build a hospital in the corner of the property, is it possible.  Mr. Doug Wilson believed as we go through the process of looking at acceptable uses, our documents will indicate the construction of a veterinary hospital meeting certain standards would be allowed as related commercial use of MALPF property.  The situation is different from using an existing building for this purpose.  The intent was somebody could build a facility.  The issue of location will be no different than any kind of lot requests received by the Foundation.  If a landowner wanted to build a facility for an agriculture-related activity, general guidelines allow it.  If a landowner wants to build a barn and is planning to show horses and have competitions, the committee allows him to do so, because it is treated as an agriculture-related activity, even though it is purely commercial.  If the landowner wants to build an exercise barn as long, as it meets MALPF's standards and is located properly, the committee's guidelines allow him to do so.

 

Mr. Colhoun commented that the situations described by Mr. Doug Wilson are exactly the things that are currently taking place on MALPF properties.

 

Mr. Doug Wilson believed the Foundation is developing an inventory of what farmers can do on MALPF properties.  Previously the Foundation restricted uses the legislative change now allows.  The issue is, if someone wanted to build a facility to carry out an agriculturally-related commercial enterprise, the General Assembly allowed the Foundation to approve the use.  The original legislation restricted it completely, but now the General Assembly allows it.  The Foundation has to figure out the parameters.  The uses committee has spent time and tried to come up with guidelines.  As an example, under the proposed guidelines, the Foundation will allow a construction of a veterinary facility.  However, the Foundation will not allow a landowner to run a restaurant, even though it is selling food produced on the property.  The Foundation has recently received requests for bull riding, school buses, etc.  The uses committee has developed an inventory for people as to what they can do.

 

Ms. Levy believed that, once the list is approved, it should be available in a form that everyone is comfortable with.  It would be very helpful for people to have the document.

 

Mr. Colhoun agreed and stated that, once the document is approved by the MALPF Board, it is public information.

 

Mr. Nielsen commented that the statute says the Foundation can approve uses on easement properties, except as determined by Foundation, for farm- and forest-related activities and home occupations.  Mr. Nielsen was not sure if a veterinary hospital could be considered a home occupation.

 

Mr. Colhoun commented that veterinary facilities are becoming more and more common on any large farm and could easily be considered a farm-related activity.

 

Mr. Doug Wilson said that, if in his house he wants to do a non-farm related activity, the Foundation is allowing it.  But if a person comes to the Foundation and has a veterinary practice and wants to have a clinic for cats, it is not allowed.  If it is going to be a mix of activities, the Board would like to look at it.  If a person wants to open a beauty parlor in a new building next to their barn, it would not be allowed because it is not a farm-related activity.  The uses committee is suggesting an inventory list for approval.

 

Mr. Nielsen believed that the statute does not say what Mr. Doug Wilson is saying.  According to the statute, the Foundation can approve farm- and forest-related uses and home occupations.  It does not say that the home occupation has to be related to a farm use.

 

Board members proceeded to discuss the Commercial Services outlined on Page 5 of the chart.

 

Referring to the cottage industries issue, Mr. Doug Wilson stated the uses committee is recommending that it needs to be contained within a subdivided one acre residential lot or the equivalent curtilage.

 

Ms. Buckle wanted to know if this would require a survey of the one acre area.

 

Mr. Conrad asked Pam Bush, Department of Natural Resources, Senior Policy Analyst, about the development envelope used by the Rural Legacy Program.  Did the landowners have to provide a survey description of the development envelope?  How does the Rural Legacy Program establish exactly where the landowners can do certain differential activities on the properties?

 

Ms. Bush stated that general Department of Natural Resources only surveys development envelopes which propose new construction for residential structures.  The monitoring is done with the help of aerial photographs to confirm that it has not changed in terms of residences, but there is really no control of where agricultural buildings go.

 

Mr. Doug Wilson asked about "Bed and Breakfast" facility.

 

Ms. Bush stated that it has to be in an existing structure, unless the Department of Natural Resources specifically allows it in the new residential structure and the new residential structure would be pre-located generally on the easement.

 

Mr. Rice stated that the intention of the committee was to have the bed and breakfast in the existing structure and related parking, etc., has to be within the 1-acre curtilage.

