Special Rural Land Management Board meeting

Summary

Meeting Overview

The Rural Land Management Board met on July 19, 2018, at 4:00 p.m. in the Council Chamber at 101 East Vine Street, Lexington, Kentucky 40507, with Mayor Jim Gray presiding. The board addressed seven agenda items and took six motions to a vote during the session. The meeting included eight public comments from attendees.

Key actions included approval of a housing request for Sequoia Farm, LLC (Farm 11-2002), authorization of an amended per acre value for Farm 13-2002, and authorization to conduct an appraisal of Farm 1-2018. The board postponed approval of the May 30, 2018 minutes and postponed consideration of a request from Rudzik Farms, LLC (Farm 1-2007) pending the applicant's presence to describe their plans. The board also entered into closed session during the meeting and concluded with a motion to adjourn.

Attendance

The following individuals were present at the meeting on July 19, 2018:

• Zach Penn
• Beth Cawood Overman
• Greg
• Mary
• Tracy
• Chris Edwards
• Mr. Davis
• Mr. Robinson
• Mr. Lane
• Mr. Meyer
• Mr. Bell
• Debbie
• Donnie

No absences or late arrivals were recorded.

Votes and Decisions

Approval of the May 30, 2018 Minutes 28:13 Motion by Zach Penn, seconded by Mary. The vote to approve the May 30, 2018 minutes was postponed.

Housing Request from Farm 11-2002, Sequoia Farm, LLC 36:33 A motion to approve a housing request from Farm 11-2002, Sequoia Farm, LLC passed unanimously. The approval is contingent on approval from the LFUCG Division of Building Inspection.

Closed Session 37:24 Motion by Mr. Bell, seconded by Ms. Maher. A motion to enter into Closed Session pursuant to KRS 61.810(1)(b) to discuss potential acquisition of real property interest passed unanimously.

Amended Per Acre Value for Farm 13-2002 47:09 Motion by Mr. Meyer, seconded by Ms. Maher. A motion to authorize an amended per acre value for Farm 13-2002 as discussed in closed session passed unanimously.

Appraisal of Farm 1-2018 47:09 Motion by Mr. Meyer, seconded by Ms. Maher. A motion to authorize appraisal of Farm 1-2018 as discussed in closed session passed unanimously.

Adjournment 48:13 A motion to adjourn passed unanimously.

Public Comment

Several speakers raised concerns about meeting minutes accuracy and board communication practices during this session.

Minutes Accuracy and Record Retention

Zach Penn opened public comment by criticizing the May 30, 2018 minutes as incomplete, noting they failed to capture extensive discussions on farm recruitment, federal rules, backlog of closings, funding requests, communication issues, and NRCS coordination 3:30. He emphasized that accurate minutes serve as an important historical record and voted against approval.

Mr. Robinson reinforced this concern, stating that minutes should reflect the substance and flavor of meetings for board members and the public 18:50. Mr. Davis similarly expressed concern that the minutes were inaccurate and missing significant content, noting that tapes are destroyed after seven years and that the public deserves access to accurate records 22:41.

Ms. Van Meenor proposed amending the minutes to include general discussion topics such as pending easements, backlog, NRCS meetings, and approval acceleration efforts, in an effort to reach consensus on the vote 12:53.

Board Responsiveness and Open Meetings Law

Zach Penn criticized the board for allowing process to override content, arguing that public comment should not be ignored and that the board must respond to applicants, particularly those with long-standing relationships with the program 10:36.

Penn also raised concerns about a letter from the Fayette Alliance that was sent to board members but not received by him, questioning whether this constituted a violation of open meetings law 26:31.

Mr. Lane questioned whether minutes are required to be kept permanently and asked if the board violated open meetings law by discussing off-agenda items during public comment 24:19.

Process Improvement Suggestion

Mr. Penn suggested adding a note to meeting notices to inform the public that speaking requires being on the agenda, especially in special meetings, to avoid frustration 31:26.

Contested Items

The July 19, 2018 meeting included three significant areas of disagreement among board members and staff.

