ŠĻą”±į>ž’ §©ž’’’„¦’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’ģ„Į%` šæµbjbj•ٕ٠:ŗ÷³÷³syA’’’’’’¤hhhhhhh|DHDHDH8|HTŠH||šh(XIXIXIXIXIXIrI ~Iõg÷g÷g÷g÷g÷g÷g$Āih*l”h9hśaXIXIśaśahhhXIXIThŗcŗcŗcśaXhXIhXIgvŗcśaõgŗcŗcųcKhhSdXILI °†½×żŹDHRbXCdgljh0šhKd¾lŖbø¾lSdSd¾lhgd¬†IrųQŗcXŌŌ\&†I†I†IhhbcX†I†I†Išhśaśaśaśa|||ä(`-ä|||`-|||hhhhhh’’’’ STATE AGRICULTURE DEVELOPMENT COMMITTEE Department of Agriculture Market and Warren Streets 1st Floor Auditorium Trenton, NJ 08625 REGULAR MEETING February 25, 2010 Chairman Fisher called the meeting to order at 9:05 a.m. In compliance with the “Open Public Meetings Notice”, the following statement was read: “Pursuant to N.J.S.A. 10:4-6 et seq., adequate public notice of this meeting has been provided by giving written notice of the time, date, location and, to the extent known, the agenda. At least 48 hours in advance, this notice has been posted on the public announcement board, third floor, Health/Agriculture building, John Fitch Plaza, Trenton, NJ, mailed and/or faxed to the Newark Star Ledger, the Times of Trenton, the Camden Courier Post, and filed with the Office of the Secretary of State.” Roll call indicated the following: Members Present Douglas H. Fisher, Chairperson (Via Telephone Conferencing) Judeth P. Yeany (rep. DEP Acting Commissioner Martin) (Via Telephone Conferencing) (Arrived at 9:15 a.m.) Christopher Chianese (rep. State Treasurer Andrew P. Sidamon-Eristoff) Jim Requa (rep. DCA Acting Commissioner Grifa) James Waltman (Arrived at 9:10 a.m.) Torrey Reade (Via Telephone Conferencing) Stephen P. Dey Alan Danser Denis C. Germano Jane Brodhecker (Via Telephone Conferencing) Members Absent Brian Schilling Robert J. Baumley, Deputy Executive Director Jason Stypinski, Deputy Attorney General Others present as recorded on the attendance sheet: Heidi Winzinger, Charles Roohr, Hillary Barile, Paul Burns, Edgar Madsen, Dan Knox, Timothy Brill, Gail Harrje, Steve Bruder, David Kimmel, Cassandra McCloud, Patricia Riccitello and Sandy Giambrone, SADC staff, Daniel Pace, Mercer County Agriculture Development Board, Brian Wilson, Burlington County Agriculture Development Board, Gregory Romano, New Jersey Conservation Foundation, Thomas Hower, Governor’s Authorities Unit. Minutes A. SADC Regular Meeting of January 28, 2010 (Open Session) It was moved by Dr. Dey and seconded by Mr. Germano to approve the open session minutes of the SADC regular meeting of January 28, 2010. The motion was approved (Ms. Brodhecker, and Mr. Chianese abstained). B. SADC Regular Meeting of January 28, 2010 (Closed Session) It was moved by Dr. Dey and seconded by Mr. Germano to approve the closed session minutes of January 28, 2010. The motion was approved (Ms. Brodhecker and Mr. Chianese abstained). REPORT OF THE CHAIRPERSON Ųš Wind/Solar Bill Passed Chairman Fisher stated that an area that has been getting many requests and tremendous interest in is the passage of S-1538 dealing with wind and solar facilities. There are a number of requests coming in requesting clarity such as how much coverage and how much production can be done with wind and solar development. He stated that the Department has put together a couple of questions which was sent to the Office of the Attorney General for advice. He stated that many people are ready to move quickly and we do not want to be the impediment but we want to make sure that as we move forward we take away as much confusion as possible so that this will work as well as everyone expected. Chairman Fisher requested that Vice Chairman Danser preside over the meeting at this point since he was present in the room. REPORT OF THE DEPUTY EXECUTIVE DIRECTOR Mr. Baumley discussed the following with the Committee: New Representative for the Governor’s Authorities Unit and Alternate Designee for the Department of Treasury Mr. Baumley introduced Thomas Hower to the Committee. He stated that Mr. Hower is now the Legal representative for the Governor’s Authorities Unit assigned to the SADC meetings. He introduced Christopher Chianese to the Committee. Mr. Chianese is the alternate designee for the Department of Treasury. The new permanent designee under the new Administration will be George McElroy, who was one of the first SADC members representing the Department of Treasury back in 1983/84. Mr. McElroy was unable to attend today’s meeting. Agriculture Convention Mr. Baumley stated that the Committee has been