 

Going back to the example of building a veterinary hospital, Mr. Nielsen stated, that the veterinary doctor may decide to stop practicing and the property is left with the veterinary hospital building.  Under the MALPF program, the landowner is paid to preserve the farm, and yet he is allowed to develop on the farm.  He personally liked Rural Legacy's model.  The paint ball situation took place in an existing building.  If the Foundation could have inspected what they were doing inside the barn, it could have been a violation.  The laws have now changed, and the Foundation can allow limited commercial activities if they really do not have any effect on the farm.

 

Board members and program administrators discussed their concerns about the various land uses such as livestock sales, greenhouses, private air strips, butcher shops, hunting clubs and the other restrictions.

 

Ms. Weaver stated that we probably have different impressions of what is allowed on MALPF properties depending on the program administrators we talk to.  Therefore, one important part of the exercise is to get each one of us on the same page.  Ms. Weaver believed that many program administrators believe livestock sales are not allowable.  Part of the current exercise is also clarification.

 

Mr. Doug Wilson commented that, in the end, the MALPF Board will be going through each issue and voting on the practice and the conditions accompanying it.

 

Mr. Nielsen stated when we talk about all these activities, it really depends on the scale of the activity and where it is located.  We will also need to discuss enforcement.

 

Mr. Doug Wilson suggested making use issues part of site inspections.

 

Mr. Colhoun commented that the inventory is a great starting point for the discussion to come and complimented the efforts of the Uses Committee.

 

Mr. Doug Wilson suggested everyone take the list, think about the issues involved, and the questions relating to them.  He suggested scheduling another meeting and working through the issues in a broader context at the committee level.  By end of June 2007, the list can be ready and can be reviewed by Mr. Nielsen and Ms. Forrester.

 

Mr. Nielsen suggested having general guidelines and a similar uses chart made available as an informational sheet for the Counties dealing with generic use issues.

 

F.                  Water Recharge Easements – Agro-Ecology Grant Application Rejection Letter

 

Ms. Weaver updated the Board on the outcome of the Agro-Ecology Grant Application.

 

MALPF staff, in cooperation with Maryland Department of Planning, and Maryland Department of the Environment, applied for a research grant to Agro-Ecology, Inc.   The intent was to generate usable research for a methodology to determine how much water should be retained to ensure the protection of the future viability of agriculture on MALPF properties if the Foundation approved the sale of water recharge easements.  Unfortunately, the grant application was denied.  The letter from Agro-Ecology, dated January 31, 2007 was attached with the staff memo.

 

Ms. Weaver believed that Agro-Ecology felt that we do not have the resources to study this issue.  The study would involve some complex research.  University of Maryland, Baltimore County (UMBC), submitted a grant application that was somewhat related to the issue, and its application was accepted.  The MALPF grant application involved lot of work, and she thanked Mr. Dan Rosen, Maryland Department of Planning, and Maryland Department of Environment for their contribution.

 

Pat Langenfelder, Committee Chair, has indicated that she would like the WRE committee to meet soon to determine the next steps.  Ms. Weaver believed that, if MALPF does not address the issue, there are other people in the industry who would address the issue, and the outcome may not be desirable.  She believed it would be good for MALPF to take the lead in getting the necessary information, but the Foundation does not have the resources to do it alone.

 

Mr. Colhoun informed the Board that he had an opportunity to speak to the Secretary of Agriculture on this issue.  Mr. Roger L. Richardson, Secretary, Maryland Department of Agriculture, also sits on the Board of the Agro-Ecology, Inc.

 

Mr. Doug Wilson stated that the issue is bigger than MALPF, and it is about long-term agricultural viability in Maryland.  MALPF easement holders are a subset of Maryland agriculture.  We have to have a combined voice at the county level and the state level, and the committee will be discussing the issues in detail.

 

Jenny Plummer-Welker, Program Administrator, Calvert County, informed the Board that the Governor's Transition Team Report is available on the website of State of Maryland.  Doug Wilson commented that the Transition Team was very kind in its comment about this program and the entire Department of Agriculture.  It recognized the funding limitations and has been very supportive.

 

There being no further business, Mr. Colhoun asked for a motion for adjournment of the meeting.

 

Motion #18:       To adjourn regular session.

 

Motion:             Joe Tassone                              Second:  Doug Wilson

Status:              Approved

 

The regular session of the Board meeting was adjourned at approximately 02:40 p.m.

 

Respectfully Submitted:

 

 

_____________________________________

Rama Dilip, MALPF Secretary

 

 

 

__________________________________

James A. Conrad, Executive Director