Agricultural and farmland protection plan hits rewind

NORTH EAST — The status of the town’s Agricultural and Farmland Protection Plan (AFPP) was discussed at the Thursday, Feb. 11, Town Board meeting. Attorney to the Town Warren Replansky had questions regarding the most recent public hearing on the plan, which was held Jan. 21. He subsequently did some research, the results of which he presented last week.

“I was recently asked to get involved in the plan’s approval,� he said, “but there wasn’t a quorum of the board at the public hearing. I researched the Ag and Markets law and it does require a public hearing [to adopt the plan], and a public hearing does require a quorum of the board.�

Replansky added that there are cases when a public hearing can be nullified because there was no quorum. In the Town Board’s case, three out of the five board members must be present to fill a quorum. At the January public hearing, only town Supervisor Dave Sherman and town Councilman Carl Stahovec attended; Councilmen Dave McGhee, Steve Merwin and Tim Shafer (who was sick) did not.

“It shouldn’t have gone forward at that point,� Replansky said. “You can’t tell Ag and Markets you had a public hearing if it wasn’t valid. Also, the Town Board members can’t vote on a plan if they weren’t at the public hearing [to learn about it]. I’m recommending you hold another public hearing.�

Replansky went on to say that the plan also needs to undergo an environmental review, something that had not previously been considered by the Agricultural and Farmland Protection Plan Committee, or really by the Town Board, for that matter. The attorney said the AFPP was not exempt from the SEQRA (State Environmental Quality Review Act) process. He said it would likely be a Type 1 action and need to go through the long form Environmental Assessment Form (EAF).

“It’s not a big deal, but because it’s a Type 1 action under SEQRA you have to fill that out and then solicit for lead agency,� Replansky said, adding that it’s likely the town will win that status. He said Ag and Markets and the County’s Farmland Board would be the only other likely contenders. “I recommend you err on this slightly conservative side and file for Type 1. I will apply for lead agency and notify the other agencies.�

He also suggested getting in touch with the town’s consultants at the American Farmland Trust (AFT) to review the plan and answer any lingering questions. A March 4 workshop meeting was scheduled at 7 p.m. for that purpose. In the meantime, Replansky said Ag and Markets needs to be contacted about extending the contract for the $25,000 grant awarded to the town for creating the AFPP.

“We have to make sure we’re not in any danger of our contract expiring,� he said.

“I did get the impression that the Town Board does understand the urgency of an extension,� Conservation Advisory Council (CAC) Chair and AFPP Committee member Dianne Engleke said following the meeting. “And I do feel fairly confident that they will pass the plan, as it has always been their decision in the end.

“I would hope that there will be minimal changes made to the plan, which I think is a really good one and represents the  best thinking of the people who put it together as well as feedback from the public,â€� Engleke added. “And I think the committee will stay involved in the process certainly by looking at the latest revisions of the plan on the community center’s Web site, neccmillerton.org.â€�

A motion was made and passed by the Town Board to extend the contract.

The supervisor also declared the adoption of the plan a Type 1 action and to send notice of the town’s desire to be the lead agency in the SEQRA review to other interested and involved agencies. That motion was also approved.

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