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APB agenda 081501-2
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APB agenda 081501-2
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BOCC
Date
8/15/2001
Meeting Type
Regular Meeting
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Agenda
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�r <br />MOTION: Kleese motioned to table the recommendation pending the updated conservation <br />plan and actual participation in the use value taxation program. Seconded by <br />Walters. <br />VOTE: Seven yeas, one abstained. <br />Other discussion included districts descriptions, new legislation interpretations, overlay maps, and <br />a possible Lands legacy farm idea. <br />b. Revised Voluntary Agricultural District application <br />The APB reviewed the revised application and voiced concerns regarding the wording in the <br />following passages of the Conservation Agreement section: <br />"If certified by the Agricultural Preservation Board and approved by the Board of <br />Commissioners, I agree to sustain, promote and encourage agriculture in the <br />district, support protection against nuisance suits, undesired non -farm <br />development and other negative impacts on participating farms." <br />"I agree to voluntarily preserve and protect the conservation values of the <br />Property by prohibiting non -farm residential use of the Property for a period of 10 <br />years from the date of signing of this Agreement, except for the creation of not <br />more than three (3) lots that meet applicable zoning and or subdivision <br />regulations." <br />Kleese suggested "I agree to support protection against nuisance suits ". Walters noted that the <br />legislation says that being in an Ag District gives the owner some support or protection against <br />nuisance suits. Stancil clarified that it meant the VAD owner would be supportive of the concept <br />of protection from nuisance suits. <br />Kleese suggested "I agree to sustain, promote, and encourage agriculture in the district and to <br />abide by the requirements of the agricultural district." <br />Members agreed that the specificity is too difficult and signature would be unadvisable with <br />current language interpretations. <br />The APB discussed the potential for different interpretations of the existing language as well as <br />the lengthy verbiage of certain sections. The Broad felt that non -farm uses that are beneficial to <br />farmers should not be excluded, and should perhaps be encouraged. <br />Kleese suggested something like, "I agree to voluntary preserve and protect the beneficial value <br />of the property being residential and other non -farm development or development that would have <br />negative impact on participating farms." <br />Morrow suggested the following "If certified by the Agricultural Preservation Board and approved <br />by the Board of County Commissioners, I agree to sustain, promote and encourage agriculture in <br />the district. The purpose of creation of a district is to support protection against nuisance <br />suits, undesired non -farm development and other negative impacts on participating farms." <br />Ranells suggested "I agree by participating in the VAD, I understand that there will be.public <br />hearings on condemnation of farmland, record notice of proximity of farmland." Ranells also <br />suggested itemizing in a couple bullets what the benefits of the rule are to get away from defining <br />non -farm and making it cumbersome. <br />Draft May 16, 2001 2 <br />
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