supplied with the various resolutions that were passed from the 2010 Agriculture Convention. He stated that there is a resolution pertaining to farmland preservation that was passed, which was supported by the convention attendees and also there was strong support for a permanent funding source for the program. He stated that no decision has been made regarding the availability of 2009 funds. There was also a resolution pertaining to the Right to Farm Program, also with strong support for that program and the protections it provides and the development of new agricultural management practices. There was also a resolution pertaining to the Highlands regional master plan and how it interacts with the farmland preservation programs and support for the dual appraisal valuation process. There was a resolution pertaining to the Pinelands Program and one for land use. Mr. Baumley stated that there were two listening sessions at the agriculture convention and SADC staff attended those sessions and it was a good opportunity to hear the various comments and concerns. Deed of Easement Subcommittee Mr. Baumley stated that the Deed of Easement subcommittee has been meeting on a regular basis with the last meeting being held in the early part of February and another meeting scheduled for March. He stated that the subcommittee is hoping to have some guidelines prepared at its March meeting for interpreting the deed of easement. It is hoped that the guidelines will be ready for the Committee’s review, perhaps in March, depending on schedules, and then it would be made available to the counties. Mr. Baumley stated that the two Rutgers studies have been on-going for some time and staff is hoping that the final reports will be submitted this week and then presented to the subcommittee for review at its March meeting. Department of Defense Meeting Mr. Baumley stated that SADC staff met with Department of Defense staff yesterday, which occurs on an annual basis. This group represents all of the defense units and what we have done was to invite all of the county representatives that are contiguous to military bases. What we are trying to do is secure additional funding from these sources for farmland preservation purposes. He stated that Burlington County has been successful in securing funding and preserving some farms with that funding. He stated that the meeting was very well attended and it was very productive. Solar/Wind Bill Mr. Baumley stated that Chairman Fisher mentioned earlier the wind, solar and biomass bill and staff has been reviewing that bill very closely and are planning to have an internal discussion tomorrow with the Department since both the Department of Agriculture and the SADC have responsibilities under this legislation. Once we have some clarity from the Office of the Attorney General’s Office on what may or may not be necessary with the rulemaking process, we hope to reach out to some of the other agencies to coordinate regarding rule development and procedures, such as Treasury, the NJ DEP, the Board of Public Utilities and the Pinelands Commission. Mr. Baumley stated that hopefully we can get the information out to the counties soon since they also have a responsibility for reviewing applications on preserved farmland. COMMUNICATIONS Vice Chairman Danser reminded the Committee to take home the various communication documents that were provided in the meeting binders. PUBLIC COMMENT SADC Staff person Dan Knox addressed the Committee to update it on the recent fee simple auctions that took place in February. Overall, the auctions were quite successful, although not all of the farms sold. There were no bidders on the Sassi farm and the Holgate farm sold with an RDSO. One of the auctions in the north was cancelled due to severe weather conditions and was rescheduled. NEW BUSINESS A. Eight Year Farmland Preservation Program: Renewals, Terminations and Withdrawals Mr. Baumley referred the Committee to the Eight Year Program Summary For FY 2010 for renewals, terminations and withdrawals of eight year programs and municipally approved eight year programs. He reviewed the specifics as follows with the Committee: Renewals: None Withdrawals: None Terminations: 1. Richard and Theresa Lanza, SADC #0111-01F-01/01-0070-8F Township of Galloway, Atlantic County, 60 Acres Soil and water conservation cost share funds remaining at time of termination: $26,358.66 ($5,641.34 expended). 