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CEA 01-10-08 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 —V RE: January Meeting DATE: December 28, 2007 The Frederick County Conservation Easement Authority will be meeting on Thursday, January 10, 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. November 2007 Minutes. 2. PDR Update. 3. Conflict of Interest Policy Opinion. 4. Conservation easement updates 5. The CEA contribution to the Comprehensive Plan update for 2008. 6. Other Please contact the Planning Department (665.5651) if you are unable to attend this meeting. Attachments 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 November 29, 2007 at 8:00 a.m. PRESENT: Ritchie Wilkins, Chairman; Diane Kearns, Vice Chairman; Robert Solenberger; John Gavitt; and Todd Lodge. ABSENT: Barbara Van Osten; John Light; Phil Glaize; Jim Lawrence, Treasurer STAFF PRESENT: Eric R. Lawrence, Director; Amber Powers, Planning Technician OTHERS PRESENT: Robert Allen, WINC PUBLIC MEETING: Item 1 - Minutes The minutes of the October 25, 2007 meeting were approved as presented. Item 2 - FDR State Grant Matching Program Update Staff offered an update on the state's program from which the CEA has sought PDR certification and matching funds of approximately $265,000. The Office of Farmland Preservation's Kevin Schmitt indicated that his office would be announcing the certified communities and their matching grant awards during the first of December. The County would then have until March to accept the fimding, and would have to allocate the funding within two years time. Item 3 - Replacement for Barbara Van Osten as Board Liaison With Barbara's departure from the Board of Supervisors, a new Board Liaison needs to be considered. CEA members were encouraged to think about the issue and see if any of the Board members are interested. Item 4 - Planning for the December 4, 2007 Conservation Easement Seminar Arrangements were discussed and finalized for the December 4, 2007 informational event. The guest speakers will be John Eckman of the Valley Conservation Council, Elaine Cain, CPA, with Yount, Hyde & Barbour, and Seth Coffman from the Potomac Conservancy. They will focus on what Virginia's current policies are toward conservation casements and what programs are available, as well as information about tax credits and the logistics of establishing an easement. 1 Item S - Comprehensive Overview of CEA Policies The CEA reviewed the first draft of the Comprehensive Overview of the CEA's Policies before the meeting. It was agreed that excerpts of the draft would eventually be used for the Comprehensive Policy Plan update. It was also agreed that an electronic copy of the Overview draft would be emailed to each CEA member. Each member would then have time to suggest changes which will then be compiled into a final draft for the January 10, 2008 meeting. Item b - Creating an Inter -Organizational Meeting It was suggested that an inter -organizational group be established with representatives from all land -holding conservation organizations active in the County that could be assembled if and when a landowner approached the CEA with a serious interest in establishing an easement. The purpose of the group would be to work with the landowner to determine whether the land should have an easement placed on it, and which organization should hold that easement. Staff will contact these organizations to see if they have an interest in participating, and will provide the CEA with more information during the January 10, 2008 meeting. Item 7 - Reaching Out to Landowners with Smaller Parcels CEA members also discussed the challenges of reaching smaller landowners in the County with information about conservation. Any ideas for addressing this issue would be welcomed at the January 10, 2008 meeting. Item 8 - Review of CEA By -Laws The CEA has the opportunity to review and change its By -Laws if it so wishes. CEA members are asked to look over the By -Laws before the January meeting, which will be emailed to each member with the comprehensive plan draft. ADJOURNMENT There being no fiirther business to discuss, the meeting adjourned at 9:30 am. Respectfully submitted, James R. Wilkins I11, Chairman Eric R. Lawrence, Secretary N December 28, 2007 Conflict of Interest Policy The County's Conservation Easement Authority (CEA) recently voiced support for the adoption of a Conflict of Interest Policy (COI). A copy of the CEA's proposed CIO was forwarded to Mr. Robert Mitchell, of Hall, Monahan, Engle, Mahan & Mitchell for a legal review and opinion as to its appropriateness. Attached is Mr. Mitchell's response to the CIO proposal. Specifically, he explains that the CEA is subject to the Virginia State and Local Government Conflict of Interest Act (Va. Code §2.2-3100 et sec ). Thus, the CEA may not enact a CIO different from the Virginia Conflict of Interest Act. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. NiONAHAN (1924-199 9) 7 S 307 EAST MAHKET STREET 9 EAST F30SCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-682-3200 ROBERT T. MITCHELL, JR. FAX 540-s62-4304 JAMES A. KLENKAR E-MAILIawyers@hallmonahanxom STEVEN E JACKSON December 4, 2007 Mr. Eric Lawrence, Planning Director County of Frederick 107 North Dent Street Winchester, VA 22601 PLEASE REPLY TO: 5 f,, P. 0. