PRESENT: ENV. Chair: M. Kaplowitz. Members: U. LaMotte;

J. Maisano. LEG. Chair: A. Stewart-Cousins.

Members: W. Ryan; T. Abinanti; J. Maisano; L. Mosiello; G. Oros.

STAFF: Steve Bass; Robert Hoch; Charlotte Ryer, Sec’y.

ALSO PRESENT: Tom Cogger (Farm & Open Space Preservation); Peter Kamenstein (Stony Creek Farm); Barbara Wilkens (Watershed Ag. Council); Lew Benton AG/Markets); Bob Stuart (Stuarts Farm); James Lee (Cornell Co-op Ext.); Carol Coggeshall (Soil & Water Bd.); Thomas Gardiner, Stacey Dolgin-Kmetz, Liz Salvi (Law Dept.); Michael J. Saviola (Plng. Dept.); Fedora DeLucia (Muscoot Farm Adv. Bd.); Anne Farrell, Libby Tarleton (Cabbage Hill Farm); Mark Doyle (Dutchess Co. Farm Bureau); Marilyn Leary (NY Farm Bureau); Dr. Thomas T. Sandford (DC Farm Land Protection Board Chair); Bill Randolph (CEO).

The meeting was called to order at 1:37 p.m. by Legislation Committee Chair, Legislator Stewart-Cousins who entertained the adoption of an Act that would create the Westchester County Agricultural Farmland Protection Board. Today’s meeting is joined with the Environment Committee in order to discuss this issue in detail. The meeting was turned over to Environment Committee Chair, Legislator Kaplowitz who then introduced the guests and visitors, and briefly explained that the joint committee meeting is the first in the step of discussion and moving toward the potential of signing out legislation to be presented to the full Board.

Chair Kaplowitz then called Stacy Dolgin-Metz of the Legal Department, to give a brief description of the proposed legislation. Ms. Dolgin-Metz explained that the Westchester County Agricultural

Farmland Protection Board will work with the Planning Board. This will be an 11-member Board, 7 members are chosen by the Chairman of the Board of Legislators, the other members are ex-officio members by virtue of their other County positions. Once the Board is appointed, the County then becomes eligible for State grants, and other available funds. Anne Farrell of Cabbage Hill Farms had petitions signed in support of the proposed Board.

Legislator Mosiello asked to explain the definition of "farm". Mr. Peter Kamenstein responded, stating that under Ag/Mrkt law, a farm is described as an entity that either has 10-acres and produces at least $10,000 gross income, or has less than 10-acres and produces more than $50,000 in gross income. Recently, the (NYS) legislature passed a law recognizing that commercial horse farms fall in the category and are now permissible to receive agricultural protection. Also recognized as farms are: nursery, vineyards, orchards, etc.

Lew Benton (Ag & Mrkt), noted that the state doesn’t recognize farm incomes mentioned to receive funding from state. Farm operation is defined as farm land, on-going buildings, equipment & practices which contribute to crops, livestock, and livestock products. Legislator Abinanti asked if the tax assessor determines farm status. Mr. Benton replied that the tax assessor determines whether or not an applicant is eligible under the statute (mentioned above) for farm status.

Ms. Barbara Wilkins commented on Legislator Abinanti’s question noting that it is a question that has been presented for the past 6-7 years to the Watershed Agricultural Council of New York City, and also with Westchester County for the past year. She emphasized that the question needs to be defined, and has also requested that Mike Saviola of the Planning Department to prepare a database with a grid showing how many parcels qualify under each "farm" category.

Legislator Mosiello asked what is the purpose of creating a Farm Board and what will this Board do? Bob Stuart of Stuart farms, explained that the Board will assist farms and serve as a voice for future farms.

Chair Kaplowitz asked what are the advantages and disadvantages of an Agricultural District? The District affords the farm community advantages and benefits, such as review of local ordinances, special assessments, etc.

Legislator Abinanti asked to define a district. His response was that it is a collection of viable land, locally initiated or individual parcels in the county. Legislator Ryan asked Ms. Wilkins what is biggest pressure? She responded the right to farm laws.

With no further business to discuss, on the motion of Legislator Maisano, seconded by Legislator LaMotte of the Environment Committee, and on the motion of Legislator Ryan, seconded by Legislator Maisano of the Legislation Committee, the meeting adjourned at 2:57 p.m.