BOA agenda 111218 - cancelled - Laserfiche WebLink

Browse Search

1 MOTION by Randy Herman to find as a matter of fact that the evidence presented on pages 19-22 and pages 26-41 and 2 also the evidence presented in the minutes contained in Exhibit 3 the board finds the property is being used for 3 agritourism as the term is defined in the statute. There was no second. 4 5 Barry Katz said he does not believe the farm plan summary, adding that it’s an aspirational document and not a 6 substantive document. 7 8 Randy Herman said the board has 100 pages of minutes concerning the activities that were taking place on the 9 property and the statute defines agritourism to include weddings so he doesn’t think there is any question that weddings 10 are taking place on the property. 11 12 Barry Katz said fine, weddings are taking place on the property. 13 14 Susan Halkiotis asked Randy Herman to amend the motion to not include the farm plan summary. 15 Barry Katz said he would prefer to just say Kara Brewer is holding weddings there. 16 17 Randy Herman said the board has to point to a specific piece of evidence that supports that finding and that would be 18 the previous minutes. 19 20 Karen Barrows suggested only using pages 19-22 as evidence. 21 22 Barry Katz said that would be fine. 23 24 Randy Herman said a building permit is also aspirational and not what is actually taking place. 25 26 Barry Katz agreed and said he would be fine with including pages 19-25. 27 28 Susan Halkiotis suggested the evidence include the minutes of previous meetings where it was not contested that 29 weddings are taking place on the property rather than the building permit and the plans. 30 31 MOTION by Randy Herman to find that based on the evidence previously presented in the minutes from the October 10, 32 2016, and October 24, 2016, meetings, which the board has accepted into evidence as Exhibit 3, that there is 33 agritourism activity taking place on the property as that term is defined in the statute. Barry Katz seconded. 34 DISCUSSION: Susan Halkiotis said she would vote for it but strictly on the wording, ‘agritourism as defined by the new 35 statute.’ Barry Katz added that in the board hearings the board heard testimony but the board never accepted that this 36 was a real agricultural entity that used agritourism as a way to supplement the income of a farmer. What we were 37 experiencing was an attempt to have an events center placed in an agricultural environment where the events center 38 was a business entity and it was not in fact adjunct or supplemental to an agricultural entity, Barry Katz said. Rather, it 39 was the primary purpose if not the sole purpose of citing it where it was. 40 VOTE: UNANIMOUS 41 42 MOTION by Randy Herman to find as a matter of fact that based on the deed which was included on pages 78-80 of the 43 documents and also the Articles of Merger on pages 85-86 the property is currently owned by Wild Flora Farm, LLC. 44 DISCUSSION: Susan Halkiotis said she was thinking about it. Barry Katz asked for Randy Herman to be clearer because 45 Southeast Property Group, LLC, was the purchaser. Randy Herman said the purchaser was Southeast Property Group, 46 LLC, and then Southeast Property Group, LLC, merged with Wild Flora Farm, LLC, with Wild Flora Farm, LLC, being 47 the surviving entity. So, as of today, the owner of the property is Wild Flora Farm, LLC. Susan Halkiotis noted that was 48 as of February 14, 2018. Randy Herman agreed. 49 SECONDED by Susan Halkiotis. 50 23