| BACK TO CADB | Dated 02/01/2004 |
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C.A.D.B. Minutes November 11, 2004 |
| BACK TO CADB | Dated 02/01/2004 |
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C.A.D.B. Minutes November 11, 2004 |
Members in Attendance: Ex Officio Members: |
Others present: Nancy Palladino, Freeholder Liaison Members of the public |
Open Public Meeting Act:
"This meeting is being held in accordance with the provisions of the Open Public Meeting Act. Adequate notice has been provided by prominently posting and maintaining so posted throughout the year on the first and second floor of the County Administration Building, Route 12, Flemington, New Jersey a public place reserved for such announcements, and by mailing on or before December 31, 2003, to the Hunterdon County Democrat, Lambertville Beacon, The Express, Courier News, Trenton Times, Hunterdon Review, and Star Ledger newspapers designated by the Hunterdon County Agriculture Development Board to receive such notices, and by filing with the Hunterdon County Clerk a schedule of the times and dates of such meetings."
Minutes of the November 11, 2004 Meeting
Bob Reed moved to approve the minutes. Dave Bond seconded the motion and it passed unanimously.
Public Comment
Gary informed the Board that he spoke with Guy DeSapio today and Guy advised that Mr. DenHollander should make a presentation to the Board tonight on why he wishes to remove the dirt from his property and why it is necessary for his agricultural activity.
Guy informed the Board that he corresponded with Mr. DenHollander and informed them that it was the position of the Board that the removal of the dirt would be a violation of the deed of easement. Mr. DenHollander felt that the removal of the dirt was for farming purposes.
Mr. DenHollander stated that it is necessary to remove the fill dirt from the premises because he is required to create a detention basin for stormwater management, he will not be removing topsoil just fill dirt. The fill dirt will be going to the airport for a runway extension.
Guy advised the Board to make a motion to authorize the removal of fill dirt only that is excavated in connection with the detention basin and no other removal.
Dave Bond moved to authorize the removal of fill dirt only that is excavated in connection with the detention basin and no other removal. The authorized amount of dirt to be removed is to be in accordance with the plan specified and approved by the Soil Conservation District. Peter Melick seconded the motion and it passed unanimously.
Gary will call Bill Engisch to inform him of the decision and will work with Guy on the resolution.
Communications
Gary reviewed the Communications from the packet and included additional items:
Conversation ensued and a motion was made by Bob Reed to give them the CADB blessing to go ahead as scheduled providing the construction does not negatively impact agriculture as provided for in their letter included in the packets. Dave Bond seconded and it carried unanimously.
Guy DeSapio informed the Board that they should act and tell both parties to come before the Board and present this issue. If the CADB doesn’t act regarding the Right to Farm Protection then the farmer may be taken to court without this protection. His suggestion is for staff to write a letter to Hank Klumpp informing him that the Board has recognized his complaint and in order for a hearing to be held he will have to follow the procedure for commercial farm certification and come before us.
Wayne Hunt moved to follow Counsel’s recommendation. Bob Hoffman seconded and it passed unanimously.
The deed of easement states that the excavated fill cannot leave the property and the GSG would like to transport it to the Sky Manor Airport for the extension of an airstrip. Bill Engisch informed the Board that the GSG applied to the Soil Conservation District to remove the soil from their property to the Airport and the District approved since all of their requirements have been met. He contacted Gary regarding the Deed of Easement restrictions.
Dave Bond moved to check the Deed and Guy DeSapio should write a certified letter to Garden State Growers. Bob Reed seconded and it passed unanimously.
SADC Update
No SADC staff members were present.
PDR and PIG Update
Gary informed the Board that appraisals are due to SADC by Monday, November 15, 2004. Staff will be hand delivering them on Friday the 12 th. Additionally he announced that there are 5 farms in Lebanon Township in the preservation area. The appraisers had to come up with two values, January 1, 2004 and a current value subject to the Highlands Legislation. Out of the 4 appraisers, there were a variety of results varying from 0 – 90% reduction in value; 3 of the 4 appraisers feel there will be a significant reduction in value.
Bob Reed questioned how long it takes to close on a farm after the packet is sent to the SADC. Gary informed the Board that it averages about three months.
The Board wanted to know the status of the Kuhl farms. Gary explained that initially the Kuhl-Kadezabek driveway through the County golf course issue was being resolved between the Freeholders and the Kuhl family. This long delay affected the other two farms because the Kuhl family wanted all three to close about the same time. Some time passed with no resolution so the Kuhls decided that the two other farms could proceed. Unfortunately, the one year contract with the surveyor expired so the County could not legally force the surveyor to complete the surveys. Gary has called the surveyor a number of times and met with County Counsel last week regarding legal action that the CADB could take. Guy DeSapio and Gary will discuss this issue next week.
Dave Bond mentioned other farms that have not closed and should be looked into, Locandro, Cornerhouse and Spolar. Dinah Rowbotham informed the Board that the surveys must be revised before County Counsel can send a packet to the State. Guy DeSapio will look into these farms and will contact Dave tomorrow.
Wayne Hunt asked about the status of the Kanach property subdivision in East Amwell Township. There is approximately 20 acres of parkland to be subdivided from the property. Gary will check on the status and report back to the Board.