2. Larry and Isabella Lui, SADC #0105-21F-01/01-0032-8F Buena Vista Boro, Atlantic County, 106.27 Acres Soil and water conservation cost share funds remaining at time of termination: $40,627.00 ($0.00 expended). Mr. Baumley indicated that this was for informational purposes only and that no action is needed by the Committee. B. Resolution for Approval – Amended Agricultural Development Area Criteria and Map 1. Mercer County Mr. Brill referred the Committee to Resolution FY2010R2(1) for a request by the Mercer County Agriculture Development Board for the SADC to certify its amended agricultural development area (ADA) map. He reviewed the specifics with the Committee and stated that staff recommendation is to certify the amended ADA criteria and map as presented and discussed. It was moved by Dr. Dey and seconded by Mr. Germano to approve Resolution FY2010R2(1) certifying the amendment to the Mercer County Agriculture Development Board’s Agricultural Development Area criteria and map dated December 7, 2009, as presented and discussed, subject to any conditions of said Resolution. The motion was unanimously approved. (A copy of Resolution FY2010R2(1) is attached to and is a part of these minutes.) C. Resolution for Approval: FY 2009 Planning Incentive Grant Program 1. Final Approval of Municipal Planning Incentive Grant Program Application including the Comprehensive Farmland Preservation Plan and Project Area Summary for Montgomery Township and Bedminster Township, Somerset County Mr. Brill and Mr. Bruder referred the Committee to Resolution FY2010R2(2) for a request for final approval of the Municipal Planning Incentive Grant Program application including the comprehensive farmland preservation plan and project area summary for Montgomery and Bedminster Townships in Somerset County. They reviewed the specifics of the resolution with the Committee and stated that staff recommendation is to grant final approval as presented and discussed. It was moved by Mr. Germano and seconded by Dr. Dey to approve Resolution FY2010R2(2) granting final approval of the Municipal Planning Incentive Grant Program Application including the Comprehensive Farmland Preservation Plan and Project Area Summary for Montgomery Township, Somerset County, as presented and discussed, subject to any conditions of said resolution and to approve granting final approval of the Municipal Planning Incentive Grant Application including the Comprehensive Farmland Preservation Plan and Project Area Summary for Bedminster Township, Somerset County, as presented and discussed, subject to any conditions of said resolution. The motion was unanimously approved. (A copy of Resolution FY2010R2(2) is attached to and is a part of these minutes.) D. Resolution for Approval – FY 2010 Planning Incentive Grant Program 1. Final Approval of Municipal Planning Incentive Grant Program Application including the Comprehensive Farmland Preservation Plan and Project Area Summary for Union Township, Hunterdon County Mr. Brill and Mr. Bruder referred the Committee to Resolution FY2010R2(3) for a request for final approval of the Municipal Planning Incentive Grant Program application including the comprehensive farmland preservation plan and project area summary for Union Township, Hunterdon County. They reviewed the specifics of the resolution with the Committee and stated that staff recommendation is to grant final approval as presented and discussed. It was moved by Dr. Dey and seconded by Ms. Brodhecker to approve Resolution FY2010R2(3) granting final approval of the Municipal Planning Incentive Grant Program Application including the Comprehensive Farmland Preservation Plan and Project Area Summary for Union Township, Hunterdon County, as presented and discussed, subject to any conditions of said resolution. The motion was unanimously approved. (A copy of Resolution FY2010R2(3) is attached to and is a part of these minutes.) E. Request for Amended Final Approval – Former Rule County Easement Purchase Program - 2008 1. Dunwalke Farms LLC (four farms), Bedminster Township, Somerset County Ms. Winzinger referred the Committee to Resolution FY2010R2(4) for a request for amended final approval for the four Dunwalke Farms, located in Bedminster Township, Somerset County, known as Block 12, Lot 3.06 (Farm # 1), comprising 68.5596 net acres; Block 12, Lot 3.07 (Farm # 2), comprising 57.52547 net