CEA 04-24-08 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Conservation Easement Authority
FROM: Amber Powers, Planning Technician
RE: April Meeting
DATE: April 17, 2008
The Frederick County Conservation Easement Authority will be meeting on Thursday,
April 24, 2008 at 8:00 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 2008 Minutes.
2. Guest Speaker•: Mr. Bill Funk of Conservation Partners.
3. 2008 Comprehensive Plan Language Update.
4. Conservation Easement Update: (Snap Property Application).
5. PDR Appropriation Endorsement Received from Finance Committee.
6. CEA Needs a PDR Press Release and an Information Package for Interested Landowners.
7. Selecting Date(s) for Sumner Event(s) and Pick Event Idea(s).
8. Other.
Please contact the Planning Department at (665-5651) if you are unable to attend this
meeting.
ALP/bad
Attachnients
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
--DRAFT--
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 March 27, 2008 at 8:00 a.m.
PRESENT: Jim Lawrence; Cordell Watt; Robert Solenberger; Ritchie Wilkins, Vice -
Chairman; and Diane Kearns, Chairman, Gene fisher, Board of Supervisors Liaison,
Todd Lodge; Phil Glaize; John Marker, C.
ABSENT: John Gavitt;
STAFF PRESENT: Amber Powers, Planning Technician
OTHERS PRESENT: none
PUBLIC MEETING:
1. Minutes and Agenda
The minutes of the February 28, 2008 meeting were approved as presented. The
agenda was approved with item 8 being differed to the April meeting's discussion.
2. CEA Current Funds Total: $3,340
The group confirmed in brief discussing that, following the resolution of the PDR
program's future, they would have to begin considering spring events.
3. State Conflict of Interest Policy
The group adopted the state CIP by unanimous vote and will need to fill out forms
indicating any of their financial interests which may impact their decisions. The
group will also write a paragraph or two to be included on the website that describes
intent and basic components of the long state document. The CIP is online, and
members were encouraged to review it and bring suggestions or a paragraph to the
April meeting.
4. CEA contribution to the 2008 Comprehensive Plan
The Draft cominittee had made some revisions of the Comprehensive Plan and would
continue over the next few weeks.
5. Bylaws Review/Revision
The Bylaws included in the agenda package were reviewed with the changes
summarized and explained. A motion was made to adopt them, seconded and
approved unanimously.
6. PDR Update
It was announced that request for an appropriation would be included on the Finance
Committee's April 16"' agenda. If endorsed, it would then need approval from the
Board of Supervisors at their April 23`d meeting. If the CEA received their approval,
the County Administrator would then need to sign the agreement and submit it by the
April 25t" deadline.
The group discussed several options for the Finance Cominittee presentation and
considered whether it would be best to include specific details regarding the
feasibility of the county holding an easement (co-holdings, maintenance,
enforcement, etc.) or to request at this time that county only appropriate the money
and ask that they consider the above issues at such time that an acquisition is
proposed.
The group also discussed the Red Bud Proffers, and the question how much of the
proffers would be available for the PDR program. Dedicated to open space and
historic preservation, the fees collected so far, amount to $110,000. While the CEA
did not intend to request that the appropriation of the funds come from these proffers
in any particular amount, it was hoped that at least $55,000 would be available and
that if the County was unable to appropriate money from the general fund, then at
least this sum could be appropriated.
Preparations for the Finance Committee presentation would be continued over the
next two weeks, and it would be decided at some point later on, who would present
the request to the committee.
7. Next Meeting
The next meeting will be on April 24, 2008 at 8:00 a.m.
ADJOURNMENT
There being no further business to discuss, the meeting adj ourned at 9:15 a.m.
Respectfully submitted,
Diane Kearns, Chairman
Eric R. Lawrence, Secretary
ITEM 2:
Guest Speaker: Mr. Bill Funk of Conservation Partners LLC
Founded by Taylor Cole and Jim McLaughlin in 2002 to help Virginians realize the benefits of
land conservation, Conservation Partners provides comprehensive stipport services to
conservation easement donors, conservation professionals, and purchasers of land preservation
tax credits.
Based in Lexington, Virginia, Conservation Partners consults with Virginia landowners and their
professional advisors throughout the process of donating conservation casements and preparing
and registering land preservation tax credits.
Buyers of land preservation tax credits are very aware of the differences in the risk associated
with credits available in the market. Land preservation tax credits marketed by Conservation
Partners are screened to assure the credits originate from easements with significant conservation
benefits to Virginians.
Since its founding, Conservation Partners has worked with easement donors who have protected
approximately 40,000 acres of farms, forests, and other open space land in Virginia.
