Dart Acres will go up for sale

Dart Acres LLC dissolves! The reason I decided to fight the county unapologetically against all advice came with some perspective. I have worked for a state regulatory agency for 8 years. The inspectors I work with are trained to work with clients to gain compliance. Every indication I have been given by the county since their scrutiny is that the county did not want to work with me they wanted to tell me exactly what box my buisness fit into. They have all the control and can make life very hard for me as a small buisness owner. If they don't want to work with me from the beginning after I attempted to work with them I feel I have no choice but to fight back as hard as I can. Unfortunately my analysis of the situation has caused a lot of drama and made a lot of pleople very uncomfortable. Unfortunately I can't sit back and watch the county dissemble my small buisness and stay sane without fighting. I can't fight anymore though now that my partner has decided to bow out. I can't run this buisness or manage this property without her. I wouldn't want to and I don't have the strength. I cannot blame her for a second for her decision. While I love the farm and the project the property itself has no great meaning for me. If I can't freely assemble and pursue making a life worth living for me in a reasonable manner on my property there is no reason for me to own property. The stress, labor and cost is not worth it. For this reason I have decided to dismantle and sell Dart Acres. Not sure of the specifics but I'll let everyone know. I'll shutter up the Farmstand and  shut down the greenhouses Over the next few days. I can't afford or justify the heating and electricity with no future. God Bless!

Why won't I pay a $50 permit fee?

OKAY, for everyone who says I am throwing a temper tantrum from having to pay a $50 permit fee there are my REAL concerns: PLEASE READ. If feedback says apply for the permits I will. If it says fight like I WANT TO then I will. These are my REAL concerns.

Date: 1/27/17

To: Chesterfield County Building Inspection

Re: Letter of defect response

From: Norman L. Dart

This letter is to inform you that I have questions I need clarified and inquiries I need to make with other state and local agencies before I will be able to apply for the permits you requested.

1)      First of all I need to know more about the inspection process. The letter of defect you sent me states that the inspection process begins immediately after the permits are issued. I need to know how long after my application will the permits be approved. Once approval occurs will I be notified of the inspection? Will I be contacted to schedule a time and date for the inspection so I can be onsite to monitor the inspections?

2)      I also need to know who will perform the inspections. As it relates to the greenhouse I will need an inspector with significant greenhouse and agricultural building inspection experience. Wiring a greenhouse is very specialized. I had to recruit a master electrician who wired and maintains the greenhouses for Virginia State University Agricultural Station. As the owner I need to know the inspectors are qualified and have proper field experience. To evaluate this I will need to see resumes for each inspector prior to any more inspections on my property.

3)      I am concerned about the impact any more inspections could have to my finances and farm operation. The last time I allowed inspectors on my property I was told it was regarding a complaint about operating a pizzeria. Once on my property inspectors took pictures of my greenhouse and personal residence. This has led to scrutiny and a letter of defect on the electrical panel on my residence; this and other wiring mentioned in the letter of defect were completed before the property was owned by me. Before I can apply for any permits I need to talk with my mortgage company and determine if they have any concerns regarding these inspections and potential impacts of the inspection on my ability to pay my mortgage.

4)      Also I need time to consult with an agricultural lawyer and the Farm Bureau regarding the state agro-tourism clause. We are zoned agriculture, not commercial and we operate a working farm on this property. Anytime someone enters or is on the property they are by definition participating in an agro-tourism activity. Based on this I maintain all of the outbuildings on the property are agricultural production structures, NOT commercial buildings. The letter of defect states I need to get several commercial permits. I need to determine if this is required by law for my specific situation.

5)       Additionally when the inspectors entered my property, one inspector in particular made several potential violations. Along with passive aggressive phone messages (I have saved), making veiled threats over the phone, being combative and snide; she also directly violated my request not to use my property to take pictures of my neighbor’s shed he was building. Apparently, she had been to my property this summer and mentioned she had taken pictures from the back corner of my property to take pictures before of his shed (which she believes is a code violation). Before I apply for my permits as requested; (a) I need to know if the original inspections leading to my letter of defect are actually valid if the inspectors made violations while on my property and (b) how I can file a formal complaint against the inspector who conducted the violations. Additionally because the inspector who made violations made comments about being at my property before (history and premade judgments) , the aggressiveness to which she has contacted additional agencies to intimidate me, and her general attitude towards me I will need to file a Freedom of Information Request (FOIA) of all correspondence (email, text, etc…) that mentions or refers to my property or name from Chesterfield county planning, code enforcement, planning and zoning to make sure there is no apparent “axe to grind with me”. I must review all requested correspondence before I can determine if the initial inspections were conducted for legitimate reasons. Please let me know if you need any additional information to comply with my FOIA request.