acres; Block 12, Lot 3 (Farm # 3), comprising 75.42411 net acres and Block 12, Lot 3.08 (Farm # 4), comprising 44.75808 net acres. She stated that these farms are located in the Highlands Planning Area. She stated that in June 2007 the SADC granted final approval to these properties. She stated that the County and the owner acknowledge that this is a bargain sale and the owner intends to claim a charitable income tax deduction for the difference between the sale price of the deed of easement and its full fair market value. The owner and their counsel feel that they must obtain restrictive language in the deed of easement limiting the amount of impervious cover to five (5) percent to ensure that the bargain sale is tax deductible for IRS purposes. The restrictions were included in the County’s contract with the owner for each farm. She referred the Committee to the resolution for specific acreage numbers relating to the impervious coverage for each farm. Ms. Winzinger stated that staff recommendation is to grant amended final approval as presented and discussed. It was moved by Dr. Dey and seconded by Mr. Germano to approve Resolution FY2010R2(4) granting amended final approval to the Dunwalke Farms LLC, known as Block 12, Lot 3.06 (Farm # 1), comprising 68.5596 net acres; Block 12, Lot 3.07 (Farm # 2), comprising 57.52547 net acres; Block 12, Lot 3 (Farm # 3), comprising 75.42411 net acres and Block 12, Lot 3.08 (Farm # 4), comprising 44.75808 net acres, located in Bedminster Township, Somerset County, to include a five (5) percent impervious coverage limitation for each farm noted above, based on the USDA, NRCS Farm and Ranch Lands Protection Program definition of “impervious surface”, and that there is no change to the SADC previously approved cost shares from its June 22, 2007 final approval for a cost share grant to Somerset county for the purchase of a development easement on the above noted farms, as presented and discussed, subject to any conditions of said resolution. The motion was unanimously approved. (A copy of Resolution FY2010R2(4) is attached to and is a part of these minutes.) F. Request for Final Approval – New Rule County Planning Incentive Grant Program 1. Sette Farm, Jackson Township, Ocean County Ms. Winzinger referred the Committee to Resolution FY2010R2(5) for a request for final approval on the Richard Sette et al farm, known as Block 22701, Lot 13, in Jackson Township, Ocean County, totaling approximately 31.6 net acres. She reviewed the specifics of the request with the Committee. She stated that the County has requested to encumber an additional three (3) percent acreage buffer, therefore 32.548 acres would be used to calculate the grant need. Ms. Winzinger stated that staff recommendation is to grant final approval as presented and discussed. It was moved by Dr. Dey and seconded by Mr. Germano to approve Resolution FY2010R2(5) granting final approval to the Richard Sette et al Farm, known as Block 22701, Lot 13, Jackson Township, Ocean County, 31.6 net acres, at a State cost share of $18,600.00 per acre (60% of the certified market value) for a total grant of approximately $605,392.80, utilizing base grant funds and also utilizing an additional three (3) percent buffer for possible final surveyed acreage increases, therefore 32.548 acres will be used to calculate the grant need, as presented and discussed, subject to any conditions of said resolution. The motion was unanimously approved. (A copy of Resolution FY2010R2(5) is attached to and is a part of these minutes.) G. Request for Amended Final Approval: New Rule County Planning Incentive Grant Program 1. Demeter # 1 Farm, White Township, Warren County (FRPP) This agenda item was forward to the Governor’s Authorities Unit for review and approval via substantive minutes on February 25, 2010. Ms. Winzinger referred the Committee to Resolution FY2010R2(6) for a request for amended final approval of the Frank Demeter # 1 Farm, known as Block 13, Lot 30, White Township, Warren County, 77.31 acres. The application originally received final approval in September 2009. Since that time Warren County, in participation with the New Jersey Conservation foundation (NJCF), has requested to utilize federal funding which the NJCF has available in the amount of $46,386.00 ($600.00 per acre x 77.31 acres) to further leverage available County funding for farmland preservation. The owner has