CEA 04-27-06 Meeting Agenda- 1 -
TO: Conservation Easement Authority
FROM: Susan K. Eddy, AICP, Senior Planner
RE: April Meeting and Agenda
DATE: April 20, 2006
The Frederick County Conservation Easement Authority will be meeting on Thursday,
April 27, 2006 at 9:00 a.m. in the Board of Supervisor’s Meeting Room in the County
Administration Building, 107 North Kent Street, Winchester, Virginia. The Conservation
Easement Authority will discuss the following agenda items:
AGENDA
1. March 9, 2006 Minutes
2. Memorandum of Understanding with the Virginia Outdoors Foundation (VOF)
3. PUBLIC HEARING - Conservation Easement #01-06 of Good Earth Family
Limited Partnership. This property is located on Goodearth Lane with frontage
on Back Creek Road (Route 704), approximately 600’ east of the intersection of
Pinetop Road (Route 617), and is identified with Property Identification Numbers
48-A-19 and 48-A-19B in the Back Creek Magisterial District.
4. PUBLIC HEARING - Conservation Easement #02-06 of Good Earth Too
Family Limited Partnership. This property is located on Sawlog Road with
frontage on Back Creek Road (Route 704), approximately 150’ west of the
intersection of Pinetop Road (Route 617), and is identified with Property
Identification Numbers 48-A-3A, 48-A-10, 48-A-11, 48-A-15D, 48-A-15E, 48-A-
15K, and 48-A-17 in the Back Creek Magisterial District.
5. Other
Please contact the Planning Department (665-5651) if you are unable to attend this
meeting.
Attachments
SKE/bhd
MEMORANDUM
- 2 -
ITEM #2
Memorandum of Understanding
with the Virginia Outdoors Foundation (VOF)
As you will recall, the Conservation Easement Authority considered a Memorandum of
Understanding with the Virginia Outdoors Foundation (VOF) at its meeting on March 9,
2006. A copy of that memorandum is attached. It sets out the standards and procedures
to be followed with easements co-held by the VOF, the Easement Authority and the
Board of Supervisors. The Easement Authority unanimously recommended approval of
the memorandum.
The memorandum was then considered by the Board of Supervisors at their meeting on
March 22, 2006. Board Members had some concerns with the memorandum, and I have
attached the minutes from that meeting for your information. The Board delayed acting
on the memorandum and each Board Member was asked to provide comments to staff in
order for staff to incorporate them into the memorandum.
Two Board Members provided comments to staff. One Board Member did not want the
County and the Easement Authority to hold easements that any other organization was
willing to hold. This was not out of disapproval of conservation easements, but rather out
of concern for limited county staff resources.
Another Board Member wrote specific concerns about paragraph 6 (Monitoring Visits):
• Monitoring visits should be conducted once a year not up to 3 years;
• Property owners should be notified in writing and by a telephone call annually of
the annual visit, confirm ownership and condition of the property; and
• The relationship between the easement authority/land trust with the landowner is
of vital importance. Annual visits, letters and phone calls can promote this
relationship. I would highly recommend that the authority members be involved
in the visits to inspect the properties with the easements and develop personal
relationships with the land owner.
In light of the above concerns, the Conservation Easement Authority is asked to
reconsider the previously endorsed Memorandum of Understanding with the Virginia
Outdoors Foundation. Any revised memorandum will then be forwarded to the Board for
consideration, likely at their meeting on May 10, 2006.