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Conflict of Interest Policy -- Frederick County Easement Authority Dear Eric: While I was out of town in September, our office did some research on the question of a proposed conflict of interest policy for the Conservation Easement Authority. It appears that the research got buried on my desk, and I just recently realized that I had not responded to your inquiry. Our research indicates that the Virginia State and Local Government Conflict of Interest Act ("the Act") (Va. Code §2.2-3100 et sem.) applies to "state or local government officers and employees." An "officer" is defined as "any person appointed ... to any governmental or advisory agency ..." The definition of "governmental agency" specifically includes authorities. Therefore, the Conservation Easement Authority is a body to which the Act applies, The question is presented as to whether the Authority can adopt a conflict of interest policy different from the conflict of interest policy set forth in the Act. A 1991 Opinion of the Attorney General has addressed this question. The Attorney General concludes that the Act precludes governmental agencies from promulgating additional restrictions winch relate to conflicts of interest, whether such restrictions be more or less stringent than those imposed by the Act. HALL, M©NAHAN, ENGLE, MAHAN & MITCHELL.. Mr. Eric Lawrence December 4, 2007 Page 2 Based on the fact that a conflict of interest policy is set forth in the Act, and given the interpretation of that Act by the Attorney General, it is my conclusion that the Authority cannot enact a conflict of interest policy different from the Virginia Conflict of Interest Act. If there are any questions concerning the foregoing, please contact rne. With kind regards, I am RTM/ks Very tmLy yours, Robert T. Mitchell; Jr. Open Space Conservation Frederick County has experienced unprecedented population growth and accelerated rates of land development in recent years. These changes have brought to fore specific concerns and challenges related to maintaining the rural context and cultural and agricultural value of county within developing areas. In response to these challenges, the county has increased its efforts to improve established guidelines that preserve the aesthetic beauty of rural landscapes and the rural and agricultural character of the county. These guidelines recognize the many economic and quality -of -life benefits of open space, and promote land conservation as an essential component of any future land development plan in the county. The Frederick County Conservation Easement Authority (CEA) was established in 2005 to lead the community's conservation efforts. The CEA operates under the provisions of the Open Space Land Act, Chapter 1.7, 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." The Need for Open Space and Land Conservation ©pen Space Protects Environmental, Agricultural, and Community Assets for the Future: • Unlike poliey-based environmental protections, land conservation offers long term, and at times permanent protection to important natural resources within the county. This includes the preservation of: • critical ecosysteins • cultural & historic areas • ivater resources • public access to lakes, streams • natural landmarks • recreation areas & trails • agricultural & forest lands • scenic high»vays & corridors The Area's Farmland & Rural Character are Economically Valuable: • Protected farmland and open space enhance the value of nearby residential property, and significantly contributes to local tourism. • Local farmland and its produce are also likely to grow in value as the cost of transportation rises, and the market for locally grown produce expands. 1 • Farm and forest land requires little or no public services: Figure ## Frederick County's Median Cost of Services Per Tax Dollar Raised $1.50 $1.19 $1.00 - $0.50 0-2 $4.37 0 $0.00 Commercial & Working & Residential Industrial ©pen Land (Source:.LFT's Cost of Connnunit), Service Studies 2003) Note: Tire cost of S0.37 per dollar of revenue raised for• "Working and Open Land" is the cost after land -use trn adjustment. According to the 2002 US Census of Agriculture, farmland including cropland, woodland, and pastures, made up 41 percent of Frederick County's total acreage. Agriculture is a cornerstone of Frederick County's history, and remains an important part of its future_ This is particularly true of the County's apple production. The county ranked first in the state and twelfth in the country for apple production in the 2002 census, with 7,442 acres of farmland devoted to orchards. As recently as 1997, Frederick County's orchards covered 10,058 acres. The loss of 26 percent of the county's orchards in a span of just five years (from 1997-2002) is, in part the result of residential and commercial land development. Open Space and Farmland is at Risk in Frederick County: • Rising land costs, and by extension rising property taxes, are contributing to the growing residential and commercial development pressures that are eroding Frederick County's open space. The aging -out of many farmers and the farm -as -pension -fund approach to retirement is also putting farmland at risk to development pressures. It is expected that more than 70 percent of Virginia farmland and a significant percentage of farm businesses will be transitioned over the next decade, according to economists at Virginia Tech. According to the 2002 US Census of Agricultural, the average farmer in Frederick County was 56.7 years old, an increase from 55.5 years at the time of the 1997 census. Many of these farmers will seek to liquidate land holdings in order to fund their retirements. 