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There is only one concern,the regulation states that the facility be devoted the production of crops, etc. There is no <br /> argument that the facility produces crops,but it is not devoted to that.The facility is also a hay brokerage company, <br /> which sells and buys hay from other farmers.The hay brokerage does not meet the definition of a farm nor does the <br /> other business activity described in the letter.This would be like a farmer with a packing facility. If the farmer wants to <br /> keep the exemptions for the farming,they separate the facilities into two business since the packing shed is not a farm. <br /> In my opinion devoted would signify that the farmer only farms and does not have side business.According to their <br /> website they sell,purchase and truck all types and sizes of hay,as a hay broker. <br /> We have other facilities in similar situations where they generate income as a farm.They also work for other farmers as <br /> harvesters,since they have the specialized equipment. For example there is another facility that that grows crops,like <br /> Gigli.They have very expensive harvesters they use on their properties and other farmers can't afford that equipment. <br /> They then are hired by other farmers to harvest their crops. We have been treating these as a non-farming related <br /> business since they are being paid to harvest what they didn't grow.This is what Gigli is doing,they buy and sell hay that <br /> they do not grow. <br /> In my opinion a mix use farming business is not devoted to farming.They may separate their businesses and get a <br /> farming account and another account for the non-farming business. But if department policy will be that mix use <br /> business will be farms,that's what they will be classified as. But this may get complicated with a farmer who also owns a <br /> mechanic shop for farm equipment on the property or similar situations. <br /> If we treat Gigli as a farm we should go back and classify the other mix use farming operations as farms as well and share <br /> the decision with the rest of the inspectors. HMBP regs have a similar definition,but it does not specify devotion. <br /> Thanks-Cesar <br /> —Original Message— <br /> From: Manzo, Elena K.<emanzo@sjgov.org> <br /> Sent:Tuesday,August 27,2019 2:52 PM <br /> To: Ruvalcaba,Cesar<cruvalcaba@sjgov.org>; Naidu, Muniappa<Mnaidu@sjgov.org> <br /> Subject: RE:Gigli's Lathrop(SPCC)-PR0527892 <br /> Hi Cesar <br /> Based on farm's definition and site's operation,this facility appears to meet the definition of farm. <br /> Please let me know if you have any questions Elena <br /> —Original Message— <br /> From: Ruvalcaba,Cesar<cruvalcaba@sjgov.org> <br /> Sent: Monday,August 26,2019 1:10 PM <br /> To: Manzo, Elena K.<emanzo@sjgov.org>; Naidu, Muniappa<Mnaidu@sjgov.org> <br /> Subject: RE:Gigli's Lathrop(SPCC)-PR0527892 <br /> HI <br /> Received a call from Joe Gigli and he wanted to know if we had come to a decision on whether his facility is a farm or <br /> not. I let him know that I had forwarded the letter to the both of you and that there would be a discussion on it but <br /> there have been scheduling issues. I let him know that as soon as the department makes the decision I will inform him. <br /> 4 <br />