Accuracy and Completeness of Meeting Minutes

Multiple board members, particularly Zach Penn, raised concerns that the meeting minutes were incomplete and failed to reflect key discussions that had taken place. This dispute was heated in nature. The disagreement resulted in a motion to redraft and resubmit the minutes for approval at the next meeting rather than approving them as presented.

Board Responsiveness to Public Comment

A procedural dispute emerged regarding whether the board could respond to public comment during a special meeting. Board members debated the appropriate process for engaging with public speakers, with concerns raised that the existing procedures were hindering substantive content and preventing meaningful engagement with applicants who had submitted comments.

Open Meetings Law and Off-Agenda Discussion

Disagreement arose over whether discussing off-agenda items during public comment violated open meetings law. Legal counsel provided guidance on this matter, advising that while public comment on off-agenda topics is permitted, board responses must be approached cautiously and cannot lead to formal action on those items. This procedural dispute reflected broader concerns about balancing transparency and public participation with legal compliance requirements.

Approval of the May 30, 2018 Minutes

3:30

The board reviewed the minutes from the May 30, 2018 meeting. Several members raised concerns about the accuracy and completeness of the documented record.

Board members argued that the minutes failed to adequately reflect extensive discussions that had taken place during the previous meeting. Specifically, they noted that significant conversations regarding farm recruitment, funding, backlog issues, and communication were not properly captured in the submitted minutes.

Key speakers in this discussion included Zach Penn, Beth Cawood Overman, Tracy, Mr. Robinson, Mr. Davis, and Mr. Lane.

Rather than approve the minutes as presented, the board determined that the minutes required substantial revision to accurately represent the scope and content of the May 30 meeting. A motion was made to redraft the minutes and resubmit them for approval at the next scheduled meeting.

Outcome: The approval of the May 30, 2018 minutes was postponed pending revision and resubmission.

Farm 11-2002, Sequoia Farm, LLC: Motion to approve housing request

Beth Cawood Overman presented a request from Sequoia Farm, LLC to replace a mobile home with a 1,600 square foot permanent tenant house on a 132-acre horse farm 32:36.

Proposal Details

The applicant sought approval to construct a permanent residential structure to replace an existing mobile home on the property. The new house would be 1,600 square feet in size.

Staff Assessment

Staff determined that the proposed housing replacement was permitted under the existing easement on the property. No conservation concerns were identified with the proposal. Staff recommended approval of the motion contingent upon Building Inspection approval of the project.

Outcome

The motion to approve the housing request was approved.

Farm 1-2007, Rudzik Farms, LLC – Postpone unless present to describe plans

36:33

The board discussed agenda item III.B regarding Farm 1-2007, Rudzik Farms, LLC. The board agreed to postpone discussion of this matter until the applicant could appear before the board to present their plans. No vote was taken on this item.

Outcome: The discussion was postponed pending the applicant's presence.

Motion to enter into Closed Session

37:24

The board unanimously voted to enter closed session under KRS 61.810(1)(b) to discuss the potential acquisition of a real property interest. The board determined that public discussion of this matter could affect the property's value, making a closed session appropriate under Kentucky law.

Key speakers on this agenda item included Mr. Bell and Ms. Maher.

Outcome: The motion was approved unanimously.

Motion to authorize amended per acre value for Farm 13-2002

47:09

Following a closed session discussion, the board considered a motion to authorize an amended per acre value for Farm 13-2002.

Key Speakers

• Mr. Meyer
• Ms. Maher

Outcome

The board unanimously approved the motion to authorize the amended per acre value for Farm 13-2002. The specific details of the amended valuation were discussed during the closed session portion of the meeting.

Motion to authorize appraisal of Farm 1-2018

47:09

The board considered a motion to authorize an appraisal of Farm 1-2018. Key speakers on this item included Mr. Meyer and Ms. Maher.

The motion was discussed in relation to matters that had been addressed during the closed session portion of the meeting.

Outcome

The board unanimously approved the motion to authorize the appraisal of Farm 1-2018.

Motion to adjourn

48:13

The meeting was adjourned unanimously after all agenda items were addressed. The motion to adjourn was approved.