2 Figure ##: Rural Land Use Statistics for Frederick County (Source: US Census of Agriculture) Historic Land Value — LandValueAdjusted f Per Acre of Farmland in or Inflation (2002 CM) Frederick County Unadjusted Land Value 54,000.00 $3,500.00 $3,000.00 — $2,500.00 $2,000-00 — $1,500.00 31,000.00 -_ S50.00 . --- S- 1-13 ��g�a ��p^meq ^�10-141 1**1 tg�ry�9�� ry�ry Farms in Frederick County 2500 2000 1500 1000 500 07 1— Open Space can Promote Efficient Land Use and Transportation Patterns: Open space can be used to guide the path of urban and suburban development by defining community service areas, preserving a clear boundary between cities or towns and the countryside, and buffering residential and non-residential development. By guiding land use towards more efficient patterns of development, land conservation also significantly reduces a community's traffic congestion, and traffic - related air pollution. • Land conservation can maintain a region's sense of place and the local character of communities. • It can enrich transportation networks by improving and expanding options available to pedestrians and cyclists. It can be used to create valuable links between existing residential and commercial developments, public facilities such as schools, and the surrounding rural landscape. Passive Recreation Facilities are a Community Asset: • passive recreational activities such as hiking, fishing, and horseback riding require minimal levels of public maintenance or development. They do however significantly contribute to the health and quality of life of local residents. 3 In recognition of these and other benefits, Frederick County should facilitate the creation of a network of protected land within the county. This must begin with an inventory of the county's existing forestal lands, farmland, waterways and open spaces to determine which areas should be prioritized for conservation. The decision, however, to place an easement on the land retains with the owner, and they are not obligated to do so. Likewise, a landowner may still place an easement on his or her property even if the CEA and Board of Supervisors choose not to acquire the easement. The CEA may request a mandatory meeting with a landowner or developer during the planning approval process for the project in order to promote the community's conservation interests. While conservation easements are the method of preservation outlined in the Open Space Land Act, there are other preservation tools available to Frederick County, several of which are identified in the following section. These methods should be considered by the county as a means of maximizing the public dollars devoted to land preservation, and accommodating the needs of each individual landowner. Methods of Open Space Preservation/Acquisition Purchase or Donation of a Conservation Easement Also called the donation or purchase of development rights, this method of acquisition is ideal when public ownership and public access is not essential. Conservation easements protect land in perpetuity and are especially well-suited to preserving prime agricultural land. Creation of an Agricultural or Forestal District In effect, an Agricultural District is a temporary version of a perpetual conservation easement. They are an effective way of limiting the expansion of development in the short term, however since they are re- evaluated every four to ten years, land within Agricultural Districts remains vulnerable to future, non-agricultural development. Purchase or Donation of Fee Interest in Land The purchase of fee interest, or full ownership in select properties would allow the county to provide for public access, through passive recreation opportunities that are rarely available on lands protected through conservation easements. The county may choose to fund the purchase through temporary `lease -backs' for fanning or other non-destructive uses. 2 Transfer of Development Rights (TDR) Upon the establislunent of a TDR policy, property owners would be allowed to transfer residential development rights from one parcel to another. Once approved, the county would be granted a conservation easement in perpetuity on the sending site. Remainder Interests and Reserved Life Estates These arrangements allow the owner to live on and use the land, with ownership of the land falling to a designated public or nonprofit land preservation entity at the time that their will is executed. Subdivision Dedication and Fl -offered Open Space For conditional rezoning applications, proffers may be offered that place conservation easements on portions of the property with value as open space. These dedications may include primary, secondary, or tertiary forms of green infrastructure, but should consistently contain significant value as open space and provide for public access. In the case of any development or rezoning proposal, the CEA may request a mandatory meeting with the owner in order to consider possible open space and trial components of the plan. 