BOA agenda 111218 - cancelled - Laserfiche WebLink

Browse Search

VOTE: UNANIMOUS 1 2 Barry Katz said he does not know how to phrase the next finding of fact, which is the most consequential. 3 4 James Bryan said if this were to be appealed to Superior Court, the court is going to look at it and the board has to tell 5 the court very explicitly here why the board decided one way or the other. The board needs to point to documents that 6 persuaded them to decide. The court will look at that and review whether that was arbitrary or capricious. 7 8 Susan Halkiotis asked Randy Herman to make the motion. 9 10 MOTION by Randy Herman moved to find as a matter of fact, based on evidence presented in the qualifying farmer 11 exemption certificate on Page 13 and also the application for that certificate which is found on pages 71-73, that Wild 12 Flora Farm, LLC, is not the holder for a qualifying farmer exemption certificate issued by the Department of Revenue. 13 Barry Katz seconded. 14 VOTE: UNANIMOUS 15 16 MOTION by Randy Herman moved to conclude as a matter of law that the structure located on the property is being used 17 for agritourism purposes as that term is defined in the statute. Susan Halkiotis seconded. 18 DISCUSSION: Barry Katz said there is an issue of continuity -- if it is being used for agritourism purposes, then the entity 19 that is running it is not the same entity that does not have the tax certificate. Randy Herman said that’s a separate 20 conclusion. 21 VOTE: UNANIMOUS 22 23 Karen Barrows said the next conclusion is with regards to who owns the property. Susan Halkiotis said she still doesn’t 24 know who owns the property. Randy Herman said the board made a finding of fact that Wild Flora Farm, LLC, owns the 25 property so he does not mind making that motion. Barry Katz said the board can agree to that. 26 27 MOTION by Randy Herman moved to conclude as a matter of law that the property is owned by Wild Flora Farm, LLC. 28 Barry Katz seconded. 29 VOTE: UNANIMOUS 30 31 Susan Halkiotis reminded the board that the last conclusion is with regards to whether the property owner holds the 32 certificate. 33 34 MOTION by Randy Herman to conclude as a matter of law that the owner of the property, Wild Flora Farm, LLC, is not a 35 holder of a qualifying farmer exemption certificate issued by the Department of Revenue. Susan Halkiotis seconded. 36 VOTE: UNANIMOUS 37 38 Susan Halkiotis asked to make a fourth conclusion that the property did not meet the statutory requirements for the 39 issuance of the decision made on October 13, 2017. 40 41 MOTION by Randy Herman to reverse the final and binding determination of staff as set forth in the letter dated October 42 13, 2017, that the property is a bona find farm purpose as set forth in the statutes. Barry Katz seconded. 43 DISCUSSION: Karen Barrows clarified with Randy Herman that the motion is that it’s not a bona fide farm or that the 44 exemption certificate was the issue. Randy Herman said he was saying that the exemption certificate was presented to 45 support the conclusion that it was a bona fide farm and because the property owner is not the same as the holder of the 46 certificate, that certificate cannot support that conclusion. 47 VOTE: UNANIMOUS 48 49 24