CEA_04-27-06_Meeting_Minutes• MEETING MINUTES
OF THE
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY
Held in the Executive Session Room of the Frederick County Administration Building at
107 North Kent Street in Winchester, Virginia on April 27, 2006.
PRESENT: Richie Wilkins, Chairman; Bud Good, Vice Chairman; John Light, Phil
Glaize, Todd Lodge, Jim Lawrence, Robert Solenberger and Barbara Van Osten
ABSENT: Diane Kearns, Treasurer
STAFF PRESENT: Susan Eddy, Senior Planner; and Kevin Henry, Planning Technician
PUBLIC MEETING:
Item 1 - Minutes
Members approved the minutes of the March 9, 2006 meeting.
Item 2 - Memorandum of Understanding with the Virginia Outdoors Foundation
(VOF)
Planner Eddy noted that the Board of Supervisors had returned the proposed
• memorandum of understanding with the Virginia Outdoors Foundation (VOF) to the
Easement Authority for further consideration. The feedback received from Board
Members had been included in the agenda packet.
CEA Members discussed the discrepancy between the monitoring responsibilities of the
VOF and the much greater responsibilities of the County. Chairman Wilkins commented
on the burden on county staff and resources. Members thought the VOF should assume
greater monitoring responsibilities. Planner Eddy explained the VOF's position on co-
holding with counties as opposed to private land trusts. Members discussed the
possibilities of funding sources for additional staff requirements. Member Lawrence
noted that in other organizations, easement authority members often assist staff with
monitoring responsibilities.
Member Solenberger wanted the county to hold easements that others would not hold. A
general discussion of co- holding followed. Member Good noted that the current County
Ordinance encourages co- holding. Planner Eddy read the relevant section of the County
Ordinance. Planner Eddy stated that Ms. Faye Cooper of the VOF told County
Supervisors, during their discussion of this item, that the VOF would not ask the County
to co -hold easements. The VOF holds most of its easements alone. Member Glaize
noted that some landowners want the county to hold their easements. Member Light
commented that the county can establish a sense of trust with landowners. A discussion
of staff time followed. Planner Eddy estimated it would take staff 1 -2 days per year to
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Minutes of April 27, 2006
monitor each easement. Members noted that the Attorney General, as counsel to the
VOF, should be mentioned in the MOU.
A discussion of the Clarke County Easement Program followed. A discussion took place
on the requirement of the VOF Open Space Land Preservation Trust Fund for a local co-
hold for applicants. Frederick County or local land trusts could be the eligible co-
holders. Member Good gave a timeline and costs associated with an easement
application to the VOF.
Planner Eddy highlighted the text changes to the MOU suggested by a County
Supervisor. Members discussed adding text on the Attorney General.
Member Light made a motion to approve the MOU as presented with three changes — 1.)
Section 6 to require monitoring once per year; 2.) Section 6 to require telephone and
mail notification; and 3.) Section 9 to add wording on the Attorney General, as legal staff
to the VOF. Member Solenberger seconded the motion. The motion was unanimously
approved.
Planner Eddy stated that this item would be sent to the Board of Supervisors for their
consideration. The Board must also approve the agreement.
Member Good recused himself from the next two agenda items.
Item 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-1 9B in the Back Creek Magisterial District.
Planner Eddy presented the application and displayed maps and photographs of the site.
She went over the county's ranking criteria and score for this application and for the
combined score of this application and the application for the adjacent property. She
noted the terms in this easement that exceeded the county's minimum criteria for land
conservation. She noted that since the staff report had been written she had discussed the
terms of the easement with county legal staff on three occasions, and the County
Attorney had no outstanding issues. She concluded that acceptance of this easement
would preserve and protect in perpetuity open space for the scenic enjoyment of the
public and yield a significant public benefit. It would preserve forest land, preserve
scenic vistas both from the public road and from the Tuscarora Trail, protect a historic
building, and protect the Back Creek watershed, which is a Virginia Department of
Environmental Quality designated impaired watershed. She noted that the application
exceeds the minimum ranking criteria required for acceptance into the County's
Conservation Easement Program.
Members had a few questions of staff on this application. A short discussion of the
application followed.
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Minutes of April 27, 2006
• Chairman Wilkins opened the public hearing. No members of the public spoke and
Chairman Wilkins closed the public hearing.
Member Solenberger made a motion to approve Conservation Easement #01 -06 of Good
Earth Family Limited Partnership. Member Light seconded the motion. Members
unanimously approved the application. Member Good abstained.
Item 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.
Planner Eddy presented the application and displayed maps and photographs of the site.
She went over the county's ranking criteria and score for this application and for the
combined score of this application and the application for the adjacent property. She
noted the terms in this easement that exceeded the county's minimum criteria for land
conservation. She stated that the County Attorney had no outstanding issues with the
terms of the easement. She concluded that acceptance of this easement would preserve
and protect in perpetuity open space for the scenic enjoyment of the public and yield a
significant public benefit. It would preserve forest and farm land, preserve scenic vistas,
and protect the Back Creek watershed, which is a Virginia Department of Environmental
• Quality designated .impaired watershed. She stated that this application meets the
minimum ranking criteria required for acceptance into the County's Conservation
Easement Program.
A brief discussion of the application followed.
Chairman Wilkins opened the public hearing. No members of the public spoke and
Chairman Wilkins closed the public hearing.
Member Glaize made a motion to approve Conservation Easement #02 -06 of Good Earth
Too Family Limited Partnership. Member Lodge seconded the motion. Members
unanimously approved the application. Member Good abstained.
Planner Eddy noted that both easement applications will now be sent forward to the
Board of Supervisors. The Board must approve and co -hold all easements with the
Conservation Easement Authority.
Item 5 — Other
A discussion of ranking applications for contiguous parcels separately or jointly took
place. Planner Eddy noted that both of these applications met the minimum number of
points on their own. In other situations, it might be best to view contiguous parcels as
one for ranking purposes.
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Minutes of April 27, 2006
• Authority members discussed talking to Board Member, before the Supervisor's meeting
to consider the MOU and the two easement applications, in order to understand their
concerns. Member Van Osten suggested a joint meeting of the two bodies, and she
would try to arrange such a session.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 10:45 a.m.
Respectfully submitted,
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J es R. W ins III, Chairman
Susan K. Eddy, Secretary
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Minutes of April 27, 2006