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 rating system is an effective method for evaluating the appropriateness of public investment in a conservation effort, and also serves as a tool for determining what form of protection is most appropriate for a property. Please note that the criteria for potential green infrastructure acquisitions such as right-of-way easements for trails, bike paths and greenways will differ from the criteria used to evaluate the acquisition of whole, relatively large tracts of land. The Open Space Land Act issues quality points for parcels that: • contain or adjoin an existing or planned public trail • adjoin a conservation easement, or national, state or local park • adjoin a state maintained road, or a designated scenic highway • would other wise be vulnerable to development • contain prime farm or forestal land, or open space • contain or adjoin historic resources or water resources * have identified non -local government funding to leverage the purchase 5 Currently the CEA is focused on providing interested landowners with information about available conservation methods both through the CEA, and through other organizations. However, its broader range of goals will include: GOAL: Create a balanced network of publicly and privately -held open space lands and green infrastructure. Strategies: 1. Balance the use of non -casement conservation by private landowners, easements on private land through private holders, and acquisitions of easements, fee interest land and right-of-ways by the county to meet conservation needs. 2. Maximize the effectiveness of public investments by selecting the conservation tool appropriate to the specific needs of each protect open space within the county. 3. Promote continuity in the actions and informational messages of local conservation organizations within the county. ,Implementation Methods: 1. Establish and maintain a prioritized list of potential conservation areas in the county. 2. Hold targeted, informational meetings and provide information by mail to the owners of land identified in the prioritized list of potential conservation efforts. 3. Share the prioritized list with other locally active conservation easement -holding organizations as appropriate. 4. Take advantage of state PDR programs and any other funds allocated to the county for open space conservation through easement acquisition. 5. Secure grant money and raise money through local donations to supplement/leverage public funding sources for the public acquisition of a conservation easement or fee interest in land. GOAL: Facilitate the Conservation of Open Space. Strategies: 1. Protect open space dedicated to preserving natural, agricultural, historic, and aesthetic resources through the use of the conservation tools available to the county and to private landowners. Cin 2. Protect agricultural lands that preserve rural character and the long- term economic viability of the county through the use of the conservation tools available to the county and to private landowners. Implementation Methods: 3. Provide landowners interested in preservation with information about local conservation resources, and the benefits of conservation including local, state and federal tax incentives. 4. Actively encourage the protection of significant agricultural and forestal areas through the establishinent of conservation casements both within and in addition to the county's established agricultural and forestal districts. 5. Serve as a representative for the public's interest in conservation during mandatory meetings with landowners and developers seeking approval for rezonings, subdivisions, and development projects. GOAL: Provide Appropriate Levels of Public Access. Strategies: 1. Create and promote new and existing programs that expand the public's awareness of and appreciation for the rural and agricultural character of the county, Environmental Resources, Historic Heritage, and the Aesthetic Beauty of Rural Landscapes. Implementation Methods: 1. Seine as the communities primary resource for information about the activities and efforts of public and private organizations, volunteers, businesses, and private individuals engaged in open space conservation and environmental education within the county. 2. Provide for public access to open space in the form of passive recreational facilities, scenic roadway tours, and agricultural, environmental and historic educational opportunities 3. Provide coordination and promote inter -organizational cooperation for the delivery of environmental and historic rural heritage education and interpretive services that further the goals of land conservation in the county. 7