agreed to the additional restrictions associated with the use of federal funding including a three (3) percent impervious cover restriction equal to approximately 2.38 acres of land available for the construction of agricultural infrastructure outside of the exception area on the property. The use of federal funding requires a closing deadline date of March 31, 2010. If the FRPP grant funds are not utilized by that date, the funds will be lost. The property includes one (1), one-acre nonseverable exception for a future residence. There is a pre-existing air monitoring station, described as a small box on a flagpole within a fenced in area of approximately 15 feet by 15 feet on the property under lease by the county, which will be noted as a pre-existing nonagricultural use in the deed of easement. Warren County has requested to encumber an additional three percent buffer for possible final surveyed acreage increases, therefore 79.630 acres will be utilized to calculate the grant need. Staff recommendation is to grant amended final approval. It was moved by Dr. Dey and seconded by Mr. Germano to approve Resolution FY2010R2(6) granting amended final approval to the Frank Demeter # 1 farm, known as Block 13, Lot 30, White Township, Warren County, 79.630 acres, at a State cost share of $4,900.00 per acre (61.25% of the certified market value and 61.25% of the purchase price) for a total grant of approximately $390,187.00, of which $13,669.25 is to be encumbered from the base grant and $376,517.75 from the competitive grant fund, and that Warren County, in participation with the New Jersey Conservation Foundation will utilize $46,386.00 in federal Farm and Ranch Lands Protection Program funds ($600.00 per acre x 77.31 acres) to further leverage available County funding for farmland preservation efforts, which includes a three (3) percent impervious coverage limitation, equal to approximately 2.38 acres on the land available for the construction of agricultural infrastructure outside of the exception area on the property, subject to any conditions of said resolution. The motion unanimously approved. (A copy of Resolution FY2010R2(6) is attached to and is a part of these minutes.) H. Request for Final Approval: New Rule Municipal Planning Incentive Grant Program (FRPP) 1. Piedilato Farm, Bedminster Township, Somerset County This agenda item was forward to the Governor’s Authorities Unit for review and approval via substantive minutes on February 25, 2010. Ms. Winzinger referred the Committee to Resolution FY2010R2(7) for a request for final approval of the Ignazio A. and Janet Piedilato Farm, known as Block 40, Lot 2, Bedminster Township, Somerset County, 58.717 acres. The property is in the Highlands Planning Area. The property includes a 7.076 acre nonseverable exception for existing residences, which include two existing residences and a barn apartment. Somerset County did not provide funding for this application and as such, will not hold the easement on the property. The SADC will hold the development easement on this farm since the county is not a funding partner. Bedminster Township and the New Jersey Conservation Foundation (NJCF) have agreed to assist each other funding farms where they have a mutual interest within their Planning Incentive Grant areas in order to further leverage available funding for farmland preservation events. The NJCF has agreed to utilize grant funding it has available from the Federal FY 2008 USDA, NRCS Federal Farm and Ranch Lands Protection Program in the amount of $999,500.00 or 52.61% of the certified market value and purchase price to supplement funding shortfalls for the easement purchase. The use of federal funds requires a closing deadline date of March 31, 2010. If the FRPP grant funds are not utilized by that date, the funds will be lost. The landowners have agreed to the additional restrictions associated with the use of the federal funds, which include a four (4) percent impervious cover restriction equal to 2.349 acres of land out side of the exception area. Staff recommendation is to grant final approval. It was moved by Dr. Dey and seconded by Mr. Germano to approve Resolution FY2010R2(7) granting final approval to the Ignazio A. Piedilato and Janet Piedilato farm, known as Block 40, Lot 2, Bedminster Township, Somerset County, 58.717 acres, at a State cost share grant equal to the entire Township’s Planning