6)      Lastly I need to file one last FOIA request to know who filed the original complaint I was operating a Pizzeria. I have legitimate reason to believe one of my neighbors is upset with my support and involvement with the LBGT community. Comments have been made in the past which leads me to suspect he may have made the complaint. If this is the case I feel the original complaint may have been motivated by hate which could make the original inspections resulting in my letter of defect invalid.

Based on the above concerns I will need additional time before I can determine if I will and if I legally am required to apply for the requested permits. I work fulltime and am also busy working my small farm. It may take some time for me address my concerns and determine how to move forward. In the meantime please begin addressing the concerns I have outlined above that you can answer for me and I will begin pursuing the concerns from my end as well.

Sincerely,

Norman L. Dart

Never seen such efficiency in the government!!!!!

Responding to a letter of DEFECT from the COUNTY

Hello! So as I indicated in my last post, the purpose of this blog is to document our struggles as Chesterfield county, VA employs tactics to discourage Dart Acre's Local Food Movement Initiatives. Based on Cottage Industry and Agro-tourism law (among others) we believe we are well within our legal rights.




One of several intimidation tactics Chesterfield county has used is sending a building inspector to the farm, finding as many potential code violations and sending me a letter of defect. It just so happens this is the most pressing matter for me now as they have threatened to take further action against me if I did not respond in 15 days. I am already a few days late. I have just been so busy.




Below is a copy of the letter of defect to which I need to respond. As I begin to draft the letter I am using the BS method taught to me in High School. (1) First we need a bold statement (BS), (2) then we need a list of VALID reasons to back up the statement. (3) Then a nice summary paragraph.


For now here is the letter of DEFECT the County sent me. I'll post the draft response letter soon and share before I send out. The defect letter below appears pretty standard. The defect letter itself is not the problem I have. It is how the county went about obtaining these violations, and other tactics they are employing at the same time which in totality appear to be a coordinated attack against the local food movement. When you read the response letter I am working on my overall concerns will be laid out better for you to understand.


______________________________________________________________________________

According to a 2016 USDA survey Virginia is ranked 9th in the nation for local food sales. Direct sales in urban areas and cities account for 71% of the sales. Cottage Industry food law has allowed small farms and residences to add value to agricultural products grown locally or onsite for certain low risk foods in Virginia for years (pickles, baked goods, etc.) which has greatly contributed to the economic impact of the local food movement in Virginia . On July 1, 2013 an amendment to § 3.2-5130 of the Code of Virginia went into effect that expanded the types of prepared foods individuals can make and sell from their homes or at farmers markets without VDACS inspection including certain low risk foods and acidified vegetables. A bill introduced into the 2014 session of the Virginia House of Delegates would have given cottage industry and the local food movement much more freedom. Delegate Robert Bell (R-Charlottesville) wanted to completely exempt homes and farms with 10 or fewer full-time employees from Virginia food laws. Bell’s proposed cottage food law would require labels stating that the products were made without state inspection. Virginia’s restriction for cottage foods to at-home or farmer’s markets sales would be lifted. While this bill did not pass it is further evidence of the political and public support for the local food movement in Virginia and what is to come. In recent years state lawmakers have made it easier to make and sell cottage foods from home kitchens in as many as 40 states.The potential for this industry to continue growing and to spark economic growth in blighted neighborhoods and food deserts at the urban-rural interface, as well as urban and inner cities is exciting for Virginia. It could greatly improve the quality of life and vibrancy of depressed areas. As with any new industry (or one that is being brought back in this case) there are always hurdles and confusion regarding implementing laws and regulations. It becomes more complicated and daunting with local zoning, state department of health, etc...some of which apparently are not even aware of cottage food law (personal experience). It can be hard for small farmers and other cottage industry businesses to know exactly what they are able to do within the laws, and there are different interpretations and just a general lack of knowledge on cottage food law in Virginia. To help the local food movement reach its fullest economic potential were are documenting our journey to help others. We hope this blog will help and encourage various state, county and local agencies to come together to create awareness of the local food movement and cottage law is integral. Additionally, bringing these groups together to discuss issues occurring in the field and how to balance county codes, health department interpretation in laws while allowing our citizens to help their communities reach their full potential. Awareness of the movement and awareness of hurdles that could slow economic development will be an essential first step as this movement races on in our communities.

_______________________________________________________________________________