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CEA_12-04-08_Meeting_MinutesMEETING 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 December 4, 2008 at 8:00 a.m. PRESENT: Diane Kearns, Chairman; Jim Lawrence, Treasurer; Robert Solenberger; John Marker; and John Gavin. ABSENT: Ritchie Wilkins, Vice - Chairman; Todd Lodge; Cordell Watt, Planning Commission Liaison; and Gene Fisher, Board of Supervisors Liaison. STAFF PRESENT: Amber Powers; and Bev Dellinger, Secretary III. PUBLIC MEETING: The meeting began at 8:10 am. There were not enough members present at one time for a quorum, so the October 23, 2008 minutes were not voted upon. Ms. Kearns stated that the MOU (Memorandum of Understanding) and easement language were sent to Rod Williams, County Attorney, and he came back with small changes. Ms. Kearns further stated • that Potomac Conservancy did everything. She and Kelly (Potomac Conservancy) agreed that Frederick County should be aware that there should be some stewardship obligations in the future, like monitoring and /or legal enforcement if necessary, so they included in the MOU that the County would contribute something, but they didn't include an exact monetary amount. Ms. Powers asked where it states, "no structures on property currently ", is that something we have to insert text specifying that there are no existing structures on that property? Mr. Marker stated there's no prohibition against putting one structure on the property. (Mr. Lawrence arrived at this point.) Ms. Kearns stated you can construct agricultural buildings that are less than a certain size. Ms. Kearns said we should ask Kelly exactly how to word this. Mr. Marker stated there should be at least one building right on the property, and Ms. Powers stated there is. Ms. Kearns stated that Kelly is going to send all the paperwork to the USDA for comments, then final CEA approval and final Board of Supervisors approval. Frederick County Conservation Easement Authority _90- Minutes of December 4, 2008 Ms. Kearns said that the State has said they will wire the funds to the closing. As far as money • issues, Ms. Kearns said that Mr. Eric Lawrence (Planning Director) brought up the fact that the $265,000 in the County budget hadn't been rolled over to this current fiscal year. Mr. Lawrence went to the Finance Committee and took care of that. Ms. Kearns further stated that we need to think about how the CEA is going to raise some money. There was proffer money that came from one of the developments on Route 7, and the County spent this proffer money to purchase property next to the Huntsberry property. But the Shenandoah Valley Battlefield Foundation borrowed money to make that happen and they very much want to get out of that $500,000 to $600,000 debt, so they're going to be raising money in the near future. Mr. Lawrence stated the fact that the Battlefield Foundation is going to be trying to raise close to $600,000, it's going to be short-term competition for us, but it's going to raise awareness about this issue. All the land that's been protected at Red Bud now, and its public access and stream, that we can point out to people that this was possible because it's core -area battlefield and it's Federal designation and there's Federal funding. Mr. Lawrence further stated that if we want to do any more protection, we're going to have to do it ourselves. He hopes this will make people more aware that we're going to have to do this as a community and region. Ms. Kearns said in talking with others, if we can figure out some way to use the rest of this money, and think about creative ways that we could partner with other groups. The motivating factor is that it's going to go away; this is going to be it. Ms. Kearns stated that because you can use the money for appraisals and things like that, maybe we could help with those kinds of costs for some other things that are already happening. • As far as Ms. Kearns knows, Marjorie Copenhaver's easement will probably be accepted by the Historic Board this month. Ms. Kearns talked to Ms. Copenhaver and the owners of the mill, and they were on board to have some kind of function out there. Ms. Kearns stated that the date for applications for State money ends December 31 s ` and she believes we need to set another cut -off date. (Mr. Solenberger arrived at this point.) Ms. Powers noted that three people have said that they are considering applying. Ms. Powers has a meeting this morning with someone she believes is turning in an application. Ms. Kearns suggested June 30, 2009 and December 31, 2009 as the cut -off dates. Ms. Powers stated she believes the easement has to be recorded by the end of the year for us to use those funds; it needs to actually close within the year. Ms. Kearns asked even though we've got until April of 2010? Ms. Powers responded we have until February 23, 2010, so June 2009 may have to be the final cut -off date. Ms. Kearns was given a letter by Mr. John Gavin, who is a member of Preserve Frederick, and this letter is what is being submitted to the Board of Supervisors Rural Areas Subcommittee this evening. CEA members took a moment to look over the letter. • Frederick County Conservation Easement Authority -91 - Minutes of December 4, 2008 (Mr. Lawrence left the meeting at this point.) (Mr. Gavitt arrived at this point.) Ms. Kearns stated that she believes it's a good idea to tie the sending zones to an easement activity. Mr. Gavitt said when you have a sending zone, basically, it's to give up development rights in a rural area in exchange for developing in the UDA. When you give up development rights, Preserve Frederick recommends that the restrictions be similar to those in a conservation easement. Ms. Kearns stated if you put a conservation easement on the property, then you probably already have given up your rights, so they're not there to transfer. If you transfer them, then they're not there to put an easement on. Mr. Gavitt responded that the transfer is all part of it. It's not putting the easement on it first and then transferring, it's transferring and as a part of that transfer, the conservation easement comes into play. Mr. Solenberger stated that we've talked about specifying areas in the County where we thought we should try to have easements. Mr. Gavitt explained that the Rural Areas Subcommittee is focusing more and more on a transfer development program. With proffers offered by developers where they would basically work and transfer development rights so they could develop within the UDA, it's a constant source of income for • protecting the lands in rural areas. It will hopefully make the landowner happy because they're getting money for giving up development rights. Mr. Solenberger asked if this has been done in any Virginia localities. Mr. Gavitt responded yes; he believes in Fauquier County. Mr. Marker stated he's not sure that any other counties have started doing a TDR program. What Frederick County is looking at right now is where the county does not really get very much involved. There will be guidelines in place, but it's going to be between the developer and the farmer. Ms. Powers added that the State is looking at changing the program as a part of an enhancement program but it may in fact, at least for us, get more difficult to set the program up. Ms. Powers said that Fauquier County may have set up the language for their counties that adopted it, but there are no active programs in Virginia. Ms. Kearns asked if there's a way to work with the transfer program that allows you to protect land with a less difficult approach. Ms. Powers responded she thinks the way the County has it set up now is that when they do the rural preservation lots, it's almost the same kind of thing. Right now, the preservation lot for at least ten years, can have no development on it except one dwelling. Frederick County Conservation Easement Authority -92- Minutes of December 4, 2008 Mr. Gavitt stated regarding monitoring, there's a provision in the MOU for a payment. For the vast • majority, you're looking at a once a year look -see at the property. You talk with the landowner and you drive over the property and that's it for a year. When there's a violation, that's when you get into legal issues. Ms. Kearns stated that the concept of having designated transfer zones makes a lot of sense. Mr. Solenberger noted that when they first passed the ordinance with five acres and cluster developments, the set -aside aspect was to be done permanently and not just for ten years. Mr. Solenberger believes it should be done; if you allow cluster, the set -aside should be forever. Committee members agree with Mr. Solenberger. The meeting adjourned at 9:00 am. Respectfully Submitted, C ��iz � Diane Kearns, Chairman Amber Powers Frederick County Conservation Easement Authority -93 - Minutes of December 4, 2008