Incentive Grant appropriation, which is $750,000.00 (31.15% of the certified market value, 39.47% of the purchase price), with the New Jersey Conservation Foundation utilizing USDA, NRCS Federal Farm and Ranch Lands Protection Funding in the amount of $999,500.00 or 52.61% of the certified market value and purchase price to supplement funding shortfalls for the easement purchase of this farm, which includes additional impervious coverage restrictions of four (4) percent, equal to 2.349 acres of land, which the landowners have agreed to, and that the SADC would hold title to the easement, subject to any conditions of said resolution. The motion unanimously approved. (A copy of Resolution FY2010R2(7) is attached to and is a part of these minutes.) I. Substantive Minutes of February 25, 2010 (portion of Open Session) 1. Request for Amended Final Approval: New Rule County Planning Incentive Grant Program a. Demeter # 1 Farm, White Township, Warren County (FRPP) 2. Request for Final Approval: New Rule Municipal Planning Incentive Grant Program (FRPP) a. Piedilato Farm, Bedminster Township, Somerset County This agenda item was forward to the Governor’s Authorities Unit for review and approval via substantive minutes on February 25, 2010. Ms. Winzinger stated that as discussed earlier the above two requests for final approval will be utilizing New Jersey Conservation Foundation Federal Farm and Ranch Lands Protection Program funding, which must be utilized by the deadline date of March 31, 2010 or the funds will be lost. Staff recommendation is to approve these substantive minutes and forward them to the Governor’s Authorities Unit in order to begin the fifteen (15) day review process. It was moved by Mr. Germano and seconded by Ms. Brodhecker to grant approval to the substantive minutes as presented and discussed and to provide the substantive minutes to the Governor’s Authorities Unit for its review and approval. The motion was unanimously approved. PUBLIC COMMENT None Dr. Dey inquired about information in the meeting packet pertaining to a new SADC staff person, Hillary Barile. Mr. Baumley stated that a formal introduction pertaining to Ms. Barile will occur at the March meeting, along with other farmland stewardship issues. Mr. Baumley stated that since Dr. Dey mentioned Ms. Barile, and she is in the audience, he stated that SADC staff has been coordinating with Secretary Fisher, and hired a temporary employee, Ms. Barile to work on developing a monitoring program in relation to the farmland stewardship aspects of the SADC’s responsibilities. He stated that staff will provide the Committee with more information at the next meeting. He stated that because of the uncertainty of having this meeting due to weather conditions, the farmland stewardship items and Ms. Barile’s formal introduction to the Committee along with a discussion of her duties will be held at next month’s meeting. TIME AND PLACE OF NEXT MEETING SADC Regular Meeting: Thursday, March 25, 2010, beginning at 9:00 a.m. Location: Health/Agriculture Building, First Floor Auditorium. CLOSED SESSION At 10:10 a.m. Dr. Dey moved the following resolution to go into Closed Session. The motion was seconded by Mr. Germano and unanimously approved. “Be it resolved, in order to protect the public interest in matters involving minutes, real estate, attorney-client matters and personnel, pursuant to N.J.S.A. 10:4-12, the NJ State Agriculture Development Committee declares the next one hour to be private to discuss these matters. The minutes will be available one year from the date of this meeting.” Action as a Result of Closed Session A. Real Estate Matters – Certification of Values County Planning Incentive Grant Program It was moved by Mr. Germano and seconded by Dr. Dey to certify the development easement values for the following landowners as presented and discussed in closed session, with a condition placed on the certification of development easement value on the Carmen Adamucci, Sr. Farm # 1 that if SADC staff finds that there is an area of disturbance occurring on a portion of the property as outlined in the color photo presented to the Committee, that is not permissible under the Deed of Easement, the Committee’s certification is invalidated and the issue will come back to the Committee for further review: 1. SF Systems Company (Sheppard) Block 259, Lot 1, Lawrence Township, Cumberland County, 42 