Mission: To grow a viable, robust market for land preservation tax credits in Virginia by easing
the process for donors, reducing transaction costs, mitigating buyers' risk, and ensuring a high-
quality standard for conservation.
ITEM 3:
2008 Comprehensive Plan Language Update
The following is the latest revision of the Comprehensive Policy Plan.
Frederick County has experienced a consistent growth in population over the past
decade. The changes the County has undergone as a result have brought with
them concerns and challenges related to maintaining the rural context, culture and
agricultural values of the county within developing areas. The Frederick County
Easement Authority (CEA) was established in 2005 to provide a means to assist
county landowners in protecting and preserving farm and forest open land, open
space, scenic vistas, historic sites, water resources and environmentally sensitive
lands and the county's rural character.
°---------------------------------------._--_
The Frederick County Conservation Easement Authori the CEA aerates
under the provision of the Open Space Land flet, Chapter 17, Title 15.2 of the
Code of Virginia, and is charged with "assisting in shaping the character and
direction of development, promoting tourism through the preservation of scenic
and historic resources, and assisting in preserving the quality of life for the
inhabitants of the count
The CEA recognizes that in order to meet the goals of the Open Space Land Act,
it must coordinate its efforts and resources with those of existing organizations
including state and local governmental agencies and boards, as well as private
institutions. hl creating these important partnerships, it is crucial to respect the
unique abilities and strengths of each organization and make full use of all
available resources.
Methods of Open Space Preservation
The following methods of open space conservation represent the options currently
utilized within and by the County. By selecting the appropriate tool, the County
can maximize any public dollars devoted to land preservation and accommodate
the needs of each individual landowner.
Donation or purchase of a Conners at'ion Easement
A conservation easement is a legal agreement between a landowner and a
government agency or non-profit conservation organization that places
permanent limits on the future development of the property in order to
protect the conservation value of the land. The easement may also
specifically protect natural, scenic or historic features of the_property.
Conservation easements, while often donated. can also be purchased by a
government agency or non-profit conservation organization where funding
is available.
The voluntary donation of a conservation easement is an excellent method
of open space, natural resource and heritage protection. The landowner
who donates a conservation easement permanently protects the land while
retaining ownership and eniovment of the property. There is no imputed
public access to conserved properties. In many cases the donation of a
conservation easement provides significant federal, state and local tax
Deleted: A conservation easement is a
legal agreement between a landowner and
a government agency or non-profit
conservation organization that places
permanent limits on the future
development of the property in order to
protect the conservation value of the land_
The easement may also specifically
protect natural, scenic or historic features
of the property. Conservation easements,
while often donated, can also he
pruelrased by a government agency or
non-profit conservation organization
where ftmdingis available. 9
The voluntary donation of a
conservation easement is an excellent
method of open space, natural resource
and heritage protection_ The landowner
who donates a conservation easement
pemanently protects the land, while
retaining ownership and enjoyment of the
property. There is no imputed public
access to conserved properties. In many
cases the donation of a conservation
easement provides significant federal,
slate and local tax advantages and estate
planning benefits to the landowner. The
public benefits through the protection of
important natural and cultural resources
and scenic vistas. In addition local
taxpayers will never have to pay, for
public services, such as schools, roads,
police ctc that a new residential
development would have demanded.
The CEA operates under the provision
of the Open Space Larrd ,4cr, Chapter 17,
Title 15.2 of the Code of Virginia, and is
charged with "assisting in shaping the
character and direction of development,
promoting tourism through the
preservation of scenic and historic
resources,. and assisting in preserving the
quality of life for the inhabitants of the
county:
advantages and estate planning benefits to the landowner. The public
benefits through the protection of important natural and cultural resources
and scenic vistas. In addition local taxpayers will never have to pay for
public services such as schools roadspolice etc that a new residential
development would have demanded.
Conservation easements are crafted uniquely for each property, with the
landowner donating --or selliniz designated rights associated with the
property which will serve to preserve certain qualities deemed worth of
conservation. Comity landowners, if interested, should be urged to work
with either the CEA and/or other conservation organizations to fulfill their
desires.
Creation of an Agricultural or Forestal District
Once created, an agricultural or forestal district provides a certain level of
protection to a group of adjoining and consenting property owners against
infrastructure construction and incompatible adjacent uses. These districts are
temporary and reevaluated each 5 years. County owners of agricultural and/or
forest lands should be encouraged to become familiar with the existing
agricultural and forestal districts and the benefits these tools can provide.
