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HomeMy WebLinkAboutMay 26, 2005 Work Session 552 A Worksession of the Frederick County Board of Supervisors was held on Thursday, May 26, 2005, at 12:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. BOARD MEMBERS PRESENT Chairman Richard C. Shickle; Vice-Chairman Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler; and Barbara E. Van Osten. OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy Clerk; Susan Eddy, Senior Planner; and Conservation Easement Committee members Richie Wilkins, Philip B. Glaize, JI.; John Light; Jim Lawrence; Diane Kearns; C. Robert Solenberger; Edgar C. "Bud" Good, Jr.; and Todd B. Lodge CALL TO ORDER Chairman Shickle called the worksession to order. Assistant Administrator Tierney introduced Easement Committee Chairman Richie Wilkins who reviewed the Committee's work to date. Mr. Wilkins stated that the Committee would have the ability to put conservation easements on various properties in the County. These properties would be predominantly in the rural areas with State and Federal dollars being used to purchase the easements. The benefit to landowners would be State and Federal tax credits. The main utilizer of this program would be landowners who want to see their property preserved. He concluded by saying that the property would be eased in perpetuity. Assistant Administrator Tierney reviewed the Committee's process, desired program, easement criteria, the process for accepting easements, and whether the Board would prefer a committee or authority. He advised that a desired program would: have an educational component provide for acceptance of easements that may not be eligible under other programs have clear goals and statement of purpose - be overseen by a group of Board appointed individuals possessing identified skills. It was the program's intent for the County to co-hold easements with other organizations where Minute Book Number 30 Board of Supervisors Worksessiou with the Conservation Easement Committee of OS/26105 553 possible. The evaluation criteria was specific to Frederick County: Level ofthreat of development - parcels zoned for non-agricultural use and/or a parcel's proximity to the Urban Development Area or Sewer and Water Service Area. Conservation Value - proximity to parkland, public trails, historic sites or structures. Presence of environmental features - streams, wetlands, agricultural soils, etc. Assistant Administrator Tierney advised that this program could function without a funding mechanism and the Planning Director would serve as the Program Administrator. He concluded by asking the Board for their comfort level or preference for a committee versus an authority. Supervisor Forrester asked for the advantages of an authority over a committee. Assistant Administrator Tierney responded that none had been uncovered, but a majority of programs within the State have committees; however, Clarke County has an authority. Supervisor Forrester asked if any members of the proposed nine member board would be historic experts. Assistant Administrator Tierney advised that someone with that expertise could be part of the Committee. With regard to a committee versus an authority, Assistant Administrator Tierney advised that the most clear distinction was an authority could hold easements independent of the Board of Supervisors. Supervisor Tyler asked about enforcement and oversight and whether the County would have any teeth to enforce thc cascments. Assistant Administrator Ticrncy rcsponded that the cascmcnts would bc legal documcnts and the County could go to court to enforce thcm. He wcnt on to say that staff and the Committee would work with thc County Attorney to pursue action, ifnecded. He statcd that, the way this program was structured, these costs would be paid by thc locality since the committee did not havc any money. Mr. Wilkins stated that property owncrs would not get tax credits without an appraisal ofthe parcel. Jim Lawrence statcd that this program could take place without County funding. Administrator Riley asked ifthere was somc protcction to the property owncr to prcvent a taking by the committce in order to force a property to bc cascd. Miunte Book Number 30 Board of Snpervisors Worksession with the Conservatiou Easement Committee of OS/26/05 554 Assistant Administrator Tierney responded that property could not be eased without the owner's permission. He went on to say that forcing an owner to ease his/her property would only happen ifthe County chose to condemn the property. Mr. Lawrence stated that the easement criteria would be used on a case by case basis and the Committee would not be targeting certain areas of the County. Edgar Good stated that having an authority would give the program more importance and he believed the Board should delegate responsibility to the committee/authority. Supervisor Fisher asked why the County wanted to be involved in holding easements. He cited potential costs to the County (e.g. staff time, inspections, and administrative costs). He concluded by saying that the County should look at working with a land trust. Mr. Lawrence stated that there were a lot of easements that larger organizations would not accept; therefore, the County's program would be useful in these circumstances. Assistant Administrator Tierney stated that there were instances where property owners might be on the fence about putting their property in easement and an established program in Frederick County might make the difference. Supervisor Forrester asked if there were easements in Frederick County. Assistant Administrator Tierney responded there were some, but they were scattered. Chairman Shickle stated that it would be pertinent to determine the Board's desire for the committee to hold easements. He asked if the committee would always possess the easements. Assistant Administrator Tierney responded that the committee would look to get other entities to hold the easements; however, these would be case specific. The committee would only hold easements if necessary. Chairman Shickle asked why the County would not accept an easement if there was value in the land and the property owner was willing to put it in easement. Assistant Administrator Tierney responded that the County would accept it, except in rare circumstances such as Homeowner Association Open Space. He stated that the Committee felt it was good for the Committee to have the ability to say no. He concluded by saying that the Committee was divided over whether to create a committee or authority. Supervisor Van Osten stated that it was the desire of the Committee to make this program Minute Book Number 30 Board of Supervisors Worksession with the Conservation Easement Committee of OS/26/05 555 work. Supervisor Ewing stated that it would be easier to switch from a committee to an authority rather than vice versa. Supervisor Tyler agreed and stated that her comfort level would be to start with a committee and then move to an authority, if necessary. Supervisor Ewing stated that he would like to start with a committee, but was not in favor ofproviding County funding. Chairman Shickle noted that if there were things that could be included in the procedures to protect the locality and landowner from fraudulent occurrences they should be added. Supervisor Forrester stated that she liked having the flexibility to hold smaller easements that other larger groups would not hold. Assistant Administrator Tierney asked how involved the Board of Supervisors wanted to be in the committee. Chairman Shickle felt the Easement Committee should come back to the Board with recommendation. Mr. Wilkins stated that the authority would have more teeth, but thc committee would have to work with the Board, which could be a benefit. Chairman Shickle polled the Board as to their preference for a committee or authority. Supervisor Dove Supervisor Van Osten Supervisor Fisher Supervisor Forrester Chairman Shickle Committee Committee to start, but leaning toward an authority. No local funding to start. Committee Committee Authority Authority, but co-holding easements was okay. Authority, but not sure about co-holding easements Supervisor Tyler Supervisor Ewing Assistant Administrator Tierney asked when the Board wanted to see this again. Chairman Shickle suggested that the Easement Committee get aggressive and "shove it at us", Philip Glaize asked ifthe committee/authority would have a budget line item. Administrator Riley responded that if an authority was created they would be made to come before the Finance Committee and Board of Supervisors for funding requests. Minute Book Number 30 Board of Supervisors W orksession with the Conservation Easement Committee of OS/26/05 , 556 Chairman Shickle suggested that the Committee take the Board's feedback, make changes, and seek out board members for comment. If the members are comfortable with the final product then they could bring it to the Board of Supervisors for approval. THERE BEING NO FURTHER BUSINESS, THE WORKSESSION WAS ADJOURNED AT 1:45 P.M. ~~\,) Q,j - Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (h~J F~_"-1.I2~ ~bs Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Worksession witb the Conservation Easement Committee of OS/26/05