Acres 2. Kevan A. Coll (#1) Block 25, Lot 10 p/o, Stow Creek Township, Cumberland County, 47 Acres 3. Kevin A. Coll (#2) Block 25, Lot 10 p/o, Stow Creek Township, Cumberland County, 41 Acres 4. Farrand Farm LP (Daniel and Janet - # 5) Block 33, Lots 69.02 and 70.02., Washington Township, Morris County, 27 Acres 5. Daniel Farrand (#6) Block 33, Lot 68, Washington Township, Morris County, 14 Acres 6. Brian and Susan DelVecchio Block 68, lot 23.01, Lawrence Township, Cumberland County, 45 Acres 7. Burlington County/Hainsport LLC Block 111, Lots 12.01 and 12.02, Hainesport Township, Burlington County, 81 Acres 8. Carmen Adamucci, Sr., (#1) * Block 75, Lots 8, 9, 10, 10.01 and 10.02, Hopewell Township, Cumberland County, 125 Acres * Discussion: Dr. Dey inquired about an area on the wetlands map shown in closed session and questioned what looked to be an area of disturbance on a portion of the land. The Committee requested conditional certification of value contingent upon getting clarification as to the nature of the disturbance to the area in question. Mr. Baumley stated that there is a question of a potential mining operation or a disturbance on this property. Mr. Danser commented that the Committee could certify the development easement value as discussed in closed session on the assumption that this could be a permitted and acceptable use and if staff’s investigation determines otherwise the approval is invalidated and it has to come back to the Committee for further review. Mr. Stypinski stated that the Committee could condition approval on clarification. Mr. Waltman stated that there are two issues, one is if what they are doing is legitimate. If they are conducting a sand and gravel operation that permanently alters the soils, we should be very cautious in approving this. He stated that the condition should be carefully written. Mr. Germano stated that if what they are doing is not permissible under the deed of easement it will have to come back to the Committee. Mr. Baumley stated that it might even be soil disturbance, possibly not a mining operation but we need to make sure that we do not have a situation here that is similar to the denHollander issue. Certification of the development easement value on this property is conditioned upon staff clarification of the nature of disturbance on a portion of this property as discussed in closed session. If the nature of disturbance is not permissible under the Deed of Easement, then Committee certification is void and this issue will need to come back to the Committee for further review. The motion was unanimously approved. (Copies of the Certification of Value Reports are attached to and are a part of the closed session minutes.) Direct Easement Purchase Program It was moved by Mr. Germano and seconded by Dr. Dey to certify the development easement values for the following landowners as presented and discussed in closed session: 1. Daniel R. Hitchner Block 105, Lots 5.01 and 11; Block 107, Lots 2 and 3, Alloway Township, Salem County, 138 Acres 2. John and Melanie Richman Block 20, Lots 2 and 2.01; Block 21, Lot 1, Mannington Township, Salem County, 97 Acres 3. Tark, Jr. and Rauch # 1 Farm Block 53, Lots 37 and 38, Mannington Township, Salem County, 102 Acres 4. William and Elizabeth Kelly Farm # 5 Block 8, Lot 8, Pilesgrove Township, Salem County, 130 Acres 5. High Ridge Holding Company # 1 (Wojcik Farm) Block 27, Lot 22, Upper Freehold Township, Monmouth County, 201 Acres 6. High Ridge Holding Company # 2 (Martin D. Wojcik) Block 27, Lot 23, Upper Freehold Township, Monmouth County, 130 Acres The motion was unanimously approved. (Copies of the Certification of Value Reports are attached to and are a part of the closed session minutes.) 2006 County Easement Purchase Program – Amended Certification It was moved by Mr. Germano and seconded by Dr. Dey to certify the development easement value for the following landowner as presented and discussed in closed session: 1. Susan Peach Block 30, Lot 35, Washington Township, Morris County, 115 Acres The motion was unanimously approved. (A copy of the Certification of Value Report is attached to and is a part of the closed session minutes.) B. ATTORNEY/CLIENT MATTERS None ADJOURNMENT There being no further business, it was moved by Dr. Dey and seconded by Mr. Waltman ]_–”©¼ÜU d € ” × ō ! O S T ] ‘ © ¶ Ō š  . / ? 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