Old Business
Peter Schroder - Applicant
Block 69, Lot 3
Lebanon TownshipGary reminded the Board about the last meeting where Peter Schroder was asking for an amendment to his application, which has been appraised. He was asking for the removal of a 9.5 acre severable exception; the lands remaining will be ~47.7 acres of farmland and will remain in the application. The Board unanimously denied his request at the last meeting.
Peter Schroder explained to the Board that he made an error on his original application, he left too small of an excepted area for his residence. The issue was presented to the Board using a survey and discussion ensued. The Board felt that the change was too dramatic. The applicant should reapply in this situation.
Bill Bowlby moved to deny the appeal and have the application continue as is. Bob Hoffman seconded the motion and it carried unanimously.
New Business
Robichaud (Dodds) Farm
Block 56, Lot 20
Delaware TownshipDinah Rowbotham informed the Board that the farm is under contract with the County and the appraisals and survey have been done.
Susan Robichaud requests to expand the existing 2.5 acre non-severable exception to accommodate a new septic system, as the existing one has failed. The applicant would like a 4-5 acre non-severable exception. Percolation tests will not be conducted until the Board makes a decision. Susan Robichaud presented the Board with maps and documentation and discussion ensued.
The expansion will not require new appraisals; however the survey will have to be revised. Dinah Rowbotham stated that the main draw back of this request is a delay in closing.
John Peterson moved to increase the 2.5 acre non-severable exception to 4 acres. Pat Hilton seconded the motion and it carried. Dave Bond and Bob Reed abstained.
Passerello Farm
Block 35, Lot 9
Franklin TownshipDinah Rowbotham informed the Board that the Passerello farm consists of 63 net acres to be covered under the deed of easement, is located on Quakertown Road, and requires a County cost-share of $105,525.00. The PIG Committee met before the meeting and Bill Bowlby announced that the PIG Committee recommends a motion to approve.
Bill Bowlby moved to approve. Bob Reed seconded the motion and it carried with one abstention by John Peterson.
Fulper Home Farm II
Block 13, Lot 45
West Amwell TownshipDinah Rowbotham informed the Board that the Fulper Home Farm II consists of 22 net acres to be covered under the deed of easement, is located on Rocktown-Lambertville Road, and requires a County cost-share of $56,320.00. The PIG Committee met before the meeting and Bill Bowlby announced that the PIG Committee recommends a motion to approve.
Bill Bowlby moved to approve. Wayne Hunt seconded the motion and it carried unanimously .
Fulper Stoy Farm II
Block 19, Lot 5.01
West Amwell TownshipDinah Rowbotham informed the Board that the Fulper Stoy Farm II consists of 30 net acres to be covered under the deed of easement, is located on Mt. Airy-Harbourton Road, and requires a County cost-share of $62,400.00. The PIG Committee met before the meeting and Bill Bowlby announced that the PIG Committee recommends a motion to approve.
Wayne Hunt moved to approve. Bob Reed seconded the motion and it carried unanimously.
Melanie Martin informed the Board of the Agriculture Affordability Committee’s recommendations to the “SADC Farmland Affordability / Availability Recommendations, Draft Comments”. Copies of the Committee’s recommendations were distributed to the Board and discussed. The Board agreed with the Committee’s recommendations.
Bob Reed moved for staff to write the letter to the SADC detailing the Board’s recommendations. Dave Bond seconded the motion and it carried unanimously.
Gary informed the Board about the discussion on Draft Rules on Agricultural Waste Management. He also distributed the e-mail from Bob Mickel regarding the comments made by his sub-committee of livestock groups. He explained that the rules are still in the draft version.
Board questioned why the NJ rules are more restrictive than the federal rules. Also the State was overly concerned with the definitions of animal units.
Chairperson Blew announced that she met with Bob Hoffman, Bill Bowlby and Bob Mickel at the Board of Agriculture meeting and gave their input.
Bob Hoffman moved to add the CADB’s endorsement to the comments. Pat Hilton seconded the motion and it carried unanimously.
Chairperson Blew asked the Board if they were aware of Assembly Bill #3415 regarding the statewide impervious coverage limitations on preserved farms.
Gary Pohorely suggested we write a letter to the Legislators in opposition to this Bill.
Freeholder Nancy Palladino suggested that the Board encourage our Legislators to support our interests.
Bob Hoffman moved to oppose this legislation and write a letter to the Freeholders asking them to pass a resolution opposing this then write a letter to all Legislators, County Boards of Freeholders, Farm Bureau, Boards of Agriculture and the SADC. Bob Reed seconded the motion and it carried unanimously.
Gary mentioned that Freeholder Marcia Karrow and Helen Heinrich of the Farm Bureau asked him to distribute model ordinances for farm markets, farm lighting, and regulations. He distributed copies of the draft ordinances and asked the Board for comments by next week.
Public Comment
Freeholder Nancy Palladino asked Gary about the appraisal values he mentioned during the PDR and PIG update. She wanted to know the names of the four appraisers he mentioned that reported value changes. Gary informed her, they were Robert Vance, Michael Morris, Jo-Anne Boehm and Susan Curran. She recommended staff look into and record the values from other counties in the preservation area.
Gary will look into this issue and contact the other County Agriculture Development Board Administrators.
Adjournment
Bob Reed moved to adjourn. Bob Hoffman seconded the motion and it passed unanimously. The meeting adjourned at 9:50 p.m.
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Gary Pohorely, Secretary