Subdivision and Deirelopinent Dedication
The CEA may request a meeting with a landowner or developer during the
planning approval process for any subdivision or other development project in
order to discuss potential conservation opportunities.
Proffered Open Space
For conditional rezoning applications, proffers may be offered that place
easements, including those with public access, on portions of the property
with significant value as open space. Proffers that provide money toward the
preservation of land in other locations are also encouraged. The CEA may
request a meeting with the owner or developer in order to discuss these
options as a part of the rezoning application process.
Evaluating Potential Conservation Areas
Virginia's Open Space Land Act establishes a rating system to be used by the
CEA for evaluating a property's potential worth as protected open space. The
Open Space Land Act issues quality points for parcels that:
1) Contain or adjoin an existing or planned public trail
2) Adjoin a conservation casement or national, state or local park
3) Adjoin a state maintained road or designated scenic highway
4) Would otherwise be vulnerable to development
5) Contain prime farm or forestal land or open space
Deleted: Conservation easements
protect land in perpetuity and are
voluntary. Conservation casements are
crafted uniquely for each property, with
the landowner donating or selling
designated rights associated with the
property which will serve to preserve
certain qualities deemed %north of
consen'ation.
6) Contain or adjoin historic resources or water resources
7) Have identified non -local government funding to leverage the purchase
'there are currently 19 conservation easements in Frederick County. Most are held
by the Virginia Outdoors Association (VOF), a state agency established by the
Virginia General Assembly to hold easements in public trust. Easements include:
List and mglp
The CEA has goals for the short and long �erni including: ----------------------- comment: which are short-term and
which are long-lemi?
GOAL: Facilitate the Conservation of Open Space
Strategies:
1. Protect farm and forest open space, water and environmental resources
that preserve the rural character and long-term economic viability of
the County through the use of the conservation tools available to the
County.
2. Balance the use of non -easement conservation by private landowners,
easements on private land through private holders, acquisition of
easements by the County and creation of agricultural and forestal
districts to meet conservation needs.
Maximize the effectiveness of public investments by selecting the
conservation tool appropriate to the specific needs of each landowner.
4. Promote continuity in the actions and informational messages of the
local conservation organizations active within the county.
Implementation Methods:
1. Hold targeted, informational meetings and provide information by
mail to landowners that may be interested in conservation.
2. Use informational meetings to provide landowners interested in
preservation with information about local conservation resources and
the benefits, including local, state and federal tax incentives, that
conservation can provide.
Actively encourage the protection of significant agricultural and
forestal lands through both conservation casements and agricultural
and forestal districts.
4. Promote conservation options during meetings with landowners and
developers seeking approval for rezonings, subdivisions and other
development projects.
5. Establish and maintain an inventory of the County's existing
agricultural lands, forestal land and waterways, as well as an inventory
and mapping of all existing conservations easements.
6. Take advantage of the state PDR programs and any other funds
available to the County for conservation efforts.
7. Secure grant money and local donations to supplement public funding.
ITEM 6:
CEA Needs a PDR Press Release and an Information Package
Informational materials that the CEA has used in the past will be available at the meeting
for review. Please consider what information the public should know about Conservation
Easements and the PDR program and ways to make sure this information is easy to
understand.
Staff will seek direction about the creation of a general request letter to landowners for
applications to the PDR program, as well as a possible tax benefit primer for landowners,
and other informational pieces.
ITEM 7:
Selecting Date(s) for Summer Event(s) and Pick Event Idea(s)
Contingent on the approval of the PDR intergovernmental agreement, the CEA will need to begin
planning informational and Q&A Events in the County, as well as fundraising options.
Advertise and Host Special Events and Auctions
• Gives donors something for their money
• Event theme should be relevant to the cause
• 3 to 6 months of advance planning generally required for larger events
• At least 1 %z months needed for smaller events
• Make events annual or seasonal: results improve with each repetition
• Return on Investment can be very high when the venue is donated
• Without donation of event costs, ROI is typically around 50%
• This can be labor-intensive
• FOCUS resources on eve17tP1'011101i011 over event planning
• Events are more effective awareness -builders than other fundraising options
Advertise and Manage Product Sales
• Gives donors something for their money
• Product should be relevant to the cause (difficult with pre-packaged programs)
• 2 to 4 months of planning generally required for local product campaigns
• At least a month needed for "pre-packaged" fundraising programs
• Make events annual or seasonal: results improve with each repetition
• Return on Investment: moderate with partial/full donation of local products
• Return on Investment: low with pre-packaged programs
• This can be labor-intensive if local, or labor -light if pre-packaged
• FOCUS resources on promotion, the product is secondary
• Include literature about CEA with every package